HomeMy WebLinkAbout05_ZONING5.1Zoning
zoning
section
5
5.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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5.3Zoning
Zoning
The City of Aspen Annexation Plan of August
2002 states that “Annexation requests should
be reviewed for compliance with the Aspen Area
Community Plan. Annexation of certain lands
could facilitate accomplishment of the plan’s
goals, objectives, or specific action items. Newly
annexed properties should be assigned zoning
supporting public policy directives of the AACP”
(our emphasis);
and,
“Creation of non-conformities should be avoided,
because custom legislation to address special
interests can further complicate the City’s
regulatory environment.”
Aditionally, the Aspen Annexation Plan specifically
addresses this current submission as follows:
“Bar/X Ranch, AVLT, and Lower Maroon Creek
Generally agricultural in character with significant
growth potential. Development issues include
preserving the riparian habitat along Maroon
Creek, trail connections, fishing access, and traffic
generation impacts to the Highway 82 corridor.
The Bar/X Ranch area is currently subject of a
pre-annexation agreement for the purposes of
developing a mix of free-market and affordable
dwelling units.”
Although the original Preannexation Agreement
called for the entire annexed property to be placed
in the AH/PUD Zone, such zoning (1) does not
conform well to the AACP, and (2) would create
non-conformities requiring extensive use of the
SPA Overlay Zone to mitigate, thus generating
exactly the type of non-conformities that the
new Aspen Annexation Plan seeks to avoid. In
particular, the ranch operation, including the
existing ranch buildings, irrigated meadows and
agricultural uses, does not conform in any respect
to either the uses-by-right or the conditional
uses defined in the AH/PUD Zone, whereas
all these existing uses are already contained
within the Land Use Code’s C (Conservation)
Zone. Therefore, after the development plan for
the property was fully detailed, it appeared that
the zoning needs might be accomplished most
straightforwardly through standard zone districts
and without needing the SPA at all.
Section 26.710.110 Affordable Housing/Planned Unit Develop-
ment (AH/PUD).
A. Purpose. The purpose of the Affordable Housing/Planned
Unit Development (AH/PUD) zone district is to provide for the
use of land for the production of Category affordable housing and
resident occupied lots and units. The zone district also permits a
limited component of free market lots/units to off-set the cost of
developing affordable housing. It is contemplated that land may
also be subdivided in connection with a development plan. The AH/
PUD zone district is intended for residential use primarily by per-
manent residents of the community. Recreational and institutional
uses customarily found in proximity to residential uses are included
as conditional uses. Lands in the AH/PUD zone district should be
scattered throughout the City to ensure a mix of housing types,
including those which are affordable by its working residents; at
the same time the AH/PUD zone district can protect the City’s
neighborhoods from rezoning pressures that other non-community
oriented zone districts may produce. Further, lands in the AH/PUD
zone district should be located within walking distance of the center
of the City, or on transit routes.
B. Permitted uses. The following uses are permitted as of right
in the AH/PUD zone district:
1. Residential uses restricted to Category affordable housing
guidelines and resident occupied units which comply with the fol-
lowing requirements:
a. Minimum Bedroom Mix. A minimum of seventy percent
(70%) of the project’ s total bedrooms shall be deed restricted
affordable housing consistent with the Affordable Housing Guide-
lines. The mix between categories of housing shall be consistent
with the Affordable Housing Guidelines. The remaining bedrooms
that are not deed restricted to affordable housing may be free
market residential units.
b. Permissible reduction in bedroom mix for exemplary
projects. A project may be eligible for a reduction of the minimum
affordable housing bedroom mix requirement to a level of sixty
percent (60%) of the project’ s total bedrooms if the applicant can
demonstrate to the satisfaction of the City Council that the project
meets the requirements for an exceptional project as set forth in
the Affordable Housing Guidelines.
2. Home occupations;
3. Accessory buildings and uses; and
4. Accessory dwelling units meeting the provisions of Section
26.520.
C. Conditional uses. The followings uses are permitted as con-
ditional uses in the Affordable Housing (AH) zone district, subject
to the standards and procedures established in Chapter 26.425:
1. Park and open use recreation site;
2. Child care center;
3. Satellite dish antennae;
4. Dormitory; and
5. Transit facilities.
D. Dimensional requirements. The following dimensional
requirements shall be established by adoption of a Final PUD
Development Plan and shall apply to all permitted and conditional
uses in the Planned Unit Development:
1. Minimum Lot Size.
2. Minimum Lot Area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
5. Minimum front yard.
6. Minimum side yard.
7. Minimum rear yard.
8. Maximum site coverage.
9. Maximum height (including view planes).
10. Minimum distance between buildings on the lot.
11. Minimum percent open space required for the building site.
12. Trash access area.
13. Allowable Floor Area.
14. Minimum off-street parking spaces.
Sections A, B, C & D of the AH/PUD Zone District definition
5.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Section 26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) zone district
is to provide areas of low density development to enhance public
recreation, conserve natural resources, encourage the production
of crops and animals, and to contain urban development.
