The URL can be used to link to this page

Home My WebLink Aboutordinance.council.008-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING TITLES 20 AND 26 OF THE ASPEN MUNICIPAL CODE TO WIT: SECTION 20.08.020 CERTIFICATE OF COMPLIANCE/EXEMPTION SECTION OF THE MULTI-FAMILY HOUSING REPLACEMENT PROGRAM; SECTION 26.04.100 DEFINITIONS FOR KITCHEN, BEDROOM, T AITOO PARLOR, ARTIST'S STUDIO, YARD, AND FLOOR AREA; SECTION 26.28.010 GENERAL PURPOSE SECTION OF THE ZONE DISTRICT REGULATIONS; SECTIONS 26.40.090.E and 26.40.090.A.3 ACCESSORY DWELLING UNITS; SECTIONS 26.58.040.F.1 and 26.58.040.F.4.c RESIDENTIAL DESIGN STANDARDS; SECTIONS 26.68.020, 26.68.030.B, 26.68.040.C, 26.68.050.B, 26.68.030.B.4 and 26.68.040.C.6, 26.68.060.B, DEVELOPMENT IN ENVIRONMENT ALLY SENSITIVE AREAS (ESA) EXEMPTIONS; SECTION 26.68.040.C.2 STREAM MARGIN REVIEW EXEMPTION; SECTION 26.88.030.A.2.b SUBDIVISION EXEMPTION; SECTION 26.92.030 PROCEDURE FOR AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP; SECTIONS 26.100.050.A.1.a and 26.102.040.A.5.d.2 GMQS TIMING OF EXEMPTION REQUEST PROCEDURES ORDINANCE a SERIES OF 1997 WHEREAS, Section 26.92.020 of the Municipal Code provides that amendments to Chapter 26 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Planning Office has determined that several sections of the code are either in error , or in need of clarification; and WHEREAS, the Planning Office recommends that certain sections of the Code be amended to address these inconsistencies and codification errors; and WHEREAS, the Planning Office is also recommending several amendments that add new provisions to the code; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments at a duly noticed public hearing on January 7, 1997 and recommend approval of the proposed amendments by a 6-0 vote; and WHEREAS, 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 by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the text amendments meet or exceed 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 this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the text amendments: 1. The proposed text amendments set forth in the Ordinance are not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed text amendments will promote the public interest and character of the City of Aspen. Section 2: Section 20.08.020 Multi-Family Housing Replacement Certificate of Compliance/Exemption of the Aspen Municipal Code shall be amended in the following fashion, with text in italics being added to the existing text: (c) Procedure. A Certificate of compliance or Certificate of exemption shall be obtained prior to the submission of a development application. (d) Appeals. Any person aggrieved by a decision of the housing designee in the administration of this title may appeal such decision to the Aspen City Council. Section 3: Section 26.04.100 Definitions of the Aspen Municipal Code shall be amended to add the following language in italics to the definition of Kitchen: Kitchen means that portion of a structure which includes a refrigerator, sink, and stove or other cooking device. 2 Section 4: Section 26.04.100 Definitions of the Aspen Municipal Code shall be amended in the following fashion, text in strikeout will be deleted and text in italics is added: Bedroom means that portion of a dwelling unit intended to which is designed to be suitable for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Section 5: Section 26.04.100 Definitions of the Aspen Municipal Code shall be amended to add the following definition of Tattoo Parlor: Tattoo Parlor is a business establishment principally engaged in the business of creating indelible marks or figures fixed upon the body by insertion of pigment under the skin or by production of scars for pay. Section 6: Section 26.04.100 Definitions of the Aspen Municipal Code shall be amended to add the following definition of Artist's Studio: Artist's Studio is a workshop of a painter, sculptor, potter, weaver, carver, photographer, or other similar art that requires artistic skill, and not generally receiving the public, related to personal adornment, or engaging in retail sales. Section 7: Section 26.04.100 Definitions of the Aspen Municipal Code shall be amended with regards to Floor Area, item G. Accessory Dwelling Units or Link Pavilion to be amended in the following fashion, with text in italics being added to the existing text: G. Accessory Dwelling Unit or Linked Pavilion. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval pursuant to Section 26.60.030 of this code, and the units must be deed restricted, registered with the Housing Office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An accessory dwelling unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four 3 hundred fifty (450) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of floor area. Any element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Section 8: Section 26.04.100 Definitions Section of the Aspen Municipal Code shall be amended with the addition of the following text added to Yard, A.: 7. If a driveway to a garage is below natural grade within the required front yard setback the resulting cut cannot exceed two (2) feet in depth, measured from natural grade. Section 9: Section 26.28.010 General Purpose Section of the Zone District Regulations of the Aspen Municipal Code shall be amended. The existing text becomes paragraph A. and the new text is added as paragraph B. which follows: ~- B. In order to ensure that all development is consistent with the goals and objectives of the Aspen Area Community Plan and this title of the Municipal Code, tIre phrase "long term" which is specified throughout this Chapter means the occupancy of a dwelling unit for residential purposes for a time period not less than six (6) consecutive months and shall include rental occupancies, except that two shorter rental occupancies may be allowed per dwelling unit per year. Section 10: Section 26.40.090.A Accessory Dwelling Units of the Aspen Municipal Code shall be amended in the following fashion: 3. "A" detached accessory dwclling unit shall only be pcrmittcd on parcels ~~~:~;~ s:~:dary and/ or alley access, e)(ceptingpar~cls Vl~th c,dsting S cORvcrted to dctached accessory dwellmg UnIts, detached g:;;~;~~r carports where an acccssory d'wclling unit is pr~:~~ above, attached to, or contained 'i'litfl4n such detachcd garage or carport. Dctached accessory d'welling units arc prohibited within the R 15B zone district. Section 11: Section 26.40.090.E FAR for Accessory Dwelling Units of the Aspen Municipal Code shall be amended in the following fashion, with new language indicated in italics: FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) 4 percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval pursuant to Section 26.60.030 of this code, and the units must be deed restricted, registered with the Housing Office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An accessory dwelling unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fijhj (450) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of floor area. Any element linking the principal structure to the accessory unit may be no more than one (1) stonj tall, six (6) feet wide and ten (10) feet long. Section 12: Section 26.58.040.F.1 Residential Design Standards of the Aspen Municipal Code shall be amended in the following fashion, with new language indicated in italics: 1. Accessory dwelling unit or linked pavilion. For the purposes of calculating' floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessonj dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval pursuant to Section 26.60.030 of this code, and the units must be deed restricted, registered with the Housing Office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An accessory dwelling unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (450) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of floor area. Any element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Section 13: Section 26.58.040.F .4.c Residential Design Standards of the Aspen Municipal Code shall be amended in the following fashion: c. Other provisions applicable to all zoning districts. No portion of a drhrcway to a garagc shall bc bclov; natural gradc TNithiR thc requircd front sctback. 5 If a driveway to a garage is below natural grade within the required front yard setback the resulting cut cannot exceed two (2) feet in depth, measured from natural grade. All portions of a garage, carport or storage area parallel to the street shall be recessed behind the front facade a minimum of ten (10) feet. Garages below natural grade, garages with a vehicular entrance width greater than twenty-four (24) feet, and garages with vehicular entrance width greater than forty (40) percent of the front facade in total shall meet one of the following conditions: (1) All elements of the garage shall be located within fifty (50) feet of the rear lot line, or (2) All elements of the garage shall be located farther than one hundred fifty (150) feet from the front lot line, or (3) The vehicular entrance to the garage shall be perpendicular to the front lot line. An element linking a detached garage to the principal structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Section 14: Section 26.68.020 Development in Environmentally Sensitive Areas (ESA) Authority Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: The commission, in accordance with the procedures, standards and limitations of this chapter, shall approve, approve with conditions, or disapprove a development application for development in an environmentally sensitive area (ESA). The Community Development Director, in accordance with the procedures, standards and limitations of this chapter shall approve, approve with conditions, or disapprove a development application for development exemptions in an environmentally sensitive area (ESA). Section 15: Section 26.68.030.B Development in Environmentally Sensitive Areas (ESA) 8040 Greenline Review Exemption Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: Exemption. The Community