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ORDINANCE NO. 27
(SERIES OF 2006)
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AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
CODE AMENDMENTS TO SECTIONS 26.71O.090(10)(a) AND (b), FLOOR AREA
RATIO (FAR) OFTHE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, Dan Coleman represented by Eric Cohen has submitted an
application for an amendment to Title 26, the City of Aspen Land Use Code to amend
Section 26.71O.090(lO)(a) and (b), Floor Area Ratio (FAR) of the Residential Multi-
Family (RJMF) zone district, to allow a non-historic detached residential or duplex
dwelling on a non-conforming lot of 5,000 sq. ft. or less land one Historic Transferable
Development Right (TDR); and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution recommend that City Council approve, approve with
conditions, or deny a Code Amendment application, after considering a recommendation
by the Community Development Department and taking and considering public
comments; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and public
testimony on the proposed Code Amendment; and,
WHEREAS, during a public hearing on June 6, 2006, the Planning and Zoning
Commission did not approve Resolution No. 22, Series of 2006, by a four to one (4-1)
vote, and recommends that that the City Council deny the land code amendment to
amend Sections 26.71O.090(lO)(a) and (b), Floor Area Ratio (FAR) of the Residential
Multi-Family (RJMF) zone district to allow a non-historic detached residential or duplex
dwelling on a non-conforming lot of 5,000 sq. ft. or less land one Historic Transferable
Development Right (TDR); and,
WHEREAS, the Aspen City Council has reviewed and considered the code
amendments under the applicable provisions of the Municipal Code as identified herein, has
taken public testimony, and heard the recommendations ofthe Planning and Zoning
Commission and Community Development Director on August 14, 2006, 2006; and,
WHEREAS, the City Council finds that the Code Amendment proposal meets or
cxceeds all applicable amendment standards and that the approval of the Code Amendment,
is consistent with the goals and elements of the Aspen Area Community Plan; and,
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WHEREAS, the Aspen 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:
Section 1:
Section 26.710.090 (lO)(a) of the Municipal Code, which section set forth the allowable
tloor area for detached residential and duplex dwellings when the use was established
prior to the effective date of Ordinance No. 27, Series 2004, in the Residential Multi-
Family zone district be amended to read as follows:
Land Use Code Section 26.710.090(D)(a) and (b), Floor Area Ratio (FAR)
a. Detached residential and Duplex dwellings established prior to the adoption
of Ordinance 27, Series of 2004: 100% of the allowable tloor 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 except in the case of a lot of
less than 5,000 square feet. In this circumstance an Aspen Historic
Transferable Development Right certificate may be extinguished pursuant to
Section 26.535, Transferable Development Rights, and shall allow an
additional 250 square feet of Floor Area. No more than one Floor Area
increase shall be allowed per property. Properties listed on the Inventory of
Historic Sites and Structures shall not be eligible for this Floor Area increase.
Non-conforming uses and structures shall not be eligible for this floor area
Increase.
Section 2:
Section 26.710.090 (lO)(b) of the Municipal Code, which section set forth the allowable
floor area for detached residential and duplex dwellings when the use was established
after the effective of Ordinance No. 27, Series 2004, in the Residential Multi-Family zone
district be amended to read as follows:
b. Detached residential and Duplex dwellings established after the adoption of
Ordinance 27, Series of 2004: 80% of the allowable floor 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 additional floor area
except in the case of a lot of less than 5,000 square feet. In this circumstance
an Aspen Historic Transferable Development Right certificate may be
extinguished pursuant to Section 26.535, Transferable Development Rights,
and shall allow an additional 250 square feet of Floor Area. No more than one
Floor Area increase shall be allowed per property. Properties listed on the
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Inventory of Historic Sites and Structures shall not be eligible for this Floor
Area increase. Non-conforming uses and structures shall not be eligible for
this floor area increase.
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 remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office ofthe Pitkin County Clerk and Recorder.
Section 5:
A public hearing on this ordinance shall be held on the 24th day of July 2006 and continued
to August 14th, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of _,2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
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