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HomeMy WebLinkAboutcoa.lu.ca.Residential Design Standards.0075.2004Residential Design Rv-d Standards amendment City of Aspen Case 0075.200n— . n—� ASLU l O603 Jp' C 0 0 City of Aspen Community Development Dept. CASE NUMBER 0075.2004.ASLU PARCEL ID NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER CASE DESCRIPTION REPRESENTATIVE SARAH OATES RESIDENTIAL DESIGN STANDAI' -)S CODE AMENDMENT SARAH OATES 920-5441 DATE OF FINAL ACTION 4/18/2005 CLOSED BY Denise Driscoll -19-2005 09:30 From: To:970 920 5439 0 P.1/2 PO Box 4028 Basalt, CO 81621 Phone 970-927-1026 Fax: 970-927.1027 To: City of Aspen & Pitkin County From: Todd Thompson Fax: (970) 920-5439 Pages: 2 Phone: Date: 4/18/2005 Re: Contractor's License CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply O Please Recycle e Comments: Please find attached a copy of Patrick Maley's Insurance certificates. Hopefully you have received these already from our insurance agent, but just in case we are forwarding this to you. Please use this in processing Patrick's Contractors License #5536. Let us know if you have any questions. Thank you. Todd Thompson Maley Building Corporation AD a He Edt Record Navr*e Form Reports Tab Help ... _..._................... ..... ... ......... . subQe�t= I Y i � Main R.I#v Status I ArchlEng I Parc* I Custom Fpkk I Fe" I Fee Summary 16etiont Ror,fm jWoiy I Condtiom j Permit Type Address city Permit wormatiort Pamtit 10M.2004ASLU At"uite State F ---]- Zp Matter Permit r— Routig queue Matter stave Fp;; g' — Desaip w r IAL DESIGN STANDARDS CODE AMENDMENT Srbmitted ISARAH DATES 920.5441 Clock ;Rurmirg Days l 5 r Visible on the web? Pemd ID 32057 Appfed 11105P2D04 Apptcrvedq�kr,, Issued f Feel F— E*ft 10131 MY3 u-- Last Name ;CITY OFASPEN FirstNwwl 1130 S GALENA ST �ASPEN CO 81611 Phone !(9701920-5000 i J Owner IsApplicant? _—.._.._---- —_--------- ---------- Last Name (CITY OFASPEN 2 First Name I ,_._— _.� 130 S GALENA ST ASPEN CO 81611 Phone (9701920-5000 Cust p , 25221 Lender .. Enter the Record 1 of 1 • NIL -A" MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director FROM: Sarah Oates, Zoning OfficerS4 RE: Second Reading of Ordinance No. 20, Series of 2005, Code Amendments —Section 26.410, Residential Design Standards. DATE: April 11, 2005 SUMMARY: Community Development Staff was directed by City Council to revise the Residential Design Standards to allow for a more streamlined review process for variance requests, and to recognize that different standards should apply to different neighborhoods and housing types. Staff has not done a wholesale revision of the code but has incorporated changes based on comments from the design community. Suggested changes include the following: • Incorporate an administrative variance process and/or allow one "freebie" from the standards • Differentiate between multi -family and single-family/duplex development • Differentiate between design in the West End and other neighborhoods in the City of Aspen • Eliminate the Secondary Mass requirement (i.e. provide a smaller, detached or linked component) • Recognize that some sites have no relationship to the street and pedestrian scale APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development 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. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Staff comments, if there are any, are in italics: Applicability, Section 26.410.010(B)(1): This section has been revised to differentiate between different areas within the City of Aspen and different housing types. In this section, Staff is proposing specific requirements applicable to the Aspen Infill Area (i.e. traditional platted lots), lots with no street frontage, multi -family buildings and the outlying residential neighborhoods. Staff recognizes that several of the existing Residential Design Standards are best suited to Aspen's traditional 30'x 100' lots, while not being as appropriate for the more suburban lots on the edges of town. • Definitions, Section 26.410.010(E): Staff added a definition of "street" for the purposes of Section 26.410 to include both public streets and private streets accessing more than one parcel. • Determination of Applicability, Section 26.410.020(A): Staff amended this section to bring the procedure more in line with how Staff administers the standards currently. • Determination of Consistency, Section 26.410.020(B): Staff amended this section to bring the procedure more in line with how Staff administers the standards currently. • Variances, Section 26.410.020(D): One of the biggest complaints Staff has heard with regards to the Residential Design Standards is that the variance process is too cumbersome. Currently, an applicant seeking a variance from the standards may have to wait several months to be accommodated on a P&Z or HPC agenda. One suggestion that came up in a meeting with members of the design community was to have one "freebie" in which the applicant could automatically waive one of the requirements. Staff feels a more appropriate way to administer the standards is to allow the Community Development Director to grant a variance for up to three (3) of the individual requirements given the specific context of the site. Staff currently handles minor PUD amendments, HPC approvals and plat changes in this manner. The standards the Community Development Director will use are the same as those used by the Commissions. Staff also has the ability to send a request to one of the Commissions if we feel the proposal does not meet the standards. • Building Orientation, Section 25.410.040(A)(1): Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertically above street grade shall be exempt from this standard. Build -to lines, Section 26.410.040(A)(2): An issue that came up in Staff s meeting with the design community was that corner lots were subject to more standards and overall it was more difficult to meet the standards on corner lots. Staff has eliminated the requirement that build -to lines be met on both street fagades. The proposal is to require build -to lines, only on the street facade with the longest block length. • Secondary Mass, Section 26.410.040(B)(1): Secondary mass has been a difficult standard for Staff to administer, especially on non-traditional lots. Staff is proposing that secondary mass only apply to lots within the Aspen Infill Area. Staff has also added language that limits the width of the link in order to accomplish the intent of the standard. • Garage Setback, Section 26.410.040(C)(2)(b): An issue that came up in Staff s meeting with the design community was that the garage setback did not need to be as much as ten (10) feet, as currently required, to achieve a the goal of making the garage a secondary element. Staff feels that ten (10) feet is appropriate and has not proposed any change for this requirement. Garage Doors, Section 26.410.040(C)(2)(f): When Staff changed this Residential Design Standard criteria last year, the requirement to allow double stall doors that looked like single stall doors was applied to parcels not visible from a public street. Staff is proposing the requirement for garage doors on public streets be changed to also allow for double stall doors that look like single stall doors. • Building Elements, Section 26.410.040(D)(1): Staff made changes to this section to clarify standards for multi -family buildings. The manner in which the section was split up was confusing and Staff rearranged it for better clarification. Windows, Section 26.410.040(D)(3)(a) and (b): Staff has eliminated the language regarding the 2:1 FAR penalty for windows that span between nine (9) and twelve (12) feet. The currently language is confusing and it is unclear if the penalty is applied even with a variance. As proposed, Staff has done away with the 2:1 FAR penalty and applicants must ask for a variance for windows to span between nine (9) and twelve (12) feet. With regards to non -orthogonal windows, currently, only one per fagade is permitted. Staff is proposing this regulation not apply outside of the Aspen Infill Area. • Inflection, Section 26.410.040(E)(2): Staff is proposing that inflection, in which all new construction must step down to one story if an adjacent building is one story, be limited to the Aspen Infill Area. STAFF RECOMMENDATION: Staff recommends that the City Council approve the amendments to Section 26.410, Residential Design Standards. P&Z RECOMMENDATION: The Planning and Zoning Commission recommends approval of the amendments the Section 26.410, Residential Design Standards with an addition that the Commission receive an annual report of the administrative approvals. RECOMMENDED MOTION: "I move to approve Section 26.410, Residential Design Standards, as proposed in the Exhibit A."" CITY MANAGER'S COMMENTS: ( 1 h x,�,_ 0_1�2,P. Attachments: Exhibit A: Proposed Code Amendments Exhibit B: Review Standards Exhibit C: Memo to City Council from Joyce Allgaier dated July 19, 2004 Exhibit D: Planning & Zoning Commission minutes dated March 15, 2005 ORDINANCE NO.20 (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on March 15, 2005, the Planning and Zoning Commission recommended by a seven to zero (7-0) vote, the City Council approve the amendments to Section 26.410; and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony of code amendments to Section 26.410; and, WHEREAS, the City Council finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS • �1 U Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front fagade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below this section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district: 1. Only the following standards shall apply to multi -family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D), building elements, as outlined in said section for multi -family buildings. 2 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area are required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2), inflection, in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. 26.410.020 Procedures for Review. A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre -application conference to determine as to whether the proposed project is exempt from the requirements of this chapter. B. Determination of Consistency. Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre -application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) above may be granted by the Planning and Zoning Commission or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent 4 structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- cipal structures shall be par- allel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On parcels or lots of less than 15,000 square feet, at least Yes. No. I i - I I Yes. % / = =� IIIIIVIIIIIIIIIIIIIIII� �""""` LJ 0 60% of the front facade shall be within 5 feet of the minimum front yard setback line. On corner lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib-. ited in the front yard set- back. B. BUILDING FORM. The Yes. intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. 1. Secondary Mass. All new single family and duplex structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). 6 Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not more than ten (10) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential that have access from an alley or private road, the following standards shall apply: a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. b. The front facade of 7 • • the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. C. On lots of at 15,000 square feet in the garage or carport forward of the front of the house only if garage doors or are perpendicular to street (side -loaded). d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. �I Q least size, maybe facade the carport entry the D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 0 0. 1. Street oriented entrance and principal window. All single-family homesand duplexes, except as outlined in Section 26.410.010(B)(4)shall have a street -oriented entrance and a street facing principal window Multi -family units shall have at least one street -oriented entrance for every four (4) units. and front units must have a street -facing principal window. On corner lots, entries and principal win- dows should face whichever street has a greater block length. j l i i i i j i i i i j i j j j i Comer Lot V Block Length This standard shall besatisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. f -Principal Window. 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story Gj element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non - orthogonal window. The requirement shall only apply to 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. I � (Y_ I-- No Street Section E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. Yes. C. Highly reflective sur- faces shall not be used as exterior materials. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. • :fie � � � 11 A one story building shall be defted as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect 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 4: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28 h day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor 12 FINALLY, adopted, passed and approved this I Vh Day of April 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor .lpprovcd as to form: John Worcester, City Attorney 13 EXHIBIT A CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns.. there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front facade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below Tthis section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district_. 1. Only the following, standards shall apply to multi -family housing; Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1 )(a), access or, if not applicable. Section 26.410.040(C)(2)(b),garage setback and 26.410.040(D), building elements as outlined in said section for multi -family buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area required to comply with all the standards except the following: Section 26.410.040(B)(1). secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2), intlection. in its entirety. 4. Parcels with no street frontage and parcels with front vard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1 ), building orientation and Section 26.410.040(D), building elements. in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the PIS Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. Definitions. Unless otherwise indicated the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply - Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed 4 of Section 26.410 street shall also include private roads, streets and access easements serving more than one (I) parcel. 26.410.020 Procedures for Review. A. Determination of Applicability. Applicability shall be determined at the time of building; permit submittal. The applicant may request a pre -application conference to determine The G nity Development Dire ter- at a Pfe p!ieation nf ,-ence hall • ake a Elet tion as to whether the proposed project is exempt from the requirements of this chapter. if it is deter -mined that the design feview st „d,fds' shall I f B. Determination of Consistency. Upon re pt of an applieation e Residential Design Stafidar-ds review, the Community Development Difeeter- sha14 determine if the development plan is consistent with the Residential Design Standards set, t:6t4 , at Section 26 .4 1 n non Coilsistencv with the Residential Design Standards shall be determined at the time of buildingpermit review. The applicant may request a pre - application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering: the context in xyhich the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood settinu, or a broader vicinity as the director feels is necessary to determine if the exception is warranted, or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020 P) mayabove may be granted by the Planning and Zoning Commission, the BE)a.,a of ^ 4iustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: Via. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2 b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- cipal structures shall be par- allel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of Yes. No. I i I tYes./ i 4 • 0 the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(13)(4) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On parcels or lots of less than 15,000 square feet, at least 60% of the front facade shall be within 5 feet of the minimum front yard setback line. b ` lines On corner lots, this standard shall be met on the frontage with the longest blocl: length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib--. ited in the front yard set- back. B. BUILDING FORM. The Yes. Yes. No. Yes. I S intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. 5 • • 1. Secondary Mass. All new single familv and duplex structures new strueltir-es shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. 1 A subordinate linking element for the purposes of -secondary mass shall be defined as an element not more than ten (l 0) feet in width and ten (10) feet in length with a plate height of not morethan nine (9) feet. Linked pavilions six (6) feet in width and ten 00) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. For all residential that have access from an alley or private road, the following standards shall apply: n • C] a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a public street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s),the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. ,V— X —*- >_ X* s'* size, the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side -loaded). b. The front facade of the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. C. On lots of at least 15,000 square feet in 7 E d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors... unlessThe ear -age doors shall be single stall doors, the garage doefs aFe not visible f eman),public street o alley, whieh ease the gar -age doors m" either single stall doors onofn:hal double stall doors. r D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes, town, , houses and duplexes, except as outlined in Section 26.410.010(B)(4)-shall have a street - oriented entrance and a street facing principal window.. Multi -family units shall have at least one street -oriented entrance for every four (4) units, and front units must have a street -facing principal window. in the ease of t,,.,:.,1,ouses and On corner lots, entries and principal win- dows should face whichever street has a j i i i i i j l I I j l 4 j j l Corner Lot ir�� Rin�4 I nnnlL. ✓ 0 greater block length. This standard shall be satisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. .<—Princi al Window. 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story element is projecting from. Assuming that 9 the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. �r�sra�s: b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non -orthogonal window. The requirement shall only apples Section 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. Street No 10 b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non -orthogonal window. The requirement shall only apples Section 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. Street No 10 E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. C. Highly reflective sur- faces shall not be used as exterior materials. Yes. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides 11 L_J 0 of the subject site, the appli- cant may choose the side towards which to inflect. A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. 12 • EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses. The proposed amendments take into account neighborhood characteristics of different neighborhoods. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. 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 proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. 0 • RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the .surrounding neighborhood which support the proposed amendment. RESPONSE: Staffs goal is that the proposed changes will create more compatibility within neighborhoods.. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. 1A • 0 E-/, h 10 C_� MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director FROM: Joyce A. Allgaier, Deputy Director of Community Development RE: Work Session on Residential Design Standards DATE: July 19, 2004 Background: Earlier this year the City Council asked that the Community Development Staff initiate an evaluation of the Residential Design Standards (RDS) contained within the Land Use Code. The RDS apply to all residential development within the city, both single family and multi -family housing and have been in place since 1995 (preceded by Ord.30) and have been revised through the years. In the last seven (7) years, the Community Development Department has handled seventy-two (72) RDS variance cases. The types of variances requested have largely been focused on secondary mass, garage location, single stall garage door, 9-12 foot "no window zone", non -orthogonal windows, and first story element. These cases require review by the Planning and Zoning Commission or Historic Preservation Commission and ordinarily take up to 2 months to handle through a public hearing process. A typical cost for a RDS variance is around $1310.00 to the applicant and takes around 5-7 Staff hours. Some cases, however, are wrapped into other land use cases and cost significantly less for just the variance. In initiating this project, Staff convened a group of "design practitioners" (architects and planners who actually use the city's code). We asked them to identify the benefits, issues, and problems they encounter in using the RDS and to recommend new ideas or changes to make the regulations better. One of the ground rules of the meeting was that "wholesale revisions" to the RDS was not what we were looking for. It is Staff s intention to propose minor amendments that make both the regulations and the process more effective and efficient, while still attaining a high level of design aesthetics that has proven to be a strong community value. Some of the overarching and more general observations of the group included the following bulleted items. Recommendations are in bold italics. 0 • The RIDS should continue to allow for diversity in architecture. Therefore, do not make the design standards any more specific than they are such that they would dictate a certain style, creative expression, materials or color. • Some members of the group felt that the RDS have a tendency to bring architecture down to a "lowest common denominator", other group members felt that a good architect who understands streetscape and community planning can abide by the RIDS and succeed with highly unique and creative projects, and still others felt that the RDS do help to prevent architectural "disasters". The RDS should continue to provide guidelines for design that have in mind the goal of enhancing neighborhoods, streetscapes and should consider the public nature of the setting of residences. The RDS should not force designers into a box such that all houses look the same. • The RDS tend to not apply well to multi -family residential buildings and certain neighborhoods within the city, such as the Cemetery Lane neighborhood and subdivisions in the east end. Amendments should include looking at special guidelines for multi family structures. Amendments should also look at the applicability of all of the regulations to all parts of town. Possibly develop specific guidelines for specific areas that would not apply to all areas, or exempt some areas from some of the existing guidelines. In conjunction with this, utilize the neighborhood character guidelines, developed years ago, to assist. • The RDS standards can hold up projects for small reasons which sometimes truly are the cause of the location or setting of the property. For example, a recent variance request was needed for the front door orientation standard at the Top of Mill. This standard was almost impossible to achieve this recently subdivided lot due to the unique layout and topography of the site. Ensure that the standards don't create an unnecessary need to seek variance. Evaluate where more simple solutions can be achieved versus a full variance process. Some specific recommendations that the group would like to see considered in this project include the following: • Evaluate the tree preservation regulations to ensure that they do not conflict with RDS goals. • Evaluate the first story element standard to make sure language more clearly describes the desired outcome. • Secondary mass is often a difficult standard to achieve and sometimes not applicable to the site. Specifically evaluate the secondary mass standard in that secondary mass is often only visible from the alley, secondary mass can "bulk up" the front of the.lot in an undesirable way, and the required link between the buildings creates unnecessary constraints and limits to developing the site. FA • The requirement to step back a garage 10 feet from the front facade is often too much and not needed to achieve a secondary feel to the garage. • The treatment and applicability of the standards to corner lots should be evaluated, especially with regard to front door and garage orientation, • Evaluate the RDS process (variances and administrative processes) so that a variance takes less time (investigate using an outside adjudicator or "peer review"process). Allow for staff flexibility or allow for administrative variances. Determine a set of "threshold guidelines" with a provision for some standards being optional and other mandatory. Or, allow for one free pass on any standard of the designer's choosing Get creative! Discussion: Firstly, Staff would like to thank the members of Aspen's design community who took time to provide thoughtful input and suggestions in this project. Those who participated either in the group meeting or in an individual interview include the following people: Rod Dyer, Kim Wiel, Stan Clauson , Gilbert Sanchez, David Brown, Dylan Johns, Mary Avjian, Suzannah Reid, John Galumbos, Sarah Broughton, Scott Lindenau, and Tim Semrau. Staff supports making amendments to the RSD and agrees that the items raised by the group should be evaluated. However, writing specific design standards for specific zone districts or neighborhoods would be a major undertaking, requiring thorough analysis and inventory of the areas. Should the Council wish to pursue this, Staff recommends that this be taken on as a separate project(s) and allow the more minor amendments to proceed. We do believe that some changes could make the process more efficient and the standards more effective. Staff recommends that the issue of house size should not be addressed in conjunction with amendments to the RDS. If history is any indicator, mixing the highly volatile matter of house size and floor area ratio with this would only serve to bog down the process and impede progress to make some minor and needed amendments to the RDS. Recommendation: Staff recommends that the Council direct Staff to pursue minor code amendments affecting changes to the Residential Design Standards. 