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Home My WebLink Aboutcoa.lu.ca.Front Yard Setback Eastwood Dr McSkimming Rd.0004.2005FRONT YARD SETBACK - EASTWOOD nD LArCVIXA&AlMr. On nnn. IIN5 1p 4' C 0 -16i L' ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE J ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ) SS. Countv of Pitkin ) I, \1 0 ( L ILA 0 `= lij (-J) r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements_ of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 9% Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, . waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (K) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) PUBLIC NOTICE RE: CITY OF ' EN LAND USE CODE AMEND- MENT - SETBACKS IN THE MODERATE DENSITY RESIDENTIAL. (R-15B) ZONE DISTRICTS FOR SEC- TIONS OF EASTWO OD DRIVE AND MCSKIMMING ROAD (AKA -SKI IMING LANE-) NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 9, 2006 at a meeting to begin at 5:00 p.m. before the As• pen City Council, Council Chambers, City Half, 130 S. Galena St., Aspen, to consider amendments to Section 26.710.070(D)(4), Moderate Density Residential (R-I5B) front yard setback require- ments of the Aspen Municipal Code. The change Is specific to lots located between Eastwood Drive and Highway 82 and to lots located on the portion of McSkimming Road known as Skimming Lane. For further information, contact Sarah Oates at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 429- 2767, saraho®ci.aspen.co.us. s/Helen K. Klanderud, Mayor Aspen City Council Published ir. - Aspen Times Weekly on Decem- ber 25, 2005. ,3'311) CPAXLP Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing.on such amendments. ature The foregoing "Affidavit of Notice" was acknowledged before me this 7 day of _ e(iLn) X r , 2005 , by JomeS I i Rdt WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 0.2,9• 001 Notary Public C)TA ?q0 ATTACHMENTS: N� °• `O` G o0 COPY OF THE PUBLICATION Ntyr Commissicq L::; 1 cos 22/2212009 PHOTOGRAPH OF THE POSTED NOTICE (SIGN) w LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL THE CITY OFASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0004.2005.ASZO EASTWOOD DRIVE TODD GRANGE/SARA OATES CODE AMENDMENT SARA OATES 6/24/2006 CLOSED BY Angela Scorey on 03/25/2009 �..._.......... File L,dit Eecord lUlavigate Fgrm Repots Format lab Help t1odule Help char'; - Londtions Sub Pe mils Valuation Public Comment Attachments Main Routing Status ( ArchiEng i Parcels Custom Fields Fees Fee Summary Actions I Routing Elisioty a.. Remrr Tygre aszoii4 _jAspen Zoning 200d Perry # 0004.2t ASZ0 � Address OZERO —..--.. ----- - � ._J Apt/S Ae ,v Co ASPEN � State rUZip 181611 Perrnt2lnfoumatuxm•-.................... Master Permit Routing Queue ,i Wl Applied 106/29/2005 Project; Status ,pending Apptovad Description EASTVVOOD DR CODE AMENDMENT Issued Final r . S.b.ded FSARAH OATES 429.2767 Gook Run tng Days f Exptes C612d/20 r— 'Visible on the web? Perm ID: 3M Last Name CITY OFASPEN _J Fiat Na 130 5 C,ALENA ST PEN CO $1611 Phone (970) 920.5000 ,. ... i'�et the � .. ..:. _. .,...._.._ .__... .�....._ ._ ..,,,, .... ..... .... ... city of the permit address .ve Record: 8 of 19 P. 1 * x * JOURNAL ( JUN. 28. 2005 6:06PM ) * * * { TRANSMISSION ) DATE TIME ADDRESS ------------------------------------ JUN.23. 3:44PM 919705241377--1600 JUN.24. 9:46AM TOWN OF CARBONDALE 9:52AM RENO SMITH ARCHITECT 12:06PM CCY ARCHITECTS 1:06PM 9709252791 1:51PM 9705448303 3:41PM BLAND NESBIT JUN.27. 10:OOAM 970 923 9514 1:40PM 99257769 4:21PM 7885569 JUN.28. 11:00AM 970 927 8006 11:16AM 3037300573 2:58PM 3037300573 6:04PM 970 925 8659 FAX HEADER 1: COMMUNITY DEVELOPMENT FAX HEADER 2: MODE TIME PAGE RESULT USER NAME G3ESM 0'17" P. 1 OK 2536 G3ESM 1'20" P. 7 OK 2546 G3ESM 0- 14" P. 1 OK 2548 03ESM 0' 19" P. 1 OK 2551 G3ESM 0' 28" P. 1 OK 2552 03ESM 0' 20" P. 1 OK 2553 G3ESM 0'20" P. 2 OK 2555 G3ESM 0'29" P. 1 OK 2563 G3ESM 0'37" P. 1 OK 2572 G3ESM 0'50" P. 3 OK 2574 G3ESM 0'54" P. 1 OK 2581 G3ESM 0'32" P. 1 OK 2583 G3ESM 0'26" P. 1 OK 2586 G3ESM 1 ' 32" P. 5 OK 2590 RECEPTION ) DATE TIME ADDRESS MODE JUN.23. 2:39PM BLUEGREEN LLC G3ES 3:03PM Glenwood Insurance A G3ED 3:22PM 970 925 6035 G3ED 4:32PM 9704681208 G3ES 4:45PM 719 226 5015 G3ED 5:10PM 970 544 9758 G3ES 5:53PM 9709234875 G3ES JUN.24. 9:24AM 970 928 8785 G3ED 9:50AM 2053714363 G3ES 11:03AM 9709631337 G3S 11:51AM G3ES 2:42PM 9705444885 G3ES JUN.27. 5:14AM Via Fax G3ES 8:51AM REFI G3ES 9:10AM 9704681206 G3ES 9:12AM 303-444-4443 G3D 9:45AM 9707049486 G3S 9:53AM 970 920 7723 G3ED 10:38AM CALL NOW G3ES 11:10AM CALL NOW G3ES 11:14AM 970 923 9514 G3ES 11:43AM 9709636276 G3ES 12:12PM 7205630362 G3ES 12:22PM 9709255478 G3ES 3:50PM 9709842374 G3ES 4:40PM G3ES JUN.28. 3:48AM From Jefferson Cou G3ED 7:37AM 9705444885 G3ES 8:56AM PARKS DEPT G3ES 10:29AM 1_2H G3ES 10:55AM Travel Division G3ES 1:15PM 9709289333 G3ES 2:06PM Fax G3ES 3:18PM Pinnacol Assurance G3ED 3:25PM 9709638525 G3ES 4:09PM 970 920 5174 G3ES TX 0002956 # :BATCH C :CONFIDENTIAL M :MEMORY TX L :SEND LATER S :STANDARD D :DETAIL U :SUPER FINE X :EXTRA SUPER FINE * :LAN —FAX + :ROUTING TIME PAGE RESULT USER NAME FILE --------------------------------------------------- 0-22" P. 1 OK 2533 1 ' 48" P. 1 OK 2534 1 ' 09" P. 3 OK 2535 0' 31" P. 1 OK 2541 2' 03" P. 3 OK 2542 0' 56" P. 3 OK 2543 0' 19" P. 1 OK 2544 0' 54" P. 1 OK 2545 1'06" P. 6 OK 2547 0'49" P. 1 OK 2549 0' 31" P. 2 OK 2550 0 ' 2 1 " P. 2 OK 2554 1 ' 21" P. 1 OK 2557 0' 25" P. 1 OK 2558 0' 25" P. 2 OK 2559 1 ' 26" P. 1 OK 2560 1 ' 49" P. 3 OK 2561 0' 37" P. 1 OK 2562 0' 50" P. 1 E 2564 1 ' 30" P. 1 OK 2565 0' 34" P. 1 OK 2566 0' 31" P. 1 OK 2568 3' 08" P. 7 OK 2569 0' 38" P. 2 OK 2570 1 ' 59" P. 4 OK 2573 0-49" P. 1 OK 2575 1 - 07" P. 2 OK 2576 0'21" P. 2 OK 2577 0" 19" P. 1 OK 2578 0' 32" P. 1 OK 2579 0' 33" P. 1 OK 2580 0' 40" P. 2 OK 2584 0' 33" P. 1 E 2585 1 ' 14" P. 3 OK 2587 0' 29" P. 2 OK 2588 0" 19" P. 1 OK 2589 RX 0003632 $ :TRANSFER P :POLLING :FORWARDING E :ECM F :FINE O :300dpi b :COLOR !