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HomeMy WebLinkAboutcoa.lu.ca.0011.2014.ASLUC� 0011.2014.ASLU 130 S. Galena St Miscellaneous Calculations & Measurements, Chapter 26.575.020 Code Amendment -�(('o'w0 41h, -QV\VeY Pd C Al PATH: G/DRIVE /MASTER FILES/ADMINISTRATIVE/ADMIN/LAND USE CASE DOCUMENTS C7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0011.2014.ASLU 2737 073 31 851 130 SOUTH GALENA STREET SARA ADAMS CODE AMENDMENT ALAN RICHMAN 01.27.2014 DEB PATTISON 03.14.2016 1 • ool 1 .2014- - ASL LA Perms .. u File Edit Record Navigate Form Reports Format Tab Help u ; ;� _, ; _<. 77 I' jump 1 {� j a[Main Custom Fields Routing Status Fee Summary Actions Routing History t Permit type Aspen Land Use Perms 14011.2014.ASLU Address 130 S GALENA ApVS&e HALL city �4SPEll State CO - Zip 81fi11 Io x . Permit Information 1 TT Master permit Routing queue aslu!2^ Applied I Z Project Status pending Apprved 10 Description MISCELLAIIEOUS CALCULATIONS AND MEASUREMENTS, CHAPETER 26,575.020 due CODE AMENDMENT Closed; Final Submitted 1PLANNING DEPT dodt Running pays F9ires 01122r2015 "= Owner Last name ICITY HALL First name �— 801 CASTLE CRK ` Phase (} ASPEN CO 81611 Address Applicant Owner is applicant? 0 Contractor is applicant? Last name CITY HALL First name 801 CASTLE CRK rASPEN CO 81611 Phone (lCust; 112727 1 Ark,, I Lender Last name i First name Phone ''i Address AspenGoldS (server angelas 1 of 1 ,5z*-ov A . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PRO STATE OF COLORADO ) ss. County of Pitkin ) L o c_ Aspen. CO 1 0 _P.f v, 6cc- r e---y (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 on the _ day of , 20_, 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. public h eiring, notice was hand delivered or mailed by first class postage prepaid U.S. niail to all owners of 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this /0 day Of 4,0ri / , 20L* by Alt o,P.la WITNESS MY HAND AND OFFICIAL SEAL My commission expires: fad �� Notary Public -- KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 ATTACHMENTS AS APPLICABLE: My C..or*tmission Expires February 15, zoos • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 28, 2014, at a meet- ing to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- na St., Aspen, to determine if an amendment to the text of the Land Use Code should be pursued. The potential amendment would update the Calcula- tions and Measurement section of Miscellaneous_ Supplemental Regulations. For further information, contact Sara Adams at the City of Aspen Commu- nity Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams®cityo- faspen.com s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on April 10, 2014. [100915221 0 0 Measures Summory (ordinance 7. series of 2014): Chan -yes tak on Crawl Spaces - Any crawl space that is less than 5'6" in height that it is accessed by an interior hatch or exterior access panel, and that is the minimum size reasonably necessary for the mechanical equipment is exempt from floor area calculations. Space over 5'6" in height counts in accordance with the measurement for basement space (a percentage of the exposed wall counts). There are some other clean ups — drop ceilings do not count in height measurement for crawl, stacked crawl spaces are not allowed to meet exemption. 15% Calculation - Omit the 15% calculation for mixed use, lodge and commercial buildings in specific zone districts. No restriction on decks, balconies and exterior stairways, etc. Decks are still required to meet specific setbacks for rooftop amenities (see the height exemption amendment below). Green roofs/plant boxes — requires a minimum height difference of 30" above or below deck surface, measured from the deck surface to the bottom of the planter box or green roof surface, and that are permanently built into the structure of the roof or deck are not included in the deck calculation. This only applies to buildings that are still subject to the 15% calculation. Eave Overhangs/ Patios - Allow eave overhangs up to 4' to be exempt from floor area calculations. Larger eaves provide better solar protection which can reduce heating/cooling costs. Landscape terrace is deleted from the Code. It is now just a patio (updated definition below). Exceptions to Height — lightwells - Lightwells that are 100 square feet or less on non -street facing facades are exempt from height measurements. Specific to the issue discussed during the 201 E. Hyman discussion, HPC is authorized to grant a height exemption for landmark projects that propose a lightwell greater than 100 square feet upon a finding that specific criteria are met. Exceptions to Height — rooftop amenities — For mixed use, lodge, or commercial buildings, permanent rooftop amenities (i.e built-in bbq, hot tubs, wet bars, etc.) may 'extend 5 ft. above the height of the building at the point where the equipment is attached with the condition that all amenities are located a minimum of 10 ft. from any street facing fagade. Trellis are allowed up to 10 ft. (see new definition of trellis) if they are a size that is equal to or less than 5% of the useable deck area. Exceptions to Height — skylights — exempt from height if skylight is typical of industry standards and meets minimum building code standards. Fence - Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. Driveways — driveways are not permitted to be gated CJ Non -unit space — no change to policy, just clarifications, more examples and different formatting. Net leasable/ Net livable — no change to policy, just better organization. Net leasable definition (below) now specifies that areas of a lodge that are open to the general public (i.e. a bar/restaurant that serves non -guests) counts toward net leasable. New/updated Definitions — Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Areas within a commercial or mixed use building which are permitted to be leased to a tenant and occupied for commercial or office purposes. This also includes commercial areas within a lodge that are open to the general public. (Also see Section 26.575.020 — Calculations and Measurements.) Non -unit space. The floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel or mixed use building that is commonly shared. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (A "covered patio' not connected to any other building is considered a Gazebo.) Commercial use. Land, structure, or portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented businesses, not including lodge units or hotel units. Nonconforming uses - Extensions/expansions. Added net leasable and net livable area of a dwelling unit to prohibitions: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit, or the area within a structure in which such nonconforming use is located; or ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 — DEFINITIONS, AND CHAPTER 26.314 — NONCONFORMITIES OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations, 26.104.100 — Definitions, 26. 314 - Nonconformities; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section l: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor framing which is Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page I of 15 0 • accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that meet the following are exempt from Floor Area calculations: 1. 5 feet 6 inches or less in height measured between the hard floor structure and floor framing; and 2. Accessible only through an interior floor hatch, exterior access panel, or similar feature; and 3. Are the minimum height and size reasonably necessary for the mechanical equipment. Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than 5 feet 6 inches in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas. Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. If any portion of the attic or crawl space of a structure is to be counted, then the entire room shall be included in the calculation of Floor Area. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space that is 6 feet in height that is accessible only through an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior hatch and is a reasonable size to accommodate the mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall read as follows: 4. _Decks Balconies LoggiasGazebos, Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 2 of 15 of the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area for the purpose of this calculation refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of the following features count toward deck calculation: railing, permanently fixed seating, permanently fixed grills, and similar permanently fixed features. Permanent planter boxes and green roofs that are a minimum of 30" in height above or below the deck surface, measured from the deck surface to the bottom of the planter box or green roof surface, and that are permanently built into the structure of the roof or deck are not included in the deck calculation. Permanent planter boxes and green roofs that do not meet the minimum requirement count toward deck calculation. Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (Sec provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath porches, gazebos, and decks or balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6. Patios. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 3 of 15 U The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. t Window Well Exposed --I Percentage of exterior wall that's exposed equals the amount of subgrade area that will count Area below more restrictive grade ..�I towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 4 of 15 0 U f I I �1l ' Flo it Strumut ` I Am, of wall to be usedfot tub�ad< I calculation I Foundation and Floor Structure Foundation Footar---:f__ Figure 5: Measuring the Area of a Subgrade Wall When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall Ii I� A e I ' Stairs - I Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building levels area shall include the area within the gable of the roof. Code Amendment -- Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 5 of 15 • CJ Area counts towards wall calculation t - -------------_ Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit space, shall be divided proportionately amongst the individual use categories in a Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 6 of 15 • building. These numbers shall then be calculated as a percent of the gross floor area number. Garages, including subgrade garages, and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use. Gross floor area calculation: For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exempt garage) 9,000 sq. ft. gross floor area Percentage of use category per building, floor area: Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor.area (9,000 — 1,000). Using the allocation of non -unit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 100] Free-market residential floor area = 50% [(4,000/8,000) * 1001 Affordable housing floor area = 25% [(2,000/8,000) * 100] Application of use percentages to non -unit floor area: A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 7 of 15 Cl • Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt basement) + 250 sq. ft. = 1,750 sq. ft. Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Examples: 1. Circulation features, for example hallways, that are shared (used by multiple uses) are considered non -unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 8 of 15 • • Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 9 of 15 a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 10 of 15 • residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. j) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.5.