HomeMy WebLinkAboutordinance.council.051B-89 ORDINANCE NO. 51 ~f-%~% ~
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE DEFINITION
OF DUPTmX; REVISING THE REQUIREMENTS FOR DUPLEXES IN THE
RESIDENTIAL/MULTI-FAMILY (R/MF AND R/MF-A) AND OFFICE (O) ZONE
DISTRICTS; CLARIFYING THE DIMENSIONAL REQUIREMENTS FOR TWO
DETACHED DWELLINGS IN THE MODERATE-DENSITY RESIDENTIAL (R-15),
LOW-DENSITYRESIDENTIAL (R-30) AND OFFICE (O) 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 3 of Chapter 24 of the Aspen Municipal Code,
Definitions, be amended, by repealing and re-enacting the
definition of "Dwelling, Duplex", to read as follows:
"DWELLING, DUPLEX means a two-family dwelling with the units
either side-by-side or in an over-under configuration. In the
side-by-side configuration, the units share a common wall, while
in the over-under configuration, they are stacked. A minimum of
twenty (20%) percent of the length of the two walls in common
shall be shared between the units, regardless of whether the wall
is shared by all floors of the units. The shared walls in common
shall not be the walls of a breezeway, or similar accessory
structure, but may include the walls of a garage.
Whenever either or both of the duplex units have obtained a
vested right or are willfully demolished and reconstructed
subsequent to (insert effective date), the following applies:
A. Affordable Housing. 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.
B. Exemption. The willful demolition and reconstruction
of either or both of the units in a duplex dwelling
shall be exempt from the affordable housing
requirements of Subsection A if, prior to demolishing
the unit, the owner qualifies as a resident occupant
and if, following its reconstruction, the owner places
a restriction on the unit, that for a period of five
years from the date of its occupancy , the owner will
occupy the unit as a resident occupied unit. At the
end of the five year period, the restriction shall no
longer be in effect and the unit may be sold or
occupied as a free market unit.
If the owner shall sell or otherwise transfer interest
in the unit prior to the end of the five year period,
the unit shall no longer be eligible for exemption and
shall be restricted pursuant to Subsection A.
C. Two Detached Residential Dwellings. Whenever this
Chapter shall permit two detached residential dwellings
as an alternative to a duplex, and either or both of
the detached residential dwellings have obtained a
vested right or are willfully demolished and
reconstructed subsequent to (insert effective date),
then the Affordable Housing requirements of subsection
A and the exemption provision of subsection B shall
apply to the detached residential dwellings."
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Section 2
That Article 5, Section 5-202 (B) (2) Moderate-Density
Residential; Section 5-205 (B) (2) ; Section 5-206 (B) (2)
Residential/Multi-Family (R/MF) ; Section 5-207 (C) (7)
Residential/Multi-Family (R/MF-A); and Section 5-214 (C) (2)
Office (O) are hereby amended to read as follows:
"Sec. 5-202(B)(2) 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 or two detached
residential dwellings on a lot with a minimum area
of 20,000 sq. ft."
"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."
"Sec 5-206(B)(2)&(C)(8) Residential/Multi-Family (R/MF)
B. Permitted Uses. The following uses are permitted as of
right in the Residential/Multi-Family (R/MF) Zone
District:
2. Duplex residential dwelling."
"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."
"Section 5-214(C) (2)&(3) office (O);
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."
Section 3
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
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 20,000 sq. ft. or greater shall not exceed
the floor area allowed for one duplex."
Section 4
That Article 5, Zone Districts, Sec. 5-205 D 10, external floor
area ratio for the Low-Density Residential (R-30) zone district
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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 30,000 sq. ft. or greater shall not exceed
the floor area allowed for one duplex."
Section 5
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 6
That Article 5, Zone Districts, Sec. 5-205 D 8 is hereby amended
to read as follows:
"Sec. 5-205. Low Density Residential (R-30);
D. Dimensional Requirements. 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
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lot: 10".
Section 7
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 units~---~he--~f~~e
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unless the project 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
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
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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, with 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 8
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 9
Nothing in this ordinance shall be construed to affect any
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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 10
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. Stifling, Mayor
ATTEST:
Kathryn $. Koch, City Clerk
FINArJ~, adopted, passed and approved this day of
, 1989.
William L. Stifling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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