HomeMy WebLinkAboutagenda.apz.20080722AGENDA
ASPEN PLANNING AND ZONING COMMISSION
SPECIAL MEETING
TUESDAY, July 22, 2008
4:30 p.m. -Public Hearing
SISTER CITIES, CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS:
A. Miscellaneous Code Amendments, Resolution No. 25,
26, 27
VI. OTHER BUSINESS
A. ZG Master Plan Update
VII. BOARD REPORTS
VIII. ADJOURN
._ . v
MEMORANDUM
TO: Chairman Erspamer and City of Aspen Planning & ZZ~on~i~ng Commission
FROM: Chris Bendon, Community Development Director 1 ' l A ~/1/~
RE: Land Use Code Amendments -Public Hearing ~VV ~Y ~
DATE: July 22, 2008
SUMMARY:
Staff is proposing a series of code amendments for the Commission's
consideration. Staff will "walk-through" these amendments, their history, and
reason for being suggested for amendment. There are three proposed resolutions
for the Commission's consideration, as described below. None of these
amendments are on a critical timeline, although there are some landowners
anxious to see the Multi-Family Housing item moved along.
CALL-UP PROCEDURES:
City Council has requested "more teeth" in their ability to review HPC and P&Z
decisions regarding design review. The existing code allows for a City Council
call-up of these types of decisions but limits Council's review to a "procedural
review" of the Commission's decision -did the Commission honor due process?
Instead, City Council would like to review the merit of the Commission's
decision -did the Commission make the right decision?
This is a substantive amendment to the code. Staff is supportive of this
amendment, believing it complies with the criteria for code amendment.
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM:
This proposal is staff initiated. There a few exemptions from this long-standing
program that, in staff s opinion, were inadvertently dropped from the code. Other
exemptions are a reflection of staffs history of administration of the program
over the years. Staff will "walk-through" these provisions and the suggested
amendments. There are a few pending examples where these exemptions could
be applied. With respect to the definitions, staff views these as "clean-ups" of
existing language as it has been interpreted and applied in the past. Staff is
supportive of this amendment, believing it complies with the criteria for code
amendment.
CALCULATIONS AND MEASUREMENTS:
This proposal is staff initiated. There are a series of non-substantive "clean-up"
that staff is proposing along with a few substantive changes. Staff will also
highlight some areas for Commission discussion and direction to staff. Staff is
not expecting this item to be finally decided by the Commission on Tuesday
night. Rather, staff would like to review and discuss these items and return to the
Commission at a later date for more detailed consideration. Staff is
recommending discussion and continuation of this item.
RESOLUTION No. ~J
(Series of 2008)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.415.120 -APPEALS, NOTICE TO
CITY COUNCIL AND CALL UP; 26.412.040.B -APPEALS, NOTICE TO CITY
COUNCIL AND CALL UP; 26.415.070.D.3 -CONCEPTUAL DEVELOPMENT
PLAN REVIEW; 26.415.070.D.4 -FINAL DEVELOPMENT PLAN REVIEW.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of
Aspen .Land Use Code, the Director of the Community Development Department
initiated amendments to the Land Use Code related to the provisions for City Council
"call-up" review of Conceptual Review approvals granted by the Historic preservation
Commission and the Planning and Zoning Commission; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public heazing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Sections26.415.120 -
Appeals, notice to City Council and call up; 26.412.040.B -Appeals, notice to City
Council and call up; 26.415.070.D.3 - Conceptual Development Plan Review;
26.415.070.D.4 -Final Development Plan Review, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan which, in part, calls to "retain and encourage an eclectic mix of design
styles and to maintain and enhance the special character of our community"; and,
WHEREAS, during a duly noticed public heazing on July 22, 2008, the Planning
and Zoning Commission recommended that City Council approve amendments to the text
of Sections 26.415.120 -Appeals, notice to City Council and call up; 26.412.040.B -
Appeals, notice to City Council and call up; 26.415.070.D.3 -Conceptual Development
Plan Review; 26.415.070.D.4 -Final Development Plan Review, as described herein, by
a vote; and,
WHEREAS, the Aspen Planning and Zoning Commission fmds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
WHEREAS, the amendments to the Land Use Code aze delineated as follows:
Text unaffected is black and in standard print and looks like this.
~ ..,:«,..,«.:,.°.,._°....,, °_a ,°°,... ,a.° «,.:.. Text beine added to the code is green with
underline and looks like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1: Section 26.415.120 -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Historic Preservation
Commission decisions, shall be amended as follows:
26.415.120. Appeals, Notice to City Council, and Call-Up.
A. Appeal Any action by the HPC in approving, approving with conditions or
disapproving a development order and an associated certificate of appropriateness for
major development, demolition approval or relocation approval may be appealed to the
City Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to City CounciG Following the adoption of a resolution approving,
approving with conditions or disapproving a Conceptual Ddevelopment Plan application
for a certificate of appropriateness for major development, demolition approval or
relocation approval of a designated property, the HPC shall promptly notify the City
Council of its action to allow the City Council an opportunity to avail itself of the call-up
procedure set forth in Subsection 26.415.120.0 and D. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving
document.
C. Call up. The City Council may order call up of any action taken by the HPC as
described in Section 26.415.070 within thirty (30) days of the decision, action or
determination. Consequently ~lications for Final Development Plan Review shall not
be accepted by the Citv and no associated permits sarrshall be issued during the thirty
(30) day call-up period. If Citv Council exercises this call-un provision, no applications
for Final Development Plan Review shall be accepted by the City and no associated
permits shall be issued until the City Council takes action as described in subsection
26.415.120.D. If the City Council does not call up the action within the call-up period
the resolution of HPC shall be the final decision on the matter.