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j) Exceptions for light wells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building fagadc(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 1 1 of 15 k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.I and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 2. Unless specifically exempted through other provisions of this "Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 12 of 15 The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that arc generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 2. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 3. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 4. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 5. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 6. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 7. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is the minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fence Materials Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410), Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and Measurements — setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see landscaping). Fences visible from the Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 13 of 15 • 0 public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. Section 11: Chapter 26.575.060 Reserved, shall be changed to Driveways, and shall read as follows: 26.575.060 Driveways Driveways are not permitted to be gated. Section 12: Chapter 26.104.100 — Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor_ area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio', "non -unit space", and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Areas within a commercial or mixed use building which are permitted to be leased to a tenant and occupied for commercial or office purposes. This also includes commercial areas within a lodge that are open to the general public. (Also see Section 26.575.020 — Calculations and Measurements.) Non -unit space. The floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel or mixed use building that is commonly shared. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (A "covered patio' not connected to any other building is considered a Gazebo.) Commercial use. Land, structure, or portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented businesses, not including lodge units or hotel units. Section 13: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit, or the area within a structure in which such nonconforming use is located; or Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 14 of 15 2. Occupancy of additional lands; or, 3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 14: Effect Upon Existing Litigation. 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 15: Severability. 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. Section 16: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 17: A public hearing on this ordinance was held on the 28`h day of April, 2014 at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 10`h day of March, 2014. Atte athryn S. ch, City Clerk Steven` kadro , Mayor FINALLY, adopted, passed and approved this 28`h day of April, 2014. Attes athryn S. K ,4CityClerk Approved as to form: �ty Attorney 1 i - Steven Skadr n, Mayor Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 15 of 15 0 0 MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planneroo� THRU: Chris Bendon, Community Development Director RE: Calculations and Measurements Code Amendment Ordinance 7, Series of 2014, Second Reading MEETING DATE: April 28, 2014 SUMMARY: The attached Ordinance includes a proposed language to amend the calculations and measurements section of the Land Use Code. The objective of the code amendment is to update and clarify the process to measure floor area, allowances in setbacks, and the process to measure height. This update intends to provide predictability in zoning review by adding examples and, in some cases, more specific language. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on Second Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 1 Sc reading of proposed code amendments to the Calculations and Measurements regulations of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. QUESTIONS/CHANGES FROM FIRST READING: 1) Does the height exemption only apply to interior lightwells? Staff Response: The proposed height exemption for lightwells applies only to historic landmark properties and requires that HPC make a finding that the lightwell is not easily visible from the street and that the exemption supports the preservation of the historic resource. 4.28.2014 — Second Reading Calculations and Measurements Code Amendment Page 1 of 6 2) Does the proposed language address temporary rooftop installations with height and setback limitations? Staff Response: No — the proposed language only addresses permanent built-in rooftop amenities. Regulating the height and setbacks of temporary moveable rooftop features is close to impossible. There is no building permit required for temporary rooftop amenities which means Community Development would be charged with catching people with their umbrellas too close to the edge of the building and similar situations. OTHER CHANGES: Staff has made a few minor changes to the language presented at first reading. Planter boxes and green roofs are included in the 15% deck calculation with the exception that planters and green roofs that are a minimum of 30" in height and are permanently part of the roof structure are exempt (see Section 2 of the ordinance). The reason behind the height requirement is to confirm that the green roof or planter box is not just additional useable deck. The fence section of the Code (see section 10 of the ordinance) is cleaned up to reference the engineering design standards and to remove areas that conflict with engineering requirements. The definition of net leasable area is changed to include areas of a lodge building that are open to the general public (see Section 12 of the ordinance). The lodge incentive program will address whether these areas will require mitigation. A clarification to the definition of commercial use is proposed that specifies lodge unit and hotel units are not commercial spaces. Since first reading, a contractor contacted Staff about the proposed crawl space changes and offered to conduct a site visit to look at crawl space height (see Section 1 of ordinance). The site visit brought to light that 5'6" is a more appropriate height restriction for crawl spaces, as opposed to the 4' height requirement previously proposed. A discussion is below regarding the height change. BACKGROUND & OVERVIEW: The City's Calculations and Measurements section of the Land Use Code is very technical and very specific. It explains what does and does not count toward floor area, how to count internal spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of the Code needs updating to remain relevant to current building practice, to create more predictability in zoning review, and to ensure that the purpose of the requirement is met. City Planning Staff maintain a "redline" version of the Land Use Code, largely for the calculations and measurements section, which highlight areas that need to be updated, clarified or rewritten. These highlights are largely informed by complex projects that expose existing loopholes or confusing language. The "redline" changes and recent Code interpretations are incorporated into the proposed Code amendment. 4.28.2014 — Second Reading Calculations and Measurements Code Amendment Page 2 of 6 • 0 There are very few policy changes proposed. Most of the changes are clarifications and slight adjustments. The proposed changes to current zoning policy include: calculation of crawl space, height measurements for rooftop amenities, height measurements for lightwells (resulting from Council direction regarding the 201 E. Hyman project), and decks calculations for non- residential building types. A summary of the proposed changes is below. A red -line version of the proposed language is attached as Exhibit B. Crawl spaces: The current Code counts crawl spaces as floor area if there is exposed wall (using the basement calculation), the space is easily accessible and the space can be made habitable. Crawl spaces are usually subgrade or partially subgrade areas that are unfinished (i.e. not heated, concrete slab on grade floor, etc.). Typically mechanical equipment is found in these areas. The philosophy behind counting these spaces is that if the space is easily accessible it will become useable space that should count toward floor area. Developers were labelling subgrade rooms as crawl space to be exempt from floor area with the intention of finishing the space into a habitable room after a Certificate of Occupancy was granted. There is currently no distinction between crawl space and basement space other than how it is accessed and whether it can be made habitable. The proposed Code amendment allows crawl spaces up to 5'6" in height that meet specific criteria to be exempt from floor area calculations. The 5'6" height measurement is used by Pitkin County and has been successful - it allows enough room for mechanical systems to meet Building Code requirements and it is short enough to prevent conversion to habitable area. Proposed Amendment: Any crawl space that is less than 5'6" in height that it is accessed by an interior hatch or exterior access panel, and that is the minimum size reasonably necessary for the mechanical equipment is exempt from floor area calculations. Space over 5'6" in height counts in accordance with the measurement for basement space (a percentage of the exposed wall counts). Pros: There is a prescriptive and objective measurement for when a crawl space counts toward floor area that provides predictability for the applicant and a faster zoning review. Using 5'6" as a threshold height, which is also used by the County, tracks with Building Code allowances and access requirements for mechanical equipment. Cons: Allowing 5'6" height threshold may provide space for storage, which technically should be considered as Floor Area. 15% Floor Area Exemption: The current Code exempts decks, balconies, exterior stairways, and similar features from floor area calculations up to 15% of the allowable floor area on the parcel for the use and density. This means that a mixed use building has a separate 15% calculation for each use: for example, a building with 1,000 square feet of residential and 2,000 square feet of commercial means that 150 square feet of residential deck is exempt and 300 square feet of commercial deck is exempt. The challenge is when it is a "shared" deck between free market residential, affordable housing and commercial uses, which in Staff's experience translates to a deck used exclusively by the free market residential units. 