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HomeMy WebLinkAboutbocc.ord.011.1996 392952 05/23/96 12: 14P PG 1 OF 13 SILVIA DAMS PITF IN COUNTY CLERK & RECORDER ROCOQi DOC UCC AN ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, AMENDING ARTICLE 3 OF THE PITHIN COUNTY LAND USE REGULATIONS IN ORDER TO CREATE AN AFFORDABLE HOUSING ZONE DISTRICT FOR THE ASPEN METRO AREA AND THE EXTENDED ASPEN METRO AREA AS DEFINED BY THE ASPEN AREA COMMUNITY PLAN. ORDINANCE NO.9(c—l I Recitals 1. The Aspen Area Community Plan(hereinafter "The Plan")recommends the adoption of an Affordable Housing zone district inPitkin County, and the Plan also recommends refinement of the existing Affordable Housing zone district in the City with additional revisions to the Resident • Occupied category housing; and 2. The Aspen Area Community Plan also created a metro area development allocation pool that requires any changes to the development review process for the metro area to be reviewed by both the City and County Planning and Zoning Commissions as the Growth Management Commission; and 3. The Plan establishes a goal that 60 percent of the Aspen Area work force should live up valley of Aspen Village Mobile Home Park; 4. The Plan recommends that on certain large acreage parcels, "micro community" • development may be appropriate. 5. The Community Development staff proposed to both the joint Planning and Zoning Commissions and the Council and Board of County Commissioners the adoption of the Affordable • • 392952 05/23/96 12: 14P PG 2 OF 13 Ordinance No.96-_I I • Page 2 Housing zone district in Pitkin County and additional revisions to the City's Affordable Housing zone district; and 6. The Board of County Commissioners and the City Council did conduct several work sessions with regard to the proposed amendments and the overall coordinated goals and objectives of the Affordable Housing amendments as they relate to the Aspen Area Community Plan; and 7. The joint City and County Planning and Zoning Commissions held several work sessions and did conduct public hearings to review the proposals on August 1, 1995, and again on September 26, 1995; and 8. Upon review and consideration of the text amendment, agency and public comment thereon, and those applicable standards as contained in the Pitkin County Land Use Code, the • Planning and Zoning Commission has recommended approval of the text amendments recommended by the Community Development staff;,and 9. The Pitkin County Board of County Commissioners has reviewed and considered the text amendments under the applicable provisions of the Pitkin County Land Use Code, has reviewed and considered those recommendations by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and 10. The Board of County Commissioners find that the text amendments meet or exceeds all applicable development standards and is consistent with the goals and elements of the Aspen Area Community Plan; and • • 392952 05/23/96 12: 14P PG 3 OF 13 Ordinance No.96-It • Page 3 11. The Board of County Commissioners find that the proposed text amendment will allow and promote better site design, encourage family-oriented affordable housing, promote housing proposals that reflect surrounding neighborhood. NOW THEREFORE BE IT ORDAINED BY THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS THAT THEY DO HEREBY AMEND THE PITKI■ COUNTY LAND USE CODE TO CREATE THE FOLLOWING NEW ZONE DISTRICTS: Sec.3-40.71 Affordable Housing/Planned Unit Development(All 2/PUD). A. INTENT. The purpose of the Affordable Housing(AH/2 PUD) zone district is to provide for the use of land for the production of Category 1,2,3,and 4 affordable housing and resident occupied units and lots (as defined by the Housing Authority Guidelines of the Aspen/Pitkin County Housing Authority)within the Aspen Metro area. The zone district also permits a limited component of free market units to off-set the cost of developing • affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The Affordable Housing (AH 2/PUD)zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity to residential uses are included as special review uses. Commercial uses which are accessory to the housing development are also included as special review uses. Lands in the Affordable Housing (AH 2/PUD)zone district should be scattered throughout the Metro Area to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the Affordable Housing (AH 2/PUD) zone district can protect the area's neighborhoods from rezoning pressures that other non-community oriented zone districts may produce. Further, lands in the Affordable Housing(AH 2/PUD)zone district should be located within walking distance of activity areas or on transit routes, and on pedestrian and bicycle trails. The County AH zone district Metro area regulations only apply within the Metro area, outside of the Aspen city limits,as described in the definition section of the County Land Use Code. B. Allowed Uses. The following uses are permitted as of right in the Affordable Housing(AH 2/PUD) zone district. 