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HomeMy WebLinkAboutagenda.apz.19960730 AGENDA ASPEN PLANNING AND ZONING COMMISSION , SPECIAL MEETING ..,~, JULY 3Q 1996,4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. PUBLIC HEARINGS A. Small Lodge Text Amendments, Dave Michaelson III. WORK SESSION A. ADU Regulation Amendments IV. Adjourn ..... . THE BUCKHOnN LODGE 730 East Cooper A venue - Aspen, Colorado 81611 - 303-925-7630 July 26, 1996 Sara Garton, Chairman Planning & Zoning Commission 130 South Galena Street Aspen, CO 81611 - My understanding is that on July 30, 1996, the P«Z will consider plans for allowing some small lodges in Aspen to modify their operations to reflect more accurately current market conditions. I ask that you allow the Buckhorn Lodge to be included in any changes. The Buckhorn Lodge is not a small but a "MINI LODGE" with.;okly!J9) nine rooms, hardly enough to justify a 1996 lodge operation. The Buckhorn Lodge was zoned C-1 in 1971 when my wife and I bought the property. About 1974 as part of the Aspen Land Use Plan the property was downzoned to "0" which made us rare largely non -conforming. The " r'� 1981 '-82 effort ' by the City of Aspen to bring Aspen lodges into conformity, (LP) did not fit our operation. My private and expensive rezoning was to (LC). Your discussions with small lodges only include those in (LP), which excludes the Buckhorn Lodge. 1' M MUM 4 = ' W • Thank You. i Sy Kel `// G� Nora Kelly cc: Steve Buettow Dave Johnson Jasmine Tygre Roger Hunt Timothy Mooney Marta Chaikovska Timothy Laich Robert Blaich MEMORANDUM TO: Planning and Zoning Commission FROM: e Michaelson Deputy Director u vA Dave p � DATE: July 31,1996 RE: Small Lodge Text Amendments Summary: Staff is requesting a recommendation to Council regarding the proposed amendments to the Lodge Preservation (LP) zone district. On July 16, 1996 t le Planning Commission tabled the proposed amendments for further discussion. Staff has attached a revised copy of the staff report presented to the Commission at the prior hearing. Based on the limited. discussion held on July 16, 1996, staff has made the following revisions to the memo:. 1. The criteria for the LP change in use/expansion approval has been modified to address issues with the use of the term "minimal"; 2. A procedural description of the use of the free-market/lodge expansion process has been added; and 3. The portion of the Municipal Code regarding compliance with the criteria for a zone text amendment has been addressed. Background: The rather lengthy process and the proposed text amendments previously approved by the Planning Commission were based on 18 months of work, undertaken by a variety of staff. The amendments were hinged on a rather complex formula that allowed minor conversion to non-residential uses allowed in an adjacent zone district (up to 30 percent of gross floor area) without mitigation: Staff believed that the proposed amendments were cumbersome, difficult to understand, and did not reach the point of "a level playing field" which seems to be the intent of the proposed revisions. In addition, there was concern regarding the potential that the mitigative relief for a specific zone district was inherently unfair to other property owners who would still be faced with the significant mitigation required within the GMQS system if they proposed a change in use or expansion of net leasable square footage. Staff held three work sessions with City Council on March 12, April 5 and May 22, 1996 to discuss the LP revisions, and the outcome was an approach developed by staff that proposed a different tact which conceptually overcomes the weaknesses in the proposed text. Following the work sessions with Council, staff was directed to hold a community roundtable to broaden the representation from the community into the LP discussions. The following organizations were represented at the July 9, 1996 roundtable: • LP Lodge Owners, represented by Gideon Kaufman and several lodge owners • Aspen Skiing Company, represented by John Norton and Ditty Boone • Aspen Historic Preservation Commission, represented by Martha Madsen • Aspen Planning and Zoning Commission, represented by Sara Garton • Pitkin County Planning and Zoning Commission, represented. by David Guthrie • Aspen Chamber Resort Association, represented by Diane Moore and Perry Harvey • Aspen/Snowmass Council for the Arts, represented by Anne Chapman • Aspen Central Reservations, represented by Molly Cambell • Restaurant Association, represented by Sirous Saghatoleslami and Jackie Kasabaugh • Aspen Realtors Association, represented by Cindy Ashcroft The following consensus points were reached during that discussion: 1. The group was in conceptual agreement with the concept of an overlay zorte and the reversion to underlying zoning to both protect the existing LP uses, while allowing a controlled rate of conversion to other uses; 2. The issue of mitigation was the most complex component of the proposed revisions, and every effort should be made to develop a simple, effective solution that allows controlled conversion while mitigating impacts to the community; 3. Mechanisms that allowed for the replacement of lost bed base were favored to allow for future expansion of lodges that are economically viable and wish to expand. Staff has conceptually summarized the proposed changes for the Commission in the following discussion. "A LEVEL PLAYING FIELD" The test of a level playing field is simple: are properties in the LP zone district being treated the same as all other property owners under the City of Aspen Municipal Code. It is clear that under the existing provisions of the Lodge Preservation (LP) zone district regulations, they are not. Staff proposes the following zoning changes to assist in resolving the LP issue: 1) The LP zone district is revised to become an overlay, as opposed to a zone district. The overlay would function as a mechanism to achieve some of the regulatory changes envisioned by both the Planning Commission and the Council, and would be superimposed on the existing properties encumbered by LP zoning. The overlay zone would allow the existing lodges as a conforming use, and would be coupled with a revision to the definition of lodges to allow for the inclusion of kitchens as well as provide for long- and short-term rentals. The current definition of a lodge in Section 26.04.100 means "the same as a hotel," which precludes both long-term rentals and kitchens. The proposed change in the definition would read as follows, and would apply exclusively to properties previously zoned LP: Lodge means a building previously zoned Lodge Preservation (LP) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, -combined utilities and on -site management and reception. A lodge may include kitchens within individual rental units. 2 The overlay would have the same dimensional requirements as the current LP zoning to establish parameters for expansion. In addition, staff proposes to continue to allow for condominiumization, with the requirement that long- and short-term rentals be allowed, but that front desk facilities remain to protect the lodge use. The existing LP requirements are attached as Exhibit A. The proposed overlay zone would have the following dimensional and use requirements: Lodge Preservation Overlay Zone Districtl A. Purpose: The purpose of the Lodge Preservation (LP) Overlay Zone District is to provide for and protect small lodge uses in areas historically used for lodge accommodations, and to permit expansion of these lodges when such expansions are compatible with neighboring properties and provide an incentive for upgrading existing lodges on -site or onto adjacent properties. B. Permitted Uses. The following uses are permitted as of right in the LP Overlay Zone District. 1. Lodge Units; 2. Boarding House; 3. Dormitory; 4. Accessory use facilities intended for guests of permitted lodge units, boarding house or dormitory, which are commonly found in association and are for guests only, including office, lounge, kitchen, dining room, laundry and recreational facilities; S. Affordable housing for employees of the lodge; 6. Accessory buildings and uses. C. Conditional Uses. The following uses are permitted in the LP Overlay Zone District, subject to the standards and procedures established in Chapter 26.60. 1. Restaurant included within a lodge operation serving guests and others; 2. Timesharing; 3. Affordable Housing. D. Dimensional Requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the LP Overlay Zone District. 