HomeMy WebLinkAboutresolution.apz.034-05RESOLUTION NO. 34
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE
COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND
DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.040, MEDIUM-
DENSITY RESIDENTIAL (R-6); 26.710.050, MODERATE-DENSITY RESIDENTIAL (R-
15); 26.710.060, MODERATE-DENSITY RESIDENTIAL (R-15A); 26.710.090,
RESIDENTIAL MULTI-FAMILY (R/ME); 26.470.040, TYPES OF DEVELOPMENT AND
ASSOCIATED PROCESS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL
LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE, AND RECOMMENDING THAT
CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE.
WHEREAS, the Community Development Department is interested in providing clarification
on the process of adopting plans and guiding documents and how the plans or guidelines will be
used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the way a
setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in the R-6, R-15, R-15A, and
IUMF zone districts; and,
WHEREAS, the Community Development Department initiated code amendments to the Lodge
zone district and Commercial Lodge zone district standards to encourage new development and
redevelopment of lodging units within the city and finds that additional amendments to the code
are necessary to facilitate new development and redevelopment of lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text
amendments under the applicable provisions of the Municipal Code as listed under Land Use Code
Section 26.310.040, Standards of review; and,
WHEREAS, during a duly noticed public heating on November 1, 2005 and continued on
November 22, 2005, as required by Section 26.310.020, Procedure for amendment, the Planning
and Zoning Commission approved Resolution No. 34 Series of 2005, by a five to zero (5-0) vote,
approving the recommended changes to the above referenced sections of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
Section 1:
The changes in Section 1 provide clarification on the adoption process of plans and guiding
documents and how new plans and guiding documents will be used in relation to other plans.
Therefore, Section 26.104.030, Comprehensive Community Plan, is repealed in its entirety and
replaced by striking and adding, denoted by :tr2c: and add, language to the Land Use Code as
follows:
Section 26.104.030, Comprehensive Community Plan and Other Plans~ Guidelines~ or
Documents.
The city shall from time to time adopt and update a comprehensive community plan (known as
the Aspen Area Community Plan or AACP) which shall establish and project the city's land use
and development planning philosophy, goals, and policies. The comprehensive community plan
shall be broad in scope, and serve as a guide to all land use development and planning. The plan
shall encourage and incorporate regional planning as well as land use development cooperation
and coordination between the city and neighboring communities and jurisdictions.
From time to time the city ma¥ amend, extend, or add to its comprehensive community plan, or
carry any part qf its subject matter into greater detail through the development of supplemental
plans; guidelines, or documents. Within the text of these plans, guidelines, or documents it will
describe how the material shall be used in relation to the AACP, land use development, and
planning. Specifically, there shall be a determination of whether the document will be used as a
£uidin~ or reffulatory document. If used as a guiding or regulatory document the document shall
be adopted b¥ resolution or ordinance, as appropriate and b¥ the appropriate body, as provided
in Chapter 26.200, Administration - Decision Making Bodies. Specifically, if the document is to
be used as a policy ora board or commission the document will be adopted by resolution of that
board or commission. Ifa document is to be used as a policy of the city, it shall be adopted by
resolution of the City Council. When a plan, guideline, or document is to be used in a regulatory
.fashion, it shall be adopted by ordinance of the City Council. The adopting resolution or
ordinance shall state how the plans, guidelines, or documents shall be used in relation to the
AACP, land use development, and planning.
Be_fore the adoption of a plan or an¥ such part, amendment, extension, or addition by an
adopting body, at least one (1) public hearing, notice of the time and place of which shall be
given by one (1)publication in a newspaper of general circulation in the city.
Section 2:
The changes in Section 2 provide clarification on the powers and duties of the City Council when
adopting plans and guiding documents. Therefore, Section 26.208.010 I. is repealed in its entirety
and replaced by striking and adding, denoted by ....... and add, language to the Land Use Code
as follows:
2
[. 7'0 adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
guidance or regulatorF capacity by the city. How the material shall be used in relation to the
,,IACP, land use development, and planning shall be described in the content o_f the resolution or
ordinance. Specifically, there shall be a determination of whether the document will be used as a
~uidin£ or ree'ulatorv document, l'ghen used as a guiding document of the city it shall be adopted
by resolution and when used as a regulatory document it shall be adopted by ordinance.
plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted
until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and
Other Plans, Guidelines, or Documents.
Section 3:
The changes in Section 3 provide clarification on the powers and duties of the Planning and
Zoning Commission when adopting plans and guiding documents. Therefore, Section 26.212.010,
Powers and Duties, is amended to include sub-section 26.212.010 R. by striking and adding,
denoted by gt~!zc and add, language to the Land Use Code as follows:
R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding
or regulatory capacity by the city. How the material shall be used in relation to the AACP, land
use development, and planning shall be described in the content of the resolution. Specifically,
there shall be a determination of whether the document will be used as a guiding or regulatory
document. Ifa document is to be used as a guiding document the Commission shall adopt it by
resolution. When a plan, guideline, or document is to serve as a regulator~ document as determined
by the Commission, the resolution shall include a recommendation to the City Council_for adoption
of the document b¥ ordinance. Any plans, guidelines or documents that are adopted by resolution
shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents.
