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HomeMy WebLinkAboutcoa.lu.ca.Residential Design Standards.0075.2004 -- /'...... ,,... City of Aspen Community Development Dept. CASE NUMBER 0075.2004.ASLU PARCEL 10 NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER SARAH OATES CASE DESCRIPTION RESIDENTIAL DESIGN STANDARDS CODE AMENDMENT REPRESENTATIVE SARAH OATES 920-5441 DATE OF FINAL ACTION 4/18/2005 CLOSED BY Denise Driscoll , . ~ R10 / P.w<:ejs y- eu.tom Fjeld. I F... I Fee 5......... I P_ _IOO752004ASLU iJ ApUSuiel Soofennitt M." I ROJPlil 5'_ 1 "clv'E~ 1 , lPermitlype ~ I -...1 , c.,.C 'Pefmit lriamation m M__I ij RouI..Q.....I."" _I ij 5'_1_ D.",,,,,,, rESIDENTIAL DESIGN STANDARDS CODE AMENDMENT S_ISARAfl DATES 920-5411 Clod< IR,""" 0... ro r V_on"'''''''? P."..'D, 1 = La. N....IClTY OF ASPEN Phone 1('l7ll1920.5OO) ij F...N.... r SGALENAST PEN CO 91611 FI ij F..N....I c",,_1=1 1'30 5 GALENA ST ij .ASPEN co 91611 Lad N....lory OF ASPEN Phone 119701920.500) Lend<. ~"nl _....t 1 E.............._ ? _1~=""IQ>-<dl""'O z;, _11110512004 ij -~4 ':>>,;)..:P-> l=edl J.;j FNlI J.;j E......11D131I2OO5 ij ecool1 0/1 ~ ~ 2!l on @1 Ii @ ,j' I!I ....... MEMORANDUM 1IlL.,. - THRU: Mayor Klanderud and City Council Chris Bendon, Community Development Director ~ Sarah Oates, Zoning Officer-SC) TO: FROM: RE: Second Reading of Ordinance No. 20, Series of 2005, Code Amendments-Section 26.410, Residential Design Standards. DATE: Aprilll, 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)(I): 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 Jnfill 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 eXlstmg 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 26.41O.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. Stafffeels 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 ,pecific context of the site. Staif 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. Statfalso has the ability to send a request to one o/the Commissions if we feel the proposal does not meet the standards. . Building Orientation, Section 25.41O.040(A)(I): 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 26.41O.040(A)(2): An issue that came up in Staffs 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 fayades. The proposal is to require build-to lines, only on the street fayade with the longest block length. . Secondary Mass, Section 26.410.040(B)(I): 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 lnfill Area. Staff has also added language that limits the width of the link in order to accomplish the intent ofthe standard. 2 -- - . Garage Setback, Section 26.41O.040(C)(2)(b): An issue that came up in Statf'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. StatJ 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 26.41O.040(D)(I): 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 claritication. . 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 fayade is permitted. StatJ 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: 41 b#<-,....~ ~. 3 ......0.."'" - 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 4 ..--.. . " ......... 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 approvc, 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 - '- Sections: 26.410.010 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. 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 fayade 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: I. Only the following standards shall apply to multi-family housing: Section 26.41O.040(A)(l), building orientation, Section 26.41O.040(C)(I)(a), access or, ifnot applicable, Section 26.41O.040(C)(2)(b), garage setback and 26.41 0.040(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 26.41O.040(B)(I), secondary mass, Section 26.41 0.040(D)(3 )(b), non-orthogonal windows and Section 26.41 0.040(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 26.41O.040(A)(I), building orientation and Section 26.41O.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 detinitions 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 (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 3 - .......... "-'" ... " 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. O. 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(0) 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 contcxt 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 ........ - stmctures, 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 "fayade 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. I. 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 26.41O.010(B)(4) shall be exempt from this requirement. 11;11/ / <-I__j Yes.,/ / ~ 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 fayade 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 ofthe house. Man-made berms are prohib-. ited in the front yard set- back. No B. BUILDING FORM. The 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. I. 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). q~- " '---.., .---.., ~, '>----. -- ' -' 6 .r""'- "'-...i" 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. I. 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 /""- x ---7' ~ ~ X' 5 ' -----;Y I . ~! ~Yt-lO \ t. 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 ofthe front ofthe 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'). least Size, maybe facade the carport entry the :!"~:;1 _/-/ --. / -...... - . /" . '--<:/ - ------ JI"alllllli ~ .---:- ,r. y* ~~~ .{"------ - ----0( 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 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 26.41O.0l0(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. Corner Lot --1' 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 (I 0'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight <;8' '><" 'I', 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. One Story Element~ .. .. . . 88 Q ~Principal Window. 2. First storv 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 9 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 fayade 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. IU 'ift "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 apply to 26.410.010(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) ofa building shall be entirely recessed behind the frontmost wall of the building. ! , I j Section \' "-- No Street 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. I. 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 slone. c. Highly reflective sur- faces shall not be used as exterior materials. Yes. 17- No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.0 IO(B)(2): a. If a one (I) 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. If... 11 =rn = D Then. - - I f I . , I I II~~ 1,.- I , , 1 i(J. . I , . .\'-5 , _I ~I~ I ;'12' 1- A one story building shall be defined as 0 ows: A one story mldmg s a 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 28th day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor 12 - - - - FINALLY, adopted, passed and approved this II th 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: 26.410.0 I 0 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrati ve checklist. 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 patternsc 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 fayade 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. Exccpt as outlined below +1his 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;c I -- - .- -- Lu_~~ Onlv the following "tandards shall apply to multi-hlmilv housing:_.sef!iQIl ,26.41 O.040( A)( I). building orientation. Section 26.4] O.040(C)(l )(al. access or. if nol applicable. Section 26.410.040(C)(2)(b). garage setback and 26.4]0.040(1)). building c;lcments. as outlined in said section Illr multi-familv buildings. 2.____earcels located wi1hill_<lnilDm:!jAJJ1~vithin the Aspen InfilI Area (sec Section 25.1()/+,Dcflnitions) shall be required to eomplv with all of the standards. 3:..._.__1',:l.LC~JS not.\Qeate_,ijT!_lh~_!"0pcn Inlill {\rea required 10 complv with all the stan(hlrds.."-};C:~.l21Jhc following: Section 26.41 0.040m)( I). secondary mass. Section 26.410.0401 D)( 3)(b). non-orthogonal windows and Section 26.410.040([\)12). inlleetion. in its entire tv.. 4.uu_..J-'.ciIc:c:l""with 110 strectji:gnJt,lg<; and parcels with front yard setbacks at least ten (10) ke( vertical above street grade shall be exempt from the folIowing requirements: Section 26.4 I O.040(i\)( 1 ). building orientation and Section 26.410.040(1)). building c I e}n~'p!~,jfl..i.I~..