HomeMy WebLinkAboutLanduse Case.ZO.Aspen Grove Sub.Eastwood Sub.Knollwood Sub.1987-ZO-1
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:
DATE COMPLETE:
PARCEL 10 AND CASE NO_
PROJECT NAME: e
Project Address: G.-i}/") C5. ~I
~~~i~~~:Addres(!/i! VT ~;11.
REPRESENTATIVE:
Representative Address/Phone:
TYPE OF APPLICATION:
PAID: YES @ AMOUNT:
1 STEP APPLICATION:
P&Z MEETING DATE:
.. PUBLIC HEARING: YES NO
DATE REFERRED:
INITIALS:
2 STEP APPLICATION:
CC
MEETING DATE:
PUBLIC HEARING: YES NO
DATE REFERRED:
INITIALS:
REFERRALS :
city Attorney
City Engineer
Housing Dir.
Aspen Water
City E1ectric
Envir. H1th.
Aspen Conso1.
S.D.
Mtn. Be11
Parks Dept.
Ho1.y Cross
Fire Marsha11
Fire Chief
Roaring Fork
Transit
Schoo1 District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
B1dg:Zon/Inspect
Roaring Fork
Energy Center
Other
FINAL ROUTING:
DATE ROUTED: Qcf5 -ghNITIAL:"1IJc/:
city Atty
city Engineer
B1dg~ Dept.
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Caseload dispositon sheet for the initial zoning for the Aspen
Grove/Knollwood/Eastwood annexation area
Planner Glenn Horn
On JUly 13, 1987 city council approved the initial zoning for the
annexation area. The area was zoned R-15B which was a new zone
district approved on the same night. In addition to zoning the
area R15B the area was given 8040 Greenline review approval.
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MEMORANDUM
TO:
Planning Office
Building and Zoning Department
Environmental Health Department
city Engineer
County Planning Engineer
County Public Works Director
County Sheriff
Police Chief
FROM:
Glenn Horn, Assistant Planning Director
RE:
Aspen Grove/Knollwood/Eastwood Annexation
DATE:
July 15,1987
================================================================
On July 13, 1987 the Aspen City Council annexed the Aspen
Grove/EastwoodjKno11wood annexation area. The area includes all
of the Aspen Grove and Eastwood subdivisions and all of the
Kno11wood subdivision with the exception of the block located on
the south side of state Highway 82. On Thursday July 23, the
described areas will become a part of the city of Aspen.
The annexation area will be zoned R-15B which is a new zone
district. Building and Zoning should utilize the attached copy
of the ordinance which created the R-15B zone district as a guide
for zoning questions. I have not attached the ordinance for
other departments because you probably are not interested in the
zoning. As part of the zoning process the entire annexation area
was granted 8040 Greenline review approval. Therefore, although
most of the annexation area is aboVe the 8040 elevation line, the
developments in the area do not have to go through 8040 Greenline
review.
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LOT SIZE
(Single-Family
Structures)
0-3,000
3,001-9,000
9,001-15,000
15,001-50,000
50,000+
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EXHIBIT "An
EXTERNAL FLOOR AREA RATIO
STANDARD
80 s. f. for each
add. 100 s.f. in
lot area
28 s. f. for each
add. 100 s.f. in
lot area
7 s.f. for each
add. 100 s.f. in
lot area
6 s.f. for each
add. 100 s.f. in
lot area
2 s.f. for each
add. 100 s.f. in
lot area
ALLOWABLE SQ. FT.
.70x(0-2,400)
.70x(2,400-4,080)
.70x(4,080-4,500)
.70X(4,500-6,500)
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;70x(6,500+)
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MEMORANDUM
TO:
Aspen City Council
Glenn Horn, Assistant Planning Director ~
Robert S. Anderson Jr., City Manager te;;L 'F--
Creation of the R-15B Zone District and Initial Zoning
for the Aspen Grove/Knollwood/Eastwood Annexation Area
FROM:
THRU:
RE:
DATE:
July 13, 1987
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SUMMARY AND RECOMMENDATION:
The Planning Office recommends approval on second reading of
Ordinance,9<=, (Series of 1987) and Ordinance cQ.C", (Series
of 1987) creating the R-15B zone district and zoning the Aspen
Grove/Knollwood/Eastwood annexation area R-15B.
BACKGROUND:
On June 16, 1987 the City Council approved on first reading an
ordinance creating the R-15B zone district and an ordinance
zoning the Aspen Grove/Kno11wood/Eastwood annexation .area R-15B.
Attached for your information is a copy of the June 16, 1987
memorandum which addresses in detail the issues associated with
these two ordinances.
The city Council directed the Staff to make two changes to the
ordinance creating the R-15B zone district. First, a change was
made to the ordinance which provides an interpretation of the
definition of a dwelling unit. The new interpretation makes it
clear that two level houses in the proposed R-15B zone district
will not be viewed as duplex dwelling units. Second, a provision
has been placed in the ordinance which exempts all existing
residences in the annexation area from the 8040 Greenline review
process.
PROBLEM DISCUSSION:
The Council also requested that the Staff research the current
sizes of houses in the Meadowood and Aspen Highlands Subdivision
because these subdivisions will probably be zoned R-15B when they
are annexed by the city. The purpose of the research was to
determine if the Floor Area Ratio proposed in the R-15B zone
district would accommodate the houses in Meadowood and Aspen
Highlands Subdivision. Our research has showed that the lots in
Meadowood and the Aspen Highlands Subdivisions vary between
15,000 and 17,000 square feet and the existing houses vary in
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size between 2,400 and 3,400 square feet in size.
few house which are larger than 3,400 square feet.
Given the proposed Floor Area Ratio in the R-15B zone district, a
3,150 square foot house could be constructed on a 15,000 square
foot lot, a 3,192 square foot house on 16,000 square foot lot and
a 3,234 square foot house on a 17,000 square foot lot. Based
upon these findings the city council may wish to consider
increasing the proposed Floor Area Ratio for the R-15B zone
district slightly to .71 or .72 of the sliding scale.
There are a
Table 1 demonstrates a comparison of various Floor Area Ratios
for your consideration:
TABLE 1
FLOOR AREA RATIO COMPARISON
Lot Area (s.f.)
.7x
sliding
scale
FAR Options (s.f.)
.71x .72x
sliding sliding
scale scale
.73x
sliding
scale
15,000
16,000
17,000
3,150
3,192
3,234
3,195
3,237
3,280
3,240
3,283
3,326
3,285
3,328
3,372
Source: Aspen/Pitkin Planning Office, July 1987
RECOMMENDATION:
The Planning Office recommends approval on second reading of
Ordinance 025' (Series of 1987) creating the R-15B zone district
and Ordinance ~Go (Series of 1987) zoning the Aspen Grove/
KnollwoodjEastwood annexation area R-15B.
PROPOSED MOTION:
"I move to :l"1l!lJ ] approve on second reading Ordinances .;l.s and
~ (Series of 1987).
CITY MANAGER'S RECOMMENDATION:
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MEMORANDUM
TO:
Aspen City Council
Robert S. Anderson, Jr., City Manager ~
Glenn Horn, Planning Office ~
steve Burstein, Planning Office
Creation of R-15B Zone District and Zoning of Annexed
Areas: Aspen Grove, Eastwood, Starodoj and Knollwood
THRU:
FROM:
RE:
DATE:
June 16, 1987
================================================================
SUMMARY AND RECOMMENDATION:
The Planning Office and the Planning and Zoning Commission
recommend that the City Council approve on first reading Ordi-
nance ..25 (Series of 1987) creating the R-15B zone district and
Ordinance ~{~ (Series of 1987) zoning the Aspen Grove/Knoll-
wood/Eastwood annexation area R-15B. There are minor differences
between the Planning and Zoning commission (P&Z) recommendation
and the Staff recommendation which are addressed in this memoran-
dum.
BACKGROUND: The Aspen City Council has initiated annexation
proceedings to annex the Aspen Grove, Starodoj and Knollwood
Subdivisions (see Map 1). Although City Council has sole author-
ity for annexation, the Aspen P&Z is required by the Municipal
Code to recommend zoning of the annexed area. The P&Z held a
pUblic hearing on June 2,1987 to consider initial zoning for the
annexation area.
Prior to the P&Z public hearing, a public meeting was held on May
19, 1987 to discuss proposed zoning. The objectives for zoning
the area, based on policies presented to City Council are:
1) To not substantially change development rights (either to
increase or decrease) from that allowed under the current
County zoning regulations;
2) To avoid creating non-conforming uses or structures through
the change in jurisdiction and the jurisdiction's regula-
tions;
3) To arrive at zoning that satisfies the residents regard-
ing problems that were not addressed under County regula-
tions, such as through removal of certain non-conformities;
4) To create a zone which may be applicable to other annexa-
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tion areas; and
5) To insure consistency with the Comprehensive Plan.
