HomeMy WebLinkAboutcoa.lu.ca.123 E Hyman Ave.A079-97
MEMORANDUM
TO:
Mayor and Council
THRU:
Amy Margerum, City Manager
/' /
, ,?----t .'
Stan Clauson, Community Development Director 0'1
o
THRU:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
RMF zone district, text amendment, Second Reading of Ordinance #2,
Series of 1998
DATE:
March 9,1998
SUMMARY: The applicant proposes an amendment to Section 26.28.090 of the
Municipal Code. This section pertains to the "RMF, Residential Multi-Family" zone
district.
Currently the zone district allows a duplex to be built on a minimum lot size of 6,000
square feet. For historic landmarks the duplex may be broken down into two freestanding
units. This application would allow all parcels of at least 6,000 square feet in the RMF
zone district to do the same. It is estimated that approximately 8 properties in the zone
district that are currently underbuilt may make use of this code amendment.' The
applicant has proposed a reduction of required minimum and combined sideyard setbacks
and distance between buildings to allow more flexibility in the design of the structures.
Staff has provided an analysis of the appropriateness of the amendment, and particularly
the change to dimensional requirements below. Approval of the propo~ed code
amendment, with the elimination of the combined sideyard setback requirement, and
reduction of the minimum distance required between buildings by Special Review at the
Planning and Zoning Commission is recommended. Like duplexes, the two detached
buildings will be a permitted use in the zone district.
APPLICANT:
Ron Kanan, represented by Alice Davis.
PREVIOUS REVIEWS: The Planning and Zoning Commission reviewed the
application on December 16, 1997, and recommended approval by a vote of 6-1.
City Council passed the Ordinance on first reading on January 26, 1998 by a vote of 5-0.
A second reading was held, and tabled after discussion on February 23, 1998.
RESPONSE TO POINTS RAISED BY CITY COUNCIL:
Exhibit A 1
2735-124-71-003 K��lc)o A079-97
123 E Hyman Ave R-MF Zone DIstrict Code
Amendment
I
-?.73-5/aV-71-0q3
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right -of -Way
-63875-046
Zoning & Sign Permit
-MR011
Use Tax _
10000-67100-383
Park Dedication
15000-63050480
AH Commercial _
15000-63065482
AH Residential
County Land Use Application Fees:
00113.63800-033
Deposit
-63805-034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
00115-63340-163
City Engineer
62023-63340-190
Housing
00125-63340-205
Environmental Health
00113-63815-036
County Clerk
00113-63812-212
Wildlife Officer
Sales:
00113-63830-039
County Code _
-69000-145
Copy Fees
Other
Total -11/I-Y, !tom
Case No: It / 7 —7 /
No. of Copies
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
5 �
THRU: Stan Clauson, Community Development Director/
FROM: Amy Guthrie, Historic Preservation Officer
RE: RMF zone district, text amendment, Second Reading of Ordinance #2,
Series of 1998
DATE: March 9, 1998
SUMMARY: The applicant proposes an amendment to Section 26.28.090 of the
Municipal Code. This section pertains to the "RMF, Residential Multi -Family" zone
district.
Currently the zone district allows a duplex to be built on a minimum lot size of 6,000
square feet. For historic landmarks the duplex may be broken down into two freestanding
units. This application would allow all parcels of at least 6,000 square feet in the RMF
zone district to do the same. It is estimated that approximately 8 properties in the zone
district that are currently underbuilt may make use of this code amendment.' The
applicant has proposed a reduction of required minimum and combined sideyard setbacks
and distance between buildings to allow more flexibility in the design of the structures.
Staff has provided an analysis of the appropriateness of the amendment, and particularly
the change to dimensional requirements below. Approval of the propo§ed code
amendment, with the elimination of the combined sideyard setback requirement, and
reduction of the minimum .distance required between buildings by Special Review at the
Planning and Zoning Commission is recommen e . Like duplexes, the two detached
buildings will be a permitted use in the zone district.
APPLICANT: Ron Kanan, represented by Alice Davis.
PREVIOUS REVIEWS: The Planning and Zoning Commission reviewed the
application on December 16, 1997, and recommended approval by a vote of 6-1.
City Council passed the Ordinance on first reading on January 26, 1998 by a vote of 5-0.
A second reading was held, and tabled after discussion on February 23, 1998.
0 RESPONSE TO POINTS RAISED BY CITY COUNCIL:
Exhibit A 1
•
•
To remind Council of the action taken on February 23. 1998, following is the motion
which was passed:
Councilwoman Richards moved to continue second reading of Ordinance #2, 1998, to
March 9 with the direction to staff to bring back more clearly stated options related to
eliminating the averaged 1 S foot sideyard setbacks, looking to establish 5 yard setbacks
on the two sides with design review options to minimize the internal setbacks between the
2 buildings to encourage single family homes on duplex lots; seconded by Councilman
Vickery.
John Worcester, city attorney, noted that any change in the I S foot total sideyard
setbacks should apply only to detached dwellings on duplex lots as this change was not
presented at the public meeting. Mayor Bennett asked staff to give their opinion about
spreading this to more zone districts at the next Council meeting.
Following is the staff response to the comments and direction given to staff by Council at
the February 23rd meeting.
1. The applicant has requested a reduction in the minimum and combined sideyard
setback requirements from 5 feet on each sideyard and 15 feet combined to a total of 3
feet on each sideyard. Also, a reduction in the distance between buildings from 10 feet to
6 feet has been requested. These dimensional adjustments were proposed by the
• applicant to be allowed by right. The applicant feels strongly that the distance between
buildings in particular must be reduced to give some flexibility to the footprint of the two
structures. Slides were shown at the February 23rd meeting to support this idea, and
drawings are attached to this memo as Exhibit D. The impact of a reduced distance
between buildings would be internal to the two units, and would not affect adjacent
properties. It has been determined that the Building Department and Fire Department are
comfortable with allowing 6 feet between these structures. Existing regulations to
prevent snow from shedding onto adjacent properties will apply.
Because Aspen's houses were historically on 3,000 square foot lots, there is precedence
for a smaller sideyard setback and distance between buildings. It was discussed at the
previous meeting that Telluride only requires a 3 foot sideyard setback and further
research has shown that is the case, no matter what size the lot.
In making a decision on the issue of the setbacks, Council may consider the following
options:
a. Allow the minimum and combined sideyard setbacks and distance between
buildings to be reduced by right as requested.
b. Allow the minimum and combined sideyard setbacks and distance between
buildings to be reduced with design review approval.
• C. Allow the combined sideyard setbacks to be reduced by right, but not the sideyard
setback requirements. Allow the distance between buildings to be reduced by right or by
special review.
2
d. Do not allow the sideyard or combined setback requirements to be reduced, but
• allow the distance between buildings to be reduced by right.
e. Do not allow any of the dimensional requirements to be reduced.
Staff recommends Option C. The direction given by Council was that the minimum
sideyard setback of 5 feet is important and should be provided. The combined sideyard
setbacks, which require a greater total sideyard the larger the lot gets are proposed to be
eliminated for two detached dwellings on a single lot. Combined sideyard setback
requirements only exist in two zone districts; R-6 and RMF, and o y app y to single
family and duplex structures. As part of Ordinance #30, staff has already intended to
bring forward a code amendment to eliminate combined setback requirements in these
zone districts as well, finding them to be overkill. The feeling is that a minimum
sideyard requirement and requirements for maximum site coverage/minimum open space
provide enough constraints on the character and placement of a building envelope and
that the combined setback offers no further benefit. Because this ordinance only
addresses two detached dwelling units on one lot in RMF, the combined sideyard
setbacks will only be eliminated in these cases at this time.
In terms of the distance between buildings, staff is comfortable with the reduction of the
required distance for two detached dwelling units on one lot from 10 feet to 6 feet,
however, Council has indicated a desire for this to be addressed through some form of
• design review. Staff recommends the "Special Review" process by the Planning and
Zoning Commission. This is an existing process whereby P&Z can very numerous
dimensional requirements in all zone districts. The review will require P&Z to look at
the character of the surrounding neighborhood and make a determination of the
appropriateness of the variance on a case by case basis. Public noticing will be required.
While the Design Review Appeals Committee was discussed as a possible body to hear
the variance, they are currently only charged with review of appeals from the "Residential
Design Standards" and it may be more appropriate not to expand their duties.
In analyzing the other options presented, Option A may give the property undue special
advantage at the expense of a neighbor. Option B, a full design review may be too much
of a disincentive to make the code amendment worthwhile, as may Option D, and Option
E, which do not give sufficient flexibility to the design of the buildings.
2. It was asked whether or not this code amendment should apply to other zone
districts. In the R-6, R-15, and R-15A zone districts, two detached units are allowed for
historic landmarks on smaller lots than normally required. For instance in the R-6 zone
district, two detached units on a landmark parcel can be built on a 6,000 square foot lot,
whereas a non -landmark lot requires 9,000 square feet for two detached units or a duplex.
Staff does not recommend a code amendment to reduce the lot size for a duplex or two
detached units for non -landmark parcels in these zone districts.
• As discussed above, the elimination of combined setback requirements will be brought
forward for the zone districts where they exist. Whether or not the minimum distance
3
between buildings should be eligible for variances in other zone districts will require
• further study.
REVIEW STANDARDS AND STAFF COMMENTS: Following is Section
26.28.090, the "Residential Multi -Family" zone district. Language which is proposed to
be eliminated is shown as struck out. Proposed new language is underlined:
"26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
• housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations,
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6.000
square feet, of which one unit shall be restricted as affordable housing to the middle
income price and occupancy guidelines The affordable housing unit shall comprise a
minimum of one-third (1/3) of the total floor area of the duplex In the alternative both
may be free market units if an accessory dwelling unit shall be provided for each unit
C. 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 Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
• 6. Museum;
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7. For properties which contain a historic landmark: bed and breakfast; and
boardinghouse.; afld true detached residential dwellings on u le
with a fnifliEnum afea f
6,000 square feet.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings en a let w h;,eh eantcainS--a
: 3,000
For multi -family dwellings on a lot between 6,000 and 9,000 square feet,
the following minimum lot area tier dwelling unit (square feet).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 1,000
square feet of lot area.
For multi -family dwellings on a lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit ,square fta square feet requirements
apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following minimum lot area ter dwelling unit ,square feet- square fee requirements
apply:
Studio: 300
1 bedroom: 400
5
2 bedroom: 800
• 3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only*:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4,500 5
10 feet.
4,500--6,000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
* Two detached dwellings on one lot shall not be subject to combined sideyard setback
requirements.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5 l �V__
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet):,,10. For two
detached buildings on one lot, the minimum distance between building may be reduced
to 6 feet SbTeet-ta-eet�:rtrtr-T,ursR ici �ccirnnzt ' �-
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
6
• DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
• maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
0
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
between which is 6,000 square feet or greater F hilt .fieal land,,,,,..- shall not
exceed the floor area allowed for one duplex.
Multi -family: 1:1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
Internal floor area ratio: No requirement.
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
The review standards for evaluating the proposed amendment, per Section
26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
8
• Response: The AACP encourages residential design which is in character with
Aspen's traditional neighborhoods. This proposal accomplishes that by offering an
alternative to the traditional duplex form which creates smaller freestanding buildings,
more in keeping with Aspen's older homes.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment does not increase density or allow any new land
uses. It addresses building mass.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment .would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The Aspen Sanitation District requests that the developments which result
from this code amendment be required to enter into a "shared service agreement,"' since
the two units will share a common service line although the units may be separately
owned. Other services are not expected to have a change in demands as a part of this
amendment.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment will not create impacts in addition to those created by the
uses which are currently allowed.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Staff finds the amendment to be consistent with the community character
in that it offers an opportunity to create smaller homes which appear to be on a 3,000
square foot lot, which is the historic lot size in Aspen. It also offers an opportunity for
more variety and creativity in new development.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
9
Response: The RMF zone district, which is mostly located in the East End
neighborhood, has seen rapid changes from new development in the past 5 years, much of
it out of scale with the traditional buildings in that area. This amendment addresses that
issue and provides an opportunity for a better solution.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment is consistent with the public interest.
STAFF RECOMMENDATION: Staff recommends that City Council adopt
Ordinance #2, Series of 1998.
RECOMMENDED MOTION: "I move to move to adopt Ordinance 92, Series. of
1998."
Exhibits:
Ordinance #2, Series of 1998.
A. Staff memo dated March 9, 1998
B. Application.
C. Minutes of the Planning and Zoning Commission, December 16, 1997.
D. Illustrations of potential building footprints.
•
mi
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bavis Horn c,-
PLANNING & REAL ESTATE CONSULTING
•
October 28, 1997
Mitch Haas
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Proposed Text Amendment for the R/MF Zone District
Dear Mitch:
As we have discussed on several occasions, Davis Horn Incorporated
is working on behalf of Ron Kanan to have a text amendment to the
City of Aspen Land Use Regulations processed. The text amendment
is to allow two detached residences on one lot in the R/MF zone
district. Such use is currently allowed on historically designated
lots within all residential zones in the City. This amendment will
therefore, closely follow the use allowed for historic properties,
but expands it to lots with 6,000 square feet or more which are in
the R/MF zone district.
Originally I indicated that Davis Horn Inc. would be submitting
this proposed text amendment along with a submission requesting
approval for two residences on one lot at 123 East Hyman Avenue
owned by the applicant, Ron Kanan. However, due to the detail,
time and money required for a specific development application,
Kanan has decided to postpone submission of his application until
we have feedback on the proposed text amendment. If the Planning
Office, Planning Commission and City Council appear to be
supportive of the text amendment, then we will submit a request for
such a project on Kanan's property.
Therefore, the following is an application for a proposed amendment
to the text of the Land Use Regulations for the City of Aspen
pursuant to Section 26.92, Amendments to the Land Use Regulations
and Official Zone District Map. The amendment proposed seeks to
amend the following two items under Section 26.28.090 R/MF
Residential Multi -Family Zone District:
1) The conditional uses allowed in the R/MF zone district to
include two detached dwellings on a lot with a minimum area of
6,000 square feet;
2) Dimensional requirements in the R/MF zone district: minimum
lot area per dwelling unit, minimum side yard, minimum
distance between buildings on the lot and allowable floor
area.
ALICE DAVIS. AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
Exhibit B
Pre -Application Conference
A pre -application conference was held August 14, 1997 with Mitch
Haas and Bob Nevins of the Planning Office. Prior to the pre -
application conference, a meeting on the proposal was held with Bob
Nevins and Stan Clausen. As only the text amendment is now being
submitted for review, only the pertinent items on the pre -
application conference summary sheet have been considered. You
verified that this was acceptable. Please refer to the application
form in Attachment 4, the pre -application conference summary sheet
in Attachment #5 and the fee agreement in Attachment #6.
Minimum submission Contents
The applicant for this text amendment is Ron Kanan of 194 Haystack
Lane, Snowmass Colorado 81654. Kanan's phone number is 379-0866.
Please see Attachment #3 for a letter authorizing Davis Horn
Incorporated to represent Mr. Kanan in the land use review process.
Although Mr. Kanan owns property at 123 East Hyman Avenue in the
R/MF zone district, no specific development is proposed at this
time. The text amendment will cover lots greater than 6,000 square
feet in the Residential Multi -Family zone district (R/MF).
Therefore, the submission requirements with regard to specific
ownership are not applicable.
specific submission Contents
• Section 26.92.040 of the Land Use Regulations entitled
"Application" requires the specific wording of a proposed text
amendment to be submitted with a development application for an
amendment to the text of the Land Use Regulations. Such specific
wording is given in Attachments #1 and #2. For the sake of
clarity, Attachment #1 shows the existing Code language with the
changes specified which are necessary to accommodate the proposed
expanded conditional use in the R/MF zone district. Strikeouts
indicate where language has been omitted and bolding indicates
where new language has been added. Attachment #2 shows the
Regulation as it would exist if the proposed amendments were
adopted. Sections with changes have been bolded.
No amendments to the Official Zone District Map are proposed.
Public Hearing Notice Requirements
A text amendment application requires a public hearing at both the
Planning Commission and the City Council. Both hearings must be
noticed through a publication in a paper of general circulation in
the City of Aspen and must be done at least 15 days prior to the
hearing. It is our understanding that the legal notice will be
written and published within the appropriate deadline by the
Planning Office.
is
2
Applicable Review Standards
Section 26.92.020 gives the nine standards of review (A through I)
for evaluating text amendments. Each standard is listed below,
then addressed as it relates to the proposed amendment regarding
two detached residential dwellings on one lot in the R/MF zone
District. In reviewing the proposed amendment, the City Council and
the Commission must consider the following standards:
A. Is the proposed amendment in conflict with any applicable
portions of this title? No. As two homes on one lot is
already allowed in the zone, the proposed amendment only
expands the allowed conditional use to all lots 6,000 square
feet and greater in the R/MF zone district.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan? This proposal seeks to
create more variety in the size, density and diversity of
development in Aspen which is part of the Community Vision in
the Aspen Area Community Plan (AACP - See page 5 of AACP.)
Historically, single family residential lots were 30 x 100 or
3,000 square feet. Allowing two small homes on one 6,000
square foot lot is reflective of the small miner's cottages
historically found in Aspen. It allows compatibility with
this historic use while not increasing the density or scale of
the immediate neighborhood or zone district.(See page 7 of
AACP.)
It is stated in the purpose of the R/MF zone, that lands in
the zone are typically the original townsite lots, within
walking distance of the City, on transit routes and are lands
with concentrations of attached and detached residential
dwellings. Development and more often redevelopment of these
lands with two smaller homes furthers the purpose and
historical scale of the zone.
The diversity of opinions about Aspen is one of its greatest
traditions. (See page 9 of AACP.) Allowing another development
option (two homes on one lot) with no additional impacts
allows this diversity of opinions to flourish. It allows a
greater variety in what can be built and contributes to the
character and vitality of Aspen.
Growth, transportation, affordable housing, commercial/retail
and open space/recreation elements of the AACP are not
impacted by the proposed amendment. The Design Quality and
Historic Preservation of the AACP certainly support the
amendment. Two small homes on one lot should enhance the
special character of Aspen, the historic district in Aspen and
should help to ensure the maintenance of character. (See pages
54 and 55 of the AACP.)
0
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use
and neighborhood characteristics? Nearby existing uses are
residential and the proposed amendment should enhance overall
neighborhood appeal by reducing the scale and magnitude that
typically comes with new development or redevelopment in the
R/MF zone district. The proposed amendment will allow two
homes on one lot, but it will not increase density. It may
decrease density by allowing an alternative to multi -family
development in the R/MF zone. As homes on 3,000 square foot
lots were historically most common, the amendment will be
quite compatible with surrounding zone districts and land
uses.
D. The effect of the proposed amendment on traffic generation and
road safety. There should be no impact on traffic generation
and road safety as a result of the proposed amendment.
Alternative uses already allowed include a duplex which would
have similar impacts and a multi -family use which would
generate a larger structure, more residents and more traffic.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the
extent to which the proposed amendment would exceed the
capacity of such public facilities including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools and emergency medical facilities.
None of the above facilities will be impacted. In fact, the
choice to develop two homes on one site instead of pursuing
is multi -family development in the R/MF zone district may reduce
the demand for these services.
F. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural
environment. There should be no significant impacts on the
natural environment. The amendment only provides another
option in how a parcel can be developed. By reducing the
scale, mass and size of developments, less impact may occur.
Two separate homes may be designed so that no more energy
resources are used than would be necessary for a larger duplex
which is now allowed in this zone district. This option is a
more energy efficient development that a multi -family use
would be.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen. As
mentioned previously, allowing two homes on one lot will in no
way be inconsistent or incompatible with community character.
It should, in fact, enhance character by the smaller, more
historical scale and character of the resulting development.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment. We believe that the development of
large duplex and townhome projects within the residential zone
districts in Aspen have begun to erode away at the historic
design, appeal, scale and overall character of Aspen. This
text amendment should create a greater variety of potential
designs and more interesting designs where the mass and scale
are more broken up and varied than would occur in one larger
duplex or multi -family structure. It is more indicative of
the small miner's cottages originally found in Aspen prior to
the more recent era where builders try to maximize square
footages.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent
of this title. The amendment will not be in conflict with the
public interest, but should be quite valuable and beneficial
to the public interest, all in harmony with the purpose and
intent of the Land Use Regulations.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur. This limited
application of the proposed use in the R/MF zone district,
along with similar projects developing on historically
designated lots where the use is already allowed, will provide
a good testing ground for the City to determine if this use is
valuable and beneficial to the City of Aspen. There do not
appear to be any negative remifications to trying the use as
a conditional use allowed in the R/MF zone district. At this
time there has been very limited application of this use
through developments on historically landmarks.
