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HomeMy WebLinkAboutordinance.council.020-99 ORDINANCE NO. 20 (Series of 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO CHAPTER 26.410, RESIDENTIAL DESIGN STANDARDS, OF THE MUNICIPAL CODE LAND USE REGULATIONS WHEREAS, pursuant to the procedures and provisions set forth in Chapter 26.310 of the Aspen Municipal Code, the Community Developmem Department has formally proposed amending in total Chapter 26.410 of the Aspen Municipal Code in an effort the clarify and simply the format and intent of Residential Design Standards; and WHEREAS. pursuam to Section 26.310.030. Procedure for Amendment. of the Aspen Municipal Code. a development application for amendment m the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development 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 Community Development Department prepared the proposed amendments and recommended approval to the Plann'mg and Zoning Commission; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments and did conduct a properly noticed public hearing on March 31. 1998, at which the Commission approved by a 5 to I vote the proposed text amendments, with minor changes; and WHEREAS, the Aspen City Council has reviewed and considered the proposed amendments as addressed in the Community Development memorandum prepared by ~ulie Ann Woods and dated June 14, 1999, together with the proposed amendments as put forth in the attached Exhibit 1, and has reviewed and considered those recommendations of the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the text amendments as drafted, are consistem with the goals and element of the Aspen Area Community Plan and meet the criteria of Section 26.310.020 Standards of Review for amendments to the Land Use Code; and WHEREAS, the city Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO. AS FOLLOWS: Section 1. That the City Council hereby amends Chapter 26.410 Residential Design S~andards within the Land Use Code to read as at~ached in Extfibit 1. Section 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any ordinance repealed or amended as herein provided, and the same shall he construed and concluded under such prior ordinances. Section 3. 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 4. A public hearing on the Ordinance shall be held on the 14~ day of June 1999, at 5:00 o'clock pm m the City Council Chambers, Aspen City Hall, 130 S. Galena St. fifteen (15) days prior m such hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED. READ, APPROVED AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 24~ day of May 1999. RacheI E. Richards, Mayor ~o Tem ATTESt: r ~. Kathryn S~ch, dity Clerk FINALLY adopted, passed and approved this 14a~ day of June 1999. ~- -~._...~~ Ra .' ards.-M~o~ProT~m - Chapter 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedure. 26.410.030 Administrative checklist. 26.410.040 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 Aspeffs 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 mainta'ming a certain consistency in front 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. From 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 pub- lic 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 ora neighborhood can be further enhanced by reducing con- flicts between people and automobiles, 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 tra- d'ttion of outbuildings in Aspen, are encouraged. B. Applicability. 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, 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 Planning 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. 26.410.020 Procedures for Review. A. Determination of Applicability. The Community Development Director at a pre-application conference shall make a determination as to whether the proposed project is exempt from the requirements of this chapter. If it is determined that the design review standards shall apply to the proposed project, the applicant shall receive an application form for Residential Design Standards review, which shall include a copy of the administrative checklist referenced at Section 26.410.030. B. Determination of Consistency. Upon receipt of an application for Residential Design Standards review, the Community Development Director shall deter- mine if the development plan is consistent with the Residential Design Standards set forth at Section 26.410.040. 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 forth below. D. Variances. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Design Review Appeal Committee as established in Chapter 26.222. 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. 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 resi- dential buildings that address the street in a manner which creates a consistent "facade 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 bound- aries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- Yes. No. cipal structures shall be par- allel to the street. On comer 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. One element, such as a bay window or dormer, placed at a front comer of the building may be on a diagonal from the street if desired, 2. Build-to lines. On parcels or lots of less than. Yes. ] No. Yes. 15,000 square feet, at least 60% of the front fagade shall be within 5 feet of the minimum front yard setback line. On comer sites, at least 60% of both street facades of the building shall be within 5 feet of the minimum setback lines. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more Yes. than forty-two inches (42") ~~ high, measured from natural _ grade, in all areas forward of the front facade of the house. Man-made berms are prohib- ited in the front yard set- back. 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 developmem of accessory traits off of the City alleys, and by preserving solar access. 1. Secondary Mass. All new 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. ~'- Accessory buildings such as '~- ~ garages, sheds, and -~ Accessory Dwelling Units are examples of appropriate uses for the secondary mass. C. PARKING, GARAGES AND CARPORTS. The intent of the following park- ing, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile Waffle 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 Alley. · uses, parking, garages, and [ I ~I~!' ~q°" ' I~s~ Carports shall be accessed ,,[_z~t---~ ! from an alley or private road yes. Street. 2. For all residential uses that do not have access from an alley or private road, the following standards shall be met: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet ]~1 .... greater than the width of the garage or carport. [ J b. The front facade of the garage or the frontmost I supporting colunm of a car-  port shall be set back at least ten feet (10' 0") further from ~1, the street than the frontmost .~ wall of the house. ~-x c. On lots of at least 15,000 square feet in size, 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 ~~1 ,~~ driveway cut within the front ~ yard setback shall not exceed - ~ -~- two (2) feet in depth, mea~ < 2 sured from natural grade. e. The vehicular entrance width ora garage or carport shall not be greater than twenty-four feet (24'). f. The garage doors ~ shall be single stall doors. ~1 ~ <'24 '~ .4' 1). BUILDING ELEMENTS. The intent of the following building elements stan- dards 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 homes, town, houses, and duplexes shall have a street-oriented entrance and a street facing principal window~ In the case oftownhouses and accessory units facing courtyards or gardens, entries and principal windows should face those features, On comer lots, entries and principal win- dows should face whichever street has a greater block length. Multiple unit residen- tial buildings shall have at least one Street- oriented entrance for every four (4) units, e i I i } { i i [ and front units must have a street-facing principal window. This standard 'shall be satisfied if all of the following conditions are met: a. The entry dqor shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry Porch of fifty (50) or more square feet, with a minimum depth Of six feet (6~), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street-facing prin- cipal window requires that a significant window or group of windows face street. One story Element--> <-- Principal Window. 2. One story_ element. All residential buildings shall have a one-story street facing element the width of which comprises at least twenty (20) percent of the building's overall width. For example, a .one story element may be a porch roof, architectural pro- jec. tion, or living space. 3. Windows. a. Street facing windows shall not -- span through the area where a second floor level would typically exist, ,/ 7?: .. which is between nine (9) and twelve ~ -- i' :."No v~indow zone" feet (12) above the finished first floor.[ '~ ~'- :;:~"" ' '. For interior staircases, this measure- ment will be made from the first land- 12' lng if one exists. A transom window 9'~~~ ~ ':~-'- above the main entry is exempt from this standard. / All street facing areas with an exterior expression of plate height greater than ten (10) feet shall be counted as two (2) square .feet for each one (1) square foot of floor area. Exterior expression shall be defined as facade penetrations between nine (9) and twelve (12) feet above the level of finished floor.  b. No more than one non-orthogonal ~~' ofwind°Wthe building.Shall be allowed on each facade Orthogonal A single non-orthogonal window in a O~~ gable end may be divided with mullions Non-Orthogonal and still be considered one non- orthogonal window. 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wail of the building. SU'eet ~ ,o 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 follo~ving standards must be met: a. The quality of the exterior materials and shall be consistent on all sides of the building. Yes. No. b. Materials shall be used in ways that are true to. their characteristics. For light or non-bearing materi- al, shall not be used below a heavy material, such as stone Yes. No c. Highly reflective sur- faces shall not be used as exterior materials. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over: a, Ifaone (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. If... Then. A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fitly usable living space, at least 12 feet wide across the street frontage. This standard shall be met by pro- viding a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent build- ing is one story.