1. Minimum lot size (square feet): No Requirement 2. Minimum lot area per dwelling unit (square feet): No Requirement 3. Minimum lot width (feet): No Requirement 4. Minimum front yard (feet): 10 S. Minimum side yard (feet): S ,, ' The proposed text for the overlay zone is identical to the existing LP text, with the exception of the revision to the ` purpose" of the overlay zone and of the inclusion of affordable housing as a conditional use. This in response to the potential, supported by both Community Development staff and the Housing Office, to study the option of conversion of some lodges to affordable housing through outright purchase and deed restriction by the City. 3 6. Minimum rear yard (feet): 10 7. Maximum height (feet): 252 8. Minimum distance between principal and accessory buildings (feet): 10 9. Percent Open Space required for building site: 35 (Can be varied by special review pursuant to Section 26.64).3 10. External Floor Area Ratio: Established by special review pursuant to Section 26.64, not to exceed 1:1. IL Internal Floor Area Ratio: Lodge Rental Space: Maximum of .5:1, which can be increased to . 75:1 internal FAR of lodge rental space provided that 33.3% of the additional floor area is approved for residential use restricted to affordable housing for employees of the lodge. E. Off-streetparking requirement. The following off-street parking spaces shall be provided for each use in the LP overlay zone district, subject to the provisions of Chapter 26.32. 1. Lodge Use: 0.7 spaces/bedroom, of which 0.2 spaces per bedroom can be provided via a payment in lieu pursuant to Chapter 26.64. 2. All other uses: 4 spaces/1000 square feet of net leasable area. 2) All existing LP -zoned properties would revert to underlying zoning, to allow for the same land uses available to similar properties in the City. Table 1 summarizes the proposed zone district for each existing LP property, and the potential buildout of each property under lodge expansion, free market, and commercial expansion scenarios. The lodges in the LP zone district would revert to R-6, R-15A (PUD), RMF, RMF (PUD) or Office zone districts. The allowed uses and dimensional requirements within each of these zone districts are attached as Exhibit B. Due to the complexity of the Code, it is nearly impossible to summarize every development scenario for each property. For example, the potential for the conversion of small lodges to affordable housing under the AH1/PUD zone district has not been quantified. In addition, the LP zone district allows a lodge buildout of .5:1, but this ratio increases to .75:1 if the expansion proposes an affordable housing component. In the case of lodges that are adjacent to,two zone districts, staff assigned a zoning that appeared to be the most compatible with the surrounding neighborhood. The zoning designations are not considered final, and are for discussion purposes only. The development potential is significant if one assumes a worst case, maximum buildout scenario, but market forces within the community will ultimately determine the conversion process. The outcome of these two simple steps would create a true level playing field by allowing LP properties to have identical land use options open to adjacent properties in the same zone district. In addition there are no complicated formulas, and no mitigative relief. Although the issue of 2 Lodges with unique physical constraints (such as those presented by roof construction, etc. can appeal to the Board of Adjustment if necessary. 3 The provision for reviewing open space requirements as lodges are expanded is based on reviewing each lodge on a case -by -case basis, and the eventual open space determination would be based on the overall quality of design, relationship and compatibility with the surrounding neighborhood and other criteria traditionally applied in the special review process. 11 ..:..>.... .;:.`_ w w w ww C):: :: .... �i �+ ti �� Q! 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In short, an employee is an employee regardless of if he/she is working for a lodge allowed to convert or a new or expanding commercial activity. In addition, staff would suggest that, if the Commission favored modifications to the GMQS system, those changes should be discussed in a broader context than the discussions regarding the LP zone district. Mitigating Conversion. Without revisions to both the GMQS allocations and the "change in use provisions," all subsequent additions or conversions would require compliance with all mitigation regulations now in place, including employee housing, park dedication and parking. In reference to these discussions, Council has discussed the distinction between "Growth" and "Change." For example, the conversion of a lodge to residential units may represent a decrease in actual impacts to the community. The potential impact of the conversion of lodges to free market dwelling units or commercial/office uses is a function of the dimensional limitations of the underlying zone district, as shown on Table 1. Attempts to quantify the relationship between lodge units and residential units have been performed locally in the past. During the Highlands review, Glen Horn and Tom Baker developed a conversion system based on methodology that reviewed traffic generation, number of residents over differing periods of time, employee generation, public service impacts and other community impact criteria. The conversion formula arrived at the following proportional impact: • 2.5 tourist accommodation units for each three bedroom single-family dwelling unit; and, • 3.3 tourist accommodation units for each five bedroom single family dwelling unit. For example, if a 20 unit lodge on a 15,000 square foot lot in the RMF zone wanted to convert to residential uses, the maximum density would be 4 three -bedroom units. Assuming the validity of the conversion impact factors cited above, the applicant could conceivably develop 8 residential units (20 lodges/2.5 = 8 units) without increasing impacts (i.e. "growth") on the community. Since the underlying zoning only allows the applicant to develop four units, the impacts on the community are less than the existing lodge use (i.e. "change"). This would allow the development of four additional residential units in the City while maintaining the status quo from a community impact perspective. Logic would suggest that the "residual" units could be converted into 10 additional lodge units without additional impacts or mitigation w the City. This would allow for a pool of potential lodge expansion units without placing undue impacts on the community. No simple method exists for determining the relative change in community impacts between lodge units and commercial/office uses that would be allowed by underlying zoning. The current method of determining employee generation is based on a employee per square footage relationship which is different for each zone district. Staff would suggest that the determination of appropriate mitigation for each commercial/office conversion be handled independently with assistance from the Housing Office. Modification of Change In Use Provisions - The current change in use provisions .force all projects developing more than one dwelling unit to compete through growth mariagement for allocations, currently held at 4 dwelling units per year. Staff would recommend that a separate 21 section be developed addressing only conversions of lodges formally in the LP zone district. A draft of proposed language is summarized below: Change in UselLodge Expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, ,provided that the following conditions are met: 1) The Planning and Zoning Commission determines that employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and credit for existing employee housing and the incremental impact between the existing use and the proposed conversion; 2) The Planning and Zoning Commission determines that sufficient parking spaces will be provided for the change in use or expansion or cash -in -lieu will be used, 3) The Planning and Zoning Commission determines that the change in use or expansion is compatible with the character of the existing neighborhood; 4) . The Planning and Zoning Commission determines that adequate public facilities exist or will be provided for the change in us of the existing neighborhood; S) No zone change is required. 