~T)tiLet.Y. 5. Residential units within mixed-use buildings shall be exempt fi'om the rcquirement of thjs Chapter 26.41 0 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 Plmming ~~(2lm11L111it.Y.J2fyeklP1nent 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 ofthe building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection ofa fence, and the application meets Section 26.41 0.040.A.3. 1:........_D_elifliti.Q.P"'~.l[J!lc:s~_otherwise indicated. the deiini.li.!)[!~-"f words used in thcse regu]atigns shall be the same as the delinitions used in Chapter 26.150 or the Aspen J'vJI).flic:lJlal Land Use Code. In addition. the J(lllowing definitions shall applv: Street. A_v\'tlv or thoroughfare. other than an allev. containing a public access ,,-'1sement and used or intended l()r vehicular, bicycle or pedestrian traffic. -rhe term "street" shall includeJ.h"_,,ntire area within a right of way. For the purposed 2 - -- ."""'"., '...-' of Section 26.410 slreet shall also include private roads, streets and access c;ts"cmcnts serving more th~}!"_QncJJ) parcel. 26.410.020 Procedures for Review. A. Determination of Applicability. Applicabilitv shall be determined at tbe time of building permit submittal. The applicant may request a pre-application csmJi;Ic}lc-,JQ"_~lc.tcJ:!!!jn"",Jfle-~;ffi'l'm1unity-De"'el opn1ent-9iree-tffi.-aHi-j'JFe-apI*i€aWlfl ~-'Bl1k"reflce :;hall make a determin;'.lion as to whether the proposed project is exempt from the requirements ofthis chapter~~ i:; determined that the de:,ign review :;!,andurd:; :;he.ll appIy"tEHhc"pH+pHs"Elt}l'o:i€"h-theiit'>fllican~e;flatl-reeeive-an-Elj7t,ti€ffiitm-1(+1'#1-f(lf RCfiiElcntial"Design Standard,: review. which .~hall include;: copy ol'the ;:dmini:;trativc check Ii",! referenced at Section-Mr.4++I~ B. Determination of Consistency. l.clpon receipt of an application fllf Re5illentia1-Ik:iign Standard:; review, the Communi:)' De\"elopment Director :;hall determine ifthe devefopment plm: i.: eon.:i:;tent with the Re:Jidential Design Standards set tBr:h at See:ion 26.'11 O.010.ConsistencY with the Residential Design Standards shall be determined at the time of building [leLm,is review. The applicant mav requcst a pre- 'lmlJjc_aJi,(jrl.c.Q[lIi:rc_ncgJSLdc!ermine 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. ui-"~IInin,istrative Variances. The applicant Olav seek an administrative variance for not more tban three (3) of the individual requirements. An appl icant who dcsircs g_ vari,mce li'om the Residential Dcsign Standards shall demonstrate. and the ('9\DD1(ID.i!YJ2>:0'>:I.S)[lD1"cnU)jI'~(;tc)LShall find that the variances. iCgrantcd. wQ)lld~ a. Provide an appropriate design or pattern of development considering the eontcxt in wbich the lkyelopmcnt is proposed and the purpose of tbe 11'1l~tiS_lt!;lL~ta!]sl'!!:,LJlL~y"!!I((!!Jing thc context as it is used in th~_cJilcx,i~, th~ lli[(;(;tor JnaY_Sim:::i,[~LJi}e_relationship oj' the proposed development wilh ;tdiaeent structures. the immediate neighborhood setting. or a broader vicinitv as the director [eels is necessary to determine iJ'the exception is warranted: or. b"" Be clearly necessary [i)r reasons of Cairness related to unusual site-speei fie constraints. I"hcJ,:s"l!Dl\miS}'_I?S;YS;J.Q[l"Dlc"nt J2iL"<.ct<lr_ shall provide the PlannillJL,'lnd Z~n iTlg C;ol11ll1ission an annual reporl oj' approved administrative variances. 3 - - ........ ,-, 2. Variances from the Residential Design Standards, Section 26.410.040, ~yhi~h_9_<2:Dot meet Section 26.41l1.020(l21mayaboye may be granted by the Planning and Zoning Commission, the Board of ,^.dju:;tment 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: +-Cit_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,h,_______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 ofthese design standards is to encourage residential buildings that address the street in a manner which creates a consistent "fayade 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. I. 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 /1/ / / ;' Yes. / "- ./ ~ 4 .-.... ......",.or the midpoint of the arc ofthe street.....I)iJffc'lsJ,,,_olJ1Jim,,Un Sc'L'tion~(?_:u.Q))J(!mll41 shall be exempt from this rctluirement. One element, such as a bay window or dormer, plaeed 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 fayade shall be within 5 feet of the minimum front yard setback line. (.,)fH)HfflBr--sites,-al-leasl-6H% uf both ,;tree! facade;-; of the hutldin;; ;;hall be within 5 IC€Hll'+oo-m1RtHH.lm-sethll€k hnt's_()11L'_()1:I]c'Llt~t~,Jhi s s ta n dard s!mll bCIllCJ_()ll tlte frQ!!.tflgc'y;ilhJhe [onnest block lc11l.!th. -~----_._----_._._._.. 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. ~ '" ..," No. B. BUILDING FORM. The 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 sinole llmlilv and _____"_"__"._"."____.o=.:_"._"___........_~.__. ,h.lJ2!.c;"".;:ijI!lc;.tur",~_ncw structures shall locate at least I O'!I" of their total square 1(1Ota~c above orade in a mass which is .t:.__---'-_ ____.__. <,:Qmpletelv detach<;!Ltmlll the principal bLlildin~. or linked to it bv a subordinate conncctino clemen!. .,.._._._...;_._--'_._~-_._-"-_._.;.------- .1l1i.s;:iblll'.1,lLC!::;ha I '-cm I}' apply to parcels within the !\.spen lnlill Area pursuant to :)<,:<,:lil,JU;(!.:+.LQ,QJQLIDC;21 ~~- '--... '--... - ',>--- . ---- ' --' 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-secondarv mass shall be defined as an clement not more than ten (10) feet in width and ten (10) feet in len~th with a plate height of not morcthannine (9) feet. Linked pavilions six (6) feet in width ,md ten (10) fec;.Lix! 1<':11g.th.,~!mJLh.c<':c,.c;_ll1Jl.Ln:Qll.l.S_ecjJ.Q!!.29. 51.5.02 O( A )( 8). See,.mdlll')C.n'lttfn.-shaJ.l-he-d-e-l-ffied--as-nll clemel~t not be:;:; Ihan .:iK (6) feet in width and ten (10) feet in length \'.ilh a plate height oj" not lRere thanninD(-9-)-k>eh 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. I. For all residential that have access from an alley or private road, the following standards shall apply: 6 J'.. ~... " ,oF 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 puWiB-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. .-""- X ---7' /'-).;. x. s ' ---;Y I . ~l "'twf I t. I . I , 1 h.", 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. 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). --"!;l /// .----/ - ----......... +- x-f-;'x.s'-t' c. On lots of at least 15,000 square feet in 7 ~H'" """..... 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'). Jllllalllnlr ,t'~ J* ~~-=I ,jL------ ----co( 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., :nre--gHl'age-dool'S--Slnill be 'Jingle :;lall door:', unlc,;;; tjqe-garage-OH('fs-aTe-f1f~tb-k> fftHll uny puhlic :;tfee: or dlcy, in '",hieh ca;-;c the garag.c door,; may be either o;inglc :;tall door:; or-lli-l-f!tlitI dO-llble--slul.l-d.*)fs., 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. I. Street oriented entrance and principal window. All single-family homes,-tBWfl-; h,'ust's,-and duplexes. cxcept as outlincd in Section 26.410.01 DeB)( 4 )-shall have a street- oriented entrance and a street facing principal window, Multi-familv units sh;!!lJ1!LYtO_i11 le;15t()Jle street -orien1ed entraTl<:_<:J~!Lgverv !<JUr (4) units. ilJ,llLfrl,)l1J units must have a streel-Iflcin~ principal window. In :he ca:;e of lov;nhou:Je;; and Heees-stlf)'-HHtts-falo-tng-t'OHflcyaros-or-gH-Foen",-entr-ies-HHd pri nci pal ",-indo.....:; ,;ho uld face lhHse-.fto1HHlt'!+, 8 On corner lots, entries and principal win- dows should face whichever street has a Corner Lot I' / ~,,,......, ..~~.h v -... ""~~..... greater block length. ~ Multiple un-iHesidential bui Iding~ chall ha',c al least one :;treet~ oricnted cntrance Cor c\"Cry four ('I) units, und fi'nnl unit:; mu:;l hay" a :;II'C0: Cueing prin{Ojpal--wi-Hdewo 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 '>K. b. A covered entry porch of fifty (50) or more square feet, with a minimwn 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. One Story Element-+ 2. First storv 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 Tf 12,1 9' 9 '8'S' '. . ~. .' '.: -.' .'- o .u . , ...- /- "No window . . zone" <-Pl'inCijal Window. ".".'..... ....._,; 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 fayade 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. A-l-l-ffif-e-e: lacinb urell:; with-an cxtcrior e"~()n,)fj7late-"height-gK"itl€l'-thf\n ten-(-1-(.l}-lc€+"shn11 be cOllnloo-as-tWB f') :;quarc lect for each onc (I) :;quarc l(lHtof Iloor urea. Exterior cKprc:.;:;ion shnn..hedelincd a,; 1i.1Ca<.4e-j3elrelffitions llelwee+H'lfnc (in and twelve+l~) lCet nOO-ve"lhc Ic\cl of Ilr:i.