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HomeMy WebLinkAboutordinance.council.078-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE AUTHORIZING THE DEVELOPMENT OF BONA FIDE LOW, MODERATE AND MIDDLE INCOME HOUSING WITHIN A HOUSING OVERLAY DISTRICT; PROVIDING FOR MULTI-FAMILY RESIDENTIAL USE WITH INCREASED RESIDENTIAL DENSITY; AND PROVIDING FOR THE DESIGNATION OF SUCH HOUSING OVERLAY DISTRICTS WHEREAS, it is deemed necessary to establish a Housing Over- lay District to encourage the development of bona fide low, moder- ate and middle income housing by allowing for a multi-family resi- dential use together with increased residential density, and, therefore, to create a lowered per unit land cost for such devel- opment; and WHEREAS, the City of Aspen Planning and Zoning Col~tission has reviewed and recommended the following proposed amendment to the City of Aspen Zoning NOW, THEREFORE, Code, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-2.1(a) of repealed and reenacted to read (a) In order to carry out the purposes of this City of Aspen is hereby divided tricts: (1) R-6 (2) R-15 (3) R-15A (4) R-30 (5) R-40 (6) R/ME (7) MHP (8) ~R (9) CC (10) C-1 (11) S/C/I (12) NC (13) 0 (14) L-1 the Aspen Municipal Code is hereby as follows: chapter, the into the following zone dis- Residential Residential Residential Residential Residential Residential/Multi-family Residential/Mobile Home Park Rural Residential Commercial Core Commercial Service/Commercial/Industrial Neighborhood Con~ercial Office Lodge RECORD OF PROCEEDINGS 100 Leaves 15) L-2 Lodge 16) CL Commercial Lodge 17) A Academic 18) C Conservation 19) P Park 20) Pub Public 21) SPA Specially Planned Area 22) PUD Planned Unit Development 23) T Transportation (Overlay) 24) D Drainage (Overlay) 25) H Historic (Overlay) 26) HS Housing (Overlay) Section 2 Article XIII of Chapter 24 of the Municipal Code of the City of Aspen is renumbered to be Article XIV of said Chapter 24. Section 3 Article XII of Chapter 24 of the Municipal Code of the City of Aspen is renumbered to be Article XIII of said Chapter 24. Section 4 Article XI of Chapter 24 of the Municipal Code of the City of Aspen is renumbered to be Article XII of said Chapter 24. Section 5 Article X of Chapter 24 of the Municipal Code of the City of Aspen is renumbered to be Article XI of said Chapter 24. Section 6 Chapter 24 of the Municipal Code of the City of Aspen is hereby amended by the adoption of a new Article X. ARTICLE X. HOUSING OVERLAY DISTRICT. Section 24-10.1. Purpose. The purpose of this Article is to provide for present and future housing needs of the community by authorizing the development of bona fide low, moderate and middle income housing free from speculative investment influence and for primary residential use by local residents. It is the intent of this article to promote such housing by allowing an increased residential density, and therefore a lowered per unit land cost, for selected development. RECORD OF PROCEEDINGS 100 Leaves Section 24-10.2. Housing Overlay District. There is hereby created a Housing Overlay District which, subject to the standards set forth in this article, may be used as permitted in Section 24-10.4. Section 24-10.3. Applicability. The Housing Overlay District shall be applied according to the provisions of this Article and shall have the effect of superimposing the permitted uses, and area and bulk require- ments of this Article upon the site so designated. The effect of applying the Housing Overlay District upon the site so designated is to modify the permitted uses, and area and bulk requirements created respectively by Sections 24-3.4, and 24- 3.4 of the Municipal Code of the City of Aspen which were applicable within the zone district which was in exist- ence for the site prior to the time of the Housing Overlay Designation to the permitted uses and area and bulk require- ments of this Article. Section 24-10.4. Permitted Uses. The following uses are permitted in the Housing Overlay Dis- trict: (a) One-family dwelling (b) Two-family dwelling (c) Multi-family dwelling, if one half or more of the dwelling units constructed on the site or area are deed restricted within the terms of Section 24- 10.4(b)(3) (d) Townhouses, if one-half or more of the dwelling units constructed on the site or area are deed restricted within the terms of Section 24-10.4 (b)(3) (e) Boardinghouse, roominghouse and dormatory (f) Accessory buildings or uses Section 24-10.5. Area and Bulk Requirements. (a) Minimum lot area. Sites or areas included within a Housing Overlay Dis- trict shall have the same minimum lot area requirement created by Section 24-3.4 of the Municipal Code of the City of Aspen which was applicable within the zone dis- trict