HomeMy WebLinkAboutordinance.council.054-03ORDINANCE NO. 54
(SERIES OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF ]'HE CITY
OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
IMPLEMENTING A TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM:
26.104.100 - DEFINITIONS: 26.208.010 - CITY COUNCIL POWERS AND DUTIES;
26.219(B) - COMMUNITY DEVELOPMENT DIRECTOR JURISDICTION,
AUTHORITY. AND DUTIES; 26.535 - TRANSFERABLE DEVELOPMENT RIGHTS:
26.710.040 - MEDIUM-DENSITY RESIDENTIAL (R-6) ZONE DISTRICT; 26.710.050 -
MODERATE-DENSITY RESIDENTIAL (R-15) ZONE DISTRICT: 26.710.060 -
MODERATE-DENSITY RESIDENTIAL (R-15A) ZONE DISTRICT; 26.710.070 -
MODERATE-DENSITY RESIDENTIAL (R-15B) ZONE DISTRICT; 26.710.080 - LOW-
DENSITY RESIDENTIAL (R-30) ZONE DISTRICT.
WHEREAS. the City Council and the Planning and Zoning Commission of the City of
Aspen directed the Director of the Community Development Department to propose amendments
to the Land Use Code related to the Infill Report, a report developed by a city-commissioned
advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212: and.
WHEREAS, the purpose of the Transferable Developmem Rights Program is to
implement many of the action items identified in the 2000 Aspen Area Community Plan, Barriers
to Infii1 Development (a report commissioned by the City of Aspen in 2000), recommendations
of the Infill Report (a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the CiTy of
Aspen, the Aspen Chamber Resort Association, and the Aspen Institute Community Forum
concluded in September. 2002) that call for incentives for the preservation of historic landmarks
and the creation of a development environment in which private sector motivation is leveraged to
address community goals; and.
WHEREAS. the amendments requested relate to the following Chapters and Sections of
the Land Use Code, Title 26 of the Aspen Municipal Code:
26.104.100 - Definitions page 2
26.208.010 - City Cmmcil Powers and Duties page 3
26.210(B) - Conununitv Development Director Jurisdiction, Authority, and Duties. page 4
26.535 - Transferable Development Rights page 7
Ninety-day delay on TDR effective date
26.710.040 - Medium-Density Residential (R-6) Zone District
26.710.050 - Moderate-Density Residential (R- 15) Zone District
26.710.060 - Moderate-Density Residential (R- 15A) Zone District
26.710.070 - Moderate-Density Residential (R- 15B) Zone District
26.710.080 - Low-Density Residential (R-30) Zone District
; and,
page 14
page 15
page 19
page 21
page 24
page 25
Ordinance No. 54 Page 1
Series of 2003.
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Plamaing and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
i, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
proposed amendments to the land use code by amending the text o£the above noted Chapters and
Sections of the Land Use Code, as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meets or exceeds all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.104.100, Definitions, which section describes the meaning of terms used in
the Land Use Code, shall include the additional following terms and definitions:
Arts, Cultural, and Civic Uses: The use of land or buildings by non-profit, arts,
cultural, religious, or public organizations such as a church, fraternal club, performing
arts theater, library, museum, hospital, and other similar purposes.
Ordinance No. 54 Page 2
Series of 2003.
Academic Uses: The use of land or buildings for educational activities with attendant
research, housing, administration, and public venues. Academic Uses may include public
or private school, university, teaching hospital, research facility, testing laboratory,
library, auditorium, administrative offices, faculty housing, student housing, or similar
uses.
Agricultural Uses: The use of land and buildings for the production of crops, animals,
animal products, and the keeping of livestock including riding stables, arenas, orchards,
nurseries, flower production, dairy operations, fisheries, animal husbandry services, or
similar uses. Agricultural uses shall not receive the general public or support a
membership or academic club.
Recreational Uses: The use of land or buildings for recreational uses such as park,
playground, play field, golf course, skate board park, or similar uses.
Yard. The grounds surrounding a building on the same lot or parcel which are
unoccupied and unobstructed above and below ground, except for trees and vegetation, or
as otherwise permitted in this Title. (See, Supplementary Regulations - Section
26.575.040, Yards. See also, "Setbacks".)
