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HomeMy WebLinkAboutordinance.council.047-88 ORDINANCE NO. II :j- (Series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE ASPEN LAND USE REGULATIONS WITH RESPECT TO PROVISION OF AFFORDABLE HOUSING AND DISPLACEMENT WHEREAS, the Aspen Planning and Zoning Commission (hereinafter, the "Commission") adopted a policy in Resolution 84-2 that employee housing units be provided "in small, dispersed housing opportunities, rather than in large complexes"; and WHEREAS, in April, 1980, the Aspen/pitkin Housing Task Force (on which the Commission was a member) issued its Action Plan Report, recommending a three pronged strategy to address the communi ty' s housing needs, including production of new units, reduction of demand for new housing and preservation of the existing inventory; and WHEREAS, in August, 1987, the Aspen Pitkin Housing Authority (hereinafter the "City Council's housing designee") issued its Housing Needs Assessment, within which it did find the following: * that there is an existing housing shortfall of more than 200 units; and * that the resident housing inventory in the Aspen area consists of approximately 3300 dwelling units, of which approximately only 900 are restricted as affordable housing; and WHEREAS, the Commission is in the process of formulating the Aspen Area comprehensive Plan and is currently working on the Housing and Land Use Elements; and WHEREAS, based on its work on the Aspen Area Comprehensive Plan, the Commi~sion finds that the demolition of existing residential dwellings in Aspen is resulting in the exclusion of working residents from the City's neighborhoods, causing employees to face a long and sometimes dangerous commute on S.H. 82 and contributing to our air pollution problems; and WHEREAS, the Commission finds that the development of new, exclusive residential developments. is contrary to the standing community goal to promote an economic and balance in Aspen; and WHEREAS, the Aspen City Council adopted Ordinance 31, Series of 1988, imposing an administrative delay on residential demolition and subdivision, in order to provide the time to study these problems and to implement appropriate solutions; and WHEREAS, the Commission held pUblic hearings on September 27, October 11, 18 and 25, and November 1, 1988 to consider amendments to the Aspen Land Use Regulations and economic incentives intended to address these problems and did adopt Resolution 11 making recommendations to the city Council; and WHEREAS, the Hous ing Des ignee met on October 26, 1988 to consider these amendments and endorsed the Commission's recommended approach, with suggested modifications; and WHEREAS, the City Council, having received the recommendations of the Commission, wishes to amend Aspen Land Use Regulations with respect to affordable housing and displacement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: long social 2 section 1 That the Aspen Land Use Regulations are hereby amended by adding a new Division 7 of Article 5, which section reads as follows: " DIVISION 7: REPLACEMENT HOUSING PROGRAM Sec. 5-701. Puroose. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, including those which are affordable by its working residents. However, because of Aspen's attractiveness as a resort environment, and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of older homes for tourist and second home use. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will promote a socially and economically balanced community, limit the number of employees who face a long and sometimes dangerous commute on state Highway 82, reduce the air pollution effects of employee commuting and prevent exclusion of working residents from the City's neighborhoods. In its Housing Master Plan, the City has established a goal that housing be provided by both the public and private sectors. The City, through its housing designee, has provided affordable housing both within and adjacent to the city limits. The City finds it necessary to adopt limitations on the displacement of housing units from its inventory to insure that the private sector maintains its role in the provision of affordable housing and to prevent a housing shortfall from occurring while the impacts of new development are being addressed. Sec. 5-702. Applicabilitv and Standards. Whenever one or more residential dwelling units in a multi- family building is demolished or when two or more ownerships of land, each of which contains one or more detached residential or duplex units, is merged or otherwise combined into a project for the purpose of demolition and reconstruction of the units, excluding any parcel consolidated as a Specially Planned Area (SPA), the applicant shall be required to restrict a minimum of fifty percent (50%) of the total number of units (but in no case more than the number of units demolished) and twenty-five percent (25%) of the total number of bedrooms in the replacement project as affordable housing. For the purposes of this section, a studio shall be counted as a three-quarter (3/4) bedroom. When the number of affordable housing units replaced on the 3 site is less than or equal to fifty percent (50%) of the total number of units demolished on the site, the replacement