HomeMy WebLinkAboutagenda.apz.20100518AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, May 18, 2010
4:30 p.m. Regular meeting- Sister Cities Room
CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES (4/20/10; 5/4/10)
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS:
A. 69 Shady Lane -Stream Margin Review (to be continued)
B. Silver Ling Ranch (Continued from May 4, 2010)
C. Code Amendments (continued from May 4, 2010)
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 11
o,
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
RE: Silver Lining Ranch Conversion to Single-Family Residence
o SPA Amendment
o GMQS -Change-in-Use
o GMQS -Demolition of Affordable Housing
o Special Review for an attached Accessory Dwelling Unit.
Resolution No. ,Series 2010.
MEETING DATE. May 4, 2010 I
APPLICANT /OWNER: SUMMARY:
The Silver Lining Ranch is currently anon-profit
Owner -Little Star Foundation, Andrea Jaeger. facility to help kids with cancer and similar
afflictions. The operation is known as the Little Star
Contract Purchaser - KAT Ranch, John Burgess. Foundation or the Kids Stuff Foundation. The
operation was relocated out of Aspen in 2006. The
REPRESENTATIVE: applicant proposes changing the use of the building
Mitch Haas, Haas Land Planning to asingle-family residence, with components of the
non-profit allowed for up to S years. Minor physical
LOCATION: changes are proposed to the 18,000 square foot
Lot 5, Stillwater Ranch, commonly known as the building (14,000 FAR) to accommodate this new use.
Silver Lining Ranch - 1490 Ute Avenue -Parcel
ID # 2737-184-06-805
STAFF RECOMMENDATION:
Staff believes the proposal does not meet the
CURRENT ZONING: standards of review. Staff recommends denial.
Academic and Conservation with a Specially
Planned Area overlay - (A-C-SPA)
' ,~.
t
'
~~~ ~ ~ ~
1
Z
Aerial Photo: The Silver Ltntng Ranch - b
`~'V'
"~~
'
~
_'~~ ~:~ ° ';~`'
~ ~
~
Academic zone district shown at left / • - p
'~-,,~~..,,, . - ~'
-
'
i
Conservation zone district shown at right
the high water line
arated b
-se ~
'":~~- ~~
~ ,'; ;~'r~~
~~" R 1 i• ~ ~•• ~- r
.i
~y
,
~ • ~
- •
'
'
.
y
p ~ y
,
.
,
_
.
.1 i ~7 ~ c~ ~~'~ ~
t,
A
~
1
'~
~ +jr,! ~ i'~
£ ~ _~ 7TH'
~ ~~ ~ ; F~
.~'~. ~ ~ f ~ ~ , r ..f7 ~ ~
~_ ]R
1 .( ~
~~~
~
. I'~.h '~
~ r. 1. i ~_
-__-_
P2
LAND UsE REQUESTS: The City will be reviewing the following land use actions for the
conversion of the Silver Lining Ranch to asingle-family residence:
• Specially Planned Area (SPA) Amendment to allow for the conversion to asingle-family
house with an allowable Floor Area of 14,000 square feet and the dimensions of the
existing structure. The application shall be approved, approved with conditions or denied
by the City Council after a recommendation from the Planning and Zoning Commission.
• Growth Management Review for the Demolition of Multi-Family Housing for the
demolition and replacement of three on-site affordable housing units. The application
s11a11 be approved, approved with conditions or denied by the Planning and Zoning
Commission.
• Growth Management Review for the Replacement Housing The application shall be
approved, approved with conditions or denied by the Planning and Zoning Commission.
• Growth Management Review for a change-in-use for the conversion of an essential
public facility to asingle-family residence. The application shall be approved, approved
with conditions or denied by the Planning and Zoning Commission.
• Special Review for an Accessory Dwelling Unit attached to the main residence The
application shall be approved, approved with conditions or denied by the Planning and
Zoning Commission.
BACKGROUND:
The Silver Lining Ranch, located at 1490 Ute Avenue, is also known as Lot #5 of the Stillwater
Subdivision. The Subdivision was approved by the Board of County Commissioners in 1994
and included 6 residential lots and 1 open space parcel. Lot 1 became the Stillwater affordable
housing project. Lots 2, 3, 4 and 6 are free market residential lots. Lot 5, the subject property,
was originally planned as a residential lot but was then given by Fabi Benedict to Andrea Jaeger
to run anon-profit foundation to assist children with cancer. Lot 5 is the only development parcel
accessed from Ute Avenue. All other parcels are on the other side of the Roaring Fork River and
access from Highway 82.
In 1996, the owner of Lot 5, the Little Star Foundation, submitted a petition to annex Lot ~ into
the City of Aspen. The Aspen City Council adopted Ordinance 10 (1997) annexing the property
to the City of Aspen, and Ordinance 11 (1997) zoning Lot 5 Academic/Conservation/SPA and
granting final approvals for the development of the Silver Lining Ranch. The approvals allowed
for the operation of anon-profit kids camp for children with cancer and similar afflictions to be
directed by Andrea Jaeger. Lot 5 is the only lot of the subdivision lying within the City. The
remaining lots are all in Pitkin County.
The property was zoned a combination of Conservation, along the lower bench and the riparian
areas, and Academic, along the upper bench and where the building is located. The property was
also zoned with a Specially Planned Area overlay that proscribes the allowable dimensions and
the types and intensities of allowed uses.
P3
The SPA approval anticipated approximately 20 children and their family members using the
facility, along with approximately 12 staff and medical personnel. Usage was limited to no more
than 14 week long sessions per yeaz. In addition, the City permitted approximately 15 to 20
special events per year, ranging from celebrations to dinners, awazd ceremonies, meetings, fund
raising activities and non-profit medical events that would be open to community members.
The Little Staz Foundation operated programs at the Silver Lining Ranch from 1999, when the
building was completed, unti12006. The property has had limited occupancy since that time, and
the Foundation has been trying to sell the property so that the proceeds can be used to fund its
charitable mission.
In 2007, the Foundation applied to the City of Aspen to "de-annex" (disconnect) the property
from the City. It was expected that the disconnection would permit the property to be converted
to asingle-family home in the County. Planning staff recommended against this request. The
City Council denied the request after considering the non-profit/institutional use of the property
an important community resource which would be sacrificed with a conversion to a single family
residence.
Iu 2008, the Jewish Chabad of Aspen entered into a contract to purchase the property for use as a
Jewish Community Center. An application was filed to amend the approvals to allow for the
JCC. The application was viewed favorably by the City, replicating (in very general terms) the
use profile of the Little Star Foundation and fulfilling the desire for anon-profit or institutional
use to remain at the site.
The JCC application was controversial with neighbors concerned about traffic impacts and with
owners in the Stillwater Subdivision. The JCC application eventually gained approval from City
Council in 2009, but the Chabad encountered some legal obstacles with the Stillwater
Subdivision Home Owners Association. Ultimately, the Chabad decided not to pursue purchase
of the property and abandoned ideas for a JCC at this site.
The property is now under a purchase contract with KAT Ranch, LLC. This new owner
proposes to convert the property to asingle-family residence with the Foundation's ability to
continue programming on the property for the next five yeazs.
NOTE ON SPAS:
Specially Planned Area (SPA) is just like a Planned Unit Development (PUD) in that allowable
dimensions for a property aze set through a review process but adds the ability to specify the
types and intensities of allowable uses. The Silver Lining Ranch SPA sets the dimensions for the
building'as well as very specific limitations on the number and types of activities that can occur.
NOTE ON PROTECTIVE COVENANTS:
Many properties in Aspen (and around the country) aze encumbered by private covenants. These
can range from simple agreements regazding a shazed fence to very sophisticated agreements
describing architectural style and review processes. Covenants typically run with the land but
aze only enforceable by the parties within the agreement. Private covenants aze not typically
3
P4
enforceable by local government. Disputes over the meaning, affect, or enforcement of the
covenant aze handled by the private parties within the agreement and, if need be, resolved in civil
court. The City of Aspen is not party to the Stillwater Protective Covenants and is not in a
position to interpret, implement, change or enforce the terms and conditions of the agreement.
As with any property, the City does have an obligation to interpret, implement, and enforce the
Land Use Code. This describes allowances and limitations on the intensity and chazacter of land
use, building sizes and setbacks, mitigation of impacts, and proscribes certain processes for
reviewing proposed changes. On occasion, the City's rules and regulations on a property conflict
with how the property is regulated through a private covenant.
Neither the City nor the holders of the private covenant aze expected or obligated to change their
rules and regulations to accommodate the other. Yes, this can lead to a `stalemate' of sorts
which could need to be resolved by the courts. The City could choose to `fix' the stalemate by
changing its zoning just as the holders of a private covenant could choose to provide a fix. But
the City does not have an obligation to change zoning in light of private covenants.
The City Attorney's Office can delve further into this topic at the request of the Planning and
Zoning Commission.
PROJECT SUMMARY:
The applicant is proposing to amend the Specially Planned Area approvals in order to convert the
existing Silver Lining Ranch building into asingle-family home. There would remain the
potential for the Foundation to continue to use the property for up to five yeazs in the same
manner as currently pemutted.
The existing structure is approximately 18,000 gross squaze feet, with slightly less than 14,000
squaze feet as Floor Area (the remainder is exempt space). The conversion would involve some
interior reworking, but the existing structure would be reused and exist more or less in the same
configuration as today. Dimensions for this property aze set through an SPA plan, but were set
in light of the Foundafion use. The SPA plan needs to be amended to allow the existing
dimensions to continue for asingle-family house.
The building currently includes three affordable housing units. These units aze rental units for
employees of the Foundation and were not designed or expected to be occupied by others.
Appazently, the units have not been occupied since the Foundation moved its operation to
southern Colorado. The application proposes to remove these units and provide acash-in-lieu
payment.
The applicant is requesting approval for an Accessory Dwelling Unit to be attached to the main
house. ADUs which meet all the design standazds aze allowed by right. ADUs not meeting one
or more of the design standards require review by the Planning and Zoning Commission. The
applicant expects to achieve all of the design standazds for an ADU except the requirement to be
physically detached from the main residence.
The conversion also requires three Growth Management approvals. A change-in-use approval
allows the use to convert from an essential public facility to a residence. This review monitors
4
P5
and accounts for the annual and overall growth allotments for the City by the various types of
land use.. Growth Management approvals aze also needed for the affordable housing units
developed to meet the replacement requirement. There aze no actual replacement units proposed
at this time.
STAFF ANALYSIS: MULTI-FAMILY REPLACEMENT
This is a P&Z review required for the removal of the three affordable housing units. The
proposal is to remove these three units and provide acash-in-lieu payment. Exhibit A contains
the code section and the standazds of review for this element of the proposal. There are eight
standazds of review and an application must be determined in compliance with all eight.
Standazd number one addresses free-mazket multi-family housing and sets forth two options for
compliance. This standazd does not apply as the units being affected aze affordable housing
units. Staff believes this standazd is met.
The second standazd is written specifically for the demolition of affordable housing units. The
effective requirement is to house the same number of employees while the method (number and
types of units) may change. A referral from the Housing Authority is required to be reviewed.
The text does not explicitly allow for acash-in-lieu payment to satisfy the requirement. Staff
reads this standazd as to require replacement units -actual units, not cash-in-lieu. Staff does not
believe the proposal meets standard number two.
The third standard addresses cash-in-lieu payments but only allows those payments for a fraction
of a unit and only with City Council approval. This standazd does not allow for the replacement
requirement to be met with cash if the requirement is for more than one unit. The proposal seeks
to provide cash-in-lieu for 6.25 employees. Staff does not believe the proposal meets
standard number three.
The fourth standard addresses the location of the replacement unit(s). Replacement units aze
required to be on the same site unless the Commission fords that replacement on site conflicts
with zoning or with the site's physical constraints. Appazently, the Stillwater HOA private
covenants prohibit affordable housing. However, the City review standazd does not cite reasons
of private covenants, only the City's zoning and the physicality of the property. Staff does not
believe that on-site affordable housing is categorically incompatible with City zoning or the
physical make-up of the site.