6) The proposal is consistent with the Aspen Area Community Plan.4 The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool/ Amendments to the GMQS Allotment Pool. The GMQS system currently in place controls growth by limiting the total number of square footage (commercial/office) and units (residential and tourist accommodations) that can occur in the Metro area. The system controls the rate of growth by only allowing a specific amount of development in a given year, and furthermore establishes a competition process for annual allocations. The change in use/expansion provisions summarized above exempt such conversions from competition, but if the Commission supports the conversion concept, a separate pool must be developed to allow for annual allocations available to lodges previously zoned LP to draw from. Staff does have concerns regarding both the rate of conversion and eventual number of free market units or office/commercial square footage that could be developed in the City as a result of lodge conversion: As shownt on Table 1, staff has estimated the potential number of free market units and commercial/office square footage that could be developed assuming each LP property reverts to underllying zoning. This summary of density is based on the dimensional requirements in each zone district as a function of total lot size for each lodge. The buildout 4 A "whereas" statement will have to be included in the Ordinance that addresses the current language in the AACP regarding compliance or modification to the existing policy. 7 analysis has not deducted vacated right-of-ways or other physical features that may further reduce allowable densities or square footage. The total potential buildout shown at the bottom of the table assumes maximum residential or commercial development of each property. The existing buildout ceilings for free market homes are 192 total dwelling units, with an annual allocation of 4 units. Commercial development is held to a buildout of 400,000 sq?1are feet, with an annual allotment of 4,000 square feet in the Office (0) zone. Conversion of all todges to free market homes could result in the development of 82 dwelling units in the Aspen Metro area, which under existing GMQS ceilings would require nearly 20 years of annual allocations. Conversion to allowed office uses would result in 108,434 square feet of additional commercial square footage, requiring 27 years of annual allocations. Staff notes that it is unlikely that total conversion would ever occur, but it is also virtually impossible to precisely define either the total number or rate of potential lodge conversion,, . Changes necessary to facilitate the redevelopment of lodges would include the creation of a. separate pool for use by LP properties. This would have to include the establishment of allocation pools for commercial, residential and lodge expansion. Residential GMQS Quota Changes Total Units - Representations have been made in the past that ``only a few" lodges are interested in total conversion to free market dwelling units. Staff would suggest that the loss of more than 20 percent of the total units/pillows from the lodges zoned LP would represent a significant impact on tourist accommodations within the City, in terms of both numbers of accommodations and the availability of affordable tourist units in the City- Twenty percent of the total pillows within the LP zone district would be approximately 240, and twenty percent of total units ix,�o fld be approximately 98. The overall free market conversion rate, when averaged over all lodge units within differing zone districts; is approximately 6.0 lodge units per 1 free market dwelling unit (494 pillows/82 free market residences = 6.02). A starting point for total allowed conversion units based on this approach would allow for the creation of 16 units (98 lodgc units/6.02 lodges per 1 free market = 16) outside of the existing GMQS allotments. Gideon Kaufman has consistently argued that this number is too low to effectively allow lodges in need of immediate conversion to do so. An alternative percent that has been discussed is 35 percent, which would allow a total of 418 pillows or 172 units to be converted. Assuming the same conversion rate summarized above, the total number of units that could be created under this scenario would create approximately 28 free market units. Rate - The total rate of conversion is a method by which the City could control the pace of conversion, and allow for the review of the effectiveness and secondary impacts (i.e. community balance issues) of the revisions of the LP zone district. Due to the complexity of the LP issue; staff would suggest that a two year program be established, at which time these impacts could he assessed. Assuming a two year program and the 16 unit scenario, eight residential ayAis could be allocated per year. The 28 unit free-market scenario under a two-year program would allow 14 units a year. An alternative proposed by the applicant would allow a greater pool made of allocations ftor_I 1995 - 1997 be made available to allow lodges who want to convert the ability to due so as soon 0 as possible. Scenarios discussed include using a two-year pool of 16 units to allow immediate conversion, and the pool would return to eight the second year. Commercial/Office Quota Changes Rate and Total Square. Footage - A ceiling on commercial LP conversion is'more difficult than residential conversion due to the to the mixed use potential allowed under the provisions of the Office zone district. The current square footage limitation imposed by GMQS allows 4,000 square feet of net leasable commercial and office space in the Office zone. No commercial allocations have been requested for 1996. Staff would suggest that the same 4,000 square foot pool be established for LP conversion, and that the allocation be divided into a two year program. This would allow 4,000 square foot of conversion per year, for a total of 8,000 square feet. Lodge Expansion A particular concern on the part of the business community expressed during the roundtable was the loss of bed base. Staff notes that approximately 72 units have already been lost due to the use of small lodges for employee housing mitigation. With that said, staff would suggest that the integrity of the GMQS system would not be compromised if a number similar to the existing 11 units allowed for expansion purposes, and that a review be established as an exemption from competition. The pool available for these expansions would be created based on the free market/lodge conversion formula presented earlier. Once the pool was exhausted, competition would be required. Mitigation would be .addressed using the conversion methodology described earlier and the proposed change in use provisions. Process for Allocations An annual lottery would have to be established for lodges requesting conversion or expansion. Each lodge interested in conversion or expansion and selected in the pool would be allowed to go through the change in use process. Separate lotteries would be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottery would be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning. As the lottery progressed, a running total of potential units or commercial/office square footage would have to be kept. Once the total allowable conversion potential was reached, the lottery would stop. If the total number of units were not awarded through the change in use process, the units left would return to the pool for future allocation. Potential expansion units would be based on the conversion formula and the number of free market units approved by the Commission. This would require a lottery for lodge expansion after the completion of the change in use process for residential conversion. In order to prevent speculation or unit btanking, a lodge awarded allocations would be required to have an active building permit and . abandon the lodge use within 18 months of approval. If no such building permit was issuedl the units awarded would be returned to the pool and the lodge could not compete in the lottery for five years, or some other period of time suitable to the Commission. 2 Compliance with Standards for a Text Amendment: Section 26.92.020 of the Aspen Municipal Code describes the criteria by which the City Council shall consider a text amendment. Each of these criteria are summarized below, and include a response from staff regarding compliance. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: To staff s knowledge, no portions of the proposed amendments are in conflict with any portion of the municipal code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Commercial/Retail Action Plan included a policy to "Revise the Lodge Preservation Zone District to allow for a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community. " The proposed amendments and change in use provisions are based on requiring mitigation based on the differential impact between the existing and proposed use. In addition, the amendments would strengthen the existing lodge base by allowing expansion lodge units independent "of the full-blown GMQS system as other units were converted to other uses. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The provision for allowing LP properties to revert to underlying zoning would require that all conversions to other uses by consistent with the existing land use pattern and neighborhood characteristics. The change in use provisions include a requirement for both analysis and mitigation for all impacts associated with a conversion or expansion. D. The effect of the proposed amendment on traffic generation and road safety. Response: Both the expansion of existing lodges uses and the conversion to uses allowed in the underlying zone district would include an analysis and mitigation of increased traffic generation and impacts on road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: Both the expansion of existing lodges and the conversion to uses allowed in the underlying zone district would include an analysis of public service impacts. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. 10 Response: All existing lodges are located in the urbanized area of the City. In addition, impacts associate with individual projects would be assessed during the change in use and expansion - review process. G. Whether the proposed amendment is consistent with and compatible with the community character in the City of Aspen. Response: An analysis of neighborhood compatibility would be completed for each individual project. II Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: Not Applicable I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Response: Staff does not believe that the proposed amendments are in conflict with the public interest or the City of Aspen Land Use Code. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments. RECOMMENDED MOTION: "I move to recommend approval of the proposed amendments to City Council." Exhibits: A - LP Zone District Text B - R-63 R-15, R-15A, RMF and Office Zone District Text File Location: C:\HOME\DAVEM\CASES\LODGE\ZONEPZ2.DOC I 11 26.2g.200 Exhibit A D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Lodge (CL) zone district 1. Minimum lot size (square feet): 6,000 2. Minimum lot area per dwelling unit (square feet): No requirement 3. Minimum lot width (feet): No requirement 4. Minimum front yard (feet): No requirement 5. Minimum side yard (feet): No requirement 6. mum rear yard (feet): No requirement except trash/utility service area shall be required abutting allev. The dimensional requirement of the trash/utility service area shall be as follows unless reduced pursuant to Chapter 26.64: For up to 6.000 square feet of net leasable floor area within a building: An area a mum of 20 feet in length, measured parallel to the alley, with a minimum vertical clearance of 10 feet and a mi depth of 10 feet at round level. For each additional 1.200 square feet of net leasable floor area within a building, the minimum length measured parallel to the alley shall be increased by one (1) foot. 7. Maximum height (feet'): 2S (32 by special review pursuant to Chapter 26.64 S. Minimum distance bevveen principal and accessory buildings (feet): No requirement 9. Percent of open space required for building site: 25 10. External floor area ratio: 2:1 11. internal floor area ratio: No requirement E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Commercial Lodge (CT ) zone district subject to the provisions of Chapter 26.332. L. Lodge use: 0. 1 space;bedroom of which 0.2 space�bedroom may be provided via a pavmerit in lieu pursuant to Chanter 26.64: 2. Residential use: N/A - . k11 other uses: 2spaces/1.000 square feet of net leasable area which may be provided via a payment in lieu pursuant to Chapter 26.64. (Ord. No. 22-1995, § 6: Code 1971. 3 5-215) 6.25.210 Lodge Preservation (LP). A. Purpose. The purpose or Lodge odge Preservation (LP) zone district is to preserve existing 1od6es in their _-slating locations and to permit the limited expansion of these lodges when such expansions are compatible ,.vith neighboring properties and provide an incentive for upgrading of the existing lodge on -site or onto adjacent DMDeraeS. B. Permitted uses. The following uses are permitted as of right in the Lodge Preservation (LP) zone uisi lc�. 1. Lodge units: Lodge units having pre-existing kitchens: 3. Boardinghouse: 4 4. Dormitory; accessory use facilities intended for Quests of permitted lodge units. boarding house or dormitory, �.Lhich are commonly found in association with tourist accommodations and are for guests only, including offflc,2. lounge. kitchen. dining room, laundry and recreational facilities; 6. affordable housing for employees of the lodge: and 523 (Aspen 10.!95) 26.28.210 7. Accessory buildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Lodge Preservation (LP) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Restaurant included within a lodge operation serving guests and others: ?. Timesharing. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Lodge Preservation (LP) zone district. 1. Minimum lot size (square feet): No requirement Minimum lot area per dwelling unit (square feet): No requirement 3. Minimum lot width (feet): No requirement 4. Minimum front yard (feet): 10 - 5. Minimum side yard (feet): 5 6. Minimum rear vard (feet): 10 7. Maximum height (feet): 25 8. Minimum distance between principal and accessory buildings (feet): 10 9. Percent of open space required for building site: 35 10. External floor area ratio: Established by special review pursuant to Chapter 26.64, not to exceed 1:1 11. Internal floor area ratio: Lodge rental space: Maximum of 0.5 :1, which can be inc:-ased to 0. 7 5:1 internal FAR of lodge rental space provided 33 1/3% of the additional floor area is approved for mesidential.use restricted to affordable housing for emolovees of the lodge. Lodge nonunit space: Minimum of 0.25:1 E. Off-street parking requirement. The following off-street panting spaces shall be provided for each use in the Lodge Preservation (LP) zone district. subject to the provisions of Chapter 26.32. 1. Lodge use: 0.7 space;bedroom of which 0.2 space/bedroom may be provided via a payment in lieu pursuant to Chanter 26.64. �. Residential use: N/A All other uses: =1 spaces/1.000 square feet of net leasable area. (Ord. No. 4-1993. 1: Ord. No. 2:-1995. 3 6: Code 1971, 5-216) :6—"g.220 Conservation (C). - �. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density de .velopment to enhance public recreation. conserve natural resources. encourage the production of crops and animals. and to contain urban development B. P--rmiaed uses. The following uses are permitted as of right in the Conservation (C) zone district. 1.. Detached residential dwelling; 2. Park. playfield, playground and golf course; Riding stable; -�. Cemetery; Crop production, orchards. nurseries. flower production and forest land: 6. Pasture and syrazing land; 7. Dairy; S. Fishery; ;.9=--n i 0;"�<; 524 26.28.030 B. Amendment to zone district map. if purstiant to the terms of this title, amendments are made to the boundaries of the official zone district map. such amendments shall be --ritered on the official zone district map promptly after amendment C. Official zone district map. Regardless of the existence of purported cope of the official zone 'ct maD, which from time to time may be made or published. the official zone disuict map shall be locamd in the office of the planning agency. The official zone district map shall be the final authority as to the zoning of land jn the City of Aspen- (Code 1971, § 5-103) 6 2&040 Medium -Density Residential (R-6)- A. purpose. The purpose of the M. edium-Density Residential (R-6) zo e- district is vo provide areas for long mrm residential purposes with cus==7 a,rressory uses. Recreational rional a institlttional Y found in proximity to r=idennal uses are included as conditional uses. Lands in the Medium -Density Resid Mai (R-o) zone district are generally limiryd to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within waning dL<-L mce of the center or the civj. B. Pe -,mitred uses. The following uses are permitted as of right in the N4edium-Density Residential (R-6) zone district. 