HomeMy WebLinkAboutcoa.lu.ca.Comp Plan, Powers & Duties,Yards 2006.0079.2012 (above) 4
THE CITY 4F .ASPEN
City of Aspen Community Development Department
CASE NUMBER 0079.2012.ASLU (FOR 2006)
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER JENNIFER PHELAN
CASE DESCRIPTION CODE AMENDMENTS FOR 2006
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 11.06.12
CLOSED BY ANGELA SCOREY ON: 11.6.12
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Description APPLICATION FOR MISC CODE AMENDMENTS FROM AND FOR 2006 issued
POV�ERS AND DUTIES,YARDS,AND LODGE AND
COMPREHENSIVE PLAN
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Submitted JENNIFER PHELAN ock DaysF76
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ASPEN CO 81611
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NO
• MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Jennifer Phelan, Senior Long Range Planner (f
RE: Proposed Miscellaneous Code Amendments - Second Reading of Ordinance 50-a,
Series 2005, continued from January 9,2006, and March 13, 2006
MEETING
DATE: April 10, 2006
Staff is proposing a number of revisions to the following sections of the Land Use Code:
26.104.030, Comprehensive Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers
and Duties; 26.220.010, Powers and Duties; 26.575.040, Yards; 26.710.190, Lodge (L); and
26.710.200, Commercial Lodge(CL).
The intent of many of the revisions is to clarify particular sections of the Land Use Code, but
there are also substantive changes included. This staff report is divided into sections that
correspond with the attached ordinance. A summary of the proposed changes precedes the code
amendments. Any words that are green, underlined, and in italics are new, while any words that
are red with a str-ikethr-augh are deleted.
Section 1
The intent of the amendments in Section 26.104.030, Comprehensive Community Plan, is to
clarify how plans and documents are to be used, either as guidelines or in a regulatory capacity,
and the process for adopting those plans and documents. Besides the Aspen Area Community
Plan (AACP), documents such as the Employee Housing Guidelines and Historic Preservation
Design Guidelines are used for reviewing development applications by decision-making bodies.
Additional documents such as neighborhood plans, the infill report, and the civic master plan
either exist or are being developed but how they are to be used by decision-making bodies is not
as clear.
Staff is recommending that when a document is created, it should be determined whether these
documents are to be used in a guiding or regulatory capacity. The intended use of the document
shall be included within the document. If a plan or document is to be used as a policy or
guideline of a decision-making body it should be adopted by resolution, but if it is to be used as a
regulatory document it should be adopted via ordinance by Council.
As proposed, the text amendments in Section 1 require that language be included within the text
of the document as to how the plan or document is to be used: either in a guiding or regulatory
• capacity. If used as a guideline the document should be adopted by resolution. When a document
will be used in a regulatory capacity it shall be adopted by ordinance. Additionally, the
amendment requires any resolution or ordinance adopting the document include language within •
the content of the resolution or ordinance stating how the document will be used and that the
adoption of the document be preceded by at least one public hearing.
Chapter 12.104—GENERAL PROVISIONS
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may re-adopt, amend, extend, or add to its comprehensive community
plan or cam an part art of its subject matter into greater detail through the development of
supplemental plans guidelines, or documents. Within the text of these plans, guidelines, or
documents it shall be described how the material shall be used in relation to the AACP, land use
development and planning_Specifically, there shall be a determination of whether the document
shall be used as a zuiding or regulatory document. The document shall be adopted by resolution
or ordinance as provided in Chapter 26200, Administration—Decision Making Bodies.
Before the adoption of a plan or any such part, amendment, extension, or addition by an
adopting body at least one (1) public hearing shall be conducted notice of the time and place of
which shall be given by one L) publication in a newspaper of general circulation in the city as
outlined in Section 26.304.060 E.3.a., Publication of notice.
Section 2•
Section 26.208.010, Powers and Duties, outlines the powers and duties that Council is granted
which includes such duties as initiating amendments to the official zone district map, designating
historic overlay districts, and designating historic landmarks. Section 2 provides Council the
ability to adopt any document by resolution or ordinance. Currently, sub-section 26.208.010 I.
provides Council the power to adopt the historic preservation guidelines and ratify the Historic
Preservation Commission's evaluation of the inventory of historic structures. The new language
in the sub-section still provides Council the ability to adopt the guidelines, however the power to
ratify the inventory has been deleted. Any structure that is listed on, or removed from, the
inventory is through the adoption of an ordinance by Council. Ratifying the inventory is
redundant and has been deleted.
Chapter 26.208—CITY COUNCIL
Section 26.208.010, Powers and duties.
T T adopt h to fie distr: t .1 h there la.,dmafk �l 1 ent guidelines n to r.,ti fy
rrnZC-arscn$�-urnrn'i�roz-rcrcarmrnanc,a°c`oS°cro�zir��.,. �,:.........,..., «, .....��
stfttetufes p ,,t to Chapter 26.415-,
I To adopt by resolution or ordinance an plans, guidelines or documents that will be used
in a guiding or regulry capacity by the city. How the material shall be used in relation to
the AACP, land use development, and planning shall be described in the content of the
resolution or ordinance. Specifically, there shall be a determination of whether the document
will be used as a guiding or re ulatory document. When used as a guiding document of the
city it shall be adopted by resolution and when used as a regulatory document it shall be
adopted by ordinance. Any plans, guidelines or documents that are adopted by resolution or
ordinance shall not be adopted until notice is provided as outlined in Section 26104.030
Comprehensive Community Plan and Other Plans Guidelines or Documents;
Section 3:
Section 26.212.010, Powers and Duties, outlines the powers and duties that the Planning and
Zoning Commission is granted including such duties as hearing conditional use applications and
hearing variance requests to the Residential Design Standards. Section 3 provides the
Commission the ability to adopt any document by resolution and recommend to Council that a
document, if it is to be used as a regulatory document, be adopted by ordinance.
Chapter 26.212 —PLANNING AND ZONING COMMISSION
Section 26.212.010, Powers and duties.
R. To adopt by resolution any plans, guidelines or documents that will be used in a
guiding capacity by the Commission or, if to be used in a re latory capacity to recommend via
resolution adoption of any plans guidelines or documents by the City Council How the
material shall be used in relation to the AACP, land use development and planning shall be
described in the content of the resolution. Specifically there shall be a determination of
whether the document will be used as a guiding or regulatory document. When a plan
guideline, or document is to serve as a regulatory document as determined by the Commission
the resolution shall include a recommendation to the City Council for adoption of the document
by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be
adopted until notice is provided as outlined in Section 26.104.030 Comprehensive Community
Plan and Other Plans, Guidelines, or Documents.
Section 4•
Section 26.220.010, Powers and Duties, outlines the powers and duties that the Historic
Preservation Commission is granted including such duties as recommending to Council the
approval or disapproval of the designation of a historic district or landmark and to review and
approve development within Historic Overlay Districts or involving the Aspen Inventory of
Historic Landmark Sites and Structures. Section 4 provides the Commission the ability to adopt
any document by resolution and recommend to Council that a document, if it is to be used as a
regulatory document, be adopted by ordinance.
Chapter 26.220, HISTORIC PRESERVATION COMMISSION (HPQ
Section 26.220.010, Powers and duties.
E. To adopt by resolution any plans guidelines or documents that will be used in a •
ug iding capacity the Commission or, if to be used in a regulatory capacity, to recommend via
resolution adoption ofa any plans guidelines or documents by the City Council. How the
material shall be used in relation to the AACP land use development planning, and historic
preservation shall be described in the content of the resolution. Specifically, there shall be a
determination of whether the document shall be used as a guiding or regulatory document.
When a plan guideline or document is to serve as a re u�lat_ory document as determined by the
Commission the resolution will include a recommendation to the City Council for adoption of
the document by ordinance Any plans guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents.
Section 5•
When developing a property, a minimum setback (the yard) between a building and the property
line is typically required. However, when a property receives access from a private right-of-way,
the property line is often located within the right-of-way. Previously, the land use regulations
regulating the setback from a private right-of-way made the assumption that the property line
was located at the centerline of the right-of-way. Often, this is not the case and the location of the
property line within the right-of-way varies. To try and accommodate measuring setbacks for
these properties, staff is proposing that in most cases the minimum setback be measured from the
boundary of the right-of-way. This will create a consistent and uniform setback for properties
along a private right-of-way.
Chapter 26.575—MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Section 26.575.040, Yards.
B. Required Yards Adjacent to Private Reads Streets and Rights-of--way. All r°° ir°a yard
rn-
setbacks undef zone distr-iet regulations are based on distanee measured from the
Where there is no public dedication and
the lot line extends into the eente lin ^f the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations
an additional t o * equal to one half air of r-ight y :,A,idth as if sueh
pfivate way were dedieated for-public us�7 along the closest boundary of the right-of-
way to the proposed structure. When a property's lot line does not extend into the
right-of-way, the required yard setback shall equal the minimum distance specified
under zone district regulations from the lot line. Please refer to Figure 575.1,
Required Setback from a Private Road or Right-of-Way.
•
--------------- -- T-- - ------ ...........
...... ------------ ---- ---------
_ - - ----------- - .......f _ -._._.-._.I
Figure 575.1: Required Setback from a Private Road or Rikht-of-Way
Section 6•
• With recent changes to the city's existing zone district regulations that accommodate lodging, a
number of issues have surfaced that warrant clarification. In this section, Staff included language
that requires a trash/utility service area be provided in the Lodge (L) zone district as is required
in other zone districts.
26.710.190 D. 6.,Minimum Rear Yard Setback is amended to read:
6. Minimum rear yard setback (feet): Five 5l. Plus, a trashlutiliU service area shall be
required abutting the alley, pursuant to Section 26575.060 Utility/Trash/Recycle
Service Areas.
Section 7•
Included in Section 7 are substantive changes to the FAR allowance for non-unit space. Non-unit
space includes hallways, private parking, linen closets, and etc. that are necessary components of
a building. Looking at a number of current and potential projects, Staff determined that the
individual ratio allowed for non-unit space was too small to allow for basic life-safety issues to
be addressed within the ratio. After comments from the Commission, Staff is recommending
removing the non-unit space ratio as an individual FAR category. Except for free-market
development, FAR for non-unit space would not be attributed to the individual FAR caps for
individual uses, but the maximum FAR cap for the parcel cannot be exceeded. The intent of
including the non-unit FAR space associated with free-market residential development in the
individual cap of FAR for free-market development is to provide a disincentive for the
® development of expansive hallways, foyers, and etc. that could be associated with the free-
market development.
i
26.710.190 D.10, Floor Area Ratio (FAR), is amended to read:
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare
Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge
units per 500 square feet of Lot Area and an average lodge unit size of 500
square feet or less. This FAR schedule is cumulative, up to a total maximum
FAR of 3:1 for parcels of 27,000 square feet or less in size and 2.5:1 for
parcels greater than 27,000 square feet. Also see Section 26.710.190.E.
Unless otherwise stated below, a development's non-unit space shall not
count towards the FAR cap of an individual use categry; however, the
maximum FAR cap for the parcel shall not be exceeded
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2.Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
3.Uses and f4eilities e-illafto a ledging operation (non unit e).
4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6:5.Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.All non-unit space attributable to Free-Market Residential or
Large Lodge/Timeshare Units shall count towards the individual FAR
allowance for Free-Market Residential or Large Lodge/Timeshare units.
Section 8•
Included in Section 8 are substantive changes to the FAR allowance for non-unit space that
duplicate the changes in Section 7.
26.710.190 B, is amended to read:
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
• than 27,000 square feet. Unless otherwise stated below, a development's non-unit
Mace shall not count towards the FAR cap of an individual use categom
however, the maximum FAR cap for the parcel shall not be exceeded.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review,pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
3.
space):
Tpace ,]1:1.
,,:':fi^ ,,i7l W}`si-.-,— G
42. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430. All non-unit space
attributable to Free-Market Multi-Family Housing shall count towards
the individual FAR allowance for Free-Market Multi-Family Housing
Section 9:
Included in Section 9 are substantive changes to the FAR allowance for non-unit space that
duplicate the changes in Section 7.
26.710.190 D. 10.,Floor Area Ratio (FAR), is amended to read:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1. Unless otherwise stated below, non-unit space associated
with individual uses shall be attributable to the individual FAR allowance. Unless
otherwise stated below, a development's non-unit space shall not count towards the FAR
cap of an individual use category; however, the maximum FAR cap for the parcel shall
not be exceeded.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
}�S��ectiond2F6,,.^4.'3.0`.. ^ !edging
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.d
d) Free-Market Multi-Family Housing: .5:1. All non-unit space attributable to
Free-Market Multi-Family Housing shall count towards the individual FAR
allowance for Free-Market Multi-Family Housing.
RECOMMENDATION:
Staff recommends that the City Council approve the attached ordinance, approving staff •
recommended changes to Sections: 26.104.030, Comprehensive Community Plan; 26.208.010,
Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties; 26.575.040,
Yards; Lodge (L); and 26.710.200, Commercial Lodge (CL) of the Land Use Code.
Recommended Motion (All motions are proposed in the affirmative):
"I move to approve Ordinance No.50-a, Series of 2005, upon second reading."
City Manager Comments:
Attachment:
EXHIBIT A-Text Amendment Review Criteria& Staff Findings
EXHIBIT B -Resolution of the Planning and Zoning Commission
EXHIBIT C —Minutes of the Planning Commission (November 1 and 22, 2005)
EXHIBIT D-Minutes of the City Council (January 9, 2006)
• I
I
•
ORDINANCE N0. 50-a
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN;
26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND DUTIES; 26.220.010,
POWERS AND DUTIES; 26.575.040, YARDS; 26.710.190, LODGE (L); AND 26.710.200,
COMMERCIAL LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing
clarification on the process of adopting plans and guiding documents and how the plans or
guidelines will be used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the
way a setback is measured from a private road; and,
WHEREAS, the Community Development Department initiated code amendments to
the Lodge zone district and Commercial Lodge zone district standards to encourage new
development and redevelopment of lodging units within the city and finds that additional
amendments to the code are necessary to facilitate new development and redevelopment of
lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
text amendments under the applicable provisions of the Municipal Code as listed under Land Use
Code Section 26.310.040, Standards of review; and,
WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public
hearing on November 1, 2005 and continued on November 22, 2005, as required by Section
26.310.020, Procedure for amendment, approved Resolution No. 34, Series of 2005, by a five to
zero (5-0) vote, approving the recommended changes to the above referenced sections of the
Land Use Code, and recommending that City Council approve the proposed amendments.
WHEREAS, the Aspen City Council has reviewed and considered the code amendments
under the applicable provisions of the Municipal Code as identified herein, has taken public
testimony, and heard the recommendations of the Planning and Zoning Commission and
Community Development Director on January 9, 2006, continued to March 13, 2006, and again
continued to April 10,2006; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO:
Section 1
Section 26.104.030 of the Municipal Code, which section sets forth the Comprehensive
Community Plan shall be amended to read as follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
Page 1 of 7
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may re-adopt, amend, extend, or add to its comprehensive community
plan, or carry any part of its subject matter into greater detail through the development of
supplemental plans, guidelines, or documents. Within the text of these plans, guidelines, or
documents it shall be described how the material shall be used in relation to the AACP, land use
development, and planning. Specifically, there shall be a determination of whether the document
shall be used as a guiding or regulatory document. The document shall be adopted by resolution
or ordinance, as provided in Chapter 26.200, Administration—Decision Making Bodies.
Before the adoption of a plan or any such part;amendment, extension, or addition by an adopting
body, at least one (1) public hearing shall be conducted, notice of the time and place of which
shall be given by one (1) publication in a newspaper of general circulation in the city as outlined
in Section 26.304.060 E.3.a., Publication of notice.
Section 2•
Section 26.208.010 of the Municipal Code, which section sets forth the powers and duties of the
City Council, is hereby amended to by amending subsection(I) to read as follows:
I. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the
AACP, land use development, and planning shall be described in the content of the resolution
or ordinance. Specifically, there shall be a determination of whether the document will be
used as a guiding or regulatory document. When used as a guiding document of the city it
shall be adopted by resolution and when used as a regulatory document it shall be adopted by
ordinance. Any plans, guidelines or documents that are adopted by resolution or ordinance shall
not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents;
Section 3•
Section 26.212.010 of the Municipal Code, which section sets forth the powers and duties of the
Planning and Zoning Commission, is hereby amended to by adding subsection (R) to read as
follows:
J R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding
capacity by the Commission or, if to be used in a regulatory capacity, to recommend via
resolution adoption of any plans, guidelines, or documents by the City Council. How the
material shall be used in relation to the AACP, land use development, and planning shall be
described in the content of the resolution. Specifically, there shall be a determination of
whether the document will be used as a guiding or regulatory document. When a plan,
Page 2 of 7
guideline, or document is to serve as a regulatory document as determined by the Commission,
the resolution shall include a recommendation to the City Council for adoption of the document
by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be
adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community
Plan and Other Plans, Guidelines, or Documents.
,/ Section 4:
Section 26.220.010 of the Municipal Code, which section sets forth the powers and duties of the
Historic Preservation Commission, is hereby amended to by amending subsection (E) to read as
follows:
E. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding
capacity by the Commission or, if to be used in a regulatory capacity, to recommend via
resolution adoption of any plans, guidelines, or documents by the City Council. How the
material shall be used in relation to the AACP, land use development, planning, and historic
preservation shall be described in the content of the resolution. Specifically, there shall be a
determination of whether the document shall be used as a guiding or regulatory document.
When a plan, guideline, or document is to serve as a regulatory document as determined by the
Commission, the resolution will include a recommendation to the City Council for adoption of
the document by ordinance. Any plans, guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents.
-/Section 5:
Section 26.575.040 of the Municipal Code, which section sets forth supplemental regulations
that shall apply to all yards, is hereby amended to by amending subsection (B) to read as follows:
B. Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback shall equal
the minimum distance specified under the zone district regulations along the closest
boundary of the right-of-way to the proposed structure. When a property's lot line does not
extend into the right-of-way, the required yard setback shall equal the minimum distance
specified under zone district regulations from the lot line. Please refer to Figure 575.1,
Required Setback from a Private Road or Right-of-Way.
Page 3 of 7
._ -.---I- .--- -.-.-.-.-2 ._._.
0
Figure 575.1: Required Setback from a Private Road or Right-of-Way
Section 6•
Section 26.710.190 of the Municipal Code, which section sets forth regulations for the
development of land within the Lodge (L) zone district, is hereby amended to by amending
subsection (D)(6) to read as follows:
6. Minimum rear yard setback (feet): Five (5). Plus, a trash/utility service area shall be required
abutting the alley,pursuant to Section 26.575.060, Utility/Trash/Recycle Service Area.
Section 7•
Section 26.710.190 of the Municipal Code, which section sets forth regulations for the
development of land within the Lodge (L) zone district, is hereby amended to by amending
subsection(D)(1 0)(A) to read as follows:
A. The following FAR schedule _applies to Commercial, Lodge, Timeshare Lodge, Exempt
Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of
Lot Area and an average lodge unit size of 500 square feet or less. This FAR schedule is
cumulative, up to a total maximum FAR of 3:1 for parcels of 27,000 square feet or less in
size and 2.5:1 for parcels greater than 27,000 square feet. Also see Section 26.710.190.E.
Unless otherwise stated below, a development's non-unit space shall not count towards the
FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall
not be exceeded.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses; Arts,
Cultural and Civic Uses; Public Uses; Academic Uses; childcare center: .25:1, which
may be increased to .5:1 by Special Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space): 2:1, which
may be increased to 2.5:1 by Special Review, pursuant to Section 26.430.
Page 4 of 7
3. Commercial Parking Facility: 1:1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.
5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less than or equal
to 25% of the FAR of the total project including both unit and non-unit space, but not
including FAR devoted to parking. For example: If the total project represents 10,000
square feet of Floor Area, then 2,500 square feet may be free-market residential space or
space devoted to lodge/timeshare units which are not to be limited by the average unit-
size limitation. This percentage may be otherwise established for a project through a
Planned Unit Development review. Also see Section 26.710.190.F. All non-unit space
attributable to Free-Market Residential or Large Lodge/Timeshare Units shall count
towards the individual FAR allowance for Free-Market Residential or Large
Lodge/Timeshare units.
Section 8:
Section 26.710.190 of the Municipal Code, which section sets forth regulations for the
development of land within the Lodge (L) zone district, is hereby amended to by amending
subsection(D)(10)(B)to read as follows:
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt
Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of Lot
Area or an average lodge unit size greater than of 500 square feet. This FAR schedule is
cumulative, up to a total maximum FAR of 1.5:1 for parcels of 27,000 square feet or less in
size and 1:1 for parcels greater than 27,000 square feet. Unless otherwise stated below, a
development's non-unit space shall not count towards the FAR cap of an individual use
category; however, the maximum FAR cap for the parcel shall not be exceeded.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare
center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section
26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space): 1:1.
3. Commercial Parking Facility: 1:1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.
5. Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430. All non-unit space attributable to Free-Market
Multi-Family Housing shall count towards the individual FAR allowance for Free-
Market Multi-Family Housing.
Section 9:
Section 26.710.200 of the Municipal Code, which section sets forth regulations for the
development of land within the Commercial Lodge (CL) zone district, is hereby amended to by
amending subsection(D)(10) to read as follows:
Page 5 of 7
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a
total maximum FAR of 3:1. Unless otherwise stated below, non-unit space associated with
individual uses shall be attributable to the individual FAR allowance. Unless otherwise stated
below, a development's non-unit space shall not count towards the FAR cap of an individual
use category;however, the maximum FAR cap for the parcel shall not be exceeded.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare
center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit space): 2:1,
which may be increased to 2.5:1 by Special Review, pursuant to Section 26.430.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.d
d) Free-Market Multi-Family Housing: .5:I._All non-unit space attributable to Free-Market
Multi-Family Housing shall count towards the individual FAR allowance for Free-
Market Multi-Family Housing.
Section 10•
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 11:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 12:
A public hearing on this ordinance shall be held on the 9�' day of January, 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,by the City Council
of the City of Aspen on the 12th day of December, 2005.
Attest:
Page 6 of 7
Kathryn S.Koch,City Clerk Helen K.Klanderud,Mayor
FINALLY, adopted,passed and approved this 101h day of April,2006.
Attest:
Kathryn S.Koch,City Clerk Helen K.Klanderud,Mayor
Approved as to form:
City Attorney
Page 7 of 7
Exhibit A
TEXT AMENDMENT REVIEW CRITERIA& STAFF FINDINGS
Section 26.310.040 of the City Land Use Code provides that applications for text amendments to
the Land Use Code must comply with the following standards and requirements.
26.310.040 Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the official zone district
map,the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Finding
The intent of the proposed amendments is to repeal any conflicts and provide additional
clarification within sections of the Land Use Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff Finding
The code amendments generally implement the AACP. Some of the amendments such as
requiring projects to use the Historic Landmark Lot Split will implement the goal of historic
preservation. Stafffinds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The text amendments are not site specific. This review standard is not applicable.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The text amendments will not directly impact traffic generation and road safety. Staff finds this
criterion to be met.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
Staff Findinfz
The text amendments will not directly impact public facilities. Staff finds this criterion to be
met.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding
The text amendments will not directly impact the natural environment. Staff finds this criterion
to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding
Some of the code amendments should help preserve community character. Staff finds this
criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding
The text amendments will not directly impact a specific site. This review criteria is not
applicable.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Findinz
The intent of the text amendments are to clam and be in harmony with the intent of Land
Use Code. Staff finds this criterion to be met.
RESOLUTION N0. 34
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE, AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public hearing on November 1, 2005 and continued on
November 22, 2005, as required by Section 26.310.020, Procedure for amendment, the Planning
and Zoning Commission approved Resolution No. 34 Series of 2005, by a five to zero (5-0) vote,
approving the recommended changes to the above referenced sections of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
1
Section 1:
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is repealed in its entirety and
replaced by striking and adding, denoted by strike and add, language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend extend or add to its comprehensive community plan or
carry any part of its subiect matter into greater detail through the development of supplemental
plans, zuidelines or documents Within the text of these plans ,guidelines or documents it will
describe how the material shall be used in relation to the AACP land use development and
planning. Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. If used as a guiding or regulatory document the document shall
be adopted by resolution or ordinance as appropriate and by the appropriate body, as provided
in Chapter 26.200 Administration —Decision Making Bodies Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission. If a document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council When a plan guideline or document is to be used in a regulatory
fashion, it shall be adopted by ordinance of the City Council The adopting resolution or
ordinance shall state how the plans guidelines or documents shall be used in relation to the
AACP, land use development and plannink
Before the adoption of a plan or any such part amendment extension or addition by an
adopting body. at least one (1) public hearing notice of the time and place of which shall be
,given by one (1) publication in a newspaper of general circulation in the �
Section 2:
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by she and add, language to the Land Use Code
as follows:
the HiSt6r-ie Pr-esei=yat-ien GEHnffiissian—eyalu-atien of the ifiye "O.-j -6i histefi
,
2
I To adopt by resolution or ordinance anv plans guidelines or documents that will be used in a
guidance or regulatory capacity by the city How the material shall be used in relation to the
AACP land use development and planninz shall be described in the content of the resolution or
ordinance Specifically, there shall be a determination of whether the doctcment will be used as a
uiding or regulatory document When used as a u� idinz document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance. Any
plans ,guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26104.030 Comprehensive Community Plan and
Other Plans Guidelines, or Documents.