The language of standazd number four goes on to enable the Commission to strike a balance
between on-site and off-site replacement units, considering the pazameters of the site and a
recommendation from the Housing Boazd. Again, staff reads this standazd as to require
replacement units -actual units, not cash-in-lieu. Staff does not believe the proposal meets
standard number four.
Standazd five addresses the timing of the replacement units. The application proposes to provide
the cash-in-lieu in a timeframe that meets this timing requirement. However, the timing
requirement requires the provision of actual units, not a payment. Because actual replacement
units aze not proposed, staff finds the proposal does not meet standard number five.
5
P6
standazd six addresses the need for the City and the applicant to enter into an agreement
regazding the replacement units. The application does not really address this requirement and
staff does not know if the applicant is resistant to an agreement. Staff believes this standazd can
be met with a condition of approval requiring a redevelopment agreement. Staff does point out
that the text azound a fmancial assurance assumes that there will be development of actual
replacement units, not cash-in-lieu.
standazd seven address the treatment of redevelopment credits and the City's Growth
Management System. The proposal is in compliance with this standazd.
The last standazd, number ei t, allows the Community Development Director to exempt
development from the requirements of this section. The standazd speaks to issues of fairness
related to "acts of God" or other issues of pracfical necessity. Staff has not been asked to
evaluate this project for an exemption, but staff does not believe the proposal qualifies for any of
the exemptions, as outlined.
STAFF ANALYSIS: AMENDMENT TO THE SPA
An amendment to the SPA is needed to allow the existing building and its dimensions to be
permitted for asingle-family residence. There aze eight standazds of review to consider for the
amendment to the SPA.
standazd one speaks to the proposals compatibility with the surrounding land uses. Staff does
not believe that asingle-family home here is more compatible or an enhancement to the
neighborhood. However, asingle-family home is not incompatible with the azea. Staff fmds that
this criterion is met.
The second standazd concerns the capacity and availability of public facilities. This standazd is
met. Standazds three and four deal with the developability of the parcel and, the suitability of the
proposed development with respect to view planes, environmental concerns, etc. Staff believes
these standazds aze met.
standazd five asks whether the development is compafible with the Aspen Area Community
Plan. The AACP does not address, dtrectly, the conversion of an essential public facility to a
single-family residence. However, both the Economic Sustainability chapter and the Arts,
Culture and Education chapter of the AACP speak to the importance of non-profit and cultural
institutions as a cornerstone of the Aspen community, its vibrant international profile, and its
future as a unique place to live, work and play. Excerpts of these sections of the AACP aze
attached as Exhibit C.
Staff believes the conversion of existing community assets, essential public facilities, non-profit
institutions, etc. to large single-family residences is in direct contravention to the philosophy
section of the Arts, Culture and Education chapter and the intent secfion of the Economic
Sustainability chapter of the AACP. Staff does not believe this proposal is in compliance with
the AACP, standard number five.
Furthermore, we aze in a period where various cultural and non-profit institutions aze
contemplating "leveraging their assets to sustain their mission." If this means an erosion of the
6
P7
foundational underpinning of the Aspen Idea to accommodate short-term economic conditions
then we are faced with a very foreboding precedent which is not in the long-term best interests of
the community.
standazd six addresses the expenditure of public funds to accommodate the proposal. No public
funds are expected to be needed and staff believes this standazd is met.
Standard seven addresses development on slopes and this standazd is met. standazd ei t
addresses growth management allotments for the use and this standazd is met through
compliance with the related reviews that are required for this conversion.
STAFF ANALYSIS: GMQS -CHANGE-IN-USE
Change-in-use is a growth management review and allows for the creafion of one free-mazket
residence. The review is needed to convert the structure from an essential public facility to a
single-family home. There aze seven standazds of review for this approval.
standazd one addresses the sufficiency of growth management allotments to accommodate the
change. Staff finds this criterion met.
standazd two asks if the proposal is in compliance with the AACP. Staff does not believe
standard number two is met. Please see above for staff comments on this issue.
standazd three asks if the proposal conforms to the zoning limitations. There is a proposed
amendment to the SPA approvals for this property, which if approved will demonstrate
compliance with this provision.
standazd four addresses compliance with Historic Preservation approvals. standazd five
addresses housing mitigation for the generation of additional employees. The property is not
historic and no additional employees aze necessary for the conversion. Staff finds these criteria
met.
standazd six deals with the physical design of affordable housing units, requiring that each unit
be at least 50% above grade. No affordable housing is proposed, so staff considers this standazd
met.
The last standazd, number seven, requires sufficient public infrastructure with no or minimal
additional demand on the public. This project does not require additional public infrastructure
and staff believes this criterion is met.
STAFF ANALYSIS: GMQS -AFFORDABLE HOUSING
The application addresses this section of the code that provides standazds for the development of
affordable housing. Staff cited this section in the event that the applicant pursued replacement
housing on site or off-site. Staff does not believe this section applies to the proposal.
7
P8
STAFF ANALYSIS: SPECIAL REVIEW FOR AN ATTACHED ACCESSORY DWELLING UNIT
Accessory Dwelling Units aze a use by right if they aze proposed in a manner that meets the
design standazds for ADUs. A physical detachment from the main residence is a design
standazd. Variances from those design standazds can be approved by the Planning and Zoning
Commission. There aze three standazds of review for the Commission to consider.
Standazd number one asks if the proposed ADU promotes the overall purpose of the ADU
program, promotes the purposes of the zone district, and promotes the livability of the ADU
itself. The purpose of the ADU program, in part, is to encourage integration of working
employees in neighborhoods and permit residents to piovide housing for cazetakers. (The full
purpose statement is provided in Exhibit D.) Staff does not believe that an attached ADU
necessarily contradicts this purpose.
The purpose of the Academic Zone (also in Exhibit D) is to bolster education and academic
activities in Aspen and to permit attendant facilities, including housing. An ADU accessory to a
private residence does not necessarily promote this purpose. There aze no designs for the ADU
provided and staff cannot render an opinion as to the ADU's livability. Therefore, staff fmds
criterion number one unmet.
Standard two asks if the ADU is compatible with and subordinate to the main residence.
Without actually seeing the design of the ADU, staff is reasonably sure that the ADU would
remain subordinate to the main residence. Staff finds this criterion met.
The third standazd asks if the ADU is compatible with the neighborhood. Again, without seeing
the plans for the ADU this is difficult to review. But staff is confident that an ADU on this
property would be compatible with the neighborhood. Staff fmds this criterion met.
STAFF ANALYSIS: SUMMARY
Staff believes the proposal fails to meet the standazds of review for the demolition or
redevelopment of multi-family housing. The standazds require replacement housing with actual
units either on-site or off-site, not through acash-in-lieu payment. Specifically, staff finds the
proposal does not meet standazds 2, 3, 4 and 5 of the Housing Demolition Requirements. Staff
fmds the project meets standazds 1 and 7 and finds that standazd 6 can be met through a
condition of approval.
With respect to the SPA Amendment, staff fmds the application meets all the standazds of review
except for standazd number 5 concerning compliance with the Aspen Area Community Plan.
Regazding the change-in-use criteria, staff fmds the proposal in compliance with the review
standazds except for review standazd number 2 regazding compliance with the AACP.
Staff finds the review standazds for an attached ADU met except for standazd number one of that
section regazding the proposed unit's livability.
8
P9
STAFF RECOMMENDATION:
Staff recommends the Commission adopt the staff findings and den. the application. If the
application is to be substantively altered for a future re-review, staff suggests the current
application be denied and a new application be submitted.
Note: The Commission should first explore all potential motions of approval, acceptable ways
to condition an approval, etc. The Commission should be satisfied that options to approve the
project have been exhausted prior to considering motions of denial.
ALTERNATE RECOMMENDATION:
The Planning and Zoning Commission could find the application compliant with the standazds of
review and approve the application. Staff will draft a resolution of approval with such findings
and present it during the hearing for the Commission's consideration.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRNIITIVE~:
"I move to approve Resolution No._, Series of 2010, allowing the conversion of the Silver
Lining Ranch into asingle-family residence."
ATTACHMENTS:
Exhibit A -Referral Comments from the Housing Boazd
Exhibit B -Review standazds from Land Use Code
• Demolition of Multi-Family Housing
• SPA Amendment
• Change-in-Use
• Special review for ADUs
Exhibit C -Excerpts from the Aspen Area Community Plan
Exhibit D -Purpose Statements of the ADU Program and the Academic Zone
Exhibit E -Application ~ -~, ~J -~
P10
MEMORANDUM ~~~~•~•/ _ /~
TO: Community Development
FROM: Cindy Christensen
DATE: February 20, 2010
RE: Replacement Mitigation Requirement for Silver Lining Ranch
ISSUE: The applicant is requesting a referral from the Housing Boazd to replace the existing
three deed-restricted units at the Silver Lining Ranch with apayment-in-lieu fee.
BACKGROUND: The Housing Boazd discussed this 3t their meeting held on February 3, 2010.
The discussion focused on a payment-in-lieu fee versus replacement units. At this meeting,
information was provided to the Boazd that the current owner's reasoning to provide the units were
that they were for Foundation employees only. What is being proposed would be to change the use
to asingle-family home, thereby the need for the units goes away.
When the Housing Office was preparing the deed restriction, after reviewing the approval
documents, there was no cleaz direction for the Housing Office to follow when preparing this
documentation. The deed restriction that was utilized, signed and recorded was the boiler plate deed
restriction for all fully deed-restricted rental units. Whether it was the intent of City Council to have
the units utilized by employees other than those of the Foundation was not lmown at the time the
document was prepazed.
The Planning and Zoning Commission Resolution 97-04 approved the project. This resolution does
not specifically have any conditions or requirements for the deed restricted units. The only mention
is on page 9, #5, in the resolution:
One (1) year after the commencement of operation, an employment audit shall be
conducted by the Housing Department The permanent staff units shall be deed
restricted with priority for use of these units to personnel of the Foundation, and
categorized as to those employees residing in the units (Category 1, 2 or 3; but
Category 4 for the two-bedroom, lower-level unit).
An employee audit was provided to the Housing Office on June 9, 2000.
The City Council Ordinance No. 11 Series of 1997 approved the development and referred to the
conditions stated in P&Z Resolution No. 97-04. The only mention to employee housing was as
follows:
WHEREAS, the City Council finds that proposed housing units will be deed-
restricted in accordance with the housing guidelines, are compatible with
surrounding uses and will have a minimal impact on the land
1
P11
The Community Development Department memo, dated April 14 1997, stated the following
regazding employee housing, otherwise they were also not specific:
Apartments are proposed to be provided within the building,• these apartments
would be able to house permanent staff of the Foundation, as well as the medical
personnel that accomparry the children when they come to Aspen. Spaces for twelve
(12) such permanent and temporary staffwould be provided within the building.
The applicant will be requesting approval from the City Council to convert the current use on the
property to asingle-family home residence. This requires an amendment to the approved Specially
Planned Area (SPA). The property was rezoned in 1997 to an essential public facility which
allowed for the running of the Silver Lining Ranch. Because of the change in use, the buyer of the
property believes the need for the three units goes away since the property will be asingle-family
residence.
The property is within the Sfillwater Homeowner's Association Protective Covenants which allow
for one single-family residence and a cazetaker dwelling unit. All of the other Stillwater HOA's
homes aze located within the County, with the exception of this property which was annexed into
the City in 1996; therefore, the cazetaker dwelling unit would be deed restricted as a voluntary
accessory dwelling unit (ADU).
