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HomeMy WebLinkAboutordinance.council.012-12 RECEPTION#: 588115, 04/10/2012 at 11:59:10 AM, 1 OF 9, R $51.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO • ORDINANCE NO. 12 SERIES OF 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, AMENDING THE HEIGHT AND FAR IN THE CC AND C-1 ZONE DISTRICTS: 26.710.140,COMMERCIAL CORE(CC)ZONE DISTRICT;26.710.150,COMMERCIAL (C-1)ZONE DISTRICT; AND AMENDING VARIOUS SECTIONS OF CHAPTER 26.575.020(F)(4),CALCULATIONS AND MEASUREMENTS—ALLOWED EXCEPTIONS • TO HEIGHT LIMITATIONS, TO THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code related to the allowed heights and free-market FAR in the CC and C-1 zone districts; and, WHEREAS,pursuant to Section 26.310, applicatiops 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 Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.710.140, Commercial Core (CC) Zone District; 26.710.150, Commercial (C-1) Zone District, and 26.575.020(F)(4), Calculations and Measurements—Allowed Exceptions to Height; and, WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and Zoning Commission recommended that City Council approve the proposed amendments by a six —zero (6-0) vote; and, • WHEREAS,during a duly noticed public hearing on April 2, 2012,the City Council took public testimony, considered pertinent recommendations from the Community Development Director,and the Planning and Zoning Commission,and considered the proposal under the applicable provisions of the Municipal Code as identified herein and voted three-one(3-1)to approve the code changes;and, WHEREAS,the Aspen City Council finds that the development proposal meets or exceeds all the applicable standards and that the approval of the Code Amendments are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the amendments to the Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. - - _ - . _ . - and text being added is green with underline and looks like this; and, • Ordinance 12, Series 2012, Zoning Amendments—CC and C-1 • Page 1 of 10 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: Commercial Core(CC) Zone District 26.710.140(D) — Commercial Core (CC) Zone District — Dimensional Requirements, shall be amended as follows: D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core(CC) Zone District: 1. Minimum Gross Lot Area(square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback(feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): twenty-eight (28) feet for two-story elements of a building. 38 commercial design review. See Chapter 26.112.Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. Upon passage of future code amendments by City Council, three-story structures may be permitted to encourage certain uses deemed important, as may be defined at the time. 9. Minimum floor to floor heights: a. First Floor: Ten (10) feet to a maximum of fifteen(15) feet 109. Minimum distance between buildings on the lot(feet): No requirement. 111-9. Public amenity space: Pursuant to Section 26.575.030. 1244. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity Ordinance 12,Series 2012,Zoning Amendments—CC and C-1 Page 2 of 10 requirements and other dimensional standards. Accordingly,the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi-family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: For non-historic properties: 0.5:1, be if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. For Historic Landmark Properties: 0.5:1. 134-2. Maximum multi-family residential dwelling unit size (square feet): two thousand (2,000) square feet of net livable 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 square feet of net livable area for each certificate that is extinguished. 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 square feet of net livable area(i.e., no more than five hundred [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 FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 144-3. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. 15.14. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.l l.a. and b. combined on the same parcel. Ordinance 12, Series 2012, Zoning Amendments—CC and C-1 Page 3 of 10 Section 2: Commercial (C-1) Zone District 26.710.150(C - D) — Commercial (C-1) Zone District — Conditional Uses, Dimensional Requirements, shall be amended as follows: C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): thve and bBed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a wing-and bed and breakfast: Same as R-6 Zone District. . b. All other uses: No requirement. 3. Minimum lot width (feet): a. . . . - . - . . - .. - _ . . . dwelling-and-bBed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback(feet): a . Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a dig-and bBed and breakfast: Same as R-6 Zone District. . b. All other uses: No requirement. 6. Minimum rear yard setback(feet): • dwelling-and-laBed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. Ordinance 12,Series 2012,Zoning Amendments—CC and C-1 Page 4 of 10 \ / 8. Maximum height: a. dwelling nd f"Bed and breakfast: Same as R-6 Zone District. b. All other uses: twenty-eight(28) feet for two-story elements of a building. Thirty-six feet through commercial design review. See Chapter 26.4-12. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. Upon passage of future code amendments by City Council, three-story structures may be permitted to encourage certain uses deemed important, as may be defined at the time. 9. Minimum floor to floor heights: a. First Floor: Nine (9) feet to a maximum of thirteen(13)feet 4-09. Minimum distance between buildings on the lot (feet): a. 9- ... - . - . - . • .. - .. . - • . . . dwelling-afid b ed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. II 114-0. Public amenity space: Pursuant to Section 26.575.030. 1244. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements, and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: For non-historic properties: 0.5:1, which m y be increased to .75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. For Historic Landmark Properties: 0.5:1. Ordinance 12,Series 2012,Zoning Amendments—CC and C-1 Page 5 of 10 ...-, -. - •• - . • . • , . . . - . - .. :Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent(80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 134-2. Maximum multi-family residential dwelling unit size (square feet): 2,000 square feet of net livable 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 five hundred (500) square feet 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 two thousand five hundred(2,500) square feet of net livable area (i.e., no more than five hundred [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 FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 1414. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. 1544. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.1 1.a. and b. combined on the same parcel. Section 3: Allowed Exceptions to Height Limitations Section 26.575.020(F)(4)(a-e) of the Aspen Municipal Code, Measuring Building Heights — Allowed Exceptions to Height Limitations, which section describes the allowed exceptions to building heights, is hereby amended to read as follows: 4. Allowed Exceptions to Height Limitations a. Chimneys,flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Ordinance 12,Series 2012,Zoning Amendments—CC and C-1 Page 6 of 10 Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do-dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b. Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c. Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five(5)feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of fifteen (15) twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d. Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception,the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to five (5) feet above height of the building at the point the equipment is attached. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of twenty (20) feet. Mechanical equipment shall be combined and co-located to the greatest extent practicable. f. Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including • Ordinance 12,Series 2012,Zoning Amendments—CC and C-1 Page 7 of 10 solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing façade of the building a minimum of ffteen�twenty (4420) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 264430 — Special Review. (Also see setback requirements for these systems at sub-section E.5.) Section 4: Effect Upon Existing Litigation. 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 5: Severability. 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 6: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty(30)days following final passage. Section 7: Notice of Public Hearing. A public hearing on this ordinance shall be held on the 2nd day of April, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena St., Aspen, Colorado,a minimum of 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. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of March, 2012. Ordinance 12, Series 2012, Zoning Amendments—CC and C-1 Page 8 of 10 ATTEST: athryn S. /�ch,City Clerk Michael C. Ireland,M.' or FINALLY,adopted,passed and approved this 2nd day of April,2012. ATTEST: A_100 Z/fAirS" '// athryn S. Kiri,City Clerk Michael . Ireland,Marr Approved as to form: ames R True,City Attorney Ordinance 12,Series 2012,Zoning Amendments—CC and C-1 Page 9 of 10 IVIUII, IVII LW, Lk, IL 7715535 Ad Ticket#5 ) 6 3 -C.) Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: Caller: Kathryn Koch Cu 1 • As n y. Receipt State: CO Zip: 81611 Ad Name: 7715535A Original Id: 7715314 Editions: 8ATI/8ATW/ Class: 0990 Start: 03/29/12 Stop: 03/29/12 Color: Issue 1 Copyline: atw Ordinance 12 Rep: AT Legals LEGAL NOTICE Lines: 19 ORDINANCE #12, 2012 PUBLIC HEARING Ordinance #12, Series of 2012, was adopted on Depth: 1.6 first reading at the City Council meeting March 26. 2012. This ordinance. if adopted, will amend the Columns: 1 height and FAR calculations within the CC and C-1 Discount: 0.00 zones. The public hearing on this ordinance is scheduled for April 2. 2012 at 5 PM, City hall, 130 Commission: 0.00 South Galena. Net: 0.00 To see the entire text, go to the city's legal notice Tax 0.00 website http://www,aspenpitkin,corn/Departments/. Total 9.61. - Clerklegal-Notices/ If you would like a copy FAXed or e-rnailed to you. Payment 0.00 call the city clerk's office. 429-2686. Published in the Aspen Times Weekly on March 29, 2012. 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