1. Demc ed residendai dwelling, i No detached residential dwellin?s on a lot of 9.000 square feet or greeter arm building and use• provided rhat all such buildings and storage areas are located � least 100 feet =om.^re-?xistirg dwellings on other lots; Home occucauoms, and �. Accessor; buildings and uses. C. C:,nditional uses. The following uses are ��� as conditional uses in the vledium-Density Residential (R-6) -Zone .iist;-ict. sublcc. to the standards and procedures established in G}aapter 26.60. :. Ocen use —c—anon site: �. ?,1oiic or private academic school; C'.1urc:.: ' . Group Nome: Day care center 6. Muse'=: por properties whl-sic:t contain a lustonc landmark bed and brea- boardin°house® and two (2) de�ac::ed rosidential dwellings or a duplex on a lot with a minimum area of 6,000 square fee- and Accessory dwelling units meeting the provisions of Section 26. 0,090. ing dimensional requirements shall apply to all permitted D. Dime:lsicnal requirements. The follow and conditional uses m d:e 'viedium-Densir; Residential (R-o) zone district- M, n' um jot size (square feet): 6.000 :. yIilv_murn tot area per dwelling unit (square feet): Decac::ed residential dwelling: 6.000 Duoiex: A duplex may be developed on a lot of 8,000 square feet rl was subdivided as of April 2S. 197:. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as of and annexed subs —.tent to January 1. 1989. Otherwise, the duplex must be developed with a minimum tot area of 4,j OO scu:.-r per dweiling urut unless the property contains a historic landmark, in whic:-1 case a duplex or two (_) de�aczed residential dwellings may be developed with a minimum to aic of 3,000 square fart per unit_ 2b?8.040 . Bed and breakfast. boardinghouse: No =IuiremenL . 3. Minimum lot width (feet): 60 4. Minimum front and reds' yard For principal buildings. the front and rear yard shall total no less than 30 feet, and the front yard and rear yard shall each be a minimum of 10 feez; provided, that the rear yard for that portion of a principal building used as a garage only shall be a minimum of 5 feet_ For accessory buildings. the front yard shall be a minimum of 15 feet, and the rear yard. shall be a minimum of 5 f=r_ For lots of 3,050 square feet or less, the front and rear yard shall total no less than 25 feet. 5. lWinimum side yard: - Lot Size Wmiinum Size for Total of Both Side (Square Feet) Each Side Yard(Feet) Yards (Feet) 0-4;00 5 10 feerT 4.5400-6.000 5 10 feet. plus 1 foot for eac.'a additional 300 square feet of Ior area.. to a maximum of 15 feet of total side yard- 6.000-8.000 5 15 fee, plus l foot for each additional �00 square fee, of lot area. to a m=,,imum of 2.5 fee[ of total side ears. 24 fee:. plus l foot for each additional 200 S.000-10,000 10 square feet of lot area. to a maximum of 35 feet oI total side yard. 10.000-- 15 35 feet, plus 1 foot for each additional 406 square feet of lot area, to a maximum of 50 f-,..'6 of total side yard. The following requirements shall apply on a lot annexed subsequent to January 1, 1989. Lot Size Minimum Size for Total of Both Side (Square Feet) Each Side Yard (Feet) Yards (Feet) 0—�.500 10 20 feel 7_500—t0,000 110 20 fee:. plus 1 foot for each additional 200 square feet of lot area. to a maximum of 32J fees of total side yard. 10,C00+ 15 32.5 feet. plus I. foot for each additional 400 square feet of lot area.. to a maximum of 50 feet of total side yard. 4-81 (om- ! ores) 26.28.04O For purposes of calcuiaring the minimum side yard setback for lots within the Hallam Lake M. zix ron® mentally sensinve Area (ESA), the area below the top of slor „ shall be subtracted from lot i�.a 6. Maximum site coverage: Lot Size (Square Feet) Maumum Site Coverage (%) 0-4,499 No limitation 4.�C0--6,p0O 50,70, minus 190 for each additional I5O square feet of IOE ama. to a maximum site coverage of 4O90 6,COO-9,000 40`.Do, minus 1O10 for each additional 300 square feet of lot area. to a maximum site coverage of 3O90 9.000�-11000 3O9o, minus 1% for each additional 600 square feet of lot area., to a maximum site coverage of ' 57o ?< 70minus I75 ah for . additional .r0O square fzeb of Iot are to a maximum site coverage of =090 _Maximum height (ferr): P-�mmnal building: Accessory building: 1 on front 2J3's of lot. 12 on rear 1/3 of IoL 3. Minimum distance between detached buildings on the lot (fert): 9. Pe _err of oven space itquired for building site: No requirement floor area r-ario (applies to coniorming and nonconformin; lots of record), Lot Size Detached Residential ;allowable Square Feet* Dwellings (Square Feet) 0-3.C-00 80 square feet of floor area for each 1Cd in for area. up to a maximum of 2.400 square feet of floor area. _ 4W square fe®t of floor area. plus 'IS square fe--j of floor 3xea for each addidenal.100 square fere in lot area. up co a maximum of I.40 square feet of floor area 6,CCO-9;CCo ).240 square feet of floor area. plus 14 square feel of floor area for each additional 100 square feet in lot area, up to a maximum of 3.660 square feet of floor area. c,k=© : o� 4 8 Z � Ej Lot Size Detached Residential allowable Square Feet* Dwellings (Square Feet) 9.000--15.000 3,660 square feet of floor area. plus 6 square feet of floor area for each additional 100 square feet in lot area., up to a maximum of 4,0-0 square feet of floor area. 15,000-50,000 4.020 square feet of floor area, plus 5 square feet of floor area for each additional 100 square feet in lot area. up to a maximum of .5,770 square feet of floor area. 50,000+ 5,770 square feet of hoot area. plus 2 square feet of floor area for each additional 100 square feet in lot area. *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between. 6.rGOO and 9.000 square feet containing a historical landmark shall not exceed the floor area allowed for one detached -esidential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square reef or gmarer shall not exceed tt�e floor area allowed for one duoiex. Lot Sizp Duplex Allowable Square Feet* (Square Feet) 4-3,000 90 square feet of Poor area for each 1C0 square feet in lot area. up to a maximum of 1700 square- feet of floor area.. r—,6.�0 2,700 square feet of 1oor are pius �0 square feet of loot area for each additional 100 square feet in lot area., up to a maximum of 3,600 square fee: of floor area. S.C�C--9,000 3,600 squ. -e-e feet of floor area. plus 16 square feet of floor area for each additional 100 square feet :n lot area. up to a maximum of 4,080 square feet of floor area. 9,CCO--15,000 4,080 square feet of floor ar;,a, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,-UO square feet of floor area. t ' ; fl4-50,000 4,440 square feet of ;leor area. plus 5 square feet of floor area I for each additional 100 square feet in lot area, up to a maximum of 6.190 square feet of floor area. 50,C00-+- 6,190 square feet of floor area, plus 3 square feet of floor area for each additional 100 square feet in lot area. 483 (Aspcn to,vs *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9.000 square feet containing a historical landmark shall not exceed the floor area allowed for one detached residential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. 11. Internal floor, area ratio: No requirement. E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Medium -Density Residential (R-6) zone district, subject to the provisions in Chapter 26.32. 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Chapter 26.64 for historic landmarks only. ?. Lodge uses: Requires special review pursuant to Chapter 26.64. �. .All other uses: Requires special review pursuant to Chapter 26.64. (Ord. No. 47-11 988, § 2; Ord. No. 11-1989, §§ 1, 2; Ord. No. 71-1990, § 2: Ord. No. 53-1993. § 2; Ord. No. 22-1995, § 6: Code 1971. § 5-?01) L22 6 �0551 0 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 aninstitutional uses customarily round in proximity to residential uses are included as conditional uses. Inds in the Moderate-Densicy Residential (.R- 5) zone district typically consist of additions to the Aspen Townnsite and subdivisions OD flee periptrer-r of tine city. Lands within the Townsite which 'corder aspen Mountain are also included in the Moderate -Density R:sidentiai (R-15) zone disuicr. B. Permitted uses. The following uses are permitted as of tight in the Moderate -Density Residential zone district. Detached residential dwelling; �. Duplex; �. Farm buildings and uses, provided that all such buildings and storage areas are located at least 10U fee. �om pre-zxisang dwellings on other lots; Home occupations; and 5. Accessory buildings and uses. 