~hcd nOOf. b. No more than one non-orthogonal window shall be allowed on each facade ofthe 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 llpply to S"giDn.2~i,.'Il (J.D 1 (J(B)(2). 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) ofa building shall be entirely recessed behind the frontmost wall of the building. I , I j "\ 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. I. 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 extcrior materials. No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or overand ,IS 9ullined in Section 26.410.01 0(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. Ifthere are one story buildings on both sides Yes. II =133 = D ,....... ...J of the subject site, the appli- cant may choose the side towards which to inflect. If... I . ! I R:~ ..-J ~12 , Then. I I If i(J. _ . i ;'IZ'') I I I , I , L 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 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 conf1ict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements o/the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be 10 cont1ict 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 trampOrlation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacililies. 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: Staffs goal is that the proposed changes will create more compatibility within neighborhoods.. J. 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: StafJ 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. 2 - ,..... -'"'"' [-,(h ,j:nt 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. - "..'. ....... """/ · 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-1amily 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 tile 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 - - ...." ......,1 . 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 m100r code amendments affecting changes to the Residential Design Standards. 3 /, L)thl b~t D ASPEN PLANNING &C>NING COMMISSION -Minu~-MARCH 15,2005 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 29'h. 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 29th and the next meeting. Tygre stated this was important to the commission for the decision making process. MINUTES Jack Johnson moved to table and continue the approval of the minutes from February 1" and 22nd to the next meeting; seconded by Ruth Kruger. All infavor, 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 &~NING COMMISSION -Minu~-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 26.41 () 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 // ~1J .~---.J fif p I I o 1,2502,500 A~pen Infill Area \'-r. \ ., "', \ , i \ '---- . v.. "'\ ~ \..---. r I 5,000 Feet - - LOT WITH FRONT YARD SETBACK LOCATED HIGHER THAN 10 VERTICAL FEET ABOVE STREET GRADE ( " fi ~ ~ f f? '" ~. ..' Bi .,. .. 1 Castle Creek ......~ """", "e]; ----- IA... ~'O~.; ~#-~ (--./ ,:.;;t ~~i' "*', "?'/~,.;"'lffl'~ ~ "",,< NCIS Sr '-' '" i! if Ii; '" ~ '" i! i5 ~ ~ ~~ RA.NCI SSr ! , " ""'"".. t; t '" '" -'!"-" '..", "<Lu, I\1S7:.. ! I t; i! --if . ar '" .- weLt:: €J{12R S/-k ! I ! , '" '" i! --~ /jf'---- '" ----- Lot with no street frontage '" "-t4INsr ! " '" if '_ iJ: ----,_0 r-- , ! ~ '" ~V\ \ aw. MEMORANDUM TO: Mayor Klanderud and City Council Chris Bendon, Community Development Director ~M Sarah Oates, Zoning Officer S(:, First Reading of Ordinance No.:ll2. Series of 2005, Code Amendments- Section 26.410, Residential Design Standards. Second Reading Scheduled for April II tho THRU: FROM: RE: 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 AmendIm:nt, 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, Staffhas 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. ~ . Defmitions, 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)(I): 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 fayades. The proposal is to require build-to lines, only on the street fayade 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. 2 ""'........ '-' . 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 fayade 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 ofthe administrative approvals. RECOMMENDED MOTION: "I move to approve Section 26.410, Residential Design Standards, as proposed in the Exhibit A." CITY MANAGER'S COMMENTS: ~ ~ C'I-/.hr/~ o -tJ Attachments: Exhibit A: Proposed Code Amendments Exhibit B: Review Standards Exhibit C: Memo to City Council from Joyce Allgaier dated July 19, 2004 3 ~ ,- ........, ORDINANCE NO. m (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 ..-. '-' Sections: 26.410.010 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. 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 ofthe front fayade 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: I. Only the following standards shall apply to multi-family housing: Section 26.41O.040(A)(l), building orientation, Section 26.41O.040(C)(I)(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. (I ') 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 26.41O.040(B)(I), secondary mass, Section 26.41O.040(D)(3)(b), non-orthogonal windows and Section 26.41O.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 26.41O.040(A)(I), building orientation and Section 26.41O.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: I. 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 26.41 0.040.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 (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 3 ....,.., ,"."",'" 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. I. 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 offairness 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 26.41 0.020(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 "fayade 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. I. 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 26.41O.01O(B)(4) shall be exempt from this requirement. If77 Ii; / IVi Yes./ / Yes. ~ 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 fayade 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. No B. BUILDING FORM. The 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. I. 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 26.410.0 I 0(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. I. 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 ~x ---;Y ~~X'5'-;;Y I . -rl :;,y...f I t. 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). least size, maybe facade the carport entry the 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. j"1I"::;lIImr 'F'~ J* e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). ~- -----K 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 elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 8 , . I. 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. Cotner Lot ,,]/ Block Length x 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 <;:8' ')t""' 'I', 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. One Story Element--+ @l'S '. . ..... :' "-.: .D. . . . .,....,.,... - <---Principal Window. 2. First storv 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 9 "" "'-,..,;' 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 fayade 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. IU 1ft <.'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 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 j ~~;;. Section i "---- No Street 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. - ':-r= No. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.0 IO(B)(2): a. If a one (I) story building exists directly adja- cent to the subj ect 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. If. II =85 = o Then. - '-' "...,.... I I I , I I I [~ 1,.- I , , 1 i(J. '.. I , , -l---j , _I I ;'12' 1- ';}:12 A one story building shall be defined as 0 ows: A one story Ul 109 s a 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 28tl1 day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor 12 - -- - - FINALLY, adopted, passed and approved this 11th 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 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. 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 patternso 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 fayade 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~o -. ....., .......,.,,!' 