HomeMy WebLinkAboutordinance.council.004-15 ORDINANCE No. 4
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.575—MISCELLANEOUS SUPPLEMENTAL REGULATIONS,OF THE
CITY OF ASPEN LAND USE CODE.
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 prepare amendments to the Miscellaneous Supplemental Regulations Chapter
of the Land Use Code; 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 regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 12, 2015, the City Council approved Resolution No.4, Series of 2015, requesting code
amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous
Supplemental Regulations; 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, implementing policies to bolster the City of Aspen's short-term bed base has been a
City Council priority, including a Top Ten Goal for the past two (2)years; and,
WHEREAS,the City Council finds that this Resolution implements the City's goals related
updating and bolstering the short-term bed base, as articulated in the 2012 Aspen Area Community
Plan; 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: Chapter 26.575.020.0 —Measuring Net Lot Area, which section clarifies what
Code Amendment—ROW Floor Area
Ordinance 4, Series 2015
Page 1 of 5
l
portions of a lot are included in floor area calculations, shall read as follows:
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area.
This is a number that accounts for the presence of steep slopes, easements, areas under water,
and similar features of a property. The method for calculating a parcel's Net Lot Area is as
follows:
Table 26.575.020-1 Percent of parcel to Percent of parcel
be included in Net to be included in
Lot Area to Net Lot Area to
determine allowable determine.
Floor Area allowable
Density
Areas of a parcel with 0% to 20% slope. Notes 100% 100%
2, 3.
Areas of a parcel with more than 20% and up to For properties in the
30%slope. Notes 2, 3. R-15B Zone: 100%
100%
For all other
properties: 50%.
Areas of a parcel with more than 30% slope. For properties in the
Notes 2, 3. R-15B Zone: 100%
100%
For all other
properties: 0%.
Areas below the high water line of a river or 0% 0%
natural body of water. Note 1.
Areas dedicated to the City or County for open 100% 100%
space or a public trail.
Areas within an existing, dedicated, reserved for
dedication, proposed for dedication by the -
application, or vacated public vehicular right- 0% 0%
of-way, public vehicular easement, or vehicular
emergency access easement. Notes 4, 5, 6.
Areas within an existing, dedicated, reserved for
dedication, or proposed for dedication by the 0% 0%
application private vehicular right-of-way or
vehicular easement. Notes 4, 5, 6.
Code Amendment—ROW Floor Area
Ordinance 4,Series 2015
Page 2 of 5
Areas within a vacated private vehicular right-
of-way or vehicular easement, when any
affected parcel has no other established physical 0% 0%
and legal means of accessing a public way.
Notes 4, 5, 6.
Areas within a vacated private vehicular right-
of-way or vehicular easement, when all affected
parcels have established alternate physical and 100%. 100%
legal means of accessing a public way. Notes 4,
5, 6.
Areas of a property subject to above ground or
below ground surface easements such as 100% 100%
utilities or an irrigation ditch that do not
coincide with vehicular easements.
Code Amendment—ROW Floor Area
Ordinance 4, Series 2015
Page 3 of 5
1
1
Notes for Table 26.575.020 - 1:
1. Lot Area shall not be reduced due to the presence of man-made water courses or
features such as ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an estimation of
pre-development topography prepared by a registered land surveyor or civil engineer. The
Director may require additional historical documentation, technical studies, reports, or
other information to verify a pre-development topography.
3. The total reduction in Floor Area attributable to a property's slopes shall not exceed
25%.
4. Areas of a property within a shared driveway easement, when both properties sharing
the easement abut a public right-of-way, shall not be deducted from Lot Area. This
enables adjacent property owners to combine two driveways into one without reducing
development rights.
5. When a property of 9,000 square feet or less contains a private vehicular access
easement dedicated to no more than one back parcel, when such back parcel has no other
means of access, the area of the access easement shall not be deducted from Lot Area for
either Floor Area or density purposes. Otherwise, areas of a vehicular access easement
serving another parcel shall be deducted from Lot Area as provided in the table above.
6. Within the Lodge zone district, the areas located within a vacated vehicular right-of-
way, a vacated public vehicular easement, or vacated vehicular emergency access
easement, if the area was vacated prior to the adoption of Ordinance No. 11, Series of
1975, shall not be deducted from Lot Area for either Floor Area or density purposes.