DESCRIPTION OF AREA: The annexation area consists of approxi-
mately 79.3 acres, directly east of Aspen's city limits. Most of
the area is north of Highway 82 on the rolling mountainous
terrain of the south side of Smuggler Mountain, between 8,000'
and 8,400' elevation. Block 4 of the Knollwood Subdivision is
south of Highway 82 and borders the Roaring Fork River.
There are approximately 114 parcels within the four subdivisions.
Approximately 27 lots are undeveloped. Buildout of the area
consists of some 84 single-family houses and three duplexes. The
subdivisions were approved by the Pitkin County Board of County
Commissioners between 1963 and 1971.
The Roaring Fork East Neighborhood Master Plan of the Aspen Area
Comprehensive Plan designates the future land use of the entire
annexation area "Low Density Residential" (LOR), described as
follows: "A designation recommended for existing residential
subdivisions which may be suitable for additional development
based upon an analysis of land use characteristics and the
ability of the community to provide services. Principal uses
include clustered single-family dwellings. The density of Low
Density Residential development will vary from three units per
acre to one unit per two acres depending upon the land's unique
site characteristics and compatibility with surrounding areas."
PROBLEM DISCUSSION: The current pitkin County zoning of the
entire area is R-15 Residential. When the City staff originally
met with residents in the annexation area, the Planning Office
staff mentioned that the preliminary zoning recommendation was R-
15A. Within the R-15A zone district, duplex structures are
permitted. By comparison, duplex structures are prohibited in
the County. Residents at the meeting indicated they were
strongly opposed to zoning which would enable new duplex units to
be built because the area is a single-family neighborhood and the
addition of duplexes would change the character of the area.
Other differences between the City and County R-15 zone districts
include: floor area ratio calculations, setbacks, height, parking
requirements and conditional uses (see Table 1). Dwelling units
and basement FAR are defined differently in the City and County
Codes. In addition, the 8040 Greenline would apply to some
properties in the area in a different way than does the 1041
County environmental hazard review.
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Table 1
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A Comparison of Area & Bulk Requirements in Pitkin County's
R-15 Zone with the City of Aspen's R-15A Zone
Area & Bulk Reauirements
Minimum Lot Size
Minimum Lot Area Per Dwelling
Minimum Lot Width
Minimum Front Yard
Dwell ings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Minimum Side Yard
Dwellings & Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Minimum Rear Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Maximum Height
Minimum Distance Between Principal
Building & Accessory Building
Percent of Open Space for
Building site
External Floor Area Ratio
Internal Floor Area Ratio
Off-Street Parking
Residential Uses
Other Uses
City of Aspen Pitkin County
R-15A Zone R-15 Zone
15,000 15,000
10,000 15,000
75' 75'
25' 30'
30' 30'
30' 3D'
5' 5'
10' 5'
10' 10'
5' 5'
20' 10'
25' 28'
10' No Requirement
No Requirement No Requirement
Sliding Scale .16
No Requirement No Requirement
One per bedroom 2
Conditional Special Review
Use Review
Source: Aspen/Pitkin Planning Office, May 1987
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Based upon comments from residents, staff proposes enactment of a
new zone district entitled R-15B. As you begin to address the
issues analyzed in this memorandum it will become evident to you
as it has become evident to the Staff that the City Council needs
to provide the Staff and property owners in annexation areas some
basic policy direction regarding the following questions.
o To what extent should the City of Aspen create zoning
changes which are custom made for individual annexation
areas?
o Should code amendments which are designed to address
specific problems of annexation areas be initiated now
are addressed as part of the City code rewrite?
Based upon our work session last week, it is the staff recom-
mendation that you utilize the following guidelines relating to
"Development Potential within Existing, Subdivided, Generally,
Built Out Areas" to assist you during the zoning process.
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1) Guideline
Apply zoning to annexed areas which generally maitains
the same development rights within the City as within
unincorporated areas.
2) Guideline
Strive to avoid zoning designations which make conform-
ing land ukses and structures non-conforming.
3) Guideline
Consider, when appropriate, creating new land use zone
districts or special code amendments which may also be
applied on a City-wide bases to addresss specific
problems but avoid creating custom land use legislation
to address isolated, special interest problems.
4) Guideline
When creating new land use legislation for annexation
areas, the city should consider the effects of the new
legislation on the remainder of the City of Aspen.
With these overriding policy considerations in mind,
issues relating to the differences between the County
district and the proposed R-15B zone district are
below.
specific
R-15 zone
addressed
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1. Floor Area Ratio Calculations: Maximum FAR in the County R-
15 zone districts is .16, while the City uses a sliding
scale. For the purpose of comparison, a house on a 15,000
square foot lot may not exceed 2,400 square feet in the
County. In the City a house on a 15,000 square foot lot may
not exceed 4,500 square feet. Numerous residents expressed
concern that the City FAR allowance is too great for this
mountainous suburban area, and the character of the area
would be negatively affected if the city FAR limitations
were used.
Residents have suggested several options, including to use:
(a) County .16 FAR, (b) .20 FAR, (c) .21 FAR, (d) .21 FAR
for lots up to 17,000 square feet and the sliding scale for
lot area above 17,000 sq. ft. and (e) .7 of the sliding
scale.
Table 1 presents FAR's using suggested methods of calculati-
on:
Table 2
Floor Area Ratio Comparison
Lot Area(s.f.) FAR Calculations (s. f.)
.7x
City City
Sliding Sliding
.16 .20 .21 .21* Scale Scale
15,000 2,400 3,000 3,150 3,150 4,500 3,150
17,000 2,720 3,400 3,570 3,570 4,620 3,234
20,000 3,200 4,000 4,200 3,975 4,800 3,360
40,000 6,400 8,000 8,400 4,950 6,000 4,200
* .21 FAR up to 17,000 sq.ft., 6 sq.ft. of
floor area for each additional 100 sq. ft.
in lot area
Source: Aspen/Pitkin Planning Office, May 1987
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It has been noted that the current .16 FAR may be too
restrictive because some houses built prior to County bulk
regulations are non-conforming and it may be desirable to
remove their non-conforming status. In addition, owners may
wish to add on to their small conforming structures slightly
exceeding the current FAR limitation.
As you can see, there is a minor difference between the
maximum floor area under .20 FAR and .21 FAR when building
on a 15,000 sq. ft. lot. Both allow for a moderate sized
expansion from the existing .16 FAR (600 to 750 square feet)
while under the City's sliding scale a much larger structure
can be built. The residents and P&Z should determine
whether .20 or .21 FAR is better suited for the area.
The concept of a sliding scale calculation for lots over
17,000 sq. ft. in area seems to have merit, as it would
preclude the building of houses much greater in size than
existing houses in the neighborhood which would be conse-
quently be out of scale. We note that most subdivision lots
are around 17,000 sq. ft., however, there are a few unsub-
divided parcels, very large lots and contiguous undeveloped
lots where much larger houses could be built. The FAR
established by multiplying .7 by the City sliding scale
accomplishes a similar calculation as alternative (d). It
may be easier to administer. staff supports the .7 multi-
plier sliding scale measurement. The P&Z also supported
this approach, but felt that perhaps a .72 or a .73 multi-
plier might be more acceptable to the property owners in the
annexation area.
2. Allowance of Duplexes: A key concept of the R-15B zone
district is to allow for the continuation of the single-
family nature of the neighborhoods annexed into the City and
to prohibit duplexes. This concept has received strong
support from residents because it is believed that the
character of the area would be threatened by added density,
including the serviceability of narrow roads winding up the
hill.
At the May 19th meeting, it was pointed out that there are
three (3) duplexes in Eastwood that were legally built prior
to County regulations. These duplexes are fairly small
structures located on lots 6, 9 and 10. Under the County R-
15 zoning, these uses are non-conforming and cannot be
expanded. If made non-conforming uses in the City, these
structures can still not be expanded without receiving
variances. Options of dealing with these properties
include:
1) Create a special provision in the non-conforming
section of the Code "grandfathering" in these struct-
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ures to allow for expansion without need of a variance;
2)
Zone the 3 properties R-15A, which would allow for them
to be made conforming duplexesl;
Continue the single-family restriction.
3)
Option 1 entails creation of another detailed special
provision in the non-conformities section of the Code,
already generally acknowledged to be the most convolu-
ted and confusing part of our zoning code. Certainly, the
interest of code simplification is not served. This option
is more attractive than Option 2 from the point of view that
it would relieve the owners of the duplexes form their non-
conforming status, while not giving them FAR allowances
above their neighbors under the proposed R-15B zoning.