D. City Council action on appeal or call-up. The City Council shall, at a public
meetine, consider the application °°''~° ~°°°-a °°«°'-'~°'-°-"-°r _° «,.° unr,ae novo. The
City Council may, at its discretion, consider evidence included in the record established
by the Historic Preservation Commission or supplement the record with additional
evidence or testimony as necessary°'~°" °~- «"° a°°~°~°° °F*'-° unr~ ,,..,°..,..,.°_° :.. ,.
°'~~~°°a ~'° a:°°-°'~°°. The City Council shall take such action as its deemsed necessary~e
' ,including, but not limited to:
1. Accepting the decision.
2_Reversing or amending the decision.
~3. Altering the conditions of approval.
34. Remanding the application to the HPC for reheazing. (Ord. No. 1-2002, § 7
[part]; Ord. No. 52-2003, § 10)
5. Continuine the meetin tg o request additional evidence, analysis, or testimony as
necessazv to conclude the call-up review.
Section 2: Section 26.412.040.B. -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Commercial Design Review
decisions, shall be amended as follows:
26.412.040.B. Appeals, Notice to City Council, and Call-Up.
1. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission or the Historic Preservation
Commission, as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
2. Notice to City Council. Following the adoption of a resolution approving or
approving with conditions a development application for Csonceptual Ddesign, the City
Council shall be promptly notified of the action to allow the City Council an opportunity
to avail itself of the call-up procedure set forth below. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving
document. Also see appeal procedures, Section 26.412.090 below.
3. Call-up. Following the adoption of a resolution approving or approving with
conditions a development application for commercial design review, the City Council
may order call-up of the action within thirty (30) days of the decision, action or
determination. Consequently, applications for Final Design shall not be accepted b
City and no associated permits sari-shall be issued during the thirty-day call-up period. If
City Council exercises this call-up provision, no applications for Final Design shall be
accepted by the City and no associated permits shall be issued until the Citv Council
takes action as described in subsection 26.412.040.B.4. If the City Council does not call
up the action within the call-up period, the resolution shall be the final decision on the
matter.
4. City Council action on call-up. The City Council shall, at a public meeting,
consider the application de novo. - "'° °_a °°~°"'~°w°a '~°F ~° •L,° Dl.,«.,:.,.. °..A
' The City
Council may, at its discretion, consider evidence included in the record established by the
Historic Preservation Commission or Planning and Zoning Commission, as applicable, or
sunylement the record with additional evidence or testimony as necessar~~'~°'
° _ .r.° ~ ........:....:°.. ° °°a°a :,..: ~..a:°,:°.. ° °,.....°,, :«., a:..°~.«:,... The City
Council shall take such action as its deemsed necessary '° ~°~°a° °°~a °~~~°*~°-,
including but not limited to:
a. Accepting the decision.
bReversing or amending the decision.
bc. Altering the conditions of approval.
ed. Remanding the application to the apolicable Commission for rehearing. (Ord. No.
13, 2007, §1)
e. Continuing the meeting to request additional evidence, analysis, or testimony as
necessary to conclude the call-up review.
Section 3: Section 26.415.070.D.3 -Conceptual Development Plan Review, which
section describes the process for Review and approval of Conceptual Development Plans
by the Historic Preservation Commission, shall be amended as follows:
26.415.070.D.3. Conceptual Development Plan Review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundazies, the location and
orientation of existing and proposed improvements and predominant site
chazacteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their
form, including their height, massing, scale, proportions and roof plan; and the
primary features of all elevations.
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context
surrounding the designated historic property or historic district including at
least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential
design standards or a written request for a variance from any standard that is
not being met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and
a public hearing before the HPC shall be scheduled. Notice of the hearing
shall be provided pursuant to Section 26.304.060.E.3 Pazagraphs a, b and c.
(2) Staff shall review the submittal material and prepaze a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessazy to make a decision to
approve or deny.
(4) A resolution of the HPC action shall be forwarded to the City Council in
accordance with Section 26.415.120 -Appeals, notice to City Council, and
call-up No applications for Final Development Plan shall be accepted b} the
City and no associated Hermits shall be issued until the City Council takes
action as described in said subsection.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval
of a major development project or permission to proceed with the
development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in
regazds to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the conceptual plan application including its height,
scale, massing and proportions. No changes will be made to this aspect of the
proposed development by the HPC as part of their review of the final
development plan unless agreed to by the applicant. If the applicant chooses
to makes substantial amendments to the conceptual design after it has been
approved, a new conceptual development plan }iesriag-approval shall be
required, pursuant to Section 26.415.070.D.3.:
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) yeaz of the date of approval of a conceptual
development plan. Failure to file such an application within this time period
shall render null and void the approval of the conceptual development plan.
The Historic Preservation Commission may, at its sole discretion and for good
cause shown, grant a one-time extension of the expiration date for a
conceptual development plan approval for up to six (6) months provided a
written request for extension is received no less than thirty (30) days prior to
the expiration date.
Section 4: Section 26.415.070.D.4 -Final Development Plan Review, which section
describes the process for Review and approval of Final Development Plans by the
Historic Preservation Commission, shall be amended as follows:
26.415.070.D.4. Final Development Plan Review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part
of the development at 1 /4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public heazing
before the HPC shall be scheduled. Notice of the heazing shall be provided
pursuant to Pazagraphs 26.304.060.E.3.a, band c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a
certificate of appropriateness and the Community Development Director shall
issue a development order.
/A\ A ....1..4:,.« ..F •l.e yD!` ..,.d..« .,.:11 l,e F ....~rAod ~.. A.e !':~.. /'.... «..:1
,] 1. Q nox 7G A 1 Ti ~o .~~«.«:+ .:11 l.e va 4~«
F 1... • til fl,e Fl.:.w.. /2!1\ .7.... ~~...,11 ~~ '...7 1... !"~:~..
coxr~a-ROCioxr-vrcnv~ia~coc-iuzcxrcnczam~7 ~~o~ ao.~ caxx o.p«-p^°c...... .,~ ....~
!`,...«,.:1 1..... a .e.l
(34) Before an application for a building permit can be submitted, a final set of
plans reflecting any or all required changes by the HPC or City Council must
be on file with the City. Any conditions of approval or outstanding issues
which must be addressed in the field or at a later time shall be noted on the
plans.