Section 2:
Section 26.208.010, Powers and Duties, which Chapter describes the powers and duties of the
City Council, shall read as follows:
26.208.010 Powers and duties.
In addition to any authority granted by state law or the Municipal Code of the City of Aspen,
Colorado, the City Council shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review, and adopt amendments to the text of this Title after recommendation
by the commission, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310;
D. To hear, review, and adopt amendments to the official zone district map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter
26.310;
To hear, review, and adopt a conceptual development plan and a final development
plan for specially planned areas (SPA), after recommendations of the Planning and
Zoning Commission, pursuant to Chapter 26.440;
To hear, review, and adopt a conceptual development plan and a final development
plan for a planned unit development (PUD), pursuant to Chapter 26.445;
Ordinance No. 54 Page 3
Series of 2003.
To hear. review, and designate H, Historic Overlay Districts and historic landmarks,
after recommendation from the Planning and Zoning Commission and the Historic
Preservation Commission, pursuant to Chapter 26.420:
To review appeals from decisions of the Historic Preservation Commission
approving, conditionally approving or disapproving a development application for
development or demolition of a historic landmark or a development application for
development or demolition in a H, Historic Overlay District pursuant to Chapter
26.415;
To adopt historic district and historic landmark development guidelines and to ratify
the Historic Preservation Commission evaluation of the inventory of historic
structures pursuant to Chapter 26.415:
To hear appeals from decisions of decision-making bodies as enabled in each Chapter
of this Title.
To approve development applications and grant development allotments as required
by Chapter 26.470, Growth Management Quota System;
To hear appeals from interpretations made by the planning director regarding the text
of this Title and the boundaries of the official zone district map, pursuant to Chapter
26.306;
To hear. review, and approve, approve with conditions, or disapprove a plat for
subdivision, after recommendation from the Planning and Zoning Commission
pursuant to Chapter 26.480:
To determine if a development proposal is reasonably necessary for the convenience
and welfare of the public, pursuant to Section 26.500.040, and thereafter review such
proposal in accordance with Section 26.500.050(B).
To create a Transferable Development Right in accordance with Chapter 26.535.
To take such other actions not delegated to the Planning and Zoning Commission, the
Historic Preservation Commission. the Board of Adjustment, or the Director of the
Community Development Department. as the City Council may deem desirable and
necessary to implement the provisions of this Title.
Section 3:
Section 26.210(B)~ Jurisdiction, Authority, and Duties, which Chapter describes the jurisdiction,
authority, and duties of the Community Development Director, shall read as follows:
B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of the Municipal Code of the City of Aspen, Colorado, the Community Development
Department Director shall have the following jurisdiction, authority and duties:
Ordinance No. 54 Page 4
Series of 2003.
To serve as staff to the City Council. to provide such body with planning and teclmical
assistance and to inform such body of ail facts and information available with respect to
developmenr applications or any other matters brought before it'
To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before it;
1'o serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before it
and to inform such body regarding historic preservation items being heard by other city
boards in advance of those hearings;
To serve as staff to the Board of Adjustment and other decision making bodies
established by this Title and to inform such bodies of alt facts and information available
with respect to development applications or any other matters brought before it;
5. To render interpretations of this Title or the boundaries of the official zone district map
pursuant to Chapter 26.306;
6. To enforce any provision of this Title or any other provision of the Municipal Code of the
City of Aspen related to this Title;
7. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
8. To exempt development within a H. Historic Overlay District in accordance with Chapter
26.415;
9. To approve minor modifications to a development order for development or demolition
within a H, Historic Overlay District in accordance with Chapter 26.415:
10. To exempt development in an environmentally sensitive area (ESA5 in accordance with
Chapter 26.435;
11. To exempt development which is subject to special review in accordance with Chapter
26.430:
12.
13.
To approve, approve with conditions, or deny development subject to GMQS
achninistrative approval in accordance with Chapter 26.470;
To approve development subject to Subdivision administrative approval in accordance
with Chapter 26.480;
13. To undertake all other general comprehensive planning responsibilities;
14. To initiate amendments to the text of this Title or to the Official Zone District Map,
pursuant to Section 26.310;
Ordinance No. 54 Page 5
Series of 2003.
15. To administer the land use application fee policy, bill applicants accordingly to said
policy, to take such actions deemed necessary in withholding development orders or
issuing stop work orders upon nonpayment of review fees. and to waive any fees. or
portions thereof, upon request according to said policy;
16. To approve, approve with conditions, or deny development subject to Chapter 26.520 -
Accessory Dwelling Units and Carriage Houses; and,
17. To extinguish a Transferable Development Right in accordance with Chapter 26.535.
Ordinance No. 54 Page 6
Series of 2003.
