HomeMy WebLinkAboutordinance.council.056-00 ORDINANCE NO. 56
(SERIES OF 2000)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, TO AMEND CHAPTERS
26.710, 26.575, 26.104, 26.304, AND 26.445 OF THE CITY OF ASPEN MUNICIPAL CODE,
TO: AMEND EXTERNAL FLOOR AREA RATIOS IN THE MEDIUM DENSITY
RESIDENTIAL (R-6) 26.710.040(D), MODERATE DENSITY RESIDENTIAL (R-15)
26.710.050(D), MODERATE DENSITY RESIDENTIAL (R-15A) 26.710.060(D), LOW
DENSITY RESIDENT/AL (R-30) 26.710.080(D), RESIDENTIAL MULTI-FAMILY (R/MF)
26.710.090 (D), RESIDENTIALfMULTI-FAMILY (R/MFA) 26.710.100 (D), RURAL
RESIDENTIAL (RR) 26.710.130(D), COMMERCIAL CORE (CC) 26.710.140 (D),
COMMERCIAL (C-I) 26.710.150 (D), OFFICE (O) 26.710.180 (D), LODGE/TOURIST
RESIDENTIAL (L/TR) 26.710.190 (D), CONSERVATION (C) 26.710.220 ZONE
DISTRICTS; TO AMEND CODE SECTION 26.575.020(A)(3) THE METHOD FOR
CALCULATING FLOOR AREA FOR GARAGES, CARPORTS AND STORAGE AREAS;
TO AMEND CODE SECTION 26.575.020 (A) (4) THE METHOD OF CALCULATING
SUBGRADE AREA; TO ESTABLISH MAXIMUM ALLOWABLE VOLUME AS A
DIMENSIONAL REQUIREMENT IN VARIOUS ZONE DISTRICTS; TO DEFINE
CERTAIN TERMS PURSUANT TO SECTION 26.104.100, DEFINITIONS, HAVING TO
DO WITH; DUPLEX DWELLING, PLATE HEIGHT, AND BUILDING HEIGHT; TO
AMEND THE MAXIMUM HEIGHT FOR DETACHED RESIDENTIAL DWELLING IN
SECTIONS 26.710.140 0)) (7} COMMERCIAL CORE ZONE DISTRICT, 26.710.150 (D) (7)
C~I ZONE DISTRICT, 26.710.190 (D) (7) LODGE/TOURIST RESIDENT/AL ZONE
DISTRICT, AND 26.710.2200)) (7) CONSERVATION ZONE DISTRICT; TO AMEND
26.710.040 (D) (5) (c} THE MINIMUM SIDE YARD SETBACK IN MEDIUM DENSITY
RESIDENTIAL (R-6) ZONE DISTRICT; TO AMEND SECTION 26.304.030
APPLICATION AND FEES, TO INCLUDE BUILDING MODELS; TO DELETE
SECTION 26.575.020 (A) (5) VOLUME AND ADD SUBSECTION E, VOLUME, TO THIS
SECTION, CALCULATIONS AND MEASUREMENTS; AND TO AMEND SECTION
26.445.040(C) TO ADD SUBSECTION 14, MAXIMUM VOLUME
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Aspen directed the Planning Director of the Community Development Department to propose
amendments to the Land Use Code of the Aspen Municipal Code to better control the size of
dwelling units being built in Aspen; and
WHEREAS, in response to this direction, the Planning Director prepared the research
paper Evaluation of Techmques to Control House s~ze ~n Aspen, dated January, 2000; and
WHEREAS, a work session was held with the Aspen City Council, Planning and Zon/ng
Commission, and Historic Preservation Commission on February 22, 2000, at which time a tour of
selected residential sites within the City was conducted and a discussion of the research paper was
held; and
WHEREAS, the outcome of the work session was that direction was given to the Planning
Director to prepare certain amendments to the Aspen Land Use Code; and
WI-IEREAS, pursuant to Section 26,310 of the Aspen Land Use Code, 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 Planning Director and then by the ~plauning and Zoning
Commission at a public heating. Final action shall be by City Council after reviewing and
considering these recommendations; and
WltEREAS, the Planning Director recommended approval of the amendments to the Land
Use Code as are described herein; and
WHEREAS, the Planning and Zoning Commission opened the public hearing to consider
the proposed amendments to the Aspen Land Use Code to better control the size of dwelling units
being built within the City limits on June 13, 2000, and continued the hearing to June 27, 2000, and
then to July 25, 2000, took and considered public testimony, and considered the recommendations
of the Planning Director;
WHEREAS, at the conclusion of the public hearing on August' I, 2000, the Planning and
Zoning Commission unanimously approved the proposed amendments to the Aspen Land Use
Code !o better control the size of dwelling units by a vote of 7 in favor to 0 against;
WltEREAS, .the City Council reviewed and considered the recommendations of the
