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HomeMy WebLinkAboutagenda.apz.20100615AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, June 15, 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 IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. 69 Shady Lane, Special Review B. Miscellaneous Code Amendments VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 13 '~A MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director ~ IA ~A„ RE: 69 Shady Lane Stream Margin Review -Public Hearing Resolution No. _, Series 2010. MEETING DATE: June 15, 2010 APPLICANT/OWNER: Owner -Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre as tenants in common. The application has been authorized by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership. REPRESENTATIVE: Mitch Haas, Haas Land Planning. LOCATION: 69 Shady Lane. Confluence of the Roaring Fork River and Hunter Creek. CURRENT ZONING: Low Density residential - R-30 CURRENT USE: Two detached residences and various outbuildings. SUMMARY: The applicant is seeking an appeal to the City's top-of--slope mapping to determine the development rights for this property. While no development is currently proposed, this determination will provide clarity on the developability of the property. The top-of--slope determines where and how development can occur on a riverside properties. The City's top-of--slope mapping was done about a decade ago and is conservative. In some cases, the mapping is overly conservative. This property exists entirely below the mapped top-of-slope, rendering the property undevelopable without this Special Review. Survey information and a site visit indicate that while this property should have development limitations and river setbacks there is a significant azea of the property that is appropriate for development. STAFF RECOMMENDATION: Staff believes the proposal meets the standazds of review and is recommending approval with conditions. LAND UsE REQUEST AND REQUIRED PROCESS: The City will be reviewing the following land use action for the property at 69 Shady Lane: Stream Mazein Special Review to appeal top-of-slope. The application shall be approved, approved with conditions or denied by the Planning and Zoning Commission. P1 1 P2 PROJECT SUMMARY: The applicant is not proposing a specific development plan at this point. The river, high-water line, top-of-slope, floodplain, and floodway all coincide on this property and make even an estimate of development tights difficult. For that reason, the applicant is pursuing this review to establish the development parameters for this property. TERMS: A few terms of art will be used for this case. The floodplaur is the area affected by flood waters and certain building restrictions aze effective in this azea -principally that development may not increase the height of flood water and that the finished floor level of a structure must be one foot or higher above that base flood level. The floodway is essentially the river channel during a flood event necessary to convey and discharge water. Development in the floodway is very restricted and only allows types of structures that cannot be dislodged and enter a flooding event. The City Engineer is the City's designated flood plain administrator and is responsible for implementing these development restrictions. Mapping of this azea provided by the National Flood Insurance Program indicates that significant portions of the property, including the entire island, aze within the floodway. The high-water line is used to detemvne a property's development rights. Areas below ahigh- water line do not contribute to Lot Area and do not increase a property's floor azea or allowed density. The high-water line is the point at which the presence and action of water aze so regulaz as to impress a chazacter distinguishing a river bank from a river bed. (Le. a river bank has soil and vegetation and a river bed does not.) The top-of-slope is the point along a river sepazating the flat or natural topography of the land from the steeper river bank. It can be considered the top edge of the river bank. STAFF ANALYSIS AND RECOMMENDATION: This property is heavily affected by the river but is developable. There is an existing house located just outside of the flood plain and no history or evidence of flooding damage to the structure. The City's top-of--slope map for this property is way too restrictive and unreasonable. A closer examination of this property indicates that the top-of--slope should be much closer to the river, similaz to how the applicant has mapped the line. The property's island is within the floodway, shows evidence of past flooding, included sections inundated with water during the site visit, and includes both wetland and non-wetland vegetation. While atop-of--slope determination for the island would probably indicate that the island can be developed, it is within the floodway and cannot be developed. Other sections of the main property are outside both the floodway and the floodplain and amore-reasonable top-of--slope would render these azeas appropriate for development. Staff recommends that the applicant map a development boundary line that is the more- restrictive of the floodway and the top-of-slope to be approved by the City Engineer and the 2 P3 Community Development Director and then recorded. In some azeas this line will track the top- of-slope. In other azeas this line will track with the floodway. From the top-of--slope line there should be established a I S-foot setback and the 45-degree progressive height limit. Staff and the applicant have discussed this strategy and agree in principal. Some minor fine- tuning of the top-of--slope mapping should occur based on the site visit and the applicant appears willing to make those changes. The applicant has developed a revised map and will bring that to the hearing. Staff will be prepazed to comment further on the revised map then. Community Development staff also believes the map should indicate and tabulate all azeas of the property above/below the high water line, affected by steep slopes, or affected by easements (including potential proscriptive easements). This will enable the owner, prospective owners, and staff to easily determine Lot Area and development rights. Pazks Department staff recommends that riparian azeas of the property be rehabilitated. The property is not significantly degraded and restoration can be done at the time the property is redeveloped.. Parks is also requesting a fishing easement be provided by the applicant. This is a request and not a requirement. The property also contains a well and what appeazs to be a pump system feeding directly into the roaring fork, possibly for irrigation. City Utilities will require the property be connected to the City's water system, the well be abandoned, all well rights be vacated to the City, and that the irrigation pump be abandoned. Again, this can be at the time of redevelopment. Staff is recommending adoption of a resolution defining conditions of approval and requiring recordation of this development boundary map mentioned above. Staff is recommending future redevelopment in compliance with these regulations not be subject to an additional review by the Commission. This allowance would be in place for at least the period of vested rights or as long as the City's riverfront regulations remained the same. Staff recommends that if the City changes riverfront development restrictions that the property be subject to those new requirements and possibly another Commission review. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIIt11IITIVE~: "I move to approve Resolution No._, Series of 2010, Stream Mazgin Review for 69 Shady Lane." ATTACHMENTS: Exhibit A -Referral Comments Exhibit B -Review standazds from Land Use Code Exhibit E -Application 3 P4 RESOLUTION N0. _ (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-073-00-012 WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane -Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream mazgin development; and, WHEREAS, the City's mapping for top-of--slope excludes this property entirely from that azea where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public heazing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community, Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Mazgin Special Review, by a _ to _ (_-~ vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Mar¢in Review The Planning and Zoning Commission hereby approves the Stream Mazgin Special Review with the following conditions: 1. A Stream Mazgin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top-of-slope. The map shall also indicate and tabulate all azeas of the property above and P&Z Reso No. _, Series of 2010 Page 1 P5 below the high water line, those azeas affected by steep slopes, and those areas affected by right-of--way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top-of-slope. In addition, any development within the development boundary and within thirty (30) feet of the top-of--slope shall be subject to both aforty- five degree (45°) progressive height limit from the top-of--slope and the height limitations of the zone district. 