Section 4:
Chapter 26.535, Transferable Development Rights, which ChaPter shall authorize and
regulate the partition and transfer of development rights from their associated parcels and
connection to different parcels, shall read as follows:
Sections:
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
26.535.010
26.535.020
26.535.030
26.535.040
26.535.050
26.535.060
26.535.070
26.535.080
26.535.090
26.535.100
Purpose
Terminology
Applicability and Prohibitions
Authority
Procedure for Establishing a Historic TDR Certificate.
Procedure for Extinguishing a Historic TDR Certificate.
Review Criteria for Establishment of a Historic TDR.
Review Criteria for Extinguishment of a Historic TDR.
Application Materials.
Appeals
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks, those
properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, within the
City of Aspen by permitting those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-historic
property within the City of Aspen. The program enables standard market forces, and the demand
for residential Floor Area, to accomplish a community goal of preserving Aspen's heritage as
reflected in its built environment.
26.535.020 Terminology.
Historic Transferable Development 'Right Certificate (Historic TDR Certificate): An
irrevocable assignable property right ~vhich allows a certain amount of development,
which may be conveyed separate from the property in which it has historically been
associated (the Sending Site), and which may be used to increase development rights on
' another property (the Receiver Site). TDR Certificates shall require execution by the
Mayor of the City of Aspen, pursuant to a validly adopted Ordinance.
Ordinance No. 54 Page 7
series of 2003.
"Sending Site:" The designated Historic Landmark property being preserved by reducing its
alloxvable Floor Area in exchange for the City establishing and issuing a Historic TDR
Certificate.
"Receiver Site:" A property on which developments rights are increased in exchange for the
City extinguishing a Historic TDR Certificate held by the developer of the property.
Receiver sites are also referred to as "landing sites."
Establishment ofa TDR: The process of creating a Historic TDR Certificate in exchange for
a property owner lessening the allowable development on a historic property (the Sending
Site) through a permanent deed restriction.
Extinguishment of a TDR: The process of increasing the allowable development on a
property (the Receiver Site), as permitted in the zone district, through the redemption ora
Historic TDR Certificate.
26.535.030 Applicability and Prohibitions.
This Chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known
as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate,
known as Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the
city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if
and as may be permitted by the Pitkin County Land Use Code. Pitkin County TDRs are not
eligible for extinguishment within the City of Aspen.
Sending Sites shall include ali properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, in which the development of a single-family or duplex home is a permitted use,
according to Chapter 26.710, Zone Districts. Properties on which such development is a
conditional use shall not be eligible. Sending Sites may also be established through adoption of a
Final PUD Development Plan, pursuant to Chapter 26.445.
Sending sites shall remain eligible for ail benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR in Chapter 26.710, Zone Districts, not
including any property designated as a Historic Landmark. A property may also be designated as
a Receiving Site through adoption of a Final PUD Development Plan, pursuant to Chapter
26.445.
The allowable development for extinguishment of a Historic TDR Certificate varies depending
upon the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone
Districts, describes the development allowance for each Historic TDR Certificate extinguished.
Ordinance No. 54 Page 8
Series of 2003.
A Historic 'TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the City shall re-issue the certificate acknowledging the new owner. Re-issuance shall
not require re-adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe-keeping, distribution, recordation,
control, and extinguishments.
26.535.040 Authority.
The City Council, in accordance with the procedures, standards, and limitations of this Chapter
and of Common Development Review Procedures, Section 26.304, shall approve or disapprove,
pursuant to adoption of an ordinance, a land use application for the establishment of Historic
Transferable Development Rights. The Mayor of the City of Aspen, in accordance with the
procedures, standards, and limitations of this Chapter and of Common Development Review
Procedures, Section 26.304, shall validate and issue Historic TDR Certificates, pursuant to a
validly adopted ordinance.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall approve or disapprove a land use application for the extinguishment of Historic
Transferable Development Rights.
26.535.050 Procedure for Establishing a Historic Transferable Development Right
Certificate.
The following steps are necessary for the issuance of a City of Aspen Historic Transferable
Development Right Certificate
Pre-application Conference. Property owners interested in the City's Historic TDR program
are encouraged to meet with a member of the Community Development Department to clarify the
process, benefits, and limitations of the program.
Owner confirmation.