However, it is questionable if further modification of the
non-conformities section of the Code is in the general
interest of the neighborhood or the City. staff can prepare
an amendment to Section 24-13.4, Non-Conforming Uses,
accomplishing this exemption if the P&Z and/or City Council
desire to pursue this alternative.
Zoning the duplexes R-15A would constitute "spot zoning" of
three separate parcels. Problems with this approach include
creating a discrepancy in development rights from neighbor-
ing properties otherwise similar in character and exposure
to legal challenge. Please note that the City initially
considered zoning the entire area R-15A, making these
properties conforming while adding development rights to
many single-family residences. However, when neighbors
requested continuation of the single-family character of the
area, it was agreed that such limitation is desirable. The
Planning Office and City Attorney's Office recommend against
this approach.
Option 3 would not improve nor worsen the status of duplex
use currently under the County Code. To expand, the owner
of a duplex would have the burden of demonstrating hardship
to the Board of Adjustment to receive a variance. It should
be noted that the City has no abatement policy regarding
non-conforming uses or structures. Furthermore, in the case
of removal or destruction, a duplex can be repaired or
replaced wi thin two years of the loss. Perhaps the main
advantage of non-conforming duplex status in the City over
the County is the ready ability to condominiumize the units.
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Within the R-15A legally created duplexes constructed
prior to the application of R-15A zoning may remain as
free market duplexes.
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The Planning Office and the majority of the P&Z favors
Option 3 because an increased burden is not added to the
duplex properties, and R-15B zoning appears to be the most
desirable and reasonable for the general area. The other
options open the City to legal challenge for spot zoning, or
entail further complication of a Code section that we want
to simplify.
3. Setbacks, Height, and Off-Street Parking Requirements: The
general concept of the R-15B area and bulk requirements is
to establish parameters consistent with the County require-
ments, as are acceptable to residents. Some residents have
said they prefer the County R-15 30' front yard setback for
dwellings (City front-yard setbacks is 25'), 5' side yard
setback for dwelling (City side yard setbacks is 10') and
maximum height of 28' (City height is 25'). Staff supports
continuing the County area standards in the R-15B zone
district, thereby not making structures non-conforming.
However, we cannot support maintaining the County 28' height
limit and instead propose a 25' height limit. The City
limitation was a major consideration in the development of
the City's Floor Area Ratios. A different height limit for
the R-15B would be inconsistent with all City residential
zone districts and previous City policy. In the case of
front yard setbacks, the 30' minimum requirement would not
allow new structures or additions to be built out of sync
with neighboring homes. Off-street parking requirements in
the County are two spaces; we propose for the R-15B zone, 1
space/bedroom or 2 spaces, whichever is less.
The P&Z supported the Staff's recommendation regarding
dimensional requirements with the exception of the proposed
height limitation. The P&Z recommends a height limit of 28
feet rather than 25 feet.
4. Conditional Uses: Conditional uses in all City residen-
tial zone districts are: open use recreation site; pUblic
school; church; hospital; public administration building;
day care center; museum and satellite dish antennae. The
County R-15 zone districts treat these uses in a variety of
ways: Church (on at least 2 acres with 30 ' setbacks),
hospital, day care center, and satellite dish antennae are
special reviews. A pUblic school is allowed by right (on at
least 1d acres with 3D' setbacks). Private schools, public
administration building, and museum are prohibited. In
additio~, the County allows junk yards, guest ranch,
community center and farm buildings by special review.
Residents questioned if any of the conditional uses are
appropriate in the subject annexation area. Allowing no
conditional uses in the R-15B zone district is an option
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that should be considered.
staff notes that there are similarities between the City
conditional uses and the County special review uses both of
which are allowed only after P&Z reviews impacts and grants
approval. The entire purpose of the respective reviews is
to ensure that a conditional use is appropriate in the
requested location, determined on a case-by-case basis.
Furthermore, it should be noted that the City's annexation
policy is to pursue annexing other County subdivisions on
the periphery of the City. The R-15B zone district may be
appropriate for other annexed lands; and, for the sake of
simplicity, we should try to keep the list of additional
zone districts no longer than it needs to be. staff
supports maintaining the current City conditional uses in
the R-15B zone district. We question whether the special
reviews allowed by the County R-15 have been problem-
atic in the annexation area and we suggest that the City
conditional uses will be no more troublesome for these
neighborhoods.
5. Dwelling Unit Definition: A resident attorney expressed fear
that the dwelling unit definition in the Municipal Code
could be interpreted so that some multi-level houses in the
annexed area are considered duplexes. Section 24-3.1 (g)
defines a dwelling unit as "one or more rooms, in addition
to a kitchen and/or bath facilities, intended or designed
for occupancy by a family or guests independent of other
families or guests." For example, a finished basement
containing a bedroom, bathroom, and Sliding glass door might
be considered a separate "dwelling unit". The County
definition does not contain the inclusion of a bath.
The Planning Office, Zoning Officials, and Code Simplifica-
tion Task Force have identified the dwelling unit definition
to be a difficult issue of interpretation, given the breadth
of design options of a residence. It is also generally
recognized that this definition has broad implications for
the entire City. Staff believes that the only appropriate
way to deal with the issue is through the Code Simplifica-
tion process. This process is a major effort on the part of
the City and interested citizens to come to grips with some
long-term problems with the Code; and it is anticipated to
be completed in the fall, 1987.
The P&Z does not concur with the timing associated with the
Staff recommendation. The P&Z recommends that the dwelling
unit definition be addressed now rather than as part of the
code Simplification/rewrite.
6. Basement FAR: "Subgrade" space 100% below existing grade is
presently excluded from the City'S FAR calculation, as
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defined in Section 24-3.1(ee). In the County Code, all
subgrade space is included in FAR. Consequently, a house
with an FAR excluding subgrade spaCe may be larger than a
house with the same FAR that includes the subgrade area.
Residents of this annexation area have stated they want to
limit the size of houses to only allow minor expansions over
the present FAR. An option for consideration is to set FAR
at .16, and then through the change in definition of
subgrade space those structures with 100% below grade areas
would then have added floor area available. However, we
expect that because of the hillside terrain, the great
majority of structures do not have basements 100% below
grade; rather, most are split levels opening up to a lower
level down the hill. Therefore, this change in definition
would effect few residents; and it is most appropriate to
establish the FAR that works for the majority of homeowners,
as discussed above.
The City is working on changes to our complicated FAR
definition as part of the code simplification effort. Staff
anticipates that a definition more similar to the County's,
including all habitable space within the structure, will be
considered. If such a definition is adopted next fall, the
confusion for annexed areas will be eliminated.
7. 8040 Greenline Review: The 8040 elevation line runs through
the bottom part of the sUbj ect annexation area. As a
result, the entire area north of Highway 82 appears to be
subject to the 8040 Greenline Review. Since Greenline
Review applies to development within fifty (50) yards of the
8040 elevation, it is quite certain that the whole area is
subject to this review. At the neighborhood meeting,
residents expressed concern that the 8040 Greenline Review
may be largely inappropriate for this area. The following
issues arose:
1) The area is an old subdivision and largely built out.
Few environmental issues are likely to be associated
with new development activities.
2) One of the key issues prompting 8040 review was the
elevation of the water tank so to assure reliable
service to residents. This is not applicable because
the water tank serving this area is above the 8300 I
elevation.
3) The one-step (P&Z) review process may be an unnecessary
hassle for minor additions.
4) Development activities are currently only subject to
Planning Director approval through County 1041 regula-
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tions.
A number of options are available to deal with this problem,
including:
1)
Change the elevation for Greenline Review in this
subjecting only the top part of the Aspen
Subdivision to the review process (perhaps
elevation) .
area,
Grove
8140
2)
Exempt all
subdivisions
date.
development from
annexed into the
Greenline
ci ty after
Review in
a certain
3)
Restructure Greenline Review
Planning Director approval
activities.
procedures to allow for
of minor development
All of these options require amending Section 24-6.2
pertaining to the 8040 Greenline Review. As part of the
Code simplification process, amendments are forthcoming that
would undoubtedly remedy this problem. The main question is
when new regulations will be in effect. The city's approach
to code amendments through code simplification is to
undertake .one comprehensive rewrite and to avoid making
numerous minor amendments in the interim which may only
muddle the Code further. Therefore, we are not prepared to
amend Section 24-6.2 as part of this annexation effort. We
note that the third option listed above, creating a Planning
Director minor development review procedure, is being
developed at this time to address a more general problem.
Within a few months it should be in effect. Staff recom-
mends that this approach be used to address the problem in
the Aspen Grove, Eastwood, Knollwood annexation area.
It is our intention to modify 8040 Greenline Review similar
to the manner in which the County recently amended the 1041
review. The basic concept will be to create a provision for
staff approval of 8040 applications with insignificant
impacts. Minor 1041 applications in the County now take
approximately one week to approve. We intend to establish
criteria to determine when a review can be just a staff
sign-off.
