HomeMy WebLinkAboutresolution.apz.003-89RESOLUTION NO. f~
(Series of 1989)
RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING THE
RIO GRANDE FINAL SPA AND GMQS EXEMPTION FOR THE PITKIN COUNTY
LIBRARY, PARKING FACILITY AND TRANSPORTATION CENTER
WHEREAS, the city Council of Aspen, Colorado (hereinafter
"Council") has reviewed the Library and Parking Facility
Applications for Final SPA Approval and Growth Management Quota
System Exemption (GMQS) at public meetings held on January 18,
February 6 and 13, 1989; and
WHEREAS, the Council finds that the applications comply with
Conceptual SPA approval; and
WHEtLEAS, based upon their review of these applications the
Council agrees with the Planning and Zoning Commission findings.
The Commission's findings were as follows:
Parking Facility - The Commission finds that the design of
the parking facility is appropriate for the site; that the
snow shedding problem on the north face of the
transportation Center roof, has been resolved; and that the
size and location of the elevator building is appropriate.
Transportation Center - The Commission finds that the
Transportation Center is an essential community facility
because it is an asset to the community's transportation
system and therefore is exempt from GMQS.
Spring Street Extension - The Commission finds that the new
location of Spring Street extension works well for the
parking facility and the transportation center and does not
disturb the playing field; however, the Commission still
prefers that the new access road be located to the north and
encourages Council to consider this alignment if the budget
allows. Further, P&Z requests that Council give the new
access road a name other than the Spring Street extension.
Cap's - The Commission finds that Stony Davis (Cap's) has
been extremely cooperative throughout this process and that
the City and Caps should begin work to implement the
necessary land exchange between the City and Caps which was
approved by the voters in August, 1988. Further, the City
1
and Cap's should identify and agree to specific easements
for access to Cap's.
Library - The Commission finds that the north facade and the
northeast corner of the Library structure are too massive
and therefore, directs the applicant to address those
concerns. The majority of the Commission is, however,
generally satisfied with the design and disagrees with staff
about the importance of the open space located at the
southwest corner of the site, the Commission finds this open
space important to Mill Street.
The Commission also finds that the Library should not be
required to mitigate their parking impact for the following
reasons:
Both the library and parking facility are public
projects using public funds.
Staff assumes that a library in an urban location
such as the Rio Grande will generate a significant
amount of walking, transit and multi-destination
automobile trips during the work day. During the
weekend and especially the evening, the library
may generate primarily destination trips, however,
the weekends and evenings are off-peak times when
the parking facility has excess capacity.
Library (public) funds used for parking may
compete directly with funding for other valuable
community services offered by the library or may
compete directly with desired design changes
suggested by the P&Z or Council.
The Transportation Plan found that restricted
parking spaces, i.e., "Library Parking Only",
reduced the effective utilization rate of that
space by 25 percent. A condition of approval
would be that the Library Board not request
exclusive parking for library patrons in the
parking facility. Further, the P&Z finds that if
the Library integrates its elevator with the
parking facility, then the Library's parking
impact will have been mitigated.
The Library Board is required to fully mitigate
all other impacts.
The Library Board can offer free bus passes or
other incentives to induce employees to walk, bike
or ride transit.
NOW, THEREFORE, BE IT RESOLVED by the city Council of Aspen,
Colorado that it does hereby grant Final SPA approval and
Exemption from the Growth Management Quota System to the Library
and Parking Facility projects, subject to the following
conditions:
Conditions for the Library
Prior to the issuance of a Building Permit the
Applicant shall provide to the satisfaction of the
Engineering Department the following (the Engineering
Department shall then provide the Planning office with
a memorandum confirming their satisfaction).
An amended drainage plan with adequate detail to
address the concerns of the Sanitation District.
An SPA plat with property boundaries and signature
blocks.
Co
A separate plat sheet showing all utility
locations within the property boundaries and with
signature blocks for each utility certifying
locations.
d. That the trash area will function and be
appropriately designed.
Any sidewalk or right-of-way improvements must comply
with the city's Streetscape Guidelines.
Prior to issuance of a Building Permit the Applicant
shall develop a Fugitive Dust Control Program, to the
satisfaction of the Environmental Health office.
4 o
The Applicant shall contact the Environmental Health
Office in the event that contaminated soils are
discovered during excavation and shall meet any
requirements imposed by that office.
The Applicant shall agree to purchase bus passes for
its down valley employees as a method of reducing its
parking impact on the new parking facility.
The Applicant and the City shall investigate the
possibility of providing a snowmelt system for
pedestrian areas and the Mill Street parking facility
access road.
3
The Library will not request or receive approval for
parking spaces restricted to Library patrons only.
The alley between the Rio Grande site and
shall be resurfaced and improved for
purposes as the concept plan illustrated.
Main Street
pedestrian
Conditions for the Parking Facility
The Employee Generation figure shall be adjusted to
reflect an additional .5 FTE for the Parks Department
and an additional 6 FTE for the Transportation Center.
The Housing Authority shall conduct an employee audit
two years after this facility is operating and make any
necessary adjustments.
2 o
Prior to the issuance of a Building Permit the
Applicant shall provide to the satisfaction of the
Engineering Department the following (the Engineering
Department shall then provide the Planning Office with
a memorandum confirming their satisfaction).
a o
An amended drainage plan with adequate detail to
address ~he concerns of the Sanitation District.
An SPA plat with property boundaries and signature
blocks.
Co
A separate plat sheet showing all utility
locations within the property boundaries and with
signature blocks for each utility certifying
locations.
d. That the trash area will function and be
appropriately designed.
Any sidewalk or right-of-way improvements must comply
with the City's Streetscape Guidelines.
The alley between the Rio Grande site and Main Street
shall be resurfaced and improved for pedestrian
purposes as the concept plan illustrated.
5 o
Prior to the issuance of a Building Permit the
Applicant shall develop a Fugitive Dust Control
Program, to the satisfaction of the Environmental
Health Office.
6 o
Prior to the issuance of a Building Permit the
Applicant shall apply for an Air Pollution Emissions
Notice.
4
7 o
10.
Dated
The Applicant shall contact the Environmental Health
Office in the event that contaminated soils are
discovered during excavation.
Prior to the issuance of a Building Permit the
Applicant shall demonstrate to the satisfaction of the
Environmental Health Office that the air quality
standards for ticket booth attendants is acceptable.
The Applicant and the Library shall work together to
provide a snowmelt system for pedestrian thoroughfares
and especially stairways which are part of the parking
facility. Additionally, the applicant and Library
shall work together to provide snowmelting for the
Mill Street parking facility access road.
The City and Caps shall implement the necessary land
exchange, including access easements, with Caps which
the voters approved in the Summer of 1988, as part of
this review.
, 1989.
~~~r
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~a_~- /ik , 1989.
Kathryn. ~. Koch, City Clerk
tb
rio.final.spa.cc.reso
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CORRECTIONS BE MADE TO THE
ASPEN LAND USE REGULATIONS
Resolution No. 89- ~
WHEREAS, the Aspen Land Use Regulations were adopted on
April 25, 1988 and became effective on May 25, 1988; and
WHEREAS, during the process of their adoption, the Planning
office stated that six months subsequent to the date of
adoption, a code correction process would be initiated to address
any problems or new
was put into effect;
WHEREAS, the Aspen
(hereinafter "Commission")
January 3 and January 31,
Aspen Land Use Regulations;
issues which had
and
Planning
arisen since the new Code
and Zoning Commission
held a duly noticed public hearing on
1989 to consider corrections to the
and
WHEREAS, the Commission has prepared recommendations for
changes to the Aspen Land Use Regulations in the form of
attachments, identifying language to be stricken and language to
be added to the Code.
NOW, T~REFORE, BE IT RESOLVED by the Commission that it
does hereby recommend that the Aspen City Council adopt
amendments to the Aspen Land Use Regulations as depicted on
Attachments 1 through 55, which crosses out the language to be
deleted and bolds the language to be added, attached hereto and
incorporated by reference.
Resolution No. 89-
Page 2
APPROVED by the Commission
February 7, 1989.
ATTEST:
pmcodecorrectreso
at its regular meeting on
ASPEN PLANNING AND ZONING
COMMISSION
C .( We~t~ofi~(n~rson, Chairman
#1
Supplement #1
ARTICLE 3. DEFINITIONS
Sec. 3-101.
Definitions as used in this chapter.
For the purposes of this chapter, certain words and phrases
shall be defined as herein provided.
ACCESSORY USE OR ACCESSORY STRDu-&'uKE means a use or structure
that is naturally and normally incidental to, subordinate to, and
devoted primarily to the principal use or structure of the
premises; does not change the basic character of the premises, as
determined by its principal use or structure; is subordinate in
area, extent and purpose to the principal use or structure
served; contributes to the comfort, convenience or necessity of
occupants of the principal use or structure served; and is
located on the same lot or contiguous lots under the same
ownership as the principal use or structure. In no event shall
an accessory use be construed to authorize a use not otherwise
permitted in the Zone District in which the principal use is
located and in no event shall an accessory use or structure be
established prior to the principal use or structure to which it
is accessory. Accessory buildings or structures shall not be
provided with kitchen or bath facilities sufficient to render
them suitable for permanent residential occupation.
ACCESSWA¥ means a paved or unpaved area intended to provide
ingress or egress to vehicular or pedestrian traffic from a
public or private right-of-way or easement to an off-street
parking, loading or similar area.
AFFORDABLE HOUSING means those dwelling units restricted to the
housing size, type, income and occupancy guidelines or approval
of the City Council and its housing designee.
AT.Tmy means a public way having less width than a street per-
manently reserved as a secondary means of access to abutting
property.
APPLICANT means any person submitting a Development Application.
ARCHITECTURAL PROJECTION means a non-functional or ornamental
feature on a building.
BANDIT UNIT means a structure developed or used in violation of
the land use and building regulations in effect at the time of
its construction.
BASE FLOOD means a flood having
being equaled or exceeded in any
One Hundred (100) Year Flood.
a one (1) per cent chance of
given year, also known as the
3-1
#2
supplement #1
BASEMENT means that portion of a structure fifty (50%) percent or
more of which is below natural grade.
BATH FACILITIES means that portion of a structure which includes
a bath tub, shower or other personal bathing or washing area.
BEDROOM means that portion of a dwelling unit intended to be used
for sleeping purposes, which may contain closets, may have
access to a bathroom and which meets Uniform Building Code
requirements for light and ventilation.
BED AND BREAKFAST means a single-family dwelling, or part there-
of, other than a hotel or lodge, providing temporary lodging to
guests generally for periods of less than one month, at least one
meal daily for guests staying in the dwelling, generally limited
to twelve or fewer guest rooms, and a manager residing on the
premises, but not providing a restaurant or bar, or accessory
uses, such as recreational facilities, typically associated with
a hotel or lodge.
BOARDINGHOUSE means a building or portion thereof, other than a
hotel, lodge or multiple-family dwelling, providing temporary or
long-term lodging for six or more guests, serving meals to those
guests on a continuing basis for compensation, and having a
manager residing on the premises, but not providing a restaurant
or bar, or accessory uses, such as recreational facilities,
typically associated with a hotel or lodge.
BOARD OF ADJUSTMENT means the City of Aspen Board of Adjustment
as established in Art. 4, Div. 3.
BREEZEWAY means a covered walkway which connects portions of the
same structure.-e~-eemmeet~m-~-~e~-~e~e-t~-&~-a~ees~e~f
~%m~e~e-~T-~e~. A breezeway shall not be allowed, used, or
designed to separate dwelling units or to create two (2) or more
independent dwelling units from a single dwelling unit.
BUILDING means any structure including a roof supported by walls,
designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels or property of any kind
which is erected for permanent location on the ground. A
building includes yurts, removable sheds, and similar uses, but
does not include signs or fences.
BUILDING PERMIT means that development permit outlined in Sec. 6-
206.
CHARACTER means the density, height, coverage, setback, massing,
fenestration, materials, and scale of materials. H, Historic
Overlay District and Historic Landmark development guidelines
shall be established to give further explanation of the qualities
that compose character.
3-2
#3
Supplement #1
FINAL PLAT means a map of the subdivision which has been ac-
curately surveyed by a registered surveyor. The map shall show
all streets, alleys, blocks, lots and all other requirements
outlined in Art. 7, Div. 10.
FINISHED GRADE means the elevation of the ground surface,
following development, next to the completed walls of a struc-
ture.
FLOODWAY means the channel of a river or other water course or
the adjacent land areas that must be reserved in order to
discharge the base flood without increasing the water surface
elevation.
FLOOR means the top surface of an enclosed area in a building,
i.e., the top of the wood flooring in wood frame construction.
The term includes the floor of an area used for garages, indoor
parking areas, storage accessways, breezeways, stairs, elevator
shafts, basements and accessory uses and structures.
FLOOR A~EA means the sum of the gross horizontal areas of each
story of the building measured from the exterior walls, or from
the center line of the party walls, including the floor area of
accessory uses and of accessory buildings and structures.
In measuring floor areas for floor area ratio and allowable
floor area, the following applies:
ae
General. In measuring floor area for the purposes of
calculating floor area ratio and allowable floor area,
there shall be included that floor area within the sur-
rounding exterior walls (measured from their exterior
surface) of a building, or portion thereof.
(B)
Decks, balconies and stairways. The calculation of
floor area of a building, or a portion thereof, shall
include decks, balconies, stairways, terraces and
similar features, even though these areas are not
surrounded by exterior walls or enclosed, when these
features are above natural grade and when the area of
such features is greater than fifteen (15%) percent of
the maximum allowable floor area of the building. When
decks, balconies, stairways, terraces and similar
features which are above natural grade are covered by a
projection from the building which is greater than
three (3) feet, such areas shall be included in the
calculation of floor area. All area included in such
features which does not meet either of these conditions
shall be excluded from floor area calculations.
(C) Garaqes and carports. For the purpose of calculating
floor area ratio and allowable floor area for a lot
3-7
#4
Supplement #1
Those interior areas with a plate height of ten (10)
feet or less shall count toward allowable floor area at
the ratio of one (1) square foot for each one (1)
square foot of floor area. For those interior areas
with a plate height which exceeds ten (10) feet, the
ratio at which they shall count shall increase by five
one-hundredths (0.05) of a square foot for each one (1)
foot increase in height, to a maximum ratio of two (2)
square feet for each one (1) square foot of floor area.
