HomeMy WebLinkAboutordinance.council.051-89
ORDINANCE NO. 51
(Series of 1989)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE REQUIREMENTS
FOR DUPLEXES IN THE MEDIUM-DENSITY RESIDENTIAL (R-6), MODERATE-
DENSITY RESIDENTIAL (R-15), LOW-DENSITY RESIDENTIAL (R-30),
RESIDENTIAL/MULTI-FAMILY (R/MF AND R/MF-A); OFFICE (0) AND
LODGE/TOURIST RESIDENTIAL (L/TR) ZONE DISTRICTS; AMENDING THE
REQUIREMENTS FOR TWO DETACHED DWELLINGS IN THE MODERATE-DENSITY
RESIDENTIAL (R-15) AND LOW-DENSITY RESIDENTIAL (R-30) ZONE
DISTRICTS; AND AMENDING THE AFFORDABLE HOUSING IMPACT FEES
APPLICABLE TO CONDOMINIUMIZATION
WHEREAS, the Aspen City Council (hereinafter, "the Council")
has received the recommendations of the Aspen Planning and Zoning
Commission with respect to amendments to the requirements for
duplexes built within the City of Aspen; and
WHEREAS, the Council granted first reading approval on May
8, 1989 to Ordinance 21, Series of 1989, amending the
requirements for duplexes built within the City of Aspen and held
public hearings on said Ordinance 21 on June 12 and July 10,
1989; and
WHEREAS, during the public hearings, suggestions were
received which required substantial amendments to be made to
certain sections of said Ordinance 21; and
WHEREAS, at its meeting on July 24, 1989, the Council
decided to adopt the provisions of Ordinance 21 addressing the
growth management quota system and to create a separate Ordinance
amending the requirements for duplexes built within the City of
Aspen so that concerned members of the public could better focus
on and participate in the Code Amendment review process.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 5, Sec. 5-201(B) (2)&(3))&(C) (8) Medium-Densitv
Residential (R-6) ; Sec. 5-202(B) (2)&(3)&(C)(9) MOderate-Density
Residential (R-15) ; Sec. 5-205(B) (2) Low-Densitv Residential (R-
30); Sec. 5-206 (B) (2) & (C) (8) Residential/Multi-Familv (R/MF);
Sec. 5-207 (C) (7) Residential/Multi-Family (R/MF-A); Sec. 5-214
(C) (2)&(3) Office (0); and Sec. 5-215(B) (5) Lodqe/Tourist
Residential (L/TR) of Chapter 24 of the Municipal Code of the
City of Aspen, Colorado are hereby amended to read as follows:
"Sec. 5-201(B) (2)&(3)&(C) (8) Medium-Density Residential (R-6);
B. Permitted Uses. The following uses are permitted as of
right in the Medium-Density Residential (R-6) Zone
District.
2. Duplex residential dwelling. If either or both of
the duplex units have obtained a vested right or
are willfully demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the duplex; or one unit
shall be restricted as a resident occupied uni t
and shall comprise a minimum of one-half (1/2) of
the total floor area of the duplex;
3. Two detached residential dwellings on a lot with a
minimum area of 9,000 sq. ft. If either or both
2
of the dwellings have obtained a vested right or
are willfully demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the two dwellings; or one
unit shall be restricted as a resident occupied
unit and shall comprise a minimum of one-half
(1/2) of the total floor area of the two
dwellings;
c. Conditional uses. The following uses are permitted as
conditional uses in the Medium-Density Residential (R-
6) Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
8. For properties which contain a Historic Landmark:
bed and breakfast; boardinghouse; and two detached
residential dwellings or a duplex on a lot with a
minimum area of 6,000 sq. ft. If either or both
of the detached residential dwellings or duplex
units have obtained a vested right or are
willfully demolished and reconstructed subsequent
to (insert effective date), then one unit shall be
restricted as affordable housing to the middle
3
income price and occupancy guidelines and shall
comprise a minimum of one-third (1/3) of the total
floor area of the duplex or the two dwellings; or
one unit shall be restricted as a resident
occupied unit and shall comprise a minimum of one-
half (1/2) of the total floor area of the duplex
or the two dwellings;"
"Sec. 5-202(B) (2)&(3)&(C) (9) MOderate-Density Residential (R-15):
B. Permitted Uses. The following uses are permitted as of
right in the MOderate-Density Residential (R-15) Zone
District.