1. Residential uses restricted to Category 1,2,3, and 4 affordable housing guidelines • and resident occupied units(as defined by the Housing Authority Guidelines of the Aspen/Pitkin County Housing Authority). 392952 05/23/96 12: 14P PG 4 OF 13 Ordinance No.96-1) Page 4 • 2. Accessory Buildings and Uses 3. Bus Stop and/or transit facilities 4. Day Care Centers 5. Home Occupations 6. Parks,Playground, Playing Fields 7. Solar Energy Collectors (Private Use) 8. Trails C. Special Review Uses: The following uses are subject to special review: - 1. Agriculture Stands 2. Caretaker Dwelling Units 3. Cemeteries 4. Churches 5. Club Houses or Recreational Buildings Used in connection with and accessory to a permitted outdoor recreational use 6. Community Health Facilities 7. Dormitory Housing 8. Employee Dwelling Units • 9. Farm Buildings 10. Golf Courses 11. Mobile Homes 12. Nursing, Convalescent, Rest, and Retirement Homes 13. Outdoor Recreational Uses 14. Commercial uses accessory to the housing development. 15. Prefabricated Homes not requiring building code exceptions 16. Satellite Reception Devices 17. Schools/Universities 18. Sewage Disposal Areas/Landfills/Water Plants 19. Uses,Activities and Facilities Permitted by Special Use Permit Issued by Federal Agencies 20. Water Crossing and Diversion D. Prohibited I Tses: The following uses are prohibited in the Affordable Housing(AFI) Zone District. 1. Airport 2. Alpine Ski Areas and Support 3. Amusement and Entertainment Establishments 4. Animal Production and Husbandry Services, and Other Farm and Agricultural Uses • 5. 6. Commercial Automobile Parking Lots Commercial Camping Areas 392952 05/23/96 12: 14P PG 5 OF 13 Ordinance No.96-) • Page 5 7. Commercial Firewood Splitting, Storage and Sales 8. Commercial Kennels and Veterinary Clinics 9. Commercial Riding Stables 10. Equipment Supplies and Contraction or Subcontraction 11. Essential Government and Public Utility Uses,Facilities and Services 12. Financial Institutions 13. General Services 14. Guest Ranches 15. Hospitals 16. Junk Yards 17. Logging 18. Medical/Dental Clinics 19. Mineral Exploration/Mining Concrete Batch Plants 21. Motels, Hotels, Lodges 22. Nordic Ski Areas and Support Facilities 23. Offices 24. Places for Retailing of Goods (where structures and businesses are greater than to 12,000 square feet of gross floor area) 25. Professional Offices • 26. Radio Transmitting Station 27. Research Facilities, Indoors 28. Research Facilities, Other 29. Resort Cabins 30. Restaurants and Bars 31. Timesharing/Fractional Fees 32. Uses not Listed 33. Vehicle and Aircraft Sales and Service D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and Special Review uses in the Affordable Housing(Ali) zone district. 1. Minimum lot area: 3,000 square feet 2. Minimum lot area per Principal Use is dependent upon the type of Affordable Housing: a. Detached residential dwelling: 3,000 b. Duplex: 1,500 c. For multi-family dwellings on a lot of less than 27,000 square feet or between 27,000 square feet and 43,560 square feet or less when approved by special review pursuant to Section 3-20,the following square feet . requirements apply: ' 392952 05/23/96 12: 14P PG 6 OF 13 Ordinance No.96- l 1 Page 6 IP 1) Studio: 300 2) 1 bedroom: 400 3) 2 bedroom: 800 4) 3 bedroom: 1,200 5) Units with more than 3 bedrooms: One(1) bedroom per 400 square feet of lot area. . d. For multi-family dwellings on a lot of more than 27,000 square feet (except when varied by special review)the following square feet requirements apply: 1) Studio: 1,000 2) 1 bedroom: 1,250 3) 2 bedroom: 2,100 4) 3 bedroom: 3,630 5) Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. 3. Minimum lot width(feet): • Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Maximum Height Principal and Accessory Structures: _ Minimum distance between buildings on the lot: Minimum usable Open Space per Dwelling Unit: To be determined during PUD review, based upon the criteria in Section 3-170 including but not limited to neighborhood compatibility and adjacent zone district regulations. 