(F)
Planned Unit Develonment. For
~1~ Planned Unit Development (PUD) applications
where land is held as common open space, the allowable
floor area shall be calculated by
divide~ing the lot area by the total number of
~m~s lots existing and proposed for development to
determine the land area for each
~m~-~-~te~ lot in the Planned Unit Development
(PUD), which shall be the area used to determine the
amount of floor area of each dwelling
~e~i~em%~a~ unit e~-~t~x in the Planned Unit Develop-
ment (PUD). The total floor area allowed for the
Planned Unit Development (PUD) shall be the cumulative
total of the floor areas for each ~e~a~he~--~e~i~em~
~m~-~--~e~ lot in the Planned Unit Development
(PUD) .
FLOOR AREA RATIO means the total floor area of the building or
buildings on a lot divided by the ~m~-~e&-e~-~he lot area.
FLOOR AREA RATIO, EXTERNAL means the total floor area of all
structures compared to the total area of the building site
FLOOR AREA RATIO, INTERNAL means the floor area within a building
devoted to a particular use, compared to the total floor area of
the building.
GRADE, NATURAL means the same as natural grade.
GRAPhiC DESIGNS means any artistic design or portrayal painted or
otherwise placed directly on an exterior wall, fence, awning,
window or other structure, which is visible from any outside
area, and which has as its purpose artistic effect, and not the
identification of the premises or the advertisement or promotion
of the interests of any private or public firm, person, organi-
zation, service or product.
GROUP ~OMES mean a permanent building which is owner-occupied or
non-profit, which is located no closer than seven hundred and
fifty (750) feet from another group home, is used exclusively as
3-9
#5
Supplement #1
(60) years of age or older and who do not need skilled or
intermediate care facilities, and which is in compliance with any
local, state or federal health, safety and fire code provisions.
HEIGHT means the maximum possible distance measured adjacent to
the building at right angles from the natural undisturbed ground
slope and natural grade to the highest possible point of a
structure.
Exceptions to maximum heiaht limits, aenerallv. The
height of a building shall be the maximum possible
distance measured at right angles from the natural
undisturbed ground slope and natural grade to the top
of a flat or mansard roof, or to the mean height
between the eaves and ridge of a gable, hip, gambrel or
similar pitched roof. The ridge of a gable, hip,
gambrel or similar pitched roof shall not extend over
five (5') feet above the specified maximum height
limit. Antennas, chimneys, flues, vents or similar
structures shall not extend over ten (10') feet above
the specified maximum height limit. Water towers and
mechanical equipment shall' not extend over five (5')
feet above the specified maximum height limit. Church
spires, bell towers and like architectural
~e&~esprojections, as well as flag poles, may extend
over the specified maximum height limit.
Exception to maximum height limits in residential dis-
tricts. Where schools, churches, and public adminis-
tration buildings are permitted in a residential Zone
District, they may exceed the established height
limitation by fifty percent (50%) provided all other
requirements for the Zone District are complied with,
and provided, further, that the total floor area of the
structure does not exceed the total area of the lot on
which the building is located. When this 1:1 ratio is
exceeded, the maximum height limitation for the Zone
District shall not be exceeded.
HIGH WATER LINE means the place on the bank of the stream up to
which the presence and action of water are so usual and long
conditioned as to impress on the bed of the stream a character
distinct from that of the banks with respect to vegetation and
the nature of the soil. The high-water line is the boundary line
between the bed and the bank of the stream.
H, HISTORIC OVERLAY DISTRICT means
the City Council as an H, Historic
of Art. 7, Div. 7.
a site or area designated by
District under the provisions
HISTORIC LANDMARK means a structure designated by the City
Council as a Historic Landmark under the provisions of Art. 7,
Div. 7, either within or outside of an H, Historic Overlay
3-10
#6
supplement #1
HOTEL means a building containing three (3) or more individual
rooms for the purpose of providing overnight lodging facilities
on a short-term basis to the general public, for compensation,
with or without meals, and which has common facilities for
reservation and cleaning services, combined utilities and on-site
management and reception. A hotel unit shall not contain kitchen
facilities.
JUNK YARD is a parcel of land used commercially for the collect-
ing, storing, or sale of waste paper, rags, scrap metal, or
discarded materials; or commercially for the collecting, disman-
tling, storage, salvaging or demolition of vehicles, machinery,
or other materials. A junk yard shall be screened from the view
of other lots, structures, uses and rights-of-way.
KITCHEN means that portion of a structure which includes a stove,
refrigerator, and sink.
LODGE means the same as hotel.
LOGO means an artistic design or portrayal painted or otherwise
placed on a building wall or structure, which is visible from any
outside area, and which is used, intended or designed to iden-
tify, advertise or promote the interests of any private or public
firm, person, organization, service or product.
LOT means a parcel of land as shown with a separate and distinct
number or letter on a plat recorded with the Pitkin County Clerk
and Recorder or when not so platted in a recorded subdivision, a
parcel of land abutting upon at least one (1) public street and
held under separate ownership.
LOT AREA means the total horizontal area within the lot lines of
a lot.-e~eep~-~h~-~ee-~e~e~h-~e-~gee~n-~t~-l-i~ne-~f~-~-b~-e~
w~e~=. When calculating floor area ratio, lot area shall exclude
that area beneath the mean water line of a body of water and that
area within a dedicated right-of-way or surface easement, but
shall include any lands dedicated to the City of Aspen for the
public trail system or any lands subject to an above or below
surface easement. When calculating density, lot area shall have
the same exclusions and inclusions as for calculating floor area
ratio, but shall also exclude any lands subject to slope density
reduction, pursuant to Sec.7-903 B.2.b.
LOT DEPTH means the
front and rear lines
lot lines.
shortest horizontal distance between the
measured in the mean direction of the side
LOT LINE, FRONT means the property boundary line dividing a lot
from a street. If no street abuts the lot, then the front lot
line means the property boundary line from which road access is
obtained.
3-12
#?
Supplement #1
LOT T.T'I~'~, ~
front lot line.
means the property boundary line opposite the
LOT LINE, SIDE means any property boundary lines other than front
or rear lot lines.
LOT WIDT~ means the distance between the side lot lines measured
congruent with the front yard setback line.
LOW A~D MODERATE I~CONE NOUSING means the same as affordable
housing.
MANUFACTURED NONE means the same as a mobile home.
MOBILE HOME means a single family dwelling which is partially or
entirely manufactured in a factory; is not less than twenty-four
feet (24') in width and thirty-six feet (36') in length; is
installed on an engineered permanent foundation; has brick, wood,
or cosmetically equivalent exterior siding and a pitched roof; is
certified pursuant to the "National Manufactured Housing Con-
struction and Safety Standards Act of 1974," 42 U.S.C. 5401, e__t
seq., as amended; and complies with Chapter 31, Article 23 of the
Colorado Revised Statutes, as amended.
MOBILE NOME PARK means a place set aside and offered by a person
or public body for either direct or indirect remuneration of the
owner, lessor, or operator of such place for the accommodation
of two (2) or more mobile homes. A mobile home park shall have
individual sanitary facilities and utility connections, and shall
be operated under single management.
MOTEL means the same as hotel.
NATURAL G~ADE means the highest natural elevation of the ground
surface, prior to development next to the proposed walls of a
structure. If it shall be determined that the natural grade had
been disturbed prior to development, the Building Inspector shall
establish what had been the natural grade and measure from that
elevation.
NEIGHBORHOOD means the area adjacent to or surrounding existing
or proposed development characterized by common use or uses,
density, style and age of structures and environmental charac-
teristics.
NET T~ASABLE COMMERCIAL AND OFFICE SPACE means those areas within
a commercial or office building which are or which are designed
to be leased to a tenant and occupied for commercial or office
purposes, exclusive of any area dedicated to bathrooms, stair-
ways, circulation corridors, ~ mechanical areas and storage
areas used solely by tenants on the site.
3-13
#8
Supplement #1
SIGN, ROOF means a sign created, placed or maintained in whole or
in part upon, against, or directly above the roof or parapet line
of a building.
SIGN, 'i'~PORARY means a non-permanent sign erected, affixed or
maintained for a short, usually fixed, period of time.
SIGN, W~Tw. means any sign painted or placed on, incorporated in,
or affixed to, a building wall, window or canopy, or any sign
consisting of cut-out letters or devices affixed to a building
wall, window or canopy with no background defined on the building
wall, window or canopy, with the exposed face of the sign located
in a place substantially parallel to the wall, window or canopy
surface on which it is placed.
SITE means one (1) or more parcels with one (1) or more struc-
tures.
SITE COVERAGE means the percentage of a site covered by build-
ings, measured at the exterior walls of a building at ground
level. Roof or balcony overhangs, cantilevered building elements
and similar features extending directly over grade shall be
excluded from maximum allowable site coverage calculations,
provided that the area of such overhangs is less than or equal to
fifteen (15%) percent of the maximum allowable site coverage.
SITE SPECIFIC DEVELOPMENT PLAN means a plan which has been
submitted to the City Council or the Planning and Zoning Commis-
sion describing with reasonable certainty the type and intensity
of use for a specific parcel or parcels of property, including an
application for approval of the following: Planned Unit Develop-
ment (PUD), subdivision, specially planned area (SPA), growth
management quota system allotment, development in an Environ-
mentally Sensitive Area, conditional use or special review
permit, significant development within an historic overlay
district or to an historic landmark or demolition of an historic
landmark. A variance shall not constitute a site specific
development plan. Site specific development plan shall not mean
or include any conceptual or preliminary plan as defined in this
chapter.
SPECIAL FLOOD HAZARD AREA means the land in the flood plain
subject to inundation by the base flood, also known as the One
Hundred (100) Year Floodplain as identified by the "Flood
Insurance Study for the City of Aspen" dated December 4, 1985,
and kept on file in the office of the city engineer.
STREET means a public way other than an alley, which affords the
principal means of access to abutting property, including private
streets.
STREET, ARTERIAL means a street which has the primary function of
carrying through traffic, but which also provides access to
3-20
#9
Supplement #1
Whenever this chapter shall require that a utility/-
trash service area be provided abutting an alley,
buildings may extend to the rear property line if
otherwise allowed by this chapter provided that an open
area be provided which shall be accessible to the
alley, and which meets the dimensional requirements of
Art. 5, Div. 2.
A minimum of fifteen (15) linear feet of the utili-
ty/trash service area shall be reserved for box
storage, utility transformers or equipment, or building
access, and a minimum of five (5) linear feet of the
utility/trash service area shall be reserved for trash
facilities, unless the dimensions of the area are
reduced pursuant to Sec. 7-404(C).
VESTED PROPERTY RIGHT means the right to undertake and complete
the development and use of property under the terms and condi-
tions of a site specific development plan.
WATER COURSE means any river or stream located in the city of
Aspen, including, but not limited to, the Roaring Fork River and
its tributary streams.
YARD means an open space which is not wholly or partially
enclosed by buildings, not in an alley or street, unoccupied and
unobstructed from the ground skyward, except as otherwise
provided in this chapter, provided it meets the following
requirements:
ae
Projections into required yards. Yards shall be un-
obstructed from the ground to the sky except for the
following allowed projections:
1. Building eaves - eighteen (18") inches;
2. Architectural projections - twelve (12") inches;
3. Individual balconies not utilized as a passageway
(provided they do not project more than one-third
(1/3) the distance from the exterior wall to the
property line) - four (4') feet;
4. Fire escapes required by the Uniform Building Code-
four (4') feet;
5. Uncovered porches, slabs, patios, walks and steps,
which do not exceed thirty inches (30") above
~&~-~e----~-~es~~ or below natural
grade shall be permitted to project into the yard
without restriction. Projections may exceed 30"
below grade if determined to be required by the
Chief Building official for window egress;
6. Fences, hedges and walls less than six (6') feet in
height - no restriction on location.
B. Required yards adgacent to private roads. Ail required
3-24
#10
Supplement #1
of all proceedings before the HPC.
The Secretary of the HPC shall be the City Clerk or the
City Clerk's designee. The Secretary shall keep the
minutes, shall mail notices of regular meetings to
members three (3) days in advance and for special
meetings shall either mail notice, serve personally or
leave notice at a member's usual place of residence two
(2) days in advance, and maintain the files of all
studies, plans, reports and recommendations made by the
HPC.
Any member of the HPC who has four (4) or more absences
from regular meetings during the calendar year may be
subject to removal by the City Council.
Sec. 4-404. Staff.
The Planning and Development Agency shall be the profes-
sional staff of the HPC. A representative of the Planning Office
and a representative of the Building Department shall be avail-
able at all meetings to provide advice to the HPC.
Sec. 4-405. Ouorum and necessaz7 vote.
No meeting of the HPC shall be called to order, without a
quorum consisting of at least four (4) members being present. No
meeting at which less than a quorum shall be present shall
conduct any business other than to continue the agenda items to a
date certain. All actions shall require the concurring vote of a
simple majority of the members of the HPC then present and
voting.
Sec. 4-406. Meetings. hearinus and procedure.
Regular meetings of the HPC shall be held on the second
and fourth T~es~a~ Wednesday of each month. Special
meetings may be called by the Chairman or a majority of
members.
Ail meetings and hearings of the HPC shall be open to
the public.
C. Public hearings shall be set for a date and time
certain.
DIVISION 5: PLANNING AND DEVELOPMENT AGRNCY,
The Planning and Development Agency (hereinafter "Planning
Agency") shall perform the planning functions for the City of
4-10
#11
ARTICLE 5. ZONE DISTRICTS
DIVISION 1: GENERAL.
Sec. 5-101. General DUrDOSe.
In order to ensure that all development is consistent with
the goals and objectives of the Aspen Area Comprehensive Plan and
this chapter of the Municipal Code, it is necessary and proper to
establish a series of Zone Districts to ensure that each per-
mitted and conditional use is compatible with surrounding land
uses, is served by adequate public facilities, and is consistent
with the environmental sensitivity of the City and its surround-
ing area's natural resources. Each Zone District has its own
purpose and establishes use regulations, density regulations,
dimensional regulations, site improvement regulations, off-street
parking and loading regulations, adequate facility regulations,
landscaping regulations, sign regulations, environmental regula-
tions, and drainage regulations that control the use of land in
each Zone District. Ail development within each Zone District
shall be consistent with the purposes stated for that Zone
District in Art. 5, Div. 2. Any use which is not specifically
listed in this Article as a permitted or conditional use in a
zone district shall be considere~ prohibited, unless otherwise
interpreted by the Planning Director pursuant to Art. 11.