Development Director shall approve the expansion, remodeling or reconstruction of an existing 8040 green line development if the following standards are met: 4. All exemptions are cumulative. Once a development reaches the totals specified in Section 26.68.030.B.l, an 8040 greenline review must be obtained pursuant to Section 26.68.030.C. 6 Section 16: Section 26.68.040.C Development in Environmentally Sensitive Areas (ESA) Stream Margin Exemption Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: Exemption. The expansion, remodeling, or reconstruction of an existing development shall be exempt from stream margin review by the Community Development Director if the following standards are met: 6. All exemptions are cumulative. Once a development reaches the totals specified in Section 26.68.040.C.l, a stream margin review must be obtained pursuant to Section 26.68.040.B. Section 17: Section 26.68.050.B Development in Environmentally Sensitive Areas (ESA) Mountain view plane review Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: Exemption. Development which shall be exempt from mountain view plane review, by the Community Development Director, shall include the addition of any mechanical equipment to an existing development which protrudes into the view plane, except for the following types of equipment: Section 18: Section 26.68.060.B Development in Environmentally Sensitive Areas (ESA) Hallam Lake Bluff review Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: Exemption. The exterior expansion, remodeling or reconstruction of an existing structure or development, or the removal of trees or shrubbery, shall be exempt from Hallam Lake Bluff review, by the Community Development Director, if the following standards are met. Section 19: Section 26.68.040.C.2 Development in Environmentally Sensitive Areas (ESA) Stream Margin Review Exemption Section of the Aspen Municipal Code shall be amended in the following fashion: 7 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04..4.50 Section 13.20. Section 20: Section 26.88.030.A.2.b Subdivision Exemption of the Aspen Municipal Code shall be amended in the following fashion: No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.04.0(.\)(1) (c) Section 26. 100.050(A) (2) (c). Section 21: Section 26.92.030 Procedure from Amendment to the Official Zone District Map of the Aspen Municipal Code shall be amended in the following fashion: A development application for an amendment to the text of this title or the official zone district map shall be reviewed and recommended for approval, approval with conditions or disapproval by the planning director and then by the commission at a public hearing, and then approved, approved with conditions, or disapproved by the city council at a public hearing in accordance with the procedure established in Common Procedures, Chapter 26.52. 1'.. dc-yTdopment application for an :nendment to the text of this title may be submitted at any time during ~~~~:: ~ d~:dopment applicatio~ for an <Hnen~ment t~~: ~~i~i~~ tf t P may only be subrmtted on or pnor to February 15 and z:~;:: each YC01', or -y be _tted Hi caRj1ffiClioR :;~~ Ie e t applIcation for a CMQS allotment on the annual date for submission of such applicatiol16. Section 22: Section 26.100.050.A.1.a Growth Management Quota System Exemptions Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete bu.ildiRg permit application has been submitted pUfSU.ant to Section 26.52.070. completed application for exemption has been submitted to the Community Development Director. 8 Section 23: Section 26.102.040.A.5.d.2 Growth Management Quota System Commercial and Office Development Exemption Section of the Aspen Municipal Code shall be amended in the following fashion, with the new text in italics: Procedure. Before any development can be considered for an exemption from the requirements of this section by the Community Development Director, a completed application for exemption shall be submitted to the Community Development Director. In addition to these general requirements, if the application requests an exemption for delayed reconstruction pursuant to Section 26.102.040(A) (1) (a) (2), an improvements survey of the structure shall also be submitted for verification by the Community Development Department staff prior to any demolition taking place. The application shall be approved if it meets the standards of Section 26.102.040(A) (1). Section 24: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 25: 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 26: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 27: A public hearing on the Ordinance was held on the /Dday of '-fYL~ 1997 at 5:00pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published 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 10 day Of~ 1997. 9 Attest: ~ 4-4fiA-/ Kathryn S. h, City Clerk JOhn~tt,~~ !D day of I ~JNALL Y ADOPTED, PASSED AND APPROVED this '-1' Jt{A.A et.--1997. ,...--, Attest: [c: \ /tome \ man}l \ ords \ misamnd.doc J jL I?~ John Bennett, Mayor 10