The P&Z recommendation differs from the Staff recommendat-
ion regarding this issue. The P&Z recommends that a higher
elevation line than the 8040 Greenline be utilized as the
basis for Greenline reviews on the east side of Aspen and
that the legislation to establish this new elevation line be
created now rather than as part of the code rewrite.
ADVISORY COMMITTEE RECOMMENDATION:
The P&Z recommends approval
11
,'-"
.~
of the ordinance creating the R-15B zone on first reading and the
application of the zone to the annexation area. However the P&Z
recommends that the height limit for the zone be 28 feet and that
the following code amendments also be initiated immediately,
rather than as part of the code rewrite, to address the concerns
of the property owners
1. Revisions to the City definition of a dwelling unit.
2. Revisions to the code procedures regarding the 8040
Greenline review to establish a higher elevation line for
the east side of Aspen.
The P&Z made this recommendation regarding new code amendments
despite the staff's advise that code amendments be incorporated
within the Code simplification/rewrite. The P&Z felt code
amendments were important enough that they should be initiated
immediately.
PLANNING OFFICE RECOMMENDATION:
approval on first reading of :
The Planing Office recommends
1) Ordinance
zone district.
series of 1987 establishing the R-15B
2) Ordinance series of 1987 zoning the Aspen Grove/Ea-
stwood/Knollwood annexation area R~15B.
PROPOSED MOTION:
"I move to read and approve on first reading Ordinances
and Series of 1987"
CITY MANAGER'S
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RECOMMENDATION:
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Table 3
MOderate-Density Residential (R-15B)
Purpose, Permitted Uses, Conditional Uses
Purpose: The purpose of the Moderate-Density Residential (R-15B)
Zone District is to provide areas for residential purposes with
customary accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included
as conditional uses. Lands in the MOderate-Density Residential
(R-15B) Zone District are similarly situated to those in the
MOderate-Density Residential (R-15) and (r-15A) Zone Districts
but are those in which single-family structures are a permitted
use and duplexes are prohibited.
Permitted Uses. The following uses are permitted as of right in
the MOderate-Density Residential (R-15B) Zone District.
1) Detached residential dwelling;
2) Farm and garden buildings and uses, provided that all
such buildings and storage areas are located at least
one hundred (100') feet from pre-existing dwellings on
other lots;
3) Home occupations;
4) Group homes; and
5) Accessory buildings and uses.
Conditional Uses: The following uses are permitted as conditional
uses in the MOderate-Density Residential (R-15B) Zone District,
subject to the standards and procedures established in Art. 6,
Div. 3.
1) Open use recreation site;
2) Public school;
3) Church;
4) Hospital;
5) Public administration building;
6) Day care center;
7) Museum; and
8) Satellite dish antennae.
Source: Aspen/Pitkin Planning Office, May, 1987.
13
1""'\ ,-,.
Table 4
Area and Bulk and Off-Street Parking Requirement
in the R-15B zone
Area and Bulk Reauirements
Minimum Lot size (sq.f.t)
Minimum Lot Area Per Dwelling Unit
(sq. ft.)
Minimum Lot Width
Minimum Front Yard
Dwellings
Accessory Buildings
All buildings except dwellings
and accessory buildings
Minimum Side Yard
Dwellings & Accessory Buildings
All Buildings Except Dwellings
and accessory buildings
Minimum Rear Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Maximum Height
Minimum Distance Between Principal
Building & Accessory Building
Percent of Open Space for
Building site
External Floor Area Ratio
Internal Floor Area Ratio
Off-Street Parking
Residential Uses
SB.ANNEXATION
14
City of Aspen
Proposed
R.,.15B Zone
15,000
15,000
75'
30'
30'
30'
5'
5'
10'
5'
10'
25'
No Requirement
No Requirement
.7 multiplier times
the City sliding
scale
No Requirement
One space per bedroom
or 2 spaces whichever
is less
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MEMORANDUM
TO:
Aspen Planning and zoning Commission
FROM:
Glenn Horn, Assistant Planning Director
steve Burstein, Planning Office
RE:
Creation of R-15B Zone District and zoning of.Annexed
Areas: Aspen Grove, Eastwood, Starodoj and Knollwood
DATE:
June 2, 1987
----------------------------------------------------------------
----------------------------------------------------------------
BACKGROUND: The Aspen City Council has initiated annexation
proceedings to annex the Aspen Grove, starodoj and Knollwood
Subdivisions (see Map 1). Although City council has sole author-
ity for annexation discussion, the Aspen Planning and Zoning
commission is required by the Municipal Code to reco~end zoning
of the annexed area.
A public meeting was held on May 19, 1987 to discuss proposed
zoning. The objectives for zoning the area are:
1) To not substantially change development rights (either to
increase or decrease) from that allowed under the current
county zoning regulations;
2) To avoid creating non-conforming uses or structures through
the change in jurisdiction and the jurisdiction's regula-
tions;
3) To arrive at zoning that satisfies the residents regard-
ing problems that were not addressed under County regula-
tions, such as through removal of certain non-conformities;
4) To create a zone which may be applicable to other annexa-
tion areas; and
5) To insure consistency with the Comprehensive Plan.
DESCRIPTION OF AREA: This annexation area consists of approxi-
mately 79.3 acres, directly east of Aspen's city limits. Most of
the area is north of Highway 82 on the rolling mountainous
terrain of the south side of Smuggler Mountain, between 8,000'
and 8,400 I elevation. Block 4 of the Knollwood Subdivision is
south of Highway 82 and borders the Roaring Fork River.
~.
,..-,-,
There are approximately 114 parcels within the four subdivisions.
Approximately 27 lots are undeveloped. Buildout of the area
consists of some 84 single-family houses and three duplexes. The
subdivisions were approved by the Pitkin County Board of County
commissioners between 1963 and 1971.
The Roaring Fork East Neighborhood Master Plan of the Aspen Area
Comprehensive Plan designates the future land use of the entire
annexation area "Low Density Residential" (LOR), described as
follows: "A designation recommended for existing residential
subdivisions which may be suitable for additional development
based upon an analysis of land use characteristics and. the
ability of the community to provide services. Principal uses
include clustered single-family dwellings. The density of Low
Density Residential development will vary from three units per
acre to one unit per two acres depending upon the land's unique
site characteristics and compatibility with surrounding areas."
PROBLEM DISCUSSION: The current Pitkin County zoning of the
entire area is R-15 Residential. When the City originally met
with residents in the annexation area, the planning Office staff
mentioned that the preliminary zoning recommendation was R-15A.
within the R-15A zone district, duplex structures are permitted.
By comparison, duplex structures are prohibited in the County.
Residents at the meeting indicated they were strongly opposed to
zoning which would enable new duplex units to be built because
the area is a single-family neighborhood and the addition of
duplexes would change the character of the area.
Other differences between the city and County R-15 zone districts
include: floor area ratio calculations, setbacks, height, parking
requirements and conditional uses (see Table 1). Dwelling units
and basement FAR are defined differently in the City and County
Codes. In addition, the 8040 Greenline and stream Margin Review
would apply to some properties in the area in a different way
than does the 1041 County environmental hazard review.
2
,,-.-
Table 1
,,-.-.,
A Comparison of Area & Bulk Requirements in Pitkin County's
R-15 Zone with the City of Aspen's R-15A Zone
Area & Bulk Reauirements
Minimum Lot Size
Minimum Lot Area Per Dwelling
Minimum Lot width
Minimum Front Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Minimum Side Yard
Dwellings & Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Minimum Rear Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Maximum Height
Minimum Distance Between Principal
Building & Accessory Building
Percent of Open Space for
Building site
External Floor Area Ratio
Internal Floor Area Ratio
Off-Street Parking
Residential Uses
other Uses
city of Aspen
R-15A Zone
Pitkin County
R-15 Zone
15,000 15,000
10,000 15,000
75' 75'
25' 30'
30' 30'
30' 30'
5' 5'
10' 5 '
10' 10'
5' 5'
20' 10'
25' 28'
10' No Requirement
No Requirement No Requirement
Sliding Scale .16
No Requirement No Requirement
One per bedroom 2
Conditional Special Review
Use Review
Source: Aspen/Pitkin Planning Office, May 1987
3
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r~
Based upon comments from residents, staff proposes enactment of a
new zone district entitled R-15B. Discussed below are options
for dealing with each area of difference between the City and
County code:
1. Floor Area Ratio Calculations: Maximum FAR in the County R-
15 zone districts is .16, while the City uses a sliding
scale. For the purpose of comparison, a house on a 15,000
square foot lot may not exceed 2,400 square feet in the
County. In the city a house on a 15,000 square foot lot may
not exceed 4,500 square feet. Numerous residents expressed
concern that the city FAR allowance is too great for this
mountainous suburban area, and the character of the .area
would be negatively affected if the City FAR limitations
were used.