Section 5:
A public hearing on the Resolution was held on the 22"d day of July, 2008, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
FINALLY, adopted, passed and approved this day of , 2008.
Attest:
City Clerk
Approved as to form:
City Attorney
LJ Erspamer, Chair
RESOLUTION No.~~
(Series of 2008)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN,
COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING
CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE
CITY OF ASPEN MUNICIPAL CODE MEET APPLICABLE STANDARDS OF
REVIEW: SECTION 26.470.040.5 -DEMOLITION OR REDEVELOPMENT OF
MULTI-FAMILY HOUSING SECTION 26.104.100 -DEFINITIONS.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land
Use Code, the Director of the Community Development Department initiated amendments to the
Land Use Code related to the provisions for City Council "call-up" review of Conceptual Review
approvals granted by the Historic preservation Commission and the Planning and Zoning
Commission; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public heazing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections Section 26.470.0405 -
Demolition or Redevelopment of Multi-Family Housing Section 26.104.100 -Definitions, as
described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan which, in part, calls to "retain and encourage an eclectic mix of design styles
and to maintain and enhance the special character of our community" ;and,
WHEREAS, during a duly noticed public hearing on July 22, 2008, the Planning and
Zoning Commission recommended that City Council approve amendments to the text of Sections
26.575.020 -Calculations and Measurements; 26.575.040 -Yards., as described herein, by a
vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet
or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the
amendments is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, the amendments to the Land Use Code aze delineated as follows: Text
unaffected is black and in standard print and looks like this.
. Text being added to the code is green with underline and looks
like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1: Section 26.470.040.5 -Demolition or Redevelopment of Multi-Family Housing,
which section describes the provisions for redeveloping Multi-family Residential Dwelling
Units, shall be amended as follows:
26.470.040.5 -Demolition or Redevelopment of Multi-Family Housing. The City of Aspen's
neighborhoods have traditionally been comprised of a mix of housing types, including those
affordable by its working residents. However, because of Aspen's attractiveness as a resort
environment, and because of the physical constraints of the upper Roazing Fork Valley, there is
constant pressure for the redevelopment of dwellings currently providing resident housing for
tourist and second home use. Such redevelopment results in the displacement of individuals and
families who are an integral part of the Aspen work force. Given the extremely high cost of and
demand for market-rate housing, resident housing opportunities for displaced working residents,
which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will serve
to promote a socially and economically balanced community, limit the number of individuals
who face a long and sometimes dangerous commute on State Highway 82, reduce the air
pollution effects of commuting, and prevent exclusion of working residents from the city's
neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the Aspen/Pitkin
County Housing Authority, has provided affordable housing both within and adjacent to the city
limits. The private sector has also provided affordable housing. Nevertheless, as a result of the
replacement of resident housing with second homes and tourist accommodations, and the steady
increase in the size of the workforce required to assure the continued viability of Aspen azea
businesses and Aspen's tourist based economy, the City has found it necessary, in concert with
other regulations, to adopt limitations on the combining, demolition, or conversion of existing
multi-family housing in order to minimize the displacement of working residents, to insure that
the private sector maintains its role in the provision of resident housing, and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion, or redevelopment of multi-family housing shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission based
on compliance with the following requirements: (See definition of Demolition.)
1. Reuirements for Combining Demolishing Converting or Redeveloping Free-Market
Multi-Family Housing Units: Only one of the following two options is required to be
met when combining, demolishing, converting, or redeveloping afree-market multi-family
residential property. To ensure the continued vitality of the community and a critical mass of
local working residents, no net loss of density (total number of units) between the existing
development and proposed development shall be allowed.
a. One-Hundred Percent Replacement. In the event of the demolition of free-market
multi-family housing, the applicant shall have the option to construct replacement
housing consisting of no less than one-hundred (100) percent of the number of units,
bedrooms, and Net Livable Area demolished. The replacement units shall be deed
restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower Category designation. Each replacement unit shall be
approved pursuant to Section 26.470.070.4 -Affordable Housing.
When this one-hundred (100) percent standazd is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no increase in the
number of free-market residential units on the parcel. Free-mazket units in excess of
the total number originally on the pazcel shall be reviewed pursuant to Section
26.470.070.3 -Expansion of Free-Market Residential Units within aMulti-Family or
Mixed-Use Development.
b. Fifty Percent Replacement. In the event of the demolition of free-market multi-
family housing and replacement of less than one-hundred (100) percent of the number
of previous units, bedrooms, or Net Livable Area as described above, the applicant
shall be required to construct affordable housing consisting of no less than fifty (50)
percent of the number of units, bedrooms, and the Net Livable Area demolished. The
replacement units shall be deed restricted as Category 4 housing, pursuant to the
Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose
to provide mitigation units at a lower Category designation. Each replacement unit
shall be approved pursuant to Section 26.470.070.4 -Affordable Housing.
When this fifty (50) percent standard is accomplished, the remaining development on
the site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Section 26.470.070.3 -Expansion of Free-
Market Residential Units within aMulti-Family or Mixed-Use Project, and there is no
increase in the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Section 26.470.080.2 -New Free-Market Residential Units within aMulti-Family
or Mixed-Use Project.
2 Requirements for Demolishing Affordable Multi-Family Housing Units: In the event a
project proposes to demolish or replace existing deed restricted affordable housing units, the
redevelopment may increase or decrease the number of units, bedrooms, or Net Livable Area
such that there is no decrease in the total number of employees housed by the existing units.
