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HomeMy WebLinkAboutresolution.apz.011-05RESOLUTION NO. 11 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a duly-noticed public hearing, considered the recommendation of the Community Development Director and took public testimony for the Code Amendments cited above; and, WHEREAS, the Planning and Zoning Commission finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission £mds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on March 15, 2005, the Planning and Zoning Commission recommended, by a seven to zero (7-0) vote, the City Council approve the amendments to Section 26.410, Residential Design Standards, as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in from setback patterns there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front facade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street-facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and amomobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below this section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district: 1. Only the fbllowing standards shall apply to multi-family housing: Section 26.4 l 0.040(A)( 1 ), building orientation, Section 26.410.040(C)(1 )(a), access or, if not applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D), building elements, as outlined in said section for multi-family buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with al.~l of the standards. 3. Parcels not located in the Aspen Infill Area are required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non-orthogonal windows and Section 26.410.040(E)(2), inflection, in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed-use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended fbr vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. 26.410.020 Procedures for Review. A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre-application conference to determine as to whether the proposed project is exempt from the requirements of this chapter. B. Determination of Consistency. Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre-application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set fbrth below. D. Variances. 1. Administrative Variances. The applicant, may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary tbr reasons of fairness related to unusual site-specific constraints. The Communi~ty Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040~ which do not meet Section 26.410.020(D) above may be granted by the Planning and Zoning Commission or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular 4 standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "faqade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building oriemation The from facades of all prin- cipal structures shall be par- allel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. Yes. No. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. Build-to lines. On Yes. No. ! Yes. parcels or lots of less than 15,000 square feet, at least 60% of the front facade shall be within 5 feet of the minimum front yard setback line. On comer lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the from thcade of the house. Man-made berms are prohib-. ited in the front yard set- back. No B. BUILDING FORM. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. 1. Secondary Mass. All new single family and duplex structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not more than ten (10) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential that have access from an alley or private road, the tbllowing standards shall apply: a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a street or alley, then they shall be single-stall doors, or double-stall doors designed to appear like single-stall doors. c. If the garage doors are not visible from a street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side-loaded). d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). b. The front facade of the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. c. On lots of at least 15,000 square feet in size, fi If the garage doors are visible from a public street or alley, then they shall be single-stall doors, or double-stall doors designed to appear like single-stall doors. D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homesand duplexes, except as outlined in Section 26.410.010(B)(4)shall have a street-oriented entrance and a street facing principal window Multi-family units shall have at least one street-oriented entrance for every four (4) units, and front units must have a street-facing principal window. On corner lots, entries and principal win- dows should face whichever street has a greater block length. Block Length /~/ This standard shall besatisfied if all of the following conditions are Inet: a. The entry door shall face the street and be no more than ten feet (10'0") back from the ti:ontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of'fitly (50) or more square feet, with a minimum depth of six feet (6'), shall be part of the front facade. Entry porches mid canopies shall not be more than one story in height. c. A street-lacing prin- cipal window requires that a significant window or group of windows face street. One Story Element~ <--Principal Window. 2. First story element. All residential buildings shall have a first-story street-facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first-story element is prqiecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first-story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front faCade shall not be precluded. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made t¥om the first land- ing if one exists. A transom window above the main entry is exempt from this standard. b. No more than one non-orthogonal '.i. ~ "No window i;! ~one" ' window shall be allowed on each facade of the building. A single non-orthogonal window in a gable end may be divided with mullions and still be considered one non- orthogonal window. The requirement shall only apply to 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. Street Section 10 E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non-bearing materi- al, shall not be used below a heavy material, such as stone. c. Highly reflective sur- faces shall not be used as exterior materials. Yes. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. 11 A one story building shall be defi~ d as tbllows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (I 2) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or docmnentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if ~'ully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or anconstitutional 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 thereot: Approved by the Commission at its regular meeting on March 15, 2005. APPROVED AS TO FORM: City Attorney ATTEST: PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair P' k) 12 n, Deputy City Clerk 13