HomeMy WebLinkAboutordinance.council.006-2019 ORDINANCE #6
SERIES OF 2019
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE CITY OF ASPEN
LAND USE CODE RELATED TO HISTORIC PRESERVATION BENEFITS
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to draft code amendments to amend the language regarding benefits available
to historic properties; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and
acted on by City Council, and then final action by City Council after reviewing and
considering the recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach and received comments from the Historic
Preservation Commission regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.02o(B)(2), during a duly noticed public
hearing on September 17, 2018, the City Council approved Resolution #108, Series of 2018, by
a five to zero vote (5-0) requesting a code amendment to amend historic preservation benefits
provided in the City's Land Use Code; and,
WHEREAS,the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310;
and,
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Objectives
The objectives of these code amendments are to:
A. Ensure continued preservation of all historic resources.
B. Ensure historic preservation projects appropriately balance development
opportunities and community benefit.
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Section 2: Amendments to Section 26.415.o7o.A
Aspen Land Use Code Section 26.415.070.A shall be rescinded and re-adopted as follows:
26.415.070. Development involving designated historic property or property within a
historic district.
No building, structure or landscape shall be erected, constructed, enlarged, altered,
repaired, relocated or improved involving a designated historic property or a property
located within a Historic District until plans or sufficient information have been submitted to
the Community Development Director and approved in accordance with the procedures
established for their review. An application for a building permit cannot be submitted
without a development order.
A. Exempt development.
1. Selected activities are exempted from the development review procedures including
paint color selection, exterior repainting or replastering similar to the existing finish
or routine maintenance such as caulking, replacement of fasteners, repair of window
glazing or other such minimally intrusive work.
2. Interior remodeling is exempt except that demolition which results in the removal of
more than 50%of the floor area within the interior of a historic resource is prohibited.
The intent of this provision is to disincentivize the underutilization of the historic
resource in order to make a larger addition to it.
3. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
[All other subsections shall remain unchanged.]
Section 3: Amendments to Section 26.415.110.
Aspen Land Use Code Section 26.415.110 shall be rescinded and re-adopted as follows:
26.415.110. Benefits.
The City is committed to providing support to property owners to assist their efforts to
maintain, preserve and enhance their historic properties. Recognizing that these properties
are valuable community assets is the basic premise underlying the provision of special
procedures and programs for designated historic properties and districts.
Benefits to encourage good historic preservation practices by the owners of historic
properties are an important aspect of Aspen's historic preservation program. Historic
resources are a valuable community asset and their continued protection is the basic
premise supporting the creation of an innovative package of preservation tools that are
unlike any other in the country.
Aspen's preservation benefits are in response to tight historic preservation controls that
have been legislated by the City since 1972. The Community Development Department and
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Historic Preservation Commission (HPC) are dedicated to assisting property owners in
renovating and maintaining their property.
Aspen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this basic character that has helped make the City both
economically vital and cherished by many.
Only designated properties may be eligible for the following benefits.
A. Historic landmark lot split. Properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures may receive an exemption from the subdivision and growth
management quota system, pursuant to Sections 26.480 and 26.470, allowing owners of
designated historic properties to create a second unit in addition to the historic building on
their lot through the subdivision of the property. Refer to specific zone district information
in Chapter 26.710 for further information. All parcels created through a Historic Landmark
lot split shall retain designation on the Aspen Inventory of Historic Sites and Structures.
B. Increased density. Two detached single-family dwelling units or a duplex may be
allowed on a smaller sized lot than is required for a non-designated property. Refer to
specific zone district information in Chapter 26.710 for further information. Where a duplex
is proposed on a designated property which contains a historic resource, the common
unpierced wall must occur below grade. Locating the common wall below grade shall only
be permitted for designated properties.
C. Variations. Dimensional variations are allowed for projects involving designated
properties to create development that is more consistent with the character of the historic
property or district than what would be required by the underlying zoning's dimensional
standards.
1. The HPC may grant variations of the Land Use Code for designated properties to
allow:
a) Development in the side, rear and front setbacks;
b) Development that does not meet the minimum distance requirements between
buildings;
c) Up to five percent (5%) additional site coverage;
d) Less public amenity than required for the on-site relocation of commercial
historic properties.
