HomeMy WebLinkAboutresolution.apz.034-00 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT THE ASPEN CITY COUNCIL ADOPT
AMENDMENTS TO THE ASPEN LAND USE CODE TO BETTER
CONTROL THE SIZE OF DWELLING UNITS BEING BUILT IN ASPEN
Resolution # 00 - ~
WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen
directed the Planning Director of the Community Development Department to propose
amendments to thc Land Use Code to better control the size of dwelling units being built
in Aspen; and
WHEREAS, in response to this direction, the Planning Director prepared the research paper
"Evaluation of Techniques to Control House size in Aspen", dated January, 2000; and
WHEREAS, a work session was held with the Aspen City Council, Planning and Zoning
Commission, and Historic Preservation Commission on Februaxy 22, 2000, at which time a
tour of selected residential sites within the City was conducted and a discussion of the
research paper was held; and
WHEREAS, the outcome o£ the work session was that direction was given to the Planning
Director to prepare certain amendments to the Aspen Land Use Code; and
WHEREAS, pursuant to Section 26.310 of the Aspen Land Use Code, applications to amend
the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Planning Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and
WHEREAS, the Planning Director recommended approval of the amendments to the Land
Use Code as are described herein; and
WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the
proposed amendments to the Aspen Land Use Code to better control the size of dwelling
units being built within the City limits on June 13, 2000, and continued the hearing to June
27, 2000, and then to July 25, 2000, took and considered public testimony, and considered
the recommendations of the Planning Director; and
WHEREAS, at the conclusion of the public hearing on August 1, 2000, the Planning and
Zoning Commission unanimously approved the proposed amendments to the Aspen Land
Use Code to better control the size of dwelling units by a vote of 7 in favor to 0 against.
NOW, THEREFORE, BE IT RESOLVED by the Commission, that the following
amendments be made to Chapter 26 of the Municipal Code, the Aspen Land Use Code:
Section 1:
That Section 26.710.040 D.10, be repealed and re-enacted to replace the tables that establish
the external floor area ratio for detached residential dwellings and duplex dwellings in the
R-6 zone district with the tables labeled "Exhibit 1" and "Exhibit 2" that are attached hereto.
Section 2:
That Section 26.710.050 D.10, be repealed and re-enacted to replace the tables that establish
the external floor area ratio for detached residential dwellings and duplex dwellings in the
R-15 zone district with the tables labeled "Exhibit 3" and "Exhibit 4" that are attached
hereto.
Section 3:
That Section 26.710.130 D.10. be repealed and re-enacted to read as follows:
10. External floor area ratio (applies to conforming and nonconforming lots of record): same
as R-15 zone district.
Section 4:
That Section 26.710.220 D.10 be repealed and re-enacted to read as follows:
10. External floor area ratio (applies to conforming and nonconforming lots of record): same
as R-15 zone district.
Section 5:
That Section 26.$75.020 A.3. he repealed and re-enacted to read as follows:
Garages, Carports, and Storage Areas. For the purpose of calculating floor area ratio and
allowable floor area for a lot whose principal use is residential, the area included within
garages, carports, and storage areas shall be calculated as follows:
a. Garages, carports, and storage areas shall be excluded from residential floor area
calculations in all zone districts, except the R-ISB zone district, as follows:
Size of Garage,
Carport, or Storage Area Area Excluded Per Dwelling Unit
0 to 250 s.f. 100% of the area (maximnm of 250 s.f.)
251 s.f. - 500 s.f. 50% of the area (maximum of additional 125 s.f.)
500+ s.f. No additional exclusion permitted
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For purposes of determining the amount of this exclusion per unit, the area of all
garages, carports, and storage areas on the parcel shall be aggregated.
b. The garage, carport, or storage area shall only be eligible for the amount of the
exclusion shown in sub-section a. if the floor area that is developed on the property
does not exceed three thousand five hundred (3,500) square feet. If the floor area
developed on the property exceeds three thousand five hundred (3,500) square feet,
then the maximum allowable exclusion for the garage, carport, or storage area shall
be reduced by five (5) s.f. for each additional twenty (20) s.f. of floor area developed
on the property.
c. For any dwelling unit that can be accessed from an alley or private road entering at
the rear or side of the dwelling unit, the garage or carport shall only be eligible for
the exclusions described in sub-sections a. and b. if it is located along said alley or
road.
d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded
from residential floor area calculations up to a maximum of five hundred (500)
square feet per dwelling unit.
Section 6:
That Sections 26.710.040 D., 26.710.050 D., 26.710.060 D., 26.710.080 D., 26.710.090 D.,
26.710.100 D., 26.710.130 D., 26.710.140 D., 26.710.150 D., 26.710.180 D., 26.710.190 D., and
26.710.220 all be amended by the addition of a new subsection 11, to read as follows:
11. Maximum ~4llowable ~'olume (cubic feeO: 9 multiplied by the maximum allowable
floor area of the lot. This requirement shall only apply to dwelling units.