1. Onlv the following standards shall applv to multi-familv housing: Section 26.41O.040(A)(l), building orientation, Section 26.41 0.040(C)(I)( a), access or, if not applicable, Section 26.41O.040(C)(2)(b), garage setback and 26.41O.040(D), building elements, as outlined in said section for multi-familv buildings. 2. Parcels located within and partiallv within the Aspen lnfill Area (see Section 25.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in thc Aspen Infill Area required to complv with all the standards except the following: Section 26.41O.040(B)(I), secondarv mass, Section 26.41O.040(D)(3 )(b), non-orthogonal windows and Section 26.41 0.040(E)(2), inflection. 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 26.41 0.040(A)( I), building orientation and Section 26.41 0.040(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 ofthis section unless the Planning Communitv Development Director determines that the proposed development: I. 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 ofa fence, and the application meets Section 26.41O.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 followin" definitions shall apply: Street. A wav or thoroughfare, other than an allev, 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 ri"ht of way. For the purposed 2 ,.,..." "'-... ,"'-'" ,.... of Section 26.410 street shall also include private roads, streets and access easements serving more than one (I) parcel. 26.410.020 Procednres for Review. A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant mav request a pre-application conference to determine The Comm,mity De'lelopmefll Director at a pre application confcrence shall make a determination as to whether the proposed project is exempt from the requirements of this chapter. If it is determined that the design review standards SHall apply to the proposed pro-ject, the applicaRt shall receive an apfllieatioR form fur Residential Design Standards revie'A', wl'liCH shall inelude a copy of tHe administrative checklist refcrenced at Section 26.110.030. B. Determination of Consistency. Upon receipt of an application for Residcntial Design Standards reyiew, the CommHnity Developmefll Director shall detcrminc if thc development plan is consistefll with the Residential Design Standards set forth at Section 26.11 0.010.Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant mav 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 ofthe 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 mav 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 pmiicular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adiacent structures, the immediate neighborhood setting, or a broader vicinity as thc director feels is necessary to determine if the exception is WaITaJ1ted: or, b. Be clearlv necessarv for reasons of fairness related to unusual site-specific constraints. The COlnmLmitv Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 3 ,....-'" "'...".,,,. ,,,<I' 2. V ariances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(0) mayabove mav be granted by the Planning and Zoning Commission, the BOllrd of /.djuotment 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: -hL-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, ::hL-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 "fayade 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. I. 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 117 ~!/ - / ~ 4 - -...; the midpoint of the arc of the street. Parcels as outlined in Section 26.410.0 I Om)( 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 [rom the street if desired. 2. Build-to lines. On parcels or lots ofless than 15,000 square feet, at least 60% of the front fayade shall be within 5 feet of the minimum front yard setback line. OR cornor sites, at least 60% of both stroot facados of tho huilding shall bo within 5 feet oftRe miRimHm setback Jffies 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-o ited in the front yard set- back. , #' Yes. I No. Yes. I ' ! I il]~I~ I d I :i------- ::.: 1:--:..-1:-. --.--t No, B. BUILDING FORM. The 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 JIff".'.... ....." ....,.#' I. Secondary Mass. All new single familv and duplex structures new structures shall locate at least 10% of their total square footage above grade in a mass which is completelv detached f)'om the principal building. or linked to it bv a subordinate connecting element. This standard shall onlv apply to parcels within the Aspen Infill Area pursuant to Section 26.410.01 0(8)(2). q~" ~ ~ . ,0 ----, ----. .----. - - ',>--' --- ' ---- - 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 morcthan nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be cxempt from Section 26.575.020(A)(8). Secolldary mass shall be de filled as an elemelllllot Lcss than six (ll) feet iF! width and ten (10) feet in length with a plate height of Ilot more than Ilille (9) fcot. 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. I. For all residential that have access from an alley or private road, the following standards shall apply: 6 - ....... - 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. ~x ----;;Y ~~X'5'--;Y I . r! ~Y+ld \ t. I . I . I .l2... 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. +-- x-f'-.;,x.s'.y c. On lots of at least 15,000 square feet in Slze~ 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). 7 -- ....... 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. C. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). Jlla11ll1r Lii -----== '1 y* 1-=..~4 -t~---~ ------,of 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 garage doors shall be single stall doors, unless tile garage doors are not visible from any pHblie street or alley, in whieh case the garage doors may be either single stdl doors 01' normal double o;tall 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 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, tovm, houses, and duplexes, except as outlined in Section 26.410.01O(B)(4}-shall have a street- oriented entrance and a street facing principal window~ Multi-familv wlits shall have at least one street-oriented entrance for everv four (4) units, and ti-ont units must have a street-facing principal window. 111 tile case oftov.llhou:;es atld acces:;orj' unit; facing cOHrtyards or gardens, entries and prineipal windows should face those features. On corner lots, entries and principal win- dows should face whichever street has a Corner Lot 8 V / RI"..... I Annth </ -- ....... greater block length. MHltiple lHlit residsntiallmildings sHall Have at leaGt one street oriented entrance for every fom (4) Hnits, and froll! Haits HlHGt Have a street faciag priaeipal winclow. 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. One Story Element--+ 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 ff 12' r 9' 9 8'[3 '. . ..... -' ,., ".' ." ,0, . . .....;...,.... .U ~. . ~ - /- "No window . - zone" / <- princilal Window. ........ - 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 fayade 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. /\.ll street facing areas with an exterior expression of plate height greater thaR ten (10) feet shall Be cElI;\Hled as two (2) square feet for each one (I) square foot of floor area. Exterior e)[pression shall be defined as facade penetrations between Hine (9) and t'selve (12) feet above the level of finished floor. b. No more than one non-orthogonal window shall be allowed on eaeh facade ofthe 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 onlv applv to Section 26.410.01 0(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 j i 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. I. 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. No. 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 (I) 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 =85 = o 11 , ~ of the subject site, the appli- cant may choose the side towards which to inflect. If... Then. I I I . I , I ~ If I I , \ i(J. r- . I . . _I i ~12.j 1- ~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. 12 ;t#"'''- ,..... 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 A,pen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be III conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considerin[< 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, park\', 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 si[<niticantlyadverse 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 A,pen. -- '-' 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. 