3. Development between the development boundary and the top-of--slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river-side of this development boundary shall be limited to at-grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Pazks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similazly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similazly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section Z: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman's Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Pazks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 3: Vested Rights This approval shall be valid for the greater of the three-yeaz period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations aze amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised P&Z Reso No. _, Series of 2010 Page 2 P6 provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 4• 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, 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 5• 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 6• 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15~' day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City P&Z Reso No. _, Series of 2010 Page 3 ~VV~i~ ~+ Memorandum Date: June 2, 2010 To: Chris Bendon, Community Development Director From: Brian Flynn, Pazks Department Re: 69 Shady Lane Parks Department Requirements: TrailsBasements: 1~, 1) Based on the recommendations of the Aspen Area Community Plan the applicant is requested to provide a fisherman's easement along the south side of the island (branch of the river between ACES and the Islan) Landscaping: 1) The applicant will be required during development to make improvements to the native riparian vegetation along the Stream Mazgin within the 15' setback. Development approvals will be contingent on this aspect of the Stream Mazgin review. Top of Slope: 1) The Parks Department believes that the island is of important value to the river corridor and should be omitted from the Top of Slope appeal. The island has had limited human impact and has well established river habitat. Both aspects provide appropriate river and water ecology to help control run off, flooding and river health. P7 P8 ~~~1~~ 6. The placement and cl Bring of structures will minimize the ed for roads, limit cutting and gradi ,maintain open space, and preserve mountain as a scenic resource. 7. Build' height and bulk will be minimized e structure will be design to blend i the open character of the mountain. 8. Sufficient water pressure and er utilities aze available t service the proposed development. 9. Adequate roads aze ailable to serve the propose evelopment, and said roads can be properly maint ' ed. 10. Adequa ingress and egress is avail e to the proposed developments s to ensure ade to access for fire orotectio d snow removal equipment. The recommendations the Aspen Area Community Pla};!Pazks/Recreai Plan aze impleme in the proposed development, to e greatest extent (Ord. No. 55-2 , § 7) 26.435.040 Stream Margin Review. A. Applicability. The provisions of the Stream Mazgin Review° shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazazd Area, also known as the 100-yeaz flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the Stream Margin Review azea: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications aze submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the Stream Mazgin Review Standards. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development azea" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Stream Mazgin Review Standards. City of Aspen Land Use Code. August, 2007. Part 400, Page 74 P9 3. The expansion, remodeling, or reconstruction of an existing development provided the following standazds are met: a. The development does not add more than ten (10) percent to the floor azea of the existing structure or increase the amount of building azea exempt from floor azea calculations by more than twenty-five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and, b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; d. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-yeaz flood plan. C. Stream Margin Review Standards. No development shall be permitted within the Stream Mazgin of the Roazing Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the pazcel proposed for development. This shall be demonstrated by an engineering study prepazed by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1); and City of Aspen Land Use Code. August, 2007. Part 400, Page 75 P10 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the pazcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and 5. Written notice is given to the Colorado Water Conservation Boazd prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 6. A guazantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Copies are provided of all necessary federal and state permits relating to work within the 100-yeaz flood plain; and There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan willl~e submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A' ; and City of Aspen Land Use Code. August, 2007. Part 400, Page 76 P11 10. All exterior lighting is low and downcast with no light(s) directed towazd the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and 11. There has been accurate identification of wetlands and riparian zones. D. Appeal of Director's Determination. An appeal of a determination in regazds to a Stream Mazgin Application or in regards to the top of slope determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection E, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. E. Special Review. An application requesting a variance from the Stream Mazgin Review Standards, or an appeal of the Stream Mazgin Map's top of slope determination, shall be processed as a Special Review in accordance with Common Development Review Procedure set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning Commission. A Special Review from the Stream Margin Review Determination may be approved, approved with conditions, or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado Professionally Licensed Surveyor shows a different determination in regards to the top of slope and 100-year flood plain than the Stream Mazgin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the Stream Mazgin Review Standard(s) upon which the Community Development Director had based the finding of denial. F. Building Permit Submittal Requirements. Prior to receiving a building permit for a property within the stream mazgin review azea, the following must be submitted: 1. The applicant shall record a site improvement plat with topography prepazed by a Colorado licensed, professional surveyor showing the building envelope determined by the Community Development Director based on the Stream Mazgin Review Map located in the Community Development Department. 2. Site sections drawn by a registered architect, landscape azchitect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 3. The building envelope shall be barricaded prior to issuancd of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. (Ord. No. 45-2001, § 3) City of Aspen Land Use Code. August, 2007. Part 400, Page 77 HAAS LAND PLANNING, LLC 201 N. MILL STREET, SUITE 108 ASPEN, CO 81611 (970) 925-7819 MHAAS@SOPRIS.NET To: The City of Aspen Thru: Aspen Hate: March 23, 2010 Planning and Zoning Community Commission Development sutyect: Special Review to Appeal the Community Development Director's Top of Slope Determination for 0069 Shady Lane, Aspen Please consider this letter and the attached exhibits to represent a formal request for Special Review before the City of Aspen Planning and Zoning Commission to appeal the Stream Margin Map's top of slope determination for the subject property located at 0069 Shady Lane, Aspen. The property is zoned R-30, Low-Density Residential, and contains two detached single-family residences. It has a Parcel Identification Number of 2737-073-00-012 and is on Shady Lane, off of Red Mountain Road and next to the Rio Grande Trail. This 2.75 acre property is bounded on the south and west by the Roaring Fork River, while Hunter Creek lies immediately to the north. The approximate location of the property is indicated on the Vicinity Map provided below. Section 26.435.010 of the Code states that certain land areas within the City are of particular ecological, environmental, architectural, or scenic significance and all development within such areas shall be subject to heightened review procedures and 1 standards. These areas are known as Environmentally Sensitive Areas (ESA) and include stream margins. Subsection B states that areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one-hundred-year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area are subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. The subject property and its existing residence are located within 100 feet of the respective Roaring Fork River and Hunter Creek High Water Lines. In order to determine where development can take place on properties that are adjacent to the Roaring Fork River and its tributary streams, the City of Aspen has mapped the top of slope. Top of slope is defined by Section 26.104.100 of the Code as, A line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as determined by the City Engineer. Attached to this application is the City of Aspen Community Development Director Chris Bendon s Top of Slope Determination for the subject property (see Exhibit 2). The applicant is seeking to appeal this Determination pursuant to Section 26.435.040(D) of the Code. According to Section 26.435.040(E) of the Code, Special Review at a public hearing before the Planning and Zoning Commission is needed for such a request. Code Section 26.435.040(E) goes on to state that, A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regards to the top of slope and 100-year flood plain Phan the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. The City's mapping shows the top of slope on the opposite side of Red Mountain Road, (approximately 65 feet above the entire property) and would render this long since developed 2.75-acre property not developable. Clearly, the City's mapping is incorrect as several homes, a road, and a public trail sit below it. Attached to this application is an authorized survey from Frank W. Harrington, L.S. # 1959, of High Country Engineering 2 which shows an accurate determination of the top of slope as it relates to the subject property. The Stream Margin Review Standards of Section 26.435.040(C) are provided below in indented and italicized print and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; This application is merely establishing the correct top of slope for the subject property. No specific development is being proposed at this time. But if and when an actual development is proposed, it will be subject to an additional Stream Margin Review based upon the top of slope determination made pursuant hereto. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" See response to the standard above. The property is immediately adjacent to the very popular and heavily-used Rio Grande Trail. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope .shall be designated by this reuiew and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; This standard is understood. However, no building envelope is being defined at this time. Instead, the top of slope is being established on three of the properties four sides, as well as around all sides of the island. This, combined with front-yard setback requirements, effectively establishes the potential area for development. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; 3 The proposed development will not pollute or interfere with the natural changes of the Roaring Fork River or Hunter Creek during any construction as all development will take place at least 15 to 30 feet from the top of slope. Also, please refer to the narrative provided in response to standard number 1, above. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; This standard is not applicable as no alteration or relocation of any water course is contemplated or otherwise proposed. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished;. This standard is not applicable. (See response to standard number 5 above.) 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; This standard is not applicable. No work is proposed within the 100-year floodplain at this time. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; No development will take place below the top of slope or within fifteen (15) feet of the top of slope or the high water line. No specific development is currently being proposed. Please also refer to the narrative provided in response to standard number 1, above. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; 4 This standard is understood by the applicant. The progressive height limit affective the subject property and any future development thereof will be established in relation to the proposed, surveyed top of slope. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; This standard is understood by the applicant. However, no specific development is being proposed at this time. 11. There has been accurate identification of wetlands and riparian zones. This application simply requests an appeal of the Top of Slope Determination made by the Community Development Director. No actual development is proposed at this time. If and when development is proposed on the property, an accurate identification of wetlands and riparian zones will be provided as part of the then applicable Stream Margin Review. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitc Haas Owner/Manager Attachments: Exhibit 1: Land Use Application and Dimensional Requirements Forms Exhibit 2: Top of Slope Determination by the Community Development Director Exhibit 3: APre-Application Conference Summary prepared by Sara Adams Exhibit 4: Proof of Ownership Exhibit 5: Authorization for Haas Land Planning, LLC to represent the Applicant. 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Q' ~~ / ~ BAR ~~'° ~ a< a " -~ ~~g$ O ~ ~~+\~ .gs._ / / rya ~ €g~~ c~ Wg rc O ~~g `g~~. u / ~ a - ~~5dy~ 8~k ~ ~ ~ ~ ~ ~ ~^°~ ~~~4e d a ~~@~~ ~~~9g EXHIBIT ATTACHMENT 2-LAND USE APPLICATION rxolECr: Name: ~ S ~ Location: OOIo°~ Sl1 N ari ! ~5~1 (Ldicate street addre lot & block number legal description where appropriate) Parcel ID # UI1tED APPT.T(`ANT• Name: /ECK D Address: C ~ E Phone #: 3tl3 ~ ~~. r O a REPRESENTATIVE: Name: 1-!I7C~OIS ~1'l~ I'' ~Gl• /l ~^ Address: (~©~ M ~1 ~Q ~ Phone #: 97 ~ 9a s- ~8 TvPE of APPT.i(`ATTON: fnlease check all that aonlvl: ^ GMQS Exemption ^ Conceptual PUD ^ Temporary USe ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexUMap Amendment Special Review ^ Subdivision ^ Conceptual SPA ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EXISTING COxnrrloxs: descri 'on of exis ' buildin ,uses, revious a ovals, etc. ~•~~~ ~~t-fEIO StNGCE ~'kn,~La, ~SIBEti~CFC PROPOSAL: descri tion of ro osed boil ' s, uses, modifications, etc. SPECIRL QEJIEtnI '"~ f~~{Al THE C-ft2FRM MAPCIN MPrPsTj,~ OF-SLPF DE.TE2M/N/~4710n/ Have you attached the following? FEES DUE: $ ~ Pre-Application Conference Summary . Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standazds ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written teat (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model Your pre-application conference summary will indicate if you must submit a 3-D model ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: Commercial net leasable: Existing: /V ft Proposed: /U Number of residential units: Existing:~Proposed: Number of bedrooms: Existing.• n//A Proposed: Proposed % of demolition (Historic properties only):/~ DIMENSIONS: ,S~tP.-30 ,` p Floor Area: Existing: Ste sullK.4Allowable.~~Proposed.• 'V n Principal bldg. height: Existing:~~ Allowable: -1 Proposed: Ai Access. bldg. height: Existing: ~~ Allowable: ~1 Proposed: On-Site parking: Existing: a Required: tl Proposed.• ~I Site coverage: Existing: ~_Required: ~l Proposed.• 61 Open Space: Existing.• ~I Required: ~I Proposed: II Front Setback: Existing: ~I Required.• ~I Proposed.• N Rear Setback: Existing: ~~ Required.• U Proposed: 11 Combined F/R: Existing: ~l Required: N Proposed: 11 Side Setback: Existing: ~ Required: U Proposed: l l Side Setback: Existing: `~ Required: l ~ Proposed.• I I Combined Sides: Existing: I~ Required.• ~~ Proposed: 11 Distance Between Existing LI Required: Ll Proposed.• 11 Buildings Existing non-conformities or encroachments: 11~~f} Variations requested: 100.9re 8 . i3' sP ~~ri~ .tsi .3 s ~,. c~(~ ,~ ii ~~,P~ (for the purposes of calculating Fl or Area, of Area may be reduced for area within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Mitch Haas Haas Land Planning 970.925.7819 February 26, 2010 Re: 69 Shady Lane, Top of Slope Determination Dear Mitch, EXHIBIT Asee~r/Prllox CCNiMUNRV DEVELOPMFNI' DEI'AKPMENI' The Stream Margin Map delineates the Top of Slope outside and above the property boundary of 69 Shady Lane, as illustrated below. The blue line outlines the parcel boundaries for 69 Sliady Lane and the green line demarcates the Top of Slope. The actual surveyed Stream Margin Map is available in the Community Development Departrnent. As stated in the Land Use Code Section 26.435.040; development may not occur below the Top of Slope or within 15 feet above the Top of Slope. The Land Use Code permits an appeal of the Top of Slope Determination to the Planning and Zoning Commission through the Special Review process. Apre-application summary outlining the appeal process is attached to this Determination. Sincere Chr1s Bendon Community Development Director Attachment: pre-application summary 130 SourN GAI.CNA $TRE[f • AsreN, Coww+oo 81611-7975 ~ P~wNe 970.9205090 • Fax 970.920.5939 IM~fed M RKy[W Pipet CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION: DESCRIPTION: Sara Adams, (970) 429.2778 sara,adams@ci.aspen.co.us 69 Shady Lane, Parcel # 2737.07; Mitch Haas, Haas (970)925-7619 mhaasla)soods.ne Stream Margin Special rceview to appeal i op or Slope determination. EXHIBIT 3 DATE: 02.23.10 Background: 69 Shady Lane is located abng the banks of the Roadng Fork River and Hunter Creek. Pursuant to Ordinance No. 26 Series of 1989, it is zoned R-30 PUD. The Rio Grande trail runs parallel to the east lot line and the Aspen Center for Environmental Studies (ACES) is located southwest. The pro>amity of the subject parcel to the waterways requires Stream Margin Review, which applies to all development within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams (i.e. Hunter Creek), and to all development v~ithin the Flood Hazard Area (aka the 100 year flood plain.) Stream Margin Review relies on the Top of Slope determination to dictate where specfic types of development are permitted. The current Top of Slope, as determined by the City's stream margin map, is located such that no future development is permitted on 69 Shady Lane, Proposal: The property owner would like to appeal the Top of Slope determination through the Special Review process to eventually permit development on 69 Shady Lane. The Stream Margin Map located in the Community Development Department delineates the Top of Slope. A