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 proc:cdures established in Chapter 26.60. i . Open use recreation site; =. Public or private academic school; _. Church, Group home, Day care center, 6. vfuseum: Lodge, where indicated by designation as a Lodge Overlay District (L) pursuant to Section 26.28.310; S. For properties which contain a historic landmark: bed and breakfast; boarding house; and two detached esidendal dwellings or a duplex on a lot with a minimum area of 15,000 square feet; and 9. Accessory dwelling units meeting the provisions of Section 26.40.090. D. Dimensional requirements. The following dimensional_ requirements shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-15) zone district .484 26.28.050 1. Minimum lot size (square feet): 15,000 2. Minimum lot area per dwelling unit (square feet): Detached residential dwelling: 15,000 Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling unit. unless the property contains a historic landmark, in which case a duplex or two detached residential dwellings may be developed with a minimum lot area of 7,500 square feet per unit. Bed and breakfast. boardinghouse: No requirement 3. Minimum lot width (feet): 75 4. Minimum front yard (feet): Residential dwellings: 25 Accessory buildings and all other buildings: 30. 5. Minimum side yard (feet): 10 6. Minimum rear yard (feet): All buildings except residential dwellings and accessory buildings: 20 Residential dwellings: 10 Accessory buildings: 5 7.. Maximum height (feet): 25 8. Minimum distance between detached buildings on the lot (feet): 10 9. Percent of open space required for building site: No requirement 10. External floor area, raho (applies to conforming and nonconforming lots of record): Lot Size Detached Residential Allowable Square Feet` Dwellings (Square Feet) . 0-3.000 80 square feet of floor area for each 100 in lot area, up to a maximum of 2,400 square feet of floor area. _ 3,000-9,000 ?.400 square feet of floor area. plus 28 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,080 square feet of floor- area_ 9,000-15,000 4,080 square feet of floor area. plus 7 square feet of floor area for each additional 100 square feet in lot area, up to.a maximum of 4,500 square feet of floor area_ 15.000-50.000 4,500 square feet of floor area. plus 6 square feet of floor area for each additional 100 square feet in lot area. up to a maximum of 6,600 square feet of floor area. 50,000+ 6.600 square feet of floor area, plus 2 square feet of floor area for each additional 100 square feet in lot area.. 485 (Asvca 10195) 26.28.050 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20,000 square feet containing a historical landmark shall not exceed the floor area, allowed for one detached residential dwelling. Lot Size Duplex Allowable Square Feet* (Square Feet) 0_31,000 90 square feet of floor area for each 100 square feet in lot area, up to a maximum of 2,700 square feet of floor area. 3,000._9,000 2.700 square feet o--i floor area, plus 30 square feet of floor area for each additional 100 square feet in lot area. up to a maximum of 4,500 square feet of floor area - a 4,500 square feet of floor area, plus 7 square feel of door area for each additional 100 square feet in lot -area. up to a maximum of 4,920 squaw feet of floor area. 15.004-50,000 4.920 square feet of floor area.. plus 6 square feet of floor area for each additional 100 square feet in lot area. up to a maximum of 7,020 square feet of floor area. 50.000-- 7,020 square feet of floor area, plus 3 square feet of rZoor area for each additional 100 square feet in lot area. :"Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20.000 square feet containing a historical landmark shall not exceed the floor area allowed for one detached -residential dwelling. 11. Internal floor area ratio: No requirement E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Moderate -Density Residential (R-15) zone district, subject to Glee provisions of Chapter 26.32. 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Chapter 26.64 for historic landmarks only. 2. Lodge uses: Requires special review pursuant to Chapter 26.64. 3. Ail other uses: Requires special review pursuant to Chapter 26,64. (Ord. No 47-1988. § 2; Ord. No. 6-1989. § 4; Ord: No. 53-1993, § 3; Ord. No. 22-1995, § 6: Code 1971, § 5-202) 26. S.060 Moderate -Density Res; dential (R-15A). 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 itutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate -Density Residential (R-15 A) 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. 486 26.28.060 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; �. Farm buildings and use. provided that all such buildings and storage areas are located at least 100 feet from pre-existing dwellings on other lots: 4. Home occupations; and 5. accessory buildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate -Density Residential (R-15a) zone district. subject to the standards and procedures established in Chapter 26.60. 1. Open,use recreation site; 2. Public and private academic school; Church: 4. Group home; Day care center, 6. Museum, and 7. accessory dwelling units meeting the provisions of Section 26.=10.090. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and condidonai uses in the Moderate -Density Residential (R- i 5 a) zone district. Minimum lot size (square feet): 15,000 �. Minimum lot area per dwelling unit (square Detached residential dwelling: 15.000 Duplex: A duplex may be developed on a lot of 15.000 square feet that was subdivided as Of .-koril 2S, 1975. Othenvise the duplex must be developed with a minimum lot area of I0.000 square feet cer dwelling unit. Minimum lot width (feet): 75 =. A minimum front yard (feet): Residential dwelling: =5 accessory buildings and ail other buildings: 30 Minimum side yard (feet): 1.0 6. Minimum rear yard (feet): All buildings except residential dwellings and accessory buildings: 20 Residential dwellings: 10 accessory buildings: 5 7. viaximum height (feet): 25 S. Minimum distance between principal and accessory buildings (feet): 10 9. Percent of open space required for building site: No requirement 10. External Boor area ratio (applies to conforming and nonconforming lots of record): 487 (Amcn 10195) 26.28.060 Lot Size Detached Residential Allowable Square Feet* Dwellings (Square Feet) 0_3,000 80 square feet of floor area for each 100 in lot area. up to a maximum of 2,400 souare feet of floor area. 1,000_9,000 2,400 square feet of floor area, plus 28 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,080 square feet of floor area. 9,000-15,000 4.080 square feet of floor area. plus 7 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4500 square feet of floor area, 15.000--50,000 4,500 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 6,600 square feet of floor area. 50,000+ 6,600 square feet of floor area, plus 2 square feet of floor area for each additional 100 square feet in lot area. Lot Size Duplex (Square Feet) Allowable Square Feet 0-3,000 90 square feet of floor area for each 100 square feet in lot area.. up to a maximum of 2,700 square feet of floor area. 3.000--9.000 2.700 square feet of floor area, plus 30 square feet of floor aria for each additional 100 square feet in lot area. up to a maximum of 4,500 square feet of floor area- 9 000__15.000 4.500 square feet of floor area plus 7 square feet of floor area for each additional 100 square feet in lot area, up to a m of 4,920 square feet of floor area. 15,000-50,000 4.920 square feet of floor area, plus 6 square feet of floor area for each additional 100 squaw: feet in lot area. up to a maximum of 7,020 square feet of floor area- -5/ 0. ODG+ 97.020 square feet of floor area. plus 3 square feet of floor area' , for each additional 100 square feet in lot area. (A=-,r-- ! 0/95) 488 26.28.060 11. Internal floor area ratio: No requirement E. Off-street parking requirement. The following off-street oa.rking spaces shall be provided for each use in the Moderate -Density Residential (R-15A) zone districL subject to the provisions of Chapter 26.32. 