HomeMy WebLinkAboutordinance.council.059-89 ORDINANCE NO. 59
(SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24,
ARTICLE 5, DIVISION 2 OF THE ASPEN MUNICIPAL CODE TO CREATE A NEW
SECTION 5-208, AFFORDABLE HOUSING (AH) ZONE DISTRICT
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 the
creation of an Affordable Housing (AH) zone district; and
WHEREAS, the Council recognizes that the Aspen Planning and
Zoning Commission has held a public hearing for the creation of
this zone district on March 28, June 13, July 11 and July 25,
1989; and
WHEREAS, the Council is aware that in order to accomplish
their affordable housing goals a zoning tool such as the
Affordable Housing zone is essential;
WHEREAS, the Council has held public work sessions on the
Affordable Housing zone on June 8 and August 14, 1989; and
WHEREAS, both the Council and the Planning and Zoning
Commission recognize the importance of affordable housing to
preserving the fabric of the Community; and
WHEREAS, in 1987, the draft Affordable Housing Production
Plan identifies a 250 unit affordable housing shortfall; and
WHEREAS, the Affordable Housing zone district is part of the
City's implementation strategy for the Affordable Housing
Production Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 5, Division 2 of the Aspen Land Use Regulations
be amended by the creation of a new Section 5-208, Affordable
Housing (AH) zone district which shall read as follows, and the
renumbering of all subsequent sections in this Division
accordingly:
Sec. 5-208 Affordable Housinq (AH)~
A. ~ The purpose of the Affordable Housing (AH)
Zone District is to provide for the use of land for the
production of low, moderate and middle income
affordable housing and Resident Occupied Units. The
zone district also permits a limited component of free
market units to off-set the cost of developing
affordable housing. It is contemplated that land may
also be subdivided in connection with a development
plan. The Affordable Housing (AH) Zone District is
intended for residential use primarily by permanent
residents of the Community. Recreational and
institutional uses customarily found in proximity to
residential uses are included as conditional uses.
Lands in the Affordable Housing (AH) Zone District
should be scattered throughout the City to ensure a mix
of housing types, including those which are affordable
by its working residents; at the same time the
Affordable Housing (AH) Zone District can protect the
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City's neighborhoods from rezoning pressures that other
non-community oriented zone districts may produce.
Further, lands in the Affordable Housing (AH) Zone
District should be located within walking distance of
the center of the City, or on transit routes.
B. permitted uses. The following uses are permitted as of
right in the Affordable Housing (AH) Zone District.
1. Residential uses restricted to low, moderate and
middle income affordable housing guidelines and
resident occupied units must comprise at least 70
percent of the unit mix, of the development. Free
market development may comprise up to 30 percent
of the unit mix, and 40 percent of the bedroom mix
of the development. Residential uses may be
comprised of single-family, duplex and multi-
family dwelling units;
2. Home occupations; and
3. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as
conditional uses in the Affordable Housing (AH) Zone
District, subject to the standards and procedures
established in Art. 7, Div. 3.
1. Open use recreation site;
2. Day care center;
3. Satellite dish antennae; and
4. Dormitory
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Affordable Housing (AH) Zone
District.
1. Minimum lot size (sq. ft.): +r~8 3,000
2. Minimum lot area per dwelling unit (sq. ft.):
Detached residential dwelling: 3,000
Duplex: }r~-l,500
For multi-family dwellings on a lot of 27,000
sq. ft. or less or for lots of 43,560 s.f. or
less when approved by special review pursuant
to Art. 7, Div. 4, the following sq. ft.
requirements apply:
studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: one (1)
bedroom per 400 square feet of lot area.
For multi-family dwellings on a lot of more
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than 27,000 sq. ft. (except when varied by
Special Review) the following sq. ft.
requirements apply:
studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: one (1)
bedroom per 1,000 square feet of lot
area.