An application for the issufince of a Historic TDR Certificate shall ohly be accepted by the City
upon submission of a notarized affidavit from the Sending Site property owner signifying
understanding of the following concepts:
· A deed restriction will permanently encumber the Sending Site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
Historic TDR Certificate established from that Sending Site.
Ordinance No. 54 Page 9
Series of 2003.
· For each certificate of development right issued by the City for the particular Sending Site.
that property shall be allowed two-hundred and fifty (250) square feet less of Floor Area. as
permitted according to the property's zoning, as mnended.
· The Sending Site property owner shall have no authority over the manner in which the
certificate of developmem right ~s used by subsequent owners of the Historic TDR
Certificate.
Application for Issuance of Historic TDR Certificate. An applicant shall supply the necessary
application materials, identified in Section 26.535.080, Application Materials. along with
applicable review fees.
City Review and Approval of Application. The Commumty Development Department shall
review the application according the review standards identified in Section 26.535.070, Review
Standards for Establishment of a Historic TDR Certificate, and shall forward a recommendation
to the City Council. The City Council shall approve or disapprove the establishment of a
Historic TDR Certificate by adoption of an Ordinance. according to the review standards
identified in Section 26.535.070. Review Standards for Establishment of a Historic TDR
Certificate. The manner of public notice shall be publication, pursuant ro Section
26.304.060(E~(a~.
Scheduling of Closing Date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establisla a date on which the respective Historic TDR Certificates shall be
validated and issued by the City and a deed restriction on the property shall be accepted by the
City and filed with the Pitkin County Cleric and Recorder.
Closing. Onthe mutually agreed upon closing date, the Mayor of the City of Aspen shall
execute and deliver the applicable number of Historic TDR Certificates to the property owner
and the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
26.535.060 Procedure for Extinguishing a Historic Transferable Development Right
Certificate.
The following steps are necessary for the extinguishment of a City of Aspen Historic
Transferable Development Right Certificate:
Pre-application Conference. Property owners interested in the City's Historic TDR program are
encouraged to meet with a member of the Community Developmem Department to clarify the
process, benefits, and limitations of the program. Applicants are encouraged to meet with the
City Zoning Officer and review potential development plans to ensure the additional
development right can be properly incorporated on the Receiver Site.
Ordinance No. 54
Series of 2003.
Page 10
Associated Planning Reviews. An applicant must gain all other necessary approvals for the
proposed development, as established by this Title.
Application for Building Permit. An applicant shall submit the necessary materials for a
building permit, pursuant to Section 26.304.075, Building Permit.
Confirmation of Historic TDR Certificate. The applicant shall submit the requisite Historic
TDR Certificate(s) and the City shall confirm its, or their, authenticity.
City Review of Application. The Community Development Department shall review the
application according to the review standards identified in Section 26.535.080} Review Standards
for Extinguishment of a Historic TDR Certificate.
Extinguishment of Historic TDR Certificate. Prior to, and as a condition of, issuance of a
building permit for a development on a Receiver Site [equiring the extinguishment of a Historic
TDR Certificate, the applicant shall assign the requisite Historic TDR Certificate(s) to the City of
Aspen whereupon the certificates shall be marked "extinguished." The property shall
permanently maintain the additional development benefit of the extinguished TDR according to
the development allowance for a TDR pursuant to Section 26.710 Zone Districts. The property
owner may, at their discretion, record a confirmation letter from the Community Development
Director acknowledging the extinguishment of the TDR(s) for the Receiver Site.
26.535.070 Review Criteria for Establishment of a Historic Transferable Development
Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the follo~v!ng standards met:
A. The Sending Site is a Historic Landmark on which the development of a single-family or
duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such
development is a conditional use shall not be eligible.
B. It is demonstrated that the Sending Site has permitted unbuilt Floor Area, for either a single-
family or duplex home equaling or exceeding two-hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates requested.
C. It is demonstrated that the establishment of TDR Certificates will not create a nonconformity.
In cases where nonconformity already exists, the action shall not increase the specific
nonconformity.
D. The analysis of unbuilt development right shall only'include the actual built development,
any approved development order, and the allowable development right prescribed by zoning
for a single-family or duplex residence, and shall not include the potential of the Sending Site
to gain Floor Area bonuses, exemptions, or similar potential development incentives.
