HomeMy WebLinkAboutresolution.apz.018-81RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE IMPLEMENTATION OF FLOOR AREA LIMITATIONS
ON ALL SINGLE FAMILY AND DUPLEX CONSTRUCTION IN THE CITY
OF ASPEN AND RECOM~ENDING OTHER CF~qNGES TO THE
ZONING REGULATIONS TO CLARIFY THESE LIMITATIONS
Resolution No. 81 - t8
WHEREAS, as a result of recent construction of single family and duplex
residences in Aspen with excessive area and bulk, numerous citizens of Aspen
did petition the Aspen City Council to place limitations on the construction
of such residences, and
WHEREAS, in response to the citizen-initiated petition, the Aspen City
Council did adopt Ordinance 50, series of 1981 on August 24, 1981, imposing a
three (3) month temporary moratorium on the construction and/or expansion of all
buildings within the R-MF zone district within the City of Aspen, and
WHEREAS, on November 24, 1981, the Aspen City Council did adopt Ordinance 80,
series of 1981, extending the moratorium on the construction and/or expansion of
all buildings in the R-MF zone district for a period of one month to provide
the Planning and Zoning Commission adequate time to thoroughly review this
problem and develop an adequate solution to it, and
WHEREAS, the Planning and Zoning Commission has thoroughly researched the
problem of the construction of residences with excessive area and bulk and has
found that the problem is not confined to the R-MF zone district, but instead
is equally of concern in all residential zone districts, and
WHEREAS, the Planning Commission has evaluated numerous methods of deal-
ing with area and bulk problems and finds that it is most appropriate to place
limitations on the size of residences irrespective of the zone district in
which they are located, and
WHEREAS, on November 24, 1981, at a special meeting of the Planning
Commission, several alternative approaches to control excessive area and bulk
in residential districts were presented, and
WHEREAS, the Planning Commission has found the "sliding scale" area and
bulk control technique, based on lot size in any zone district, to be the
most effective method of limiting floor area for the following reasons:
1. The method realistically deals with the problem of substandard lots.
and,
o
The sliding scale approach appropriately assumes that allowable
building square footage for single family and duplex units is a
function of lot size. Therefore the requirement is uniform across
the City, works irrespective of zone districts and does not pen-
alize an applicant because of where he owns property.
The sliding scale method deals more equitably with the great range
of lot sizes found within each zone district than does a straight
ratio for each district.
The method is easy to explain and administer and can be readily applied
at an applicant's request.
The standards provide a mechanism for increasing the allowable
square footage in 100 square foot increments of lot size and reflect
a maximum desirable floor area for each lot size range. As a lot
size increases, so does the ability to accommodate a larger structure
up to a determined limit.
WHEREAS, at a regular meeting on December 8, 1981, the Planning Commission
did hold a public hearing to consider the sliding scale area and bulk control
technique and did instruct the Planning Office to develop a more permissive
approach to compare to the approach which initially bad been considered, and
WHEREAS, at a special meeting on December 15, the Planning Commission
toured approximately 53 sample structures in various zone districts through-
out the City of Aspen to determine the suitability of various proposed floor
area limitations, and
WHEREAS, following the tour, the Planning Commission did reconsider both
the restrictive and permissive approaches to area and bulk controls and did
find that the more restrictive approach provides more desirable limitations
consistent with the existing area and bulk in AspenLs neighborhoods, and
WHEREAS, as a result of the tour, the Planning Commission did determine
that the existing 1:1 FAR for multi-family buildings is not excessive, but
that an open space limitation in the R-MF district to restrict the possible
lot coverage of residential development would be beneficial, while the existing
28 foot height limitation in the R-MF district is not consistent with the
other zone districts in Aspen, and
WHEREAS, the Planning Commission did also consider various additional
changes to the zoning regulations to clarify the definitions of continuous
open space, basement and subgrade, and to clarify the methodology for
measuring floor area, and
WHEREAS, the Planning and Zoning Commission does wish to sponsor changes
to the Aspen zoning regulations for the purposes of imposing floor area
limitations on all single family and duplex construction in the City of Aspen.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of
the City of Aspen:
Section 1
That it does hereby recommend that the Aspen City Council adopt the
following amendments to Section 24-3.4 of the Municipal Code to provide floor
area limitations on single family and duplex structures in all residential zone
districts in the City of Aspen:
Lot Size
0-3,000
3,001-9,000
9,001-15,000
15,001-50,000
50,000+
Standard Allowable Sq. Ft.
75 sq.ft, for each 100 sq.ft.
in lot area
29.2 sq.ft, for each additional
100 sq.ft, in lot area
7 sq.ft, for each additional
100 sq.ft, in lot area
4.5 sq.ft, for each additional
100 sq.ft, in lot are
2 sq.ft, for each additional
100 sq.ft, in lot area
2,250
2,250-4,000
4,000-4,420
4,420-6,000
6,000+
Section 2
The Planning and Zoning Commission does hereby recommend that the Aspen
City Council maintain the current floor area ratio of 1:1 for multi-family
structures. However, the Commission recommends that City Council amend
Section 24-3.4 of the code by adopting an open space requirement of 35 percent
in the R-MF zone district so as to prevent development which covers the lot
from setback to setback. The Commission further recommends that the City
Council amend Section 24-3.4 of the code by reducing the height limitation in
the R-MF zone district from 28 feet to 25 feet.