Community Development Director and the Planning and Zoning Commission during a duly noticed
public hearing; and
WltEREAS, the City Council finds that the amendments to the Aspen Land Use Code, as
described herein, meet or exceed all applicable standards and their approval 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 the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1:
That Section 26.710.040 D.10 of the Aspen Municipal Code be repealed and re-enacted to read as
follows:
10. External floor area ratio (applies to conforming and nonconforming lots of record):
Detached Residential Dwellings
Lot Size Maximum Allowable Floor Area*
(Square Feet)
0-3,000 80 square feet of floor area for each 100 square feet of lot
area, up to a maximum of 2,400 square feet of floor area
3,000 - 6,000 2,400 square feet of floor area, plus 25 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,150 square feet of floor area
6,000 - 9,000 3,150 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,300 square feet of floor area
9,000 - 15,000 3,300 square feet of floor area, plus 4 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,540 square feet of floor area
15,000 - 50,000 3,540 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,590 square feet of floor area
50,000+ 4,590 square feet of floor area, plus 2 square feet of floor
area for each additional I00 square feet of lot area, up to a
maximum of 5,000 square feet of floor area
* Total exxemal floor area for two detached residential dwellings on a lot of 6,000 sq. ft. or greater
containing a historical landmark, or for two detached residential dwellings on a lot of 9,000 s.f. or
greater (whether or not it contains a historical landmark) shall not exceed the floor area ratio
allowed for one duplex.
Duplex
Lot Size Maximum Allowable Floor Area*
(Square Feet)
0-3,000 90 square feet of floor area for each 100 square feet of lot
area, up to a maximum of 2,700 square feet of floor area
3,000 - 6,000 2,700 square feet of floor area, plus 25 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,450 square feet of floor area
6,000- 9,000 3,450 square feet of floor area, plus 10 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,750 square feet of floor area
9,000 - 15,000 3,750 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,050 square feet of floor area
15,000 - 50,000 4,050 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 5,100 square feet of floor area
50,000+ 5,100 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 6,000 square feet of floor area
* Total external floor area ratio for 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.
Section 2:
That Section 26.710.050 D.10 of the Aspen Municipal Code be repealed and re-enacted to read as
follows:
10. External floor area ratio (applies to conforming and nonconforming lots of record):
Detached Residential Dwellings
Lot Size Maximum Allowable Floor Area*
(Square Fee0
0-3,000 80 square feet of floor area for each 100 square feet of lot
area, up to a maximum of 2,400 square feet of floor area
3,000 - 6,000 2,400 square feet of floor area, plus 25 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,150 square feet of floor area
6,000- 9,000 3,150 square feet of floor area, plus 20 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,750 square feet of floor 'area
9,000- 15,000 3,750 square feet of floor area, plus 10 square feet of floor
area for each additional 100 square feet of lot area, up to a
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maximum of 4,050 square feet .of floor area
15,000 - 50,000 4,050 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 5,000 square feet of floor area
50,000+ 5,000 square feet of floor area
* Total external floor area ratio for two detached residential dwellings or a duplex on a lot of less
than 20,000 square feet containing a historical landmark shall not exceed the floor area allowed for
one detached residential dwelling (does not apply to the R-30 zone district).
