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HomeMy WebLinkAboutordinance.council.016-80RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. /G (Series of 1980) AN ORDINANCE AUTHORIZING THE DEVELOPMENT OF BONA FIDE LOW, MODERATE AND MIDDLE INCOME HOUSING THROUGH AN ESTABLISHED RESIDENTIAL BONUS; ESTABLISHING AN OVERLAY ZONE WHICH PROVIDES FOR SUCH A RESIDENTIAL BONUS; AND ESTABLISHING A PROCESS FOR THE DESIGNATION OF PROPERTY WITHIN SUCH RESIDENTIAL BONUS OVERLAY DISTRICT WHEREAS, it is deemed necessary to establish a Residential Bonus Overlay~District to encourage the development of bona fide low, moderate and middle income housing by allowing for a multi- family residential use together with increased residential den- sity, and, therefore, to create a lowered per unit land cost for such development; and WHEREAS, the City of Aspen Planning and Zoning Co~lission has reviewed and reco~m~ended the following proposed amendment to the City of Aspen Zoning Code, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-2.1(a) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (a) In order to carry out the purposes of this chapter, the City of tricts. Aspen is hereby divided into the following zone dis- (i) R-6 (2) R-15 (3) R-15A (4) R-30 (5) R-40 (6) R/ME (7) MHP (8) RR (9) cc (10) c-1 (11) S/C/I (12) NC (13) O Residential Residential Residential Residential Residential Residential Multi-family Residential Mobile Home Park Rural Residential Commercial Core Commercial Service Co~u~ercial Industrial Neighborhood Commercial Office RECORD OF PROCEEDINGS 100 Leaves (14) L-1 Lodge (15) L-2 Lodge (16) CL Col~ercial Lodge (17) A Academic (18) C Conservation (19) P Park (20) Pub PuDlic (21) SPA Specially Planned Area (22) PUD Planned Unit Development (23) T Transportation (Overlay) (24) D Drainage (Overlay) (25) H Historic (Overlay) (26) RB Residential Bonus (Overlay) Section 2 Article XIII of Chapter 24 of the Municipal Code of the City of Aspen is renulabered 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. RESIDENTIAL BONUS 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. 2 RECORD OF PROCEEDINGS 100 Leaves Section 24-10.3. Residential Bonus Overlay District. There is hereby created a Residential Bonus Overlay District which, subject to the standards set forth in this article, may be used as permitted in Sections 24-10.3 and 24-10.4. Section 24-10.3. Ai3pl icabil ity. (a) The Residential Bonus 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 requirements of this Article upon the site so designated. The effect of applying the Residential Bonus 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 Residential Bonus Overlay Designation to the permitted uses and area and bulk requirements of this Article. (b) The Residential Bonus Overlay District shall be applied and a residential bonus shall be granted only in connec- tion with a "pure" residential project. A mixed resi- dential and colmnercial or residential and office project shall not be eligible for designation or for a residen- tial bonus. (c) The Residential Bonus Overlay District shall only be applied within the R-6, R-15, R-15A, R-30, R-40, RMF~ CC, SCI, NC~ C-l, L-l, L-2, CL, Public and 0 zone dis- tricts. In the R-6, R-15, R-15A, R-30 and R-40 zone districts the Residential Bonus Overlay District shall only be applied to vacant sites of one (1) acre or more in size. In the RMF, CC, SCI, NE, C-i, L-l, L-2, CL, Public and O zone districts, the Residential Bonus Over- lay District shall only be applied to sites which meet the minimum lot size of the district, whether developed or vacant. Section 24-10.4. Permitted Uses. (a) The following uses are permitted in the Residential Bonus Overlay District when the district is superimposed over a site within the R-6, R-15, R-15A, R-30 and R-40 zone districts: (1) Single-family dwelling (2) Duplex (3) Multi-family, and (4) Townhouses provided that one-half or more of the dwelling units constructed on the site are deed restricted within the terms of Section 24-11.4(b)(3). (b) The following uses are permitted in the Residential Bonus Overlay District when the district is superimposed over a site within the RMF, CC, SCI, NC, C-l, L-l, L-2, CL, Public or O zone districts: 3 RECORD OF PROCEEDINGS 100 Leaves (1) Single-family dwelling (2) Duplex (3) Multi-faiaily, (4) Townhouses, and (5) Dormitory provided that one-half or more of the dwelling units constructed on the site are deed restricted within the terms of Section 24-11.4(b)(3). Section 24-10.5. Area and Bulk Requirements. (a) Minimum lot area. Sites or areas included within a Residential Bonus Overlay District 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 district which was in existence for the site prior to the time of the Overlay designation. b) Required Minimum Lot Area per Dwelling Unit. Sites or areas included within a Residential Bonus Over- lay District shall have the following required minimum lot area per dwelling unit: (1) 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-±1.4(b)(3) then the minim~n lot area per dwelling unit shall be 3,375 square feet. (2) For sites or areas located in the R-15 or R-15A 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 ters~ of Section 24-11.4 (b)(3) then the minimum lot area per dwelling unit shall be 7,500 sq. ft. (3) 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 24-11.4(b) (3) then the minimum lot area per dwelling unit shall be 10,000 sq. ft. (4) For sites or areas located in the R-40 zone the minimum lot area per dwelling unit shall De 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 24-11.4 RECORD OF PROCEEDINGS 100 Leaves (5) (6) (7) (b)(3) then the minimum lot area per dwelling unit shall be 15,000 sq. ft. For sites or NC, C-i, L-i, per dwelling areas located in the ~F~ CC, S/C/I, L-2 or CL zones the minimum lot area unit shall be 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 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 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 saio site or area are deed restricted within the terms of Section 24-11.4(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 bedroom, 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 bedroo~ the minimum lot area per dwelling unit shall be estab- lished by special review. For sites or areas located in the Public zone the minimum lot area per dwelling unit shall be estab- lished by the adoption of a precise plan for a specially planned area. For sites or areas located in the O 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 bedrooms the minimum lot area per dwelling unit shall be established by special review. 