$:REMOTE TRANSFER Q :RECEPT. NOTICE REQ. A :RECEPT. NOTICE I $. MEMORANDUM TO: Aspen Planning and Zoning Commission ,,�AA THRU: Joyce Allgaier, Deputy Director FROM: Sarah Oates, Zoning Officer Sa RE: Code Amendment —Front Yard Setback for Eastwood Drive and McSkimming Rd. (aka Skimming Lane) DATE: November 1, 2005 SUMMARY: Community Development Staff is pursuing a code amendment to allow for a less restrictive setback requirement for properties located between Highway 82 and Eastwood Drive and for properties located on the portion of McSkimming Road known as Skimming Lane (a map of the affected properties is attached as Exhibit A of the attached resolution). The properties currently have a thirty (30) foot front yard setback requirement and this code amendment would allow for a ten (10) foot front yard setback. The proposed change is due to several factors, including topography of the lots, current built conditions, and language in the land use code that has created many non - conformities on these streets. APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: All lots in what is the R-15B zone district (Knollwood, Eastwood and Aspen Grove Subdivisions) are subject to a thirty (30) front yard setback. These subdivisions were annexed into the City in 1987 and at the time the Planning Department researched the existing conditions of each lot to make sure no non -conformities were m� being created. Separate conditions for the houses along Eastwood Road and Skimming Lane have created non -conformities for these lots. These conditions are outlined below: Eastwood Road: When Eastwood Subdivision was annexed Eastwood Road was a private road. Per regulations at the time, the setback was taken from the property line, which was located on the north/northeast side of the properties (see Exhibit C for an example). Eastwood Road changed from a private road to a public right-of-way in 1991. Since the road was dedicated the property line shifted thirty (30) feet from the north side of the Eastwood to the south side of Eastwood. This shift has created non -conformities along the street, several variance requests to Board of Adjustment and an undesirable development pattern which pushes the development to the steeper portion of the lots. • Skimming Lane: Skimming Lane is a portion of McSkimming Lane which is accessed from a private access easement thirty (30) feet wide that is split fifteen (15) feet on the east lots and fifteen (15) feet on the west lots (see Exhibit D for an example). The requirement for measuring setbacks from such easement is as follows: Required Yards Adjacent to Private Roads. All required yard setbacks under zone district regulations are based on distance measured from the right-of- way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under zone district regulations, plus an additional distance equal to one-half (112) of the right-of-way width as if such private way were dedicated for public use. In plain language, the code requires that the setback be taken from the edge of the road versus the property line. As with Eastwood Drive, this has created non - conformities and an undesirable development pattern by pushing the development into the steepest, undisturbed portion of the lots. Staff is proposing the setback be changed from thirty (30) feet to ten (10) feet for these lots so that re -development may occur in areas that have are already disturbed. RECOMMENDATION: Staff recommends that the Planning & Zoning Commission recommend approval to the City Council amending Section 26.710.070(D)(4) to allow for a ten (10) foot front yard setback for properties situated between Eastwood Drive and Highway 82 and for lots located on the northwest section of Skimming Lane as depicted in Exhibit A of Resolution No.�, Series of 2005. RECOMMENDED MOTION: "I move to approve Resolution NooSeries of 2005 amending Section 26.710.070(D)(4), Moderate Density Residential (R-15B), as proposed in the Exhibit A of said resolution." Attachments: Exhibit A: Map of Affected Properties Exhibit B: Review Standards Exhibit C: Survey of an Eastwood Road property Exhibit D: Survey of a Skimming Lane property RESOLUTION NO. (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4), SETBACK REQUIREMENTS FOR THE MODERATE DENSITY RESIDENTIAL (R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a duly -noticed public hearing, considered the recommendation of the Community Development Director and took public testimony for the Code Amendments cited above; and, WHEREAS, the Planning and Zoning Commission finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on November 1, 2005, the Planning and Zoning Commission recommended, by a _ to _ (_-_) vote, the City Council approve the amendments to Section 26.710.070(D)(4), setback requirements for the Moderate Density Residential (R-1513) zone district, as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.710.070(D)(4): Minimum front yard setback (feet): 30. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 10. The affected properties are shown in Exhibit A of this resolution. Section 2• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect 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 4• 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 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 November 1, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 2 I �•cr Do RAVE ° Q� 0 U \ W ASPEN GROVE lN. �I ''R F T T o h RIVERSID { IX ' # _ I E D \\ J •..// / WESTVIEWDR p r wwu,Z 3 ROARING FORKy R `� r x Ord �P %r _ o "�� EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendment proposed will not affect compatibility of existing land uses. The proposed amendment takes into account neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. 1 RESPONSE: These code amendment will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staffs goal is that the proposed change will create more compatibility within the neighborhood. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 2 a i got U l � � I I � I � � I V � � v O � o M tQ i 3JfN J � I I l EASTWJOp RD.q 4 �i , O. A✓) .� . 