3 6 it ASPEN PLANNING AbNING COMMISSION -Minuff- MARCH 15,200 Jasmine Tygre opened the regular Aspen Planning and Zoning meeting in the Sister Cities meeting room. Commissioners Steve Skadron, Dylan Johns, Jack Johnson, Ruth Kruger, Brian Speck, John Rowland and Jasmine Tygre were present. Brandon Marion was excused. Staff in attendance were Sarah Oates, James Lindt, Chris Lee, Joyce Allgaier, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS James Lindt noted the next meeting on the Lodge at Aspen Mountain was scheduled for March 291h. Jasmine Tygre asked about the site visit. Lindt replied that the applicant could provide the superimposed drawings and if on -site visuals were still needed then staff would set up a site visit between the meeting on the 29`h and the next meeting. Tygre stated this was important to the commission for the decision making process. MINI TTF C Jack Johnson moved to table and continue the approval of the minutes from February 1 S` and 22"d to the next meeting; seconded by Ruth Kruger. All in favor, motion approved. DECLARATION OF CONFLICTS OF INTEREST Ruth Kruger had a conflict on the Mother Lode. PUBLIC HEARING: RESIDENTIAL DESIGN STANDARDS CODE AMENDMENTS Jasmine Tygre opened the public hearing on the Code Amendment. Sarah Oates provided the notice and said that staff was directed by constructive criticism from architects and other design practitioners. Oates stated the Residential Design Standards were originally adopted in 1994 in an attempt to reduce FAR; the idea was to create a set of standards that reduced massing of buildings. The standards were revised in 1999 after 5 years and have been tweaked periodically. Oates said there are now more changes addressing different parts of town and the community development director having the ability to grant variances. Oates said the traditional town site lots were eligible to ask for the three administrative variances but were required to meet all the standards. Several standards were eliminated for parcels not located in the infill area; the first was secondary mass, the second was non -orthogonal windows, and inflection, in its entirety. Lots with no street frontage were also eliminated and residential units within mixed use buildings were exempted. 2 ASPEN PLANNING &06NING COMMISSION -M i n ut MARCH 15.2005 Oates said that Administrative Variances were new in section 26.410.020(D). Oates stated that secondary mass was eliminated except for non-traditional lots; the width of secondary mass had to be between 6 and 12 feet. Oates said the current code allows an applicant to go to the Board of Adjustment if there were just asking for Residential Design Standard Variance, which will change with this code amendment so that the applicant would consolidate the application instead of just the Residential Design Standards. No public comments. The commission questioned how the 3 variances were chosen and the number to be an administrative decision. The commission asked if these three variances would encourage more variance requests. The commission agreed with the neighborhood delineation, window placement and structure placement on the lot for administrative review. The commission voiced concern for the type of variances granted by the community development director. There would be obvious choices on some variance requests but not on all. Dylan Johns said that during the pre-app with community development on the lot configuration and the hardship for the variances would be determined. Johns said that the number of variances that could be granted by the community development director was the question. Oates stated that during the pre-app with community development if an applicant asks for increased development outside the development envelope the applicant is told that cannot be approved by staff and must go for further review to the appropriate review board. Jasmine Tygre said that if it turns out that it looks like its going to be bad the commission could request modification. Ruth Kruger stated concern for the way this works. The commissioners requested a report on the variances granted by the community development director. MOTION: Ruth Kruger moved to approve Resolution #11, series 2005, section 26.410 Residential Design Standards as proposed adding an annual report of variances approved by the community development director and removing Board of Adjustment from the first sentence; seconded by Jack Johnson. Roll Call vote: Skadron, yes; Johns, yes; Rowland, yes; Speck, yes; Kruger, yes; Johnson, yes; Tygre, yes. Motion APPROVED 7-0. 3 Aspen Infill Area SNOWBUNNYLN\\% q `- ♦ ,� mil, � �� 1t Ipop- ' `'`` Aspen Infill Area 0 t WESTVIEWDR Hw�B N 0 1325023500 5,000 Feet LOT WITH FRONT YARD SETBACK LOCATED HIGHER THAN 10 VERTICAL FEET ABOVE STREET GRADE Hwy 82 w��NC'SST tiZ a w Ix ti f ® h 1 _w_BLFEKER Sr ! /IP co moo !A, 2 W FR41V /AL 1__ ti co ;c"ll z i no street frontage A • ev I 134000 MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director L BUY / FROM: Sarah Oates, Zoning Officer S� RE: First Reading of Ordinance No.t, Series of 2005, Code Amendments — Section 26.410, Residential Design Standards. Second Reading Scheduled for April I Ph. DATE: March 28, 2005 SUMMARY: Community Development Staff was directed by City Council to revise the Residential Design Standards to allow for a more streamlined review process for variance requests, and to recognize that different standards should apply to different neighborhoods and housing types. Staff has not done a wholesale revision of the code but has incorporated changes based on comments from the design community. Suggested changes include the following: • Incorporate an administrative variance process and/or allow one "freebie" from the standards • Differentiate between multi -family and single-family/duplex development • Differentiate between design in the West End and other neighborhoods in the City of Aspen • Eliminate the Secondary Mass requirement (i.e. provide a smaller, detached or linked component) • Recognize that some sites have no relationship to the street and pedestrian scale APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development 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. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Staff comments, if there are any, are in italics: Applicability, Section 26.410.010(B)(1): This section has been revised to differentiate between different areas within the City of Aspen and different housing types. In this section, Staff is proposing specific requirements applicable to the Aspen Infill Area (i.e. traditional platted lots), lots with no street frontage, multi -family buildings and the outlying residential neighborhoods. Staff recognizes that several of the existing Residential Design Standards are best suited to Aspen's traditional 30'x 100' lots, while not being as appropriate for the more suburban lots on the edges of town. • Definitions, Section 26.410.010(E): Staff added a definition of "street" for the purposes of Section 26.410 to include both public streets and private streets accessing more than one parcel. • Determination of Applicability, Section 26.410.020(A): Staff amended this section to bring the procedure more in line with how Staff administers the standards currently. • Determination of Consistency, Section 26.410.020(B): Staff amended this section to bring the procedure more in line with how Staff administers the standards currently. • Variances, Section 26.410.020(D): One of the biggest complaints Staff has heard with regards to the Residential Design Standards is that the variance process is too cumbersome. Currently, an applicant seeking a variance from the standards may have to wait several months to be accommodated on a P&Z or HPC agenda. One suggestion that came up in a meeting with members of the design community was to have one "freebie" in which the applicant could automatically waive one of the requirements. Staff feels a more appropriate way to administer the standards is to allow the Community Development Director to grant a variance for up to three (3) of the individual requirements given the specific context of the site. Staff currently handles minor PUD amendments, HPC approvals and plat changes in this manner. The standards the Community Development Director will use are the same as those used by the Commissions. Staff also has the ability to send a request to one of the Commissions if we feel the proposal does not meet the standards. Building Orientation, Section 25.410.040(A)(1): Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertically above street grade shall be exempt from this standard. Build -to lines, Section 26.410.040(A)(2): An issue that came up in Staff s meeting with the design community was that corner lots were subject to more standards and overall it was more difficult to meet the standards on corner lots. Staff has eliminated the requirement that build -to lines be met on both street fagades. The proposal is to require build -to lines, only on the street fagade with the longest block length. • Secondary Mass, Section 26.410.040(B)(1): Secondary mass has been a difficult standard for Staff to administer, especially on non-traditional lots. Staff is proposing that secondary mass only apply to lots within the Aspen Infill Area. Staff has also added language that limits the width of the link in order to accomplish the intent of the standard. • Garage Setback, Section 26.410.040(C)(2)(b): An issue that came up in Staff s meeting with the design community was that the garage setback did not need to be as much as ten (10) feet, as currently required, to achieve a the goal of making the garage a secondary element. Stafffeels that ten (10) feet is appropriate and has not proposed any change for this requirement. Garage Doors, Section 26.410.040(C)(2)(f): When Staff changed this Residential Design Standard criteria last year, the requirement to allow double stall doors that looked like single stall doors was applied to parcels not visible from a public street. Staff is proposing the requirement for garage doors on public streets be changed to also allow for double stall doors that look like single stall doors. • Building Elements, Section 26.410.040(D)(1): Staff made changes to this section to clarify standards for multi -family buildings. The manner in which the section was split up was confusing and Staff rearranged it for better clarification. Windows, Section 26.410.040(D)(3)(a) and (b): Staff has eliminated the language regarding the 2:1 FAR penalty for windows that span between nine (9) and twelve (12) feet. The currently language is confusing and it is unclear if the penalty is applied even with a variance. As proposed, Staff has done away with the 2:1 FAR penalty and applicants must ask for a variance for windows to span between nine (9) and twelve (12) feet. With regards to non -orthogonal windows, currently, only one per fagade is permitted. Staff is proposing this regulation not apply outside of the Aspen Infill Area. • Inflection, Section 26.410.040(E)(2): Staff is proposing that inflection, in which all new construction must step down to one story if an adjacent building is one story, be limited to the Aspen Infill Area. STAFF RECOMMENDATION: Staff recommends that the City Council approve the amendments to Section 26.410, Residential Design Standards. P&Z RECOMMENDATION: The Planning and Zoning Commission recommends approval of the amendments the Section 26.410, Residential Design Standards with an addition that the Commission receive an annual report of the administrative approvals. RECOMMENDED MOTION: "I move to approve Section 26.410, Residential Design Standards, as proposed in the Exhibit A." Attachments: Exhibit A: Proposed Code Amendments Exhibit B: Review Standards Exhibit C: Memo to City Council from Joyce Allgaier dated July 19, 2004 ORDINANCE NO. X (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on March 15, 2005, the Planning and Zoning Commission recommended by a seven to zero (7-0) vote, the City Council approve the amendments to Section 26.410; and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony of code amendments to Section 26.410; and, WHEREAS, the City Council finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as note a ow: CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front fagade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below this section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district: 1. Only the following standards shall apply to multi -family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D), building elements, as outlined in said section for multi -family buildings. ( 1 ) 4 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area are required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2), inflection, in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre -application • • conference to determine as to whether the proposed project is exempt from the requirements of this chapter. B. Determination of Consistency. Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre -application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) above may be granted by the Planning and Zoning Commission or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent M structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- cipal structures shall be par- allel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On parcels or lots of less than 15,000 square feet, at least "�iillluG� // , Yes. No. Yes. 4 • • 60% of the front facade shall be within 5 feet of the minimum front yard setback line. On corner lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib-. ited in the front yard set- back. B. BUILDING FORM. The intent of the following building Yes. form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. 1. Secondary Mass. All new single family and duplex structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). 2 Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not more than ten (10) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential that have access from an alley or private road, the following standards shall apply: a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. b. The front facade of 7 • • the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. On lots of at 15,000 square feet in the garage or carport forward of the front of the house only if garage doors or are perpendicular to street (side -loaded). d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. least size, maybe facade the carport entry the D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homesand duplexes, except as outlined in Section 26.410.010(B)(4)shall have a street -oriented entrance and a street facing principal window Multi -family units shall have at least one street -oriented entrance for every four (4) units, and front units must have a street -facing principal window. On corner lots, entries and principal win- dows should face whichever street has a greater block length. i i I l i i i l Corner Lot I I I I I I I I I I I I I I i Block Length This standard shall besatisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. F—Principal Window. 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story 0 • • element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non - orthogonal window. The requirement shall only apply to 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. I 1 No Street Section 10 E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. Yes. C. Highly reflective sur- faces shall not be used as exterior materials. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. 11 A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. Section 2• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect 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 4• 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28'h day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor 12 FINALLY, adopted, passed and approved this 11 d' Day of April 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 13 EXHIBIT A CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns.- there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front fagade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below Tthis section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district_. 1. Only the following standards shall apply to multi -family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D), building elements, as outlined in said section for multi -family buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2). inflection. in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall. consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Planning - Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated. the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed 4 • • of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. 26.410.020 Procedures for Review. A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre -application conference to determine The r,,,,,.,..unit„ Development Dire, tar- at a pre ..':eatie.. n ferenee shall make a detefmination as to whether the proposed project is exempt from the requirements of this chapter. if it is detef,.. fined that the design review stanaafds shall Residential Design Standards r-eview, whieh shall inelude a eapy of the administr-a B. Determination of Consistency. Residential Design Standards review, the Gemmunity Development Pir-eeter- shafl detefmine if the development plan is eensistent with the Residential Design Standards set f Ah at Seefie 26 41n 040 Consistency with the Residential Design Standards shall be determined at the time of bwldingpermit review. The applicant may request a pre - application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an aDpropriate desiizn or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) maygbove may be granted by the Planning and Zoning Commission, the Beafd of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 4-.a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2L. b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- Yes. No. cipal structures shall be par- I i7- allel to the street. On corner lots, both street facing Yes-; facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of 4 • E the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4,) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On parcels or lots of less than 15,000 square feet, at least 60% of the front facade shall be within 5 feet of the minimum front yard setback line O v sites t least 6004 lines On corner lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib-, ited in the front yard set- back. B. BUILDING FORM. The intent of the following building 1'r's. Yes. I No. Yes. 1 form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. • C: 1. Secondary Mass. All new single family and duplex structures no s*,.•,, ttffes shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of -secondary mass shall be defined as an element not more than ten (10) feet in width and ten 00) feet in length with a plate height of not morethan nine (9) feet. Linked pavilions six (6) feet in width and ten 0 0) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. For all residential that have access from an alley or private road, the following standards shall apply: R E • a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a puhlie street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. size, the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side -loaded). r3 Ea Ea b. The front facade of the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. C. On lots of at least 15,000 square feet in 7 0 • d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors... The g e daer-s shall be single stall doors .,less ,.high ease the gar -age doorsmp he either single stall doors o aem+al double stall deeFs. IIII�I{III111�IIIII�IIIIWIIIIIIIIIIIIIIIIIIIIIIi �� D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes-,4ey,�r, and duplexes, except as outlined in Section 26.410.010(B)(4)-shall have a street - oriented entrance and a street facing principal window.. Multi -family units shall have at least one street -oriented entrance for every four (4) units, and front units must have a street -facing principal window. in the ease of townhouses and aeeessery units fiwing eouftyar-ds of gar -dens. entries and pr-ineipal windows should faee these fiaa4ufes. On corner lots, entries and principal win- dows should face whichever street has a j i l i i i j i I I j I 4 j j Comer Lot i l l l i l l l i • • greater block length. r�!sr.�es!Er�fre!st��!�sert This standard shall be satisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story element is projecting from. Assuming that 9 <—Princip al Window. 0 • the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non -orthogonal window. The requirement shall only apply to Section 26.410.01OB)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. I `i Yea I Street No E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. l . Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. C. Highly reflective sur- faces shall not be used as exterior materials. Yes. mom 1►01 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides 11 of the subject site, the appli- cant may choose the side towards which to inflect. Then. I Ifi = 1 A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. 12 EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses. The proposed amendments take into account neighborhood characteristics of different neighborhoods. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. 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 proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff s goal is that the proposed changes will create more compatibility within neighborhoods.. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. P MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director FROM: Joyce A. Allgaier, Deputy Director of Community Development RE: Work Session on Residential Design Standards DATE: July 19, 2004 Background: Earlier this year the City Council asked that the Community Development Staff initiate an evaluation of the Residential Design Standards (RDS) contained within the Land Use Code. The RDS apply to all residential development within the city, both single family and multi -family housing and have been in place since 1995 (preceded by Ord.30) and have been revised through the years. In the last seven (7) years, the Community Development Department has handled seventy-two (72) RDS variance cases. The types of variances requested have largely been focused on secondary mass, garage location, single stall garage door, 9-12 foot "no window zone", non -orthogonal windows, and first story element. These cases require review by the Planning and Zoning Commission or Historic Preservation Commission and ordinarily take up to 2 months to handle through a public hearing process. A typical cost for a RDS variance is around $1310.00 to the applicant and takes around 5-7 Staff hours. Some cases, however, are wrapped into other land use cases and cost significantly less for just the variance. In initiating this project, Staff convened a group of "design practitioners" (architects and planners who actually use the city's code). We asked them to identify the benefits, issues, and problems they encounter in using the RDS and to recommend new ideas or changes to make the regulations better. One of the ground rules of the meeting was that "wholesale revisions" to the RDS was not what we were looking for. It is Staff s intention to propose minor amendments that make both the regulations and the process more effective and efficient, while still attaining a high level of design aesthetics that has proven to be a strong community value. Some of the overarching and more general observations of the group included the following bulleted items. Recommendations are in bold italics. • The RDS should continue to allow for diversity in architecture. Therefore, do not make the design standards any more specific than they are such that they would dictate a certain style, creative expression, materials or color. • Some members of the group felt that the RDS have a tendency to bring architecture down to a "lowest common denominator", other group members felt that a good architect who understands streetscape and community planning can abide by the RDS and succeed with highly unique and creative projects, and still others felt that the RDS do help to prevent architectural "disasters". The RDS should continue to provide guidelines for design that have in mind the goal of enhancing neighborhoods, streetscapes and should consider the public nature of the setting of residences. The RDS should not force designers into a box such that all houses look the same. • The RDS tend to not apply