HomeMy WebLinkAboutcoa.lu.ca.ConservationA064-99
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MEMORANDUM
\J II c.,
TO:
The Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney A
Julie Ann Woods, Community Development Directo~
Code Amendment --- Section 26.710.220, conseL~~i~n, D. Dimensional
Requirements, 10. External Floor Area (2nd Reading-Public Hearing)
FROM:
RE:
DATE:
August 23, 1999
SUMMARY: In the course ofsimplitying the Land Use Code, staffhas identified several
sections of the code which require some amendments in order to address size and scale
issues in our various zone districts. Currently, the "C" Conservation Zone District,
requires a minimum lot size of ten acres, but does not establish a cap on the size of a
residence that may be built on such a parcel. Currently, there are some parcels of land
zoned Conservation, but are non-conforming in lot size. This becomes further
complicated because a single family residence can be built on such a parcel, but the zone
district does not restrict the allowable FAR for such a parcel. Staff is proposing a code
amendment which establishes generally the same FAR used in the Low Density
Residential District (R-30) to properties zoned C. The one difference is that staff is
proposing a maximum FAR of 6,600 square feet in the Conservation Zone.
The City Council approved the First Reading of Ordinance No. 32, Series of 1999
regarding this Code amendment on July 26, 1999.
APPLICANT: The 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 Planning
Director and then by the Planning and Zoning Commission at a public hearing, and then
. approved, approved with conditions, or disapproved by the City Council at a public hearing.
DISCUSSION: Currently, Section 26.710.220, Conservation (C) Zone District establishes
Dimensional Requirements, but does not include an external floor area dimensional standard.
PROPOSED AMENDMENT: Staff proposes to add item (D) "10. External Floor Area" to
read as follows: (All underlined text is new.)
10. External floor area: (Applies to conforminJl; and nonconforminJl; lots of record):
Lot Size Detached Residential
Dwellings (Square Feet)
Allowable Square Feet
0--3,000
80 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 2,400 square
feet of floor area.
3,000--9,000
2,400 square feet of floor area, plus 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
9,000--15,000
4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
15,000--50,000
4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area.
50,000+
. 6,600 square feet of floor area maximum.
REVIEW STANDARDS: Section 26.310.040, Amendments To The Land Use Regulations
And Official Zone District Map, 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 amendment 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 amendment would not be in conflict with any applicable
portions of the Aspen Municipal Code. It is intended to clean up a section of the code to be
consistent with other zone districts which do set a cap on allowable FAR.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
RESPONSE: The proposed amendment would not be in conflict with any elements of the
AACP, and is very much consistent with the "Policies" of the Housing Action Plan (page 31
of the AACP) which recommends "Develop small scale residential housing which fits the
character ofthe community. . .".
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land uses and neighborhood characteristics.
2
RESPONSE: The proposed amendment would effect only the Conservation Zone District
which tend to be located in areas of the City intended to be preserved for open space
purposes or' have steep slopes. By proposing a cap on the FAR allowed on these parcels, it
will ensure that, should a development right exist, it would be allowed to develop similarly
to our lowest density residential district (R-30). This would ensure that the scale of the
project would be compatible with the natural environment as well as other low density
developments.
D. The effect of the proposed amendment on traffic generation and road safety.
RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic
generation or road safety.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medicalfacilities.
RESPONSE: The proposed code amendment. is not anticipated to have an effect 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 amendment is not anticipated to have a negative effect on
the natural environment. In fact, staff believes that by establishing a cap on the allowable
FAR, there should be less visual impact on the surrounding natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
RESPONSE: Staff believes that by limiting the development size of a residential unit, it will
ensure that the scale is more in keeping with the community's desire to minimize the
"monster homes" that have developed. Using the same proportions allowed in the R-30 zone
district, the maximum size home on a lot greater than 50,000 square feet would be 6,600
square feet under this proposed cap. Currently, there is no restriction to the FAR in the zone
district.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
RESPONSE: There has been no significant change in Aspen's general character. The
concern is that there is no limit to a house size in this zone district. Not all C zoned lands are
public, and staff believes it is time to bring this zone district's development criteria into
conformity with other low density properties, and on sensitive lands. This is one of many
land use code amendments staff will be bringing before the commission throughout the year.