The overall number of replacement units, unit sizes, bedrooms, and category of the units
shall be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation
forwazded to the Planning and Zoning Commission. The Planning and Zoning Commission
may require the affordable housing deed restriction on the affected units be brou hg t into
compliance with the current Guidelines of the Aspen/Pitkin County Housing Authority and to
the satisfaction of the Citv Attorney
3. Fractional Unit Reauirement. When the affordable housing replacement requirement of
this section involves a fraction of a unit, cash-in-lieu may be provided only upon the review
and approval of the City Council, to meet the fractional requirement only, pursuant to Section
26.470.090.3. -Provision of Required Affordable Housing via aCash-in-Lieu Payment
4. Location Reauirement. Multi-family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner shall
demonstrate and the Planning and Zoning Commission determines that replacement of the
units on-site would be in conflict with the pazcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum number
of units on-site which the Planning and Zoning Commission determines that the site can
accommodate and may replace the remaining units off-site, at a location determined
acceptable to the Planning and Zoning Commission. A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standazd.
5. Timin¢ Requirement. Any replacement units required to be deed restricted as affordable
housing shall be issued a Certificate of Occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-market
units, regardless of whether the replacement units aze built on-site or off-site.
6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall adhere to the
approvals granted pursuant to this Section and penalties for non-compliance. 'the Citv of
Aspen may require a bond or other financial instrument insuring compliance with the
agreement The agreement shall be reviewed and approved by the City Attorney The
agreement shall be recorded prior to application for a demolition permit may be accepted by
the City.
7. Growth Management Allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided the units
conform to the provisions of this Section. The redevelopment credits shalt not be
transferable separate from the property unless permitted as described above in Location
Requirement.
8. Exemptions. The Communitv Development Director shall exempt from the procedures
and requirements of this Section the following types of development involving Multi-Family
Housing Units. An exemption from these replacement requirements shall not exempt a
development from conformance with any other provisions of this Title
a. The replacement of Multi-Family Housing Units after non-willful demolition such as a
flood fire or other natural catastrophe civil commotion or similar event not
purposefully caused by the land owner The Communitv Development Director may
require documentation be provided by the landowner to confirm the damage to the
building was in-fact non-willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same configuration.
The Community Development Director may approve exceptions to this exact replacement
requirement to accommodate changes necessary to meet current building codes; improve
accessibility; to conform to zoning, design standards, or other re ug latory requirements of
the City; or, to provide other azchitectural or site planning improvements that have no
substantial effect on the use or grogram of the development. (Also see Chapter 26.312 -
Nonconformities.) Substantive changes to the development shall not be exempted from
this Section and shall be reviewed as a willful change pursuant to the procedures and
requirements of this Section.
b. The demolition ofMulti-Family Housin¢ Units by order of a public agency including, but
not limited to, the City of Aspen for reasons of preserving the life, health, safety
general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family
Housing Units which have been used exclusively as tourist accommodations or by non-
working residents. The Community Development Director may require occupancy
records, leases, affidavits, or other documentation to the satisfaction of the Director to
demonstrate that the unit(s) has never housed a working resident. All other requirements
of this Title shall still apply includin zg onin~growth management, and buildin cg odes.
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family
Housing Units which were illegally created (also known as "Bandit Units"). Any
in~rovements associated with Bandit Units shall be required to conform to current
requirements of this Title including zoninggrowth management, and buildin cg odes.
Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied
affordable housing pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority.
Section 2: Section 26.104.100 -Definitions, which section defines the meaning of terms used in
the City of Aspen Land Use Code, shall be amended as follows:
Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of
an existing structure (prior to commencing development) as measured by the surface of
all exterior wall and roof area above finished grade and associated assembly and
components necessary for the structural integrity of such wall and roof azea. For the
method of determining demolition, see Section 26.575.020(E), Measurement of
demolition. Demolition shall also include the removal of a dwelling unit in a multi-
family or mixed-use building, of-its conversion to nonresidential use, or any action which
penetrates demising walls or floors between Multi-Family Housing units, independent of
whether or not such action is undertaken to combine or rebuild the units or for an oy ther
u ose.; (See Chapter 26.530, Residential multi-family
replacement program.)
°:a° °.,a a°°..
...w:°t, : ..t...°:°°n.. ° °°«°a .,.
........ ..6, ..~.......cs .vscssss~
°a6°.. A...°ll:....° .._ l...a A:....° .. °:A°°
Dwelling, detached residential. A residential structure consisting of a single dwelling
with open yards on all sides, excluding mobile homes. Also known as aSingle-Family
Home or aSingle-Family Residence.
Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2)
°"°°'-~ attached Dwelline Units in either anover-and-under or side-by-side
configuration having a common unpierced above-grade wall of at least one (1) story in
height and ten (10) feet in length, or a common unpierced wall/ceiling as applicable.
Each unit in the duplex shall contain no less than twenty-five percent (25%) of the total
floor azea of the duplex structure.
Dwelling, multi family. A residential structure containing three (3) or more attached
Ddwelling Uanits, not including hotels and lodges, but including townhomes, ivitl3-that
may include accessory use facilities limited to an office, laundry, recreation facilities and
off-street pazking used by the occupants. One (1) or more Ddwelling Utmits located
within aMixed-Use '~°°, -°'°71 ° ° °~°1 building shall also be
considered amulti-family dwelling. The term "multi-family dwelling" also includes
properties listed on the Aspen Inventory of Historic Landmazk Sites and Structures
consisting of three (3) or more Ddetached Residential d3gUanits where permitted
by the Zone District.
Dwelling unit. ^ °° °-°«°1° °-•°-°'-1° -°°--• °- °°--~'-'°°~'°- °F -°°•--° A structure or
portion thereof, intended and used as a shelter in which a person or veoyle reside and
sleep which contains a kitchen and bathroom and which are-is designed for or used as an
individual residence. Also known as a Dwelline.