Dimensional Requirements
In addition to the new, proposed conditional use in the R/MF
zone district, applicable dimensional requirements must be
amended as well. The proposed minimum lot area per dwelling
unit is 6,000 square feet and the proposed minimum size for
each side yard is 5 feet, the same as currently exists for two
detached residential dwellings allowed for historic landmarks.
The total of both side yards is proposed to be 10 feet, the
same as for multi -family dwellings. No side yard total
requirement is specified for historic landmarks.
As proposed, the floor area allowed for two residential
dwellings on one lot is the same as that allowed for a duplex,
3600 square feet total or 1,800 square feet each for a 6,000
square foot lot. This is less than the floor area that would
be allowed for two residences if the sliding scale is applied
to two 3,000 square foot lots, 4,800 square feet total or
2,400 square feet each for a 6,000 square foot lot.
• The minimum distance between buildings requirement is now 10
feet. We have left that requirement the same for all uses
except for two detached residential dwellings. We are
proposing a minimum distance of 6 feet between buildings for
two detached residential dwellings on one lot. We have had
discussions with Stephen Kanipe, Chief Building Official and
Ed Van Walraven, the Fire Marshall. Both have stated that the
purpose and the intent of the distance (safety and access
issues) are still met with a 6 foot requirement. As a
conditional use, the City still has the right to review
specific development applications to make sure everyone is
comfortable with the resulting design. We have asked for 6
instead of 10 feet as we believe it allows for a better design
for two detached structures. Given a 6,000 square foot lot is
60 feet wide and subtracting two 5 foot side yard setbacks,
there is 50 feet left. Since all safety and access issues are
met with a 6 foot requirement, each structure can be 22 feet
wide instead of only 20 feet wide. Please refer the
Attachment #7, a sample footprint for a 6,000 square foot lot
with two detached residential dwellings.
Summary
Allowing two single family homes on a 6,000 square foot lot in
the R/MF zone will encourage the development of two smaller
. homes as opposed to one large, more massive home. One home on
a 6,000 square foot lot in the R/MF zone can be 3,240 square
feet, a duplex can be 3,600 square feet and a multi -family
structure can be 6,000 square feet or 6,600 square feet if
deed restricted housing is provided. With two homes on one
6,000 square foot lot, the two can each be 1,800 square feet,
3,600 square feet total, the same floor area allowed for a
duplex. If there were two 3,000 square foot, separately
developable lots, 2,400 square feet of floor area could be
built in each home (4,800 square feet total) but this text
amendment limits the total size of the two homes on one lot to
3,600 square feet.
Having analyzed the redevelopment of his 6,000 square foot
property at 123 East Hyman Avenue in the R/MF zone district,
Ron Kanan believes the best option for the most attractive,
desirable design is two small single family homes, detached
from each other but on the same lot, as opposed to a duplex or
two homes attached by a garage.
We believe that two homes on one site will most often create
a more interesting design where the mass and scale is more
broken up and varied than in one larger structure. The
existing Land Use Regulations require the two units in a
• 6
0 .0
duplex to share a common wall that is no less than 20% of that
total wall. Many disjointed designs have been created to meet
this criteria while two separate single family homes should
create a more natural and pleasing design of a smaller scale.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur.
The following attachments are included with this application:
Attachment #1: Proposed Text Amendment - Existing language
reflecting proposed changes (deletions and
additions);
Attachment #2: Proposed Amendment - New regulation as it would
exist if amendment is approved (to provide clarity
and eliminate confusion);
Attachment #3: Letter from Ron Kanan authorizing Davis Horn Inc.
to submit this application and to represent him in
the land use review process;
Attachment #4: Land use application form;
Attachment #5 Pre -application conference summary sheet;
• Attachment #6: Signed agreement for payment of City of Aspen
development application fees; and
Attachment #7: Sample footprint for two detached dwellings on one
6,000 square foot lot.
Thank you for your assistance with this application. Please call
if you have any questions or if we have neglected to address any of
your concerns.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS AICP
• i
Attachment #1
• PROPOSED CITY OF ASPEN LAND USE TEXT AMENDMENTS FOR
SECTION 26.28.090
(Strikeouts indicate portions to be omitted and bold indicates
portions to be added by the proposed amendment.)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark, bed
and breakfast -,and boardinghouses —and twe detached
yesidentraz-dweiTings-en a l-et with aef 6,966
sgivare feet..
0
LJ
•
r1
LJ
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet.
—89. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lot -,.ice=
eentains a-- lsteL-ie , a,..aLA : 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p e r 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
ft of lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to detaehed residential single family
residences and duplex dwellings only (does not apply to
two detached residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
6,000+
Minimum Size for
Each Side Yard (Feet)
5
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
principal building: 10
accessory building: 5
0 7. Maximum height (feet): 25
•
•
0
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
• 6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
flocr area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot between 6,000 square feet or greater eentaininei an
his erleal landnar! shall not exceed the floor area allowed for one
duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
•
•
Attachment #2
CITY OF ASPEN LAND USE REGULATIONS: SECTION 26.28.090
ASSUMING AMENDMENT IS ADOPTED
(Areas where changes were made are in bold)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
• total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and
breakfast and boardinghouse;
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet;
9. Accessory dwellings units meeting the provisions of
Section 26.40.090.
•
D. Dimensional requirements.
1. Minimum lot size: 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lot: 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p r e 1, 0 0 0
square feet of
lot area..
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
feet of lot
area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
•
•
•
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 11200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to single family residences and duplex
dwellings only (does not apply to two detached
residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
•
6,000+
Minimum Size for
Each Side Yard (Feet)
5
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
0 9. Percent of open space required for building site: 35
•
•
•
•
•
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
0 •
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
• additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot 6,000 square feet or greater shall not exceed the floor
area allowed for one duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
• review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
0
e ATrACHNEUr 0
RON KANAN
194 Haystack Lane
Snowmass, Colorado 81654
379-0866
Mitch Haas
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Aspen Land Use Regulations - Proposed Amendment
Authorization to represent
Dear Mitch:
Davis Horn Inc. with Alice Davis as the project manager, has been
authorized to represent me in the land use review for the
processing of a proposed amendment to the Aspen Land Use
Regulations. We hope to have an amendment to the R/MF zone
district approved so that two detached residential dwellings will
be allowed on one lot with a minimum size of 6,000 square feet.
Davis Horn Inc. is located at 215 South Monarch Street Suite 104,
Aspen, Colorado 81611. Their phone number is 925-6587.
Please call Alice Davis if you have any questions or concerns. I
am available for questions as well.
Thank you for you help.
Sincerely,
RON KANAN
194 Haystack Lane
Snowmass, CO. 81654
379-0866
0
0
LAND USE APuIZCATION FUG"
1) Pr-oJect Name rQ rw zOne Di sfr�l�-f- C �4m�endrrr�i�-t
2) Project Lecaticn
(indicate =zeet '- lot & block rater, legal des=-pticn where
app=priate)
3) Present Zoning R M F
4) Ict Size (oxs-� 4-g2°ai�Ir
5) Applicant ' s Name, Address & Prune k x'1 Kanan
Snot ofrar ssss ., ('O . $ (L S Y
a yo /
6) Rep tive's Name, Address& Pipe a r► l r�C % au jj Lyl S fIom ?Jt C.
l S S. I; `noA rah . 24' 1CLI A-5 pert . (D . 8
7) Tie of Application (please check all that apply) :
Cr Y iticnai Use .zal SPA C=Xmct-jual His'.Zri.c Dw.
Special Review
3040 Gree-nadne
ViM-r Plane
tom^ rm i ^fit nn i tion
L?t Splitrlat Line
Adjustment
Firal SPA
n T-TM
Final FCD
--- Z Text/D Amenc t
Fiial :1.ss'.-cric Dev.
Mi.ncr His�.�r c Dew_
H11—torrc DeM012.1. , m
Kis`�,cr�c Desigaticn
QMQ$ A -lct me.*it
8) �_pt;c n of E:d -`di—q Uses (ru. ' and t'yPe of ens`. i ng st=jc-fzses:
apArm mate sq. ft- ; number of beds: any p=,E-r✓icus apprvv s granted to the ,
No-� aop(c cQ b1�
2 I Uri i
a!lOuV-,$ -for hi s*rjt 10rVffia?f-S
10) Have you at-tadwd the follcwing?
Response to Attxt=ezit 2, Minimum, Subm s—,-'= CmtenI
✓ Response to Attachment 3, Specific S,b„ i Ticn Contents
Remorse to Attazrit 4, Review Standare-- for Your Application
IVLANNER:
PROJECT:
REPRESENTATIVE
OWNER:
CITY OF ASPES
PRE -APPLICATION CONFERENCE SUMMARY
Mitch Haas, 920-5095
DATE: 8/ 14/97
123 East Hyman Code Amendment, Conditional Use Reviews, and Residential
Design Standards Review (Special Review possible as well)
Alice Davis, Davis-Hom Inc. -- 925-6587
215 S. Monarch Ave.; Aspen, CO 81611 -
TYPE OF APPLICATION: Code Amendment, Conditional Use Reviews and Residential Design Review
(Special Review possible as well)
DESCRIPTION: Applicant would like to amend the code allow, as a conditional use in the R-MF
Zone District, two (2) detached single family dwelling units on one lot (a detached
duplex, in effect); next the applicant would request conditional use approval for one
or two ADU s as well as for the ability to construct a detached duplex on the lot in
question (provided the requested code amendment gets approved); the proposal
would be subject to review under the Residential Design Standards; and, if the
applicant seeks to vary the on-site/off-street parking requirements for the free
market units, Special Review approval would be required. The property in question
• is located at 123 E. Hyman Avenue and contains 6000 square feet. There is an
existing residence that would be demolished an replaced.
Land Use Code Section(s)
Chapter 26.92, Amendments to the Land Use Regulations and Official Zone District Map;
Chapter 26.60, Conditional Uses;
Section 26.40.090, Accessory Dwelling Units;
Section 26.28.090, Residential Multi -Family (R/MF);
Section 26.58.040, Residential Design Standards;
Section 26.100.050(A)(2)(c), GMQS Exemptions for Detached Single -Family or Duplex Dwelling Units; and,
if needed, Section 26.64.040(B), Review Standards for Special Review --- Off -Street Parking Requirements.
The following Sections of the Code are also applicable:
Chapter 26.44, Park Development Impact Fee;
Section 26.88.070, Condominiumization, and with Condominiumization (Subdivision) comes Section
26.88.040(C)(6), School Land Dedication Standards;
Section 26.100.070, Minimum Development Standards; and,
Section 26.52.030, Application and Fees.
Review by: City of Aspen Planning and Zoning Commission and the City Council. The rezoning
requires public hearings before both the P&Z Commission and the City Council.
�blic Hearing: Yes, for the code amendments and conditional uses, and the notice requirements outlined
in Chapter 26.52 will have to be followed. No, for special review.
Referral Agencies: Engineer* Housing, Parks, Environmental Heoning, Fire Marshal, Water,
ACSD, Building, Electric, City Attorney's Office, and Streets.
Planning Fees: Planning Deposit Major (52160)
4eferral Agency Fees: Engineering, Major (5270); Housing, Major (S 165); Environmental Health,
Major ($310)
Total Deposit: $2,905.00 (beyond the 12 "base" hours covered by the deposit, additional hours are billed
at a rate of $180/hour). 1 o1XV147 Per A14ch FHews : 4.2140 + I G Zqo45
For -tibc t a&ttA f nWn+ M ly .
To apply, submit the following information: (Also see Section 26.52.030, Application and Fees)
1. Proof of ownership
2. Signed fee agreement
3. Apoiicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which 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.
5. Total deposit for review of the application
6. -Q_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ-S; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2
7. An 8 '/z" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the
state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with the review standards relevant to the development application.
Please include and clearly indicate existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1"=50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their
setback from the street in feet. Identify parking and front entry for each building and locate any
accessory dwelling units along the alley. Indicate whether any portions of the houses
immediately adjacent to the subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show
topography of the subject site with 2' contours.
c) All building elevations at 1/8" = 1'-0.
d) Floor plans, roof plan, and elevations as needed to verity that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation
board.
List of the names and addresses of all adjacent property owners within 300', exclusive of public rights -of -
way, for public hearings.
12. Copies of prior approvals.
13. All other materials require*uant to the submittal requirements pots.
Detailed requirements, in addition to those mentioned above:
Site plan drawings of the development, at a scale of either one (1") inch equals twenty (20') feet or one (1")
• inch equals thirty (30') feet, composed of one or more sheets with an outer dimension of twenty-four by
thirty-six (24" x 36") inches, showing the following information:
1. Title by which the proposed development is to be referred.
2. Scale (graphic and written), north point, and date of preparation.
3. Location of municipal boundaries at or near the development.
4. Parcel size in gross and net acres and square feet.
5. Total number, type, and density per type of dwelling units.
6. Total bedrooms per each dwelling unit type.
7. Residential density (gross and net).
8. Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by building.
9. Proposed coverage of buildings and structures, including the following:
a. Percentage and square footage of building coverage.
b. Percentage and square footage of driveway and parking.
c. Percentage and square footage of public street right-of-way.
d. Percentage and square footage of open space and/or landscaped area.
e. Percentage and square footage of open space meeting the City's definition (with a graphic
representation of "open space to view" calculations).
10. Number and location of off-street parking, including guest, handicapped, bicycle and motorcycle parking
including typical dimensions of each.
11. Lot lines, easements, public right -of ways as per subdivision plat.
12. Exact location of all buildings and structures and building envelopes dimensioned on at least two (2) sides
to the nearest platted property line.
13. Location of temporary model homes, sales office, and/or construction facilities, including temporary signs
and parking areas (as applicable).
14. Topographic contours at two (2') foot intervals.
15. Location, species and size of existing plant materials.
16. Location and floor area of existing and proposed buildings, with proposed setbacks indicated.
17. Location of existing and proposed pedestrian circulation system including its interrelationships with the
vehicular circulation system indicating the proposed treatment of points of conflict.
18. Maximum building height of all structures.
19. Existing zoning and minimum required setbacks (front, sides, rear).
20. Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of
the area and uses within one hundred fifty (150') feet of the proposal, exclusive of public right-of-way, at
the same scale as the proposal and including the following:
a. Land uses and location of principal structures.
b. Densities of residential uses.
c. Existing trees and major features of landscape.
d. Topographic contours at two (2') foot intervals.
e. Traffic circulation system.
21. Vicinity map of the area surrounding the site within a distance of at least one-half (1/2) mile, showing:
a. Zoning districts.
b. Location of existing municipal boundary lines.
c. Traffic circulation systems.
d. Major public facilities (schools, parks, etc.)
22. Owner's certification of 10tance of conditions and restrictionsset forth on the site plan (unsigned
until review process is completed; to be signed prior to recordation).
23. Statement of variances to City design criteria and standards.
24. Certification by an attorney licensed to practice law in the State of Colorado that the "owners and
proprietors" as defined in Section 29-526 31-23-111, C.R.S., have executed and acknowledged the plat in
accordance with Section 29-526 31-23-104, C.R.S.
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920-5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are
based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not, in any way, create a legal or vested
right.
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ASPEN/PnV COMMUNITY DEVELOPMENTIOPART.MMNI T
Agreement for Pavment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and Oh K'(f1Q11
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for a X-� arrlgqiavrt -
-t0 �QIL�{ L�Se �oAU�Q-ffCl'1S (hereinafter. THE PROJECT).
?. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the armlication. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of S 21 which is for 1 Z hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
Signature:
Stan auso Date: lO Z
Community Development Director Printed Name: ko i 4w
City of Aspen Mailing Address: �L.ctua
.Srx�cym4 s5 . CO. 8lGS`�
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Sara Garton, Chair, called the regular Aspen Planning & Zoning meeting to order at 4:30 wi
Bob Blaich, Steve Buettow, Marta Chaikovska, Roger Hunt, Tim Mooney, Jasmine Tygre
and Dave Johnston present. Other Staff present were David Hoefer, Assistant City Attorney
Chris Bendon, Stan Clauson, Amy Guthrie and Julie Ann Woods, Community Development
Department.
Bob Blaich distributed an article from the 12/6/97 Economist.
Stan Clauson stated that regulating department stores by limiting the square feet
was a way of making a code change by resolution from planning & zoning. He
said the 12/30/97 Special Planning & Zoning meeting will encompass the text for
these restrictions and zone districts. Commissioners Garton, Hunt, Buettow,
Mooney and Johnston stated they could attend a short meeting.
Steve Buettow said the Independence Square Meeting determined that parking
was inadequate by 4 times. He noted the group would meet again 12/ 17/97.
. .PUBLIC HEARING:
�_ 1►— u l 1 11 I* AML 9 1 __ u I Nei1 U_
Amy Guthrie, staff, presented review standards regarding the code amendment
from the Community Development Memo dated 12/16/97 that had been discussed
at a previous worksession. She explained this code amendment affects only the
multi -residential zone district and current landmarks in those areas are permitted
to build two free-standing structures instead of a duplex. She noted this
amendment would extend this possibility to all lots not just historic lots. Guthrie
stated the side yard requirements have been changed to 3' for the two detached
buildings on one lot. She said that currently landmarks could only take on this
possibility as a conditional use, while other lots in this zone district are allowed a
duplex. Guthrie said the change would allow landmarks the ability to build two
units as a permitted use instead of conditional use.
David Hoefer reminded the applicant to provide the notice of mailing, although
the proof of notice was provided from the newspaper.
Alice Davis, representative for the applicant, introduced, into the record, a map for
the R/M/F zone district showing the specific sites.
Exhibit C
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Roger Hunt questioned the side yard set back change. Guthrie replied the side
yard set back, as approved by the fire marshall, would be changed from five feet
(5') to three feet (Y). She noted this was compatible with the historic structures in
town. Hunt stated concern for the decrease in space between buildings. He asked
how the size of the building would be constrained. Davis answered that duplex
FAR would be followed in that case. Hunt asked about snow sloughing from the
roof in a 3' area and windows on that side of the house. Guthrie said that snow
shedding would still be required. Ron Kanan noted that avalanche clips could be
used and all would be to the building code. Hunt said the building code could not
be relied upon for enforcement. Garton stated the smaller buildings would be
preferable. Julie Ann Woods commented that a memo would go to the building
department regarding the change.
MOTION: Bob Blaich moved to recommend to City Council approval
for the proposed code amendments to the R/M/F zone district as
described in the staff memo of December 16, 1997. Marta Chaikovska
second. APPROVED 6-1 (Hunt opposed)
. PUBLIC HEARING:
420 WEST FRANCIS - CONDITIONAL USE - ADU
Steve Buettow stepped down from this public hearing. David Hoefer stated for
the record an affidavit of notice had been provided and met jurisdictional
requirements. Amy Guthrie explained the applicant requested conditional use for
an ADU on a historical 6,000 square foot lot in the west end. She noted a
Victorian era house and a more recent out -building which includes the ADU (built
prior to the ADU regulations) were located on the property. She said the applicant
requested from HPC the retention of the unit and to add a one stall garage to the
building. Guthrie stated Parks had concerns about some large trees.
Guthrie commented the applicant reworked the approach to demolish and retain a
small portion of the existing building and reconstruct with a two stall garage on
the ground level and a 500 square foot ADU on the top level. She said HPC will
review (12/ 17/97) for the architecture and a variance (on the rear lot line due to
tree constraints). She noted the FAR allowed this construction. Guthrie said the
unit was reviewed by Housing and stated the usual conditions. She recommended
approval with the conditions 1-6 as outlined in the memo on pages 4 & 5.
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Exhibit D
ORDINANCE NO.2
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.28.090,
"RMF, RESIDENTIAL MULTI -FAMILY ZONE DISTRICT, TO ALLOW TWO
DETACHED UNITS WITH A MINIMUM LOT SIZE OF 6,000 SQUARE FEET.
WHEREAS, Section 26.92.030 of the Municipal Code provides that amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Planning Director did receive from Ron Kanan an application
0 for an amendment to the land use regulations, and reviewed and recommended for
approval, certain text amendments to Chapter 26 relating to Section 26.92.030; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed text
amendment on December 16, 1997 at which time the Planning and Zoning Commission
recommended approval to City Council by a vote of 6-1; and
WHEREAS, the City Council finds that the text amendment as proposed is
consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
is CITY OF ASPEN, COLORADO:
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Section l:
Section 26.92.030 "RMF Residential Multi -Fam
ily Zone District, is hereby
recommended to be amended to read as follows:
26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall. comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet, of which one unit shall be restricted as affordable housing to the middle
income price and occupancy guidelines. The affordable housing unit shall comprise a
minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit shall be provided for each unit.