Section 3
The Planning and Zoning Commission recommends that City Council repeal
Section 24-3.7 (d) (4) in order that the continuous aspect of the open space
requirement be eliminated.
Section 4
The Planning and Zoning Commission recommends that City Council amend the
zoning regulations to clarify the language regarding floor are measurements by
repealing and reenacting the following code sections:
1. Section 24-3.1(b) should be amended as follows:
(b) Basement: That area of a structure fifty (50) percent or
more of which is below grade, and is used for parking, living
space, storage and other secondary purposes~ Those areas be-
neath a basement which are subordinate to the principal use of
the building, and used for parking, storage and other secondary
purposes shall be designated subbasement(s).
2. Section 24-3.1(ee) should be amended as follows:
(ee) Subgrade: Any story of a structure which is one hundred
percent (100%) below grade and which is subordinate to the principal
use of the building, and used for parking, storage and other secondary
purposes.
3. Section 24-3.7(e) should be amended as follows:
(e) Measuring floor area for floor area ratio and allowable floor
area.
(1) In measuring floor area for the purpose of calculating
floor area limitations and allowable floor area, there
shall be included that area within the surrounding exterior
walls (measured from their exterior surface) of a building
or portion thereof, exclusive of vent shafts and courts.
The calculation of floor area of a building or a portion
thereof used for non-residential purposes shall include
any area under a horizontal projection of a roof or bal-
cony even thou§h such areas are not surrounded by exterior
walls, when such areas are necessary for the function of the
building. For the purposes of this calculation, parking
and above-grade decks and balconies for non-residential
purposes shall be considered necessary for the function of
the building and shall be included in non-residential floor
area calculations. For the purposes of residential floor
area calculations, balconies and decks shall be excluded
when such features are less than or equal to fifteen per-
cent (15%) 9f the maximum allowable floor area in the
structure. All space included in a balcony or deck which
is greater than 15% of the structure's total floor area
shall be calculated as part of the~oor area calculation.
For the purposes of residential floor area calculations,
garages and carports shall be exempt up to a size of 600
square feet; any garage or carport space exceeding 600 square
feet shall be included as part of the residential floor area
calculations.
(2)
For purposes of calculatin§ external floor area ratio,
there shall be included basement and subbasement areas
in CC and C1 districts except any such basement or sub-
basement area devoted to parking. In all districts other
than CC or C1, those subgrade and subbasement areas not in
conformance with the minimum requirements for natural light,
ventilation and emergency exit for the applicable occu-
pancy group in the Building Code of the City of Aspen
shall be excluded from external floor area limitation
calculations. Basement areas and those sub§rade and sub-
basement areas meeting the minimum requirements for
natural light, ventilation, and emergency exit for the
applicable occupancy group shall be included in external
floor area ratio calculations. Areas dedicated to
mechanical operation of buildings shall be excluded from
external floor area ratio calculations in all districts.
(3)
For Planned Unit Development applications in the R-MF,
R-6, R-15 and R-30 zones, the allowable floor area shall
be calculated by determining the square footage of the
entire land ownership, excluding existing rights-of-way
and easements, and dividing by the total number of
dwelling units existin§ and proposed for development.
The resulting square footage of land shall be used to
determine the allowable floor area according to the
provisions of 24-3.4 and 24-3.7(e). Allowable floor
area shall be calculated based on the type of develop-
ment proposed that is, one-family or two-family dwelling
construction. In areas designated mandatory Planned Unit
Development on the Zoning District Map, except for pre-
viously subdivided lots of record, the square footage
of the entire land ownership shall first be reduced accord-
ing to the provisions of Section 24-8.18 of the Zoning
Code. The reduced square footage of land shall then
be divided by the total number of dwelling units existing
and proposed for development and the resulting square
footage of land shall be used to determine the allowable
floor area for the entire development as provided
for in this Section 24-3.7(e)(3).
The limitations of Section 24-13.5 of the code, entitled
"Repairs and Maintenance", shall not apply to structures
made non-conforming by the limitations of this resolution.
Section 5
The Planning and Zoning Commission does hereby indicate that since this
resolution is to be adopted following public hearing and is for the purposes
of amending the zoning regulations, that the provisions of Section 24-12.7
are therefore put into effect. The Plannin§ and Zoning Commission does
therefore indicate to the Building Inspector that no building permits
which would be prohibited by these proposed amendments shall be issued for
a maximum of one year following the effective date of this resolution, or
until such time that City Council shall adopt or reject said amendments.
Approved by the Aspen Plannin§ and Zoning Commission at their regular
meeting on December 22, 1981.
ASPEN PLANNING AND ZONING COMMISSION
By: Olof~edstro~-Chai~m~
ATTEST:
D~puyCity Cl~rk ~ - ~