Bedroom. A portion of a dwelling unit intended to be used for sleeping purposes, which
may contain closets, and may have access to a bathroom. °°a •°'•~°'• -••°°«° T...:F ---.
Section 3:
A public hearing on the Resolution was held on the 22"d day of July, 2008, at 4:30 p.m. in the
Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
FINALLY, adopted, passed and approved this day of , 2008.
Attest:
City Clerk
Approved as to form:
LJ Erspamer, Chair
City Attorney
RESOLUTION No. ~~
(Series of 2008)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.575.020 -CALCULATIONS AND
MEASUREMENTS; 26.575.040 -YARDS.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen
Land Use Code, the Director of the Community Development Department initiated
amendments to the Land Use Code related to the provisions for City Council "call-up"
review of Conceptual Review approvals granted by the Historic preservation Commission
and the Planning and Zoning Commission; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Sections***, as
described herein; and,
WHEREAS, the amendments proposed herein aze consistent with the Aspen
Area Community Plan which, in part, calls to "retain and encourage an eclectic mix of
design styles and to maintain and enhance the special character of our community" ;and,
WHEREAS, during a duly noticed public heazing on July 22, 2008, the Planning
and Zoning Commission recommended that City Council approve amendments to the text
of Sections 26.575.020 -Calculations and Measurements; 26.575.040 -Yards., as
described herein, by a vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standazds pursuant to Chapter 26.310 and that the
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission fords that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text unaffected is black and in standard print and looks like this. T°°' ~°~^^ -°^^^°°a ~°
Text being added to the code is green with
underline and looks like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1: Section 26.575.020 -Calculations and Measurements, which section
describes the process for measuring development applications for conformance with
zoning regulations, shall be amended as follows:
26.575.020. Calculations and Measurements.
The purpose of this Section is to set forth supplemental regulations which relate to
methods for calculating and measuring certain enumerated terms as used in this Title.
The definitions of the terms are set forth at Section 26.104.100.
A. Floor Area. In measuring floor areas for floor area ratio and allowable floor azea, the
following applies:
General. In measuring 4leefthe azea of a building for the purposes of calculating
floor area ratio and allowable floor area, there shall be included that #Iee~azea
within the surrounding exterior walls ~-~'°°••-°a ~°-~ ''-°~- '°'°~~- °••-~ ~°` °f a
building or portion thereof as measured to the exterior sheathing. _ Whet2
° ~°--• °°~°~°- •°"° *r•° Non-Structural veneer and all exterior
treatments shall be ~sladedexcluded from the calculation of Floor Area. Also
see 26.575.040 -Yards.)
When calculating areas with stairs, each floor-to-floor staircase is counted only
once on the lower-most floor of the stairway.: When calculatine areas with
elevators. all positions (or stonsl of the elevator shall be counted as a floor.
2. Decks, Balconies, Porches, Logeias and Stairways. The calculation of the floor
area of a building or a portion thereof shall not include decks, balconies, exterior
stairways, gazebos and similar features, unless the azea of these features is greater
than fifreen percent (15%) of the maximum allowable floor area of the building
(the excess of the fifteen percent [15%] shall be included). Porches and
landscaped terraces shall not be counted towards FAR.
3. Gaza e~arports and Storage Areas. In all zone districts except the R-15-B
Zone District, for the purpose of calculating floor area ratio and allowable floor
azea for a lot whose principal use is residential, garages, carports and storage
azeas shall be excluded up to a maximum area of two hundred fifty (250) square
feet per dwelling unit,; The area of all garages, carports and storage areas betiveea
above two hundred fifty (250) sauaze feet arm Up t0 five hundred (500) square feet
shall count fifty percent (50%) towards allowable floor area,; The area of all
garages, carports and storage azeas in excess of five hundred (500) square feet per
dwelling unit shall be included as part of the residential floor area calculation.
For example, the Floor Area attributed to a garage measurin Sg 75 square feet is
200 square feet, calculated as follows: The first 250 squaze feet of garage space is
exempt. The next 250 squaze feet of garage space counts at 50%. The remaining
75 square feet of garage space counts at 100%. 0 + 125 + 75 = 200.
_For any a•°°1ritLot or Parcel which can be accessed from an alley or
secondary private road entering at the rear or side of the divelli~tg-t~itLot, the area
of the earage shall only be excluded from floor area calculations, as noted above,
if i~the garage is
desated-er- only accessible by a vehicle from said alley or road. Otherwise, the
garage shall be counted 100% in the calculation of Floor Area with no
exemption.; °n ,. ~° ° .....°,rt °.,a ...°«°,.° ,. ° .. 6°a..,°°., ,,..° 6....a«°a Fla.. /~cm
0
_For the purposes of determining the exclusion, if any, applicable to gazages,
carports and storage areas, the area of all structures on a parcel shall be
aggregated. For garages that aze part of a basement, the garage exemption is
taken from the total below-grade area before the subgrade calculation takes place.
In the R-15B Zone District, garage, carport and storage areas shall be excluded
from the calculation of Floor Area up to a maximum area of five hundred (500)
square feet per dwelling unit. .
4. subgrade Areas. To determine the portion of subgrade azeas that are to be
included in calculating floor area, the following shall apply:
For any story that is partially above and partially below natural or
finished grade, whichever is lower, the total percentage of exterior surface wall
area that is exposed above the most restrictive of the grades shall be the total
percentage of the gross square footage of the subject story included in the floor
azea calculation. subgrade stories with no exposed exterior surface wall azea
shall be excluded from floor azea calculations.
Example: If fifteen percent (15%) of the exterior surface wall
area has been exposed above natural or finished grade (whichever is lower), then
fifteen percent (15%) of the gross squaze footage of the subject story will be
included as floor area.