5TieEET E,N Thy G->+T6 GRAvC'(. PARK/ N& I i cov�ry� I - i WIMM I /r EX/ 5T1N5 TWV — eAA Ce-rvCRE 7-6 eA9kl,A 16 � � I I c� i I l I �xi5r'1NG I l l I ��1A GK i2 E SI,D�NGE I T kv A90 off. , A5PE I _1p-19 ! �- (� 3 A R Gii i TE GTS�NE/DI rf`. l`IOFFM4�N I i i p � x T � �s p n � r o�- -� o s � P LEGEND AND NOTES FOUND. SURVEY MONUMENT AS DESCRIBED A SPIKESURVEY CONTROL FIRE HYDRANT MANHOLE OVERHEAD UT I L i T I ES - STREET NAME UNKNOWN Acl RECORD SUBDIVISION PLAT LACKS MANY CALLS THEREFORE 0 CERTIANCALLS WERW SCALED, CALULATED OR ASSUMED. BEARINGS BASED OM FOUND MONUMENTS ON THE SOUTHEASTERLY_ BOUNDARY OF THIS LOT 5 55'33 36'W. O 4x4 POST a r z - { Ul tL ITV POLE OS ?� �� 0 82.� w SC T�\ EVERGREEN TREE Qi 80 TAG { G. a` / LOT 8SPIKE TOP ° ASPEN T.R£E. OF LOT PITK 19,0 18,6 71 Je a. 83' C ."P' 1/ 84, 9184 (p � '_�" ✓ � �, ab3.tifi- �, _ .� '� f ,i yl�x/ 1% ., �� ( i 2. / I 4 DEG O�ti Oi I . so t ' / / 7 9 HSE / PR 86 UPET RP.ERF.T PARKING / STEPS RET 78, Si 6E�r, 98. 101 T'i T ` HOUSE /. ��G 3 T TRET 7PP5 786TIPS / / 1 O t G' G Q+ s /f PS 1,103.. !STEP i s tL f89. STEPS \\ f+ y J $7 E\1 _ P WALK, �• i t / I 1 t S F S rl�� p. 107.E K �J 99 *lTBM 100- 7 h / U i June 9, 2005 Dear Homeowner: As you may have noticed there have been several recent variance requests for houses on the south side of Eastwood Drive that are unable to meet setback requirements. Following the 1987 annexation of the Eastwood Subdivisions, the City of Aspen dedicated Eastwood Drive as right of way so that the City could provide maintenance such a snow removal and road repair. When the property was annexed, the thirty (30) foot front yard setback was taken from the property line (which on most properties extends to the north of Eastwood Drive) and most parcels were able to conform to the setback requirements without seeking variances. When the road was dedicated, due to requirements in the City of Aspen Municipal Code, the setback shifted to the south edge of the right of way dedication, effectively moving the required setback approximately thirty (30) feet to the south, making many of the existing houses along Eastwood Drive non -conforming. City staff is contemplating perusing a code amendment that would allow for a less restrictive setback requirement, perhaps ten (10) feet, for affected lots along Eastwood Drive and would like to get feedback from those property owners. Please give me a call (429-2767) or email me (sarahogci. aspen. co.us) if you have comments, concerns or any additional ideas. Regards, Sarah Oates, Zoning Officer City of Aspen PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMENDMENT — SETBACKS IN THE MODERATE DENSITY RESIDENTIAL (R-15B) ZONE DISTRICTS FOR SECTIONS OF EASTWOOD DRIVE AND MCSKIMMING ROAD (AKA "SKIMMING LANE") NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 1, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.710.070(D)(4), Moderate Density Residential (R-15B) front yard setback requirements 'of the Aspen Municipal Code. The change is specific to lots located between Eastwood Drive and Highway 82 and to lots located on the portion of McSkimming Road known as Skimming Lane. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2767, saraho@ci.aspen.co.us. s/Jasmines Tygre, Chairperson Aspen Planning and Zoning Commission Published in the Aspen Times on October 15, 2005 City of Aspen Account lia Ail o m l L 1 ,� r ARDMORE CT M%NG Swan iALPINE CT\.f l r' C � ' 1 � � s 1 I�TITI_ 1 lkiSPEN'ROVE'LN - Mil �MFHL I Lul Il ` F ♦ r ■,Iwo 3 WESTVIEW DR' LEM ROARING FORK OR — AL c v_srK LA __ AT .✓� ! �"`- E .. t`�na �,a� �Q\C\� rC r +�y�'•{ �'u�,m �� ,� ."�........._...! Q - ` t ^" - fi � ;' � �,+ � .�� \h sig MI r 46 a o �. a .: tit ASPEN GROVELN .�.._ e m t� �•� � ��' � ' �'i \ \°�'� � t � � E ,� e J � d i, E,�,..1,....�'__� .` ° � . jY° i t'�`� � ~ I ��+ '`�~ .i lfr� ~' i Z' n d •'f '` r�, 1,>'"' L- .�. -J ...iLI-.i._ LLLti$,i IN Al3.x J i-0 WESTVIEW DR pr' \\;'a j t t t ow a `F + i ! r • ''e ! .TARING F " ^ -1 / "\,, e tp jURKD � �. _ '.CRYSTAL : Ot .. -. i s z � ,,,.� {yam.-'+rt,. � t , . e /}}�� 7-\ jIJQ\r'�`", i$R i`i ...•- s \ PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMENDMENT — SETBACKS IN THE MODERATE DENSITY RESIDENTIAL (R-15B) ZONE DISTRICTS FOR SECTIONS OF EASTWOOD DRIVE AND MCSKIMMING ROAD (AKA "SKIMMING LANE") NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 9, 2006 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.710.070(D)(4), Moderate Density Residential (R-1513) front yard setback requirements of the Aspen Municipal Code. The change is specific to lots located between Eastwood Drive and Highway 82 and to lots located on the portion of McSkimming Road known as Skimming Lane. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429- 2765, saraho@ci.aspen.co.us. s/Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on December 24, 2005 City of Aspen Account MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director lol) FROM: Sarah Oates, Zoning Officer RE: Code Amendment —Front Yard Setback for Eastwood Drive and McSkimming Rd. (aka Skimming Lane) I" Reading of Ordinance No.5, Series of 2005 DATE: December 12, 2005 SUMMARY: Community Development Staff is pursuing a code amendment to allow for a less restrictive setback requirement for properties located between Highway 82 and Eastwood Drive and for properties located on the portion of McSkimming Road known as Skimming Lane (a map of the affected properties is attached as Exhibit A of the attached resolution). The properties currently have a thirty (30) foot front yard setback requirement and this code amendment would allow for a ten (10) foot front yard setback. The proposed change is due to several factors, including topography of the lots, current built conditions, and language in the land use code that has created many non - conformities on these streets. APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: All lots in what is the R-15B zone district (Knollwood, Eastwood and Aspen Grove Subdivisions) are subject to a thirty (30) front yard setback. These subdivisions were annexed into the City in 1987 and at the time the Planning Department researched the existing conditions of each lot to make sure no non -conformities were being created. Separate conditions for the houses along Eastwood Road and Skimming Lane have created non -conformities for