Sec. 5-102. Zone Districts established.
In order to carry out and implement the goals and objectives
of the Aspen Area Comprehensive Plan and this chapter of the
Municipal Code, the following Zone Districts are hereby es-
tablished.
(1) Medium-Density Residential (R-6)
(2) Moderate-Density Residential (R-15)
(3) Moderate-Density Residential (R-15A)
(4) Moderate-Density Residential (R-15B)
(5) Low-Density Residential (R-30)
(6) Residential/Multi-Family (R/MF)
(7) Residential/Mobile Home Park (MHP)
(8) Rural Residential (RR)
(9) Commercial Core (CC)
(10) Commercial (C-i)
(11) Service/Commercial/Industrial (S/C/I)
(12) Neighborhood Commercial (NC)
(13) Office (O)
(14) Lodge/Tourist Residential (L/TR)
(15) Commercial Lodge (CL)
(16) Lodge Preservation (LP)
(17) Conservation (C)
#12
Supplement #1
Ce
Conditional uses. The following uses are permitted as
conditional uses in the Moderate-Density Residential
(R-15) Zone District, subject to the standards and pro-
cedures established in Art. 7, Div. 3.
1. Open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. Satellite dish antenna;
8. Lodge, where indicated by designation as a Lodge
Overlay District (L) pursuant to Sec. 5-225; and
9. For properties which contain a Historic Landmark:
bed and breakfast; boarding house; and two
detached residential dwellings or a duplex on a
lot with a minimum area of 15,000 sq. ft.
Dimensional retirements. The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Moderate-Density Residential (R-15)
Zone District.
1. Minimum lot size (sq.ft.): 15,000
2. Minimum lot area per dwelling unit (sq.ft.):
detached residential dwelling: 15,000
duplex: A duplex may be developed on a lot of
15,000 sq. ft. that was subdivided as of
April 28, 1975. Otherwise the duplex must be
developed with a minimum lot area of 10,000
sq. ft. per dwelling unit, unless the
property contains a historic landmark, in
which case a duplex or two detached residen-
tial dwellings may be developed with a
minimum lot area of 7,500 sq. ft. per unit.
bed and breakfast, boardinghouse: no require-
ment.
3. Minimum lot width (ft.): 75
4. Minimum front yard (ft.):
residential dwellings: 25
accessory buildings and all other
buildings: 30
5. Minimum side yard (ft.): 10
6. Minimum rear yard (ft.):
all buildings except residential dwellings
and accessory buildings: 20
#13
Supplement #1
e
8.
9.
10.
developed with a minimum lot area of 10,000
sq. ft. per dwelling unit·
Minimum lot width (ft.): 75
Minimum front yard (ft.):
residential dwellings: 25
accessory buildings and all other
buildings: 30
Minimum side yard (ft.): l0
Minimum rear yard (ft.):
all buildings except residential dwellings
and accessory buildings: 20
residential dwellings: 10
accessory buildings: 5
Maximum height (ft.): 25
Minimum distance between principal and accessory
buildings (ft.): 10
Percent of open space required for building site:
no requirement
External floor area ratio: (applies to conforming
and nonconforming lots of record)
DETACHED RESIDENTIAL DWELLTNGS
Lot Area
(Sq. Ft. )
Allowable
Sq. Ft.
0- 3,000
80 sq.ft, of floor area for
each 100 sq.ft, in lot area,
up to a maximum of 2,400
sq.ft, of floor area.
3,000- 9,000
2,400 sq.ft, of floor area,
plus 28 sq.ft, of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 4,080 sq.ft, of floor area.
9,000- 15,000
4,080 sq. ft. of floor area,
plus 7 sq.ft, in lot area, for
each additional 100 sq. ft. up
to a maximum of 4,500 sq.ft.
of floor area.
15,000- 50,000
4,500 sq.ft, of floor area
plus 6 sq. ft. of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 6,600 sq. ft. of floor
5-12
#14
Supplement #1
Sec. 5-204. Moderate-Density Residential (R-15B).
ae
Purpose. The purpose of the Moderate-Density Residen-
tial (R-15B) Zone District is to provide areas for
residential purposes with customary accessory uses.
Lands in the Moderate-Density Residential (R-15B) Zone
District are similarly situated to those in the
Moderate-Density Residential (R-15) and (R-15A) Zone
Districts, but are those in which single-family struc-
tures are a permitted use and duplexes are prohibited.
Be
Permitted uses. The following uses are permitted as of
right in the Moderate-Density Residential (R-15B) Zone
District.
1. Detached residential dwelling;
2. Farm buildings and uses, provided that all such
buildings and storage areas are located at least
one hundred (100') feet from pre-existing dwel-
lings on other lots;
3. Home occupations; and
4. Accessory buildings and uses.
Ce
Conditional uses. The following uses are permitted as
conditional uses in the Moderate-Density Residential
(R-15B) Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
None
Dimensional requirements. The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Moderate-Density Residential (R-15B)
Zone District.
1. Minimum lot size (sq.ft.): 15,000
2. Minimum lot area per dwelling unit (sq.ft.):
detached residential dwelling: 15,000
3. Minimum lot width (ft.): 75
4. Minimum front yard (ft.):
all buildings: 30
5. Minimum side yard (ft.):
all buildings: 5
6. Minimum rear yard (ft.):
residential dwellings: 10
accessory buildings and all other
buildings: 5
7. Maximum height (ft.): 25
5-14
#15
Supplement #1
Minimum lot width (ft.): 100
Minimum front yard (ft.):
residential dwellings: 25
accessory buildings and all other
buildings: 30
Minimum side yard (ft.):
all buildings except residential dwellings
and accessory buildings: 20
7.
8.
9.
10.
residential dwellings: 10
accessory buildings: 10
Minimum rear yard (ft.):
all buildings except residential dwellings
and accessory buildings: 30
residential dwellings: 15
accessory building: 5
Maximum height (ft.): 25
Minimum distance between principal and accessory
buildings (ft.): 10
Percent of open space required for building site:
no requirement
External floor area ratio (applies to conforming
and nonconforming lots of record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size Allowable
CSq. Ft.) Sq. Ft.
0- 3,000
80 sq.ft, of floor area for
each 100 sq.ft, in lot area,
up to a maximum of 2,400
sq.ft, of floor area.
3,000- 9,000
2,400 sq. ft. of floor area,
plus 28 sq.ft, of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 4,080 sq.ft, of floor area.
9,000-15,000
4,080 sq.ft, of floor area
plus 7 sq. ft. of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 4,500 sq. ft. of floor
area.
15,000-50,000
4,500 sq.ft, of floor area,
5-17
#16
Supplement #1
1. Ail residential uses: 1 space/bedroom
2. Lodge uses: N/A
3. All other uses: Requires Special Review pursuant
to Art. 7, Div. 4.
Sec. 5-206. Residential/Multi-Family (R/MF).
ae
Purpose. The purpose of the Residential/Multi-Family
(R/MF) Zone District is to provide for the use of land
for intensive long-term residential purposes, with
customary accessory uses. Recreational and institu-
tional uses customarily found in proximity to residen-
tial uses are included as conditional uses. Lands in
the Residential/Multi-Family (R/MF) Zone District are
typically those found in the original Aspen Townsite,
within walking distance of the center of the City, or
include lands on transit routes, and other lands with
existing concentrations of attached residential
dwellings and mixed attached and detached residential
dwellings.
Permitted uses.
right in the
District.
The following uses are permitted as of
Residential/Multi-Family (R/MF) Zone
~r.
2.
3.
4.
Detached residential dwelling;
Multi-family dwellings;
Home occupations; and
Accessory buildings and uses.
Conditional uses. The following uses are permitted as
conditional uses in the Residential/Multi-Family (R/MF)
Zone District, subject to the standards and procedures
established in Art. 7, Div. 3.
2.
3
4
5
6
7
8
Open use recreation site;
Public and private academic school;
Church;
Group home;
Day care center;
Museum;
Satellite dish antennae; &~
For properties which contain a Historic landmark;
bed and breakfast; boardinghouse; and two detached
residential dwellings on a lot with a minimum area
of 6,000 sq. ft.; and
Duplex residential dwelling.
5-19
#17
Supplement 91
50,000+
Lot Size
CSa. Ft.~
0- 3,000
3,000- 9,000
9,000- 15,000
15,000- 50,000
50,000+
of 6,600 sq. ft. of floor
area.
6,600 sq.ft, of floor area,
plus 2 sq.ft, of floor area
for each additional 100 sq.ft
in lot area.
DUPLEX
Allowable
Sa. Ft.
90 sq.ft, of floor area for
each 100 sq.ft, in lot area,
up to a maximum of 2,700
sq.ft, of floor area.
2,700 sq.ft, of floor area,
plus 30 sq.ft, of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 4,500 sq.ft, of floor area.
4,500 sq.ft, of floor area,
plus 7 sq.ft, of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 4,920 sq.ft, of floor area.
4,920 sq.ft, of floor area,
plus 6 sq.ft, of floor area
for each additional 100 sq.ft.
in lot area, up to a maximum
of 7,020 sq.ft, of floor area.
7,020 sq. ft. of floor area,
plus 3 sq.ft, of floor area
for each additional 100 sq.ft
in lot area.
Multi-family: 1:1, which may be increased to 1.1:1 by
Special Review pursuant to Art.7, Div.4.
11. Internal floor area ratio: no requirement
Off-street parking requirement. The following off-
street parking spaces shall be provided for each use in
the Residential/Multi-Family (R/MF) Zone District,
5-22
#18
Supplement #1
provided in Sec. 5-209.B.1 through 12, provided
all such storage is located within a structure;
14. Residential dwelling units which are located above
street level commercial uses in historic land-
marks, provided that the residential dwelling unit
is restricted to six month minimum leases; a~
15. Accessory residential dwellings restricted to
affordable housing guidelines;
16. Detached residential dwellings designated as
historic landmarks;
17. Newspaper publishing office;
18. Home occupations; and
19. Accessory buildings and uses.
Conditional uses. The following uses and activities are
permitted as conditional uses in the Commercial Core (CC)
Zone District, subject to the standards and procedures es-
tablished in Art. 7, Div. 3.
3.
4.
5.
6.
7.
8.
10.
11.
Recreational and entertainment establishments
limited to the following and similar uses:
business, fraternal or social club or hall;
ice or roller skating rink;
Gasoline service station;
Hotel;
Newspaper and magazine printing;
Day care center;
Timesharing;
Satellite dish antennae;
Residential dwelling units which are located above
street level commercial uses in buildings which
are not historic landmarks, provided that the
residential dwelling unit is restricted to six (6)
month minimum leases as provided in Sec. 5-508(A);
Residential dwelling units which are located above
street level commercial uses in historic landmarks
and which are not restricted to six month minimum
leases; &~
For properties which contain a Historic Landmark:
bed and breakfast; two detached residential
dwellings or a duplex on a lot with a minimum area
of 6,000 sq. ft.; and
Demolition of an existing residential dwelling
unit.
De
Dimensional reouirements. The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Commercial Core (CC) Zone District.
5-27
# 19A
Supplement #1
Sec. 5-210.
A.
Residential uses: None in historic landmarks; 1
space/bedroom in all other buildings which may be
provided via a payment in lieu pursuant to Art. 7,
Div. 4
Lodge uses: 0.7 space/bedroom, which may be
provided via a payment in lieu pursuant to Art. 7,
Div. 4.
All other uses: 2 spaces/1000 sq. ft. of net
leasable area which may be provided via a payment
in lieu pursuant to Art. 7, Div. 4.
Commercial
PUl'Dose. The purpose of the Commercial (C-1) Zone
District is to provide for the establishment of commer-
cial uses which are not primarily oriented towards
serving the tourist population.
Permitted uses. The following uses are permitted as of
right in the Commercial (C-i) Zone District.
6e
10.
11.
Medical clinics and dental clinics, professional
and business offices;
Open-use recreation site, recreation club,
assembly hall, theatre;
Church;
Public building for administration;
Retail commercial establishments limited to the
following and similar uses: antique store,
appliance store, art supply store, bookstore,
photo and camera shop, art gallery, clothes
store, florist, hobby or craft shop, jewelry
store, pet shop, furniture store, hardware
store, paint and wallpaper store, shoe store,
video sales and rental store;
Service commercial establishment limited to the
following and similar uses: catering
service, financial institution, office supply
store, shop-craft industry parking garage,
and personal service shops including barber
shop and beauty shop;
Accessory storage for the above uses if located
within the structure;
Accessory residential dwellings restricted to
affordable housing guidelines;
Detached residential dwellingsr-~pt~-~emi~lem~}
e}we~b~s and multi-family dwellings;
Broadcasting stations;
Home occupations; and
5-29
#19B
Supplement #1
12. Accessory buildings and uses.
Ce
Conditional uses. The following uses and activities
are permitted as conditional uses in the Commercial (C-
1) Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
1. Restaurant;
2. Day care center;
3. Printing plant; &~
4. Satellite dish antennae;
5. Duplex residential dwelling; and
6. Demolition of an existing residential
unit.
dwelling
Dimensional requirements. The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Commercial (C-l) Zone District.
1. Minimum lot size (sq.ft.):
Commercial uses: 3,000
Residential uses: 6,000
2. Minimum lot area per dwelling unit (sq.ft.):
detached residential dwelling: 6,000
Duplex: 3,000 per unit
For multi-family dwellings on lot between
6,000 and 9,000 sq. ft., the following
sq.ft, requirements apply:
studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: one
(1) bedroom per one thousand (1,000)
square feet of lot area.
For multi-family dwellings on lot of more
than 9,000 sq.ft., the following sq.ft.
requirements apply:
studio: 1,000
i bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: one
(1) bedroom per one thousand (1,000)
square feet of lot area.
Minimum lot width (ft.): no requirement
Minimum front yard (ft.): no requirement
5-30
#20A
Supplement #1
Off-street Darkina rec~irement. The following off-
street parking spaces shall be provided for each use in
the Neighborhood Commercial (NC) Zone District, subject
to the provisions of Art. 5, Div. 3.
1. Ail residential uses: 1 space/bedroom
2. Lodge uses: N/A
3. All other uses: 4 spaces/i,000 sq.
leasable area.
ft. of net
Sec. 5-213. Office ¢O).
