HomeMy WebLinkAboutordinance.council.055-95 EXHIBIT B
ORDINANCE NO. 55
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-5-206.2 TO PROVIDE MORE DESIGN FLEXIBILITY WITHi A
PLANNED UNIT DEVELOPMENT OVERLAY, AMEND THE ALLOWABLE FLOOR AREAt
AND AMEND THE BEDROOM MIX BETWEEN AFFORDABLE AND FREE MARKET UNITS
IN THE AFFORDABLE HOUSING ZONE DISTRICT.
WHEREAS, Section 24-7-1103 Of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
Commission at public hearing, and then approved, approved with
conditions, or disapproved by the City Council at public hearing;
and
WHEREAS, the Aspen Area Community Plan recommends the adoption
of an Affordable Housing zone district in Pitkin County, and the
Plan also recommends refinement of the existing Affordable Housing
zone district in the City with additional revisions to the Resident
Occupied category housing; and
WHEREAS, the Aspen Area Community Plan also created a metro
area development allocation pool that requires any changes to the
development review process for the metro area to be reviewediby
both the City and County Planning and Zoning Commissions as the
Growth Management Commission; and
WHEREAS, the Community Development staff proposed to both the
joint Planning and Zoning Commissions and the Council and Boardiof
County Commissioners the adoption of the Affordable Housing zone
district in Pitkin County and additional revisions to the city's
Affordable Housing zone district; and
WHEREAS, the Board of County Commissioners and the city
Council did conduct several worksessions with regard to the
proposed amendments and the overall coordinated goals and
objectives of the Affordable Housing amendments as they relate!to
the AACP; and
W/4EREAS, the joint, City and County Planning and Zoning
Commissions held several worksessions and did conduct public
hearings to review the proposals on August 1, 1995 and again~on
September 26, 1995; and
WHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
Commission has recommended approval of the text amendments
recommended by the Community Development staff pursuant to
procedure as authorized by Section 24-6-205 (A) (5) of the
Municipal Code; and
WI~EREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commissions, and has taken and considered public commentiat
public hearing; and
W~EREAS, .the city council finds that the text amendments meet
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or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City council finds that the proposed text
amendment will allow and promote better site design, encourage
small, family-oriented affordable housing, promote housing
proposals that reflect surrounding neighborhood characteristics and
will be consistent with the public welfare and the purposes and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY!OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the text amendment:
1. The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal code or the
Aspen Area Community Plan.
2. The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code.
3. The proposed text amendments will promote the public interest
and character of the city of Aspen.
4. The proposed text amendments are consistent with the
recommendations of the Aspen Area community Plan.
Section 2: Section 5-206.2 of Chapter 24 of the Municipal Codeof
the City of Aspen, Colorado, is hereby amended, which new text
shall read as follows:
Sec. 5-206.2. Affordable Housing/Planned Unit Development (AH
1/PUD)
A. Purpose. The purpose of the Affordable Housing (AH) zone
district is to provide for the use of land for the production
of Category 1, 2, 3, and 4 affordable housing and resident
occupied lots and units. The zone district also permits a
limited component of free market lots/units to off-set the
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cost of developing affordable housing. It is contemplated
that land may also be subdivided in connection with! a
development plan.
The Affordable Housing i/PUD (AH) zone district is intended
for residential use primarily by permanent residents of the
community. Recreational and institutional uses customar±ly
found in proximity to residential uses are included as
conditional uses. Lands in the Affordable Housing (AH i/PUD)
zone district should be scattered throughout the city ito
ensure a mix of housing types, including those which are
affordable by its working residents; at the same time the
Affordable Housing (AH i/PUD) zone district can protect the
city's neighborhoods from rezoning pressures that other non-
community oriented zone districts may produce. Further, lards
in the Affordable Housing (AH i/PUD) zone district should!be
located within walking distance of the center of the city, ~or
on transit routes. The City AH i/PUD zone district only
applies within the Aspen Municipal boundaries.
B. Permitted uses. The following uses are permitted as of right
in the Affordable Housing (AH i/PUD) zone district.
1. Residential uses restricted to Category 1, 2, 3, and 4
affordable housing guidelines and resident occupied units
(as defined by the Housing Authority Guidelines of the
Aspen/Pitkin County Housing Authority) must compriseiat
least seventy (70) percent of the unit mix, of the
development. Of this 70%, 40% of the units must be deed
restricted to Category 1, 2, 3, or 4 pursuant to the
Affordable Housing Guidelines, and Resident Occupied
units may comprise up to 30% of the unit mix. Free
market development may comprise up to thirty (30) percent
of the units mix. For projects that comprise only 3
residential units, of this 33% of the units must be deed
restricted to Category 1, 2, 3, or 4 pursuant to the
Affordable Housing Guidelines,and Resident Occupied units
may comprise 33%, and free market development may
comprise up to 33% of the units mix.
Only 30% percent of a project's bedrooms may be located
within free market units. Category housing and Resident
Occupied units must comprise 70% of the bedroom mix.
Despite these requirements, projects may be comprisediof
all Category deed restricted or Resident occupied units.