Residents have suggested several options, including to use:
(a) County .16 FAR, (b) .20 FAR, (c) .21 FAR, (d) .21 FAR
for lots up to 17,000 square feet and the sliding scale for
lot area above 17,000 sq. ft. and (e) .7 of the sliding
scale.
The following table gives FAR's using suggested methods of
calculation:
Table 2
Floor Area Ratio Comparison
Lot Area(s.f.) FAR Calculations (s. f.)
.7x
City City
Sl.iding Sliding
.16 .20 .21 .21* Scale Scale
15,000 2,400 3,000 3,150 3,150 4,500 3,150
17,000 2,720 3,400 3,570 3,570 4,620 3,234
20,000 3,200 4,000 4,200 3,975 4,800 3,360
40,000 6,400 8,000 8,400 4,950 6,000 4,200
* .21 FAR up to 17,000 sq.ft., 6 sq.ft. of
floor area for each additional 100 sq. ft.
in lot area
Source: Aspen/Pitkin Planning Office, May 1987
4
"",.-,
"",.-,
It has been noted that the current .16 FAR may be too
restrictive because some houses built prior to County bulk
regulations are non-conforming and it may be desirable to
remove their non-conforming status. In addition, owners may
wish to add on to their small conforming structures slightly
exceeding the current FAR limitation.
As you can see, there is a minor difference between the
maximum floor area under .20 FAR and .21 FAR when building
on a 15,000 sq. ft. lot. Both allow for a moderate sized
expansion from the existing .16 FAR (600 to 750 square feet)
while under the city's sliding scale a much larger structure
can be built. The residents and P&Z should determine
whether .20 or .21 FAR is better suited for the area.
The concept of a sliding scale calculation for lots over
17,000 sq. ft.. in area seems to have merit, as it would
preclude the building of houses much greater in size than
existing houses in the neighborhood which would be conse-
quently be out of scale. We note that most subdivision lots
are around 17,000 sq. ft., however, there are a few unsub-
divided parcels, very large lots and contiguous undeveloped
lots where much larger houses could be built. The FAR
established by multiplying .7 by the city sliding scale
accomplishes a similar calculation as alternative (d). It
may be easier to administer. staff supports the .7 multi-
plier sliding scale measurement.
2. Allowance of Duplexes: A key concept of the R-15B zone
district is to allow for the continuation of the single-
family nature of the neighborhoods annexed into the city and
to prohibit duplexes. This concept has received strong
support from residents because it is believed that the
character of the area would be threatened by added density,
including the serviceability of narrow roads winding up the
hill.
At the May 19th meeting, it was pointed out that there are
three (3) duplexes in Eastwood that were legally built prior
to County regulations. These duplexes are fairly small
structures located on lots 6, 9 and 10. Under the County R-
15 zoning, these uses are non-conforming and cannot be
expanded. If made non-conforming uses in the City, these
structures can still not be expanded without receiving
variances. options of dealing with these properties
include:
1)
Create
section
ures to
a special prov~s~on in the non-conforming
of the Code "grand fathering" in these struct-
allow for expansion without need of a variance;
5
,-.-
~
2)
Zone the 3 properties R-15A, which would allow for them
to be made conforming duplexesl;
continue the single-family restriction.
3)
option 1 entails creation of another detailed special
prov~s~on in the non-conformities section of the Code,
already generally acknowledged to be the most convolu-
ted and confusing part of our zoning code. Certainly, the
interest of code simplification is not served. This option
is more attractive than option 2 from the point of view that
it would relieve the owners of the duplexes form their non-
conforming status, while not giving them FAR allowances
above their neighbors under the proposed R-15B zoning:
However, it is questionable if further modification of the
non-conformities section of the Code is in the general
interest of the neighborhood or the city. staff can prepare
an amendment to Section 24-13.4, Non-Conforming Uses,
accomplishing this exemption if the P&Z and/or City Council
desire to pursue this alternative.
zoning the duplexes R-15A would constitute "spot zoning" of
three separate parcels. Problems with this approach include
creating a discrepancy in development rights from neighbor-
ing properties otherwise similar in character and exposure
to legal challenge. Please note that the city initially
considered zoning the entire area R-15A, making these
properties conforming while adding development rights to
many single-family residences. However, when neighbors
requested continuation of the single-family character of the
area, it was agreed that such limitation is desirable. The
Planning Office and city Attorney's Office recommend against
this approach.
option 3 would not improve nor worsen the status of duplex
use currently under the County Code. To expand, the owner
of a duplex would have the burden of demonstrating hardship
to the Board of Adjustment to receive a variance. It should
be noted that the City has no abatement policy regarding
non-conforming uses or structures. Furthermore, in the case
of removal or destruction, a duplex can be repaired or
replaced within two years of the loss. Perhaps the main
advantage of non-conforming duplex status in the City over
the County is the ready ability to condominiumize the units.
The planning Office favors option 3 for reasons that no
burden is added to the duplex properties, and R-15B zoning
1
within the R-15A legally created duplexes constructed
prior to the application of R-15A zoning may remain as
free market duplexes.
6
~.
r----"
appears to be the most desirable and reasonable for the
general area. The other options open the city to lagal
challenge for spot zoning, or entail further complication of
a Code section that we want to simplify.
3. Setbacks, Height, and Off-Street Parking Requirements: The
general concept of the R-15B area and bulk requirements is
to establish parameters consistent with the county require-
ments, as are acceptable to residents. Some residents have
said they prefer the County R-15 30' front yard setback for
dwellings (City front-yard setbacks is 25'), 5' side. yard
setback for dwelling (City side yard setbacks is 10') and
maximum height of 28' (City height is 25'). Staff supports
continuing the County area standards in the R-15B zone
district, thereby not making structures non-conforming.
However, we cannot support maintaining the County 28' height
limit and instead propose a 25' height limit. The City
limitation was a major consideration in the development of
the city's Floor Area Ratios. A different height limit for
the R-15B would be inconsistent with all city residential
zone districts and previous city policy. In the case of
front yard setbacks, the 30' minimum requirement would not
allow new structures or additions to be built out of sync
with neighboring homes. Off-street parking requirements in
the County are two spaces; we propose for the R-15B zone, 1
space/bedroom or 2 spaces, whichever is less.
4. Conditional Uses: Conditional uses in all City residen-
tial zone districts are: open use recreation site; public
school; church; hospital; public administration building;
day care center; museum and satellite dish antennae. The
County R-15 zone districts treat these uses in a variety of
ways: Church (on at least 2 acres with 30' setbacks),
hospital, day care center, and satellite dish antennae are
special reviews. A public school is allowed by right (on at
least 10 acres with 30' setbacks). Private schools, public
administration building, and museum are prohibited. In
addition, the County allows junk yards, guest ranch,
community center and farm buildings by special review.
Residents questioned if any of the conditional uses are
appropriate in the subject annexation area. Allowing no
conditional uses in the R-15B zone district is an option
that should be considered.
Staff notes that there are similarities between the city
conditional uses and the County special review uses both of
which are allowed only after P&Z reviews impacts and grants
approval. The entire purpose of the respective reviews is
to ensure that a conditional use is appropriate in the
requested location, determined on a case-by-case basis.
Furthermore, it should be noted that the City's annexation
7
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--,
policy is to pursue annexing other County subdivisions on
the periphery of the city. The R-15B zone district may be
appropriate for other annexed lands; and, for the sake of
simplicity, we should try to keep the list of additional
zone districts no longer than it needs to be. staff
supports maintaining the current city conditional uses in
the R-15B zone district. We question whether the special
reviews allowed by the County R-15 have been problem-
atic in the annexation area and we suggest that the city
conditional uses will be no more troublesome for these
neighborhoods.
5. Dwelling unit Definition: A resident attorney expressed fear
that the dwelling unit definition in the Municipal Code
could be interpreted so that some multi-level houses in the
annexed area are considered duplexes. Section 24-3.1 (g)
defines a dwelling unit as "one or more rooms, in addition
to a kitchen and/or bath facilities, intended or designed
for occupancy by a family or guests independent of other
families or guests." For example, a finished basement
containing a bedroom, bathroom, and sliding glass door might
be considered a separate "dwelling unit". The County
definition does not contain the inclusion of a bath.
The Planning Office, zoning Officials, and Code simplifica-
tion Task Force have identified the dwelling unit definition
to be a difficult issue of interpretation, given the breadth
of design options of a residence. It is also generally
recognized that this definition has broad implications for
the entire City. Staff believes that the only appropriate
way to deal with the issue is through the Code Simplifica-
tion process. This process is a major effort on the part of
the City and interested citizens to come to grips with some
long-term problems with the Code; and it is anticipated .to
be completed in the fall, 1987.