The Land Use Code allows for mitigation to be provided as follows:
1. On-site mitigation.
2. Off-site mitigation.
3. Buy-downs of free-mazket units.
4. Payment-in-lieu fee.
The on-site mitigaflon is in violation of the Stillwater Homeowner's Associaton Protective
Covenants. Off-site mitigation would require the buyer to purchase more land to building enough
units to mitigation for 6.25 FTE's. The buy-down option is no longer a viable opfion unless the
buyer is able to purchase a complete building to change how the HOA dues aze assessed. The
Housing Office will no longer accept single buy-downs in a multi free-mazket complex. Therefore,
the buyer is requesting that the Housing Boazd recommend approval of a payment-in-lieu fee.
If the applicant received approval for asingle-family residence by providing apayment-in-lieu fee
currently provided under the code, the amount due would be calculated as follows:
1 2-bedroom Category4 2.25 X'• $134,079 = $ 301,677.75
1 1-bedroom Category 3 1.75 X $214,784 = 375,872.00
1 2-bedroom Category 3 2.25 X $214,784 = 483.264.00
TOTAL $1,160,813.75
This amount is based on the 2010 payment-in-lieu fees.
P12
In Mazch of 2008, the Housing Boazd approved a request to increase the payment-in-lieu by 80% to
reflect the actual costs of constructing units (including land costs). The City Council did not
approve this request as they wanted a more thorough study conducted as to what type of
methodology should be used. IF they had approved this request, the payment-in-lieu fee would be
increased to $1,702,852.50, an additional $542,038.75.
If a $500 per squaze foot cost was utilized to build the minimum squaze footage, Category 3 and 4
one-bedroom units (700 square feet is the minimum), the cost would be $1,400,000. If $400 per
square foot were used, the cost would be $1,120,000. The current cost per squaze foot is not known
at this time since there has not been any new construction within the last two yeazs.
The mitigation amount of $1,160,813.75 divided by 4one-bedroom units that would satisfy the 6.25
mitigation requirement is $290,203.44 per unit. Aone-bedroom unit mitigates at 1.75 employees,
therefore, 4 X 1.75 = 7.
RECOMMENDED ACTION: The Housing Boazd approved the applicants request to mitigate
for the 6.25 FTE's at the current rate of $1,160,813.75. However, if the payment-in-lieu fee
changes prior to recorded approval by City Council, that updated amount shall be used.
~L L L 3
6.... ~ ^ ~ 7 / T""
~'
a) The proposed u ' comply with the
Housing Autho A recommendatic
Authority sh be required for this st
Authority y choose to hold a pub
lines of the Aspen/Pitk' County
the Aspen/Pitkin Co Housing
The Aspen/Pitkin my Housing
with the Board o hectors.
b) Affor le housing required for itigation purposes shall m the form of actual
new built units or buy-do units. Off-site units sh a provided with' the
C' limits. Units outside e City limits may be a pled as mitigatio y the
rty Council, pursuant t azagraph 26.470.090.2 f the mitigation uirement
is less than one (1) unit, acash-in-lieu ment may be a pled by the
Planning and Zonin ommission upon a re mendation from e Aspen/Pitkin
County Housing thority. Ifthe mitigat requirement is o (1) or more units,
a cash-in-lieu p ment shall require Ci Council approval ursuant to Paragraph
26.470.090.3 equired affordable ousing may be pr ided through a mix of
these meth s.
c) Each u provided shall be esigned such that a finished floor level of
perce (50%) or more o he unit's net liva area is at or above na 1 or
fini ed grade, whichev is higher.
d) ~ie proposed unit all be deed-restri d as "for sale" units and ansferzed to
qualified purch rs according to th Aspen/Pitkin County H sing Authority
Guidelines. owner may bee led to select the first p asers, subject to
the aforem coned qualificatio ,with approval from t spen/Pitkin County
Housing thority. The deed striction shall authoriz a Aspen/Pitkin County
Housi Authority or the to ovln the unit and tit to qualified renters
deft in the Affordab Housing Guidelines blished by the Aspen/P' m
C ty Housing Auth ty, as amended.
The proposed uni may be rental units, i uding but not limited to ntal units
owned by an a toyer or nonprofit or ization, if a legal instru nt in a form
acceptable to e City Attorney ensur permanent affordability the units. The
City enco ges affordable housi units required for lodge evelopment to be
rental u ' associated with the ge operation and contri ing to the long-term
viabili of the lodge.
U ' owned by the Asp itkin County Housin uthority, the City o pen,
in County or other milar governmental or asi-municipal agent shall not
be subject to this ma atory "for sale" provisi
5. Demolition or redevelopment of multi-family housiug. The City of Aspen's
neighborhoods have traditionally been comprised of a mix of housing types, including
those affordable by its working residents. However, because of Aspen's attractiveness as
a resort environment and because of the physical constraints of the upper Roazing Fork
Valley, there is constant pressure for the redevelopment of dwellings currently providing ,
resident housing for tourist and second-home use. Such redevelopment results in the
displacement of individuals and families who are an integral part of the Aspen work
force. Given the extremely high cost of and demand for market-rate housing, resident
City of Aspen Land Use Code
Part 400, Page 135
P14
housing opportunities for displaced working residents, which aze now minimal, will
continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these
goals will serve to promote a socially and economically balanced community, limit the
number of individuals who face a long and sometimes dangerous commute on State
Highway 82, reduce the air pollution effects of commuting and prevent exclusion of
working residents from the city's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the
Aspen/Pitkin County Housing Authority have provided affordable housing both within
and adjacent to the city limits. The private sector has also provided affordable housing.
Nevertheless, as a result of the replacement of resident housing with second homes and
tourist accommodations and the steady increase in the size of the workforce required to
assure the continued viability of Aspen area businesses and the Aspen's tourist-based
economy, the City has found it necessary, in concert with other regulations, to adopt
limitations on the combining, demolition or conversion of existing multi-family housing
in order to minimize the displacement of working residents, to insure that the private
sector maintains its role in the provision of resident housing and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall
be approved, approved with conditions or denied by the Planning and Zoning
Commission based on compliance with the following requirements (see definition of
Demolition.):
market multi-family housine units: Only one (1) of the following two (2) options
is required to be met when combining, demolishing, converting or redeveloping a
free-mazket multi-family residential property. To ensure the continued vitality of
the community and a critical mass of local working residents, no net loss of
density (total number of units) between the existing development and proposed
development shall be allowed.
a) One-hundred-percent replacement. In the event of the demolition of free-
mazket multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one hundred percent (100%) of
the number of units, bedrooms and net livable area demolished. The
replacement units shall be deed=restricted as resident occupied affordable
housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower
category designation. Each replacement unit shall be approved pursuant to
Subsection 26.470.070.4., Affordable housing.
When this one-hundred percent standazd is accomplished, the remaining
development on the site may be free-market residential development with no
City ofAspen Land Use Code
Part 400, Page 136
P15
additional affordable housing mitigation required as long as there is no
increase in the number of free-mazket residential units on the parcel. Free-
market units in excess of the total number originally on the parcel shall be
reviewed pursuant to Subsection 26.470.070.3, Expansion of free-mazket
residential units within amulti-family or mixed-use development.
b) Fifty-percent replacement. In the event of the demolition of free-market
multi-family housing and replacement of less than one hundred percent
(100%) of the number of previous units, bedrooms or net livable area as
described above, the applicant shall be required to construct affordable
housing consisting of no less than fifty percent (50%) of the number of units,
bedrooms and the net livable area demolished. The replacement units shall be
deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Subsection 26.470.070.4, Affordable housing.
When this fifty-percent standazd is accomplished, the remaining development
on the site may be free-market residential development as long as additional
affordable housing mitigation is provided pursuant to subsection
26.470.070.3, Expansion offree-market residential units within amulti-family
or mixed-use project, and there is no increase in the number of free-market
residential units on the parcel. Free-market units in excess of the total number
originally on the parcel shall be reviewed pursuant to Subsection
26.470.080.2, New free-market residential units within amulti-family or
mixed-use project.
2. Requirements for demolishine affordable multi-family housine units: In the event ~
a project proposes to demolish or replace existing deed-restricted affordable
housing units, the redevelopment may increase or decrease the number of units,
bedrooms or net livable area such that there is no decrease in the total number of
employees housed by the existing units. The overall number of replacement units,
unit sizes, bedrooms and category of the units shall be reviewed by the
Aspen/Pitkin County Housing Authority and a recommendation forwarded to the
Planning and Zoning Commission. The Planning and Zoning Commission may
require the affordable housing deed restriction on the affected units be brought
into compliance with the current Guidelines of the Aspen/Pitkin County Housing
Authority and to the satisfaction of the City Attorney:-(Ord. No. 22-2008, § 1)
3. Fractional unit reouirement. When the affordable housing replacement
requirement of this Section involves :a fraction of a unit, cash-in-lieu may be
provided only upon the review and approval of the City Council, to meet the
fractional requirement only, pursuant to Subsection 26.470.090.3, Provision of
required affordable housing via acash-in-lieu payment. ,
4. Location requirement. Multi-Family replacement units, both free-market and
affordable, shall be deve]oped on the same site on which demolition has occurred,
City of Aspen Land Use Code
Part 400, Page 137
P16
unless the owner shall demonstrate and the Planning and Zoning Commission
determines that replacement of the units on site would be in conflict with the
pazcel's zoning or would be an inappropriate solution due to the site's physical
constraints.
When either of the above circumstances result, the owner shall replace the
maximum number of units on site which the Planning and Zoning Commission
determines that the site can accommodate and may replace the remaining units off
site, at a location determined acceptable to the Planning and Zoning Commission.
A recommendation from the Aspen/Pitkin County Housing Authority shall be
considered for this standard.
5. Timing requirement. Any replacement units required to be deed-restricted as
affordable housing shall be issued a certificate of occupancy, according to the
Building Department, and be available for occupancy at the same time as, or prior
to, any redeveloped free-market units, regardless of whether the replacement units
are built on site or off site.
6. Redevelopment agreement. The applicant and the City of Aspen shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall
adhere to the approvals granted pursuant to this Section and penalties for
noncompliance. The City of Aspen may require a bond or other financial
instrument insuring compliance with the agreement. The agreement shall be
reviewed and approved by the City Attorney. The agreement shall be recorded
before an application for a demolition permit may be accepted by the City. (Ord.
No. 22-2008, § 1)
7. Growth management allotments. The existing number of free-market residential
units, prior to demolition, may be replaced exempt from growth management,
provided that the units conform to the provisions of this Section. The
redevelopment credits shall not be transferable separate from the property unless
permitted as described above in Subparagraph 4, Location requirement. (Ord. No.
14-2007, §1)
8. Exemptions. The Community Development Director shall exempt from the
procedures and requirements of this Section the following types of development
involving Multi-Family Housing Units. An exemption from these replacement
requirements shall not exempt a development from compliance with any other
provisions of this Title (Ord. No. 22-2008, §1):
a) The replacement of Multi-Family Housing Units after non-willful demolition
such as a flood, fue, or other natural catastrophe, civil commotion, or similar
event not purposefully caused by the land owner. The Community
Development Director may require documentation be provided by the
landowner to confum the damage to the building was in-fact non-willful.
(Ord. No. 22-2008, §i)
City of Aspen Land Use Code
Part 400; Page 138
P17
To be exempted, the replacement development shall be an exact replacement
of the previous number of units, bedrooms, and squaze footage and in the
same configuration. The Community Development Director may approve
exceptions to this exact replacement requirement to accommodate changes
necessary to meet current building codes; improve accessibility; to conform to
zoning, design standards, or other regulatory requirements of the City; or, to
provide other azchitectural or site planning improvements that have no
substantial effect on the use or program of the development. (Also see
Chapter 26.312 - Nonconformities.) Substantive changes to the development
shall not be exempted from this Section and shall be reviewed as a willful
change pursuant to the procedures and requirements of this Section. (Ord. No.