Duplex
Lot Size Maximum Allowable Floor Area*
(Square Feet)
0-3,000 90 square feet of floor area for each 100 square feet of lot
area, up to a maximum of 2,700 square feet of floor area
3,000 - 6,000 2,700 square feet of floor area, plus 25 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,450 square feet of floor area
6,000 - 9,000 3,450 square feet of floor area, plus 20 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,050 square feet of floor area
9,000 - 15,000 4,050 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,650 square feet of floor area
15,000 - 50,000 4,650 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 5,700 square feet of floor area
50,000+ 5,700 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 6,000 square feet of floor area
* Total external floor area ratio for two detached residential dwellings or a duplex on a lot of less
than 20,000 square feet containing a historical landmark shall not exceed the floor area allowed for
one detached residential dwelling.
Section 3:
That Section 26.710.130 D.10. of the Aspen Municipal Code be repealed and re-enacted to read as
follows:
10. External floor area ratio (applies to conforming and nonconforming lots of record): same as R-
15 zone district.
Section 4:
That Section 26.710.220 D.10 of the Aspen Municipal Code be repealed and re-enacted to read as
follows:
10. External floor area ratio (applies to conforming and nonconforming lots of record): same as R-
15 zone district.
Section 5:
That Section 26.575.020 A.3. of the Aspen Municipal Code, Garages, Carports and Storage Areas,
be repealed and re-enacted to read as follows:
3. Garages, Carports, and Storage Areas. For the purpose of calculating floor area ratio and
allowable floor area for a lot whose principal use is residential, the area included within garages,
carports, and storage areas shall be calculated as follows:
a. Garages, carports, and storage areas shall be excluded from residential floor area
calculations in all zone districts, except the R-15B zone district, as follows:
Size of Garage,
Carport, or Storage Area Area Excluded Per Dwelling Unit
First 0 to 250 s.f. 100% of the area (maximum of 250 s.f.)
Next 251 s.f. - 500 s.f. 50% of the area (maximum of additional 125 s.f.)
Areas above 500 s.f. No additional exclusion permitted
For purposes of determining the amount of this exclusion per unit, the area of all garages,
carports, and storage areas on the parcel shall be aggregated.
b. The garage, carport, or storage area shall only be eligible for the amount of the exclusion
shown in sub-section a. if the floor area that is developed on the property does not exceed
three thousand five hundred (3,500) square feet per unit. If the floor area developed on the
property exceeds three thousand five hundred (3,500) square feet per unit, then the
maximum allowable exclusion for the garage, carport, or storage area shall be reduced by
five (5) s.f. for each additional twenty (20) s.f. of floor area developed per unit on the
property.
c. For any dwelling unit that can be accessed from an alley or private road entering at the mar
or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions
described in sub-sections a. and b. if it is located along said alley or road.
d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded from
residential floor area calculations up to a maximum of five hundred (500) square feet per
dwelling unit.
Section 6:
That Section 26.575.020 A.4. of the Aspen Municipal Code, Subgrade Areas, be amended to read
as follows:
4. Subgrade Areas. To determine the portion of subgrade areas that are to be included in
calculating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished grade, whichever
is lower, the total pementage of exterior surface wall area that is exposed above the most
restrictive of the grades shall be the total percentage of the gross square footage of the
subject story included in the floor area calculation. Subgrade stories with no exposed
exterior surface wall area shall be excluded from floor area calculations.
(Example: If 15% of the exterior surface wall area has been exposed above natural or
finished grade (whichever is lower), then 15% of the gross square footage of the subject
story will be included as floor area.)
b. Also excluded from floor area calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall area is exposed above grade for glass, window
openings, doors, and similar ways of getting light and air into the unit, or that provides
required Uniform Building Code egress to the unit. The maximum amount of this
exclusion shall be one hundred (100) s:f. of the floor area ofthe accessory dwelling unit.