In the event that no free market development is proposed
as part of the project, the limitation on Resident
Occupied units and bedroom mix shall not apply°
Residential uses may be comprised of single-family,
duplex and multi-family dwelling units.
In order to be eligible for a reduction in the
requirement to the level of 60% Affordable Housing and
40% Free Market Housing the project shall be required!to
demonstrate to the satisfaction of the city Council that
all of the following criteria have been met.
a. The quality of the proposed development
substantially exceeds that established in the
minimum threshold for the scoring established in
Sec. 4-60.65-B.V.
b. The proposal maximizes affordability, consistent
with housing needs established as priority through
the current AH Guidelines;
c. The proposal integrates a mixture of economic levels
and housing for a variety of lifestyles (e.g.,
singles, seniors and families);
d. The proposal minimizes impacts on infrastructurelby
incorporating innovative, energy-saving site design,
structural design characteristics or other
techniques that minimize the use of water, heating
and sewage disposal;
e. The proposal incorporates or integrates with ian
existing local based economy (i.e., sustainable
local businesses);
f. The proposal accomplishes a level of design and site
plan ingenuity that advances the community goals
expressed in the Aspen Area Community Plan; andi
g. The proposed project represents an exceptional
commitment to advancing the visions, goals and
specific action items of the Aspen Area Community
Plan, particularly those described in the scoring
criteria of Secs. _;~-l~
h. No RO units are included in the project; only
category units are included in the project.
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 Article
7, Division 3.
1. Open use recreation site;
2. Day care center;
3. Satellite dish antennae; and
4. Dormitory.
5. Transit facilities
D. Dimensional' requirements. The following dimensional
requirements shall apply to all permitted and conditional uses
in the Affordable Housing (AH i/PUD) zone district.
1. Minimum lot size (square feet):
a. for subdivided lots from a parcel of 27,000 square
feet or larger: 3,000 square feet
b. for subdivided lots from a parcel less than 27,000
square feet: 1,500 square feet
2. Minimum lot area per dwelling unit (square feet):
a. For subdivided lots from a parcel of 27,000 square
feet or larger:
Detached residential dwelling: 1,500 square feet
Duplex: 1,500 square feet
b. For subdivided lots from a parcel less than 27,000
square feet:
Detached: 3,000 square feet
Duplex: 1,500 square feet
For multi-family dwellings on a lot that was
subdivided from a parcel of 27,000 square feetior
less or for lots that were subdivided from a parcel
of 43,560 square feet or less when approved by
special review pursuant to Article 7, Division!4,
the following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One
: bedroom per 400 square feet of lot area.
For multi-family dwellings on a lot that was
subdivided from a parcel of more than 27,000 square
feet (except when varied by special review) the
following square feet requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One
bedroom per 1,000 square feet of lot area.
3. Minimum lot width (feet): To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations.
4. Minimum front yard (feet): To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations.
5. Minimum side yard (feet): To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations.
The minimum side yard for multi-family dwellings: Tolbe
determined during PUD review, based upon the criteriain
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulations~
6. Minimum rear yard (feet): To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations.
7. Maximum height (feet): To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations.
8. Minimum distance between buildings on the lot. To be
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulations
9. Percent of open space required for building site: Toi be
determined during PUD review, based upon the criteria!in
Section 7-903 including but not limited to neighborhood
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compatibility and adjacent zone district regulations
10. External floor area ratio (applies to conforming and
nonconforming lots of record).
The allowable floor area permitted in 'this
zone is determined by the following table and
shall be applied to the proposed fathering
parcel. Floor area allocations on newly
proposed subdivided lots shall be determined
as part of the Planned Unit Development
review, but in no case shall they cumulatively
exceed the provisions of this section. Sites
may be developed up to 85% of the allowed
floor area. Up to 100% of the floor area may
be permitted by special review, pursuant to
Article 7, Division 4.
Lot Size Allowable
(Square Feet) Square Feet
0--15,000 square feet 1.1:1
15,001 square feet--25,000 square feet 1:1
25,001--43,560 square feet .8:1
>1 acre--3 acres .6:1
>3 acres -- 6 acres .36:1
>6 acres .3:1
11. Internal floor area ratio: No requirement.
E. Off-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 Article 7, Division 4. The maximum number of parking
spaces required shall not exceed 2 space/dwelling unit
for Free Market Units. Parking spaces shall not exceed
1 space/bedroom or 2 spaces/dwelling unit, whichever is
less for the Affordable Units.
2. All other: N/A.
Section 3: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealedi or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
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Section 4: If any section, subsection, sentencer clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portiion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereo~.
Section 5: A public hearing on the Ordinance shall be held on ~he
// day of~-~ 1995 at 5:00 in the City Council Chambers, Aspen
city Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the 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 Cit~ Council of the city of Aspen on the /i,~ day of
JohnV'Bennett, Mayor
Kathryn~ Koch, city Clerk
F~NALLY, adopted, passed and approved this /'[ day of
1995.
John Bennett, Mayor
Kathryn S./~o~h, city Clerk
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