Section 3:
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by stfike and add, language to the Land Use Code as follows:
R To adopt by resolution any plans guidelines or documents that will be used in a guiding
or regulatory capacity by the city How the material shall be used in relation to the AACP, land
use development and planning shall be described in the content of the resolution. Specifically,
there shall be a determination of whether the document will be used as a guiding or regulatory
document If a document is to be used as a guiding document the Commission shall adopt it by
resolution When a plan guideline or document is to serve as a regulatory document as determined
by the Commission the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance Any plans guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans Guidelines, or Documents.
Section 4:
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by stye and add, language to the Land Use Code as follows:
L To adopt by resolution any plans guidelines or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution Specifically, there shall be a determination of whether the document
shall be used as a guiding or re ug latory document. If a document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan guideline, or document is to
serve as a regulatory document as determined by the Commission the resolution will include a
recommendation to the City Council for adoption of"the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
as outlined in Section 26104 030 Comprehensive Communitv Plan and Other Plans, Guidelines,
or Documents.
3
Section 5:
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety
and replaced by striking and adding, denoted by stye and add, language to the Land Use Code
as follows:
d) Asseeiated Free-market residential development associated with an Incentive Lodge
Development as peffnitte pur-stiant to the ene t et iij ;'vhieh the ladgei$
develeped shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash- _..
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pi.tkin County.Housing Authority Guidelines.
Notes:
The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
When an assemblage of parcels or lots that are either contiguous or non
contiguous, is considered one development application the parcels or lots
shall meet the following standards• If an assemblage of parcels or lots is
located entirely within the Lodge zone district all parcels or lots shall be
eligible for FAR and height incentives as outlined in the Lodge zone district
4
standards When one development application includes parcels or lots outside of
the Lodge zone district said parcels or lots shall meet the underlying standards
of the zone district within which then are located.
Section 6:
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by st-r4k and add, language to the Land Use
Code as follows:
the eentedine ef the fight ef way, the r-equifed -/'--I se+, aeK shall equal the distanee
speeified tinder- zone a t 0 r
(1/2) ef the rq'& ef A,ay width as if stieh private waywer-e dediea�ed fef:publie use.
B Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of way the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of way to the proposed structure. When a property's
lot line does not extend into the right-of-way the required yard setback shall equal
the minimum distance specified under zone district regulations from the property
line. -
Section 7:
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.1., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stye and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001. •
33-,888: For lots created by section 26480.030 AN) Historic Landmark Lot Split: Three
thousand(3,000).
And,
3. Minimum lot width (feet): Sixt 601. Histefie r ^,,dffl ,-k „ --_- es: 310•For lots
created by section 26.480.030 AN) Historic Landmark Lot Split: Thirtv (30).
Section 8:
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
5
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.I., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by st-fi-ke and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). Fef Histefie Lafldfnar}-
gronmu,ot• th theusand (3 000) For lots created by section 26480.030 AN) Historic
Landmark Lot Split: Three thousand(3 000)
And,
3. Minimum lot width (feet): Seventv- ave (751. Hist6f^ Landmark For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split• Thirty (30)
Section 9:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stye and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). Fef Histefie LaIIEIfftaf4E (-
Rrnp_rt:es; ;fee tt etisand (3,000 For lots created by section 26480.030 AN) Historic ;.;:..
Landmark Lot Split: Three thousand(3 000)
And,
3. Minimum lot width (feet): Seventy-five (75). 14iste T rdfnar-i D- ef4ie th i4 (39)
For lots created by section 26.480.030 A (4)Historic Landmark Lot Split• Thirty (30)
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by st-r-ike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001.
3,000. For lots created by section 26.480.030 AN) Historic Landmark Lot Split• Three
thousand(3,000).
And,
2. Minimum lot width (feet): Sixty Wx. Foristefi^ Landmark pfepef4ies= For lots
created by section 26.480.030 A (4)Historic Landmark Lot Split• Thirty(30)
6
Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by stye and add, language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction renovation, and operation of
lodges tourist -oriented multi-family buildings high occupancy timeshare facilities, and ancillary
uses compatible with lodging an assemblage of parcels or lots which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage of parcels or lots
is located entirely within the Lodge zone district all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district said parcels and lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which they
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential - 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing-no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear Yard setback (feet): Five 5j. Plus a trash/utility service area shall be
required abuttinz the ally, pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family(as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
7
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27, 00 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
.
3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
S. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note.- A develo ment a lication's non-units ace shall not count towards the
LAP cap on an individual use catejzory, but the maximum FAR cap for the parcel
shall not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
8
I. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
gi„ti A unit JFJ CLt.\.) T
4.3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note.- A development application's non-unit space shall not count towards the
FAR cap on an individual use category but the maximum FAR cap for the
parcel shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by stfike and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
9
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
cl Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
41 Free-Market Multi-Family Housing: .5:1.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use categorv, but the maximum FAR cap for the parcel
shall not be exceeded.
Section 13:
This Resolution shall not effect/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 recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 22"d day of
November, 2005.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre, Chair
ATTEST:
fcie Lothi n,Deputy City Clerk
10
—'ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 01, 2005
Public Comments:
1. Donna Fischer, public, stated that she lived on the opposite side of Eastwood
Drive and said that it was not acceptable for people to build closer to.the street.
Fischer spoke of the variance granted by the board of adjustment for the ability to
build a garage 5 feet from the road because the woman was elderly and there were
more variances allowed. Fischer stated concern because it was not an appropriate
spot for people to come closer to the road. Fischer emphasized that this was a
really narrow road.
2. Catherine Garland, public, stated that she lived on McSkimming Road and
was against the amendment because the road was very dangerous and narrow.
Garland stated concern for building too close to the road.
3. Peter Kelly, public, stated that he lived on McSkimming Road and asked
who generated this code amendment. Chris Bendon answered that there were quite
a few requests for that front yard setback variances and the Board of Adjustment
granted these variance requests; staff did not support the variances. Bendon said
that staff generated this amendment. Bendon said the way that the city measured
property lines was different than the way the county measured so there was a
change in the rules that affected property, which was not considered.
4. Evan Clark, public, represents several property owners on Skimming Lane
and said the setback difference was 5 feet. Clark said that this was not created by
the lot owners own actions. Clark said this was simply a difference in how the city
and county measured.
5. Dan Martineau submitted a letter in support of the code amendment.
Jasmine Tygre requested some kind of a diagram to show the amount and points of
reference. John Rowland requested a series of street sections to get a better
feeling. Tygre said that they needed a drawing to show how close the properties .
would be to the actual road. Ruth Kruger requested a blow up of the portion of the
drawing to show the impacts on the street.
MOTION: Steve Skadron moved to continue the Land Use Code Amendment for
Eastwood/Skimming to November 22'd; seconded by John Rowland. All in favor,
motion carried.
PUBLIC HEARING:
LAND USE CODE MISCELLANEOUS AMENDMENTS
Jasmine Tygre opened the land use miscellaneous amendments. Notice was
provided. Jennifer Phelan stated a number of the revisions had to do with items
deleted from the code or with the new lodging overhaul language that needed to be
changed or clarified. Phelan said the staff report followed the resolution.
4
-- ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 01, 200
Phelan said that Sections 1, 2, 3 and 4 (page 3 in the memo) had the intent to
clarify the use and role of planning documents. Phelan said the documents had to
include a mission statement of how the document will be used and if the document
is used as a policy document then it will be adopted by resolution. Guiding
policies will be adopted by ordinance.
Phelan stated that Sections 2, 3 and 4 were broken down to the powers and duties
of City Council, Planning Commission and Historic Preservation Commission.
Phelan said Section 5 was a change in the Growth Management Quota System
(GMQS); if free market residential projects were an assemblage and were in 2
different zone districts then the zone district that each portion was located in would
apply to each portion of the project.
Phelan stated that Section 6 was Miscellaneous Supplemental Regulations and how
setbacks were measured; the setbacks were measured from the boundary of the
easement or pavement. In the new language "B" added "into" and deleted "to the
Phelan said Sections 7, 8, 9 and 10 added language to take advantage of the
historic lot splits and dimensional requirements for R-15A and RMF.
Phelan noted Section 11 (pages 7 & 8) included clarification of the assemblage of
parcels that don't have to be contiguous for lodge projects.
Tygre noted that sometimes code amendments were passed by ordinance and
changed from the time P&Z approved. Tygre expressed the need to see what code
amendments by Ordinance have changed from the time it was reviewed by P&Z to
the Council review.
MOTION: Ruth Kruger moved to continue the Miscellaneous Code Amendments
to November 22"d; seconded by Dylan Johns. All in favor, motion carried.
Meeting adjourned at 6:55 p.m.
Jackie Lothian, Deputy City Clerk
5
- ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 22, 200
PUBLIC HEARING:
920/930 MATCHLESS DRIVE
Jasmine Tygre opened the public hearing for 920/930 Matchless Drive.
MOTION.- Dylan Johns moved to continue the public hearing for 9201930
Matchless Drive; seconded by Steve Skadron. All in favor motion carried.
PUBLIC HEARING:
LAND USE CODE MISCELLANEOUS AMENDMENTS
Jasmine Tygre opened the land use miscellaneous amendments. Notice was•
provided at the November 1" public hearing. Jennifer Phelan stated a number of
changes that staff presented were noted in green italics for additions and red
8trikethroughs for deletions.
Section 5, the Growth Management Quota System (pages 4 & 5) language was
AA A auueu w Liie IU UIVle 2) rrrten an assembtaoe of parcels or tot, that are either COntit-,ltous
or non-contigztous is considered one development application the parcels or lots shall meet the
ollowina standards• If an assemblage of parcels or lots is located entirely within the Lodge zone
district all parcels or lots shall be eligible for FAR and height incentives as outlined in the Lodge
zone district standards When one development application includes parcels or lots outside of the
Lodge zone district said parcels or lots shall meet the underlying standards of the zone district
within which they are located."
Section 6, measuring the setback from a private right-of-way (pages 5 & 24) the
language adde Ri
d was "Required Yards Adiacent to Private Streets or ghts-of Way. Where
there is no public dedication and the lot line extends into the right-of-way the required yard
setback shall equal the minimum distance specified under the zone district regulations along the
closest boundary of the right-ofway to the proposed structure. When a property's lot line does
not extend into the right-of tivav the required yard setback shall equal the minimum distance
sl2ecif ed under zone district regulations from the property line. " Phelan said that the
measurement was taken from the edge of the right-of-way fqr this code
amendment.
Phelan said that non-unit space with regard to lodging structures (pages 9 & 10)
Section 11 was created for the floor area ratio calculations (FAR). The language
added was "Note A development application's non-unit space shall not count towards the
FAR cap on an individual use category but the maximum FAR cap for the parcel shall not be
exceeded. "
Brandon Marion stated that he would not vote on these code amendments since he
was not present at the prior meeting and did not hear the public comments.
DRAFT
ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 22, 200
MOTION. Dylan Johns moved to approve Resolution 434, series 2005, based
upon the code amendment request meeting the review standards of Section
26.310.040 of the Land Use Code. This resolution makes staff recommended
changes to Sections 26104.030, Comprehensive Community Plan; 26.205.010,
Powers And Duties; 26.212.010, Powers And Duties; 26.220.010, Powers and
Duties; 26575.040, Yards; 26. 710.040, Medium-Density Residential (R-6);
26.710.050, Moderate-Density Residential (R-15); 26.710.060, Moderate-Density
Residential (R-15a); 26. 710.090, Residential Multi-Family (RIMt); 26.470.040, —
Types of Development and Associated Process; 26. 710.190, Lodge (L); and
26. 710.200, Commercial Lodge (Cl) of the City of Aspen Municipal Code,.and
recommending that City Council approve the proposed amendments to the Municipal
Code. Seconded by Brian Speck. Roll call vote: Skadron, yes; Rowland, yes; Speck,
yes; Johns, yes; Tygre, yes; APPROVED 5-0.
CONTINUED PUBLIC HEARING:
LAND USE CODE AMENDMENT — EASTWOOD/SKIMMING ROAD
Jasmine Tygre opened the continued public hearing for the Land Use Code
Amendments on Eastwood and McSkimming Roads. Sarah Oates provided
sections and aerial photos of Eastwood Drive and Skimming Lane. Oates noted
this was looking to amend setbacks in the R-15B Zone District; currently all
properties have a 30 foot front yard setback. Oates stated there was a change in the
way the setback was measured; the edge of the easement was where the setback
was going to be measured from.
Oates presented Exhibit A as the proposed setback board, Exhibit B as the GIS
mapping, Exhibit C was the various requests and Exhibit D was the Eastwood
aerial. Oates said approximately 8 to 10 of the existing house would be put into
conformance by this change in setbacks. The only lots that were affected by this,
code amendment on Eastwood were the lots that were also bordered by Highway
82 and Eastwood.
Steve Skadron asked if this was a reality of the topography of the property. Chris
Bendon replied that there were many variance requests along this road and staff
could not support the variance because staff could not find that by applying this 30
foot setback that there was a taking of property that doesn't exist. Bendon said the
Board of Adjustment-granted the variance requests because it did not seem like the
right planning solution therefore staff needed to have a planning discussion about
what is the proper setback along this street. Skadron said if you buy this property
make it work under these guidelines. Bendon said there was a question here what
was the better planning solution, do you want the houses pushed closer to Highway
DRAFT 4
Regular Meeting Aspen City Council January 9, 2006
Councilman DeVilbiss said he would like to see the false alarm permits and fees
increased. Councilman DeVilbiss suggested the permit be increased from $75 to $100;
first false alarm $75 to $100; 2nd $115 to $200; 3rd $163 to $300. Loren Ryerson, chief of
police, said he tried to increase the fees as recommended by administration. The goal of
the police department is to cover administrative costs. Ryerson told Council the number
of false alarms has almost doubled in the last 4 years. A higher fee might act as a
deterrent to false alarms. Ryerson said he would like to involve the alarm companies in
this discussion. Barwick suggested the increase in fees be added to the ordinance and
staff will deal with the timing of the false alarm fees. Council agreed with the increases.
Councilman DeVilbiss noted under fun pass there is no senior fun pass. Paul Kulik,
recreation department, said a 20-punch pass comes to $7/use and a senior one-day is $7,
the same cost. Barwick suggested staff review the senior proposals and report back to
Council. Pucak told Council the recreation department will be meeting with the senior
group this month on different aspects of the recreation program and staff can bring a
proposal back to Council. Barwick said staff will bring back a senior proposal as well as
a needs based proposal.
Councilman DeVilbiss noted in the zoning fees, it states that fees charged for processing
applications which fall into more than one category will be cumulative and fees charged
in the same category will not be cumulative and in the event the fees which result from
accumulation are excessive, the community development director may waive the
accumulation requirement. Councilman DeVilbiss suggested this be changed to state that
the community development director may waive the excessive portion. Chris Bendon,
community development department, agreed with that change.
Councilman DeVilbiss said under zoning enforcement fees,projects constructed without
a permit, the fees are doubled as a penalty. Councilman DeVilbiss said he would like to
see projects constructed without permits dealt with more punitively. Bendon said being
red tagged is more punitive than the fees. People working without permits are usually on
an extreme deadline. Bendon said he does not think this needs to be changed.
Councilman DeVilbiss asked about the banner installation fee. Barwick said these are the
special event banners across Main street and are installed by the electric department.
Councilman DeVilbiss said he would like the fee to reflect the costs. Mayor Klanderud
said almost all users are non-profits and she would not support increasing that fee.
Councilman DeVilbiss said he would like staff to determine costs for banner installation.
Councilman Torre moved to adopt Ordinance#49, Series of 2006, as amended; seconded
by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes;DeVilbiss, yes;
Torre, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #50, SERIES OF 2005—Miscellaneous Land Use Code Amendments
Councilman DeVilbiss moved to continue Ordinance#50, Series of 2006, to January 10,
2006, at 4 p.m.; seconded by Councilman Torre. Councilman Torre and Councilman
10
ReLyular MeetinLr Aspen City Council January 9, 2006
DeVilbiss in favor; Councilman Johnson and Mayor Klanderud opposed. Motion NOT
carried.
Jennifer Phelan, community development department, told Council the first section
amendment 26.104.030, comprehensive community plan. Ms. Phelan said this is to
provide clarity on how plans, guidelines and documents can be used in a guiding or
regulatory capacity and how these should be adopted by ordinance as a regulatory
document or by resolution as a guiding document. Ms. Phelan said this should address
documents like historic preservation guidelines, the comprehensive community plan. Ms.
Phelan said every document should contain how the document will be used. Chris
Bendon, community development department, said many plans are created through a
process and at the end of that process, there should be some clarity to the meaning of the
plan. Bendon said he feels it is confusing to the public and to applicants when these
documents are attached to nothing. Bendon said if these are statements of policy, there
should be a process where Council says that and adopts them by resolution or ordinance.
Bendon said each update of the AACP is reviewed and adopted by P&Z and Council.
Councilman DeVilbiss argued that if a document is not adopted by ordinance, it is not a
regulatory document.
Ms. Phelan noted sections 2, 3 and 4 relate to powers and duties of Council, P&Z and
HPC and outline those P&Z and HPC may adopt a document by resolution and if they
feel it needs to be a regulatory document, they can include a recommendation that
Council adopt it by ordinance. These sections state when a document is a guiding
f document, it can be adopted by resolution and when it is to be a regulatory document, it
shall be adopted by ordinance. Bendon told Council state statute says master plans are
adopted by P&Z. Staff wanted it to be clear that there should be an end process to master
plans or other documents and that is not in conflict with the state statutes.
Ms. Phelan said section 5 deals with GMQS for incentive lodge development and relates
to another section in this ordinance on lodge zoning. One change in the growth
management system is that free market residential development associated with incentive
lodge development shall be allocated on a unit basis attributable to the annual
development. Ms. Phelan said this is to clarify language that was deleted in earlier
legislation. Another clarification is that paying a cash-in-lieu fee for affordable housing
is for each residential unit. Ms. Phelan pointed out a note has been added saying all
parcels or lots within an incentive lodge development shall be eligible for the growth
management incentives in this section. Ms. Phelan said when an assemblage of parcels
or lots that are either contiguous or non-contiguous is considered for development, the
parcels or lots shall meet the standards of the underlying zone district. Ms. Phelan said
all parcels whether contiguous or non-contiguous are available for the growth
management incentives in the quota system. Ms. Phelan said it also means they shall
meet the underlying standards of the-zone district in which they are located.
Ms. Phelan said Section 6 changes how required setbacks for yards adjacent to private
streets are measured. Ms. Phelan explained the current code assumes when a private
r right-of-way goes through individual parcels, the expectation is that the property lines AW
11
Regular Meeting Aspen City Council January 9, 2006
come to the centerline of the private road. Ms. Phelan said the current measurement is to
take half the distance of the right of way from the centerline and add the minimum front
yard setback. This leads to an inconsistent front yard setback along the right-of-way
depending on where the right-of-way falls. The code amendment is to measure the
setback from the boundary of the right-of-way rather than from the centerline. This
would measure the setback from the edge of the right-of-way regardless whether the
right-of-way is public or private.
Ms. Phelan noted Sections 7, 8, 9 and 10 are changes to R-6, R-15, R-15A and RMF zone
districts. Ms. Phelan reminded Council there are incentives for historic properties that
allow a narrower minimum lot width and a smaller minimum lot size. Ms. Phelan said
earlier one could only receive these benefits through a historic landmark lot split. This
requirement was deleted by mistake in recent code amendments and staff feels this
language should be put back into the code. One may currently apply for a lot split
through the subdivision process and the result is larger FAR. Councilman Johnson said
adopting this would be creating consistency between the spirit and the law. Bendon told
Council there were a lot of code amendments adopted last year and in using the code,
staff has discovered inconsistencies and lack of clarity and this addresses those problems.
Bendon said this ordinance contains clarification language in the dimension requirements
regarding lodge to speak to the intent. There are incentives in the dimensional
requirements, different FARs, different heights and density for incentive lodge project. If
a project meets the 500/500, they may avail themselves of the larger height and FAR and
growth management incentives. There is clarification language on this issue. Bendon
told Council the section about assemblage of parcels states if the assemblage lies in
different zone districts, the properties have to comply with the zone district in which they
lie. If all the assemblage lies within one zone district, the incentives and dimensional
requirement apply to all properties within the assemblage. An assemblage of parcels can
be one development application; the confusion has been when the zoning is the same or is
different. This is to provide clarity to dimensional standards. Bendon stated this is
different from split zone properties. This addresses development application on several
properties. This code amendment states if the project is in two different zones, the
zoning for those properties guides. This only applies in the lodge zone district where
those incentives are allowed. Councilman DeVilbiss asked if the section of the code
amendment stating if all properties are in the lodge zone district all parcels shall be
eligible for the FAR and height dimensional variations specifically addresses the
Limelite. Bendon said this issue came up during conceptual review of the Limelite lodge.
The question was what is the allowed height of the residential portion of the Limelite
application and staff stated it is 42'. They comply with the lodge incentive standards;
they met 500 1500 so the lodge dimensions apply to the project, which was the intent of
the code; however, it is not stated in the code. Councilman DeVilbiss stated he does not
agree with this contention. Mayor Klanderud said the heights were set for the lodge zone
to accommodate lodges and to discourage single-family structures. Mayor Klanderud
stated this code amendment has to be analyzed on its own merits, not tied to any
particular applications.
12
Regular Meeting Aspen City Council January 9, 2006
Bendon said the proposed language is consistent with the intent and purpose of the lodge
district amendments to the code. Only through use of the code do unclear areas become
apparent. Councilman Torre said it is difficult to discuss a code amendment with a
pending application. Councilman Torre said this code amendment should be continued
until after the application is reviewed. Councilman Johnson said he would support
continuing as this seems more than a clarification. Councilman DeVilbiss asked the
effects of"notes" in these code amendments and whether notes are substantive parts of
the ordinance. Worcester said these notes can be used to assist the reader. Councilman
DeVilbiss asked why these cannot be part of the ordinance rather than a "note".
Ms. Phelan said the current code requires multi-family residential have a density of 3,000
square feet per lot area. There is no requirement for lodge or timeshare lodge. Originally
in a mixed-use development, there were no density requirements, which would allow
smaller, denser units. Staff recommends no minimum density requirement for multi-
family in the lodge infill area. If an application is going to do 100% multi-family, they
have the ability to do a denser project. The current code encourages lodge.development.
There are other areas of the code that address height, FAR and growth management
mitigation that create disincentives to multi-family residential. If someone proposes a
multi-family residential free market project, it makes sense to have more density in the
downtown lodge zone. Bendon explained if one is proposing a lodge and it will have
some free market penthouses, if one had the FAR, it does not matter whether this is 1, 2
or 10 units so staff recommends deleting the minimum lot size for the mixed use projects.
This only applies to residential units in a mixed-use project.
Ms. Phelan noted the trash utility service area requirement has been added. It was not
included in the lodge zone district and is included in other zone districts. Ms. Phelan said
there is a note on non-unit space. Non-unit space for lodge is life safety issues, hallways,
closets, and the parts of the buildings not having to do with a lodge. Ms. Phelan said with
the changes in the lodge and commercial lodge district there was a new category of non-
unit space included and the original ratio given by staff was too low. This was originally
in the lodge FAR allowance, not broken out. Ms. Phelan suggested the non-unit space
not contribute to the individual FAR for the lodge units but the non-unit space cannot go
over the maximum cap for the parcel. Bendon said during the lodge code amendments,
lodge owners suggested an FAR allotment for "other things"that does not take away
from the FAR for lodge units. Staff estimated that space at and FAR of.5:1. It has
become very limiting as every space that is not a lodge unit has to fall into that .5:1.
Councilman Johnson said he would prefer if a maximum FAR were allowed and the
applicant can figure out how to use the space. Council requested examples when this
ordinance is revisited. Councilman DeVilbiss said he would prefer this a section of the
ordinance rather than a"note". Bendon said the notes are codified as part of the code.
Mayor Klanderud opened the public hearing.