Section 7:
That Section 26.575.020 A.5., Volume, be deleted and a new Section 26.575.020 E. be added
to read as follows:
E. Volume
1. ~. The volume of a dwelling shall be calculated by first dividing all of
the areas within the dwelling that count as floor area into distinct rooms, corridors,
or other spaces, and then multiplying the floor area of each room, corridor, or other
space by the plate height of that room, corridor, or other space.
2. Different Plate Heights. Where any room, corridor, or other space in a dwelling has
walls with different plate heights, volume shall be calculated by using the average of
all of the plate heights within the room, as illustrated in the following figure:
3
(Figure 5, which is attached to this Resolution, will be inserted here)
Section 8:
That Section 26.104.100, Definitions, be amended to include the following new definition:
Plate Iteight. The point at which there is an inflection in an interior wall, where the wall
meets the ceiling of the room.
.Section 9:
That Section 26.104.100, Definitions, be amended by repealing the definition of "Height,
building" and replacing it with the following new definition:
Height, building. The height of a building shall be the maximum distance possible measured
vertically from natural grade at any point within the interior of the building; and from
natural or finished grade (whichever is lower) at any point around the perimeter of the
building to the highest point or structure within a vertical plane. (See Supplementary
Regulations - Section 26.575.020, Measurements and Calculations).
Section 10:
That Section 26.710.040 D.10 be amended to repeal the note in the floor area ratio table
and to replace it with the following new language:
* Total external floor area for two detached residential dwellings on a lot of 6,000 sq. ft. or
greater containing a historical landmark, or for two detached residential dwellings on a lot
of 9,000 s.f. or greater that does not contain a historical landmark, shall not exceed the floor
area ratio allowed for one duplex. Total external floor area ratio for a duplex on a lot
between 6,000 and 9,000 square feet containing a historical landmark shall not exceed the
floor area allowed for one detached residential dwelling.
_Section 11:
That Section 26.710.040 D.$., Minimum Side Yard in the R-6 Zone District be amended as
shown on Exhibit 5, which is attached hereto.
Section 12:
That Section 26.710.140.D.7, CC Zone District Dimensional Requirements, be repealed and
re-enacted to read as follows:
7. .Maximum Height (feet): 40, not to exceed 4 stories above grade, except for detached
residential dwellings which shall be limited to 25' in height.
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Section 13:
That Section 26.710.150.D.7, C-1 Zone District Dimensional Requirements, be repealed and
re-enacted to read as follows:
7. _Maximum Height (feet): 40, not to exceed 4 stories above grade, except for detached
residential dwellings which shall be limited to 25' in height.
Section 14:
That Section 26.710.190.D.7, L/TR Zone District Dimensional Requirements, be repealed
and re-enacted to read as follows:
7. Maximum Height (feet): 28, except for detached residential dwellings which shall be
limited to 25' in height.
Section 15:
That Section 26.710.220.D.7, C Zone District Dimensional Requirements, be repealed and
re-enacted to read as follows:
7. _Maximum Height (feet): 25.
Section 16:
That Section 26.710.150:B.9, C-1 Zone District Permitted Uses, be repealed and re-enacted
to read as follows:
9. Detached residential dwellings designated as historic landmarks and multi-family
dwellings.
Section 17:
o~ffat Section 26.104.100, Definitions, be amended, by repealing and re-enacting the definition
"dwelling, duplex" as follows:
Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2)
attached units in either an over-and-under or side-by-side configuration having a common
un-pierced wall of at least one story in height and ten (10) feet in length, or a common un-
pierced wall/ceiling as applicable. Each unit in the duplex shall contain no less than twenty-
five percent (25%) of the total floor area of the duplex structure.
Section 18:
That Section 26.304.030, Application and Fees, be amended by adding a new subsection C.,
and by renumbering existing Subsections C. and D. to D. and E. The new subsection shall
read as follows:
C. Building Model. The applicant shall prepare an accurate three dimensional massing
model, built to scale, that depicts the proposed development, any existing buildings
on the site that will remain following the proposed development, topography on the
site, with a contour interval of not less than 2', and significant existing and proposed
vegetation.
1. The model shall only be required for an application that proposes the
development of a new building or the expansion of an existing building that
is subject to review by the City Council, the Planning and Zoning Commission,
the Board of Adjustment, the Historic Preservation Commission (for
significant development only), the Design Review Appeal Committee, or the
Growth Management Commission. The Planning Director is authorized to
waive the requirement for submission of a model if the Director determines
that the model would not be germane to the review of the development
application by the decision making body.
2. Before preparing the model, the applicant shall confer with the Planning
Director to determine whether the model should also show topography and
existing buildings on properties adjacent to the subject property, to provide a
neighborhood context for the proposed development.
3. The applicant shall provide the model for inspection by the Planning Director
no less than one (1) week prior to the initial meeting at which the application
will be reviewed by a decision making body so the Director may confirm the
accuracy and completeness of the model.
4. Following conclusion of the review of the project, the applicant shall submit
photographs of the model so documentation of the appearance of the model
can be part of the record of the application.