C. 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 Chapter 26.60..
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and breakfast; and
boardinghouse.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings: 3,000
For multi -family dwellings on a lot between 6,000 and 9,000 square feet,
the following minimum lot area per dwelling unit (square feet) 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 1.000
square feet of lot area.
For multi -family dwellings on a lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 11,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
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4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only*:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4.500 5
10 feet.
4,500--6.000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area.
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
*Two detached dwellings on one lot shall not be subject to combined sideyard setback
requirements.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10 For two
detached buildings on one lot, the minimum distance between buildings may be reduced
to 6 feet subject to Special Review, pursuant to Section 26.64.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
0 maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
0 DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
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15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
• area.for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
which is 6,000 square feet or greater shall not exceed the floor area allowed for one
duplex.
Multi -family: 1: 1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
Section
This Ordinance shall not 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 provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 3:
If any section, subsection, sentence clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
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Section 4'
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A public hearing on the Ordinance shall be held on the 23rd day of February,
1998 in the City Council chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED,- READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the day of 71998.
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
Approved as to form:
City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
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John Bennett, Mayor
day of , 1998.
Approved as to content:
John Bennett, Mayor
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THE CITY OF ASPEN
Amy GUTHRIE
HISTORIC PRESERVATION OFFICER
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130 SOUTH GALENA STREET
ASPEN, COLORADO 81611-1975
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Amy GUTHRIE
HISTORIC PRESERVATION OFFICER
THE CITY OF ASPEN
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130 SOUTH GALENA STREET
ASPEN, COLORADO 81611-1975
THE CITY OF ASPEN
Amy GUTHRIE
HISTORIC PRESERVATION OFFICER
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130 SOUTH ENA STREET
\�� ASPEN, COLORADO 81611-1975
CITY COUNCIL AGENDA
January 26, 1998
5:00 P.M.
Call to Order
II. Roll Call
111. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
VI. Consent Calendar (These matters maybe adopted together by a single motion)
a) Resolution #7, 1998 - Naming "Remo" Park
b) Resolution #8,1998 - Morgridge Annexation
c) James E. Moore Pool Hot Tub Donation
d) Ordinance #3, 1998 - Code Amendment - Garbage, Trash and Ashes
e)
VII. Public Hearings
VIII. Action Items
a) Resolution #6, 1998 - Child Care Trust Fund Loans
b) Resolution #9, 1998 - Smuggler Area Traffic Plan
c) Ordinance #2, 1998 - Code Amendments Residential Multi -family Zone
Z-,' (� v- �, cYb I ads
IX. Information Items
a) Grand Aspen Annual Compliance Report
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X. Adjournment �� & � �
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Next Regular Meeting Februacy 9, 1998
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
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MEI%IORANDU,NI
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson. Community Development Dir for
Julie Ann Woods. Depute Planning Director
FROM: Amy Guthrie. Historic Preservation Officer
RE: RMF zone district. text amendment. First Reading of Ordinance #-;21�
Series of 1998
DATE: January 26. 1998
SUMMARY: The applicant proposes an amendment to Section 26.28.090 of the
Municipal Code. This section pertains to the "RAIF. Residential Multi -Family- zone
district.
Currently the zone district allows a duplex to be built on a minimum lot size of 6,000
square feet. For historic landmarks the duplex may be broken down into two freestanding
units. This application \\ould allow all parcels of at least 6,OQQget in-thc-RAW
zone district to do the same. For projects -which utilize the new code provision. a smaller
sidevard setback than current]\ exists (3 feet instead of 5 feet) would be allowed to
L-
provide more flexibility in the design of the structures. The Fire and Building
Departments accept this setback as sufficient to meet their safety concerns.
Staff has proposed one change to the application. Since a duplex is a permitted use. it
does not seem appropriate to require t\,\-o detached units to be re a wed as a conditional
use. This extra process might be a disincentive to an amendment which staff sees as
having a positive effect on residential development.
APPLICANT: Ron Kanan. represented by Alice Davis.
PLANNING AND ZONING COMMISSION REVIEW: The Planning and Zoninh_
Commission re,,-ie\\ed the application on December 16. 1997. and recommended
approval by a vote of 6-1.
REVIEW STANDARDS AND STAFF COMMENTS: Following is Section
26.28.090. the "Residential Multi -Family- zone district. Language which is proposed to
be eliminated is shown as struck out. Proposed nee\ laz wage is underlined:
1 c.a�-�-t� r7�e�--t��►c-�
Exhibit A
" 26.28.090 Residential Multi -Family (R/11F).
A. 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 institutional uses customarily found in
proximity to residential uses are included as conditional uses. Lands in the
Residential,'Multi-Family (R'MF) zone district are typically those found in the original
Aspen To«•nsite, within walking distance of the center of the city. or include lands on
transit routes. and other lands «•ith existing concentrations of attached residential
dwellings and mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the
Residential'Multi-Family (R%MF) zone district.
1. Detached residential dwelling:
2. Duplex residential d\\elling. of which one unit shall be restricted as
affordable housing to the middle income price and occupanc\ guidelines. The affordable
housing unit shall comprise a minimum of one-third of the total floor area of the
duplex. In the alternative. both may be free market units if an accessory dwelling unit
shall be provided for each unit:
3. Multi -family dwellings:
4. Home occupations:
>. Accessory buildings and uses: and
6. Dormitor\ .
Z Two detached residential dNellings on a lot \\ith a minimum of 6M(
square et. A-V0 t - .
C. Conditional uses. The following uses are permitted as conditional uses in
the Residential'Multi-Family (R."NIF) zone district. subject to the standards and
procedures established in Chapter 26.60.
1. Open use recreation site:
2. Public and private academic school:
3. Church:
4. Group home:
�. Day care center:
6. Museum:
7. For properties which contain a historic landmark.. bed and breakfast: and
boardinghouse: N i a.an detaelied sidential , elfin s let with TCI
6.000 square feet.
8. AccessorN duelling units meeting the provisions of Section 26.40.090,
D. Dimensional requirements. The following dimensional requirements shall
apple to all permitted and conditional uses in the Residential '\Multi-Famil\ (R NI1 ) zone:
district.
1. 'Minimum lot size (square feet): 6,000
2. Minimum lot area per duelling unit (square feet):
Detached residential d\elling: 6.000
Duplex: 1.000
T\\o detached residential dwellings en a lot v,hiehntaii.,
lafidmafk: ;.000
For multi -family d«el ings on lot between 6.000 and 9.000 square feet. the
follovving requirements apple: C--)r
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 1.000
square feet of lot area.
For multi -family dwellings on lot of more than 9.000 square feet. the
following 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 1.000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less. when at
least fifty percent (500io) of the units built on -site are restricted as affordable housinL. the
following square feet requirements apple:
Studio: 500
1 bedroom: 600
2 bedroom: 1.000
3 bedroom: 1.500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27.000 square feet or less. when one
hundred percent (1000/6) of the units built on -site are restricted as affordable housine. the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1.200
Units with more than 3 bedrooms: One ( l) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
Minimum lot %\idth (feet): 60
4. Minimum front N and (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apple to
detached residential and duplex dwellings onl\ *:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Ward (Feet) Yards (Feet)
0--4.500
10 feet.
4.500--6.000 10 feet. plus 1 foot for each
additional 300 square feet of lot area.
to a maximum of 15 feet of total side
yard.
6.000- 5 15 feet. plus 1 foot for each
additional 200 square feet of lot
area. to a maximum of 20 feet of
total side yard.
* The minimum side yard for two detached dwellines on one lot shall be ; feet
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal buildine: 10
Accessory buildinLI.: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot
tlt
ell0 \.� % l
eel): 10.. except for t\\o
i11"A%Pt
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforrning lots of
record):
DETACHED RESIDENTI.aL DWELLINGS
Lot Size (Square Feet) AlloNN able Square Feet'
0--3.000 80 square feet of floor area for each 100 in lot area. up to a
maximum of 2.400 square feet of floor area.
3.000--6.000 2.400 square feet of floor area. plus 28 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 3,240 square feet of floor area.
6.000--9.000 3.240 square feet of floor area. plus 14 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 3,660 square feet of floor area.
4
S 9.00 -- 0 1 _.000 3.660 square feet of floor area. plus 6 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 4.020 square feet of floor area.
15.000--50.000
I P1- 4
7 50.000—
O 4( DUPLEX
Lot Size (Square Feet) AlloNN able Square Feet"
0--3.000 90 square feet of floor area for each 100 square feet
in lot area. up to a maximum of 2.700 square feet of
floor area.
3.000--6.000 -.700 square feet of floor area. plus 30 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 3.600 square feet of floor area.
4.020 square feet of floor area. plus 5 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 5.770 square feet of floor area.
5.770 square feet of floor area. plus ? square feet of floor
area for each additional 100 square feet in lot area.
6.000--9.000 3.600 square feet of floor area. plus 16 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 4.080 square feet of floor area.
9.000-- l 5.000
A v
or
\� 15.000-- 0:D00
50.000-
4.080 square feet of floor area. plus 6 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 4.440 square feet of floor area.
4.440 square feet of floor area. plus 5 square feet of floor
area for each additional 100 square feet in lot area. up to a
maximum of 6.190 square feet of floor area.
6.190 square feet of floor area. plus 3 square feet of floor
area for each additional 100 square feet in lot area.
'V�,,A;o� *Total external floor area ratio for mo detached residential d%Nellings on a lot
\ betNcer which is 6.000 square feet or greater eeniai^i•i_� an hisiof:e al >andfii fl shall not
exceed the floor area allmved for one duplex.
Multi -family : 1:1. which maN be increased to 1.1 :1 b\ special,- v ie\N pursuant tc?
Chapter 26.64.
Internal floor area ratio: No requirement.
4AW ��► �c� -�v49-0
E. Off-street parking requirement. The following off-street parking spaces
shall be provided for each use in the Residential/Multi-Family (R11\1F) zone district.
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2 )
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2. 5. 7, 13. Ord. No. 7-1989. § 1; Ord. No. 22-1995. § 6. Ord. No. 38-
1996, § 2: Code 1971. § 5-206)
The review standards for evaluating the proposed amendment, per Section
26.92.010, are:
A. Whether the proposed amendment is in conflict with and applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict xvith am chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages residential design ,Nhich is in character xvith
Aspen's traditional neighborhoods. This proposal accomplishes that b\ offering an
alternative to the traditional duplex form which creates smaller freestanding buildings.
more in keeping with .Aspen's older homes.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment does not increase density or allow an\ ne\N land
uses. It addresses building mass.
D. The effect of the proposed code amendment on traffic generation and road
safer`.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment Hould result in
demands on public facilities, and whether and, the extent to iNhich the proposed
amendment would exceed the capacity of such public facilities, including but not
6
0 *Vill
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson, Community Development Di fo
Julie Ann Woods, Deputy Planning Directr
_ >
FROM: Amy Guthrie, Historic Preservation Officer
RE: RMF zone district, text amendment, First Reading of Ordinance #z
Series of 1998
DATE: January 26, 1998
SUMMARY: The applicant proposes an amendment to Section 26.28.090 of the
Municipal Code. This section pertains to the "RMF, Residential Multi -Family" zone
district.
Currently the zone district allows a duplex to be built on a minimum lot size of 6,000
square feet. For historic landmarks the duplex may be broken down into two freestanding
units. This application would allow all parcels of at least 6,000 square feet in the RMF
zone district to do the same. For projects which utilize the new code provision, a smaller
sideyard setback than currently exists (3 feet instead of 5 feet) would be allowed to
provide more flexibility in the design of the structures. The Fire and Building
Departments accept this setback as sufficient to meet their safety concerns.
Staff has proposed one change to the application. Since a duplex is a permitted use, it
does not seem appropriate to require two detached units to be reviewed as a conditional
use. This extra process might be a disincentive to an amendment which staff sees as
having a positive effect on residential development.
APPLICANT: Ron Kanan, represented by Alice Davis.
PLANNING AND ZONING COMMISSION REVIEW: The Planning and Zoning
Commission reviewed the application on December 16, 1997, and recommended
approval by a vote of 6-1.
REVIEW STANDARDS AND STAFF COMMENTS: Following is Section
26.28.090, the "Residential Multi -Family" zone district. Language which is proposed to
be eliminated is shown as struck out. Proposed new language is underlined:
Exhibit A
"26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6.000
square feet.
C. 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 Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark; bed and breakfast; an
boardinghouse.; and twe detaehed residential dwellings on a lot v4th a minimum area of
6,000 squafe feet.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings ona lot whieh eenta
3,000
2
For multi -family dwellings on lot between 6,000 and 9,000 square feet, the
following 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 1,000
square feet of lot area.
For multi -family dwellings on lot of more than 9,000 square feet, the
following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only*:
3
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4,500 5
10 feet.
4,500--6,000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
* The minimum side yard for two detached dwellings on one lot shall be 3 feet
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10, except for two
detached buildings on one lot or hich the minimum distance shall be 6 feet.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
4
0 •
9,000--15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
DUPLEX
Lot Size (Square Feet) Allowable Square Feet'
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
U00--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000-4 5,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
betivee}r which is 6,000 square feet or greater shall not
exceed the floor area allowed for one duplex.
Multi -family: 1:1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
5
•
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
The review standards for evaluating the proposed amendment, per Section
26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages residential design which is in character with
Aspen's traditional neighborhoods. This proposal accomplishes that by offering an
alternative to the traditional duplex form which creates smaller freestanding buildings,
more in keeping with Aspen's older homes.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment does not increase density or allow any new land
uses. It addresses building mass.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
6
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The Aspen Sanitation District requests that the developments which result
from this code amendment be required to enter into a "shared service agreement," since
the two units will share a common service line although the units may be separately
owned. Other services are not expected to have a change in demands as a part of this
amendment.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment will not create impacts in addition to those created by the
uses which are currently allowed.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Staff finds the amendment to be consistent with the community character
in that it offers an opportunity to create .smaller homes which appear to be on a 3,000
square foot lot, which is the historic lot size in Aspen. It also offers an opportunity for
more variety and creativity in new development.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The RMF zone district, which is mostly located in the East End
neighborhood, has seen rapid changes from new development in the past 5 years, much of
it out of scale with the traditional buildings in that area. This amendment addresses that
issue and provides an opportunity for a better solution.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment is consistent with the public interest.
STAFF RECQMMENDATION: Staff recommends that City Council approve
Ordinance # Series of 1998 on First Reading.
RECOMMENDED MOTION: "I move to move to approve Ordinance #4 , Series
of 1998 on First Reading."
Exhibits -
Ordinance
Ordinance # `�„ Series of 1998.
A. Staff memo dated January 26, 1998.
B. Application.
C. Minutes of the Planning and Zoning Commission, December 16, 1997.
7
ORDINANCE NO. o�
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.28.0909
"RMF, RESIDENTIAL MULTI -FAMILY ZONE DISTRICT, TO ALLOW TWO
DETACHED UNITS WITH A MINIMUM LOT SIZE OF 6,000 SQUARE FEET.
WHEREAS, Section 26.92.030 of the Municipal Code provides that amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Planning Director did receive from Ron Kanan an application
for an amendment to the land use regulations, and reviewed and recommended for
approval, certain text amendments to Chapter 26 relating to Section 26.92.030; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed text
amendment on December 16, 1997 at which time the Planning and Zoning Commission
recommended approval to City Council by a vote of 6-1; and
WHEREAS, the City Council finds that the text amendment as proposed is
consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
Section 26.92.030, "RMF, Residential Multi -Family Zone District, is hereby
recommended to be amended to read as follows:
26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Res 1 dential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet.
C. 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 Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark; bed and breakfast; and
boardinghouse.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings: 3,000
For multi -family dwellings on lot between 6,000 and 9,000 square feet, the
following 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 1,000
square feet of lot area.
For multi -family dwellings on lot of more than 9,000 square feet, the
following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only*:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4,500 5 10 feet.
4,500--6,000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
* The minimum side yard for two detached dwellings on one lot shall be 3 feet.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10, except for two
detached buildings on one lot for which the minimum distance shall be 6 feet.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
•
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000--15.000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
which is 6,000 square feet or greater shall not exceed the floor area allowed for one
duplex.
Multi -family: 1: 1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
Section 2:
This Ordinance shall not 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 provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 3:
If any section, subsection, sentence clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 4:
A public hearing on the Ordinance shall be held on the day of ,
1998 in the City Council chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
0 •
prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the day of , 1998.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 1998.
Approved as to form:
City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to content:
John Bennett, Mayor
?)
avis Horn�,�C -
PLANNING & REAL ESTATE CONSULTING
October 28, 1997
Mitch Haas
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Proposed Text Amendment for the R/MF Zone District
Dear Mitch:
As we have discussed on several occasions, Davis Horn Incorporated
is working on behalf of Ron Kanan to have a text amendment to the
City of Aspen Land Use Regulations processed. The text amendment
is to allow two detached residences on one lot in the R/MF zone
district. Such use is currently allowed on historically designated
lots within all residential zones in the City. This amendment will
therefore, closely follow the use allowed for historic properties,
but expands it to lots with 6,000 square feet or more which are in
the R/MF zone district.
Originally I indicated that Davis Horn Inc. would be submitting
this proposed text amendment along with a submission requesting
approval for two residences on one lot at 123 East Hyman Avenue
owned by the applicant, Ron Kanan. However, due to the detail,
time and money required for a specific development application,
Kanan has decided to postpone submission of his application until
we have feedback on the proposed text amendment. If the Planning
Office, Planning Commission and City Council appear to be
supportive of the text amendment, then we will submit a request for
such a project on Kanan's property.
Therefore, the following is an application for a proposed amendment
to the text of the Land Use Regulations for the City of Aspen
pursuant to Section 26.92, Amendments to the Land Use Regulations
and official Zone District Map. The amendment proposed seeks to
amend the following two items under Section 26.28.090 R/MF
Residential Multi -Family Zone District:
1) The conditional uses allowed in the R/MF zone district to
include two detached dwellings on a lot with a minimum area of
6,000 square feet;
2) Dimensional requirements in the R/MF zone district: minimum
lot area per dwelling unit, minimum side yard, minimum
distance between buildings on the lot and allowable floor
area.
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
Exhibit B
Pre -Application Conference
A pre -application conference was held August 14, 1997 with Mitch
Haas and Bob Nevins of the Planning Office. Prior to the pre -
application conference, a meeting on the proposal was held with Bob
Nevins and Stan Clausen. As only the text amendment is now being
submitted for review, only the pertinent items on the pre -
application conference summary sheet have been considered. You
verified that this was acceptable. Please refer to the application
form in Attachment 4, the pre -application conference summary sheet
in Attachment #5 and the fee agreement in Attachment #6.
Minimum submission Contents
The applicant for this text amendment is Ron Kanan of 194 Haystack
Lane, Snowmass Colorado 81654. Kanan's phone number is 379-0866.
Please see Attachment #3 for a letter authorizing Davis Horn
Incorporated to represent Mr. Kanan in the land use review process.
Although Mr. Kanan owns property at 123 East Hyman Avenue in the
R/MF zone district, no specific development is proposed at this
time. The text amendment will cover lots greater than 6,000 square
feet in the Residential Multi -Family zone district (R/MF).
Therefore, the submission requirements with regard to specific
ownership are not applicable.
specific Submission Contents
Section 26.92.040 of the Land Use Regulations entitled
"Application" requires the specific wording of a proposed text
amendment to be submitted with a development application for an
amendment to the text of the Land Use Regulations. Such specific
wording is given in Attachments 1#1 and #2. For the sake of
clarity, Attachment #1 shows the existing Code language with the
changes specified which are necessary to accommodate the proposed
expanded conditional use in the R/MF zone district. Strikeouts
indicate where language has been omitted and bolding indicates
where new language has been added. Attachment #2 shows the
Regulation as it would exist if the proposed amendments were
adopted. Sections with changes have been bolded.
No amendments to the Official Zone District Map are proposed.