2. In granting a variation, the HPC must make a finding that such a variation:
a) Is similar to the pattern,features and character of the historic property or district;
and/or
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b) Enhances or mitigates an adverse impact to the historic significance or
architectural character of the historic property, an adjoining designated historic
property or historic district.
D. Parking. On-site parking reductions are permitted for designated historic properties
unable to contain the number of parking spaces required by the underlying zoning due to
the existence of a historic resource. In these circumstances, alternative mitigation in the
form of cash-in-lieu, pursuant to Chapter 26.515, may be accepted by HPC for commercial
development. HPC may waive cash-in-lieu for residential development.
In addition to the review criteria listed in Chapter 26.515, the parking reduction and waiver
of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or
mitigate an adverse impact on the historic significance or architectural character of a
designated historic property, an adjoining designated property or a historic district.
E. Conditional uses. A variety of conditional uses are allowed for designated historic
properties. These uses are identified in Chapter 26.70.
F. Floor area bonus.
1. In selected circumstances, the HPC may grant up to five hundred (5oo) additional
square feet of allowable floor area for projects involving designated historic
properties. The potential bonus is determined by net lot area such that a 3,000-5,999
square foot lot is eligible for a maximum of a two hundred fifty(250) square foot floor
area bonus,a 6,000-8,999 square foot lot is eligible for a maximum of a three hundred
seventy five (375) square foot floor area bonus and a 9,000 square foot or larger lot
is eligible for a maximum of a 500 square foot floor area bonus. Floor area bonuses
are cumulative. More than one bonus may be approved up to the maximum amount
allowed for the lot. If a property is subdivided, the maximum bonus will be based on
the original lot size, though the bonus may be allocated amongst the newly created
parcels to the extent permitted.
On any lot where a historic property is permitted a duplex density while a non-historic
property is not, the increased allowable floor area that results from the density will
be deducted from the maximum bonus that the property may receive.
To be considered for the bonus, it must be demonstrated that the project meets all of
the following criteria:
a) The historic building is the key element of the property, and the primary entry
into the structure, and the addition is incorporated in a manner that maintains the
visual integrity of the historic building; and
b) If applicable, historically significant site and landscape features from the period
of significance of the historic building are preserved; and
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c) The applicant is undertaking multiple significant restoration actions, including but
not limited to, re-opening an enclosed porch, re-installing doors and windows in
original openings that have been enclosed, removing paint or other non-original
finishes, or removing elements which are covering original materials or features;
and
d) The project retains a historic outbuilding, if one is present, as a free standing
structure above grade; and
e) The applicant is electing a preservation outcome that is a high priority for HPC,
including but not limited to, creating at least two detached structures on the site,
limiting the amount of above grade square footage added directly to a historic
resource to no more than twice the above grade square footage of the historic
resource, limiting the height of an addition to a historic resource to the height of
the resource or lower, or demolishing and replacing a significantly incompatible
non-historic addition to a historic resource with an addition that meets current
guidelines.
2. Granting of additional allowable floor area is not a matter of right but is contingent
upon the sole discretion of the HPC and the Commission's assessments of the merits
of the proposed project and its ability to demonstrate exemplary historic
preservation practices.
3. The decision to grant a floor area bonus for major development projects will occur
as part of the approval of a Conceptual Development Plan, pursuant to Subsection
26.415.070.D.
4. Floor area bonuses are only available for single-family, duplex or l00% affordable
housing development. A property shall receive no more than 500 square feet total.
The award of a bonus is project specific. At such time that more than 40% of an
addition to a historic resource that was constructed as part of a project which
previously received a floor area bonus is demolished,the bonus may be retained only
if the proposed redevelopment is found to meet the requirements of this Section.
5. Separate from the floor area bonus described above, on a lot that contains a historic
resource, HPC may exempt wall exposed by a light well that is larger than the
minimum required for egress from the calculation of subgrade floor area only if the
light well is internalized such that it is entirely recessed behind the vertical plane
established by the portion of the building fagade(s) closest to any street(s), the light
well is screened from view from the street by building walls or fences, and any
addition that is made to the affected resource simultaneous or after the construction
of the light well is entirely one story.