Purpose. The purpose of the Office (O) Zone District
is to provide for the establishment of offices and
associated commercial uses in such a way as to preserve
the visual scale and character of former residential
areas that now are adjacent to commercial and business
areas, and commercial uses along Main Street and other
high volume thoroughfares.
Permitte~ uses. The following uses are permitted as of
right in the Office (0) Zone District.
Se
Detached residential dwellingsr-~m~l~-~we~b~s
and multi-family dwellings;
Professional and business offices;
Accessory residential dwellings restricted to
affordable housing guidelines;
Home occupations;
Group homes; and
Accessory buildings and uses.
Ce
Conditional uses. The following uses and activities
are permitted as conditional uses in the Office (0)
Zone District, subject to the standards and procedures
established in Art. 7, Div. 3.
Only for those structures that have received
historic landmark designation: antique store, art
studio, bed and breakfast, boarding house,
bookstore, broadcasting station, church, dance
studio, florist, fraternal lodge, furniture store,
mortuary, music store (for the sale of musical
instruments), music studio, restaurant, shop craft
industry, visual arts gallery, and provided,
however, that (a) no more than two (2) such
conditional uses shall be allowed in each struc-
ture, and (b) off-street parking is provided, with
alley access for those conditional uses along Main
Street;
5-36
#20B
Supplement #1
2. Two detached residential dwellings or a duplex on
a lot containing a historic landmark with a
minimum area of 6,000 sq. ft.;
3. Day care center;
4. Commercial parking lot or parking structure that
is independent of required off-street parking,
provided that it is not located abutting Main
Street; &~
5. Satellite dish antennae;
6. Duplex residential dwelling; and
7. Demolition of an existing residential dwelling
unit.
Dimensional reouirements. The following
requirements shall apply to all permitted
tional uses in the Office (0) Zone District:
dimensional
and condi-
Minimum lot size (sq. ft.): 6,000
Minimum lot area per dwelling unit
detached residential dwelling:
duplex: 3,000
(sq.ft.):
6,000
For multi-family dwellings on lots between
6,000 and 9,000 sq. ft., the following sq.ft.
requirements apply:
studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: one
(1) bedroom per one thousand (1,000)
square feet of lot area.
Se
For multi-family dwellings
9,000 sq.ft., the following
ments apply:
studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than
(1) bedroom per one
square feet of lot area.
Minimum lot width (ft.): 60
Minimum front yard (ft.):
principal building: 10
accessory building: 10
Minimum side yard (ft.): 5
Minimum rear yard (ft.):
principal building: 15
on lots more than
sq. ft. require-
3 bedrooms: one
thousand (1,000)
5-37
#21
Supplement #1
accessory building: 15
7. Maximum height (ft.):
principal building: 25
accessory building: 21 on front 2/3's of lot,
25 on rear 1/3 of lot
8. Minimum distance between buildings on the lot
(ft.): 10
9. Percent of open space required for building site:
no requirement
10. External floor area ratio: 0.75:1; however, the
0.75:1 external floor area ratio may be increased
to 1:1 by Special Review pursuant to Art. 7. Div.
4.
11. Internal floor area ratio: 0.75:1, increasable to
1:1; however, if the external floor area ratio is
increased by Special Review pursuant to Art. 7,
Div. 4, then sixty percent (60%) of the additional
floor area must be approved for residential use
restricted to affordable housing.
Off-Street markina requirement. The following off-
street parking spaces shall be provided for each use in
the Office (0) Zone District, subject to the provisions
of Art. 5, Div. 3.
Ail residential uses: 1 space/bedroom, fewer
spaces may be provided by special review pursuant
to Art. 7, Div. 4, for historic landmarks only.
Lodge uses: N/A
All other uses: 3 spaces/1,O00 sq. ft. of net
leasable area; fewer spaces may be provided ~y
~pee~-Rev~ew via a payment in lieu pursuant to
Art. 7, Div. 4, but no fewer than 1.5 spaces per
1,000 square feet of net leasable area shall be
provided on-site.
Sec. 5-214. Lodae/Tourist Residential ~L/TR).
AL
Puroose. The purpose of the Lodge/Tourist Residential
(L/TR) Zone District is to encourage construction and
renovation of lodges in the area at the base of Aspen
Mountain and to allow construction of tourist-oriented
detached, duplex and multi-family residential dwel-
lings.
Permitted uses.
right in the
District.
The following uses are permitted as of
Lodge/Tourist Residential (L/TR) Zone
1. Lodge units;
5-38
#22
Supplement #1
3.
4.
5.
Boardinghouse;
Hotel;
Multi-family dwellings;
Detached residential or duplex dwellings, only on
lots of 6,000 square feet or less;
Dining rooms, customary accessory commercial uses,
laundry and recreational facilities located on the
same site of and for guests of lodge units,
boardinghouses, hotels and dwelling units;
Accessory residential dwellings restricted to
affordable housing guidelines; and
Accessory buildings and uses.
Conditional uses. The following uses are permitted as
conditional uses in the Lodge/Tourist Residential
(L/TR) Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
Restaurant;
Timesharing; and
Satellite dish antennae.
Dimensional reouir-m-nts. The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Lodge/Tourist Residential (L/TR)
Zone District.
1. Minimum lot size (sq.ft.): 6,000
2. Minimum lot area per dwelling unit (sq.ft.):
Detached residential dwelling: 6,000
Duplex: 3,000
Multi-family dwellings: one (1) bedroom per
one thousand (1,000) sq. ft. of lot area,
provided that a studio shall be considered a
one (1) bedroom unit.
Lodge units: no requirement.
3. Minimum lot width (ft.): 60
4. Minimum front yard (ft.): 10
5. Minimum side yard (ft.): 5
6. Minimum rear yard (ft.): 10
7. Maximum height (ft.): 28
8. Minimum distance between principal and accessory
buildings (ft.): 10
9. Percent of open space required for building site:
25
10. External floor area ratio: 1:1
11. Internal floor area ratio:
Multi-Family: no requirement
Lodge, rental space: maximum of 0.5:1, which
.... 5-39
Supplement #1
Planned Unit Development.
Off-Street Darkina re~uir-m-nt. The following off-
street parking spaces shall be provided for each use in
the Park (P) Zone District subject to the provisions of
Art. 5, Div. 3.
1. Lodge use: 1 space/bedroom
2. Residential use: N/A
3. All other uses: Requires Special Review pursuant
to Art. 7, Div. 4.
Sec. 5-220. Public (Pub).
Puroose. The purpose of the Public (Pub) Zone District
is to provide for the development of governmental and
quasi-governmental facilities for cultural,
educational, civic and other governmental purposes.
Permitted uses. The following uses are permitted as of
right in the Public (Pub) Zone District.
2.
3.
4.
5.
9e
10.
11.
12.
13.
14.
Library;
Museum;
Post Office;
Hospital;
Essential governmental and public utility uses,
facilities, services and buildings (excluding
maintenance shops);
Performing art center;
Public transportation stop;
Terminal building, and transportation related
facilities;
Public surface and underground parking areas;
Community recreation facility;
Fire station;
Public School;
Public park; and
Accessory buildings and uses.
Conditional uses. The following uses are permitted as
conditional uses in the Public (Pub) Zone District,
subject to the standards and procedures established in
Art. 7, Div. 3.
Maintenance shop;
Affordable housing
e~-~he-~e; and
Satellite dish antennae·
5-47
#24
0
(J
#25
Supplement #1
ae
Type. The business directory signs shall be
wall signs or free-standing signs.
be
~,mher. There shall be not more than one (1)
business directory sign per lot.
Ce
Area. The maximum permitted area of the
business directory sign shall be as follows:
For 1 to 5 businesses -
For 6 to 10 businesses-
For more than 10 busi -
nesses
One square foot of
sign area per
business.
Five square feet
plus 1/2 square foot
for each business
over five
businesses.
7 1/2 square feet,
plus 1/4 square foot
for each business
over ten businesses,
to a maximum sign
area of 10 square
feet.
DIVISION 5: SUPPL~mIENTARY REGULATIONS.
Sec. 5-501. General.
Regulations specified in other sections of this article
shall be subject to the following provisions.
Sec. 5-502
Zoninq of vacated areas.
Whenever any street, alley or other public way within the
City of Aspen is vacated by the City Council, the land on which
the street, alley, or public way is located shall become a part
of the Zone District of the lands adjoining such street, alley or
public way. Those lands shall then become subject to the
regulations that apply to that Zone District. In determining
land available for development, however, vacated lands shall be
excluded from the calculation of allowable floor area, density or
required open space.
Seor-5-Se~=
5-76
#25
Supplement #1
gross floor area: warehousing and storage.
Retail sales areas, Ail of the square footage limita-
tions on use shall not restrict the square footage of
the total retail sales areas in these Zone Districts,
or any buildings occupied by any combination of more
than one (1) of the above uses; provided, however, that
any business enumerated above, of the same type which
occur individually or jointly in a single structure or
combination of structures situated upon a single tract
of land under the same ownership, shall be considered
one (1) business and together restricted to the maximum
gross floor area provided in this section.
Sec. 5-505. Kitchens in lodqe units.
Whenever kitchen facilities are installed in a lodge in the
Lodge/Tourist Residential (L/TR) Zone District, such unit shall
be deemed a multi-family unit and the lodge shall be required to
satisfy the minimum lot area requirements for a multi-family
dwelling unit as provided in this chapter.
Sec. 5-506. Domestic animals.
The keeping of domestic animals shall be permitted in the
Medium Density Residential (R-6), Moderate-Density Residential
(R-15), (R-15A) and (R-15B), Low Density Residential (R-30),
Residential/Multi-Family (R/MF), Residential/Mobile Home Park
(MHP), and Rural Residential (RR) Zone Districts, provided that
the keeping of such animals is incidental and subordinate to the
principal residential use of the premises, shall not change the
basic character of the residential use, shall not constitute a
commercial activity, and shall not violate any health, sanitary
or other regulations of the City or state, or otherwise consti-
tute a public nuisance.
Sec. 5-508.
Zonin~ of Lands Containinq More Than One Underl¥-
inu Zone District.
Whenever any parcel of land shall contain more than one under-
lying Zone District, the following rules shall apply.
A. Proposed use not allowed in all Zone District~. When a
5-78
#27
Supplement #1
Sec. 5-605.
Sec. 5-606.
Sec. 5-607.
interest bearing account. Such funds shall only
be used for the acquisition of land for public
park and recreation purposes, including trails,
and for capital improvements to such newly
acquired or existing park and recreation lands.
Refund of Fees. Fees collected pursuant to this
section may be returned to the then present owner
of property for which a fee was paid, including
any interest earned, if the fees have not been
spent within seven (7) years from the date fees
were paid, unless the Council shall have earmarked
the funds for expenditure on a specific project,
in which case the Council may extend the time
period by up to three (3) more years. To obtain a
refund, the present owner must submit a petition
to the Finance Director within one (1) year
following the end of the seventh (7th) year from
the date payment was received.
For the purpose of this section, payments collec-
ted shall be deemed spent on the basis of the
first payment in shall be the first payment out.
Any payment made for a project for which a
building permit is cancelled, due to noncommence-
ment of construction, may be refunded if a
petition for refund is submitted to the Finance
Director within three (3) months of the date of
the cancellation of the building permit. All
petitions shall be accompanied by a notarized,
sworn statement that the petitioner is the current
owner of the property and by a copy of the dated
receipt issued for payment of the fee.
Affordable Housina/Historic Landmark Whenever
the City Council shall have determined that any
part of a proposed development constitutes an
affordable housing development and wishes to
subsidize its construction, the City Council may
exempt that part of the development from the
application of the Park Development Impact Fee, or
reduce by any amount the fees imposed by this
section. City Council may also exempt any
Historic Landmark from the application of the Park
Development Impact Fee, or reduce by any amount
the fees imposed by this section.
Enforcement. Ail park development impact fees,
from the time they shall be due and payable, shall
become and remain a lien upon the land or improve-
ments against which they are assessed and may be
collected against any owner of such lands or
improvements. Any claim for payment may be
5-82
#2~
Supplement #1
parcel on which the development is proposed to
occur.
A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to apply for the Development
Application.
An 8 1/2"x 11" vicinity map locating the subject
parcel within the City of Aspen.
A written description of the proposal and an
explanation in written, graphic or model form of
why how the proposed development complies with the
~b~i~e-dewe~e~men~ review standards relevant
to the Development Application.
Ce
Consolidation of applications. If an applicant has
requested the consolidation of Development Applica-
tions, the Director shall waive any overlapping
application submission requirements in the consolidated
Development Application.
CoDvriahted Materials. The City of Aspen will not
accept for development application or recordation
purposes any materials to which copyright applications
have been made unless the applicant shall waive all
claims and indemnify the city. Any person submitting a
development application shall consent that any document
submitted to the City of Aspen as part of a development
application may be utilize~ by the City in any manner
deemed necessary, including, but not limited to,
recording at the Pitkin County Clerk and Recorder, to
preserve the representations made during the
development review process.
Sec. 6-203. Initiation of Development ADDlication.
A Development Application may be initiated by over fifty
percent (50%) of the owners of real property of a proposed
development. In addition, the City Council or the Commission may
initiate a Development Application to amend the text of this
chapter or the Official Zone District Map (Art. 7, Div. 11) or to
designate a Specially Planned Area (SPA) (Art. 7, Div. 8), and
6 - 9
#29
Supplement #1
General. No development shall occur except pursuant to
a building permit that is issued pursuant to the terms
and procedures of this section.
Procedure. The following procedure shall apply to the
issuance of any building permit.
Recordation of conditions of development order.
Prior to the submission of an Application for a
Building Permit, all documents required to be
submitted as a condition of the development order
for which a building permit is requested, shall be
recorded. These documents include, but shall not
be limited to final plats, any improvements
agreement, any other agreements, and any deed
restrictions which may have been agreed to in the
development order.
2. Submission of Annlication for Buildinq Permit.
Submission to Chief Buildina Official. An
Application for Building Permit shall be
submitted to the Chief Building Official.
Attached to the application shall be an
improvements survey performed within one (1)
year of the date of application which the
applicant shall certify represents current
site conditions and a topographic survey for
the property certified by a registered land
surveyor.