22-2008, 41)
b) The demolition of Multi-Family Housing Units by order of a public agency
including, but not limited to, the City of Aspen for reasons of preserving the
life, health, safety, or general welfare of the public. (Ord. No. 22-2008, §1)
c) The demolition, combining, conversion, replacement, or redevelopment of
Multi-Family Housing Units which have been used exclusively as tourist
accommodations or by non-working residents. The Community Development
Director may require occupancy records, leases, affidavits, or other
documentation to the satisfaction of the Director to demonstrate that the
unit(s) has never housed a working resident. All other requirements of this
Title shall still apply including zoning, growth management, and building
codes. (Ord. No. 22-2008, §1)
d) The demolition, combining, conversion, replacement, or redevelopment of
Multi-Family Housing Units which were illegally created (also known as
"Bandit Units"). Any improvements associated with Bandit Units shall be
required to conform to current requirements of this Title including zoning,
growth management, and building codes. Replaced or redeveloped Bandit
Units shall be deed restricted as Resident Occupied affordable housing,
pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority.
(Ord. No. 22-2008, §1)
e) Any development action involving demising walls or floors/ceilings
necessary for the normal upkeep, maintenance, or remodeling of adjacent
~~ Multi-Family Housing Units. (Ord.:No. 22-2008, §S)
Sec. 26. .080.Major Planning and Zoni Commission applications.
The owing types of development sh a approved, approved with con ' ns or denied by
Planning and Zoning Commis' ,pursuant to Section 26.470.060 cedures for review,
above and the criteria for ea pe of development described b Except as noted, all
growth management appl ions shall comply with the ge ral requirements of Sectio
City of Aspen Land U ode
Part age 139
P18 ~ ~~,
b. Notice uirements: Publ' tion, posting
26.304.0 (E)(3)(a),(b), and (c
4.
mailing.
o. S azds of review: ction 26.440.030(A) or SPA designat' ,
.440.050 for review development within S
d. P&Z action: Re ution recommending t e City Council a royal,
conditions, or sapproval of the SPA.
Step Four - lic Hearing before th ity Council.
a. P ose: To review reco ndations by P1 g and Zoning Commission and to
termine if application r final develop t plan meets the standards for an S A.
b. Notice requireme :Requisite noti requirements for adoption of an or ance by
City Council publication, posting and mailing. (See 26.304.06. )(3)(a),(b),
and (c).)
c. Standaz of review: Se on 26.440.030(A) for SPA ignation, Section
26.4 50 for review o velopment within SPA.
d.~ty Council: Ord' ce approving, approving with cy~iditions, or disapproving
// SPA. ,,+'
D. Limitations. evelopment application for a f development plan shall submitted
within two (2) y s of the date of approval of onceptual development .Unless an
extension is ted by the City Council prior t xpiration, failure to file ch an application
within this a period shall render null an oid the approval of a c ceptual development
plan. A oval of a conceptual develo ent plan shall not co tote final approval fo
devel ent in a Specially Planned (SPA), or percussion proceed with develop
Su approval shall only constitute orization to proceed a development applicati n for
a development plan. (Ord. No. 7-2002 §§ 12-15, 2002)
~ 1~~~ 26.440.050 Review standards for development in a Specially Planned Area (SPA).
A. General In the review of a development application fora conceptual development plan
and a final development plan, the Planning and Zoning Commission and City Council shall
consider the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the pazcel in terms of land use, density,
height, bulk, azchitecture, landscaping and open space. '
2. Whether sufficient public facilities and roads exist to service the proposed development.
approval with
Section
City of Aspen Land Use Code. August, 2007.
Part 400, Page 90
P19
3. Whether the parcel proposed for development is generally suitable for development,
considering the slope, ground instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
4. Whether the proposed development creatively employs land planning techniques to
preserve significant view planes, avoid adverse environmental impacts and provide
open space, trails and similaz amenities for the users of the project and the public at
lazge.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
6. Whether the proposed development will require the expenditure of excessive public
funds to provide public facilities for the pazcel, or the surrounding neighborhood.
7. Whether proposed development on slopes in excess of twenty (20) percent meet the
slope reduction and density requirements of Section 26.445.040(B)(2).
8. Whether there aze suff dent GMQS allotments for the proposed development.
The burden shall rest upon an applicant to demonstrate the general reasonableness and
suitability of the proposed development, and its conformity to the standazds and procedures
of this Chapter and Section; provided, however, that in the review of the conceptual
development plan, consideration will be given only to the general concept for the
development, while during the review of the final development plan, detailed evaluation of
the specific aspects of the development will be accomplished.
B. Variations fitted The fmal development pl hall comply with the requirements
of the underl ' one district; provided, however, th ariations from those requireme ay
be allowed ed on the standazds of this Section. 'ations may be allowed for the owing
require s: open space, minimum distance een buildings, maximum hei . ;minimum
front d, minimum rear yazd, minimum a yard, minimum lot width, um lot azea,
tra access azea, internal floor azea ra ' ,number of off-street pazking s . es and uses, and
sign standazds of Chapter 26.41 ~ or streets and related improv ents. Any variations
allowed shall be specified in the agreement and shown on the development plan.
26.440.060
A. Conceptual~felopmentplan.
1. Cont of application. The contents o ; 'e development application for a con al
de opment plan shall include the fo wing:
a. The general application i nnation required in Common Dev pment Review
Procedures set forth at Ater 26.304.030.
City of Aspen Land Use Code. August, 2007.
Part 400, Page 91
P20 ~~ ~.~M / ~
r.
s
thereof Sixty (60) ent of the employee generati above eight (8)
employees shall be gated through the provision o ordable housing or
cash-in-lieu there
For exam a project generating 15 e oyees shall require employee
mitig n for a total of 5.4 employees follows:
st 4 employees = 0 employe tigation
Second 4 employees miti at 30% = 1.2 employees
Remaining 7 employe - itigated at 60% = 4.2 employee
Affordable housing sh be approved pursuant to S on 26.470.070.4,
Affordable Housing d be restricted to Category 4 rat defined in the Aspen
Pitkin County .sing Authority Guidelines, as ended. An applicant may
choose to pro a mitigation units at a lower C ory designation.
b) Up to free-mazket residence may b created pursuant to 26.470 .4 -
Mi enlazgement of a Historic Lan ark for commercial, lodge, xed-use
d elopment. This shall be cum rve and shall include a ative GMQS
approvals granted prior to doption of Ordinance No. ,Series of 2007.
Additional free-mazket (beyond one) shall be revi d pursuant to Section
26.470.080.2 -New e-Mazket Residential Units 'thin aMulti-Family o/
Mixed-Use Proiect.
~,' 1 2. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the Development Categories identified in Section 26.470.020,
(irrespective of direction) for which a Certificate of Occupancy has been issued for at least
two (2) years and which is intended to be reused, shall be approved, approved with (((~~~
conditions, or denied by the Planning and Zoning Commission based on the Generai ~
Requirements outlined in Section 26.470.050. No more than one (1) free-mazket residential ~
unit maybe created through the change-in-use.
3. Expansio Free-Market Residential Units within aMulti-F i y or Mixed-Use
City of Aspen Land Use Code. August, 2007.
Part 400, Page 134
Project et Livable Area expansio existing free-mazke sderitial units within a
mixe a project, or the Net Livab ea expansion afte emolition of existing free-
et residential units within ulti-family project 1 be approved, approved wi
conditions, or denied by Tanning and Zoni Commission based on the G rai
Requirements outlined ' Section 26.470.050 e remodeling or expansion xisting
multi-family resid al dwellings shall b empt from growth manageme s long as no
Demolition oc s, pursuant to Sectio 6.470.0403.
9. ffordable Housin a development of affordabl ousing deed restricted in
ac dance with the As itkin County Housing Autho ' Guidelines shall be approv d,
proved with condi ' s, or denied by the Planning oning Commission based~the
following criteria:
P21
-~
26.470.050
A. P ose:
The ' '" t of growth manageme to provide for orderly develo nt and redevelopment
of e City while provi ' " mifigation from the imp said development and
development creates. Brent types of development az egorized below as well e
necessary review pr sand review standazds for roposed development. A posal
may fall into m le categories and therefore multiple processes and dazds to
adhere to and Bet.
B. General Requirements:
All development applications for growth management review shall comply with the
following standazds. The reviewing body shall approve, approve with conditions, or deny
an application for growth management review based on the following generally applicable
criteria and the review criteria applicable to the specific type of development:
1. Sufficient growth management allotments are available to accommodate the
proposed development, pursuant to Section 26.470.030.D. Applications for Multi-
Year Development Allotment, pursuant to 26.470.090.1, shall not be required to
meet this standazd.
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and
the Conceptual Planed Unit Development approval, as applicable.
5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees
generated by the additional commercial or lodge development, according Section
26.470.100.A, Employee Generation Rates, aze mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved
pursuant to Section 26.470.070.4, Affordable Housing, at a Category 4 rate as
defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
6. Affordable housing Net Livable Area, for which the finished floor level is at or
above Natural or Finished Grade, whichever is higher, shall be provided in an
amount equal to at least thirty (30) percent of the additional free-mazket residential
Net Livable Area, for which the finished floor level is at or above Natural or
Finished Grade, whichever is higher.
Affordable housing shall be approved pursuant to Section 26.470.070.4, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County,
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category desigrrntion. Affordable housing units that are
being provided absent a requirement ("voluntary units") may be deed restricted at
any level of affordability, including Residential Occupied.
City of Aspen Land Use Code. August, 2007.
Part 400, Page 128
P22
7. The project represents minhnal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the
project. Public infrastructure includes, but is not limited to, water supply, sewage
treatment, energy and communication utilities, drainage control, fue and police
protection, solid waste disposal, parking, and road and transit services.
26.470.060
Applications:
The followin es of development shall be a oved, approved with conditions, or
denied by Community Development Direct ,pursuant to Section 26.470.110, Growth
Manage nt Review Procedures, and the c '. ria for each type of development described
belo Except as noted, all growth agement applications shall comply with e
eral Requirements of Section 26. .050. Except as noted, all administrative gr
management approvals shall be de cted from the respective Development Ceilin evels
but shall not be deducted fro the Annual Development Allotments. A nistrative
approvals apply cumulativel
1. Single-Family an uplex Development on Historic Land k Properties. The
development of a or multiple single-family residences or plex on a pazcel of land
designated Historic Landmazk and which contain historic resource shall be
approved the Community Development Direct This review applies to the
rehabil' ion of existing structures, recons on after demolitior3 of existing
stru es, and the development of new struc on Historic Landmark properties. No
rdable housing mitigation shall be re red provided all necessary approvals aze
obtained, pursuant to Section 26.415, D elopment Involving the Inventory of Hi c
Sites and Structures, and provided azcel contains a historic resource.
Development of single-famil r duplex structures on a Historic Lan ark property
that does not contain an uric resource (for example, a new ho on a vacant lot
which was subdivide om a historic landmazk property) s be subject to the
provisions of Secfio 6.470.060.2 -Single-Family and Dupl welling units.
2. Single-Fa y and Duplex Dwelling Units.
The fol 'ng types of development of sing
the ision of affordable housing in one o.
a. a development of a new single-f
permitted in the zone district, or dup
following conditions:
e- rly or duplex structures shall re e
e methods described in subpara h c:
multiple detached residenti 'ts when
;x dwelling, on a vacant 1 one of the
^ A vacant lot created b of Split, pursuant to Section 2 0.060(C).
^ A vacant lot create y a Historic Lot Split, pursuant ection 26.480.03'O.A.4;
when the subje of does not itself contain a histo ' resource.
• A vacant 1 at was subdivided or was a ally described pazcel prior to
Novem 14, 1977, that complies th the provisions of Se~n
26.48 20(E), Aspen Townsite Lots.
City of Aspen Land Use Code. August, 2007.
Part 400, Page 129
~, ~,,t,
~•
~~
1. The propose ccessory Dwelling Unit or C 'age House meets the requirements Sec-
tion 26.5 50, Design Standazds.