property owner applicant may appeal the Top of Slope determination to the Planning and Zoning Commission through a Special Review process using the review criteria listed in Section 26.435.040.E of the Land Use Code. A signed survey by a licensed surveyor proposing a new Top of Slope must be included in the application in addition to an explanation as to why the Top of Slope must be changed and the reasoning behind the proposed delineation. The Planning and Zoning Commission is the final review authodty. Staff strongly recommends that the applicant meet with ACES to discuss the impact of the proposed new top of sbpe line on their property and Hallam Lake, specifically the potential to develop the southern portion of the parcel (the island.) No actual development is proposed at this time. It is important to note that lot area beneath the high water line of a body of water is not included in the total lot area when calculating floor area. Land Use Code Section(s) 26.304 26.435.040 26.435.040.D 26.435.040.E. Review by: Staff for completeness. Public Hearing: Yes. Common Development Review Procedures Stream Margin Review Appeal of Director's Determination Stream Margin Special Review Referral Agencies: Engineering and Parks. Planning Fees: $1,470 Deposit for 6 hours of staff time (additional staff time required is billed at $245 per hour.) Referral Agency Fees: Engineering Major ($410)., Parks Major ($410) Total Deposit: $ 2,290 to submit application. To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application. 6. Total deposit for review of the application. 7. Copies of the complete application packet and maps: l3 copies total. HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =11ea.; Planning Staff =1 8. An 81/2° by 11"vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation shoving the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, maybe waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY OF THE ROCKIES, INC as agent for FIIiST AML+RICAN TITL& INSm2ANCE COMPANY Reference: Prepared for: Corot Dopkin Carol Dopkin heal Estate, Inc. 122 W. Main Street Aspen, CO 81611 Commitment Number: 07D2799-C Ioqulries should be directed to: Susan Hass The Title Company of the Rockies, Inc. 220 East Cody Lana Basalt, CO 81621 Reference Property Address: 69 Shady I.aae, Aspea, CO 81611 SczmouLe A 1. Effective Date: Jane 29, 2009, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17.06) Proposed Insured: A Buyer To Be Determined Issuo Date: July 23, 2009 Policy Amount: Premium: 3. The estate or interest in the lend described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Fleeta Baldwin, Roine St. Andre, Jaclt Rowland, and Jill Boyd, as tenants in common 4. The land referred to in this Commitment is located in the County of Pitlrin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE AI[a CamnNhnenf -2006 Schedule A CoaunitmentNo. 0702799-C Schedule A (continued) LEGAL DESCRIPTION The land referred to in herein is located in the County of Pitkln, State of Colorado, and descnbed as follows: Beginning at a post standing about 30 feet south of the south bank of Hunters Creek and 50 feet west from the center of the Denver & Rio Grande Railroad track, said post being at the northwest corner of parcel of ground deeded to said Denver and Rio Grande Railroad Company by the Hallam Land Company; thence southerly parallel with the Denver and Rio Grande Railroad 266 feet to the north bank of the Roaring Fork River; thence following the north and east bank of the Roaring Fork River with courses westerly and northerly 780 feet to the south bank of Hunters Creek at its junction with Roaring Fotk River; thence N. 89°44' E. 220 feet to the place of beginning. Together with all water rights pertaining thereto. Situate, lying and being in Section Seven (7), Township Ten (10) South, Range eighty-four (84) West of the Sixdt Principal Meridian. NOTE: Upon compliance with Requirement No. 1, the above legal description will be amended accordingiy. Afla Cormaflnren[ - 2006 Schedule A (canOnued) Commitment No. 0702799-C Schedule B-I Requirements COMMITM&NT FOR TITLE aVSURANC& SCaEDULa B - SacrrnN I ReQUmSMENTS THH FOLLOWING ARE THE REQUIREMENTS TO BB COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Legal description by a registered Surveyor or Engineer accurately describing the ]end to be insured. 2. Deed fmm Fleeta Baldwin, Roine St. Andre, Jack Rowland, and Jill Boyd, to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. 3. Evidence satisfactory to the Company that there has been compliance with the Right of First Refusal recorded Apri128, 1976, in Book 311 at Paga 308. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THH RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR NDGMENT LIENS, TAX LIENS OR OTHER S1MiLAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKB SUCH ADDITIONAL REQUIItEMENTS AS TT DEEMS NECESSARY, AFTER THE IDENTITY OF THB GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THB COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT ANDlOR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATBD BY OR OTHERWISE RELIES UPON THE COMIvIITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alfa Connnl0nenf -7006 Commitment No. 0702799-C COMMITMLNr FOR TlrLa INSURANCR ScaannLa B - SacrtnN II E%CRP170NS Schedule B-B Bxceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 2, Easements or claims of easements, not shown by the Public Records. 3. Any encroachment,'encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien fur services, labor or material heretofore or hereafter famished, 'unposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment 6. (a) Taxes or assessments that are not shown as existing Itens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedmgs by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, es reserved in United States Patent recorded December 24, 1902, in Boolc 55 at Page 116. S. Any questioa, dispute or adverse claims to any loss or gain of land as a result of any change in the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or ewlsion of the center thread, bank, channel or flow of the waters in the Roaring Fork River and Hunter Creek lying within the subject land; and any question es to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of ffie Clerk and Recorder For Pitkin County, Colorado accurately locating past or present locations of the center thread, bank, bed or chammel of the above river or indicating any alterations of the same as from time to time may have occurred. 9. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Roaring Fork River end Hunter Creek. 10. Any water rights or claims or title to water in, on or under the land. Alla Conm+rlmen! -2006 Schedule Bdl Excepttans 5 Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 0069 Shady Lane (PID# 2737-073-00-012) Appeal of the Stream Mazgin Map's Top of Slope Determination To whom it may concern: As owners of the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP).to act as our designated and authorized representative for the prepazation, submittal and processing of a letter requesting the appeal of the Stream Margin Map's Top of Slope Determination, as well as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Hearing Officer, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in this letter. Yours truly, Jafc'k Rowland 53 Nova Circle Pine, CO 80470 (303)838-1~8//2'6 ~~/('/~)~ p,~~ sy. / Jl~ ~CiIC~/A. _LJ Print Name Addr,g,ss, any~}} Telephone Number fl ez`~'a :C~ctfcJw i h °°~1(a Yyro~Ean WA Ca ~0 C'tv_~i 21, 2 CITY OF ASPEN COMMUNITY DEVELOPMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jack Rowland (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Stream Marvin Review for the property located at 0069 Shady Lane (PID# 2737-073-00-0121 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the Beater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT fiuther agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 2,290* which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional mondily billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICANT By: _..._ t Rowland Date: ~ - Billing Address and Telephone Number: 53 Nova Circle Pine, CO 80470 (303)838-1826 * 1,470 Planning Fee; $410 Engineering Fee; $410 Parks Fee. o AM3Atl-O9-008-L ' wo~~i(.iane•nnnnnn 0 u ASPEN CENTER FOR ENVIRONMENTAL STUDIES 100 PUPPY SMITH ST ASPEN, CO 81611 'CITY OF ASPEN IATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 ROARING FORK I LLC 445 S FRONTAGE RD BURR RIDGE, IL 60527 wid(1-dod paoga~ al aalanaa luawa6aei ap ul;e aany~ey el a zallday ap sua5 ASPEN CONSOLIDATED SANITATION 565 N MILL ST ASPEN, CO 81611 FRIEDBERG MARC S 50% INT PO BOX 8747 ASPEN, CO 81612 WILLOUGHBY PONDS TRUST 180 N WACKER DR #001 CHICAGO, IL 60606 ®09L5 CALLWINNIE LL 1606 CLEMSON LA JOLLA, CA 92037 HINES GERALD D C/0 DUGDALE MARIAN 2800 POST OAK BLVD HOUSTON, TX 77065-6100 T ~ wia6p3 d0-dod asodxa jaded paa; / ®O9L5 a;eldwal ®tiany asD wa09Z5 ®/~2~3/~t/ ~ i o;cull 6uole puag ~ - i slage-~ ®laad 6se3 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-Continued from June 1st DATE: June 15, 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 the second draft of amendments to this section. Staff made corrections to this draft based on the discussion on June 1St. Staff would like to review the changes and gain P&Z comments. If another draft is necessary, staff would like to continue the public hearing to July 6tf' EXHIBITS: A -Amended text (in resolution format) B -Existing text P2 RESOLUTION N0. _ (SERIES OF 2010) ~ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE: 26.575.020 -CALCULATIONS AND MEASUREMENTS WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.575.020 of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on June 1, 2010, and June 15, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a _-_ L - ~ vote, City Council adopt the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.575.020, Calculations and Measurements, which section authorizes, defines, describes, and depicts how various measurements and calculations regarding development are to be accomplished, to read as follows: 26.575.020. Calculations and measurements. Deleted: The purpose ojthis .Section is ' to seljorlL supplemental regulnIIm+s ti~Gich relate to n+elhods jar calculating wrd nreusuring ccrfuln enumeraferl terms ur used in lhis Title. The defiurtinns njthc tenm~ rue set jor[h ut Formatted: Font: Bold, Italic Formatted: Font: 12 pt Formatted: Right: 0.25" 1• . P3 tc. ,. Formatted: Font: 12 pt a>; rake. Non-conforming as*+~cts of a properiy or structure are limited to the specific nature of the erce-tt v arcelto be _ ~- _. _ Percent o arCel t0 bE~_~_._ lrunuaucu ~au~c Formatted: Font: Bold, Italic included in Net ,Lot Area to included ilr Net~ot Area to `- te ed t d C _ D s ~' r Format e : en determine allowable Floor en 1 y-_ determine allowable Formatted: Font: Bold, Italic Area Formatted: Font: Bold, Italic Areas of parcel with 0°1o to 100% ` _- - Formatted: Centered 20% slope 100% of a parcel with more A Forproperties lit the R-15B •~ Formatted: Centered j reas than 20% and up to 30% slope Zone - 100% For all other properties - 100% 50%. arcel with more of a A For aLroperties in the R-15B '- -'-' Formatted: Centered p reas than 30% slope Zone - 100% For all other properties - 0%. 100% Formatted: Right: 0.25" '• , convert deck space to additional interior space. Lot Area is as follows: P4 Areas below the high water ___ line of a river or body of 0% ___ 0% ` water. Areas dedicated to the Cit~or _ County for open space or a 100% 100% `-- ,public trail. Areas within an existin;t, proposed, dedicated, or vacated public or private ` vehicular right-of-wav or 0% 0% vehicular easement, including emergency access easements. Areas of a grope sub'ecL t to above ground or below ground surface easements __ such as utilities or an 100% __ 100% ` irrigation ditch that do not coincide with vehicular easements. Notes: Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered - Formatted: Bullets and Numbering 2 The maximum total reduction in Floor Area arnibutable to slope reduction for a given site shall not exceed twenty-five percent 25°'°). Option A .The maximum total reduction in Floor Area amibutable t0 SIOpe•-- -- - Formatted: Indent: Left: 0.25', reduction for a given site shall not exceed fifty percent (50%). Hanging: 0.25" OO~tion B There shall be no limit on the reduction in Floor Area attributable to steep slopes except that the total slope reduction shall not result in a property having less than one-thousand (1,000~sguare feet of Floor Area. - Formatted: Indent: Left: 0.25", ` Hanging: 0.25" 3 Areas of a property within a shared driveway easement shall not be excluded from- - -Formatted: Buuets and Numbering Lot Area if the grope abuts a public or private right-of--wav and is not d~endent on the shared driveway to gain access. Formatted: Right: 0.25" ,• . development topography. P5 ~._ __ _ l-feasurin Floor A.„Fea. In measuring floor areas for floor area ratio and allowable --.--- Deleted: n floor area, the following applies: - Deleted: u 1. General. In measuring building for_the and allowable floor area, there shall be inc exterior walls pf 1-e--building or portion therE walls, the measurement shall be taken frolr area ratio -{ Deleted: poor area Deleted: that Deleted: floor Deleted: (measured from their exterior surface) Deleted: veneer and all exterior ,When calculating areas with Floor Area. Examples: a an area created by a "hung" or "false" ceiling is exempt. b an area accessible only through an exterior access panel or crawl space i exempt. c An area accessible only through an interior pull-down access ladder i~ exem t. d [fits dusty and smells like dead rodents its definitely exempt Deleted: each t]oor-to-floor stavcase is counted only once. ~:--- Formatted: Indent: Left: 0.63", Space Before: 6 pt, After: 0 pt S Formatted: Bullets and Numbering e a sleeping loft accessib]e via a stairway or a ladder shall be counted. f An unfinished space which has convenient access shall be counted. •-- - ~ Formatted: Space After: 0 pt P6 • Deleted: (the excess of the fifteen percent [IS%1 shall be included). inches of the around level shall not Deleted: FAR 7: Garages andcarport~, In all zone districts except the R-IS,~ Zone District, for the purpose of calculating floor area ratio and allowable floor area for a sin le-Family or Duplex structure, garages an calports_~Shall be excluded as follows:. _----__..._ . _ Sire of Garage or Carport Area excluded per dwellingnit 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. floor area calculations as described above if it is accessed from said alley or road. If Deleted: acrd landscaped terraces -.--1 Deleted: ¶ s Deleted:, Deleted: and store eg areas Deleted:- Deleted: alot whose principal use is residenri;d ~- Deleted:.. Deleted: and storage areas 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) square feet shall count fifty percent (50%) towards allowable floor area; all garage, carport and storage azeas in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the gazage 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; all garage, carport and storage areas between two htmdred 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 aggregated. Deleted: basement be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property the garage or cargort area shall be excluded from floor area calculations as described in the table above. ,~`or garages that are part of a_,~ubgrade area, the garage exemption is taken from the , total dross below-grade area before the subgrade calculation takes place. [need math ~'~, exam le excluded up to a ~'~ !. ~. Subgrade areas. To_ determine the portion of subgrade areas that are to be '-~ - _ ---- included in calculating floor area, the following shall apply: a. For any story that is partially above and partially below natural or finished grade, whichever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total $' ~; Deleted: In the R-1 B Zone District, gazage, carport and storage areas shall be limited to afive-hundred-square-foot Deleted: 4 Formatted: Right: 0,25" P7 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. For the >,~urposes of this section the wall area to be measured shall not include,- - - ~ Formatted: Indent: First rr,e: o" exterior wall area associated with structural co~onents of the foundation or floors of the structure. f~raphicl example: If fifteen percent (I S%) of the exterior surface wall area has been .. - Deleted: ~ 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 Deleted: ) as floor area. ra hic Accesso Dwellin Units and Carria a Houses. An accesso dwellin unit or ~~ ---- _.~- - g g -- --- D`--- -- g- - --- 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. 10. Affordable Housing,Bonus_ The floor area of a parcel containing asingle-family or duplex residence and a permanently affordable "for sale" ADU or carriage house located on the same parcel which has been transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an affordable housing floor area bonus equal to or less than fifty percent (50%) of the floor area of the associated ADU or carriage house, up to a maxilnuln bonus of six hundred (600) square feet per parcel. 11. Sheds. Stnra~e Units, and similar Accessory Structures. Sheds, stora egg units, 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 be eligible for the exclusions described in Subpazagraph a, above if it is located along said alley or road.¶ c.. In the R-15B Zone District only, garages, carports and storage azeas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit.¶ 5. - (Repealed by Ord. No. 56-?000, §8)¶ 6 Deleted: 7 Formatted: Right: 0.25" 6~ . district requirements for Utility/Trash/Recycle areas. grade. 12. Wildlife-resistant Dumnster Enclosures Wildlife-resistant dumpster enclosures P8 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 b~ the Historic Preservation Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non-historic structures. F13, Allocation of Non-Unit Space in a mixed-use building;. In order to determine the ,,.