6. Basement FAR: "Subgrade" space 100% below existing grade is
presently excluded from the city's FAR calculation, as
defined in section 24-3.1 (ee) . In the County Code, all
subgrade space is included in FAR. Consequently, a house
wi th an FAR excluding subgrade space may be larger than a
house with the same FAR that includes the subgrade area.
Residents of this annexation area have stated they want to
limit the size of houses to only allow minor expansions over
the present FAR. An option for consideration is to set FAR
at .16, and then through the change in definition of
subgrade space those structures with 100% below grade areas
would then have added floor area available. However, we
expect that because of the hillside terrain, the great
majority of structures do not have basements 100% below
grade; rather, most are split levels opening up to a lower
level down the hill. Therefore, this change in definition
8
...-" -
.--.
--..
would effect few residents;
establish the FAR that works
as discussed above.
and it is most appropriate to
for the majority of homeowners,
The City is working on changes to our complicated FAR
definition as part of the code simplification effort. staff
anticipates that a definition more similar to the County's,
including all habitable space within the structure, will be
considered. If such a definition is adopted next fall, the
confusion for annexed areas will be eliminated.
7. 8040 Greenline Review and stream Margin Review: The 8040
elevation line runs through the bottom part of the subject
annexation area. As a result, the entire area north of
Highway 82 appears to be subject to the 8040 Greenline
Review. since Greenline Review applies to development
within fifty (50) yards of the 8040 elevation, it is quite
certain that the whole area is subject to this review.
Block 4 of Knollwood SUbdivision, south of Highway 82, would
be subject to the Stream Margin Review. At the neighborhood
meeting, residents expressed concern that the 8040 Greenline
Review may be largely inappropriate for this area. The
following issues arose:
1) The area is an old subdivision and largely built out.
Few environmental issues are likely to be associated
with new development activities.
2) One of the key issues prompting 8040 review was the
elevation of the water tank so to assure reliable
service to residents. This is not applicable because
the water tank serving this area is above the 8300 I
elevation.
3) The one-step (P&Z) review process may be an unnecessary
hassle for minor additions.
4) Development activities are currently only subject to
Planning Director approval through County 1041 regula-
tions.
A number of options are available to deal with this problem,
including:
1)
Change the elevation for Greenline Review in this
subjecting only the top part of the Aspen
Subdivision to the review process (perhaps
elevation).
area,
Grove
8140
2)
Exempt all
subdivisions
date.
development from
annexed into the
Greenline
city after
Review in
a certain
9
~.
,.....-..
3)
Restructure Greenline Review
Planning Director approval
activities.
procedures to allow for
of minor development
All of these options require amending section 24-6.2
pertaining to the 8040 Greenline Review. As part of the
Code simplification process, amendments are forthcoming that
would undoubtedly remedy this problem. The main question is
when new regulations will be in effect. The City's approach
to code amendments through code simplification is to
undertake one comprehensive rewrite and to avoid making
numerous minor amendments in the interim which may only
muddle the. Code further. Therefore, we are not prepared to
amend section 24-6.2 as part of this annexation effort. We
note that the third option listed above, creating a Planning
Director minor development review procedure, is being
developed at this time to address a more general problem.
within a few months it should be in effect. Staff recom-
mends that this approach be used to address the problem in
the Aspen Grove, Eastwood, Knollwood annexation area.
It is our intention to modify 8040 Greenline Review similar
to the manner in which the County recently amended the 1041
review. The basic concept will be to create a provision for
staff approval of 8040 applications with insignificant
impacts. Minor 1041 applications in the County now take
approximately one week to approve. We intend to establish
criteria to determine when a review can be just a staff
sign-off.
PLANNING OFFICE RECOMMENDATION: Staff recommends the Planning
and Zoning commission to recommend approval of city Council of:
(a) the creation of the R-15B zone district as specified below in
Tables 3 and 4 and (b) zoning the Aspen Grove, Eastwood, Knoll-
wood Annexation Area to the R-15B zone district.
10
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Table 3
Moderate-Density Residential (R-15B)
Purpose, Permitted Uses, Conditional Uses
Purpose: The purpose of the MOderate-Density Residential (R-15B)
Zone District is to provide areas for residential purposes with
customary accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included
as conditional uses. Lands in the MOderate-Density Residential
(R-15B) Zone District are similarly situated to those in the
MOderate-Density Residential (R-15) and (r-15A) Zone Districts
but are those in which single-family structures are a permitted
use and duplexes are prohibited.
Permitted Uses. The following uses are permitted as of right in
the MOderate-Density Residential (R-15B) Zone District.
1) Detached residential dwelling;
2) Farm and garden buildings and uses, provided that all
such buildings and storage areas are located at least
one hundred (100') feet from pre-existing dwellings on
other lots;
3) Home occupations;
4) Group homes; and
5) Accessory buildings and uses.
Conditional Uses: The following uses are permitted as conditional
uses in the MOderate-Density Residential (R-15B) Zone District,
subject to the standards and procedures established in Art. 6,
Div. 3,
1) Open use recreation site;
2) Public school;
3) Church;
4) Hospital;
5) Public administration building;
6) Day care center;
7) Museum; and
8) Satellite dish antennae.
Source: Aspen/Pitkin Planning Office, May, 1987.
11
,--,
,.--,
Table 4
Area and Bulk and Off-Street Parking Requirement
in the R-15B zone
Area and Bulk Reauirements
City of Aspen
Proposed
R-15B Zone
Minimum Lot size (sq.f.t)
15,000
Minimum Lot Area Per Dwelling unit
(sq. ft.)
15,000
Minimum Lot Width
75'
Minimum Front Yard
Dwellings
Accessory Buildings
All buildings except dwellings
and accessory buildings
30'
30'
30'
Minimum side Yard
Dwellings & Accessory Buildings
All Buildings Except Dwellings
and accessory buildings
5'
5'
Minimum Rear Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Maximum Height
10'
5'
10'
25'
Minimum Distance Between Principal
Building & Accessory Building
No Requirement
Percent of Open Space for
Building site
No Requirement
External Floor Area Ratio
.7 multiplier times
the City sliding
scale
Internal Floor Area Ratio
No Requirement
Off-Street Parking
Residential Uses
One space per bedroom
or 2 spaces whichever
is less
Source: Aspen/Pitkin Planning Office, May, 1987
SB.ANNEXATION
12
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81611
1041 MINOR HAZARD REVIEW PROCEDURE
Dear Property Owner,
If you own a parcel of land in Pitkin County and would like to
build a single family or duplex house, or if you would like to
add an addition of more than 30% of your existing structure, then
continue reading. Pitkin County has adopted state regulations
that give the County the authority to review and approve develop-
ment within "AREAS OF STATE AND LOCAL INTEREST", These regula-
tions are commonly referred to as 1041 regulations and include
the review of development in the following locations:
GEOLOGIC HAZARD AREAS
FLOODPLAIN HAZARD AREAS
WILDLIFE HAZARD AREAS
WILDFIRE HAZARD AREAS
The Planning Office and the Zoning Official have copies of maps
that provide for an initial determination of whether your
property is affected by any of these hazards. You should go to
.either office to request help in determining where your property
is located on the maps.
If the Planning Office or the Zoning official determines that
your parcel is totally outside of any hazard area you can stop
reading right now and request a building permit. However, if
your parcel has a hazard somewhere on the property (as shown by
the 1041 Hazard Maps) but your proposed development area is to be
located outside the hazard area then please submit the informa-
tion as listed below at the time of filing your building permit
or prior thereto:
1. NAME;
2. PROOF OF OWNERSHIP (i.e. deed or title report);
3. LEGAL DESCRIPTION OF SUBJECT PARCEL;
- 4. GENERAL DESCRIPTION OF THE LOCATION OF THE PARCEL;
5. 24" X 36" MYLAR COPY AND BLUEPRINT OF IMPROVEMENTS
SURVEY (CONTAINING THE FOLLOWING:) (SEE ATTACHED MODEL)
~
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A. SHOW THE BOUNDARY OF THE PARCEL ON A LEGAL SURVEY
THAT IS NOT OVER ONE YEAR OLD;
B. THE.PROPOSED BUILDING ENVELOPE AND ACCESS ROAD;
C. THE LEGAL DESCRIPTION OF THE SUBJECT PARCEL;
D. THE NAME OF THE OWNER;
E. WAIVER AS SHOWN; AND
F. SIGNATURES BLOCK AS SHOWN;
6. $50.00 REVIEW FEE.
