HomeMy WebLinkAboutresolution.apz.007-95 Resolution No. 95-2
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING TO THE ASPEN CITY COUNCIL AMENDMENTS TO THE ASPEN
MUNICIPAL CODE REGARDING THE FOLLOWING SECTIONS:
18-3.3 Housing Replacement Requirements
24-3-101 Definitions: Satellite Dish Antenna, Fence
24-5-201, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-5-206.1,
24-5-206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-5-211,
24-5-212, 24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217,
24-5-218, 24-5-219, 24-5-220 Individual Zone Districts,
Conditional Uses: Delete Satellite Dish Antennas
24-5-506 Domestic Animals
24-5-511 Supplemental Regulations: Landscape Maintenance
24-5-512 Supplemental Regulations: Satellite Dish Antennas
24-5-702 Calculation of Affordable Housing Impact Fee
24-7-503 8040 Greenline Review
24-7-504 Stream Margin Review
24-7-804 Specially Planned Area Insubstantial Amendments
24-7-907 Planned Unit Development Insubstantial Amendments
24-7-1003 Subdivision Exemptions: Lot Splits and Lot Line
Adjustments
24-7-1005 Subdivision Agreement: Condominium Plat Recordation
24-7-1006 Amendment to Subdivision Development Order
WHERE~S, the Community Development office, the Planning and
Zoning Commission, the City Council and citizens of Aspen have,
through their use of the land use regulations within the Aspen
Municipal Code, realized the need to amend sections of said Code
in order to streamline processes, remove conflicts, or otherwise
update regulations to provide for better land use decisions; and
wa~REAB, it is a continuous goal of the City Council and
Planning and Zoning Commission to make the land use regulations
respond to the changing conditions in the City of Aspen; and
WHEREAS, the Planning office has been compiling a list of
needed code amendments to present to the Planning and Zoning
Commission and City Council to review in a comprehensive manner;
and
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 public hearing, and then approved, approved with conditions, or
disapproved by the City Council at public hearing; and
WHEREAS, the Planning and Zoning Commission reviewed the
proposed amendments and did conduct a public hearing thereon on
February 21 and March 21, 1995; and
wHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the 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 Municipal Code; and
WHEREAS, the Planning and Zoning Commission finds that the
text amendments meet or exceed all applicable development standards
and is consistent with the goals and elements of the Aspen Area
Community Plan; and
WHEREAS, the Planning and Zoning Commission finds that these
amendments further and is necessary for public health, safety, and
welfare and the proposed text amendments will allow and promote
compatibility of zone districts and land uses with existing land
uses and neighborhood characteristics and will be consistent with
the public welfare and the purposes and intent of Chapter 24 of the
Municipal Code.
NON, THEREFORE BE IT RESOLVED by the Commission that it does hereby
adopt Resolution No. 95-__, amending the Municipal Code of the City
of Aspen.
AND, NOW, THEREFORE BE IT RESOLVED by the Commission that is does
hereby recommend to the City Council of the city of Aspen approval
of Resolution No. 95-__.
AI~D, NOW THEREFORE BE IT
it does hereby recommend
Municipal Code:
FINALLY RESOLVED by the Commission that
the following amendments to the Aspen
1)
Section 18-3.3 Housing Replacement Requirements.
(a) minimum replacement requirement (unchanged)
(b) location of replacement housing (unchanged)
(c) timing and quality of replacement unit (unchanged)
2)
a)
IV. Rental and Resale Restrictions
Replacement units shall be subject to deed restriction in a
form and substance acceptable to the city Council. such deed
restricted units may only be rented or sold to tenants or
buyers who meet the City's qualifications in effect at the
time of sale or rental, and at sale prices or rental rates
which are also in compliance with the City's current
regulations m~ . A--~A~ ~A ~ ~ ~ ~
First priority for rental or sale occupancy of replacement
units shall go to the tenants who rent the units at the time
of demolltion of said units. Prior to the approval of any
building permits for demolition or reconstruction of units
required by this section, the applicant shall provide a list
of all units and their occupants, and a statement signed by
each occupant which apprises said persons of their priority
to rent or buy replacement units so long as they gualify under
the Housing Guidelines and deed restrictions. The mix of
affordable housing units, as between TM ..... ~--~- ~-~ -~==~-
income Categories i through 4, or resident occupied, may be
determined by the owner, provided that no less than 20% of the
bedrooms qualify as ~ Category i and no more than
20% of the units are available as resident occupied units.