Public Hearing Notice Requirements
A text amendment application requires a public hearing at both the
Planning Commission and the City Council. Both hearings must be
noticed through a publication in a paper of general circulation in
the City of Aspen and must be done at least 15 days prior to the
hearing. It is our understanding that the legal notice will be
written and published within the appropriate deadline by the
Planning Office.
2
0 •
Applicable Review Standards
Section 26.92.020 gives the nine standards of review (A through I)
for evaluating text amendments. Each standard is listed below,
then addressed as it relates to the proposed amendment regarding
two detached residential dwellings on one lot in the R/MF zone
District. In reviewing the proposed amendment, the City Council and
the Commission must consider the following standards:
A. Is the proposed amendment in conflict with any applicable
portions of this title? No. As two homes on one lot is
already allowed in the zone, the proposed amendment only
expands the allowed conditional use to all lots 6,000 square
feet and greater in the R/MF zone district.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan? This proposal seeks to
create more variety in the size, density and diversity of
development in Aspen which is part of the Community Vision in
the Aspen Area Community Plan (AACP - See page 5 of AACP.)
Historically, single family residential lots were 30 x 100 or
3,000 square feet. Allowing two small homes on one 6,000
square foot lot is reflective of the small miner's cottages
historically found in Aspen. It allows compatibility with
this historic use while not increasing the density or scale of
the immediate neighborhood or zone district.(See page 7 of
AACP.)
It.is stated in the purpose of the R/MF zone, that lands in
the zone are typically the original townsite lots, within
walking distance of the City, on transit routes and are lands
with concentrations of attached and detached residential
dwellings. Development and more often redevelopment of these
lands with two smaller homes furthers the purpose and
historical scale of the zone.
The diversity of opinions about Aspen is one of its greatest
traditions. (See page 9 of AACP.) Allowing another development
option (two homes on one lot) with no additional impacts
allows this diversity of opinions to flourish. It allows a
greater variety in what can be built and contributes to the
character and vitality of Aspen.
Growth, transportation, affordable housing, commercial/retail
and open space/recreation elements of the AACP are not
impacted by the proposed amendment. The Design Quality and
Historic Preservation of the AACP certainly support the
amendment. Two small homes on one lot should enhance the
special character of Aspen, the historic district in Aspen and
should help to ensure the maintenance of character. (See pages
54 and 55 of the AACP.)
3
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use
and neighborhood characteristics? Nearby existing uses are
residential and the proposed amendment should enhance overall
neighborhood appeal by reducing the scale and magnitude that
typically comes with new development or redevelopment in the
R/MF zone district. The proposed amendment will allow two
homes on one lot, but it will not increase density. It may
decrease density by allowing an alternative to multi -family
development in the R/MF zone. As homes on 3,000 square foot
lots were historically most common, the amendment will be
quite compatible with surrounding zone districts and land
uses.
D. The effect of the proposed amendment on traffic generation and
road safety. There should be no impact on traffic generation
and road safety as a result of the proposed amendment.
Alternative uses already allowed include a duplex which would
have similar impacts and a multi -family use which would
generate a larger structure, more residents and more traffic.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the
extent to which the proposed amendment would exceed the
capacity of such public facilities including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools and emergency medical facilities.
None of the above facilities will be impacted. In fact, the
choice to develop two homes on one site instead of pursuing
multi -family development in the R/MF zone district may reduce
the demand for these services.
F. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural
environment. There should be no significant impacts on the
natural environment. The amendment only provides another
option in how a parcel can be developed. By reducing the
scale, mass and size of developments, less impact may occur.
Two separate homes may be designed so that no more energy
resources are used than would be necessary for a larger duplex
which is now allowed in this zone district. This option is a
more energy efficient development that a multi -family use
would be.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen. As
mentioned previously, allowing two homes on one lot will in no
way be inconsistent or incompatible with community character.
It should, in fact, enhance character by the smaller, more
historical scale and character of the resulting development.
4
•
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment. We believe that the development of
large duplex and townhome projects within the residential zone
districts in Aspen have begun to erode away at the historic
design, appeal, scale and overall character of Aspen. This
text amendment should create a greater variety of potential
designs and more interesting designs where the mass and scale
are more broken up and varied than would occur in one larger
duplex or multi -family structure. It is more indicative of
the small miner's cottages originally found in Aspen prior to
the more recent era where builders try to maximize square
footages.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent
of this title. The amendment will not be in conflict with the
public interest, but should be quite valuable and beneficial
to the public interest, all in harmony with the purpose and
intent of the Land Use Regulations.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur. This limited
application of the proposed use in the R/MF zone district,
along with similar projects developing on historically
designated lots where the use is already allowed, will provide
a good testing ground for the City to determine if this use is
valuable and beneficial to the City of Aspen. There do not
appear to be any negative remifications to trying the use as
a conditional use allowed in the R/MF zone district. At this
time there has been very limited application of this use
through developments on historically landmarks.
Dimensional Requirements.
In addition to the new, proposed conditional use in the R/MF
zone district, applicable dimensional requirements must be
amended as well. The proposed minimum lot area per dwelling
unit is 6,000 square feet and the proposed minimum size for
each side yard is 5 feet, the same as currently exists for two
detached residential dwellings allowed for historic landmarks.
The total of both side yards is proposed to be 10 feet, the
same as for multi -family dwellings. No side yard total
requirement is specified for historic landmarks.
As proposed, the floor area allowed for two residential
dwellings on one lot is the same as that allowed for a duplex,
3600 square feet total or 1,800 square feet each for a 6,000
square foot lot. This is less than the floor area that would
be allowed for two residences if the sliding scale is applied
5
9 •
to two 3,000 square foot lots, 4,800 square feet total or
2,400 square feet each for a 6,000 square foot lot.
The minimum distance between buildings requirement is now 10
feet. We have left that requirement the same for all uses
except for two detached residential dwellings. We are
proposing a minimum distance of 6 feet between buildings for
two detached residential dwellings on one lot. We have had
discussions with Stephen Kanipe, Chief Building Official and
Ed Van Walraven, the Fire Marshall. Both have stated that the
purpose and the intent of the distance (safety and access
issues) are still met with a 6 foot requirement. As a
conditional use, the City still has the right to review
specific development applications to make sure everyone is
comfortable with the resulting design. We have asked for 6
instead of 10 feet as we believe it allows for a better design
for two detached structures. Given a 6,000 square foot lot is
60 feet wide and subtracting two 5 foot side yard setbacks,
there is 50 feet left. Since all safety and access issues are
met with a 6 foot requirement, each structure can be 22 feet
wide instead of only 20 feet wide. Please refer the
Attachment 47, a sample footprint for a 6,000 square foot lot
with two detached residential dwellings.
Summary
Allowing two single family homes on a 6,000 square foot lot in
the R/MF zone will encourage the development of two smaller
homes as opposed to one large, more massive home. One home on
a 6,000 square foot lot in the R/MF zone can be 3,240 square
feet, a duplex can be 3,600 square feet and a multi -family
structure can be 6,000 square feet or 6,600 square feet if
deed restricted housing is provided. With two homes on one
6,000 square foot lot, the two can each be 1,800 square feet,
3,600 square feet total, the same floor area allowed for a
duplex. If there were two 3,000 square foot, separately
developable lots, 2,400 square feet of floor area could be
built in each home (4,800 square feet total) but this text
amendment limits the total size of the two homes on one lot to
3,600 square feet.
Having analyzed the redevelopment of his 6,000 square foot
property at 123 East Hyman Avenue in the R/MF zone district,
Ron Kanan believes the best option for the most attractive,
desirable design is two small single family homes, detached
from each other but on the same lot, as opposed to a duplex or
two homes attached by a garage.
We believe that two homes on on
a more interesting design where
broken up and varied than in
existing Land Use Regulations
0
e site will most often create
the mass and scale is more
one larger structure. The
require the two units in a
•
duplex to share a common wall that is no less than 20% of that
total wall. Many disjointed designs have been created to meet
this criteria while two separate single family homes should
create a more natural and pleasing design of a smaller scale.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur.
The following attachments are included with this application:
Attachment #1: Proposed Text Amendment - Existing language
reflecting proposed changes (deletions and
additions);
Attachment #2: Proposed Amendment - New regulation as it would
exist if amendment is approved (to provide clarity
and eliminate confusion);
Attachment #3: Letter from Ron Kanan authorizing Davis Horn Inc.
to submit this application and to represent him in
the land use review process;
Attachment #4: Land use application form;
Attachment #5 Pre -application conference summary sheet;
Attachment #6: Signed agreement for payment of City of Aspen
development application fees; and
Attachment #7: Sample footprint for two detached dwellings on one
6,000 square foot lot.
Thank you for your assistance with this application. Please call
if you have any questions or if we have neglected to address any of
your concerns.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS AICP
7
Attachment #1
PROPOSED CITY OF ASPEN LAND USE TEXT AMENDMENTS FOR
SECTION 26.28.090
(Strikeouts indicate portions to be omitted and bold indicates
portions to be added by the proposed amendment.
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark, bed
and breakfast -rand boardinghousef and twe `'etae e
residential dwellingsena!at with aei 6,900
squar feet..
•
•
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet.
—8.9. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3 ,�000
Two detached residential dwellings on a lot -en
eentains—a--h-istorie landmark: 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p e r 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
ft of lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to deter he residential single family
residences and duplex dwellings only (does not apply to
two detached residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
6,000+
Minimum Size for
Each Side Yard (Feet)
5
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
principal building: 10
accessory building: 5
7. Maximum height (feet): 25
• 0
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
•
•
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot between 6,000 square feet or greater eentaining an
nisterie ' ' a-d....v'_ shall not exceed the floor area allowed for one
duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
Attachment #2
CITY OF ASPEN LAND USE REGULATIONS: SECTION 26.28.090
ASSUMING AMENDMENT IS ADOPTED
(Areas where changes were made are in bold)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and
breakfast and boardinghouse;
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet;
9. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size: 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lot: 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p r e 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
feet of lot
area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to single family residences and duplex
dwellings only (does not apply to two detached
residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
6,000+
Minimum Size for
Each Side Yard (Feet)
9
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
•
•
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
•
•
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot 6,000 square feet or greater shall not exceed the floor
area allowed for one duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
• Anrr. 3 •
RON KANAN
194 Haystack Lane
Snowmass, Colorado 81654
379-0866
Mitch Haas
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Aspen Land Use Regulations - Proposed Amendment
Authorization to represent
Dear Mitch:
Davis Horn Inc. with Alice Davis as the project manager, has been
authorized to represent me in the land use review for the
processing of a proposed amendment to the Aspen Land Use
Regulations. We hope to have an amendment to the R/MF zone
district approved so that two detached residential dwellings will
be allowed on one lot with a minimum size of 6,000 square feet.
Davis Horn Inc. is located at 215 South Monarch Street Suite 104,
Aspen, Colorado 81611. Their phone number is 925-6587.
Please call Alice Davis if you have any questions or concerns. I
am available for questions as well.
Thank you for you help.
Sincerely, �
RON KANAN
194 Haystack Lane
Snowmass, CO. 81654
379-0866
1) Project name R-�F zone Di sfr'i�-f- Cl�� �4m�endrrr�rtt
2) Project ILxmtion 1`-n1 Zone
(irrb-sate street address, lot & block n=ber, legal des= t 3 on where
apPrcpria)
3) Presestt zoning K M r 4) Lot Size �p �t-(J ST n-9ea -k-r
5) Applicant's Name, Address & Phone $ kx Kanar
!q Uau�CIc Lane Sno s5+ (D, $��5L/
6) Reoresentative's Na,meAddress & Phone # / i !! C'� au j j - 02 0 Flom
0- tWAMO' N
7) Type of Application (please check all that apply) :
ConcUtional Use
Special Review
8040 Griake-ni-ine
Seam Ma 7i n
Final SPA
m«• S'=;
C=x;ep�al Histzri.c Dev_
Final Historic Dev_
M.incr Historic Dev_
His--Oric D®oUticn
M.a.mtain View Plane Subdivisicn Fustoric Designat-on
Car cla i n i t rn i +a tion _Z T�--xVM= Amendment- G':�5 A llotmerit
lot SpIity Lot Line Em=pt-i on
Adjustment
8) �,"ticn of E�tdng Uses (amber and type of ems`. i m st=t es:
apprm; mate sq. ft- ; n=ber of becbm s: any -�=evia aporrwals granted to the
Pasty) -
" �lof- aopl c ca b��
WMATIMATISIO *0'"
i
0. ll o Ltv-4 -for h i s*rk- IOJVl of -5—� `
10) Have you attached the following?
Rye to AttaCm ent 2, M i n i n. an 4 jhm i —on Ctntmts
✓ Response to Attadment 3, Specific Subm -=icn CYxtt.ents
_ /L RL--- se to Attacks 4, Review for Your Application
0 CITY OF ASPEP
I9milit MIX
PROJECT:
REPRESENTATIVE
OWNER:
PRE -APPLICATION CONFERENCE SUMMARY
Mitch Haas, 920-5095
DATE: 8/ 14/97
123 East Hyman Code Amendment, Conditional Use Reviews, and Residential
Design Standards Review (Special Review possible as well)
Alice Davis, Davis-Hom Inc. --- 925-6587
215 S. Monarch Ave.; Aspen, CO 81611
TYPE OF APPLICATION: Code Amendment, Conditional Use Reviews and Residential Design Review
(Special Review possible as well)
DESCRIPTION: Applicant would like to amend the code allow, as a conditional use in the R-MF
Zone District, two (2) detached single family dwelling units on one lot (a detached
duplex, in effect); next the applicant would request conditional use approval for one
or two ADUs as well as for the ability to construct a detached duplex on the lot in
question (provided the requested code amendment gets approved); the proposal
would be subject to review under the Residential Design Standards; and, if the
applicant seeks to vary the on-site/off-street parking requirements for the free
market units, Special Review approval would be required. The property in question
is located at 123 E. Hyman Avenue and contains 6000 square feet. There is an
existing residence that would be demolished an replaced.
Land Use Code Section(s)
Chapter 26.92, Amendments to the Land Use Regulations and Official Zone District Map;
Chapter 26.60, Conditional Uses;
Section 26.40.090, Accessory Dwelling Units;
Section 26.28.090, Residential Multi -Family (FjW);
Section 26.58.040, Residential Design Standards;
Section 26.100.050(A)(2)(c), GMQS Exemptions for Detached Single -Family or Duplex Dwelling Units; and,
if needed, Section 26.64.040(B), Review Standards for Special Review --- Off -Street Parking Requirements.
The following Sections of the Code are also applicable:
Chapter 26.44, Park Development Impact Fee;
Section 26.88.070, Condominiumization, and with Condominiumization (Subdivision) comes Section
26.88.040(C)(6), School Land Dedication Standards;
Section 26.100.070, Minimum Development Standards; and,
Section 26.52.030, Application and Fees.
Review by: City of Aspen Planning and Zoning Commission and the City Council. The rezoning
requires public hearings before both the P&Z Commission and the City Council.
Public Hearing: Yes, for the code amendments and conditional uses, and the notice requirements outlined
in Chapter 26.52 will have to be followed. No, for special review.
Referral Agencies: Engineerilig, Housing, Parks, Environmental Heat, Zoning, Fire Marshal, Water,
ACSD, Building, Electric, City Attorney's Office, and Streets.
Planning Fees: Planning Deposit Major ($2160)
Referral Agency Fees: Engineering, Major ($270); Housing, Major ($165); Environmental Health,
Major ($310)
Total Deposit: $2,905.00 (beyond the 12 "base" hours covered by the deposit, additional hours are billed
at a rate of $180/hour). J o1zr147 Per A cA How: d Z 1 LD + I1& «P; rS
for tioc t * ttndn A+ on ty .
To apply, submit the following information: (Also see Section 26.32.030, Application and Fees)
1. Proof of ownership
2. Signed fee agreement
3. Appiicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which 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.
5. Total deposit for review of the application
6. 30 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2
7. An 8 ''/:" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the
state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with the review standards relevant to the development application.
Please include and clearly indicate existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1"=50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their
setback from the street in feet. Identify parking and front entry for each building and locate any
accessory dwelling units along the alley. Indicate whether any portions of the houses
immediately adjacent to the subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show
topography of the subject site with 2' contours.
c) All building elevations at 1/8" = 1'-0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation
board.
11. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights -of -
way, for public hearings.
12. Copies of prior approvals.
13. All other materials requireArsuant to the submittal requirements pOkets.
Detailed requirements, in addition to those mentioned above:
Site plan drawings of the development, at a scale of either one (I") inch equals twenty (20') feet or one (I")
inch equals thirty (30') feet, composed of one or more sheets with an outer dimension of twenty-four by
thirty-six (24" x 36") inches, showing the following information:
1. Title by which the proposed development is to be referred.
2. Scale (graphic and written), north point, and date of preparation.
3. Location of municipal boundaries at or near the development.
4. Parcel size in gross and net acres and square feet.
5. Total number, type, and density per type of dwelling units.
6. Total bedrooms per each dwelling unit type.
7. Residential density (gross and net).
8. Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by building.
9. Proposed coverage of buildings and structures, including the following:
a. Percentage and square footage of building coverage.
b. Percentage and square footage of driveway and parking.
c. Percentage and square footage of public street right-of-way.
d. Percentage and square footage of open space and/or landscaped area.
e. Percentage and square footage of open space meeting the City's definition (with a graphic
representation of "open space to view" calculations).
10. Number and location of off-street parking, including guest, handicapped, bicycle and motorcycle parking
including typical dimensions of each.
11. Lot lines, easements, public right -of ways as per subdivision plat.
12. Exact location of all buildings and structures and building envelopes dimensioned on at least two (2) sides
to the nearest platted property line.
13. Location of temporary model homes, sales office, and/or construction facilities, including temporary signs
and parking areas (as applicable).
14. Topographic contours at two (2') foot intervals.
15. Location, species and size of existing plant materials.
16. Location and floor area of existing and proposed buildings, with proposed setbacks indicated.
17. Location of existing and proposed pedestrian circulation system including its interrelationships with the
vehicular circulation system indicating the proposed treatment of points of conflict.
18. Maximum building height of all structures.
19. Existing zoning and minimum required setbacks (front, sides, rear).
20. Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of
the area and uses within one hundred fifty (150') feet of the proposal, exclusive of public right-of-way, at
the same scale as the proposal and including the following:
a. Land uses and location of principal structures.
b. Densities of residential uses.
c. Existing trees and major features of landscape.
d. Topographic contours at two (2') foot intervals.
e. Traffic circulation system.
21. Vicinity map of the area surrounding the site within a distance of at least one-half (1/2) mile, showing:
a. Zoning districts.
b. Location of existing municipal boundary lines.
c. Traffic circulation systems.
d. Major public facilities (schools, parks, etc.)
22. Owner's certification of Oeptance of conditions and restrictiora set forth on the site plan (unsigned
until review process is completed; to be signed prior to recordation).
23. Statement of variances to City design criteria and standards.
24. Certification by an attorney licensed to practice law in the State of Colorado that the "owners and
proprietors" as defined in Section 29-526 31-23-111, C.R.S., have executed and acknowledged the plat in
accordance with Section 29-526 31-23-104, C.R.S.
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920-5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are
based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not, in any way, create a legal or vested
right.
16
ASPEN/P COMMUNITY DEVELOPMEAEPART1ViENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and kor Kgrun
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for __Q -trK� ammdmptt�-
?. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure -for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of S 21 which is for 1 Z hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
Community Development Director
City of Aspen
Signature:
Date: l0 Z
Printed Name: km"i 4w
Mailing Address: 124
Str�ryma ss . CO _ S!G S`f
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•
Sara Garton, Chair, called the regular Aspen Planning & Zoning meeting to order
at 4:30 with Bob Blaich, Steve Buettow, Marta Chaikovska, Roger Hunt, Tim
Mooney, Jasmine Tygre and Dave Johnston present. Other Staff present were
David Hoefer, Assistant City Attorney, Chris Bendon, Stan Clauson, Amy Guthrie
and Julie Ann Woods, Community Development Department.
COMMISSIONER AND STAFF COMMENTS
Bob Blaich distributed an article from the 12/6/97 Economist. 1)P, N' IF r
Stan Clauson stated that regulating department stores by limiting the square feet
was a way of making a code change by resolution from planning & zoning. He
said the 12/30/97 Special Planning & Zoning meeting will encompass the text for
these restrictions and zone districts. Commissioners Garton, Hunt, Buettow,
Mooney and Johnston stated they could attend a short meeting.
Steve Buettow said the Independence Square Meeting determined that parking
was inadequate by 4 times. He noted the group would meet again 12/17/97.