well to multi -family residential buildings and certain neighborhoods within the city, such as the Cemetery Lane neighborhood and subdivisions in the east end. Amendments should include looking at special guidelines for multi family structures. Amendments should also look at the applicability of all of the regulations to all parts of town. Possibly develop specific guidelines for specific areas that would not apply to all areas, or exempt some areas from some of the existing guidelines. In conjunction with this, utilize the neighborhood character guidelines, developed years ago, to assist. • The RDS standards can hold up projects for small reasons which sometimes truly are the cause of the location or setting of the property. For example, a recent variance request was needed for the front door orientation standard at the Top of Mill. This standard was almost impossible to achieve this recently subdivided lot due to the unique layout and topography of the site. Ensure that the standards don't create an unnecessary need to seek variance. Evaluate where more simple solutions can be achieved versus a full variance process. Some specific recommendations that the group would like to see considered in this project include the following: • Evaluate the tree preservation regulations to ensure that they do not conflict with RDS goals. • Evaluate the first story element standard to make sure language more clearly describes the desired outcome. • Secondary mass is often a difficult standard to achieve and sometimes not applicable to the site. Specifically evaluate the secondary mass standard in that secondary mass is often only visible from the alley, secondary mass can "bulk up" the front of the lot in an undesirable way, and the required link between the buildings creates unnecessary constraints and limits to developing the site. 2 • • • The requirement to step back a garage 10 feet from the front facade is often too much and not needed to achieve a secondary feel to the garage. • The treatment and applicability of the standards to corner lots should be evaluated, especially with regard to front door and garage orientation, • Evaluate the RDS process (variances and administrative processes) so that a variance takes less time ( investigate using an outside adjudicator or "peer review" process). Allow for staff flexibility or allow for administrative variances. Determine a set of "threshold guidelines" with a provision for some standards being optional and other mandatory. Or, allow for one free pass on any standard of the designer's choosing. Get creative! Discussion: Firstly, Staff would like to thank the members of Aspen's design community who took time to provide thoughtful input and suggestions in this project. Those who participated either in the group meeting or in an individual interview include the following people: Rod Dyer, Kim Wiel, Stan Clauson , Gilbert Sanchez, David Brown, Dylan Johns, Mary Avjian, Suzannah Reid, John Galumbos, Sarah Broughton, Scott Lindenau, and Tim Semrau. Staff supports making amendments to the RSD and agrees that the items raised by the group should be evaluated. However, writing specific design standards for specific zone districts or neighborhoods would be a major undertaking, requiring thorough analysis and inventory of the areas. Should the Council wish to pursue this, Staff recommends that this be taken on as a separate project(s) and allow the more minor amendments to proceed. We do believe that some changes could make the process more efficient and the standards more effective. Staff recommends that the issue of house size should not be addressed in conjunction with amendments to the RDS. If history is any indicator, mixing the highly volatile matter of house size and floor area ratio with this would only serve to bog down the process and impede progress to make some minor and needed amendments to the RDS. Recommendation: Staff recommends that the Council direct Staff to pursue minor code amendments affecting changes to the Residential Design Standards. 3 • • RESOLUTION NO. 11 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a duly -noticed public hearing, considered the recommendation of the Community Development Director and took public testimony for the Code Amendments cited above; and, WHEREAS, the Planning and Zoning Commission finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on March 15, 2005, the Planning and Zoning Commission recommended, by a seven to zero (7-0) vote, the City Council approve the amendments to Section 26.410, Residential Design Standards, as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs -of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front fagade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below this section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district: 1. Only the following standards shall apply to multi -family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not 2 CJ • applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D), building elements, as outlined in said section for multi -family buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area are required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2), inflection, in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. 26.410.020 Procedures for Review. -• • A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre -application conference to determine as to whether the proposed project is exempt from the requirements of this chapter. B. Determination of Consistency. Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre -application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant. may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) above may be granted by the Planning and Zoning Commission or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular 4 standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1 Buildin orientation g The front facades of all prin- cipal structures shall be par- allel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On Yes. No. � I 1 I Yes./ Yes. No. I Yes. X, � i � i i • n u parcels or lots of less than 15,000 square feet, at least 60% of the front facade shall be within 5 feet of the minimum front yard setback line. On corner lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib-. ited in the front yard set- back. B. BUILDING FORM. The Yes. intent of the following building 1 1 form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. 1. Secondary Mass. All new single family and duplex structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). 2 i C] • Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not more than ten (10) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential that have access from an alley or private road, the following standards shall apply: a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. • r� LJ -=-X-,�->X+5-e the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side -loaded). d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard.setback shall not exceed two (2) feet in depth, mea- sured from natural grade. e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). b. The front facade of the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. C. On lots of at least 15,000 square feet in size, f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and 8 elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homesand duplexes, except as outlined in Section 26.410.010(B)(4)shall have a street -oriented entrance and a street facing principal window Multi -family units shall have at least one street -oriented entrance for every four (4) units, and front units must have a street -facing principal window. On corner lots, entries and principal win- dows should face whichever street has a greater block length. j l i i i i j i i i i l i j j j i r Corner Lot I I I I ! I Block Length This standard shall besatisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. 0 <—Principal Window. I� U 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non - orthogonal window. The requirement shall only apply to 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. i I I I No Street 10 Section E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. Yes. C. Highly reflective sur- faces shall not be used as exterior materials. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. I If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. I A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. Section 2• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. Approved by the Commission at its regular meeting on March 15, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: LD '. I , — ":nL� City Attorney Y Jasmine Tygre, Chair ATTEST: 12 • qd�vvxt�4�- & kie Lothian, Deputy City Clerk 13 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: A4­)f> pen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) 1,y c LM L,4 i4a I (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained 4' om the Community Development Department, which was made of suitable waterproof materials, which was not less than twenty-two (22) inchl wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Comm ty Development Department, which contains the information described ingection 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acl wled ed bef re me s da of 'a"'''7acr� �-� , 200 5, by g� y PUBLIC NO�:ERE: CITY OF ASP EN LANMENTS — RESIDENTIAL D ION STANDARDS — SECTION 26.410 NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 11, 2005 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.410. Residential Design Standards of the Aspen Municipal Code. For further information, contact Sarah 03Tt at the City of Asp en Co unity Development De- partment, 130 S. Galen 1- Aspen, CO, (970) 429- 2767, saraho®ci.aspen. .us. /Helen Klanderud, Mayor pen City cil Published in The Aspen Times on March 27? f 05. (2535) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: L//. Notary Public ATTACHMENTS: PYOFTHEPUBLICATION PHU] U(,KAFH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL SARAH OATES O C O�- • • SA. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaierputy Director FROM: Sarah Oates, Zoning Officer RE: Code Amendments —Section 26.410, Residential Design Standards DATE: March 15, 2005 SUMMARY: Community Development Staff was directed by City Council to revise the Residential Design Standards to allow for a more streamlined review process for variance requests, and to recognize that different standards should apply to different neighborhoods and housing types. Staff has not done a wholesale revision of the code but has incorporated changes based on comments from the design community. Suggested changes include the following: • Incorporate an administrative variance process and/or allow one "freebie" from the standards • Differentiate between multi -family and single-family/duplex development • Differentiate between design in the West End and other neighborhoods in the City of Aspen • Eliminate the Secondary Mass requirement (i.e. provide a smaller, detached or linked component) • Recognize that some sites have no relationship to the street and pedestrian scale APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development 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. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Staff comments, if there are any, are in italics: • Applicability, Section 26.410.010(B)(1): This section has been revised to differentiate between different areas within the City of Aspen and different housing types. In this section, Staff is proposing specific requirements applicable to the Aspen Infill Area (i.e. traditional platted lots), lots with no street frontage, multi -family buildings and the outlying residential neighborhoods. Staff recognizes that several of the existing Residential 0 1 0 Design Standards are best suited to Aspen's traditional 30'x 100' lots, while not being as appropriate for the more suburban lots on the edges of town. • Definitions, Section 26.410.010(E): Staff added a definition of "street" for the purposes of Section 26.410 to include both public streets and private streets accessing more than one parcel. • Determination of Applicability, Section 26.410.020(A): Staff amended this section to bring the procedure more in line with how Staff administers the standards currently. • Determination of Consistency, Section 26.410.020(B): Staff amended this section to bring the procedure more in line with how Staff administers the standards currently. • Variances, Section 26.410.020(D): One of the biggest complaints Staff has heard with regards to the Residential Design Standards is that the variance process is too cumbersome. Currently, an applicant seeking a variance from the standards may have to wait several months to be accommodated on a P&Z or HPC agenda. One suggestion that came up in a meeting with members of the design community was to have one "freebie" in which the applicant could automatically waive one of the requirements. Staff feels a more appropriate way to administer the standards is to allow the Community Development Director to grant a variance for up to three (3) of the individual requirements given the specific context of the site. Staff currently handles minor PUD amendments, HPC approvals and plat changes in this manner. The standards the Community Development Director will use are the same as those used by the Commissions. Staff also has the ability to send a request to one of the Commissions if we feel the proposal does not meet the standards. Building Orientation, Section 25.410.040(A)(1): Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertically above street grade shall be exempt from this standard. • Build -to lines, Section 26.410.040(A)(2): An issue that came up in Staff s meeting with the design community was that corner lots were subject to more standards and overall it was more difficult to meet the standards on corner lots. Staff has eliminated the requirement that build -to lines be met on both street fagades. The proposal is to require build -to lines, only on the street fagade with the longest block length. • Secondary Mass, Section 26.410.040(B)(1): Secondary mass has been a difficult standard for Staff to administer, especially on non-traditional lots. 4' Staff is proposing that secondary mass only apply to lots within the Aspen Infill Area. Staff has also added language that limits the width of the link in order to accomplish the intent of the standard. • Garage Setback, Section 26.410.040(C)(2)(b): An issue that came up in Staff s meeting with the design community was that the garage setback did not 4 need to be as much as ten (10) feet, as currently required, to achieve a the goal of making the garage a secondary element. Staff feels that ten (10) feet is appropriate and has not proposed any change for this requirement. • Garage Doors, Section 26.410.040(C)(2)(f): When Staff changed this Residential Design Standard criteria last year, the requirement to allow double stall doors that looked like single stall doors was applied to parcels not visible from a public street. Staff is proposing the requirement for garage doors on public streets be changed to also allow for double stall doors that look like single stall doors. • Building Elements, Section 26.410.040(D)(1): Staff made changes to this section to clarify standards for multi -family buildings. The manner in which the section was split up was confusing and Staff rearranged it for better clarification. • Windows, Section 26.410.040(D)(3)(a) and (b): Staff has eliminated the language regarding the 2:1 FAR penalty for windows that span between nine (9) and twelve (12) feet. The currently language is confusing and it is unclear if the penalty is applied even with a variance. As proposed, Staff has done away with the 2:1 FAR penalty and applicants must ask for a variance for windows to span between nine (9) and twelve (12) feet. With regards to non -orthogonal windows, currently, only one per facade is permitted. Staff is proposing this regulation not apply outside of the Aspen Infill Area. • Inflection, Section 26.410.040(E)(2): Staff is proposing that inflection, in which all new construction must step down to one story if an adjacent building is one story, be limited to the Aspen Infill Area. RECOMMENDATION: Staff recommends that the Planning & Zoning Commission recommend approval to the amendments to Section 26.410, Residential Design Standards. RECOMMENDED MOTION: "I move to approve Section 26.410, Residential Design Standards, as proposed in the Exhibit A." Attachments: Exhibit A: Proposed Code Amendments Exhibit B: Review Standards RESOLUTION NO. A (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a duly -noticed public hearing, considered the recommendation of the Community Development Director and took public testimony for the Code Amendments cited above; and, WHEREAS, the Planning and Zoning Commission finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on March 15, 2005, the Planning and Zoning Commission recommended, by a _ to _ (_-_) vote, the City Council approve the amendments to Section 26.410, Residential Design Standards, as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front facade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below this section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district: 1. Only the following standards shall apply to multi -family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not 2 U applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D), building elements, as outlined in said section for multi -family buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area are required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2), inflection, in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. 26.410.020 Procedures for Review. 3 A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre -application conference to determine as to whether the proposed project is exempt from the requirements of this chapter. B. Determination of Consistency. Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre -application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. -71 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) above may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent 4 structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- cipal structures shall be par- allel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On parcels or lots of less than 15,000 square feet, at least '��!IIIiIII,IIIIi�IIN� ;�AUYes./ �� Yes. I No. Yes. FT-1 I I I I • U 60% of the front facade shall be within 5 feet of the minimum front yard setback line. On corner lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib-. ited in the front yard set- back. •O •:UVr074 Yes. intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. 1. Secondary Mass. All new single family and duplex structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to Section 26.410.010(B)(2). • • Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not more than ten (10) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exempt from Section 26.575.020(A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. l . For all residential that have access from an alley or private road, the following standards shall apply: a. Parking, garages, and carports shall be accessed from an alley or private road. b. If the garage doors are visible from a street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s),the width of the living area on the first floor shall be at least five (5) feet greater than the width of the El El garage or carport. b. The front facade of 7 • the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. C. On lots of at 15,000 square feet in the garage or carport forward of the front of the house only if garage doors or are perpendicular to street (side -loaded). d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. least size, maybe facade the carport entry the IIIIE��II�IIVIIUVIWIIIIIIIIIIIIIIIIIIIViI YAW D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 8 1. Street oriented entrance and principal window. All single-family homesand duplexes, except as outlined in Section 26.410.010(B)(4)shall have a street -oriented entrance and a street facing principal window Multi -family units shall have at least one street -oriented entrance for every four (4) units, and front units must have a street -facing principal window. On corner lots, entries and principal win- dows should face whichever street has a greater block length. j i i i i i j j i Corner Lot i i I I I I i Block Length This standard shall besatisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. <—Principal Window. 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story W 0 • element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. b. No more than one non -orthogonal s "No window zone" i 2' window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non - orthogonal window. The requirement shall only apply to 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. ` I I I 1 � Ves i I Street Section 10 • • E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. Yes. C. Highly reflective sur- faces shall not be used as exterior materials. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. moo uu i ui, 11 A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect 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 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. Approved by the Commission at its regular meeting on March 15. 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jasmine Tygre, Chair 12 • Jackie Lothian, Deputy City Clerk 13 EXHIBIT A CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedures for Review. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape: Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns.. there is interaction between residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front fagade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street -facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. B. Applicability. Except as outlined below T-this section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R-15B zone district_. 0 1. Only the following standards shall apply to multi -family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not applicable, Section 26.410.040(C)(2)(b), garage setback and 26.41.0.040(D), building elements, as outlined in said section for multifamily buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area required to comply with all the standards except the following: Section. 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non -orthogonal windows and Section 26.410.040(E)(2), inflection. in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) f-eet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1). building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Prix Community Development Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area ,,� i thin a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving; more than one 0 Zparcel. 26.410.020 Procedures for Review. A. Determination of Applicability. Applicability shall be detennined at the time of building pen -nit submittal. The applicant may request a pre -application conference to determine The Community Deyelopmen! Pireeter- t a o „lieation The vVIRTII confere ee shall make a to whether the proposed project is exempt from the requirements of this chapter. if it is dete ffli ed that the design r-eview standards shall B. Determination of Consistency. Upon r p! f an application rn_ Residential Design Standar-Els review, the Community Development INFKAOF Sh detefmine if the development plan is eensistentA4th the Residential Design Standards set foi4h at Section 26 n 1 n non Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre - application conference to deternine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Communitv Development Director shall find that the variances, if granted, would: a. Provide an appropriate desiLm or nattern of develonment considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) mayabove may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 4-.a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2:b. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation The front facades of all prin- Yes. No. cipal structures shall be par- allel to the street. On corner I I lots, both street facing Yes./ facades must be parallel to / the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. Ll One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build -to lines. On parcels or lots of less than 15,000 square feet, at least 60% of the front facade shall be within 5 feet of the minimum front yard setback line. On comer sites at T % of both stree! faeades of the building shall be within 5 +eat of the fninimum etb.,e lines On corner lots, this standard shall be met on the frontage with the longest block length. Porches may be used meet the 60% standard. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohib-, ited in the front yard set- back. B. BUILDING FORM. The intent of the following building Yes. Yes. No. I Yes. I f I form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. L 1. Secondary Mass. All new single family and duplex structures new st fuetuf. e shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only applesparcels within the Aspen In -fill Area pursuant to Section 26.410.010(B)(2). Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of -secondary mass shall be defined as an element not more than ten (10) feet in width and ten 00) feet in length N ith a plate height of not morethan nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exempt from Section 26.575.020(A)(8). Seeendar-y mass shall be defined as an element not Less than six (6) feet : :,ath and ten (1 m +ovt heightin length with a plate tt,a a e (9) fee!. C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. For all residential that have access from an alley or private road, the following standards shall apply: a. Parking, garages, and carports shall be accessed from an alley or private road. • b. If the garage doors are visible from a „street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. C. If the garage doors are not visible from a pukesstreet or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. size, the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side -loaded). d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front /� iN11RNHg1 I�f rim■ b. The front facade of the garage or the front most supporting column of a car- port shall be set back at least ten feet (10' 0") further from the street than the front most wall of the house. C. On lots of at least 15,000 square feet in • yard setback shall not exceed two (2) feet in depth, mea- sured from natural grade. e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). f. If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors.. .. M�l�Mlii D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes Viand duplexes, except as outlined in Section 26.410.010(B)(4)-shall have a street - oriented entrance and a street facing principal window.. Multi -family units shall have at least one street -oriented entrance for every four 4) units, and front units must have a street -facing, principal window. in the ease of w WAhOtfseS alld aeeessor-y units fae* is or gar -dens, entries and prineipal windows should faee the features. On corner lots, entries and principal win- dows should face whichever street has a greater block length. .......... . ..... MORMP This standard shall be satisfied if all of the following conditions are met: a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. C. A street -facing prin- cipal window requires that a significant window or group of windows face street. +-Princi al Window. 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed -area) shall not be allowed over the first story • • element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. 3. Windows. a. Street facing windows shall not 1 2 span through the area where a second 9' floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. "No window zone" b. No more than one non -orthogonal window shall be allowed on each facade of the building. A single non -orthogonal window in a gable end may be divided with mullions and still be considered one non -orthogonal window. The requirement shall only pply to Section 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. K Yes Street No • E. CONTEXT. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. b. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non -bearing materi- al, shall not be used below a heavy material, such as stone. C. Highly reflective sur- faces shall not be used as exterior materials. Yes. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. Then. I A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. 0 • EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses. The proposed amendments take into account neighborhood characteristics of different neighborhoods. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. 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 proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. • • RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff s goal is that the proposed changes will create more compatibility within neighborhoods.. 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. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. F) MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director FROM: Joyce A. Allgaier, Deputy Director of Community Development RE: Work Session on Residential Design Standards DATE: July 19, 2004 Background: Earlier this year the City Council asked that the Community Development Staff initiate an evaluation of the Residential Design Standards (RDS) contained within the Land Use Code. The RDS apply to all residential development within the city, both single family and multi -family housing and have been in place since 1995 (preceded by Ord.30) and have been revised through the years. In the last seven (7) years, the Community Development Department has handled seventy-two (72) RDS variance cases. The types of variances requested have largely been focused on secondary mass, garage location, single stall garage door, 9-12 foot "no window zone", non -orthogonal windows, and first story element. These cases require review by the Planning and Zoning Commission or Historic Preservation Commission and ordinarily take up to 2 months to handle through a public hearing process. A typical cost for a RDS variance is around $1310.00 to the applicant and takes around 5-7 Staff hours. Some cases, however, are wrapped into other land use cases and cost significantly less for just the variance. In initiating this project, Staff convened a group of "design practitioners" (architects and planners who actually use the city's code). We asked them to identify the benefits, issues, and problems they encounter in using the RDS and to recommend new ideas or changes to make the regulations better. One of the ground rules of the meeting was that "wholesale revisions" to the RDS was not what we were looking for. It is Staff s intention to propose minor amendments that make both the regulations and the process more effective and efficient, while still attaining a high level of design aesthetics that has proven to be a strong community value. Some of the overarching and more general observations of the group included the following bulleted items. Recommendations are in bold italics. • The RDS should continue to allow for diversity in architecture. Therefore, do not make the design standards any more specific than they are such that they would dictate a certain style, creative expression, materials or color. • Some members of the group felt that the RDS have a tendency to bring architecture down to a "lowest common denominator", other group members felt that a good architect who understands streetscape and community planning can abide by the RDS and succeed with highly unique and creative projects, and still others felt that the RDS do help to prevent architectural "disasters". The RDS should continue to provide guidelines for design that have in mind the goal of enhancing neighborhoods, streetscapes and should consider the public nature of the setting of residences. The RDS should not force designers into a box such that all houses look the same. • The RDS tend to not apply well to multi -family residential buildings and certain neighborhoods within the city, such as the Cemetery Lane neighborhood and subdivisions in the east end. Amendments should include looking at special guidelines for multi family structures. Amendments should also look at the applicability of all of the regulations to all parts of town. Possibly develop specific guidelines for specific areas that would not apply to all areas, or exempt some areas from some of the existing guidelines. In conjunction with this, utilize the neighborhood character guidelines, developed years ago, to assist. • The RDS standards can hold up projects for small reasons which sometimes truly are the cause of the location or setting of the property. For example, a recent variance request was needed for the front door orientation standard at the Top of Mill. This standard was almost impossible to achieve this recently subdivided lot due to the unique layout and topography of the site. Ensure that the standards don't create an unnecessary need to seek variance. Evaluate where more simple solutions can be achieved versus a full variance process. Some specific recommendations that the group would like to see considered in this project include the following: • Evaluate the tree preservation regulations to ensure that they do not conflict with RDS goals. • Evaluate the first story element standard to make sure lan-tiage »rare clearly describes the desired outcome. • Secondary mass is often a difficult standard to achieve and sometimes not applicable to the site. Specifically evaluate the secondary mass standard in that secondary mass is often only visible from the alley, secondary mass can "bulk up" the front of the lot in an undesirable way, and the required link between the buildings creates unnecessary constraints and limits to developing the site. 2 • The requirement to step back a garage 10 feet from the front facade is often too much and not needed to achieve a secondary feel to the garage. • The treatment and applicability of the standards to corner lots should be evaluated, especially with regard to front door and garage orientation, • Evaluate the RDS process (variances and administrative processes) so that a variance takes less time ( investigate using an outside adjudicator or "peer review" process). Allow for staff flexibility or allow for administrative variances. Determine a set of "threshold guidelines" with a provision for some standards being optional and other mandatory. Or, allow for one free pass on any standard of the designer's choosing. Get creative! Discussion: Firstly, Staff would like to thank the members of Aspen's design community who took time to provide thoughtful input and suggestions in this project. Those who participated either in the group meeting or in an individual interview include the following people: Rod Dyer, Kim Wiel, Stan Clauson , Gilbert Sanchez, David Brown, Dylan Johns, Mary Avjian, Suzannah Reid, John Galumbos, Sarah Broughton, Scott Lindenau, and Tim Semrau. Staff supports making amendments to the RSD and agrees that the items raised by the group should be evaluated. However, writing specific design standards for specific zone districts or neighborhoods would be a major undertaking, requiring thorough analysis and inventory of the areas. Should the Council wish to pursue this, Staff recommends that this be taken on as a separate project(s) and allow the more minor amendments to proceed. We do believe that some changes could make the process more efficient and the standards more effective. Staff recommends that the issue of house size should not be addressed in conjunction with amendments to the RDS. If history is any indicator, mixing the highly volatile matter of house size and floor area ratio with this would only serve to bog down the process and impede progress to make some minor and needed amendments to the RDS. Recommendation: Staff recommends that the Council direct Staff to pursue minor code amendments affecting changes to the Residential Design Standards. Stan Clauson. AICP, ASLA, 04:26 PM 7/17/04, RE: Res. Design Council Memo 0 0 Reply -To: <clauson@scaplanning.com> From: "Stan Clauson. AICP, ASLA" <clauson@scaplanning.com> To: "'Joyce Allgaier"' <joycea@ci.aspen.co.us> Subject: RE: Res. Design Council Memo Date: Sat, 17 Jul 2004 16:26:00 -0600 Organization: Stan Clauson Associates, LLC X-Mailer: Microsoft Outlook, Build 10.0.2627 Importance: Normal X-MX-Spam: exempt X-MX-MAIL-FROM: <clauson@scaplanning.com> X-MX-SOURCE-IP: [216.237.72.751 X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Joyce — Looks good. Unfortunately, I have a County Board of Adjustment meeting so I cannot join you at Council. Best, Stan Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main Street Aspen, Colorado 81611 USA Tel: 970-925-2323 Fax:970-920-1628 www.scaplanning.com Planning, Permitting, and Design Solutions for Communities and Private Sector Clients -----Original Message ----- From: Joyce Allgaier [mailto joyrPa ,ci.aspen.co_nsl Sent: 15 July 2004 5:24 PM To: tsemrau@sopris.net; dyerarch@rof.net; kweil@billposs.com; grsaia@ro£net; david@strykerbrown.com; dylanmj@hotmail.com; maa-architects@comcast.net; rowlandbroughton@comcast.net; studiob@sopris.net; clauson@scaplanning.com; amyg@ci.aspen.co.us; saraho@ci.aspen.co.us Cc: amyg@ci.aspen.co.us; saraho@ci.aspen.co.us; juliew@ci.aspen.co.us Subject: Res. Design Council Memo Greetings, On Monday, July 19th, the City Council will conduct a work session about residential design standards. I have attached a memo that I have provided to the Council that includes your observations and recommendations from our meeting in June. You are welcome to attend and participate in the discussion. Staff is supporting your recommendations to proceed with evaluating some general and specific provisions of the standards to make both the process and the standards more effective and efficient. Thank you again for your participation in this project. Joyce Page 1 of 1 Printed for Joyce Allgaier <joycea@ci.aspen.co.us> 8/2/04 Residential Design focus Sup, 01:49 PM 5/4/04, Follow-up 0 To: Residential Design focus Group From: Joyce Allgaier <joycea@ci.aspen.co.us> Subject: Follow-up Cc. Bcc: Attached: Greetings, I have been out of the office for a conference and vacation time so I want to follow-up with you since we met. Thank you all for participating in our discussion last month. I really appreciate the time you took to participate and your insights & ideas as well. I feel confident that we will be able to make some improvements to the regulations we currently have. In the next week I will be utilizing your input in formulating a memorandum to council. Prior to my doing that I will send you all a draft copy for any additional feedback. I'll be in touch. Thanks again! Joyce Printed for Joyce Allgaier <joycea@ci.aspen.co.us> ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4, Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, VGIW(_f�.