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HomeMy WebLinkAboutagenda.apz.20100601AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, June 1, 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 ~"~ L,~, ~ iU ~, ~'~ ~- ~/v l J IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. 934 S. Mill Street, 8040 Greenline Review B. Miscellaneous Code Amendments VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 12 MEMORANDUM + TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Directo~ FROM: Drew Alexander, Interim Zoning Officer (~ Pr, RE: Parcel s Top of Mill 5ubdivision/PUD - 8040 Greenline Review and Residential Design Standards Variances for Building Orientation and Build-to Lines - Resolution No. _, Series 2010 -Public Hearing MEETING DATE: June ls~, 2010 APPLICANT /OWNER: lan and Isabelle Loring, 5 Polo Field Lane, Dedham, MA 02026 REPRESENTATIVE: Vann Associates, LLC, 230 E. Hopkins Avenue, Aspen, CO 81611 LOCATION: Subdivision: Top of Mill Pazcel 5 (previous building permit granted 934 S. Mill for a physical address) CURRENT ZONING Bc USE Located in L (Lodge), with a Planned Unit Development Overlay. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the project. SUMMARY: The Applicant requests of the Planning and Zoning Commission approval of 8040 Greenline and Residential Design Standadds variances for Building Orientation and Build-to Lines. PROPOSED LAND USE: The proposal is for a new single family residence on a vacant lot. P1 P2 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting three (3) land use approvals from the Planning and Zoning Commission (hereinafter P&Z): Planning and Zoning • 8040 Greenline Review pursuant to Land Use Code Section 26.435.030 (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). • Residential Desilrn Standazds Vaziance for Buildin¢ Orientation pursuant to Land Use Code Section 26.410.020.D(2) (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). • Residential Design Standards Variance for Build-to Lines pursuant to Land Use Code Section 26.410.020.D(2) (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). BACKGROUND: The Top of Mill Subdivision/PUD (also known as the Aspen Mountain PUD, Lot 3) was approved in 2002 under Ordinance No. 7. The Aspen Mountain PUD contains two lots: and Lot 5 which includes the Hyatt Grand Aspen, and Lot 3 which includes Top of Mill and the subject property. Prior to this application, Parcel 5 received approvals for 8040 Greenline Review and Residential Design Standards variances under Planning and Zoning Resolution No. 18, Series of 2008. However, the owners were ultimately not satisfied with the house design submitted with the building permit and have redesigned the home. Community Development reviewed the revised drawings and determined that the changes were substantial enough to require another Planning and Zoning Review. PROJECT SUMMARY: The subject property is one of the few remaining vacant lots in the Top of Mill Subdivision. The 10,806 squaze foot lot allows for the construction of a detached single family residence not to exceed 5,200 squaze feet in floor area. The proposed home will contain approximately 5,163 squaze feet of floor area, which is inclusive of a 460 squaze foot ADU. In compazison to the previous development plan that was approved in 2008, the floor azea for the proposed home has remained the same while there is a minimal difference in ADU size. The subject property rests within the recognized area for 8040 Greenline Review, an Environmentally Sensitive Area (ESA). Development within this area must be reviewed to ensure that there will be no detrimental effects to Aspen's environment. Top of Mill Parcel 5 is accessed via a private road, Top of Mill Street. This is a curvilineaz street that forms aturn-azound loop before reconnecting with South Mill Street (see Figure 1 and 2 below). The subject property sits on the outer ring of this loop and is experiencing a difficulty of meeting the Building Orientation requirement of the Residential Design Standards (RDS). The structure could either orient itself parallel to the tangent of the curve's midpoint (as the The variances granted were for Building Orientation and Build-to Lines 2 P3 requirement requests), or orient itself more in line with the building envelopes. The applicant has chosen the latter, and therefore requires a Building Orientation variance. The second variance from RDS being requested is for Build-to Lines. This requirement demands that residential projects locate at least 60% of their front fapade within 5 feet of the front yazd setback (a building envelope boundary is the basis for measurement for Parcel 5). The recorded envelope for the property is not rectilineaz and portions of the street facing boundary aze curved. Approximately 22' of the envelope directly abuts the street. The remaining portion of the street- facing envelope jogs to the south due to an access easement that encumbers Pazcel 5 and Parcel 4. The current proposal has 0% of its front facade within this azea. The Applicant has stated that there is no reasonable solution to meet this RDS requirement, therefore a variance is being requested. STAFF COMMENTS' 8040 GREENLINE REVIEW: The property, as set forth in Ordinance No. 7, Series of 2002, must obtain 8040 Greenline Review prior to applying for a building permit. The ordinance granted approval for the subdivision's compliance with nine of the eleven 8040 Greenline Requirements for pazcels 4 - 8. Requirement 3 (Air Quality) and requirement 7 (Mountain Character) must receive approval by the Planning and Zoning Commission for compliance. Air uali This requirement seeks to assure that no development within the ESA will degrade air quality within the city of Aspen. Although the Applicant is requesting RDS variances, there is not a request for dimensional variances that would increase its burden on the environment. As part of a building permit application, the Applicant will be required to submit multiple documents that outline the control procedures for excavation, fugitive dust and construction management. The Subdivision/PUD Agreement for Top of Mill Subdivion/PUD states the following: 3 P4 Air Quality: During all construction activities on Top of Mill, TOMI shall comply with the fugitive dust control specification included as part of the Construction Management Plan that will be submitted prior to building permit issuance. All development within Top of Mill shall comply with the Environmental Health Department's vvoodbuming stove/fireplace regulations in effect at the time of issuance of the applicable building permit. This parameter provides an adequate control mechanism to ensure proper monitoring of air quality on the subject property during construction. Staff finds that the applicant satisfies the review standazd for this criterion. Mountain Character: This requirement encourages design that respects the mountain chazacteristics in regards to height and bulk. The proposed single-family residence adheres to the dimensional requirements for the Top of Mill Subdivision/PUD, including the maximum height of 28 feet. The design of the home also incorporates strategies that help break up the mass and scale. These features include varying roof heights, roof forms, and an array of building materials. As mentioned previously, Parcel 5 is one of two remaining lots in Top of Mill Subdivision that are either vacant or do not have a completed residence. When examining the existing chaacter, height, and bulk of the neighboring properties, the proposed house is in the same vein of design. Staff