2. pplicable deed restriction f e Accessory Dwelling Unit or G ge House has
en accepted by the Aspen/Pi ' County Housing Authority and th ed restriction is re-
corded prior to an °--'~^^'~ ^~ b 'ldin 't.
C. Appeal of Dire
An appeal of a
as a Special 9~
a m g perms
made by the Community
v pursuant to subsection D,
shall be forwarded as a rep
elopment Director, shall be reuse
this case, the Community Dev ent
ion and a new applicatio ed not be
~D. Special Review.
An application requesting a variance from the ADU and Carriage House design standazds, or an
appeal of a determination made by the Community Development Director, shall be processed as
a Special Review in accordance with the Common Development Review Procedure set forth in
Section 26.304. The Special Review shall be considered at a public hearing for which notice
has been posted and mailed, pursuant to Secticn 26.304.060(E)(3)(a)(b and c).
Review is by the Planning and Zoning Commission. If the property is a Historic Landmazk, on
the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the ap-
plication has been authorized for consolidation pursuant to Section 26.304, the Historic Preser-
vation Commission shall consider the Special Review.
A Special Review for an ADU or Carriage House may be approved, approved with conditions,
or denied based on conformance with the following criteria:
The proposed ADU or Carriage House is designed in a manner which promotes the purpose
of the ADU and Carriage House program, promotes the purpose of the zone district in
which it is proposed, and promotes the unit's general livability.
2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in
chazacter to, the primary residence considering all dimensions, site configuration, landscap-
ing, privacy, and historical significance of the property.
3. The proposed ADU or Carnage House is designed in a manner which is compatible with or
enhances the chazacter of the neighborhood considering all dimensions, density, designated
view planes, operating characteristics, traffic, availability of on-street parking, availability
of transit services, and walking proximity to employment and recreational opportunities.
E. Inspe nand Acceptance.
to issuance of a Certificate of Oc ancy for an ADU or Carriage Ho the Aspen/Pitkin
ounty Housing Authority, or 'ef Building Official, shall ins a ADU or Carria
House for compliance with esign Standazds. Any un-appro ariations from thesen-
P23
City of Aspen Land Use Code. August, 2007.
Part 500, Page 46 '
~,
P24 ~ ~/1•~/
Arts, Culture and. Education ''
Intent
•Recognize the contribution of the arts,
culture and education to the quality of life
in Aspen. Support the arts and the cultural
community in its efforts to increase
awareness of its significance to the future
and quality of life in Aspen.
~ Philosophy
Walter Paepcke helped found Aspen as a
unique community where the life-long
improvement of mind, body, and spirit became
more than a dream. His vision created an
enlightened community in which arts, culture,
and education provide essential cornerstones of
our lifestyle, chazacter, and economy. Today,
these cornerstones aze increasingly vital to the
uniqueness of our community and to our
economic and spiritual well being. Therefore,
arts, culture, and education aze acknowledged
as essential to Aspen's thriving yeaz-round
economy, its vibrant international profile, and
its future as a unique place to live, work, and
learn.
culture, and education as a part of our daily
lives where citizens of all ages can think,
learn, Gaze, and achieve.
• Nurture intellectual and spiritual growth
that enriches our lives while challenging
our imaginations.
• Preserve and build upon our heritage.
• Celebrate social and ethnic diversity
through arts, culture, and education.
• Increase community support for all facets
of quality education.
• Make educational, cultural, and artistic
experiences more accessible for all valley
residents.
• Develop and cultivate local artists.
• Foster artistic, cultural, and educational
experiences where artists and audiences
interact.
• Recognize the extent to which arts, culture,
and education strengthen and stabilize our
year-round economy.
Policies
• Support the continued vibrancy of the arts
in our community.
The City of Aspen will continue to be an
innovative leader in arts, culture, and
education. It will foster artistic creativity and
excellence, promote cultural diversity, and
provide continuing learning opportunities. Our
city is dedicated to increasing community
awazeness and dialogue about arts, culture, and
education, and to providing access to all
residents and visitors of the Roaring Fork
Valley.
Our philosophy includes the desire to do the
following:
• Inspire our community to embrace arts,
• Support activities and education for youth.
^~
45
P25
'~ Economic Sustainability '•
Intent
•Maintain a healthy, vibrant and
diversified year-round economy that
supports the Aspen area community; to
maintain and enhance existing business and
cultural entities; aad, to support and
promote the "Aspen Idea" of "mind, body
and spirit."
•Enhance the wealth-generatingZ
capacity of the local economy while
minimizing the rate at which cash flows
through the local economy (°'thraughput")
and limiting the expansion of the physical
size of the community.
Philosophy
The Aspen community includes full- and
part-time citizens. We shaze our community
with a lazge number of guests. Our economic
and business decisions should support and
sustain the environment and future generations.
They should ensure balance and integration
between "Aspen the Resort" and "Aspen the
Community."
Aspen's economic base is real estate,
tourism, arts, and recreation, especially skiing.
Retail, lodges, services, professionals, and
nonprofit organizations also support and aze
supported by the resort economy. Essential to
long-term viability is the unique, varied, high
quality, and welcoming experience Aspen
offers to both residents and a diverse visitor
population. They demand a lively, small-scale
downtown with diverse and unique shops and
vaned choices of accommodations, including
small lodges.
- Generatine wealth involves increasing profits, wades,
and savings. -
Local ownership of business helps maintain
our community's unusual chazacter, tends to
return more money to the local economy, and
provides additional opportunities for upwazd
mobility of working people.
Externally-owned businesses can positively
affect the community too. For example, some
aze locally-serving businesses, which should be
supported because they make commerce more
convenient and strengthen the local economy
by causing transactions to take place in the
community that otherwise would take place
elsewhere (import replacement). Another
example: some externally-owned businesses
are locally-involved. They contribute
volunteers, cash, and in-kind support to
community and nonprofit activities.
The community and its governments should
support local ownership as well as extemally-
owned businesses that aze locally-serving and
locally-involved.
A vibrant economy requires positive
working relationships between people and
institutions, especially between the private and
public sectors. Therefore, we must foster
mutual respect, civility, and friendship, and
continually improve our capacity to work
together for the common good.
A sustainable community's economy can
get better without getting bigger. The
economy and local businesses strengthen their
positions, not by continually increasing
throughput but by maximizing benefit 5nd
profit with existing throughput.
31
P26
~~e%i~-~
26.520
ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
26.520.010 Purpose
26.520.020 Definition
26.520.030 Authority
26.520.040 Applicability
26.520.050 Design Standazds
26.520.060 Calculations and Measurements
26.520.070 Deed Restrictions, Recordation, Enforcement
26.520.080 Procedure
26.520.090 Amendments
~„~~~ 26.520.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) and Carriage House Program is to promote the
long-standing community goal of socially, economically, and environmentally responsible devel-
opment patterns which balance Aspen the resort and Aspen the community. Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents.
ADUs and Carriage Houses represent viable housing opportunities for working residents and allow
employees to live within the fabric of the community without their housing being easily identifiable
as "employee housing." ADUs and Carriage Houses also help to address the affects of existing
homes, which have provided workforce housing, being significantly redeveloped, often as second
homes.
ADUs and Carriage Houses support local Aspen businesses by providing an employee base within
the town and providing a critical mass of local residents important to preserving Aspen's character.
ADUs and Carriage Houses allow second homeowners the opportunity to hire an on-site cazetaker
to maintain their property in their absence. Increased employee housing opportunities in close
proximity to employment and recreation centers is also an environmentally preferred land use pat-
tern, which reduces automobile reliance.
Detached ADUs and Carnage Houses emulate a historic development pattern and maximize the
privacy and livability of both the ADU or Carriage Houses and the primary unit. Detached ADUs
and Carriage Houses are more likely to be occupied by a local working resident, furthering a com-
munity goal of housing the workforce.
To the extent Aspen desires detached ADUs and Carriage Houses which provide viable and livable
housing opportunities to local working residents, detached ADUs and Gamage Houses qualify ex-
isting vacant lots of record and significant redevelopment of existing homes for an exemption from
the Growth Management Quota System. In addition, detached ADUs and Carriage Houses deed
restricted as "For Sale" units, according to the Aspen/Pitkin County Housing Authority Guidelines,
as amended, and sold according to the procedures established in the Guidelines provide for certain
Floor Area incentives.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 41
P27
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) zone district is to establish lands for education and
cultural activities with attendant research, housing and administrative facilities. All development in the
Academic zone district is to proceed according to a conceptual development plan and final develop-
went plan approved pursuant to the provisions of Chapter 26.440, Specially Planned Areas.
B: Permitted uses. The following uses aze permitted as of right in the Academic (A) zone district:
1. Private school or university, teaching hospital, reseazch facility or testing laboratory, provided
that such facilities aze enclosed and there aze no adverse noise or environmental effects;
2. Auditorium and other facilities for performances and lectures;
3. Gallery;
4. Museum;
5. Library; and
6. Administrative offices.
C. Conditional uses. The following uses aze permitted as conditional uses. in the Academic (A) zone
district, subject to the standards and procedures established in Chapter 26.425.
1. Boazdinghouse and dormitory for housing students and faculty of schools and other academic
institutions;
2. Student health caze facility;
3. Student and faculty dining hall; and
D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and
conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual devel-
opmentplan and final development plan, pursuant to Chapter 26.440, specially planned azea.
City of Aspen Land Use Code. August, 2007
Part 700, Page 67
lv~v n '
AMENDMENTIPLICATION
I. INTRODUCTION
lo~~o
This amendment ("Amendment") is to that application submitted February 5,
2010, Permit # 0004.2010.ASLU for Lot 5, Stillwater Ranch, commonly known as the
Silver Lining Ranch, 1490 Ute Avenue, Tax Parcel ID # 2737-184-06-805.
The original application requests: 1) an Amendment to the Approved SPA
(Specially Planned Area) for the Silver Lining Ranch in order to permit use of the
existing structure as asingle-family residence while maintaining the ability to conduct
non-profit programs, 2) the additional use of single-family residential through a
change-in-use approval, 3) approval the off-site replacement of the existing specialized
internal multi-family housing units, and 4) permitted conversion of existing internal
space to an "attached" Accessory Dwelling Unit (ADU) through Special Review.
This Amendment is submitted pursuant to Section 6.470.070 of the Aspen Land
Use Code (the Code) by Haas Land Planning, LLC, on behalf of the property owner,
Little Star Foundation, Inc., and the contract purchaser of the property, KAT Ranch,
LLC (hereinafter jointly and collectively referred to as "applicant"). For the reviewer's
convenience, the following referenced supporting document is attached hereto as
Exhibit 1:
City of Aspen Ordinance #6, Series of 2010.
II. PROPOSAL
The applicant originally proposed to mitigate the removal of three affordable
housing united located within the existing structure on the property. The applicant
originally proposed paying acash-in-lieu fee to meet the multi-family replacement
requirements associated with the removal of the three affordable housing units. The
APCHA Housing Board reviewed and recommended approval of said proposal.
The applicant proposes an amendment to the original application as follows. In
the alternative to its original proposal to pay acash-in-lieu fee for the mitigation of the
employee housing units, the applicant proposes to replace the units, in-kind, through
the Ordinance #6, Series of 2010 Employee Housing Credit program ("Affordable
Housing Credit Program°).
Specifically, the contract buyer, KAT Ranch, LLC, has contracted with Ajax
Apartments, LLC ("Seller') for the purchase of 6.25 FTE Certificates of Affordable
Housing Credit, to be derived from a project located on real property described as the
._ _ .
