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HomeMy WebLinkAboutordinance.council.011-82 RECORD OF PROCEEDINGS ~'00 Leaves ORDINANCE NO. II (Series of 1~-~-~) AN ORDINANCE AMENDING SECTIONS 24-3 AND 24-13 OF THE ASPEN MUNICI~'' PAL CODE BY AMENDING THE DEFINITIONS OF BASEMENT, SUBBASEMENT, SUBGRADE AND THE SUPPLEMENTARY REGULATION FOR MEASURING FLOOR AREA FOR FLOOR AREA CALCULATIONS; AND FURTHER AMENDING AREA AND BULK REQUIREMENTS TO INCLUDE MAXIMUM ALLOWABLE FLOOR AREAS FOR SINGLE- FAMILY AND DUPLEX STRUCTURES IN THE R-6, R-15, R-30, R-40 AND R-MF ZONE DISTRICTS WHEREAS, as a result of recent construction of single-family and duplex residences in Aspen with excessive area and bulk, num- erous residents of the R-MF neighborhood located at the base of Shadow Mountain did petition the Aspen City Council to place limi- tations on the construction of such residences, and WHEREAS, in response to citizen-initiated petition, the Aspen City Council did adopt Ordinance No. 50, Series of 1981, on August 24, 1981, imposing a three (3) month temporary moratorium on the construction and/or expansion of all buildings within the R-MF zone district within the City of Aspen, and WHEREAS, the City Council did instruct the Planning Office to review and research the area and bulk issue and to recommend an appropriate solution to the problem, and WHEREAS, on November 24, 1981, the Aspen City Council did adopt Ordinance No. 80, Series of 1981, extending the moratorium on the construction and/or expansion of all buildings in:the R-MF zone district for a period of one month to provide the Planning and Zoning Commission and the Planning Office additional time to thoroughly review this problem and propose an adequate solution, and WHEREAS, the Planning' Office and the Planning and Zoning Com- mission did thoroughly review 'the problem of the construction of residences with excessive area and'bulk and did find that the pro- blem is not confined to the R-MF zone district, but instead is equally of concern in all residential zone districts, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, on November 24, 1981, at a special meeting of the Planning and Zoning Commission, the Planning Office did present several alternative approaches to control excessive area and bulk in the City's residential districts, including: 1) floor area ratios based on zone district, 2) volume ratios based on zone district, 3) floor area ratios based on lot size with a maximum upset limit, and 4) "sliding scale" floor area limitations based on lot size, and WHEREAS, the Planning Office and the Planning and Zoning Com- mission did after evaluating numerous approaches proposed for dealing with the area and bulk problems, did find that area and bulk is not a function of zone district but is more appropriately a function of lot size, regardless of where a structure is located, and WHEREAS, the Planning Commission did find at the November 24, 1981, meeting that the "sliding scale" area and bulk approach based on lot size to be the most effective method of limiting floor area for the following reasons: 1. The "sliding scale" approach realistically deals with the problem of substandard lots. 2. The "sliding scale" method deals more equitably with the great range of lot sizes found within each zone district than does a separate floor area ratio for each dis- trict. 3. The "sliding scale" approach appropriately assumes that allowable building floor area for single-family and duplex units is a function of lot size. Therefore, the requirement is uniform across the City, works irrespec- tive of zone districts, and does not penalize an appli- cant because of where he owns property. 4. The standards provide a mechanism for increasing the allowable floor area in 100 square foot increments of 2 RECORD OF PROCEEDINGS 100 Leaves lot size and reflect a maximum desirable floor area for each lot size range. As a lot size increases, so does the ability to accommodate a larger structure up to a pre-determined limit. 5. The method is easy to explain and administer and can be readily applied at an applicant's request, and WHEREAS, at a regular meeting on December 8, 1981, the Plan- ning and Zoning Commission did hold a public hearing to consider the standards incorporated in the "sliding scale" area and bulk control approach and did instruct the Planning Office to develop a more permissive set of standards to compare to the standards which were initially considered at this meeting, and WHEREAS, at a special meeting on December 15, the Planning and Zoning Commission toured approximately fifty-three (53) single-family and duplex structures in various residential zone districts throughout the City of Aspen to evaluate the applica- bility of the two proposed sets of standards, and WHEREAS, at the conclusion of the tour, the Planning and Zon- ing Commission did reconsider both the Planning Office's original recommendation and the second more permissive set of standards and did find that the original standards did provide the more appli- cable limitation consistent with acceptable area and bulk in Aspen's neighborhoods, and WHEREAS, in the absence of any information or testimony show- ing the existing 1:1 floor area ratio in the R-MF zone district to be inappropriate, the Planning and Zoning Con~ission did determine that the 1:1 ratio for multi-family structures is not excessive but is an appropriate limitation, and WHEREAS, no open space requirement exists in the R-MF zone district, the Planning and Zoning Commission did determine that existing setbacks have been shown to be insufficient in limiting lot coverage for multi-family structures in the R-MF zone