finds that the applicant satisfies the review standazd for this criterion. RESIDENTIAL DESIGN STANDARDS: satisfy, and compliance may tugger o er c property. The proposed designed, to its best ability attempts to parallel the building envelope lines, especially those to the east and west. Staff finds that the Applicant has made a significant effort to create a site plan that continues neighborhood context and addresses unique site specific constraints. Staff recommends approval of the Applicant request for Building Orientation variance. $uildinz Orientation: Building Orientation is best implemented and observed in residential neighborhoods with a grid system or along streets with minimal curves. When a PUD is involved with building envelopes and private streets such at Top of Mill St. that aze curvilineaz, difficulties may arise. For compliance, the Applicant would need to orient the proposed home so that the front fagade is pazallel to the tangent of the midpoint of the azc of the street. Due to the irregular shape of the lot, this requirement is difficult to th onstraints for the Build-to Lines: The Build-to Lines requirement seeks a residential pattern of development that requires front facades neaz the street. On parcels or lots of less than 15,000 squaze feet, at least 60% of the front fagade shall be within 5 feet of the minimum front yard setback line. Top of Mill Pazcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development azea a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the azea closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence neaz the street to maximize southern exposure, but the current design has zero (0%) percent of its front fagade 4 P5 within five feet of the minimum front yard setback (envelope). This would be a complete variance from the Residential Design Standazd. Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. ' i - 3 ~_ ~. __ .. ,~:~ Figure 2: Site plan with envelopes "`^^w.. ~. G REFERRAL AGENCY COMMENTS: • Pazks Department -The Parks Dept. reviewed the application and provided minimal feedback. Due to the similarity to the previous project that was approved, and the requirements that aze memorialized in the PUD approvals, Parks feels that this project will meet the applicable 8040 Greenline criteria. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No._, Series of 2010, approving with conditions, 8040 Greenline Review and Residential Design Standards for Building Orientation and Build-to Lines." {ATTACHMENTS ON FOLLOWING PAGE} P6 ATTACHMENTS: Exhibit A - 8040 Greenline Review Criteria Exhibit B -RDS Variance Review Criteria Exhibit C -Application 6 P7 RESOLUTION NO. _, SERIES OF 2010 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN STANDARDS VARIANCES FOR BUILDING ORIENTATION AND BUILD-TO LINES FOR 934 S. MILL ST., SUBDIVISION: TOP OF MILL PARCEL 5, ASPEN, COLORADO PARCEL N0.2737-182-0212-408-801. WHEREAS, the Community Development Department received an application From Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, requesting approval for 8040 Greenline Review and Residential Design Standard variances for Building Orientation and Build-to Lines; and, WHEREAS, the Applicant's property, Top of Mill Parcel 5, is located within the Lodge Zone District with a Planned Unit Development overlay (L/PUD) in the Top of Mill Subdivision (Aspen Mountain Subdivision) PUD; and, WHEREAS, upon review of the application, and the applicable Code standazds, the Community Development Department recommended approval of the land use requests; and, WHEREAS, during a duly noticed public hearing on June 1, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Departrnent and approved Resolution No. _, Series of 2010, by a (-)vote, approving "8040 Greenline Review," and variances to the Residential Design Standards for Building Orientation and Build-to Lines; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission fmds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standazds set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves "8040 Greenline Review" and two variances to the Residential Design Standards for Building Orientation and Build-to Lines for Parcel 5, Top of Mill Subdivision/PUD, City of Aspen, Pitkin County, Colorado. P& Z Resolution _, Series of 2010 Page 1 of 4 P8 Section 2: Building Permit Application The building permit application shall include the following: a) A copy of the final recorded Resolution printed on the cover page of the building b) Engineered drawings for the deflection wall (as shown on PUD plat). c) If required, a drainage plan, including an erosion control plan prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporazy fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The CMP plan shall address traffic management, construction staging, and accurately represent proposed construction hours. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. Section 3: Engineering/Drainage Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Section 4: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standazds of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 5: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26:575.150, Outdoor Lighting. Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. P& Z Resolution _, Series of 2010 Page 2 of 4 P9 Section 7: Vested Property Rights The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) yeazs from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within,180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Section 8: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 9• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. {Signatures on following page} P& Z Resolution _, Series of 2010 Page 3 of 4 P10 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 151 day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk ATTACHMENTS: EXHIBIT A -Architectural elevations EXHIBIT B -Site plan (showing building envelope) Stan Gibbs, Chairman P& Z Resolution _, Series of 2010 Page 4 of 4 P11 Exhibit A Pazce1 5 Top of Mill 8040 Greenline Review Standards: Sec. 26.435.030.0 No development shall be permitted at, above, or one hundred fifty (I50) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below (all 8040 requirement other than 3 and 7 were satisfied with the PUD approvals): 3) The proposed development does not have a significant adverse affect on the air quality in the city. Staff finding: As part of a building permit application, the Applicant will be required to submit multiple documents that outline the control procedures for excavation, fugitive dust and construction management. The Subdivision/PUD Agreement for Top of Mill Subdivion/PUD states the following: Air Quality: During all construction activities on Top of Mill, TOMI shall comply with the fugitive dust control specification included as part of the Construction Management Plan that will be submitted prior to building permit issuance. All development within Top of Mill shall comply with the Environmental Health Department's woodbuming stove/fireplace regulations in effect at the time of issuance of the applicable building permit. This parameter provides an adequate control mechanism to ensure proper monitoring of air quality on the subject property during construction.. Staff finds this criterion met. 7) Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff finding: The proposed single-family residence adheres to the dimensional requirements for the Top of Mill Subdivision/PUD, including the maximum height of 28 feet. The design of the home also incorporates strategies that help