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HomeMy WebLinkAboutordinance.council.027-04ORDINANCE NO. 27 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.090 OF THE CITY OF ASPEN LAND USE CODE - RESIDENTIAL MULTI-FAMILY (RMF) ZONE DISTRICT AND SECTION 26.710.100 OF THE CITY OF ASPEN LAND USE CODE - RESIDENTIAL MULTI-FAMILY A (RMFA) ZONE DISTRICT. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Director of the Community Development Department to propose amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212: and, WHEREAS, the purpose of the Infill Program is to implement action items identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill Advisory Group in January, 2002), and the Recommendations of the Economic Sustainability Committee (a joint project between the City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute Community Forum concluded in September, 2002) that call for: · intensification of land uses within the traditional townsite. · focusing of growth towards already developed areas and away from undeveloped areas surrounding the city. · development of mixed affordable and free-market residential Projects. · development of affordable housing in locations supported by the "Interim Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP). · balance between the community and the resort aspects of Aspen. · sustainability of the local social and economic conditions. · The creation of a development environment in which private sector motivation is leveraged to address community goals; and, WHEREAS, the amendments herein relate to the following Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.710.090 - Residential Multi-Family (RMF) Zone District page 2 26.710.100 - Residential Multi-Family A (RMFA) Zone District page 4; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Ordinance No. 27 Series of 2004. Page 1 Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WlIEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on September 3, 2002, continued to September 17. 2002, continued to September 24, 2002, continued to October 1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22, 2002; continued to October 29, 2002, continued to November 5, 2002, continued to November 12, 2002, continued ro November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17, 2002, took and considered public testimony at each of the aforementioned hearing dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above noted Chapters and Sections of the Land Use Code; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal 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 the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.710.'090, Residential Multi-Family (RMF) Zone District, which section regulates development within the Residential Multi-Family Zone District, shall read as follows: 26.710.090 Residential Multi-Fa~nily (RMF). A. Purpose. The purpose of the Residential Multi-Family (RMF) zone district is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family (RMF) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. Ordinance No. 27 Series of 2004. Page 2 B. Permitted uses. The following uses are permitted as of right in the Residential Multi- Family (RMF) zone district: 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmark properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi-Family (RMF) zone district, subject to the standards and prOcedures established in Chapter 26.425: 1'. 2. 3. 4. 5. Arts, Cultural, and Civic Uses. Academic Uses. Recreational Uses. Group home. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi-Family (RMF) zone district: Minimum lot size (sqttare feet): 6,000. For Historic Landmark properties: 3,000. Minimum lot area per dwelling, unit (square feeD: a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement. d. Bed and breal~fast, boardinghouse: No requirement. Minimum lot width ([keO: 60. For Historic Landmark properties: 30. Minimum front yard setback (feeO: a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 5. Minimum side yard setback (feeD: a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 6. Minimum rear vard setback (feeO: a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 7. Maximum hei~,,ht (according to density)(feeO: Ordinance No. 27 Series of 2004. Page 3 a. Detached residential m~d Duplex dwellings: Same as R6 zone district. b. Multi-Family parcel density less than one unit per 1,500 square feet of lot area: 25. c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. 8. Minimum distance between buildings on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor :1rea Ratio (FAR) (applies to each type of use, according to dens#v) (applies to con[brining and nonconforming lots of record): a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27, Series of 2004: 100% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See R6 Zone District.) Receipt of a Development Order shall constitute the date the use was established.. Replacement after Demolition shall not effect a new establishment date for the purposes of this section. City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit addit, i,onal floor area. b. Detached residential and Duplex dwellings established after the adoption of Ordinance 27, Series of 2004: 80% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. c. Multi-Family - parcel density of less than one unit per 1,500 square feet of lot area: .75:1. d. Multi-Family parcel density eqUal to or greater than one unit per 1,500 square feet of lot area: 1.25:1. e. Multi-Family parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5:1. Section 2: Section 26.710.100, Residential Multi-Family A (RMFA) Zone District, which section regulates development within the Residential Multi-Family A District, shall read as follows: 26.710.100 Residential Multi-Family A (RMFA). A. Purpose. The purpose of the Residential Multi-Family A (RMFA) zone district' is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family A (RMFA) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. Ordinance No. 27 Series of 2004. Page 4 B. Permitted uses. The following uses are permitted as of right in the Residential Multi- Family A (RMFA) zone district: 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmm-k properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi-Family A (RMFA) zone district, subject to the standards and procedures established in Chapter 26.425: 2. 3. 4. 5. Arts, Cultural, and Civic Uses. Academic Uses. Recreational Uses. Group home. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi-Family A (RMFA) zone district: ~Vlinimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. Minimum lot area per dwelling unit (square feeO: a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. Minimum lot width (/bet): 60. For Historic Landmark properties: 30 Minimum front yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 5. Minimum side yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 6. Minimum rear yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 7. Maximum hei,ght (according to densitF)(feeO: Ordinance No. 27 Series of 2004. Page 5 a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family - parcel density less than one unit per 1,500 square feet of lot area: 25. c. Multi-Family parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. 8. Minimztm distance between buildiny~s on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Fmnily: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio ('FAR) (applies to each _type of use, according to density) (applies to conl~brmin,~ and nonconforming, lots of record): a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27, Series of 2004: 100% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See R6 Zone District.) Receipt of a Development Order shall constitute the date the use was established. Replacement after Demolition shall not effect a new establishment date for the purposes of this section. City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. b. Detached residential and Duplex dwellings established after the adoption of Ordinance 27. Series of 2004: 80% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. c. Multi-Family - parcel density of less than one unit per 1,500 square feet of lot area: .75:1. d. Multi-Family - parcel density equal to or greater than one uni~ per 1,500 square feet of lot area: 1.25:1. e. Multi-Family - parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5:1. 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 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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. Ordinance No. 27 Series of 2004. Page 6 Section 5: 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 6: A public hem'ing on the Ordinance was held on the 23~d day of August, 2004, at 5:00 p.m. 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 Yvithin the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of July, 2004. · Attest: Kathryn S. ~h',-tZ~ty (~lerk FINALLY, adopted, passed and approved this ~'-day of~l~/j2004. Attest: Kathryn-S.~, ~i~t3~ Cleric Approved aS to form: C:Lhome\infill\mul ti-family\M ulti- Family Ord.doc Ordinance No. 27 Series of 2004. Page 7