E. If the sending site has a Development Order to develop a site-specific development plan
which can no longer be developed due to Floor Area being transferred from the property, then
Ordinance No. 54 Page 11
Series of 2003.
that Development Order shall be considered null and void. If the sending site has a
Development Order which is unaffected by the transfer of Floor Area, then that Development
Order shall remain valid.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a
single-family or duplex residence (whichever is established as the property's use) minus two
hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates established.
For properties w/th multiple or unlimited Floor Areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall be
the Floor Area of a single-family or duplex residence (whichever is permitted) minus two
hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates established.
The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square
footage reduction from the allowable Floor Area for a single-family or duplex residence} as
may be amended from time to time. The Sending Site shall remain eligible for certain Floor
Ama incentives and/or exemptions as may be authorized by the City of Aspen Land Use
Code, as may be amended from time to time. The form of the deed restriction shall be
acceptable to the City Attorney.
G. A real estate closing has been scheduled at which time, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic TDR
Certificates to the Sending Site property owner and that property owner shall execute and
deliver a deed restriction lessening the available development fight of the subject property
together with the appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
H. It shall be the responsibility of the Sending Site property owner to provide building plans and
a zoning analysis of the Sending Site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built Floor Area.
26.535;080 Review Criteria for Extinguishment of a Historic Transferable Development
Right.
Historic TDR Certificates may be extinguished to accommodate additional development of a
non-Historic Landmark property, a property not listed on the Aspen Inventory of Historic
Landmark Sites and Structures, if the Community Development Director finds the following
standards have been met:
A. The Receiving Site is not restricied by a prescribed Floor Area limitation Or the restricting
document permits the extinguishment of Historic TDR Certificates for additional
development rights.
B. The Receiving Site is not listed on the Aspen Inventory of Historic Landmark Sites and
Structures and is eligible to receive an increase in development rights as specified in Chapter
Ordinance No. 54 Page 12
Series of 2003.
26.710, according to the zone district and the land use, or as otherwise specified in a Final
PUD Plan for the property.
C. All other necessary approvals for the proposed development on the Receiver Site, as
established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic Historic TDR Certificate(s) for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the Receiver
Site, pursuant to Section 26.304.075, Building Permit, and the additional development can be
accommodated on the Receiver Site in conformance with all other relevant requirements.
F. Prior to, and as a condition of, issuance of a building permit for a development requiring the
extinguishment of a Historic TDR Certificate(s), the applicant shall assign and deliver the
authentic certificate(s) to the City of Aspen whereupon the certificate(s) shall be marked
"extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment of
the TDR Certificate(s) and increasing the available development rights of the Receiver Site.
The applicant may wish to record this document with the Piktin County Clerk and Recorder.
The confirmation letter shall not stipulate an absolute total Floor Area, but shall stipulate a
square footage increase from the allowable Floor Area, according to the zone district and land
use of the Receiver Site at the time of building permit submission. The Receiver Site shall
remain subject to amendments to the allowable Floor Area and eligible for certain Floor Area
incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as
may be amended from time to time. The form of the confirmation letter shall be acceptable
to the City Attorney.
H. The development allowed on the Receiver Site by extinguishment of Historic TDR
Certificate(s) shall be that allowed in Chapter 26.710, according to the zone district and the
land use, or as otherwise specified in a Final PUD Plan for the receiver Site and shall not
permit the creation of a non-conforming use or structure.
26.535.090 Application Materials.
A. The contents of a development application to establish a Historic TDR Certificate shall
be as follows:
1. The general application information required in Common Procedures, Section 26.304.
2. A notarized affidavit from the Sending Site ,property owner signifying
acknowledgment of the following:
a. A deed restriction will permanently encumber the Sending Site and restrict that
property's development rights to below that allowed by right by zoning according
to the number of Historic TDR Certificate established fi'om that Sending Site.
b. For each certificate of development right issued by the City for the particular
Sending Site, that property shall be allowed two-hundred and fifty (250) square
feet less of Floor Area, as permitted according to the property's zoning, as
amended.
Ordinance No. 54 Page 13
Series of 2003.
c. The Sending Site property owner shall have no authority over the manner in
which the certificate of development right is used by subsequent owners of the
Historic TDR Certificate.
3. A Site Improvement Survey of the Sending Site depicting:
a. Existing natural and man-made site features.
b. All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the Sending Site and a
Floor Area analysis of all structures thereon.
5. A proposed deed restriction for the Sending Site.
6. Written response to each of the review criteria.
B. The contents of a development application to extinguish a Historic TDR Certificate shall
be as follows:
1. The necessary application materials for a complete building permit submission,
pursuant to Section 26.304.075, Building Permit.