Section 7:
That Sections 26.710.040 D., 26.710.050 D., 26.710.060 D., 261710.080 D., 26.710.090 D.,
26.710.100 D., 26.710.130 D., 26.710.140 D,, 26.710.150 D., 26.710.180 D., 26.710.190 D., and
26.710.220 of the Aspen Municipal Code all be amended by the addition ora new subsection 11, to
read as follows:
11. Maximum Allowable Volume (cubic Jke0.. 9 multiplied by the maximum allowable floor
area of the lot. This requirement shall only apply to dwelling units.
Section 8:
That Section 26.575.020 A.5. of the Aspen Municipal Code, Volume, be deleted and a new Sectior~
26.575.020 E. of the Aspen Municipal Code be added to read as follows:
E. Volume
1. Dividin~ Areas. The volume of a dwelling shall be calculated by first dividing all of the
areas within the dwelling that count as floor area into distinct rooms, corridors, or other
spaces, and then multiplying the floor area of each room, corridor, or other space by the
plate height of that room, corridor, or other space.
2. Different Plate Heights. Where any room, corridor, or other space in a dwelling has walls
with different plate heights, volume shall be calculated by using the average of all of the
plate heights within the room, as depicted in the following illustration:
Section 9:
That Section 26.104.100 of the Aspen Municipal Code, Definitions, be amended ro include the
following new and revised definitions:
Plate Height. The point at which there is an mfiection in an interior wall, where the wall meets the
ceiling of the room, corridor, or other space. Where stairs penetrate the ceiling of the room,
corridor, or other space, plate height for that space shall be the height of the immediately adjacent
ceiling wiLl,in that room, corridor, or other space.
Height, building. The height of a building shall be the maximum distance possible measured
vertically from natural grade at any poim wi~in the interior of the building; and from natural or
finished gxade (whichever is lower) at any point around the perimeter of the building to the highest
poim or structure within a vertical plane. (See Supplementary Regulations - Section 26.575.020,
Measurements and Calculations).
Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) attached
units in either an over-and-under or side-by-side configuration having a common un-pierced wall of
at least one story in height and ten (10) feet in length, or a common un-pierced wall/ceiling as
applicable. Each unit in the duplex shall contain no less than twenty-five percent (25%) of the total
fioor area of the duplex sU'ucture.
Section 10:
That Section 26.710.040 D.5. of the Aspen Mtmicipal Code, Minimum Side Yard in the R-6 Zone
District be amended as follows:
5. Minimum Side Yard:
Lot Size Minimum Size for Minimum Total of Bo~h Side Yards*
(square feet) Each Side Yard
0 - 4,500 5 feet 10 feet
4,500 - 6,000 5 feet 10 feet, plus 1 foot for each additional 300
square feet of lot area, to a total of 15 feet
of side yard
6,000 - 8,000 5 feet 15 feet, plus 1 foot for each additional 200
square feet of lot area, to a total of 25 feet
of side yard
8,000-10,000 5 feet, plus 1 foot for 25 feet, plus l foot for each additional 200
each additional 200 s.f. square feet of lot area, to a total of 35 feet
of lot area, to a minimum of side yard
of 15 feet per side yard
10,000+ 15 feet 35 feet, plus 1 foot for each additional 400
square feet of lot area, to a total of 50 feet
of side yard
The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
Lot Size Minimum Size for Minimum Total of Both Side Yards*
(square feet) Each Side Yard
0 - 7,500 10 feet 20 feet
7,500 - 10,000 10 feet, plus 1 foot for 20 feet, plus 1 foot for each additional 300
each additional 500 s.f. square feet of lot area, to a total of 32.5 feet
of lot area, to a minimum of side yard
of 15 feet per side yard
10,000+ 15 feet 32.5 feet, plus 1 foot for each additional 200
square feet of lot area, to a total of 50 feet
of side yard
* Two detached residential dwellings located on one lot shall not be subject to the combined side
yard setback requirements, provided that the minimum setback between the two detached dwellings
on the lot shall be 10'.
For purposes of calculating the minimum side yard setback for lots within the Hallam Lake Bluff
Environmentally Sensitive Area (ESA), the area below the top of slope shall be subtracted from lot
size.