__ _ ~o -to ~' ~~-
Silver Lining Ranch Application Page 1
North 60 feet of Lots H and I, Block 47, City and Townsite of Aspen, commonly known
as 301 West Hyman Avenue, Aspen ("301 West Hymari'). Seller's approval of the 301
West Hyman project is pending and, pursuant to the Affordable Housing Credit w`
Program, certificates are not issued until completion of the units. Accordingly, Seller's
delivery to KAT Ranch, LLC of the 6.25 FTE Certificates of Affordable Housing Credit is
conditional upon Seller receiving approval of the project and constructing the units.
KAT Ranch, LLC's contract provides that Seller is obligated to seek in good faith,
approval of the project and, thereafter, to diligently pursue construction of the units
and delivery of title to the certificates to KAT Ranch, LLC. The contract also provides
for termination if title to the certificates is not delivered by June 1, 2011.
Accordingly, the applicant proposes providing in-kind replacement housing,
with the conveyance to the appropriate party, City or APCHA, of 6.25 FTE Certificates
of Affordable Housing Credit to be derived from 301 West Hyman, so long as Seller
delivers to KAT Ranch, LLC said certificates pursuant to the contract by June 1, 2011.
If the Affordable Housing Certificates are the acceptable and preferred
mitigation, the applicant proposes paying to the appropriate entity the $1,161,149.50
cash-in-lieu amount immediately upon approval of the land use entitlements requested
in the application, and issuance of any certificates of occupancy necessary to allow
immediate single-family occupancy and use of the Silver Lining Ranch. If Seller
delivers title to the Affordable Housing Certificates to KAT Ranch, LLC in accordance ,.~,,
with the contract on or before June 1, 2011, on behalf of the applicant, KAT Ranch, LLC
shall convey the certificates to the appropriate entity in exchange for reimbursement of ,..W
$1,161,149.50. In the event Seller does not deliver title to the certificates by June 1, 2011,
the applicant proposes the appropriate entity retain the cash-in-lieu fee is a final
settlement of the mitigation.
III. REVIEW REQUIREMENTS
The applicable review standards of the Code for the amendment are found at
§26.470.070.5, GMQS for Demolition of Multi-Family Housing.
GMOS for Multi-Family Housing Replacement
There are three (3) deed-restricted affordable housing (AH) units designed as an
integral part of the Silver Lining Ranch main structure, which units can only be
accessed from within the building, through other open, functioning rooms of the
building. There are no separate exterior entrances to any of the units and they cannot
be locked-off from the building without completely eliminating any ingress and egress
to them. The applicant proposes to remove the deed restriction from these units,
thereby eliminating their legal existence as separate units.
~-,
Silver Lining Ranch SPA Amendment Application Page 2
A. The three existing deed-restricted affordable housing units are considered
to house a total of 6.25 employees (two, 2-bedroom units and one, 1-bedroom unit). The
ADU that the applicant is proposing to keep within the existing structure will not
satisfy any mitigation requirements of the Code. Therefore, 6.25 employees are being
mitigated under the multi-family replacement requirements.
Section 26.470.070.5(1)(c) of the Code, adopted March 22, 2010 in Ordinance #6,
Series of 2010, states that,
multi- amily housing units: Only one (1) of the following two (2) [sic] options is
required fo be met when combining, demolishing, converting or redeveloping a
free-market multi family residential projecf. To ensure fhe continued vitality of
the community and a critical mass of local zoorking residents, no net loss of
density (total number of units) between the existing development and proposed
development shall be allowed.
(c) One-hundred percent affordable housing replacement. When one-hundred
percent of the free-market multi family housing units are demolished and are
solely replaced with deed-restricted affordable housing units on a site that are not
required for mitigation purposes, including any net additional dwelling units,
pursuant to Section 26.470.070.4, Affordable Housing; all of the units in the
redevelopment are eligible fora Certificate of Affordable Housing Credit,
pursuant to Section 26.540 Certificate of Affordable Housing Credit.
The applicant is proposing to replace 100% of the affordable housing with a
Certificate of Affordable Housing Credit for 6.25 FTE.
B. Section 26.470.070.5(3) of the Code involves allowing cash-in-lieu payment
when replacing a fraction of a unit. Although the applicant must replace a fraction of a
unit, the Affordable Housing Credit Program allows for replacement of fractions with
Affordable Housing Credit. Accordingly, the applicant proposes replacing the fraction
of a unit with a credit through the Affordable Housing Credit Program, but is also
offering immediate payment of cash-in-lieu as further assurance should Seller not
deliver the credit certificates.
C. Section 26.470.070.5(4) of the Code states that,
Multi family replacement units, both free-market and affordable, shall be
developed on t)te same site on zohich demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that
replacement of the units on site would be in conflict with the parcel's zoning or
would be an inappropriate solution due to the site's physical constraints.
Silver Lining Ranch SPA Amendment Application Page 3
When either of the above circumstances result, the owner shall replace the
maximum number of units on site which t)ze Planning and Zoning Commission
determines that the site can accommodate and may replace the remaining units off
site, at a location determined acceptable to the Planning and Zoning Commission.
A recommendation from the Aspen/Pitkin County Housing Authority shall be
considered for this standard.
The applicant believes that application of this Section of the Code is significantly
impacted by the adoption of the Affordable Housing Credit Program. One of the two
purposes of new Section 26.540, is to create a new option for housing mitigation and
this is achieved by opening up off-site mitigation options. In addition, the Program was
adopted to encourage employee housing development that is not related to specific
properties and specific land use proposals. Developers of affordable housing for credits
need a market to be encouraged to develop and housing credit buyers need an incentive
to consider buying. If a developer is forced through the same on-site analysis currently
required under Code Sections 26.470.070.5(1)(a) or (b), there is no new market, no new
option, and no incentive to participate in the Program. Because the very nature of the
entire Affordable Housing Credit Program relates to off-site mitigation under Section
26.470.070.5(1)(c), Section 26.470.070.5(4) is not a relevant standard of review for any
proposal to mitigate under Section 26.470.070.5(1)(c).
Notwithstanding the foregoing, the applicant's earlier statements in the original
submittal regarding compliance with this section remain applicable.
D. Section 26.470.070.5(5) of the Code discusses the timing of the replacement
of the units. The applicant proposes replacing the housing with the credits as soon as
the project can be approved and constructed. Recognizing this may be a lengthy
process, the applicant proposes providing the cash-in-lieu value of the replacement
housing immediately, pending the approval and construction of the units and credits.
This proposal provides the community the most immediate availability of funds and or
replacement housing as possible.
E. Section 26.470.070.5(6) requires a development agreement for the
replacement units. As with 26.470.070.5(4), due to the creation of the Affordable
Housing Credit Program, this standard is not completely relevant. That said, because
the current proposal relates to the conveyance of certificates for credits rather than the
actual units, there is necessarily amiddle-man, the Seller. The proposal provides
financial assurances that in the event the Seller fails to deliver the certificates, the
applicant will have already provided the cash-in-lieu value of the units.
F. Section 26.470.070.5(7) addresses the treatment of redevelopment credits
and the City's Growth Management System. The proposal is in compliance with this
standard.
Silver Lining Ranch SPA Amendment Application Page 4
IV. CONCLUSION
By utilizing an affordable housing credit program in its infancy, this amendment
ensures the application is fully compliant with the Land Use Code. The applicant is
guaranteeing that the employee housing will be replaced with cash-in-lieu or with
actual units approved thought the Affordable Housing Credit Program process after
thorough review and consideration.
Silver Lining Ranch SPA Amendment Application Page 5
~ ~ P1
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments -Calculations and Measurements
Resolution No. _ Series 2010 -Public Hearin
DATE: May 18, 2010
SUMMARY:
The City of Aspen Community Development Department has initiated amendments to the Aspen
Land Use Code section for Calculations and Measurements. Attached, please find a first draft of
amendments to this section. Staff would like to provide a general overview and gain some P&Z
comments in order to prepare a next draft. Staff recommends continuation of this item after the
discussion.
P2
26.575.020. Calculations and measurements.
chimneys, mechanical eouinment, proiections into yards, etc. The definitions of the terms are
set forth at Section 26.104.100.
C Measuring Lot Areu and Slope Reduction. The method for calculating a parcel's Lot
Area for the purpose of determining allowable Floor Area, allowable Floor Area Ratio
and allowable density of a parcel shall be as follows:
Deleted: The purpose oflhis.Section is
to set forth supplementul reguladvns
which relate to methods for calculating
and mcrrsuring cerlrrin enumerated
terms us wcd to this Title. The
I Formatted: Font: Bold, Italic
••. ..- Formatted: Font: Bold
Formatted: Tabs: 0.25", Left
Formatted: Font: Not Italic
__ Formatted: Font: Not Italic
Formatted: Font: Not Italic
rormatcea rsore
Percent of parcel to be Percent of parcel to be
i
l
d i
d
i
l
d Formatted: Centered
nc
u
e
n Lot Area to nc
ude
in Lot Area to
determine allowable Floor determine allowable Densiri
Area
Areas of a parcel with 0% to Formatted: Centered
20% S10Ue 100% 100%
Areas of a parcel with more For properties in the R-15B - Formatted: Centered
than 20% and up to 30% sloe Zone - 100%
For all otherproperties - 100%
50%.
Areas of a parcel with more For properties in the R-15B o ~~- - ~ormatted: Centered
than 30% slope Zone - 100% 100 /o
Formatted: Right: 0.25"
produce an aggregated structural component that extends beyond the setback limit of a
ag rage.
Non-conforming aspects of a property or structure are limited to the specific nature of the
P3
For all other properties - 0%.
Areas below the high water ____
line of a river or body of 0% _
0% `
water.
Areas dedicated to the City or __
Coun for open space or a I00% __
100%
,public trail.
Areas within an existing,
nro~osed, dedicated, or
vacated public or private 0% '
vehicular ri;~ht-of--way or 0%
vehicular easement, includine
emergency access easements.
Areas of a pope subject to
above ground or below
ground surface easements
such as utilities or an 100% 100% t
irri>;ation ditch that do not
coincide with vehicular
easements.
Notes:
3 Areas of a property within a shared driveway easement shall not be excluded from
~. Measuring Floor A,,rea. In
t7oor area, the following applies:
1. General. In measuring ~ building for the
and allowable floor area, there shall be inc
exterior walls pf the building or portion therf
walls, the measurement shall be taken from
Veneer and all exterior treatments shall be ;
-- --
and allowable
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Bullets and Numbering
Deleted: A
Deleted: a
Deleted: floor area
Deleted: chat
Deleted: floor
Deleted: (measured from their errterior
surface)
Deleted: a
Deleted: ~
Deleted: included
Deleted:.
Formatted: Right: 0.25"
P4
2. Vertical circulation. When calculating areas with
counted as if it were a solid floor.
_ - Deleted: each floor-to-floor staircase is
- counted only once.
4. Decks, B~Iconies, L~~gias and Exterior fairways. The_calculation of the floor . ~ Deleted: z
- _-- ,;
area of a building or a portion thereof shall not include decks, balconies, exterior ':; - - ~ Deleted: b
stairways, gazebos and similar features, unless the area of these features is greater ~~ Deleted:
than fifteen ercent 1J% of the maximum allowable floor area or the, rope If j Deleted: I
Deleted:s
be
of Deleted: of
ed Deleted: building
- Deleted: (the excess of the fifteen
~----- percent [15%] shall be included).
5. Porches. Porches on Street-facine facade(s) of a structure within thirty~30~
inches of the ground level shall not be counted towards allowable Floor Area. _ ...--- Deleted: analandseapeaterraoes
Otherwise, these elements shall be attributed to Floor Area as a Deck. Deleted: F.a>z
#. Patios and Landscape 'Terraces. Patios and Landscape Terraces within thirty (30)
inches of the ground level shall not be counted towards allowable Floor Area.
,~. Garag_es andlcarport~, In all zone districts except the R-I5~ Zone District, for the
purpose of calculating floor area ratio and allowable floor area for asingle-Family or
Duplex structure, garages an carports hall be excluded as follows:
Sire of Garage or Carport Area excluded per dwelling unit
First 0 to 250 square feet 100% of the area
Next 251 to 500 square feet 50% of the area
Areas above 500 square feet No area excluded.
