HomeMy WebLinkAboutordinance.council.007-05ORDINANCE NO. 7
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.180 - MIXED-
USE (MU) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE.
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, part of the City of Aspen Municipal 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 Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill 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:
intensification of land uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city.
· retention of existing commemial and lodging uses.
· increased vitality of the downtown retail environment.
· rejuvenation of aging commemial properties.
· development of mixed-use buildings with housing opportunities for locals.
· development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
· revisions to, or elimination of, identified barriers to successful infill development
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
· revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
· elimination of development incentives for single-family and duplex development
within commercial, mixed-use, and lodging zone districts.
· balance between the community and the resort aspects of Aspen.
sustainability of the local social and economic conditions.
· The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
Ordinance No.7,
Series of 2005. Page 1
WHEREAS, the amendments herein relate to the following Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.710.180 - Mixed-Use (MU) Zone District; which has been known as the
Office (O) Zone District; and,
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
Planning 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 1, 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, eont'mued 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 of the above noted Chapters and Sections of the
Land Use Code; 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 idenf~fied 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 heating; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed 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 26.710.180, Mixed-Use (MU) Zone District, which section regulates
development within the Mixed-Use (formerly Office) Zone District, shall read as
follows:
Ordinance No.7,
Series of 2005. Page 2
26.710.180 Mixed-Use (MU).
.4. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a
variety of lodging, multi-family, single-family, and mixed-use buildings with commercial
uses serving the daily or frequent needs of the surrounding neighborhood, provide a
transition between the commercial core and surrounding residential neighborhoods, and
to provide a variety of building sizes compatible with the character of the Main Street
Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use
(MU) zone district:
1. On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood
Commercial Uses, and Bed and breakfast.
2. Service Uses.
3. Office Uses.
4. Lodging, Timeshare Lodge, Exempt Timesharing.
5. Arts, Cultural and Civic Uses.
6. Public Uses.
7. Recreational Uses.
8. Academic Uses.
9. Child care center.
10. Affordable Multi-Family Housing.
11. Free-Market Multi-Family Housing.
12. Single Family Residence.
13. Duplex Residence.
14. Two Detached Single-Family Residences.
15. Home occupations.
16. Accessory uses and structures.
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the
Mixed-Use (MU) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Mixed-Use (MU) zone district:
1. Minimum lot size (square feet): 3,000.
2. Minimum lot area per dwelling unit (sauare feet):
a. Detached residential dwellings: 4,500. 3,000 for Historic Landmark
properties.
Ordinance No.7,
Series of 2005. Page 3
9.
10.
b. Duplex dwellings: 4,500.3,000 for Historic Landmark properties.
c. All other uses: Not applicable.
Minimum lot width (feet): 30.
Minimum front yard setback (feet): 10, which may be reduced to 5,
pursuant to Special Review, Section 26.430.
Minimum side yard setback (feet): 5.
Minimum rear yard setback (feet): 5.
Maximum height:
a. Commemial, Lodge, Timeshare Lodge, Exempt Timesharing, Multi-
Family, and Mixed-Use Buildings: 32 feet.
b. Detached residential and Duplex dwellings: 25 feet.
Minimum distance between buildings on the lot ([eeO: 10.
Pedestrian Amenity Space: Pursuant to Section 26.575.030.
Floor Area Ratio (FAR):
A. The following FAR schedule applies to uses cumulatively up to a total
maximum FAR of 2:1. For properties within the Main Street Historic
District, this maximum cumulative FAR shall be 1:1, which may be
increased to 1.25:1 by Special Review, pursuant to Section 26.430.
1. Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts,
Cultural and Civic uses; Public Uses; Recreational Uses; Academic
Uses: .75:1, which may be increased to 1:1 by Special Review,
pursuant to Section 26.430.
2. Affordable Multi-Family Housing: No limitation, other than the
cumulative FAR limit stated above.
3. Frce-Market Multi-Family Housing: .75:1, which may be increased to
1:1 by Special Review, pursuant to Section 26.430.
B. The following FAR schedule applies to single-family and duplex uses
when developed as the only use of the parcel:
1. Detached residential and Duplex dwellings established prior to the
adoption of Ordinance 7, Series of 2005: 100% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See R6
Zone District.) Receipt of a Development Order shall constitute the
date the use was established. Replacement after Demolition shall not
effect a new establishment date for the purposes of this section. City of
Aspen Historic Transferable Development Rights shall not be
extinguished in this zone district and shall not permit additional floor
area.
2. Detached residential and Duplex dwellings established after the
adoption of Ordinance 7, Series of 2005: 80% of the allowable floor
Ordinance No. 7,
Series of 2005. Page 4
area of an equivalent-sized lot located in the R6 zone district. (See R6
Zone District.) City of Aspen Historic Transferable Development
Rights shall not be extinguished in this zone district and shall not
permit addi6onal floor area.
Section 2:
The Community Development Director shall cause the Official Zone District Map of
the City of Aspen to be amended to reflect the name change for this zone district from
the Office Zone District to the Mixed-Use Zone District. All references within the
Municipal Code to the Office Zone District shall be considered references to the
Mixed-Use Zone District.
Section 3:
This Ordinance shall not affect 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 remaimg 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 was held on the 28th day of February, 2005, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fiReen
(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.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
[Signatures on following page]
Ordinance No.7,
Series of 2005. Page 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of thc City of Aspen on thc 24th day of January, 2005.
Attest:
FINALLY, adopted, passed and approved this 28~ day of March, 2005.
Attest:
Ka-th~ryn S. Ko~, C~ty ~21er'k
Approved as to form:
C:khomekinflll~Iixed-UseWIU Ordinance.doc
Ordinance No.7,
Series of 2005. Page 6