units shall be restricted to the housing designee's low income and occupancy guidelines. When the number of affordable housing units replaced on the site is more than fifty percent (50%) but less than one-hundred percent (100%) of the total number of units demolished on the site, the applicant may choose to restrict the replacement units to the housing designee's low or moderate income and occupancy guidelines. When the number of affordable housing units replaced on the site is one-hundred percent (100%) or more of the total number of units demolished on the site, the applicant may choose to restrict the replacement units to the housing designee's low, moderate or middle income and occupancy guidelines or as Resident Occupied units. The standards of this Division shall apply when a dwelling unit is demolished, is moved outside of the City of Aspen or when the number of units on the site is reduced. Moving a dwelling unit to another location within the city of Aspen shall not be considered demolition, provided it meets all of the requirements of this Chapter in its new location. Demolition resulting from an act of God or through any manner not willfully accomplished by the owner shall not cause the requirements of this Division to apply. Demolition of a unit which the owner demonstrates to the Planning Director, through the consent of City Council, has, since the time of its initial occupancy, been exclusively occupied as a tourist accommodation or by an owner who does not meet the housing designee's definition of resident, shall not cause the requirements of this Division to apply. Sec 5-703. Location. Affordable housing replacement units shall be developed on the same site on which demolition has occurred, unless the applicant shall demonstrate that replacement of the units on- site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances results, the applicant shall replace the maximum number of units on-site which the Commission and Council determine the site can accommodate and may replace the remaining units off-site, within the City of Aspen or the Aspen Annexation Area, as defined within the Aspen Area Comprehensive Plan: Annexation Element, 1988. When the applicant's housing replacement requirement involves a fraction of a unit, cash-in-lieu may be provided to meet the fractional requirement only. Sec. 5-704. Timinq. 4 Replacement units shall be available for occupancy at the same time as the new units, regardless of whether built on- or off-site and shall contain fixtures, finish and amenities required by the housing designee's guidelines. When replacement units are proposed to be built off-site, the applicant shall be required to obtain a development order approving the off-site development prior to or in conjunction with obtaining a development order approving redevelopment of the site on which demolition is proposed to take place." section 2 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended by adding "Accessory Dwelling units meeting the provisions of section 5-510" to the conditional use list in the following zone districts: Medium-Density Residential (R-6) , Moderate-Density Residential (R-15, R-15A), Low-Density Residential (R-30), Residential/Multi-Family (R/MF), Rural Residential (RR), Commercial Core (CC), Commercial (C-l), Office (0), Lodge/Tourist Residential (L/TR) and Conservation (C). section 3 That the Aspen Land Use Regulations are hereby amended by adding a new Section 5-510, which section reads as follows: " Sec. 5-510. Accessorv Dwellinq units. A. Standards. Accessory Dwelling units shall not be subject to the minimum lot area per dwelling unit requirements of Art. 5, Div. 2., but shall be subject to all other dimensional requirements of the underlying zone district. Parking shall not be required if the unit is a studio or one-bedroom unit, but one (1) parking space shall be provided on-site if the unit contains two (2) bedrooms and one (1) additional space shall be required for each additional two (2) bedrooms in the unit. The Accessory Dwelling unit shall contain not less than 300 square feet of net livable area and be located within or attached to a principal residence. It shall meet the housing designee's guidelines for such units, meet the definition of a Resident Occupied unit and be rented for periods of six months or longer. The owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit. B. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to 5 November 1, 1988, and which complies with the requirements of this section may be legalized as an Accessory Dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. C. GMQS/Replacement Housing Credits. Accessory Dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards of Sec. 8-109 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Art. 5, Div. 7, Replacement Housing Program." section 4 That Section 8-109 J, of the Aspen Land Use Regulations is hereby amended to read as follows: "J. Approval of the method by which the applicant proposes to provide affordable housing shall be at the option of the Aspen City Council, upon the recommendation of the Commiss- ion. In evaluating the applicant's proposal, the advice of the City's housing designee shall be sought in considering the following factors: 1. Whether the City has an adopted plan to develop affordable housing with monies received from payment of affordable housing dedication fees. 2. Whether the City has an adopted plan identifying the applicant's site as being appropriate for affordable housing. 