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HomeMy WebLinkAboutordinance.council.054-87 ORDINANCE NO. 54 (Series of 1987) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE MUNICIPAL CODE WITH RESPECT TO THE R-6 RESIDENTIAL ZONE DISTRICT REQUIREMENTS AND THE METHODOLOGY FOR CALCULATING FLOOR AREA RATIO WHEREAS, as a result of the scale of residential development being experienced within the R-6 Zone District in recent years, the Aspen City Council directed the Planning Office and Planning and zoning Commission (hereinafter the "Commission") to evaluate the current requirements for residential development and to recommend necessary changes thereto; and WHEREAS, in response to this directive, the Commission held a work session on September 29, 1987, and a public hearing on October 6, 1987, which hearing was continued to October 20 and October 27, 1987, and then did consider adoption of a resolu- tion at a meeting on November 3, 1987 and did finally adopt a resolution at a special meeting on November 5; and WHEREAS, the City Council, having considered the recommenda- tions of the Commission, wishes to amend the Municipal Code as specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 That in the R-6 zone district, the minimum front yard, side yard and rear yard setbacks, as established in section 24-3.4 of the Municipal Code, be repealed and be re-enacted to read as follows: 4. Minimum front and rear yard: For principal buildings, the front and rear yard shall total no less than thirty (30) feet, and the front yard and rear yard shall each be a minimum of ten (10) feet, provided that the rear yard for that portion of a principal building used as a garage only shall be a minimum of five (5) feet. For accessory buildings, the front yard shall be a minimum of fifteen (15) feet, and the rear yard shall be a minimum of five (5) feet. For lots of 3,050 squre feet or less, the front and rear yard shall total no less than twenty five (25) feet. 5. Minimum side yard: Lot Size (sq. ft.) Minimum size for each side yard ( ft . ) Total of both side yards ( ft. ) 0-4500 5 10 ft. 4500-6000 5 10 ft., plus 1 foot for each additional 300 sq. ft. of lot area, to a maximum of 15 feet of total side yard. 6000-8000 5 15 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 25 feet of total side yard. 8000-10,000 10 25 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 35 feet of total side yard. 10,000+ 15 35 ft., plus 1 foot for each additional 400 sq. ft. of lot area, to a maximum of 50 feet of total side yard. 6. Maximum site coverage: Lot Size (sq. ft.) Maximum site Coverage (%) 0-4499 No limitation 4500-6000 50%, minus additional 150 area, to a coverage of 40% 1% for each sq.ft. of lot maximum site 6000-9000 40%, minus additional 300 area, to a coverage of 30% 1% for each sq.ft. of lot maximum site 2 9000-12,000 30%, minus 1% for each addi- tional 600 sq. ft. of lot area, to a maximum site coverage of 25% 12,000-18,000 25%, minus 1% additional 1,200 lot area, to a coverage of 20% for each sq. ft. of maximum site 18,000+ 20% section 2 That in the R-6 zone district, the external floor area ratio, as established in Section 24-3.4 of the Municipal Code, be repealed and re-enacted to read as follows: lot Size Sirgle-famil y DNellims (&l.Ft.) Allowable Sq. Ft. * 0- 3,000 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq.ft. of floor area. 3,000- 6,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq.ft. of floor area. 6,000- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 9,000-15,000 3,660 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,020 sq. ft. of floor area. 15,000-50,000 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq.ft. of floor area. 50,000+ 5,770 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. 3 lot size lliplex (Sq. Ft. ) Allowable Sq. Ft. * 0- 3,000 90 sq. ft. of floor area for each 1 0 0 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 3,000- 6,000 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,600 sq. ft. of floor area. 6,000- 9,000 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 9,000-15,000 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,440 sq. ft. of floor area. 15,000-50,000 4,440 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq. ft in lot area, up to a maximum of 6,190 sq. ft. of floor area. 50,000+ 6,190 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. *Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. Total external floor area for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 sq. ft. containing a historical landmark shall not exceed the floor area allowed for one detached residen- tial dwelling. section 3 That in the R-6 zone district, the Table of Permitted Uses, as established in Section 24-3.2 of the Municipal Code be amended to add "two detached residential dwellings on a lot of 9,000 square feet or greater". section 4 That in the RMF, R-15, R-15A, R-30 and R-40 zone districts, the external floor area ratio, as established in section 24-3.4 of the Municipal Code, be repealed and re-enacted to read as follows: 4 lot size Detad1ed Residential IMellims (Sq. Ft. ) 0- 3,000 3,000- 9,000 9,000-15,000 15,000-50,000 50,000+ lot Size D.lplex (Sq. Ft. ) 0- 3,000 3,000- 9,000 9,000-15,000 15,000-50,000 50,000+ Allowable Sq. Ft. 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq.ft. of floor area. 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq.ft. of floor area. 4,080 sq.ft. of floor area plus 7 sq.ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,500 sq. ft. of floor area. 4,500 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,600 sq.ft. of floor area. 6, 600 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq.ft. in lot area. Allowable Sq. Ft. 90 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4, 500 sq. ft. of floor area. 4, 500 sq. ft. of floor area, plus 7 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,920 sq.ft. of floor area. 4,920 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 7,020 sq.ft. of floor area. 7,020 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. 