- --- ueleted: s.. Linked Pavilion. any total floor area of individual uses in a mixed-use building, the total floor area for non- aleme°` Itnkmg the prtn"pal sricture `° an accessory structure shall not he unit space shall be allocated on a proportionate basis of the use categories outlined in included in the calculationoffloorarea, the subject zone district's FAR schedule. The building's gross floor area, minus all Provided that the linking stricture is no more than one (1) story tall, six (6) feet non-unit space, shall be divided amongst the individual use categories in a building. Wide and ten tlo> feet long. areas of These numbers shall then be calculated as a ercent of the ross floor area number p g i'~'ng structures in excess often (10) feet in length shall be counted in floor that does not include the non-unit space. A proportionate share of the non-unit floor area.q area shall then be allocated towards each use category. This provision shall apply to 9 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 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: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Therefore, the one thousand (1,000) square feet of nonunit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. ft. = 2~0 sq. ft. free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. affordable housing floor area = 2~% x 1,000 sq, ft. = 250 sq. ft. (Ord. No. 12-2007) F,. MeasurinE Setbacks. - Formatted: Font: Italic, Underline Formatted: Right: 0.25" 7f . P9 - Formatted: Font: Italic, Underline ra hic line. [graphicl Reverse curve lots shall be treated as a double comer lot with the center third (1/3) of the rear ]ot line. fgraphicl The rear ward setback shall be measured from the rear lot line. The Rear Lot Line shall be the earcel boundary opposite the front lot line A parcel shall have only one rear lot line. side lot lines. The Communiri Development Director shall resolve any discrepancies or situations where the foregoingtext does not~rovide definitive clarity by issuance of a recordable administrative determination. -- Formatted: Font: Not Bold right-of--way. Formatted: Right: 0.25" $•. P10 ~~~ '~ ~ ~ ~~ ~~ Figure 575 l Required Setback From a Private Road or Right-of-Way 4 Combined Yards Where zoningprovisions require a combined setback (either front- rear or side side the setbacks shall be consistent along the affected parcel boundaries. ra hic -- Formatted: Font: Not Bold infrastructure. b. Trees and ve etg ation. # Flagpoles mailboxes address markers c Foundation footers soil nails or below-grade tiebacks and similar improvements necessary for the structural integrity 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 apparatus as may be re~c uired or~ractically necessary. Formatted: Right: 0.25" -~ 9- P11 j_l~rivewavs not exceeding twenty-four (24) inches above or below natural grade rg ound• I. Hot tubs, spas~_nools water features and~ermanently affixed outdoor grills. Formatted: Right: 0.25" lOt to six (6) feet in height as measured from finished grade are permitted only in P12 Temporary intermittent placement of trash containers in or along yards facing a Street is allowed. For example, on "trash day." 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. ,r„F. MeasurinQ Building !-,mil fights. ..--- Deleted: e I. General. In measuring a building for the compliance with hei~eht restrictions theme-._ ~ -' Deleted: n measurement shall be the maximum distance measured vertically„from the ,round _ ~~~ Formatted: Bullets and to the highest point of the building located above that point as further described ~~{Deleted: - - Formatted: Indent: Left: 0.25" a. Measuring from the ground - At each location where the eXteClOr''-- Formatted: 1st para indent 1 no, perimeter of a building meets the ground the measurement shall be taken Numbered + Level: 2 + Numbering from the lower of natural or finished rade. Buildin ennit lans must Style: a, b, c, ... + start at: I + ~ ~p p Alignment: Left + Aligned at. 0.75" d~ict both natural and finished grades. + rab after: ,," + Indent at: 1" In instances where the natural grade of as property has been affected b~ _..-. - Formatted: Font: iz pt prior development activity, the Community Development Director maX accept an estimation of pre-development topography kre~ared by a . For the purposes of measuring height within the footprint of a building, the points around the perimeter of the building as described above, shall be projected from side to side to establish a two dimensional plane ,Formatted: rzignt: o.zs" I 1-'~ energy production systems and equipment located on top of a structure see Section *** 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 wne district requirements for Utility/Trash/Recycle areas. P13 representing the ground The he~ht of the structure within the footprint of the building shall be measured using this ;;t'ound plane. the structure. Formatted: Bullets and Numbering Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.25" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Deleted: <#>Meihods of measurement for varying tyces of roofs. ¶ In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC) and Sen~ce/Commercialllndustrial (S/C/l) 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 ofthe structure. For stmctures m all other Zone Districts, the height shall be measured as follows: Deleted: slope Deleted: the Deleted: the maximum distance 3 For.properties in all other Zone Districts the height of the buildine shall be•' ~ - • Deleted: from the natural or finished grade, whichever is ]ower, measured according to the pitch of the roof as follows: ,~ ~;,' .Deleted; ridge of a flat, mansard or other roof with a slope of less than 3:12. a. Flat roofs or roofs with a ip tch .off less than 3:12. The height of ~building_ r; ~ ;- , ~~~~; slope with a roof pitch of less that 3:12 shall be ~tleasured .from the ground O t}le ;' ; i Deleted: For roofs rooftop or roof ridge~,[graphicl.- _ ....... ... ........._ --- .. ----.. __ i .~,.•'. Detleted: slope b. _Roofs with a rich rom 3: I2 to 7.•12. The height of a building with a roof .='•;`.- Deleted: ,height -- ---- - ip tch from 3:12 to 7:l2rshall be measured from the~ground,~o the~int of the ~_-::- - Deleted: vetticany roof halfway between the eave point and the ridge~'he ridge of the roof _ `,; ~ ~ Deleted: from the natural or finished shall not extend ore than five (5 feet above the maximum height limit. '~:;,,'~•, g=age, whichever is lower, ~...r. -- \.~ _ _ - ._ - --~~-- Deleted: mean height c. _Roofs with a ip lch,~eater_ than ~._ 12, The hei~~ht of a buildin;; with a roof `•,,'~., ~'• Deleted: ofa gable, hip, gambrel or itp chQreater than_7:12 shall be measured om the rog und~o,~he point_of the other similarpitehearoof p p g ~_ _ _ _ _ . -- ~.,, Deleted: a gable, hip, gambrel or other roof one-third t/3 of the distance u from the eave Dint to the rid e. here shall be no limit on the height of the ridge. '• ';;',, ~, pitched ~l'~;;,~;'~,1 Deleted: over d For roofs with multiple pitches within one vertical plane the height of the roof ~.t;,,,,;',,;~ Deleted: slope shall be measured based on the pitch of the hiehest element according to the `;;'•;~;,,; Deleted: ~f methodolo>;y described above. ' ~'''`' Deleted: 8 e For barrel vault roofs heieht shall be measured by drawins? a line within a ':~'~ Deleted: orgYeQrer vertical section between the top-most~oint of the roof and the Eave Point(s) ,'`,' Deleted: For roofs and then applyin;? the methodoloev for the resultin¢ ditch of said line(s). `;:` Deleted: slope °fs:lz nr f Dorniers shall be excluded from the calculation of height if the footprint of the Deleted: ,height shall be measu ... 1 dormer is 50% or less of the roof plane on which the dormer is located. Deleted: the natural or ftrtisnea .., 2 Otherwise dormers shall be calculated accordin;; to the method described Deleted: a _ above ~~~ need to do some testing on this -maybe that 25% is more Deleted:. ~prOpIlate. Formatted: Right: 0.25" i 12r••, P14 4. Allowed Exceptions to Height Limitations feet above the specified maximum height limil;~or roofs with_a pitch_of 8:12 or greater, these elements may not extend more than two (2) feet above the hi~ridge of the structure_ b. Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with [telecom section] c. Elevator and Stair Enclosures. On any structure other than a sin leleg family or duplex residential building, elevator overruns which do not provide roof access shall not extend more than five (5) feet above the specified maximum height limit. Elevator enclosures and stair enclosures providing roof access shall not extend more than ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of fifteen (15) feet. To qualify for this exception, the footprint of the elevator or stair enclosure must be the minimum reasonablynecessary for its function. For single-family and duplex residential buildings, elevator and stair enclosures shall not be allowed a height exception. d. Rooftop Railings. On any structure other than asingle-family or duplex Deleted: Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the rid~c. Formatted: Indent: Hanging: 0.56", Tabs: 0.5". Left + 0.63". Left Deleted: d. . Deleted: antennas Deleted: other Deteted: appurtenances Deleted: Mtennas, Deleted: c Deleted: or Deleted: structures Deleted: over Deleted: ,except Deleted: f Deleted:. exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e. Mechanical EgUipment~Heating, ventilation, and air conditioning_systems,and - Deteted: Water towers,solazpanels ------'" similar mechanical equipment located on top of a building shall not extend ___._- Deleted: -------------- ------ _..-- Fnore than five (5) feet above height of the _building__at the point the .