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HomeMy WebLinkAboutordinance.council.024-89 ORDINANCE NO. 24 (SERIES OF 1989) AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2 OF THE ASPEN MUNICIPAL CODE TO CREATE A NEW SECTION 5-207, RESIDENTIAL/MULTI-FAMILY (R/MFA) ZONE DISTRICT WHEREAS, the Centennial/Hunter Creek/Lone pine area was annexed to the City of Aspen on March 24, 1989; and WHEREAS, the Planning Office held a neighborhood meeting with residents of the centennial/Hunter Creek/Lone pine area to receive input regarding zoning of the area; and WHEREAS, the Planning and Zoning Commission and staff recognize that the existing R/MF zone district is inappropriate for this area because of excessive FAR; and WHEREAS, the Planning and Zoning Commission held duly noticed public hearings on February 21, 1989, to consider zoning of the Lone Pine area and April 25, 1989, to consider zoning of the Centennial/Hunter Creek area; and WHEREAS, the Planning and Zoning Commission considered the creation of the R/MFA Zone District which addresses concerns about FAR; and WHEREAS, the City council, having considered the recommendation of the Planning and Zoning Commission wishes to create a new Section 5-207 of the Aspen Land Use RegUlations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO Section 1 That Article 5, Division 2 of the Aspen Land Use Regulations be amended by the creation of a new Section 5-207, Residential/Multi-Family (R/MFA) which shall read as follows, and the renumbering of all subsequent sections in this Division accordingly: Sec. 5-207 Residential/Multi-Familv (R/MFA). A. PurDose. The purpose of the Residential/Multi-Family (R/MF) Zone District is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institu- tional uses customarily found in proximity to residen- tial uses are included as conditional uses. Lands in the Residential/Multi-Family (R/MF(A)) Zone District are typically newly annexed areas, within walking distance of the center of the City, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi-Family (R/MF(A)) Zone District. 1. Detached residential dwelling; 2. MUlti-family dwellings; 3. Home occupations; 4. Accessory buildings and uses; and 5. Dormitory. C. Conditional uses. The following uses are permitted as conditional uses in the Residential/Multi-Family (R/MF(A)) Zone District, subject to the standards and procedures established in Art. 7, Div. 3. 1. Open use recreation site; 2. Public and private academic school; 3. Church; 4 . Group home; 5. Day care center; 6. Satellite dish antennae; and 7. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an Accessory Dwelling Unit shall be provided for each unit. 2 D. Dimensional reauirements. The following dimensional requirements shall apply to all permitted and condi- tional uses in the Residential/Multi-Family (R/MFA) Zone District. 1. Minimum lot size (sq.ft.): 27,001 2. Minimum lot area per dwelling unit (sq.ft.): Detached residential dwelling: 6,000 Duplex: 3,000 For multi-family dwellings on lot between 6,000 and 9,000 sq.ft., the following requirements apply: studio: 1,000 1 bedroom: 1,200 2 bedroom: 2,000 3 bedroom: 3,000 units with more than 3 bedrooms: one (1) bedroom per one thousand (1,000) square feet of lot area. For mUlti-family dwellings on lot of more than 9,000 sq.ft., the following requirements apply: studio: 1,000 1 bedroom: 1,250 2 bedroom: 2,100 3 bedroom: 3,630 Units with more than 3 bedrooms: one (1) bedroom per one thousand (1,000) square feet of lot area. 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. 3 Bed and breakfast, boardinghouse: no requirement. 3. Minimum lot width (ft.): 60 4. Minimum front yard (ft.): principal building: 10 accessory building: 15 5. Minimum side yard (ft.): The following side yard requirements apply to detached residential and duplex dwellings only: Lot Size (sq.ft) Minimum Size for each side yard ( ft. ) Total of both side yards ( ft. ) 0-4500 5 10 ft. 4500-6000 5 10 ft., plus 1 foot for each additional 300 sq. ft. of lot area, to a maximum of 15 feet of total side yard. 6000+ 5 15 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 20 feet of total side yard. The minimum side yard for mUlti-family dwellings shall be 5 feet. 6. Minimum rear yard (ft.): principal building: 10 accessory building: 5 7. Maximum height (ft.): 25 8. Minimum distance between buildings on the lot ( ft . ): 10 9. Percent of open space required for building site: 35 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 4 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 addi- tional 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 addi- tional 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 addi- tional 100 sq. ft. in lot area. DUPLEX Lot Size (Sa. 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 addi- tional 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. 5 9,000-15,000 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for each addi- tional 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 addi- tional 100 sq. ft. in lot area. * Total external floor area ratio for two detached residential dwellings on a lot of 6,000 sq. ft. or greater containing an historic landmark shall not exceed the floor area allowed for one duplex. MULTI-FAMILY Applicant's are discouraged from proposing to subdivide to take advantage of the FAR which applies to smaller lots. 0-27,000 s.f Allowable Sa. Ft. 1:1 Lot Size 27,000 s.f- 3 acres .36:1 over 3 acres .33:1 11. Internal floor area ratio: no requirement E. Off-street parkina reauirement. The following off-street parking spaces shall be provided for each use in the Residential/Multi-Family (R/MF(A)) Zone District, subject to the provisions of Art. 5, Di v. 3. 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Art. 7 , Di v . 4, for historic landmarks only. 2. Lodge uses: requires special review pursuant to Art. 7, Div. 4. 3. All other uses: Requires Special Review pursuant to Art. 7, Div. 4. 6 section 2. 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 3. 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 4. A public hearing day of C)~ Chambers, Aspen City ~ on the Ordinance shall be held on the /~ , 1989, at 5:00 P.M. in the City Council 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 the City Council of the City of Aspen on the ~ day of ~7 , 1989. ~~./~~ 7 ATTEST: k~l~~ Kathryn S Koch, City Clerk of FINALLY, adopted, ~ t7 , 1989. william L. stirling, Mayor /~9LJ passed and approved this ATTEST: annex.cen.hc.lp.ord.rmfa day ~ / ,p ~~~/ William L. Stirl~ng, 8