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HomeMy WebLinkAboutagenda.apz.20080819AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, August 19, 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 ~`~ ~~a ~ ~p ~ IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. Aspen Valley Hospital Facilities Master Plan, Conceptual PUD, Resolution #022-08 B. Miscellaneous Code Amendments, continued from 07/22/08 VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN MEMORANDUM ~• ,• TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Community Development Deputy Director RE: Aspen Valley Hospital -Master Facilities Plan (401 Castle Creek Road) - Conceptual Planned Unit Development -Resolution No. 23, Series 2008 -Public Hearing MEETING DATE: August 19, 2008 APPLICANT /OWNER: Aspen Valley Hospital, David Ressler, CEO REPRESENTATIVE: Leslie Lamont, Lamont Planning Services. LOCATION: Parcel C, Aspen Valley Hospital District Subdivision, commonly known as 401 Castle Creek Road. CURRENT ZONING aS: USE Located in the Public (PUB) zone district. Lot C contains 19.1 acres or approximately 832,085 sq. ft. of lot area. PROPOSED LAND USE: The Applicant is requesting to develop a master plan for the redevelopment and expansion of the hospital campus. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the attached resolution making a recommendation to City Council to approve the conceptual development plan with conditions. SUMMARY: The Applicant requests of the Planning and Zoning Commission a recommendation of approval of Conceptual PUD. Page 1 of 4 Photo of the hospital's main entry. LAND USE REQUESTS AND REVIEW PROCEDURES: As noted in the July 15` staff memo, the Conceptual Planned Unit Development review for the proposed master facilities plan of the hospital is being divided into four heazings with individual topics as noted below: July 1, 2008: Project Overview: Operational Needs, Program, Trends, Phasing, Architecture & Design July 15, 2008: Employee Housing, Site Improvements (grading, drainage, trail location), Noise Analysis August 5, 2008: Transportation (parking generation, trail easement, site, roads, bikes, trails, parking garage), Housekeeping items August 19, 2008: Conditions of approval, Vote Again the purpose of Conceptual PUD is to allow the Commission the opportunity to identify any major questions or concerns that you would like to have the Applicant address further, either at this stage of review (conceptual) or at a later more specific stage of review (final). PROJECT SUMMARY: The Applicant, Aspen Valley Hospital District, LLC has requested approval to redevelop and expand the existing hospital campus which was annexed into the city in 2003. The focus of the proposal is on Parcel C of the campus, where the hospital, senior center/assisted living (Whitcomb Terrace), ambulance barn, heli-pad and the hospital CEO's residence is located. Parcel A of the campus includes the Schultz building and Mountain Oaks employee housing. Parcel C contains approximately 19.1 acres or 832,085 square feet. A site map is provided on the next page per Figure 1. The Applicant would like to redevelop the parcel taking into account a twenty year program life cycle with an anticipated 2016 build-out timeline. The following tables compare existing and proposed development for the site and the buildings on the campus. Tahle 1. F.xistinQ and Prnnosed Conditions -- Existin Conditions Pro osed Conditions Parcel Area 832,085 s . ft. 832,085 s . ft. Building Footprint (residence, hospital, bus barn, & hase I) 90,849 sq. ft. 171,164 sq. ft. Im ervious Area 190,700 s . ft. 189,854 s . ft. O en S ace 550,536 s . ft. 471,067 s . ft. Surface azkin 175 110* Notes: * The proposed surface area does not include parking structure spaces, with pazking ara a spaces the total e uals 339 s aces. Page 2 of 4 Table 2: Existine and Proposed Gross Sauare Feet of Development Existin Faeili Pro osed Total at Build-Out Below Grade 5,000 24,558 29,558 Above Grade 70,700 96,121 166,821 Med. Office 0 17,716 17,716 Sub-Total 75,700 138,395 214,095 Pazkin Gaza e 0 76,000 76,000 Total 75,700 214,395 290,095 t: ~ub~ect ~~te NORTN /~'~ c~ n j~ ~ ~. ~~~_~ ~i ~; ~' ~Co r, Q~~~~ ,~ ~~, ~~ RECOMMENDATION: The Commission has discussed the master plan for the hospital at three previous meeting. Based upon those discussions, staff has included a draft resolution recommending approval of the conceptual development plan with conditions. Staff recommends the Planning and Zoning Commission approve the resolution. PROPOSED MOTION: "I move to make a recommendation to City Council to approve the conceptual development plan with conditions." Page 3 of 4 ATTACHMENTS: EXHIBIT A -Application (provided previously to the Commission) EXHIBIT B - APCHA Referral dated July 3, 2008 (provided with 7/15/08 staff memo) EXHIBIT C - Engineering Referral dated May 17, 2008 (provided with 7/15/08 staff memo and current memo) EXHIBIT D - Parks Department Referral (provided with 7/15/08 staff memo and current memo) EXHIBIT E - Pitkin County Referral dated May 6, 2008 (provided with 8/5/08 staff memo) EXHIBIT F - Transportation Referral dated May 5, 2008 (provided with 8/5/08 staff memo) EXHIBIT G - Public comment from Karen Ryman dated July 2, 2008 (provided with 8/5/08 staff memo) EXHIBIT H - PUD Review Criteria Page 4 of 4 RESOLUTION N0.23, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR THE ASPEN VALLEY HOSPITAL MASTER PLAN FOR THE ASPEN VALLEY HOSPITAL DISTRICT, LEGALLY DESCIBED AS PARCEL C, ASPEN VALLEY HOSPITAL DISTRICT SUBDIVSION AND COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD ParcellD:273512307801 WHEREAS, the Community Development Department received an application from the Aspen Valley Hospital District, represented by Leslie Lamont of Lamont Planning Services, requesting the Planning and Zoning Commission recommend approval of a Conceptual Development Plan for a Planned Unit Development (PUD) for the redevelopment and expansion of the hospital through development of a master plan; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Fire Protection District, Pazks Department, Aspen/Pitkin County Housing Authority, Pitkin County and the Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Conceptual PUD and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be granted by the City Council at a duly noticed public heazing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, Conceptual PUD review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at multiple public hearings where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on July 1, 2008 the Planning .and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to July 15, 2008 for further discussion. At the July 15, 2008 public hearing, the Planning and Zoning Commission re-opened the public heazing to consider the project and continued the hearing until August 5, 2008 for further discussion. At the August 5, 2008 public hearing, the Planning and Zoning Commission re-opened the public heazing to consider the project and continued the project to August 19, 2008 for further discussion. At the August 19, 2008 public heazing, the Planning and Zoning Commission re-opened the public heazing to consider the project and recommended City Council