which was in existence for the site prior to the time of the Housing Overlay District. (b) Required Minimum Lot Area per Dwellin9 Unit. Sites or areas included within a Housing Overlay Dis- trict shall have the following required minimum lot area per dwelling unit: (i) For sites or areas located in the R-6 zone the min- imum lot area per dwelling unit shall be 4,500 square feet, unless one-half or more of the dwell- ing units constructed on said site or area are deed restricted within the terms of Section 24-10.4(b)(3) 3 RECORD OF PROCEEDINGS 100 Leaves (2) (3) (4) (5) then the minimum lot area per dwelling unit shall be 2,250 square feet. For sites or areas located in the R-15 zone the minimum lot area per dwelling unit shall be 10,000 sq. ft., provided that a duplex is permitted on a minimum lot of 15,000 sq. ft. subdivided as of the effective date of Section 24-3.4. If one-half or more of the dwelling units constructed on said site or area are deed restricted within the terms of Section 24-10.4 (b)(3) then the minimum lot area per dwelling unit shall be 5,000 sq. ft., provided that a fourplex is permitted on a minimum lot of 15,000 sq. ft. subdivided as of the effective date of Section 24-3.4. For sites or areas located in the R-30 zone the minimum lot area per dwelling unit shall be 15,000 sq. ft., unless one-half or more of the dwelling units constructed on said site or area are deed restricted within the terms of Section 24-10.4(b) (3) then the minimum lot area per dwelling unit shall be 7,500 sq. ft. For sites or areas located in the R-40 zone the minimum lot area per dwelling unit shall be 20,000 sq. ft., unless one-half or more of the dwelling units constructed on said site or area are deed restricted within the terms of Section 24-10.4 (b)(3) then the minimum lot area per dwelling unit shall be 10,000 sq. ft. For sites or areas located in NC, C-i, L-i, L-2 or CL zones per dwelling unit shall be as the RMF, CC, S/C/I, the minimum lot area follows: 1,000 sq. ft. for a studio; for lots greater than 9,000 sq. ft., 1,250 sq. ft. for a one bedroom, 2,100 sq. ft. for a two bedroom; and 3,630 sq. ft. for a three bedroom; for lots of 9,000 sq. ft. or less, 1,200 sq. ft. for a one bedroom, 2,000 sq. ft. for a two bedroom, and 3,000 sq. ft. for a three bedroom; and for a unit with more than three bedrooms or with two baths or more the minimum lot area per dwell- ing unit shall be established by special re- view. If one-half or more of the dwelling units con- structed on said site or area are deed restricted within the terms of Section 24-10.4(b)(3) then the minimum lot area per dwelling unit shall be as fol- lows: 500 sq. ft. for a studio; for lots greater than 9,000 sq. ft., 625 sq. ft. for a one bed- room, 1,050 sq. ft. for a two bedroom, and 1,815 sq. ft. for a three bedroom; for lots of 9,000 sq. ft. or less, 600 sq. ft. for a one RECORD OF PROCEEDINGS 100 Leaves (6) bedroom[i, 1,000 sq. ft. for a two bedroom, and 1,500 sq. ft. for a three bedroom; and for a unit with more than three bedrooms or with two baths or more the minimum lot area per dwell- ing unit shall be established by special re- view. For sites or areas located in the 0 zone the mini- mum lot area per dwelling unit shall be as follows exclusive of accessory dwelling units: 6,000 sq. ft. for a single family, 3,000 sq. ft. for a duplex, with all other dwelling units as follows: 1,000 sq. ft. for a studio; for lots greater than 9,000 sq. ft., 1,250 sq. ft. for a one bedroom, 2,100 sq. ft. for a two bedroom, and 3,630 sq. ft. for a three bed- room; for lots of 9,000 sq. ft. or less, 1,200 sq. ft. for a one bedroom, 2,000 sq. ft. for a two bedroom, and 3,000 sq. ft. for a three bedroom; and for a unit with more than three bedroon~ or with two baths or more the minimum lot area per dwelling unit shall be estab- lished by special review. If one-half or more of the dwelling units con- structed on said site or area are deed restricted witin the terms of Section 24-10.4(b)(3) then the minimum lot area per dwelling unit shall be as follows: 3,000 sq. ft. for a single family, 1,500 sq. ft. for a duplex, with all other dwelling units as follows: 500 sq. ft. for a studio; for lots greater than 4,500 sq. ft., 625 sq. ft. for a one bedroom, 1,050 sq. ft. for a two bedroom, and 1,815 sq. ft. for a three bed- room; for lots of 9,000 sq. ft. or less, 600 sq. ft. for a one bedroom, 1.00 sq. ft. for a two bedroom, and 1,500 sq. ft. for a three bedroom; and for a unit with more than three bedrooms or with two baths or more the minimum lot area per dwelling unit shall be established by special review. (c) Minimum lot width. (d) Sites or areas included within a Housing Overlay Dis- trict shall have the same minimum lot width