Section 24-3-101 Definitions:
Fence means a structure, including berms and foliage, which
serves as a barrier intended to prevent escape or intrusion,
to mark a boundary, to shield or screen view, or to serve any
similar purpose. Fences shall be permitted in every zone
district provided that no fence shall exceed six (6) feet
above natural grade. Fences visible from the public right-
of-way shall be constructed of wood, stone, wrought iron or
masonry. On corner lots, no fence, retaining wall, or similar
object shall be erected or maintained which obstructs the
traffic vision, nor on corner lots shall any fence, retaining
wall, or similar obstruction be erected or maintained which
exceeds a height of forty-two (42) inches, measured from
street grade, within 30 feet from the lot corner. Plans
showing proposed construction, material, location and height
shall be presented to the building inspector before a building
permit for a fence is issued.
b)
satellite dish antenna or satellite radio frequency signal
reception and/or transmission device means a dish-shaped or
parabolic-shaped reception or transmission device,
........ ' ~ ..... ~- ~ ...... ~ ~- =~---ter which is used
for the reception and/or transmission of satellite signals,
including but not limited to television signals, AM radio
signals, FM radio signals, telemetry signals, data
3
communication signals, or any other reception or transmission
signals using free air space as a medium, whether for
commercial or private use, provided: [the rest of the section
remains the same]
3) Sections: 24-5-201, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-
5-206.1, 24-5-206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-
5-211, 24-5-212, 24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217,
24-5-218, 24-5-219, and 24-5-220: Individual Zone Districts, lists
of Conditional Uses: delete Satellite Dish Antennas as Conditional
Uses (numbers vary per Section)
4) Section 24-5-506. Delete as follows:
5) add Section 24-5-511. Landscape Maintenance
A. Landscaping shown on any approved site development plan
shall be maintained in a healthy manner for a minimum three
(3) year period. In the event that plant materlal dies, the
owner of the property shall replace the plant material with
similar quality within 45 days of notification by the Zoning
Enforcement officer. If seasonal or cultural constraints do
not allow plantlng of the approved plant material within 45
days the owner may in writing seek permission from the
Community Development Director to:
Provide financial assurances equal to 120% of the amount
of the replacement landscaping and installation costs as
approved by the Parks Department, and in a form
satisfactory to the city Attorney. The completion of the
landscape replacement shall be accomplished no late than
June 15 cf the next planting season, otherwise the
financial assurances shall be forfeited to the city.
2) Submit for approval a revised landscape plan.
Failure to comply with the replanting requirement will
constitute a violation of this section and may result in
oomplaint(s) being filed in Munloipal Court.
4
6) add Section 5-512. Sate11ite Dish Antennas
Satellite dish antennas twenty-four (24) inches in diameter
or less must receive appropriate building permits prior to
installation. Sate11ite dish antennas twenty-five (25) inches
or greater in diameter shall be reviewed and approved by the
community Development Director in conformance with the
criteria within Sections 7-304 (B) and (C). The Community
Development Director may apply reasonable conditions to the
approval deemed necessary to insure conformance with said
review criteria. If the Community Development Director
determines that the proposed sate11ite dish antennas does not
comply with the review criteria and denies the application,
or the appllcant does not agree to the conditions of approval
determined by the Community Development Director, the
applicant may apply for conditional use review by the Planning
and Zoning Commission.
Procedures established in Article 6 Ccmmon Development Review
Procedures shall apply to all satellite dish antennas.
7) Section 24-5-702 Calculation of affordable housing impact fee.
The amount of the affordable housing impact fee is based on
the public cost to provide affordable housing as a result of
the activity for which the fee is required. The formula shall
utilize the cash-in-lieu payment established from time to time
by the Aspen/Pitkin County Housing office for moderate income
employees and the square footage of new floor area constructed
as a result of the demolition of a single family or duplex
dwelling unit or the construction of a new single family or
duplex dwelling unit on a previously vacant lot (the floor
area of a demolished dwelling shall be subtracted from the
floor area of the replacement dwelling unit), or the remodel
or expansion cf an existing single family residence into a
duplex dwelling. The formula assumes that for every three
thousand (3,000) square feet of new single family or duplex
floor area that the public will be required to provide housing
for one moderate income employee. The formula to be applied
shall be as follows: cash-in-lieu fee for modcrats the average
of Category 2 and Category 3 income employees in effect at
the time the affordable housing impact fee is due, divided by
three thousand (3,000), and times the new square footage.