G. Exemption from growth management quota system requirements. Certain types
of development on designated historic properties are exempt from the growth management
quota system and have reduced impact mitigation requirements. Refer to Chapter 26.470
for further information.
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H. Waiver of impact fees. Designated historic properties may be eligible for waiver of
Impact Fees. Refer to Chapter 26.610 for further information.
I. Rehabilitation loan fund. City Council may approve a zero interest loan in an
amount up to twenty-five thousand dollars ($25,000.00) for any property that is in violation
of Section 26.415.100 of the Land Use Code, Demolition by Neglect, or to fund other
rehabilitation work which is considered necessary for the preservation or restoration of a
designated structure. To eligible for this benefit, a property owner shall show evidence
of financial need. These one-time loans shall be repaid at the time of transfer-of-title or by
the end of ten (io) years, whichever comes first.
J. Conservation easement program. The City may accept a "Conservation Easement"
from a property owner who wishes to forgo any of the allowed square footage on their
property in exchange for a federal tax deduction. A deed restriction shall be filed on the
site to show that future development is limited. The five hundred (500) square foot floor
area bonus provided in Subsection 26.415.110 of the Land Use Code cannot be donated as a
conservation easement.
K. City-owned building rehabilitation fund. The City shall give priority in the asset
management plan to budgeting the funds necessary to adequately maintain, rehabilitate or
restore City-owned designated properties.
L. Transferable Development Right (TDR). Pursuant to Chapter 26.535 of this Code,
owners of properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures may sever and convey, as a separate development right, undeveloped floor area
to be developed on a different property within the City. Refer to Section 26.710, Zone
Districts for further information on landing sites for TDRs.
M. Community-initiated development. The City shall consider opportunities to be
involved in public-privately funded rehabilitation efforts, building expansion,or infill projects
that demonstrate good historic preservation practices.
N. Building codes. The City's adopted Building Code provides for flexibility in its
application to historic structures.
O. Contractor training. The Community Development Department shall provide
periodic workshops for contractors on proper preservation techniques,using grants or other
sources of funding.
P. Cultural heritage tourism. Through grants or other sources of funding, the City
may facilitate collaborative partnerships among tourist industry sectors, historic property
owners and cultural heritage attractions to create a marketing strategy and marketing
products to attract visitors interested in the distinctive historic character of Aspen.
Q. Preservation honor awards. The Aspen Historic Preservation Commission shall
present annual awards to recognize exemplary historic preservation efforts in the City.
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R. Historic markers. Through grants or other sources of funding,the City may provide
a historic marker of a standard design for any owner of a designated historic property who
desires a marker to install on their building. The City may also develop a marker or signage
program to recognize designated historic districts.
S. Work Sessions.
1. Projects requesting a Floor Area Bonus pursuant to Section 26.415.110(F), Floor Area
Bonus, or projects of significant public interest may request a Work Session with HPC.
2. The purpose of the Work Session is to provide an applicant with initial feedback on
the project. An application is required, and shall address the overall design intent, site
plan, basic massing, and programming.
3. HPC may not take any formal action at the Work Session, and any feedback provided
to the applicant is non-binding. All work sessions shall be noticed pursuant to the
requirements for a public hearing in Section 26.304.060(E), Public Noticing, and public
comment shall be taken.
Section 4: Amendments to Section 26.470.070.
Aspen Land Use Code Section 26.470.070.D shall be amended as follows:
"D. Remodeling or Relocation of historic structures. The remodeling or permanent or
temporary relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites
and Structures, shall be exempt from growth management, provided that all necessary
approvals are obtained, pursuant to Chapter 26.415, and no expansion occurs. Expansions
shall be mitigated pursuant to this chapter."
Aspen Land Use Code Section 26.470.070.E (Transferable development rights) shall be
rescinded and all subsequent sections shall be renumbered. All references to the
renumbered subsections within Chapter 26.470 shall be updated to reflect this renumbering.