these lots. These conditions are outlined below: Eastwood Road: When Eastwood Subdivision was annexed Eastwood Road was a private road. Per regulations at the time, the setback was taken from the property line, which was located on the north/northeast side of the properties (see Exhibit C for an example). Eastwood Road changed from a private road to a public right-of-way in 1991. Since the road was dedicated the property line shifted thirty (30) feet, from the north side of the Eastwood to the south side of Eastwood. This shift has created non -conformities along the street, several variance requests to Board of Adjustment and an undesirable development pattern which pushes the development to the steeper portion of the lots. Skimming Lane: Skimming Lane is a portion of McSkimming Lane which is accessed from a private access easement thirty (30) feet wide that is split fifteen (15) feet on the east lots and fifteen (15) feet on the west lots (see. Exhibit D for an example). The requirement for measuring setbacks from such easement is as follows: Required Yards Adjacent to Private Roads. All required yard setbacks under zone district regulations are based on distance measured from the right-of- way line of a dedicated'public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback .shall equal the distance specified under zone district regulations, plus an additional distance equal to one-half (112) of the right-of-way width as if such private way were dedicated for public use. In plain language, the code requires that the setback be taken from the edge of the road versus the property line. As with Eastwood Drive, this has created non - conformities and an undesirable development pattern by pushing the development into the steepest, undisturbed portion of the lots. Staff is proposing the setback be changed from thirty (30) feet to ten (10) feet for these lots so that re -development may occur in areas that have are already disturbed. The Planning and Zoning Commission added to conditions to their recommendation. First, due to the narrowness of Eastwood Road, staff is to review the proposed setback with the City Engineer, Streets Superintendent and the Fire Marshall to confirm adequacy of the existing right-of-way. Second, the Planning and Zoning Commission recommended the rear yard setback be established as thirty (30) feet for the lots on Eastwood Drive and Skimming Lane so that the building envelope does not increase for these lots. RECOMMENDATION: Staff recommends that the City Council approve a code amendment to Section 26.710.070(D)(4) & (6) to allow for a ten (10) foot front yard setback and a thirty (30) foot rear yard setback for properties situated between Eastwood Drive and Highway 82 and for lots located on the northwest section of Skimming Lane as depicted in Exhibit A of Ordinance No. _, Series of 2005. RECOMMENDED MOTION: "I move to approve Ordinance No._, Series of 2005, upon first reading." CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Map of Affected Properties Exhibit B: Review Standards ORDINANCE NO. _ (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4) & (6), FRONT AND REAR YARD SETBACKS FOR THE MODERATE DENSITY RESIDENTAL (R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on November 22, 2005, the Planning and Zoning Commission recommended by a three to one (3-1) vote, the City Council approve the amendments to Section 26.710.070(D)(4) & (6); and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony of code amendments to Section 26.410; and, WHEREAS, the City Council finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Communty Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.710.070(D)(4): Minimum front yard setback (feet): 30. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 10. Section 26.710.070(D)(6): Minimum rear yard setback (feet): 10. For properties located between Eastwood Drive and Highway 82 [Lots 6=19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 30. Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• . This Ordinance 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 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12th day of December 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 9t' Day of January 2006. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney Attachment: Map of affected properties Helen Kalin Klanderud, Mayor 2 2 Gym } �• N M 41 _/\jai hfr> r 1 • I l . f REG �--MASCOTTE 1 m;- KATHRYNS" WY 6 ' CT I�Dq�E iq t ARDMORE•. r ' ~,a J aw oopER AVE •fe f" o� a �%'�`' p 2 ` i m 7Q r ._ i Til a a a'Ir i 't 1 AR., N z r•.±.-,..ASPEN GROVE LN t Er uwM (' RIVERSIDE OR / f ' I i r !� 1 s,.}�* .r' # J`�► / I � WSTSNVIEEW�DR IX/I Ilk R QARjNG FORMR v.. 1G r CRYSTAL Jo , oP v- S. 9L j 4� . EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.310, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.310.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendment proposed will not affect compatibility of existing land uses. The proposed amendment takes into account neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an impact on infrastructure or infrastructure capacities. F Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendment will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staffs goal is that the proposed change will create more compatibility within the neighborhood. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 01 PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMENDMENT — SETBACKS IN THE MODERATE DENSITY RESIDENTIAL (R-15B) ZONE DISTRICTS FOR SECTIONS OF EASTWOOD DRIVE AND MCSKIMMING ROAD (AKA "SKIMMING LANE") NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 1, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.710.070(D)(4), Moderate Density Residential (R-15B) front yard setback requirements of the Aspen Municipal Code. The change is specific to lots located between Eastwood Drive and Highway 82 and to lots located on the portion of McSkimming Road known as Skimming Lane. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2767, saraho@ci.aspen.co.us. s/Jasmines Tygre, Chairperson Aspen Planning and Zoning Commission Published in the Aspen Times on October 15, 2005 City of Aspen Account ��S �, s us G�5 `-� � �,.