2 "....... ''''''' , ~,b,r 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 Staffs 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 tmly 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" thefront ofthelot 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 1 0 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 m100r 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 fmds that Code Amendments meet or exceed all applicable amendment standards and tllat 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 fmds 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 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. 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 fayade ofa 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: I. Only the following standards shall apply to multi-family housing: Section 26.41O.040(A)(I), building orientation, Section 26.41O.040(C)(I)(a), access or, ifnot 2 ....-..... -- - - applicable, Section 26.41O.040(C)(2)(b), garage setback and 26.41O.040(D), building elements, as outlined in said section for multi-family buildings. 2. Parcels located within and partially within the Aspen lnfill 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 26.41O.040(B)(l), secondary mass, Section 26.41O.040(D)(3)(b), non-Olthogonal windows and Section 26.41O.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 26.41O.040(A)(l), building orientation and Section 26.41O.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: I. 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 26.41O.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in tllese 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 (I) parcel. 26.410.020 Procedures for Review. 3 ,...... --... v '-' A. Determination of Applicability. Applicability shall be detennined 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. I. Administrative Variances. The applicantmay 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 26.41O.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 tile 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 stmctures, 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 "fayade 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 ftom the street. I. 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 tile midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. Ill'.", III F / .:,. Yes./ '. / ~ 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 ~" i No. I '?] I I ~1~lul jiJ.....j............+. ....f --- ......,. parcels or lots of less than 15,000 square feet, at least 60% of the front fayade 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. - --- No B. BUILDING FORM. The 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. I. 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 26.41O.010(B)(2). ~~~ '----.. '----.. ' '>-.-' ~- . 6 - """'" r"-"'. ...,.,,,",,,' 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 (I 0) 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. I. 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, tile 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 Ii ving area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. ~x -7 /-;;:-x-,,'---7' 7 .......'...., - ",""",,", ,...",' 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 (IO' 0") further from . the street than the front most wall of the house. I . 7(-! ';'Y+ld I t. c. On lots of at least 15,000 square feet in SIze, -l~X+';'X'5'-t the garage or carport maybe forward of the front facade ofthe 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. Jm:;;llmr e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). . ~~ --:?~ .j-'--- 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 ..'~- .....,. ...-", ...........J elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. I. 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. Corner Lot I' /" Block Length . r / 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. <i8' ~ 'I~. One Story Element--> 9 .'iqJl . ~.' 10. [;J. ,0, . . . . .....-..,.,.... <---Principal Window. ,-, "'-" ,""".r 2. First storv 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 tile 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 (I 0) 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 fayade shall not be precluded. 3. Windows. 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). 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 (I2) 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. 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 j I'~U ff$" '-'No window zone" Section "\ '----- No Street 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. ] . 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. No. 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. No. c. Highly reflective sur- faces shall not be used as exterior materials. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.0 I 0(B)(2): a. If a one (I) 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. Ifthere are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. =EB = o If... Then. II ".- '-' I I I . , I I [~ If I , , 1 i(j. ~ . I , , _I i ~IZ'"'j 1- ~1Z: 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 nllly 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 ailY 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: -D~ City Attorney lJr Jasmine Tygre, Chai:~ ATTEST: 12 ........ "-' ~ "......... 13 ,...." "......, ,-, ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (El, ASPEN LAND USE CODE SCHEDULED PUBLIC HEARING DATE: pen, CO ADDRESS OF PROPERTY: ,200_ STATE OF COLORADO ) ) SS. County of Pitkin ) - , ell- I, ~ C1. INt~....<:: L./j),s (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: X 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 Cornmunity Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inchts wide and twenty-six (26) inches high, and which was composed ofletters 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. 7 ~ Mailing of notice. By the mailing of a notice obtained from the Cornm,nty 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) r-- ,..--., 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 (I 5) days prior to the public hearing on such amendments. ~~~-<<oIi- ature The foregoing "Affidavit of Notice" was ac~w2e~ befl(re me thisf8 day of ~ ,200..2, by )-.., ~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: t' '. \: SARAH OATES PUBL/eNQ CE RE' CITY OF ASPEN LAND USE CODE AMEND- MENTS - RESIDENTIAL 0 rGN STANDARDS _ SECTJON26.4JO NOTICE IS HEREBY GIVEN that 11 public hearing will be held on MOIll-Jay, April ii, 2(J()5 at a,llIeetingto begin aI5:0(j p.m. before the Aspen City COUIlCll. Council Chambers, City Hall, I:JQ S. Galena St., Aspen. to consider amendments to Section 26.410. Residential Dt'sigll Standards of the Aspen Municipal Code For further information, contact Sarah Oates at the City of Aspen COfmUllitY Deve/opmen! De- !)=r~ment. 130 S. Gall'll St.. Aspen, CO, (970) 129-. 2161.saraho@nilspen. .lIS. /HelenKlanderud,Mayor AspenCitYCouncll Published in The Aspen Times on March '27. '2()(I.') (253.')) Notary Public ATTACHMENTS: PY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL " . 1LA. -;-~.., ........ MEMORANDUM FROM: Aspen Planning and Zoning Commission Joyce Allg~f.\Srputy Director Sarah Oates, Zoning Officer SC:> TO: THRU: 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 26.41O.010(B)(I): 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. Statffeels 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)(I): 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 fayades. The proposal is to require build-to lines, only on the street fayade with the longest block length. * . Secondary Mass, Section 26.410.040(B)(I): 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. ~ 2 ~ -k., . ~ ~~ --;::::::- ~. ~ . '"' ............ . Garage Setback, Section 26.410.040(C)(2)(b): An issue that came up in Staffs 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 26.41O.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 26.41O.040(D)(3)(a) and (b): Staff has eliminated the language regarding the 2: I 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 fayade 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 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 _ to _ L-~ 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 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. 