Dale Paas said he is familiar with a pending project; however, has been working on a
workable ordinance for all hotel redevelopment. Paas said when the lodge
redevelopment group was looking at how to redevelop, when projects were looked at
13
Regular Meeting Aspen City Council January 9, 2006
around the country, mixed projects with hotel and free market in the same building were
usual. Paas said projects built that way are to accommodate the convenience of the
homeowners and to maximize the FAR. A penthouse in a fancy hotel affords one access
to maid service, spa, security and concierge services and nightly rentals are secondary. In
Aspen, the main concern should be the tourists and accommodation of guests. Paas
supports these code amendments as written.
Robin Shiller said this ordinance appears to be a clarification to the code rather than a
change. The lodge zone district changes were silent on the issue of contiguity. There are
entities in the community that have operations on non-contiguous sites that are tied
together operationally. A development on two pieces of property becomes one
development by being submitted and considered as one whether contiguous or not.
Shiller said the purpose of lodge incentives was to encourage desirable projects and to get
them to be viable. If this code amendment limits the number of projects that can use
these incentives, few desirable projects will be built.
Tom Smith, representing Jim French and Andrea Clark, agreed it is obvious with a
pending application,which is subject to proposed changes, the relationship between
these amendments and the Limelite application. Smith stated assemblage of parcels is
not defined in the code; does assemblage refer to ownership or to operations. Andrea
Clark, 210 Cooper, quoted from the AACP under managing growth that"we should
endeavor to bring a middle class back into the community". The goal under that is to
preserve the quality of life for the residents and enjoyment of visitors. The town is not to
only service visitors. Ms. Clark said her comments tie into whether this is an end run
around the PUD text definitions and responsibilities and mandatory compliance issues
and is this an end run around the AACP,which plays a major part in the applications that
come before Council. Ms. Clark said putting the documents side by side, clarification is
needed because of the nature of the land use amendments that are assisting a particular
proj ect.
Toni Kronberg said the public has been confused by what is allowed under the AACP
and under zoning. Ms. Kronberg said she has brought up contradictions in the AACP and
the zoning code. Ms. Kronberg said the Conner project was approved despite the fact it
is in a protected view plane. Ms. Kronberg said Section 1 stated the Aspen Area
Community Plan is a guiding document. Ms. Kronberg said every ordinance ties into the
AACP and the plan is a contradiction to itself. Ms. Kronberg said developments are
scored against the Aspen Area Community plan and her examples show contradictions to
the code. Ms. Kronberg stated the AACP should be regulatory. Mayor Klanderud
asked for support or objection to the specific code amendments. Sue Woolery, Limelite
Lodge, encouraged Council to adopt these land use code amendments and to keep in
mind the reasons for the change in the lodge zone was to get more moderately priced
hotel rooms.
Mayor Klanderud closed the public hearing.
14
Regular Meeting Aspen City Council January 9, 2006
Councilman Torre stated this should be continued until after the application is reviewed.
Bendon requested Council consider adopting sections 7, 8, 9 and 10 dealing with the
historic landmark properties to correct what staff feel is an issue with the lot. This deals
with lot splits of historic properties versus subdivision of historic properties and a big
FAR difference. Adopting this would give more protection to preservation of historic
properties. Bendon explained the code is written that the minimum lot size for a historic
landmark property is 3,000 square feet. If one has a historic property that is 6,000 square
feet, it can be subdivided into two 3,000 square foot lots. Under the current code with a
standard subdivision, there is stand-alone FAR. This proposed language states only lots
created by historic landmark lot splits can be 3,000 square feet. It forces one through the
lot split procedure'and divides the original FAR into two properties so there is no gain in
FAR. Adopting sections 7, 8, 9, and 10 will result in less FAR on the historic lot split
properties. Ms. Phelan said this was in the code prior to recent amendments and this is
putting it back in the code. Bendon said without this code amendment, any lot can go
through a subdivision down to a lot of 3,000 and by not having to go through the historic
landmark lot split process, the FAR is significantly more than that achieved through the
historic landmark lot split process.
Councilman Johnson moved to adopt Ordinance#50, Series of 2006, amending it to
adopt Sections 7, 8, 9, and 10 only; seconded by Councilman DeVilbiss. Roll call vote;
Councilmembers DeVilbiss, yes; Torre, yes; Johnson, yes; Mayor Klanderud, yes.
Motion carried.
Councilman Johnson moved to continue the remainder of Ordinance #50, section 1
through 6 and 11, to March 13, 2006; seconded by Councilman Torre. All in favor,
motion carried.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10 p.m;
seconded by Councilman Johnson. All in favor, motion carried.
ORDI_NANCE #51, SERIES OF 2005—Code Amendment Eastwood/McSkimming
Setbacks
Sarah Oates, representing the community development department, told Council this code
amendment will allow certain sections of Skimming Lane and Eastwood Road a 10' front
yard setback rather than a 30' front yard setback and a 30' rear yard setback rather than a
10' rear yard setback. Ms. Oates illustrated Skimming lane and 4 lots on it; 2 are
developed with single-family houses and 2 are vacant. Ms. Oates told Council on both
streets there has been a condition, changes in city regulations, which altered the front
yard setback without notification to the property owners.
When Eastwood was annexed in 1987, there was a private road easement running through
the lots. The setback was taken from the property line on the north side of Eastwood
road. The city dedicated the right-of-way in 1988 in order to do the maintenance. After
the city dedicated the road, the property line shifted 30' south because of the city code
measures setbacks from the edge of the right-of-way. There have been cases in front of
15
MEMORANDUM V1 k b
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director l Y
FROM: Jennifer Phelan, Senior Long Range Planney/11\V
RE: Proposed Miscellaneous Code Amendments - Continued from Public
Hearing on January 9, 2006
MEETING
DATE: March 13, 2006
In an effort to fully review and address issues raised by the City Council at the January 9, 20061,
hearing and to make room for some current land use cases on the agenda of March 13`x', Staff has
asked to continue the review of the code amendments to a later date. Staff recommends that the
Council open and continue the hearing to April 10, 2006.
Recommended Motion:
"I move to continue the public hearing on Ordinance No.50, Series of 2005, to April 10, 2006."
Page 1 of 1
MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Jennifer Phelan, Long Range Planner
RE: Proposed Miscellaneous Code Amendments - Second Reading of Ordinance 50,
Series 2005
MEETING DATE: January 9, 2006
Staff is proposing a number of revisions to the following sections of the Land Use Code:
26.104.030, Comprehensive Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers
and Duties; 26.220.010, Powers and Duties; 26.575.040, Yards; 26.710.040, Medium Density
Residential (R-6); 26.710.050, Moderate-Density Residential (R-15); 26.710.060 Moderate-Density
Residential (R-15A); 26.710.090, Residential Multi-Family (RIMF); 26.470.040, Types of
Development and Associated Process; 26.710.190, Lodge (L); and 26.710.200, Commercial Lodge
(CL).
�. The intent of many of the revisions is to clarify particular sections of the Land Use Code, but
there are also substantive changes included. This staff report is divided into sections that
correspond with the attached ordinance. A summary of the proposed changes precedes the code
amendments. Any words that are green, underlined, and in italics are new, while any words that
are red with a stfi eth f,.,,g are deleted.
Section 1
The intent of the amendments in Section 26.104.030, Comprehensive Community Plan, is to
clarify how plans and documents are to be used, either as guidelines or in a regulatory capacity,
and the process for adopting those plans and documents. Besides the Aspen Area Community
Plan (AACP), documents such as the Employee Housing Guidelines and Historic Preservation
Design Guidelines are used for reviewing development applications by decision-making bodies.
Additional documents such as neighborhood plans, the infill report, and the civic master plan
either exist or are being developed but how they are to be used by decision-making bodies is not
as clear.
Staff is recommending that when a document is created, it should be determined whether these
documents are to be used in a guiding or regulatory capacity. The intended use of the document
shall be included within the document. If a plan or document is to be used as a policy or
guideline of a decision-making body it should be adopted by resolution, but if it is to be used as a
regulatory document it should be adopted via ordinance by Council.
As proposed, the text amendments in Section 1 require that language be included within the text
of the document as to how the plan or document is to be used: either in a guiding or regulatory
capacity. If used as a guideline the document should be adopted by resolution. When a document
will be used in a regulatory capacity it shall be adopted by ordinance. Additionally, the
amendment requires any resolution or ordinance adopting the document include language within
the content of the resolution or ordinance stating how the document will be used and that the
adoption of the document be preceded by at least one public hearing.
Chapter 12.104—GENERAL PROVISIONS
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend, extend or add to its comprehensive community plan or
carry any part of its subiect matter into greater detail through the development of supplemental
plans, guidelines, or documents. It will be described within the text of these plans guidelines or
documents how the material shall be used in relation to the AACP land use development and
planning. Specifrcally, there shall be a determination of whether the document will be used as a •
guiding or regulatory document. If used as a guiding or regulatory document the document shall
be adopted by resolution or ordinance as provided in Chapter 26200, Administration —
Decision Making Bodies. In particular, if the document is to be used as a policy of a board or
commission the document shall be adopted by resolution of that board or commission If a
document is to be used as a policy of the city, it shall be adopted by resolution of the City
Council. When a plan, guideline, or document is to be used in a regulatory fashion it shall be
adopted by ordinance of the City Council. The adopting resolution or ordinance shall state how
the plans, guidelines, or documents shall be used in relation to the AACP land use development
and planning
Before the adoption of plan or any such part amendment extension or addition by an
adopting body, at least one (1) public hearing shall be conducted notice of the time and place of
which shall be given by one (1)publication in a newspaper of jzeneral circulation in the city as
outlined in Section 26.304.060 E.3.a., Publication of notice.
Section 2:
Section 26.208.010, Powers and Duties, outlines the powers and duties that Council is granted
which includes such duties as initiating amendments to the official zone district map, designating
historic overlay districts, and designating historic landmarks. Section 2 provides Council the
ability to adopt any document by resolution or ordinance. Currently, sub-section 26.208.010 I.
provides Council the power to adopt the historic preservation guidelines and ratify the Historic
Preservation Commission's evaluation of the inventory of historic structures. The new language •
in the sub-section still provides Council the ability to adopt the guidelines, however the power to
ratify the inventory has been deleted. Any structure that is listed on, or removed from, the
0
inventory is through the adoption of an ordinance by Council. Ratifying the inventory is
redundant and has been deleted.
Chapter 26.208 — CITY COUNCIL
Section 26.208.010, Powers and duties.
the Histefie Pfesefvatien Commission evaluation of the invenlef�, of hister-iee
stfuetufes pufsuant to Chapter-26.415--,
1 To adopt by resolution or ordinance any plans guidelines or documents that will be used
in a guiding or regulatory capacity by the city. How the material shall be used in relation to
the AACP land use development and planning, shall be described in the content of the
resolution or ordinance Specifically, there shall be a determination of whether the document
will be used as a guiding or regulatory document. When used as a guiding document of the
city_it shall be adopted by resolution and when used as a regulatory document it shall be
adopted by ordinance Any plans guidelines or documents that are adopted by resolution or
ordinance shall not be adopted until notice is provided as outlined in Section 26104.030,
Comprehensive Community Plan and Other Plans Guidelines, or Documents;
Section 3:
Section 26.212.010, Powers and Duties, outlines the powers and duties that the Planning and
Zoning Commission is granted including such duties as hearing conditional use applications and
hearing variance requests to the Residential Design Standards. Section 3 provides the
Commission the ability to adopt any document by resolution and recommend to Council that a
document, if it is to be used as a regulatory document, be adopted by ordinance.
Chapter 26.212— PLANNING AND ZONING COMMISSION
Section 26.212.010, Powers and duties.
R To adopt by resolution any plans guidelines or documents that will be used in a
guiding or re , latory capacity by the city. How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution.
S_pecifrcally, there shall be a determination of whether the document will be used as a
guiding or regulatory document f a document is to be used as a guiding document the
Commission shall adopt it by resolution. When a plan guideline or document is to serve as a
regulatory document as determined by the Commission the resolution shall include a
recommendation to the City Council or adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is
provided as outlined in Section 26104.030 Comprehensive Community Plan and Other Plans,
Guidelines, or Documents.
Section 4:
Section 26.220.010, Powers and Duties, outlines the powers and duties that the Historic �-
Preservation Commission is granted including such duties as recommending to Council the
approval or disapproval of the designation of a historic district or landmark and to review and
approve development within Historic Overlay Districts or involving the Aspen Inventory of
Historic Landmark Sites and Structures. Section 4 provides the Commission the ability to adopt
any document by resolution and recommend to Council that a document, if it is to be used as a
regulatory document, be adopted by ordinance.
Chapter 26.220, HISTORIC PRESERVATION COMMISSION (HPC)
Section 26.220.010, Powers and duties.
E. Adoption of Historic Preservation Design Distfiet and HisteriT
Developmen Guidelines, pursuant to Chapter 26.415 and to adopt any other plans, guidelines
or documents that will be used in a guiding or regoulato1y capacitEby the city by resolution
How the material shall be used in relation to the AACP land use development planning and
historic preservation shall be described in the content of the resolution Speci rcally there
shall be a determination of whether the document shall be used as a ug iding or regulatory
document. If a document is to be used as a guiding document the Commission shall adopt 1t
by resolution. When a plan, guideline, or document is to serve as a regulatory document as
determined by the Commission, the resolution will include a recommendation to the City
Council for adoption of the document by ordinance Any plans guidelines or documents that •
are adopted by resolution shall not be adopted until notice is provided as outlined in Section
26104.030, Comprehensive Community Plan and Other Plans Guidelines or Documents.
Section 5•
Section 5 is an amendment to the Growth Management Quota System (GMQS) that relates to
Incentive Lodge Development. Staff wanted to clarify the language so that it is explicit that when
an Incentive Lodge Development application is comprised of an assemblage of parcels (either
contiguous or non-contiguous), any parcels that are not located within the Lodge zone district
shall be subject to the underlying dimensional requirements that the parcel is located within.
Chapter 26.470—Growth Management Quota System (GMQS)
Section 26.470.040, Types of Development and Associated Process
Sub-Section 26.470.040. C.3.d), Incentive Lodge Development
d) Asseeiated Free-market residential development associated with an Incentive Lodge
Development as pefmit4ed pufsu nt to the-zone distFi * in whieh the !edge is
developed shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and •
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
r 0
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee,for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
• requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
2)All parcels or lots within an incentive lodge development shall be eligible for
the growth management incentives in this section. When an assemblage of
parcels or lots that are either contiguous or non-contiguous, is considered
one development the parcels or lots shall meet the standards of the
underlying zone district within which they are located.
Section 6•
When developing a property, a minimum setback (the yard) between a building and the property
line is typically required. However, when a property receives access from a private right-of-way,
the property line is often located within the right-of-way. Previously, the land use regulations
regulating the setback from a private right-of-way made the assumption that the property line
was located at the centerline of the right-of-way. Often,this is not the case and the location of the
property line within the right-of-way varies. To try and accommodate measuring setbacks for
these properties, staff is proposing that in most cases the minimum setback be measured from the
boundary of the right-of-way. This will create a consistent and uniform setback for properties
along a private right-of-way.
Chapter 26.575—MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Section 26.575.040,Yards.
CB. Required Yards Adjacent to Private Reads Streets and Rights-of-way. ^" FeguiFe yW
setbaeks under- zone distr-iet Fegulations are based on distanee measured from
. Where there is no public dedication and
the lot line extends into the center- ine ^r the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulationss Ago
an additional distance equal to ene half (1/2) of the right of way width if h
pr-ivate way were dedieated for-publie use. along the closest boundary of the right-of-
way to the proposed structure. When a property's lot line does not extend into the
right-of-way, the required yard setback shall equal the minimum distance specified
under zone district regulations from the lot line Please refer to Figure 575.1
Required Setback from a Private Road or Right-of-Way_
E:
-----------
..... ...... --- - - - ------- ------------------------I----------
- - - -.-.-:-.- ---- ---*- -----------
•I =
0
Fi_zure 575.1: Required Setback from a Private Road or Right-of-Way
Section 7:
Historic Landmark properties, as an incentive, can take advantage of reduced minimum lot sizes
and minimum lot widths to create new fee simple lots in a number of zone districts by going
through a Historic Landmark Lot Split. In a past amendment to the code, the provision requiring
the property to go through the Historic Landmark Lot Split was deleted, but the reduced
dimensional standards were not, allowing a Historic Landmark property to apply for a
development application for subdivision rather than a Historic Landmark Lot Split. The intent of
the reduced requirements is to allow an applicant to have additional development potential while
limiting the Floor Area Ratio of the new lot. Staff is recommending the requirement for a
property owner to be able to take advantage of these reduced dimensional requirements only be
allowed through the Historic Landmark Lot Split process. Sections 7 through 10 included the
Historic Landmark Lot Split language.
Chapter 26.710, ZONING DISTRICTS
Section 26.710.040,Medium-Density Residential(R-6).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) zone district:
1. Minimum lot size (square feet): Six thousand (6,000 . For lots created by Section
26.480.030 A.(4), Historic Landmark Fr-epefties Lot Split: Three thousand(3,000).
and,
3. Minimum lot width (feet): Six 601. For lots created by Section 26480.030 A.(4),
Historic Landmark-pFoper-ties-Lot Split: Thir 0)
Section 8•
Section 26.710.050, Moderate-Density Residential(R-15).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) zone district.
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4), Historic Landmarkr-eperties-Lot Split: Three thousand(3,000).
and,
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.(4),
Historic Landmark-Fepeties Lot Split: Thir 01.
Section 9•
Section 26.710.060, Moderate-Density Residential(R-15A).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) zone district:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4), Historic Landmark PrepeA es Lot Split: Three thousand(3,000).
and,
3. Minimum lot width(feet): Seventy-five (75). For lots created by Section 26480.030 A.(4),
Historic Landmark44opef6es-L2t Split: Thirty (30).
Section 10:
Section 26.710.090, Residential Multi-Family (R/MF).
® D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district:
•
1. Minimum lot size (square feet): Six thousand (6,0001. For lots created by Section
26.480.030 A.(4), Historic Landmark e Lot Split: Three thousand 0,0001.
and,
2. Minimum lot width (feet): Six 601. For lots created by Section 26.480.030 A.(4)
Historic Landmark-pFoperties Lot Split: Thir 01.
Section 11:
With the creation of incentive lodge development and changes in the city's existing zone district
regulations that accommodate lodging, a number of issues have surfaced that warrant
clarification. In encouraging lodge development, the intent of the lodge district regulations was
to allow an assemblage of parcels or lots, whether contiguous or non-contiguous, to be reviewed
and developed as one project. If the parcels or lots are located in the Lodge zone district, all of
the parcels or lots are eligible for the FAR and height incentives. If some of the parcels or lots,
being part of an assemblage, are not located in the Lodge zone district, the parcels and lots shall
meet the underlying dimensional requirements of the zone district they are located within. Staff
has included language in the Lodge zone district that clarifies this allowance.
Also changed in Section 11 is the density allowance for multi-family development depending on •
whether it is a solely multi-family development or part of a mixed-use or lodging development.
When a project is one hundred percent multi-family, the density allowance per dwelling unit
remains 3,OOSF of lot area per unit. If it is a mixed-use or lodging project there is no minimum
lot area per dwelling unit requirement. A trash and utility service area requirement has been
added to the Lodge zone district, as required in other zone districts.
Included in both Sections 11 and 12 are substantive changes to the FAR allowance for non-unit
space. Non-unit space includes hallways, private parking, linen closets, etc. that are necessary
components of a lodging facility. Looking at a number of current and potential projects, Staff
determined that the individual ratio allowed was too small to allow for basic life-safety issues to
be addressed within the ratio. After comments from the Commission, Staff is recommending
removing the non-unit space ratio as an individual FAR category. FAR for non-unit space would
not be attributed to any individual FAR cap, but the maximum FAR cap for the parcel can not be
exceeded.
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist-oriented multi- amily buildings high occupancy timeshare facilities and ancillary
uses compatible with lodp,ing, an assemblage of parcels or lots which do no not need to be
contiguous, may constitute and be considered one development. !Lan assemblage of parcels or lots
is located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and •
height incentives as outlined in the Lod-ae zone district standards When an assemblage of parcels
or lots includes property outside of the Lodge zone district said parcels or lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which they
O
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit(square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent multi family residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width(feet): 30.
4. Minimum front yard setback (feet): 5.
i
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): Five 51. Plus a trashlutility service area shall be
required abutting the alley, pursuant to Section 26575.060, Utility/Trash/Recycle
Service Areas.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
• b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot(feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
• space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
•
4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review,pursuant to Section 26.430.
6-.5.Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note:A lodge development's non-unit space shall not count towards the FAR ca
of an individual use category but the maximum FAR cap for the parcel shall not
be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
43. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review,pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note:A lodge development's non-unit space shall not count towards the FAR cap
of an individual use category, but the maximum FAR cap for the parcel shall not
be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of.75:1. Receipt of a Development Order shall constitute
• the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
Section 26.710.200, Commercial Lodge (CL).
SubSection 26.710.200 D.10, Floor Area Ratio (FAR)
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
r.) Uses and faeilifies aneillaily to a ledging operation(non unit spaee).: .5.1
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review,pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .5:1.
Note.A lodge development's non-unit space shall not count towards the FAR cap
of an individual use category, but the maximum FAR cap for the parcel shall not
be exceeded.
RECOMMENDATION:
Staff recommends that the City Council approve the attached ordinance, approving staff
recommended changes to Sections: 26.104.030, Comprehensive Community Plan; 26.208.010,
Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties; 26.575.040,
Yards; 26.710.040, Medium Density Residential (R-6); 26.710.050, Moderate-Density Residential
(R-15); 26.710.060 Moderate-Density Residential (R-15A); 26.710.090, Residential Multi-Family
(R/MF); 26.470.040, Types of Development and Associated Process; 26.710.190, Lodge (L); and
26.710.200, Commercial Lodge (CL)of the Land Use Code.
Recommended Motion (All motions are proposed in the affirmative):
"I move to approve Ordinance No.50, Series of 2005, upon first reading."
City Manager Comments:
Attachment:
EXHIBIT A-Text Amendment Review Criteria& Staff Findings
EXHIBIT B -Resolution of the Planning and Zoning Commission
EXHIBIT C—Minutes of the Planning Commission(November 1 and 22, 2005)
•
•
ORDINANCE N0. 50
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN;
26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND DUTIES; 26.220.010,
POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-DENSITY
RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-15);
26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090, RESIDENTIAL
MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND ASSOCIATED
PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL LODGE (CL) OF
THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing
clarification on the process of adopting plans and guiding documents and how the plans or
guidelines will be used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the
way a setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the
Lodge zone district and Commercial Lodge zone district standards to encourage new
development and redevelopment of lodging units within the city and finds that additional
amendments to the code are necessary to facilitate new development and redevelopment of
lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
text amendments under the applicable provisions of the Municipal Code as listed under Land Use
Code Section 26.310.040, Standards of review; and,
WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public
hearing on November 1, 2005 and continued on November 22, 2005, as required by Section
26.310.020, Procedure for amendment, approved Resolution No. 34, Series of 2005, by a five to
zero (5-0) vote, approving the recommended changes to the above referenced sections of the
Land Use Code, and recommending that City Council approve the proposed amendments.
WHEREAS, the Aspen City Council has reviewed and considered the code amendments
under the applicable provisions of the Municipal Code as identified herein, has taken public
testimony, and heard the recommendations of the Planning and Zoning Commission and
Community Development Director; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Page 1 of 11
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the City Council hereby approves the Code Amendment sections initiated by the
Community Development Department as outlined below:
Section 1
The changes in Section I provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is amended as follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend, extend, or add to its comprehensive community plan, or
carry any part of its subject matter into greater detail through the development of supplemental
plans, guidelines, or documents. It will be described, within the text of these plans, guidelines, or
documents how the material shall be used in relation to the AACP, land use development, and
planning. Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. If used as a guiding or regulatory document, the document shall
be adopted by resolution or ordinance, as provided in Chapter 26.200, Administration—Decision
Making Bodies. In particular, if the document is to be used as a policy of a board or commission
the document shall be adopted by resolution of that board or commission. If a document is to be
used as a policy of the city, it shall be adopted by resolution of the City Council. When a plan,
guideline, or document is to be used in a regulatory fashion, it shall be adopted by ordinance of
the City Council. The adopting resolution or ordinance shall state how the plans, guidelines, or
documents shall be used in relation to the AACP, land use development, and planning.
Before the adoption of a plan or any such part, amendment, extension, or addition by an adopting
body, at least one (1) public hearing shall be conducted, notice of the time and place of which
shall be given by one (1) publication in a newspaper of general circulation in the city as outlined
in Section 26.304.060. E.3.a., Publication of notice.