� - laces / se�5 % )�-}-S � o-�.��u..! �� 3� �� S � - 1 � �� l, �. �.� -� 5 �->-- 3 � � a ,. Dan Martineau, 07:00 AM 6/- - - 005 -0700, Your 6/9/letter... Page 1 of 1 DomainKey-Signature: a=rsa-shal; q=dns; c=nofws; _ s=s1024; d=yahoo.com; h=Message-ID: Received: Date:From: Subject: To:Cc: MIME -Version: Content -Type: Content -Transfer -Encoding; b=MaggsuLGOSblpjnf VyvFy/HU4RtJhyvw3 FFnGiLRvTVuwR5HU4fXMBoxzIEyEvWZY5/i+ChmGxOEYnNVaWeASb97i Date: Wed, 29 Jun 2005 07:00:43 -0700 (PDT) From: Dan Martineau <djmartineau@yahoo.com> Subject: Your 6/9/letter... To: saraho@ci.aspen.co.us Cc: Dan Martineau <djmartineau@yahoo.com> X-Spam: [F=0.0001451514; B=0.500(0); BMI=0.500(none); S=0.010(2005051801); MH=0.500(2005062901); R=0.014 (s23/0621); SC=none; spf=0.500] X-MAIL-FROM: <djmartineau@yahoo.com> X-SOURCE-IP: [66.218.78.179] X-Brightmail-Tracker: AAAAAA== X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Hi Sarah, Thank you for your letter. I own one of the affected lots on Eastwood Drive (#64). I am in the process of remodelling my home, and recently decided against some changes I had wanted to make to the exterior of the home, primarily because of the restrictive set- backs and the time and expense that would have been involved in seeking a variance. The location of the road and the slope of the properties, make any kind of set -back off of the road extremely difficult to engineer and build, not to mention expensive. I fully support your efforts to make changes that will benefit other owners.... Very truly yours, Daniel Martineau Daniel James Martineau 26024 North 104th Way Scottsdale, Arizona 85255 Home - 480-563-5527 Printed for Sarah Oates <saraho@ci.aspen.co.us> 6/29/2005 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: S W (� � 4,0�q'XSpen, CO SCHEDULED PUBLIC HEARING DATE: �� /(�s 200 STATE OF COLORADO ) SS. County of Pitkin ) I, V (' 1 _-1 k_A(-' XT (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained froak the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch; in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in tion 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) da}� prior to the public hearing, notice was hand delivered or mailed by first class postage, prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners 'of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 4,�,nature The foregoing "Affidavit of Notice" was acknowledged b fore me i�-ay of , y WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public N is. OATL_ J F'OF..0 O� ATTACHMENTS: COPY OFTHEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL PUBLIC NOTICE RE. CnY OF ASPEN L4ND USE CODE AMEND_ ^NT — SETBACKS IN THE MODERATE DENSITY RESIDENTIAL, (R-158) ZONE DISTRICTS FOR SEC- TIONS OF EASTWOOD DRIVE AND MCSKIMMING ROAD (AKA SKIMMING LANE) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November I, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.710.070(D)(4), Moderate Density Residential (R-15B) front yard setback requirements of the Aspen Municipal Code. The change is specific to lots located between Eastwood Drive and High- way 82 and to lots located on the portion of McSkimming Road known as Slimming Lane. For further ontact Sarah Oates at the City of Asper, -' Partment, 130 S. Galena St �As Aspen, De- 2767, saraho®ci.aspeu.coLs. P CO, (970) 429- s/Jasmines Tygre, Chairperson Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on October 16, 2005. (3147) f/ AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, November 1, 2005 4:30 p.m. COUNCIL CHAMBERS, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES J III. DECLARATION OF CONFLICT OF INTEREST IV. PUBLIC HEARINGS: A. Holiday House, Conceptual PUD, Continued to 1/3-Jennifer Phelan B. Land Use Code Amendment (re. Eastwood/McSkimming Road) -Sarah Oates C. Land Use Code Amendments (Miscellaneous) -Jennifer Phelan V. BOARD REPORTS VI.. ADJOURN � �,0 � � (� � �� -�� s � �, �� 130 S. Galena St. Aspen CC 81611 '(970) 920-5090 (970) 920-5439 FAX www.aspenpitkin.com Fax To: (From: s A&VL&D Fax: Pages: Phone: JDate: Re: CC: � ❑ Urgent ❑ For Review . ❑ Please Comment ❑ Please Reply Cl Please Recycle • Comments: A TO: THRU: FROM: RE: Vitc.. MEMORANDUM Mayor Klanderud and City Council Chris Bendon, Community Development Director Sarah Oates, Zoning Officer Code Amendment —Front Yard Setback for Eastwood Drive and McSkimming Rd. (aka Skimmin Lane) 1" Reading of Ordinance No , Series of 2005 DATE: December 12, 2005 SUMMARY: Community Development Staff is pursuing a code amendment to allow for a less restrictive setback requirement for properties located between Highway 82 and Eastwood Drive and for properties located on the portion of McSkimming Road known as Skimming Lane (a map of the affected properties is attached as Exhibit A of the attached resolution). The properties currently have a thirty (30) foot front yard setback requirement and this code amendment would allow for a ten (10) foot front yard setback. The proposed change is due to several factors, including topography of the lots, current built conditions, and language in the land use code that has created many non - conformities on these streets. APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: All lots in what is the R-15B zone district (Knollwood, Eastwood and Aspen Grove Subdivisions) are subject to a thirty (30) front yard setback. These subdivisions were annexed into the City in 1987 and at the time the Planning Department researched the existing conditions of each lot to make sure no non -conformities were being created. Separate conditions for the houses along Eastwood Road and Skimming Lane have created non -conformities for these lots. These conditions are outlined below: • Eastwood Road: When Eastwood Subdivision was annexed Eastwood Road was a private road. Per regulations at the time, the setback was taken from the property line, which was located on the north/northeast side of the properties (see Exhibit C for an example). Eastwood Road changed from a private road to a public right-of-way in 1991. Since the road was