break up the mass and scale. These features include varying roof heights, roof forms, and an array of building materials. As mentioned previously, Pazcel 5 is one of two remaining lots in Top of Mill Subdivision that aze either vacant or do not have a completed residence. When examining the existing character, height, and bulk of the neighboring properties, the proposed house is in the same vein of design. Staff finds this criterion met. P12 Exhibit B Parcel 5 Top of Mill Residential Design Standard Variance: Sec. 26.410.020(D.2) An applicant who desires a vaziance from the Residential Design Standazds shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine the exception is warranted; or. Staff findine -Building Orientation: For compliance to this standard, the Applicant would need to orient the proposed home so that the front facade is parallel to the tangent of the midpoint of the azc of the street. Due to the irregular shape of the lot, this requirement is difficult to satisfy, and compliance may trigger other constraints for the property. The proposed designed, to its best ability attempts to pazallel the building envelope lines, especially those to the east and west. Staff finds that the Applicant has made a significant effort to create a site plan that continues neighborhood context and addresses unique site specific constraints. Staff finds this criterion met. Staff findine -Build-to Lines: Top of Mil] Pazcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Pazcel 5 places the development azea a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilineaz in the azea closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front fapade within five feet of the minimum front yard setback (envelope). Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the sun•ounding neighborhood. Staff finds this criterion met. b. Be clearly necessary for reasons of fairness related to unusual site-speciftc constraints. Staff finding - Buildine Orientation: Staff agrees that the Applicant has a difficult lot for meeting all of the Residential Design Standazds. The aggressively curved street in front of the development azea and odd-shaped building envelope do not lend themselves well to Building Orientation. The Applicant has attempted to design the home pazallel to the majority of the building envelopes. This is an appropriate response to the subject lot and Staff finds this criterion met. Staff finding -Build-to Lines: Top of Mill Parcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development azea a significant distance from the street, P13 which contradicts the build-to line requirement. Additionally, the front envelope line is curvilineaz in the azea closest to the street and then jogs to the south. where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front fagade within five feet of the minimum front yard setback (envelope). Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. Staff finds this criterion met. P1 w • 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: June 1, 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 to June 15`'' after the discussion. EXHIBITS: A -Amended text B -Existing text P2 ~,~~a 26.575.020. Calculations and measurements. Deleted: 77re purpose uJthis Section rs to set forth supplemental regulations which relate !o methods jar crdculating and measuring cerlnin enumerated terms ru used in this Title The dcfrnitioru ajthe terms are set jnrth ut l Formatted: Font: Bold, Italic J r•. .- Formatted: Font: Bold Formatted: Tabs: 0.25", Left Formatted: Font: Not Italic _ Formatted: Font: Not Italic `• Formatted: Font: Not Italic Non-conformins aspects of a property or structure are limited to the specific nature of the non-conformity. Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that creates or extends a different specific non-conforming aspect of a property. For example, a property that exceeds the allowable floor area and contains deck area that exceeds the amount which may be exempted from floor area cannot convert deck space to additional interior space. - l rormaccea i arne - Percent of parcel to be Percent ofparcel to be- included in Lot Area to included in Lot Area to Formatted: Centered determine allawable Floor determine allowable Density Area Areas of a parcel with 0°/a to ~ Formatted: Centered 20% slope ° 100 /° ° l 00 /° Areas of a parcel with more For properties in the R-15B ~ Formatted: Centered than 20% and up to 30% slope Zone -100% For al I other properties - 100% ~0%. Areas of a parcel with more For properties in the R-15B ° ~~ Formatted: Centered than 30% slope Zone -100% l 00 % Formatted: Right: 0.25" set forth at Section 26.104.100. may not be developed any closer than ten feet from the property boundary or otherwise produce an ag„ereeated structural component that extends beyond the setback limit of a >;araee. 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 ___ County for open space or a 100% 100% ` public trail. Areas within an existinti, ,proposed, dedicated, or vacated public or prtvate 0°' vehicular right-of-wav or 0% ° vehicular easement, including emergence access easements. Areas of a property subiect to above Bound or below ,ground surface easements _ such as utilities or an 100% 100% ` irrieation ditch that do not coincide with vehicular easements. Notes: 3 Areas of a progertY within a shared driveway easement shall not be excluded from Lot Area if the property abuts a public or private right-of--wav and is not d~endant on the shared driveway t0 gain access. ~. :1lcasuri~e,,,_Floor lea. In measuring floor areas for floor area ratio and allowable floor area, the following applies: I. General. In measuring and allowable floor area, exterior walls ,pf he bui]di walls, the measurement s! Veneer and all exterior tre floor area ratio the sun~oundine Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered ---~ Formatted: Bullets and Numbering l Deleted: A ~; Deleted: n Deleted: floor area Deleted: that Deleted: floor Deleted: (measured from their exterior Deleted: a Deleted: v Deleted: included Deleted: - - - - Formatted: Right: 0.25" 2- 2 The maximum total reduction in FAR attributable to slope reduction for a given site shall not exceed twenty-flue percent (25%). P4 2. Vertical circulation. When calculating areas with stairs or an elevator connecting separate levels of a structure, the element shall be counted on every floor 3. Attic Space. Unfinished and uninhabitable space between the ceilingjoists and roof rafters which is accessible only as a matter of necessity but not routine is exempt from the calculation of Floor Area Ratio and allowable Floor Area. For example, a "hung" or "false" ceiling shall be exempt. If any portion of the attic level of a structure is habitable, then the entire level shall be included in the calculation of Floor Area Ratio and allowable Floor Area. For example, under roof wing space alone the edges of a sleeping loft within a roof vault shall be counted as Floor Area. ~. Decks, l~Iconies,~,I,pl?aias and Exterior Stairways. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the maximum allowable floor area~or the,property: [f allowable Floor Area, on1Y the areas in excess of the fifteen percent 15%) shall be , amibuted towards the maximum allowable Floor Area for the property. The area of these features shall be the maximum footprint of the feature including railinQS, fixed seating,planter boxes, overhangs, and similar structural components of the feature. ~____. Deleted: each floor-to-floor staircase is counted only once. Deleted: 2 Deleted: ¢ Deleted: norehes. Deleted: I Deleted: s Deleted: of Deleted: (the excess of the fifteen percent [ 15%] shall be included). 