4.28.2014 — Second Reading Calculations and Measurements Code Amendment Page 3 of 6 0 Staff is supportive of rooftop decks and finds that they beautify the view of Aspen from the gondola and surrounding vantage points. Setbacks from the building edge for rooftop amenties (discussed in a different section) can alleviate perceptions of additional mass and scale on roofs as experienced by the pedestrian. Proposed Amendment: Omit the 15% calculation for mixed use, lodge and commercial buildings in specific zone districts. No restriction on decks, balconies and exterior stairways, etc. Decks are still required to meet specific setbacks for rooftop amenities (see the height exemption amendment below). Pros: A more organized and attractive view of town from the gondola or Smuggler Mountain. Simplified calculation and permit review process for commercial, mixed use, and lodge buildings. Cons: Possibly more stuff on rooftops that could contribute to the perception of taller buildings. Eave Overhangs: The current Code exempts space beneath an eave overhang up to 30" from floor area calculations. Eaves in excess of 30" count toward the 15% deck calculation. The philosophy is that large eaves contribute to the mass of a building, typically create a covered deck scenario, and should be counted toward the 15% deck calculation. Proposed Amendment: Allow eave overhangs up to 4' to be exempt from floor area calculations. Larger eaves provide better solar protection which can reduce heating/cooling costs. In addition a 4' eave is barely enough covering for 1 chair — it does not create a covered deck situation that in Staff's opinion should count toward the 15% exemption for residential buildings. Pros: Encourages better solar protection for new buildings. Cons: Provides more exempt space. Calculation of Non -unit space: Areas that are shared by all uses in a mixed use building are generally considered non -unit space. The floor area for these spaces are divided proportionately between the different uses within the building to compute the total floor area associated with an individual, permitted use in a building such as retail and restaurant, lodging or affordable housing. The amount of non -unit space allocated to each use is calculated as a percent of the "gross floor area" of the building minus the non -unit space. The reason for this calculation is because the size of the permitted use is directly related to the impact on the common areas. For example, in a building that is 75% commercial and 25% affordable housing, the commercial use will utilize more of a common mechanical room than the affordable housing use. Proposed Amendment: The proposed language clarifies specific inclusions and exclusions for this calculation and does not change the current policy. Examples are added for clarity. Pros: Provides more specific explanation of calculation and examples. No change to policy. Cons: None. 4.28.2014 — Second Reading Calculations and Measurements Code Amendment Page 4 of 6 0 0 Exceptions to Height - Lightwells: The Code currently exempts lightwells and basement stairwells from height measurement when the feature is the minimum size required by building code. Council considered a request for a height variance for the residential historic landmark at 201 E. Hyman Ave (adjacent to Limelight). During the hearing Council directed Staff to bring forward language that would permit certain lightwell sizes and locations to be exempt from height measurements. The policy direction was based on the idea that lightwells interior to a property do not adversely impact perceptions of building height. Proposed Amendment: Lightwells that are 100 square feet or less on non -street facing facades are exempt from height measurements. Specific to the issue discussed during the 201 E. Hyman discussion, HPC is authorized to grant a height exemption for landmark projects that propose a lightwell greater than 100 square feet upon a finding that specific criteria are met. Pros: Allows more flexibility in site planning and design which may result in better projects and less above grade floor area. Cons: May result in large pits. Exceptions to Height - Rooftop Amenities: The Code is currently silent on built-in rooftop amenities. Staff discussed rooftop amenities with Council during a worksession in 2013. Proposed Amendment: Mixed use, lodge, or commercial buildings, permanent rooftop amenities (i.e built-in bbq, hot tubs, wet bars, etc.) may extend 5 ft. above the height of the building at the point where the equipment is attached with the condition that all amenities are located a minimum of 10 ft. from any street facing fagade. Pros: Allowing these amenities promotes well -designed rooftop spaces, and requiring a setback from street facades mitigates visual impacts to pedestrians. Cons: May result in more stuff on downtown roofs. Measurement of Net Livable Area and Net Leasable Area: The calculation of net livable area and net leasable area includes all interior spaces of a building that are not integral to the physical function of the building. The current Code language exempts certain areas from net livable area and counts the same areas for net leasable area. The proposed amendment treats net livable area and net leasable area the same and minimizes the exemptions. Examples are added for clarity. Proposed Amendment: Net livable area and net leasable area includes all interior space of a building that can be leased to a tenant or is intended to be used for habitation. Spaces integral to a building's physical function, for example a janitor's closet is exempt from this calculation. Pros: Clarifies the existing policy. Treats net livable area and net leasable area the same. Cons: None. 4.28.2014 — Second Reading Calculations and Measurements Code Amendment Page 5 of 6 0 Definitions: Staff proposes to add a definition of gross floor area to explain the changes to the non -unit space calculation. Staff also proposes to add a definition of trellis which is an allowed exemption to height as a rooftop amenity. The definition allows a trellis to have a 50% roof covering to provide shade to rooftop decks. Walls are not permitted. Nonconformities: Staff proposes an addition to the nonconforming uses section of the Land Use Code to clarify that buildings with nonconforming net leasable area or net livable area located within a structure cannot be enlarged. The prohibition of free market residential units in the Commercial Core necessitates this clarification. PUBLIC OUTREACH: Staff sent out a description of the changes and a link to the proposed language in the Community Development newsletter that reaches 586 professionals including contractors, architects, attorneys, and planners. Staff also sent the proposed changes directly to some of the local architecture firms to solicit feedback. Their feedback is incorporated into the proposed amendment where applicable. Due to the technical nature of the proposed amendment, the Planning and Zoning Commission and the Historic Preservation Commission were not specifically asked to comment. Many of the members subscribe to the newsletter. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance to amend the Miscellaneous Calculations and Measurements Section, Definitions Section and Nonconformities Section of the Land Use Code. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 7, Series of 2014 approving amendments to the Land Use Code upon second reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed Code Amendment Language (red line version) 4.28.2014 — Second Reading Calculations and Measurements Code Amendment Page 6 of 6 0 . ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 — DEFINITIONS, AND CHAPTER 26.314 — NONCONFORMITIES OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations, 26.104.100 — Definitions, 26. 314 - Nonconformities; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor framing which is Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 1 of 15 • accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that meet the following are exempt from Floor Area calculations: 1. 5 feet 6 inches or less in height measured between the hard floor structure and floor framing; and 2. Accessible only through an interior floor hatch, exterior access panel, or similar feature; and 3. Are the minimum height and size reasonably necessary for the mechanical equipment. Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than 5 feet 6 inches in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas. Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. If any portion of the attic or crawl space of a structure is to be counted, then the entire room shall be included in the calculation of Floor Area. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space that is 6 feet in height that is accessible only through an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior hatch and is a reasonable size to accommodate the mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall read as follows: 4. Decks Balconies Loggias Gazebos Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 2 of 15 0 . of the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area for the purpose of this calculation refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of the following features count toward deck calculation: railing, permanently fixed seating, permanently fixed grills, and similar permanently fixed features. Permanent planter boxes and green roofs that are a minimum of 30" in height above or below the deck surface, measured from the deck surface to the bottom of the planter box or green roof surface, and that are permanently built into the structure of the roof or deck are not included in the deck calculation. Permanent planter boxes and green roofs that do not meet the minimum requirement count toward deck calculation. Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath porches, gazebos, and decks or balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6. Patios. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 3 of 15 0 0 The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Exposed Percentage of exterior wall that's exposed equals Area below more restrictive grade the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 4 of 15 0 • f Floor Structwe Area of wall to be usedfor subgrade C&ulauon Foundation and Floor 3tructure FoundatAon Footor Figure 5: Measuring the Area of a Subgrade WaA When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall Figure 6: Determining different building levels area shall include the area within the gable of the roof. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 5 of 15 0 • Area counts towards wall calculation k----------------! Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit space, shall be divided proportionately amongst the individual use categories in a Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 6 of 15 building. These numbers shall then be calculated as a percent of the gross floor area number. Garages, including subgrade garages, and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use. Gross floor area calculation: For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exemptgarage) 9,000 sq. ft. gross floor area Percentage of use category per building floor area: Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of non -unit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 100] Free-market residential floor area = 50% [(4,000/8,000) * 1001 Affordable housing floor area = 25% [(2,000/8,000) * 100] Application of use percentages to non -unit floor area: A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 7 of 15 0 . Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt basement) + 250 sq. ft. = 1,750 sq. ft. Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Examples: 1. Circulation features, for example hallways, that are shared (used by multiple uses) are considered non -unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below=grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 8 of 15 Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7.• 12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 9 of 15 a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 10 of 15 e • residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. fi Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.5.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j) Exceptions for light wells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 11 of 15 0 k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.I and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 12 of 15 The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: 1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 2. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 3. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 4. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 5. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 6. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 7. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is the minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fence Materials Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410), Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and Measurements — setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see landscaping). Fences visible from the Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 13 of 15 public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. Section 11: Chapter 26.575.060 Reserved, shall be changed to Driveways, and shall read as follows: 26.575.060 Driveways Driveways are not permitted to be gated. Section 12: Chapter 26.104.100 — Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio", "non -unit space", and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Areas within a commercial or mixed use building which are permitted to be leased to a tenant and occupied for commercial or office purposes. This also includes commercial areas within a lodge that are open to the general public. (Also see Section 26.575.020 — Calculations and Measurements.) Non -unit space. The floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel or mixed use building that is commonly shared. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (A "covered patio" not connected to any other building is considered a Gazebo.) Commercial use. Land, structure, or portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented businesses, not including lodge units or hotel units. Section 13: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit, or the area within a structure in which such nonconforming use is located; or Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 14 of 15 2. Occupancy of additional lands; or, 3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 14: Effect Upon Existing Litigation. 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 15: Severability. 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. Section 16: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 17: A public hearing on this ordinance was held on the 28t' day of April, 2014 at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 10t' day of March, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2014. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 15 of 15 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to clarify the calculations and measurements section of the Land Use Code. The proposed update intents to create more certainty and reliability on how floor area and other aspects of zoning are calculated. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the calculations and measurements section of the Code is in concert with this policy by clarifying certain zoning regulations. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findin,-s: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. Calculation and Measurements, Exhibit A Second Reading 4/28/2014 Page 1 of 1 ORDINANCE No. 7 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure whi h is eithe_ inaeeessible of aeeessible Only as Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 1 of 17 habitable it shall be eounted in the ealeulation of Floor- Ar-ea Ratio and allowable Fl Area. or between the ground and floor framing which is accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that meet the following are exempt from Floor Area calculations: 1. 5 feet 6 inches or less in height measured between the hard floor structure and floor framing and 2. Accessible only through an interior floor hatch, exterior access panel, or similar feature; and 3. Are the minimum height and size reasonably necessary for the mechanical equipment. Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than 5 feet 6 inches in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas. Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. Figure 3: Thirty inch height exemption If any portion of the attic level or crawl space of a structure is to be counted, then the entire roomlevel shall be included in the calculation of Fleof Area Ratio and allewable Floor Area. ro .,..ales fothe p etieal ,imitations t „tine , Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 2 of 17 0 e) An afea aeeessible only thfough an intefier- pull down aeeess laddef is exempt. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space that is 6 feet in height that is accessible onlythrough an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior hatch and is a reasonable size to accommodate the mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall read as follows: 4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non -Street -facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the fnaxtm-allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section.. If the area of these features exceeds fifteen percent (15%) of the property's maximum allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area, for the purpose of this calculation, refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. Decks. balconies, exterior stairways. trellis, and similar features of a mixed use commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of the following features count toward deck calculation: these features shall b the fe tpfint of the featufe ineleding—railings, permanently fixed seating, Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 3 of 17 0 • permanently fixed fills, permanently fixed planter boxes,d Sim an str-uetur-al eempenents of the feature-. Permanent planter boxes and green roofs that are a minimum of 30" in height above or below the deck surface, measured from the deck surface to the bottom of the planter box or Qreen roof surface, and that are permanently built into the structure of the roof or deck are not included in the deck calculation. Permanent planter boxes and green roofs that do not meet the minimum height requirement count toward deck calculation. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6— Patios . Patios ad—Landseape 'T'effaees developed at or within six inches of finished grade shall not be counted towards allowable Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four 4) feet, as measured from the face of the building_ and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 4 of 17 Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Window Well Exposed Percentage of exterior wall that's exposed equals Area below more restrictive grade - the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 5 of 17 0 0 Floor Structure Area of wall to be used for subgrade calculation Foundauon and floor Structure Foundation Footer—mot I Figure 5: Measuring the Area of a Subgrade Wall When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. Figure 6: Determining different building levels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 6 of 17 0 0 Area counts towards wall calculation i } L---------------1 Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a Mmixed-Uuse bBuildin. In order to determine the total floor area of individual uses in a mixed -use building, the tetnl-floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of --to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit space, shall be divided proportionately amongst the individual use categories in Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 7 of 17 0 • a building. These numbers shall then be calculated as a percent of the gross floor area number that does net ifielude the non unit spaee. Garages, including subgrade garages, and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use. Gross floor area calculation: For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including_500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exempt garage) 9,000 sq. ft. gross teW floor area Percentage of use category per building floor area: Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of non -unit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 1001 Free-market residential floor area = 50% [(4,000/8,000) * 1001 Affordable housing floor area = 25%1(2,000/8,000) * 1001 Application of use percentages to non -unit floor area: A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 8 of 17 • • Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. f). basement) + 250 sq. ft. = 1,750 sq. ft. Free Market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. fl. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Examples: 1. Circulation features, for example hallways, that are shared (used by multiple uses) are considered non -unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space.. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 274.A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. - Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 9 of 17 �J Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e)For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. e)f)For mansard roofs, height shall be measured to the flat roof as described above. g)__Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. 43h)Buttertly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 10 of 17 a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 11 of 17 0 • residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. J) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.S.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j�Exceptions for light wells. and basement stairwells. AA light wellbasement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On Street facing facades the minimum size lightwell. limited to that o o "ea to meet adopted Building of Fif-e Codes, entirely recessed behind the vertical plane established by the portion of the building facade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -Street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a_.Lightwell is not easily visible from the right of way. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 12 of 17 U b. Approval of the exemption supports the preservation of the historic resource. k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the buildingat t the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions , or skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.I and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. Permanentiv installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including emplo reeee mitigation, prorated accordingto o the portion of the year in which it is installed. 4-2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 13 of 17 • 0 shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category usingpercentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building Examples: .3. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 3. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 4.5. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 5-6. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. (}7. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. -7-.8. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 8-.9. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 14 of 17 0 • j. Measurement of Net Livable Area; The ealeulation of Net Livable Area shall inelude aI4 intefief spaee measured ffem interior- wall to interior- wall, ineluding interior- paffitions ana ine4tisiife-ef-, but not lifnitedto, a b:uys or lobbies-dediceate`t to ont•, one unit, finished of unfinished basements whieh afe of ean be made habitable, and stefage areas, elesets and laundfy afeas aeeessible ffem the ifiter-ief of a unit. Net livable Area shall not inelude eeffifnen eemmen spaees not intended of designed te be eeeupied by an individual tenant. Net Wvabl-e Afea shall net ineltide uninhabitable basements, fneehanieal afeas, stairs, uneenditioned stefag-e Section 10: Chapter 26.575.050 - Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fences Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410), Historic Preservation Design Guidelines (see Chapter 26.415), or -the Commercial Design Standards (see Chapters 26.410 26.412, a-a�� 26.412), Calculations and Measurements (See Chapter 26.575.020.5), or the Engineering_ Design Standards (see Chapter 5 - landscaping). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. On eefnef lots, no fenee, r-etaining wall or- sifnilar- objeet shall be efeeted of maintained whi abstniets the tfaffie .— on eefnef lots shall an), f�nee, fetaining wall or- similaf ffem stfeet gfade, within thifty (30) feet ffem the paved of unpaved f:oadway. Plans shewing pr-epesed eenstfuetion, material, leeation and height shall be pfesented te the Building inspeete befefe a building pefmit fef a fenee is issued. AdditionaNy, foliage shall be plaeed and maintained so that it will not obstfuet vehieulaf visibility at intefseetions. Section 11: Chapter 26.575.060 Reserved, shall be changed to "Chapter 26.575.060 Driveways", and shall read as follows: 26.575.060 Driveways Driveways are not permitted to be gated. Section 12: Chapter 26.104.100 - Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio' and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing_ plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/ 14 Page 15 of 17 Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. planted. Net leasable area n! and ,.rr., e soae-e. These ae within a eemmefeial ef eWieo eyes. (Alse see Seetioii-26020 Caleulation and " easufementT) Areas within a commercial or mixed use building which are permitted to be leased to a tenant and occupied for commercial or office purposes. This also includes commercial areas within a lodge that are open to the general public. (Also see Section 26.575.020 - Calculations and Measurements.) Non -unit space. The floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel or mixed use building that is commonly shared. (Also see Section 26.575.020 - Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (^wed patio" eenneeted to a living spaee of building : eensider-ed a n,,.-e A "covered patio' not connected to any other building is considered a Gazebo. " is eensidefed an Afeaway..) Commercial use. Land�--e�structure, or a portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurantibar or service oriented businesses, not including lodge units or hotel units. Section 13: Chapter 26.312.020 - Nonconfonmities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: 26.312.020. Nonconforming uses. C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit, or the area within a structure in which such nonconforming uses areis located; or 2. Occupancy of additional lands; or, 3_Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 14: Effect Upon Existing Litisation. 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 15: Severability. Code Amendment - Misc. Calculations & Measurements Second Reading 4/28/14 Page 16 of 17 0 • 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. Section 16: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 17: A public hearing on this ordinance was held on the_'h day of , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 day of , 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2014. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor Code Amendment — Misc. Calculations & Measurements Second Reading 4/28/14 Page 17 of 17 r MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director RE: Calculations and Measurements Code Amendment Ordinance 7, Series of 2014, First Reading MEETING DATE: March 10, 2014 (Public Hearing 3/24/14) SUMMARY: The attached Ordinance includes a proposed language to amend the calculations and measurements section of the Land Use Code. The objective of the code amendment is to update and clarify the process to measure floor area, allowances in setbacks, and the process to measure height. This update intends to provide predictability in zoning review by adding examples and, in some cases, more specific language. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on First Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the Is' reading of proposed code amendments to the Calculations and Measurements regulations of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. B:kCKGROUND & OVERVIEW: The City's Calculations and Measurements section of the Land Use Code is very technical and very specific. It explains what does and does not count toward floor area, how to count internal spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of the Code needs updating to remain relevant to current building practice, to create more predictability in zoning review, and to ensure that the purpose of the requirement is met. City Planning Staff maintain a "redline" version of the Land Use Code, largely for the calculations and measurements section, which highlight areas that need to be updated, clarified or rewritten. These highlights are largely informed by complex projects that expose existing 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 1 of 5 0 • loopholes or confusing language. The "redline" changes and recent Code interpretations are incorporated into the proposed Code amendment. There are very few policy changes proposed. Most of the changes are clarifications and slight adjustments. The proposed changes to current zoning policy include: calculation of crawl space, height measurements for rooftop amenities, height measurements for lightwells (resulting from Council direction regarding the 201 E. Hyman project), and decks calculations for non- residential building types. A summary of the proposed changes is below. A red -line version of the proposed language is attached as Exhibit B. Crawl spaces: The current Code counts crawl spaces as floor area if there is exposed wall (using the basement calculation), the space is easily accessible and the space can be made habitable. Crawl spaces are usually subgrade or partially subgrade areas that are unfinished (i.e. not heated, concrete slab on grade floor, etc.). Typically mechanical equipment is found in these areas. The philosophy behind counting these spaces is that if the space is easily accessible it will become useable space that should count toward floor area. Developers were labelling subgrade rooms as crawl space to be exempt from floor area with the intention of finishing the space into a habitable room after a Certificate of Occupancy was granted. There is currently no distinction between crawl space and basement space other than how it is accessed and whether it can be made habitable. The proposed Code amendment allows crawl spaces up to 4' in height to be exempt from floor area calculations. Proposed Amendment: Any crawl space that is less than 4' in height that it is accessed by an interior hatch or exterior access panel is exempt from floor area calculations. Space over 4' in height counts in accordance with the measurement for basement space (a percentage of the exposed wall counts). Pros: There is a prescriptive and objective measurement for when a crawl space counts toward floor area that provides predictability for the applicant and a faster zoning review. Using 4' as a threshold height ensures that crawl spaces are not converted to living space. Cons: None. 15% Floor Area Exemption: The current Code exempts decks, balconies, exterior stairways, and similar features from floor area calculations up to 15% of the allowable floor area on the parcel for the use and density. This means that a mixed use building has a separate 15% calculation for each use: for example, a building with 1,000 square feet of residential and 2,000 square feet of commercial means that 150 square feet of residential deck is exempt and 300 square feet of commercial deck is exempt. The challenge is when it is a "shared" deck between free market residential, affordable housing and commercial uses, which in Staff's experience translates to a deck used exclusively by the free market residential units. Staff is supportive of rooftop decks and finds that they beautify the view of Aspen from the gondola and surrounding vantage points. Setbacks from the building edge for rooftop amenties 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 2 of 5 (discussed in a different section) can alleviate perceptions of additional mass and scale on roofs as experienced by the pedestrian. Proposed Amendment: Omit the 15% calculation for mixed use, lodge and commercial buildings in specific zone districts. No restriction on decks, balconies and exterior stairways, etc. Decks are still required to meet specific setbacks for rooftop amenities (see the height exemption amendment below). Pros: A more organized and attractive view of town from the gondola or Smuggler Mountain. Simplified calculation and permit review process for commercial, mixed use, and lodge buildings. Cons: Possibly more stuff on rooftops that could contribute to the perception of taller buildings. Eave Overhangs: The current Code exempts space beneath an eave overhang up to 30" from floor area calculations. Eaves in excess of 30" count toward the 15% deck calculation. The philosophy is that large eaves contribute to the mass of a building, typically create a covered deck scenario, and should be counted toward the 15% deck calculation. Proposed Amendment: Allow eave overhangs up to 4' to be exempt from floor area calculations. Larger eaves provide better solar protection which can reduce heating/cooling costs. In addition a 4' eave is barely enough covering for 1 chair — it does not create a covered deck situation that in Staff s opinion should count toward the 15% exemption for residential buildings. Pros: Encourages better solar protection for new buildings. Cons: Provides more exempt space. Calculation of Non -unit space: Areas that are shared by all uses in a mixed use building are generally considered non -unit space. The floor area for these spaces are divided proportionately between the different uses within the building to compute the total floor area associated with an individual, permitted use in a building such as retail and restaurant, lodging or affordable housing. The amount of non -unit space allocated to each use is calculated as a percent of the "gross floor area" of the building minus the non -unit space. The reason for this calculation is because the size of the permitted use is directly related to the impact on the common areas. For example, in a building that is 75% commercial and 25% affordable housing, the commercial use will utilize more of a common mechanical room than the affordable housing use. Proposed Amendment: The proposed language clarifies specific inclusions and exclusions for this calculation and does not change the current policy. Examples are added for clarity. Pros: Provides more specific explanation of calculation and examples. No change to policy. Cons: None. Exceptions to Height - Liihtwells: The Code currently exempts lightwells and basement stairwells from height measurement when the feature is the minimum size required by building 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 3 of 5 • code. Council considered a request for a height variance for the residential historic landmark at 201 E. Hyman Ave (adjacent to Limelight). During the hearing Council directed Staff to bring forward language that would permit certain lightwell sizes and locations to be exempt from height measurements. The policy direction was based on the idea that lightwells interior to a property do not adversely impact perceptions of building height. Proposed Amendment: Lightwells that are 100 square feet or less on non -street facing facades are exempt from height measurements. Specific to the issue discussed during the 201 E. Hyman discussion, HPC is authorized to grant a height exemption for landmark projects that propose a lightwell greater than 100 square feet upon a finding that specific criteria are met. Pros: Allows more flexibility in site planning and design which may result in better projects and less above grade floor area. Cons: May result in large pits. Exceptions to Height - Rooftop Amenities: The Code is currently silent on built-in rooftop amenities. Staff discussed rooftop amenities with Council during a worksession in 2013. Proposed Amendment: Mixed use, lodge, or commercial buildings, permanent