�S L�_ j 0 0 F (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or.a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained fryg m the Community Development Department, which was made of suitable, 4 waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _'day of , 200_, to and including the date and time of th public hearing. A photograph of the posted notice (sign) is attached hereto. I Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged b fore me s i day of `�'''��ac�a-•c �C' , , 200 3, by ���L �--, , -r PURLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMEND MENT'S — RESIDENTIAL DESIGN STANDARDS — SECTION 26.410 , NOTICE IS '.EREBY GIVEN that a public hearing will be held on Tuesday, March 15, 2005 at a meeting to begin at 4:30 p.m. before the As- pen Planning and Zoning Commission, Sister Cit- ies Room, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.410, Residen- tial Design Standards of the Aspen Municipal Code. For further infomation, contact Sarah Oates at the City of A-n Community Development De- partment, 130 J. Galena St., Aspen, CO, (970) 429. 2767, saraho®ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Pubbished in The Aspen Times on February 27, 2005. (2441) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: SC �( Pve</ Notary Public ES O l O �0 CO ATTACHMENTS: COPY OF THEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL T� Gr o4D by a vx 4 D --�n,44:7 Kir 1 • h� � � '�1 — � rn i � I y _ • lt� ���ih1 vGl.(�l l• �*v-\A�z, Lj a v--) 4- - Cc C•E i �, -�'� � per — Lc c � ,d-e c� .wopv�C .�.L Julie Ann Woods, 02:50 PM 1/9/04, council requests Page 1 of 1 0 0 0 ` f X-Sender: juliew@sam �J X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Fri, 09 Jan 2004 14:50:28 -0700 To: Joycea@ci.aspen.co.us, Denised@ci.aspen.co.us, Chrisb@ci.aspen.co.us ele From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: council requests Apparently council wants us to look at revising some design standards. they requested that they get a list of all the typical variances that have been requested from the residential design standards as an FYI. Apparently P&Z is also interested in revisions. Joyce, please work with Denise when she gets back to come up with the list and put together the memo to council. Chris, I'd like you to call Tim and ask him for clarification on what they are looking for --for both residential design standards, and for lodging. You may recall Helen inquired about lodging last month. We can brainstorm this first if you'd like. Let's make both of these a priority please. Thanks. JA Julie Ann Woods, A.I.C.P./MLA Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Please note NEW Website: www.aspenpitkin.com Printed for Joyce Allgaier <joycea@ci.aspen.co.us> 1/14/04 • • lU 1NT-C1 �1 lu TO: Mayor and City Council THRU: Chris Bendon, Community Development Director CN `m FROM: Sarah Oates, Zoning Officer�� DATE: February 9, 2005 SUBJECT: Code Amendments to the Residential Design Standards In April 2004, Community Development Department staff met with a group of architects and planners in the community to identify the benefits, issues and problems when using the Residential Design Standards. Based on that discussion, City Council directed staff to make minor modifications to the Residential Design Standards to make the regulations and process more effective and efficient. Staff is currently drafting proposed modifications to the code. The code amendments are scheduled before the Planning and Zoning Commission on March 15, 2005 and staff anticipates the code amendment process will begin in front of City Council in either April or May 2005. Staff will notify interested parties, including the group of design professionals we met with in April 2004, about the proposed modifications and the dates of hearings for the code amendments. Tim Semrau 925-6447 x1 Rod Dyer 379-3519 Kim Weil 925-4755 948-1019 Gilbert Sancrez David Brown 925-2100 x2 Dylan Johns 544-9041 Mary Avjian 927-7656 LM Suzannah Reid 920-9225 John Galambos 429-1286 Sarah Broughton 544-9006 LM Scott Lindenau 920-9428 Stan Clauson 925-2323 Amy x5096 Sarah x5441 -tsovkAL-t (P, sop r.1s.OR tim@ ok dyerarch(a�rof.net ok kweil bill oss.com ok ( V-54i0, w K-C-f ok David@strykerbrown.com ok dyIan mi a.hotmail.com ok °L4,�b - OSCI � ok called to get input can't make 4/15-ok to p rowlandbroughton(abcomcast.net ok stud iob(cDsopris. net ok clauson6aDscaplanninq.com ok amyg(cDci.aspen.co.us ok saraho(d)ci.aspen.co.us ok V, !qvrj� 0 A X-Sender: sheilab@finance li2, �? _— X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 01 Mar 2004 16:28:23 -0700 To: denised@ci.aspen.co.us, jamesl@ci.aspen.co.us, amyg@ci.aspen.co.us, erikp@ci. aspen. co. us, juliew@ci.aspen.co.us, joycea@ci.aspen.co.us, chrisb@ci. aspen.co.us, saraho@ci.aspen.co.us, johnn@ci.aspen.co.us, scottw@ci.aspen.co.us, claudes@ci.aspen.co.us, denism@ci.aspen.co.us, stephenk@ci.aspen.co.us, erikp@ci. aspen. co. us, tomp@ci.aspen.co.us From: Sheila Babbie <sheilab@ci.aspen.co.us> Subject: Sign On - Wells Fargo X-MailScanner-Information: Please contact the 1SP for more information X-MailScanner: Found to be clean Page 1 of 1 Denise left a message that you were all having trouble signing on. If you check on the handout I gave you in training, you will see the "sign on" screen. The Company ID should be listed on it -- the Company ID and your User ID will not change. Only your password will change. The Company ID is 9100012. If you continue to�ae ,5tulties, please call or email me. Thanks, Sheila A /t 1 (,CC, .� �(( v J Sheila Babbie 2 S / l City of Aspen Finance 970-920-5040 P ✓__ } kA ai 51tg 1Ohl a 10o vAA (U ire. IUlap l�- .. S(_0_0w)11h 11 '� y vA. V ij j., -,,.rA f - rlv\ .0\xY`4 file://C:\DOCUME—I\chrisb\LOCALS—I\Temp\eudI 5.htm 644 -�oo(,:, I a -7 3/3/2004 rC7 CP tu �( 14 VL411 0st: XOdZ 4— 4,fi1 r*1 i c LAJ per- k4 0- J►"'t I JO r LH-0 ✓ti'd-i -,b Odl^k� 0 4�1',s 41-C, 64-+ W4A/ �S LU4 aYU14- 6�- wh�rc. ar-&., • b d avt� env �kx� 40 No wcLv- — r+ i-D &Y--A,�- • ��� - lJ ilk. i�o-c— C�-�— q2 5 — � 5 � G1 DLAI I,,- f 41, v,,.wW �- A& (t4tj 4(v rvar-b-,4- I' 4lZ'2/o 4— ,� bvlo� �s �s 6. pu,ey, - C)rit+,ka4i► ti,'SD "w,&2: wok— o o.s.s,% �e, d tg- 4--) c�o�. bU, c�� — � 6 /✓fir TV0 e,s ciri�0 ►�c�, bey` 2/6 7c, b 5 e ot- 'C • • Tim Semrau 925-6447 x1 tsemrau(a)sopris.net Rod Dyer 379-3519 dyerarch(a-)_rof.net Kim Weil 925-4755 948-1019 kweil(cD-billposs.com Gilbert Sancez 948-0597 grsaia(a-)_rof.net David Brown 925-2100 x2 david@strykerbrown.com Dylan Johns 544-9041 dylanml(q-)_hotmail.com Mary Avjian 927-7656 maa-architects@comcast.net Suzannah Reid 920-9225 John Galambos 429-1286 called to get input Sarah Broughton 544-9006 rowlandbroughton(cDcomcast.net Scott Lindenau 920-9428 stud iobsopris.net Stan Clauson 925-2323 clauson(cD_scaplanning.com Amy Guthrie x5096 am ryg(a)ci.aspen.co.us Sarah Oates x5441 saraho ci.aspen.co.us ,j L,,�, -�, I � ok ok ok ok ok ok ok ok can't make 4/15-ok to p ok ok ok ok ok HOMEOWNERS ASSOCIATIONS -ALL 249,000 OF THEM -ARE OUT OF CONTROL. THEIR DESIGN GUIDELINES NEEDLESSLY HOMOGENIZE OUR NEIGHBORHOODS -AND OUR NEIGHBORS. by Lawrence W. Cheek I live in a vast and meticulously planned com- munity east of downtown Seattle that purports to be an Eden for kids. The public schools in the neighborhood have a good enough rep- utation to have ballooned our property values beyond all logic. Our streets are crime -free, aside from the occasional petty vandalism. There are ample swatches of forest to provide a facsimile of wilderness. And there is enough ethnic diversity for at least a taste of the American cultural bouillabaisse. What's missing? Treehouses. A postmodern pergola to poke some fun at the halfhearted neo-Victorian pose of the houses. A joker face painted on a garage door. A riot of ornamen- tation, colors, additions, and outdoor art that would not only jazz up the neighborhood but also exhibit the individuality and imagination that supposedly distinguishes us as Americans. None of these, however, would be allowed. As in most developer -driven neighborhoods, we are governed by a homeowners associa- tion —or more specifically, its architectural control committee —that approves or denies new construction, remodeling projects, and exterior colors. Although the palette was lib- eralized two years ago to include more hues, not many homeowners have taken advantage. We're still awaiting the first flamingo -and - eggplant paint job and the first expression of any architectural eccentricity. The obvious effect of such controls is a numbing blandness and conformity: 3,000 anonymous housing units with negligible vari- ations in style and mood. Among the more insidious and far-reaching consequences is the message sent to children growing up in this environment. Philip Langdon articulated it in his 1995 A Better Place To Live, an incisive cri- tique of suburbia: "Children learn by watching adults. When they see the adults being told what color to paint their house, which tones of basketball backboards to buy, and where not to plant a garden, children can hardly avoid concluding that the scope of individual action in contemporary America is narrow indeed." COMMAND AND CONTROL Why are we granting powers to homeowners associations that we wouldn't dream of ced- ing to a city council, state legislature, or Congress? The clich6 is that people vote with their pocketbooks, and associations insist that their rules preserve property values. This may be true as far as maintenance issues are con- cerned; the whole community suffers if some- one's house starts to resemble Dogpatch. But almost invariably the associations also fold in provisions governing style, materials, colors, and site use. (Celebration, Disney's eight -year -old New Urbanist development near Orlando, Florida, even dictates the col- ors of residents' drapes.) Homeowners asso- ciations vigorously enforce design guidelines because their lawyers warn that if they let minor offenses pass, the code becomes legally unenforceable. Besides, there's always a retired colonel in the neighborhood itching to keep everybody in line. Lawsuits abound, frequently over absurd violations such as flag- poles. Backlashes erupt, and then sputter. One Seattle -area man spent $68,000 in lawyers' fees fighting his neighborhood asso- ciation over his house's paint job, and lost. Most people, however, tolerate the restric- tions, because while they say they cherish the ideal of untrammeled individuality, they're also frightened by it. Visual conformity conveniently masks the eccentricities that might dwell behind the drapes. Insofar as environment shapes character, neighborhoods like mine tend to dull the sharp edges of contrarian per- sonalities. I suspect that's why nobody is push- ing the envelope of exterior color: An implied social contract of conformity lingers even in the wake of relaxed rules. In the forest of thorny problems entangling the country, boring suburban neighborhoods rank nowhere near the top --particularly since many can be shown, by measurable indicators such as school test scores and property val- ues, to be working rather well. But 80 percent of new housing in America is being built with homeowners associations; there are now more than 249,000 of these quasigovernmental groups. A substantial percentage of the next generation of architects will have grown up in these neighborhoods. They may be able to change some attitudes from the inside; let us hope they're mad enough to try. Qa 00 0312004 � �� f � c �, 5 0 �,AgAbE La"�e) m �z�- e�;� u--Gl— T(Ds7PE:E-5- tt) I(ncs �Iuprf u G�c�1lc MAN If`V`'i . o o CX�O.= JJOC'' ' -Chre5hold rA�- • I Pj � V AP AJ-(GA— m OpqD vA�,A�.CO ;MOJVW FAZ, -�✓ �G, � owe c 2 0 10 Residential Design Focus Group, 05:01 PM 4/14/04, Residential Design Review Group Tomorrow To: Residential Design Focus Group From: Joyce Allgaier <joycea@ci.aspen.co.us> Subject: Residential Design Review Group Tomorrow Cc: Bcc: Attached: Greetings Everyone! Thank you for participating in tomorrow's work session on the City's Residential Design Standards. We look forward to hearing your comments and input as to how to make these regulations and processes better to address our goals for a better Aspen. I expect to have an open discussion about the core issues and hear your suggestions about them. What is working? What is not? How can we better address different parts of town, multi -family buildings, etc? After our work session I plan to report back to the council about our findings and recommendations so please come prepared to help structure our recommendations with positive ideas. Thank you again for your time and work on this! See you at 12 noon, downstairs in the Council Chambers at City Hall. We'll have lunch waiting. Joyce • St�/lp1 It V1 - 11V-t �_ G-� KA-#-fZAr('a-2 V I Printed for Joyce Allgaier <joycea@ci.aspen.co.us> 1