Review by PlanninQ Aaencv Staff. Upon its
receipt, the Chief Building Official shall
forward the application to the Planning
Agency staff who shall review the application
to ensure that the proposed development:
(1) Complies with the Uniform Building Code;
(2)
Has obtained any appropriate environmen-
tal and utility permits, including but
not limited to water and sewage permits;
and
(3) Complies with all relevant portions of
this chapter.
Certificate of Zoninq Compliance. If the
Planning Agency staff determines the proposed
development for which an Application for a
Building Permit is sought complies with all
applicable requirements of this chapter, and
with the commitments, representations and
6 -32
Supplement #1
The rights granted by this site specific develop-
ment plan shall remain vested for a period of
three (3) years from the effective date hereof.
However, any failure to abide by any of the terms
and conditions attendant to this approval will
result in the forfeiture of said vested property
rights. Failure to properly record all plats and
agreements required to be recorded by this Code
shall also result in the forfeiture of said
vested property rights.
The approval granted hereby shall be subject to
all rights of referendum and judicial review;
except that the period of time permitted by law
for the exercise of such rights shall not begin to
run until the date of publication provided for in
Sec. 6-207(D).
Zoning that is not part of the site specific
development plan approved hereby shall not result
in the creation of a vested property right.
4e
Nothing in this approval shall exempt the site
specific development plan from subsequent reviews
and approvals required by this approval of the
general rules, regulations and ordinances or the
City of Aspen provided that such reviews and
approvals are not inconsistent with this approval.
The establishment of a vested property right shall
not preclude the application of ordinances or
regulations which are general in nature and are
applicable to all property subject to land use
regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical
and mechanical codes. In this regard, as a
condition of this site development approval, the
applicant shall abide by any and all such build-
ing, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in
writing.
Non-Vested Development. Any development receiving
site specific development plan approval which does not
establish a vested property right nor obtain a building
permit shall have its approval expire eighteen (18)
months subsequent to the date of site specific
development plan approval.
6 -35
Supplement #1
~. A Development Application for a permitted
use shall consist of an Application for a Building
Permit pursuant to Sec. 6-206, together with a descrip-
tion of the proposed development. The Development
Application shall be submitted to the Building Inspect-
or.
De
Action on the application. Upon receipt of a Develop-
ment Application for a permitted use, the Building
Inspector shall review it and approve the application
if it is determined the proposed development is in
compliance with the requirements of Sec. 6-206, all
requirements of this chapter, and all other provisions
of the Aspen Municipal Code.
DIVISION 3: CONDITIONAL USES
Sec. 7-301. Purpose,
Conditional uses are those land uses which are generally
compatible with the other permitted uses in a Zone District, but
which require individual review of their location, design,
configuration, intensity and density in order to ensure the
appropriateness of the land use in the Zone District.
Sec. 7-302. Authority.
The Commission, in accordance with the procedures, standards
and limitations of this division, shall approve, approve with
conditions, or disapprove a Development Application for a condi-
tional use, after recommendation by the Planning Director.
Sec. 7-303. Authorized conditional uses.
Only those uses which are authorized as a conditional use
for each Zone District in Art. 5, Div. 2, may be approved as a
conditional use. The designation of a land use as a conditional
use in a Zone District does not constitute an authorization of
such land use or act as an assurance that such land use will be
approved as a conditional use; rather, each proposed conditional
use shall be evaluated by the Commission for compliance with the
standards and conditions set forth in this division.
Sec. 7-304. Standards applicable to all conditional uses
When considering a Development Application for a conditional
use, the Commission shall consider whether all of the following
standards are met, as applicable.
A. The conditional use is consistent with the purposes,
#3!~
Supplement #1
goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Zone
District in which it is proposed to be located; and
Be
The conditional use is consistent and compatible with
the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or
enhances the mixture of complimentary uses and ac-
tivities in the immediate vicinity of the parcel
proposed for development; and
Ce
The location, size, design and operating characteris-
tics of the proposed conditional use minimizes adverse
effects, including visual impacts, impacts on pedes-
trian and vehicular circulation, parking, trash,
service delivery, noise, vibrations and odor on
surrounding properties; and
There are adequate public facilities and services to
serve the conditional use including but not limited to
roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services,
hospital and medical services, drainage systems, and
schools; and
The applicant commits to supply affordable housing to
meet the incremental need for increased employees
generated by the conditional use; and
The proposed conditional use complies with all addi-
tional standards imposed on it by the Aspen Area
Comprehensive Plan and by all other applicable require-
ments of this chapter.
· The Plannin~ ~irector may recommend, and the Commission may
impose such conditions on a conditional use that are necessary t~
maintain the integrity of the City's Zone Districts and to
ensure the conditional use complies with the purposes of the
Aspen Area Comprehensive Plan, this division, and this chapter;
is compatible with surrounding land uses; and is serve~ by
adequate public facilities. This includes, but is not limited to
imposing conditions on size, bulk, location, open space, land-
scaping, buffering, lighting, signage, off-street parking and
other similar design features, the construction of public
facilities to serve the conditional use, and limitations on the
duration of conditional use approval.
Sec. 7-305. Procedure for Conditional Use approval.
A Development Application for a conditional use shall be
7 -3
#~1C
Supplement #1
reviewed and recommended for approval, approval with conditions,
or disapproval by the Planning Director, and then approved,
approved with conditions, or disapproved by the Commission at a
public hearing held in accordance with the procedures established
in Common Procedures, Art. 6, Div. 2. A Development Application
for a conditional use may be consolidated with any other Develop-
ment Application pursuant to the requirements of Common Proce-
dures, Art. 6, Div. 2.
Sec. 7-306. ADDlicatlon.
The Development Application for a conditional use shall
include the following.
The general application information required in Sec. 6-
202;
Be
A sketch plan of the site showing existing and proposed
features which are relevant to the review of the
conditional use application; and
If the application involves development of a new
structure or expansion or exterior remodeling of an
existing structure, proposed elevations of the struc-
ture.
Sec. 7-307. Amendment of development order.
Insubstantial amendmeDt. An insubstantial amendment to
an approved development order for a conditional use may
be authorized by the Planning Director. An insubstan-
tial amendment shall be limited to changes in the
operation of a conditional use which meet all of the
following standards:
7 -4
Supplement #1
For the Residential/Multi-Family (R/MF) zone
district only, increases in external floor area
shall only be permitte~ on sites subject to the
requirements of Art. 5, Div. 7, Replacement
Housing Program. To obtain the increase, the
applicant shall demonstrate a minimum of two-
thirds (2/3) of the additional floor area allowed
is used to increase the size of the affordable
housing units beyond the minimum size limitations
of the City's housing designee and the development
complies with the standards of Sec. 7-404 A I and
2.
Off-street Darkin~ re~uir-m~ntm. Whenever the off-
street parking requirements of a proposed development
are subject to establishment or reduction by Special
Review, the Development Application shall only be
approved if the following conditions are met.
In the Commercial Core (CC), Commercial (C-l),
Office (O), Commercial Lodge (CL) or Lodge/Tourist
Residential (L/TR) zone districts, the applicant
shall make a one-time only payment-in-lieu of
parking to the City, in the amount of $15,000 per
space required, based on the cost for such spaces
stated in the report entitled "Physical and
Financial Conceptual Design for Two Parking
Facilities for the City of Aspen" prepared by RNL
Facilities Corporation.
Approval of the payment-in-lieu shall be at the
option of the Commission. In determining whether
to accept the payment or whether to require that
the parking be provided on-site, the Commission
shall take into consideration the practical
ability of the applicant to place parking on-site,
whether the parking needs of the development have
been adequately met on-site and whether the City
has plans for a parking facility which would
better meet the needs of the development and the
community than would location of the parking on-
site.
The payment-in-lieu of parking shall be due and
payable at the time of issuance of a building
permit. All funds collected shall be transferred
by the Building Inspector to the Finance Director,
for deposit in a separate interest bearing
account. Monies in the account shall be used
solely for the construction of a parking structure
7 -8
#33
Supplement #1
or similar new parking facility within or adjacent
to the zone districts to which this subsection
applies.
Fees collected pursuant to this section may be
returned to the then present owner of property for
which a fee was paid, including any interest
earned, if the fees have not been spent within
seven (7) years from the date fees were paid,
unless the Council shall have earmarked the funds
for expenditure on a specific project, in which
case the Council may extend the time period by up
to three (3) more years. To obtain a refund, the
present owner must submit a petition to the
Finance Director within one (1) year following the
end of the seventh (7th) year from the date
payment was received.
For the purpose of this section, payments collec-
ted shall be deemed spent on the basis of the
first payment in shall be the first payment out.
Any payment made for a project for which a
building permit is cancelled, due to noncommence-
ment of construction, may be refunded if a
petition for refund is submitted to the Finance
Director within three (3) months of the date of
the cancellation of the building permit. All
petitions shall be accompanied by a notarized,
sworn statement that the petitioner is the current
owner of the property and by a copy of the dated
receipt issued for payment of the fee.
In order to insure that the payment-in-lieu rate
is fair and represents current cost levels, it
shall be reviewed within two years of its
effective date, and every two years thereafter.
Any necessary amendments to this section shall be
initiated by the Commission or the City Council to
address the results of the review.
In all other zone districts where the off street
parking requirements are subject to establishment
or reduction by special review, the applicant
shall demonstrate that the parking needs of the
residents, guests and employees of the project
have been met, taking into account potential uses
of the parcel, its proximity to mass transit
routes and the downtown area, and any special
services, such as vans, provided for residents,
guests and employees.
7 -9
#34A
Supplement #1
Space/Trails Plan map is dedicated for public use.
Sec. 7-504. Stream margin review.
APPlicability. The provisions of stream margin review
shall apply to all development within one hundred
(100') feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary
streams, or within the one hundred (100) year floodpl-
ain where it extends beyond one hundred (100') feet of
the Roaring Fork River and its tributary streams, or
within a flood hazard area, unless exempted pursuant to
Section 7-504 (B).
Exemption. The expansion, remodeling or reconstruction
of an existing development shall be exempt from stream
margin review if the following standards are met:
The development does not add more than ten percent
(10%) to the floor area of the existing structure
or increase the amount of building area exempt
from floor area calculations by more than twenty-
five percent (25%); and
The development does not require the removal of
any tree for which a permit would be required
pursuant to Section 13-76 or the applicant
receives a permit pursuant to said subsection; and
The development is located such that no portion of
the expansion, remodeling or reconstruction will
be any closer to the high water line than is the
existing development; and
The development does not fall outside of an
approved building envelope, if one has been
designated through a prior review; and
The development is located completely outside of
the-o~e-~e~-~-ye&m-~l~o~bm-Special Flood
Hazard Area and more than one hundred feet (100')
measured horizontally, from the high water line of
the Roaring Fork River and its tributary stremmm
or the expansion, remodeling or reconstruction
will cause no increase to the amount of ground
coverage of structures within the--~e~M~}a&m
Special Flood Hazard Area.
Ce
Stream margin review standards. No development shall
be permitted within the floodway, with the exception of
7 -15
#34B
Supplement #1
bridges or structures for irrigation, drainage, flood
control or water diversion, which may be permitted by
the City Engineer, provided plans and specifications
are provided 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-~-h~d~ed--6t~-~ai~-~l~
p~i~ 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,
&-~-t~o~-heza~--~eaT, unless the Commission makes a
determination that the proposed development complies
with all the standards set forth below.
It can be demonstrated that ~he any proposed
development 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 e~e~&~i~--ee~ea~e
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.
Any trail on the parcel designated on the Aspen
Area Comprehensive Plan: Parks/Recreation/Open
Space/Trails Plan map is dedicated for public use.
The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for
development, to the greatest extent practicable.
No vegetation is removed or slope grade changes
made that produce erosion and sedimentation of the
stream bank.
Se
To the greatest extent practicable, the proposed
development reduces pollution and interference
with the natural changes of the river, stream or
other tributary.
7 -16
#35A
Supplement #1
The Development Application for development in an Environ-
mentally Sensitive Area (ESA) shall include the following:
The general application information required in Sec. 6-
202.
A plan of the proposed development, which shall depict
at a minimum the following information:
The boundary of the property for which development
is requested.
2. Existing and proposed improvements.
3. Significant natural features, including natural
hazards and trees.
In addition to these minimum plan contents, the
development plan submitted for development in each type
of ESA shall also include the following:
For development subject to 8040 greenline review,
the plan shall depict:
ae
Existing and proposed grades at two-foot
contours, with five-foot intervals for grades
over ten percent (10%).
b. Proposed elevations of the development.
A description of proposed construction
techniques to be used.
For development subject to stream margin review,
the plan shall depict:
The lO0-year floodplain line and the high
water line.
Existing and proposed grades at two-foot
contours, with five-foot intervals for grades
over ten percent (10%).
When development is proposed in a special
flood hazard area: accurate elevations (in
relation to mean sea level) of the lowest
floor, including basement, of all new or
substantially improved structures; a verifi-
cation and recordation of the actual eleva-
tion in relation to mean sea level to which
7 -22
#35B
supplement #1
any structure is constructed; a demonstration
that all new construction or substantial
improvements will be anchored to prevent
floatation, collapse or lateral movement of
any structure to be constructed or improved;
a demonstration that the structure will have
the lowest floor, including basement,
elevated to at least two (2) feet above the
base flood elevation, all as certified by a
registered professional engineer or archi-
tect.
d. A description of proposed construction
techniques to be used.
For development subject to mountain viewplane, the
plan shall depict:
Proposed elevations of the development,
including any rooftop equipment and how it
will be screened.
Photographs shall be submitted by the
applicant which show the present improvements
which protrude into or are in the vicinity of
the viewplane. The applicant shall graphic-
ally represent on the photographs how the
proposed improvements will appear in relation
to existing improvements and views.
Sec. 7-508. Conditions.
The Planning Director may recommend and the Commission may
impose conditions to its approval of development in an Environ-
mentally Sensitive Area (ESA), which includes but is not limited
to means for:
Minimizing any adverse impact of the proposed develop-
ment upon lands, including the use and operation and
the type and intensity of activities which may be con-
ducted;
Controlling the sequence or timing of proposed develop-
ment, including when it must be commenced and com-
pleted;
Controlling the duration of use of development and the
time within which any structures must be removed;
D. Assuring that development is maintained properly in the
-23
#36A
Supplement #1
Fe
Oe
Expansion or erection of a structure wherein
the increase in floor area of the structure
is two hundred and fifty (250) square feet or
less; or
de
Erection or remodeling of combinations of, or
multiples of 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) of the above
listed 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 existing structures.