4. Maximum Floor Area Ratio: The allowable floor area permitted in this zone is determined by the following table and shall be applied to the proposed fathering parcel. Floor area allocations on newly proposed subdivided lots shall be determined as part of the Planned Unit Development review, but in no case shall they cumulatively exceed the provisions of this section. Sites may be developed up to 85%of the allowed floor area. Up to 100%of the floor area may be permitted by special review, pursuant to Section 3-20. • • 392952 05/23/96 12: 14P PG 7 OF 13 Ordinance No.96 • Page 7 Lot Size Allowable Square Feet 0--15,000 square feet 1.1:1 15,001 square feet--25,000 square feet 1:1 25,001 —43,560 square feet .8:1 >1 acre-- 3 acres .6:1 >3 acres--6 acres .36:1 >6 acres .3:1 E. Off-street parking requirement. Parking standards in the AH 2/PUD zone shall be consistent with the provisions of Section 3-1108, except for residential uses which shall be established by special review pursuant to Section 3-20. The maximum number of parking spaces required shall not exceed 1 space/bedroom for Free Market Units. Parking spaces shall not exceed 1 space/bedroom or 2 spaces/dwelling unit, whichever is less for the Deed Restricted Units (Category of Resident Occupied Units). Sec. 3-40.72 Affordable Housing/Planned Unit Development(AH 3/PUD). A. INTENT. The purpose of the Affordable Housing (AH 3/PUD)zone district is to provide S . for the use of land for the production of Category 1,2,3, and 4 affordable housing and resident occupied units (as defined by the Housing Authority Guidelines of the Aspen/Pitkin County Housing Authority)within the Aspen area Community Plan extended Metro Area. The zone district also permits a limited component of free market units/lots to off-set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The Affordable Housing (AH 3/PUD)zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity to residential uses are included as special review uses. Commercial uses which are accessory to the housing development are also included as special review uses. Lands in the Affordable Housing (AH)zone district should be scattered throughout the AACP Housing to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the Affordable Housing (AH 3/PUD) zone district can protect the area's neighborhoods from rezoning pressures that other non-community. oriented zone districts may produce. Further, lands in the Affordable Housing(AH 3/PUD) zone district should be located within walking distance on transit routes, and on pedestrian and bicycle trails. These AR AACP housing area regulations apply to the area west of the Metro area boundary (as described in the County Land Use Code definition section)to the Aspen Village Mobile Home Park. •I 392952 05/23/96 12: 14P PG 8 OF 13 Ordinance No.96-!1 Page 8 IP B. Allowed Uses. The following uses are permitted as of right in the Affordable Housing (AH 3/PUD) zone district. I. Residential uses restricted to Category 1,2,3, and 4 affordable housing guidelines and resident occupied units(as defined by the Housing Authority Guidelines of the Aspen/Pitkin County Housing Authority) 2. Accessory Buildings and Uses • 3. Bus Stop and/or transit facilities 4. Crop Production 5. Day Care Centers 6. Home Occupations 7. Parks,Playground, Playing Fields 8. Solar Energy Collectors (Private Use) 9. Trails. C. Special Review Uses: The following uses are subject to special review: 1. Agriculture Stands 2. Caretaker Dwelling Units • 3. Cemeteries 4. Churches 5. Club Houses or Recreational Buildings Used in connection with and accessory to a permitted outdoor recreational use 6. Community Health Facilities 7. Dormitory Housing 8. Employee Dwelling Units 9. Farm Buildings 10. Golf Courses 11. Mobile Homes 12. Nursing, Convalescent, Rest, and Retirement Homes 13. Outdoor Recreational Uses 14. Commercial uses accessory to the housing development. 15. Prefabricated Homes not requiring building code exceptions 16. Satellite Reception Devices . , 17. Schools/Universities 18. Sewage Disposal Areas/Landfills/Water Plants 19. Uses,Activities and Facilities Permitted by Special Use Permit Issued by Federal Agencies 20. Water Crossing and Diversion • 392952 05/33/96 12: 14P PG 9 OF 13 Ordinance No.96-41 • Page 9 D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH)Zone District. 