dedicated the property line shifted thirty (30) feet, from the north side of the Eastwood to the south side of Eastwood. This shift has created non -conformities along the street, several variance requests to Board of Adjustment and an undesirable development pattern which pushes the development to the steeper portion of the lots. • Skimming Lane: Skimming Lane is a portion of McSkimming Lane which is accessed from a private access easement thirty (30) feet wide that is split fifteen (15) feet on the east lots and fifteen (15) feet on the west lots (see Exhibit D for an example). The requirement for measuring setbacks from such easement is as follows: Required Yards Adjacent to Private Roads. All required yard setbacks under zone district regulations are based on distance measured from the right-of- way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under zone district regulations, plus an additional distance equal to one-half (112) of the right-of-way width as if such private way were dedicated for public use. In plain language, the code requires that the setback be taken from the edge of the road versus the property line. As with Eastwood Drive, this has created non - conformities and an undesirable development pattern by pushing the development into the steepest, undisturbed portion of the lots. Staff is proposing the setback be changed from thirty (30) feet to ten (10) feet for these lots so that re -development may occur in areas that have are already disturbed. The Planning and Zoning Commission added to conditions to their recommendation. First, due to the narrowness of Eastwood Road, staff is to review the proposed setback with the City Engineer, Streets Superintendent and the Fire Marshall to confirm adequacy of the existing right-of-way. Second, the Planning and Zoning Commission recommended the rear yard setback be established as thirty (30) feet for the lots on Eastwood Drive and Skimming Lane so that the building envelope does not increase for these lots. RECOMMENDATION: Staff recommends that the City Council approve a code amendment to Section 26.710.070(D)(4) & (6) to allow for a ten (10) foot front yard setback and a thirty (30) foot rear yard setback for properties situated between Eastwood Drive and Highway 82 and for lots located on the northwest section of Skimming Lane as depicted in Exhibit A of Ordinance No. _, Series of 2005. RECOMMENDED MOTION: "I move to approve Ordinance No._, Series of 2005, upon first reading." CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Map of Affected Properties Exhibit B: Review Standards 2 ORDINANCE NO. 51 (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4) & (6), FRONT AND REAR YARD SETBACKS FOR THE MODERATE DENSITY RESIDENTAL (R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on November 22, 2005, the Planning and Zoning Commission recommended by a three to one (3-1) vote, the City Council approve the amendments to Section 26.710.070(D)(4) & (6); and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony of code amendments to Section 26.410; and, WHEREAS, the City Council finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.710.070(D)(4): Minimum front yard setback (feet): 30. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 10. Section 26.710.070(D)(6): Minimum rear yard setback (feet): 10. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 30. Section 2• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12th day of December 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 9th Day of January 2006. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney Attachment: Map of affected properties Helen Kalin Klanderud, Mayor 2 EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.310, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.310.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendment proposed will not affect compatibility of existing land uses. The proposed amendment takes into account neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in .significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendment will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff s goal is that the proposed change will create more compatibility within the neighborhood. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 2 MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director Vv j FROM: Sarah Oates, Zoning Officer50 RE: Code Amendment —Front Yard Setback for Eastwood Drive and McSkimming Rd. (aka Skimming Lane) 2°d Reading of Ordinance No. 51, Series of 2005 DATE: December 12, 2005 SUMMARY: Community Development Staff is pursuing a code amendment to allow for a less restrictive setback requirement for properties located between Highway 82 and Eastwood Drive and for properties located on the portion of McSkimming Road known as Skimming Lane (a map of the affected properties is attached as Exhibit A of the attached resolution). The properties currently have a thirty (30) foot front yard setback requirement and this code amendment would allow for a ten (10) foot front yard setback. The proposed change is due to several factors, including topography of the lots, current built conditions, and language in the land use code that has created many non - conformities on these streets. APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: All lots in what is the R-15B zone district (Knollwood, Eastwood and Aspen Grove Subdivisions) are subject to a thirty (30) front yard setback. These subdivisions were annexed into the City in 1987 and at the time the Planning Department researched the existing conditions of each lot to make sure no non -conformities were being created. Separate conditions for the houses along Eastwood Road and Skimming Lane have created non -conformities for these lots. These conditions are outlined below: Eastwood Road: When Eastwood Subdivision was annexed Eastwood Road was a private road. Per regulations at the time, the setback was taken from the property line, which was located on the north/northeast side of the properties (see Exhibit C for an example). Eastwood Road changed from a private road to a public right-of-way in 1991. Since