3e
ADplication. A Development Application for Minor
Development shall include the following:
The general application information required
in Sec. 6-202.
An accurate representation of all major
building materials, such as samples and
photographs, to be used for the proposed
development.
A scale drawing of the proposed development
in relation to any existing structure.
A statement of the effect of the proposed
development on the original design of the
historic structure (if applicable) and
character of the neighborhood.
Siqnificant Development.
Procedure for Review. Before HPC approval of
Significant Development within an H, Historic
Overlay District and of all development involving
Historic Landmarks, a Conceptual Development Plan
and Final Development Plan shall be reviewed and
approved by the HPC pursuant to the procedures
established in Common Procedures, Art. 6, Div. 2.
2. Definition. Significant Development shall be
7 -27
#36B
Supplement #1
defined as follows:
Erection of an awning, canopy, sign, fence or
other similar attachments to, or accessory
features of, a structure that, in the process
of erecting, cause original materials of the
structure to be destroyed or removed;
Erection or remodeling of combinations of or
multiples of any single feature of a struc-
ture which has not been determined to be
minor;
Expansion or erection of a structure wherein
the increase in floor area of the structure
is more than two hundred and fifty (250)
square feet;
de
Construction of a new structure within an H,
Historic Overlay District; and
The ~edevelopment of the site of an Historic
Landmark which has received approval for
demolition, partial demolition or relocation
when a ~edevelopment plan has been required
by the HPC pursuant to Section 7-602(B).
Conceptual Development Plan.
Development APPlication of Conceptual
Development Plan. A Development Application
for a Conceptual Development Plan shall
include the following:
(1) The general application information
required in Sec. 6-202.
(2)
A sketch plan of the proposed develop-
ment showing property boundaries and
predominant existing site characteris-
tics.
(3) Conceptual selection of major building
materials to be used in the proposed
development.
(4)
A statement of the effect of the
proposed development on the original
design of the historic structure (if
applicable) and/or character of neigh-
borhood.
7 -28
#36C
Supplement #1
Effect of Approval of Conceptual Develomment
Plan. Approval of a Conceptual Development
Plan shall not constitute final approval of
Significant Development or permission to
proceed with development. Such approval
shall constitute only authorization to
proceed with a Development Application for a
Final Development Plan.
Limitation on ADDroval of Conceptual Develop-
ment Plan. Application for a Final Deve-
lopment Plan shall be filed within one (1)
year of the date of approval of a Conceptual
Development Plan. Unless an extension is
granted by the HPC, failure to file such an
application shall render null and void the
approval of a Conceptual Development Plan
previously granted by the HPC.
Final Development Plan.
ae
Submission of ADDlication for Final Develop-
ment Plan. A Development Application for a
Final Development Plan shall include:
(1) The general application information
required in Sec. 6-202.
(2)
An accurate representation of all major
building materials, such as samples and
photographs, to be used for the proposed
development.
(3)
Scale drawings of the proposed develop-
ment in relation to any existing
structure.
(4)
A statement of the effect of the details
of the proposed development on the
original design of the historic struc-
ture (if applicable) and character of
the neighborhood.
(5)
A statement of how the Final Development
Plan conforms to the representations
made during the conceptual review and
7 -29
#37A
Supplement #1
responds to any conditions placed
thereon.
Sec. 7-602.
Demolition, Partial Demolition or Relocation of a
Historic Landmark.
General. No demolition ~m~--~e~--~emeva% of an
Historic Landmark or any structure within an "H"
Historic Overlay District or any structure rated as a
"4" or a "5" by the HPC in its evaluation of the
Inventory of Historic Sites and Structures of the City
of Aspen pursuant to Sec. 7-709, shall be permitted
unless the demolition is approved by the HPC because
it meets the standards of Sec. 7-602(B).6~-~%~z~
No partial demolition and removal of a portion of any
Historic Landmark or any structure within an "H",
Historic Overlay District shall be permitted unless the
p~%b~-deme}~en-~m approved by the HPC as necessary
for the renovation of the structure, and
%he-%H~ because it meets the standards of Sec. 7-
602~B~4~--~4%~3~--%$~(C), or unless the partial
demolition and removal is exempt because it creates no
change to the exterior of the structure and has no
impact on the character of the structure.
No relocation of an Historic T~ndmark or any structure
within an "H" Historic Overlay District or any
structure rated as a "4" or a "5" by the HPC in its
evaluation of the Inventory of Historic Sites and
Structures of the City of Aspen pursuant to Section 7-
709, shall be permitted unless the relocation is
approved by the HPC because it meets the standards of
Section 7-602 (D) (1) through (4).
When deemed appropriate due to the significance of the
project, the HPC may require a Performance Guarantee in
a form acceptable to the City Attorney as assurance
that the demolition, partial demolition, or relocation
will be completed as represented.
Standards
demolition
all of the
for Review of Demolition. No approval for
shall be granted unless the HPC finds that
following standards are met.
The structure proposed for demolition is not
structurally sound despite evidence of the owner's
efforts to properly maintain the structure; and
-30
#37B
supplement #1
e
The structure cannot be rehabilitated or reused on
site to provide for any reasonable beneficial use
of the property; and
The structure cannot be practicably moved to
another site in Aspen; and
The applicant demonstrates that the proposal
mitigates to the greatest extent practical, the
following:
Any impacts that occur to the character of
the neighborhood where demolition is proposed
tO occur.
he
Any impact on the historic importance of the
structure or structures located on the parcel
and adjacent parcels
Ce
Any impact to the architectural integrity of
the structure or structures located on the
parcel and adjacent parcels.
C. Standards for Review of Partial Demolition.
No approval for partial demolition shall be granted
unless the HPC finds that all of the following
standards are met:
1. The partial demolition is required for the
renovation, restoration or rehabilitation of the
structure; and
7 -31
#37C
Supplement #1
The applicant has mitigated, to the greatest
extent possible:
ae
Impacts on the historic importance of the
structure or structures located on the
parcel.
b. Impacts on the architectural integrity of the
structure or structures located on the
parcel.
D. Standards for Review of Relocation.
No approval for relocation shall be granted unless the
HPC finds that all of the following standards are met:
The structure cannot be rehabilitated or reused on
its original site to provide for any reasonable
beneficial use of the property; and
The relocation activity is demonstrated to be the
best preservation method for the character and
integrity of the structure, and the historic
integrity of the existing neighborhood and
adjacent structures will not be diminished due to
the relocation; and
The structure has been demonstrated to be capable
of withstanding the physical impacts of the
relocation and resiting. A structural report
shall be submitted~ by a licensed engineer
demonstrating the soundness of the structure
proposed for relocation; and
A relocation plan shall be submitted, including
posting a bond with the Engineering Department, to
insure the safe relocation, preservation and
repair (if required) of the structure, site
preparation and infrastructure connections. The
receiving site shall be prepared in advance of the
physical relocation; and
The receiving site is compatible in nature to the
structure or structures proposed to be moved, the
character of the neighborhood is consistent with
the architectural integrity of the structure, and
the relocation of the historic structure would not
diminish the integrity or character of the
neighborhood of the receiving site. An acceptance
letter from the property owner of the receiving
-32
~37D
Supplement #1
site shall be submitted.
Procedure for review. A Development Application shall
be submitted to the Planning Director before HPC
approval of demolition, partial demolition or
relocation, w~t~-e~-~,--~i~t~i~-eve~aY-~i~%~i~-~
P~m~-~m-~ which shall be reviewed and
approved by the HPC pursuant to the procedures
established in Co~on Procedures, Art. 6, Div. 2.
The HPC shall be authorized to suspend action on a
demolition, partial demolition or relocation
application when it finds that it needs additional
information to determine whether the application meets
the standards of Section 7-602(B) or that the
propose~al-~eme~ is a matter of such great public
concern to the City that alternatives to the
demolition, partial demolition or relocation must be
studied jointly by the City and the owner.
Alternatives which the HPC may consider having studied
shall include, but not be limited to finding
economically beneficial uses of the structure, removal
of the structure to a suitable location, providing
public subsidy to the owner to preserve the structure,
identifying a public entity capable of public acqui-
sition of the structure, or revision to the demolition,
partial demolition or relocation and ~edevelopment
plan.
The HPC shall be required to specify the additional
information it requires or the alternatives it finds
should be studied when it suspends action on the
development, partial demolition or relocation
application. Action shall only be suspended for the
amount of time it shall take for the necessary
information to be prepared and reviewed by the Planning
Director, but in no case shall suspension be for a
period to exceed six (6) months.
Application for Demolition, Partial
Relocation. A Development Application
shall include the following:
Demolition or
for Demolition
The general application information required in
Sec. 6-202.
The name of the structure proposed for demolition,
~ partial demolition or relocation.
7 -33
#37E
Supplement #1
Sec.
A written description of the structure proposed
for demolition, e~ partial demolition or
relocation, and its year of construction.
7-603.
A.
A report from a licensed engineer or architect
regarding the soundness of the structure and its
suitability for rehabilitation.
5. An economic feasibility report that provides:
ae
estimated market value of the property on
which the structure lies, in its current
condition, and after demolition,-~ partial
demolition or relocation.
estimates from an architect, developer, real
estate agent or appraiser experienced in
rehabilitation addressing the economic feasi-
bility of rehabilitation or reuse of the
structure proposed for demolition,-~ partial
demolition or relocation.
all appraisals made of the
the structure is located
previous two (2) years.
property on which
made within the
any other information considered necessary to
make a determination whether the property
does yield or may yield a reasonable return
on investment.
A ~edevelopment plan and a statement of the effect
of the proposed ~edevelopment on the other
structures on the property and the character of
the neighborhood around the property shall be
submitted in cases when the HPC requires a
~edevelopment plan to evaluate the appropriateness
of demolition or when the applicant believes the
submission of a ~edevelopment plan will assist in
the evaluation of the proposed demolition.
Insubstantial Amendment of Development order.
An insubstantial amendment to an approved development
order may be authorized by the Planning Director. An
insubstantial amendment shall be limited to technical
or engineering considerations, first discovered during
actual development which could not reasonably be an-
ticipated during the approval process. An insubstan-
7 -34
#38
Supplement #1
tial amendment shall be defined as a change in shape or
location of a single window, awning, door, staircase or
other feature on the structure or use of a material
made by a different manufacturer that has the same
quality and approximately the same appearance as
originally approved.
Ail other amendments shall be approved by the HPC
pursuant to Sec. 7-601 or 7-602, whichever is ap-
plicable.
Sec. 7-604. ADDeal and Call UP.
ae
Any action by the HPC in approving, approving with
conditions, or disapproving a development order for
development or demolition or suspending action on a
demolition application or in rating a structure on the
Inventory of Historic Structures may be appealed to the
City Council by the applicant or a landowner within
three hundred (300) feet of the subject property within
sixty (60) days of the decision. The reasons for the
appeal shall be stated in writing.
The City Council may also call up for review any
decision of the HPC approving, disapproving, or
suspending action on a demolition or relocation of a
historic landmark or any structure on the Inventory
rated as a "4" or "5" by the HPC by serving written
notice on the HPC within fourteen (14) days of the
HPC's decision and notifying the applicant of the call
up.
within thirty (30) days after the date of a decision by
the HPC which is appealed or called up by the City
Council, the Council shall hold a public hearing after
publishing notice pursuant to Section 6-205 E.3.a.
~}vC.
The City Council shall consider the application on the
record established before the HPC. The City Council
shall affirm the decision of the HPC unless the City
Council shall determine that there was an abuse of
discretion, or a denial of due process by the HPC.
Upon determining that there was an abuse of discretion
or denial of due process, the City Council shall be
authorized to take such action as it shall deem
necessary to remedy said situation, including but not
limited to reversing the decision, altering the
conditions of approval, changing the length of time
during which action on a demolition application has
been suspended or the terms of the suspension, or
7 -35
#39A
Supplement #1
remanding the application to HPC for rehearing.
Sec. 7-605.
Variances.
The Board of Adjustment shall not take any action on a
Development Application for a variance pursuant to Art. 10, in
the H, Historic Overlay District or development affecting a
Historic Landmark, without receiving a written recommendation
from the HPC.
Sec. 7-606. Minimum Maintenance Requirements.
A®
Purpose. The intent of this Section is to reduce the
incidence of "demolition by neglect".
Requirements. Ail buildings and structures identified in
the Inventory of Historic Sites and Structures as described
in Section 7-709, and all structures located within a
historic district, shall be maintained to meet the
requirements of the Uniform Conservation Building Code
(UCBC) and the Uniform Building Code (UBC). Said structures
shall receive reasonable care, maintenance and upkeep
appropriate for the preservation, protection, enhancement,
rehabilitation, reconstruction, perpetuation or use in
compliance with the terms of this article.
Every person in charge of such building or structure shall
keep in good repair:
1. All of the exterior portions of such improvements.
All interior portions thereof which, if not so
maintained, may cause or tend to cause the exterior
portions of such improvements to deteriorate, decay or
become damaged or otherwise to fall into a state of
disrepair.
The Historic Preservation Commission, on its own initiative,
may file a petition with the Chief Building official
requesting that said official proceed under the provision of
this Section to require correction of defects or repairs to
any structure covered by this article so that such structure
shall be preserved and protected in consonance with the
purpose of this article.
C®
Demonstration of Hardship: Any owner of a structure
identified in the Inventory of Historic Sites and Structures
which HPC and the Chief Building Official finds requires
such maintenance and repairs as described in this Section
may make application requesting from the City Council a one-
-36
#39B
Supplement #1
time, no interest loan, in an amount not to exceed
$10,000.00, which the owner shall agree to pay back to the
city within ten (10) years or when the property is sold or
the title is transferred, whichever is the soonest. To be
eligible for the loan, the owner shall demonstrate economic
hardship which previously prohibited these repairs and that
the loan amount is the minimum needed to maintain the
structure. The loan request shall include a description of
the proposed repairs necessary to maintain the historic
structure and approximate costs for such repairs.
DIVISION 7: HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS
Sec. 7-701. Puroose.
The purpose of this division is to:
Ensure the preservation of Aspen's character as an
historic mining town because of its importance to the
economic viability of the community as an inter-
national ski resort and cultural center.