requirement created by Section 24-3.4 of the Municipal Code of the City of Aspen which was applicable within the zone dis- trict which was in existence for the site prior to the time of the Housing Overlay Designation. Minimum front yard, minimum side yard, and minimum rear yard. Sites or areas included within a Housing Overlay Dis- trict shall have the same minimum front yard, minimum 5 RECORD OF PROCEEDINGS 100 Leaves side yard, and minimum rear yard requirements created by Section 24-3.4 of the Municipal Code of the City of Aspen which was applicable within the zone district which was in existence for the site prior to the time of the Historic Overlay District. However, such minimum front yard, side yard, and rear yard requirements may be established on special review to allow for additions to existing structures when the existing structure en- croaches upon the requirements created by Section 24-3.4 and the addition to the structure will not create a new encroachment. e) Maximum height. f) Sites or areas included within a Housing Overlay Dis- trict shall have the same maximum height requirement created by Section 24-3.4 of the Municipal Code of the City of Aspen which was applicable within the zone dis- trict which was in existence for the site prior to the time of the Housing Overlay Designation. Minimum distance between principal and accessory building. Sites or areas included within a Housing Overlay Dis- trict shall have the same minimum distance between prin- cipal and accessory building requirement created by Sec- tion 24-3.4 of the Municipal Code of the City of Aspen which was in existence for the site prior to the time of the Housing Overlay Designation. 9) Per cent of open space required for building site. Sites trict space or areas included within a Housing Overlay Dis- shall have the following required per cent of open per building site: (1) For sites or areas located in the CC, SCI, NC, C-i, L-i, L-2 or CL zone the required per cent of open space shall be established on special review. (2) For all other sites or areas there shall be no requirement. (h) External floor area ratio. Sites or areas included within a Housing Overlay Dis- trict shall have the following required external floor area ratio: (1) For sites or areas located in the RMF, SCI or NC zone the maximum external floor area ratio shall be 1:1, however, for residential construction where one-half or more of the dwelling units con- structed on said site or area are deed restricted within the terms of Section 24- 10.4(b)(3) then the maximum external floor area ratio shall be 1.25:1. RECORD OF PROCEEDINGS 100 Leaves ~2) For sites or areas located in the O zone the maximum external floor area ratio shall be .75:1, however, for residential construction where one- half or more of the dwelling units constructed on said site or area are deed restricted within the terms of Section 24-10.4(b)(3) then the maximum external floor area ratio shall be 1:1. (3) For sites or areas located in the CC or CL zone the maximum external floor area shall be 2:1. (4) For sites or areas located in the C-t zone the maximuia external floor area shall be 1.5:1. (5) For all other sites or areas there shall be no requirement. (6) For sites or areas located in the L-1 or L-2 zone the maximum external floor area ratio shall be 1:1, however, for residential construction where one-half or more of the dwelling units to be con- structed on said site or area are deed restricted within the term of Section 24-10.4(b)(3) then the required external floor area ratio shall be 1.25:1. Section 24-10.6. Limitations. The Housing Overlay District shall not be applied nor shall any land be designated within the Housing Overlay District which is located within the R-15-A, MHP, RR, A, C, P or Pub zones. Section 24-10.7. Application for Designation of Site or Area within Housing Overlay District. (a) An owner of a site or area in the City of Aspen may apply at any time during the year for inclusion of such site or area within a Housing Overlay District. (b) An application for inclusion of such site or area within a Housing Overlay District must be accompanied by four- teen copies of a proposed site plan prepared by an arch- itect, landscape architect, engineer, land surveyor, or planner or the applicant in the case of a small project. The plan shall include the following to the degree and extent applicable: (1) Materials described under Section 24-8.7(d) and (e) of the Municipal Code. (2) The total number of dwelling units proposed for the site categorized by proposed type, square footage, number of bedrooms and baths, construction method, and projected sale price or monthly rental, and the name and previous experience of the proposed developer. RECORD OF