Once all of the above information and the review fee has been
submitted an employee of the Planning or Building Office will
then go out and take a look at your property (within 7 working
days). After we've looked at your property and made a determina-
tion that your development area is outside of a hazard area you
need to come by the office and pick up your mylar map, make two
blueprint copies and take them to the Pitkin County Clerk and
Recorder's Office. At the clerks office, you should record the
mylar and have the clerk stamp both blue prints to evidence that
the mylar has been recorded. Bring one copy of the blue print to
the Building Department or Planning Office and keep the other
copy for your records.
If you have any questions about what you need to submit give one
of us a call.
PLANNING OFFICE 925-2020
Cindy Houben
Francis Krizmanich
ZONING OFFICIAL 925-5973
Peggy Seeger
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__FROM THE DESK OF
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Sandy :Johnston
1'.~~:,~;~;:por,~~~,;~~?~o.id,OaIl';': ToX"" 75266-'0429
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May 19, 1987
Glenn Horn
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Dear Mr. Horn:
I am a resident of Aspen Grove Subdivision; my
being 0452 McSkimming Rd. I have reviewed
homeowners of the neighborhoods proposed for
4/30/87 and I would like to go on record with my
property address
your letter to
annexation dated
response.
I think it is a mistake to confine the search for a zoning
classification from one that already exists, ie. R-15A, if some
of the provisions of this classification are inappropriate for
the neighborhood. This is a "suburban" neighborhood, and R-15A
is more appropriate for an urban neighborhood. Specifically, I
am strongly opposed to duplex structures in the Aspen Grove
subdivision. You apparently are addressing this problem by the
creation of a new zone, R-15B. In the process, however, a new
problem arises.
I strongly believe that
City of Aspen formula
new R-15B zone district
by establishing a criteria to adopt the
for R-15 Area & Bulk Requirements for the
is an obvious mistake.
Many of the home-sites in Aspen Grove Subdivision are
approximately one-third (1/3) acre in size. For the sake of this
letter I will base my position on a 15,000 sf lot. Under the
current County R-15 zone the maximum size of a structure could be
2,400 sf. By virtue of annexation (which I strongly support),
and the adoption of the City R-15 formula, the maximum size of a
structure could be 4,500 sf, an increase of eighty seven and one
half percent (87 1/2%). This is absurd.
I think the current FAR of .16 is reasonable...maybe a bit low.
A fair, equitable and appropriate increase of up to .20 would
make sense and win my support. Under this proposal the maximum
size of a structure on a 15,000 sf lot would be 3,000 sf, an
increase of twenty five percent (25%), which is plenty, and in my
opinion quite suitable for the neighborhood.
I urge the Planning Office to reconsider the proposed density for
this new city zone of R-15B. It deserves its own standards; its
own formula. The subdivision proposed for annexation are neither
urban or rural. Their suburban character deserves special
consideration as it pertains to FAR.
Sincerely,
Donald J. Fleisher
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CERTIFICATE OF MAILING
I, hereby certfty that on this /<j-I-h day of -yw ~
1981- , a true and correct copy of the attached N ice of Public
Hearing was deposited in the United States mail, first-class
postage prepaid, to the adjacent property owners ap indicated on
the attached list of adjacent property owners which was supplied
to the Planning Office by the applicant in regard to the case
_ed on the public notio
c
Nancy
..:.J'Ct.
r;- ~.
(', .,-,
PUBLIC NOTICE
RE: ASPEN GROVE/EASTWOOD/KNOLLWOOD MUNICIPAL ANNEXATION
INITIAL ZONING
NOTICE IS HEREBY GIVEN that a pUblic hearing will be held on
Tuesday, June 2, 1987 at a meeting to being at 5:00 P.M. before
the Aspen Planning and Zoning Commission in City Council Cham-
bers, 130 S. Galena street, Aspen, Colorado to consider the
Aspen/Pitkin Planning Office's initial zoning proposal of R-15B
for the Aspen Grove/Eastwood/Knollwood Annexation area. The
annexation area is generally located to the east of the existing
City limits and north of SH 82 comprised of lands of Aspen Grove,
Eastwood and Starodoj subdivision also part of the Knollwood
Subdiv-3.sion with tracts of land located in the Highland Placer
u.s. Mineral Survey No. G120 AM and Riverside Placer, U.S.
Mineral Survey No. 3905 AM.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena street, Aspen, Co 81611 (303) 925-2020,
ext. 298.
sIC. Welton Anderson
Chairman, Aspen Planning
and Zoning Commission
================================================================
Published in the Aspen Times on Lj.jo-r1
City of Aspen Account.
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J. NICHOLAS MCGRATH. P.C.
ATTORNEY AT LAW
600 EAST HOPKINS AVENUE
SUITE 203
ASPEN, COLORADO 81611
AREA CODe 303
TELEPHONE 925-2612
May 12, 1987
Mr. Glenn Horn
Assistant Planning Director
Aspen/Pitkin County Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Zone R-15B, Aspen Grove, etc.
Dear Glenn:
Here are my initial thoughts on the new zone:
1. FAR. While I think the County FAR of .16 in the
R-15 zone applicable to Aspen Grove (and I think
Eastwood, Knollwood, and Starodoj} is too restric-
tive, I think your proposed R-15B zone FAR allows
for much too large a house. Ignoring the sliding
scale, your proposal increases the FAR from .16
significantly. That is, on an ordinary 15,000
square foot lot, your proposal would allow a house
of 4,500 square feet and the existing County FAR
permits a size of 2,400 square feet. You have
taken the existing City formula at page 1454 of the
Code, which I think is not designed for more rural-
like subdivisions such as Aspen Grove. Perhaps a
simple FAR of .21 for lots of up to 18,000 square
feet and .18 for lots over 18,000 square feet,
would be more appropriate.
2. Facts and Lot Survey. It would be helpful in
establishing a new zone to know with regard to each
of the four subdivisions how many total lots in
each, how many built-upon lots and how many vacant
lots, the variation in size and average size of
lots, and whether any, and if so how many, lots in
each subdivision have legal duplexes. This would
be helpful for example in establishing the FAR. It
seems to me inappropriate to encourage the building
of houses double the size of the houses in these
older subdivisions if in fact all have been almost
completely built out at a lesser size and density.
3. Uses. The group home use of right in these older
subdivisions that aare primarily long term, local
families in single-family homes is inappropriate.
.
};...
".,..-...
~
J. NICHOLAS MCGRATH, P.C.
ATTORNEY AT lAW
Mr. Glenn Horn
May 12, 1987
Page 2
There are no group homes now, and I see no reason
to allow them as a permitted use, or as a condi-
tional use. This is not an employee housing area.
This is an area of stable, long term families and
it would devalue property values and the experience
of living in these older subdivisions by having
group homes, many cars, inadequate parking, and the
like. By the way, on-street parking is illegal at
least in Aspen Grove and should remain so. Simi-
larly, conditional uses 2 through 8 ought to be
eliminated. There certainly is not a call for a
school, church, or hospital or public administra-
tion building or a museum in this area of older
subdivisions that are primarily single-family. You
probably took existing uses from the County Code,
R-15, page 51, but there is no need to continue
prior errors, or text uses not designed for the
actual subdivision at issue. I would not like to
see satellite dish antennae proliferated in the
area. Cable exists in these subdivisions unlike
Castle Creek, and thus there is little reason for a
satellite dish, although I am not necessarily
opposed to that use if administered properly as a
conditional use. With regard to a day care center,
while I as a parent of two young children going to
day care certainly want to encourage day care
schools, I do not see any reason to have them in a
primarily single-family home area because of the
increased traffic, parking, etc. A day care center
near my house would reduce its value significantly.
4. Your handling of duplexes could cause problems.
Perhaps duplexes ought to be made legal, not just
non-conforming. But those should be true duplexes.
We should not encourage making further duplexes out
of single family homes because these subdivisions
are clearly almost entirely single family. However,
the City's definition, City Code 24-3.1(f) and (g)
is poor, and more restrictive than the County's
(compare County Code Section 20-1, page 226). Many
homes have downstairs with separate entrances (you
need for safety reasons and perhaps for building
code reasons as well), and a separate bath--if Bill
Drueding considers that a "duplex" under 24-
3.1(g), then the definition needs changing.
.
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J. NICHOLAS MCGRATH. P.C.
ATTORNEY AT LAW
Mr. Glenn Horn
May 12, 1987
Page 3
5. I would leave the existing thirty-foot front yard
setback. If you change the setback to twenty-five
feet and increase the FAR, you may give Stanford
everything she built in violation of the County
Code, which is presently in litigation after she
was denied a variance.
I would be happy to meet with you to discuss these
concerns.
Thank you.
Sincerely,
.