Be
Promote the cultural, educational and economic welfare
of Aspen through the preservation of historic struc-
tures and areas and the preservation of the historic
character of the community.
Encourage productive and economically attractive uses
of historic structures.
De
Support the implementation of the Aspen Area Comprehen-
sive Plan Historic Preservation Element.
Sec. 7-702. Standards for Desiqnation.
Any structure or site that meets one (1) or more of the
following standards may be designated as H, Historic Overlay
District and/or Historic Landmark:
A®
Historical Importance. The structure or site is a
principal or secondary structure or site commonly
identified or associated with a person or an event of
historical significance to the cultural, social or
political history of Aspen, the State of Colorado, or
the United States.
Architectural Importance. The structure or site
reflects an architectural style that is unique,
distinct or of traditional Aspen character.
-37
#40
supplement #1
Ce
Architectural Importance. The structure or site
embodies the distinguishing characteristics of a
significant or unique architectural type or specimen.
Architectural Importance. The structure is a sig-
nificant work of an architect whose individual work has
influenced the character of Aspen.
Neiahborhood Character. The structure or site is a
significant component of an historically significant
neighborhood and the preservation of the structure or
site is important for the maintenance of that neighbor-
hood character.
Community Character. The structure or site is critical
to the preservation of the character of the Aspen
community because of its relationship in terms of size,
location and architectural similarity to other struc-
tures or sites of historical or architectural impor-
tance.
Sec. 7-703. Procedure for Designation, Amendment, Rescinding.
A Development Application for a proposed designation,
amendment to a designation, or rescinding of a designation, H,
Historic Overlay District and/or Historic Landmark, shall be
reviewed and recommended for approval, approval with conditions,
or disapproval by the Planning Director, at public hearings by
the HPC, and the Commission, and then approved, approved with
conditions, or disapproved at a public hearing by the City
Council in accordance with the procedures established in Common
Procedures, Art. 6, Div. 2.
Sec. 7-704. AnDlication.
The application for Historic Designation shall include the
following:
A. The general application information required in Sec. 6-
202; &~
B. A boundary description of the site; and
Ce
If the applicant intends to request a grant from City
Council, a letter making the request shall be
submitted, provided the structure meets the eligibility
criteria for a landmark designation grant and provided
the program has been funded in the annual City of Aspen
budget.
-38
#41
Supplement #1
Be
It shall be the responsibility of the HPC, based on the
recommendations of the Planning Director, to evaluate
the inventory of historic structures at least once
every five (5) years, and to hold a public hearing to
solicit comments on its evaluations. The purpose of
the evaluation shall be to determine those structures
which are to be removed from the inventory, any
structures which should be added to the inventory, and
to rate all structures which remain on the inventory.
Ce
The HPC evaluation process shall proceed as follows.
The structures on the inventory shall be categorized as
to whether or not they are Historic Landmarks. No
further action need be taken with respect to Historic
Landmarks. All structures which are not Historic
Landmarks shall be evaluated by the HPC as to their
current architectural integrity, historic significance
and community and neighborhood influence. Structures
shall be assigned with a rated value of between 0 and
5, based on guidelines established by the HPC and
ratified by ordinance of City Council. Structures
which are rated 0 and 1 shall be deemed to have no
historic value and shall be removed from the inventory.
Structures rated 2 through 5 shall remain on the
inventory and periodically be re-evaluated as provided
above.
Sec. 7-710.
Development approval
for historic landmark
Whenever development approval is conditioned upon a
structure receiving historic landmark designation, such condition
shall be deemed satisfied only if the particular structure has
received individual designation pursuant to Art. 7, Div. %6;
inclusion of the structure within an historic overlay district
shall not be sufficient to satisfy the requirement of historic
designation. No final development approval conditioned upon
receipt of historic landmark designation shall be grante~ until
the designation ordinance is adopted by City Council.
DIVISION 8: SPECIALLY PLANNED AREA (SPA)
Sec. 7-801. Purpose.
The purpose of a Specially Planned Area (SPA) is to:
Provide design flexibility for land which requires
innovative consideration in those circumstances where
traditional zoning techniques do not adequately address
7 -40
#42
Supplement #1
(D)(2)(a).
Variations Dermitte~. The final development plan
shall comply with the requirements of the underly-
ing Zone District, provided, however, that
variations from these requirements may be allowed,
based on the standards of Section 7-804(b).
Variations may be allowed for the following
requirements: open space, minimum distance
between buildings, maximum height, minimum front
yard, minimum rear yard, minimum side yard,
minimum lot width, minimum lot area, trash access
area, external and internal floor area ratios,
number of off-street parking spaces, use and
minimum lot area per dwelling unit.
Variations in maximum height, external and
internal floor area and minimum lot area per
dwelling %umit shall be limited to minimal or
modest increases which are demonstratod to be in
the best interest of the co~unity and shall only
be granted when good cause is shown by the
applicant. Any such variations shall be
compensated by increases in yard dimensions or
open spa~e provided or by decreases in height in
portions of the development which are determined
to be reasonable to insure the compatibility of
the SPA with surrounding developments or by such
other compensation in the form of community
benefits as may be appropriate. Any variations
allowed shall be specified on the SPA agreement
and shown on the Final Development Plan.
SPA Aqreement. Upon approval of a Final Develop-
ment Plan, the applicant and the City Council
shall enter into an agreement binding the real
property to any conditions placed on the develop-
ment order approving the Final Development Plan,
and providing landscape and public facilities
guarantees as specified in Sec. 7-904(C) and (D).
Recordation. The Final Development Plan, which
shall consist, as applicable, of final drawings
depicting the site plan, landscape plan, utility
plan and building elevations, and Specially
Planned Area (SPA) agreement shall be recorded in
the office of the Pitkin County Clerk and
Recorder, and shall be binding upon the property
owners subject to the development order, their
successors and assigns, and shall constitute the
7 -46
#43
Supplement #1
he
An increase by greater than one (1%) percent
in the approved residential density of the
proposed development.
The Planning Director's evaluation shall compare
the proposed amendment to the original approval
and if any other amendments have been approved
since the original approval, shall consider the
cumulative impacts of all approvals granted.
Ail other modifications shall be approved pursuant
to the terms and procedures of the Final Develop-
ment Plan, provided that the proposed change is
consistent with or an enhancement of the approved
ee~ee~t~al Final Development Plan. If the
proposed change is not consistent with the
approved Final Development Plan, the amendment
shall be subject to both Conceptual and Final
Development Plan review and approval.
During the review of the proposed amendment, the
Commission and City Council may impose such
conditions as are necessary to insure that the
development will be compatible with current
community conditions. This shall include, but not
be limited to, applying to the portions of the
development which have not been built or are
proposed to be amended any new community policies
or regulations which have been implemented since
the original approval, or taking into
consideration changing community cir~,m~tances as
they affect the project's original representations
and commitments.
In the absence of an approved Final Development
Plan, an accurate improvements survey of existing
conditions may be substituted to permit evaluation
of whether the proposed activity is an insubstan-
tial or other change to the site.
DIVISION 9: PLANNED UNIT DEVELOPMENT
Sec. 7-901. Purpose.
The purpose of Planned Unit Development (PUD)
to encourage flexibility and innovation in the
land which
designation is
development of
Promotes greater variety in the type, design, and
layout of buildings.
-48
#44
Supplement #1
4e
District.
(4)
Density shall be further reduced as
specified in Article 3, Definition of
Lot Area.
Land Uses. The land uses permitted shall be those
of the underlying Zone District. Detached
residential units may be authorized to be
clustered in a zero lot line or row house
configuration, but multi-family dwelling units
shall only be allowed when permitted by the
underlying Zone District.
Dimensional Requirements. The dimensional
requirements shall be those of the underlying Zone
District, provided that variations may be permit-
ted in the following:
g.
h.
i.
j.
Minimum distance between buildings;
Maximum height (including viewplanes);
Minimum front yard;
Minimum rear yard;
Minimum side yard;
Minimum lot width;
Minimum lot area;
Trash access area;
External and internal floor area ratio;
Minimum percent open space.
and
Variations in maximum height and external and
internal floor area shall be limited to minimal or
modest increases which are demonstrated to be in
the best interests of the community and shall only
be granted when good cause is shown by the
applicant. Any such variations shall be
compensated by increases in yard dimensions or
open space provided or by decreases in height in
portions of the development which are determined
to be reasonable to insure the compatibility of
the PUD with surrounding developments or by such
other compensation in the form of community
benefits as may be appropriate.
7 -52
Supplement #1
(3)
(4)
(5)
(6)
(7)
(8)
#45
circulation plans, and off-street
parking and open space areas. The plan
shall be of sufficient detail to enable
evaluation of the design features and
natural features of the proposed
development. It shall show the location
and floor area of all existing and
proposed buildings and other improve-
ments including their height, dwelling
unit types and all non-residential
facilities.
A statement specifying how the develop-
ment complies with the dimensional and
off-street parking requirements of the
underlying Zone District on the parcel
proposed for development, and a specific
listing of any variations requested from
these requirements.
A statement specifying the public
facilities that will be needed to
accommodate the proposed development,
and what specific assurances will be
made to ensure the public facilities
will be available to accommodate the
proposed development.
A statement outlining a development
schedule specifying the date construc-
tion is proposed to be initiated and
completed, any proposed public facili-
ties the developer is proposing to
construct, and the phasing and construc-
tion of the proposed public facilities.
A statement of the reasonable
conformance of the Final Development
Plan with the approval granted to the
Conceptual Development Plan.
Preliminary elevations and drawings of
proposed public facilities that are to
be placed on the parcel proposed for
development, if applicable.
An architectural sketch indicating floor
plans and all exterior elevations of any
buildings or other structures proposed
for development.
7 -58
#46
Supplement #1
(9)
(10)
(11)
A landscape plan indicating the treat-
ment of exterior spaces in the proposed
development. The landscape plan should
show
(a)
The extent and location of all
plant materials and other landscape
features;
(b) Flower and shrub bed definition;
(c)
Proposed plant material at mature
sizes and in appropriate relation
to scale;
(d) Species and size of existing plant
material;
(e) Proposed treatment of all ground
surfaces (e.g. paving, turf, and
gravel).
(f) Location of water outlets; and
(g)
A plant material schedule with
common and botanical names, sizes,
quantities and method of trans-
plant;
A topographic map prepared by a
registered land surveyor, registered
landscape architect or register engineer
identifying the areas on the parcel
proposed for development where slopes
are:
(h) Between zero (0%) and twenty (20%)
percent;
(i) Between twenty-one (21%) and thirty
(30%) percent;
(j) Between thirty-one (31%) and forty
(40%) percent;
(k) In excess of forty (40%) percent.
An open space plan, and if applicable, a
legal instrument or instruments setting
7 -59
#47A
Supplement #1
forth a plan providing
care and maintenance
recreational areas and
facilities and private
common open space is
deeded to a homeowners'
proposed documents
for the permanent
of open spaces,
communally-owned
streets. If the
proposed to be
association, the
governing the
association shall also be submitted.
Such documents shall meet the following
requirements: (a) The homeowners'
association must be established before
any residences are sold. (b) Membership
in the association must be mandatory for
each residence owner. (c) Open space
restrictions must be permanent and not
for a period of years. (d) The homeown-
ers' association must be made respon-
sible for liability insurance, taxes and
maintenance of recreational and other
facilities. (e) The association must
have the power to levy assessments which
can become a lien on individual premises
for the purpose of paying the cost of
operating and maintaining common
facilities. (f) The governing board of
any such association shall consist of at
least five (5) members who shall be
owners of property in the Planned Unit
Development (PUD).
(12)
A plat which depicts the applicable
information required by Sec. 7-1004(D)
(1) (a) (3) and (D) (2) (a).
3. Consolidation of Conceptual and Final Plan Review.
An applicant may request and the Planning Director may
determine that because of the limited extent of the issues
involved in a proposed Planned Unit Development in relation to
these review procedures and standards, or because of a
significant community interest which the project would serve, it
is appropriate to consolidate conceptual and final development
plan review. The Planning Director shall consider whether the
full four step review would be redundant and serve no public
purpose and inform the applicant during the pre-application stage
of whether consolidation will be permitted.
An application which is determined to be eligible for
consolidation shall be processed pursuant to the terms and
procedures of Final Development Plan review. The Commission or
-60
#47B
Supplement #1
City Council may, during review, determine that the application
should be subject to both conceptual and final plan review, in
which case consolidated review shall not occur.
Sec. 7-904. PUD Aqreement.
ae
General. Upon approval of a Final Development Plan for
the Planned Unit Development (PUD), the applicant and
City Council shall enter into a Planned Unit Develop-
ment (PUD) Agreement binding the PUD to any conditions
placed on the development order.
Common Park and Recreation Areas. The PUD Agreement
shall outline any agreement on the part of the ap-
plicant, to deed to each lot or dwelling unit owner
within the Planned Unit Development (PUD), an undivided
interest in all common park and recreations areas,
together with a deed restriction against future
residential, commercial, or industrial development.
Ce
Landscape Guarantee. In order to ensure implementation
and maintenance of the landscape plan, the city Council
may require the applicant to provide a guarantee for no
less than one hundred twenty-five percent (125%) of the
current estimated cost of the landscaping improvements
in the approved landscape plan, as estimated by the
city Engineer, to ensure the installation of all
landscaping shown and the continued maintenance and
replacement of the landscaping for a period of two (2)
years after installation. The guarantee shall be in
the form of a cash escrow with the City, or a bank or
savings and loan association, or an irrevocable sight
draft or letter of commitment from a financially
responsible lender and shall give the City the uncon-
ditional right upon demand to partially or fully
complete or pay for any improvements or pay any
outstanding bills, or to withdraw funds upon demand to
partially or fully complete or pay for any improve-
ments or pay for any improvement or pay any outstanding
bills for work done thereon by any party.
As portions of the landscaping improvements are
completed, the City Engineer shall inspect them, and
upon approval and acceptance, shall authorize the
release of the agreed estimated cost for that portion
of the improvements, except that ten percent (10%)
which shall be withheld until all proposed improvements
are completed and approved, and an additional twenty-
five percent (25%), which shall be retained until the
improvements have been maintained in a satisfactory
7 -61
#48
Supplement #1
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before
me this day of , 19__,
by , City Clerk.
Witness my hand and official seal.