PUBLIC HEARING:
RESIDENTIAL MULTI -FAMILY (R/M/F) CODE AMENDMENT
Amy Guthrie, staff, presented review standards regarding the code amendment
from the Community Development Memo dated 12/16/97 that had been discussed
at a previous worksession. She explained this code amendment affects only the
multi -residential zone district and current landmarks in those areas are permitted
to build two free-standing structures instead of a duplex. She noted this
amendment would extend this possibility to all lots not just historic lots. Guthrie
stated the side yard requirements have been changed to 3' for the two detached
buildings on one lot. She said that currently landmarks could only take on this
possibility as a conditional use, while other lots in this zone district are allowed a
duplex. Guthrie said the change would allow landmarks the ability to build two
units as a permitted use instead of conditional use.
David Hoefer reminded the applicant to provide the notice of mailing, although
the proof of notice was provided from the newspaper.
Alice Davis, representative for the applicant, introduced, into the record, a map for
the R/M/F zone district showing the specific sites.
i
DRAFT
Roger Hunt questioned the side yard set back change. Guthrie replied the side
yard set back, as approved by the fire marshall, would be changed from five feet
(5') to, three feet (3'). She noted this was compatible with the historic structures in
town. Hunt stated concern for the decrease in space between buildings. He asked
how the size of the building would be constrained. Davis answered that duplex
FAR would be followed in that case. Hunt asked about snow sloughing from the
roof in a 3' area and windows on that side of the house. Guthrie said that snow
shedding would still be required. Ron Kanan noted that avalanche clips could be
used and all would be to the building code. Hunt said the building code could not
be relied upon for enforcement. Garton stated the smaller buildings would be
preferable. Julie Ann Woods commented that a memo would go to the building
department regarding the change.
MOTION: Bob Blaich moved to recommend to City Council approval
for the proposed code amendments to the R/M/F zone district as
described in the staff memo of December 16, 1997. Marta Chaikovska
second. APPROVED 6-1 (Hunt opposed)
PUBLIC HEARING:
420 WEST FRANCIS - CONDITIONAL USE - ADU
Steve Buettow stepped down from this public hearing. David Hoefer stated for
the record an affidavit of notice had been provided and met jurisdictional
requirements. Amy Guthrie explained the applicant requested conditional use for
an ADU on a historical 6,000 square foot lot in the west end. She noted a
Victorian era house and a more recent out -building which includes the ADU (built
prior to the ADU regulations). She said the applicant requested from HPC the
retention of the unit and add a one stall garage to the building. Guthrie stated
Parks had concerns about some large trees.
Guthrie commented the applicant reworked the approach to demolish and retain a
small portion of the existing building and reconstruct with a two stall garage on
the ground level and a 500 square foot ADU on the top level. She said HPC will
review (12/17/97)for the architecture and variance (on the rear lot line due to tree
constraints). She noted the FAR allowed this construction. Guthrie noted the unit
was reviewed by Housing and stated the usual conditions. She recommended
approval with the conditions 1-6 as outlined in the memo on pages 4 & 5.
2
6 'Ovil
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager 00/
THRU: Stan Clauson, Community Development Director W
Julie Ann Woods, Deputy Planning Director !
FROM: Amy Guthrie, Historic Preservation Officer
RE: RMF zone district, text amendment, Second Reading of Ordinance #2,
Series of 1998
DATE: February 23, 1998
SUMMARY: The applicant proposes an amendment to Section 26.28.090 of the
Municipal Code. This section pertains to the "RMF, Residential Multi -Family" zone
district.
Currently the zone district allows a duplex to be built on a minimum lot size of 6,000
square feet. For historic landmarks the duplex may be broken down into two freestanding
units. This application would allow all parcels of at least 6,000 square feet in the RMF
zone district to do the same. It is estimated that approximately 8 properties in the zone
district that are currently underbuilt may make use of this code amendment. The
applicant has proposed a reduction of required minimum and combined sideyard setbacks
and distance between buildings to allow more flexibility in the design of the structures.
Staff has provided an analysis of the appropriateness of the amendment, and particularly
the change to dimensional requirements below. Approval of the proposed code
amendment, with a reduction of the minimum distance required between buildings, but
not the sideyard setbacks is recommended.
Staff proposes one additional change to the application. Since a duplex is a permitted use
in the zone district, it does not seem appropriate to require two detached units to be
reviewed as a conditional use. This extra process might be a disincentive to an
amendment which staff sees as having a positive effect on residential development.
APPLICANT: Ron Kanan, represented by Alice Davis.
PREVIOUS REVIEWS: The Planning and Zoning Commission reviewed the
application on December 16, 1997, and recommended approval by a vote of 6-1.
City Council passed the Ordinance on first reading on January 26, 1998 by a vote of 5-0.
Exhibit A
RESPONSE TO POINTS RAISED BY CITY COUNCIL:
Following is the staff response to comments and concerns raised by Council at the
January 26th meeting.
1. Some aspects of the existing "RMF zone district" code language were identified
as confusing. Staff has responded by including amendments to the language to clarify
that, just as for a duplex, either one of the new units must be deed restricted as affordable
housing or both units must provide an ADU. Under Section 26.28.090.D the numbers.
shown have been clarified to be the minimum lot size per dwelling unit. Please note that
ADU's are not considered units of density and are therefore not included in the minimum
lot size per dwelling unit calculations.
2. In regard to the FAR allowed for the two detached units, it is exactly the same
FAR which would be permitted for a duplex. Although the idea of the code amendment
is to give the units the appearance of each being on a 3,000 square foot lot, the historic
townsite lot size, no additional FAR is received.
3. The applicant has requested a reduction in the minimum and combined sideyard
setback requirements from 5 feet on each sideyard to 3 feet on each sideyard, and also a
reduction in the distance between buildings from 10 feet to 6 feet. The applicant may be
willing to withdraw the reduction of sideyard setback requirements, but feels strongly that
the distance between buildings must be reduced to give some flexibility to the footprint of
the two structures. Slides will be shown at the meeting to support this idea, and drawings
are attached as Exhibit D. The impact of a reduced distance between buildings would be
internal to the two units, and would not affect adjacent properties. It has been determined
that the Building Department and Fire Department are comfortable with allowing 6 feet
between these structures. Existing regulations to prevent snow from shedding onto
adjacent properties will apply.
Because Aspen's houses were historically on 3,000 square foot lots, there is precedence
for a smaller sideyard setback and distance between buildings. It was discussed at the
previous meeting that Telluride only requires a 3 foot sideyard setback and further
research has shown that is the case, no matter what size the lot.
In making a decision on the issue of the setbacks, Council may consider the following
options:
a. Allow the minimum and combined sideyard setbacks and distance between
buildings to be reduced by right as requested.
b. Allow the minimum and combined sideyard setbacks and distance between
buildings to be reduced with approval by the Design Review Appeal Committee (who are
only currently charged with review of appeals to the Residential Design Standards.)
2
C. Do not allow the sideyard setback requirements to be reduced, but allow the
distance between buildings to be reduced by right.
d. Do not allow either of the dimensional requirements to be reduced.
Staff recommends Option C, which gives some flexibility to the design without a
significant impact on adjacent sites. Option A may give the property undue special
advantage at the expense of a neighbor. Option B, a full design review may be too much
of a disincentive to make the code amendment worthwhile, as may Option D.
4. It was asked whether or not this code amendment should apply to other zone
districts. In the R-6, R-15, and R-15A zone districts, two detached units are allowed for
historic landmarks on smaller lots than normally required. For instance in the R-6 zone
district, two detached units on a landmark parcel can be built on a 6,000 square foot lot,
whereas a non -landmark lot requires 9,000 square feet for two detached units or a duplex.
Staff does not recommend a code amendment to reduce the lot size for a duplex or two
detached units for non -landmark parcels in these zone districts.
5. Council asked whether the code amendment takes away from an incentive that is
currently available only to landmarks. In the case of the RMF zone district, landmarks
and non -landmarks only currently require 6,000 square feet for a duplex. While being
able to break the duplex down into two detached units may be an incentive for historic
landmarks, staff also views it as very positive for a neighborhood and streetscape and
does not feel that extending this option to non -landmarks dilutes the incentive for
landmark properties.
REVIEW STANDARDS AND STAFF COMMENTS: Following is Section
26.28.090, the "Residential Multi -Family" zone district. Language which is proposed to
be eliminated is shown as struck out. Proposed new language is underlined:
"26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
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duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7, Two detached residential dwellings on a lot with a minimum of 6.000
square feet, of which one unit shall be restricted as affordable housing to the middle
income price and occupancy guidelines. The affordable housing unit shall comprise a
minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit shall be provided for each unit.
C. 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 Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and breakfast; and
boardinghouse.; and twe detaehed residential dwellings on a !at with a miniffitifn area f
6,000 square feet.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings en a lot whieh eantnin
hiss r-ie landv,,a :3,000
For multi -family dwellings on -4 lot between 6,000 and 9,000 square feet,
the following minimum lot area per dwelling unit(square feet) -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 1,000
square feet of lot area.
For multi -family dwellings on a lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feetfeet).requirements apply:
Studio: I X0
2
I bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square fea smote —feet requirements
apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms
One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit square feet) sq eet requirements
apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4,500 5
10 feet.
4,500--6,000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
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6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10, except for two
detached buildings on one lot for which the minimum distance between buildinas shall be
6 feet.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9.000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
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DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
betwewhich is 6,000 square feet or greater shall not
exceed the floor area allowed for one duplex.
Multi -family: 1:1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
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Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
The review standards for evaluating the proposed amendment, per Section
26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages residential design which is in character with
Aspen's traditional neighborhoods. This proposal accomplishes that by offering an
alternative to the traditional duplex form which creates smaller freestanding buildings,
more in keeping with Aspen's older homes.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment does not increase density or allow any new land
uses. It addresses building mass.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The Aspen Sanitation District requests that the developments which result
from this code amendment be required to enter into a "shared service agreement," since
the two units will share a common service line although the units may be separately
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owned. Other services are not expected to have a change in demands as a part of this
amendment.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment will not create impacts in addition to those created by the
uses which are currently allowed.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Staff finds the amendment to be consistent with the community character
in that it offers an opportunity to create smaller homes which appear to be on a 3,000
square foot lot, which is the historic lot size in Aspen. It also offers an opportunity for
more variety and creativity in new development.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The RMF zone district, which is mostly located in the East End
neighborhood, has seen rapid changes from new development in the past 5 years, much of
it out of scale with the traditional buildings in that area. This amendment addresses that
issue and provides an opportunity for a better solution.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment is consistent with the public interest.
STAFF RECOMMENDATION: Staff recommends that City Council adopt
Ordinance 42, Series of 1998.
RECOMMENDED MOTION: "I move to move to adopt Ordinance #2, Series of
1998."
Exhibits:
Ordinance #2, Series of 1998.
A. Staff memo dated January 26, 1998.
B. Application.
C. Minutes of the Planning and Zoning Commission, December 16, 1997.
D. Illustrations of potential building footprints.
9
i
/IL)a• n,
vis Horn.
PLANNING & REAL ESTATE CONSULTING
October 28, 1997
Mitch Haas
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Proposed Text Amendment for the R/MF Zone District
Dear Mitch:
As we have discussed on several occasions, Davis Horn Incorporated
is working on behalf of Ron Kanan to have a text amendment to the
City of Aspen Land Use Regulations processed. The text amendment
is to allow two detached residences on one lot in the R/MF zone
district. Such use is currently allowed on historically designated
lots within all residential zones. in the City. This amendment will
therefore, closely follow the use allowed for historic properties,
but expands it to lots with 6,000 square feet or more which are in
the R/MF zone district.
Originally I indicated that Davis Horn Inc. would be submitting
this proposed text amendment along with a submission requesting
approval for two residences on one lot at 123 East Hyman Avenue
owned by the applicant, Ron Kanan. However, due to the detail,
time and money required for a specific development application,
Kanan has decided to postpone submission of his application until
we have feedback on the proposed text amendment. If the Planning
Office, Planning Commission and City Council appear to be
supportive of the text amendment, then we will submit a request for
such a project on Kanan's property.
Therefore, the following is an application for a proposed amendment
to the text of the Land Use Regulations for the City of Aspen
pursuant to Section 26.92, Amendments to the Land Use Regulations
and official Zone District Map. The amendment proposed seeks to
amend the following two items under Section 26.28.090 R/MF
Residential Multi -Family Zone District:
1) The conditional uses allowed in the R/MF zone district to
include two detached dwellings on a lot with a minimum area of
6,000 square feet;
2) Dimensional requirements in the R/MF zone district: minimum
lot area per dwelling unit, minimum side yard, minimum
distance between buildings on the lot and allowable floor
area.
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
Exhibit B
Pre -Application Conference
A pre -application conference was held August 14, 1997 with Mitch
Haas and Bob Nevins of the Planning Office. Prior to the pre -
application conference, a meeting on the proposal was held with Bob
Nevins and Stan Clausen. As only the text amendment is now being
submitted for review, only the pertinent items on the pre -
application conference summary sheet have been considered. You
verified that this was acceptable. Please refer to the application
form in Attachment 4, the pre -application conference summary sheet
in Attachment #5 and the fee agreement in Attachment #6.
Minimum Submission Contents
The applicant for this text amendment is Ron Kanan of 194 Haystack
Lane, Snowmass Colorado 81654. Kanan's phone number is 379-0866.
Please see Attachment #3 for a letter authorizing Davis Horn
Incorporated to represent Mr. Kanan in the land use review process.
Although Mr. Kanan owns property at 123 East Hyman Avenue in the
R/MF zone district, no specific development is proposed at this
time. The text amendment will cover lots greater than 6,000 square
feet in the Residential Multi -Family zone district (R/MF).
Therefore, the submission requirements with regard to specific
ownership are not applicable.
Specific Submission Contents
Section 26.92.040 of the Land Use Regulations entitled
"Application" requires the specific wording of a proposed text
amendment to be submitted with a development application for an
amendment to the text of the Land Use Regulations. Such specific
wording is given in Attachments #1 and #2. For the sake of
clarity, Attachment #1 shows the existing Code language with the
changes specified which are necessary to accommodate the proposed
expanded conditional use in the R/MF zone district. Strikeouts
indicate where language has been omitted and bolding indicates
where new language has been added. Attachment #2 shows the
Regulation as it would exist if the proposed amendments were
adopted. Sections with changes have been bolded.
No amendments to the Official Zone District Map are proposed.
Public Hearing Notice Requirements
A text amendment application requires a public hearing at both the
Planning Commission and the City Council. Both hearings must be
noticed through a publication in a paper of general circulation in
the City of Aspen and must be done at least 15 days prior to the
hearing. It is our understanding that the legal notice will be
written and published within the appropriate deadline by the
Planning Office.
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Applicable Review Standards
Section 26.92.020 gives the nine standards of review (A through I)
for evaluating text amendments. Each standard is listed below,
then addressed as it relates to the proposed amendment regarding
two detached residential dwellings on one lot in the R/MF zone
District. In reviewing the proposed amendment, the City Council and
the Commission must consider the following standards:
A. Is the proposed amendment in conflict with any applicable
portions of this title? No. As two homes on one lot is
already allowed in the zone, the proposed amendment only
expands the allowed conditional use to all lots 6,000 square
feet and greater in the R/MF zone district.
B. whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan? This proposal seeks to
create more variety in the size, density and diversity of
development in Aspen which is part of the Community Vision in
the Aspen Area Community Plan (AACP - See page 5 of AACP.)
Historically, single family residential lots were 30 x 100 or
3,000 square feet. Allowing two small homes on one 6,000
square foot lot is reflective of the small miner's cottages
historically found in Aspen. It allows compatibility with
this historic use while not increasing the density or scale of
the immediate neighborhood or zone district. (See page 7 of
AACP.)
It is stated in the purpose of the R/MF zone, that lands in
the zone are typically the original townsite lots, within
walking distance of the City, on transit routes and are lands
with concentrations of attached and detached residential
dwellings. Development and more often redevelopment of these
lands with two smaller homes furthers the purpose and
historical scale of the zone.
The diversity of opinions about Aspen is one of its greatest
traditions. (See page 9 of AACP.) Allowing another development
option (two homes on one lot) with no additional impacts
allows this diversity of opinions to flourish. It allows a
greater variety in what can be built and contributes to the
character and vitality of Aspen.
Growth, transportation, affordable housing, commercial/retail
and open space/recreation elements of the AACP are not
impacted by the proposed amendment. The Design Quality and
Historic Preservation of the AACP certainly support the
amendment. Two small homes on one lot should enhance the
special character of Aspen, the historic district in Aspen and
should help to ensure the maintenance of character. (See pages
54 and 55 of the AACP.)
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C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use
and neighborhood characteristics? Nearby existing uses are
residential and the proposed amendment should enhance overall
neighborhood appeal by reducing the scale and magnitude that
typically comes with new development or redevelopment in the
R/MF zone district. The proposed amendment will allow two
homes on one lot, but it will not increase density. It may
decrease density by allowing an alternative to multi -family
development in the R/MF zone. As homes on 3,000 square foot
lots were historically most common, the amendment will be
quite compatible with surrounding zone districts and land
uses.
D. The effect of the proposed amendment on traffic generation and
road safety. There should be no impact on traffic generation
and road safety as a result of the proposed amendment.
Alternative uses already allowed include a duplex which would
have similar impacts and a multi -family use which would
generate a larger structure, more residents and more traffic.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the
extent to which the proposed amendment would exceed the
capacity of such public facilities including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools and emergency medical facilities.
None of the above facilities will be impacted. In fact, the
choice to develop two homes on one site instead of pursuing
multi -family development in the R/MF zone district may reduce
the demand for these services.
F. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural
environment. There should be no significant impacts on the
natural environment. The amendment only provides another
option in -.ow a parcel can be developed. By reducing the
scale, mass and size of developments, less impact may occur.
Two separate homes may be designed so that no more energy
resources are used than would be necessary for a larger duplex
which is now allowed in this zone district.. This option is a
more energy efficient development that a multi -family use
would be.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen. As
mentioned previously, allowing two homes on one lot will in no
way be inconsistent or incompatible with community character.
It should, in fact, enhance character by the smaller, more
historical scale and character of the resulting development.
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H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment. We believe that the development of
large duplex and townhome projects within the residential zone
districts in Aspen have begun to erode away at the historic
design, appeal, scale and overall character of Aspen. This
text amendment should create a greater variety of potential
designs and more interesting designs where the mass and scale
are more broken up and varied than would occur in one larger
duplex or multi -family structure. It is more indicative of
the small miner's cottages originally found in Aspen prior to
the more recent era where builders try to maximize square
footages.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent
of this title. The amendment will not be in conflict with the
public interest, but should be quite valuable and beneficial
to the public interest, all in harmony with the purpose and
intent of the Land Use Regulations.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur. This limited
application of the proposed use in the R/MF zone district,
along with similar projects developing on historically
designated lots where the use is already allowed, will provide
a good testing ground for the City to determine if this use is
valuable and beneficial to the City of Aspen. There do not
appear to be any negative remifications to trying the use as
a conditional use allowed in the R/MF zone district. At this
time there has been very limited application of this use
through developments on historically landmarks.
Dimensional Requirements
In addition to the new, proposed conditional use in the R/MF
zone district, applicable dimensional requirements must be
amended as well. The proposed minimum lot area per dwelling
unit is 6,000 square feet and the proposed minimum size for
each side yard is 5 feet, the same as currently exists for two
detached residential dwellings allowed for historic landmarks.
The total of both side yards is proposed to be 10 feet, the
same as for multi -family dwellings. No side yard total
requirement is specified for historic landmarks.
As proposed, the floor area allowed for two residential
dwellings on one lot is the same as that allowed for a duplex,
3600 square feet total or 1,800 square feet each for a 6,000
square foot lot. This is less than the floor area that would
be allowed for two residences if the sliding scale is applied
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to two 3,000 square foot lots, 4,800 square feet total or
2,400 square feet each for a 6,000 square foot lot.