~
J. Nicholas McGrath, P.C.
JNM:jc:13.aspgrove507.ltr
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Aspen/Pitkin Planning Office
130 S. Galena street
Aspen, Colorado 81611
April 30, 1987
Dear Aspen Grove, Knollwood, Eastwood and
Starodoj Subdivision Property Owners:
As you know, the City of Aspen has initiated annexation proceed-
ings to annex your subdivision. When a pUblic meeting of the
property owners in the subdivisions was held the proposed zoning
for the annexation area was an issue of concern. Specifically,
residents expressed concern about the City's R-15A zone which had
been suggested for the area, because R-15A zoning permits the
construction of duplex structures. Property owners in attendance
at the meeting expressed a desire to preclude the possibility of
property owners constructing duplexes in predominantly single-
family subdivision following City annexation.
In response to these comments, the Aspen/Pitkin Planning Office
has prepared a proposal for the creation of a new zone district,
R-15B, to be applied to the Aspen Grove, Eastwood, Knollwood and
Starodoj Subdivision. The proposed R-15B zone district will
preclude duplex dwelling units. Existing duplex structures may
continue to exist as legal non-conforming structures. Legal non-
conforming uses are prohibited from increasing in size. Present-
ly, according to County R-15 zoning, all duplexes within the
subdivisions are non-conforming uses.
In developing the proposed R-15B zone district, the Planning
staff has attempted to avoid creating any instances in which
existing single-family structures will fail to meet the city's
Area & Bulk Requirements. To accomplish this goal, we compared
the County R-15 Area & Bulk Requirements with the City's R-15
Area & Bulk Requirements. In every instance in which the City's
R-15 zone Area & Bulk Requirements were more restrictive than the
County R-15 zone requirements, the County R-15 zone requirements
have been incorporated into the proposed R-15B zone district.
Attachment 1 compares the existing County R-15 zone Area & Bulk
Requirements with the proposed City R-15B zone Area & Bulk
Requirements.
Floor Area Ratio (FAR) is known as the relationship between the
total square footage of a residential unit and the total square
footage of a lot. According to the County land use regulations
the maximum floor area of a residential structure in the R-15
Zone is .16. This means that the total floor area of a house on
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Aspen Grove, Knollwood, Eastwood
and Starodoj SUbdivision Property
April 30, 1987
Page 2
Owners
a 15,000 square foot lot may not exceed 2,400 square feet (.16 x
15,000 = 2,400). Within the city of Aspen maximum floor area is
determined by a sliding scale which varies depending upon
individual lot sizes. As a general rule, the City's FAR's are
more permissible except for very large lots. Attachment 2
presents the city methodology for calculating maximum floor area
and an example of a calculation for a 15,100 square foot lot.
Attachment 3 contains a proposal for the "purpose", "permitted
uses" and "conditional uses" in the R-15B zone district.
Please review the attached proposals and contact Glenn Horn at
925-2020 ext. 298 if you have any questions or suggestions. A
public meeting with the Planning staff is scheduled for Tuesday,
May 19th, at 7:00 P.M. in city Council Chambers, 130 S. Galena to
discuss the possible need for refinements to the proposed zoning.
On June 2, 1987 the Aspen Planning and Zoning Commission will
hold a pUblic hearing to consider the zoning proposal. It is the
City of Aspen's desire that any problems with the proposed zoning
may be resolved prior to the public hearing at the meeting in
May.
Thank you very much.
Sincerely,
~~
Glenn Horn AICP
Assistant Planning Director
GH/ds
Enclosures: Attachment 1
Attachment 2
Attachment 3
gh.annex
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Attachment 1
~.
A Comparison of Area & Bulk Requirements in Pitkin County's
R-15 Zone with the City of Aspen's Proposed R-15B Zone
Area & Bulk Reauirements
Minimum Lot Size
Minimum Lot Area Per Dwelling
Minimum Lot Width
Minimum Front Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Minimum Side Yard
Dwellings & Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Minimum Rear Yard
Dwellings
Accessory Buildings
All Buildings Except Dwellings
and Accessory Buildings
Maximum Height
Minimum Distance Between Principal
Building & Accessory Building
City of Aspen
Proposed
R-15B Zone
Pitkin County
Existing
R-15 Zone
15,000 15,000
15,000 15,000
75' 75'
25' 30'
30' 30'
30' 30'
5' 5'
5' 5'
10' 10'
5' 5'
10' 10'
28' 28'
No Requirement No Requirement
Percent of Open Space for
Building site
External Floor Area Ratio
No Requirement No Requirement
Internal Floor Area Ratio
*Sliding Scale .16
No Requirement No Requirement
Off-street Parking
Residential Uses
One per bedroom 2
or 2 whichever
is less
All Other Uses
Special Review Special Review
* Please refer to Attachment 2 for explanation of sliding scale.
Source: Aspen/Pitkin Planning Office, April 23, 1987
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Attachment 2
City of Aspen Formula for Calculating Maximum
Floor Area for Single-Family Residential structures
Lot size
Standard
Allowable
Sauare Feet
0-3,000
80 s.f. of floor area for each
additional 100 s.f. in lot area
0-2,400
3,001-9,000
28 s.f. of floor area for each
additional 100 s.f. in lot area
2,400-4,080
9,001-15,000
7 s.f. of floor area for each
additional 100 s.f. in lot area
4,080-4,500
15,001-50,000
6 s.f. of floor area for each
additional 100 s.f. in lot area
4,500-6,500
50,000+
2 s.f. of floor area for each
additional 100 s.f. in lot area
6,500+
Example:
1. Assume 15,100 s.f. of lot area
2. The house may be 4,500 s.f. for the first 15,000 s.f.
of lot area.
3. To calculate the additional remaining floor area, the
following calculation is done:
15,100 s.f. - 15,000 s.f. = 100 s.f.
100 s.f. / 100 s.f. = 1
1 x 6 s.f. = 6 s.f.
4,500 s.f. + 6 s.f. = 4,506 s.f.
Maximum Floor area = 4,506 s.f.
Source: Aspen/Pitkin Planning Office
April 30, 1987
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Attachment 3
Moderate-Density Residential (R-15B)
Purpose, Permitted Uses, Conditional Uses
Purpose. The purpose of the Moderate-Density Residential (R-15B)
Zone District is to provide areas for residential purposes with
customary accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included
as conditional uses. Lands in the MOderate-Density Residential
(R-15B) Zone District are similarly situated to those in the
MOderate-Density Residential (R-15) Zone District and are lands
annexed from Pitkin County from Zone Districts in which single-
family structures are a permitted use and duplexes are prohibit-
ed.
Permitted Uses. The following uses are permitted as of right in
the MOderate-Density Residential (R-15B) Zone District.
1. Detached residential dwelling;
2. Farm and garden buildings and uses, provided that all
such buildings and storage areas are located at
least one hundred (100 ') feet from pre-existing
dwellings on other lots;
3. Home occupations;
4. Group homes; and
5. Accessory buildings and uses.
Conditional Uses. The following uses are permitted as condition-
al uses in the MOderate-Density Residential (R-15B) Zone Dis-
trict, subject to the standards and procedures established in
Art.6, Div. 3.
1. Open use recreation site;
2. Public School;
3. Church;
4. Hospital;
5. Public administration building;
6. Day care center;
7 . Museum; and
8. Satellite dish antennae.
Source: Aspen/Pitkin Planning Office
April 30, 1987
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PUBLIC NOTICE
RE: ASPEN GROVE/EASTWOOD/KNOLLWOOD MUNICIPAL ANNEXATION
INITIAL ZONING
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, June 2, 1987 at a meeting to being at 5:00 P.M. before
the Aspen Planning and Zoning Commission in City Council Cham-
bers, 130 S. Galena street, Aspen, Colorado to consider the
Aspen/Pi tkin Planning Office's initial zoning proposal of R-15B
for the Aspen Grove/Eastwood/Knollwood Annexation area. The
annexation area is generally located to the east of the existing
City limits and north of SH 82 comprised of lands of Aspen Grove,
Eastwood and Starodoj subdivision also part of the Knollwood
SUbdivision with tracts of land located in the Highland Placer
U.S. Mineral Survey No. G120 AM and Riverside Placer, U.S.
Mineral Survey No. 3905 AM. .
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, Co 81611 (303) 925-2020,
ext. 298.
sIC. Welton Anderson
Chairman, Aspen Planning
and Zoning Commission
================================================================
PUblished in the Aspen Times on Lj-3o-r1
city of Aspen Account.
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INDENTURE OF TRUST OF
EDITH R. STERN 7/6/53 .
C/OHORNING STAR COMPA~Y
POST OFFICE BOX 11180
ASPEN, COLORADO
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INVESTORS GROUP OF FLORrDA,
C. H. BELL, PRESIDENT
720 EAST HYMAN AVENUE
ASPEN, COLORADO
INC.
71 104097
81612
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