3. Whether the applicant's site is well suited for the development of affordable housing, taking into account the availability of services, proximity to employment opportunities and whether the site is affected by environmental constraints to development or historic preservation concerns. 4. Whether the method proposed will result in employee housing being produced prior to or at the time the impacts of the development will be experienced by the community. 5. Whether the development itself requires the provision of affordable housing on-site to meet its service needs. 6 When the application shall be for residential development allotments, a minimum of twenty five percent (25%) of the total number of bedrooms built on the site on which allotments are requested shall be affordable housing, unless, pursuant to the above standards, it shall be determined that this amount of affordable housing cannot or should not be built on-site. For the purposes of this section, a studio shall be counted as a three-quarter (3/4) bedroom. If the Council shall not approve the applicant proposes to provide affordable shall be provided with direction as to methods would be preferable." method by which the housing, the applicant which other method or Section 5 That Art. 5, Div. 2, of the Aspen Land Use Regulations is hereby amended by adding to the minimum lot area per dwelling unit requirement in the Residential MUlti-Family (RMF), Commercial (C- 1), Office (0) and Lodge/Tourist Residential (L/TR) zone districts language which reads as follows: "For mUlti-family dwellings on a lot of 27,000 sq. ft. or less, when at least fifty percent (50%) of the units built on-site are restricted as affordable housing, the following sq. ft. requirements apply: studio: 500 1 bedroom: 600 2 bedroom: 1,000 3 bedroom: 1,500 units with more than 3 bedrooms: one (1) bedroom per 500 square feet of lot area. For multi-family dwellings on a lot of 27,000 sq. ft. or less, when one-hundred percent (100%) of the units built on-site are restricted as affordable housing, the following sq. ft. requirements apply: studio: 300 1 bedroom: 400 2 bedroom: 800 3 bedroom: 1,200 units with more than 3 bedrooms: one (1) bedroom per 400 square feet of lot area." section 6 That Art. 3 of the Aspen Land Use Regulations is hereby amended to repeal the existing definition of "Demolition" and to add language which reads as follows: 7 "DEMOLITION means to tear down completely, to do away with or to raze. Any partial removal of a structure which the Planning Director and Chief Building Official find has the effect of completely razing a unit, even while some portion or portions of it remain in place, shall be considered demolition. Renovation of a unit in place shall not be considered demolition. FREE MARKET UNIT means any dwelling unit which is not restricted to the housing size, type, income and occupancy guidelines or approval of the City Council and its housing designee or does not qualify as an Accessory Dwelling Unit or Resident Occupied Unit. NET LIVABLE AREA means the interior living area or rentable area, as defined by the housing designee and shall include private storage area. RESIDENT OCCUPIED UNIT means any dwelling unit which is limited, by deed restriction or other guarantee running with the land, to occupancy (but not to price or income limitations) by qualified employees in Pitkin County, meeting the guidelines or approval of the City Council's housing designee. When considering granting approval to an individual not meeting the guidelines as a qualified employee, the housing designee shall take into account the length of residence of the individual in the community and the place where he or she votes and pays personal income taxes." Section 7 That Art. 5, Div. 2, of the Aspen Land Use Regulations is hereby amended by adding "dormitory" to the permitted use list in the Residential Multi-Family (RMF) and Office (0) zone districts. Section 8 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended by deleting the term "Accessory dwelling units" from the conditional use list in the Neighborhood Commercial (NC) zone district and adding the term "free market dwelling units which are accessory to other permitted uses". Section 9 That the Aspen Land Use Regulations are hereby amended by adding a new subsection 7-1004 C.5, which subsection reads as follows: "5. Affordable Housinq. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Art. 5, Div. 7, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Art 8., Growth Management Quota System." 