approve the Conceptual Planned Unit Development application by a _to L-~ vote, with the findings and conditions listed hereinafter; and, Page I of 5 WHEREAS, Conceptual PUD approval shall only grant the ability for the applicant to submit a Final PUD application and the proposed development is further subject to Final PUD review as well as other associated land use review approvals pursuant to the Municipal Code. WHEREAS, an application was submitted for the Aspen Valley Hospital District, which proposed on parcel C a redeveloped and expanded multi-story hospital building generally consisting of an expanded obstetrics ward, patient care rooms, emergency department, imaging department, cardiology clinic and lab, surgical suite, rehabilitation and therapy space, nuclear medicine space, intensive caze ward, oncology space, administration offices and central plant upgrades. Also proposed are a new parking garage, service loop service road, drainage ponds, medical office space, roof heli-pad, and new primary entrance with a revised patient drop-off area. WHEREAS, the Commission finds that the development application as proposed and identified as Exhibit A of the July 1st staff memo meets the review standazds for a Conceptual PUD as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Conceptual Planned Unit Development for Aspen Valley Hospital Master Plan, subject to the conditions listed in Section 1 below. Section 1• The approval is subject to the following conditions: 1. The Final PUD application shall reflect and demonstrate compliance with the Conceptual application reviewed by the Commission. 2. The Final PUD application shall include: a. An application for Final PUD and associated land use review approval pursuant to the Municipal Code. Apre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions to become requirements of the PUD. c. A proposed PUD plat(s). 3. Prior to submitting an application for a Final PUD, the applicant shall maintain certain aspects of the proposal from conceptual to final application or make revisions to the development proposal as identified by the Planning and Zoning Commission as follows: a. Overall Building Size, Uses, Architecture, and Design. The proposed building size, massing and scale are conceptually appropriate for the site as well as the proposed uses; however, the pazking gazage should be evaluated and treated to create minimum visual impact. The proposed materials and architecture of the building are appropriate for the site. b. Evaluation of Employee Generation. The consideration of volume, support services, decompression and increased efficiency as outlined in the Conceptual Application dated January 2008 is appropriate in determining Employee Generation. Medical office space employee generation should be evaluated by auditing other medical offices. Existing Employees Housed credits can be used for Employee Generation Page 2 of 5 mitigation; however, a detailed inventory of the total number of employees housed, credits that have been used, and those remaining shall be provided. c. Nordic Trail Location. Any relocation of the Nordic trail will be finalized with the input of neighbors and the Parks Department. d. Drainage/ Snow Storage. The Applicant will further evaluate the feasibility of using the proposed detention ponds for snow storage, as the proposed vehiculaz use of the trail to access the ponds is not permitted by the city. An alternative solution for access to the ponds or for snow storage needs to be considered. e. Service Loop Road. The Applicant shall evaluate additional options to raising the height of Castle Creek Road which proposed as part of the improvements associated with development of the service road. f Parking. By Final PUD application, the Applicant shall provide a current, detailed parking needs assessment based upon the proposed size and use of the building. g. Enlarged Study Area. The Applicant shall include a greater study azea for the main entry to the hospital to include the RFTA bus stop, the pedestrian crossing across Castle Creek and Doolittle Drive (including a separate access onto Castle Creek Road for Doolittle Drive). h. Housekeeping Items. Consent by departments potentially affected by the removal of the 100 feet easement shall be received prior to removal of the easement. A clear history of the affordable housing `pazcel' designated on the site shall be provided for the city to consider removal of the `parcel'. Section 2: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Section 3: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standazds published by the Engineering Department. A comprehensive drainage report must be completed according to the engineering department's design criteria for final PUD application. This analysis must account for all off site basins and must consider the downstream facilities. It must also identify whether or not these facilities are sized appropriately. The report must also include the analysis of drainage along Castle Creek Road. A detailed Transportation Impact Analysis shall be submitted with final PUD application meeting the scope and criteria for evaluation as provided by the City Engineer. Section 4: Affordable Housing The APCHA board recommends that credits be allowed to be used for the employee mitigation requirement. The credits will need to be verified and approved by staff during Final PUD application. Up-to-date employee numbers shall be provided to APCHA during Final PUD application for review. It is recommended that the Applicant work with staff on the credit and employee generation prior to Final PUD application. Page 3 of 5 Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Transportation Additional information on the existing and proposed incentives that the hospital uses and is considering in the traffic mitigation plan shall be provided at Final PUD application. Section 7: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. Section 9: Environmental Health The state of Colorado mandates specific mitigation requirements with regazd to asbestos. Additionally, code requirements to be awaze of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, and noise abatement. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: School Lands Dedication and Imaact Fees The Applicant shall pay all impact fees and the school lands dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: Parks A formal vegetation protection plan shall be required with building permit application. An approved tree permit will be required before any demolition or access infrastructure work takes place. Final layout of the plantings and pazk designs require Pazk Department approval. A detailed landscape plan shall be provided at final application. Section 13: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be Page 4 of 5 deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on August 19, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Page 5 of 5 EXHIBIT H Chapter 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standazds and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. Genera[ requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff believes that a number of the goals in the Aspen Area Community Plan aze met at a conceptual level including: "containing development...to ensure development is contained and sprawl minimized," "maintain and improve the appeal of walking and bicycling," and "protect and enhance the natural environment." The development is located with the urban growth boundazy, has multimodal opportunities for getting to the hospital, and minimizes the development footprint of the site. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The proposed development is on a large tract of land that acts as a campus setting for the hospital, senior housing, ambulance barn, and health and human services building. The property is close to open space and some dense neighborhoods. The development is an expansion of an existing use. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff believes that this development will not adversely affect the future development of the area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Not Applicable at this point in the review. The Applicant will be required to make a Growth Management Application as part of the Final PUD. Under the current proposal, the application will be reviewed as an essential public facility, and may Exhibit H -PUD Review Criteria Page I of 10 require growth management approval for the development of new commercial space/medical clinics (net leasable) and the development of affordable housing. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The PUD development plans establish dimensional requirements for all properties in PUD. The dimensions of the PUD shall be memorialized during the Final PUD review. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The dimensional requirements allow for the expansion of the hospital while minimizing the footprint of the hospital and maintaining open space. At a conceptual level, the proposed building expansion and its location on the site is compatible with the character of the azea. b. Natural or man-made hazards. No known natural hazards exist on the lot. The relocation of the heli-pad will reduce a potential man-made hazard. Staff finds this criterion to be met. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Most of the development proposed is within areas of the site that have already been impacted by development. The applicant is proposing to maintain a lazge percentage of open space and natural vegetation on the site. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. The applicant is proposing a service loop road with certain improvements to separate circulation by use. Improvements with regard to vehiculaz circulation Exhibit H -PUD Review Criteria Page 2 of 10 aze proposed as well as pedestrian improvements. At a conceptual level, staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The Applicant is proposing to concentrate the redevelopment to an azea that is already developed, minimizing the impact of the new development and maintaining a lazge amount of undeveloped land on the site. As noted earlier, a large portion of the site is undeveloped and the proposal will maintain that feeling of openness. Staff finds this criterion to be met. 3. The appropriate number ojoff-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. b. The varying time periods of use, whenever joint use of common parking is proposed c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. The Applicant provided a summary of the parking needs analysis in the application. The consultant undertaking the analysis considered alternative modes of transportation that can be used to get to the hospital and reduced the estimated number of off-street parking spaces needed for the redevelopment. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufftcient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. The applicant is not proposing any housing for this review. Staff finds this criterion not applicable. Exhibit H -PUD Review Criteria Page 3 of ] 0 S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. The applicant is not proposing any housing for this review. Staff finds this criterion not applicable. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specifu area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. The applicant is not proposing any housing for this review. Staff finds this criterion not applicable. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public Exhibit H -PUD Review Criteria Page 4 of 10 spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. A large portion of the site is undeveloped and in a natural state. The redevelopment is proposed to maintain that feel and limit the developed azea of the 19 acre site. Staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. As mentioned previously, a large portion of the site is undeveloped and in a natural state. The redevelopment is proposed so as to maintain that feel and limit the developed area of the 19 acre site. Staff finds this criterion to be met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. The proposed building is generally oriented towards the public street but is set back from the street which contributes to the more open feel of Castle Creek Road. Existing vegetation currently screens the hospital. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. The City of Aspen Fire Marshal has reviewed the proposal, and has noted that final details on the service loop road will be necessary in the future. Staff finds this criterion to be met at a conceptual level. 5. Adequate pedestrian and handicapped access is provided. According to the Application, the project will comply with all applicable requirements. Improvements aze being proposed for the pedestrian trail. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. According to a letter submitted by the Applicant's engineer, site drainage will be handled with retention ponds in the more natural, undeveloped area of the site. Staff finds this criterion to be met at a conceptual level. Exhibit H - PUD Review Criteria Page 5 of l0 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. The Application has developed the master plan to accommodate the multiple functions at the site: helicopter access, ambulance and service access, as well as patient access. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The Applicant provided a draft landscaping plan as part of the original Conceptual application. An updated version will be provided as part of the Final PUD Application. 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. The Applicant has provided some conceptual landscaping on the site plan in the application and has developed the landscaping to conespond with the two development zones of the project: developed and natural. A number of new plantings aze proposed with a more intensive/traditional landscaping near the hospital and natural grasses, serviceberry and gambel oak in the natural areas. A final landscape plan will be submitted as part of the Final PUD application. Staff finds this criterion to be met. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. The undeveloped area of the site provides a natural open setting. Enhancements in this azea need to preserve these features. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. The Applicant will provide a final landscape plan in with the Final PUD. This will ensure existing landscaping is preserved or mitigated for if it is to be removed. Staff finds this criterion to be met. E. Architectural Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a Exhibit H -PUD Review Criteria Page 6 of 10 character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. A variety of materials are being proposed for the redevelopment of the hospital: glass, masonry, and stone. As an institutional type of use, the conceptual design reflects the use of the building with a palette of materials that fit well on the site. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less-intensive mechanical systems. The Applicant has noted that the building is expected to be designed to achieve LEED certification and that it is anticipated that the building is designed and constructed in an environmentally sustainable way. Staff finds this criterion to be met. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. The Applicant has submitted a conceptual plan for snow removal and storage as part of the application. A final detailed plan will be required to be addressed at final application. Staff finds this criterion to be met. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. The Applicant will comply with all lighting regulations in place. Amore detailed plan will be provided as part of the Final PUD. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Exhibit H -PUD Review Criteria Page 7 of 10 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial developmenk There aze no common park, open space or recreation areas proposed by the Applicant. The site contains the existing Nordic trail and Pedestrian trail that have easements allowing for public use on private property. Changes or improvements to these two trails will need to be approved by city staff. The Applicant is proposing a new passive use area in the vicinity of the proposed retention ponds. There is no public access easement being proposed at this time for the passive use area. Staff finds this criterion to be met at a conceptual level. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The Water, Sanitation, and Electric Departments reviewed this application and determined there is adequate service for this development. This will be addressed in greater detail at Final PUD. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. At this time no adverse impacts on the public infrastructure aze anticipated. This will be addressed in greater detail at Final PUD. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. This criterion will be addressed at Final PUD when a finalized site plan and associated materials are available for City Departments to review. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and Exhibit H -PUD Review Criteria Page 8 of 10 recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff believes that all structures and uses will have appropriate access to a public street. A thorough traffic impact analysis with final application will detail any necessary improvements related to access. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff believes the conceptual design of adding a service access road, potential improvements to Doolittle Drive and a new parking circulation scheme will ease congestion at this site. Staff does find this criterion met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development has existing trail easements on the property. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The Parks department has reviewed the application and found that no additional easements are necessary at a conceptual level. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Exhibit H -PUD Review Criteria Page 9 of 10 There are no gates or guard posts proposed as part of this PUD. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. No phasing is proposed as part of this development. Exhibit H -PUD Review Criteria Page 10 of 10 ~$. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Plannerf'~}:` j Chris Bendon, Community Development Director DATE OF MEMO: August 14, 2008 MEETING DATE: August 19, 2008 RE: Miscellaneous Code Amendments, Resolutions 25 and 27, Series of 2008 SUMMARY: At the July 22, 2008 Planning and Zoning Commission heazing, the Commission heard three resolutions relating to various code amendments. Resolution 26, Series of 2008 addressed changes to the Multi-Family Replacement Program, and was unanimously approved by the Commission. Staff also brought forwazd amendments to the Commercial Design Review process (Resolution 25, Series of 2008), and amendments to the Calculations and Measurement section of the Land Use Code (Resolution 27, Series of 2008). Resolutions 25 and 27 were continued to the August 19`h heazing. At this meeting Staff would like to walk through the proposed changes to the Commercial Design Review process and Calculations and Measurements. Attached are copies of the current code as well as the proposed changes. COMMERCIAL DESIGN REVIEW (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. CALCULATIONS AND MEASUREMENTS: This proposal is staff initiated. There are a series ofnon-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. ATTACHMENTS: Attachment A: Commercial Design Review as codified today Resolution 25, Series of 2008: Commercial Design Review with proposed changes Attachment B: Calculations and Measurements as codified today Resolution 27, Series of 2008: Calculations and Measurements with proposed changes Attachment A: Commercial Design Review, as codified today 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 Council Following the adoption of a resolution approving, approving with conditions or disapproving a development 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. 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 no associated permits can be issued during the thirty (30) day call-up period. D. City Council action on appeal or call-up. The City Council shall consider the application on the record established before the HPC. The City Council shall affirm the decision of the HPC unless there is a finding that there was a denial of due process or the HPC has exceeded its jurisdiction or abused its discretion. The City Council shall take such action as is deemed necessary to remedy said situation, including, but not limited to: 1. Reversing the decision. 2. Altering the conditions of approval. 3. Remanding the application to the HPC for reheazing. (Ord. No. 1-2002, § 7 [part]; Ord. No. 52-2003, § 10) 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 standazds 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 conceptual design, 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. Attachment A: Commercial Design Review, as codified today 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, no associated permits can be issued during the thirty-day call-up period. 