2. Written response to each of the review criteria.
26.535.100 Appeals
An applicant aggrieved by a determination made by the Community Development Director,
pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures
and standards of Section 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section,
may appeal the decision to a court of competent jurisdiction.
Section 5:
The effective date of Chapter 262535, Transferable Development Rights, shall become effective
ninety (90) days after the final adoption of this ordinance so as to permit proper certificates to be
produced by the Community Development Director.
Ordinance No. 54 Page 14
Series of 2003.
Section 6:
Section 26.710.040, Medium-Density Residential (R-6) Zone District, which section regulates
development within the Medium-Density Residential District, shall read as follows:
26.710.040 Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential (R-6) zone district is to
provide areas for long term residential purposes with customary accessory uses. Recreational and
institutional uses customarily fom~d in proximity to residential uses are included as conditional
uses. Lands in the Medium-Density Residential (R-6) zone district are generally limited to the
original Aspen Townsite, contain relatively dense settlements of predominantly detached and
duplex residences, and are within walking distance of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the 'Medium-Density
Residential (R-6) zone district:
1. Detached residential.dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the Medium-
Density Residential (R-6) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Recreational Uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) zone district:
1. Minimum lot size (square feeD: 6,000. For Historic Landmark Properties: 3,000.
2. Minimum lot area per dwellin~ unit (square feet):
a) Detached residential dwelling: 4,500. For Historic Landmark Properties:
3,000.
b) Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c) Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For Historic Landmark properties: 30.
4. Minimum front yard (feet): Principal buildings: 10. Accessory buildings: 15.
Ordinance No. 54
Series of 2003.
Page 15
Minimum rear yard (feet): Principal buildings: 10. For the portion of a principal
building used solely as a garage: 5. Accessory buildings: 5.
Minimum side
uirements shall a ' on a lot mmexed
1,1989.
* Two detached residential dwelling on one lot' shall not be subject to the
combined side yard setback requirements, provided that the minimum distance between
the two buildings shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam
Lake Bluff Environmentally sensitive Area (ESA), the area below the top of slope shall
be subtracted from lot size.
Ordinance No. 54 Page 16
Series of 2003.
Maximum e:
8. Maximum height (feet): 25
9. Minimum distance between detached buildings on the lot (feet): 51
10. Pement of open space required for building site: No requirement.
11. Floor Area Ratio, conforming lots of record):
Ordinance No. 54 Page 17
Series of 2003.
*Total external floor area for multiple detached residential dwellings on one lot shall not
exceed the floor area allowed for one duplex. Total external floor area for multiple
detached residential dwellings on a lot less than nine-thousand (9,000) square feet listed
on the Inventory of Historic Landmark Sites and Structures shall not exceed the floor area
allowed for one detached residential dwelling.
Each City of Aspen Historic Transferabie Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional
250 square feet of Floor Area. Each residence on the parcel, excluding Accessory
Dwelling Units and Carriage Houses, shall be eligible for one Floor Area increase in
exchange for the extinguishment of one Historic TDR. No more than one Floor Area
increase shall be allowed per residence. Properties listed on the Inventory of Historic
Sites and Structures shall not be eligible for this Floor Area increase. Non-conforming
uses and structures shall not be eligible for this Floor Area increase.
Ordinance No. 54 Page 18
Series of 2003.
Section 7:
Section 26.710.050, Moderate-Density Residential (R-15) Zone District, ~vhich section regulates
development within the Moderate-Density Residential, shall read as follows:
26.710.050 Moderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential (R-15) zone district is to
provide areas for long term residential purposes with customary accessory uses. Recreational and
institutional uses customarily found in proximity to residential uses are included as conditional
uses. Lands in the Moderate-Density Residential (R-15) zone district typically consist of
additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the
Townsite bordering Aspen Mountain are also included in the Moderate-Density Residential (R-
I 5) zone district.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R- 15) zone district:
I. Detached residential dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-
Density Residential (R-15) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Agricultural Uses.
4. Recreational Uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall hpply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) zone district.
1. Minimum lot size (square feeD: 15,000. For Historic Landmark Properties: 3,000.
2. Minimum lot area per dwellin~ unit (square feet):
a. Detached residential dwelling: 15,000. For Historic Landmark Properties:
3,000.
b. Duplex: 7,500. For Historic Landmark Properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 75. For Historic Landmark Properties: 30.