2. Duplex residential dwelling. If either or both of
the duplex units have obtained a vested right or
are willfully demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the duplex; or one uni t
shall be restricted as a resident occupied uni t
and shall comprise a minimum of one-half (1/2) of
the total floor area of the duplex;
3. Two detached residential dwellings on a lot with a
minimum area of 20,000 sq. ft. If either or both
of the dwellings have obtained a vested right or
4
are willfully demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the two units; or one unit
shall be restricted as a resident occupied unit
and shall comprise a minimum of one-half (1/2) of
the total floor area of the two dwellings;"
c. Conditional uses. The following uses are permitted as
condi tional uses in the MOderate-Density Residential
(R-15) Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
9. For properties which contain a Historic Landmark:
bed and breakfast; boardinghouse; and two detached
residential dwellings or a duplex on a lot with a
minimum area of 15,000 sq. ft. If either or both
of the detached residential dwellings or duplex
units have obtained a vested right or are
willfully demolished and reconstructed subsequent
to (insert effective date), then one unit shall be
restricted as affordable housing to the middle
income price and occupancy guidelines and shall
comprise a minimum of one-third (1/3) of the total
5
floor area of the duplex or the two dwellings; or
one unit shall be restricted as a resident
occupied unit and shall comprise a minimum of one-
half (1/2) of the total floor area of the duplex
or the two dwellings;"
"Sec. 5-205(B) (2) Low-Density Residential (R-30);
B. Permitted Uses. The following uses are permitted as of
right in the Low-Density Residential (R-30) Zone
District.
2. Duplex residential dwelling or two detached
residential dwellings on a lot with a minimum area
of 30,000 sq. ft. If either or both of the duplex
units or detached dwellings have obtained a vested
right or are willfully demolished and
reconstructed subsequent to (insert effective
date), then one unit shall be restricted as
affordable housing to the middle income price and
occupancy guidelines and shall comprise a minimum
of one-third (1/3) of the total floor area of the
duplex or the two dwellings; or one unit shall be
restricted as a resident occupied unit and shall
comprise a minimum of one-half (1/2) of the total
floor area of the duplex or the two dwellings;"
"Sec 5-206(B) (2)&(C) (8) Residential/Multi-Family (R/MF);
6
B. Permitted Uses. The following uses are permitted as of
right in the Residential/Multi-Family (R/MF) Zone
District:
2. Duplex residential dwelling. If either or both of
the duplex units have obtained a vested right or
are willfully demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the duplex; or one unit
shall be restricted as a resident occupied unit
and shall comprise a minimum of one-half (1/2) of
the total floor area of the duplex;"
c. Conditional uses. The following uses are permitted as
conditional uses in the Residential/Multi-Family (R/MF)
Zone District, subject to the standards and procedures
established in Art. 7, Div. 3.
8. For properties which contain a Historic Landmark:
bed and breakfast; boardinghouse; and two detached
residential dwellings or a duplex on a lot with a
minimum area of 6,000 sq. ft. If either or both
of the detached residential dwellings or duplex
units have obtained a vested right or are
willfully demolished and reconstructed subsequent
7
to (insert effective date), then one unit shall be
restricted as affordable housing to the middle
income price and occupancy guidelines and shall
comprise a minimum of one-third (1/3) of the total
floor area of the duplex or the two dwellings; or
one unit shall be restricted as a resident
occupied unit and shall comprise a minimum of one-
half (1/2) of the total floor area of the duplex
or the two dwellings;"
"Sec. 5-207 (C) (7) Residential/Multi-Family (R/MF-A);
c. Conditional uses. The following uses are permitted as
conditional uses in the Residential/Multi-Family (R/MF-A)
Zone District, subject to the standards and procedures
established in Art. 7, Div. 3.
7. Duplex residential dwelling. If either or both of
the duplex units have obtained a vested right or
are willfully demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the duplex; or one unit
shall be restricted as a resident occupied unit
and shall comprise a minimum of one-half (1/2) of
the total floor area of the duplex;
8
"Section 5-214 (C) (2)&(3) Office (0);
c. Conditional uses. The following uses are permitted as
conditional uses in the Office (0) Zone District,
subject to the standards and procedures established in
Art. 7, Div. 3.
2. Duplex residential dwelling. If either or both of
the dup1ex units have obtained a vested right or
are wi11fu11y demo1ished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordab1e housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
the total floor area of the duplex; or one unit
shall be restricted as a resident occupied unit
and shall comprise a minimum of one-ha1f (1/2) of
the total floor area of the duplex;
3. Two detached residential dwellings on a lot
containing a historic landmark with a minimum area
of 6,000 sq. ft. If either or both of the
detached dwellings have obtained a vested right or
are wi11fu11y demolished and reconstructed
subsequent to (insert effective date), then one
unit shall be restricted as affordable housing to
the middle income price and occupancy guidelines
and shall comprise a minimum of one-third (1/3) of
9
the total floor area of the two units; or one unit
shall be restricted as a resident occupied unit
and shall comprise a minimum of one-half (1/2) of
the total floor area of the two dwellings;"
"Sec. 5-215(B) (5) Lodge/Tourist Residential (L/TR);
B. Permitted Uses. The following uses are permitted as of
right in the Lodge/Tourist Residential (L/TR) Zone
District.