Note to codi f ier: Besides the additional paragraphs, the section heading has been modified.
Section 2:
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documdnts. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced as follows:
Page 2 of 1 1
1. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the AACP,
land use development, and planning shall be described in the content of the resolution or
ordinance. Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. When used as a guiding document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance. Any
plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted until
notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other
Plans, Guidelines, or Documents;
Note to codifier: Sections 26.208.010 A-H and J-P have not been amended.
Section 3:
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. as follows:
R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding or
regulatory capacity by the city. How the material shall be used in relation to the AACP, land use
development, and planning shall be described in the content of the resolution. Specifically, there
shall be a determination of whether the document will be used as a guiding or regulatory
document. If a document is to be used as a guiding document the Commission shall adopt it by
resolution. When a plan, guideline, or document is to serve as a regulatory document as determined
by the Commission, the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents.
Note to codifier: Section 26.212.010 R. is to be added to Sections 26.212.010A.-Q.
Section 4•
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010,Powers and Duties, is amended to add sub-section 26.220.010 L. as follows:
E. Adoption of Historic Preservation Design Guidelines, pursuant to Chapter 26.415 and
to adopt by resolution any plans, guidelines, or documents that will be used in a guiding or
regulatory capacity by the city. How the material shall be used in relation to the AACP, land use
development, planning, and historic preservation shall be described in the content of the
resolution. Specifically, there shall be a determination of whether the document shall be used as a
guiding or regulatory document. If a document is to be used as a guiding document the
Commission shall adopt it by resolution. When a plan, guideline, or document is to serve as a
regulatory document as determined by the Commission, the resolution will include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
Page 3 of l 1
as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines,
or Documents.
Note to codifier: Only Section 26.220.010 E. is amended.
Section 5•
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements. It
allows an assemblage of parcels or lots (that do not have to be contiguous) to be considered one
development application. If the lots are within the lodge zone district they qualify for the
incentives in height and FAR. If the lots are not within the lodge zone district they must meet the
underlying zone district dimensional requirements. Therefore, Section 26.470.040 C.1d),
Incentive Lodge Development, is repealed in its entirety and replaced as follows:
d) Free-market residential development associated with an Incentive Lodge
Development shall be allocated on a unit basis and attributed to the annual
development allotment. Each unit shall require the provision of affordable housing
mitigation by one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
1) The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.I —Employee Generation.
Page 4 of 11
2) All parcels or lots within an incentive lodge development shall be eligible for
the growth management incentives in this section. When an assemblage of
parcels or lots, that are either contiguous or non-contiguous, is considered one
development, the parcels or lots shall meet the standards of the underlying zone
district within which they are located.
Note to codifier: Section 26470.040 C.3.d) has been modified as well as 26.470.040 C.3.d) iii). An
additional note has also been included in the section.
Section 6•
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and as follows:
B. Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a property's
lot line does not extend into the right-of-way, the required yard setback shall equal
the minimum distance specified under zone district regulations from the lot line.
Please refer to Figure 575.1, Required Setback from a Private Road or Right-of-Way.
E I
------------
............................. .
_.j
..... ..... y
- - - - - _. _. _._._.. - - ... - ......... ....................
I
O
Figure 575.1: Required Setback from a Private Road or Right-of-Way
Note to codifier: Only Section 26.575.040 B. has been modified. Sections A, C, D, and E have not
changed.
Page 5 of 11
Section 7•
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.1., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section
26.480.030 A.(4),Historic Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.040. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, 10,
and 11 have not changed.
Section 8•
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.1., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4),Historic Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.050. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 9:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of' reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4), Historic Landmark Lot Split: Three thousand(3,000).
And,
Page 6 of 1 1
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.060. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.l.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section
26.480.030 A.(4), Historic Landmark Lot Split: Three thousand(3,000).
And,
2. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.090. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 11:
The changes in Section 11 clarify how an assemblage of parcels or lots for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minimum when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed as an individual cap and included as part of the overall FAR maximum allowance.
Therefore, Section 26.710.190 D., Lodge (L), is repealed in its entirety and replaced as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist—oriented multi-family buildings, high occupancy timeshare facilities, and ancillary
uses compatible with lodging, an assemblage of parcels or lots, which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district, said parcels and lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which they
Page 7 of 11
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelliny, unit(square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent multi-family residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width(feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback(feet): 5.
6. Minimum rear yard setback (feet): Five (5). Plus, a trash/utility service area shall be
required abutting the alley, pursuant to Section 26.575.060, Utility/Trash/Recycle
Service Area.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot(feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses,
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
Page 8 of 11
3. Commercial Parking Facility: 1:1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review,pursuant to Section 26.430.
5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note: A lodge development's non-unit space shall not count towards the FAR
cap of an individual use category, but the maximum FAR cap for the parcel shall
not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
3. Commercial Parking Facility: 1:1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
5. Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1
by Special Review,pursuant to Section 26.430.
Note: A lodge development's non-unit space shall not count towards the FAR
cap of an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
Page 9 of 1 l
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review,pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .5:1.
Note: A lodge development's non-unit space shall not count towards the FAR
cap of an individual use category, but the maximum FAR cap for the parcel shall
not be exceeded.
Section 13:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Page 10 of l 1
Section 15•
A public hearing on this ordinance shall be held on the 9"' day of January, 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 12t" day of December, 2005.
Attest:
Kathryn S. Koch, City Clerk Helen K. Klanderud,Mayor
FINALLY, adopted, passed and approved this 9t" day of Janaury,2006.
Attest:
Kathryn S. Koch, City Clerk Helen K. Klanderud,Mayor
Approved as to form:
City Attorney
Page l ] of 1l
Exhibit A
TEXT AMENDMENT REVIEW CRITERIA&STAFF FINDINGS
Section 26.310.040 of the City Land Use Code provides that applications for text amendments to
the Land Use Code must comply with the following standards and requirements.
26.310.040 Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the official zone district
map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Finding
The intent of the proposed amendments is to repeal any conflicts and provide additional
clarification within sections of the Land Use Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff Finding
The code amendments generally implement the AACP. Some of the amendments such as
requiring projects to use the Historic Landmark Lot Split will implement the goal of historic
preservation. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The text amendments are not site specific. This review standard is not applicable.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The text amendments will not directly impact traffic generation and road safety. Staff finds this
criterion to be met.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
Staff Finding
The text amendments will not directly impact public facilities. Staff finds this criterion to be
met.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding
The text amendments will not directly impact the natural environment. Staff finds this criterion
to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding
Some of the code amendments should help preserve community character. Staff finds this
criterion to be met.
r
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding
The text amendments will not directly impact a specifac site. This review criteria is not
applicable.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding
The intent of the text amendments are to clarify and be in harmony with the intent of Land
Use Code. Staff finds this criterion to be met.
RESOLUTION N0. 34
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE, AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public hearing on November 1, 2005 and continued on
November 22, 2005, as required by Section 26.310.020, Procedure for amendment, the Planning
and Zoning Commission approved Resolution No. 34 Series of 2005, by a five to zero (5-0) vote,
approving the recommended changes to the above referenced sections of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
1
f
Section 1:
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is repealed in its entirety and
replaced by striking and adding, denoted by strike and add, language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend, extend, or add to its comprehensive community plan, or
carry any part of its subiect matter into greater detail through the development of supplemental
plans, guidelines, or documents. Within the text of these plans, guidelines, or documents it will
describe how the material shall be used in relation to the AACP, land use development, and
planning. Specifically, there shall be a determination of whether the document will be used as a
uiding or regulatory document. If used as a guiding or re ury document the document shall
be adopted by resolution or ordinance, as appropriate and by the appropriate body, as provided
in Chapter 26.200. Administration —Decision Making Bodies. Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission. If a document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council. When a plan, guideline, or document is to be used in a regulatory
fashion, it shall be adopted by ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans, guidelines, or documents shall be used in relation to the
AACP, land use development, and planning.
Before the adoption of a plan or any such part, amendment, extension, or addition by an
adopting body, at least one (1) public hearing, notice of the time and place of which shall be
given by one (1) publication in a newspaper ofjzeneral circulation in the city_
Section 2•
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by stye and add, language to the Land Use Code
as follows:
the er-ie Pr-esen,atien Commission evalua4ien of the inventei=y of histe
2
I. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
,guidance or regulatory-capacity by the city. How the material shall be used in relation to the
AACP, land use development, and planning shall be described in the content of the resolution or
ordinance. Specifically, there shall be a determination of whether the document will be used as a
,vuidinz or regulatory document. When used as a ug iding document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance. Any
plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26104.030. Comprehensive Community Plan and
Other Plans, Guidelines, or Documents.
Section 3:
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by strike and add: language to the Land Use Code as follows:
R. To adopt by resolution any plans, guidelines, or documents that will be used in a uuiding
or regulatory capacity by the city. How the material shall be used in relation to the AACP, land
use development, and planning shall be described in the content of the resolution. Specifically,
there shall be a determination of whether the document will be used as a ug iding or regulatory
document. Ea document is to be used as a guiding document the Commission shall adopt it by
resolution. When a plan, guideline, or document is to serve as a regulatory document as determined
by the Commission, the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans. Guidelines, or Documents.
Section 4:
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by stye and add, language to the Land Use Code as follows:
L. To adopt by resolution any plans, guidelines, or documents that will be used in a
ug iding or regulatory capacity by the city. How the material shall be used in relation to the
AACP, land use development, planning, and historic preservation shall be described in the
content of the resolution. Speci acally, there shall be a determination of whether the document
shall be used as a guiding or regulatory document. Ea document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan,guideline, or document is to
serve as a regulatory document as determined by the Commission, the resolution will include a
recommendation to the City Council or adoption of the document by ordinance. Any plans
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans Guidelines
or Documents.
3
Section 5•
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety
and replaced by striking and adding, denoted by strike and add, language to the Land Use Code
as follows:
d) sseeiated Free-market residential development associated with an Incentive Lode
Development, as peffflitted piafsttant to the zone distfiet in whieh the !edge is
developed shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County.Housing Authority Guidelines.
Notes:
1) The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
2) When an assemblage of parcels or lots, that are either contiguous or non-
contiguous, is considered one development application, the parcels or lots
shall meet the following standards: If an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels or lots shall be
eligible for FAR and height incentives as outlined in the Lodge zone district
4
standards. When one development application includes parcels or lots outside of
the Lodge zone district said parcels or lots shall meet the underlying standards
of the zone district within which they are located.
Section 6:
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by spike and add, language to the Land Use
Code as follows:
B. D a Yards A.l;.,ee t to Pfiya4e Roads; All fequ,-e yard otL.. eke under zone
distfiet K
b
speeified under-zone distr-iet fegula4iens, plus afi additienal distanee equal te one half
( ) f the right f way width as if suet. pr-ivate . o e .lo.l+'e to for-pu lie ,
B. Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-off to o the proposed structure. When a property's
lot line does not extend into the right-of-way, the required yard setback shall equal
the minimum distance specified under zone district regulations from the property
line.
Section 7•
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.l., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by spike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001. For- 14istor-ie r andf,,afk Prep,-ties:
3,090: For lots created by section 26480.030 A.() Historic Landmark Lot Split: Three
thousand(3,000).
And,
3. Minimum lot width (feet): Sixt 60�. �i—rHisterie T anam^rl� peAies:-3C1 For lots
created by section 26.480.030 A.U Historic Landmark Lot Split: Thirty (30).
Section 8:
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
5
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.I., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). Fer Histefie L-andfflark
P,-epef4ies• +h„ ° *1,,,,,san (3 000) For lots created by section 26.480.030 A.(4 Historic
11VrJV1G1VJ.-L1II�i ,
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventv-five (75). . For lots
created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirty(30).
Section 9:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stye and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). FerHistefie handm-ad'E
Pr-apefties. thfee thousand (3,000).. For lots created by section 26480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). Histeric L-andmar- eper4ies!-thifT0r
For lots created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirty(30).
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by stye and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001. FE)r Histefie T ^ idfaaFk
1;800: For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
And,
2. Minimum lot width (feet): Sixt 601. For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty(30)_
6
Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by str-ik and add, language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist —oriented multi-family buildings, high occupancy timeshare facilities and ancillary
uses compatible with lodging, an assemblage of parcels or lots, which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage of parcels or lots
is located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district, said parcels and lots located outside of
the lode zone district shall meet the underlying requirements of the zone district within which they
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): Five 5). Plus, a trash/utility service area shall be
required abutting the alley,pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family(as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
7
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
3. Uses and f4eilit es .,,,,.;� !edging n-fr}��i�""e)�5.,
��� e-a-le a era�re �� . -r.
-4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
§:5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use catezory, but the maximum FAR cap the arcel
shall not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
8
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
43. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the
parcel shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of.75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12: - - - - - - - -
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by stfik and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
9
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
e) Uses and f4eilitieS-Etneillar-y to a lRdging operation(nea tiflit spaee): .5-T
c) Affordable Multi-Family Housing: .25:1, which maybe increased by Special
Review, pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .5:1.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
Section 13:
This Resolution shall not effect/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 recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 22nd day of
November, 2005.
f APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre, Chair
ATTEST:
ckie Lothi n,Deputy City Clerk
10
—ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 01, 2005
Public Comments:
1. Donna Fischer, public, stated that she lived on the opposite side of Eastwood
Drive and said that it was not acceptable for people to build closer to.the street.
Fischer spoke of the variance granted by the board of adjustment for the ability to
build a garage 5 feet from the road because the woman was elderly and there were
more variances allowed. Fischer stated concern because it was not an appropriate
spot for people to come closer to the road. Fischer emphasized that this was a
really narrow road.
2. Catherine Garland, public, stated that she lived on McSkimming Road and
was against the amendment because the road was very dangerous and narrow.
Garland stated concern for building too close to the road.
3. Peter Kelly, public, stated that he lived on McSkimming Road and asked
who generated this code amendment. Chris Bendon answered that there were quite
a few requests for that front yard setback variances and the Board of Adjustment
granted these variance requests; staff did not support the variances. Bendon said
that staff generated this amendment. Bendon said the way that the city measured
property lines was different than the way the country measured so there was a
change in the rules that affected property, which was not considered.
4. Evan Clark, public, represents several property owners on Skimming Lane-
and said the setback difference was 5 feet. Clark said that this was not created by
the lot owners own actions. Clark said this was simply a difference in how the city
and county measured.
5. Dan Martineau submitted a letter in support of the code amendment.
Jasmine Tygre requested some kind of a diagram to show the amount and points of
reference. John Rowland requested a series of street sections to get a better
feeling. Tygre said that they needed a drawing to show how close the properties .
would be to the actual road. Ruth Kruger requested a blow up of the portion of the
drawing to show the impacts on the street.
MOTION: Steve Skadron moved to continue the Land Use Code Amendment for
Eastwood/Skimming to November 22nd; seconded by John Rowland. All in favor,
motion carried.
PUBLIC HEARING:
LAND USE CODE MISCELLANEOUS AMENDMENTS
Jasmine Tygre opened the land use miscellaneous amendments. Notice was
provided. Jennifer Phelan stated a number of the revisions had to do with items
deleted from the code or with the new lodging overhaul language that needed to be
changed or clarified. Phelan said the staff report followed the resolution.
4
ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 01, 2005
Phelan said that Sections 1, 2, 3 and 4 (page 3 in the memo) had the intent to
clarify the use and role of planning documents. Phelan said the documents had to
include a mission statement of how the document will be used and if the document
is used as a policy document then it will be adopted by resolution. Guiding
policies will be adopted by ordinance.
Phelan stated that Sections 2, 3 and 4 were broken down to the powers and duties
of City Council, Planning Commission and Historic Preservation Commission.
Phelan said Section 5 was a change in the Growth Management Quota System
(GMQS); if free market residential projects were an assemblage and were in 2
different zone districts then the zone district that each portion was located in would
apply to each portion of the project.
Phelan stated that Section 6 was Miscellaneous Supplemental Regulations and how
setbacks were measured; the setbacks were measured from the boundary of the
easement or pavement. In the new language "B" added "into" and,deleted "te-the
Phelan said Sections 7, 8, 9 and 10 added language to take advantage of the
historic lot splits and dimensional requirements for R-15A and RMF.
Phelan noted Section 11 (pages 7 & 8) included clarification of the assemblage of
parcels that don't have to be contiguous for lodge projects.
Tygre noted that sometimes code amendments were passed by ordinance and
changed from the time P&Z approved. Tygre expressed the need to see what code
amendments by Ordinance have changed from the time it was reviewed by P&Z to
the Council review.
MOTION: Ruth Kruger moved to continue the Miscellaneous Code Amendments
to November 22'd; seconded by Dylan Johns. All in favor, motion carried.
Meeting adjourned at 6:55 p.m.
Jackie Lothian, Deputy City Clerk
5
ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 22, 200
PUBLIC HEARING:
920/930 MATCHLESS DRIVE
Jasmine Tygre opened the public hearing for 920/930 Matchless Drive.
MOTION.- Dylan Johns moved to continue the public hearing for 9201930
Matchless Drive; seconded by Steve Skadron. All in favor motion carried.
PUBLIC HEARING:
LAND USE CODE MISCELLANEOUS AMENDMENTS
Jasmine Tygre opened the land use miscellaneous amendments. Notice was
provided at the November 1St public hearing. Jennifer Phelan stated a number of
changes that staff presented were noted in green italics for additions and red
strikethroughs for deletions.
Section 5, the Growth Management Quota System (pages 4 & 5) language was
added to tiie IV WUte "2) rraen ar, assembiace of yarceis or Lots, that are either contiguous
or non-contiguous is considered one development application, the parcels or lots shall meet the
follovviny standards: If an assembla2 e of parcels or lots is located entirely within the Lodge zone
district all parcels or lots shall be eligible for FAR and height incentives as outlined in the Lodge
zone district standards. When one development application includes parcels or lots outside of the
Lodge zone district said parcels or lots shall meet the underlying standards of the zone district
within which they are located. "
Section 6, measuring the setback from a private right-of-way (pages 5 & 24) the
language added was "Required Yards Adjacent to Private Streets or Rights-of-Way. Where
there is no public dedication and the lot line extends into the right-of-way the required yard
setback shall equal the minimum distance specified under the zone district regulations along the
closest boundary of the right-of-way to the proposed structure. When a property's lot line does
not extend into the right-of-wav, the required yard setback shall equal the minimum distance
s,2eci ied under zone district regulations from the property line. " Phelan said that the
measurement was taken from the edge of the right-of-way fqr this code
amendment.
Phelan said that non-unit space with regard to lodging structures (pages 9 & 10)
Section I 1 was created for the floor area ratio calculations (FAR). The language
added was "Note:A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel shall not be
exceeded. "
Brandon Marion stated that he would not vote on these code amendments since he
was not present at the prior meeting and did not hear the public comments.
DRAFT
ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 22, 2005
MOTION: Dylan Johns moved to approve Resolution 9,34, series 2005, based
upon the code amendment request meeting the review standards of Section
26.310.040 of the Land Use Code. This resolution makes staff recommended
changes to Sections 26.104.030, Comprehensive Community Plan; 26.208.010,
Powers And Duties; 26.212.010, Powers And Duties; 26.220.010, Powers and
Duties; 26.575.040, Yards; 26.710.040, Medium-Density Residential (R-6);
26.710.050, Moderate-Density Residential (R-15); 26.710.060, Moderate-Density
Residential (R-15a); 26.710.090, Residential Multi-Family (R/Mt); 26.470.040, —
Types of Development and Associated Process; 26.710.190, Lodge (L); and
26. 710.200, Commercial Lodge (Cl) of the City of Aspen Municipal Code,.and
recommending that City Council approve the proposed amendments to the Municipal
Code. Seconded by Brian Speck. Roll call vote: Skadron, yes; Rowland, yes; Speck,
yes; Johns, yes; Tygre, yes; APPROVED 5-0.
CONTINUED PUBLIC HEARING:
LAND USE CODE AMENDMENT — EASTWOOD/SKIMMING ROAD
Jasmine Tygre opened the continued public hearing for the Land Use Code
Amendments on Eastwood and McSkimming Roads. Sarah Oates provided
sections and aerial photos of Eastwood Drive and Skimming Lane. Oates noted
this was looking to amend setbacks in the R-15B Zone District; currently all
properties have a 30 foot front yard setback. Oates stated there was a change in the
way the setback was measured; the edge of the easement was where the setback
was going to be measured from.
Oates presented Exhibit A as the proposed setback board, Exhibit B as the GIS
mapping, Exhibit C was the various requests and Exhibit D was the Eastwood
aerial. Oates said approximately 8 to 10 of the existing house would be put into
conformance by this change in setbacks. The only lots that were affected by this
code amendment on Eastwood were the lots that were also bordered by Highway
82 and Eastwood. ,
Steve Skadron asked if this was a reality of the topography of the property. Chris
Bendon replied that there were many variance requests along this road and staff
could not support the variance because staff could not find that by applying this 30
foot setback that there was a taking of property that doesn't exist. Bendon said the
Board of Adjustment granted the variance requests because it did not seem like the
right planning solution therefore staff needed to have a planning discussion about
what is the proper setback along this street. Skadron said if you buy this property
make it work under these guidelines. Bendon said there was a question here what
was the better planning solution, do you want the houses pushed closer to Highway
DRAFT 4
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: �� ��' ,Aspen,CO
SCHEDULED PUBLIC HEARING DATE: J ' ,200_
STATE OF COLORADO )
ss.
County of Pitkin )
/ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
, 200_,to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (3 00) feet of the property subject to the
development application. The names and addresses of property owners wall be
those on the current tax records of Pitkin County as they appeared no more than
sixty(60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise,the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning snap has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
,&
nature
The fore going "Affidavit of Notice" was acknowledged be ore me this I�I day
of 200 by
WITNESS MY HAND AND OFFICIAL SEAL
,f 1 Public Notice Sur My commission expires:
`r
1Y P
CPAXLP rs
PUBLIC NOTICE
Notary Public
r C
RE: CITY INITIATED AMENDMENTS TO CER-
TAIN SECTIONS OF THE LAND USE CODE �' O `!• Y
NOTICE IS Nom'•,• 't ' Aj
HEREBY GIVEN that a •• j V
public hearing will be held on Monday,January 9,
2006,at a meeting to begin at 5:00 9��•'•
Aspen City p.m.before the S^ •,
y Council,Sisters City Room,City Hall, op (7
130 S.Galena SL,Aspen,to consider a staff initiat-
ed ordinance that amends the following Sections r
Of the Land Use Code:26.104.030,
Community Plan;26.208010 powers and Duties; ATTACHMENTS:
26.212.010,Powers and Duties;26.220.010,Pow- 0�•'•. •'AOO
ers and Duties;26.470.040,Types of Development C r'
and Associated Process; 26.575.040, Yards-
26.710-040 ..oPY OF THE PUBLICATION O L O
I Medium Density Residential (R-6);
26.710.050, Moderate-Density Residential (R-15);
26.710.060 MResid mien by Residential(R/MF); (PH OF THE POSTED NOTICE(SIGN)
26.710.090, Residential Multi-Family (R/MF);
26.710.190, Lodge(L); and 26.7]0.200, Commer-
cial Lodge(CL).
For further info fiation,contact Jennifer Phelan GOVERNMENTAL AGENCIES NOTICED
at the City of As ren Community Development De- �,{
partment, 130 /1. Galena St., Aspen, CO, (970) BYMAIL
429.2759,jennil p @ci.aspen.co.us.
' s/Helen K.Klanderud,Mayor
Published in th Aspen City Council
e Aspen Times
ber 18,2005.(328 1) Weekly on Decem-
0,
MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Jennifer Phelan, Long Range Planner
RE: Proposed Miscellaneous Code Amendments - First Reading of OrdinanceSQ
Series 2005
MEETING DATE: December 12, 2005
Staff is proposing a number of revisions to the following sections of the Land Use Code:
26.104.030, Comprehensive Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers
and Duties; 26.220.010, Powers and Duties; 26.575.040, Yards; 26.710.040, Medium Density
Residential (R-6); 26.710.050, Moderate-Density Residential (R-15); 26.710.060 Moderate-Density
Residential (R-15A); 26.710.090, Residential Multi-Family (R/MF); 26.470.040, Types of
Development and Associated Process; 26.710.190, Lodge (L); and 26.710.200, Commercial Lodge
(CL).
® The intent of many of the revisions is to clarify particular sections of the Land Use Code, but
there are also substantive changes included. This staff report is divided into sections that
correspond with the attached ordinance. A summary of the proposed changes precedes the code
amendments. Any words that are green, underlined, and in italics are new, while any words that
are red ,, 4-h a str-ikegi.-ough are deleted.