Section 11:
That Section 26.710.1401D.7 of the Aspen Murficipal Code, CC Zone District Dimensional
Requirements, be repealed and re-enacted to read as follows:
7. Maximum Height (£eeO: 40, not to exceed 4 stories above grade, except for detached
residential dwellings which shall be limited to 25' in height.
Section 12:
That Section 26.710.150.D.7 of the Aspen Municipal Code, C-1 Zone District Dimensional
Requirements, be repealed and re-enacted to read as follows:
7. Maximum Height (feet): 40, not to exceed 4 stories above grade, except for detached
residential dwellings which shall be limited to 25' in height.
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Section 13:
That Section 26.710.190.D.7 of the Aspen Municipal Code, L/TR Zone District Dimensional
Requirements, be repealed and re-enacted to read as follows:
7. Maximum Height (feet): 28, except for detached residential dwellings, which shall be
limited to 25' in height.
Section 14:
That Section 26.710.220.D.7 of the Aspen Municipal Code, C Zone District Dimensional
Requirements, be repealed and re-enacted to read as follows:
7. Maximum Height (feet): 25.
Section 15:
That Section 26.710.150.B.9 of the Aspen Municipal Code, C-1 Zone District Permitted Uses, be
repealed and re-enacted to read as follows:
9. Detached residential dwellings designated as historic landmarks and multi-family
dwellings.
Section 16:
That Section 26.304.030 of the Aspen Municipal Code, Application and Fees, be amended by
adding a new subsection C., and by renumbering existing subsections C. and D. to D. and E. The
new subsection shall read as follows:
C. Building Model. The Planning Director may require the applicant to prepare an accurate
three dimensional massing model, built to scale, that depicts the proposed development, any
existing buildings on the site that will remain following the proposed development, and
topography on the site, with a contour interval of not less than 2'. Conditions that would
cause the Planning Director to require the model to be prepared include, but are not limited
to, a fmding that the project is a complex development, is a project of great public
significance, or involves a site that has unique topography or.sensitive natural or man-made
features, or is highly visible.
1. Before preparing the model, the applicant shall confer with the Planning Director to
determine whether the model should also show topography and existing buildings
on properties adjacent to the subject property, to provide a neighborhood context for
the proposed development.
2. The applicant shall provide the model for inspection by the Planning Director no
less than one (1) week prior to the initial meeting at which the application will be
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reviewed by a decision making body so the Director may confirm the accuracy and
completeness of the model.
3. Following conclusion of the review of the project, the applicant shall submit
photographs of the model so documentation of the appearance of the model can be
part of the record of the application.
Section 17:
That Section 26.445.040 C. of the Aspen Municipal Code, Dimensional Requirements, be amended
by adding a new subsection 14, and by re-numbering existing subsections 14 and 15 to 15 and 16.
The new subsection shall read as follows:
14. Maximum volume.
Section 18:
That within twelve months of the effective date of these regulations, the Community Development
Department shall report to the Planning and Zoning Commission and the City Council on the
effectiveness of the new volume control provisions that are established herein, identifying any
problems that have arisen with administering them and whether any further amendments are
required.
Section 19:
That the effective date of this Ordinance shall be April 18, 2001 (which is one hundred twenty
(120) days after the date it was finally approved by the Aspen City Council).
Section 20:
That the City Clerk is directed, upon adoption of this Ordinance, to record a copy of this Ordinance
in the office of the Pitkin County Clerk and Recorder.
Section 21:
This Ordinance shall not affect may 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 22:
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 sh~l not affect the validity of the remaining
portions thereof.
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Section 23:
A public hearing on the Ordinance was held on the 18th day of December, 2000 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of 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 this 27a~ day of November, 2000.
Kathryn.S,~0ch, City Clerk Rachel E. Richards, Mayor \ ~
\
FINALLY, adopted, passed and approved this 18~' day of December, 2000.
Attest:: x
' Kathryn S,~6'ch, C~ty Clerk R~che, E. Richards, Mayor
Approved as to form:
Jo'h-"n 5,~or~e~te~r, city Attorney
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