5. Porches. Porches on Street-facine fa~ade(sl of a structure within thirty (30) inches of the ground level shall not be counted towards ~1lowable,Floor Area.__.... - Deleted: analanascapeacerraees Otherwise, these elements shall be attributed to Floor Area as a Deck. ~ Deleted: H.~ #. Patios and Landscape Terraces. Patios and Landscape Terraces within thirty inches of the (;round level shall not be counted towards allowable Floor Area. ~i. Garages and~carport~„ In all zone districts except the R-I5~ Zone District, for the purpose of calculating floor area ratio and allowable floor area for a single-Family or Duplex structure„ garages <~n~,carports~shall be excluded a follows: Size o~'Garage or Carport Area excluded per dwelling unit First 0 to 250 square feet 100% of the area Next 251 to X00 square feet 50% of the area Areas above 500 square feet No area excluded. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if it is accessed from said alley or road. !f an alley or private road does exist and is not utilized, the garage or camort area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private Deleted: ¶ 3 Deleted: , Deleted: and storage areas Deleted:- Deleted: a Iotwhose principal use is residential Deleted:, Deleted: and storage areas Formatted: Right: 0.25" ~• P5 road does not abut the property the aara>;e or carport area shall be excluded from floor area calculations as described in the table above. k'or garages that are part of a ~ubgrade area, the ;arage exemption is taken from the -" "~-"-"----"- ~ - " . Deletes: up to a maximum azea of two total moss below-grade area before the subgrade calculation takes place. need math ', hundred fifty(250)squazefeetper aweuing ama; all garage, carport and exam le storage areas between two hundred fifty (250) and five hundred (500) square feet In the R- 15 B Zone District aara a and c ort areas shall be excluded up to a g aT l~ ~', shall count fifty percent (50%) towards allowable floor area; all garage, carport maximum five-hundred-square-foot exemption total for the aroperty. aria Storage areas in excess of five hundred (500) square feet per dwelling For all multi-family commercial lodpin>; and mixed-use buildings. the earaee and Ci_ umt shall be included as part of the residential floor area calculation. For atry carQort area shall be attributed towards Floor Area and Floor Area Ratio with no dwelling unit which can be accessed from eXCIUSlon. 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 6fly ~_ _ -----'• , ~ (250) square feet per dwelling unit if it is 7 Subgrade areas. To determine the portion of subgrade areas that are to be F~ _ _ . - - ~ located on said alley or road; all garage, carport and storage areas between two included in calculating floor area, the following shall apply: hundred fifty (zso) and five ntmared (500) square feet shall count fifty percent a. For any story that is partially above and partially below natural or finished ~ (SO%) towards allowable floor area. For the purposes of determining the grade, whichever is lower, the total percentage of exterior surface wall area • exclusion, ;fatty, applicable to garages, that is exposed above the most restrictive of the grades shall be the total • • °~orts and Storage areas' the area of av structures on a parcel shall be aggregated. percentage of the gross square footage of the subject story included In the t Deleted: basement - floor area calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Deletes: in the R-1B Zone District, garage, carport and storage areas shall be limited to afive-hundred-square-foot For the purposes of this section the wall area shall not include exterior wall--. I exemption. _ area associated with structural components of the foundation or floors of the ~ ~~ ~ Deleted: a SM]CIUre. (f_raphtcl 1 Formatted: Indent: First line: 0" fExample: If fifteen percent (15%) of the exterior surface wall area has been .,.. tDeleted:9 exposed above natural or finished grade (whichever is lower), then fifteen percent (15%) of the gross square footage of the subject story will be included as floor area.) g. Accessoly Dwellin>Y Units and Carriage Houses. An accessory dwelling unit or .. Deleted: b.. For any dwelling unit that carria a house shall be calculated and attributed to the allowable floor area fora can be accesses from an alley °` pm•ate g road entering at the rear or side of the parcel with the same inclusions and exclusions for calculating floor area as defined lri dwelling unit, the garage or carport shall this Section unless eli ible for an exem tion as described below: °nlyb`el`g'vl` f°rtneex`I°5~°n: g p described to Subparagraph a. above if it is located along said alley or road.¶ Detached and permanently affordable ADU or carriage house floor area exemption. c.. In the R-lsa zone District only, One hundred percent (100%) of the floor area of an ADU or carria e house which is 8azages, carports and storage areas shall g be excluded from residential floor area detached from the primary residence and deed-restricted as a for sale' affordable calculations up to a maximum of five 11 ' hundred (500) square feet per dwelling housing unit and transferred to a qualified purchaser in accordance with the ~;t¶ Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded 5.. (Repealed by Ord. No. 56-2000, §s)¶ from the calculation of floor area, up to a maximum exemption of one thousand two 6 hundred (1,200) square feet per parcel. ). Affordable Housing Bonus. The floor area of a parcel containing asingle-family Deleted: z or duplex residence and a permanently affordable "for sale" ADU or carriage house Formatted: Right: 0.25" Ott' 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 (~0%) of the floor area of the associated ADU or carriage house, up to a maximum bonus of six hundred (600) square feet per pazcel. 10. Sheds, Storage Units, and similar Accessory Structures. Sheds, storage units, greenhouses, and similar accessory structures (both habitable an inhabitable) shall be included in the calculation of Floor Area. 11. Wildlife-resistant Dumpster Enclosures. Wildlife-resistant dumpster enclosures located in residential zone districts aze exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to resistant dumpster enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from floor area requirements and shall comply with zone district requirements for Utility/Trash/Recvcle areas. Historic Preservation Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non-historic structures. -I 2. Allocation of Non-Unit Space in a mixed-use building. In order to deternline 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. convnercial floor area + 4,000 sq. ft. free-market residential floor area + ?,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area = 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand {8,000) square feet floor 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 ]inking the principal structure to an accessory structure shall not be included in the calculation of floor area, provided tha[ the littking structure is no more than one (1) story tall, six (6) feet wide and ten (l0) feet long. Areas of linking structures in excess often (10) fect in length shall be counted in floor area.¶ 9 .[ormatted: Right: 0.25" St P7 commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Therefore, the one thousand (1,000) square feet of non_unit space is allocated to the different uses as follows: commercial floor area = 2~% x 1,000 sq. ft. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq. R. = 500 sq. ft. affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. (Ord. No. 12-2007) Formatted: Font: Italic, Underline or other exterior treatments but excluding allowed projections. ferayhicl Formatted: Font: Italic, Underline a hic line. jgraphic] lines such that rectilinear setbacks are approximated. (Qraphicl rear lot line. f air nhicl The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. A parcel shall have only one rear lot line. Formatted: Right: 0.25" 6- E. Measuring 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 line. The Community Development Director shall resolve an discrepancies or situations where the fore~2oin~ text does not provide definitive clarity by issuance of a recordable administrative determination. -- Formatted: Font: Not Bold right-of--way. Fiteure 575. I Required Setback From a Private Road or Right-of--Way 4. Combined Yards. Where zoning,,provisions require a combined setback (either front- reaz or side-side), the setbacks shall be consistent along the affected parcel boundaries. a hic ~: _Allowed_Projections into Setbacks. Setba_ck_areas shall be unob_structed_ above and _-.-.--- Formatted: Font: Not Bold below ground except for the following allowed proiections: Formatted: Right: 0.25" 7~ . P9 a Above or below round utilities including dry wells or other drainage infrastructure. b. Trees and ve e~ tation. #. Fla poles, mailboxes c Foundation footers soil nails or below-grade tiebacks and similar improvements necessary for the structural integriri of a building or other structures. d The minimum proiection necessary to accommodate exterior mounted utility ,junctions meters cable boxes vent flues standpipes, and similar appazatus as may be required or practically necessary. e Building eaves bay windows window sills and similar architectural proiections up to eighteen (18) inches. f 13~31c~u~ies not utilized as an exterior passageway may extend the lesser of one- g The minimum projection necessary to accommodate an exterior-mount fire escaue to an existing building as may be required by adopted Buildins or Fire Codes. h Uncovered porches landscape terraces slabs patios, walks, landscape walls, is more restrictive Improvements may be into thirty (30) inches above and improvement or for minimum required window egress. i Fences and hedges less than forty-two (42) inches in hei~~t, as measured from finished grade aze permitted in all required yard setbacks. Fences and hedgs up to six (6) feet in height as measured from finished r~rade, aze permitted in areas Formatted: Right: O.ZS" $• natural grade Parkins is only permitted within required setbacks it rt is m an droved driveway or other area approved for parkin. P10 thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Heating and air conditioning equipment and similar mechanical equipment shall be prohibited in all yards facing a Street. Mechanical equipment may be placed within non-street facin~yazds but shall not exceed thirty (30) inches above or below finished made. These features may be up to thirty (30) inches above and below finished grade simultaneously. m. The hei t and placement of energyproduction systems located independent of a building shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter ?6.430 -Special Review. n. Wildlife-resistant dumpster enclosures located in residential zone districts shall be- prohibited in all yards facing a Street. These facilities may be placed within non- street facing yards if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both hei€ht and footprint, is an unconditioned space not integrated with other structures on the property, and serves no other purpose such as storage. gazage sgace, 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. ~_ Formatted: Indent: Left: 0.25", Hanging: 0_25" _ •• Deleted: B "Meted: h ~~~rmatted: Bullets and Numbering D eted: t. • ~ Formatted: Indent: Left: 0.25" 2. For p roperties in the Commercial Co re (CC), Commercial (C I ) , Commercial• -- Formatted: Bullets and Numbering Lods e (CL), Neighborhood Commercia l (NC) and Service Commercial Industrial (SCI) Zone Districts, the height of the building shall be the maxi mum distance meas ured vertically, as described abo ve, to the top, ridge or p arapet of the structure, inclusive of all roof sheathing , materials, veneer and the li ke. Formatted: Right: 0.25" g'.' at all points where the exterior of the building- meets the ground. The measurement shall be taken from the surface of the exterior sheathing, excluding P11 3. For DroDerties in all other Zone Districts the hei~Flt of the building shall bey according to the tvpe of roof as follows: - - - -- - - a. _Flat roofs or roofs with a slope of less than 3:12. The height of the building shall be the maximum distance measured vertically from the ground. as b. _Roofs with a slope from 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12, height shall be measured vertically fi'om the l;round, as described above, ~o the mean height between the eave point and ridge as measured to sen~ce/CommerciaUlndushial (s!CA) Zone Districts, the height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top, ridge or parapet of the structure. For structures in all other Zone Districts, the height shall be measured as follows: Deleted: from the natural or 5nished grade, whichever is lower Deleted: a Deleted: flat Deleted:, Deleted: mansard or other roof with a Deleted: from the natural or fmished ¢rade, whichever is lower, c. _Roofs with a slope ~,rr~>uter Arun ~:1 ?, For roofs with a slope of 7:12 or Deleted? ofa gable, hip, gambrel or other similar pitched roof greater, height shall be measured vertically from the ~__*round, as described ~ ~'~ ' Deleted: a gable, hip, gambrel or other • , above o a point one-third ('/3) of the distance up from the eave point to the '~,,. pitched ridge as measured to the surface of the exterior sheathing or weatherproofing ', ': '•.•'• Deletes: over membrane of the roof but excluding exterior surface treatments such as '~, ' ,' Deleted: of shakes shin-glen or other veneer treatments or ornamentation such as a `' • Deleted: s widow's walk. There shall be no limit on the height of the ridge. Deleted: or greater d For roofs with nullti~e Hitches within one vertical plane, the height of the roof Deletes: s shall be measured as if the shat lower ' Deleted: the natural or fmished grade, whichever is lower, e For barrel-vault roofs height shall be measured using the methodology for Deleted: Chitnneysandother roof with a 3.12 to 7.12 pitch and by drawing a line between the top-most appurtenaneesmayextenanptoa point of the roof and the lowest point of each eave. :{ Formatted f Dormers shall be excluded from the calculation of height if the total footarint '~ • Deleted: a. - ofthe dormers is 50% or less of the total roof area. Otherwise. dormers shall ' ' Deleted' ante"Has ~ be calculated accordin¢ to the method described above. ; Deleted: other Deleted: appurtenances ---- - - - --•------------------- - -- ... ------------- -•---------------------- --- - =:• .;-:~;'. Deleted: Antennas, ~ ~?~.~ •' , 4. Allowed Exceptions to Height Limitations ; ,.