Section 4:
The changes in Section 4 provide clarification on the powers and duties of the Historic
Preservation Commission when adopting plans and guiding documents. Therefore, Section
26.220.010, Powers and Duties, is amended to include sub-section 26.220.010 L. by striking and
adding, denoted by zt~!cc and add, language to the Land Use Code as follows:
L. To adopt by resolution an¥ plans, guidelines, or documents that will be used in a
~uidin£ or ree-ulatorv capacity by the city. How the material shall be used in relation to the
AACP, land use development, planning, and historic preservation shall be described in the
content of the resolution. Specificall¥, there shall be a determination of whether the document
shall be used as a guiding or regulato~ document. If a document is to be used as a guiding
document the Commission shall adopt it b¥ resolution. When a plan, guideline, or document is to
serve as a regulatory document as determined by the Commission, the resolution will include a
recommendation to the City Council for adoption of the document by ordinance. An¥ plans,
guidelines or documents that are adopted b¥ resolution shall not be adopted until notice is provided
as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines,
or Documents.
Section 5:
The changes in Section 5 provide clarification on Chapter 26.470 - Growth Management Quota
System (GMQS) and how associated free-market residential development in an incentive lodge
development application shall meet the underlying zone district dimensional requirements.
Therefore, Section 26.470.040 C.3.d), Incentive Lodge Development, is repealed in its entirety
and replaced by striking and adding, denoted by strike and add, language to the Land Use Code
as follows:
d) ........... Free-market residential development associated with an Incentive Lodge
Development ..... ;++~a ......... · to ~h ..... a:~+.4~+ ; .... ~.;~. ,~.~ ,~a~ ;~
developed shall be allocated on a unit basis and attributed to the annual development
allotment. Each unit shall require the provision of affordable housing mitigation by
one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of affordable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee for each residential unit
normally associated with exempt single-family and duplex development,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Notes:
The City encourages the affordable housing units required for the free-market
residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or
reduction in the number of employees required for a lodge component of a
Incentive Lodge project may be approved as a credit towards the mitigation
requirement for the free-market component of the project, pursuant to Section
26.470.050.A. 1 - Employee Generation.
When an assemblage of parcels or lots, that are either contiguous or non-
contiguous, is considered one development application, the parcels or lots
shall meet the following standards: If an assemblage of parcels or lots is
located entirely within the Lodge zone district, all parcels or lots shall be
eligible _for FAR and height incentives as outlined in the Lodge zone district
4
standards. When one development application includes parcels or lots outside of
the Lodge zone district, said parcels or lots shall meet the underlying standards
of the zone district within which they are located.
Section 6:
The changes in Section 6 clarify how to measure minimum setbacks from a private road.
Therefore, Section 26.575.040 B, Required Yards Adjacent to Private Roads, is repealed in its
entirety and replaced by striking and adding, denoted by gt.qke and add, language to the Land Use
Code as follows:
Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public
dedication and the lot line extends into the right-of-way, the required yard setback
shall equal the minimum distance specified under the zone district regulations along
the closest boundary of the right-of-way to the proposed structure. When a propertF's
lot line does not extend into the right-of-way, the required yard setback shall equal
the minimum distance specified under zone district regulations from the property
line.
Section 7:
The changes in Section 7 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D.I., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by :tr2:: and add, language to the Land Use Code as follows:
1. Minimum lot size (square feet): Six thousand (6,0002. ~:~ u:o*~ T ~,a~, r~ .... .~.
~,w,.~ nt¥~ For lots created by section 26.480.030 A.(4) Historic Landmark Lot Split: Three
thousand (3, 000).
And,
3. Minimum lot width (feet): Sixty (602. ~^~ u;,,^,~ ~ ~.~1 ...... .~;~. aa ~
...................... v.,~v ........... or lots
created by section 26. 480. 030 A. (4) Historic Landmark Lot Split: Thirty (30).
Section 8:
The changes in Section 8 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.050 D.I., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are mended by striking and adding,
denoted by sedk~ and add, language to the Land Use Code as follows:
Minimum lot size (square feet): Fifteen thousand (15,000). For HiztzHc ........ rk
lr~.,,v~.,.~.'-':~' ~'~--~ +~----',-~,,~ ~,vw~. For lots created by section 26. 480. 030 A. (4) Historic
Landmark Lot Split: Three thousand (3, 000).
