DENSITY, INTENSITY, OPEN SPACE, LANDSCAPE SURFACE, AND SCALE
The purpose of this article is to set out density, intensity, open space, landscape surface, and scale requirements to ensure that new development in each zone is compatible with the existing or planned character and scale of the zone.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Division 2, residential development yield, establishes a residential density limitation and a minimum open space ratio for each zone. The maximum density is used to calculate the maximum number of dwelling units that are allowed on a subject property. The minimum open space ratio is used to determine how much of the subject property may be developed with buildings and paved areas. The buildable area of the subject property may be laid out with a variety of lot types, based on the housing types that are allowed in the zone (see section 21-2-202, residential and special residential land use), and the lot and building standards for those housing types (see article 4, division 2, housing palette).
(b)
Division 3, nonresidential and mixed-use development yield, sets out standards for the minimum amount of landscape area that is required in nonresidential or mixed-use development, and standards for the scale of nonresidential buildings that are located within residential zones.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally.
(1)
The number of dwelling units that may be constructed on a subject property is based on the area of the subject property and the zone in which it is located.
(2)
After the maximum number of dwelling units is calculated according to the standards of this section, the specifications for individual lots or building types shall comply with the requirements of division 4-2, housing palette, for the type(s) of housing that will be developed.
(b)
Density and open space by zone. The maximum residential density and minimum open space ratio ("OSR") for each zone are set out in Table 21-3-201(b), Maximum Density and Minimum Open Space Ratio. For purposes of density calculations, duplexes or twinhouses shall be counted as one (1) unit. Accessory dwelling units are excluded from density calculations.
(c)
Affordable housing density bonus. The number of dwelling units that may be constructed on a subject property may be increased by five (5) units per acre or twenty-five (25) percent of the zone density, whichever is less, in any residential or mixed-use zone provided that the development is subject to a covenant running with the property, and enforceable by the city, that limits the sale price or rent charged for twenty-five (25) percent of the dwelling units or three (3) of the units, whichever is greater, to an amount affordable to a household earning eighty (80) percent of Area Median Income (AMI) for Alamosa County as defined annually by the United States Department of Housing and Urban Development (HUD). As used in this section, housing is affordable to a household if the monthly rent or mortgage payment is equal to or less than thirty (30) percent of gross household income (before taxes). The covenant containing the limitations set forth above in a manner and form approved by the city attorney must be recorded in the real property records of the Alamosa Clerk and Recorder prior to the issuance of a Certificate of Occupancy for the property.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 26-2021, § 2, 12-15-21; Ord. No. 15-2022, § 12, 7-20-22)
(a)
Generally. The minimum open space ratio and maximum density may be met (in whole or in part) by preserving an equivalent amount of open space on private property and fulfilling other requirements of this UDC as provided in this section.
(b)
Standards for alternative compliance. Private property may be counted towards open space requirements and maximum density may be waived if all of the following conditions exist:
(1)
The proposed development has fewer than ten (10) dwelling units; and
(2)
All other UDC requirements, such as parking, are met; and
(3)
The plat or site plan includes building envelopes and, as appropriate, designated landscape areas, that will ensure that:
a.
Applicable yard requirements of the housing palette (see division 4-2, housing palette) will be applied; and
b.
Buildings and structures (except fences) are not allowed in areas that are used to meet the open space requirement; and
(4)
The drainage plan shows how drainage will be conveyed to appropriate stormwater facilities; and
(5)
Bufferyards, if required, are identified on the plat or site plan as landscape easements; and
(6)
Covenants, conditions, and restrictions:
a.
Provide for the ongoing maintenance of landscape easements (where such easements exist); and
b.
Ensure that the maintenance requirement is enforceable by the city; and
c.
Require the written consent of the administrator prior to amendment of the maintenance obligation.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 13, 7-20-22)
(a)
Generally. The standards of this section apply to nonresidential and mixed-use development.
(b)
Required landscape surface ratio ("LSR"). Required LSRs for nonresidential uses in each zone are set out in Table 21-3-301(b), Minimum LSR by Zone. The LSR is the minimum portion of the subject property that must be allocated to natural features, permeable surfaces, or landscaping.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. In nonresidential and mixed-use zones, the intensity of development (e.g., floor area ratio), is not directly regulated. Instead, it is limited by required parking, landscape surface ratio, setbacks, building height, and buffering requirements. The intensity of specific uses may be limited by use-specific or district-specific building coverage, floor area, or height standards, or by conditions of approval of a conditional use.
(b)
Nonresidential scale in residential zones.
(1)
In residential zones (EN, RE, RL, RM, and RH), the gross floor area of nonresidential buildings (except schools and places of public assembly) shall be limited based on the type of street from which primary access is taken, as provided in Table 21-3-302(b), Nonresidential Building Scale in Residential Zones.
(2)
The maximum nonresidential floor area for a subject property that is bounded by streets of different classifications may be based on a higher-order bounding street from which the property does not take access, provided that:
a.
The street that provides access intersects with the larger bounding street; and
b.
No residential front yards are located across the street in the area between the access to the nonresidential parcel and the larger bounding street.