the road was dedicated the property line shifted thirty (30) feet, from the north side of the Eastwood to the south side of Eastwood. This shift has created non -conformities along the street, several variance requests to Board of Adjustment and an 1 undesirable development pattern which pushes the development to the steeper portion of the lots. Skimming Lane: Skimming Lane is a portion of McSkimming Lane which is accessed from a private access easement thirty (30) feet wide that is split fifteen (15) feet on the east lots and fifteen (15) feet on the west lots (see Exhibit D for an example). The requirement for measuring setbacks from such easement is as follows: Required Yards Adjacent to Private Roads. All required yard setbacks under zone district regulations are based on distance measured from the right-of- way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under zone district regulations, plus an additional distance equal to one-half (112) of the right-of-way width as if such private way were dedicated for public use. In plain language, the code requires that the setback be taken from the edge of the road versus the property line. As with Eastwood Drive, this has created non - conformities and an undesirable development pattern by pushing the development into the steepest, undisturbed portion of the lots. Staff is proposing the setback be changed from thirty (30) feet to ten (10) feet for these lots so that re -development may occur in areas that are already disturbed. The Planning and Zoning Commission added two conditions to their recommendation. First, due to the narrowness of Eastwood Road, staff is to review the proposed setback with the City Engineer, Streets Superintendent and the Fire Marshall to confirm adequacy of the existing right-of-way. Second, the Planning and Zoning Commission recommended the rear yard setback be established as thirty (30) feet for the lots on Eastwood Drive and Skimming Lane so that the building envelope does not increase for these lots. Staff has reviewed the proposal with the agencies listed above and there are no issues with a ten (10) foot setback, as the structures in the narrowest area of Eastwood Road will not be permitted any closer to the road. Additionally, staff supports the establishment of a thirty (30) foot rear yard setback so that the building envelope will not increase. RECOMMENDATION: Staff recommends that the City Council approve a code amendment to Section 26.710.070(D)(4) & (6) to allow for a ten (10) foot font yard setback and a thirty (30) foot rear yard setback for propertiessituatedbetween Eastwood Drive and Highway 82 and for lots located on the northwest section of Skumming Lane as depicted in Exhibit A of Ordinance No. 51, Series of 2005. RECOMMENDED MOTION: "I move to approve Ordinance No. 51, Series of 2005, approving a code amendment to Section 26.710.070(D)(4) & (6) to allow for a ten (10) foot front yard setback and a thirty (30) foot rear yard setback for properties situated between Eastwood Drive and Highway 82 and for lots located on the northwest section of Skimming Lane as depicted in Exhibit A of Ordinance No. 51, Series of 2005." 2 CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Map of Affected Properties Exhibit B: Review Standards 3 EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.310, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26-310.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Muiucipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendment proposed will not affect compatibility of existing land uses. The proposed amendment takes into account neighborhood characteristics. - D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendment will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff s goal is that the proposed change will create more compatibility within the neighborhood. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of this title. N ORDINANCE NO. 51 (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4) & (6), FRONT AND REAR YARD SETBACKS FOR THE MODERATE DENSITY RESIDENTAL (R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter; shall by resolution approve,. approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on November 22, 2005, the Planning and Zoning Commission recommended by a three to one (3-1) vote, the City Council approve the amendments to Section 26.710.070(D)(4) & (6); and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony of code amendments to Section 26.410; and, WHEREAS, the City Council finds that Code Amendments meet or exceed all applicable amendment standards .and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.710.070(D)(4): Minimum front yard setback (feet): 30. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, MEMORANDUM k )k TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director �l/l FROM: Sarah Oates, Zoning OfficerSQ RE: Code Amendment —Front Yard Setback for Eastwood Drive and McSkimming Rd. (aka Skimming Lane) 2"d Reading of Ordinance No. 51, Series of 2005 DATE: December 12, 2005 SUMMARY: Community Development Staff is pursuing a code amendment to allow for a less restrictive setback requirement for properties located between Highway 82 and Eastwood Drive and for properties located on the portion of McSkimming Road known as Skimming Lane (a map of the affected properties is attached as Exhibit A of the attached resolution). The properties currently have a thirty (30) foot front yard setback requirement and this code amendment would allow for a ten (10) foot front yard setback. The proposed change is due to several factors, including topography of the lots, current built conditions, and language in the land use code that has created many non - conformities on these streets. APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: All lots in what is the R-15B zone district (Knollwood, Eastwood and Aspen Grove Subdivisions) are subject to a thirty (30) front yard setback. These subdivisions were annexed into the City in 1987 and at the time the Planning Department researched the existing conditions of each lot to make sure no non -conformities were being