3. Minimum lot width (ft.):-+8 30
4. Minimum front yard (ft.):
principal building: 10
accessory building: 15
5. Minimum side yard (ft.): The minimum side yard for
single-family and duplex dwellings is 0 ft. for
each side yard; 15 ft. total minimum for both side
yards. (Minimum side yard shall be 5' for yards
which are continous to any zone district other
than Affordable Housing.)
The minimum side yard for multi-family dwellings
shall be 5 feet.
6. Minimum rear yard (ft.):
principal building: 10
accessory building: 5
7. Maximum height (ft.): 25; increasable up to 30' by
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special review pursuant to Art. 7, Div.4.
8. Minimum distance between buildings on the lot
(ft.): 5
9. Percent of open space required for building site:
to be established by special review pursuant to
Art. 7, Div. 4; open space may be used for off-
street parking by special review, pursuant to
Art.7, Div. 4.
10. External floor area ratio (applies to conforming
and nonconforming lots of record).
DETACHED RESIDENTIAL DWELLINGS
Lot Size
Allowable
~SO.Ft.) SQ. Ft.
0- 3,000 58 80 sq. ft. of floor area for
each 100 sq.ft, in lot area,
up to a maximum of ~r~8 2,400
sq. ft. of floor area.
3,000- 6,000 ~r5~8 2,400 sq. ft. of floor
area, plus ~8 28 sq.ft, of
floor area for each additional
100 sq. ft. in lot area, up to
a maximum of ~r~o~ 3,240
sq. ft. of floor area.
6,000- 9,000 ~r~8 3,240 sq. ft. of floor
area, plus ~8 14 sq. ft. of
floor area for each additional
100 sq. ft. in lot area, up to
a maximum of ~r~8~ 3,660
sq. ft. of floor area.
9,000+
~r%~8 3,660 sq.ft, of floor
area.
DUPLEX
Lot Size
Allowable
(SO. Ft. )
SQ.Ft.
0- 3,000 68 90 sq. ft. of floor area for
each 100 sq. ft. in lot area,
up to a maximum of ~r~8 2,700
sq. ft. of floor area.
3,000- 6,000 ~r~8 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 ~r~8 3,600 sq. ft.
of floor area.
6,000- 9,000 ~r~8 3,600 sq. ft. of floor
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area, plus ~8 16 sq. ft. of
floor area for each additional
100 sq. ft. in lot area, up to
a maximum of ~r~e~ 4,080
sq. ft. of floor area.
9,000+ ~r}~8 4,080 sq. ft. of floor
area.
MULTI-FAMILY
Allowable
Lot Size
_ SQ. Ft.
0- 27,000 s.f 1.1:1
27,001 s.f- 43,560 s.f .36:1, increasable to 1:1
by special review,
pursuant to Art. 7,
Div. 4.
43,561 s.f- 3 acres .36:1
> 3 acres- 6 acres .33:1
> 6 acres- 9 acres .30:1
> 9 acres- 18 acres .27:1
>18 acres .24:1
11. Internal floor area ratio: no requirement
E. Qff-street parking requirement. The following off-
street parking spaces shall be provided for each use in
the Affordable Housing (AH) Zone District.
1. Residential uses: established by special review
pursuant to Art. 7, Div. 4. The maximum number of
parking spaces required shall not exceed 1
space/bedroom or 2 spaces/dwelling unit whichever
is less.
2. Ail other: N/A.
Section 2. Article 8,8-104 (C)(1) Growth Management Quota
Systems Exemptions by City Council of Chapter 24
of the Municipal Code of the City of Aspen,
Colorado, are hereby amended to read as follows:
"8-104 (C)(1)(e) ~ffordable Housing Zone District,,
The development of no more than fourteen (14) free
market dwelling units for entire City in one
calendar year.
Section 3.
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 4.
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 5. ~J
A public hearing on the Ordinance shall be held on the ~w/~
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 ~'Szf~/ day of
William L. Stirring, Mayor
ATTEST: _ /
kathryn s/Koch, City Clerk
FINALLY, adopted, passed and approved this ,~~ day
William L. Stirling, ~ayor
A~FST: .
Kathryn~.' Koch, City Clerk
ah.zone.ord.cc.lst.read2
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