BE IT ALSO RESOLVED by the Commission that within twelve months of the effective
date of these regulations, the Commu¢ity Development Department shall report to the
Planning and Zoning Commission and the City Council on the effectiveness of the new
volume control provisions that are established herein, identifying any problems that have
arisen with administering them and whether any further amendments are required.
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APPROVED by the Commission at its regular meeting on August 1, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Cie~ AttOrney ~ Robert Blaich, Chair
ATYEST:
~fl~ckie Lothia~n, Deputy City Clerk
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Exhibit 1
Lot Size (Square Feet) Allowable Floor Area
0-3,000 80 square feet of floor area for each 100 square feet in
lot area, up to a maximum of 2,400 square feet of floor
area
3,000 - 6,000 2,400 square feet of floor area, plus 25 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,150 square feet of floor area
6,000 - 9,000 3,150 square feet of floor area, plus 5 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,300 square feet of floor area
9,000 - 15,000 3,300 square feet of floor area, plus 4 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,540 square feet of floor area
15,000 - 50,000 3,540 square feet of floor area, plus 3 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 4,590 square feet of floor area
50,000+ 4,590 square feet of floor area, plus 2 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 5,000 square feet of floor area
Exhibit 2
Lot Size (Square Feet) Allowable Floor Area
0-3,000 90 square feet of floor area for each 100 square feet in
lot area, up to a maximum of 2,700 square feet of floor
area
3,000 - 6,000 2,700 square feet of floor area, plus 25 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,450 square feet of floor area
6,000 - 9,000 3,450 square feet of floor area, plus 10 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,750 square feet of floor area
9,000 - 15,000 3,750 square feet of floor area, plus 5 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 4,050 square feet of floor area
15,000 - 50,000 4,050 square feet of floor area, plus 3 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 5,100 square feet of floor area
50,000+ 5,100 square feet of floor area, plus 2 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 6,000 square feet of floor area
Exhibit 3
Lot Size (Square Feet) Allowable Floor Area
0-3,000 80 square feet of floor area for each 100 square feet in
lot area, up to a maximum of 2,400 square feet of floor
area
3,000 - 6,000 2,400 square feet of floor area, plus 25 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,150 square feet of floor area
6,000 - 9,000 3,150 square feet of floor area, plus 20 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,750 square feet of floor area
9,000 - 15,000 3,750 square feet of floor area, plus 10 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 4,050 square feet of floor area
15,000 - 50,000 4,050 square feet of floor area, plus 3 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 5,000 square feet of floor area
50,000+ 5,000 square feet of floor area
Exhibit 4
Lot Size (Square Feet) Allowable Floor Area
0-3,000 90 square feet of floor area for each 100 square feet in
lot area, up to a maximum of 2,700 square feet of floor
area
3,000 ~ 6,000 2,700 square feet of floor area, plus 25 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 3,450 square feet of floor area
6,000 - 9,000 3,450 square feet of floor area, plus 20 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 4,050 square feet of floor area
9,000 - 15,000 4,050 square feet of floor area, plus $ square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 4,650 square feet of floor area
15,000 - $0,000 4,650 square feet of floor area, plus 3 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 5,700 square feet of floor area
$0,000+ $,700 square feet of floor area, plus 2 square feet of
floor area for each additional 100 square feet of in lot
area, up to a maximum of 6,000 square feet of floor area
Exhibit 5
/ Minimum Size for Minimum Total of Both Side Yards*
Each Side Yard
0 - 4,500 5 feet 10 feet
4,500 - 6,000 5 feet 10 feet, plus 1 foot for each additional 300
square feet of lot area, to a total of 15 feet
of side yard
6,000 - 8,000 5 feet, plus 1 foot for 15 feet, plus 1 foot for each additional 200
each additional 400 s.f. square feet of lot area, to a total of 25 feet
of lot area, to a minimum of side yard
of 10 feet per side yard
8,000 -10,000 10 feet, plus 1 foot for 25 feet, plus I foot for each additional 200
each additional 400 s.f. square feet of lot area, to a total of 35 feet
of lot area, to a minimum of side yard
of 15 feet per side yard
10,000+ 15 feet 35 feet, plus 1 foot for each additional 400
square feet of lot area, to a total of 50 feet
of side yard
The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
Lot Size Minimum Size for Minimum Total of Both Side Yards*
(square feet) Each Side Yard
0 - 7,500 10 feet 20 feet
7,500 - 10,000 10 feet, plus 1 foot for 20 feet, plus 1 foot for each additional 300
each additional 500 s.f. square feet of lot area, to a total of 32.5 feet
of lot area, to a minimum of side yard
of 15 feet per side yard
10,000+ 15 feet 32.5 feet, plus 1 foot for each additional 200
square feet of lot area, to a total of 50 feet
of side yard
* Two detached residential dwellings located on one lot shall not be subject to the combined
side yard setback requirements, provided that the minimum setback between the two
detached dwellings on the lot shall be 10'.
For purposes of calculating the minimum side yard setback for lots within the Hallam Lake
Bluff Environmentally Sensitive Area (ESA), the area below the top of slope shall be
subtract.ed from lot size.