Section 5: Amendments to Section 26.470.090
Aspen Land Use Code Sections 26.470.o9o.A (Single family and duplex development on
historic properties), 26.47o.ogo.D (Change in use of historic landmark sites and structures),
and 26.470.ogo.E (Minor enlargement of an historic landmark for commercial, lodge, or
mixed-use development), shall be rescinded and all sections within Section 26.470.090 shall
be renumbered. All references to the renumbered subsections within Chapter 26.470 shall
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be updated to reflect this renumbering.
Section 6: Amendments to Section 26.470.100
Aspen Land Use Code Section 26.470.100.A (Enlargement of an historic landmark for
commercial, lodge, or mixed-use development) shall be rescinded and all subsequent
sections shall be renumbered. All references to the renumbered subsections within Chapter
26.470 shall be updated to reflect this renumbering.
Section 7: Amendments to Section 26.535.070.
Aspen Land Use Code Section 26.535.070 shall be rescinded and re-adopted as follows:
26.535.07o Review criteria for establishment of a historic transferable development
right
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to
adoption of an ordinance, finds all the following standards met.
A. The sending site is a historic landmark on which the development of a single-family or
duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts.
Properties on which such development is a conditional use shall not be eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for
either a single-family or duplex home, equaling or exceeding two hundred and fifty(250)
square feet of floor area multiplied by the number of historic TDR certificates requested.
C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not
increase the specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built development,
any approved development order,the allowable development right prescribed by zoning
for a single-family or duplex residence, and shall not include the potential of the sending
site to gain floor area bonuses, exemptions or similar potential development incentives.
Properties in the MU Zone District which do not currently contain a single-family home
or duplex established prior to the adoption of Ordinance 47, Series of 2005, shall be
permitted to base the calculation of TDRs on l00% of the allowable floor area on an
equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs
and does not permit the on-site development of l00% of the allowable floor area on an
equivalent-sized lot in the R-6 zone district. If the additional 20%of allowable floor area
exceeds 500 square feet, the applicant may not request a floor area bonus from HPC at
any time in the future.
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E. Any development order to develop floor area, beyond that remaining legally connected
to the property after establishment of TDR Certificates, shall be considered null and
void.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for a
single-family or duplex residence minus two hundred and fifty (250) square feet of floor
area multiplied by the number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses,
the maximum development of the property, independent of the established property
use,shall be the floor area of a single-family or duplex residence(whichever is permitted)
minus two hundred fifty (250) square feet of floor area multiplies by the number of
historic TDR certificates established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square
footage reduction from the allowable floor area for a single-family or duplex residence,
as may be amended from time to time. The sending site shall remain eligible for certain
floor area incentives and/or exemptions as may be authorized by the City Land Use
Code, as may be amended from time to time. The form of the deed restriction shall be
acceptable to the City Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute
and deliver a deed restriction lessening the available development right of the subject
property together with the appropriate fee for recording the deed restriction with the
County Clerk and Recorder's office.
H. It shall be the responsibility of the sending site property owner to provide building plans
and a zoning analysis of the sending site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of built
floor area.
I. The sale, assignment, conveyance or other transfer or change in ownership of
transferable development rights certificates shall be recorded in the real estate records
of the Pitkin County Clerk and Recorder and must be reported by the grantor to the
City of Aspen Community Development Department within five(5) days of such transfer.
The report of such transfer shall disclose the certificate number,the grantor,the grantee
and the total value of the consideration paid for the certificate. Failure to timely or
accurately report such transfer shall not render the transferable development right
certificate void.
J. TDR certificates may be issued at the pace preferred by the property owner.
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K. City Council may find that the creation of TDRs is not the best preservation solution for
the affected historic resource and deny the application to create TDRs. HPC shall
provide Council with a recommendation.