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 fayade 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 ofthe 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: I. Only the following standards shall apply to multi-family housing: Section 26.41O.040(A)(I), building orientation, Section 26.41O.040(C)(I)(a), access or, ifnot 2 ",,~,' applicable, Section 26.41O.040(C)(2)(b), garage setback and 26.41O.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(8)(1), secondary mass, Section 26.41O.040(D)(3)(b), non-orthogonal windows and Section 26.41O.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 26.41O.040(A)(I), building orientation and Section 26.41O.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: I. 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 26.41 0.040.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 (I) parcel. 26.410.020 Procedures for Review. 3 __,~",""^~ <'""_"''''''~'''_~'._~.~_;v . '.",,,"' 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. I. 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. ~ 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.41 0.020(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 '.y,.,,' 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 "fayade 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. I. 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 26.410.0 I O(B)( 4) shall be exempt from this requirement. Yes. No. I . . I I~ -1..i~1 ff7 OJ / ojj Yes./ / ~ 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 ofless than 15,000 square feet, at least 60% of the front fayade 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. No B. BUILDING FORM. The 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. I. Secondary Mass. All new single family and duplex structures shall locate at least 10% oftheir 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 26.410.0 I 0(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. I. 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 ~x ----;?" /--;PX<5'----;/"" I . -T-l .,)Y+-IO' i t. 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). ~>;-1 ,/./ --. ------ /' ----. /' . .-----/' - ----- least SIze, maybe facade the carport entry the 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. Jm:;;;lIIlIIr ~ ~~r'" y* e. The vehicular entrance width of a garage or carport shall not be greater than twenty-four feet (24'). ..j------ ---A" 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 elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 8 ,-.. "-' .- .'" ",-,I I. Street oriented entrance and principal window. All single-family homesand duplexes, except as outlined in Section 26.41 0.0 I 0(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 comer lots, entries and principal win- dows should face whichever street has a greater block length. Corner Lot ..-1' 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 ,,8' >r:. 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. One Story Element~ DTO . Ic.:ll: . ~ -0- - - - -._n_..,,_. ~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 9 "",-.", , 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 fa9ade 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. I-U "1ft '-'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 apply to 26.410.0 I 0(B)(2). i , I j Section 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. t '--- No Street 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. No. 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 26.410.0 I 0(B)(2): a. If a one (I) 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. =83 = D If... Then. II I I I , I I I I-r- I , I 1 i(J. I , ~ . _I ="\ I ;.: 'j L ~IZ: A one story building shall be define as 0 ows: A one story Ul mg s a 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 Jasmine Tygre, Chair ATTEST: 12 Jackie Lothian, Deputy City Clerk 13 . , EXHIBIT A CHAPTER 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 26.410.020 26.410.030 26.410.040 General. Procedures for Review. Administrative checklist. 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 patterns7 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 ofthe 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 fa9ade 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. A voiding 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. ExcelJt as outlined below +!his 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; 7 ."....., ''"';.....' 1- Onlv the follo'Wing standards shall applv to multi-lilmilv housing: Section 26.4 1Cl.()4()(A)( 1). building orientation. Section 26.41 0.040(C)(1)(a), aceess or. if not applicablc. Section 26.41 0.040(C)(2)(b). garage setback and 26.41 0040(D). building e1cments. as outlined in said section for multi-familv buildings. 2. Parccls located within and partially within the As!)cn lnlill Arca (scc Section 25.104. Definitions) shall be required to comply with all of the standards. ;t Parcels not located in the Aspen Inllll Area required to comply 'With ull the stundurds exce!)t the follo'Wi1H.~: Section 26.41 O.040(B)( I), secondarv muss. Section 26.41 (l.()40(l))(3 lib). non-ortho\(onal windows and Section 26.41 0.040(E)(2), inJlection, in its enti~ ::1- Parcels with no strcet frontage and pareels with front vard setbaeks at least tcn (10) feet vertical above street fJ.rade shall be exempt from the following requirements: ~cction 26.41 0.040(A)( I ). buildin~ orientation and Section 26.41 0.040(0), buildin~ ~lements. jn its entirety. 5. Residential units within mixed-use buildings shall be exempt from the requirement of this Chapter 26.410 in its entiretv. 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 Plmming Communitv Development Director determines that the proposed development: I. 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 26.41 O.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words llsed in these re~ulations shall be the same as thc definitions used in Chapter 26. I 50 of the Aspen Municipal L,md Use Code. In addition, the f()llowing definitions shall apply: S.trcct. A wav or thoroughfure, other than an alley, containing a public access easement and used or intended for vehicular, bicvcle or pedestrian traffic. I'he term "street" shull include the entire area within a right of way. For the PlIflJosed ~,,".....- . " ",""","", ofScction 26.410 strcet shall also includc private roads, streets and uceess <':!l;;ements serving more than one .Ll..l.mtrccl. 26.410.020 Procedures for Review. A. Determination of Applicability. Applieabilitv shull be detcrmined at the time of building lJermit submittul. The upplieant may request a lJI'e-application conferenc.... to determine Thc ComnllHtity Development Director at a pre applicattHH confcrence :;hall maLe a determination as to whether the proposed project is exempt from the requirements of this chapter. If it i:; determined that the de:;ign rcyiew :;tllndard:; :;hull fljlftl.y-to-the-J*opo:;ed-project, the applicllllt shall receive lHl application fiJl'm !-B-1' R....sidentiul De:;ign Stat'l(-ltlfthHe-v-ie....7Which :;hall includc a eopy of thc [~dministrati ve checkli:;t rcferefl€ed at Section 26.'11 0.030. B. Determination of Consistency. Upon receipt of an etpplicution fiJr l~i-clcntial Design Standards review, t1~-ommHflit) DC\elopmcnt Diroctor :;hall determ ine if the deyclopment plan i:: conc:i:;t....nt '",ith the Residential De:;ign Standard:; c:ct f0l1h at :.iection 26.'11 (J.()10.Consistencv with the Residential Design Standards shall be determined at the time of building pcrmit review. The applicant mav request a IJre- rlJ)JlJjcation eonkrence to determine consistency with the requirements ol'this chapJer. 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 Variunces. The aPDlicant muy seek an administrative variancc till' not more than three (3) of thc individual requirements. An applicant who dcsircs u vuriunce Ii-om thc Rcsidential Design Standards shall demonstrate. and thc ~'.~1l11mtlllitv Development Director shall find that thc varianccs, if grunted, would: a. Provide an HPl)\'()JJriatc design or pattern of development considering the context in which the development is proposed and the lJurpose of the p_articlllur standurd. In evaluating thc context as it is used in the criteriu. the director may consider the relationship of the Droposed development with adiaecnt structures. the immediate neighborhood sctting. or a broader vicinity as the director feels is necessary to dctcrmine ifthe exception is warrantcd; or. IL_Jle e1earlv necessary for reasons of fuirness relutedtSl_\!!!l!