Otherwise, areas within a vacated vehicular right-of-way, a vacated public vehicular
easement, or vacated vehicular emergency access easement shall be deducted from Lot
Area as provided in the table above.
Section 2: Effect Upon Existing Litigation. 1
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 3: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
heldlinvalid 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 4: Effective Date.
Code Amendment—ROW Floor Area
Ordinance 4, Series 2015
Page 4 of 5
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 5•
A public hearing on"this ordinance was held on the 4�day of _ Ari iq at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chat bers, 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.
INTRODUCED,READ AND ORDERED PUBLISHED as-provided by law, by the City Council
of the City of Aspen on the 12th day of January,2015.
A st:
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Linda Manning,CityClerk Steven S adron, or
FINALLY, adopted,passed and approved this 6�day of `}-2 015.
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hest: �
Linda Manning,City C ie
rk Steven Skadron, ayor
Approved as to form:
ity Attorney
Code Amendment—ROW Floor Area
Ordinance 4, Series 2015
Page 5 of 5
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10882375 ��'`��
Ad Ticket#5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-M - ANGELA.SCOREY@a CITY
Client:
Caller: Angela Scorey City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 10882375A Original Id: 10882362
Editions: 8ATI/8ATW/ Class: 0990
Start: 01/22/15 Stop: 01/22/15
Color: Issue 1
Copyline: atw Amend to City land use code Rep: AT Legals
PUBLIC NOTICE
RE:AMENDMENT TO THE CITY OF ASPEN
LAND USE CODE
Lines: 25
NOTICE IS HEREBY GIVEN that a public hearing
Depth: 2,1 will be held on Monday February 9, 2015; at a
meeting to begin at 5:00 p.m. before the Aspen
Columns: 1 City Council. Council Chambers. City Hall, 130 S.
Galena St., Aspen; to consider an am endm ent to
Discount: 0.00 the text of the Land Use Code to update the Cal-
Commission: 0.00 culationsand Measurement section of Miscella-
neous Supplemental Regulations. The potential
Net: 0.00 amendment would amend the code to allow cer-
tain areas in vacated rights-of-way to be counted in
Tax: 0.00 allowable Floor Area. For further information,
contact Jessica Garrow at the City of Aspen Com-
Total 12.65 Com-
munity Development Department. 130 S. Galena
St . . Aspen ; CO , ( 970 ) 429 - 2780 ,
jessica.garrow O?cityofaspen.com
Payment 0.00
s/Steven Skadron: Mayor
Aspen City Council
Published in the Aspen Times on January 22, 2015
(10882375)
Ad shown is not actual print size
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Ad Name: 10882375A PUBLIC NOTICE
RE:AMENDMENT TO THE CITY OF ASPEN
Customer: Aspen (LEGALS) City of LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
Your account number: 1013028 will be held on Monday February 9,2015,at a
meeting to begin at 5:00 p.m.before the Aspen
City Council,Council Chambers,City Hall,130 S.
A Galena St.,Aspen,to consider an amendment to
TION the textthe Land Use Code to update the Cal-
PROOF OF PUBLICATION
culations and Measurement section of Miscella-
neous Supplemental Regulations. The potential
amendment would amend the code to allow cer-
tain areas in vacated rights-of-way to be counted in
allowable Floor Area. For further information,
contact Jessica Garrow at the City of Aspen Com-
munity Development Department,130 S.Galena
St., Aspen, CO, (970) 429-2780,
T2Z A:P:x TIM:: jessica.garrow@cityofaspen.com
s/Steven Skadron,Mayor
Aspen City Council
STATE OF COLORADO, Published in the Aspen Times on January 22,2015
COUNTY OF PITKIN (10882375)
I, Samantha Johnston, do solemnly swear that I am
General Manager of theASPEN TIMES WEEKLY,
that the same weekly newspaper printed,in whole or
in part and published in the County of Pitkin,State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 1/22/2015 and that the last publication of
said notice was in the issue of said newspaper dated
1/22/2015.
In witness whereof,I have here unto set my hand
this 01/23/2015.
Samantha Jo nston,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 01/23/2015.
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' PAMELAJ.
' SCHULR
� •.., Pamela J. Schultz,Notary Public
�0O` y Commission expires:November 1,2015
My CanmissW Expires 111017015