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HomeMy WebLinkAboutordinance.council.009-70RECORD OF PROCEEDINGS 100 ORDINANCE NO. ? (Series of 1970) AN ORDINANCE AMENDING SECTIONS OF TITLE XI, THE ZONING CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO DENSITY, FLOOR AREA RATIO IN AR-1, C-1 AND C-C ZONES, AND PROVIDING REQUIRED OPEN SPACE AREA IN C-1 AND C-C ZONES. WHEREAS, the Planning and Zoning Commission for the City of Aspen has recommended the amending of density require- ments and floor area ratios in AR-i, C-1 and C-C zones, and the provision for required open space areas in C-1 and C-C zones of the City of Aspen to lessen congestion in the streets, overcrowding and to provide adequate light, air and space in the zoned areas; and, WHEREAS, it is necessary to create workable and sensi- ble geographical distribution of population within the City of Aspen; and, WHEREAS, public hearings, as required by law, have been held by the Planning and Zoning Commission for the City of Aspen and the City Council of the City of Aspen. BE IT ORDAINED by the City Council of the City of Aspen, Colorado: Section 1: Purpose: The purpose of this Ordinance is to promote the health, safety, morals, convenience, order, pros- perity and general welfare of the present and future inhabitants of Aspen, Colorado, by the lessening of congestion in the streets and roads; securing safety from fire and other dangers; providing adequate light, air and space; classification of land uses and the distribution of land development and utilization; protection of the tax base; securing economy in governmental expenditures; and the protection of urban and non-urban development. RECORD OF PROCEEDINGS IOO LEAVES Section 2: Authority: This Ordinance amendment is au- thorized by Article 60, Chapter 139 of the Colorado Revised Statutes, 1963, as amended, and is hereby declared to be in accordance with all provisions of these statutes. Section 3: Section 11-1-2 (Definitions) of the Or- dinances of the City of Aspen is hereby amended to read as fol- lows: "(mm) Building Site: Area of lot or lots upon which structure or structures may be erected, inclu- ding open spaces and public arcades. (nn) Floor Area Ratio (F.A.R.): Ratio of total floor area of structure or structures and total area of building site. (oo) Open Space: A portion of a build- ing site, one side of which shall be open to a street, unob- structed from ground level to sky, and which shall not be used for storage, trash collection, parking or structures of any nature, except fountains, pathways, fences and lanscaping. (pp) Boarding House, Rooming House, Dormitory: A building or portion thereof other than a hotel, motel, lodge or multiple family dwelling wherein lodging and/or meals are provided for six (6) or more persons for compensation, such compensation may include money, services or other things of value." Section 4: Headings entitled Minimum Lot Area and Maximum Height of Buildings within Subsection (a) of Section 6, Chapter 1, Title XI (AR-1 ACCOMMODATIONS RECREATION) of the Ordinances of the City of Aspen are hereby amended to read as follows: "Minimum Lot Area 1. One-family dwelling .......... 6,000 square 2. Two-family dwelling .......... 3,000 square 3. Patio house, row house ....... feet feet per dwelling unit with a minimum lot area of 6,000 square feet. 1,500 square feet. -2- RECORD OF PROCEEDINGS 100 LIEAVt~= 4. Multiple family dwelling, hotel, motel, lodge .......... 5. Boarding house, rooming house, dormitory ............. 6. Ail other uses ............... Maximum Height of Buildings. 1. Principal building except patio house .................. 2. Patio house and buildings accessory thereto ............ 1,500 square feet per unlimited unit and 750 square feet per limited unit with a minimum lot area of 6,000 square feet. 500 square feet per limited or unlimited dwelling unit or per four persons of total capacity, whichever is more restrictive, with a minimum lot area of 6,000 square feet. 3,000 square feet. 28 feet. 12 feet 3. Accessory building ........... 21 feet on the front two-thirds of the lot and 12 feet on the rear one-third of the lot. Further provided that the total floor area of the structure above ground shall not exceed one (1) times the total lot area of the building site on which the structure is located." Section 5: Headings entitled Maximum Height of Buildings, Minimum Lot Area and Open Space Requirement within Subsection (a) of Section 7, Chapter 1, Title XI (C-1 Commercial) of the Ordinances of the City of Aspen are hereby amended to read as follows: "Maximum Height of Building ...... 