1. Airport 2. Alpine Ski Areas and Support 3. Amusement and Entertainment Establishments 4. Animal Production and Husbandry Services, and Other Farm and Agricultural Uses 5. Commercial Automobile Parking Lots 6. Commercial Camping Areas 7. Commercial Firewood Splitting, Storage and Sales 8. Commercial Kennels and Veterinary Clinics 9. Commercial Riding Stables 10. Equipment Supplies and Contraction or Subcontraction 11. Essential Government and Public Utility Uses,Facilities and Services 12. Financial Institutions 13. General Services 14. Guest Ranches 15. Hospitals 16. Junk Yards • 17. Logging 18. Medical/Dental Clinics 19. Mineral Exploration/Mining Concrete Batch Plants 21. Motels,Hotels, Lodges 22. Nordic Ski Areas and Support Facilities 23. Offices 24. Places for Retailing of Goods(which structures and businesses are greater than 12,000 square feet of gross floor area per building) 25. Professional Offices 26. Radio Transmitting Station 27. Research Facilities,Indoors 28. Research Facilities, Other 29. Resort Cabins 30. Restaurants and Bars 31. Timesharing/Fractional Fees 32. Uses not Listed 33. Vehicle and Aircraft Sales and Service D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and special review uses in the Affordable Housing 3/PUD (AH 3/PUD) zone district. • 1. Minimum lot size (square feet): 6,000 • 392952 05/23/96 12: 14P PG 10 OF 13 Ordinance No.9b 11 Page 10 • 2. Minimum lot area per dwelling unit(square feet): a. Detached residential dwelling: 6,000 b. Duplex: 3,500/unit c. For multi-family dwellings: 1) Studio: 1,000 2) 1 bedroom: 1,250 3) 2 bedroom: 2,000 4) 3 bedroom: 3,000 d. Units with more than 3 bedrooms: One(1)bedroom per 400 square feet of lot area. 3. Minimum open space requirement per dwelling unit- 1,200 square feet 4. Minimum lot width(feet): Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: • Maximum Height Principal and Accessory Structures: Minimum distance between buildings on the lot: To be determined during PUD review, based upon the criteria in Section 3-170 including but not limited to neighborhood compatibility and adjacent zone district regulations. 5. Maximum Floor Area Ratio: The allowable floor area permitted in this zone is determined by the following table and shall be applied to the proposed fathering parcel. Floor area allocations on newly proposed subdivided lots shall be determined as part of the Planned Unit Development review, but in no case shall they cumulatively exceed the provisions of this section. Sites may be developed up to 85%of the allowed floor area. Up to 100%of the floor area may be permitted by special review,pursuant to Section 3-20. Lot Size Allowable Square Feet 0-15,000 square feet 1.1:1 15,001 square feet--25,000 square feet 1:1 25,001 —43,560 square feet .8:1 >1 acre -- 3 acres .6:1 • >3 acres — 6 acres .36:1 >6 acres .3:1 392952 05/23/96 12: 14P PG 11 OF 13 Ordinance No.96-17 Page 11 • E. Off-street parking requirement. Parking standards in the AH 3/PUD zone shall be consistent with the provisions of Section 3-1108,except for residential uses which shall be established by special review pursuant to Section 3-20. The maximum number of parking spaces required shall not exceed 1 space/bedroom for Free Market Units. Parking spaces shall not exceed 1 space/bedroom or 2 spaces/dwelling unit,whichever is less for the Deed Restricted Units(Category of Resident Occupied Units). Sec. 3-150.100 Dwelling Units constructed in the All Zone District shall be amended to read as follows: Shall be comprised of at least seventy(70)percent of the unit mix, of the development. Of this 70%,40% of the units/lots must be deed restricted to Category 1,2,3 or 4 pursuant to the Affordable Housing Guidelines, and Resident Occupied units may comprise up to thirty(30) percent of the unit mix. Free market development may comprise up to thirty (30) percent of the unit mix. However, only 40%of a project's bedrooms may be located within free market or Resident Occupied units. Category housing or resident occupied housing must comprise at least 60% of the bedroom mix of the project. Despite these requirements, projects may be comprised of all Category deed • restricted or Resident Occupied units. In the event that no free market development is proposed as part of the project, the limitation on Resident Occupied units and bedroom mix shall not apply. Residential uses may be comprised of single-family, duplex and multi- family dwelling units. Article 8 Definitions shall be amended to include a definition of the Aspen Metro Area as follows: Metro Are.n means an area with the following