Deleted: ¶
3
Deleted: ,
Deleted: and storage azeas
Deleted: -
Deleted: s lot whose principal use is
residential
Deleted:,
Deleted: a»d storage azeas
Formatted: Right: 0.25"
3-'
edges of a sleeping loft within a roof vault shall be counted as Floor Area.
For any dwelling unit which can be accessed from an alley or private road entering at
the rear or side of the properly, the garage or carport area shall only be excluded from
P5
~'or garages that are part of a ~ubgrade area,_the garage_exem tion is taken from the
- -- P - - - .._.
total.,g oss below-grade area before the subgrade calculation takes place. need math `,
exam le
In the R-15B Zone District s?arage and cal-gort areas shall be excluded up to a '.
maximum five-hundred-square-foot exemption total for the property.
exclusion.
7, Sub~rade areas. To determine the portion of subgrade areas_ that are to be ~'~,
included in calculating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or fmished ~'~,
grade, whichever is lower, the total percentage of exterior surface wall area
that is exposed above the most restrictive of the grades shall be the total
percentage of the gross square footage of the subject story included in the
floor area calculation. Subgrade stories with no exposed exterior surface wall
area shall be excluded from floor area calculations.
area associated with structural components of the foundation or floors of the
structure. (a;raphicl
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit; all garage, carport and
storage areas between two hundred fifty
(250) and five hundred (500) squaze feet
shall count fifty percent (SD°h) towards
allowable floor area; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part ofthe
residential floor area calculation. For any
dwelling unit which can be accessed from
an alley or private road entering at the
rear or side of the dwelling unit, the
garage shall only be excluded from floor
area calculations up to two hundred fifty
(250) square feet per dwelling unit if it is
located on said alley or road; al] garage,
carport and storage areas between two
hundred fifty (250) and five hundred
(500) square feet shall count fifty percent
(50%) towards allowable floor area. For
the purposes of determining the
exclusion, if any, applicable to garages,
carports and storage areas, the area of all
structures on a parcel shall be ag6nzgated.
Deleted: basement
Deleted: In the R-1B Zone District,
gazage, carport and storage areas shall be
limited to afive-hundred-sgtrare-foot
Formatted: Indent: First line: 0"
,Example: If fifteen percent (15%) of the exterior surface wall area has been ...- -1 Deleted: Q
exposed above natural or fmished grade (whichever is lower), then fifteen
percent (15%) of the gross square footage of the subject story will be included
as floor area.)
,~. Accessory Dwelling Units and Carria;;e Houses. An accessory dwelling unit o_r .-.-
-- - -
carriage house shall be calculated and attributed to the allowable floor area for a
parcel with the same inclusions and exclusions for calculating floor area as defined in
this Section, unless eligible for an exemption as described below:
Detached and permanently affordable ADU or carriage house floor area exemption.
One hundred percent (100%) of the floor area of an ADU or carriage house which is
detached from the primary residence and deed-restricted as a "for sale" affordable
housing unit and transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded
from the calculation of floor area, up to a maximum exemption of one thousand two
hundred (1,200) square feet per parcel.
Deleted: b.. For any dwelling unit that
can be accessed from an alley or private
road entering at the rear or side of the
dwelling unit, the garage or carport shall
only he eligible for the exclusions
described in Subparagraph a. above if it is
located along said alley or road.¶
c.. In the R-15B Zone District only,
garages, carports and sorage areas shall
be excluded from residential Moor area
calculations up to a maximum of five
hundred (500) square feet per dwelling
unit.¶
5.. (Repealed by Ord. No. 56-2000, §8)Q
6
~. Affordable Housin Bg onus. The floor area of a parcel containing asingle-family ..- Deleted: ~
or duplex residence and a permanently affordable "for sale" ADU or carriage house
Formatted: Right: 0.25"
4-
P6
located on the same parcel which has been transferred to a qualified purchaser in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended,
shall be eligible for an affordable housing floor area bonus equal to or less than fifty
percent (50%) of the floor area of the associated ADU or carriage house, up to a
maximum bonus of six hundred (600) square feet per parcel.
~2. Allocation of Non-Unit Space in a mixed-use building: In order to determine the -
total floor area of individual uses in a mixed-use building, the total floor area for non-
unit space shall be allocated on a proportionate basis of the use categories outlined in
the subject zone district's FAR schedule. The building's gross floor area, minus all
non-unit space, shall be divided amongst the individual use categories in a building.
These numbers shall then be calculated as a percent of the gross floor area number
that does not include the non-unit space. A proportionate share of the non-unit floor
area shall then be allocated towards each use category. This provision shall apply to
all zone districts permitting mixed-use buildings.
For instance, if a building was comprised of the following square footages:
?,000 sq. ft. commercial floor area
+ 4,000 sq. ft. free-market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1.000 sa. ft. nonunit floor area
= 9,000 sq. ft. total floor area
Then the total unit floor area in the building would be eight thousand
(8,000) square feet floor area. Using the allocation of nonunit space
standard, the uses account for the following percentages of the total unit
floor area:
Deleted: 8.. Linked Pavilion. Any
element linking [he principal structwe to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) Feet
wide and ten (10) feet long. Areas of
linking structures in excess often (]0)
feet in length shall be counted in floor
area¶
9
Formatted: Right: 0.25"
5-'
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right-of--way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non-historic structures.
P7
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 2~%
Therefore, the one thousand (1,000) square feet of non_unit space is
allocated to the different uses as follows:
commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
(Ord. No. 12-2007)
- - Formatted: Font: Italic, Underline
- Formatted: Font: Italic, Underline
ra hic
line. jgraphicl
rear lot line. [rag phicl
The reward setback shall be measured from the rear lot line. The Rear Lot Line shall
be the parcel boundaly opposite the front lot line A Qarcel shall have only one rear lot
line.
Formatted: Right: 0.25"
6-~
E. Measurine Setbacks.
P8
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. A parcel may have more than two
side lot lines.
Formatted: Font: Not Bold
r~ulations along the closest boundary of the right-of-way to the uroposed structure.
right-of-wad
Q C
i ~ i
Figure 575.1 Required Setback From a Private Road or Right-of--Way
->r. Combined Yards. Where zoning_provisions require a combined setback (either front-
rear or side-side), the setbacks shall be consistent along the affected parcel boundaries.
ra hic
~. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and . - Formatted: Font: Not Bold
below >?round except for the following allowed projections:
Formatted: Right: 0.25"
?r.
P9
a Above or below gro und utilities including. dry wells or other drainage
infrastructure.
b. Trees and vegetation.
Fla gpoles, mailboxes
c Foundation footers so il nails or below-made tiebacks, and similar improvements
necessary for the struct ural integrity of a building:
d The minimum project ion necessary to accommodate exterior mounted utility
functions meters cab le boxes vent flues standpipes, and similar apparatus as
may be required or pra ctically necessary.
f Balconies not utilized as an exteriorpassageway may extend the lesser of one-
third ('/3) of the way between the required setback and the property line or four (41
feet 'This_proiection is allowed for balconies only and does not permit projections
of other improvements, such as garages or carports.
g The minimun- projection necessary to accommodate anexterior-mount fire escape
to an existin~T buildino as may be required by adopted Building or Fire Codes.
j Driveways not exceeding twenty-four (24) inches above or below natural trade
within any setback of a Ord facing a Street. Within all other required setbacks,
k Hot tubs spas and permanently affixed outdoor Brills, furniture, seating areas,
and similar permanent structures shall be prohibited in all yards facing; a Street.
These elements may be placed within non-street facingyards but shall not exceed Formatted: R;9nc: o.zs^
8-
i Fences and hedges less than forty-two (42) inches in height, as measured from
Supplementary Regulations -Section 26.575.00, Fences.)
P10
thirty (30) inches above or below finished grade. These features may be up to
thirty_(30) inches above and below finished grade simultaneously.
I. Heating and air conditioning equipment and similar mechanical egLuipment shall
be prohibited in all yards facing a Street. Mechanical equipment Inay be placed
within non-street facing, yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above and
below finished grade simultaneously.
m. The hei h~placement of energy production systems located independent of a
building, shall be established by the Planning and Zoning Commission pursuant to
the procedures and criteria of Chapter 26.430 -Special Review.
n. Wildlife-resistant dump_ster enclosures located in residential zone districts shall be•- Formatted: [ndent: Left: o.zs^,
prohibited in all yards facinga Street. These facilities mad be placed within non- Hanyin9: o.2s^
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles in both height and footprint, is an unconditioned
space not integrated with other structures on the property, and serves no other
purpose such as storage=garage space, or other purposes unrelated to protecting
wildlife. Wildlife-resistant dumpster enclosures located in commercial, mixed-
use, or lodging zone districts are not exempt from setback requirements and shall
comply with zone district requirements for Utility/Trash/Recycle areas.
Temporary intermittent placement of trash containers in or along yards facing a
Street is allowed.
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of--way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non-historic
structures
~..
2. For properties in the Commercial Core (CC), Commercial (C1), Commercial--
Lod~CL), Neighborhood Commercial (NC) and Service Commercial Industrial
(SCI) Zone Districts, the height of the building shall be the maximum distance
measured vertically, as described above, to the top, ridge or parapet of the
--- Deleted: B
`~ Deleted: h
Formatted: Bullets and Numbering
Deleted: 1.
Formatted: Indent: Left: 0.25"
Formatted: Bullets and Numbering
structure, inclusive of all roof sheathing, materials, veneer and the like. .Formatted: Right: 0.25~
9~'`
P11
3 Pot properties in all other Zone Districts the height of the building shall bey'
according to the type of roof as follows:
--.. .
a. _Flat roofs or roofs wish a slope of less than 3:12. The height of the building
shall be the maximum distance measured vertically from the ground, as
veneer treatments or ornamentation such as a wido_w's walk a hie __
b. _Roofs with a slope from 3:12 to 7:12. For roofs with a slope froth 3:12 to
7:12, height shall be leasured vertically from the ground, as described
above, ~o_ the mean height between the eave point and ridge as measured to
other veneer treatments or ornamentation such as a widow's walk„ The ridge
of goof shall not extend more than five (~) feet above the maximum
height tnnit.
c. _Roofs with a slope ,ire,
greater, height shall be
or
Formatted: Bullets and Numbering
Deleted: <#>Methods of measurement
for varvine tvoes of roofs. ¶
In the Commercial Core (CC),
Commercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/Commercial/]ndustrial (S/C/i)
Zone Districts, the height of the building
shall be the maximum distance measwed
vertically from the natural or finished
grade, whichever is lower, to the top,
ridge or parapet of the structure. For
structures in all other Zone Districts, the
height shall be measured as follows:
Deleted: from the natural or finished
grade, whichever is lower
Deleted: a
Deleted: flat
Deleted:,
Deleted: mansard or other roof with a
slope of less than 3:12.
Deleted: from dte natural or finished
grade, whichever is lower,
Deleted: of a gable, hip, gambrel or
other similar pitched roof
Deleted: a gable, hip, gambrel or other
Deleted: over
membrane of the roof but excluding exterior surface treatments such as
shakes shingles or other veneer treatments or ornamentation such as a
widow's walk. There shall be no limit on the height of the ridge.
f. Dormers shall be excluded from the calculation of height , if the footprint of
the dormer exceeds 50% of the roof
4. Allowed Exceptions to Height Limitations '~
8:12 or greater, t]
the ridge,
ied maximum height limi~or roofs with a pitch of
elements may not extend more than two (2) feet above
Communications Equipment. Antennas satellite dishes, and similar
communications equipment and devices shall comply with (telecom sectionl
Deleted: of
Deleted: 8
Deleted: or greater
Deleted: g
Deleted: the natural or finished grade,
whichever is lower,
Deleted: Chimneys and other
appurtenances may extend up to a ... ~t~
Formatted ~- nt
Deleted: d. .
