HomeMy WebLinkAboutordinance.council.048-04ORDINANCE NO. 48
(SERIES OF 2004)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE LAND USE CODE SECTION 26.470.070 - GROWTH
MANAGEMENT QUOTA SYSTEM EXEMPTIONS AND SECTION 26.710.040 -
FLOOR AREA RESTRICTIONS FOR THE MEDIUM DENSITY (R-6) ZONE
DISTRICT.
WHEREAS, the Community Development Department received an application
from Walnut Properties, LLC, represented by Stan Clauson and Associates, requesting
approval amendments to the City of Aspen Land Use Code; and,
WHEREAS, the Aspen Community Development Department reviewed the
application and recommended approval with a series of conditions; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code, an amendment to
the Land Use Code may be approved by the City Council at a duly noticed public hearing
after considering recommendations by the Planning and Zoning Commission, the
Community Development Director; and,
WHEREAS, the Planning and Zoning Commission found that the review
standards for an amendment to the Land Use Code have been met; and,
WHEREAS, during a regular meeting on October 12, 2004, continued to
November 2, 2004, continued to November 16, 2004, continued to November 30, 2004,
and continued to December 7, 2004, the Planning and Zoning Commission opened a duly
noticed public hearing to consider the code amendments (and related subdivision
application) and recommended City Council approve the amendments to the Land Use
Code, as described herein, by a five to zero (5-0) vote; and,
WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified heroin, 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 the application meeting or exceeding all
applicable standards of the land use code of the City of Aspen Municipal Code and that the
approval of the proposal is consistent with the goals and elements of the Aspen Area
Con'nnunity Plan; mad,
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:
Ordinance No. 48,
Series of 2004. Page 1
Section 1: Land Use Code Amendment - Historic TDRs
Section 26.710.040 subsection 11, which section defines the amount of floor area which
may be developed on individual parcels within the R6 Zone District, shall read as
follows:
11.
Floor Area Ratio (a]~]~lies to conformin~ and nonconformin~ lots of record):
Lot Size Allowable Floor Area :foi~:: : AllOWable FlOor Area for Two DetaChed
(Square Single-Family R~idence~ Dwellings or one Duplex*
Feet)
0--3,000 80 square feet of flo°r area for 90 square feet of floor area for each !00
each 100 in lot ~ tip to a square feet in lot area, up to a maximum Of
maximum of 2,400 sq~e feet of 2,700 square feet of floor area.
floor area.
3,000--6,000 2,400 square feet of floor area, 2,700 square feet of floor area, plus 30
plus 28 square feet of floor area square feet of floor area for each additional
for each additional 100 square 100 square feet in lot area, up to a maximum
feet in lot area, up to a maximum of 3,600 square feet of floor area.
of 3,240 square feet of floor
area.
6,000--9,000 3,240 square feet of floor area, 3,600 square feet of floor area, plus 16
plus 14 square feet of floor area square feet of floor area for each additional
for each additional 10fl square 100 square feet in lot area, up to a maximum
feet in lot area, up to a maximum of 4,080 square feet of floor area.
of 3,660 square feet of floor
area.
9,000-- 3 6{50 square feet of floor area ~080 square feet of floor area plus 6 square
15,000 plus 6 square feet Of floor area feet of floor area for each additional 100
for each additional 100 square square feet in lot area, up to a maximum of
feet in lot area, up to a maximum 4,440 square feet of floor area.
of 4,020 square feet of floor
area. ._
15,000-- 4,020 square feet of floor area, 4,440 square feet of floor area, plus 5 square
50,000 plus 5 square feet of floor area feet of floor area for each additional 100
for each additional 100 square square feet in lot area, up to a maximum of
feet in lot area, up to a maximum 6,190 square feet of floor area.
of 5,770 square feet of floor
area,
50,000+ 5 770 square feet of floor area 6,190 square feet of floor area plus 3 square
plus 2 square feet of floor area feet of floor area for each additional 100
for each additional 100 square square feet in lot area.
feet in lot area,
*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 tbr one detached residential
dwelling.
Ordinance No. 48,
Series of 2004. Page 2
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 tbr
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, with the
following exception: Properties within the same Subdivision or Planned Unit
Development as a sending site may be specified as eligible tbr up to two (2) Floor
Area increases per residence pursuant to the Subdivision or Planned Unit
Development approval. The properties to be specified as eligible for up to two (2)
Floor Area increases per residence shall be located within the same Subdivision or
Planned Unit Development so as to enhance preservation of the historic resource,
considering a recommendation from the Historic Preservation Commission, shall
not be located adjacent to the sending site, and shall be described and depicted in
the Subdivision or Planned Unit Development approvals granted by City Council.
The total number of Floor Area increases permitted within the Subdivision or
Planned Unit Development, as a whole, shall not exceed an aggregate total of one
(1) per non-historic residence within the entire Subdivision or Planned Unit
Development. 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 tbr this Floor Area increase.
Section 2: Land Use Code Amendment - GMQS Exemption for Preserving
Significant Open Space Parcels
Section 26.470.070 (G), xvhich section shall authorize the City Council of the City of
Aspen to grant exemptions from the scoring and competition procedures of the Growth
Management Quota System, shall read as follows:
G. Preservation of Significant Open Space Parcels. On a project specific basis, the
City Council may exempt the development of one or more residences t¥om the provisions
of this Chapter in exchange for the permanent preservation of one or more parcels
considered significant for the preservation of open space. The preservation parcel may lie
outside the City of Aspen jurisdiction. The exempted residential units shall not be
deducted from the respective annual development allotment established pursuant to
Section 26.470.040 or from the Metro Area development ceiling established pursuant to
Section 26.470.030. The exempted residential units shall provide affordable housing
mitigation, pursuant to the requirements of Section 26.470.070.B. This exemption shall
only apply to the specific residences exempted through this provision. Other residences
within a project not specifically exempted through this provision shall require growth
management approvals pursuant to this Chapter. Review is by City Council. The criteria
for determining the significance of a preservation parcel and the associated development
rights to be granted may include:
Ordinance No. 48,
Series of 2004. Page 3
1. The strategic nature of the preservation parcel to facilitate park, trails, or open
space objectives of the City of Aspen. This shall include a recommendation from
the City of Aspen Open Space Acquisition Board.
2. Identification of the preservation parcel as "private land with preservation value"
in the Aspen Area Community Plan or as a parcel desirable tbr preservation in any
other adopted master plans of the City of Aspen.
3. Proximity and/or visibility of the preservation parcel to the City of Aspen.
4. The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5. The proposed location of the parcel(s) being granted an exemption from growth
management and the compatibility of the resulting uses and intensities of
development with the surrounding neighborhood, including the impacts from the
specified method of providing affordable housing mitigation. The exempted
residences shall be restricted to the underlying zoning restrictions of the property
on which they lie unless additional restrictions are necessary in order to meet this
criterion.
6. The preservation parcel shall be encumbered with a legal instrument, acceptable
to the City Attorney, which sterilizes the parcel from further development in
perpetuity.
Section 3:
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 4:
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 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 24th day of January, 2005, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
Ordinance No. 48,
Series of 2004. Page 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 13th day of December, 2004.
Attest:
Kathryn S. I~ch', Ci~2(Clerk
FINALLY, adopted, passed and approved this 24th day of January, 2005.
Attest:
~ty Clerk~
Approved as to form:
,~J~ohn Wo~c/es'ter~ Ci~y-A~torney
Bendon C:\home\Current Planning\CASES\Fox Crossing\Ordinance48-code_amendment.doc
Ordinance No. 48,
Series of 2004. Page 5