8) Section 24-7-503 (C) 8040 Greenline, augment criterium number
11 as follows:
11) Any trail on the parcel designated on the Aspen Area
Community Plan: Parks/Recreation/Open Space/Trails Plan map
is dedicated for public use. Provide access to natural
resources and areas of special interest to the community.
9) Section 24-7-504. Stream Margin
No development shall be permitted within the floodway, with
the exception of bridges or structures for irrigation,
drainage, flood control or water diversion, which may be
permitted by the City Engineer, provided plans and
specifications are~ submitted demonstrating the
structure is engineered to prevent blockage of drainage
channels during peak flows and the Commission determines the
proposed structure complies, to the extent practical, with all
the standards set forth below.
No development shall be permitted within one hundred feet
(100'), measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, or
within the Special Flood Hazard Area where it extends
beyond one hundred feet (100') from the high water line
of the Roaring Fork River and its tributary streams,
unless the Commission makes a determination that the
proposed development complies with all the standards set
forth below:
It can be demonstrated that any proposed develop-
ment which is in the Special Flood Hazard Area will
not increase the base flood elevation on the parcel
proposed for development. This shall be
demonstrated by an engineering study prepared by a
professional engineer registered to practice in the
State of Colorado which shows that the base flood
elevation will not be raised, including, but not
limited to, proposing mitigation techniques on or
off-site which compensate for any base flood
elevation increase caused by the development; and
Any trail on the parcel designated on the Aspen Area
Community Plan, Parks/Recreation/Open Space/Trails
Plan map, or areas of historic publlc use or access
are ~s dedicated via a recorded easement for public
use. Dedications are necessitated by development's
increased impacts to the City's recreation and trail
facilities including public fishing access; and
The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for
development, to the greatest extent practicable; and
There is no vegetation ~e removed or damaged or
slope grade changes (cut or fill) made outside of
a specifically defined building envelope that
bank. A building envelope shall designated by this
e
10.
11.
review and said envelope shall be barricaded prior
to issuance of any demolition, excavation or
building permits. The barricades shall remain in
place until the issuance of Certificates of
Occupancy; and
............. ~ =~ The proposed
development-~---~~ --~"~ ...... ~ = ~ -=-~--- does
not pollute or interfere with the natural changes
of the river, stream or other tributary, including
erosion and/or sedimentation during construction.
Increased on-site drainage shall be accommodated
within the parcel to prevent entry into the river
or onto its banks. Pools or hot tubs cannot be
drained outside of the designated building envelope;
and
Written notice is given to the Colorado Water
Conservation Board prior to any alteration or
relocation of a water course, and a copy of said
notice is submitted to the Federal Emergency
Management Agency; and
A guarantee is provided in the event a water course
is altered or relocated, that applies to the
developer and his heirs, successors and assigns that
ensures that the flood carrying capacity on the
parcel is not diminished; an~
Copies are provided of all necessary federal and
state permits relating to work within the one
hundred (100) year floodplain; and
There is no 4evelopment other than approved native
vegetation planting taking place below the top of
slope or within 15' of the top of slope or the high
waterline, whichever is most restrictive. If any
development is essential within this area, it may
only be approved by special review pursuant to
section 7-404 D. of this Article 7; and
All development outside the 15' setback from the top
of slope does not exceed a height delineated by a
line drawn at a 45 degree angle from ground level
at the top of slope. Height shall be measured and
determined by the Zoning Officer utilizing that
definition set forth at Section 3-101 of this
Chapter 24; and
A landscape plan is submitted with all development
applications. Such plan shall limit new plantings
(includlng trees, shrubs, flowers, and grasses)
7
outside of the designated building envelope on the
river side to native riparian vegetation; and
lZ.
&ll exterior lighting is low and downcast with no
llght(s) directed toward the river or located down
the slope; and
13.
Site sections drawn by a registered architect,
landscape architect, or engineer are be submitted
showing all existing and proposed site elements, the
top of slope, and pertinent elevations above sea
level; and
14. There has been accurate identification of wetlands
and riparian zones.