4. Minimum front yard setback (feeO :
Ordinance No. 54
Series of 2003.
Page 19
g.
9.
10.
Residential dxvellings: 25.
Accessory buildings and all other buildings: 30.
Minimum side vard setback (/'eeo: i0.
Minimum rear yard setback ([eeO:
Principal buildings: 10.
Accessory buildings: 5.
Maximum height (£eet~: 25.
Minimum distance between detached buildings on the lot (£eeO : 1 O,
Percent o[open space required £or buildin,~ site: No requirement.
Floor area ratio (applies to con[orming and nonconfiorming lots o[record):
Ordinance No. 54 Page 20
Series of 2003.
*Total external floor area for multiple detached residential dwellings on one lot shall not
exceed the floor area allowed for one duplex. Total external floor area for multiple
detached residential dwellings on a lot less than twenty-thousand (20,000) square feet
listed on the Inventory of Historic Landmark Sites and Structures shall not exceed the
floor area allowed for one detached residential dwelling.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535; Transferable Development Rights, shall allow an additional
250 square feet of Floor Area. Each residence on the parcel, excluding Accessory
Dwelling Units and Carriage Houses, shall be eligible for one Floor Area increase in
exchange for the extinguishment of one Historic TDR. No more than one Floor Area
increase shall be allowed per residence. Properties listed on the Inventory of Historic
Sites and Structures shall not be eligible for this Floor Area increase. Non-conforming
uses and strncmres shall not be eligible for this Floor Area increase.
Section 8:
Section 26.710.060, Moderate-Density Residential (R-15A) Zone District, which section
regulates development within the Moderate-Density Residential, shall read as follows:
26.710.060 Moderate-Density Residential (R-15A).
A. Purpose. The purpose of the Moderate-Density Residential (R-15A) zone district is to
provide areas for long term residential purposes with customary accessory uses. Recreational and
institutional uses customarily found in proximity to residential uses are included as conditional
uses. Lands in the Moderate-Density Residential (R-15A) zone district are similarly situated to
those in the Moderate-Density Residential (R-15) zone district and are lands annexed from Pitkin
County from zone districts in which duplexes are a prohibited use.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15A) zone district:
1. Detached residential dwelling.
2. Duplex, provided fifty (50) percent of the duplex units are restricted to affordable
housing;
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
Ordinance No. 54 Page 21
Series of 2003.
C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-
Density Residential (R-15Al zone district, subject to the standards and procedures established in
Chapter 26.425:
i. Arts. Cultural. and Civic Uses.
2. Academic Uses.
3. Agricultural Uses.
4. Recreational Uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A~ zone district.
1. Minimum lot size (square feet): 15,000. For Historic Landmark Properties: 3,000.
2. Minimum lot area per dwelliny~ unit (square feeO :
a) Detached residential dwelling: 15;000. For Historic Landmark Properties:
3,000.
b) Duplex: 7,500. For Historic Landmark Properties: 3,000.
c) Bed and breakfast, boardinghouse: No requirement.
8.
9.
10.
Minimum lot width (feet): 75. For Historic Landmark Properties: 30.
Minimum front yard setback (feet): Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
Minimum side vard setback /feet) : 10.
Minimum rear yard setback (feeO:
Residential dwellings: I 0.
Accessory buildings and ail other buildings: 5.
Maximum height (feeO: 25.
Minimum distance between detached buildings on the lot (feet): 10.
Percent of open space required for building site: No requirement.
Floor area ratio (applies to confokming and nonconforming lots of record):
Ordinance No. 54 Page 22
Series of 2003.
*Total external floor area for multiple detached residential dwellings on one lot shall not
eXceed the floor area allowed for one duplex. Total external floor area for multiple
detached residential dwellings on a lot less than twenty-thousand (20,000) square feet
listed on the Inventory of Historic Landmark Sites and Structures shall not exceed the
floor area allowed for one detached residential dwelling.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional
250 square feet of Floor Area. Each residence on the parcel, excluding Accessory
Dwelling Units and Carriage Houses, shall be eligible for one Floor Area increase in
exchange for the extinguishment of one Historic TDR. No more than one Floor Area
increase shall be allowed per residence. Properties listed on the Inventory of Historic
Sites and Structures shall not be eligible for this Floor Area increase. Non-conforming
uses and structures shall not be eligible for this Floor Area increase.
Ordinance No. 54 Page 23
Series of 2003.