8 section 10 That subsection 7-1003 A.2.b. of the Aspen Land Use Regulations is hereby amended to read as follows: "No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district and the applicant commits that any lot for which development is proposed will contain an Accessory Dwelling unit. When there is demolition on the property which makes it subject to the provisions of Art. 5, Div. 7, Replacement Housing Program, the standards of that program shall supersede these requirements; and" section 11 That subsection 8-104 A.1.a. of the Aspen Land Use Regulations is hereby amended to read as follows: "a. Remodelinq. restoration. or reconstruction of existinq buildinq. (1) The remodel ing , restoration or reconstruction of an existing building which does not expand commercial or office floor area or create additional dwelling, hotel or lodge units or involve a change of use. No bandit unit shall be remodeled, restored or reconstructed unless it has first been legalized pursuant to Sec. 5- 510. To obtain approval to reconstruct demolished commercial or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly constructed space. (2) An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. The applicant shall verify, by a letter submitted to and approved by the Planning Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will be pursuant to the terms of this section. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City council for good cause. Any building which is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Sec. 5-703. (3) A structure included on the Inventory of Historic Structures which is neither an Historic Landmark nor 9 located within an Historic Overlay District may be removed from a property and relocated elsewhere within the City of Aspen and need not be demolished in order for its reconstruction on its original site to be exempted from the terms of this article, provided that the structure is designated as an Historic Landmark in its new location and all necessary development approvals are obtained from HPC and the Commission. (4) Replacement of demolished residential units shall be subject to the requirements of Art. 5, Div. 7, Replacement Housing Program." section 12 That the Aspen Land Use Regulations are hereby amended by adding a new subsection 8-104 B.1.d., which section reads as follows: "d. Accessorv Dwellinq units. The development of no more than one Accessory Dwelling unit per each dwelling unit on a parcel containing a detached residential unit or a duplex." Section 13 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended wi th regard to the external floor area ratio in the Residential MUlti-Family (R/MF) zone district to read as follows: "10. External floor area ratio (applies to conforming and nonconforming lots of record): DETACHED RESIDENTIAL DWELLINGS Lot Size (Sa.Ft. ) Allowable Sq.Ft.* 0- 3,000 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 6,000- 9,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq. ft. of floor area. 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 3,000- 6,000 9,000-15,000 3,660 sq. ft. of floor area plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 10 15,000-50,000 50,000+ Lot Size ( Sa . Ft. ) 0- 3,000 3,000- 6,000 6,000- 9,000 9,000-15,000 15,000-50,000 50,000+ * Total external floor dwellings on a lot of historic landmark shall duplex. MUlti-family: 1:1" 4,020 sq. ft. of floor area. 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq. ft. of floor area. 5,770 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. DUPLEX Allowable Sa.Ft.* 90 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,600 sq. ft. of floor area. 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,440 sq. ft. of floor area. 4,440 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,190 sq. ft. of floor area. 6,190 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. area ratio for two detached residential 6,000 sq. ft. or greater containing an not exceed the floor area allowed for one 11 section 14 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended with regard to the external floor area ratio in the Commercial Core (CC), Zone District to read as follows: "10. External floor area ratio (applies to conforming and nonconforming lots of record): DETACHED RESIDENTIAL DWELLINGS Lot Size (Sa.Ft. ) Allowable Sa. Ft. 0- 3,000 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 3,000- 6,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq. ft. of floor area. 6,000- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 9,000-15,000 3,660 sq. ft. of floor area plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,020 sq. ft. of floor area. 15,000-50,000 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq. ft. of floor area. 50,000+ 5,770 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. All uses other than detached residential dwellings: 1.5: 1; however, the 1.5:1 external floor area ratio may be increased to 2:1 by Special Review pursuant to Art. 7, Div.4." Section 15 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended with regard to the external floor area ratio in the 12 commercial (C-l) , Zone District to read as follows: "10. External floor area ratio (applies to conforming and nonconforming lots of record): DETACHED RESIDENTIAL DWELLINGS Lot Size (Sa.Ft. ) Allowable Sa. Ft. 0- 3,000 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 3,000- 6,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq. ft. of floor area. 6,000- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 9,000-15,000 3,660 sq. ft. of floor area plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,020 sq. ft. of floor area. 15,000-50,000 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq. ft. of floor area. 