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HomeMy WebLinkAboutordinance.council.050-95 i-" ,~- e ~le'." ~ ~L - Ordinance No. 95-50 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING CHAPTER 24 OF THE ASPEN MUNICIPAL CODE TO WIT: SECTION 24-3-101 DEFINITIONS FOR FLOOR AREA, ACCESSORY DWELLING UNIT AND LINKED PAVILION, HEIGHT, LINKED PAVILION AND VOLUME; SECTIONS 24-4-501, 24-4-502, 24-4-503, 24-4-504, 24-4-505, 24-4-506 and 24-4-507 DESIGN REVIEW APPEALS COMMITTEE, MEETING SCHEDULE, PUBLIC NOTICING REQUIREMENTS AND FEE REQUIREMENTS SECTION 24-7-301 EXEMPTIONS FROM ORDINANCE 30 AND DEFINITIONS OF MINOR AND MAJOR DEVELOPMENT SECTION 24-7-302 PRE-APPLICATION CONFERENCE SECTION 24-7-304 RESIDENTIAL DESIGN STANDARDS, DEFINITION FOR PRIMARY MASS AND ACCESSORY DWELLING UNIT OR LINKED PAVILION WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations~', shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions or disapproved by the City Council at a public hearing; and WHEREAS, the Planning Office has determined that certain sections of the land use regulations which are in error, are unclear, or in need of refinement in order to codify Planning Office policies, or address current situations within the City; and WHEREAS, the Planning Office wishes to have certain sections of the Code amended to allow clearer application of the regulations regarding land use; and WHEREAS, the Planning Office, the Planning and Zoning Commission, the City Council and Citizens of Aspen have, through the implementation of the Residential Design Guidelines pursuant to the adoption of Ordinance 30, Series of 1995, realized the need to amend sections of the Code in order to clarify, streamline, and remove internal conflicts; and 1 Il;, \11< ''''. e'" ~; '" ~";,"-"" Ii .~, WHEREAS, the Planning Office has compiled a list of needed amendments to Ordinance 30, Series of 1995 to present to the Planning and Zoning Commission and City Council to review; and WHEREAS, Planning and Zoning Commission reviewed the proposed amendments and did conduct a public hearing on October 3rd, 1995; and WHEREAS, npon review and consideration of the text amendments, agency and pubic comment thereon, and those applicable standards as contained in Chapter 24 of the Aspen Municipal Code, to wit, Division 11 of Article 7 (Text Amendments), the Planning and Zoning Commission recommends approval of the text amendments recommended by the Planning Director pursuant to procedure as authorized by Section 24-6-205 (A) (5) of the Aspen Municipal Code; and WHEREAS, the Aspen City Council has reviewed and considered the text amendments nnder the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken public comment at public hearing; and WHEREAS, the City Council finds that the text amendments meet or exceed all applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare; and WHEREAS, the City Council finds that the proposed text amendments clarify, streamline and are consistent with the intent of Ordinance 30, Series of 1995 and Chapter 24 of the Aspen Municipal Code. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds as follows in regard to the text amendments: 2 itA \'1' -~", 1"'.. \;\ '<~ tit 1. The proposed amendments are set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2, The proposed amendments will promote the public interest and character of the City of Aspen. Section 2: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "floor area'" subparagraph "C", subsection "2" is hereby amended, which text shall read as follows: 2, Other provisions applicable to all zone districts: If a driveway to a garage is below natural grade within the required front setback the resulting cut cannot exceed two (2) feet in depth, measured from natural grade. Section 3: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "floor area" subparagraph "E" is hereby amended, which text shall read as follows: Volume, Floor area ratio and allowable floor area for a residential building or portion thereof shall include a calculation based on the relationship between every instance of the exterior expressions and interior plate heights, All interior areas that include exterior expression of a plate height greater than 10 (ten) feet, shall be counted as two (2) square feet per each square footage of actual floor area, Exterior expression shall be defined as facade penetrations between nine (9) and twelve (12) feet above the elevation of the finished floor, and circular, semi-circular or non- orthoganal facade penetrations between nine (9) and fifteen (15) feet above the level of the finished floor. Section 4: Section 3-10 1 of Chapter 24 of the Aspen Municipal Code definition of "Floor Area", subparagraph "G" is hereby amended, which text shall read as follows: Accessory Dwelling Unit or linked pavilion. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of two hundred fifty (250) square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit whichever is less. An accessory dwelling unit separated from a principle structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (450) square feet, shall be calculated at fifty percent of allowable floor area up to seven hundred (700) square feet of floor area, Any element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6) feet wide and ten (10) feet long, Section 5: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "height" is hereby amended, which text shall read as follows: Height means the maximum possible distance, as defined in underlying zoning, from the natural grade or finished grade, whichever is lower, at the exterior perimeter of a building to the highest point or structure within a vertical plane. 