10) 7-804 E.1. SPA Insubstantial Amendments
An insubstantial amendment to an approved development order
for a final development plan may be authorized by the
Community Development Director ~- " ....... ~ ~ ~: _, __A .... ~ ~
~ ~ ........... The
following shall not be considered an insubstantial amendment:
a) A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c)
Any amendment that substantially increases trip
generation rates of the proposed development, or the
demand for public facilities.
d) A reduction by greater than three (3) percent of the
approved open space.
e)
A reduction by greater than one (1) percent of the off-
street parking and loading space.
f)
A reduction in required pavement widths or right-of-way
for streets and easements.
g) An increase of greater than two (2) percent in the
approved gross leasable floor area of commercial
buildings.
h) An increase by greater than one (1) percent in the
approved residential density of the proposed development.
i) Any change which is inconsistent with a condition or
representation of the project's original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
11) Section 24-7-907 A. PUD Insubstantial Amendments
An insubstantial amendment to an approved development order
for a final development plan may be authorized by the
Community Development Director ~_ ~ .... ~_~__~_~ ~___~_A_~
.......... z ......... ~ .......... ~ .... approval ~ .......
following shall not be considered an insubstantial amendment:
a) A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c)
Any amendment that substantially increases trip
generation rates of the proposed development, or the
demand for public facilities.
d) A reduction by greater than three (3) percent of the
approved open space.
e)
A reduction by greater than one (1) percent of the off-
street parking and loading space.
f)
A reduction in required pavement widths or right-of-way
for streets and easements.
g) An increase of greater than two (2) percent in the
approved gross leasable floor area of commercial
buildings.
h) An increase by greater than one (1) percent in the
approved residential density of the p~development.
i)
Any change which is inconsistent with a condition or
representation of the project's original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
12) Section 7-1003 Exemptions (A) (2) Lot Split.
b. No more than two (2) lots are created by the lot split,
both lots conform to the requirements of the underlying zone
district~-~ ..... - ~ ........ ~- ~- ~ Any lot for which
development is proposed will
unit. mitigate for affordable housing pursuant to Section 8-
9
d. "A subdivision plat which meets the terms of this division,
and conforms to the requirements of this chapter, is submitted
and recorded in the office of the Pitkin County clerk and
recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional
units be built without receipt of applicable approvals
pursuant to this article and growth management allocation
pursuant to Article 8.
add new "e"
e. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin County clerk and
recorder. Failure on the part of the appllcant to record the
plat within one hundred and eighty (180) days following
approval by tho City Council shall render the plat invalid and
reconsideration of the plat by the city council will be
required by for a showing of good cause.
add new "f"
f. In the case where an existing single family dwelling
occupies a site which is eligible for a lot split, the
dwelling need not be demolished prior to application for a lot
split. Maximumpotential buildout for the two parcels created
by a lot split shall not exceed three units, which may be
composed of a duplex and single family home.
13) Section 7-1003 A.1. Lot Line Adjustment
d. "The corrected plat will meet the standards of this
division, and conforms to the requirements of this chapter,
including the dimensional requirements of the zone district
in which the lots are located, except in cases of an existing
non-conforming lot, in which the adjustment shall not increase
the nonconformity of the lot. The plat shall be submitted and
recorded in the office of the Pitkin County clerk and
recorder. Failure to record the plat within a period of one
hundred and eighty (180) days following approval shall render
the plat invalid and reconsideration of the plat by the
community Development Director will be required before its
acceptance and recording; and
14) Section 7-1005 E. Subdivision Agreement
e. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin County clerk and
recorder. Failure on the part of the applicant to record the
plat within one hundred and eighty (180) days following
approval by the city Council shall render the plat invalid and
reconsideration of the plat by the commission and city council
will be required by for a showing of good cause. Thc ~.~c
10
15) 7-1006. Amendment to Subdivision Development Order.
A. Insubstantial amendment. An insubstantial amendment to an
approved plat or between adjacent subdivision plats may be
authorized by the .... ~
~ .........~ ........ Commun Development
Director. An insubstantial amendment shall be limited to
technical or engineering considerations first discovered
during actual development which could not reasonably be
anticipated during the approval process, or any other minor
' community
change to a plat which the
Develcpment Director finds has no effect on the conditions
and representations limiting the approved plat.
[B and C remain unchanged]
D. Reccrdation. Amended plats shall be submitted and recorded
in the office of the Pitkin County clerk and recorder.
Failure to record an amended plat within a period of one
hundred and eighty (180) days following approval shall render
the plat invalid and reconsideration of the plat by the city
council or Ccmmunity Development Director will be required
before its acceptance and recording.
APPROVED by the Commission at their regular meeting on March 21,
1995.
ATTEST:
Jan Carney, Deputy City Clerk