- Deteted: over eq_uipment is attached. ~ _..... __ Deleted: the specifiedmaximtunheigh[ limit. f._ Ener~y Production Systems and Equipment. Energyproduction systems and equipment includin sg olar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building shall not extend more than five (5) feet above the height of the building at the point the equipment is attached. On any structure other than asingle-family or duplex residential building these systems may extend up to ten (10) feet above height of the buildins; at the point the equipment is attached if approved pursuant to Commercial Design Review. Formatted: Right: 0.25" 13- P15 g_Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. ~i. Exceptions for buildings on slopes. The maximum height of a (street-facing) facade may extend for the first thirty (30) feet c depth. Formatted: Indent: Left: 0.5" --•- Deleted: 3.. stairwells. An areaway, light well or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street and enclosed on all four (4) sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. calculating site coverage of a structure or re or building at ground level should be use the exterior walls of the ~_ Measurement of ,D~molition. The City Zoning Officer shall determine if a building_ is intended to be or has been, demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: 1. The surface area of all existing (prior to commencing development) exterior wall assemblies above fmished 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. Deleted: C .Lot r[rea. Except in the R-1 SB "Lone District, when calculating floor area ratio, lot aeeas shall include only areas with a slope of less than twenty percent (20°/a). In addition, half (.50) of lot areas with a slope of twenty to thirty percent (20-30%) may be counted towazds 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 (as°i") 9 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 area 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 Ciry or County for the public trail system, any open irrigation ditch or any ]ands 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 (2D %) slope. Deleted: D Deleted: E Deleted: d Formatted: Right: 0.25" 14~'~ Special Review (Also see setback requirements for these systems ~~° - treatments such as stone bricks shin leg s _ clapboards or other exterior veneer treatments. Porches, roofs or balcony overhangs, cantilevered building elements and slmllar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. P16 Exterior wall assembly and roof assembly shall constitute the exterior surface of that Deleted: 26.575.oa0.. Yards.¶ element in addition to the necessary subsurface components for its structural integrity, A. -Pro%ecdons irtlo required yards. yards shall be unobstructed from the including such items as studs, joists, rafters etc. If a portion of a wall or roof structural ' gr°una t° the Sky except for the following capacity is to be removed, the associated exterior surface area shall be diagrammed as allowed projections:¶ L .Building eaves -Eighteen (]g) being removed. If a portion of a wall or roof involuntarily collapses, regardless of the inches;¶ developer's intent, that portion shall be calculated as removed. Recalculation may be 2.. Architectural projections -Eighteen (IS)inches;¶ necessary during the process of development and the Zoning Officer may require updated 3.. Balooniea not ut;lizea as an exterior calculations as a prof ect progresses. ~ passageway may extend [he lesser of one- hi d t r (i,> of the way between the required Replacement of fenestration shall not be calculated as wall area to be removed. New, setback and the property line or four (a) feet.¶ relocated or expanded fenestration shall be counted as wall area to be removed. 4. Fire escapes required by the ]ntemat;onal Building code -Four (a) Only exterior surface area above finished grade shall be used in the determination of feet;¶ 5.. Uncovered porches, slabs, patios, demolition. Sub-grade elements and interior wall elements, while potentially necessary walks, retaining walls, steps and similar stntctures, which do not exceed thirty for a building's integrity, shall not be counted in the computation of exterior surface area. (~o) inenes above or below natural grace or finished grade, whichever is more According to the prepared diagram and area tabulation, the surface area of all portions of restrictive, shall be pemtitted to project intn the yard wahout restriet;on. the exterior to be removed shall be divided by the surface area of all portions of the Projections may exceed thirty (30) inches exterior of the existing structure and expressed as a percentage. The Zoning Officer shall below grade if determined to be required by the Chief Building Official for use this percentage to determine if the building is to be or has been demolished according window egress.¶ to the defmition in Section 26.104.100, Demolition. If ortions of the buildin ~ h g 6.. Fe"°es, hedges, berms and walls less than six (6) feet in height, as measured involuntarily collapse, regardless of the developer's intent, that portion shall be calculated from natural grade, are permitted in all as removed. required yard setbacks. (See Supplementary Regulations -Section It shall be the responsibility of the applicant to accurately understand the structural 26.575.050, Fences. ).¶ 7.. Driveways. Driveway access shall ca abilities of the buildln rior to undertakin a remodel. Failure to ro erl p g p g P p y not exceed a depth or height greater than t f 24 i h b understand the structural capacity of elements intended to remain may result in an wenty- our ( ) nc ove or below es a grade withintlterequiredfrontyard involuntary collapse of those portions and a requirement to recalculate the extent of setback. Within all other required setbacks, driveway access shall not demolition. Landowner's intent or unforeseen circumstances shall not affect the exceed a depth or height greater than calculation of actual physical demolition. Additional requirements or restrictions of this thirty (so) incites above or below grad=. Parking is only permitted within required Title may result upon actual demolition. setbacks if it is in an approved ativeway or other azea approved for pazking.¶ Ord. No. 44-1999 7' Ord. No. 55-2000 14. Ord. No. 56-2000 5 6 8. Ord. No. 25- ~ ' ~ ' ~ ~ ~ ~ ~ g. Exteriormerchandizing. Exterior , , > > 2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2-4; Ord. No. 12-2006, §19; merchandizing in nonresidential zone districts shall be prohibited inalirequired Ord. No. 12, 2007, X32) yard setbacks.Q 9.. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard setbacks. On comer lots, ................o, ,.y,..y,,,.,,., ,,.ay ..~. ~~ y.n~ci definition et leasable commercial and office space. ThOSe areas Wlthm a ; in the setback of any yard facing - commercial or office building which are, or which are designed to be, pccupied fo_r _ ~~~ ~ Deleted; q commercial purposes. _ ~ -Deleted: leased to a tenant and lr Measureme~rt of Net Lensuble Sauce. The calculation of Net Leasable Space Deleted: or office shall include all interior space of a building measured from interior wall to interior wall ~ Formatted: Indent: Left: 0", First including interior partitions and inclusive of all areas which can be leased to an individual line: o", Tabs: o.s", Left+ Not at 0.98" tenant including offices, hallways, tneeting_rooms display areas showrooms kitchens Formatted: Font: Italic dining rooms coat rooms bathrooms storage storage rooms walk-in refrigerators or ,Deleted: ,exclusive of any freezers, changing rooms waiting rooms and similar space which may be leased to a •' - Deleted: including, but not necessarily tenant. The calculation of Net Leasable Soace shall exclude,~ornmon areas of a buildinf~ ,~" ,.'~ limited to, areas dedicated to not intended or designed to be leased to an individual tenant such as~ommon_bathrooms, _.-•"~ Formatted: Right: 0.25^ 1st' P17 common stairways, common circulation corridors, storage areas or similar common spaces not Intel individual tenant. ~ __. --__... areas, - -• Deleted: and - Deleted: provided, however, that these areas aze used solely by tenants on the site. ---- Formatted: Indent: Left: 0", First line: 0" J in which it is installed. ldefinitionl Net livable area. The areas~wtthm a desiuned to be, used for habitation and human acti ~_.-•--- Formatted: Indent: Left: 0.38", First line: 0" +--- - Formatted: Indent: Hanging: 0.03" Deleted: available t Livable Area The calculation of Net Livable Area shall'--- N ON tla ft " n Gnem~tt e J easurement o pace measured from interior wall to interior wall, including interior~• ll i i ~ + , Le 0.5 Tabs o.9s" or s nter include a partitions and inclusive of, but not limited to, entrvways or lobbies dedicated to only one ' _ Formatted: Font: Italit: unit, habitable basements, and tora a areas, closets and laundry areas accessible from - -~-- - ------------------------ ----------- ----- --- - ----- --- clrculatlon areas • d -. Formatted: Font: Bold, Italic , _ e common the interior of a unit. Net livable Area shall not inclu . Deleted: interior mtlar common -- s d ors or l ~ mmon lobbies common stairwells common elevator com mdi co d b an individual tenant. Net Livable Area l b ng Deleted: ;but exo e e occu s aces not intended or desi ed to shall not include uninhabitable basements, mechanical areas, stairs unconditioned ri • garages, ~arDOrts2 patlos, decks„porches_ or .` _ __ essible only from the exterior or Deleted: exte , Storage acc - Deleted: stairwells, similar aces. Deleted: (attached or unattached), K ~xcentions for Energy Eflciency The Community Development Director may~~-- - V Deleted: and . Formatted: Justified ~;. : approve exceptions to restrictions on Floor Area Setbacks Nelf;ht or Measurement of •. Formatted: Font: Bold, Italic Demolition to accommodate the addition of enert;y production systems or enerQy fficiency systems or equipment in or on exlstinQ bulldmss when no other praChcal Formatted: Font: Bold, Italic e solution exists. The Communi Develo ment Director must first determine that the Formatted: Font: Bold, Italic visual impact of the exemption is minimal and that no other reasonable way to implement n or efficiene exists. A royal shall be In the form of a recordable cti d u o ener re administrative decision. , s or 8uildin Code Can /lance The Communi Develo inept -_ li E -' Formatted: Font: Bold, Italic on xce L ceptions to restrictions on Floor Area Setbacks, Heiuht, Or ,-' ve -' Formatted: Font: Bold, Italic ex Director may appro _ _ ~ .