PROCEEDINGS 100 Leaves Section 24-10.8. Procedure for Designation of Housing Overlay District. (a) Pre-application conference. Prior to formal filing of the application, applicants shall confer with the plan- ning office, city engineer, and housing director to ob- tain information and guidance concerning City policies, evaluation criteria and review procedures so as to avoid costly delays due to lack of information. (b) Referral. The application shall be referred to the housing director and, where applicable, to the agencies listed in Section 20-11 of the Municipal Code of the City of Aspen for review. The agencies shall have fif- teen (15) days to review and return to the planning office comments and recommendations on the application. (c) A Housing Overlay District shall be designated in accordance with the provisions for rezoning as outlined in Article XII of Chapter 24 of the Municipal Code, of the City of Aspen (which formerly was Article XI of said Chapter 24 and which was renumbered Article XII by Sec- tion 4 of this ordinance). (d) Nothing herein shall exempt any applicant from satisfy- ing the requirements of Chapter 20, "Subidivison Regula- tions'', of the Municipal Code of the City of Aspen. Section 24-10.9. Review Criteria (a) Sites or areas may be included within a Housing Overlay District provided the City Council shall find that the proposed development is appropriate for the neighborhood considering architectural design, bulk and density. For the purpose of this subsection, neighborhood shall mean and include an area of four (4) blocks in total length (two (2) blocks on either side of the site or area) measured along the street or right-of-way upon which the site or area fronts. In the case of a corner site or area the neighborhood shall be measured on each street or right-of-way (two (2) blocks on all four sides of the site or area). For the purpose of this section, a block shall mean either a city block or two hundred seventy (270) feet, whichever is shorter. (b) Applications for designation of a site or area within a Housing Overlay District which best achieve the greatest number of the following purposes will be preferred: (1) Compliance with the Planned Unit Development Statement of Purposes set forth in Section 24-8.1 of the Municipal Code of the City of Aspen; (2) Compliance with any adopted housing plan, specifically annual production goals, unit type, unit mix, desired price and rental categories, ownership/rental mix, deed restriction to sales price/rental guidelines, and deed restriction against condominiumization of rental units. 8 RECORD OF PROCEEDINGS 100 Leaves (3) Maximization of construction quality and unit size; (4) Geographic disbursal of deed restricted units and integration with other types of development; (5) Minimization of adverse environmental and social impacts; (6) Compatibility with surrounding land uses and zoning, including area and bulk requirements underlying zone district. of the (7) Proximity to transportation and the degree to which the proposal discourages automobile use while providing unique measures for the on or off site storage of automobiles which can be expected to be brought to town by the project's residents. In general, applications will be preferred which legalize illegal units which were created before the effective date of this ordinance, but restrict the rentals of the units. Further, applications will be preferred in areas which are relatively undeveloped as opposed to areas which are primarily built out in accordance with the area and bulk requirements of the underlying zone district. Also, applications will be preferred in areas where the development is either appropriate for the neighborhood or where it is possible to cluster development and mitigate the adverse effects of such development upon surrounding areas through the use of greenbelt and open spaces. In general, applications are discouraged in areas which are primarily developed and in which a uniform con, unity neighborhood exists. Section 7 That Section 24-11.2 (which formerly was Section 24-10.2 and which was renumbered Section 24-11.2 by Section 5 of this ordinance) shall be repealed and reenacted to read as follows: Section 24-11.2. Exceptions. The following development activity shall be exempted from complying with the allotment procedures hereinafter provided for: (a) The remodeling, restoration or reconstruction of any existing building (provided there is no expansion of commercial floor area nor creation of additional dwell- ing units with the exception that a single family home on a lot of sufficient area to conform with the minimum lot area per dwelling unit as well as the other area and bulk regulations of the district in a district which