1. All residential uses: 1 space;bedroom 2. Lodge uses: N/A All other uses: Requires special review pursuant to Chanter 26.64. (Ord. No. 47-1988, § 2; Ord. No. 6-1989, § 4; Ord. No. 53-1991 § 4: Ord. No. 22-1995, § 6: Code 1971, § 5-203) 26-28-070 Moderate -Density Residential (R-15B). A. Purpose. The purpose of the :Moderate -Density Residential (R-15B) zone-disncct is to provide areas for Iona term residential purposes with customary accessory uses. Lands in the Moderate -Density Residential (R-15B) 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 followina uses are permitted as of right in the Moderate -Density Residential (R-15 B) zone district 1. Detached residential dwelling; ?. Farm buildings and uses, provided that all such buildings and storage areas are located at least 100 feet from pre-existing dwellings on other lots: �. Home occupations; and s. 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 Chanter 26.32: None. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the `✓tode;u.*e-Density Residential (R-=5B) zone district. 1. M,=i urn lot size (square feet): 15.000 Minimum lot area per dwelling unit (square feet): Detached residential dwelling: 1 5,000 Minimum lot width (feet): 75 4. Minimum front yard (feet): All buildings: 30 Minimum side yard (feet): All buildings: 5 6. Minimum rear yard (feet): Residential dwellings and all non -accessory buildings: 10 Accessory buildings: 5 7. Maximum height (feet): 25 S. Minimum distance between principal and accessory buildings (feet): No requirement 9. 1 Percent of open space required for building site: No requirement G 10. External floor area ratio (applies to conforming and nonconforming lots of record): 489 (Aspen 10195) 26.28.170 Studio: 1.000 1 bedroom: 1,200 2 bedroom: 2.000 3 bedroom: 3.000 Units with more than 3 bedrooms: One (1) bedroom per 1.000 square feet of lot a. For accessory dwelling units on lots more than 9,000 square feet. the following square feet requirements apply: Studio: 1,000 I bedroom: 1,250 2 bedroom: 2.100 3 bedroom: 3,630 units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. 3. ?Minimum lot width (feet): .10 4. Minimum front yard (feet): 10 5. Minimum side yard (feet): 5 6. Minimum rear yard (feet): 5 7. -Maximum height (feet): 28 (increasable to 32 by special review pursuant to Chapter 26.64) S. 'Minimum distance between principal grid accessory buildings (feet): No requirement 9. Percent of open space required for building site: 25 10. External floor area ratio: 1:1 11. Internal floor area ratio: No requirement E. Off-street parking requirement. The following off-�ceet parking spaces shall be provided nor e4cl use Ln the Neighborhood Commercial (NC) zone district, subject to the provisions of Chapter 26.32. I. all residential uses: 1 space/bedroom Lodge uses: N/A 3. all other uses: 4spaces/1.000 square feet of net leasable areas (Ord. No. 47-1988. § 8: Ord. No. 56-1994. §8; Ord. No: ' 2-1995. § 6: Code 1971, § 5-212) —__ 26.28.180 Office (0). A. Purpose. The purpose of the Office (0) zone district is to provide for tie establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas. and commercial uses along Main Stre®t and otr:e: high volume thoroughfares. B. Pcrmitted uses. The, following uses are permitted as of right in the Office (0) zone district. 1. Detached residential dwellings and multi -family dwellings; Professional business offices; _. accessory residential dwellings restricted to affordable housing guidelines; 4. Home occupations; ti 5. Group homes: 6. accessory buildings and uses; ' 7. Dormitory; and 515 (Aspen 10195) 26.2S.180 S. A mixed -use building(s) comprised of a residential dwelling unit and permif ed and conditional' uses in the Office (0) zone district so long as such conditional use has been approved subject to the standards and procedures established in Chapter 26.60. C. Conditional uses. The following uses are permitted as in the Office (0) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Only for those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instnunents), music studio, restaurant, shop craft industry, visual arts gallery; provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off -sweet parking is provided, with alley access for those conditional uses along Main Street; . 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Two (2) detached residential dwellings or'a duplex on a lot containing a historic landmark with a minimum area of 6.000 square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the two dwellings. In the altema.tive, both may be flee market units if an accessory dwelling unit shall be provided for each unit; 4. Day care center, Commercial parking lot or parking stnlctum that is independent of required off-street parking, provided that it is not located abutting Main Street; 6. Reserved; 7. accessory dwelling units. meeting the provisions of Section 26.40.090; and S. Health and fitness facility- D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Office (0) zone district: 1. Minimum lot size (square feet): 6.000 Minimum lot area per dwelling unit (square feet): Detached residential dwelling: 6,000 Duplex: 3,000 per unit For multi -family dwellings on lot between 6,000 and 9,000 square feet, the fallowing square feet requirements apply: Studio: 1,000 l bedroom; 1.100 2 bedroom: 2.000 3 bedroom: 3.000 Units with more than 3 bedrooms:, Olie (1) bedroom per 1.000 square feet of lot area., For multi -family dwellings on lot of more than 9,000 square feet, the following square feet requirements appl v: 516 26.28.180 Studio: 1,000 1 bedroom, 1,250 2 bedroom: 2.100 3 bedroom: 3,630 Units with. more than 3 bedrooms: One (1) bedroom per 1®000 square feet of lot area. For multi -family dwellings on a lot of 27,000 square feet or less, when at least fifty percent (50%) of the units built on -site are restricted as affordable housing, the following square feet requirements apply: Studio: 500 1 bedroom: 600 2 bedroom: 1.000 3 bedroom: 1.500 Units with more than 3 bedrooms: One (1) bedroom per 500 square feet of lot area. For multi -family dwellings on a lot of 27,000 square feet or less, when one hundred percent (100%) of the units built on -site are restricted as affordable housing, the following square feet requirements apply: Studio: 300 1 bedroom: 400' 2 bedroom: 800 3 bedroom: L200 Units with more than 3 bedrooms: One (1) bedroom per 400 square feet of lot area.. �. Minimum lot width (feet): 60 4. Minimum front vard (feet): Principal building: 10 :accessory building: 10 5. ?vlinimum side yard (feet): 5 6. Minimum rear yard (feet): Principal building: 15 - Accessory building: 15 7. Mammum height (feet): Principal building: 25 Accessory building: 21 on front 2/3's of lot. 25 on rear 1/3 of lot 8. Minimum distance between buildings on tale lot (feet): 10 9. Percent of open space required for building site: No requirement 10. External floor area ratio (applies to conforn7ing and nonconforming lors of record): DETACHED RESIDENTIAL DWELLINGS Lot Size (Square Feet) Allowable Square Feet 0-3,00C 80 square feet of floor area for each 100 in lot area. up to a maximum of 2.400 square feet of floor area.. 517 (.gym 10r95) 26.28.180 Lot Size (Square Feet) Allowable Square Feet 3,000-6,000 2,400 square feet of floor area, plus 28 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 3,240 square feet of floor area. 6,000-9,000 3,240 square feet of floor area, plus 14 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 3,660 square feet of floor area. 9,000-15,000 3,660 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,020 square feet of floor area. 15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 5,770 square feet of floor area. 50.000+ 5,770 square feet of floor area, plus 2 square feet of floor area for each additional 100 square feet in lot area. DUPLEX Lot Size (Square :Feet) Allowable Square Feet 0-3.000 90 square feet of floor area for each 100 square feet in lot area, up to a maximum of 1.700 square feet of floor area. 3,000--6.000 2,700 square feet of floor area, plus 30 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 3,600 square feet of floor area_ 6.000-9,000 3,600 square feet of floor area, plus 16 square feet of floor area for each additional 100 square feet in Iot area, up to a maximum of 4,080 square feet of floor area. 9.000-15,000 4,080 square feet of floor area, plus 6 square feet of floor area ' for each additional 100 square feet in lot area, up to a maximum of 4,440 square feet of floor area. io/9s) 518 26.28.180 Lot Size (Square Feet) Allowable Square Feet 15,000-50,000 4.440 square feet of floor area. plus 5 square feet of floor ,jr-ea for each additional 100 square feet in lot area, up to a maximum of 6.190 square feet of floor area_ 50,000+ 6,190 square feet of floor area. plus 3 square feet of floor area for each additional 100 square feet in lot area. All uses other than detached residential and duplex dwellings: 0.75:1; howeve.