Section 8: Amendments to Section 26.710.040.D
Aspen Land Use Code Section 26.710.040.D shall be rescinded and re-adopted as follows:
26.710.040 Medium-Density Residential (R-6).
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Medium-Density Residential (R-6) Zone District:
11. Floor area ratio (applies to conforming and nonconforming lots of record):
10
Net Lot Area(Square Allowable Floor Area Allowable Floor Area
Feet) for Single-Family for Two Detached
Residence* Dwellings or One
Duplex"
0-3,000 80 square feet of floor 90 square feet of floor
area for each 100 square area for each 100 square
fee in Net Lot Area,up to feet in Net Lot Area,up
a maximum of 3.-100 to a maximum of 2.700
square feet of floor area square feet of floor area
,,000-6;000 2,400 square feet of floor 2,700 square feet of floor
area;plus 2S square feet area,plus 30 square feet
of floor area for each of floor area for each
additional 100 square feet additional 100 square
in Net Lot Area,up to a feet in Net Lot Area.up
maximum of 3,2.10 square to a maximum of 3;600
feet of floor area square feet of floor area
6,000-9,000 3,240 square feet of floor 3,600 square feet of floor
area,plus 14 square feet area,plus 16 square feet
of floor area for each of floor area for each
additional 100 square feet additional 100 square
in Net Lot Area. up to a feet in Net Lot Area.up
ma amurn of 3;660 square to a maximum of 4,080
feet of floor area square feet of floor area
9,000-15,000 3,660 square feet of floor 4,080 square feet of floor
area.plus 6 square feet of area,plus 6 square feet of
floor area for each floor area for each
additional 100 square feet additional 100 square
in Net Lot Area.up to a feet in Net Lot Area.up
maximum of 4,020 square to a maxunum of 4;410
feet of floor area square feet of floor area
15.000-50,000 4,020 square feet of floor 4;410 square feet of floor
area,plus : square feet of area,plus 5 square feet of
floor area for each floor area for each
additional 100 square feet additional 100 square
in Net Lot Area,up to a feet in Net Lot Area,up
maximum of-5,770 square to a maximum of 6,190
feet of floor area. square feet of floor area
0;000+ �;;70 square feet of floor 6,190 square feet of floor
area;plus 2 square feet of area,plus 3 square feet of
floor area for each floor area for each
additional 100 square feet additional 100 square
in Net Lot Area. feet in Net Lot Area
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*Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex.
a Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional
two hundred and fifty (250) square feet of Floor Area. Each residence on the parcel,
excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor
area increase in exchange for the extinguishment of one (1) historic TDR. Properties
listed on the inventory of historic sites and structures shall not be eligible for this Floor
Area increase. Non-conforming uses and structures shall not be eligible for this Floor
Area increase. No more than one (1) floor area increase shall be allowed per residence,
with the following exceptions:
b Non-historic properties with a net lot area of 9,000 sf or larger that contain only a single
family residence are eligible to extinguish up to two (2) historic TDRs.
c Properties within the same subdivision or planned development as a sending site may
be specified as eligible for up to two (2) floor area increases per residence pursuant to
the subdivision or planned development approval. The properties to be specified as
eligible for up to two (2) floor area increases per residence shall be located within the
same subdivision or planned development so as to enhance preservation of the historic
resource, considering a recommendation from the Historic Preservation Commission,
shall not be located adjacent to the sending site and shall be described and depicted in
the subdivision or planned development approvals granted by City Council. The total
number of floor area increases permitted within the subdivision or planned
development shall not exceed an aggregate total of one (1) per non-historic residence
within the entire subdivision or planned development.
[All other subsections shall remain unchanged.]
Section 9: Amendments to Section 26.71o.o5o.D
Aspen Land Use Code Section 26.710.050.D shall be rescinded and re-adopted as follows:
26.710.050 Moderate-Density Residential (R-15).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) Zone District.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
11
Net Lot Allowable Floor Area for Allowable Floor Area for Two
Area Single-Family-Residence* Detached Dwellings or One
(Square Duplex*
Feet)
0-3,000 80 square feet of floor area for each 90 square feet of floor area for each
100 square feet in Net Lot Area,up 100 square feet in Net Lot Area, up to
to a maximum of 2,400 square feet a maximum of 2,700 square feet of
of floor area floor area
3,000-9,000 2,400 square feet of floor area,plus 2;700 square feet of floor area,plus
28 square feet of floor area for each 30 square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area,up to a maximum of 4,080 Area,up to a maximum of 4,300
square feet of floor area square feet of floor area_
9,000— 4,080 square feet of floor area,plus 7 4:500 square feet of floor area,plus 7
15,000 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area,up to a maximum of 4,500 Area,up to a maximum of 4,920
square feet of floor area square feet of floor area
15,000— 4,500 square feet of floor area.plus 6 4,920 square feet of floor area,plus 6
50,000 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area,up to a maximum of 6,600 Area,up to a maximum of 7,020
s uare feet of floor area square feet of floor area
50=000+ 6,600 square feet of floor area,plus 2 7,020 square feet of floor area,plus 3
square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area. Area_
Total external floor area for multiple detached residential dwellings on one (1) lot shall
not exceed the floor area allowed for one (i) duplex.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535,Transferable development rights,shall allow an additional two hundred and
fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (i) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
[All other subsections shall remain unchanged.]