6 L',.« .. .7..,.71:.... ...:a a6..a .. .. 6,. .. ....,] Fl....« ..11°., .. ,..a° «....,]
°..a°«..,. ..a a6.. « ..:.1° ..C a6.. ,7..,,.11:..° ...:a a6° .. ......«a ..1...11
E i« a6° D 1 Gr] 7..«° Tl:..a«:..a ..«L. ° «..°«t.. °..A ..a..«....° ° ..6.,11 6°
e ce
....l...1..,7 G°..- «....:.1....a:..l Fl..,.« .. ....1....1..a:,..... .... a.. .. ..C F...°
5. (Repealed by Ord. No. 56-2000, §8)
6. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or
carriage house shall be calculated and attributed to the allowable floor area for a
pazcel with the same inclusions and exclusions for calculating floor area as
defined in this Section, unless eligible for an exemption as described below,:
-7. Detached and permanently affordable ADU or Carriase House Floor Area
exemption. One hundred percent (100%) of the floor area of an ADU or carriage
house which is detached from the primary residence and deed-restricted as a "for
sale" affordable housing unit and transferred to a qualified purchaser in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended, shall be excluded from the calculation of floor area, up to a maximum
exemption of one thousand two hundred (1,200) square feet per pazcel.
8~. Affordable Housine Bonus. The floor area of a parcel containing asingle-family
or duplex residence and a permanently affordable "for sale" ADU or carriage
house located on the same pazcel which has been transferred to a qualified
purchaser in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended, shall be eligible for an affordable housing floor area
bonus equal to or less than fifty percent (50%) of the floor azea of the associated
ADU or carriage house, up to a maximum bonus of six hundred (600) square feet
per pazcel.
89. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor azea, provided that the
linking structure is no more than one (1) story tall, six (6) feet wide and ten (10)
feet long. Areas of linking structures in excess of ten (10) feet in length shall be
counted in floor area.
r110. Allocation of nonunit space in a mixed-use building In order to
determine the total floor azea of individual uses in a mixed-use building, the total
floor area for nonunit space shall be allocated on a proportionate basis of the use
categories outlined in the subject zone district's FAR schedule. The building's
gross floor area, minus all nonunit space, shall be divided amongst the individual
use categories in a building. These numbers shall then be calculated as a percent
of the gross floor area number that does not include the nonunit space. A
proportionate shaze of the nonunit floor area shall then be allocated towazds each
use category. This provision shall apply to all zone districts permitting mixed-use
buildings.
For instance, if a building was comprised of the following squaze footages:
2,000 sq. ft. commercial floor area
+ 4,000 sq. ft. free-market residential floor area
+ 2,000 sq. ft. affordable housing floor azea
+ 1.000 sa. ft. nonunit floor azea
9,000 sq. ft. total floor azea
Then the total unit floor area in the building would be eight thousand (8,000)
squaze feet floor azea. Using the allocation of nonunit space standard, the uses
account for the following percentages of the total unit floor area:
commercial floor area = 25%
free-market residential floor azea = 50%
affordable housing floor azea = 25%
Therefore, the one thousand (1,000) squaze feet of nonunit space is allocated to
the different uses as follows:
commercial floor azea = 25% x 1,000 sq. ft. = 250 sq. ft.
free-mazket residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
B. Building Heights.
1. Methods of measurement for varying types of roofs. In the Commercial Core
(CC), Commercial (C1), Commercial Lodge (CL), Neighborhood Commercial
(NC) and Service/Commercial/Industrial (S/C/I) Zone Districts, the height of the
building shall be the maximum distance measured vertically from the natural or
finished grade, whichever is lower, to the top, ridge or pazapet of the structure.
For structures in all other Zone Districts, the height shall be measured as follows:
a. Flat roofs or roofs with a slope of less than 3:12. The height of the building
shall be the maximum distance measured vertically from the natural or
finished grade, whichever is lower, to the top or ridge of a flat, mansazd or
other roof with a slope of less than 3:12.
b. Roofs with a slope from 3:12 to 7:12. For roofs with a slope from 3:12 to
7:12, height shall be measured vertically from the natural or finished grade,
whichever is lower, to the mean height between the eave point and ridge of a
gable, hip, gambrel or other similaz pitched roof. The ridge of a gable, hip,
gambrel or other pitched roof shall not extend over five (5) feet above the
maximum height limit.
c. Roofs with a slope of 8.•12 or greater. For roofs with a slope of 8:12 or
greater, height shall be measured vertically from the natural or finished grade,
whichever is lower, to a point one-third (''/n) of the distance up from the eave
point to the ridge. There shall be no limit on the height of the ridge.
Chimneys and other appurtenances may extend up to a maximum of two (2)
feet above the ridge.
d. Chimneys, antennas and other appurtenances. Antennas, chimneys, flues,
vents or similaz structures shall not extend over ten (10) feet above the
specified maximum height limit, except for roofs with a pitch of 8:12 or
greater, these elements may not extend more than two (2) feet above the ridge.
Water towers, solar panels and mechanical equipment shall not extend over
five (5) feet above the specified maximum height limit. Church spires, bell
towers and like architectural projections, as well as flag poles, may extend
over the specified maximum height limit.
2. Exceptions for buildings on slopes. The maximum height of a building's front
(street-facing) facade may extend for the first thirty (30) feet of the building's
depth.
3. Exceptions for areaway light wells and basement stairwells. An azeaway, light
well or basement stairwell of less than one hundred (100) square feet, entirely
recessed behind the vertical plane established by the portion of the building
facade which is closest to the street and enclosed on all four (4) sides to within
eighteen (18) inches vertically of the first floor level shall not be counted towards
maximum permissible height.
C. Lot Area. Except in the R-15B Zone District, when calculating floor azea ratio, lot
areas shall include only areas with a slope of less than twenty percent (20%). In addition,
half (.50) of lot azeas with a slope of twenty to thirty percent (20-30%) may be counted
towazds floor area ratio; azeas with slopes of greater than thirty percent (30%) shall be
excluded. The total reduction in FAR attributable to slope reduction for a given site shall
not exceed twenty-five percent (25%).
