HomeMy WebLinkAboutordinance.council.025-01 ORDINANCE NO. 25
(SERIES OF 2001)
AN ORDINANCE OF THE CITY OF ASPEN, COLO~O, 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 RESIDENTIAL (R-SO) 26,710,050(D), RESIDENTIAL MULTI-FAMILY (R/MF)
26.710.090 (D), RESIDENTIAL/MULTI-FAMILY (R/MFA) 26.710.100 (D), RURAL
RESIDENTIAL (RR) 26.710.130(D), COMMERCIAL CORE (CC) 26.710.140 (D),
COMMERCIAL (C-l) 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 ADD 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 DELETE SUBSECTION 14, MAXIMUM VOLUME;
AND TO AMEND SECTION 26.575.020 (A)(3)(a) AND SECTION 26.575.020 (A)(3)(b),
CALCULATIONS AND MEASUREMENTS TO AMEND THE GARAGE AND CARPORT
EXEMPTION
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, 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 Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and
WHEREAS, at the conclusion of a joint worksession on July 31, 2001, the Planning and
Zoning Commission and City Council directed staff to bring forth the code amendments as
proposed within this Ordinance;
WHEREAS, the City Council reviewed and considered the recommendations of the
Community Development Director and the Planning and Zoning Commission during a duly noticed
public heating; and
WHEREAS, 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 28 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,240 square feet of floor area
6,000 - 9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 3,660 square feet of floor area
9,000 - 15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,020 square feet of floor area
15,000 - 50,000 4,020 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 5,770 square feet of floor area
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet of lot area
* Total external 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.
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Duplex
Lot Size Maximum Allowable Floor Area*
(Square Fee0
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 30 square feet of floor
area for each additional 100 square feet 'of lot area, up to a
maximum of 3,600 square feet of floor area
6,000 - 9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,080 square feet of floor area
9,000 - 15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,440 square feet of floor area
15,000 - 50,000 4,440 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 6,190 square feet of floor area
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet of lot 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
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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- 9,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,080 square feet of floor area
9,000 - 15,000 4,080 square feet of floor area, plus 7 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,500 square feet of floor area
15,000 - 50,000 4,500 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 6,600 square feet of floor area
50,000+ 6,600 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in 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 - 9,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 4,500 square feet of floor area
9,000 - 15,000 4,500 square feet of floor area, plus 7 square feet of floor
area for each additional 100 square feet of lot area, up toa
maximum of 4,920 square feet of floor area
15,000 - 50,000 4,920 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet of lot area, up to a
maximum of 7,020 square feet of floor area
50,000+ 7,020 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet of lot area.
* Total extemal 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 m-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 Sections 26.710.040 D., 26.710.050 D., 26.710.060 D., 26.710.080 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 to delete subsection 11.
Section 6:
That Section 26.575.020(A)(3)(a) and Section 26.575.020(A)(3)(b) of the Aspen Municipal Code
be repealed and re-enacted to read as follows:
3. Garages, Carports, and Storage Areas. In all zone districts except the R-15-B zone district, for
the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is
residential, garages, carports, and storage areas shall be excluded up to a maximum area of two
hundred fifty (250) square feet per dwelling un/t; all garage, carport, and storage areas between two
hundred fifty (250) and five hundred (500) square feet shall count 50% towards allowable floor
area; all garage, carport and storage areas in excess of five hundred (500) square feet per dwelling
unit shall be included as part of the residential floor area calculation. For any dwelling unit which
can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the
garage shall only be excluded from floor area calculations up to two hundred fifty (250) square feet
per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between
two hundred fifty (250) and five hundred (500) square feet shall count 50% towards allowable floor
area. For the proposes of determining the exclusion, ii' any, applicable to garages, carports, and
storage areas, the area of all structures on a parcel shall be aggregated. In the R-15B zone district,
garage, carport, and storage areas shall be limited to a five hundred (500) square foot exemption.
Section 7:
That Section 26.575.020 E. of the Aspen Municipal Code be deleted and amended to read as
follows:
Volume. Floor area ratio and allowable floor area for a residential building or portion
thereof shall include a calculation based on the relationship between every instance of the exterior
expressions and interior plate heights. All interior areas that include exterior expression of a plate
height greater than ten (10) feet shall be counted as two (2) square feet per each square footage of
actual floor area. Exterior expression shall be defined as faqade penetrations between nine (9) and
twelve (12) feet above the elevation of the finished floor, and circular, semi-circular or non-
orthogonal faqade penetrations between nine (9) and fifteen (15) above the level of the finished
floor.
Section 8:
That Section 26.445.040 C. of the Aspen Municipal Code, Dimensional Requirements, be amended
by deleting subsection 14, and by m-numbering existing subsections 15 and 16 to 14 and 15.
Section 9:
That the effective date of this Ordinance shall be August 28, 2001.
Section 10:
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 11:
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 12:
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.
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Section 13:
A public heating on the Ordinance was held on the 27th day of August, 2001 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 9th day of July, 2001.
Attest:
~athry~ S. I~ch,-city Clerk -
FINALLY, adopted, passed and approved this 27th day of August, 2001.
Attest: ~
Kaih-ryn S. ~/~i, ~ty clerk
Approved as to form:
Joh--h-q~orc~ster~ City Attorney