boundaries: Beginning on the east end of town(towards Independence Pass),the Metro Area begins on the east property boundary of the Preserve Subdivision next to the North Star Preserve. The Metro area Boundary crosses the Roaring Fork River and Highway 82 and connects with the eastern property boundary of the Mountain Valley Subdivision. At the highest point on the NE property boundary of the Mountain Valley Subdivision, the Metro Area boundary line follows a ridge up Smuggler Mountain to the 10,000 foot elevation line heading northerly until it intersects with the Smuggler Mountain Road. The Metro Area boundary then heads westerly along Smuggler Mountain Road until it hits the upper turnaround(8900 foot elevation line). At that point the Metro Area boundary line follows a road northwesterly (the road to Wilk Willcinson's house vs. the main Smuggler Mountain Road)until the road intersects with the main Smuggler Mountain Road. At the intersection of the Hunter Creek Loop Road/Smuggler Mountain Road and the deck, the Metro Area S boundary begins to follow private property boundaries, crossing Hunter Creek to the top of Red Mountain at the 10,400 foot elevation line. The Metro Area boundary then follows the 392952 05/23/96 12: 14P PG 12 OF 13 Ordinance No.96-0 Page 12 • Red Mountain ridge line until it intersects with private property boundaries until it intersects with McLain Flats Road at the Slaughterhouse Bridge. From the Slaughterhouse Bridge heading westerly the Metro Area boundary follows the Roaring Fork River. The boundary heads southwesterly when it intersects with the ACSD property boundary and the easterly boundary of Wally Mills' property. The Metro area boundary then heads westerly until it intersects with Brush Creek Road and Highway 82. The Metro area boundary then heads easterly along the southerly Highway 82 right-of-way line through Shale Bluffs. The Metro area boundary then intersects with private property boundaries heading easterly along the ridges and or subdivision property lines, inclusive of the West Buttermilk Subdivision,that frame the valley floor to the southwest of the airport until you reach the eastern edge of Buttermilk Mountain/Tiehack ski area. At the eastern edge of the Eagle Pines subdivision where it intersects with the 8200 foot elevation line, the Metro area boundary continues to follow southeasterly following the valley corridor until it turns (still on the 8200 foot elevation line) up along the western side of the Maroon Creek drainage. • At the point where 8300 foot elevation line intersects with the Maroon Creek Ranch subdivision,the Metro Area boundary turns easterly, crosses Maroon Creek and connects with the southeasterly property line of the (private portion) of the Highlands Ski area. The boundary follows southeasterly until it intersects with the 8400 foot elevation line, then heads northeasterly until it intersects with the southern boundary of the City of Aspen Water plant property following that property line until the outflow water line crosses under Castle Creek Road to Castle Creek. On the eastern edge of Castle Creek the Metro area line follows private property lines until it intersects with the 8100 foot elevation line. The Metro area boundary then follows the 8400 foot elevation line around to the front of Aspen Mountain to the south of the Aspen city limits, then easterly to the intersection of the North Star Preserve property line. At that point the Metro area boundary heads north along the easterly edge of the Preserve Subdivision and completes the boundary of the Aspen Metro area Growth Management Boundaries. ---INTRODUCED,FIRST READ,AND SET FOR PUBLIC ARINGauhe-December 12, 1" - r 1. meeting o e : . ..-of County-Commissioners NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE • 2nd day of December, 1995. 392952 05/23/96 12: 14P PG 13 OF 13 (SP/4441 6 4 -a ,. "- -- n 41, 96 IL Page IFL ATTEST: r242/W edry,c0-( k „79oc , • Jeangte Jones, ( IES R. True, Chairman Deputy Clerk and Recorder / DIte APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, _. Coun • emey Community Development Director INTRODUC,Fj2,FAST READ,A SEUBLIC HEARING AT THE REGULAR MEETING ON THE a DAY OF i , 199Y. S NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF /l Q R t, , 1991.g Hevc/ a cia Spaced ee�iits bica rt.ea,.l �, /9 ?C APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE a3A_CQ DAY OF_IIIILLter, 1996. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 04 DAY OF 1'Q.pJIAAni , 1996. •