district 3 RECORD OF PROCEEDINGS 100 Leaves and did recommend an open space requirement in order to restrict the possibility of setback to setback residential development for multi-family structures, and WHEREAS, the existing height limitation is 28 feet in the R-MF zone district and 25 feet in the R-6, R-15, R-30 and R-40 zone districts, and WHEREAS, since the Planning and Zoning C'~mmission did find that it is appropriate to have a uniform height restriction throughout all residential zone districts, the Commission did, therefore, recommend the height restriction in the R-MF district be reduced from 28 to 25 feet, and WHEREAS, the Planning Office did further recommend and the Planning and Zoning Commission did consider various additional changes to the zoning regulations to clarify the definition of continuous open space, basement and subgrade, and to clarify the methodology for measuring floor area, and WHEREAS, at the conclusion of the December 15, 1981, meeting the Planning and Zoning Commission did elect to sponsor changes to the Aspen zoning regulations for the purposes of imposing allow- able floor areas on all single-family and duplex construction in all R-6, R-15, R-30, R-40 and R-MF zones in the City of Aspen, and WHEREAS, the Planning and Zoning Commission did adopt Resolu- tion No. 81-18, Series of 1981, on December 22, 1981, recommending such changes and establishing such allowable floor areas, and WHEREAS, the City Council did hold an informal work session on January 25, 1982, in order to consider various area and bulk control approaches initially presented to the Planning and Zoning Commission including the "sliding scale" approach, and WHEREAS, the City Council did on March 1, 1982, tour the fifty-three (53) single-family and duplex structures toured by the Planning and Zoning Commission in order to evaluate the applica- bility of various limitations and afterwards did hold a study 4 RECORD OF PROCEEDINGS 100 Leaves session to consider the recommendations of the Planning and Zoning Commission and the Planning Office, and WHEREAS, the City Council did further consider the recommend- ations of the Planning Office and the Planning and Zoning Commis- sion at a regularly scheduled Council meeting on March 22, 1982, and did elect to establish more permissive limitations than those recommended by the Commission in Resolution No. 81-18 or those recommended by the Planning Office, and WHEREAS, the City Council does wish to amend Section 24 of the Aspen Municipal Code entitled "Zoning" in order to establish allowable floor areas for single-family and duplex construction in all residential zone districts and to further amend the Code to clarify the implementation of these limitations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3.1(b) be repealed and reenacted to read as follows: "(b) Basement: That area of a structure fifty (50) percent or more of which is below existing grade, subordinate to the principal use of the building, and used for parking, storage, and other secondary purposes. Those areas beneath a basement shall be designated subbasement(s). For the purpose of calculating floor area ratio and allowable floor area, basements and subbasements constructed in conjunction with single-family or duplex structure in any zone district are not required to be subordinate to the principal use of the building." Section 2 That Section 24-3.1(ee) be repealed and reenacted to read as follows: "(ee) Sub~rade: Any story of a structure which is one hun- dred (100) percent below existing grade, subordinate to the principal use of the building, and used for park- ing, storage and other secondary purposes. For the purpose of calculating floor area ratio and allowable floor area, subgrade space constructed in conjunction with single-family or duplex structures in any zone 5 RECORD OF PROCEEDINGS 100 Leaves district are not required to be subordinate to the prin- cipal uses of the building." Section 3 That Section 24-3.7(d)(4) regarding the continuous aspect of the open space requirements be and hereby is repealed. Section 4 That Section 24-3.7(e) be repealed and reenacted to read as follows: "(e) Measuring floor area for floor area ratio and allowable floor area. (1) In measuring floor area for the purpose of calcu- lating floor area ratio and allowable floor area, there shall be included that area within the sur- rounding exterior walls (measured from their ex- terior surface) of a building or portion thereof, exclusive of vent shafts and courts. The width of the exterior walls greater than 6" may be sub- tracted from the floor area if the additional width of the wall is used specifically for energy conser- vation purposes as determined by the Building Department. The calculation of floor area of a building or a portion thereof shall include above grade decks, stairways, balconies and any area under a horizontal projection of a roof or balcony even though those areas are not surrounded by ex- terior walls, when such areas are necessary for the function of the building. For the purpose of calculating floor area ratio and allowable floor area, above grade decks and balcon- ies shall be considered necessary for the function of a building if used for required access, if the principal use of the building is non-residential. Above grade decks and balconies constructed in con- junction with a building or portion thereof whose principal use is residential shall not be con- sidered necessary for the function of the building provided, however, the area of such features is less than or equal to fifteen (15) percent of the maximum allowable floor area. All area included in a balcony or above grade deck which is greater than fifteen (15) percent of the building's maximum allowable floor area shall be included as part of the floor area calculation. (2) For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, garages and carports shall be excluded up to a maximum area of six hundred (600) square feet per dwelling unit; all garage or carport space in excess of six hun- dred (600) square feet per dwelling unit shall be included as part of the residential floor area cal- culation. 