Also excluded from total lot azea for the purpose of floor azea calculations in all zone
districts is that azea beneath the high water line of a body of water and that area within a
vacated right-of--way or within an existing or proposed dedicated right-of--way or
vehicular surface easement that accesses another lot or parcel. Lot area shall include
areas used for shared driveways of adiacent lots that have common frontage on the same
Street or Alley. Lot area shall include any lands dedicated to the City or County for the
public trail system, any open irrigation ditch or any lands subject to an above ground or
below ground surface easement such as utilities that do not coincide with road easements.
When calculating allowable density, lot azea shall have the same exclusions and
inclusions as for calculating floor azea ratio, except fefthe exclusion of azeas of greater
than twenty percent (20%) slope shall not be applicable.
D. Site Coverage. Site coverage is typically expressed as a percentage. When
calculating site coverage of a structure or building, the exterior walls of the structure or
building at ground level should be used. Porches, roofs or balcony overhangs,
cantilevered building elements and similar features extending directly over grade shall be
excluded from maximum allowable site coverage calculations.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building
is intended to be, or has been, demolished by applying the following process of
calculation:
At the request of the Zoning Officer, the applicant shall prepaze and submit a diagram
showing the following:
1. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade and all existing roof assemblies. Not counted in
the existing exterior surface area calculations shall be all existing fenestration
(doors, windows, skylights, etc.).
2. The exterior surface azea, as described above, to be removed. Wall azea or roof
azea being removed to accommodate new or relocated fenestration shall be
counted as exterior surface azea being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with
an area tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element in addition to the necessary subsurface components for its structural integrity,
including such items as studs, joists, rafters etc. If a portion of a wall or roof
structural capacity is to be removed, the associated exterior surface area shall be
diagrammed as being removed. If a portion of a wall or roof involuntazily collapses,
regazdless of the developer's intent, that portion shall be calculated as removed.
Recalculation may be necessary during the process of development and the Zoning
Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall azea to be removed. New,
relocated or expanded fenestration shall be counted as wall azea to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Subgrade elements and interior wall elements, while potentially
necessary for a building's integrity, shall not be counted in the computation of
exterior surface area.
According to the prepared diagram and azea tabulation, the surface azea of all portions
of the exterior to be removed shall be divided by the surface azea of all portions of the
exterior of the existing structure and expressed as a percentage. The Zoning Officer
shall use this percentage to determine if the building is to be or has been demolished
according to the definition in Section 26.104.100, Demolition. If portions of the
building involuntazily collapse, regazdless of the developer's intent, that portion shall
be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly
understand the structural capacity of elements intended to remain may result in an
involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Landowner's intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition. Additional requirements or restrictions of
this Title may result upon actual demolition. (Ord. No. 44-1999, §7; Ord. No. 55-
2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6, 7; Ord. No. 46-2001,
§4; Ord. No. 55, 2003, §§2-4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32)
Section 2: Section 26.575.040. Yards, which section describes the provisions
regarding required yards (also known as setbacks) on development pazcels, shall be
amended as follows:
26.575.040. Yards.
The following supplemental regulations shall apply to all yards.
A. Measurement of Required Yards. Reauired Yards shall be measured from the
applicable Lot Line to the exterior surface of the Structure inclusive of any non-structural
veneer or exterior treatment.
14B. Projections into required yards. Yards shall be unobstructed from the ground to
the sky except for the following allowed projections:
1. Building eaves -Eighteen (18) inches;
2. Architectural projections -Eighteen (18) inches;
3. Balconies not utilized as an exterior passageway may extend the lesser of one-
third ('/3) of the way between the required setback and the property line or four (4)
Feet.
4. Fire escapes required by the International Building Code -Four (4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similaz
structures, which do not exceed thirty (30) inches above or below natural grade or
finished grade, whichever is more restrictive, shall be permitted to project into the
yard without restriction. Projections may exceed thirty (30) inches below grade if
determined to be required by the Chief Building Official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from
natural grade, are permitted in all required yard setbacks. (See Supplementary
Regulations -Section 26.575.050, Fences.).
Driveways. Driveway access shall not exceed a depth or height greater than
twenty-four (24) inches above or below grade within the required front yazd
setback. Within all other required setbacks, driveway access shall not exceed a
depth or height greater than thirty (30) inches above or below grade. Parking is
only permitted within required setbacks if it is in an approved driveway or other
azea approved for parking.
Exterior merchandizing and commercial use. Exterior merchandizing or any
commercial activity, including but not limited to the storaee display and
merchandising of eoods and services ~° °°~-°~:a°~'~°' '°~° -"°~°~~ shall be
prohibited in all required yard setbacks-; provided, however, that the prohibition
of this Para ra h shall not apply when such use is in conjunction with permitted
commercial activity on an abutting right-of-way or is otherwise permitted by the
City. For outdoor food vending in the Commercial Core District, also see
Pazagranh 26.470.040.B.3, Administrative growth management review. The
restrictions above notwithstanding, required Yards may be used for commercial
restaurant use if adequate emergency access is maintained.
9. Mechanical equipment. Mechanical equipment shall be prohibited in all front
yard setbacks. On corner lots, mechanical equipment may not be placed in the
setback of any yard facing a street.
10. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures
that meet the requirements of Chapter 12.08 of this Code (Wildlife Protection)
shall be allowed in the setbacks. Permanent placement of trash containers shall be
prohibited in all front yazd setbacks. On corner lots, permanent placement of
trash containers shall not be permitted in the setback of any yard facing a street.