-, the 0.75:1 external floor area ratio may bt-- increased to 1:1 by special review pursuant to Chapter 16.64. 11. Internal floor area ratio: 0.75:1. increasable to 1:1; however, if the external floor area ratio is increased by special review pursuant to Chapter 26.64. then sixty (60) percent of the additional floor area must be approved for residential use restricted to affordable housing. E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Office (0) zone district. subject to the provisions of Chapter 26.32. 1. All residential- uses: 1 space/bedroom. fewer spaces may be provided by special review pursuant to C:Zapter 26.64, for historic landmarks only. 2. Lodge uses: N/A . 1. All other uses: 3 spaces/1.000 square feet of net leasable area: these spaces may be mitigated via a payment in lieu of off -site parking that is approved by the commission by special review pursuant to Chapter 26.64. (Ord. No. 47- t988. §§ 2. 5. 7, 16: Ord. No. 6-1989. § 4; Ord. No. 7-1989. § 1: Ord. No. 1 i I c 8c § Ord. No. 35-1992, § 1; Ord. No. 60-1992, § 1; Ord. No. '19-1995. § 2, Ord. No. -1995, § 6: Code i971. § i-213) - 26.28.190 Lodge/Tourist Residential (L/TR). A. Purpose. The purpose of the Lodge,"Tourist Residential (L/1 R) zone distract is to encourage co c- on - and renovation of lodges in the'area at the base of Aspen Mountain and to allow construction of tourist -oriented detached, duplex and mutti-family residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist Residential (-L/ ) zone district. 1. Lodge units; 2. Boardinghouse: Hotel: 4. iN1ulti-family dwellings: 5. Detached residential or duplex dwellings. only on lots of 6.000 square feet or less: 6. Dining rooms. customary accessory commercial uses laundry and recreational facilities located on the same site of and for gut-sts of lodge units. boardinghouses, hotels and dwelling units: 7. Accessory residential dwellings restricted to affordable housing guidelines; and S. Accessory bujildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Lodge/Tourist Residential (L/TR) zone district. subject to the standards and procedures established in Chapter 26.60. 519 (Aspen 10195) -MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Dave Michaelson, Deputy Director . RE: Proposed Changes to ADU Program DATE: July 31,1996 Summary: Staff from Community Development and the Housing Office have held several work sessions with the Commission regarding - the outcome of the ADU survey conducted in early 1996. The Commission clearly directed staff to propose specific amendments to the existing ADU program to encourage a greater participation by homeowners choosing this option rather than paying a cash -in -lieu per Ordinance 1. Staff have proposed several amendments for the Commission's consideration. The procedural requirements for a code change require public hearings before both the Commission and Council. Staff requests that the Commission approve the conceptual changes, and direct staff to establish a public hearing date at the next possible Commission meeting. Intent of Proposed Changes: Based on the outcome of the survey and work sessions with the Commission, staff has framed the proposed changes to address the following issues: l . Low utilization rates for working residences; 2. Livability issues regarding sub -standard units; 3. Parking standards placing a burden on the existing nieghborhood. Proposed Changes: The modifications to existing regulations have been based on simple, implementable changes to the existing ADU regulations, and are summarized in redline format. The most significant proposed change would modify how the FAR bonus would be applied to individual applications. Currently, a 250 square foot bonus, or 50% of the ADU whichever is less, is given to above -grade units. Although the above -grade units are eligible for a bonus, the residual FAR is subtracted from allowable FAR. How this is currently calculated is shown on Table 1. Table 1 Current FAR Bonus for Above -Grade ADUs ADU Square Footage FAR Bonus Square Footage A�aplied 300 150 sq. ft. 150 sq. ft.. 400 200-sq. ft. 200 sq. ft. 500 250 sq. ft. 250 sq. ft. 600 250 sq. ft. 350 sq. ft. 700 250 sq. ft. 450 sq. ft. The current approach ties FAR to the location of the unit. An alternative approach proposed by staff would connect an FAR bonus to occupancy. For example, an FAR bonus would only be given to units that are both deed restricted, and registered with the Housing Office and included within the pool. The owner would still retain the ability to select a tenant, either independently or with assistance from the Housing Office. A proposed FAR bonus based on this approach, is summarized below within the code revision. Staff is suggesting that the bonus be incroased to 350 square feet, to encourage larger units. In addition, below -grade ADUs are exempt frorn FAR calculations, so the proposed bonus should encourage above -grade units to take advantage of the bonus. Redlined Code Amendments 26.40.090 Accessory Dwelling Units A. General Provisions. I. Accessory dwelling units shall contain not less than (300) square feet of net livable area and not more than seven hundred (700) of net livable area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence, shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. 'a bedrooms - additional n-it{�� 'space shall e required foF-eeach.�d itiona 1.io (2) bedrooms in the- __ ne I parking space shall be provided on -site for each studio unit and for each bedroom withi�a one - or two -bedroom accessory dwelling unit. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. 3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, excepting parcels with existing structures to be convc reed to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R- 15B zone district. 4. An attached accessory dwelling unit shall utilized alley access to the extent practical. B. Development Review Standards. The review standards for a detached accessory dwelling unit are as follows: l . The proposed development is . compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood" and assuming year -around occupancy, shall not create a densily pattern inconsistent with the established neighborhood; 2. Where the proposed development varies from the. dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: 2 a. Minimum front and rear yard setbacks; b. Minimum distance between buildings on the lot; C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units; d. The side yard setback shall be a minimum of three (3) feet; e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed six -tee (I 6) eighteen 418� feed. On Landmarked Designated Parcels and within the Historic Overlay District the HPC shall have the ability to make such height variations; f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC. shall have the ability to make such site coverage variations; g. In the case where the proposed detached accessory dwelling unit in located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B). 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from Section 26.40.070 (13)(2)(a-g) provided that the nonconformity is not increased. 4. Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. D. GMQS/Replacement Housing Credits. Accessory dwelling units shall no be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." t Several discussions have taken place regarding the physical constraints regarding the 16' limitation for conversion of older (often times historic) outbuildings to ADUs consistent with the Cottage In -Fill Program. A minor change to 18' should address problems with ceiling heights on the second story of outbuildings. 3 E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: the allowable floor area of an above attached accessory dwelling unit shall be excluded to a maximum of two h..ndfea fifty (2W three hundred fifth 350 square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housingoffice, ffice, and rented to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. Additional Steps to Encourage Occupancy: The proposed bonus for occupied units does not address the 80+ units currently constructed. The Housing Office has recommended that the City investigate a private property management service to contact owners of unoccupied units and offer management services to encourage rental of these units. This is an approach that is non - regulatory, and may capture a significant number of unrented units of out-of-state owners without additional governmental intervention. M