Notary Public
My Commission expires:
Sec. 7-905.
Placement of PUD Desiqnation on Official Zone
District Map.
After final approval of a Planned Unit Development (PUD),
the Planning Director shall amend the City's Official Zone
District Map to show a Planned Unit Development (PUD) designa-
tion.
Sec. 7-906. Recordation.
The Final Development Plan, which shall consist, as
applicable, of final drawings depicting the site plan, landscape
plan, utility plan and building elevations, and Planned Unit
Development (PUD) agreement shall be recorded in the office of
the Pitkin County Clerk and Recorder, and shall be binding upon
the property owners subject to the development order, their
successors and assigns, and shall constitute the development
regulations for the property. Development of the property shall
be limited to the uses, density, configuration, and all other
elements and conditions set forth on the Final Development Plan
and PUD agreement. Failure on the part of the applicant to
record the Final Development Plan and PUD agreement within a
period of one hundred and eighty (180) days following its
approval by City Council shall render the plan invalid. Recon-
sideration of the Final Development Plan and PUD agreement by the
Commission and City Council will be required before its
acceptance and recording.
Sec. 7-907. Amendment of PUD development order.
Insubstantial Amendment. An insubstantial amendment to
an approved development order for a Final Development
Plan may be authorized by the Planing 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. The following
shall not be considered an insubstantial amendment.
7 -63
#49A
Supplement #1
1. A change in the use or character of the develop-
ment.
An increase by greater than three (3%) percent in
the overall coverage of structures on the land.
Any amendment that substantially
generation rates of the proposed
the demand for public facilities.
increases trip
development, or
A reduction by greater than three (3%) percent of
the approved open space.
A reduction by greater than one (1%) percent of
the off-street parking and loading space.
A reduction in required pavement widths or rights-
of-way for streets and easements.
7e
An increase of greater than two (2%) percent in
the approved gross leasable floor area of commer-
cial buildings.
An increase by greater than one (1%) percent in
the approved residential density of the proposed
development.
The Planning Director's evaluation shall compare the
proposed amendment to the original approval and if any
other amendments have been approved since the original
approval, shall consider the cumulative impact of all
approvals granted.
Other amendment. Any other amendment shall be approved
pursuant to the terms and procedures of the Final
Development Plan, provided that the proposed change is
consistent with or an enhancement of the approved
~mee~%~&~ Final Development Plan. If the proposed
change is not consistent with the approved
Final Development Plan, the amendment shall be subject
to both Conceptual Beve~--P~a~ and Final
Development Plan review and approval.
During the review of the proposed amendment, the
Commission and City Council may impose such conditions
as are necessary to insure that the development will be
compatible with current community conditions. This
shall include, but not be limited to, applying to the
portions of the development which have not been built
-64
#49B
Supplement #1
or are proposed to be amended any new community
policies or regulations which have been implemented
since the original approval, or taking into
consideration changing community circumstances as they
affect the project's original representations and
commitments.
Ce
Absence of approved Final Development Plan. In the
absence of an approved Final Development Plan for a
site designated Planned Unit Development (PUD), an
accurate improvements survey of existing conditions may
be substituted to permit evaluation of whether the
proposal is an insubstantial or other amendment.
Sec. 7-908. Enforcement of PUD Development order.
City. The provisions of a development order approving
a Final Development Plan for a Planned Unit Development
(PUD) relating to the uss of land and the location of
common open space shall run in favor of the City, and
shall be enforceable at law or in equity by the City,
without limitation on any power or regulation otherwise
granted by law.
Residents. Ail provisions of the development order
approving a Final Development Plan for a Planned Unit
Development (PUD) shall also run in favor of the
residents, occupants, and owners of the Planned Unit
Development (PUD), but only to the extent expressly
provided in the development order and in accordance
with the terms of the Final Development Plan. To that
extent, said provisions, whether recorded by plat,
covenant, easement or otherwise, may be enforced at law
or in equity by residents, occupants, or owners acting
individually, jointly, or through an organization
designated in the development order to act on their
behalf. However, no provisions of the development
order shall be implied to exist in favor of residents,
occupants, and owners except those provisions of the
development order which have received approval.
Release by City. Ail those provisions of the develop-
ment order approving a Final Development Plan for a
Planned Unit Development (PUD) authorized to be
enforced by the City, may be modified, removed or
released by the City subject to the following:
No modification, removal or release of the
provisions shall affect the rights of the resi-
dents, occupants, and owners of the Planned Unit
7 -65
#50
Supplement #1
(3)
(4)
Residential (RR),
Commercial (C-I) and office (0) zone
districts shall be restricted to six (6)
month minimum leases, with no more than
two (2) shorter tenancies per year,
unless the applicant shall demonstrate
that:
(a)
The immediate vicinity of the
parcel proposed for condominium-
ization is characterized predomi-
nantly by lodges or other units
which are permitted to be used as
short term accommodations, and a
substantial percentage of these
units are currently being used for
short-term rentals; and
(b)
There were not previously long-term
residents of the parcel who were
displaced directly or indirectly by
the proposed condominiumization;and
(c)
The parcel is in close proximity to
the downtown area or to major
tourist recreational facilities,
and
(d)
The Aspen Area Comprehensive Plan
designates the subject neighborhood
as appropriate for short term
accommodations.
Residential dwelling units which are
located in historic landmarks in the
Commercial core (CC) zone district and
which receive conditional use approval
pursuant to Art.7, Div. 3 may be leased
without limitation.
Residential dwelling units in the
Lodge/Tourist Residential (L/TR) zone
district or in any zone district which
has a Lodge (L) overlay may be leased
without limitation.
Residential dwelling units which are
restricted as affordable housing shall
be limited to six (6) month minimum
leases, with no more than two (2)
-92
#5lA
Supplement #1
shorter tenancies per year, regardless
of the zone'district in which they are
located.
Affordable housin~ impact fee.
~urDose. The city of Aspen has deter-
mined that the condominiumization of
residential dwelling units has an impact
on the availability of affordable
housing in the community. In order to
allow the owners of residential dwell-
ings the ability to condominiumize their
units, while maintaining the community's
stock of affordable housing, it is
necessary for the city to impose an
affordable housing impact fee.
(2)
Applicability. The Affordable Housing
Impact Fee shall be applied to the
condominiumization of existing residen-
tial units. The Affordable Housing
Impact Fee shall also apply to the
condominiumization of new residential
units, unless the project shall have
already provided affordable housing
pursuant to Sec. 8-106 (E) (5), in which
case the project shall be exempt from
the impact fee. The Affordable Housing
Impact Fee shall not apply to the
condominiumization of any unit which is
already restricted to the affordable
housing guidelines of the City's housing
designee.
An applicant may request waiver of the
Affordable Housing Impact Fee by
demonstrating that the condominiumized
unit will remain available to employees
of the community. Demonstration shall
be in the form of a pe~m&~eme restric-
tion placed on the unit that the unit
will only be s~l~}-~-~r--eee~p~e~-~y
~eb~-~~ used as a resident
occupied unit, that any rental or sale
of the unit shall be reviewed by the
City's housing designee to monitor
compliance with this restriction, and
7 -93
Supplement #1
(3)
(4)
#5lB
that the unit will be limited to six (6)
month minimum leases, with no more than
two shorter tenancies per year.
Should the owner of a unit which has
been restricted as a resident occupied
unit wish to convert it back to a free
market unit, this may be accomplished by
requesting that the City Council accept
the then current applicable Affordable
Housing Impact Fee in place of the
permanent restriction on the unit.
Fee Schedule. The Affordable Housing
Impact Fee shall be assessed according
to the following schedule.
studio:
one-bedroom:
two-bedroom:
three-bedroom or larger:
$3350 per unit
$4700 per unit
$6025 per unit
$8050 per unit
The assessment schedule has been
determined by the City of Aspen based on
an analysis of the impacts of condomin-
iumization on the need for affordable
housing. Calculations detailing the
methodology employed in arriving at this
value are contained in the staff report
entitled "Relationship Between Residen-
tial Development and Affordable Housing"
dated January 21, 1988.
In order to insure that the fees
assessed to the condominiumization of
residential dwelling units are fair and
represent current City policy, the fee
schedule shall be reviewed within two
years of its effective date, and every
two years thereafter. Any necessary
amendments to this section shall be
initiated by the Commission or the City
Council to address the results of the
review.
Time of Payment and Use of Funds. The
Affordable Housing Impact Fee for new
residential development shall be due and
payable at the time the plat for the
7 -94
#52
Supplement #1
Ce
Commercial and office develommen~. Twenty-~e~
(~r~20,O00) thousand square feet of commercial
and office space, allocated as follows.
· e~ Eight thousand (~r~8 8,000) square feet
of net leasable commercial and office space
within the Commercial Core (CC) Zone District
and Commercial (C-i) Zone District.
S~em Six thousand (~r~9~ 6,000) square feet
of net leasable commercial and office space
within the Neighborhood Commercial (NC) Zone
District and Service/Commercial/Industrial
(SCI) Zone District.
Four thousand (4,000) square feet of net
leasable commercial and office space within
the Office (0) Zone District; and
T~ee Two thousand (~r~8~ 2,000) square feet
of net leasable commercial and office space
within the Commercial Lodge (CL) and all
other Zone Districts.
Excess development allotments.
In awarding development allotments, the City
Council may authorize development in excess of the
maximum amount of development allotted for a year
established in Sec. 8-103(A). Excess allotments,
however, shall not exceed twenty-five (25%) of the
annual development allotment established in
Section 8-103(A)(1),(2) or (3).
Any allocation of excess development allotments
shall be off-set by a reduction in successive
years so that every fifth year the total develop-
ment allotted within the previous five (5) years
shall not be in excess of the cumulative total
permitted by Sec. 8-103(A).
Unallocated development allotments. If following the
award of development allotments there shall remain
unallocated development allotments, the City Council,
following a public hearing for which notice has been
given pursuant to Section 6-205(E) (3) (a), shall by
resolution either carry over the unallocated allotments
to the next year, or eliminate the unallocated allot-
ments. In making its decision, the City Council shall
8 - 2
#53
Supplement #1
not more than one (1) residential dwelling
unit or three (3) hotel, lodge, bed and
breakfast, boardinghouse, roominghouse or
dormitory units. Enlargement or change of use
of an Historic Landmark which occurs in
phases shall not exceed these limits on a
maximum cumulative basis.
Ce
Detached sinale family or duplex dwelling
unit. The construction of one (1) or two (2)
detached residential units or a duplex
dwelling ~mi~ on a vacant lot which was
subdivided or was a legally described parcel
prior to November 14, 1977, which complies
with the provisions of Sec. 7-1004(A) (5).
This exemption shall not be applied to any
lot for which any other development allotment
is currently being sought or is approved.
Expansion of commercial or office us-~. The
expansion of an existing commercial or office
use in a building which does not increase its
net leasable square footage.
Ail development not limited. Ail development
not limited by the provisions of Section 8-
103.
Procedure. Before any development can be con-
sidered for an exemption from the requirements of
this section by the Planning Director, an Applica-
tion for a Building Permit shall be submitted
pursuant to Sec. 6-206. In addition to these
general requirements, if the Application requests
an exemption for delayed reconstruction pursuant
to Sec. 8-104(A)(1) (a) (2), an improvements survey
of the structure shall also be submitted for
verification by the Planning Agency staff prior to
any demolition taking place. The Application
shall be approved if it meets the standards of
Sec. 8-104(A) (1).
B. Exemption bv Commission.
General. Development which may be exempted by the
Commission shall be as follows:
Expansion of commercial or office us,~. The
expansion of an existing commercial or office
building by not more than five hundred (500')
$ - 7
#54
Supplement #1
enlargement or change of use of an Historic
Landmark which develops more than one (1)
residential dwelling unit or three (3) hotel,
lodge, bed and breakfast, boardinghouse,
roominghouse or dormitory units.
The applicant shall demonstrate that the
development will mitigate its impacts on the
community by providing employee housing at
the level which would meet the threshold
required in Section 8-106 for the use;
providing parking according to the standards
of this Code; meeting the project's water
supply, sewage treatment, drainage control,
transportation, fire protection and solid
waste disposal needs; and demonstrating that
the project's site design is compatible with
surrounding projects and appropriate for the
site.
Procedure. Before any proposed development can be
considered for an exemption by the Commission from
the requirements of this article, an Application
for Exemption shall be submitted to the Planning
Director. After a determination of Completeness
pursuant to Sec. 6-204, the application shall be
forwarded to the Commission for review and
consideration at a hearing. The Commission shall
grant the. exemption if the application meets the
standards of Sec. 8-104(B).
C. Exemption by City Council.
General. Development which may be exempted by the
City Council shall be as follows.
Lot Split. The development of one (1)
detached residential dwelling on a vacant lot
formed by a lot split granted subsequent to
November 14, 1977 pursuant to Section 7-
1003(a) (2). In order to be eligible for this
exemption, the property need not contain any
development on the original lot.
b. Construction of Essential Public Facilities.
Ail construction of essential public facili-
ties other than housing. Development shall
be considered an essential public facility if
it serves an essential public purpose,
8 - 9
#55
Supplement #1
HPC Conceptual Approval. In the event historic
preservation committee (HPC) approval is needed for any
proposed project, the c~mmittee's conceptual approval
must be secured prior to submitting an application for
a development allotment. The applicant shall be
required to secure final approval of the project from
the committee prior to submission of an application for
a building permit.
Sec. 8-106. Procedure and standards for development allotment.
Annual submission dates. A Development Application for
a development allotment for the following types of
development shall be submitted to the Planning Director
pursuant to Common Procedures,
before the following dates.
Development
Tourist Accommodations
Commercial/Office
Residential
Art. 6, Div. 2, on or
Submission Date
August 1
September 15
November 1
ADDlication contents.
consist of twenty-one
information:
A Development Application shall
(21) copies of the following
1. The general application information required in
Sec. 6-202.
A written description of the proposed development
including statements about:
(a)
How the proposed development shall be
connected to the public water system, includ-
ing information on main size and pressure;
the excess capacity available in the public
water system; the location of the nearest
main; and the estimated water demand of the
proposed development.
(b)
How the proposed development shall be
connected to the public sewage treatment
system; the excess capacity available in the
public sewage treatment system; the nearest
location to the building site of a trunk or
connecting sewer line; and the expected
sewage treatment demand of the proposed
development.
8 - 13