Section 1
The intent of the amendments in Section 26.104.030, Comprehensive Community Plan, is to
clarify how plans and documents are to be used, either as guidelines or in a regulatory capacity,
and the process for adopting those plans and documents. Besides the Aspen Area Community
Plan (AACP), documents such as the Employee Housing Guidelines and Historic Preservation
Design Guidelines are used for reviewing development applications by decision-making bodies.
Additional documents such as neighborhood plans, the infill report, and the civic master plan
either exist or are being developed but how they are to be used by decision-making bodies is not
as clear.
Staff is recommending that when a document is created, it should be determined whether these
documents are to be used in a guiding or regulatory capacity. The intended use of the document
shall be included within the document. If a plan or document is to be used as a policy or
guideline of a decision-making body it should be adopted by resolution, but if it is to be used as a
regulatory document it should be adopted via ordinance by Council.
As proposed, the text amendments in Section 1 require that language be included within the text
of the document as to how the plan or document is to be used: either in a guiding or regulatory
capacity. If used as a guideline the document should be adopted by resolution. When a document
will be used in a regulatory capacity it shall be adopted by ordinance. Additionally, the
amendment requires any resolution or ordinance adopting the document include language within
the content of the resolution or ordinance stating how the document will be used and that the
adoption of the document be preceded by at least one public hearing.
Chapter 12.104—GENERAL PROVISIONS
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
I
From time to time the city may amend, extend, or add to its comprehensive community plan, or
carry any part of its subject matter into greater detail through the development of supplemental
plans, guidelines, or documents. It will be described, within the text of these plans, guidelines, or
documents how the material shall be used in relation to the AACP, land use development, and
planning. SpeciTcally, there shall be a determination of whether the document will be used as a
guidin or regulatory document. If used as a ug�iding or regulatory document, the document shall
be adopted by resolution or ordinance, as provided in Chapter 26200, Administration —
Decision Making Bodies. In particular, if the document is to be used as a policy of a board or •
commission the document shall be adopted by resolution of that board or commission. If a
document is to be used as a policy of the city, it shall be adopted by resolution of the City
Council. When a plan, guideline, or document is to be used in a regulatory fashion, it shall be
N adopted by ordinance of the City Council. The adopting resolution or ordinance shall state how
the plans, guidelines, or documents shall be used in relation to the AACP, land use development,
uand planning.
Before the adoption of plan or any such part, amendment, extension, or addition by an
adopting body, at least one (1)public hearing shall be conducted, notice of the time and place of
which shall be given by one (1)publication in a newspaper of general circulation in the city as
outlined in Section 26.304.060 E3.a., Publication of notice.
Section 2:
Section 26.208.010, Powers and Duties, outlines the powers and duties that Council is granted
which includes such duties as initiating amendments to the official zone district map, designating
historic overlay districts, and designating historic landmarks. Section 2 provides Council the
ability to adopt any document by resolution or ordinance. Currently, sub-section 26.208.010 I.
provides Council the power to adopt the historic preservation guidelines and ratify the Historic
Preservation Commission's evaluation of the inventory of historic structures. The new language
in the sub-section still provides Council the ability to adopt the guidelines, however the power to
ratify the inventory has been deleted. Any structure that is listed on, or removed from, the 10
inventory is through the adoption of an ordinance by Council. Ratifying the inventory is
redundant and has been deleted.
Chapter 26.208—CITY COUNCIL
Section 26.208.010, Powers and duties.
T T-e adopt hister-ie dist6et and hister-ie landmark development guidelines and to ratify
thG� II. D 1 tion f the tom ff of hi ter-i.
-zzz��6r�ri�e�=irt�6rr�.iii�n-2�ccrauavrrvrcae-iir`rciarox T-vr-rs�svrsc
stfuetufes pufsuafft to Chapter 26.4 15-,-
I. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used
in a u�g or regulatory capacity the he city. How the material shall be used in relation to
the AACP, land use development, and planning shall be described in the content of the
resolution or ordinance. Specifically
, there shall be a determination of whether the document
will be used as a guiding or regulatory document. When used as a guiding document of the
city it shall be adopted by resolution and when used as a re ug lry document it shall be
adopted by ordinance. Any plans, guidelines or documents that are adopted by resolution or
ordinance shall not be adopted until notice is provided as outlined in Section 26104.030,
Comprehensive Community Plan and Other Plans, Guidelines, or Documents;
• Section 3:
Section 26.212.010, Powers and Duties, outlines the powers and duties that the Planning and
Zoning Commission is granted including such duties as hearing conditional use applications and
hearing variance requests to the Residential Design Standards. Section 3 provides the
Commission the ability to adopt any document by resolution and recommend to Council that a
document, if it is to be used as a regulatory document, be adopted by ordinance.
Chapter 26.212—PLANNING AND ZONING COMMISSION
Section 26.212.010, Powers and duties.
R. To adopt by resolution any plans, guidelines, or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the
AACP, land use development, and planning shall be described in the content of the resolution.
Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. If a document is to be used as a guiding document the
Commission shall adopt it by resolution. When a plan, guideline, or document is to serve as a
regulry document as determined by the Commission, the resolution shall include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is
provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans,
Guidelines, or Documents.
Section 4:
Section 26.220.010, Powers and Duties, outlines the powers and duties that the Historic
Preservation Commission is granted including such duties as recommending to Council the
approval or disapproval of the designation of a historic district or landmark and to review and
approve development within Historic Overlay Districts or involving the Aspen Inventory of
Historic Landmark Sites and Structures. Section 4 provides the Commission the ability to adopt
any document by resolution and recommend to Council that a document, if it is to be used as a
regulatory document, be adopted by ordinance.
Chapter 26.220, HISTORIC PRESERVATION COMMISSION (HPC)
Section 26.220.010,Powers and duties.
E. Adoption of Historic Preservation Desigm _
Develepment Guidelines, pursuant to Chapter 26.415 and to adopt an other ther plans, guidelines,
or documents that will be used in a uug iding or regulator capacity by the city by resolution.
How the material shall be used in relation to the AACP, land use development,planning; and
historic preservation shall be described in the content of the resolution. Specifically, there
shall be a determination of whether the document shall be used as a guiding or regulatory
document. If a document is to be used as a guiding document the Commission shall adopt it
by resolution. When a plan, guideline, or document is to serve as a regulatory document as
determined by the Commission, the resolution will include a recommendation to the Citv
Council for adoption of the document by ordinance. Any plans, guidelines or documents that
are adopted by resolution shall not be adopted until notice is provided as outlined in Section
26.104.030. Comprehensive Community Plan and Other Plans, Guidelines, or Documents. a
Section 5•
Section 5 is an amendment to the Growth Management Quota System (GMQS) that relates to
Incentive Lodge Development. Staff wanted to clarify the language so that it is explicit that when
an Incentive Lodge Development application is comprised of an assemblage of parcels (either
contiguous or non-contiguous), any parcels that are not located within the Lodge zone district
shall be subject to the underlying dimensional requirements that the parcel is located within.
Chapter 26.470—Growth Management Quota System (GMQS)
Section 26.470.040, Types of Development and Associated Process
Sub-Section 26.470.040. C.3.d), Incentive Lodge Development
d) Asseeiated Free-market residential development associated with an Incentive Lodge
Development as permitted pufsuai4 te the zone distfiet in whieh the !edge is
developed shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
03
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
Ofree-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
1)The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
2)All parcels or lots within an incentive lodge development shall be eligible for
the orowth man dement incentives in this section. When an assemblage o
parcels or lots, that are either contiguous or non-contiguous, is considered
one development the parcels or lots shall meet the standards of the
underlying zone district within which they are located.
Section 6•
When developing a property, a minimum setback (the yard) between a building and the property
line is typically required. However, when a property receives access from a private right-of-way,
the property line is often located within the right-of-way. Previously, the land use regulations
regulating the setback from a private right-of-way made the assumption that the property line
was located at the centerline of the right-of-way. Often, this is not the case and the location of the
property line within the right-of-way varies. To try and accommodate measuring setbacks for
these properties, staff is proposing that in most cases the minimum setback be measured from the
boundary of the right-of-way. This will create a consistent and uniform setback for properties
along a private right-of-way.
Chapter 26.575—MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Section 26.575.040,Yards.
B. Required Yards Adjacent to Private Reads Streets and Rights-of-way. ^" °,,uirea .,.,..a
eright of way line of a dedieated „• blie way. Where there is no public dedication and
tu_ • •
the lot line extends into the ^°ffter-li the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations—, plus S
an uuuiuvucu mar
along the closest boundary of the right-o I
we to the proposed structure. When a property's lot line does not extend into the
right-of-way, the required yard setback shall equal the minimum distance sped red
under zone district regulations from the lot line. Please refer to Figure 575.1,
Required Setback from a Private Road or Right-of-Way,
- - - - I- -._ _ .-------------
0
Figure 575.1: Required Setback from a Private Road or Right-of-ay
Section 7•
Historic Landmark properties, as an incentive, can take advantage of reduced minimum lot sizes
and minimum lot widths to create new fee simple lots in a number of zone districts by going
through a Historic Landmark Lot Split. In a past amendment to the code, the provision requiring
the property to go through the Historic Landmark Lot Split was deleted, but the reduced
dimensional standards were not, allowing a Historic Landmark property to apply for a
development application for subdivision rather than a Historic Landmark Lot Split. The intent of
the reduced requirements is to allow an applicant to have additional development potential while
limiting the Floor Area Ratio of the new lot. Staff is recommending the requirement for a
property owner to be able to take advantage of these reduced dimensional requirements only be
allowed through the Historic Landmark Lot Split process. Sections 7 through 10 included the
Historic Landmark Lot Split language.
Chapter 26.710, ZONING DISTRICTS
Section 26.710.040, Medium-Density Residential (R-6).
• • a7
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) zone district:
1. Minimum lot size (square feet): Six thousand (6,0001. For lots created by Section
26.480.030 A.(4), Historic Landmark Ffoperfies Lot Split: Three thousand(3,000).
and,
3. Minimum lot width (feet): Six 601. For lots created by Section 26.480.030 A.(4),
Historic Landmark ernes-Lot Split: Thir 0 .
Section 8•
Section 26.710.050,Moderate-Density Residential(R-15).
D. Dimensional requirements. The following dimensional requirements shall apply to. all
permitted and conditional uses in the Moderate-Density Residential (R-15) zone district.
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26480.030 A.(4),Historic Landmark-grepeAies-Lot Split: Three thousand(3,000).
and,
3. Minimum lot width (feet)Seventy f ve (75). For lots created by Section 26.480.030 A.(4),
® Historic Landmark-Weper-ties Lot Split: rIED01.
Section 9•
Section 26.710.060,Moderate-Density Residential (R-15A).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) zone district:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4), Historic Landmark PrepeAies Lot Split: Three thousand (3,000).
and,
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.(4),
Historic Landmark-€' eperties-Lot Split: Thirty(30).
Section 10•
Section 26.710.090, Residential Multi-Family (R/MF).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district:
,a
0
1. Minimum lot size (square feet): Six thousand (6,0001. For lots created by Section
26480.030 A.(4),Historic Landmark pr-epe4ies Lot Split: Three thousand 0,0001.
and,
2. Minimum lot width (feet): Six 601. For lots created by Section 26480.030 A.(4),
Historic Landmark-pfeperties Lot Split: Thir 0�.
Section 11:
With the creation of incentive lodge development and changes in the city's existing zone district
regulations that accommodate lodging, a number of issues have surfaced that warrant
clarification. In encouraging lodge development, the intent of the lodge district regulations was
to allow an assemblage of parcels or lots, whether contiguous or non-contiguous, to be reviewed
and developed as one project. If the parcels or lots are located in the Lodge zone district, all of
the parcels or lots are eligible for the FAR and height incentives. If some of the parcels or lots,
being part of an assemblage, are not located in the Lodge zone district, the parcels and lots shall
meet the underlying dimensional requirements of the zone district they are located within. Staff
has included language in the Lodge zone district that clarifies this allowance.
Also changed in Section 11 is the density allowance for multi-family development depending on
whether it is a solely multi-family development or part of a mixed-use or lodging development.
When a project is one hundred percent multi-family, the density allowance per dwelling unit
remains 3,OOSF of lot area per unit. If it is a mixed-use or lodging project there is no minimum
lot area per dwelling unit requirement. A trash and utility service area requirement has been
added to the Lodge zone district, as required in other zone districts.
Included in both Sections 11 and 12 are substantive changes to the FAR allowance for non-unit
space. Non-unit space includes hallways, private parking, linen closets, etc. that are necessary
components of a lodging facility. Looking at a number of current and potential projects, Staff
determined that the individual ratio allowed was too small to allow for basic life-safety issues to
be addressed within the ratio. After comments from the Commission, Staff is recommending
removing the non-unit space ratio as an individual FAR category. FAR for non-unit space would
not be attributed to any individual FAR cap, but the maximum FAR cap for the parcel can not be
exceeded.
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist—oriented multi-family buildings, high occupancy timeshare facilities, and ancillary
uses compatible with lodging, an assemblage of parcels or lots, which do no not need to be
contiguous, may constitute and be considered one development. !fan assemblage of parcels or lots
is located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
or lots includes property outside of the Lodge zone district, said parcels or lots located outside of
the lodge zone district shall meet the underling requirements of the zone district within which they
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent multi-family residential. There is no minimum
requirement for multi family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width(feet): 30.
4. Minimum front yard setback(feet): 5.
5. Minimum side yard setback(feet): 5.
6. Minimum rear yard setback (feet): Five 51. Plus a trash/utiliU service area shall be
required abutting the alley, pursuant to Section 26575.060 UtilibLITrash/Recycle
Service Areas.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
• than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
• space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5.Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note:A development's non-unit space shall not count towards the FAR cap of an
i' individual use category, but the maximum FAR cap for the parcel shall not be
exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
3. Uses and f4eilifies aneillapy te a!edging operation (nen tink spaee); -5-4-.
43. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note: A development's non-unit space shall not count towards the FAR cap of an
individual use category, but the maximum FAR cap or the parcel shall not be
exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
• to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of.75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
Section 26.710.200, Commercial Lodge (CL).
SubSection 26.710.200 D.10, Floor Area Ratio (FAR)
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
® b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
e) Uses and f4eilities aneillar-y to a lodging operation(non Unit spaee).! .5.1.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review,pursuant to Section 26.430.
dd) Free-Market Multi-Family Housing: .5:1.
Note: A development's non-unit space shall not count towards the FAR cap of an
individual use categ—ory but the maximum FAR cap for the parcel shall not be
exceeded.
RECOMMENDATION:
Staff recommends that the City Council approve the attached ordinance, approving staff
recommended changes to Sections: 26.104.030, Comprehensive Community Plan; 26.208.010,
Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties; 26.575.040,
Yards; 26.710.040, Medium Density Residential (R-6); 26.710.050, Moderate-Density Residential
(R-15); 26.710.060 Moderate-Density Residential (R-15A); 26.710.090, Residential Multi-Family
(R/MF); 26.470.040, Types of Development and Associated Process; 26.710.190, Lodge (L); and
26.710.200, Commercial Lodge(CL)of the Land Use Code.
Recommended Motion (All motions are proposed in the affirmative):
"I move to approve Ordinance No.S�, Series of 2005, upon first reading."
City Manager Comments:
Attachment:
EXHIBIT A-Text Amendment Review Criteria& Staff Findings
EXHIBIT B -Resolution of the Planning and Zoning Commission
EXHIBIT C—Minutes of the Planning Commission(November 1 and 22, 2005)
•
•
P129
ORDINANCE N0. _
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN;
26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND DUTIES; 26.220.010,
POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-DENSITY
RESIDENTIAL (R-6); 26.710.00, MODERATE-DENSITY RESIDENTIAL (R-15);
26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090, RESIDENTIAL
MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND ASSOCIATED
PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL LODGE (CL) OF
THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing
clarification on the process of adopting plans and guiding documents and how the plans or
guidelines will be used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the
way a setback is measured from a private road; and,
WHEREAS, the Community LAP. elopmPnt Department Ends that additional
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the
Lodge zone district and Commercial Lodge zone district standards to encourage new
development and redevelopment of lodging units within the city and finds that additional
amendments to the code are necessary to facilitate new development and redevelopment of
lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
text amendments under the applicable provisions of the Municipal Code as listed under Land Use
Code Section 26.310.040, Standards of review; and,
WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public
hearing on November 1, 2005 and continued on November 22, 2005, as required by Section
26.310.020, Procedure for amendment, approved Resolution No. 34, Series of 2005, by a five to
zero (5-0) vote, approving the recommended changes to the above referenced sections of the
Land Use Code, and recommending that City Council approve the proposed amendments.
WHEREAS, the Aspen City Council has reviewed and considered the code amendments
under the applicable provisions of the Municipal Code as identified herein, has taken public
testimony, and heard the recommendations of the Planning and Zoning Commission and
Community Development Director; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
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Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the City Council hereby approves the Code Amendment sections initiated by the
Community Development Department as outlined below:
Section 1:
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is amended as follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend, extend, of add to its comprehensive community plan, or
carry any part of its subject matter into greater detail through the development of supplemental
plans, guidelines, or documents. It will be described, within the text of these plans, guidelines, or
documents how the material shall be used in relation to the AACP, land use development, and
planning. Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. If used as a guiding or regulatory document, the document shall
be adopted by resolution or ordinance, as provided in Chapter 26.200, Administration—Decision
Making Bodies. In particular, if the document is to be used as a policy of a board or commission
the document shall be adopted by resolution of that board or commission. If a document is to be
used as a policy of the city, it shall be adopted by resolution of the City Council. When a plan,
guideline, or document is to be used in a regulatory fashion, it shall be adopted by ordinance of
the City Council. The adopting resolution or ordinance shall state how the plans, guidelines, or
documents shall be used in relation to the AACP, land use development, and planning..
Before the adoption of a plan or any such part, amendment, extension, or addition by an adopting
body, at least one (1) public hearing shall be conducted, notice of the.time and place of which ,
shall be given by one (1) publication in a newspaper of general circulation in the city as outlined
in Section 26.304.060. E.3.a., Publication of notice.
Note to codifier: Besides the additional paragraphs, the section heading has been modified.
Section 2:
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced as follows:
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I. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the AACP,
land use development, and planning shall be described in the content of the resolution or
ordinance. Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. When used as a guiding document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance. Any
plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted until
notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other
Plans, Guidelines, or Documents;
a
Note to codifier: Sections 26.208.010 A-H and J-P have not been amended.
Section 3:
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. as follows:
R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding or
regulatory capacity by the city. How the material shall be used in relation to the AACP, land use
development, and planning shall be described in the content of the resolution. Specifically, there
shall be a determination of whether the document will be used as a guiding or regulatory
document. Tf a-document-is to be used as a guiding document the Commission shall adopt it by
resolution. When a plan, guideline, or document is to serve as a regulatory document as determined
by the Commission, the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents.
Note to codifier: Section 26212.010 R. is to be added to Sections 26212.010A.-0.
Section 4:
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010,Powers and Duties, is amended to add sub-section 26.220.010 L. as follows:
E. Adoption of Historic Preservation Design Guidelines, pursuant to Chapter 26.415 and
to adopt by resolution any plans, guidelines, or documents that will be used in a guiding or
regulatory capacity by the city. How the material shall be used in relation to the AACP, land use
development, planning, and historic preservation shall be described in the content of the
resolution. Specifically, there shall be a determination of whether the document shall be used as a
guiding or regulatory document. If a document is to be used as a guiding document the
Commission shall adopt it by resolution. When a plan, guideline, or document is to serve as a
regulatory document as . .determined by the Commission, the resolution will include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
Page 3 of 11
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as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, $` '`
or Documents.
Note to codifizer: Only Section 26.220.010 E. is amended.
Section 5:
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements. It
allows an assemblage of parcels or lots (that do not have to be contiguous) to be considered one
development application. If the lots are within the lodge zone district they qualify for the
incentives in height and FAR. If the lots are not within the lodge zone district they must meet the
underlying zone district dimensional requirements. Therefore, Section 26.470.040 C.3.d),
Incentive Lodge Development, is repealed in its entirety and replaced as follows:
d) Free-market residential development associated with an Incentive Lodge
Development shall be allocated on a unit basis and attributed to the annual
development allotment. Each unit shall require the provision of affordable housing
mitigation by one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to ,
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen-shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit.
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
1) The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
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2) All parcels or lots within an incentive lodge development shall be eligible for
the growth manauement incentives in this section. When an assemblage of
parcels or lots, that are either contiguous or non-contiguous, is considered one
development, the parcels or lots shall meet the standards of the underlying zone
district within which they are located.
Note to codifier: Section 26470.040 C.3.d) has been modified as well as 26.470.040 C.3.d) iii). An
additional note has also been included in the section.
Section 6•
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and as follows:
B. Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a property's
lot line does not extend into the right-of-way, the required yard setback shall equal
the minimum distance specified under zone district regulations from the lot line.
Please refer to Figure 575.1, Required Setback from a Private Road or Right-of-Way.
_ - - -----I - - - - -� - -
Figure 575.1: Required Setback from a Private Road or Right-of-Way
Note to codifier.- Only Section 26 575.040 B. has been modified. Sections A, C, D, and E have not
changed.
Page 5 of 11
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Section 7:
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.I., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section
26.480.030 A.(4),Historic Landmark Lot Split: Three thousand (3,000).
And,
3. Minimum lot width (feet)• Sixty (60). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.040. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, 10,
and I1 have not changed.
Section 8:
The changes in,Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.1., Minimum
Lot Size, and Section 26.710.050 D.3,Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4),Historic Landmark Lot Split:Three thousand (3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty (30).
Note to codifier: Only Section 26.710.050. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 9:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.(4), Historic Landmark Lot Split: Three thousand (3),000).
And,
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3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.(4),
Histori c Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.060. D.1. and 3. have been mod fed. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.,
Minimum Lot Size, and Section 26.710.090 D3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section
26.480.030 A.(4),Historic Landmark Lot Split: Three thousand (3,000).
And,
2. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 A.(4),
Historic Landmark Lot Split: Thirty(30).
Note to codifier: Only Section 26.710.090. D.1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 11:
The changes in Section 11 clarify how an assemblage of parcels or lots for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minimum when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed as an individual cap and included as part of the overall FAR maximum allowance.
Therefore, Section 26.710.190 D., Lodge (L), is repealed in its entirety and replaced as follows:
26.710.19G Lodge (L). - - - - -
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist—oriented multi-family buildings, high occupancy timeshare facilities, and ancillary
uses compatible with lodging, an assemblage of parcels or lots, which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district, said parcels and lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which they
Page 7 of 11
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are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent multi-family residential. There is no minimum
requirement for multi-family residential development in a .mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear vard setback (feet): Five (5). Plus, a trash/utility service area shall be
required abutting the alley, pursuant to Section 26.575.060, Utility/Trash/Recycle
Service Area.
7. Maximum height:
a) 1V ulti-F''amily (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size `
C, than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic' Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
Page 8 of 11
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3. Commercial Parking Facility: 1:L
4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note: A development's non-unit space shall not count towards the FAR cap of an
individual use category, but the maximum FAR cap for the parcel shall not be
exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review,pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
3. Commercial Parking Facility: 1:1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
5. Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1
by Special Review, pursuant to Section 26.430.
Note: A development's non-unit space shall not count towards the FAR cap of
an individual use category, but the maximum FAR cap for the parcel shall not
be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
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2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:L Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and,includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space):-2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .5:1.
Note: A development's non-unit space shall not count towards the FAR cap of an
individual use category, but the maximum FAR cap for the parcel shall not be
exceeded.
Section 13:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this.ordinance in
the office of the Pitkin County Clerk and Recorder.
Page 10 of 11
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Section 15:
A public hearing on this ordinance shall be held on the 9"' day of January, 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 12th day of December, 2005.
Attest:
Kathryn S. Koch, City Clerk Helen K. Klanderud,Mayor
FINALLY, adopted, passed and approved this_th day of ,200_.
Attest:
Kathryn S. Koch, City Clerk Helen K. Klanderud,Mayor
Approved as to form:
City Attorney
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P141
Exhibit A
TEXT AMENDMENT REVIEW CRITERIA & STAFF FINDINGS
Section 26.310.040 of the City Land Use Code provides that applications for text amendments to
the Land Use Code must comply with the following standards and requirements.
26.310.040 Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the official zone district
map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Finding
The intent of the proposed amendments is to repeal any conflicts and provide additional
clarification within sections of the Land Use Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Com.-.... ln.
m nit j An
au i l a
Staff Finding
The code amendments generally implement the AACP. Some of the amendments such as
requiring projects to use the Historic Landmark Lot Split will implement the goal of historic
preservation. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The text amendments are not site specific. This review standard is not applicable.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The text amendments will not directly impact traffic generation and road safety. Staff f nds this
criterion to be met.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
Staff Finding
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The text amendments will not directly impact public facilities. Staff finds this criterion to be
met.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding
The text amendments will not directly impact the natural environment. Staff finds this criterion
to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding
Some of the code amendments should help preserve community character. Staff finds this
criterion to be met.
ii. Vi'hether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding .
The text amendments will not directly impact a specific site. This review criteria is not
applicable.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose`and intent of this Title.
Staff Finding
The intent of the text amendments are to clarify and be in harmony with the intent of Land
Use Code. Staff finds this criterion to be met.
RESOLUTION N0. 34
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN- 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040,MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE. (CL) OF THE CITY OF ASPEN MUNICIPAL CODE,'AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is �i�easured from a private road; and,
WHEREAS, the Community Development Department fmds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
=- R/1` F zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public hearing on November 1, 2005 and continued on
November 22, 2005, as required by Section 26.310.020, Procedure for amendment, the Planning
and Zoning Commission approved Resolution No. 34 Series of 2005, by a five to zero (5-0) vote,
approving the recommended changes to the above referenced sections of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
1
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Sect— ion 1: ;nom
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is repealed in its entirety and
replaced by striking and adding, denoted by strike and add, language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans Guidelines or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the ciL may amend extend or add to its com rehensive communitv 121an, or
carry any part of its sub'ect matter into zreater detail through the development o su lemental
fans guidelines or documents. Within the text o these plans, -uidelines or documents it will
describe hoy;, the ,material shall be used in relation to the AACP land use -develo ment and
tannin . Sp eci zcally there shall be a determination o whether the document will be used as a
idin or ne ulatory document. If used as a guiding or reaizlatory document the document shall
be adopted by resolution or ordinance, as appr2priate and b e appropriate body
as orovided
in Chapter 26.200 Administration –Decision Makin-Bodies. Specilicallh if the document is to
be used as a 2olicy of a board or commission the document will be ado ted by resolution of that
board or commission. If,a document is to be used as a Policy of the city, it shall be adopted by
resolution o the Citv Council. When a tan guideline or document is to be used in a r�ulqto�r.,,
ashion it shall be adopted by ordinance of the Citv Council The adopting reso
ordinance shall state how the laps uzdelznes or documents shall be used in relation to the
AACP land use development, and lanninZ
Be ore the adoption of' a plan or anv such art amendment extension or addition b an
ado tin o p v
bod at least one 1) ouhlic_hearinz, notice of the time and 21ace of which shall be
given by one (1) publication in a newspaper of general circulation in the city
Section 2:
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by smoke and add, language to the Land Use Code
as follows:
guidelines
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I To adopt by resolution or ordinance an�, plans guidelines or documents that will be used in a
o idance or red latory capacity by the city. How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution or
ordinance. Specifically there shall be a determination. of whether the document will be used as a
guiding or regulatory document When used as a ui�dinZ document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance. Anv
plans guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26.104.030 Comprehensive Community Plan and
Other Plans, Guidelines, or Documents.
Section 3:
The 'changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by str-i-ke and add, language to the Land Use Code as follows:
R. To adopt by resolution anyplans guidelines or documents that will be used in a guiding
or regulatory capacity by the city. How the material shall be used in relation to the AACP, land
use development and planning shall be described in the content of the resolution. Specifically
there shall be a determination of whether the document will be used as a guiding or regulatory
document. La document is to be used as a guiding document the Commission shall adopt it bv.
resolution. When a plan guideline or document is to serve as a regulatory document as determined
by the Commission the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance. Any plans guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents.
Section 4:
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by stake and add, language to the Land Use Code as follows:
L. To adopt by resolution any plans zuidelineS or documents that will be used in a
iding or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution. Specifically, there shall be a determination of whether the document
shall be used as a guiding or regulatory document. If a document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan, guideline, or document is to
serve as a regulatory document as determined by the Commission the resolution will include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
as outlined in Section 26.104.030 Comprehensive Community Plan and Other Plans, Guidelines,
or Documents.
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Section 5: ,
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety .
and replaced by striking and adding, denoted by strilke and add. language to the Land Use Code
as follows:
d) AsseeiateQ Free-market residential development associated with an Incentive Lode
Development,
d&� shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following in
i) Providing an Accessory Dwelling Unit (ADU) or-a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on Ia Unit basic), The affbrdable housing unit$
shall be one-bedroom or larger and be provided as actual u'nits (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
`,— pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the.Aspen/Pitkin County.Housing Authority Guidelines.
Notes.
The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
2) When an assemblage of parcels or lots that are either contiguous or non-
contiguous, as considered one development application the parcels or lots
shall meet the following standards.- !Zan assemblage of 2arceZs or lots is
located entirely within the Lodge zone district all parcels or lots shall be '
eligible for FAR and hei ilt incentives as but lined in the Lodge zone distract
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standards. When one development application includes parcels or lots outside of
the Lodge zone district, said parcels or lots shall meet the underlying standards
of the zone district within which thev are located.
Section 6:
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by she and add, language to the Land Use
Code as follows:
7 b
the eentef-lifie ef the g tb
b f
Fight
B. Required Yards Adjacent to Private Streets or Rights-of--Way. Where there is no public
dedication and the lot line extends into the right-of-wad the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a property's
lot line does not extend into the right-of way the required vard setback shall equal
the minimum distance specified under zone district regulations from the property
line.
Section 7:
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.l., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001.
3,000. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3.000).
And,
3. Minimum lot width (feet): Sixty 601. rem Histefie r ^ ar,^ ' ^r^r °s �For lots
created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirty (30).
Section 8:
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
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undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.1., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). r-ei-sistei T a
. For lots created by section 26.480.030 A (4) Historic
Landmark Lot Split• Three thousand(3 000)
And,
3. Minimum lot width (feet): Seventy-five 5x. Histe - r � For lots
created by section 26 480 030 A (4)Historic Landmark Lot Split.- Thirty(30)
Section 9:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.I., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and add, language to the Land Use Code as follows:
1. Minimum lot size' (square feet): Fifteen thousand (15,000). ref: Hister-is–La. r
, . For lots created by section 26.480.030 A (4) Historic
-�` Landmark Lot Split- Three thousand(3 000) --
And,
3. Minimum lot width (feet): Seventy-five (75). Ec Pi:oPei4ies.- thi �}
For lots created bE section 26 480.030 A (4)Historic Landmark-Lot Split.- Thirty (30)
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (RIMF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.;
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by stfike and add. language to the Land Use Code as follows:
I. Minimum lot size (square feet): Six thousand (6,0001. T aadf 4-py-ej�
3,000. For lots created by section 26.480 030 A (4) Historic Landmark Lot Split Three
thousand(3 000)
And,
2. Minimum lot width (feet): Six 602. Fir ;rtene—7 any eges For lots
created by section 26.480.030 A.(4)Historic Landmark Lot Split- 777irty (30)
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Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by s and add, language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction renovation, and operation of
IodZes, tourist —oriented multi-fa ily buildings high occupancy timeshare facilities and ancillary
uses compatible with lodUina an assemblage ofparcels or lots which do not need to be contiguous
may constitute and be considered one development application fan assemblage of parcels or lots
is located entirely within the Lodge zone district all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lode zone district standards When an assemblage ofparcels
and lots includes property outside of the Lodge zone,district said parcels and lots located outside of
the lodge zone district shall meet the
_ underiviv g requirem GrtJ Vft/ n zone district within -which t/L
e V
m-e located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
- 1. Minimum lot size (square feet): 3,000
1
2. Minimum lot area per dwelling unit (square feet
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi family residential development in a mixed use or
lowing development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): Five 5). Plus, a trash/utility service area shall be
required abutting the alley pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
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P150
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet)• 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR)
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up.to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt- Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section_26.430,
3. Us�;,Is and fasiiiti teal a o
3.Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review,pursuant to Section 26.430.
6-S. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example:.If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet .may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section .
26.710.190.F.
Note: A development application's non-unit space shall not count towards the
F_AR cap on an individual use cateory but the maximum FAR can or the parcel
shall not be exceeded
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
8.
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1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
Uses aiidfaeilities aneillarte-a l gig e).
473. Commercial Parking Facility: 1:1.
-�;.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note: A development application's non-unit space shall not count towards the
FAR cap on an 'individual use cate_zory, but the maximum FAR cap for the
parcel shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to Uie adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
i 1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of.75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by stye and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
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b) Lodging units timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430. '
Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
Free-Market Multi-Family Housing: .5:1.
Note: A develo ment a lication's non-units ace shall not count towards the
FAR can on an individual use cate-07- but the maximum FAR cap for the parcel
shall not be exceeded
Section 13:
This Resolution shall not effect/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 recommended, and the same shall be conducted and concluded
under such prior ordinances.
nP z<O v E D
BY the running and Zoning Commission of the City of Aspen on this 22nd day of
November,2005.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney _
Jasmine Tygre, Chair
ATTEST:
ackie Lothi n, Deputy City Clerk
.10
NT ;M�3
'ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 01, 2005
Public Comments:
1. Donna Fischer, public, stated that she lived on the opposite side of Eastwood
Drive and said that it was not acceptable for people to build closer to.the street.
Fischer spoke of the variance granted by the board of adjustment for the ability to
build a garage 5 feet from the road because the woman was elderly and there were
more variances allowed. Fischer stated concern because it was not an appropriate
spot for people to come closer to the road. Fischer emphasized that this was a
really narrow road.
2. Catherine Garland, public, stated that she lived on McSkimming Road and
was against the amendment because the road was very dangerous and narrow.
Garland stated concern for building too close to the road.
3. Peter Kelly, public, stated that he lived on McSkimming Road and asked
who generated this code amendment. Chris Bendon answered that there were quite
a few requests for that front yard setback variances and the Board of Adjustment
granted these variance requests; staff did not support the variances. Bendon said
that staff generated this amendment. Bendon said the way that the city measured
property lines was different than the way the county measured so there was a
change in the rules that affected property, which was not considered.
4. Evan Clark, public, represents several property owners on Skimming Lane
and said the setback difference was 5 feet. Clark said that this was not created by
the lot owners own actions. Clark said this was simply a difference in how the city
and county measured.
5. Dan Martineau submitted a letter in support of the code amendment.
Jasmine Tygre requested some kind of a diagram to show the amount and points of
reference. John Rowland requested a series of street sections to get a better
feeling. Tygre said that they needed a drawing to show how close the properties
would be to the actual road. Ruth Kruger requested a blow up of the portion of the
drawing to show the impacts on the street.
MOTION.- Steve Skadron moved to continue the Land Use Code Amendment for
Eastwood/Skimming to November 22"d, seconded by John Rowland. All in favor,
motion carried. -
PUBLIC HEARING:
LAND USE CODE MISCELLANEOUS AMENDMENTS
Jasmine Tygre opened the land use miscellaneous amendments. Notice was
provided. Jennifer Phelan stated a number of the revisions had to do with items
deleted from the code or with the new lodging overhaul language that needed to be
changed or clarified. Phelan said the staff report followed the resolution.
4
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P154 _ ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 01, 2005
Phelan said that Sections 1, 2, 3 and 4 (page 3 in the memo) had the intent to
clarify the use and role of planning documents. Phelan said the documents had to
include a mission statement of how the document will be used and if the document
is used as a policy document then it will be adopted by resolution. Guiding
policies will be adopted by ordinance.
Phelan stated that Sections 2, 3 and 4 were broken down to the powers and duties
of City Council, Planning Commission and Historic Preservation Commission.
Phelan said Section 5 was a change in the Growth Management Quota System
(GMQS); if free market residential projects were an assemblage and were in 2
different zone districts then the zone district that each portion was located in would
apply to each portion of the project.
Phelan stated that Section 6 was Miscellaneous Supplemental Regulations and how
setbacks were measured; the setbacks were measured from the boundary of the
easement or pavement. In the new language "B" added "into" and deleted "to 4e
eeiiter-line e
Phelan said Sections 7, 8, 9 and 10 added language to take advantage of the
historic lot splits and dimensional requirements for R-15A and RMF.
Phelan noted Section 11 (pages 7 & 8) included clarification of the assemblage of
parcels that don't have to be contiguous for lodge projects.
Tygre noted that sometimes code amendments were passed by ordinance and
changed from the time P&Z approved. Tygre expressed the need to see what code
amendments by Ordinance have changed from the time it was reviewed by P&Z to
the Council review.
MOTION: Ruth Kruger moved to continue the Miscellaneous Code Amendments
to November 22nd; seconded by Dylan Johns. All in favor, motion carried.
Meeting adjourned at 6:55 p.m.
Jackie Lothian, Deputy City Clerk
5
ASPEN PLANNING & ZONING COMMISSION MEETING P155
Minutes November 22, 2005
PUBLIC HEARING:
920/930 MATCHLESS DRIVE
Jasmine Tygre opened the public hearing for 920/930 Matchless Drive.
MOTION.- Dylan Johns moved to continue the public hearing for 9201930
Matchless Drive; seconded by Steve Skadron. All in favor motion carried.
PUBLIC HEARING:
LAND USE CODE MISCELLANEOUS AMENDMENTS
Jasmine Tygre opened the land use miscellaneous amendments. Notice was
provided at the November 1 S` public hearing. Jennifer Phelan stated a number of
changes that staff presented were noted in green italics for additions and red
strikethroughs for deletions.
Section 5, the Growth Management Quota System (pages 4 & 5) language was
Lo " YYauueu the IQLnoLe 2) Yen an assemblage of parcels or lots, that are either contiguous
or non-contiguous, is considered one development application, the parcels or lots shall meet the
following standards: If an assemblage of parcels or lots is located entirely within the Lodge zone
district, all parcels or lots shall be eligible for FAR and height incentives as outlined in the Lodge
zone district standards. When one development application includes parcels or lots outside of the
Lodge zone district, said parcels or lots shall meet the underlying standards of the zone district
within which they are located. "
Section 6, measuring the setback from a private right-of-way (pages 5 & 24) the
language added was "Required Yards Adjacent to Private Streets or Rights-of-Way. Where
there is no public dedication and the lot line extends into the right-of-way, the required yard
setback shall equal the minimum distance specified under the zone district regulations along the
closest boundary of the right-of-way to the proposed structure. When a property's lot line does
not extend into the right-of-way, the required yard setback shall equal the minimum distance
specified under zone district regulations from the property line. " Phelan said that the
measurement was taken from the edge of the right-of-way fqr this code
amendment.
Phelan said that non-unit space with regard to lodging structures (pages 9 & 10)
Section 11 was created for the floor area ratio calculations (FAR). The language
added was "Note:A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel shall not be
exceeded. "
Brandon Marion stated that he would not vote on these code amendments since he
was not present at the prior meeting and did not hear the public comments.
DRAFT 3
P156 ASPEN PLANNING & ZONING COMMISSION MEETING
Minutes November 22, 2005
Akw
MOTION: Dylan Johns moved to approve Resolution 934, series 2005, based
upon the code amendment request meeting the review standards of Section
26310.040 of the Land Use Code. This resolution makes staff recommended
changes to Sections 26.104.030, Comprehensive Community Plan; 26.208.010,
Powers And Duties; 26.212.010, Powers And Duties; 26.220.010, Powers and
Duties; 26.575.040, Yards; 26.710.040, Medium-Density Residential (R-6);
26.710.050, Moderate-Density Residential (R-15); 26.710.060, Moderate-Density
Residential (R-15a); 26.710.090, Residential Multi-Family (R/Mf); 26.470.040, _
Types of Development and Associated Process; 26.710.190, Lodge (L); and
26. 710.200, Commercial Lodge (Cl) of the City of Aspen Municipal Code, and
recommending that City Council approve the proposed amendments to the Municipal
Code. Seconded by Brian Speck. Roll call vote: Skadron, yes; Rowland, yes; Speck,
yes; Johns, yes; Tygre, yes; APPROVED 5-0.
CONTINUED PUBLIC HEARING:
LAND USE CODE AMENDMENT— EASTWOOD/SHIMMING ROAD
Jasmine Tygre opened the continued public hearing for the Land Use Code
Amendments on Eastwood and McSkimming Roads. Sarah Oates provided
sections and aerial photos of Eastwood Drive and Skimming Lane. Oates noted
this was looking to amend setbacks in the R-15B Zone District; currently all
properties have a 30 foot front yard setback. Oates stated there was a change in the
way the setback was measured; the edge of the easement was where the setback
was going to be measured from.
Oates presented Exhibit A as the proposed setback board, Exhibit B as the GIS
mapping, Exhibit C was the various requests and Exhibit D was the Eastwood
aerial. Oates said approximately 8 to 10 of the existing house would be put into
conformance by this change in setbacks. The only lots that were affected by this-
code amendment on Eastwood were the lots that were also bordered by Highway
82 and Eastwood.
Steve Skadron asked if this was a reality of the topography of the property. Chris
Bendon replied that there were many variance requests along this road and staff
could not support the variance because staff could not find that by applying this 30
foot setback that there was a taking of property that doesn't exist. Bendon said the
Board of Adjustment-granted the variance requests because it did not seem like the
right planning solution therefore staff needed to have a planning discussion about
what is the proper setback along this street. Skadron said if you buy this property
make it work under these guidelines. Bendon said there was a question here what
was the better planning solution, do you want the houses pushed closer to Highway
DRAFT 4
RESOLUTION N0. 34
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE, AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public hearing on November 1, 2005 and continued on
November 22, 2005, as required by Section 26.310.020, Procedure for amendment, the Planning
and Zoning Commission approved Resolution No. 34 Series of 2005, by a five to zero (5-0) vote,
approving the recommended changes to the above referenced sections of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
1
Section 1
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is repealed in its entirety and
replaced by striking and adding, denoted by strike and add, language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend extend or add to its comprehensive community plan, or
carry any part of its subject matter into greater detail through the development of supplemental
plans guidelines or documents Within the text of these plans ,guidelines, or documents it will
describe how the material shall be used in relation to the AACP, land use development, and
planning Speci acally there shall be a determination of whether the document will be used as a
u�ding or regulatory document If used as a guiding or regulatory document the document shall
be adopted by resolution or ordinance as appropriate and b the he appropriate body as provided
in Chapter 26.200, Administration —Decision Making Bodies. Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission If a document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council When a plan ,uideline or document is to be used in a regulatory
fashion it shall be adopted by ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans guidelines or documents shall be used in relation to the
AACP land use development, and planning.
Before the adoption of plan or any such part amendment extension or addition by an
adopting body, at least one (1) public hearing notice of the time and place of which shall be
given by one (1) publication in a newspaper of general circulation in the city.
Section 2•
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by strike and add, language to the Land Use Code
as follows:
T T adopt 1,' t .1' t. t and Mite land rL development guidelines ra to .�t;f
�
stfuettifes pufstiant to Chapter- 26.415--,
2
I To adopt by resolution or ordinance any plans guidelines or documents that will be used in a
guidance or regulatory capacity by the city How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution or
ordinance Specifically, there shall be a determination of whether the document will be used as a
ug idingor re ug latory document When used as a guiding document of the city it shall be adopted
by resolution and when used as a regulatog document it shall be adopted by ordinance. Any
plans guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26104 030 Comprehensive Community Plan and
Other Plans Guidelines, or Documents.
Section 3:
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by stye and add, language to the Land Use Code as follows:
R To adopt by resolution any plans guidelines or documents that will be used in a guiding
or re-g latog capacity by the city. How the material shall be used in relation to the AACP, land
use development and planninz shall be described in the content of the resolution. Specifically,
there shall be a determination of whether the document will be used as a guiding or regulatory
document If a document is to be used as a guiding document the Commission shall adopt it by
resolution When aplan guideline or document is to serve as a regulatory document as determined
by the Commission the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance Any plans guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans Guidelines, or Documents.
Section 4•
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by stye and add, language to the Land Use Code as follows:
L To adopt by resolution any plans guidelines or documents that will be used in a
guiding or regulator capacity by the city. How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution Specifically, there shall be a determination of whether the document
shall be used as a guiding or re ug latog document If a document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan guideline, or document is to
serve as a regulatory document as determined by the Commission the resolution will include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
as outlined in Section 26104 030 Comprehensive Community Plan and Other Plans, Guidelines,
or Documents.
3
Section 5:
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety
and replaced by striking and adding, denoted by stfike and add, language to the Land Use Code
as follows:
d) yea Free-market residential development associated with an Incentive Lodge
Development as efmrtt a ptir-sttai4 t'' di t t 'hie the ,ea 1
t8--L2I�J-p'12'�IITJC11l l ill Y 111 1 Lll !edge
develepe shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
1) The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
21 When an assemblage of parcels or lots that are either contikuous or non-
contiguous is considered one development application, the parcels or lots
shall meet the following standards: g an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels or lots shall be
eligible for FAR and height incentives as outlined in the Lodge zone district
4
standards When one development�plication includes parcels or lots outside of
the Lodge zone district said parcels or lots shall meet the underlying standards
of the zone district within which they are located.
Section 6:
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by strike and add, language to the Land Use
Code as follows:
right vi
the right Y line of-a
the eenter-line of the p c
JU11 tiuu the distanee
fight speeified tinder- zone distfiet fegulations, plus an additional distanee equal te One half
J)
n ) J shall the r-equir-ed
( /2) T the right ht idt as i private ate. nJ' i e 1edieate f N
or- 11blie,
/ J
B Required Yards Adiacent to Private Streets or Rizhts-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a property's
lot line does not extend into the right-of-way, the required yard setback shall equal
the minimum distance specified under zone district regulations from the property
line.
Section 7:
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.1., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stye and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001.
For- Histefie hafidmafk 12
;A99 For lots created by section 26480.030 A.(4) Historic Landmark Lot Split, Three
thousand(3,000).
And,
3. Minimum lot width (feet): Sixt 60�. ror-Hister�L-a�k pr -3 -. or lots
created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirty(30).
Section 8:
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
5
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.1., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stfike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). Hister-ie Land,,,-.�,',
For lots created by section 26480.030 AN) Historic
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventy- ave (751. His ri^ Tan maAE D"^~°�ies�0. For lots
created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirty(30).
Section 9•
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stye and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). Est T .,ra,,,ar-k
PfepeAies. thfee thousand (3,000). For lots created by section 26480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). Histe fie r .,,,a., a fk Pr-opefties_ thiF y (30)_
For lots created by section 26480.030 A.(4)Historic Landmark Lot Split: Thirty(30).
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by strife and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001. .
3,000. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
And,
2. Minimum lot width (feet): Six 601. tester-ieLandmark—}-eperties: For lots
created by section 26.480.030 A.(44)Historic Landmark Lot Split: Thirty(30).
6
Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by stake and add, language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges tourist —oriented multi- amily buildings, high occupangy timeshare facilities, and ancillary
uses compatible with lodging an assemblage of parcels or lots, which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage of parcels or lots
is located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district, said parcels and lots located outside of
the lode zone district shall meet the underlying requirements of the zone district within which they
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): Five 5). Plus, a trash/utility service area shall be
required abutting the alley,pursuant to Section 26.575.060.
7. Maximum heir
a) Multi-Family(as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
7
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
3. Uses and a 'lities c"cne-ileaf-to cc!edging egcra ie on unit spaee)! . 1.
-4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review,pursuant to Section 26.430.
6.S. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
8
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
3. Uses and f4eilities-aneillar-yto a edging epe en (non unit spaee).: .s:'.
4.3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the
parcel shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of.75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by spike and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
9
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .5:1.
Note A development application's non-unit space shall not count towards the
FAR cap on an individual use catejzory but the maximum FAR cap for the parcel
shall not be exceeded.
Section 13:
This Resolution shall not effect/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 recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 22nd day of
November, 2005.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
-
1� /
City Attorney Jasmine Tygre, Chair
ATTEST:
le�fLieLothihn,Deputy City Clerk
10
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: Jennifer Phelan, Long Range Planner
RE: Proposed Miscellaneous Code Amendments—Continued from the Public Hearing
of November 1,2005
DATE: November 22, 2005
SPECIAL NOTE: This staff report is amended since the November 1St report and addresses the
issues raised at the first public hearing.It contains the following:
• A summary of the issues raised from the last meeting with proposed language
changes to the code amendments (any words in green italics and underlined are new
and any words in are deleted); and
• a revised resolution.
Included below are portions of the original staff report of November 1, 2005 with amendments to
® reflect the proposed changes. New language amendments are included within Section 5 (pages 4-5),
Section 6(page 5), Section 11 (pages 9-10),and Section 12 (page 10).