R_C. Required yards adjacent to private streets or rights-of--way. Where there
is no public dedication and the lot line extends into the right-of--way, the required yard
setback shall equal the minimum distance specified under the zone district regulations
along the closest boundary of the right-of--way to the proposed structure. When a
property's lot line does not extend into the right-of--way, the required yazd setback shall
equal the minimum distance specified under zone district regulations from the lot line.
Please refer to Figure 575.1 below, Required setback from a private road or right-of--way.
~..~..
Figure 575.1 Required Setback From a Private Road or Right-of--Way
ED. Corner lots. On a lot bordered on two (2) sides by intersecting streets, the
owner shall have a choice as to which yard shall be considered as the front yazd, which
shall meet minimum setbacks for a front yard in that zone district. The remaining yard
bordering a street shall be two-thirds (z/3) of the required front yard setback distance for
the zone district. The rear yazd must coincide with the rear alignment of neighboring
lots, regardless of which yazd is considered the front yazd by the owner.
~E. Transitional yards. Where two (2) lots which shaze a common side lot
line aze in different zone districts, the lot in the more intensive zone district shall observe
the required yazd setback distance as established for the less intensive use zone district.
~_F. Nonaligned lots. For any lot in the R-6 Zone District in excess of nine
thousand (9,000) squaze feet which is not aligned along the traditional Aspen Townsite
lot lines, the buildi~g4rtsgestefZoning Officer shall measure the side yards from the two
(2) shortest sides of the lot which aze opposite from each other and the front and reaz
yazds from the two (2) longest sides of the lot which aze opposite from each other. (Ord.
No. 13-2005, §3; Ord. No. 50-a-2005, §6; Ord. No. 12, 2007, §§33, 34)
Section 3:
A public hearing on the Resolution was held on the 22"d day of July, 2008, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
FINALLY, adopted, passed and approved this day of , 2008.
Attest:
City Clerk
LJ Erspamer, Chair
Approved as to form:
City Attorney
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ben Gagnon, Special Projects Planner g~
THRU: Chris Bendon, Director, Community Development ' ~AM/1
DATE OF MEMO: July 18, 2008 `J ~ ~ ~ ~ ~
MEETING DATE: July 22, 2008
RE: Zupancis-Galena (ZG) Master Plan Update
REQUEST OF COMMISSION: Staff is not requesting any formal action from the Planning
and Zoning Commission on July 22. This meeting is not a public heazing to consider the merits
of the ZG Master Plan. Rather, staff and the P&Z will be discussing the process that will be used
to review the ZG Master Plan.
BACKGROUND: At a meeting with the P&Z on June 17, staff and the commission had
discussed the potential for a large public meeting that would essentially be sponsored and
directed by the P&Z.
Upon further reseazch and reflection, staff is now proposing a somewhat different and more
traditional approach to the master plan process. While staff has used large public meetings and
wireless keypad voting for various purposes in the last several years, there have also been serious
internal discussions about when this method should be used and when it should not.
Staff has struggled with this issue, and this staff discussion occurred again in recent weeks,
ultimately focusing on staff s belief that when the public is asked broad questions of values and
policy, wireless keypad voting is the most successful. This is lazgely because the audience does
not need to digest reams of information in order to provide helpful feedback.
With regazd to the ZG Master Plan, the work required of the P&Z means understanding 51
findings and 44 recommendations in the Civic Master Plan in order to evaluate the merits of the
ZG Master Plan. Part of the City's strategy in using lazge public meetings has been to keep them
to two hours or less, over lunch or just after the work day -and in this case, staff soon realized
the level of detail required would be faz too burdensome for this kind of large meeting.
In addition, if we chose a simpler approach for a lazge public meeting, it would not reflect the
legally required review for the ZG Master Plan. The next section of this memo outlines the land
use review required in this case.
Page 1 of 2
LAND USE REVIEW PROCEDURE:
The Land Use Code states that the City shall adopt a "community plan," and may "amend,
extend or add to it ... ," pursuant to Section 26.104.030. The P&Z and the Council adopted the
Aspen Area Community Plan in 2000.
In December 2006, the City Council adopted the Civic Master Plan as an extension of the AACP.
As required by Section 26.104.030, the Civic Master Plan spelled out "its relation to the AACP,
]and use development and planning."
The Civic Master Plan stated that it used the guidance of the AACP to establish the Civic Master
Plan's Core Principles, and to make Findings and Recommendations with regazd to future
development on a vaziety of public properties.
The Civic Master Plan is a highly conceptual physical plan encompassing public portions of the
"Civic Core" from the river to the mountain. The Civic Master Plan requires that future land use
applications on public properties in the Civic Core show "consistency" with the Findings and
Recommendations of the Civic Master Plan.
On May 27, 2008, the City Council formally initiated the Zupancis-Galena (ZG) Master Plan
process. The ZG Master Plan is a more specific physical plan that focuses on one particulaz azea
of the Civic Core. The ZG Master Plan is a land use application, and therefore it is required to
show "consistency" with the Civic Master Plan.
Any master plan process requires public hearings before the P&Z and the City Council prior to
adoption. Although the Land Use Code does not establish standazds of review for master plans,
in this case, there are legally established standards of review. It is the responsibility of the P&Z
to use the relevant findings and recommendations in the Civic Master Plan as standazds of
review to evaluate the ZG Master Plan.
Staff intends to present its findings on whether the ZG Master Plan is "consistent" with the Civic
Master Plan, and the P&Z will make its own determination. The P&Z may find that some
portions of the ZG Master Plan aze consistent, while others aze not.
In addition, staff is suggesting that if the P&Z has questions about significant issues of public
policy that aze not addressed satisfactorily by the Civic Master Plan or the ZG Master Plan, staff
may take these questions either to a lazge public meeting and/or to the City Council so these
issues can be addressed.
As a method to prepare the P&Z for considering the merits of the ZG Master Plan, and if the
weather is agreeable, staff would like to take the P&Z on a tour of the ZG site on the 22"a
Page 2 of 2