6 RECORD OF PROCEEDINGS 100 Leaves 3) For the purpose of calculating floor area ratio and allowable floor area, parking areas and those sub- grade and subbasement areas not in conformance with the minimum requirements for natural light,' ventilation, and emergency exit for the applicable occupancy group shall be excluded from floor area calculations in all zone districts. Basement areas and those subgrade and subbasement areas meeting the minimum requirements for natural light, venti~ lation and emergency exit for the applicable occu- pancy group shall be included in floor area calcu? lations provided that subgrade and subbasement space in single family and duplex structures con- structed in any zone district shall not be included in floor area calculations. (4) Areas dedicated to mechanical operation of build- ings shall be excluded from floor area calculations in all districts. In CC and C-1 zone districts covered utility/trash areas shall be excluded from floor area calculation. (5) For Planned Unit Development applications in the R-6, R-15, R-30, R-40 and R-MF zone districts, the · allowable floor area shall be calculated by deter- mining the square footage of the entire land owner- ship, excluding existing rights-of-way and ease- ments, and dividing by the total number of dwelling units existing and proposed for development. The resulting square footage of land shall be used to determine the overall average of allowable floor area according to the provisions of 24-3.4 and 24- 3.7(d). In areas designated mandatory Planned Unit. Development of the Zoning District Map, except for previously subdivided lots of record, the square footage of the entire land ownership shall first be reduced according to the provisions of Section 24- 8.18 of the Zoning Code. The reduced square foot- age of land shall then be divided by the total num- ber of dwelling units existing and proposed for development and the resulting square footage of land shall be used to determine the overall average. of allowable floor area for the entire development as provided for in this Section 24-3.7(d)(3)." Section 5 That Section 24-3.7(d)(5) through Section 24-3.7(d)(9), in- clusively and consecutively, be renumbered Section 24-3.7(d)(4) through Section 24-3.7(d)(8), inclusively and consecutively. Section 6 That Section 24-3.4, item 7 under the R-MF zone district regarding maximum height which reads "28" be repealed and re- enacted to read "25". 7 RECORD OF PROCEEDINGS 100 Leaves Section 7 That Section 24-3.4, item 9 under the R-MF zone district regarding open space which reads "no requirement", be repealed and reenacted to read "35". Section 8 That Section 24-3.4, item 10, be amended by the addition to the area and bulk requirements the following allowable floor areas in the R-6, R-15, R-30, R-40 and R-MF zone districts: Lot Size Standard Allowable Sq. Ft. Single-family Structures 0 3,000 80 sq. ft. for each additional 100 sq. ft. in lot area 0 - 2,400 3,001 9,000 28 sq. ft. for each ~dditional 100 sq. ft. in lot area 2,400 - 4,080 9,001 15,000 7 sq. ft. for each additional 100 sq. ft. in lot area 4,080 4~500 15,001 - 50,000 6 sq. ft. for each additional 100 sq. ft. in lot area 4,500 6,500 50,000+ 2 sq. ft. for each additional 100 sq. ft. in lot area 6,500+ Duplex Structures 0 - 3,000 90 sq. ft. for each additional 100 sq. ft. in lot area 0 - 2,700 3,001 - 9,000 30 sq. ft. for each additional 100 sq. ft. in lot area 2,700 - 4,500 9,001 - 15,000 7 sq. ft. for each additional 100 sq. ft. in lot area 4,500 - 4,920 15,001 50,000 6 sq. ft. for each additional 100 sq. ft. in lot area 4,920 - 7,020 50,000+ 3 sq. ft. for each additional 100 sq. ft. in lot area 7,020+ Section 9 That Section 24-13.3[a) be repealed and reenacted to read as follows: 8 RECORD OF PROCEEDINGS 100 Leaves "(a) NO such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. The above notwithstanding, single-family and duplex structures which have been individually historically designated pursuant to Sec- tions 24-9.4, 24-9.5, 24-9.6 and 24-9.7 of the Municipal Code and which are nonconforming ~th respect to allowable floor area, may be enlarged, pr6vided, how- ever, such enlargement does not exceed the floor area of the existing structure as of the effective date of this ordinance by more than five hundred (500) square feet and also complies with all other area and bulk require- ments of the Code." Section 10 That Section 24-13.5 be amended by the addition of a new Section (c) to read as follows: "(c) For residential structures in the R-6, R-15, R-30, R-40 and R-MF zone districts nonconforming in regard to the allowable floor area per dwelling for the entire land ownership and restoration and repairs may be made with- out regard to cost." Section 11 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 12 A public hearing on the ordinance shall be held on the day of /~ , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 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 , 1982 9 RECORD OF PROCEEDINGS 100 Leaves ATTEST: Kat~yn S. 'Koch, City C~ery FINALLY adopted, passed and approved the ~ *~ day of /~/~' , ~8~. Herman Ed~, ATTEST: Ka~ryn S'. K~)ch, Ciyy~e~Z 10