~\!,IL;;Llc_:'iJ2.ccific ~9I1straints. ;_,______ Variances from the Residential Design Standards, Section 26.410.040, ~vhich do not meet Section 26.41 0.020(DlfllaJabove 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 _~..____"'4<._. :.., ,_..~.",,~~--~-<~..,".~-_...."._#__. ,...,..~ '-' 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: Lh_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, 2J;>,____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 "fa9ade 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 S~.l:tign 26.:l10.010(B)(4) shall bc C};L"IDpJ from this relluirement. .... r,.'..y.......j III 11/ '.. / '-..j Yes. / / Yes. ~ ",,-q-,", ........... 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 fa9ade shall be within 5 feet of the minimum front yard setback line. (,)n corner site~;, at lea~;t GO% of both ~;treet faeade~; of the building .;hall bc within 5 le<4-ic,f-l-h"-fHffiil1lum :;etback l-HWS_~)Jl corner lots. this standard shull 1'.L:.ll1e) 011 the [j-ontuge with the 19nilest block lenilth. 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. Noo B. BUILDING FORM. The 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 ofT of the City alleys, and by preserving solar access. ,....... '-" 1. Secondary Mass. All new single familv and ~luplex structures new struetures shall locate utleast lO(r,} or their total squal'e footuge above grade in a mass which is colTIDletelv detached from the principal huilding, or linked to it by a subordinate ~_9nnecting clement. This ,stundard shall on Iv apply to parcels within the Aspen Inlill Area pursllunt to S~_ctiJ-J1L26.41 0.0 I 0(!ilL2l ..... ......... ......... -' '>-.~ ~- 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 1J1ate height of not 1110n~than nine (9) fcet. Linkcd pavilions six (6) feet in width and ten (10) feet in L~J)illb shull__be exenllit !Tom Section 26.575.020(A)(81. S<;condary l11a[;~; shall be defined as an-element not Le~;s than :;i:( (6) feet in width and ten (10) feet in length with a plate height of not more than ninc (Ii) feet. 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 streetseape 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. ---_.__.-----"......_--~.'__.--. J."..... ....",,.... b. If the garage doors are visible from a publie 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. ~x ----7' ~-?>x,,,'-/ I . 7(-! ;;'Y+ld I t. !h. 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. 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). _. ~J- /,/0' ~ /- . .-----/' - ----- ,f-x+n."-t' e. On lots of at least 15,000 square feet in d. When the floor of a garage or carport is above or below the street level, the driveway cut within the front r:;llmr - ~ ~,r y* __,,~~+,.,.~~,~,.w..,____.....~~.. ,<</ 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'). ~ ---x 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 garage door~i :;hall ee-stHble ,;tall door,;. unle,;,; the-gaFagtHleffi',; me not visible from-any-public ,;treet or alley, in wlti€1+-€iI:;e the g;:ragc doors may be ei+l1€l'-~-stall door,; or normal d,mltle-c;tall doOl'S-o 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, ,own, h,'ltI5es,and duplexes, except as outlined in Section 26.41 O,(Jl 0(B)(4)-shall have a street- oriented entrance and a street facing principal window, Mlllti-fmnily units shull huve at [gast one street-oriented cntrancc 1<'>1' every four (4) units, and front units must have a street-!iicing principal window. In the ea:;e of townhou"c;; and a€t'€Ssol7~Bffit;;--f!leinb courtyard" or barden,;, entries !lRd flrinciflal v.indcJ',y" ,;hould faee those features. On corner lots, entries and principal win- dows should face whichever street has a greater block length. I i Comer Lot I' ,/ Block Length v /! "'",..J 1\ bltiple unit residential buildings shall have at least oIle street oriented entrance for cyer) l'our (1) units-, afltl-t-font unit; mu;;t have a ;;tree! faeing !3f-tooipaJ- ,...indo~ 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 >K <8" 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. One Story Element--+ . rpl. '. 1qJ..' 10. I:J ,0, . . . . .",,". <-prinCi1al Window. I 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 ofthe 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 q .u . , .-.. . .... '" element, however, accessible space over the remaining first story elements on the front fa9ade 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. 12' 9' "No window zone" A+l-street faeing ar-eas--with an eKterior e-x-j'1fe~;~;ion of-jltate height greater than lefr( I 0) feet ~;hall be eOllntcd a~; tv,o (2) ';ljuHre fcet I(Ir each ORe (I) ~;quar0 1{lfl1--f~area, Exterior expre~;siol1 shaJ-l-be-defined a,;IH~ude p()ne:ration~; between nino (i}) and twel'o'e (12) feot abDve the Icwl Df Iini~;Rcd floor. 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. '[be requirement shall onlv applv to ~e_~.tj()_~1_~(,,-11 0.0 1 O( 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 ofthe building. \ I I j t 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 26.410.01 0(B)(2): a. If a one (I) 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. If... =83 = D Then. ,#'''>''.. ...,.,.... I I I . , I I [~ I,.. I , , \ i(J. ~ . I . , ~ i ;>12'') 1_ ~1'2: 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. ? ."",, '~,. ,.' 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 III conflict with any elements ofthe AACP. C Whether the proposed amendment is compatible with surrounding zone districts and land uses. considering existing land uses and neighhorhood 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 demand~ 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 eflect 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: Staffs 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. 2 -,-~--~~_..._"._--~~.- - -_.._~----~--'_"'.'~~'''''--'''''''-''"''''-'- .'""'''''' ..~,-"'" 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 Staffs 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 hold 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 IOfeetfrom thefrontfacade 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 mmor code amendments affecting changes to the Residential Design Standards. 3 ---..-~-----.-..-~_..~."---~------.~..-~-~ Stan Clauson. AICP, AS LA, 04:26 PM 7/17/04, RE: Res. Design Council Memo ,<"..- ~...,.. Reply-To: <clauson@scaplanning.com> From: "Stan Clauson. AICP, ASLA" <clauson@seaplanning.eom> 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: [216.237.72.75] X-MaiIScanner-Information: Please contact the ISP for more information X-MaiIScanner: 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 8 I 611 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:joycea@ci.aspen.co.us] Sent: 15 July 20045:24 PM To: tsemrau@sopris.net; dyerarch@rof.net; kweil@billposs.com; grsaia@rof.net; david@strykerbrown.com; dy lanm j@hotmail.com; maa-architects@comcastnet; 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 Printed for Joyce Allgaier <joyeea@ci.aspen.co.us> Page I of 1 8/2/04 ,'''''"",, .............. Residential Design focus ~up, 01 :49 PM 5/4/04, Follow-up .-" To: Residential Design focus Group From: Joyce Allgaier <joycea@ci.aspen.co.us> Subject: Follow-up Cc: Bee: 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> 1 ...-" '"',/ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE M>DRE"OnROPERTY. R'l6. j)~~ ~A'''''CO SCHEDULED PUBLIC HEARING DATE: ~ 0 . ,200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, ~ClIM..(2..5 L, 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: k 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 fr9m the fommunity Development Department, which was made of suitable, " 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 le'ss 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 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 rnade 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. ~_D~-y-dL ature The foregoing "Affidavit of Notice" was ackgowledged bte ~ ( day of ~ ,200:5, by --.b _ c; 1 ~[C NOTICE RE: Cln' OF ASP LAND USE CODE AMEND- MENTS - RESIDE IAt 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 inl~tlon, contact Sarah Oates at the City of As Community Development De- partment, 130 5 lena St., Aspen, CO, (970) 429- 2767,saraho@c pen.co.us. s{Jasmlne Tygre, Chair Aspen Planning and Zoning CommisSion Published In The Aspen Times on February 27, 2005.(2441) Notary Public ,C' . ~ :\AH ~ ."