rooftop amenities (i.e built-in bbq, hot tubs, wet bars, etc.) may extend 5 ft. above the height of the building at the point where the equipment is attached with the condition that all amenities are located a minimum of 10 ft. from any street facing faVade. Pros: Allowing these amenities promotes well -designed rooftop spaces, and requiring a setback from street facades mitigates visual impacts to pedestrians. Cons: May result in more stuff on downtown roofs. Measurement of Net Livable Area and Net Leasable Space: The calculation of net livable area and net leasable space includes all interior spaces of a building that are not integral to the physical function of the building. The current Code language exempts certain areas from net livable area and counts the same areas for net leasable area. The proposed amendment treats net livable area and net leasable space the same and minimizes the exemptions. Examples are added for clarity. Proposed Amendment: Net livable area and Net leasable space includes all interior space of a building that can be leased to a tenant or is intended to be used for habitation. Spaces integral to a building's physical function, for example a janitor's closet is exempt from this calculation. Pros: Clarifies the existing policy. Treats net livable area and Net leasable space the same. Cons: None. Definitions• Staff proposes to add a definition of gross floor area to explain the changes to the non -unit space calculation. Staff also proposes to add a definition of trellis which is an allowed exemption to 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 4 of 5 • height as a rooftop amenity. The definition allows a trellis to have a 50% roof covering to provide shade to rooftop decks. Walls are not permitted. Nonconformities: Staff proposes an addition to the nonconforming uses section of the Land Use Code to clarify that buildings with nonconforming net leasable area or net livable area located within a structure cannot be enlarged. The prohibition of free market residential units in the Commercial Core necessitates this clarification. PUBLIC OUTREACH: Staff sent out a description of the changes and a link to the proposed language in the Community Development newsletter that reaches 586 professionals including contractors, architects, attorneys, and planners. Staff also sent the proposed changes directly to some of the local architecture firms to solicit feedback. Their feedback is incorporated into the proposed amendment where applicable. Due to the technical nature of the proposed amendment, the Planning and Zoning Commission and the Historic Preservation Commission were not specifically asked to comment. Many of the members subscribe to the newsletter. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance to amend the Miscellaneous Calculations and Measurements Section, Definitions Section and Nonconformities Section of the Land Use Code. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 7, Series of 2014 approving amendments to the Land Use Code upon first reading. Second Reading is scheduled for March 24, 2014." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed Code Amendment Language (red line version) 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 5 of 5 ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 — DEFINITIONS, AND CHAPTER 26.314 — NONCONFORMITIES OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations, 26.104.100 — Definitions, 26. 314 - Nonconformities; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor joists which is either Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 1 of 15 inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area-. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that are 4 feet or less in height, measured between the ground and floor joists, and are accessible only through an interior hatch or exterior access panel are exempt from Floor Area calculations. Crawl spaces greater than 4 feet in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. P.rea of floor that dots not count \\ / ' 30' f Figure 3: Thirty inch height exemption If any portion of the attic or crawl space of a structure is to be counted. then the entire room shall be included in the calculation of Floor Area. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space more than 4 feet in height that is accessible only through an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 4 feet in height, is accessible only through an interior hatch and contains mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 2 of 15 read as follows: 4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non Street -facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area, for the purpose of this calculation, refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Lodge Preservation (LP) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of these features shall be the maximum footprint of the feature including railings, permanently fixed seating, permanently fixed grills, permanently fixed planter boxes, overhangs, and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6. Patios. Patios developed at finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 3 of 15 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Window Well Exposed + Percentage of exterior wall that's exposed equals Area below more restrictive grade the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 4 of 15 • Area of wall to be usedfor subgrade calculauon lam' Four.-iacron Footcr Floor Structure 1 { Foundation and Floor 5tsucture Figure 5: Measuring the Area of a Subgrade WaU When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. Figure 6: Determining different building levels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 5 of 15 Area counts towards wall calculation I t L— — — — — — -- — — — — — Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 406/o above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 6 of 15 space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number. Garages and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exempt ara e 9,000 sq. ft. gross floor area Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 1001 Free-market residential floor area = 50% [(4,000/8,000) * 100] Affordable housing floor area = 25% [(2,000/8,000) * 100] A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. basement) + 250 sq. ft. = 1,750 sq. ft. Free Market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 7 of 15 Examples: 1. Circulation features that are shared (used by multiple uses) are considered non - unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary.. Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 8 of 15 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 9 of 15 required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. J) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 10 of 15 solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.S.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j) Exceptions for light wells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 11 of 15 (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Lodge Preservation (LP) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.I and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Areaand Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 12 of 15 Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: 3. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 4. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 5. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 6. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 7. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 8. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 9. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fences Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards, Historic Preservation Design Guidelines, or the Commercial Design Standards (see Chapters 26.410, 26.412, and 26.415). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. On corner lots, no fence, retaining wall or similar object shall be erected or maintained which obstructs the traffic vision, or which exceeds a height of forty-two (42) inches, measured from finished grade within thirty (30) feet from the paved or unpaved roadway. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 13 of 15 Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. Driveways are not permitted to be gated. Section 11: Chapter 26.104.100 — Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio' and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Those areas within a commercial or office building which are permitted to be leased to a tenant and occupied for commercial or office purposes. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (A "covered patio' not connected to any other building is considered a Gazebo.) Section 12: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit or the area within a structure in which such nonconforming uses are located; or 2. Occupancy of additional lands; or, 3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 13: Effect Upon Existing Litigation. 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: Severability. 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. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 14 of 15 Section 15: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 16: A public hearing on this ordinance was held on the u day of , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 day of , 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of 12014 Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 15 of 15 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to clarify the calculations and measurements section of the Land Use Code. The proposed update intents to create more certainty and reliability on how floor area and other aspects of zoning are calculated. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the calculations and measurements section of the Code is in concert with this policy by clarifying certain zoning regulations. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. Calculation and Measurements, Exhibit A First Reading 3/10/2014 Page I of 1 ORDINANCE No. 7 (Series of 2013) �1uk emu„„ AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor joists which is either inaccessible or accessible only as a matter of necessity is exempt from the calculation of Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 1 of 16 Floor Area Ratio and allowable Reef ^ Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that are 4 feet or less in height. measured between the around and floor joists, and are accessible only through hrough an interior hatch or exterior access panel are exempt from Floor Area calculations. Crawl spaces greater than 4 feet in height count toward Floor Area in accordance with Section 26.575.020.D.8 AubQrade areas Form Attic space that fkhe-spaee is conveniently accessible and is either habitable or can be Form made habitable it -shall be counted in the calculation of Floor Area Ratio and allowable Reef fe . Areas of an attic level with thirty (30) vertical inches or less between the finished floor Form level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. Figure 3: Thirty inch height exemption If any portion of the attic level or crawl space of a structure is to be counted, then the entire roomlevel shall be included in the calculation of Floor- Afea Ratie and allowable Floor Area. . Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) An crawl space more than 4 feet in height that is area accessible only through an exter-ief aeeeess panelinterior hatch of e< l spaee is 0 e •counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) A sleeping !oft aeeessible via a stair -way e a ladder- ieou „tom d)An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 2 of 16 0 • e) A crawl space that is 4 feet in height, is accessible only through an interior hatch and contains mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 - Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall read as follows: 4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non Street -facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the naaximutn allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's mom allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area, for the purpose of this calculation, refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extineuished Transferrable Development Rieht certificates are not included. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Lodge Preservation (LP) Zone District, or the Commercial Lodge (CL.) Zone District shall be exempt from Floor Area calculations. The area of these features shall be the maximum footprint of the feature including railings, permanently fixed seating, permanently fixed ,grills, permanently fixed planter boxes, overhangs, and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 - Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6— Patios -and -L-andsc-ape Teffaees. Patios eveloped at finished grade shall not be counted towards allevable Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, MM inehes and remain exempt from Floor Area Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 3 of 16 calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Window Exposed Percentage of exterior wall that's exposed equals Area below more restrictive grade the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 4 of 16 Floor Strucbxe Area of wall \� I to be used for subgrade calculation ' 1 Foundation and Floor Structure Foundation Footer Figure 5: Measuring the Area of a Subgrade Wall When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. B A C Stairs i Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building levels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 5 of 16 0 0 Area counts towards wall calculation i �1- ---------------! Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade de spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the total floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of -to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 6 of 16 i 0 non -unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not : elude the n nit Garages and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively y one use, the space shall be attributed to the floor area for that use. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exempt garage) 9,000 sq. ft. rg qss fetal floor area Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25%[(2,000/8,000) * 1001 Free-market residential floor area = 50% f (4,000/8,000) * 1001 Affordable housing floor area = 25% f (2,000/8,000) * 1001 A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. basement) + 250 sq. ft. = 1,750 sq. ft. Free Market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 7 of 16 0 0 Examples: 1. Circulation features that are shared (used by multiple uses) are considered non - unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space.- [numb orm 3. Circulation that is specific to a use, for example a private elevator that only, serves the residential component i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 2;4.A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. - Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 8 of 16 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. eLFor "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. e4f)For mansard roofs, height shall be measured to the flat roof as described above. gLDormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. 0h)Butterfly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 9 of 16 • required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. J) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 10 of 16 solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.5.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. Exceptions for light wells. and basement stairwells. AA light well basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size li htwell lifnited to that area o rod t meet adopted Buildinger- Fire Codes, entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) ware feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a_.Liatwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 11 of 16 e1IV Id all sides to withineighteen (18) ehe of the first floor- level (e .* .le eV.I. {, k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Lodge Preservation (LP) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing facade of the building by a minimum of ten (10, feet. 1) Exceptions . or skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.I and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable AreaCommereial Spneeand Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated accordingto o the portion of the year in which it is installed. 4-.2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 12 of 16 0 0 included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: 3. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 3A. A shared commercial storage area that is larger than needed for ' the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 4:5. A shared stairway and a shared circulation corridor (that access more than one use) are integxal to the physical function of the building and do not count in the measurement of net livable area or net leasable area. -5:(i. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 4-.7. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. -7-.8. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. &9. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is minimum size required for the mechanical equipment does not count in net livable area or net leasable area. lt��l!i�=!L17T1.1L ��71� /���Lll�l l.Lli9 �lJ�Jtl ill Lll��t Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 13 of 16 • 0 eifeulation areas, eemmen lobbies, eemmen stair -wells, eemmen elevater- eaffider-s, of! similar eemmen spaees not intended or- desiped to be eeeupied by an individual tenant. Net Livable Ar-ea shall net inelude uninhabitable basements, meehanieal areas, stairs, Uneenditiefled stefage . Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fences Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards, Historic Preservation Design Guidelines, or the Commercial Design Standards (see Chapters 26.410, 26.412, and 26.415-2). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. On corner lots, no fence, retaining wall or similar object shall be erected or maintained which obstructs the traffic vision, , retaining wall ef simila obstfuetion be e fee`ed of maintained or which exceeds a height of forty-two (42) inches, measured from finished rg adestfeet grade, —within thirty (30) feet from the paved or unpaved roadway. Plans shewing pfopesed eenstfaetion, fnatertial, leeatien and height shall be pfesented Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. Driveways are not permitted to be gated. Section 11: Chapter 26.104.100 — Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio' and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subcrade levels measured from interior wall to interior wall. Net leasable area . Those areas within a commercial or office building which are permitted to be leased to a tenant and occupied for commercial or office purposes. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (^mod patio" eenneetea to ^ living space of building is eansidefed- erzPefeh.—A "covered patio' not Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 14 of 16 connected to any other building is considered a Gazebo. A "sunken patio" is eonsider-ed an Ate) Section 12: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: 26.312.020. Nonconforming uses. C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit or the area within a structure in which such nonconforming uses are located; or 2. Occupancy of additional lands; or, 3_Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 13: Effect Upon Existing Litigation. 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: Severability. 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 Section 15: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 16• A public hearing on this ordinance was held on the t" day of , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 day of , 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 15 of 16 FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney • day of , 2014. Steven Skadron, Mayor Code Amendment — Misc Calculations & Measurements First Reading 3/10/14 Page 16 of 16 Z/A �'l A/ 0' 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , 1 tA�i n Lj GDDE- �ib , Aspen, CO SCHEDULED PUBLIC HEARING DATE- "()D , 1 D, 20 4 STATE OF COLORADO ) ss. County of Pitldn ) (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 e Aspen Land Use Code in the following manner: 7 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 on the _ day of , 20_, 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 all owners of 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Si tur C�� The foregoing "Affidavit of Notice" was acknowledged before this ��3 day of 20 1� by \-TIVQ ��ZyilJ PUBLIC NOTICE RE: AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. February 10. 2014, at a meeting to begin at 5.00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to determine if an amendment to the text of the Land Use Code should be pur- sued. The potential amendment would update the Calculations and Measurement section of Miscella- neous Supplemental Regulations. For further in- formation, contact Sara Adams at the City of As- pen Community DevelopmeMl epartment, 130 S. Galena St., Aspen, CO. (970) 429-2778, sara.ad- amsocltyofaspen.com a/ $tevA p=l 1-11-11 Published in the Aspen Times Weekly on January 23.2014_ [96771121 WITNESS MY HAND AND OFFICIAL SEAL Myr7imission e pines: Notary Public t�.... vY P 8l LINDA M. ' MANNING ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION OF • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) y� t.,� • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIE.S'�' ZZ�"" G:vTy12014 BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 • MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planner 5"1' THRU: Chris Bendon, Community Development Director RE: Policy Resolution: Miscellaneous Calculations and Measurements, Code Amendments Resolution , Series of 2014 MEETING DATE: February 10. 2014 SUMMARY: The attached Resolution outlines Council policy direction for amendments to the Calculations and Measurement regulations of the City. The objective of the code amendment is to update and clarify the process to measure floor area, allowances in setbacks, and the process to measure height. This update intends to provide predictability in zoning review by adding examples and, in some cases, more specific language. The update is not intended to change our policy. If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the Calculations and Measurements regulations. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Calculations and Measurements regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The City's Calculations and Measurements section of the Land Use Code is very technical and very specific. It explains what does and does not count toward floor area, how to count internal spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of the Code needs updating to remain relevant to current building practice, to create more predictability in zoning review, and to ensure that the purpose of the requirement is met. Calculations & Measurements Policy Direction 2/ 10/2014 Page 1 of 2 City Planning Staff maintain a "redline" version of the Land Use Code, largely for the calculations and measurements section, which highlight areas that need to be updated, clarified or rewritten. These highlights are largely informed by complex projects that expose existing loopholes or confusing language. The "redline" changes and recent Code interpretations are incorporated into the proposed Code amendment. There are very few policy changes proposed. Most of the changes are clarifications and slight adjustments. The proposed changes to current zoning policy include: how rooftop amenities are included in height calculations, how lightwells are included in height calculations (resulting from Council direction regarding the 201 E. Hyman project), and how decks are calculated for non- residential building types. PUBLIC OUTREACH: Staff sent out a description of the changes and a link to the proposed language in the Community Development newsletter that reaches 586 professionals including contractors, architects, attorneys, and planners. Staff also sent the proposed changes directly to some of the local architecture firms to solicit feedback. Due to the technical nature of the proposed amendment, the Planning and -Zoning Commission and the Historic Preservation Commission were not specifically asked to comment. Many of the members subscribe to the newsletter. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2014, approving a Policy Resolution regarding subdivision code amendments." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Calculations & Measurements Policy Direction 2/ 10/2014 Page 2 of 2 RESOLUTION NO. _, (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO MISCELLANEOUS SUPPLEMENTAL REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore amendments to the City's miscellaneous supplemental regulations; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach local architects, contractors, and planners; and, WHEREAS, the Community Development Director recommended changes to the miscellaneous supplemental regulations in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No. _, Series of 2014, by a vote, requesting code amendments to the miscellaneous supplemental regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed code amendments is to update the miscellaneous supplemental regulations, specifically the calculations and measurements section, in the Land Use Code. Section 2• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Resolution No , Series 2014 Page 1 of 2 Section 3• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 1 Oth day of February 2014. Steven Skadron, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No , Series 2014 Page 2 of 2 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to clarify the calculations and measurements section of the Land Use Code. The proposed update intents to create more certainty and reliability on how floor area and other aspects of zoning are calculated. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the calculations and measurements section of the Code is in concert with this policy by clarifying certain zoning regulations. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. Calculation and Measurements Policy Direction Exhibit A 2/10/2014 Page 1 of 1 0 • Sara Adams From: STAN MATHIS <pmbaddogs@gmail.com> Sent: Thursday, January 23, 2014 2:58 PM To: Sara Adams Subject: Re: calculations and measurements changes Hi Sara, I did get a copy. Did you receive an e-mail from me regarding areas excluded from net livable area? If not I have pasted my text below. Hi Sara, i have read through the proposed revisions and I would like to suggest a clarification to the way net livable area is counted in regard to mechanical space. Currently mechanical space is not counted, but some times the mechanical space is larger than the actual foot print of the mechanical equipment to allow for maintenance, replacement, or upgrading of the equipment. I suggest that the size of a mechanical space be expressed as the greater of (a) two percent of the floor area of the structure (including the mechanical space) it is serving; or (b) the area where the mechanical equipment is located, including the equipment itself and the area necessary for its installation, maintenance, repair and replacement. In my experience, a floor area percentage of 2% of the total is the proper amount required for a mechanical space. Please call me if you have any questions. Thanks, Stan On Thu, Jan 23, 2014 at 2:43 PM, Sara Adams <sara.adams cr,cityofaspen.com> wrote: Hi, Just in case you did not receive or are not subscribed to the ComDev newsletter, we are proposed changes to Calcs and Measurements. This is headed to Council starting next month. Please let me know if you have any questions or comments on the potential changes. Thanks! Sara Sara Adams, AICP Senior Planner I City of Aspen 130 S. Galena Street, 3rd floor Aspen CO 81611 970/429-2778 www.aspenpitkin.com<http://www.aspenpitkin.coi-n > Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. Sara Adams From: Herb Klein <hsk@kceclaw.com> Sent: Friday, January 17, 2014 11:04 AM To: Sara Adams Subject: Re: code changes to measurements Hi sara, I am glad to hear that garages will be excluded from NLA. The voids has been an issue that is not uniformly dealt with, so clarifications would be helpful. With respect to carports, I was looking at a situation where there were two building masses on - grade that were about 20 feet apart, with a second floor spanning them. We did not know how to deal with the covered, open on one side, but empty space between them. It was not intended to be a garage or a carport, although it could have functioned that way. We thought we could put a barrier in the space that would prevent it from being used for parking and thus not count as floor area. In that situation a different design was implemented, but it drew my attention to this as a potential problem if someone did not have an alternative. Thanks very much. x I lerb - - From: Sara Adams <sara.adams ci cityofaspen.com> Date: Friday, January 17, 2014 10:45 AM To: Herb Klein <hsknkceclaw.com> Subject: RE: code changes to measurements Hi Herb, Thank you for reading through the draft and sending comments. I really appreciate that you took the time to read it. 1. Garages do not count toward net livable or net leasable — I will clarify that in the draft. 2. Covered parking spaces are considered carports and count toward floor area. Carports add mass, similar to a garage, but just don't have sides. We basically treat the two features the same by drawing imaginary "walls" for a carport to calculate floor area. We do not have any issues with implementing the carport calculation. What is your concern? 3. 1 will float your idea about voids to Staff at our next meeting and see what they think. Currently, Zoning doesn't count those spaces - it may be helpful to clarify in the amendment. Thanks again and have a great weekend! Sara From: Herb Klein [mailto:hsk@kceclaw.coml Sent: Friday, January 17, 2014 9:03 AM To: Sara Adams Subject: code changes to measurements Hi Sara, 0 0 I hope this message finds you well. I was looking over the proposed code changes and saw a couple of things that I want to provide comments about. 1. The definition of Net Livable Area. The changes indicate that garage space will be included in NLA. This will be a problem for many properties, especially those condo projects that are subject to the 2000 ft NLA limit. Those that have a garage will all become non- conforming. For new projects, people will have to chose between real living space (still only a maximum of 2000 ft.) and a place to park their cars. This will result in condo's of 1500 feet of real living space and a garage. Parking on -site is a requirement and enclosed parking ought to be encouraged. Some of these parcels are small and to put parking on -site, even if not in a garage, can be a problem because of the limited lot size and finding a fully exterior place for cars can be a challenge. It seems counter -productive to the City's goals to count garages as NLA. 2. The regs for covered parking and carports should also be studied. Many condo projects in town have living space on the upper floors and covered parking on -grade. It is my understanding that covered, but unenclosed parking counts as floor area. 3. Voids. One other thing that was not addressed in the changes is the treatment of voids. Attics and crawl spaces are addressed and those changes seem to make sense. However, there are also often areas between floors and where walls and roof pitches meet that do not qualify as attics or crawl spaces. These voids are often irregular in shape (sometimes a V shape) or a void between floors that may be 2-4 ft in height. It seems that these ought to be addressed so that their treatment is clear and consistent. They are not usable as floor space and they do not contribute to mass because they are in between areas that count as floor space. Thanks for your consideration of my comments. I would appreciate hearing your thoughts about them. Best regards, Herb Please note our new physical address and new email address and update your records accordingly. Thank you. Herbert S. Klein, Esq.(') Klein Cot6 Edwards Citron, LLC 101 S. Mill St., Suite 200 Aspen, Colorado 81611 Tel: 970.925.8700 Fax: 970.925.3977 email: hsk(cDkceclaw.com <maiIto: hskkkceclaw.com> Visit our website at http://kceclaw.com (*) ADMITTED TO PRACTICE IN COLORADO AND HAWAII 2 KLEIN COTt EDWARDS CITRON LLc ATTORNEYS The information contained in this e-mail message may be attorney -privileged and confidential information. In any event, it is intended only for the use of the intended recipient(s) named above. If you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (970-925-8700) or e-mail, and delete this e-mail message. Thank you. Also, we do not guaranty that any files attached to this email are virus free; you should scan any attached files for viruses before opening them. 0 Cat ��zOfivU: rl�c C-7 NOT �C)T N I `D FA(t � J2-oi�✓ �.— CND i u r L Y � k t� � T i�ti1 C S , GuT 0FF. �.- 3 0 Sara Adams From: Mitch Haas <mitch@hlpaspen.com> Sent: Monday, April 22, 2013 11:32 AM To: Sara Adams Subject: Fwd: 308 lowered floor Hi Sara. We had one remaining unanswered question regarding 308 West Hopkins. I was about to try to explain it, but Doug's email bellow pretty much covers the gist. When you have a minute, please have a look at the email and sketch below and let me know your thoughts/answers. If something isn't clear or you have any questions, please just let me know. Best regards, Mitch Mitch Haas Haas Land Planning, LLC �Oi N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Errlgil: mitch@hlpaspen.com Please consider the environment before printing this email Confidentiality note The atrjve ema": and any attachwants contain information that may be confidential and/or privileged. The information is for the use of the riiiiiividual or entity originally intended. If you are not the intended recipient. any disclosure. copying. distribution or use of this information is prohibited. if this 3aiisiyrission is received in error please immediately notify the sender and delete this message and its attachments. if any. Begin forwarded message: From: Doug Rager <doug ,dougragerarchitect.com> Subject: 308 lowered floor Date: April 22, 2013 11:05:56 AM MDT To: Mitch Haas <mitch ,hlpaspen.com> Mitch, Attached is a crude sketch of before & after. Before, floor framing cantilevers over foundation leaving a small area outside of foundation wall but inside of the outermost face of exterior wall. If wood floor framing removed, a.concrete slab could drop into the shallow crawl space (main level ceiling is currently less than 8' High). Concrete floor slab can be structural & can cantilever out same as existing floor framing does to pick up wall loads. Increasing the non -conformity or not changing? Floor area does not change. Thank you, ti I :I L_ -- ADU -2-Ir - r'CJ 212]NG6 I 'J y S :7 �� • 4 • /-r--♦ ( ���� �. -- �h-3hti l�a'/s i.'% � - I. G� .-,-'..'_ r�"` Q Z e - a L I 2ANW11Lt - E - PR VJ VF 6.ca1:.Yt4Al C:.INfih._.. taP.eF_VDT+L Wn,ta. 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