- Deleted: c ~" ' Deleted: or ~,,. ,. flues vents and tmne s a status r tilit d i il h , , . , y r m a imne s, , rtes n a_,C Deleted: structures tSimilar ~ltility apparatus shall not extend ~tlore than ten (10) feet above the _:-'. Deleted: over height of the building at the point the device connects or more than ten (l0) Deletes: ,except feet above the specified maximum height limit;",~or roofs with a pitch of _ ' 8:12 or greater, these elements may not extend more than two (2) feet above ' Deletes: f ~ the ridge,, Deleted: . " . { Formatted: Right: 0.25 la of goof shall not extend ~rlore than five (5) feet above the maximum - _ .. . height limit. P12 equipment located on top of a building shall n_ot feet above height of the building= at the aoint thf maximum height limit. The to accommodate enerev Droduction or efficiency systems or equipment if no other practical solution exists. The heieht and placement of enerev production systems which are not located on top of a building shall be established 6y the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 -Special Review. eChurch 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 thirty (30) feet of the building's depth. stairwells. An areaway, light well or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street and enclosed on all four (4) sides to within eighteen (18) inches of the first r floor level shall not be counted towards maximum permissible height. t - - --- - - - _ .........._ _..-....---~ .. .. ... ......_ - ........-- - -~-~ -~----------~--- -- Site coverage is as a 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 11~ Deleted: ~~'ar:r towers, - - ---- - --- Deleted: Deleted: over Deleted: Formatted: Indent: Left: 0.5" Deleted: 3. . Deleted: C .Lot«re«. Except in the R-ISB Zone District, when calculating floor area ratio, lo[ areas shall include only areas with a slope of less than twenty percent (20%). In addition, half (.50) of lot areas with a slope of twenty to thirty percent (20-30%) may be counted towards floor area ratio; areas with slopes of greater than thirty percent (30%) shall be excluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed twenty-five percent (25%).9 Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that azea beneath the high water line of a body of water and that area within a vacated right-of--way or within an existing or proposed dedicated right-of--way or surface easement. Lot area shall include any lands dedicated to the City or Cowtry for the public trail system, any open imgation 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 area ratio except for exclusion of areas of greater than twenty percent (20° o) slope. Deleted: n Formatted: Riqht: 0.25" Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with (telecom section] d. Mechanical Equipment. Heating, ventilation, and air conditioning systems, P13 extending directly over grade shall be excluded from maximum allowable site coverage calculations. Measurement oj,D~molition. The City Zoning Officer shall determine if a building ' ueieted: s -- is intended to be or has been, demolished by applying the following process of ~; ~eieted: e 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 project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall 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 buildinb 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 Formatted: Right: 0.25" 12•' P14 calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. (Ord. No. 44-1999, §7; Ord. No. ~5-2000, §14; Ord. No. 56-2000, §§~, 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) leasable commercial or office building which are, or which are designed to commercialpurposes_ _ _ __ ___ _ ______ including interior partitions and inclusive of all areas which can be leased to an individual tenant including offices, hallways, meeting rooms, display areas, showrooms, kitchens, common stairways, common circulation c~ storage areas or similar common spaces individual tenant. of the year in which it is installed. ldefinitionl Net livable area. The areas with designed to be used for habitation and human areas, 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 only one unit, habitable basements, and ,storage areas, closets and laundry areas accessible from common lobbies, common stairwells, common elevator corridors, or similar common spaces not intended or designed to be occupied by an individual tenant. Net Livable Area Deleted: 26.575.040.. Yards.¶ A.. ProjccGons into required yards. ' Yards shall be unobstncted from [he ground to the sky except for the following allowed projections:¶ 1.. Building eaves -Eighteen (18) inches;¶ 2.. Architectural projections -Eighteen (]g)inches;Tj 3.. Balconies not utilized as an exterior passageway may extend the lesser of one- third ('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) feeY¶ 5.. Uncovered parches, slabs, patios, walks, retaining walls, steps and similar strictures, 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 meastued ~ Gom natural grade, are permitted in all i 'j,1 required yard se[backs. (See tl;l Supplementary Regulations -Section ,, i;l', 26.575.D50, Fcnces.).¶ ~ l~- Deleted: y Deleted: leased to a tenant and Deleted: or office Formatted: Font: Italic Formatted y~ Deleted: ,exclusive ofa~+ ~ Deleted: including, but not necessarily ~, ~ limited to, azeas dedicated to Deleted: and ~', Deleted' provided, however, that these areas aze used solely by tenants o .. 5' Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.38", First line: 0" Formatted: Indent: Hanging: 0.03" Deleted: available Formatted: Font: Italic Formatted ~ Formatted: Font: Bold, Italic ~1 ~ Deleted: interior ' Deleted: ;but excluding Formatted: Right: 0.25" 13- Unless specifically exempted through other provisions of this Title, outdoor displays P15 shall not include uninhabitable basements, mechanical areas, stairs. unconditioned storage accessible only from the exterior„garages, ,carports. "patios, decks„porches or :"."--- Deleted: exterior - - --- " similar spaces. - Deleted: stairweus Deleted: (attached Deleted: and "-~ Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic " Formatted: Justified Formatted: Font: Bold, Italic ~~ Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic Formatted: Justified ,. Formatted: Right: 0.25" 14•'" other practical solution exists The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists A~Droval shall be in the form of a recordable administrative decision. P16 Page 10: [i] Deleted chrisb 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; 3. Balconies not utilized as an exterior passageway may extend the lesser of one- third ('/3) of the way between the required setback and the property line or four (4) feet. 4. Fire escapes required by the International Building Code -Four (4) feet; 5. Uncovered porches, slabs, patios, walks, retaining walls, steps and 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 26.575.050, Fences.). Driveways. Driveway access shall not exceed a depth or height greater than twenty-four (24) inches above or below grade within the required front 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. 9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard setbacks. On corner lots, mechanical equipment may not be placed in the setback of any yard facing a street. 10. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures that meet the requirements of Chapter 12.08 of this Code (Wildlife Protection) shall be allowed in the setbacks. Permanent placement of trash containers shall be 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 575.1 below, Required setback from a private road or right-of--way. _a ~, ~~ Figure 575.1 Required Setback From a Private Road orRight-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: [4] Formatted chrisb 5/4/2010 2:45:00 PM Indent: Left: 0", First line: 0", Tabs: 0.5", Left + Not at 0.98" Page 13: [5] Deleted chrisb 2/4/2010 4:45:00 PM provided, however, that these areas are used solely by tenants on the site. Page 13: [6] Formatted chrisb 4/9/2010 3:21:00 PM Indent: Left: 0", First line: 0", Tabs: 0.5", Left + Not at 0.98" P19 ~j ~ Chapter 26.575 ~~~ ' • ~ MISCELLANEOUS SUPPLEMENTAL REGULATIONS : Sections: 26.575.010 General. 