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HomeMy WebLinkAboutresolution.apz.031-95 Resolution No. 95- RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING TO THE ASPEN CITY COUNCIL AMENDMENTS TO THE ASPEN MUNICIPAL CODE REGARDING THE FOLLOWING SECTIONS: 24-3-101 Definitions: Floor Area, Accessory Dwelling Unit and Linked Pavilion, Height, Linked Pavilion and Volume Section 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 and Public Noticing Requirements Section 24-7-304 Residential Design Standards, Definition Clarification for Primary Mass and Accessory Dwelling Unit or Linked Pavilion 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 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, Section 24-7-1103 of the Aspen 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 and Zoning Commission reviewed the proposed amendments and did conduct a public hearing on October 3rd, 1995; and Whereas, upon 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 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 are necessary for public health, safety and welfare and the proposed text amendments clarify, streamline and are consistent with the intent of Ordinance 30, Series of 1995 and the intent of Chapter 24 of the Aspen Municipal Code. NOW, 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 it does hereby recommend to the City Council of the City of Aspen approval of Resolution No. 95- AND NOW THEREFORE BE IT FINALLY RESOLVED by the Commission that it does hereby recommend the following amendments to the Aspen Municipal Code: Section 3-101. Definitions as used in this chapter FloorArea means.....In measuring floor areas for floor area ratio, the following applies: If a driveway to a garage is below the natural grade within the required front setback the resulting cut cannot exceed two (2) feet in depth, measured from natural grade. 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. 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 single vertical plane. 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. 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 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 foot 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-orthogonal facade penetrations between nine (9) and fifteen (15) feet above the level of the finished floor. DIVISION 5. DESIGN REVIEW APPEAL COMMITTEE (All references to "Board" shall be changed to Committee in Sections 4-501, 4-502, 4-503, 4-504, 4-505, 506, and 4-507) Section 4-507. Meetings, hearings as and procedure. A. Meetings of the Design Review Appeals 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 Appeals 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. ARTICLE 7. DEVELOPMENT DESIGN STANDARDS Division 3. Residential Design Standards Section 7-301 General 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: 2 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. E. Minor Development. 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 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. F. Maior 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 7-302. Procedure Pursuant to Section 6-201. Pre application 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 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 Requirements of the Administrative Checklist and any other pertinent land use material. 3 Section 7-304. Residential Design Standards 4o 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. 6.9. 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. Approved by the Commission at their regular meeting on October 3, 1995. Attest: Sharon Carillo, Deputy Clerk Aspen Planning and Zoning Commission Sara Garton, Chairperson