3 tit - ~-,'"", \). ,,< Section 6: Section 3-10 1 of Chapter 24 of the Aspen Municipal Code is amended to add a new definition for "linked pavilion" which text shall read as follows: linked pavilion means an enclosed walkway which provides a connection between a principal and an accessory structure, which may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Section 7: Section 4-501 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board, which text shall read as follows: The Design Review Appeal Committee shall review, at a regular meeting, any appeal of the Residential Design Standards. Any appeal for exemption from the Residential Design Standards should simply and succinctly identify why, if granted, the exception would (1) yield greater compliance with the goals of the Aspen Area Community Plan and (2) more effectively address the issue or problem a given standard or provision responds to, or be clearly necessary for reasons of fairness related to unusual site specific constraints. Section 8: Section 4-502 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board, which text shall read as follows: The Design Review Appeal Committee shall have the following powers and duties: A, To hear, review and approve variances to the Residential Design Guidelines, under Article 7, Division 3; B. To hear and decide appeals from, and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Article 7, Division 3, including appeals of interpretation of the text of the Residential Design Standards. The Design Review Appeal Committee may only grant relief from the Residential Design Standards, A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body. Section 9: Section 4-503 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board, which text shall read as follows: Members of the Design Review Appeal Committee shall be qualified electors in the City of Aspen and residents of the city for two (2) years prior to appointment ill the event that any member is no longer a qualified elector, the city council shall terminate the appointment of such a person asa member of the Design Review Appeal Committee, 4 .,1.," Il.\< ~.', '0;,(,. ~e.." 10\ '~, Section 10: Section 4-504 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board, which text shall read as follows: A. The Design Review Appeal Committee shall be composed of five (5) members and one (1) alternate member who shall be appointed by the city council and city council shall designate an alternate member. Three members from the Historic Preservation Committee and two members, plus the alternate shall be selected from the Planning and Zoning Commission. There shall be no restraint on the number of terms any member may serve, An alternate member shall attend all meetings and shall be allowed to vote in the absence of regnlar members. When a regular member resigns, the alternate shall automatically be designated as a regular member in replacement and another alternate, from the Committee. B. Members shall serve in accordance with the laws of Colorado and may be removed before the expiration of their appointment by a majority vote of the city council. C. At an IDnual organizational meeting, the members of the Committee shall elect one of their members as chairperson and one as vice-chairperson. The chairperson shall be elected for one yea and shall be eligible for reelection, D. The chairperson of the Design Review Appeal Committee shall administer oaths, shall be in charge of all proceedings before the Committee, shall decide all points of order on procedure, and shall take action as shall be necessary to preserve the order and the integrity of all proceedings before the Committee. E. The secretary of the Design Review Appeal Committee shall be the city clerk or the city clerk's designee, The secretary shall keep the minutes, and maintain the files of all reports and actions of the Committee, F. Any members who has four (4) or more unexcused absences from regular meetings during the calendar year may be subject to removal by the city council. Section 11: Section 4-505 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board, which text shall read as follows: The Community Development Department shall be the professional staff of the Design Review Appeal Committee, Section 12: Section 4-506 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board" which text shall read as follows: No meeting of the Design Review Appeal Committee shall be called to order, without a qnorum consisting of at least three (3) members of the Committee being present, No meeting at which less than a quorum shall be present shall conduct any bnsiness other than to continue the agenda items to a date certain. 5 -;" 'i(" ::~.~- "-" ~. @.'", ~ .";;:'1."_ The concurring vote of three (3) members of the Design Review Appeal Committee then present and voting shall be required to decide any appeal, reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement of the Residential Design Standards or to approve any variance to the Residential Design Standards, All other actions shall require the concurring vote of a simple majority of the members of the Committee then present aud voting. Section 12: Section 4-507 of Chapter 24 of the Aspen Municipal Code is amended to rename the Design Review Appeal Board., which text shall read as follows: Section 4-507. Meetings, hearings and procedure. A. Meetings of the Design Review Appeal Committee shall be held on the second Thursday of each month when necessary, Special meetings may be called by the chairperson, the vice-chairperson when the chairperson is absent, or in writing by three (3) members of the Committee. B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least five (5) days prior to the hearing before the Committee. C. All applications for appeals