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HomeMy WebLinkAboutordinance.council.009-07 ORDINANCE No.9 (Series of 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.090 - RESIDENTIAL MULTI-FAMILY (RMF) ZONE DISTRICT; AND, 26.710.100-RESIDENTlAL/MULTI-FAMILY A (RMFA) ZONE DISTRICT. WHEREAS, the City Council of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to multi-family development, pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to the following Chapters and Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.710.090 - Residential Multi-Family (RMF) Zone District 26.710.100 - Residential Multi-Family (RMF A) 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 Commis- sion at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the long-term economic sustainability of Aspen depends upon the continued economic success and aesthetic attractiveness of multi-family residential buildings and districts; and, WHEREAS, in order to encourage a continued social vitality of multi-family residential areas and a long-term sustainability of the local economy certain development incentives are available for free-market residential development upon provision of additional affordable housing development; and, WHEREAS, as an additional means of encouraging a social liveliness and high year- round occupancies, a maximum residential unit size has been implemented; and, WHEREAS, the Community Development Director recommended approval of the pro- posed amendments, as described herein; and, WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan, which in part calls for: o The focusing of growth towards already developed areas and away from undeveloped areas sur- rounding the city by intensification ofland uses within the downtown. o The retention of existing residential occupied residential units. o The rejuvenation of aging residential properties. o The preservation of historic resources through the transfer of development rights. Ordinance No.9, Series of2007. Page 1 . The development of multi-family projects with housing opportunities for locals. . The development of affordable housing in locations supported by the "Interim Aspen Area Hous- ing Plan Guidelines" (incorporated as part of the 2000 AACP). . An emphasis on the quality of development as opposed to just the quantity of development. . A balance between the community and the resort aspects of Aspen. . The long-term sustainability of the local social and economic conditions of Aspen; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on March 27, 2007, and April 2,2007, took and considered public testimony and the recommendation of the Community Devel- opment Director and recommended, by a four to zero (4-0) 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, as described herein. 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 identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval ofthe 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 26.710.090 - Residential Multi-Family (RMF) Zone District, which section regulates development within the Residential Multi-Family Zone District, shall read as follows: 26.710.090 Residential Mnlti-Family (RMF). A. Purpose. The purpose ofthe Residential Multi -Family (RMF) zone district is to provide for the use ofland for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi -Family (RMF) zone district are typically those found in the As- pen Infill Area, within walking distance ofthe center ofthe City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi-Family (RMF) zone district: 1. Detached residential dwelling. Ordinance No.9, Series of2007. Page 2 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmark properties: Bed and Breakfast. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi- Family (RMF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Arts, Cultural, and Civic Uses. 2. Academic Uses. 3. Recreational Uses. 4. Group home. 5. Childcare center. D. Dimensional requirements. The following dimensional requirements shall apply to all permit- ted and conditional uses in the Residential Multi-Family (RMF) zone district: 1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section 26.480.030 A.4., Historic Landmark Lot Split: Three thousand (3,000) 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 A.4., Historic Landmark Lot Split: Thirty (30). 4. Minimum front vard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 5. Minimum side vard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 6. Minimum rear vard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 7. Maximum height (according to densitv) (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family-parcel density less than one unit per 1,500 square feet oflot area: 25. c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet oflot area: 32. Ordinance No.9, Series of 2007. Page 3 8. Minimum distance between buildings on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: No requirement. (Building and fire codes may apply.) 9. Public amenitv space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): This sub-section applies to each type of use, according to density and applies to conforming and nonconforming lots of record. a. Existing Detached residential and Duplex dwellings: 100% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See Section 26.710.040 - R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not permit additional floor area for detached residential and duplex dwellings. b. New or Replacement after Demolition Detached residential and Duplex dwellings: 80% ofthe allowable floor area of an equivalent-sized lot located in the R6 zone dis- trict. (See Section 26.710.040 - R6 Zone District.) City of Aspen Historic Transfer- able Development Rights shall not permit additional floor area for detached residen- tial and duplex dwellings. c. Multi-Family - parcel density ofless than one unit per 1,500 square feet oflot area: .75:1. d. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet oflot area: 1.25: 1. e. Multi-Family - parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5: 1. 11. Maximum multi-familv unit size (square feet): For properties in the Aspen Infill Area, 2,000 sq. ft. of net livable area. For properties outside the Aspen Infill Area, 2,500 sq. ft. of net liv- ab I e area. a. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: (1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is pur- chased. (2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area for properties within the Aspen Infill Area and 3,000 sq. ft. of net livable area for properties outside the Aspen Infill Area (i.e., no more than 500 additional square feet may be applied per unit). (3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. Section 2: Ordinance No.9, Series of2007. Page 4 Section 26.710.100 - Residential Multi-Family (RMF) Zone District, which section regulates devel- opment within the Residential Multi-Family Zone District, shall read as follows: 26.710.100 Residential Multi-Family-A (RMFA). A. Purpose. The purpose ofthe Residential Multi-Family-A (RMF A) zone district is to provide for the use ofland for intensive long-term residential purposes, with customary accessory uses. Recrea- tional and institutional uses customarily found in proximity to residential uses are included as condi- tional uses. Lands in the Residential Multi-Family-A (RMF A) zone district are typically those found in the Aspen Infill Area, within walking distance of the center ofthe City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi-Family-A (RMF A) zone district: 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmark properties: Bed and Breakfast. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi- Family-A (RMFA) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Arts, Cultural, and Civic Uses. 2. Academic Uses. 3. Recreational Uses. 4. Group home. 5. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permit- ted and conditional uses in the Residential Multi-Family-A (RMFA) zone district: 1. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For Historic Landmark properties: 30 4. Minimum front vard setback (feet): Ordinance No.9, Series of2007. Page 5 a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 5. Minimum side vard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 6. Minimum rear vard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 7. Maximum height (according to densitv)(feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family - parcel density less than one unit per 1,500 square feet oflot area: 25. c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet oflot area: 32. 8. Minimum distance between buildings on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: No requirement. (Building and fire codes may apply.) 9. Public Amenitv space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): This sub-section applies to each type of use, according to density and applies to conforming and nonconforming lots of record. a. Existing Detached residential and Duplex dwellings: 100% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See Section 26.710.040 - R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not permit additional floor area for detached residential and duplex dwellings. b. New or Replacement after demolition Detached residential and Duplex dwellings: 80% ofthe allowable floor area of an equivalent-sized lot located in the R6 zone dis- trict. (See Section 26.710.040 - R6 Zone District.) City of Aspen Historic Transfer- able Development Rights shall not permit additional floor area for detached residen- tial and duplex dwellings. c. Multi-Family - parcel density ofless than one unit per 1,500 square feet oflot area: .75:1. d. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet oflot area: 1.25: 1. e. Multi-Family -parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5: 1. 11. Maximum multi-familv unit size (square feet): For properties in the Aspen Infill Area, 2,000 sq. ft. of net livable area. For properties outside the Aspen Infill Area, 2,500 sq. ft. of net liv- able area. a. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: Ordinance No.9, Series of2007. Page 6 (1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is purchased. (2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area for properties within the Aspen Infill Area and 3,000 sq. ft. of net livable area for properties outside the Aspen Infill Area (i.e., no more than 500 additional square feet may be applied per unit). (3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 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. Section 5: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy ofthis Or- dinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 7: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of April, 2007. Attest: Helen K. Klanderud, Mayor Ordinance No.9, Series of2007. Page 7 FINALLY, adopted, passed and approved this 24th day of April, 2007. Approved as to form: ~/J/~ omey Ordinance No.9, Series of2007. Page 8