Deleted: antennas
Deleted: other
Deleted: appurtenances
Deleted: Antennas,
Deleted: c
Deleted: or
Deleted: shvctures
Deleted: over
Deleted:,except
Deleted: f
Deleted: .
Formatted: Right: 0.25"
l 0-'
P12
c. Rooft op Railings. Roofto p railings=parapet walls , and similar safety devices
perm ittin rg ooftop acces s shall not extend more than five (5) feet above the
heig ht of the buildin ag, t the point the railing con nects. RailinQS and the like
may extend above the sp ecified maximum height by that amount necessar~to
prov ide adequate safety and building code comp liance if the railing; is more
than 50% transparent.
Deleted: Water towers,
Deleted:
Deleted: over
e_Church spires, bell towers and like architectural projections, as well as flag
poles, may extend over the specified maximum height limit.
~. Exceptions for buildings on slopes. The maximum height of a building's front-;`
(street-facing} facade may extend for the first thil-ty (30) feet of the building's
depth.
g. exceptions for lightwells._ Exceptions for areaways, light wells and basement :~
- - - -- -
stairwells. An areaway, light well or basement stairwell of less than one
hundred (100) square feet, entirety recessed behind the vertical plane
established by the portion of the building facade which is closest to the street
and enclosed on all four (4) sides to within eighteen (18) inches of the first
floor level shall not be counted towards maximum permissible height.
Measuring,Site coverage. Site coverage is typically expressed as_ a percentage._
When calculating site coverage of a structure or building, the exterior walls of the
structure or building at ground level should be used. When measuring; to the exterior
walls, the measurement shall be taken from the exterior surface of the sheathing Veneer
and all exterior treatments shall be excluded from the calculation of site coverage.
Porches, roofs or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
11-.
Deleted: 2
Formatted: Indent: Left: 0.5"
Deleted: 3.
Deleted: C.. /_ot u~crt. Except in the
R-15B Zone District, when calculating
floor area ratio, lot areas shall include
only areas with a slope of less than
twenty percent (20 % ). In addition, half
(.50) of lot areas with a slope of twenty to
thirty percent (20-30%) may be counted
towards floor area ratio; areas with slopes
of greater than thirty percent (30%) shall
be excluded. The total reduction in FAR
attributable to slope reduction for a given
site shall not exceed twenty-five percent
Also excluded from total lot area for the
purpose of floor area calcu]ations in all
zone districts is that area beneath the high
water line of a body of water and [hat
area within a vacated right-of--way or
within an existing or proposed dedicated
rightof--way or surface easement. Lot
area shall include any lands dedicated to
the City or County for the public trail
system, any open irrigation ditch or any
lands subject to an above ground or
below ground surface easement such as
utilities that do not coincide with road
easements. When calculating density, lot
area shall have the same exclusions and
inclusions as for calculating Floor azca
ratio except for exclusion of areas of
Formatted:
P13
Measurement_o~'~molition. The City Zoning Officer shall determine if a building __,-.--- ~eieted: a
is intended to be or has been, demolished by applying the following process of ~ - ne~eted: d __ _-
calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram
showing the following:
1. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade and all existing roof assemblies. Not counted in
the existing exterior surface area calculations shall be all existing fenestration
(doors, windows, skylights, etc.).
2. The exterior surface area, as described above, to be removed. Wall area or roof
area being removed to accommodate new or relocated fenestration shall be
counted as exterior surface area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with
an area tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element in addition to the necessary subsurface components for its structural integrity,
including such items as studs, joists, rafters etc. If a portion of a wall or roof structural
capacity is to be removed, the associated exterior surface area shall be diagrammed as
being removed. If a portion of a wall or roof involuntarily collapses, regardless of the
developer's intent, that portion shall be calculated as removed. Recalculation may be
necessary during the process of development and the Zoning Officer may require updated
calculations as a prof ect progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New,
relocated or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Sub-grade elements and interior wall elements, while potentially necessary
for a building's integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of
the exterior to be removed shall be divided by the surface area of all portions of the
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
use this percentage to determine if the building is to be or has been demolished according
to the definition in Section 26.104.100, Demolition. If portions of the building
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly
understand the structural capacity of elements intended to remain may result in an
involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Landowner's intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition. Additional requirements or restrictions of this
Title may result upon actual demolition.
Formatted: Right: 0.25"
12-
P14
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2~; Ord. No. 12-2006, §19;
Ord. No. 12, 2007, §32)
definition et leasable commercial and office space. Tho
commercial or office building which are, or which are designed to
commercialpurposes,_ _
dining rooms, coat rooms, bathrooms, storage, stora~_ rooms, walk-in refrigerators or
freezers, changing rooms, waiting rooms and similar space which may be leased to a
common stairways, common circulation corridors, common mechanical areas,
storage areas or similar common spaces not intended or designed to be leas
individual tenant.
leasable space up to a maximum exemption of l00 square feet. Seasonal airlocks '~.1,'~.
installed on the exterior of a building shall be considered Net Leasable Area and shall be ':i
required to provide affordable housing and other mitigation according to the proportion '~,
of the year in which it is instal led.
Deleted: 26.575.040.. Yards.¶
d.. Projections info required yards.
Yards shall be unobstructed from the
ground to the sky except for the following
allowed projections:¶
1.. Building eaves -Eighteen (1g)
inches;¶
2. Architectural projections -Eighteen
(18)inches;$
3.. Balconies not utilized as an exterior
passageway tray extend the lesser of one-
[hird ('h) of the way between the required
setback and the property line or four (4)
feet.¶
4. Fire escapes required by the
International Building Code -Four (4)
feet;¶
5.. Uncovered porches, slabs, patios,
walks, retaining walls, steps and similar
structures, which da not exceed thirty
(30) inches above or below natural grade
or finished grade, whichever is more
restrictive, shall be petmined to project
into the yard without restriction.
Projections tnay exceed thirty (30) inches
below Bade if determined to be required
by the Chief Building Official for
window er~ress.¶ ~ rat
;Deleted: Icased to a tenant and
; Deleted: or office
Formatted: Font: Italic
Formatted ,. 4
Deleted: ,exclusive of any
Unless specifically exempted through other provisions of this Title, outdoor displays '~
' Deleted: including, but not necessarily
outdoor vending, vending machines, and sim
ilar commerci
al activities located outside , limited to, azeas dedicated to
(not within a building) shall also be included in the calcula tion of Net Leasable Space. `~~
~ Deleted: and
The calculation of such area shall be the ma ximum footprin t of the display or vending ' Deletes: provided, However, tnattnese
t
F
i
i
i
i
l
i areas aze used solely by tenants o ... S
appara
us.
or vend
ng carts or s
m
lar comm activitie
erc
a s requir
ng an attendant, the
calculation shall also include a reasonable amo unt of s ace fo
p r the attendant. Formatted: Indent: Left: o", First
line: 0"
+-"- -' Formatted: Indent: Left: 0.38",
First line: 0"
ldefinitionl Net livable area. The areas within a buildin which are, or which are+- "Formatted: Indent: Hanging: 0.03"
desi~med to be, used for habitation and human activity, Deleted: available
." Formatted: Font: Italic
~Yleasurement of Net Livable Area. The calculation of Net Livable Area shall+ :•_"
- Formatted
include all interior space measured from interior wall to interior wall, including interior "
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to on]Y one Formatted: Font: sold, Italic
unit, habitable basements, and storage areas, closets and laund areas accessible from "Deleted` `rite"°`
- _ .ry- - ___- ,...
--------
the interior of a unit. Net livable Area shall not include,~olnlnon circulation areas, Deleted: ;butexeluaing
common lobbies common stairwells, common elevator corridors, or similar common ,Deletes: exterior
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area ~~. Deleted: Stairwells,
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned '.. Deleted: (attached or ttnattache
„•,.
Storage accessible only from the exterior, ,garages, parports, patios, decks~,porches or ~.~__ - Deleted: and
Silnllar Spaces, ". Formatted: Right: 0.25"
P15
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
Formatted: Right: 0.25"
14•"',
or efficiency exists. Approval shall be in the form of a recordable administrative decision.
administrative decision.
P16
Page 10: [i] Deleted thrlsb 4/9/2010 11:54:00 AM
Chimneys and other appurtenances may extend up to a maximum of two (2) feet
above the ridge.
26.575.040. Yards.
A. Projections into required yards. Yards shall be unobstructed from the ground to the
sky except for the following allowed projections:
1. Building eaves -Eighteen (18) inches;
2. Architectural projections -Eighteen (18) inches;
Balconies not utilized as an exterior passageway may extend the lesser of one-
third ('/3) of the way between the required setback and the property line or four (4)
feet.
4. Fire escapes required by the International Building Code -Four (4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar
structures, which do not exceed thirty (30) inches above or below natural grade or
finished grade, whichever is more restrictive, shall be permitted to project into the
yard without restriction. Projections may exceed thirty (30) inches below grade if
determined to be required by the Chief Building Official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from
natural grade, are permitted in all required yard setbacks. (See Supplementary
Regulations -Section 26.575.00, Fences.).
Driveways. Driveway access shall not exceed a depth or height greater than
twenty-four (24) inches above or below grade within the required front yard
setback. Within all other required setbacks, driveway access shall not exceed a
depth or height greater than thirty (30) inches above or below grade. Parking is
only permitted within required setbacks if it is in an approved driveway or other
area approved for parking.
8. Exterior merchandizing. Exterior merchandizing in nonresidential zone districts
shall be prohibited in all required yard setbacks.
Mechanical equipment. Mechanical equipment shall be prohibited in all front
yard setbacks. On corner lots, mechanical equipment may not be placed in the
setback of any yard facing a street.
10. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures
that meet the requirements of Chapter 12.08 of this Code (Wildlife Protection)
shall be allowed in the setbacks. Permanent placement of trash containers shall be
P17
prohibited in all front yard setbacks. On corner lots, permanent placement of
trash containers shall not be permitted in the setback of any yard facing a street.
B. Required yards adjacent to private streets or rights-of--way. Where there is no public
dedication and the lot line extends into the right-of--way, the required yard setback shall
equal the minimum distance specified under the zone district regulations along the closest
boundary of the right-of--way to the proposed structure. When a property's lot line does
not extend into the right-of--way, the required yard setback shall equal the minimum
distance specified under zone district regulations from the lot line. Please refer to Figure
57.1 below, Required setback from a private road or right-of--way.
~_~~ n
i
_C~ ~]
Figure 575.1 Required Setback From a Private Road or Right-of--Way
C. Corner lots. On a lot bordered on two (2) sides by intersecting streets, the owner
shall have a choice as to which yard shall be considered as the front yard, which shall
meet minimum setbacks for a front yard in that zone district. The remaining yard
bordering a street shall be two-thirds (2/3) of the required front yard setback distance for
the zone district. The rear yard must coincide with the rear alignment of neighboring
lots, regardless of which yard is considered the front yard by the owner.
D. Transitional yards. Where two (2) lots which share a common side lot line are in
different zone districts, the lot in the more intensive zone district shall observe the
required yard setback distance as established for the less intensive use zone district.
E. Nonaligned lots. For any lot in the R-6 Zone District in excess of nine thousand
(9,000) square feet which is not aligned along the traditional Aspen Townsite lot lines,
the building inspector shall measure the side yards from the two (2) shortest sides of the
lot which are opposite from each other and the front and rear yards from the two (2)
P18
longest sides of the lot which are opposite from each other. (Ord. No. 13-2005, §3; Ord.
No. 50-a-2005, §6; Ord. No. 12, 2007, §§33, 34)
Page 13: [6] Formatted chrisb 4/9/2010 3:21:00 PM
Indent: Left: 0", First line: 0", Tabs: 0.~", Left + Not at 0.98"