B. Permitted uses. The following uses are permitted as of right
in the Conservation (C) zone district:
1. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and
forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots)
and other farm and agricultural uses;
11. Railroad right-of-way but not a railroad yard;
12. Home occupations;
13. Accessory buildings and uses; and
14. Accessory dwelling units meeting the provisions of Section
26.520.040.
C. Conditional uses. The following uses are permitted as condi-
tional uses in the Conservation (C) district, subject to the standards
and procedures established in Chapter 26.425.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club,
country club and golf course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5. Water treatment plant and storage reservoir; and
6. Electric substations and gas regulator stations (not including
business or administration offices).
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and conditional uses in
the Conservation (C) zone district.
1. Minimum lot size (acres): 10.
2. Minimum lot area per dwelling unit (acres): 10.
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory build-
ings (feet): No requirement.
9. Percent of open space required for building site: No
requirement.
10. External floor area ratio: (applies to conforming and non-
conforming lots of record): same as R-15 zone district.
11. Maximum Allowable Volume (cubic feet): 9 multiplied by
the maximum allowable floor area of the lot. This requirement shall
only apply to dwelling units.
Sections A, B & C of the Conservation Zone District definition
City Council approved this zoning redefinition
and the Preannexation Agreement therefore
now provides that (1) the 21.5 acre parcel to be
conveyed to the City for high density affordable
housing be zoned AH/PUD, (2) the portions of
the free market lots that will be removed from
active agricultural use are also zoned AH/PUD;
and (3) the balance of the property is zoned to the
C (Conservation) Zone, with (4) the cultural and
educational uses placed in the P (Public) Zone.
An SPA overlay is placed on the P Zone area to
further limit its development potential.
Conservation Zone
The Conservation Zone definition allows all the
agricultural uses of the Fathering Parcel, including
the residential units, to exist as uses by right. It
does, however, require 10 acres per dwelling unit.
The Fathering Parcel currently has entitlements
for 5 single family dwellings, including one 1,500
sq.ft. cabin. The applicant has therefore expanded
the size of the Fathering Parcel to provide 50
acres in order to support these uses without a
zoning variance. With this acreage adjustment,
the Fathering Parcel meets the requirements of
Purpose and Permitted Uses for the Conservation
Zone without requiring any variance.
Residential FAR allowed within the Conservation
Zone is determined by 26.710.050.D.10 (R-15
Zone District). The allowable FAR for detached
single family dwellings, for a 50 acre lot, is:
(((50 x 43,560) - 50,000)/50) + 6,600 = 49,160 sq.ft.
The maximum FAR for the Fathering Parcel of
18,000 sq.ft., determined by the Preannexation
Agreement, therefore falls comfortably within this
allowance.
The PUD Control Document addresses any
variances from Conservation Zone dimensional
requirements that will be required, which include
(1) non-subdivideability of the parcel, (2) FAR
allowance allocated among 5 units, and (3)
inapplicability of setback requirements.
Section 26.710.250 Public (PUB).
A. Purpose. The purpose of the Public (PUB) zone district is to
provide for the development of governmental, quasi-governmental
and non-profit facilities for cultural, educational, civic and other
non-profit purposes.
B. Permitted uses. The following uses are permitted as of right
in the Public (PUB) zone district:
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, ser-
vices and buildings (excluding maintenance shops);
6. Public transportation stop;
7. Terminal building, and transportation related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public and private school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses;
13. Accessory buildings and uses; and
14. Public and Private non-profit uses providing a community
service;
15. Childcare center.
C. Conditional uses. The following uses are permitted as con-
ditional uses in the Public (PUB) zone district, subject to the stan-
dards and procedures established in Chapter 26.425.
1. Maintenance shop; and
2. Affordable housing.
Sections A, B, & C of the Public Zone District definition
5.7Zoning
Public Zone
The cultural uses defined in the Preannexation
Agreement are accomodated by a 3.0 acre
application of the P (Public) Zone District. This is
covered in detail in Section 10. At the request of
City staff, we are also requesting an SPA Overlay
on this 3 acre parcel in order that the development
uses and areas approved for this parcel may be
strictly limited and no uses by right be created
other than those specifically approved.
We are also requesting that, as and when the
owner of the public zone parcel - Lot C - is ready
to develop these facilities, a new PUD application
should be submitted.
5.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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