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Section 10: Amendments to Section 26.710.o6o.D
Aspen Land Use Code Section 26.71O.O6O.D shall be rescinded and re-adopted as follows:
26.710.060 Moderate-Density Residential (R-15A).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) Zone District:
10. Floor area ratio (applies to conforming and nonconforming lots of recordl
Net Lot Allowable Floor Area for Allowable Floor Area for Two
Area Single-Family Residence* Detached Dwellings or One
(Square Duplex*
Feet)
0-3,000 80 square feet of floor area for 90 square feet of floor area for
each 100 square feet in Net Lot each 100 square feet in Net Lot
Area,up to a maximum of 2,400 Area,up to a maximum of 2,700
square feet of floor area square feet of floor area
3,000— 2,400 square feet of floor area, 2,700 square feet of floor area,
9,000 plus 28 square feet of floor area plus 30 square feet of floor area
for each additional 100 square for each additional 100 square
feet in Net Lot Area,up to a feet in Net Lot Area,up to a
maximum of 4,080 square feet maximum of 4,100 square feet of
of floor area floor area
9,000— 4,080 square feet of floor area, 4,500 square feet of floor area,
15,000 plus 7 square feet of floor area plus 7 square feet of floor area
for each additional 100 square for each additional 100 square
feet in Net Lot Area,up to a feet in Net Lot Area,up to a
maximum of 4,500 square feet maximum of 4,920 square feet of
of floor area floor area
15,000— 4,500 square feet of floor area, 4,920 square feet of floor area,
50,000 plus 6 square feet of floor area plus 6 square feet of floor area
for each additional 100 square for each additional 100 square
feet in Net Lot Area,up to a feet in Net Lot Area,up to a
maximum of 6,600 square feet maximum of 7,020 square feet of
of floor area floor area
X0,000+ 6,600 square feet of floor area, 7,020 square feet of floor area,
plus 2 square feet of floor area plus 3 square feet of floor area
for each additional 100 square for each additional 100 square
feet in Net Lot Area_ feet in Net Lot Area.
Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex.
Each City historic transferable development right certificate extinguished, pursuant to Chapter
26.535, Transferable development rights, shall allow an additional two hundred and fifty (250)
square feet of floor area. Each residence on the parcel,excluding accessory dwelling units and
carriage houses, shall be eligible for one (1) floor area increase in exchange for the
extinguishment of one (1) historic TDR. Properties listed on the inventory of historic sites and
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structures shall not be eligible for this floor area increase. Nonconforming uses and structures
shall not be eligible for this floor area increase. No more than one (1) floor area increase shall
be allowed per residence, with the following exceptions:
a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
[All other subsections shall remain unchanged.]
Section 11: Scrivener's Errors.
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 12: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided,and the same shall be conducted and concluded under such prior ordinances.
Section 1 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 14! Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty(30) days following final passage.
Section 15: Public Hearing.
A public hearing on this ordinance was held on the 8`h day of April, 2oi9 at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen. Council continued the
hearing to the 131h day of May, 2019, for further discussion and adoption of this ordinance.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of
the City of Aspen on the 11th day of March,2019.
Attest: _
�/ /� -,r
Linda Manning, City Clerk Steven Skadron, Mayor
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FINALLY, adopted, passed and approved I" i'> 2019.
test:
Linda Manning, City Clerk Steven Ska�dr1on, Mayor
Approved as to form:
James R. True, City Attorney
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