allows for the construction of a duplex may be remodeled or reconstructed as a duplex). For the purposes of this subsection the reconstruction of an illegally con- structed structure into dwelling unit(s) where the newly created dwelling unit(s) will comply with current build- ing codes and the conversion and deed restriction of the RECORD OF PROCEEDINGS 100 Leaves (b) (c) (d) (e) (f) (g (h (i newly created dwelling unit(s) in accordance with the provisions of Section 24-11.4(b)(3) of the Municipal Code of the City of Aspen shall be considered to be the "demolition" of the structure thus allowing the owner thereof to "reconstruct" the structure so "demolished" on another appropriately zoned lot within the City or, if in compliance with the minimum lot area as well as the other use, area and bulk regulations of the dis- trict, on the same lot, provided, however, that the "reconstructed" structure must be dedicated to the same use as the structure so "demolished", i.e. residential/ residential, commercial/commercial and lodge/lodge, and provided further that the "demolished" structure is "reconstructed" within one year of the issuance of a certificate of occupancy on the "demolished" structure for its use as dwelling unit(s). The enlargement of, or change of use in, a structure which has received individual historic designation; and The construction of one-single family or duplex structure on townsite lots or lot subdivided prior the effective date of this article; and to The construction of one single-family residence on a subdivided after the effective date of this article where the following conditions are met: lot (1) The tract of land which was subdivided had a pre- existing dwelling; (2) No more than two (2) lots were created by the sub- divis ion; Ail construction of essential governmental projects other than housing; and Ail other construction pursuant to valid building per- mits issued prior to the effective date of this article; Ail employee housing units constructed in the commer- cial, office, and lodge districts pursuant to the den- sity bonus provisions of this Code provided the housing units are constructed and deed restricted in accordance with the provisions of Section 24-11.4(b)(3); and Ail housing units constructed pursuant to Section 24- 11.10 subject to the special approval of the City Coun- cil upon the recommendation of the Planning & Zoning Commission which approval shall include a determination of community need considering, but not limited to, the number of units to be constructed, the type of units, and the rental/sale ]nix of the development; and Ail residential dwelling units constructed in a mixed free market/deed restricted housing project wherein at least seventy percent (70%) of the units are constructed and deed restricted in accordance with the provisions of Section 24-11.4(b)(3), provided, however, that the pro- ject has received special approval of the City Council 10 RECORD OF PROCEEDINGS 100 Leaves upon the recommendation of the Planning and Zoning Com- mission which approval shall include a determination of con, unity need considering, but not limited to, the num- ber of units to be constructed, the type of units, and the rental/sale mix of the development. For the purpose of this section, seventy percent (70%) of the total development shall mean seventy percent (70%) of the total number of bedrooms within the project. For the purposes of this section a studio shall be considered a 3/4 bedroom; and (j) Ail development not limited by the provisions of Section 24-11.1; provided that the building inspector shall, as required by Section 24-11.8, annually report the amount of residential, commercial, office and lodge construction exempted by reason of Section 24-11.2(b), (c) and (d), and the non-deed restric- ted portion of the residential construction exempted by rea- son of Section 24-11.2(i) within the previous year and these totals shall be deducted from the quota of allowable develop- ment in succeeding years. When reporting exempted construc- tion pursuant to subsection (b), the inspector shall calcu- late only the additional commercial floor area or dwelling units resulting from such construction. Section 8 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 9 A public hearing on the ordinance shall be held on the~/~- of ~/~/t~-~/~ , 19~, at 5:00 P.M. in the day City Council Chambers, Aspen City Hall, Aspen, Colorado, 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, Colorado, at its regular meeting held on the ~.~.~ day of 11 RECORD OF PROCEEDINGS 100 Leaves ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk FINALLY adopted, passed and approved on , 1979. the day of ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk 12