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Home My WebLink Aboutordinance.council.031-14 RECEPTION#: 615517, 11/19/2014 at 02:56:46 PM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE No. 31 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY'S LAND USE CODE SECTION 26.575.020.D.8 REGARDING SUBGRADE AREAS OF SINGLE-FAMILY AND DUPLEX BUILDINGS. 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 a code amendment to curtail the development of so-called double basements and extra-deep basements; 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 with the public and received comments. from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on October 13, 2014, the City Council directed staff to draft a code amendment to amend the calculations and measurement section of the City's Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; 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 26.310.050; 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 Objective The objective of the Land Use code amendment is to curtail the development of"double basements" and extra deep basements in residential areas due to their significant construction impacts on neighboring properties and on the community. This is accomplished by "counting" areas of a structure more than 15 feet below the exterior surface as Floor Area. Double Basements Code Amendment Ordinance 31, Series 2014 Page I of 3 Section 2: Aspen Land Use Code sub-section 26.575.020.d.8 shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. For garages that are part of a subgrade area, the garage exemption is taken from the total gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet= 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Single-family and duplex structures shall contain no more than one floor level below finished grade. A basement with a stepped floor is allowed. The finished floor level shall be no more than 15 feet below finished grade. A crawl space below the basement, compliant with the limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation. Double Basements Code Amendment Ordinance 31,Series 2014 Page 2 of 3 Section 3: 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 4: 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 5: 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 6• A public hearing on this ordinance shall be held on the 27`h day of October, 2014, 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 shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13`h day of October, 2014. Attest: i Linda Manning, City Jerk Steven Skadro , Mayor FINALLY, adopted, passed and approved October 27, 2014. Attest: Linda Manning,City C rk Ste en Skaron, Mayor Approved as to form: J� es R. True,City Attorney / Double Basements Code Amendment Ordinance 31, Series 2014 Page 3 of 3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADD$,ESS OF PRO ERTY: (� p Irl r-4 (}-t pr14 , Aspen, CO S EDULED PUBLIC FIEARIllTG DATE: u C4 . , 20L�t STATE OF COLORADO } ss. County of Pitkin ) I, V CL_ {�-� �+ � (name, please print) being or representinganApplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department; which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the_ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Maili�ig-of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage _-k. t i10893;moi i I'l;9 (Prepaid US,-.mail to all owners of property within three hundred (3)00) feet of the junuq 'Ypropefty subject to the development application. The names and addresses of C.ir1Ag0_i0.'1 -ill -I n,.- i t�,«�r,,7,,t,rpropeity owners shall be those on the current tax records of Pitkin County as they p .,tc .ar:n. +dlj�Vn3.appearedrnormore than sixty (60) days prior to the date of the public hearing. A copy of the o ner s and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Dreher Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning reap shall be available for public inspection in the planning agency during all business hours for fifteen (15) d rior to the public hearing on such amendments. Signat e The foregoing "Affidavit of Notice"was acknowledged before me this( day of CP0JVS 12014 ,by x4=ej PUBLIC NOTICE RE:AMENDMENT TO THE CITY uOF ASPEN NDUSECODE ' WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a ptiwicheannp will be held on Monday October 27,2014;at a meetlnp to begin at 5:00 p.m.before lhe'Aspen City Council,Aspen. f r Chambers,City Hall,130 S. �� m=tohe Aspen,for a proposed cede amend- JViy commission expires: meM to the text of the lend Use Cade. The poten -44- tlai amendment would charge law basements are calculated towards a lot's allowable floor area when a two story basement is proposed. For further in- formation,contact Chris Rendon at the City of As- pen Community Development Department,130 S. Galena St.,Aspen.CO,(970)429.2765,chris.ben- Notary Public don Ocityofaspen.com at Steven Skadron,Mayor KAREN REED PATTERSON Aspen City Council TARY IC (1x,a,e Aspen Times o�oaobe.s,2au06174M) �, STATOF COLORADO NOTARY ID#19964002787 ATTACH LENTS AS APPLICABLE: My Commission Expires February 16,ZOiB • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE 0WITERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3