The minimum distance between buildings requirement is now 10
feet. We have left that requirement the same for all uses
except for two detached residential dwellings. We are
proposing a minimum distance of 6 feet between buildings for
two detached residential dwellings on one lot. We have had
discussions with Stephen Kanipe, Chief Building Official and
Ed Van Walraven, the Fire Marshall. Both have stated that the
purpose and the intent of the distance (safety and access
issues) are still met with a 6 foot requirement. As a
conditional use, the City still has the right to review
specific development applications to make sure everyone is
comfortable with the resulting design. We have asked for 6
instead of 10 feet as we believe it allows for a better design
for two detached structures. Given a 6,000 square foot lot is
60 feet wide and subtracting two 5 foot side yard setbacks,
there is 50 feet left. Since all safety and access issues are
met with a 6 foot requirement, each structure can be 22 feet
wide instead of only 20 feet wide. Please refer the
Attachment #7, a sample footprint for a 6,000 square foot lot
with two detached residential dwellings.
summary
Allowing two single family homes on a 6,000 square foot lot in
the R/MF zone will encourage the development of two smaller
homes as opposed to one large, more massive home. One home on
a 6,000 square foot lot in the R/MF zone can be 3,240 square
feet, a duplex can be 3,600 square feet and a multi -family
structure can be 6,000 square feet or 6,600 square feet if
deed restricted housing is provided. With two homes on one
6,000 square foot lot, the two can each be 1,800 square feet,
3,600 square feet total, the same floor area allowed for a
duplex. If there were two 3,000 square foot, separately
developable lots, 2,400 square feet of floor area could be
built in each home (4,800 square feet total) but this text
amendment limits the total size of the two homes on one lot to
3,600 square feet.
Having analyzed the redevelopment of his 6,000 square foot
property at 123 East Hyman Avenue in the R/MF zone district,
Ron Kanan believes the best option for the most attractive,
desirable design is two small single family homes, detached
from each other but on the same lot, as opposed to a duplex or
two homes attached by a garage.
We believe that two homes on one
a more interesting design where
broken up and varied than in
existing Land Use Regulations
C=
site will most often create
the mass and scale is more
one larger structure. The
require the two units in a
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duplex to share a common wall that is no less than 20% of that
total wall. Many disjointed designs have been created to meet
this criteria while two separate single family homes should
create a more natural and pleasing design of a smaller scale.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur.
The following attachments are included with this application:
Attachment #1: Proposed Text Amendment - Existing language
reflecting proposed changes (deletions and
additions);
Attachment #2: Proposed Amendment - New regulation as it would
exist if amendment is approved (to provide clarity
and eliminate confusion);
Attachment #3: Letter frcm Ron Kanan authorizing Davis Horn Inc.
to submit this application and to represent him in
the land use review process;
Attachment #4: Land use application form;
Attachment #5 Pre -application conference summary sheet;
Attachment #6: Signed agreement for payment of City of Aspen
development application fees; and
Attachment #7: Sample footprint for two detached dwellings on one
6,000 square foot lot.
Thank you for your assistance with this application. Please call
if you have any questions or if we have neglected to address any of
your concerns.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS AICP
7
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0
Attachment #1
PROPOSED CITY OF ASPEN LAND USE TEXT AMENDMENTS FOR
SECTION 26.28.090
(Strikeouts indicate portions to be omitted and bold indicates
portions to be added by the proposed amendment.)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark,, bed
and breakfast —,and boardinghouse p and twe detae e
residential dwellings en a letwitha—siriiriziruzi�ef--6, GG8
`'qi.t' care —feet..
C�
•
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet.
— 89. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lotwhi:eh
eel ins a iii s t erie landmari_ : 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p e r 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
ft of lot area.
•
•
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to detaehed residential single family
residences and duplex dwellings only (does not apply to
two detached residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
Minimum Size for
Each Side Yard (Feet)
A
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
6,000+ 5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
principal building: 10
accessory building: 5
7. Maximum height (feet): 25
CJ
0
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot between 6,000 square feet or greater eentaining an
histerieal ' andma i shall not exceed the floor area allowed for one
duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
Attachment #2
CITY OF ASPEN LAND USE REGULATIONS: SECTION 26.28.090
ASSUMING AMENDMENT IS ADOPTED
(Areas where changes were made are in bold)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitorv.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and
breakfast and boardinghouse;
S. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet;
9. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size: 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lot: 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p r e 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
feet of lot
area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to single family residences and duplex
dwellings only (does not apply to two detached
residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
6,000+
Minimum Size for
Each Side Yard (Feet)
5
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
•
C�
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet cf
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
0
•
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot 6,000 square feet or greater shall not exceed the floor
area allowed for one duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
RON KANAN
194 Haystack Lane
Snowmass, Colorado 81654
379-0866
Mitch Haas
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Aspen Land Use Regulations - Proposed Amendment
Authorization to represent
Dear Mitch:
Davis Horn Inc. with Alice Davis as the project manager, has been
authorized to represent me in the land use review for the
processing of a proposed amendment to the Aspen Land Use
Regulations. We hope to have an amendment to the R/MF zone
district approved so that two detached residential dwellings will
be allowed on one lot with a minimum size of 6,000 square feet.
Davis Horn Inc. is located at 215 South Monarch Street Suite 104,
Aspen, Colorado 81611. Their phone number is 925-6587.
Please call Alice Davis if you have any questions or concerns. I
am available for questions as well.
Thank you for you help.
Sincerely,
✓ ���i�Fi�L
RON KANAN
194 Haystack Lane
Snowmass, CO. 81654
379-0866
LAND USE A==Ct4 FICi3
1) ;ems Name
�2- zone Di sfri art- ��� �m�nd rrrPit�-
2) Prmject Location R-mP zrn Q i s(ri C+
(ir�icite z=eet add_- , lot & block r =ber, legal des= --Pt. cn wtvare
apnr=riate)
3) ?--�. ;onus R m F
4) rct Si: e (OOCOS5 ---92°a'er
5) AppL:.csntIs Name, Address & Pie k I V-anan
l qq Lane Snoc,-mra 5, s + CO . $ l( S Y
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r 5 L-ay15 flDm an,
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7) '-Y� of Appliciticn (please dIe k all that apply)
C=xdi.*.icnaT Ilse sal SPA zal His'....cric Dev.
Special Review Final SPA F'ira? His'..er�-c Dev.
3040 Greeciline Cmcept3-nI MD DL-r.
S=--an Yzrgin Fiscal PCD Demla ; cam,
Viers Plane Subdivisicn H-istcric Desigraticn
C-nd xm i •u= --aim _�L Te�/Map AmeL� �� Allot:,--nt
Lzt SDL- t/ -zt Line
Ad-,usl=mest
of ems`. irq Uses (ram and type of md�tng
a=r= ^late sq_ :t- ; nmber- of bect-oams: any nous ap-c='-dI5 granted to the
• �c�- a,�pf i cct b��
. , .
i11 ose i
a ll c axd -for A i s*ek- Ia.n -fl'a
10) Have you at-t-ad-iej the following?
Resperse to Attachment 2, Mininx= �s----I n Contents
✓ Response to Attad=ent 3, Specific Sub iSian Contents
_ /� Response to Attachment 4, Review Standz =' for Your Applicztion
• CITY OF ASPEN*
PLANNER:
PROJECT:
REPRESENTATIVE:
f
PRE -APPLICATION CONFERENCE SUMMARY
Mitch Haas, 920-5095
DATE: 8/ 14/97
123 East Hyman Code Amendment, Conditional Use Reviews, and Residential
Design Standards Review (Special Review possible as well)
Alice Davis, Davis -Horn Inc. -- 925-6587
215 S. Monarch Ave.; Aspen, CO 81611 -
TYPE OF APPLICATION: Code Amendment, Conditional Use Reviews and Residential Design Review
(Special Review possible as well)
DESCRIPTION: Applicant would like to amend the code allow, as a conditional use in the R-MF
Zone District, two (2) detached single family dwelling units on one lot (a detached
duplex, in effect); next the applicant would request conditional use approval for one
or two ADUs as well as for the ability to construct a detached duplex on the lot in
question (provided the requested code amendment gets approved); the proposal
would be subject to review under the Residential Design Standards; and, if the
applicant seeks to vary the on-site/off-street parking requirements for the fee
market units, Special Review approval would be required. The property in question
is located at 123 E. Hyman Avenue and contains 6000 square feet. There is an
existing residence that would be demolished an replaced.
Land Use Code Section(s)
Chapter 26.92, Amendments to the Land Use Regulations and Official Zone District Map;
Chapter 26.60, Conditional Uses;
Section 26.40.090, Accessory Dwelling Units;
Section 26.28.090, Residential Multi -Family (R/MF);
Section 26.58.040, Residential Design Standards;
Section 26.100.050(A)(2)(c), GMQS Exemptions for Detached Single -Family or Duplex Dwelling Units; and,
if needed, Section 26.64.040(B), Review Standards for Special Review --- Off -Street Parking Requirements.
The following Sections of the Code are also applicable:
Chapter 26.44, Park Development Impact Fee;
Section 26.88.070, Condominiumization, and with Condominiumization (Subdivision) comes Section
26.88.040(C)(6), School Land Dedication Standards;
Section 26.100.070, Minimum Development Standards; and,
Section 26.52.030, Application and Fees.
Review by: City of Aspen Planning and Zoning Commission and the City Council. The rezoning
requires public hearings before both the P&Z Commission and the City Council.
Public Hearing: Yes, for the code amendments and conditional uses, and the notice requirements outlined
in Chapter 26.52 will have to be followed. No, for special review.
Referral Agencies: Engineer, Housing, Parks, Environmental Heap Zoning, Fire Marshal, Water,
ACSD, Building, Electric, City Attorney's Office, and Streets.
Planning Fees: Planning Deposit Major ($2160)
Referral Agency Fees: Engineering, Major ($270); Housing, Major ($165); Environmental Health,
Major ($310)
Total Deposit: $2,905.00 (beyond the 12 "base" hours covered by the deposit, additional hours are billed
at a rate of $ 180/hour). 1 o(xr147 per A04ch Flacts : d Z 140 + !G eCP45
for tfct *mtndx t+ only.
To apply, submit the following information: (Also see Section 26.52.030, Application and Fees)
1. Proof of ownership
2. Signed fee agreement
3. Appiicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which 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.
5. Total deposit for review of the application
6. 30 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZr-5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2
7. An 8 '/" by I I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the
state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development
Department if the protect is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with the review standards relevant to the development application.
Please include and clearly indicate existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1 "=50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their
setback from the street in feet. Identify parking and front entry for each building and locate any
accessory dwelling units along the alley. Indicate whether any portions of the houses
immediately adjacent to the subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show
topography of the subject site with 2' contours.
c) All building elevations at 1/8" = 1'-0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation
board.
11. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights -of -
way, for public hearings.
12. Copies of prior approvals.
13. All other materials require*suant to the submittal requirements $0-kets.
Detailed requirements, in addition to those mentioned above:
Site plan drawings of the development, at a scale of either one (1") inch equals twenty (20') feet or one (1")
inch equals thirty (30') feet, composed of one or more sheets with an outer dimension of twenty-four by
thirty-six (24" x 36") inches, showing the following information:
1. Title by which the proposed development is to be referred.
2. Scale (graphic and written), north point, and date of preparation.
3. Location of municipal boundaries at or near the development.
4. Parcel size in gross and net acres and square feet.
5. Total number, type, and density per type of dwelling units.
6. Total bedrooms per each dwelling unit type.
7. Residential density (gross and net).
8. Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by building.
9. Proposed coverage of buildings and structures, including the following:
a. Percentage and square footage of building coverage.
b. Percentage and square footage of driveway and parking.
c. Percentage and square footage of public street right-of-way.
d. Percentage and square footage of open space and/or landscaped area.
e. Percentage and square footage of open space meeting the City's definition (with a graphic
representation of "open space to view" calculations).
10. Number and location of off-street parking, including guest, handicapped, bicycle and motorcycle parking
including typical dimensions of each.
11. Lot lines, easements, public right -of ways as per subdivision plat.
12. Exact location of all buildings and structures and building envelopes dimensioned on at least two (2) sides
to the nearest platted property line.
13. Location of temporary model homes, sales office, and/or construction facilities, including temporary signs
and parking areas (as applicable).
14. Topographic contours at two (2') foot intervals.
15. Location, species and size of existing plant materials.
16. Location and floor area of existing and proposed buildings, with proposed setbacks indicated.
17. Location of existing and proposed pedestrian circulation system including its interrelationships with the
vehicular circulation system indicating the proposed treatment of points of conflict.
18. Maximum building height of all structures.
19. Existing zoning and minimum required setbacks (front, sides, rear).
20. Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of
the area and uses within one hundred fifty (150') feet of the proposal, exclusive of public right-of-way, at
the same scale as the proposal and including the following:
a. Land uses and location of principal structures.
b. Densities of residential uses.
c. Existing trees and major features of landscape.
d. Topographic contours at two (2') foot intervals.
e. Traffic circulation system.
21. Vicinity map of the area surrounding the site within a distance of at least one-half (1/2) mile, showing:
a. Zoning districts.
b. Location of existing municipal boundary lines.
c. Traffic circulation systems.
d. Major public facilities (schools, parks, etc.)
22. Owner's certification ofceptance of conditions and restrictionsasset forth on the site plan (unsigned
until review process is completed; to be signed prior to recordation).
23. Statement of variances to City design criteria and standards.
24. Certification by an attorney licensed to practice law in the State of Colorado that the "owners and
proprietors" as defined in Section 29-526 31-23-111, C.R.S., have executed and acknowledged the plat in
accordance with Section 29-526 31-23-104, C.R.S.
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact N itch
Haas of the Community Development Department at 920-5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are
based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not, in any way, create a legal or vested
right.
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ASPEN/PAL CONVYIUNITY DEVELOPMEAEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and kon Karon
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for a -tr rf affwd yrr -
-tD �Ot U5e �iCn5 (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for'land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enabie the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of S 21(0 C which is for 1 Z hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
Signature:
Stan auso Date: l0 Z
Community Development Director Printed Name: kcmr ;�arw
City of Aspen Mailing Address: l q �(0.0 ?fauC Ln .
Snnr�maSs CO_ SlGS`f
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Sara Garton, Chair, called the regular Aspen Planning & Zoning meeting to order at 4:30 "
Bob Blaich, Steve Buettow, Marta Chaikovska, Roger Hunt, Tim Mooney, Jasmine Tygre
and Dave Johnston present. Other Staff present were David Hoefer, Assistant City Attorne,
Chris Bendon, Stan Clauson, Amy Guthrie and Julie Ann Woods, Community Developmer
Department.
Bob Blaich distributed an article from the 12/6/97 Economist.
Stan Clauson stated that regulating department stores by limiting the square feet
was a way of making a code change by resolution from planning & zoning. He
said the 12/30/97 Special Planning & Zoning meeting will encompass the text for
these restrictions and zone districts. Commissioners Garton, Hunt, Buettow,
Mooney and Johnston stated they could attend a short meeting.
Steve Buettow said the Independence Square Meeting determined that parking
was inadequate by 4 times. He noted the group would meet again 12/17/97.
PUBLIC HEARING:
-� � _ �_ u t 1_ _ ►�11_ _ 1. �► /l�K� � :.►� _ ►l��i � N
Amy Guthrie, staff, presented review standards regarding the code amendment
from the Community Development Memo dated 12/16/97 that had been discussed
at a previous worksession. She explained this code amendment affects only the
multi -residential zone district and current landmarks in those areas are permitted
to build two free-standing structures instead of a duplex. She noted this
amendment would extend this possibility to all lots not just historic lots. Guthrie
stated the side yard requirements have been changed to 3' for the two detached
buildings on one lot. She said that currently landmarks could only take on this
possibility as a conditional use, while other lots in this zone district are allowed a
duplex. Guthrie said the change would allow landmarks the ability to build two
units as a permitted use instead of conditional use.
David Hoefer reminded the applicant to provide the notice of mailing, although
the proof of notice was provided from the newspaper.
Alice Davis, representative for the applicant, introduced, into the record, a map for
the R/M/F zone district showing the specific sites.
Exhibit C
•
Roger Hunt questioned the side yard set back change. Guthrie replied the side
yard set back, as approved by the fire marshall, would be changed from five feet
(5') to three feet (3'). She noted this was compatible with the historic structures in
town. Hunt stated concern for the decrease in space between buildings. He asked
how the size of the building would be constrained. Davis answered that duplex
FAR would be followed in that case. Hunt asked about snow sloughing from the
roof in a 3' area and windows on that side of the house. Guthrie said that snow
shedding would still be required. Ron Kanan noted that avalanche clips could be
used and all would be to the building code. Hunt said the building code could not
be relied upon for enforcement. Garton stated the smaller buildings would be
preferable. Julie Ann Woods commented that a memo would go to the building
department regarding the change.
MOTION: Bob Blaich moved to recommend to City Council approval
for the proposed code amendments to the R/MIF zone district as
described in the staff memo of December 16, 1997. Marta Chaikovska
second. APPROVED 6-1 (Hunt opposed)
PUBLIC HEARING:
I I IS 15111:112DI-1
Steve Buettow stepped down from this public hearing. David Hoefer stated for
the record an affidavit of notice had been provided and met jurisdictional
requirements. Amy Guthrie explained the applicant requested conditional use for
an ADU on a historical 6,000 square foot lot in the west end. She noted a
Victorian era house and a more recent out -building which includes the ADU (built
prior to the ADU regulations) were located on the property. She said the applicant
requested from HPC the retention of the unit and to add a one stall garage to the
building. Guthrie stated Parks had concerns about some large trees.
Guthrie commented the applicant reworked the approach to demolish and retain a
small portion of the existing building and reconstruct with a two stall garage on
the ground level and a 500 square foot ADU on the top level. She said HPC will
review (12/ 17/97) for the architecture and a variance (on the rear lot line due to
tree constraints). She noted the FAR allowed this construction. Guthrie said the
unit was reviewed by Housing and stated the usual conditions. She recommended
approval with the conditions 1-6 as outlined in the memo on pages 4 & 5.
2
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Exhibit D
0
ORDINANCE NO.2
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.28.090,
"RMF, RESIDENTIAL MULTI -FAMILY ZONE DISTRICT, TO ALLOW TWO
DETACHED UNITS WITH A MINIMUM LOT SIZE OF 6,000 SQUARE FEET.
WHEREAS, Section 26.92.030 of the Municipal Code provides that amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Planning Director did receive from Ron Kanan an application
for an amendment to the land use regulations, and reviewed and recommended for
approval, certain text amendments to Chapter 26 relating to Section 26.92.030; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed text
amendment on December 16, 1997 at which time the Planning and Zoning Commission
recommended approval to City Council by a vote of 6-1; and
WHEREAS, the City Council finds that the text amendment as proposed is
consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 26.92.030, "RMF, Residential Multi -Family Zone District, is hereby
recommended to be amended to read as follows:
26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet, of which one unit shall be restricted as affordable housing to the middle
income price and occupancy guidelines. The affordable housing unit shall comprise a
minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit shall be provided for each unit.
C. 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 Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and breakfast; and
boardinghouse.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
0 •
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings: 3,000
For multi -family dwellings on a lot between 6,000 and 9,000 square feet,
the following minimum lot area per dwelling unit (square feet) 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 1,000
square feet of lot area.
For multi -family dwellings on a lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4,500 5
10 feet.
4,500--6,000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10, except for two
detached buildings on one lot for which the minimum distance between buildings shall be
6 feet.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
0 •
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
which is 6,000 square feet or greater shall not exceed the floor area allowed for one
duplex.
Multi -family: 1: 1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
Section 2:
This Ordinance shall not 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 provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 3:
If any section, subsection, sentence clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 4:
A public hearing on the Ordinance shall be held on the 23rd day of February,
1998 in the City Council chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the day of , 1998.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of .1998.
Approved as to form:
City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to content:
John Bennett, Mayor
RECEIVED
S-Vj�-10
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FEB 0 5 1998 j
��v\
CITY COUNCIL
ASPEN / rl I KIN
COMMUNITY DEVELOPMENT REGULAR MEETING
January 26, 1998 E
4 1998
` SPEN 1 N11 KIN
onsent ` % V�
OC MUNITY DEVELOPMENT
* Council wou ' e information on expenses to small businesses on
Trash finance. (D. Hoefer)
* Council would like more information on recycling. (D. Hoefer)
* Do some public outreach. (K. Strickland)
Child Care Trust Fund
*
Loans for those who don't qualify for a standard loan because debt to
equity payment is too high. Most banks have a requirement that
mortgages not be more than 35% of take home pay. This would
allow for 90% loans to purchasers of affordable housing.
Loans for 20% down payment which would avoid mortgage.
insurance needed.
Determine amount available for the loans given possibility that
tax is not renewed and the cash is needed to run the programs.
(Doug Smith & Virginia)
Dave Tolen to publicize via Housing Office.
