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Home My WebLink Aboutresolution.apz.010-07 Resolution No. 10 (Series of 2007) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT 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 -RESIDENTIAL/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 (RMFA) 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 to the Land Use Code are delineated as follows: . Text being removed is red and strikethrough. Text beillg remewa leokG like this. . Text being added is red and underline. Text being added looks like this. . Text which is not highlighted is not affected. P&Z Resolution No. 10, Series of2007. April 9th Draft - Multi-Family Zoning Page 1 WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan, which in part calls for: . The focusing of growth towards already developed areas and away from undeveloped areas sur- rounding the city by intensification of land uses within the downtown. . The retention of existing residential occupied residential units. . The rejuvenation of aging residential properties. . The preservation of historic resources through the transfer of development rights. . The development of multi-family developments 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 9, 2007, took and considered public testimony and the recommendation of the Community Devel- opment Director and recommended, by a five to zero (5-0) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above note Chapters and Sections of the Land Use Code, as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend 26.710.090 - Residential Multi-Family (RMF) Zone District, which section regulates development within the Residential Multi-Family Zone District, as follows: 26.710.090 Residential Multi-Family (RIMF). A. Purpose. The purpose of the 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 of the center of the 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 Residentiall.Multi-Family (RfMF) zone district: P&Z Resolution No. 10, Series of2007. April 9th Draft - Multi-Family Zoning Page 2 I. 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: !!eed and Bbreakfast, and baafElillghelise. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi-Family (RfMF) 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-<:are center. D. Dimensional requirements. The following dimensional requirements shall apply to all permit- ted and conditional uses in the Residential}Multi-Family (RfMF) 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. P&Z Resolution No. 10, Series of2007. April 9th Draft - Multi-Family Zoning Page 3 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. Pedestrian Amenitv Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): This sub-section {applies to each type of use. according to densitv and +tapplies to conforming and nonconforming lots of record* a. Existing Detached residential and Duplex dwellings;... established prior te the aclep tiell afOfElillaRee 27, Series ef2\l\l4: 100% of the allowable floor area ofan equiva- lent-sized lot located in the R6 zone district. (See Section 26.71 0.040 - R6 Zone Dis- trict.) Reeeipt ef a Development Order shall cellstitllte the elate the lise was esme lished. Replaeement after DemelitieB shallllet effeet a Ilew establishment date f{)r the j'llifjleses efthis seetieB. City of Aspen Historic Transferable Development Rights shallllet be elltillgliished iB this zelle district and shall not permit additional floor area for detached residential and duplex dwellings. b. New or Replacement after Demolition Detached residential and Duplex dwellings~ established after the adeptioB efOrdillaflee 27, Series of2004: 80% ofthe 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 shallllet be el{tillgliished iB this ZOBe district and shall not permit additional floor area for detached residential 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 which mav be increased to 2.500 through the extinguishment of one Citv of Aspen Historic Transferable Development Right (TDR) per unit pursuant to Chapter 26.535. For properties outside the Aspen Infill Area. 2,500 which mav be increased to 3.000 through the extin- guishment of one City of Aspen Historic Transferable Development Right (TDR) per unit pursuant to Chapter 26.535. This maximum shall applv to Free-Market and Affordable resi- dential units and shall be measured pursuant to the.definition of Net Livable Area on a per unit basis. but shall not applv to a detached dwelling or duplex dwelling. One TDR mav be used to increase the size of multiple units on one parcel provided the total increase for the parcel is not more than 500 square feet per TDR. Section 2: Pursuant to Section 26.310 ofthe Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend 26.710.100 - Residential Multi-Family (RMF) Zone Dis- trict, which section regulates development within the Residential Multi-Family Zone District, as fol- lows: P&Z Resolution No. 10, Series of2007. April 9th Draft - Multi-Family Zoning Page 4 26.710.100 ResidentialjMulti-Family-A -(RJMFA). A. Purpose. The purpose of the Residential Multi-Family=-A (RMFA) zone district is to provide for the use ofland for intensive long-term residential purposes, with customary accessory uses. Rec- reational and institutional uses customarily found in proximity to residential uses are included as conditional 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 of the City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed at- tached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the ResidentialjMulti-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: !!eed and !!breakfast, and boardiaghoHse. C. Conditional uses. The following uses are permitted as conditional uses in the ResidentialjMulti- Family-A (RfMFfAt) 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 Residentialt',Multi-Family-A (R,MF A) 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): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 5. Minimum side vard setback (feet): P&Z Resolution No. 10, Series of2007. Page 5 April 9th Draft - Multi-Family Zoning 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. Pedestrian Amenitv Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): This sub-section -fapplies to each type of use. according to densitv and +tapplies to conforming and nonconforming lots of record* a. Existing Detached residential and Duplex dwellings;... esta13lished prier to the adop tieH efOrdiHaRce 27, Series of2004: 100% of the allowable floor area ofan equiva- lent-sized lot located in the R6 zone district. (See Section 26.71 0.040 - R6 Zone Dis- trict.) Receipt of a De'lelepmellt Order shall eellstitllte the date the use was estab lished. Replacement after Demolitioll sllall Hot effeet a llew estal3lislnReHt date fer the pmpeses of this seetioll. City of Aspen Historic Transferable Development Rights shallllot be el{tillgliished iH this zelle distriet and shall not permit additional floor area for detached residential and duplex dwellings. b. New or Replacement after demolition Detached residential and Duplex dwellings~ established after the adoptioH of Ordillatlee 27, Series ef2\l\l4: 80% 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 shallllet be el(tiRgliiahed iH this ZOlle distriet and shall not permit additional floor area for detached residential 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 which mav be increased to 2.500 through the extinguishment of one Citv of Aspen Historic Transferable Development Right (TDR) per unit pursuant to Chapter 26.535. For properties outside the Aspen Infill Area. 2,500 which mav be increased to 3.000 through the extin- guishment of one Citv of Aspen Historic Transferable Development Right (TDR) per unit pursuant to Chapter 26.535. This maximum shall applv to Free-Market and Affordable resi- dential units and shall be measured pursuant to the definition of Net Livable Area on a per unit basis, but shall not applv to a detached dwelling or duplex dwelling. One TDR mav be P&Z Resolution No. 10, Series of2007. Page 6 April 9th Draft - Multi-Family Zoning used to increase the size of multiple units on one parcel provided the total increase for the parcel is not more than 500 square feet per TDR. Section 3: This Resolution 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 Resolution 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 por- tions thereof. APPROVED by the Commission during a public hearing on ~ 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: R~:fJ~ ~~b~ ttomey ATTEST: C:\homelMoratoriumlDraftslZoning\P&Z Reso - RMF & RMF A" April 9.doc P&Z Resolution No. 10, Series of2007. April 9th Draft - Multi-Family Zoning Page 7