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 ou call-up. The City Council shall consider the application on the record established before the Planning and Zoning Commission or Historic Preservation Commission, as applicable. The City Council shall affirm the decision of the Commission unless there is a finding that there was a denial of due process or the Commission exceeded its jurisdiction or abused its discretion. The City Council shall take such action as is deemed necessary to remedy said situation, including but not limited to: a. Reversing the decision. b. Altering the conditions of approval. c. Remanding the application to the Commission for rehearing. (Ord. No. 13, 2007, §1) 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 boundaries, the location and orientation of existing and proposed improvements and predominant site characteristics. (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: 2 Attachment A: Commercial Design Review, as codified today (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 Paragraphs a, b and 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. 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 regards 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 hearing shall be required. (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) year 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 aone-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. 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. Attachment A: Commercial Design Review, as codified today (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 hearing before the HPC shall be scheduled. Notice of the hearing shall be provided pursuant to Paragraphs 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. (4) A resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.130 and no permit will be issued for construction of the project until the thirty (30) day "call up" period by City Council has expired. (5) 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. 4 Attachment B: Calculations and Measurements, as codified today Sec. 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 area, the following applies: General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor azea, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. When measuring from exterior walls, the veneer and all exterior treatments shall be included. When calculating areas with stairs, each floor-to- floor staircase is counted only once. 2. Decks, Balconies, Porches, Loggias 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 fifteen 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 towazds FAR. 3. Garages, Carports and Stora¢e Areas. In all zone districts except the R-15-B Zone District, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports and storage areas shall be excluded up to a maximum area of two hundred fifty (250) squaze feet per dwelling unit; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty percent (50%) towards allowable floor azea; all garage, carport and storage areas in excess of five hundred (500) squaze feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall only be excluded from floor azea calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty percent (50%) towards allowable floor azea. For the purposes of determining the exclusion, if any, applicable to gazages, carports and storage azeas, the area of all structures on a parcel shall be aggregated. For garages that aze part of a basement, the gazage exemption is taken from the total below-grade area before the subgrade calculation takes place. In the R-1B Zone District, garage, carport and storage areas shall be limited to a five-hundred- square-foot exemption. 4. subgrade Areas. To determine the portion of subgrade areas that are to be included in calculating floor area, the following shall apply: a. 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 1 Attachment B: Calculations and Measurements, as codified today that is exposed above the most restrictive of the grades shall be the total percentage of the gross squaze footage of the subject story included in the floor area calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area 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 square footage of the subject story will be included as floor area. b. For any dwelling unit that can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in Subparagraph a. above if it is located along said alley or road. c. In the R-15B Zone District only, garages, carports and storage areas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) squaze feet per dwelling unit. 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 azea for a parcel with the same inclusions and exclusions for calculating floor azea as defined in this Section, unless eligible for an exemption as described below: Detached and permanently affordable ADU or Carriage 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 parcel. 7. Affordable Housing Bonus. The floor area of a pazcel containing asingle-family or duplex residence and a permanently affordable "for sale" ADU or carriage house located on the same parcel 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 area of the associated ADU or carriage house, up to a maximum bonus of six hundred (600) square feet per pazcel. 8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area, 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. 2 Attachment B: Calculations and Measurements, as codified today 9. 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 share of the nonunit floor azea 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 square footages 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. fr. affordable housing floor area + 1,000 sq. ft. nonunit floor area = 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square 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 area = 50% affordable housing floor area = 25% Therefore, the one thousand (1,000) square feet of nonunit space is allocated to the different uses as follows: commercial floor area = 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 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, mansard or other roof with a slope of less than 3:12. 3 Attachment B: Calculations and Measurements, as codified today 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 similar 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 ('/3) 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 similar 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 areaways, light wells and basement stairwells. An areaway, 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 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 area ratio, lot areas shall include only azeas 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 area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that azea within a vacated right-of--way or within an existing or proposed dedicated right-of--way or surface easement. 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. 4 Attachment B: Calculations and Measurements, as codified today When calculating density, lot azea shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of azeas of greater than twenty percent (20%) slope. 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 area, as described above, to be removed. Wall azea or roof area 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 azea shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless 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 area 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. Attachment B: Calculations and Measurements, as codified today According to the prepazed 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 involuntarily 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. 