5 RECORD OF PROCEEDINGS 100 Leaves If one-half or more of the dwelling units con- structed on said site or area are deed restricted witin the terms of Section 24-11.4(b)(3) then the minimum lot area per dwelling unit shall be as follows~ 3,000 sq. £t. 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 the minimum lot area per dwelling unit shall be established by special review. (c) Minimum lot width. Sites or areas included within a Residential Bonus Overlay District 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 district which was in existence for the site prior to the time of Overlay Designation. Minimum front yard, minimum side yard, and minimum rear yard. Sites or areas included within a Residential Bonus Overlay District shall have the same minimum front yard, minimum 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 existin9 structures when the existing structure encroaches upon the requirements created by Section 24-3.4 and the addition to the structure will not create a new encroachment. (e) Maximum heisht. Sites or areas included within a Residential Bonus Overlay District 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 t~e zone district which was in existence for the site prior to the time of Overlay Designation. RECORD OF PROCEEDINGS 100 Leaves (f Minimum distance between principal and accessory build- ings; Per cent of open space required for buidin9 site. For sites or areas included within a Residential Bonus District the required minimum distance between principal and accessory buildings and the required open space may be reduced by special reivew. (g) External floor area ratio. Sites or areas included within a Residential Bonus Overlay District shall have the following required external floor area ratio: (1) For sites or areas located in the ~F, 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 24-11.4(b)(3) then the maximum external floor area ratio shall be 1.25:1. (It is the intent of this provision to establish a floor area ratio of 1.1 increasable to 1.25:1 for residential construction in the RMF zone district where, prior to Overlay Designation, no floor area ratio existed in the underlying district.) (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-1 zone the maximum external floor area shall be 1.5:1. (5) 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. (6) For all other sites or areas there shall be no requirement. Section 24-10.6. Limitations. The Residential Bonus Overlay District shall not be applied nor shall any land be designated within the Housing Overlay District which is located within the MHP, RR, A, C or P zone districts. 7 RECORD OF PROCEEDINGS 100 Leaves 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. Section 24-10.8. Procedure for Designation of Residential Bonus 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 co~aents and recommendations on the application. (c) A Residential Bonus Overlay District shall be designated in accordance with the provisions for rezoning as out- lined 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 Section 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. (e) Nothing herein shall exempt any applicant from the application of Section 24-8.18 of the Municipal Code of the City of Aspen. Section 24-10.9. Review Criteria (a) Sites or areas may be included within a Residential Bonus Overlay District provided the City Council shall find that the proposed development is appropriate for the neighborhood considering architectural design, bulk 8 RECORD OF PROCEEDINGS 100 Leaves and density. For the purpose of this subsection, neigh- borhood 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 Residential Bonus 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, specifi- cally 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 condomin- iumization of rental units. (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) Compatibiiity with surrounding land uses and zon- ing, including area and bulk requirements of the underlying zone district. (7) Proximity to transportation and the degree to which the proposal discourages automobile use while pro- viding unique measures ~or the on or off site stor- age of automobiles which can be expected to be brought to town by the project's residents. (8) Adequacy and availaDiiity of utilities, 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 co~unity neighborhood exists. 9 RECORD OF PROCEEDINGS 100 Leaves Section 7 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason unconstitutional by any court of competent portion shall be deemed a separate, distinct provision and such holding shall not affect remaining portions thereof. held invalid or jurisdiction, such and independent the validity of the Section 8 A public hearing on the ordinance shall be held on the /~ day of ~/ , 1980, at 5:00 P.M. in the City Council Chambers, Aspe~ 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 of Aspen, Colorado, at its regular the City Council of meeting held on the /~ day of ! Herman ~e- Mayor ATTEST: ~ttQrYc~eSr~~°c FINALLY adopted, passed , 1980. and approved on the //-~ day , 1980. of ATTEST: Kathryn S .~/Koc h City Cler~ 10 RECORD OF PROCEEDINGS · 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on__~ .+~1'~. reading at a regular meeting of the City uncil of the Sity of Aspen on ~~ /¢ , 1~, and published in the Aspen Times a ~eekly newspaper of general circul- ation,' published in the City of Aspen, Colorado, in its /.~ / ~ , 19~__~, and was finally adopts issue of. and approved at a regular meeting of the City Council on ~.~7~c~~ /~_~ , t9~__, and ordered published as Ordinance No. /K___, Series of 1 of said City, as provided by law. IN WITNESS WHEREOF, the seal of said City of Aspen, Colorado, day of ~ , 19~__. I have hereunto set my hand and this SEAL Deputy City Clerk