And,
3. Minimum lot width (feet): Seventy-five (752 .................... t~ .... .~:~.
~ .~v ....... 20. For lots
created by section 26.480. 030 A. (4) Historic Landmark Lot Split.· Thirty (30).
Section 9:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.I., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended by striking and adding,
denoted by stri!:z and add, language to the Land Use Code as follows:
Minimum lot size (square feet): Fifteen thousand (15,000). Fcr H~ztc~c Landmark
o~ .~-.~." .... *~"~-.~ *~',..,,~.~.~ ~ ..... ~. For lots created by section 26.480.030 A.(4) Historic
Landmark Lot Split; Three thousand (3,000).
And,
3. Minimum lot width (feet): Seventy-five (75).
For lots created by section 26. 480. 030 .4. (4) Historic Landmark Lot Split: Thirty (30).
Section 10:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.i.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended by striking
and adding, denoted by st,!cc and add, language to the Land Use Code as follows:
Minimum lot size (square feet): Six thousand (6,0002.
.... O. For lots created by section 26.480.030 A.(4) Historic Landmark Lot Split.· Three
thousand (3, 000).
2. Minimum lot width (feet): Sixty (601. r:~, u:~.~.-;~ · ~.:1~,, ...... ...;~..
..................... ~"~v ....... 30. For lots
created by section 26. 480. 030 .4. (4) Historic Landmark Lot Split: Thirty (30).
6
Section 11:
The changes in Section 11 clarify how an assemblage of parcels for an incentive lodge
development application may take advantage of height and Floor Area Ratio (FAR) incentives.
Also, the minimum lot area per dwelling unit has been amended to clearly have a minimum
standard when a project is completely residential but provides no minium when there is a
residential component in a mixed project. Finally, the FAR allowance for non-unit space is
removed and included in the FAR for lodge units. Therefore, Section 26.710.190 D., Lodge (L), is
repealed in its entirety and replaced by striking and adding, denoted by o°t~!~e and add, language to
the Land Use Code as follows:
26.710.190 Lodge (L).
D. Dimensional requirements. To encourage the construction, renovation, and operation of
lodges, tourist --oriented multi-family buildings, high occupancy timeshare facilities, and ancilla~
uses compatible with lodging, an assemblage o_f parcels or lots, which do not need to be contiguous,
may constitute and be considered one development application. If an assemblage of parcels or lots
is located entirely within the Lodge zone district, all parcels and lots shah be eligible for FAR and
height incentives as outlined in the Lodge zone district standards. When an assemblage of parcels
and lots includes property outside of the Lodge zone district, said parcels and lots located outside of
the lodge zone district shah meet the underlying requirements of the zone district within which they
are located. The following dimensional requirements shall apply to all permitted and conditional
uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential - 3,000 square feet, when the development is one-
hundred (100) percent free-market residential. There is no minimum
requirement for multi-family residential development in a mixed use or
lodging development.
b. Lodge, Timeshare Lodge, and Exempt Timesharing - no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): F/ye (52. Plus, a trash/utility service area shall be
required abutting the alley, pursuant to Section 26.575.060.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less
than one lodge unit per 500 square feet of Lot Area or an average lodge unit size
greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one
or more lodge units per 500 square feet of Lot Area and an average lodge unit size
of 500 square feet or less: 38 feet for sloped roofs. 42 feet for flat roofs. Also
see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feet): 10.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service
Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review,
pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant
to Section 26.430.
4. 3~. Commercial Parking Facility: l: 1.
5.4_. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6,. 5~. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500
square feet may be free-market residential space or space devoted to
lodge/timeshare units which are not to be limited by the average unit-size
limitation. This percentage may be otherwise established for a project
through a Planned Unit Development review. Also see Section
26.710.190.F.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
8
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit
space): 1:1.
4:.3. Commercial Parking Facility: 1:1.
5.4. Affordable Multi-Family Housing: .25:1, which may be increased by
Special Review, pursuant to Section 26.430.
6.5_. Free-Market Multi-Family Housing: .25:1, which may be increased to
.5:1 by Special Review, pursuant to Section 26.430.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the
parcel shall not be exceeded.
C. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Section 12:
The changes in Section 12 eliminate the FAR allowance for non-unit space and includes it in the
FAR ratio for lodging units. Therefore, Section 26.710.200 D.10., Floor Area Ratio (FAR) is
repealed in its entirety and replaced by striking and adding, denoted by ....... and add, language to
the Land Use Code as follows:
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to
a total maximum FAR of3:l.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
9
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
d) Free-MarketMulti-FamilyHousing: .5:1.
Note: A development application's non-unit space shall not count towards the
FAR cap on an individual use category, but the maximum FAR cap for the parcel
shall not be exceeded.
Section 13:
This Resolution shall not effect/affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 22nd day of
November, 2005.
APPROVED AS TO FORM:
City Attorney ~/
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair
ATTEST:
ckie LotiOn, Deputy City Clerk
10