Staff is proposing a number of revisions to the following sections of the Land Use Code:
26.104.030, Comprehensive Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers
and Duties; 26.220.010, Powers and Duties; 26.575.040, Yards; 26.710.040, Medium Density
Residential (R-6); 26.710.050, Moderate-Density Residential (R-15); 26.710.060 Moderate-Density
Residential (R-15A); 26.710.090, Residential Multi-Family (R/MF); 26.710.100, Residential/Multi-
Family (R/MFA); 26.470.040, Types of Development and Associated Process; 26.710.190, Lodge
(L); and 26.710.200, Commercial Lodge(CL).
The intent of sections 1 through 4 is to clarify how plans and documents are to be used, either as
guidelines or in a regulatory capacity, and the process of adopting these plans and documents.
Besides the Aspen Area Community Plan (AACP), documents such as the Employee Housing
Guidelines and Historic Preservation Design Guidelines are used by decision-making bodies
when reviewing development applications. The city has or is in the process of developing
additional documents such as neighborhood plans, the infill report, and the civic master plan.
Staff is recommending that it should be determined whether these documents are to be used as a
guiding or regulatory document when reviewing development applications and this
determination should be included within the document. Also, if a plan or document is to be used
as a policy or guideline of a decision-making body it should be adopted by resolution, but if it is
to be used as a regulatory document then it should be adopted via ordinance by Council.
1
Section 1 requires that how the guiding plan or document is to be used be included within the
text of the document. It also requires any resolution or ordinance adopting the document include
language stating how the document will be used and that the adoption of document be preceded
by at lease one public hearing. Section 2 provides the council the ability to adopt any document
by resolution or ordinance while section 3 and 4 provides the Planning Commission and the
Historic Preservation Commission the ability to adopt a plan by resolution.
Section 1
Chapter 26.104— General Provisions
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend extend or add to its comprehensive community plan, or
carry anV part of its subject matter into greater detail through the development of supplemental
plans uidelines or documents Within the text of these plans guidelines, or documents it will
describe how the material shall be used in relation to the AACP land use development, and
—planning.gSpeci acally, there shall be a determination of whether the document will be used as a
uu�g or regulatory document Fused as a uguiding or regulatory document the document shall
be adopted by resolution or ordinance as appropriate and by the appropriate body as provided
in Chapter 26 200 Administration —Decision Making Bodies. Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission If a document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council When a plan guideline or document is to be used in a regulatory
fashion it shall be adopted by ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans guidelines or documents shall be used in relation to the
AACP land use development, and planning.
Before the adoption of a plan or any such part amendment extension or addition by an
adopting body at least one (1) public hearing notice of the time and place of which shall be
riven by one (1) publication in a newspaper of general circulation in the city.
Section 2•
Chapter 26.208—City Council
Section 26.208.010, Powers and duties.
T T adopt ti, + d + + d hiss r-ie landmark development guideline• and to
the 14ister-ie Preservation Commission evaluation of the inven4or-y of hist
stfuetures pufsuant to Chapter-26.44-5-,-
2
I To adopt by resolution or ordinance any plans guidelines or documents that will be used
in a guidance or regulatory capacity by the city. How the material shall be used in relation to
the AACP land use development, and planning shall be described in the content of the
resolution or ordinance Specifically, there shall be a determination of whether the document
will be used as a guiding or regulatory document When used as a guiding document of the
city_it shall be adopted by resolution and when used as a regulatory document it shall be
adopted by ordinance Any plans,guidelines or documents that are adopted by resolution or
ordinance shall not be adopted until notice is provided as outlined in Section 26104.030,
Comprehensive Communit; Plan and Other Plans Guidelines or Documents.
Section 3•
Chapter 26.212—Planning and Zoning Commission
Section 26.212.010, Powers and duties.
R To adopt by resolution any plans guidelines or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution.
Specifically, there shall be a determination of whether the document will be used as a
guiding iding or regulatory document I(a document is to be used as a guiding document the
Commission shall adopt it by resolution When a plan guideline or document is to serve as a
regulatory document as determined by the Commission the resolution shall include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is
provided as outlined in Section 26104 030 Comprehensive Community Plan and Other Plans,
Guidelines, or Documents.
Section 4•
Chapter 26.220,Historic Preservation Commission (HPC)
Section 26.220.010,Powers and duties.
L To adopt by resolution any plans guidelines or documents that will be used in a
guiding or regulatory capacity the he city. How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution Specifically, there shall be a determination of whether the document
shall be used as a gu, iding or regulatory document If a document is to be used as a guiding
document the Commission shall admit it by resolution When a plan guideline, or document is
to serve as a regulatory document as determined by the Commission the resolution will include
a recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is
_provided as outlined in Section 26 104 030 Comprehensive Community Plan and Other Plans,
Guidelines, or Documents.
Section 5 is an amendment to the Growth Management Quota System (GMQS) that relates to
Incentive Lodge Development. Staff wanted to clarify the language so that it is explicit that when
3
an Incentive Lodge Development application is comprised of an assemblage of parcels (either
contiguous or non-contiguous), any parcels that are not located within the Lodge zone district
shall be subject to the underlying dimensional requirements that the parcel is located within.
Section 5•
Chapter 26.470—Growth Management Quota System (GMQS)
Section 26.470.040, Types of Development and Associated Process
SubSection 26.470.040. C.3.d), Incentive Lodge Development
d) Asseei-ated Free-market residential development associated with an Incentive Lodge
Development as permitted pufsuant to the zone in whiEh the !edge is
develeped
gene disWet-,—shall be allocated on a unit basis and attributed to the annual
development allotment. Each unit shall require the provision of affordable housing
mitigation by one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
O free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
1)The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.1 —Employee Generation.
21 When an assemblage of parcels or lots, that are either contiguous or non-
O contiguous, is considered one development application, the parcels or lots
shall meet the following standards: If an assemblage of parcels or lots is
4
located entirely within the Lodge zone district, all parcels or lots shall be
eli ig ble for FAR and height incentives as outlined in the Lod—ae zone district
standards. When one development application includes parcels or lots outside
of the Lodge zone district, said parcels or lots shall meet the underlying
standards of the zone district within which they are located
Recently, Staff has seen a number of properties that are accessed by a private road and the
property line exceeds the centerline of the private road. To try and accommodate measuring
setbacks for these properties, staff is proposing that in most cases the minimum setback be
measured from the boundary of the right-of-way.
Section 6•
Chapter 26.575—Miscellaneous Supplemental Regulations
Section 26.575.040,Yards.
B Reqttir-ed Yards A dj aee t to Private Reads; All required yard setL.aeks , der- zone
d t ..t regulations are based distanee meastwed from the right of w 1; of ..
dedieated publie. way. Where there is no p4lie dedieafien and the lot line extends to
the eenter-line of the right of e the required yard sethaek sha4l equal the distanee
specified under-zone dist+ie4 regulations, plus an additional distanee eqtW to one
!1 /71 of the right of w width as if .1, private were dedieated for publie use-.
® B. Required Yards AdZacent to Private Rest Streets and Rights-of--way. AU r rs�
Where there is no public dedication and
the lot line extends into the enterling ft the right-ova t�quired yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a proper!'s's
lot line does not eress a j9poper4, that ; L;u„ aeeess- t said extend
into the right-of-way, the required yard setback shall equal the minimum distance
speci zed under zone district regulations from the property line.
Historic Landmark properties, as an incentive, can take advantage of reduced minimum lot sizes
and minimum lot widths to create new lots in a number of zone districts by going through a
Historic Landmark Lot Split. In a past amendment to the code, the provision requiring the
property to go through the Historic Landmark Lot Split was deleted, but the reduced dimensional
standards were not, allowing a Historic Landmark property to apply for a development
application for subdivision rather than a Historic Landmark Lot Split. The intent of the reduced
requirements is to allow an applicant to have additional development potential while providing
the Historic Preservation Commission the ability to require some rehabilitation to the existing
landmark. Staff is recommending the requirement for a property owner to be able to take
advantage of these reduced dimensional requirements only be allowed through the Historic
OLandmark Lot Split process. Sections 7 through 10 included the Historic Landmark Lot Split
language.
i
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Section 7•
Chapter 26.710, Zone Districts
Section 26.710.040, Medium-Density Residential (R-6).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) zone district:
1. Minimum lot size (square feet): Six thousand (6,0001. For- Histo,.;,. Landmark n,
3,000. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split. Three
thousand(3,000).
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b. Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Six 601. For- 14 tor-- a-admark pr-ope aes.: 344-.For lots
created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirty (30).
Section 8•
Section 26.710.050, Moderate-Density Residential (R-15).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) zone district.
1. Minimum lot size (square feet): Fifteen thousand (15,000). moist,,,.;,. 7 and...,ar-k
Properties: thfee thousand (3,000). For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
2. Minimum lot area per dwelling unit(square feet:
a. Detached residential dwelling: 15,000. For Historic Landmark Properties: 3,000.
b. Duplex: 7,500. For Historic Landmark Properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventh ave (75;. ;�ter_.{-L Landmark For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty (30).
Section 9:
Section 26.710.060, Moderate-Density Residential (R-15A).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) zone district:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For- 14isteri^ r .,,,,a..,a
Pr-o.ei4ies: Offee thousand 3000 . For lots created_ by section 26480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
2. Minimum lot area per dwelling unit(square feet):
6
a. Detached residential dwelling: 15,000. For Historic Landmark Properties: 3,000.
b. Duplex: 7,500. For Historic Landmark Properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). 14iste.-ie Landmark 12r-opefties. thii4., i30
For lots created by section 26.480.030 A.(4)Historic Landmark Lot Split: Thirb� (30).
Section 10:
Section 26.710.090, Residential Multi-Family (R/MF).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district:
1. Minimum lot size (square feetk Six thousand(6,0001. For Histo,-ie Landmark pr-opeft;os.
3_,)00. For lots created by section 26480.030 A(4) Historic Landmark Lot Split: Three
thousand(3,000
2. Minimum lot area per dwelling unit(square feet
a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet):. Six 60). Fof Hister-ie a prefties-. For lots
created by section 26.480.030 A.(4) Historic Landmark Lot S 2 lit.- Thirb�(30).
With the creation of incentive lodge development and the overhaul of the city's existing zone
districts that accommodate lodging, a number of issues have surfaced that warrant clarification.
In encouraging lodge development, the City is allowing an assemblage of parcels be reviewed
and developed as one project. The intent of the regulations is to allow noncontiguous parcels to
be considered an assemblage. If the parcels are also located in the Lodge zone district, they are
eligible for the FAR and height incentives as a whole project. Staff has included language in the
Lodge zone district that clarifies this allowance.
Also included in Section 11 and 12 are substantive changes to the FAR allowance for non-unit
space. Non-unit space includes hallways, private parking, linen closets, etc. that are necessary
components of a lodging facility. Looking at a number of current and potential projects, staff
determined that the ratio was too small to allow for basic life-safety issues to be addressed within
the ratio. After comments from the Commission, Staff is recommending removing the non-unit
space ratio as a use category with an individual FAR cap. FAR for non-unit space would not be
attributed to any individual use FAR cap but maximum FAR for the parcel can not be exceeded.
Section 11:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist—oriented multi-family buildingh occupancy timeshare facilities, and ancillary
uses compatible with lodQ ng an assemblage of parcels or lots, which do no not need to be
7
contiguous may constitute and be considered one development application. If an assemblage of
parcels or lots is located entirely within the Lodge zone district, all parcels and lots shall be eligible
for FAR and height incentives as outlined in the Lodge zone district standards. When an assemblage
of parcels and lots includes property outside of the Lodge zone district, said parcels and lots located
outside of the lodge zone district shall meet the underlying requirements of the zone district within
which they are located. The following dimensional requirements shall apply to all permitted and
conditional uses in the Lodge (L) Zone District:
1. Minimum lot size(square feet): 3,000
2. Minimum lot area per dwelling unit(square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodgin dg evelopment.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet)5.
5. Minimum side yard setback(feet): 5.
6. Minimum rear yard setback (feet): Five 51. Plus, a trash/utility service area shall be
required abutting the alley,pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use prejeets, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot(feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR).
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
8
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (ate
asseeiate,4-nen unit space): 2-2-5:1, which may be increased to 2.5:1 by
Special Review, pursuant to Section 26.430.
2 Uses .1 1 '1't' aneillar-y to a lodging operation (non ;t s e): G•1
-4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6 5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap or the parcel
shall not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (and
unit space): 1:1.
3. Uses a f l fies caneillar-y to a lodging operation (non spxaee): .G.1.
4.3. : 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
9
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Mulfi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of.75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
Section 26.710.200, Commercial Lodge (CL).
SubSection 26.710.200 D.10, Floor Area Ratio (FAR)
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (ate
ass-eeiated non-unit space): 2-25:1, which may be increased to 2.5:1 by
Special Review, pursuant to Section 26.430.
e) Uses and fcceilities aneillar-y to-El-lodging operation (non unit s-ptaee): .5:1.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
Free-Market Multi-Family Housing: .5:1.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the attached resolution,
approving staff recommended changes to Sections: 26.104.030, Comprehensive Community Plan;
10
26.208.010, Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties;
26.575.040, Yards; 26.710.040, Medium Density Residential (R-6); 26.710.050, Moderate-Density
Residential (R-15); 26.710.060 Moderate-Density Residential (R-15A); 26.710.090, Residential
Multi-Family (R/MF); 26.470.040, Types of Development and Associated Process; 26.710.190,
Lodge (L); and 26.710.200, Commercial Lodge (CL) of the Land Use Code, and recommending
that the City Council approve the same by ordinance.
Recommended Motion (All motions are proposed in the affirmative):
"I move to approve Resolution No. , Series of 2005, based upon the code amendment request
meeting the review standards of Section 26.310.040 of the Land Use Code. This resolution
makes staff recommended changes to Sections: 26.104.030, Comprehensive Community Plan;
26.208.010, Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties;
26.575.040, Yards; 26.710.040, Medium Density Residential (R-6); 26.710.050, Moderate-Density
Residential (R-15); 26.710.060 Moderate-Density Residential (R-15A); 26.710.090, Residential
Multi-Family (R/MF); 26.470.040, Types of Development and Associated Process; 26.710.190,
Lodge (L); and 26.710.200, Commercial Lodge (CL) of the Land Use Code, and recommending
that the City Council approve the same by ordinance."
Attachment:
EXHIBIT A—Review Criteria and Staff Findings
11
RESOLUTION N0.
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE, AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public hearing on November 1, 2005 and continued on
November 22, 2005, as required by Section 26.310.020, Procedure for amendment, the Planning
and Zoning Commission approved Resolution No. _, Series of 2005, by a (---) vote,
approving the recommended changes to the above referenced sections of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
Page 1 of 10 12
Section 1
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is repealed in its entirety and
replaced by striking and adding, denoted by stake and add, language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend extend or add to its comprehensive community plan, or
carry any part of its subject matter into greater detail through the development of supplemental
plans guidelines or documents. Within the text of these plans, guidelines, or documents it will
describe how the material shall be used in relation to the AACP, land use development, and
planning_Specifcally there shall be a determination of whether the document will be used as a
guiding or re gulatory document. If used as a guiding or regulatory document the document shall
be adopted by resolution or ordinance as appropriate and b the he appropriate body, as provided
in Chapter 26.200, Administration — Decision Making Bodies. Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission 11'a document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council. When a plan guideline or document is to be used in a regulatory
fashion it shall be adopted by ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans guidelines or documents shall be used in relation to the
AACP land use development, and planning.
Before the adoption ol' a plan or any such part amendment extension or addition by an
adopting body at least one (1) public hearing notice of the time and place of which shall he
ig ,en by one (1)publication in a newspaper of general circulation in the city.
Section 2•
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by stake and add, language to the Land Use Code
as follows:
the Hister-ic Pr-eser-va4ien Commission evaltiation of the inventory 4 historic
strttetut:es pursuant to Ghaptef 26.44-S--,
Page 2 of 10 13
I To adopt by resolution or ordinance any plans guidelines or documents that will be used in a
guidance or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution or
ordinance Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. When used as a ug iding document of the city it shall be adopted
by resolution and when used as a re ug latory document it shall be adopted by ordinance. Any
plans guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26104.030 Comprehensive Community Plan and
Other Plans, Guidelines, or Documents.
Section 3•
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by strike and add, language to the Land Use Code as follows:
R To adopt by resolution any plans guidelines or documents that will be used in a guidin
or regulatory capacity by the city. How the material shall be used in relation to the AACP, land
use development, and planning shall be described in the content of the resolution. Specifically,
there shall be a determination of whether the document will be used as a guiding or regulatory
document If a document is to be used as a ug iding document the Commission shall adopt it by
resolution When a plan guideline or document is to serve as a re ugulatory document as determined
by the Commi.ysion_ the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance. Any plans guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans Guidelines, or Documents.
Section 4•
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by stFike and add, language to the Land Use Code as follows:
L To adopt by resolution any plans guidelines or documents that will be used in a
guiding o regulatory egulatory capacity by the city. How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution Specifically there shall be a determination of whether the document
shall be used as a ug iding or regulatory document. If a document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan, guideline, or document is to
serve as a regulatory document as determined by the Commission, the resolution will include a
recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
as outlined in Section 26104.030 Comprehensive Community Plan and Other Plans, Guidelines,
or Documents.
Page 3 of 10 14
Section 5•
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety
and replaced by striking and adding, denoted by strike and add, language to the Land Use Code
as follows:
d) Arssoeiated Free-market residential development associated with an Incentive Lodge
Developments--� tt ' ~+ z�ze � ticTw � r�edg
developed shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee_for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
1) The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A.I —Employee Generation.
When an assemblagof parcels or lots, that are either contiguous or non-
contiguous is considered one development application, the parcels or lots
shall meet the following standards: If an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels or lots shall be
eli ig ble for FAR and height incentives as outlined in the Lodge zone district
Page 4 of 10 15
standards When one development application includes parcels or lots outside of
the Lodge zone district said parcels or lots shall meet the underlying standards
of the zone district within which they are located.
Section 6•
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by strike and add, language to the Land Use
Code as follows:
B. Required Yar_& A-Ilaeellt to Private Roads. rectuired yafd setbaeks under- zone
distr-iet r-egulations are based on distance measured from the r-igI4 of way line of-a
dedieated publie way. Where there is no ptiblie dedieation and the lot line extends to
the eenler-line of the right of way, the required yafd setbaek shall eEttlal the distaH6e
specified tinder- zone distr-iet fegulations, pitts an additional distaflee eEttfal to one hal
(1,12) of the figI4 of way widih as if such pr-iva4e way were dedieated f0f publie use.
B Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback
shall dual the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a property's
lot line does not extend into the right-of-way, the required yard setback shall equal
the minimum distance specified under zone district regulations from the property
line.
Section 7•
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.1., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and acid, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0001.
3,980. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
And,
3. Minimum lot width (feet): Sixt 60�. �e��= fep��= For lots
created by section 26 480.030 A (4) Historic Landmark Lot Split: Thirty(30).
Section 8:
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
Page 5 of 10 16
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.1., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by str-iW and acid, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For- Histefie r andtnaf°
n peft es: three ,h,,,,s,,n ,VVV nnm
(2 . For lots created by section 26.480.030 A.(4) Historic
J
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): SeventZ-five (751. 14 r , iEIm fk Pr-opefties: :n. For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty (30).
Section 9•
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by mike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). None r andffi r'�
n t : thfee thousand (3 000) For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). 14istofie r a.r,af4 Pfepefties. thin-ty (30).
For lots created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty (30).
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by mike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand(6,000 . 14isto, r ,,,,a,, ar-k
3,000. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
And,
2. Minimum lot width (feet): Six 601. For- Nistor-ic Landmark r,-opeFties: For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split.' Thirty(30).
Page 6 of 10 17
Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by mike and add language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction renovation and operation of
lodges tourist —oriented multi family buildings high occupancy timeshare facilities and ancillary
uses compatible with lodging an assemblage ofparcels or lots which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage ol'parcels or lots
is located entirely within the Lodge zone district all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district said parcels and lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which the
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi family residential development in a mixed use or
lodgin dg evelopment.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width(feet): 30.
4. Minimum front yard setback(feet): 5.
5. Minimum side yard setback(feet): 5.
6. Minimum rear yard setback (feet): Five (51. Plus a trash utility service area shall be
required abutting the alley, pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
Page 7 of 10 18
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot(feet): 10.
9. Pedestrian Amenity pace: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR).
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
- - -parcels of 27,000 square feet or less in-size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
2 Uses .1 facilities aneillafy to a lodging opera+ion (non it sp e)• 5.1
-4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review,pursuant to Section 26.430.
6. 5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note.- A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
Page 8 of 10 19
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
3. Uses o f i•t• l J to a!edging 11V1 (non tMit N /
4.3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
- - - - - - - - - - - - - - - -
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review,pursuant to Section 26.430.
Note.- A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the
parcel shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by stfike and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
Page 9 of 10 20
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
e) Uses and faeilities aneillafy to a lodging opefation (H .5!1.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review,pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .5:1.
Note. A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
Section 13:
This Resolution shall not effect/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 recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 22nd day of
November, 2005.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre, Chair
ATTEST:
Jackie Lothian,Deputy City Clerk
Page 10 of 10 21
26.208.010, Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties;
26.575.040, Yards; 26.710.040, Medium Density Residential (R-6); 26.710.050, Moderate-Density
Residential (R-15); 26.710.060 Moderate-Density Residential (R-15A); 26.710.090, Residential
Multi-Family (R/MF); 26.470.040, Types of Development and Associated Process; 26.710.190,
Lodge (L); and 26.710.200, Commercial Lodge (CL) of the Land Use Code, and recommending
that the City Council approve the same by ordinance.
Recommended Motion (All motions are proposed in the affirmative):
"I move to approve Resolution No. , Series of 2005, based upon the code amendment
request meeting the review standards of Section 26.310.040 of the Land Use Code. This
resolution makes staff recommended changes to Sections: 26.104.030, Comprehensive
Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers and Duties; 26.220.010,
Powers and Duties; 26.575.040, Yards; 26.710.040, Medium Density Residential (R-6);
26.710.050, Moderate-Density Residential (R-15); 26.710.060 Moderate-Density Residential (R-
15A); 26.710.090, Residential Multi-Family (R/MF); 26.470.040, Types of Development and
Associated Process; 26.710.190, Lodge (L); and 26.710.200, Commercial Lodge (CL) of the
Land Use Code, and recommending that the City Council approve the same by ordinance."
Attachment:
EXHIBIT A—Review Criteria and Staff Findings
21
Exhibit A
TEXT AMENDMENT REVIEW CRITERIA& STAFF FINDINGS
Section 26.310.040 of the City Land Use Code provides that applications for text amendments to
the Land Use Code must comply with the following standards and requirements.
26.310.040 Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the official zone district
map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Finding
The intent of the proposed amendments is to repeal any conflicts and provide additional
clarification within sections of the Land Use Code. Stafffinds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff Finding
The code amendments generally implement the AACP. Some of the amendments such as
requiring projects to use the Historic Landmark Lot Split will implement the goal of historic
preservation. Staff finds this criterion to he met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The text amendments are not site specific. This review standard is not applicable.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The text amendments will not directly impact traffic generation and road safety. Staff finds this
criterion to be met.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
Staff Finding
22
The text amendments will not directly impact public facilities. Staff finds this criterion to be met.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding
The text amendments will not directly impact the natural environment. Staff finds this criterion
to be inet.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding
Some of the code amendments should help preserve community character. Staff finds this
criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding
The text amendments will not directly impact a specific site. This review criteria is not
applicable.
1. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding
The intent of the text amendments are to clarify and be in harmony with the intent of Land
Use Code. Staff finds this criterion to be met.
23
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- I _ _._ _ _ _
I
O
Figure_: Required setback from a Private Road or Right-of-way
24
' • r C
r
MEMORANDUM
TO: Aspen Planning pd Zoning Commission
0
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: Jennifer Phelan, Long Range Planner
RE: Proposed Miscellaneous Code Amendments - Public Hearin
DATE: November 1, 2005
Staff is proposing a number of revisions to the following sections of the Land Use Code:
26.104.030, Comprehensive Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers
and Duties; 26.220.010, Powers and Duties; 26.575.040, Yards; 26.710.040, Medium Density
Residential (R-6); 26.710.050, Moderate-Density Residential (R-15); 26.710.060 Moderate-Density
Residential (R-15A); 26.710.090, Residential Multi-Family(R/MF); 26.710.100, Residential/Multi-
Family (R/MFA); 26.470.040, Types of Development and Associated Process; 26.710.190, Lodge
(L); and 26.710.200, Commercial Lodge (CL).
The purpose of these revisions range from clarifying language in the existing code to reinstating
previously deleted language. It also includes a number of substantive changes. The following
numbered sections correspond to the sections in the attached resolution with an explanation of why
staff is recommending changes. Words that are formatted with a str-iket4ffough e ff„ are proposed to
be deleted,wile words that are both underlined and in italic are proposed to be included.