~_____r:.:__ «,, ,,,,,,,,,,,,,,~,~~ta ~mnrnvemetltS required tO aChleVe Formatted: Font: Bold, Italic coin liance with bulldm pre or accesstvun wuca ..r ~~ ~~~ ~^~~•••• ~~••~--• - ~~--- --- other practical solution exists The Community Development Director must first .Formatted: Right: o.zs" 16• P18 administrative decision. Formatted: Justifed Formatted: Font: Bold, Italic Formatted: Bullets and Numbering Section 2• A public hearing on the Resolution was held on the 151 and 1 ~`h days of June, 2010, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than fifteen (I 5) days prior a public notice of the same was published in a newspaper of general circulation within the City of Aspen. FINALLY, adopted, passed and approved this day of , 2010. Attest: City Clerk Approved as to form: City Attorney Stan Gibbs, Chair Formatted: Right: 0.25" 17-'~ P19 ~~~~' ~Z~ ' ' ' 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 junk Yard and Service Yards. 26.575.050 Fences. 26.575.060 Utility/trash service aeeas. 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. Reb lations specified in other sections. of this Title shall be subject to the following 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 are set forth at Section 26.104.100. A. Floor area. In measuring floor areas for floor azea ratio and allowable floor area, 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 azea rafio and al- lowable floor azea, there shall be included that floor azea 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 areas with stairs, each floor-to-floor staircase is counted only once. 2. Decks. Balconies, Porches. LoQaias and Stairways. The calculation of the floor azea of a building or a portion thereof shall not include 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 the 15% shall be in- cluded). Porches and landscape terraces shall not be counted towazds FAR. 3. Gazaees, 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 azeas shall be excluded up to a maxi- mum azea of two hundred fifty (250) squaze feet per dwelling unit; all gazage, carport, and storage azeas between two hundred fifty (250) and five hundred (500) squaze feet shall count fifty (50) percent towards allowable floor area; all gazage, carport and storage areas in ex- cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi- dential floor azea 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 area calculations up to two hundred fifty (250) squaze feet per dwelling unit if it is located on said alley or road; all garage, carport and storage azeas between two hundred fifty (250) and five hundred (500) squaze feet shall count fifty (50) percent towards 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 garages 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 areas shall be limited to a five hundred (500) square foot exemption 4. Suberade azeas. To determine the portion of subgrade azeas that aze 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 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 azea calculation. subgrade stories with no exposed exterior surface wall azea shall be excluded from floor azea calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or fmished grade (whichever is lower), then fifteen (15) percent of the gross squaze 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 rear or side of the dwelling unit, the gazage or carport shall only be eligible for the exclusions described in sub-section a if it is located along said alley or road. a•,a acczx~J, c. hi the R-15B zone district only, gazages, 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 Dwelline Units and Cazriaee 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 permanently affordable ADU or Carriage House Floor Area Exem tion. One Hundred (100) percent of the Floor Area of an ADU or Carnage House which is detached from the primary residence and deed restricted as a "For Sale" affordable housing unit and transfeaed 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 squaze feet per parcel. 7. Affordable Housing Bonus. The Floor Area of a pazcel containing asingle- family or duplex residence and a permanently affordable "For Sale" ADU or Carriage House located on the same parcel which has been transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage House up to a maximum bonus of six-hundred (600) squaze 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 Space in a mixed-use buildine. 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 azea, 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 azea number that does not include the non-unit space. A proportionate shaze 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 squaze footages: 2,000 sq. ft. commercial floor azea + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor azea + 1.000 sq. ft. of non-unit floor azea = 9,000'sq. ft. total floor azea Then, the total unit floor area in the building would be 8,000 sq. ft. floor azea. Using the Allocation of Non-Unit Space standazd, the uses account for the following per- centages of the total unit floor azea: commercial floor area = 25% free-mazket 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 azea = 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 VarvinQ Types a Roofs. In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC), and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top, ridge, or pazapet of the structure. For structures in all other zone districts, the height shall be measured as follows: 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 fmished 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 similaz 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 azeaway, 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 azea ratio, lot areas shall include only areas 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 azea ratio; azeas 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 azea 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 area 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 azea 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 prepaze and submit a diagram showing the following: 1. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.) 2. The exterior surface area, as described above, to be removed. Wall azea or roof azea 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 azea tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element hi 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 azea to be removed. New, relocated or expanded fenestration shall be counted as wall azea to be removed. Only exterior surface area above fmished grade shall be used in the determination 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 azea. According to the prepazed diagram and area tabulation, the surface area of all portions of the exte- rior 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 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 lic Amenity A. rpose. The City of Aspen seeks a vi ,pleasant downtown Public environment. blic enity contributes to an attractive co ial 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 physica operational improvements to public rig of-way or private property within these districts ublic Amenity provided on the subject deve opment site is referred to as On-Site Public Ame ' in this section. ~'~ B. App[icabi ' and Requirement The requ opment of al mmercial, lodging, and mixed-use L, CL, L d LO Zone Districts This area repres town, well as important mixed-use, service d irements f t is Section shall .apply to the devel- dev pment within the CC, Cl, MU, NC, SCI, s Aspen's primary pedestrian-oriented dowy. lodging neighborhoods. /-/' wenty-five (25) percent of each p within the applicable area shall be ded 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 is required. A reduction in the req ' 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 residenti ses. Also exempt from these provisions shall be the r velopment of pazcels where no o rte Public amenity currently exists, provided the redevelo ent is limited to replacing the b ' ing in its same dimensions as measured by foo ~ t, heieh d floor azea. C 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 nation of methods for providing this required am .One or more of the following me may be used such that the stat~td is reached. City of Aspen Land Use Code. August, 2007. Part 500, Page 65 P26 Mobile home park. A pazcel or area of land upon which two (2) or more mobile homes, occupied or intended to be occupied for a dwelling, aze located for any period of time, regardless of whether or not a chazge is made for such accommodations, and whether or not the mobile homes and/or land are 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 chazacteristics. 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 square 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 Caf€, 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, hazdwaze, 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 areas, 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 prepazation and serving of food ma_y be 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