to the Design Review Appeal Committee shall be accompanied by a fee, as established from time to time by the City Council, to defray the cost of processing the application. Section 13: Section 7-301 of Chapter 24 of the Aspen Municipal Code definition of "Exemptions" subparagraph "D" is hereby amended, which text shall read as follows: D. Exemptions: No application for a residential development order shall be exempt for the provisions of this Section unless the Planning Director determines that the proposed development: a. adds floor area but does not alter the exterior or an existing structure; or b. is an addition or remodel of an existing structure that does not change the exterior of the building; or c. repair of existing architectural features, replacement of architectural features when found necessary for the preservation of the structure, and similar remodeling activities which create no change to the exterior appearance of the structure and have no impact on its character. Section 14: Section 7-301 of Chapter 24 of the Aspen Municipal Code is amended to add a new subparagraph "E", which text shall read as follows: E. Minor Development. 6 .~ \,.. .~ \1.~~. e Definition. Minor Development, as applicable to the Design Review Standards, shall be defined as follows: a, Erection of an awning, canopy, sign, fence or other similar attachments to, or accessory features of a structure; or b, Remodeling of a structure where alterations are made to not more than one element of the structure, including but not limited to a roof, window, door, skylight, ornamental trim, siding, kickplate, dormer, porch, staircase, and balcony; or c. Expansion or erection of a structure, wherein the increased floor area of the structure is two hundred fifty (250) square feet or less; or d, Erection or remodeling of combinations of no more than three (3) of the following features; awnings, canopies, signs, fences, and other similar attachments,; or windows, doors, skylights and dormers. Erection of more than three (3) features may be defined as minor if there is a finding that the cumulative impact of such development is minor in its effect on the character of the structures. Section 15: Section 7-301 of Chapter 24 of the Aspen Municipal Code is amended to add a new subparagraph "F", which text shall read as follows: F. Major Development. Definition. Major Development, as applicable to the Design Review Standards, shall be defined as follows: a. Erection or remodeling or combinations of any single feature of a structure which has not been determined to be minor; or b. Expansion or erection of a structure wherein the increase in floor area of the structure is more than two hundred fifty (250) square feet; or c. Construction of a new residential structure within the City of Aspen,' Section 16: Section 7-302 of Chapter 24 of the Aspen Municipal Code "Pre-application conference" is hereby amended, which text shall read as follows: Pursuant to Section 6-201. Pre-aOJ?lication Conference. An applicant shall conduct a pre- application conference with staff of the planning division of the Community Development Department At the conference the planner shall make a determination if the proposed project is exempt from Ordinance 30, or the project is a major or minor development, as defined in Section 7-301. The planner shall provide the appropriate application packet which shall include the Submission Reqnirements of the Administrative Checklist and any other pertinent land use material. 7 -- .~, \~,< c_ Section 17: Section 7-304 of Chapter 24 of the Aspen Municipal Code "Residential Design Standards" subparagraph 4, definition of "primary mass" is hereby amended, which text shall read as follows: 4. Primary Mass A primary mass is a building volume for which two of the following characteristics do not vary; plate height, ridge height, wall plane, The floor area of a primary mass in excess of 70% of total allowable floor area shall be multiplied by 1.25, Incidental exterior features that break a roof or wall plane such as dormers or bay windows are not considered as changing a plate height, ridge height or wall plane, Section 18: Section 7-304 of Chapter 24 of the Aspen Municipal Code "Residential Design Standards" subparagraph 6 (a) "Accessory Dwelling Unit or Linked Pavilion" is hereby amended, which text shall read as follows: 6. a. Accessory dwelling unit or linked pavilion. For the purposed of calculating for floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of two hundred fifty (250) square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit whichever is less, An accessory dwelling unit separated from a principle structure by a distance of no less than ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet, shall be calculated at fifty percent of allowable floor area up to seven hundred (700) square feet of floor area, Any element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6) feet wide and ten (10) feet long, Section 19: 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 providing, and the same shall be conducted under such prior ordinances, Section 20: 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 21: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance, in the office of the Pitkin County Clerk and Recorder. 8 ~", ~. tA" \., -.'1,' \\ . "'~ Section 22: A public hearing on the Ordinance shall be held on the 13th day of November, 1995 at 5 :00 pm in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED ~LISHED Council of the City of Aspen on the ;e:j 1995, as ProVi~ law, b::Je City day of ~ , r{7~ John Bennett, Mayor ATTEST: ., xf ;L~ oeh, City CI~ daYOf~ /3 FINALLY, adopted, passed and approved this 1995, _~....-17~ John Bennett, Mayor ATTEST: 9