26.575.020 Calculations and measurements. 26.575.030 Public Amenity 26.575.040 Yazds. 26.575.045 Tunk Yazd and Service Yards. 26.575.050 Fences. 26.575.060 Utility/trash service azeas. 26.575.070 Use squaze footage limitations. 26.575.080 Child care center. 26.575.090 Home occupations. 26.575.100 Landscape maintenance. 26.575.110 Building envelopes. 26.575.120 Satellite dish antennas. 26.575.130 Wireless Telecommunication Services Facilities and Equipment 26.575.140 Accessory uses and accessory structures. , ' 26.575.150 Outdoor Lighting. 26.575.160 Dormitory. 26.575.170 Fuel storage tanks 26.575.180 Restaurant. 26.575.190 Farmers' market. 26.575.200 . Group Homes. 26.575.210 Lodge Occupancy Auditing 26.575.010 General. Regulations specified in other sections of this Title shall be subject to the 4oollowing supplemental regulations. 26.575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for cal- culating and measuring certain enumerated terms as used in this: Title. The definitions of the terms aze set forth at Section 26.104.100. A. Floor area. In measuring floor azeas for floor area ratio and allowable floor azea, the following applies: City of Aspen Land Use Code. August, 2007. Part 500, Page 59 P20 1. General. In measuring floor area for the purposes of calculating floor area ratio and al- lowable floor azea, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. When meas- uring from exterior walls, the veneer and all exterior treatments shall be included. When calculating azeas with stairs, each floor-to-floor staircase is counted only once. 2. Decks Balconies Porches Lo~Qias and Stairways. The calculation of the floor area of a building or a portion thereof shall not mclude decks, balconies, exterior stairways, gaze- bos, and similar features, unless the azea of these features is greater than fifteen (15) percent of the maximum allowable floor area of the building (the excess of he 15% shall be in- cluded). Porches and landscape terraces shall not be counted towazds FAR. 3. GazaQes Carports and Storage Areas. In all zone districts except the R-15-B zone district, for the purpose of calculating floor azea ratio and allowable floor azea for a lot whose prin- cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi- mum azea 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) square feet shall count fifty (50) percent towards allowable floor azea; all gazage, carport and storage azeas in ex- cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi- dential 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 gazage shall only be ex- cluded from floor azea calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storftayg( ~ P between two hundred fifty (250) and five hundred (500) squaze feet shall count fi 50 ercent towazds allowable floor azea. For the purposes of determining the exclusion, if any, applicable to ga- rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated. For gazages that are part of a basement, the gazage exemption is taken from the total below grade azea before the sub-grade calculation takes place. In the R-1B zone district, garage, carport, and storage azeas shall be limited to a five hundred (500) square foot exemption 4. Sub~rade areas. To determine the portion of subgrade azeas that are to be included in calcu- lating floor azea, the following shall apply: a. For any story that'is partially above and partially below natural or finished grade, which- ever is lower, the total percentage of exterior surface wall azea that is exposed above the most restrictive of the grades shall be the total percentage of the gross squaze footage of the subject story included in the floor azea calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor azea calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fifteen (15) percent of the gross square footage of the subject story will be included as floor azea.) City of Aspen Land Use Code. August, 2007. Part 500, Page 60 P21 b. For any dwelling unit that can be accessed from an alley or private road entering at the reaz or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-section a if it is located along said alley or road. qua ~x~l c. hr' the R-15B zone district only, garages, carports, and storage azeas shall be ex- cluded from residential floor area calculations up to a maximum of five hundred (500) squaze feet per dwelling unit. 5. (Repealed by Ord. No. 56-2000, § 8) 6. Accessorv Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or Carriage House shall be calculated and attributed to the allowable floor azea fora paz- cel 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 nennanently affordable ADU or Carriage House Floor Area Exertion One Hundred (100) percent 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 As- pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per pazcel. 7. Affordable Housin¢ Bonus. The Floor Area of a pazcel containing asingle- family or duplex residence and a permanently affordable "For Sale" ADU or Carriage House located on the same parcel which has been transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage House up to a maximum bonus ofsix-hundred (600) square feet per parcel. 8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess often feet in length shall be counted in floor area. City of Aspen Land Use Code. August, 2007. Part 500, Page 61 P22 9. Allocation of Non Unit Snace in a mixed-use buildin . In order to determine the total floor azea 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 towazds each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor azea + 1 000 sa ft of non-unit floor area = 9,000'sq. ft. total floor azea Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using the Allocation of Non-Unit Space standazd, the uses account for the following per- centages of the total unit floor azea: commercial floor azea = 25% free-market residential floor azea = 50% affordable housing floor azea = 25% Therefore, the 1,000 sq. ft. 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 azea = 25% x 1,000 sq. ft. = 250 sq. ft. (Ord. No. 12-2007) B. Building Heights. 1. Methods of Measurement for Yaryin~Tynes of Roofs. In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC), and Service/Commercial/Industrial (SC)) Zone Districts, the height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top, ridge, or parapet of the structure. For structures in all other zone districts, the height shall be measured as follows: City of Aspen Land Use Code. August, 2007. Part 500, Page 62 P23 a. Flat Roofs or Roofs With a Slope of Less Than 3:12.. The height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope of less than 3:12. b. Roofs With a Slope From 3.•12 to 7:12. For roofs with a slope from 3:12 to 7:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eave point and ridge of a gable, hip, gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof shall not extend over five feet above the maximum height limit. c. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height shall be measured vertically from the natural or finished grade, whichever is lower, to a point one-third (1/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge. d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers, solar panels, and me- chanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. 