The intent of sections 1 through 4 is to clarify how plans and documents are to be used, either as
guidelines or in a regulatory capacity, and the process of adopting these plans and documents.
Besides the Aspen Area Community Plan (AACP), documents such as the Employee Housing
Guidelines and Historic Preservation Design Guidelines are used by decision-making bodies
when reviewing development applications. The city has or is in the process of developing
additional documents such as neighborhood plans, the infill report, and the civic master plan.
Staff is recommending that it should be determined whether these documents are to be used as a
guiding or regulatory document when reviewing development applications and this
determination should be included within the document. Also, if a plan or document is to be used
as a policy or guideline of a decision-making body it should be adopted by resolution, but if it is
to be used as a regulatory document then it should be adopted via ordinance by Council.
Section 1 requires that how the guiding plan or document is to be used be included within the
text of the document. It also requires any resolution or ordinance adopting the document include
language stating how the document will be used and that the adoption of document be preceded
by at lease one public hearing. Section 2 provides the council the ability to adopt any document
1
t
by resolution or ordinance while section 3 and 4 provides the Planning Commission and the
Historic Preservation Commission the ability to adopt a plan by resolution.
Section 1
Chapter 26.104—General Provisions
Section 26.104.030, Comprehensive Community Plan and Other Plans. Guidelines or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring cormnunities and jurisdictions.
From time to time the city may amend extend or add to its comprehensive communiti)plan or
carry any part of its subject matter into greater detail thro ugh the development of supplemental
plans, guidelines, or documents. Within the text of these plans guidelines or documents it will
describe how the material shall be used in relation to the AACP, land use development and
planning. acally, there shall be a determination of whether the document will be used as a
guiding or regulatory document. If used as a u�idin or regulatory document the document shall
be adopted by resolution or ordinance, as appropriate and by the appropriate body, as provided
in Chapter 26.200, Administration —Decision Making Bodies. Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission. La document is to be used as a policy of the city it shall be adopted by
resolution of the City Council. When a plan, guideline, or document is to be used in a regulatory
fashion, it shall be adopted by ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans, guidelines, or documents shall be used in relation to the
AACP, land use development, and planning,.
Before the adoption of a plan or any such part, amendment, extension or addition by an
_adopting body, at least one (1) public hearing, notice of the time and place of-which shall be
given by one (1) publication in a newspaper of general circulation in the city.
Section 2•
Chapter 26.208 —City Council
Section 26.208.010, Powers and duties.
1. To adopt hister-ie distfiet and histor-ie iandmafk development guidelines and to r-a4i
the–Histo-ie Neser-yatio Commission evaluation—of of of histafie
snuvtccies par" ,
L To adopt by resolution or ordinance any plans, guidelines, or documents that will be used
in a guidance or regulatory capacity by the city. How the material shall be used in relation to
the AACP, land use development, and planning shall be described in the content of the
2
F
resolution or ordinance Specifically, there shall be a determination of whether the document
will be used as a ug iding or regulatory document. When used as a guiding document of the
city it shall be adopted by resolution and when used as a regulatory document it shall be
adopted by ordinance Any plans guidelines or documents that are adopted by resolution or
ordinance shall not be adopted until notice is provided as outlined in Section 26104.030,
Comprehensive Community Plan and Other Plans Guidelines, or Documents.
Section 3•
Chapter 26.212—Planning and Zoning Commission
Section 26.212.010, Powers and duties.
R To adopt by resolution any plans guidelines or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution.
Specifically there shall be a determination of whether the document will be used as a
guiding or regulatory document. If a document is to be used as a guiding document the
Commission shall adopt it by resolution. When a plan guideline, or document is to serve as a
regulatory document as determined by the Commission, the resolution shall include a
recommendation to the Cih) Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is
provided as outlined in Section 26104.030 Comprehensive Community Plan and Other Plans,
Guidelines, or Documents.
Section 4•
Chapter 26.220, Historic Preservation Commission (HPC)
Section 26.220.010, Powers and duties.
L To adopt by resolution anv plans guidelines or documents that will be used in a
guiding or regulatory capacity by the cib How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution Specifically, there shall be a determination of whether the document
shall be used as aguid_ing or regulatory document. If a document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan guideline, or document is
to serve as a regulatory document as determined by the Commission, the resolution will include
a recommendation to the City Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is
provided as outlined in Section 26104.030 Comprehensive Community Plan and Other Plans,
Guidelines. or Documents.
Section 5 is an amendment to the Growth Management Quota System (GMQS) that relates to
Incentive Lodge Development. Staff wanted to clarify the language so that it is explicit that when
a residential component of an Incentive Lodge Development application which is not located
within a zone district that accommodates lodging, the free market component shall be subject to
the underlying dimensional requirements.
3
Section 5•
Chapter 26.470-Growth Management Quota System (GMQS)
Section 26.470.040, Types of Development and Associated Process
SubSection 26.470.040. C.3.d), Incentive Lodge Development
d) Associated free-market residential development, as-perted pur-stiant to the
distfiet in whieh the !edge is developed as allowed by the permitted or conditional
uses within the zone district in which the lot or parcel is located and meeting
dimensional requirements of said zone district, shall be allocated on a unit basis and
attributed to the annual development allotment. Each unit shall require the provision
of affordable housing mitigation by one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes: The City encourages the affordable housing units required for the free-
market residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or reduction in
the number of employees required for a lodge component of a Incentive Lodge
project may be approved as a credit towards the mitigation requirement for the
free-market component of the project, pursuant to Section 26.470.050.A.1 -
Employee Generation.
Recently, Staff has seen a number of properties that are accessed by a private road and the
property line exceeds the centerline of the private road. To try and accommodate measuring
setbacks for these properties, staff is proposing that the minimum setback be measured from the
boundary of the right-of-way.
4
r
Section 6•
Chapter 26.575—Miscellaneous Supplemental Regulations
Section 26.575.040, Yards.
based on .....,........... ..........,.,....... f.em ..ate.. right of ..»j' .«.., of
dediea4ed publie way. Wher-e there is no publie dedieation and the lot line extends to
the eenter-lifte of the Fight of 7 the required yar-d setbaek shall equal the distaflee
speeified undef zone distfiet fegulations, plus an additional distanee equal to one hal
(1,12) of the right of way width as if sueh pr-ivate wa-y-weFt—, J];nnfQ'j F4 publie use.
B. Required Yards Adjacent to Private Roads. All required yard setbacks under zone
district regulations are based on distance measured from the right-of-way line of a
dedicated public way. Where there is no public dedication and the lot line extends to
the centerline of the right-of wad the required yard setback shall equal the minimum
distance specified under the zone district regulations along the closest boundary of
the right-of-way to the proposed structure. When a right-of way does not cross a
property that is seeking access to said right-of-way, the required yard setback shall
equal the minhnum distance specified under zone district regulations from the
property line.
Historic Landmark properties, as an incentive, can take advantage of reduced minimum lot sizes
and minimum lot widths to create new lots in a number of zone districts by going through a
Historic Landmark Lot Split. In a past amendment to the code, the provision requiring the
property to go through the Historic Landmark Lot Split was deleted, but the reduced dimensional
standards were not, allowing a Historic Landmark property to apply for a development
application for subdivision rather than a Historic Landmark Lot Split. The intent of the reduced
requirements is to allow an applicant to have additional development potential while providing
the Historic Preservation Commission the ability to require some rehabilitation to the existing
landmark. Staff is recommending the requirement for a property owner to be able to take
advantage of these reduced dimensional requirements only be allowed through the Historic
Landmark Lot Split process. Sections 7 through 10 included the Historic Landmark Lot Split
language.
Section 7:
Chapter 26.710, Zone Districts
Section 26.710.040, Medium-Density Residential (R-6).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) zone district:
1. Minimum lot size (square feet): Six thousand (6,0001. F^r 14iste, r .,,,amar-k n,-„ponies.
3,000. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
2. Minimum lot area per dwelling unit (square feet):
5
t
a. Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b. Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet) Six 601. Few-14ister-ie Lalidmafk properties: 3-O:For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split.• Thirty(30).
Section 8:
Section 26.710.050, Moderate-Density Residential (R-15).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) zone district.
1. Minimum lot size (square feet): Fifteen thousand (15,000). F—of 14istefie L• mafk
P,-opei4ies, tht-ee thousand (3 nnm For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
2. Minimum lot area per dwelling unit (square feet:
a. Detached residential dwelling: 15,000. For Historic Landmark Properties: 3,000.
b. Duplex: 7,500. For Historic Landmark Properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (751. 14isterie L—andIm.1ar4c- _V f eF€dies.30. For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split.- Thirty(30).
Section 9•
Section 26.710.060, Moderate-Density Residential (R-15A).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) zone district:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For 14ister-ie Landmafk
, For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000
2. Minimum lot area per dwelling unit (square feet
a. Detached residential dwelling: 15,000. For Historic Landmark Properties: 3,000.
b. Duplex: 7,500. For Historic Landmark Properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). Historic T a n,a,v,afk Drer°rti thin-t y (30)
iv 1.� uilla..l ll 11Vr11i111VJ. 11T11T�1
For lots created by section 26.480.030 A.(4)Historic Landmark Lot Split.• Thirty (30).
Section 10:
Section 26.710.090, Residential Multi-Family (R/MF).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district:
6
1. Minimum lot size (square feet): Six thousand (6,0001. .
3;000. For lots created by section 26.480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Six. Wj. For- 14isteri^ T ..,af,^,.' es: For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty (30).
With the creation of incentive lodge development and the overhaul of the city's existing zone
districts that accommodate lodging, a number of issues have surfaced that warrant clarification.
In encouraging lodge development, the City is allowing an assemblage of parcels be reviewed
and developed as one project. The intent of the regulations is to allow noncontiguous parcels to
be considered an assemblage and be eligible for the FAR and height incentives as a whole
project. Staff has included language in the Lodge zone district that clarifies this allowance.
Also included in Section 11 and 12 are substantive changes to the FAR allowance for non-unit
space. Non-unit space includes hallways, private parking, linen closets, etc. that are necessary
components of a lodging facility. Looking at a number of current and potential projects, staff
determined that the ratio was too small to allow for basic life-safety issues to be addressed within
the ratio. Staff is recommending removing the non-unit space ratio and slightly increasing the
FAR allowance for lodging units.
Section 11:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges tourist —oriented multi-family buildings high occupancy timeshare facilities, and ancillary
uses compatible with lodging an assemblage of parcels or lots, which need not be adjacent, may
constitute and be considered one development application. Lan assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels and lots shall be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district said parcels and lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which they
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential — 3,000 square feet, 14,hen the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodging Q evelopment.
7
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback(feet): 5.
6. Minimum rear yard setback (feet): Five Z51. Plus, a trash/utility service area shall be
required abutting the alley, pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (and
associated non-unit space): 2.25:1, which may be increased to 2.5:1 by
Special Review, pursuant to Section 26.430.
3. Users-card fueties-any o a F3ding opefation (non unit spaee): .5=1-.
—l. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
b.5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
8
r
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square_feet or less in size and 1:1_ for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (and
associated non-unit space): 1:1 which inay be increased to 1.25:1 by
12ecial Review, pursuant to Section 26.430.
3. Uses a-ad f '1't' aneillar-y to a !edging oror
atio ( ii unit J ja6e). .5-4-.4.3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 2,6.430.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
9
Section 12:
Section 26.710.200, Commercial Lodge (CL).
SubSection 26.710.200 D.10, Floor Area Ratio (FAR)
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (and
associated non-unit space): 2.25:1, which may be increased to 2.5:1 by
Special Review, pursuant to Section 26.430.
c) Uses and facilities ancillary to a lodging operation (non-unit space): .5:1.
d) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
e) Free-Market Multi-Family Housing: .5:1.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the attached resolution,
approving staff recommended changes to Sections: 26.104.030, Comprehensive Community Plan;
26.208.010, Powers and Duties; 26.212.010, Powers and Duties; 26.220.010, Powers and Duties;
26.575.040, Yards; 26.710.040, Medium Density Residential (R-6); 26.710.050, Moderate-Density
Residential (R-15); 26.710.060 Moderate-Density Residential (R-15A); 26.710.090, Residential
Multi-Family (R/MF); 26.470.040, Types of Development and Associated Process; 26.710.190,
Lodge (L); and 26.710.200, Commercial Lodge (CL) of the Land Use Code, and recommending
that the City Council approve the same by ordinance.
Recommended Motion (All motions are proposed in the affirmative):
"I move to approve Resolution No. 34, Series of 2005, based upon the code amendment
request meeting the review standards of Section 26.310.040 of the Land Use Code. This
resolution makes staff recommended changes to Sections: 26.104.030, Comprehensive
Community Plan; 26.208.010, Powers and Duties; 26.212.010, Powers and Duties; 26.220.010,
Powers and Duties; 26.575.040, Yards; 26.710.040, Medium Density Residential (R-6);
26.710.050, Moderate-Density Residential (R-15); 26.710.060 Moderate-Density Residential (R-
15A); 26.710.090, Residential Multi-Family (R/MF); 26.470.040, Types of Development and
Associated Process; 26.710.190, Lodge (L); and 26.710.200, Commercial Lodge (CL) of the
Land Use Code, and recommending that the City Council approve the same by ordinance."
Attachment:
EXHIBIT A—Review Criteria and Staff Findings
a
10
RESOLUTION N0.
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/MF); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE, AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
R/MF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public hearing on November 1, 2005, as required by Section
26.310.020, Procedure for amendment, the Plaiming and Zoning Commission approved Resolution
No.3 Series of 2005, by a (_-_) vote, approving the recommended changes to the above
referee ced sections of the Land Use Code, and recommending that City Council approve the
proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
Page 1 of 10 11
Section 1
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Commmity Plan, is repealed in its entirety and
replaced by striking and adding, denoted by strike and add language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city may amend, extend, or add to its comprehensive community plan, or
carry any part of its subject matter into greater detail through the development of supplemental
plans, guidelines, or documents. Within the text of these 1p ans, guidelines, or documents it will
describe how the material shall be used in relation to the AACP, land use development, and
1p anning_Specifically, there shall be a determination of whether the document will be used as a
guiding regulatory document. If used as a guiding or regulatory document the document shall
be adopted by resolution or ordinance, as appropriate and by the appropriate body, as provided
in Chapter 26.200, Administration —Decision Making Bodies. Specifically, if the document is to
be used as a policy of a board or commission the document will be adopted by resolution of that
board or commission. If a document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council. When a plan, guideline, or document is to be used in a regulatory
fashion, it shall be adopted by' ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans, guidelines, or documents shall be used in relation to the
AACP, land use development, and planning
Before the adoption of a plan or any such part, amendment, extension, or addition by an
adopting body, at least one (1) public hearing, notice of the time and place of which shall be
given by one (1) publication in a newspaper of general circulation in the city.
Section 2•
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by stfi-ke and add language to the Land Use Code
as follows:
the Histefie Pr-esefva4ien Commission evaluation of the inventer-y Of hiStOfi-e
stfuettifes pufsttant to Chapter- ,
Page 2 of 10 12
I To adopt by resolution or ordinance any plans guidelines, or documents that will be used in a
guidance or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development and planning shall be described in the content of the resolution or
ordinance Specifically there shall be a determination of whether the document will be used as a
guiding or regulatory document. When used as a guidiL7g document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance. An
plans guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26104.030, Comprehensive Community Plan and
Other Plans Guidelines, or Documents.
Section 3•
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by stfi-ke and add, language to the Land Use Code as follows:
R To adopt by resolution any plans, guidelines or documents that will be used in a guiding
or regulatoa capacity by the city. How the material shall be used in relation to the AACP, land
use development and planning shall be described in the content of the resolution. Specifically,
there shall be a determination of whether the document will be used as a guiding or regulatory
document La document is to be used as a ug iding document the Commission shall adopt it by
resolution When a plan guideline or document is to serve as a regulatory document as determined
by the Commission the resolution shall include a recommendation to the City Council for adoption
of the document by ordinance Any plans guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26104.030, Comprehensive
Community Plan and Other Plans Guidelines, or Documents.
Section 4•
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by stfike. and add, language to the Land Use Code as follows:
L To adopt by resolution any plans guidelines or documents that will be used in a
guiding or regulatory capacity by the city. How the material shall be used in relation to the
AACP land use development planning and historic preservation shall be described in the
content of the resolution Specifically there shall be a determination of N)hether the document
shall be used as a ug_ iding or re ug latory document. If a document is to be used as a guiding
document the Commission shall adopt it by resolution. When a plan, guideline, or document is to
serve as a regulatory document as determined by the Commission, the resolution will include a
recommendation to the Cites Council for adoption of the document by ordinance. Any plans,
guidelines or documents that are adopted by resolution shall not be adopted until notice is provided
as outlined in Section 26.104.030 Comprehensive Community Plan and Other Plans, Guidelines,
or Documents.
Page 3 of 10 13
Section 5•
The changes in Section 5 provide clarification on Chapter 26.470 — Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety
and replaced by striking and adding, denoted by stfike and add, language to the Land Use Code
as follows:
d) Associated free-market residential development, d nt to the zone
distf et • „i-,ie the lodge is developed as allowed by the permitted or conditional
ua.�a xv c�'�'
uses within the zone district in which the lot or parcel is located and meeting
dimensional requirements of said zone district, shall be allocated on a unit basis and
attributed to the annual development allotment. Each unit shall require the provision
of affordable housing mitigation by one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee_ for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes: The City encourages the affordable housing units required for the free-
market residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or reduction in
the number of employees required for a lodge component of a Incentive Lodge
project may be approved as a credit towards the mitigation requirement for the
free-market component of the project, pursuant to Section 26.470.050.A.1 —
Employee Generation.
Section 6:
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by strike and add, language to the Land Use
Code as follows:
Page 4 of 10 14
dedieated publie way. Whefe there is no publie dedieatien and the lot line extends to
the eenter-line of the fight of way, the f equir-ed yafd setbaek shall equal the distanee
B Required Yards Adjacent to Private Roads. All required yard setbacks under zone
district regulations are based on distance measured from the right-of-way line of a
dedicated public way_ Where there is no public dedication and the lot line extends to
the centerline of the right-of-way, the required yard setback shall equal the minimum
distance specified under the zone district regulations along the closest boundary of
the right-of-way to the proposed structure. When a right-of way does not cross a
property that is seeking access to said right-of-way, the required yard setback shall
equal the minimum distance specified under zone district regulations from the
property line.
Section 7•
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.1., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by sail€and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,000,1. For Histor-ie r ,,,,amai--k Pr-o.e ffies:
3,000. For lots created by section 26480.030 AN) Historic Landmark Lot Split: Three
thousand(3,000).
And,
3. Minimum lot width (feet): Sixt 601. .For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty (30).
Section 8•
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.1., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For- istori^ Tan m^r'
Properties: tree thousand (3 000) For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split.- Three thousand(3,000).
Page 5 of 10 15
f
And,
3. Minimum lot width (feet): Seventy-five (75). ar-ie ba-ndmafk PfepeAies-: 30. For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: ThigE (30).
Section 9•
The changes in Section g require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.1., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by strike and ado' language to the Land Use Code as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). 14istefie handmar-1E
Properties. there +1,.,,,sand (3 nnm For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split: Three thousand(3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). 14istofie-band l Pfepefties:-thifty (30).
For lots created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty(30).
Section 10: ,
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.1.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by strike and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,000 .
33,000. For lots created by section 26480.030 A.(4) Historic Landmark Lot Split: Three
thousand(3,000).
And,
2. Minimum lot width (feet Six 601. lier- Hister-ie-andmarl pFepeAte0 For lots
created by section 26.480.030 A.(4) Historic Landmark Lot Split: Thirty (30).
Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
Page 6of10 16
1
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by she and add language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges tourist —oriented multi-family buildings, high occupancy timeshare facilities, and ancillary
uses compatible with lodging an assemblage of parcels or lots, which need not be adjacent, may
constitute and be considered one development application. If an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels and lots shall be eli ifor FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district said parcels and lots located outside of
the lodge zone district shall meet the underlying requirements of the zone district within which then
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit square feet):
a. Multi-Family residential — 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi family residential development in a mixed use or
lodgin dg evelopment.
b. Lodge, Timeshare Lodge, and Exempt Timesharing—no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side Yard setback (feet): 5.
6. Minimum rear yard setback (feet): Five 5j. Plus, a trash utility service area shall be
required abutting the alley, pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot(feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
Page 7 of 10 17
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (and
associated non-unit space): 2.25:1, which may be increased to 2.5:1 by
Special Review, pursuant to Section 26.430.
3. Uses and f4eilities ane hazy to-alodging op2fa4i^vir ce).-5z.
-4. 3. Commercial Parking Facility: 1:1.
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6- 5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (and
associated non-unit space): 1:1, which may be increased to 1.25:1 by
Special Review, pursuant to Section 26.430.
3. Uses and faeilities anei to lodging-oper-ation (non unit spaee): .5=1-
43. Commercial Parking Facility: 1:1.
Page 8 of 10 18
-5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by strike and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of 3:1.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (and
associated non-unit space): 2.25:1, which may be increased to 2.5:1 by
Special Review, pursuant to Section 26.430.
c) Uses and facilities ancillary to a lodging operation (non-unit space): .5:1.
d) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
e) Free-Market Multi-Family Housing: .5:1.
Page 9 of 10 19
Section 13:
This Resolution shall not effect/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 recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1St day of
November,2005.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Page 10 of 10 20
Exhibit A
TEXT AMENDMENT REVIEW CRITERIA& STAFF FINDINGS
Section 26.310.040 of the City Land Use Code provides that applications for text amendments to
the Land Use Code must comply with the following standards and requirements.
26.310.040 Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the official zone district
map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Finding
The intent of the proposed amendments is to repeal any conflicts and provide additional
clarification within sections of the Land Use Code. Stafffinds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff FindinIZ
The code amendments generally implement the AACP. Some of the amendments such as
requiring projects to use the Historic Landmark Lot Split will implement the goal of historic
preservation. Stafffinds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The text amendments are not site specific. This review standard is not applicable.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The text amendments will not directly impact traffic generation and road safety. Stafffinds this
criterion to be met.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
Staff Finding
21
The text amendments will not directly impact public facilities. Staff finds this criterion to be met.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding
The text amendments will not directly impact the natural environment. Staff finds this criterion
to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding
Some of the code amendments should help preserve community character. Staff finds this
criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding
The text amendments will not directly impact a specific site. This review criteria is not
applicable.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding
The intent of the text amendments are to clarify and be in harmony with the intent of Land
Use Code. Staff finds this criterion to be met.
22
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: V` ow; %�' FY/ A As ` 4;s-
pe�,
SCHEDULED PUBLIC HEARING DATE: �' '200
STATE OF COLORADO )
SS.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, ,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
, 200_,to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage.
prepaid U.S. mail to any federal agency, state, county, municipal goveniment,
school, service district or other governmental or quasi-governmental agE:-icy that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty(60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
9
'l
nature
The forego g "Affidavit of Notice" was owledged b fore m t is �ay
of , 200�, by-�
WITNESS MY HAND AND OFFICIAL SEAL
My commission expia PUBLIC NOTICE RE:CITY INITIATED AMENDMENTS TO CERTAIN SECTIONS OF THE LANPrUSE CODE NOTICE IS HERLBY GIVEN that a P hearing will be held on Tuesday,Novemberllc Notary Public
2005,at a meetin to Aspen Planning and ningtCommissi net Sisters City Room,City Hall,130 S.Galena St,Aspen,to consider
titonse of thteaLandhUse coa S 26.104.030, Comprehensive Community Plan;26.208.010,Powers and Duties;26.212.010,Pow-ers and Duties;26.220.010, Powers and Duties;26.575.040, Yards; 26.710.040, Medium Density
Residential (R-6); 26,710.050, Moderate-Density
Residential (R-15); 26.710.060 Moderate-Density ATTACHMENTS:
Residential(R-15A);26.710.090,Residential Multi-
Family(R/MF);26.710.100,Residential/Multi-Fami-
ly (R/MFA); 26.470.040, Types of Development
and Associated Process; 26.710.190, Lodge IL;; COPY OFTHEPUBLICATION
and further Commercial Lodge(CL).
For further information,contact Jennifer Phelan
at the City 13 Aspen Community Development De-
partment, 130 S. Galenp St., Aspen, CO, (970)
429.2759,jenmfep@ci.asjpeo.co.us.
s/S.Jasmine Tygre,Chair
Aspen Planning and Zoning Commission AND GOVERNMENTAL AGENCIES NOTICED
Published in the Asj;pn Times on October 16,
2005.(3148) BY n�AIT