Smuggler Area Traffic Plan
* Return to Council with final design of Roundabout - consider keeping
medians and reducing need for retaining wall.(Nick)
Consider street lights at crosswalks.
Don't put dual sidewalk on South St.
Lower priority on intersection near Mocklin.
Do sidewalks first: put Red Mountain Roundabout as a low
priority.
Approved with condition that staff circulate an attachment and
budget of exactly what we are doing - prior to Mayor signing
the Resolution.
RMF Text Amendment
* Clarify language that 2 detached units also have to provide ADU's.
(David H., Amy A.)
* . Clarify code language in Section "D."
* Consider at 2nd reading combining duplex and single family FAR so
duplexes are not grunted extra FAR. (Amy A) n/
* Clarify "distance between buildings is 6 fiet" need additional input
on why this will work. (Amy A.) J
* More discussions on if additional FAR with this proposal.
* Consider only allowing 3' setback betwen new buildings (internal to
the lot). Bring a few options to CC.
* Ask Planning Director of Telluride for a memo.
* Address issue of combined set backs.
cbd-01 /28/98-g Acouncil\JAN298. DOC
PUBLIC NOTICE
RE: RESIDENTIAL MULTI-FANULY (RMF) ZONE DISTRICT TEXT AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 23, 1998
at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City
Hall, 130 S. Galena St., Aspen, to consider a text amendment to the "RMF zone district" Section
26.28.090 of the Aspen Municipal Code proposed by Ron Kanan. For further information, contact
Amy Guthrie at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen,
CO (970) 920-5096.
s/John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on February 7, 1998
City of Aspen Account
ren Consol o�afeo�c�QI2lfQfloisfrrcf
565 North Mill Street
Aspen, Colorado 81611 .
Tele. (970) 925-3601 FAX #(970) 925-2537
Sy Kelly - Chairman
Paul Smith • Treas.
Louis Popish • Secy.
November 6, 1997
Amy Guthrie
Community Development
130 S. Galena St.
Aspen, CO 81611
Re: proposed text amendment for R/NIF zone district
Dear Amy:
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
RECEIVED
NOV 6 1997
r,-S FN / P!TKIN
GOMW-�41,11TY DEVELOPMENT
The proposed text amendment to the R/MI` zone district would effect our District in two separate
ways. Obviously the doubling of density will create a similar demand on our collection and
treatment systems. Larger homes probably do not create a proportionately, larger demand on our
system, most of the time, since they aren't fully utilized, whereas, two smaller units are more
likely to be fully utilized. Larger homes require us to reserve a proportionately larger amount of
capacity since we still have to have treatment and collection system capacity available for
potential use. The other impact involves how the units are connected to our system. Under our
regulations, the service line is the property and responsibility of the owner of the unit served. If
two single family residential units can be placed on a single lot and still allow room for individual
service connections to each unit, then service is straightforward. If a service line needs
maintenance or fails it is the owner's responsibility to correct the problem. When a single service
line is run to accommodate two units, which later fall into separate ownership, problems typically
arise. If we are aware that a single service is being considered, and there are separate owners for
the onset, then we require the completion of a shared service line agreement, which makes both
owners jointly and severally liable for the maintenance of the common line. Often times, two units
are built by one owner and one rented and then later sold. We do complete shared service
agreements with original owners and hope that any future purchasers are made aware of the
agreement. Maybe a plat note should be required where separate ownership is possible in the
future. Without a shared service agreement, we have had problems helping different owners, who
share a service line, to agree to participate in repairing problems. It can become very difficult.
Please call if you have any questions.
Sincerely,
Bruce Matherly v
District Manager
EPA Awards of Excellence
1976 • 1986 • 1990
Regional and National
CJ
u
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: Parks Department
Housing
Parks
Env Health
Zoning
Fire Marshall
Water
Sanitation District
Building
Electric
City Attorney
FROM: Amy Guthrie, Planner
Parcel ID No. 2735-124-71-003
DATE: November 5, 1997
Attached for your review and comments is an application submitted by Ron Kanan
Please return your comments to me no later than November 26, 1997.
Thank you.
47 d2
MEMO
To: Amy Guthrie, Planner
From: Ed Van Walraven, Fire Marshal
Subject: Proposed Text Amendment Parcel ID #2735-124-71-003
Date: November 25, 1997
Amy,
Conversations with Alice Davis did indeed take place (Page 6, "minimum distance between
buildings") and issues concerning access were discussed and agreed upon. Mention was also
made that since the distance between structures will be reduced, the installation of approved fire
sprinkler systems will be required. This measure will greatly reduce the risk of fire spread to
adjacent buildings by means of radiant heat.
If you have any questions or concerns please call.
Thank you
0 0
✓ bPi
•
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: Parks Department
Housing
Parks
Env Health
Zoning
Fire Marshall
Water
Sanitation District
Building
Electric
City Attorney
Streets
FROM: Amy Guthrie, Planner
[R-up
Parcel ID No. 2735-124-71-003
DATE: November 5, 1997
Attached for your review and comments is an application submitted by Ron Kanan
Please return your comments to me no later than November 26, 1997.
Thank you.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Directo
Julie Ann Woods, Deputy Planning Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Worksession- RMF Code amendment
DATE: December 2, 1997
SUMMARY: An application has been submitted to amend the RMF zone district. The
amendment will allow two detached (freestanding) dwelling units where a duplex is
currently allowed, on a lot of at least 6,000 square feet. This is an option that is available
now for historic landmarks, but is to be extended to all properties.
The applicant wishes to discuss the concept with the Commission to identify concerns or
further evaluation needed in preparation for the formal review.
Two historic landmark projects are currently under construction in the RMF zone district,
in the form of two detached units on a 6,000 square foot lot, which the Commission may
wish to visit. They are at 935 E. Hyman Avenue (the historic rock), and 918 E. Cooper
Avenue.
MEiGIORANDUM . •
To: Amy Guthrie, Community Development Department
From: tee Cassin, Environmental Health Department C
Date: .January 6,1998
Re: Kanan Land: Use Application - Text Amendment
Parcel ID # 2735424-71-003
The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal for the text amendment under
authority of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "it shall be unlawful for the owner or occupant of any huilding used for
residence or business purposes within the city to constructor reconstruct an on -site sewage disposal device."
The- proposed' text amendment could double the sewage flow from the affected lots in the city. We cannot comment on the
ACSD's-,ability to handle this increased flow. This text amendment would apply to lots that will be served by the ACSD,,
which conforms to .the requirement that such sites be served by this district instead of individual sewage disposal systems.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like. within the city
limits which use water shall be connected to the -municipal water utility system."
The text amendment will affect lots that obtain potable water from the City. of Aspen. system, which is consistent with
Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department will need to
determine if it can provide the increase in water that such an amendment would allow.
WATER QUALITY.IMPACTS: Section:11-1.3 "For the purpose -of maintaining and protecting its municipal water supply from injury and
pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and -
sources contributing to municipal, water supplies for a distance of five (5)•miles above the points from which municipal water supplies are diverted.'
Drainage plans to mitigate the water quality impacts from drive and parking areas are evaluated by the City Engineer, and he- .
would best be able to assess the drainage impacts of this text amendment. It may be that the additional pavement and roof .
areas allowed by this amendment would not be large:
AIR QUALM.:.' Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of
air purity possible by requiring the use of all available practical methods and'techniques to control, prevent -and reduce air pollution throughout the
city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well'as to ".provide clean air by
protecting the natural air sheds and reducing pollutants".
The major air quality impact from the text amendment would be the emissions from -the traffic generated ' by two homes,
instead of one or a duplex, on such lots. PM-10 (83% of which comes from traffic driving .on paved roads) is a significant
health concern in Aspen. Whether the effect of this text amendment would be significant depends on the number of affected
lots. It would appear that this change might not have as great an impact as many other changes in use of existing commercial
properties, or other growth -generating developments. An offsetting factor is the potential reduced trip. length allowed by
more dense development close to downtown, compared to having those homes located farther away in Pitkin,County.
Another - minor impact of this text amendment will be an increase in . the number of gas log fireplaces and certified
woodstoves. These devices are limited PER BUILDING, so doubling the number of buildings could double the number of
these,devices. However, since -very few woodstoves are installed, and gas log fireplaces do not produce particulate emissions
unless they are used illegallywith wood; the potential to harm air quality seems small.
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MEMORANDUM
TO: Planning and Zoning Commission
THRU: Stan Clauson, Community Development Directo
Julie Ann Woods, Deputy Planning Director ,
FROM: Amy Guthrie, Historic Preservation Officer
RE: RMF zone district, text amendment, PUBLIC HEARING
DATE: December 16, 1997
SUMMARY: The applicant proposes an amendment to Section 26.28.090 of the
Municipal Code. This section pertains to the "RMF, Residential Multi -Family" zone
district.
Currently the zone district allows a duplex to be built on a minimum lot size of 6,000
square feet. For historic landmarks the duplex may be broken down into two freestanding
units. This application would allow all parcels of at least 6,000 square feet in the RMF
zone district to do the same.
Staff has proposed one change to the application. Since a duplex is a permitted use, it
does not seem appropriate to require two detached units to be reviewed as a conditional
use. This extra process might be a disincentive to an amendment which staff sees as
having a positive effect on residential development.
APPLICANT: Ron Kanan, represented by Alice Davis.
REVIEW STANDARDS AND STAFF COMMENTS: Following is Section
26.28.090, the "Residential Multi -Family" zone district. Language which is proposed to
be eliminated is shown as struck out. Proposed new language is underlined:
"26.28.090 Residential Multi -Family (R/MF).
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district.
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1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet.
C. 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 Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark; bed and breakfast: and
boardinghouse. and tNve detaehed residential dwellings en ., lot with ., minimum o f
6,000 squue feet.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on eeontains
3,000
For multi -family dwellings on lot between 6,000 and 9,000 square feet, the
following 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 1,000
square feet of lot area.
For multi -family dwellings on lot of more than 9,000 square feet, the
following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only*:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--4,500 5 10 feet.
4,500--6,000 5 10 feet, plus 1 foot for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
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* The minimum side yard for two detached dwellings on one lot shall be 3 feet.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10, except for two
detached buildings on one lot for which the minimum distance shall be 6 feet.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000-4 5,000 3,660 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet.of floor
area for each additional 100 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
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DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2,700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
between} which is 6,000 square feet or greater shall not
exceed the floor area allowed for one duplex.
Multi -family: 1:1, which may be increased to 1.1:1 by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
E. 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,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and multi -family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one -bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
The review standards for evaluating the proposed amendment, per Section
26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages residential design which is in character with
Aspen's traditional neighborhoods. This proposal accomplishes that by offering an
alternative to the traditional duplex form which creates smaller freestanding buildings,
more in keeping with Aspen's older homes.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment does not increase density or allow any new land
uses. It addresses building mass.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The Aspen Sanitation District requests that the developments which result
from this code amendment be required to enter into a "shared service agreement," since
the two units will share a common service line although the units may be separately
owned.
Other services are not expected to have a change in demands as a part of this amendment.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment will not create impacts in addition to those created by the
uses which are currently allowed.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Staff finds the amendment to be consistent with the community character
in that it offers an opportunity to create smaller homes which appear to be on a 3,000
square foot lot, which is the historic lot size in Aspen. It also offers an opportunity for
more variety and creativity in new development.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The RMF zone district, which is mostly located in the East End
neighborhood, has seen rapid changes from new development in the past 5 years, much of
it out of scale with the traditional buildings in that area. This amendment addresses that
issue and provides an opportunity for a better solution.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment would not be consistent with the public interest.
STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning
Commission approve the code amendments as described in the staff memo.
RECOMMENDED MOTION: "I move to recommend Council approval for the
proposed code amendments to the "RMF" zone district as described in the staff memo of
December 16, 1997."
Exhibits:
A. Staff memo dated December 16, 1997.
B. Application.
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DavisHorn',. -nc-
PLANNING & REAL ESTATE CONSULTING
October 28, 1997
Mitch Haas
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Proposed Text Amendment for the R/MF Zone District
Dear Mitch:
As we have discussed on several occasions, Davis Horn Incorporated
is working on behalf of Ron Kanan to have a text amendment to the
City of Aspen Land Use Regulations processed. The text amendment
is to allow two detached residences on one lot in the R/MF zone
district. Such use is currently allowed on historically designated
lots within all residential zones in the City. This amendment will
therefore, closely follow the use allowed for historic properties,
but expands it to lots with 6,000 square feet or more which are in
the R/MF zone district.
Originally I indicated that Davis Horn Inc. would be submitting
this proposed text amendment along with a submission requesting
approval for two residences on one lot at 123 East Hyman Avenue
owned by the applicant, Ron Kanan. However, due to the detail,
time and money required for a specific development application,
Kanan has decided to postpone submission of his application until
we have feedback on the proposed text amendment. If the Planning
Office, Planning Commission and City Council appear to be
supportive of the text amendment, then we will submit a request for
such a project on Kanan's property.
Therefore, the following is an application for a proposed amendment
to the text of the Land Use Regulations for the City of Aspen
pursuant to Section 26.92, Amendments to the Land Use Regulations
and Official Zone District Map. The amendment proposed seeks to
amend the following two items under Section 26.28.090 R/MF
Residential Multi -Family Zone District:
1) The conditional uses allowed in the R/MF zone district to
include two detached dwellings on a lot with a minimum area of
6,000 square feet;
2) Dimensional requirements in the R/MF zone district: minimum
lot area per dwelling unit, minimum side yard, minimum
distance between buildings on the lot and allowable floor
area.
ALICE DAVIS, AICP S GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
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Pre -Application Conference
A pre -application conference was held August 14, 1997 with Mitch
Haas and Bob Nevins of the Planning Office. Prior to the pre -
application conference, a meeting on the proposal was held with Bob
Nevins and Stan Clausen. As only the text amendment is now being
submitted for review, only the pertinent items on the pre -
application conference summary sheet have been considered. You
verified that this was acceptable. Please refer to the application
form in Attachment 4, the pre -application conference summary sheet
in Attachment #5 and the fee agreement in Attachment #6.
Minimum submission Contents
The applicant for this text amendment is Ron Kanan of 194 Haystack
Lane, Snowmass Colorado 81654. Kanan's phone number is 379-0866.
Please see Attachment #3 for a letter authorizing Davis Horn
Incorporated to represent Mr. Kanan in the land use review process.
Although Mr. Kanan owns property at 123 East Hyman Avenue in the
R/MF zone district, no specific development is proposed at this
time. The text amendment will cover lots greater than 6,000 square
feet in the Residential Multi -Family zone district (R/MF).
Therefore, the submission requirements with regard to specific
ownership are not applicable.
specific submission Contents
Section 26.92.040 of the Land Use Regulations entitled
"Application" requires the specific wording of a proposed text
amendment to be submitted with a development application for an
amendment to the text of the Land Use Regulations. Such specific
wording is given in Attachments #1 and #2. For the sake of
clarity, Attachment #1 shows the existing Code language with the
changes specified which are necessary to accommodate the proposed
expanded conditional use in the R/MF zone district. Strikeouts
indicate where language has been omitted and bolding indicates
where new language has been added. Attachment #2 shows the
Regulation as it would exist if the proposed amendments were
adopted. Sections with changes have been bolded.
No amendments to the Official Zone District Map are proposed.
Public Hearing Notice Requirements
A text amendment application requires a public hearing at both the
Planning Commission and the City Council. Both hearings must be
noticed through a publication in a paper of general circulation in
the City of Aspen and must be done at least 15 days prior to the
hearing. It is our understanding that the legal notice will be
written and published within the appropriate deadline by the
Planning Office.
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Applicable Review Standards
Section 26.92.020 gives the nine standards of review (A through I)
for evaluating text amendments. Each standard is listed below,
then addressed as it relates to the proposed amendment regarding
two detached residential dwellings on one lot in the R/MF zone
District. In reviewing the proposed amendment, the City Council and
the Commission must consider the following standards:
A. Is the proposed amendment in conflict with any applicable
portions of this title? No. As two homes on one lot is
already allowed in the zone, the proposed amendment only
expands the allowed conditional use to all lots 6,000 square
feet and greater in the R/MF zone district.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan? This proposal seeks to
create more variety in the size, density and diversity of
development in Aspen which is part of the Community Vision in
the Aspen Area Community Plan (AACP - See page 5 of AACP.)
Historically, single family residential lots were 30 x 100 or
3,000 square feet. Allowing two small homes on one 6,000
square foot lot is reflective of the small miner's cottages
historically found in Aspen. It allows compatibility with
this historic use while not increasing the density or scale of
the immediate neighborhood or zone district. (See page 7 of
AACP.)
It is stated in the purpose of the R/MF zone, that lands in
the zone are typically the original townsite lots, within
walking distance of the City, on transit routes and are lands
with concentrations of attached and detached residential
dwellings. Development and more often redevelopment of these
lands with two smaller homes furthers the purpose and
historical scale of the zone.
The diversity of opinions about Aspen is one of its greatest
traditions. (See page 9 of AACP.) Allowing another development
option (two homes on one lot) with no additional impacts
allows this diversity of opinions to flourish. It allows a
greater variety in what can be built and contributes to the
character and vitality of Aspen.
Growth, transportation, affordable housing, commercial/retail
and open space/recreation elements of the AACP are not
impacted by the proposed amendment. The Design Quality and
Historic Preservation of the AACP certainly support the
amendment. Two small homes on one lot should enhance the
special character of Aspen, the historic district in Aspen and
should help to ensure the maintenance of character. (See pages
54 and 55 of the AACP.)
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C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use
and neighborhood characteristics? Nearby existing uses are
residential and the proposed amendment should enhance overall
neighborhood appeal by reducing the scale and magnitude that
typically comes with new development or redevelopment in the
R/MF zone district. The proposed amendment will allow two
homes on one lot, but it will not increase density. It may
decrease density by allowing an alternative to multi -family
development in the R/MF zone. As homes on 3,000 square foot
lots were historically most common, the amendment will be
quite compatible with surrounding zone districts and land
uses.
D. The effect of the proposed amendment on traffic generation and
road safety. There should be no impact on traffic generation
and road safety as a result of the proposed amendment.
Alternative uses already allowed include a duplex which would
have similar impacts and a multi -family use which would
generate a larger structure, more residents and more traffic.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the
extent to which the proposed amendment would exceed the
capacity of such public facilities including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools and emergency medical facilities.
None of the above facilities will be impacted. In fact, the
choice to develop two homes on one site instead of pursuing
multi -family development in the R/MF zone district may reduce
the demand for these services.
F. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural
environment. There should be no significant impacts on the
natural environment. The amendment only provides another
option in how a parcel can be developed. By reducing the
scale, mass and size of developments, less impact may occur.
Two separate homes may be designed so that no more energy
resources are used than would be necessary for a larger duplex
which is now allowed in this zone district. This option is a
more energy efficient development that a multi -family use
would be.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen. As
mentioned previously, allowing two homes on one lot will in no
way be inconsistent or incompatible with community character.
It should, in fact, enhance character by the smaller, more
historical scale and character of the resulting development.
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H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment. We believe that the development of
large duplex and townhome projects within the residential zone
districts in Aspen have begun to erode away at the historic
design, appeal, scale and overall character of Aspen. This
text amendment should create a greater variety of potential
designs and more interesting designs where the mass and scale
are more broken up and varied than would occur in one larger
duplex or multi -family structure. It is more indicative of
the small miner's cottages originally found in Aspen prior to
the more recent era where builders try to maximize square
footages.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent
of this title. The amendment will not be in conflict with the
public interest, but should be quite valuable and beneficial
to the public interest, all in harmony with the purpose and
intent of the Land Use Regulations.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur. This limited
application of the proposed use in the R/MF zone district,
along with similar projects developing on historically
designated lots where the use is already allowed, will provide
a good testing ground for the City to determine if this use is
valuable and beneficial to the City of Aspen. There do not
appear to be any negative remifications to trying the use as
a conditional use allowed in the R/MF zone district. At this
time there has been very limited application of this use
through developments on historically landmarks.
Dimensional Requirements
In addition to the new, proposed conditional use in the R/MF
zone district, applicable dimensional requirements must be
amended as well. The proposed minimum lot area per dwelling
unit is 6,000 square feet and the proposed minimum size for
each side yard is 5 feet, the same as currently exists for two
detached residential dwellings allowed for historic landmarks.
The total of both side yards is proposed to be 10 feet, the
same as for multi -family dwellings. No side yard total
requirement is specified for historic landmarks.