37-1/2 feet. Further provided that the total floor area of the structure above ground shall not exceed two (2) times the total lot area of the building site on which the structure is located. Further provided that for each square foot of public arcade space created at ground -3- RECORD OF PROCEEDINGS 100 LE~AVE$ level or open space in addition to the required open space on the building site, credit shall be given for an additional two square feet of floor area in the structure over the allowable 2:1 ~atio. The 37-1/2 foot maximum height limitation shall still be observed in this latter instance; and further provided that no building or structure shall be constructed higher than 25 feet above grade within 10 feet of the front or rear lot line. Minimum Lot Area - As provided under the AR-1 ACCOMMODATIONS RECREATION District Regulation. For purposes of density calculations, for each square foot of public arcade space created at ground level or open space in addition to the required open space, on the building site, credit shall be given for an additional two square feet of lot area in determining the allow- able number of dwelling units. Open Space ReQuirement - All structures shall be required to have not less than twenty-five percent (25%) of the building site for open space area, pro- vided, however, that the minimum dimension of the side of the open space which is open to a street shall be one-half (1/2) of the dimension of that side of the building site, or one hundred (100) feet, which- ever is less. All open space area shall be land- scaped and maintained." Section 6: Headings entitled Minimum Lot Area, Maximum Height of Buildings and Open Space Requirement within Subsection (b) of Section 7, Chapter 1, Title XI (C-C COMMERCIAL CORE) of the Ordinances of the City of Aspen are hereby amended to read as follows: "Minimum Lot Area 1. Hotel, motel, lodge .......... 750 square feet per limited dwelling unit and 1500 square feet per unlimited dwelling unit with a minimum lot area of 6,000 square feet. -4- RECORD OF PROCEEDINGS Be Boarding house, rooming house, dormitory ............. Dwelling units accessory to a more intensive use ......... 500 square feet per limited or unlimited dwelling unit or per each four persons of total capacity, whichever is more restrictive, with a minimum lot area of 6,000 square feet. 750 square feet per limited dwelling unit and 1,500 square feet per unlimited dwelling unit with a minimum lot area of 6,000 square feet where there are five or more dwelling units on one lot. 4. Ail other uses ............... 3,000 square feet. For purposes of density calculations, for each square foot of public arcade space created at ground level, or open space in addition to the required open space, on the building site, credit shall be given for an additional two square feet of lot area in determining the allowable number of dwelling units. Maximum Height of Building. Forty (40) feet, not ~ exceed four stories above ground. The total floor area of the structure above ground shall not exceed two (2) times the total lot area of the lot on which the structure is located; further provided that for each square foot of public arcade space created at ground level, or open space in addition to the required open space, on the building site, credit shall be given for an addi- tional two square feet of floor area in the structure over the allowable 2:1 ratio. The 40 foot maximum height limitation shall still be observed in this latter instance; and further provided that no building or structure shall be constructed higher than 30 feet above grade within 10 feet of any dedicated street or alley adjacent to the lot. On a lot bordered on two sides by -5- RECORD OF PROCEEDINGS IOOL£AV£S intersecting streets or alleys, the owner need observe the 30 foot height limitation along only one street and/or one alley and shall have a choice of which to observe. Where an entire half block is occupied, the owner need only observe the 30 foot height limitation along the street frontage having the greatest horizontal dimension, as well as the limitation along the alley. Where an entire block is occupied, the owner need only observe the 30 foot height limitation along the two street frontages having the greatest horizontal dimensions. For purposes of this section, a story shall be considered above grade if over 50% of its clear interior height is above the es- tablished street grade as defined in 11-1-9(1) Height Pro- visions. Open Space Requirement - Ail structures shall be re- quired to have not less than twenty-five percent (25%) of the building site for open space area, provided, however, that the minimum dimension of the side of the open space which is open to a street shall be one-half (1/2) of the dimension of that side of the building site, or one hundred (100) feet, whichever is less. Ail open space area shall be landscaped and maintained." INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado at its regular meeting held a t of March, 1970. ATTEST: CITY CLERK the City of Aspen on the · - MAyoi~ '~ ~.~ day of FINALLY passed, , 19 o. ATTEST: CITY CLERK adopted and approved this ~3 day STATE OF COLORADO) ) ss COUNTY OF PITKIN ) ~jI, Lorraine Graves, CERTIFICATE City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 23 ,197 O, and nublish- ed in the Aspen Times, a weekly newsDaner of ~eneral ci--cul- ation, Dublished in the City of As~en, Colorado, in its issue of March 26 , 127 Q, and was finally adopted and aDoroved at a regular meeting of the City ,197 O,and ordered oublished Series of 197 0, of said City, as I have hereunto set my hand and of said City of Ashen, Colorado, this 14th April,j , 1~)7__0. Council on April 13 as Ordinance No. 9 , provided by law. IN WITNESS'I-~EREOF, the seal day of SEAL Lorraine Graves, City Clerk