5 Multi-Family: 1:1 (To be listed for RMF zone district only) section 5 That section 24-3.7(e) of the Municipal Code be repealed and re- enacted to read as follows: FLOOR AREA means the sum of the gross horizontal areas of each story of the building measured from the exterior walls, or from the center line of the party walls, including the floor area of accessory uses and of accessory buildings and structures. In measuring floor areas for floor area ratio and allowable floor area, the following applies: (1) General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the sur- rounding exterior walls (measured from their exterior surface) of a building, or portion thereof. (2) Decks, balconies and stairways. The calculation of floor area of a building, or a portion thereof, shall include decks, balconies, stairways, terraces and similar features, even though these areas are not surrounded by exterior walls or enclosed, when these features are above natural grade and when the area of such features is greater than fifteen (15%) percent of the maximum allowable floor area of the building. When decks, balconies, stairways, terraces and similar features which are above natural grade are covered by a projection from the building which is greater than three (3) feet, such areas shall be included in the calculation of floor area. All area included in such features which does not meet either of these conditions shall be excluded from floor area calculations. (3) Garages and carports. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages and carports shall be excluded up to a maximum area of five hundred (500) square feet per dwelling unit; all garage or carport space in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation, provided however that on residential properties containing Historic Landmarks that do not meet applicable minimum lot area requirements, garages and carports shall be excluded up to a maximum of five hundred (500) square feet for the property. For any dwelling unit which can be accessed from an alley or from a private road entering at the rear of the dwelling unit, the garage shall only be excluded from floor area calculations if it is located on the alley or at the rear of the unit. 6 (4) Subqrade areas. The area of any story which is one hundred (100%) percent subgrade, as measured from natural grade, shall be excluded from floor area calculations. For any story which is partly above and partly below natural grade, a calculation of the total volume of the story which is above and which is below grade shall be made, for the purposes of establishing the percentage of the area of the story which shall be included in floor area calculations. This calculation shall be made by determining the total percentage of the perimeter wall area of the story which is above natural grade which shall be multiplied by the total floor area of the subj ect story, and the resulting total shall be that area which is included in the floor area calculation. In addition, if the perimeter of the structure is excavated, such that the walls of an area are below natural grade but above finished grade, then the following formula shall apply. If less than ten (10%) percent of the perimeter wall area of the subject story is below natural grade but above finished grade, then the entire story shall be excluded from floor area calculations. If more than ten (10%) percent of the perimeter wall area of the subject story is below natural grade but above finished grade, then the amount of the wall area which is below natural grade but above finished grade in excess of ten (10%) percent shall be multiplied by the total floor area of the subject story, and then divided by two (2), to determine the area from that story to be included in floor area calculations. (5) Volume. For the purpose of calculating allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. Those interior areas with a plate height of ten (10) feet or less shall count toward allowable floor area at the ratio of one (1) square foot for each one (1) square foot of floor area. For those interior areas with a plate height which exceeds ten (10) feet, the ratio at which they shall count shall increase by five one-hundredths (0.05) of a square foot for each one (1) foot increase in height, to a maximum ratio of two (2) square feet for each one (1) square foot of floor area. (6) Planned Unit Development. For detached residential and duplex Planned Unit Development applications, the allowable floor area shall be calculated by determining the square footage of the entire land ownership, reduced according to the provisions of Section 7- 903(B) (2) (b). The reduced square footage of land shall then be divided by the total number of dwelling units 7 existing and proposed for development to determine the land area for each detached residential unit or duplex in the Planned Unit Development (PUD), which shall be the area used to determine the amount of floor area each detached residential unit or duplex in the Planned unit Development (PUD). The total floor area allowed for the Planned Unit Development (PUD) shall be the cumulative total of the floor areas for each detached residential unit and duplex in the Planned unit Development (PUD). section 6 That the following definition be added to section 24-3.1 of the Municipal Code: SITE COVERAGE means the percentage of a site covered by build- ings, measured at the exterior walls of a building at ground level. Roof or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations, provided that the area of such overhangs is less than or equal to fifteen (15%) percent of the maximum allowable site coverage. section 7 That section 24-3.7(F) of the Municipal Code be amended by the addition of a new subsection (7), to read as follows: (7) Non-Aliqned Lots. For any lot in the R-6 zone district in excess of 9,000 square feet which is not aligned along the traditional Aspen Townsite lot lines, the Building Inspector shall measure the side yards from the two shortest sides of the lot which are opposite from each other and the front and rear yards from the two longest sides of the lot which are opposite from each other. section 8 That any proj ect exempted from the terms of Aspen Planning and Zoning Commission Resolution 87-9 is also exempt from the provisions of this Ordinance. section 9 A public hearing on the Ordinance shall be held on the ~ day of ~ , 1987, at 5:00 P.M. in the City Council - Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. 8 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~J/L./, 1987. ATTEST: 9WJ ~~MaYor FINALLY adopted, passed and approved this A~J , 1987. ATTE:;T; AR. FARORD /!/f'Yu 9 day of day of or