2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac- ing) facade may extend for the first thirty (30) feet of the building's depth. 3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street, and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall include only azeas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex- cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed 25%. Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that azea within a vacated right-of,--way, or within an existing or proposed dedicated right-of--way or surface easement. Lot azea shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri- gation ditch, or any lands subject to an above ground or below ground surface easement such as City of Aspen Land Use Code. August, 2007. Part 500, Page 63 P24 utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope. D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov- erage of a structure or building, the exterior walls of the structure or building at ground level should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calcula- tions. E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in- tended to be, or has been, demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: 1. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not-counted in the existing exterior surface azea calculations shall be all existing fenestration (doors, windows, skylights, etc.) 2. The exterior surface azea, 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 azea being removed. 3. The diagram shall depict each exterior wall and roof segment as a flat plane with an azea tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad- dition 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 asso- ciated exterior surface azea shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regazdless of the developer's intent, that portion shall be calculated as re- moved. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the dztermination of demolition. Sub-grade elements and interior wall elements, while potentially necessary for a building's integ- rity, shall not be counted in the computation of exterior surface area. According to the prepared diagram and area tabulation, the surface azea of all portions of the exte- rior to be removed shall be divided by the surface azea of all portions of the exterior of the existing , structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition of Demolition, Section City of Aspen Land Use Code. August, 2007. Part 500, Page 64 P25 26.104.100. 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 require- ment to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. (Ord. No. 44-1999, § 7; Ord. No. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001, §§ 6, 7; Ord. No. 46-2001, § 4; Ord. No. 55, 2003§4) 26.575.030 ~ilic Amenity A. pose. The City of Aspen seeks a vit ,pleasant downtown Public environment. blic emty contributes to an attractive co cral and lodging district by creating public ces and settings conducive to an exciting pede an shopping and entertainment atmosphere ublic amen- ity can take the form of physical operational improvements to public righ of-way or private property within these districts ublic Amenity provided on the subject development site is referred to as On-Site Public Ame ' in this section. ,%'~ B. App[icabi ' and Requirement The requirements this Section shall.apply to the devel- opment of al mmercial, lodging, and mixed-use dev pment within the CC, Cl, MU, NC, SCI, L, CL, L d LO Zone Districts This area repres s Aspen's primary pedestrian-oriented town well as important mixed-use, service d lodging neighborhoods. ~rwenty-five (25) percent of each p within the applicable azea shall be rded as Public Amenity. For redevelopment of cels on which less than this twenty-fiv 5) percent currently exists, the existing (prior to r velopment) percentage shall be the a ctive requirement provided no less than ten (10) perc rs required. A reduction in the requ' public amenity may be allowed as provided in Sectio. 6.575.030 D., Reduction of Requ' ent. Exempt from these provisions shall be develop t consisting entirely of residents ses. Also exempt from these provisions shall be the r velopment of parcels where no o rte Public amenity currently exists, provided the redevelo nt is limited to replacing the b ' rng in its same dimensions as measured by foo ~ t, heieh d floor area. Provision of Public A nity. The Planning and Zoning Commis ' or Historic Preserva- tion Commission, pursu o the review procedures and criteria of ction 26.412 -Commercial Design Review, shal termine the appropriate method or co ation of methods for providing this required am .One or more of the following me may be used such that the stac)~tit`d is reached. J City of Aspen Land Use Code. August, 2007. Part 500, Pase 65 P26 Mobile home park. A parcel or azea of land upon which two (2) or more mobile homes, occupied or intended to be occupied for a dwelling, are located for any period of time, regazdless of whether or not a chazge is made for such accommodations, and whether or not the mobile homes and/or land aze owned by the occupants. Monopole: A wireless communication facility which consists of a monopolaz structure, erected to support wireless telecommunication antennas and connecting appurtenances. Motel. Same as "Hotel." Neighborhood. The area adjacent to or surrounding existing or proposed development chazacter- ized by common use or uses, density, style and age of structures and environmental characteristics. Neighborhood Cafe: A commercial eating and drinking establishment where food is prepazed and served for consumption on or off premises, limited to no more than 1,500 net leasable squaze feet and no limitation on outdoor seating and which may provide music or other performances and entertain- ment incidental to the primary use. Neighborhood Commercial Uses: Commercial establishments engaged in the selling or renting of consumer goods and merchandise to the general public and the rendering of services incidental to the sale or rental of such products. Neighborhood Commercial shall include Retail Uses (with the excep- tion of Restaurants and Nightclub and Bar), post office branch, Artist Studio, Commercial Kitchen, Bakery, Food Market, Neighborhood Cafe, broadcasting facility, movie theaters, and the sale or rental of Motorcycles, Motor-drive cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S, non-motorized vehicles such as bicycles ,clothing, sporting goods, jewelry, books, videos, prescription drugs, liquor, hazdware, furniture, and art, and similar uses and activities. Net leasable commercial and office space. Those azeas within a commercial or office building which are, or which are designed to be, leased to a tenant and occupied for commercial or office pur- poses, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms, stairways, circulation corridors, mechanical areas and storage areas provided, however, that these azeas are used solely by tenants on the site. Net livable area. The area available within a building for habitation and human activity measured ~~from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, hab- itable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable basements, mechanical azeas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. Nightclub and Bar: A commercial establishment engaged in the sale or dispensing of liquor by the drink for on-site consumption in which the preparation and serving of food maybe available and where music, dancing or other entertainment may be provided or conducted. City of Aspen Land Use Code. August, 2007 Part 100, Page 24