created. Separate conditions for the houses along Eastwood Road and Skimming Lane have created non -conformities for these lots. These conditions are outlined below: Eastwood Road: When Eastwood Subdivision was annexed Eastwood Road was a private road. Per regulations at the time, the setback was taken from the property line, which was located on the north/northeast side of the properties (see Exhibit C for an example). Eastwood Road changed from a private road to a public right-of-way in 1991. Since the road was dedicated the property line shifted thirty (30) feet, from the north side of the Eastwood to the south side of Eastwood. This shift has created non -conformities along the street, several variance requests to Board of Adjustment and an undesirable development pattern which pushes the development to the steeper portion of the lots. • Skimming Lane: Skimming Lane is a portion of McSkimming Lane which is accessed from a private access easement thirty (30) feet wide that is split fifteen (15) feet on the east lots and fifteen (15) feet on the west lots (see Exhibit D for an example). The requirement for measuring setbacks from such easement is as follows: Required Yards Adjacent to Private Roads. All required yard setbacks under zone district regulations are based on distance measured from the right-of- way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under zone district regulations, plus an additional distance equal to one-half (112) of the right-of-way width as if such private way were dedicated for public use. In plain language, the code requires that the setback be taken from the edge of the road versus the property line. As with Eastwood Drive, this has created non - conformities and an undesirable development pattern by pushing the development into the steepest, undisturbed portion of the lots. Staff is proposing the setback be changed from thirty (30) feet to ten (10) feet for these lots so that re -development may occur in areas that are already disturbed. The Planning and Zoning Commission added two conditions to their recommendation. First, due to the narrowness of Eastwood Road, staff is to review the proposed setback with the City Engineer, Streets Superintendent and the Fire Marshall to confirm adequacy of the existing right-of-way. Second, the Planning and Zoning Commission recommended the rear yard setback be established as thirty (30) feet for the lots on Eastwood Drive and Skimming Lane so that the building envelope does not increase for these lots. Staff has reviewed the proposal with the agencies listed above and there are no issues with a ten (10) foot setback, as the structures in the narrowest area of Eastwood Road will not be permitted any closer to the road. Additionally, staff supports the establishment of a thirty (30) foot rear yard setback so that the building envelope will not increase. RECOMMENDATION: Staff recommends that the City Council approve a code amendment to Section 26.710.070(D)(4) & (6) to allow for a ten (10) foot front yard setback and a thirty (30) foot rear yard setback for properties situated between Eastwood Drive and Highway 82 and for lots located on the northwest section of Skimming Lane as depicted in Exhibit A of Ordinance No. 51, Series of 2005. RECOMMENDED MOTION: "I move to approve Ordinance No. 51, Series of 2005, approving a code amendment to Section 26.710.070(D)(4) & (6) to allow for a ten (10) foot front yard setback and a thirty (30) foot rear yard setback for properties situated between Eastwood Drive and Highway 82 and for lots located on the northwest section of Skimming Lane as depicted in Exhibit A of Ordinance No. 51, Series of 2005." 2 CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Map of Affected Properties Exhibit B: Review Standards EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.310, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.310.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendment proposed will not affect compatibility of existing land uses. The proposed amendment takes into account neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendment will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff's goal is that the proposed change will create more compatibility within the neighborhood. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 2 ORDINANCE NO.51 (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4) & (6), FRONT AND REAR YARD SETBACKS FOR THE MODERATE DENSITY RESIDENTAL (R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter; shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on November 22, 2005, the Planning and Zoning Commission recommended by a three to one (3-1) vote, the City Council approve the amendments to Section 26.710.070(D)(4) & (6); and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony of code amendments to Section 26.410; and, WHEREAS, the City Council finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.710.070(D)(4): Minimum front yard setback (feet): 30. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 10. Section 26.710.070(D)(6): Minimum rear yard setback (feet): 10. For properties located between Eastwood Drive and Highway 82 [Lots 6-19, Eastwood Subdivision] and properties located on the northwest portion of Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 30. Section 2• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance 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 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12th day of December 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 9fl' Day of January 2006. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney Attachment: Map of affected properties Helen Kalin Klanderud, Mayor 2 w.. ��el�I �i ��I�rV✓��s 2e, detl�e� �G y .Y1s�;o,Ife +(A5f 0 44 del h RESPONSE: These code amendment will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff s goal is that the proposed change will create more compatibility within the neighborhood. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 2 I 40, vo\ 's --------- ---------- 0 000, '00 z j w F- F JU L LAJ 1HUH .4 Fl. ASPEN GROVE LN Q L_JL L_JL___j U L J]i 7 L@@-I