~'ES ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL I"'" '-' -.... -....I MEMORANDUM THRU: Mayor and City Council Chris Bendon, Community Development Director ~ Sarah Oates, Zoning Officer SD TO: FROM: 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 Rod Dyer KimWeil Gilbert Sancrez David Brown Dylan Johns Mary Avjian Suzannah Reid John Galambos Sarah Broughton Scott Lindenau Stan Clauson Amy Sarah ~.".-..... ,"".# 925-6447 x1 379-3519 925-4755 948-1019 925-2100 x2 544-9041 927-7656 LM 920-9225 429-1286 544-9006 LM 920-9428 925-2323 x5096 x5441 ....... iSl-Wlvall\.&.- Stll' r.:,.~ tim@ dyerarch(ci)rof.net kweil(ci)billposs.com ('1...-:>'1....... ~f-> "'-Lo;f 'lravid@strykerbrown.com dylanmilOlhotmail. cum called to get input rowla n d bro uq hton@comcast.net stud iob(ci)sopris. net clauson(ci)scaplann Inq .com amyq(ci)ci.aspen.co,us saraho(ci)ci. aspen. co. us ok ok ok ok ok ok q~- O~<;?- ok can't make 4/15-ok to p ok ok ok ok ok X-Sender: sheilab@finance X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 0 I 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-MaiIScanner-lnformation: Please contact the ISP for more information X-MaiIScanner: Found to be clean _trLYl ~~v0~ ?O, ~Tl -~?oJq .' " 87(-0~~ q~~7~1~ 0l1.-~ ; f(jorf W' ~t... 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 C011ll'anv ID is 9IQOOt2. If you continue toJt~~.ulties, please call or email me. Thanks, Sheila A.,A ; "{ 441-"'" I .....- Sheila Babbie . ~ 'Z. ~ ..... p , '.. \J~ () City of Aspen - Fmance t( ~ i '.' I, l\ \' ~ 970-920-5040 ~\~u.~~_ . _ tUVL \u.NIv'\ __u~__ ",,_ \t""S . ---',V\\\U" foS' ~/l( F:.,L ~ l11.'S-tt~-_._--_.__.- ~,3~\'\ '(O~. .~. _~~({ ;/{~~-=~ &~tre>.t"c,"'~ yJJIJr. ~,r-. fJ!!!JffJi . . _.-~~_..- ('. . ,) '..I. t:; j -r[.( 11\ C~ f ~ (y/j~ " ., /"'---"'" ""-.. · s-tvJt;' 5; '5"44 - <f OO~ ...... J ~-t1>.. 'll$ 74- , J j - ttf .' r0i 'J;..---6tu.w-P;t{;;C6i+i~-;;;;i:9-""-~:C:- . 0 D V() &"(,1 bUt,,\. 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T~ ",~ OGClt"'- [0-........""'" ,'~ / Julie Ann Woods, 02:50 PM 1/9/04, council requests Page 1 of 1 X-Sender: juliew@sam X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Fri, 09 Jan 2004 14:50:28 -0700 To: Joycea@ci.aspen.eo.us, Denised@ei.aspen.co.us, Chrisb@ci.aspen.co.us From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: council requests ~ lb 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 fornfor both residential design standards, and for lodging. You may recall Helen inquin;d 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.lMLA Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Please note NEW Website: www.aspenpitkin.com .- (tJ{ flA-1f~ ~ ~l~~ -tjrh'~S - Printed for Joyce Allgaier <joycea@ci.aspen.eo.us> 1114/04 c - - MEMORANDUM FROM: Mayor and City Council Chris Bendon, Community Development Director c1AwJ Sarah Oates, Zoning OfficerS l::> TO: THRU: 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 Rod Dyer KimWeil Gilbert Sancrez David Brown Dylan Johns Mary Avjian Suzannah Reid John Galambos Sarah Broughton Scott Lindenau Stan Clauson Amy Sarah ,., ,r'-""" ., 925-6447 xi 379-3519 925-4755 948-1019 925-2100 x2 544-9041 927-7656 LM 920-9225 429-1286 544-9006 LM 920-9428 925-2323 x5096 x5441 t 5l-W\,,-t(,(, (Q. .s t) '(J r.;. . vtl1- tim@ dverarch@rof.net kweil bill oss.com f'1......~q....... - ,IWL-o;f ~vid@strykerbrown. com dylanmiialhotmail.cJIll called to get input rowla nd b rou q hton (cVC9 mcast net studiobialsoprisnet clauson@scaplanninq.com amyq@ci.aspen.co.us saraho@ci.aspen.co.JJ..5. ok ok ok ok ok ok tt~- O~t; 1- ok can't make 4/15-ok to p ok ok ok ok ok X-Sender: sheilab@finance X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 01 Mar 2004 t6:28:23 -0700 To: denised@ci.aspen.co.us, jamesl@ci.aspen.co.us, amyg@ci.aspen.co.us, erikp@ci.aspen.co.us, j uliew@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, c1audes@ci.aspen.co.us, den ism@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-lnformation: Please contact the lSP for more information X-MaiIScanner: Found to be clean _tr-L VI ~hvV b'\ 703 ~Tl - ~~q 87(-0~~ q~~7~,~ O'(L,~ ,. f(jrl i}Y ~-r'- 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. i:;:n~~~fh~f~ID is 9100012 If you ;~nu:to~~~~lti; rlease call or email m.:- Sheila Babbie ~ 'l. <; ,. Jo . \ ~ '() . City of Aspen - Finance t{ ~ i ',' I . \ J \' = 970-920-5040 i\~U~} \ lli~L \ u.rJr\ -. - ---"--'" ......-.-..--.-: .............._.. M ' L,.h K u.OS . -.----- \.' v ,f} ~'I'~' ''1''0 \uS\ S- (1/ t T ",),- ~ '1'2.$-fT~_._........- ~' 3S\'\ (Ok., ~ LJ / fJ 1 - __.I,"""....#~..-:'7...r--.~ 1.. ..-c.-"'- ~ '('0/\ . ~.. ~~I~ LIf. ;'\'~c:'~:tLrmd o.rt>. ffNJ. {--. , , ., t?J-rlA iI\C<L v'-".' f Yo (y/~:i-. _.,....~.......~- · 5'hAJl~ 6 \ S"44 - 9 OO~ ...... ~ J - q'\1> .. 'i IS 74- \ PIt:- J J qt'1 .. ....... ~~\l' . , j · Jtlf {{OI.{(..v+-7 .' ~Ldn~~,r;;;\'9ci.-=:':o" · YJ 0",(; G- r'~\ he.a.. \. . . J". · /JI iu Ma p l,Q. b~bs.~~ Ch'l SUl1f-rVf\i~ o ~/A\iJf O~,V\\) ~ o ~ It /"~ Q : tV'''/ .\ - 'DI\ I 0:'//" . fv{ fA ~ PI e. t... file://C:\DOCUME-I \ehrisb\LOCALS-1 \ Temp\eudI5.htm 3/3/2004 ~. w~ (),{~ qr;.'r -\0 V'tf-vvlAhu ~u .t?~o~: A~4- :' ~~tJ~drlJ 1S~ I c. Ww 1 0tA- ~Vt- fk war utoVlr~ '. J:S J-hl'.s -fk ~ Wi ~ adRJY'~ oc,.,- t(fO~1 W~ t ~v1l;.).... : ~{- clo.l,.QIIt.: 1- ? Wh~ o.y-..- ~J.- ~ b.f-~i'\', . ~lA l t\ - ~'^^"ry . W'-(),u! u.~ ~~ - MW\i;""is-hA.t;vv ~~k { P<<-'k . ~; i-u7b b 00.01 ~ eAJ7 wuJc. --- DvW~ rwr~ butl -\0 Co\A~ I ~ ~~ J&sv-W- ~ S~'vf ~ . - ~o vvw S+WI~ - r ~ C/vvIj- .. V 0 ~ o~ 'fl, cu-- v.. ""e c.4v1". - -ktL ~ &\. fP'~'1/(.. . , ~ - WilcL (20.(.. c.~ q-Z.S- ~ 56 OJ r ' . 1,' f ~k bill ~ ..Gatv.Wt~ t(~~/D4-- .~, ttCW'L +k r-~, ~yO +:+. v~ . cLok.~ --tu ou-v- 1ra:v? ~ ~IS ~ ~{.;J- io ~ -hwYt? -.'~().n o'V\C-Cf,vo C.W4-.. isvv-+- . r~ cpo/), - ttxf'P7 ~I A~ -b' VI d'Wlt. , of ft.v w:~ of- _ (ut;~ h ~~ , dt'~ uM4- ~ -,-" t ,oc>U1..-. 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Ii'\' r, 5lak .. y!J1i"t.. ~ .^Dri~fa.t.'m-. ;,)~~ ~oJ- ~oJ!))bte.. rLw... -10 VO~ . . . ie-. ~ ~'YL6- J V~ ~'Vltf bu,'tJ. - to L:N2s --' T 'Do f'~C/fiy tNe, i,-, DL -rvv1.h b~'o 1.,o~o b ~ ..hScJ.e . . or ~ r!~ bt,,~ ~o<fl. sd- haa. ~. ~&o.7 Nv:w- \Ws'~ dl!ei()Al-!- ~J tot- Gw\ fi Vlt\~ ~ ()~ Slo~ .b60~ d~'rw ().I'v'{ft\t' ,^lJ.t~1 +hId. .' i~ tvtNU'\^L ~ ~ ~ vf tvn\-v) Tim Semrau Rod Dyer KimWeil Gilbert San~z David Brown Dylan Johns Mary Avjian Suzannah Reid John Galambos Sarah Broughton Scott Lindenau Stan Clauson Amy Guthrie Sarah Oates t!ft~ ~ lle .If""'" - 925-6447 x1 379-3519 925-4755 948-1019 948-0597 925-2100 x2 544-9041 927-7656 920-9225 429-1286 544-9006 920-9428 925-2323 x5096 x5441 tsemrau@sooris.net dverarch@rof.net kweil@billooss.com qrsaia@rof.net david@strykerbrown.com dvlanmi@hotmail.com maa-architects@comcastnet called to get input rowlandbrouqhton@comcastnet studiob@sooris.net c1auson@scaolanninq.com amvq@ci.asoen.co.us saraho@ci.asoen.co.us ok ok ok ok ok ok ok ok can't make 4/15-ok to p ok ok ok ok ok .p... 'i:C- HOMEOWNERS ASSOCIATIONS-ALL 249,000 OF THEM-ARE OUT OF CONTROL. THEIR DESIGN GUIDELINES NEEDLESSLY HOMOGENIZE OUR NEIGHBORHOODS-AND OUR NEIGHBORS. I ; by Lawrence W. Cheek \ 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. OUf 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. Ajokerface 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 aa D3 I 200' _ 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 cliche 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. _ ".~~_-----..-~.<~-~'-'-"-~"'""'---' " ~flc.... f~c;. _' 6 C::#Abe -:POXZ- c;, (c~.e:t~1 LC4-.e ') . ~~~~ _ f'~UEL Tl)c;.~=t;Y ~\\d to 11M> evlL.Otf'-~ ~t~cN · NI(NO~ MAc;? 1) ~CC-t--O~ W\SS · 1~L.11~ o {~rro f{S1~.Pr" 8 ( q~(Z( ~ C+J Wt0/CW WCAlluS 'ro~lo' ~INIt.- MIN/t1Lk1. " OAe.. ~ ele~\ 4) n~-()t'11\~& ()J(^dow) o COfYItf Lo~ - -fr-e'l'lbtl, ~ ~ ~T cbY {oCLd1CV\ ft2.~~ ~1v1V'r - Cc~~ I....AJ.E _ ~u..X1 ~t1 -?(L.,^-~LOc;t _'?L-oftS" c:?ITC~ - Ml~d t.Pt .-1....^ .u _ 001"71 ()E O(\:J IflAJ --pAl1'<?l, ~ p 60r?lOE Ju~ 'lhre~old FAa.- bd-w''(?nM - ftDt-f Pp..f::fS ~ I R2c:-c vM~U" tD FPn 0 vAttAJ.i.vc o ~('{\6J.I..tV fAt., ~ v'Q,t1.~(l ~--'''''''''<~'-'--''''''------~'~ /" ..... . Residential Design Focus Group, 05:01 PM 4/14/04, Residential Design Review Group Tomorrow To: Residential Design Focus Group From: Joyce Allgaier <joycea@cLaspen.co.us> Subject: Residential Design Review Group Tomorrow Cc: Bee: 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 . s~ MP1 5~LlJ- lob ~ ~'1I11L l/vdL e>f- lMA. +.e-\t"r'~ . . . . ~I-h'~ ~ lr- . ~tp~ lAP v'V V1f.A ~vt1_ . n lBJll 'ro~ --.. Printed for Joyce Allgaier <joycea@ci.aspen.co.us> 1