As proposed, the floor area allowed for two residential
dwellings on one lot is the same as that allowed for a duplex,
3600 square feet total or 1,800 square feet each for a 6,000
square foot lot. This is less than the floor area that would
be allowed for two residences if the sliding scale is applied
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to two 3,000 square foot lots, 4,800 square feet total or
2,400 square feet each for a 6,000 square foot lot.
The minimum distance between buildings requirement is now 10
feet. We have left that requirement the same for all uses
except for two detached residential dwellings. We are
proposing a minimum distance of 6 feet between buildings for
two detached residential dwellings on one lot. We have had
discussions with Stephen Kanipe, Chief Building Official and
Ed Van Walraven, the Fire Marshall. Both have stated that the
purpose and the intent of the distance (safety and access
issues) are still met with a 6 foot requirement. As a
conditional use, the City still has the right to review
specific development applications to make sure everyone is
comfortable with the resulting design. We have asked for 6
instead of 10 feet as we believe it allows for a better design
for two detached structures. Given a 6,000 square foot lot is
60 feet wide and subtracting two 5 foot side yard setbacks,
there is 50 feet left. Since all safety and access issues are
met with a 6 foot requirement, each structure can be 22 feet
wide instead of only 20 feet wide. Please refer the
Attachment #7, a sample footprint for a 6,000 square foot lot
with two detached residential dwellings.
Summary
Allowing two single family homes on a 6,000 square foot lot in
the R/MF zone will encourage the development of two smaller
homes as opposed to one large, more massive home. One home on
a 6,000 square foot lot in the R/MF zone can be 3,240 square
feet, a duplex can be 3,600 square feet and a multi -family
structure can be 6,000 square feet or 6,600 square feet if
deed restricted housing is provided. With two homes on one
6,000 square foot lot, the two can each be 1,800 square feet,
3,600 square feet total, the same floor area allowed for a
duplex. If there were two 3,000 square foot, separately
developable lots, 2,400 square feet of floor area could be
built in each home (4,800 square feet total) but this text
amendment limits the total size of the two homes on one lot to
3,600 square feet.
Having analyzed the redevelopment of his 6,000 square foot
property at 123 East Hyman Avenue in the R/MF zone district,
Ron Kanan believes the best option for the most attractive,
desirable design is two small single family homes, detached
from each other but on the same lot, as opposed to a duplex or
two homes attached by a garage.
We believe that two homes on on
a more interesting design where
broken up and varied than in
existing Land Use Regulations
C
e site will most often create
the mass and scale is more
one larger structure. The
require the two units in a
E
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duplex to share a common wall that is no less than 20% of that
total wall. Many disjointed designs have been created to meet
this criteria while two separate single family homes should
create a more natural and pleasing design of a smaller scale.
By amending the R/MF zone district as proposed, we believe a
greater variety in residential development and possibly more
desirable developments than those designed according to the
existing Land Use Regulations will occur.
The following attachments are included with this application:
Attachment #1: Proposed Text Amendment - Existing language
reflecting proposed changes (deletions and
additions);
Attachment #2: Proposed Amendment - New regulation as it would
exist if amendment is approved (to provide clarity
and eliminate confusion);
Attachment #3: Letter from Ron Kanan authorizing Davis Horn Inc.
to submit this application and to represent him in
the land use review process;
Attachment #4: Land use application form;
Attachment #5 Pre -application conference summary sheet;
Attachment #6: Signed agreement for payment of City of Aspen
development application fees; and
Attachment #7: Sample footprint for two detached dwellings on one
6,000 square foot lot.
Thank you for your assistance with this application. Please call
if you have any questions or if we have neglected to address any of
your concerns.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS AICP
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Attachment #1
PROPOSED CITY OF ASPEN LAND USE TEXT AMENDMENTS FOR
SECTION 26.28.090
(Strikeouts indicate portions to be omitted and bold indicates
portions to be added by the proposed amendment.)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark, bed
and breakfast,,and boardinghouse, and twe detaehe
residential drellings en a let with af 6, 990
square —€eet..
0
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet.
—89. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lot whieh
eertr toinsa histerie , andm ri : 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p e r 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
ft of lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to detaehed residential single family
residences and duplex dwellings only (does not apply to
two detached residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
6,000+
Minimum Size for
Each Side Yard (Feet)
5
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
principal building: 10
accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
• 0
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot been 6,000 square feet or greater eentaining an
histerieal ' a-a.fl,vv shall not exceed the floor area allowed for one
duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
Attachment #2
CITY OF ASPEN LAND USE REGULATIONS: SECTION 26.28.090
ASSUMING AMENDMENT IS ADOPTED
(Areas where changes were made are in bold)
26.28.090 Residential Multi -Family (R/MF)
A. 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 institutional uses customarily found in
proximity to residential 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.
B. Permitted Uses. The following uses are permitted as of right
in the Residential/Multi-Family (R/MF) zone district.
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
C. Conditional uses. The following are permitted as conditional
uses in the Residential/Multi-Family (R/MF) zone district,
subject to the standards and procedures in Chapter 26.60.
1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and
breakfast and boardinghouse;
8. Two detached residential dwellings on a lot with a
minimum of 6,000 square feet;
9. Accessory dwellings units meeting the provisions of
Section 26.40.090.
D. Dimensional requirements.
1. Minimum lot size: 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings on a lot: 3,000
For multi -family dwellings on lot between 6,000 and 9,000
square feet, the following 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 1,000 quare
feet of lot
area
For multi -family dwellings on lot of more than 9,000
square feet, the following requirements apply:
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom
p r e 1, 0 0 0
square feet of
lot area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when at least fifty percent (50%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One(1) bedroom
per 500 square
feet of lot
area.
For multi -family dwellings on a lot of 27,000 square feet
or less, when one hundred percent (100%) of the units
built on -site are restricted as affordable housing, the
following square feet requirements apply:
0 0
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms:
Bed and Breakfast, boardinghouse:
3. Minimum lot width (feet): 60
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
One (1) bedroom
per 400 square
feet of lot
area.
No requirement
5. Minimum side yard (feet): The following side yard
requirements apply to single family residences and duplex
dwellings only (does not apply to two detached
residential dwellings on one lot):
Lot Size
(Square Feet)
0 - 4,500
4,500 - 6,000
,I'
Minimum Size for
Each Side Yard (Feet)
9
Total of Both Side
Yards (Feet)
10 feet
5 10 feet, plus 1 foot
for each additional
300 square feet of
lot area, to a
maximum of 15 feet
to total side yard.
5 15 feet, plus 1 foot
for each additional
1200 square feet of
lot area, to a
maximum of 20 feet
to total side yard.
The minimum side yard for multi -family dwellings and two detached
residential dwellings on one lot shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10
except 6 feet for two detached residential dwellings on
one lot
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and
nonconforming lots of record):
Detached Residential Dwellings
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 80 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,240 square feet.
6,000 - 9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 3,660 square feet of
floor area.
9,000 - 15,000 3,660 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,020 square feet of
floor area.
15,000 - 50,000 4,020 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 5,770 square feet of
floor area.
50,000+ 5,770 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in lot area.
Duplex
Lot Size (Square Feet) Allowable Square Feet*
0 -3,000 90 square feet of floor area for each 100
square feet in lot area, up to a maximum
of 2,700 square feet of floor area.
3,000 - 6,000 2,700 square feet of floor area, plus 30
square feet of floor area for each
additional 100 square feet in lot area,
up to a maximum of 3,600 square feet.
6,000 - 9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,080 square feet of
floor area.
9,000 - 15,000 4,080 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 4,440 square feet of
floor area.
15,000 - 50,000 4,440 square feet of floor area, plus 5
square feet of floor area for each
additional 100 square feet of lot area,
up to a maximum of 6,190 square feet of
floor area.
50,000+ 6,190 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in lot area.
*Total external floor area for two detached residential dwellings
on a lot 6,000 square feet or greater shall not exceed the floor
area allowed for one duplex.
Multi -family: 1:1 which may be increased to 1.2:1 by special
review pursuant to Chapter 26.64.
11. Internal floor area ration: No requirement.
E. 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, subject to
the provisions of chapter 26.60.
1. For single family and duplex residential use and
multi -family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks
only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only.
One (1) space/dwelling unit is required if the unit
is either a studio or on -bedroom unit.
2. Lodge Uses: Requires special review pursuant to
chapter 26.64.
3. All other uses: Requires special review pursuant
to chapter 26.64.
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
March 4, 1997
Mayor John Bennett
Aspen City Council
130 South Galena Street
Aspen, CO. 81611
RE: Minimum distance between buildings requirement for 2 houses on
one lot in the RMF zone district
Mayor Bennett and City Council Members:
Please consider allowing a 6 foot minimum distance between
structures requirment for 2 detached dwelling units on one lot for
the following reasons:
1. At this time, the City Land Use Code allows a duplex to be
connected by only the garage or by a distance of 20% of a
common wall. The remainder of the two units do not have to be
separated by 6 feet and can be less than 6 feet. Since
duplex and a multi -family structures do not have this limiting
requirement, why restrict the more desirable alternative of
two detached dwellings on one lot in such a way? If you want
to encourage this use, why not make it a more desirable
instead of a less desirable alternative?
2. This proposed land use encourages the scale found in historic
Aspen and breaks up the mass, perceived density and scale of
the two units. It, in many ways, furthers the purposes of the
Aspen Area Community Plan. The 10 foot minimum distance
between building requirement (even with a reduction allowed by
special review) discourages the use. The applicant, Planning
Office, Planning and Zoning Commission and City Council, all
seem to agree that this is a desirable land use to be
encouraged.
3. With the time and cost involved, few will choose this
development option if a special review is required to reduce
the 10 foot requirement. Why discourage this use by requiring
a special review for one of many area and bulk requirements,
a review which isn't required for duplex and multi -family
structures?
4. The minimum distance between buildings requirement is an
interior lot requirement. It has minimal affect on neighbors
and a 6 foot requirement is less restrictive than what
neighboring duplexes have been allowed.
ALICE DAVIS, AICP 1 GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
5. The proposed Code amendment has limited applicability so the
risk of allowing 6 feet (instead of 10 feet) between buildings
is minimal. With approximately 70 lots in the RMF zone with
6,000 square feet or more, and with only 8 to 10 of these lots
being underdeveloped and likely candidates for this type of
redevelopment, the use will have limited application and
limited risk until it is expanded to other zones. The RMF can
be used as a testing ground for the use and the 6 foot
requirement.
6. The 6 foot requirement allows for a more creative design. It
gives alot of desired flexibility without much risk.
The applicant has spent his own money for what he believes to be a
Code amendment which will have positive public benefit and an
important impact on development in the community. We started this
process with extra time while the applicant, Ron Kanan, was
finishing another project. As he has run out of time and needs to
begin work on his 123 East Hyman property (the one considered for
two detached dwellings on one lot), a special review requirement
would probably not be pursued due to the additional time, cost and
risk. Ron would just attach the garages of the two units and build
a traditional duplex with the units separated by less than 6 feet.
Why not make this a more viable alternative and not require the
minimum distance between buildings requirement to be reduce only
after an approved special review?
Is there really any risk in allowing, by right, six feet between
structures instead of 10?
Thank you very much for your consideration.
Sincerely,
DAVIS HORN
de
c®t�
INNCORP-
INCORPORATED
ALICE DAVIS, AICP
ATrr. 3 •
RON KANAN
194 Haystack Lane
Snowmass, Colorado 81654
379-0866
Mitch Haas
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Aspen Land Use Regulations - Proposed Amendment
Authorization to represent
Dear Mitch:
Davis Horn Inc. with Alice Davis as the project manager, has been
authorized to represent me in the land use review for the
processing of a proposed amendment to the Aspen Land Use
Regulations. We hope to have an amendment to the R/MF zone
district approved so that two detached residential dwellings will
be allowed on one lot with a minimum size of 6,000 square feet.
Davis Horn Inc. is located at 215 South Monarch Street Suite 104,
Aspen, Colorado 81611. Their phone number is 925-6587.
Please call Alice Davis if you have any questions or concerns. I
am available for questions as well.
Thank you for you help.
Sincerely,
RON KANAN
194 Haystack Lane
Snowmass, CO. 81654
379-0866
ATIACH2lr 4�-
. LAND USE APPLICATION FUW.
Project-- Name - m F Zo Lo sfri -f- (Ae ' 4 end ►71P
2) Project Location R-n)p Zone _
(in irate street address, lot & block rn.miDer, legal d,cmpti oat where
appropriate)
3) Present Zoning R 1 ► IF 4) Iat Size �oar5-�- Ljfea-�er
5) Applicant's Name, Address & Phcm # (gym V-anar►
a/ yo
6) Representative ` s Name, Address & Phone #
7) Type of Application (please check k all that apply) :
SQecial Review Final SPA Final Hist--ormc Dev_
8040 Q-eenline C=xpeptrinI FM Minor Historic Dev.
Stream Margin Final PUD HiStOri-c DEMoliti.on
Mountain View Plane Subdivision Historic Designation
C ondc i n i um i za tion Text/Map Amendment GI S Allotment
lot SpLit/Int Line GMZS Emmgtian
Adjustment
8) Des=iptian of bcisting Uses (nbber and type of existing stru t s:
approximate sq_ ft. ; number of bedrooms; any previous approvals granted to the
property) -
Nof- aoAl i ca btu
so
A.A 900- Ell 0
oLlloukd -for- hi s*ev- lot
10) Have you attached the following?
Response to Attachment 2,
✓ Response to Attachment 3 ,
Response to Attachment 4,
Minimum Su .n i cc on CX.i[itents
Specific SluFtr+i pion Contents
Review Standa�-- for Your Application
PLANNER:
PROJECT:
REPRESENTATIVE:
II i&W :13
ATTACHMENT, 5 _
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Mitch Haas, 920-5095
DATE: 8/14/97
123 East Hyman Code Amendment, Conditional Use Reviews, and Residential
Design Standards Review (Special Review possible as well)
Alice Davis, Davis -Horn Inc. --- 925-6587
215 S. Monarch Ave.; Aspen, CO 81611
TYPE OF APPLICATION: Code Amendment, Conditional Use Reviews and Residential Design Review
(Special Review possible as well)
DESCRIPTION: Applicant would like to amend the code allow, as a conditional use in the R-MF
Zone District, two (2) detached single family dwelling units on one lot (a detached
duplex, in effect); next the applicant would request conditional use approval for one
or two ADUs as well as for the ability to construct a detached duplex on the lot in
question (provided the requested code amendment gets approved); the proposal
would be subject to review under the Residential Design Standards; and, if the
applicant seeks to vary the on-site/off-street parking requirements for the free
market units, Special Review approval would be required. The property in question
is located at 123 E. Hyman Avenue and contains 6000 square feet. There is an
existing residence that would be demolished an replaced.
Land Use Code Section(s)
Chapter 26.92, Amendments to the Land Use Regulations and Official Zone District Map;
Chapter 26.60, Conditional Uses;
Section 26.40.090, Accessory Dwelling Units;
Section 26.28.090, Residential Multi -Family (R/MF);
Section 26.58.040, Residential Design Standards;
Section 26.100.050(A)(2)(c), GMQS Exemptions for Detached Single -Family or Duplex Dwelling Units; and,
if needed, Section 26.64.040(B), Review Standards for Special Review --- Off -Street Parking Requirements.
The following Sections of the Code are also applicable:
Chapter 26.44, Park Development Impact Fee;
Section 26.88.070, Condominiumization, and with Condominiumization (Subdivision) comes Section
26.88.040(C)(6), School Land Dedication Standards;
Section 26.100.070, Minimum Development Standards; and,
Section 26.52.030, Application and Fees.
Review by: City of Aspen Planning and Zoning Commission and the City Council. The rezoning
requires public hearings before both the P&Z Commission and the City Council.
Public Hearing: Yes, for the code amendments and conditional uses, and the notice requirements outlined
in Chapter 26.52 will have to be followed. No, for special review.
Referral Agencies: Engineering, Housing, Parks, Environmental Health, Zoning, Fire Marshal, Water,
ACSD, Building, Electric, City Attorney's Office, and Streets.
Planning Fees: Planning Deposit Major ($2160)
Referral Agency Fees: Engineering, Major ($270); Housing, Major ($165); Environmental Health,
Major ($310)
Total Deposit: $2,905.00 (beyond the 12 "base" hours covered by the deposit, additional hours are billed
at a rate of $180/hour). 1012XI 7 per ,N i4+cA Haas: 4.21W t I G Ccpi tS
for it t a "*?t + Gn IV.
To apply, submit the following information: (Also see Section 26.52.030, Application and Fees)
1. Proof of ownership
2. Signed fee agreement
3. Appiicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which 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.
5. Total deposit for review of the application
6. 30 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2
7. An 8 '/2" by I I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the
state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with the review standards relevant to the development application.
Please include and clearly indicate existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1 "=50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their
setback from the street in feet. Identify parking and front entry for each building and locate any
accessory dwelling units along the alley. Indicate whether any portions of the houses
immediately adjacent to the subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show
topography of the subject site with 2' contours.
c) All building elevations at 1/8" = 1'-0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation
board.
11. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights -of -
way, for public hearings.
12. Copies of prior approvals.
0 •
13. All other materials required pursuant to the submittal requirements packets.
Detailed requirements, in addition to those mentioned above:
Site plan drawings of the development, at a scale of either one (1") inch equals twenty (20') feet or one (1")
inch equals thirty (30') feet, composed of one or more sheets with an outer dimension of twenty-four by
thirty-six (24" x 36") inches, showing the following information:
1. Title by which the proposed development is to be referred.
2. Scale (graphic and written), north point, and date of preparation.
3. Location of municipal boundaries at or near the development.
4. Parcel size in gross and net acres and square feet.
5. Total number, type, and density per type of dwelling units.
6. Total bedrooms per each dwelling unit type.
7. Residential density (gross and net).
8. Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by building.
9. Proposed coverage of buildings and structures, including the following:
a. Percentage and square footage of building coverage.
b. Percentage and square footage of driveway and parking.
c. Percentage and square footage of public street right-of-way.
d. Percentage and square footage of open space and/or landscaped area.
e. Percentage and square footage of open space meeting the City's definition (with a graphic
representation of "open space to view" calculations).
10. Number and location of off-street parking, including guest, handicapped, bicycle and motorcycle parking
including typical dimensions of each.
11. Lot lines, easements, public right -of ways as per subdivision plat.
12. Exact location of all buildings and structures and building envelopes dimensioned on at least two (2) sides
to the nearest platted property line.
13. Location of temporary model homes, sales office, and/or construction facilities, including temporary signs
and parking areas (as applicable).
14. Topographic contours at two (2') foot intervals.
15. Location, species and size of existing plant materials.
16. Location and floor area of existing and proposed buildings, with proposed setbacks indicated.
17. Location of existing and proposed pedestrian circulation system including its interrelationships with the
vehicular circulation system indicating the proposed treatment of points of conflict.
18. Maximum building height of all structures.
19. Existing zoning and minimum required setbacks (front, sides, rear).
20. Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of
the area and uses within one hundred fifty (150') feet of the proposal, exclusive of public right-of-way, at
the same scale as the proposal and including the following:
a. Land uses and location of principal structures.
b. Densities of residential uses.
c. Existing trees and major features of landscape.
d. Topographic contours at two (2') foot intervals.
e. Traffic circulation system.
21. Vicinity map of the area surrounding the site within a distance of at least one-half (1/2) mile, showing:
a. Zoning districts.
b. Location of existing municipal boundary lines.
c. Traffic circulation systems.
d. Major public facilities (schools, parks, etc.)
0 •
22. Owner's certification of acceptance of conditions and restrictions as set forth on the site plan (unsigned
until review process is completed; to be signed prior to recordation).
23. Statement of variances to City design criteria and standards.
24. Certification by an attorney licensed to practice law in the State of Colorado that the "owners and
proprietors" as defined in Section 29-526 31-23-111, C.R.S., have executed and acknowledged the plat in
accordance with Section 29-526 31-23-104, C.R.S.
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920-5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are
based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not, in any way, create a legal or vested
right.
116
AITACHYENT_.J.
ASPEN/PITK N COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and kor Kanon
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for a 7�P_ Kl OVAd0fl�_
• jai. LgUl 44i.n-(hereinafter, PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $ .2- 1 Q0 0 which is for 1 Z hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
Community Development Director
City of Aspen
Signature:
Date: l0 Z
Printed Name:
Mailing Address:
,Snr�cvma s5 . CO. S1655�
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