(Ord. No. 33-2017, § 1, 12-6-17)
DENSITY, INTENSITY, OPEN SPACE, LANDSCAPE SURFACE, AND SCALE
The purpose of this article is to set out density, intensity, open space, landscape surface, and scale requirements to ensure that new development in each zone is compatible with the existing or planned character and scale of the zone.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Division 2, residential development yield, establishes a residential density limitation and a minimum open space ratio for each zone. The maximum density is used to calculate the maximum number of dwelling units that are allowed on a subject property. The minimum open space ratio is used to determine how much of the subject property may be developed with buildings and paved areas. The buildable area of the subject property may be laid out with a variety of lot types, based on the housing types that are allowed in the zone (see section 21-2-202, residential and special residential land use), and the lot and building standards for those housing types (see article 4, division 2, housing palette).
(b)
Division 3, nonresidential and mixed-use development yield, sets out standards for the minimum amount of landscape area that is required in nonresidential or mixed-use development, and standards for the scale of nonresidential buildings that are located within residential zones.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally.
(1)
The number of dwelling units that may be constructed on a subject property is based on the area of the subject property and the zone in which it is located.
(2)
After the maximum number of dwelling units is calculated according to the standards of this section, the specifications for individual lots or building types shall comply with the requirements of division 4-2, housing palette, for the type(s) of housing that will be developed.
(b)
Density and open space by zone. The maximum residential density and minimum open space ratio ("OSR") for each zone are set out in Table 21-3-201(b), Maximum Density and Minimum Open Space Ratio. For purposes of density calculations, duplexes or twinhouses shall be counted as one (1) unit. Accessory dwelling units are excluded from density calculations.
(c)
Affordable housing density bonus. The number of dwelling units that may be constructed on a subject property may be increased by five (5) units per acre or twenty-five (25) percent of the zone density, whichever is less, in any residential or mixed-use zone provided that the development is subject to a covenant running with the property, and enforceable by the city, that limits the sale price or rent charged for twenty-five (25) percent of the dwelling units or three (3) of the units, whichever is greater, to an amount affordable to a household earning eighty (80) percent of Area Median Income (AMI) for Alamosa County as defined annually by the United States Department of Housing and Urban Development (HUD). As used in this section, housing is affordable to a household if the monthly rent or mortgage payment is equal to or less than thirty (30) percent of gross household income (before taxes). The covenant containing the limitations set forth above in a manner and form approved by the city attorney must be recorded in the real property records of the Alamosa Clerk and Recorder prior to the issuance of a Certificate of Occupancy for the property.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 26-2021, § 2, 12-15-21; Ord. No. 15-2022, § 12, 7-20-22)
(a)
Generally. The minimum open space ratio and maximum density may be met (in whole or in part) by preserving an equivalent amount of open space on private property and fulfilling other requirements of this UDC as provided in this section.
(b)
Standards for alternative compliance. Private property may be counted towards open space requirements and maximum density may be waived if all of the following conditions exist:
(1)
The proposed development has fewer than ten (10) dwelling units; and
(2)
All other UDC requirements, such as parking, are met; and
(3)
The plat or site plan includes building envelopes and, as appropriate, designated landscape areas, that will ensure that:
a.
Applicable yard requirements of the housing palette (see division 4-2, housing palette) will be applied; and
b.
Buildings and structures (except fences) are not allowed in areas that are used to meet the open space requirement; and
(4)
The drainage plan shows how drainage will be conveyed to appropriate stormwater facilities; and
(5)
Bufferyards, if required, are identified on the plat or site plan as landscape easements; and
(6)
Covenants, conditions, and restrictions:
a.
Provide for the ongoing maintenance of landscape easements (where such easements exist); and
b.
Ensure that the maintenance requirement is enforceable by the city; and
c.
Require the written consent of the administrator prior to amendment of the maintenance obligation.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 13, 7-20-22)
(a)
Generally. The standards of this section apply to nonresidential and mixed-use development.
(b)
Required landscape surface ratio ("LSR"). Required LSRs for nonresidential uses in each zone are set out in Table 21-3-301(b), Minimum LSR by Zone. The LSR is the minimum portion of the subject property that must be allocated to natural features, permeable surfaces, or landscaping.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. In nonresidential and mixed-use zones, the intensity of development (e.g., floor area ratio), is not directly regulated. Instead, it is limited by required parking, landscape surface ratio, setbacks, building height, and buffering requirements. The intensity of specific uses may be limited by use-specific or district-specific building coverage, floor area, or height standards, or by conditions of approval of a conditional use.
(b)
Nonresidential scale in residential zones.
(1)
In residential zones (EN, RE, RL, RM, and RH), the gross floor area of nonresidential buildings (except schools and places of public assembly) shall be limited based on the type of street from which primary access is taken, as provided in Table 21-3-302(b), Nonresidential Building Scale in Residential Zones.
(2)
The maximum nonresidential floor area for a subject property that is bounded by streets of different classifications may be based on a higher-order bounding street from which the property does not take access, provided that:
a.
The street that provides access intersects with the larger bounding street; and
b.
No residential front yards are located across the street in the area between the access to the nonresidential parcel and the larger bounding street.
(Ord. No. 33-2017, § 1, 12-6-17)