5. Detached residential or duplex dwellings, only on
lots of 6,000 square feet or less. If either or
both of the duplex uni ts have obtained a vested
right or are willfully demolished and
reconstructed subsequent to (insert effective
date), then one unit shall be restricted as
affordable housing to the middle income price and
occupancy guidelines and shall comprise a minimum
of one-third (1/3) of the total floor area of the
duplex; or one unit shall be restricted as a
resident occupied unit and shall comprise a
minimum of one-half (1/2) of the total floor area
of the duplex;"
section 2
That Article 5, Zone Districts, Sec. 5-202 D 10, external floor
area ratio for the R-15 zone district is hereby amended, by the
addi tion of the following note to the bottom of the external
10
floor area ratio table:
"Total external floor area ratio for two detached residential
dwellings on a lot of 20,000 sq. ft. or greater shall not exceed
the floor area allowed for one duplex."
section 3
That Article 5, Zone Districts, Sec. 5-205 D 10, external floor
area ratio for the Low-Density Residential (R-30) zone district
is hereby amended, by the addition of an asterisk"(*)" at the end
of the headings "detached residential dwellings" and "duplex" and
by the addi tion of the following note to the bottom of the
external floor area ratio table:
.. * Total external floor area ratio for two detached residential
dwellings on a lot of 30,000 sq. ft. or greater shall not exceed
the floor area allowed for one duplex."
section 4
That Article 5, Zone Districts, Sec. 5-214 D 10, external floor
area ratio for the Office (0) zone district is hereby amended, by
the addition of an asterisk" (*)" at the end of the headings
"detached residential dwellings" and "duplex" and by the addition
of the following note to the bottom of the external floor area
ratio table:
..* Total external floor area ratio for two detached residential
dwellings on a lot of 6,000 sq. ft. or greater shall not exceed
the floor area allowed for one duplex."
Section 5
That Article 5, Zone Districts, Sec. 5-205 D 8 is hereby amended
11
to read as follows:
"Sec. 5-205. Low Density Residential (R-30);
D. Dimensional Reauirements. The following dimensional
requirements shall apply to all permitted and
conditional uses in the Low-Density Residential (R-30)
Zone District.
8. Minimum distance between detached buildings on the
lot: 10".
section 6
That Article 7, Section 7-1008 (A)(1)(C)(2), Condominiumization,
of Chapter 24 of the Municipal Code of the city of Aspen,
Colorado is hereby amended to read as follows:
"Sec. 7-1008 (A) (1) (C) (2), Condominiumization;
"2. ApPlicability. The Affordable Housing Impact Fee
shall be applied to the condominiumization of new
or existing residential uni ts ~---"i'he--1rf-~Ma~}.e
~~~~~--%m~8e~--Fee--~~--~-~~--~--~fte
eel'i el e-m-i"ft-:i:-uflt.i-".~~ i ei'\- - -cf"- - ~ - ~~i-e-}- - -~ft~~!5 ,
unless the proj ect shall have already provided
affordable housing pursuant to Sec. 8-106 (E) (5),
or unless a minimum of fifty percent (50%) of the
dwelling units on the property shall be restricted
as affordable housing, in which case the project
shall be exempt from the impact fee. The
Affordable Housing Impact Fee shall also not apply
to the condominiumization of any unit which is
12
already restricted to the affordable housing
guidelines of the City's housing designee.
An applicant may request waiver of the Affordable
Housing Impact Fee by demonstrating that the
condominiumized unit will remain available to
employees of the community. Demonstration shall
be in the form of a restriction placed on the unit
that the unit will only be used as a resident
occupied unit, that any rental or sale of the unit
shall be reviewed by the City's housing designee
to monitor compliance with this restriction, and
that the unit will be limited to six (6) month
minimum leases, wi th no more than two shorter
tenancies per year.
Should the owner of a unit which has been
restricted as a resident occupied unit as a
condition of waiving the Affordable Housing Impact
Fee wish to convert it back to a free market unit,
this may be accomplished by requesting that the
city Council accept the then current applicable
Affordable Housing Impact Fee in place of the
permanent restriction on the unit...
Section 7
If any section, subsection, sentence, clause, phrase or
13
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 8
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
section 9
A public hearing on the Ordinance shall be held on the
day of , 1989, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
, 1989.
william L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of
14
, 1989.
ATTEST:
Kathryn S. Koch, City Clerk
gmqsupdateccord.2a
william L. Stirling, Mayor
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