46-200], §4; Ord. No. 55, 2003, §§2~; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32) 6 Attachment B: Calculations and Measurements, as codified today 26.575.040. Yards. The following supplemental regulations shall apply to all yazds. A. 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; 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; 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.). 7. 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 area approved for pazking. Exterior merchandizing. Exterior merchandizing in nonresidential zone districts shall be prohibited in all required yard setbacks. 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 yard setbacks. On corner lots, permanent placement of trash containers shall not be permitted in the setback of any yard facing a street. 7 Attachment B: Calculations and Measurements, as codified today B. 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 yard 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. r~ T~ :. J ~ ~J Figure 575.1 Required Setback From a Private Road or Right-of--Way C. 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 yard, which shall meet minimum setbacks for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (2/a) of the required Front yard setback distance for the zone district. The rear yard must coincide with the rear alignment of neighboring lots, regardless of which yard is considered the front yard by the owner. D. Transitional yards. Where two (2) lots which share a common side lot line are in different zone districts, the lot in the more intensive zone district shall observe the required yard setback distance as established for the less intensive use zone district. E. Nonaligned lots. For any lot in the R-6 Zone District in excess of nine thousand (9,000) square feet which is not aligned along the traditional Aspen Townsite lot lines, 8 Attachment B: Calculations and Measurements, as codified today the building inspector shall measure the side yards from the two (2) shortest sides of the lot which are opposite from each other and the front and reaz yards 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) RESOLUTION No. 25 (Series of 2008) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ~---~-- Formatted: centered, rodent: teR: o",First ASPEN, COLORADQ DETERMINING THAT AMENDMENTS TO THE line: o", Tab sto0s: 1.5", teR+ Not at n25" 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; 26.412.040.6 -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 [o 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 Sections26.415.120 - Appeals, notice to City Council and call up; 26.412.040.6 -Appeals, notice [o 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 [o City Council and call up; 26.412.040.6 - 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 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 welfaze. WHEREAS, the amendments to [he Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. Test-keinS-re~teved-is Text beine added [o the code is Breen with underline and looks like this. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section l: Section 26.415.120 -Appeals, notice to City Council and Call-Up, which section describes [be 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 [he 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 Council. 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 [he 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 gr~hic form of the project with a copy of [he approvin¢ document. C. Ca[[-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 applications for Final Development Plan Review shall no[ be accepted by the City and no associated permits sari-shall be issued during the thirty (30) day call-up period. If City Conncil exercises this call-up provision, no applications for Final Development Plan Review shall be accepted by [he 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 [he action within the call-up period, [he resolution of HPC shall be the final decision on the matter. D. City Council acBon on appeal or call-up. The City Council shall, at a public meetin¢, consider the application e novo. The __..--- FormattaE: Pont: trao< City Council ~, a[ 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. °"°" ^F"-'"° a°°~°~-- °F'"° LTO^ ~~-'°^^'"°-° ~^ F.. A:.... ]L.,l A, °..° .. ....., d.,..:.,1 ..F J .., . A., Lill!` L....., .,.,d.,d :~ -:^d:°~:°.... °`°°°a ~'.~°°-°`~°-. The City Council shall take such action as its deemsed necessary4e °°-~iaa, including, but not limited to: 1. Acceptine the decision. 2_Reversing or amendine the decision. 23. Altering the conditions of approval. 34. Remanding the application to the HPC for rehearing. (Ord. No. 1-2002, § 7 [part]; Ord. No. 52-2003, § 10) 5. Continuing the meeting to request additional evidence, analysis, or testimony necessary [o 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. ]. 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 [he 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 Ceoncep[ua] 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 [he approving document. Also see appeal procedures, Section 26.412.090 below. 3. Ca[[-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 by the Ci[y and no associated permits sart-shall be issued during the thirty-day call-up period. If Citv Council exercises this call-up provision. no applications for Final Desien shall be accepted by the City and no associated permits shall be issued until the City 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 [he matter. 4. City Counci[ action on cal[-up. The City Council shall, at a public meeting, consider the application a novo. _ _ _,.--- Formatted: wit: ttalic Lo:.:ag--6o.;,;.issien~:--r":ster:,o-D.-°sewo2:^.~~ .+..°__issien,~s'°. The City Council may, at its discretion, consider evidence included in the record established by the Historic Preservation Commission or Plannine and Zonine Commission, as applicable, or supplement the record with additional evidence or testimony as necessary. `''°"s.a,.-an.r.,`~-^' .._ .~,. ~,.__:....:.._ ...•......a,.a :...:.._:..a:,..:.._ ,._ ..~......a :._ a:..°_°.:°... The City Council shall take such action as its deemsed necessary '^ -°-^°•'° ^^~•' ^~ , including but not limited to: a. Acceptine the decision. b_Reversing or amendine the decision. bc. Altering the conditions of approval. ed. Remanding the application to the applicable Commission for rehearing. (Ord. No. 13, 2007, §1) e. Continuine the meetine to reaues[ 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 boundaries, the location and orientation of existing and proposed improvements and predominant site characteristics. (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 [he proposal complies with Chapter 26.410, Residential design standards or a written request for a variance from any standard that is no[ 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 [he hearing shall be provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and 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 [he reasons for [he 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. (4) A resolution of the HPC action shall be forwarded to the City Council in City and no associated permits 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 regards [o 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 [he applicant chooses Format[etl: Font: Not Bob to makes substantial amendments to the conceptual design after it has been approved, a new conceptual development plan hear-ittg-aporoval 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) year 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 Community Development Director may Brant an extension of this limitation if the delay has been caused by the application reauirina additional lene[hv reviews [ha[ could no[ have been reasonably avoided by the applicant. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant aone-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. ----- Formatted: rat, smps: is^, Left + rvot ac o.zs° 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 al] 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: Q) 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 hearing before the HPC shall be scheduled. Notice of [he hearing shall be provided pursuant to Paragraphs 26.304.060.E.3.a, band c. (2) Staff shall review the submittal material and prepare a report [hat 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. ~Le LTD!` .. .:11 L.. F .... ..~deA • ~L.. /`:w I ~~:~~ . _~__ ~A......y .:~L .C.v~i~i~, to iii iov ., d '~vll Le-T v-~roT ... ~~..~ .... , mfll TRf~'Cr'm~~ 1~......,.:1 L.........:...A ~~ (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 Cplorado, 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 astoform: City Attorney RESOLUTION No. 27 (Series of 2008) A RESOLUTION OF THE ASPEN PLANNING AND 7,ONING 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 !P 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 [he 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 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 necessazy for [he promotion of public health, safety, and welfaze. WHEREAS, the amendments [o the Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. 4e~E-being-remeved-is °°a ~°~"- ^'-~'•°"-°°°` °-a '°°'~^ '~'•° "~^ Text being added to [he code is preen 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 se[ forth at Section 26.104.100. A. Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: l . General. In measuring fleeFthe area of a buildine for the purposes of calculating floor area ratio and allowable floor area, there shall be included that t~sefazea within the surrounding exterior walls ~-°°°°-°a ~ °-'~°'~ °° °°~~ °°` °f a building or portion thereof as measured to [he exterior sheathing. `~r.,.- Non-Structural veneer and all exterior treatments shall be ixsludedexcluded 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 calcula[ine areas with elevators, all positions (or stops) of [he elevator shall be counted as a floor. 2. Decks, Balconies, Porches, Loeeias 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 area of these features is greater than fifteen 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. Garaees, Carports and Storage Areas. In all zone districts except the R-IS-B Zone District, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, gazages, carports and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit ;The area of a{I garages, carports and storage areas between above two hundred fifty (250) square feet and up to five hundred (500) square feet shall count fifty percent (50%) towards allowable floor area-; The area of el! garages, carports and storage areas 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 measuring 575 square feet is 200 square feet, calculated as follows: The first 250 square feet of garage space is exempt. The next 250 square fee[ of earaee space counts at 50%. The remaining 75 square feet of garage space counts at 100%. 0 + 125 + 75 = 200. _For any dweAixg-~nifLot or Parcel which can be accessed from an alley or secondary private road entering at the rear or side of the dweNing-tmifLot, the area of the ¢arage shall only be excluded from floor area calculations, as noted above. .._ ......... ~..._a...a aa. incur ..,..... _,, c ,.. _.._ a...°n:_° .._:. If +t-the Carafe iS desated-en only accessible by a vehicle from said alley or road. Otherwise the garage shall be counted 100% in [he calculation of Floor Area with no exemption.; "u ,. °«a ...,..°,.° °.°°,. ~.°...,°°« «..,. ~.,.«a.°a rw., iocn~ 2~I0N'@b~-~0BF9eC'~ _For the purposes of determining the exclusion, if any, applicable to garages, carports and storage areas, [he area of all structures on a parcel shall be aggregated. For garages that are 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 [he calculation of Floor Area up to a maximum area of five hundred (500) square feet per dwelling unit. "-'•°a'° ^ ~~ °'-°°a^°a ^ ° ~ ^' °°°«~«'~^ 4. subgrade Areas. To determine the portion of subgrade areas [hat are to be included in calculating floor area, the following shall apply: >t--For any story that is partially above and partially below natural or----- wrmatrea: maenr. i.erc: os^, First iine: o", finished grade, whichever is lower, the total percentage of exterior surface wall lab stops: 0.5", LeR+NOI at 0.75" 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 [he floor area calculation. subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If fifteen percent (15%) of the exterior surface wall azea has been exposed above natural or finished grade (whichever is lower), then fifteen percent (IS%) of the gross square footage of [he subject story will be included as floor area. 5. (Repealed by Ord. No. 56-2000, §8) 6. Accessory Dwelling Units and Carziaee Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in [his Section, unless eligible for an exemption as described below exemption.. One hundred percent Q 00%) of the floor area of an ADU or carziage house which is detached from [he primary residence and deed-restricted as a "for sale" affordable housing unit and transferzed 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 parcel. 8~. Affordable Housing 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 parcel 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 azea bonus equal [o or less than fifty percent (50%) of the floor azea of the associated ADU or carziage house, up to a maximum bonus of six hundred (600) square feet per parcel. Formatted: Font: 12 pt Formatted: Intlent: Hanging: 0.5", Tab srops: 0.25",Left+NOt at 1.25" Formatted: Font: 12 ot. Untlerline Formatted: Font: 12 D[ 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. E}reas_of linking. structures. in excess o_ f ten (10) feet in length. shall be ._,.-- Formatted: n~ybrym counted in floor area. 910. Allocation of nonunit space in a mixed-use building. [n order to determine the total floor area 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 share of the nonunit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of [he following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. fr. free-market residential floor azea + 2,000 sq. ft. affordable housing floor area + 1,000 sg ft. nonunit floor area = 9,000 sq. fl. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor azea. Using the allocation of nonunit space standazd, the uses account for the following percentages of the total unit floor area: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Therefore, the one thousand (1,000) square feet of nonunit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. fr. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. fl. affordable housing floor area = 25% x 1,000 sq. fr. = 250 sq. fl. B. Building Heights. 1. Methods of measurement for varvina types of roofs. In the Commercial Core (CC), Commercial (C 11, 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 parapet of [he structure. For structures in all other Zone Districts, the height shall be measured as follows: a. Flal roofs or roofs with a slope of less than 3: !2. 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, mansard 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 similar 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: /2 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 ('/,) 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 similar structures shall not extend over ten (]0) 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 azchitectural projections, as well as flag poles, may extend over the specified maximum height limit. 2. Exceptions for buildin¢s 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 areaways, light wells and basement stairwells. An areaway, light well or basement stairwell of less than one hundred (100) squaze 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 towazds maximum permissible height. C Lot Area. Except in the R-15B Zone District, when calculating floor area ratio, lot areas shall include only areas with a slope of less than twenty percent (20%). in addition, half (.50) of lot areas with a slope of twenty to thirty percent (20-30%) may be counted towards floor area ratio; areas 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 area for the purpose of floor area calculations in all zone districts is that area beneath [he 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 aeeas used for shared driveways of adjacent 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 area shall have the same exclusions and inclusions as for calculating floor area ratio, except fefthe exclusion of aeeas of greater than twenty percent (20%) slope shall no[ 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 ojDemolition. The City Zoning Officer shall determine if a building is intended to be, or has been, demolished by applying [he following process of calculation: At the request of the Zoning Officer, the applicant shall prepare 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 area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area 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, rafrers etc. If a portion of a wall or roof structural capacity is [o be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless 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 no[ be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area 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 [he computation of exterior surface area. According to [he prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area 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 involuntarily collapse, regardless of the developers 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, §l4; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2~; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32) Section 2: Section 26.575.040. regarding required yards (also amended as follows: 26.575.040. Yards. Yards, which section describes the provisions known as setbacks) on development parcels, shall be The following supplemental regulations shall apply to all yards. A• Measurement of Reouired Yards. Required Yards shall be measured from the __ . -- Formatxetl: Font. som, [taut applicable Lot Line to [he exterior surface of [he Structure inclusive of anv non-structural veneer or exterior treatment. ,4B. Projections into required yards. Yards shall be unobstructed from [he ground to the sky except for the following allowed projections: I. 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 (Y,) 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 similar 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. jrences, hedges, berm_s_ and-walls-less-than six (6) feet_in height, as measured from „---- rormauw: ngmgnt --- natural grade, are permitted in all required yard setbacks. (See Supplementary Regulations -Section 26.575.050, Fences.). 7. Driveways. Driveway access shall not exceed a depth or height greater than twenty-four (24) inches above or below grade within [he required front yard 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 area approved for parking. exterior merchandizing and commercial uses Exterior merchandizing_or anv :--.- FormattM:FOnt:lzpt commercial activity including but no[ limited to the storage display and `~ '- Formattee: Font: lz pt, H~gnrgnt merchandising of goods and services ~- -° -°~:a°-'~^' °^-° a:°~'°•° shall be ' Format0ed: Font: 12 pt prohibited in all required yard setbacks-, provided, however, that [he prohibition of this Paragraph shall not apply when such use is in conjunction with permitted commercial activiri on an abuttine rieht-of-wav or is otherwise permitted by the City. For outdoor food vendine in [he Commercial Core District, also see Paragraph 26.470.040.B.3. Administrative growth management review. The Formatted: Font: lz of restaurant use if adequate emergency access is maintained. ~-~~{Formatted: Font: lz 9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard setbacks. On comer lots, mechanical equipment may not be placed in the setback of any yazd facing a street. 10. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures that meet [he 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 yard setbacks. On corner lots, permanent placement of trash containers shall not be permitted in the setback of any yard facing a street. BC. Required yards adjacent to private streets or rights-oj--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. s L,' ~- 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 yard, which shall meet minimum setbacks for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (~/) of the required front yard setback distance for the zone district. The rear yard must coincide with the rear alignment of neighboring lots, regardless of which yard is considered the front yard by the owner. 8Et_ Trarrsitional yards._ Where two (2) lots which shaze a common side lot ...--~ Formatted: Hynrgrrc line are in different zone districts, the lot in the more intensive zone district shall observe Formatted: H~ynryrrc the required yard 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) square feet which is not aligned along [he traditional Aspen Townsite lot lines, the building-insNeeteeZonine Officer shall measure the side yards from the two (2) shortest sides of the lot which are opposite from each other and the front and rear yards from the two (2) longest sides of the lot which are 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 [he Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of [he 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