50,000+ 5,770 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. DUPLEX Lot Size (Sq. Ft. ) Allowable Sq. Ft. 0- 3,000 90 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 3,000- 6,000 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,600 sq. ft. of floor area. 13 6,000- 9,000 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 9,000-15,000 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,440 sq. ft. of floor area. 15,000-50,000 4,440 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,190 sq. ft. of floor area. 50,000+ 6,190 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. All uses other than detached residential and duplex dwellings: 1:1; however, the 1:1 external floor area ratio may be increased to 1.5:1 by special Review pursuant to Art. 7, Div. 4." section 16 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended with regard to the external floor area ratio in the Office (0) Zone District to read as follows: "10. External floor area ratio (applies to conforming and nonconforming lots of record): DETACHED RESIDENTIAL DWELLINGS Lot Size (Sq.Ft. ) Allowable Sq. Ft. 0- 3,000 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 3,000- 6,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq. ft. of floor area. 6,000- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 14 9,000-15,000 3,660 sq. ft. of floor area plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,020 sq. ft. of floor area. 15,000-50,000 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq. ft. of floor area. 50,000+ 5,770 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. DUPLEX Lot Size (Sa. Ft. ) Allowable Sa. Ft. 0- 3,000 90 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 3,000- 6,000 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,600 sq. ft. of floor area. 6,000- 9,000 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 9,000-15,000 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,440 sq. ft. of floor area. 15,000-50,000 4,440 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,190 sq. ft. of floor area. 6,190 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. 50,000+ All uses other than detached residential and duplex dwellings: 0.75:1; however, the 0.75:1 external floor area ratio may be increased to 1:1 by Special Review pursuant to Art. 7, Div. 4." section 17 15 That Art. 5, Div. 2 of the Aspen Land Use Regulations is hereby amended with regard to the external floor area ratio in the Lodge/Tourist Residential (L/TR) zone district to read as follows: "10. External floor area ratio (applies to conforming and nonconforming lots of record): DETACHED RESIDENTIAL DWELLINGS Lot Size (Sa. Ft. ) Allowable Sq. Ft. 0- 3,000 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 3,000- 6,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq. ft. of floor area. 6,000- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 9,000-15,000 3,660 sq. ft. of floor area plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,020 sq. ft. of floor area. 15,000-50,000 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq. ft. of floor area. 50,000+ 5,770 sq.ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. DUPLEX Lot Size (Sq. Ft. ) Allowable Sa. Ft. 0- 3,000 90 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,700 sq.ft. of floor area. 3,000- 6,000 2,700 sq. ft. of floor area, plus 30 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,600 sq. ft. of floor area. 6,000- 9,000 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 9,000-15,000 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,440 sq. ft. of floor area. 15,000-50,000 4,440 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,190 sq. ft. of floor area. 50,000+ 6,190 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. All other uses: 1:1." section 18 That the Planning Director and the Chief Building Official are hereby directed to waive all land use application and building permit fees for developments which constitute one hundred percent (100%) affordable housing or for any new Accessory Dwelling unit or legalized bandit unit. section 19 That any project which received exemption from the terms of Ordinance 31, Series of 1988, is hereby granted a period of one (1) year from the effective date of this Ordinance to obtain a building permit, during which time it shall not be subject to the provisions of this Ordinance. section 20 That the date for submission of residential GMQS applications for 1988 only, previously established by Ordinance 31, Series of 1988, as May 1, 1989, is hereby changed to May 15, 1989. section 21 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or 17 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 22 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 23 clf--f.....; A public hearing on the Ordinance shall be held on the / I of LlC~C.A}L-l,-.c_L' , 1988, at 5:00 P.M. in the city council day Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by .:.J S;. 'I-'^-/ the City Council of the city of Aspen on the "--j'Lmt...J2l1<-tJ.J<-V , 1988. day of ~.~~ William L. stfrling, M or ATTEST: ~) xi4-u- Kathn . S. F.:och, City Clerk FINALLY, /1", rl ~ JC--(;v'L-LC tL ~l {I adopted, passed and approved this / ,3C/-.tL~ day of , 198~. ~~Yor ATTEST: 18 affordablehsngregsamend 19