Section 9:
Section 26.710.070. Moderate-Density Residential (R-15B) Zone District, which
regulates development within the Moderate-Density Residential, shall read as follows:
section
26.710.070 Moderate-Density Residential (R-15B).
A. Purpose. The purpose of the Moderate-Density Residential (R-15B) zone district is to
provide areas for long term residential purposes with customary accessory uses. Lands in the
Moderate-Density Residential (R-i5B) zone district are similarly situated to those in the
Moderate-Density Residential (R-15) and (R-15A) zone districts, but are those in which single-
family structures are a permitted use and duplexes are prohibited.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15B) zone district:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-
Density Residential (R-15B) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Agricultural Uses.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15B) zone district:
I. Minimum lot size (square feet): 15,000.
2. Minimum lot area per dwelling unit (square feet): 15,000.
3. Minimum lot width (feet): 75.
4. Minimum front yard setback (feet): 30.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet):
Residential dwellings: 10.
Accessory buildings and all other buildings: 5.
7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory buildings (feet): No
requirement.
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Ordinance No. 54 Page 24
Series of 2003.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional
250 square feet of Floor Area. Each residence on the parcel, excluding Accessory
Dwelling Units and Carriage Houses, shall be eligible for one Floor Area increase in
exchange for the extinguishment of one Historic TDR. No more than one Floor Area
increase shall be allowed per residence. Properties listed on the Inventory of Historic
Sites and Structures shall not be eligible for this Floor Area increase. Non-conforming
uses and slxmctures shall not be eligible for this Floor Area increase.
Section 10:
Section 26.710.080, Low-Density Residential (R-30) Zone District, which section regulates
development within the Low-Density Residential, shall read as follows:
26.710.080 Low-Density Residential (R-30).
A. Purpose. The purpose of the Low-Density Residential (R-30) zone district is to provide
areas for long term residential purposes with customary accessory uses. Recreational and
institutional uses customarily found in proximity to residential uses are included as conditional
uses. Lands in the Low-Density Residential (R-30) zone district are typically located along river
frontages in outlying areas of the City.
B. Permitted uses. The following uses are permitted as of right in the Low-Density
Residential (R-30) zone district:
1. Detached residential dwelling.
2. Duplex.
3. Home occupations.
4. Accessory buildings and uses.
5. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
Ordinance No. 54 Page 25
Series of 2003.
C. Conditional uses. The following uses are permitted as conditional uses in the Low-
Density Residential (R-30) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Agricultural Uses.
4. Recreational Uses.
5. Group home.
6. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Low-Density Residential (R-30) zone district: 1. Minimum lot size (square feeD: 30.000.
2. Minimum lot area per dwelling unit (square feet):
a) Detached residential dwelling: 30,000.
b) Duplex: 15,000.
3. Minimum lot width fleet): 100.
4. Minimum front yard setback (feet):
Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
5. Minimum side yard setback (feet): 10
6. Minimum rear yard setback (feet):
Residential dwellings: 15.
Accessory buildings: 5.
All other buildings: 30.
8.
9.
10.
Maximum hei,ght (feet): 25.
Minimum distance between principal and accessory buildings (feet): 10.
Percent of open space required for building site: No requirement.
Floor area ratio (applies to conforminx, and nonconforming lots of record):
Ordinance No. 54 Page 26
Series of 2003.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional
250 square feet of Floor Area. Each residence on the parcel, excluding Accessory
Dwelling Units and Carriage Houses, shall be eligible for one Floor Area increase in
exchange for the extinguishment of one Historic TDR. No more than one Floor Area
increase shall be allowed per residence. Properties listed on the Inventory of Historic
Sites and Structures shall not be eligible for this Floor Ama increase. Non-conforming
uses and structures shall not be eligible for this Floor Area increase.
Section 11:
This Ordinance shall not effect 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 12:
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
Ordinance No. 54 Page 27
Series of 2003.
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 13:
A public hearing on the Ordinance shall be held on the l0th day of November, 2003, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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 14th day of October, 2003.
Attest:
Kathryn S. I~h, Cit~ Clerk
FINALLY, adopted, passed and approved this 10th day of November, 2003.
Attest:
Kathryn S. Ko,0i, City
Helen IC Klanderu~ Mayor
Approved as to form:
~c'-C~ty Attoi~e~
C:Lhome\infill\Infill_TDR_Ord.doc
Ordinance No. 54
Series of 2003.
Page 28