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.
3
RESPONSE: Staff believes the proposed amendment would be in harmony with the public
interest by ensuring a limit to the size of a residence in the Conservation Zone District.
RECOMMENDATION:
The Planning and Zoning Commission recommended by a unanimous vote at their meeting
of July 6, 1999 that the Council adopt the proposed Code amendments.
Staff recommends that the City Council approve the Code amendments to Section
26.710.220, "Conservation (C) Zone District, D. Dimensional Requirements" as proposed
herein.
RECOMMENDED MOTION: "I move to approve the Second Reading of Ordinance No.
32, Series of 1999."
EXHffiITS:
Exhibit A - Existing C Zone District language
G:planninglaspen/ords/CouncConsmem
4.
Pan 700 - Zoning Districts
S..:ctlon26.710.::0 lei
26.710.220 Conservation (C).
.'
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A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low
density development to enhance public recreation, conserve natural resources, encourage the
production of crops and animals, and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C) zone
district:
1. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and
agricultural uses;
11. Railroad right-of,way but not a railroad yard;
12. Home occupations; and
13. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Conservation
(C) district, subject to the standards and procedures established in Chapter 26.425.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club. country club and golf
course;
(
3. Ski lift and other ski facilities;
City of Aspen Land Us..: Code:
PJge.3~
R~vised 07/01/99
Exhibit A.
Part 700 -,Zoning Dislncts
Sc:clion 16.710.:::0 (C)
4. Sewage disposal area;
5. Water treatment plant and storage reservoir;
6. Electric substations and gas regulator stations (not including business or
administration offices); and
7. Accessory dwelling units meeting the provisions of Section 26.520.040.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Conservation (C) zone district.
1. Minimum lor size (acres): 10.
2. Minimum lot area per d\\'ellin~unit (acres): 10.
3. Minimum lot width (feet): 400.
4. Minimum front vard setback (feet): 100.
5. Minimum side yard setback (feet!: 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum heir<ht (feet): 28.
8. Minimum distance benveen principal and accessorl' buildinr<s (feet): No requirement.
9. Percent of open space required for buildine site: No requirement.
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) zone district is to establish lands for education
and cultural activities with attendant research, housing and administrative facilities. All
development in the Academic zone district is to proceed according to a conceptual development
plan and final development plan approved pursuant to the provisions of Chapter 26.440, Specially
Planned Areas.
B. Permitted uses. The following uses are permitted as of right in the Academic (A) zone
district:
1. Private school or university, teaching hospital, research facility or testing laboratory,
provided that such facilities are enclosed and there are no adverse noise or environmental
. effects;
City of Asp~n Land Use Cod~
Page.345
Revised 07/0 J /99
Allowable Sguare Feet
Lot Size Detached Residential
Dwellings (Square Feet)
10. External floor area: (Applies to conforming and nonconforming lots of record):
PROPOSED AMENDMENT: Staff proposes to add item (D) "10. External Floor Area" to
read as follows: (All underlined text is new.)
DISCUSSION: Currently, Section 26.710.220, Conservation (C) Zone District establishes
Dimensional Requirements, but does not include an external floor area dimensional standard.
APPLICANT: The 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 Planning
Director and then by the Planning and Zoning Commission at a public hearing, and then
approved, approved with conditions, or disapproved by the City Council at a public hearing.
SUMMARY: In the course of simplifYing the Land Use Code, staff has identified several
sections of the code which require some amendments in order to address size and scale
issues in our various zone districts. Currently, the "C" Conservation Zone District,
requires a minimum lot size of ten acres, but does not establish a cap on the size of a
residence that may be built on such a parcel. Currently, there are some parcels of land
zoned Conservation, but are non-conforming in lot size. This becomes further
complicated because a single family residence can be built on such a parcel, but the zone
district does not restrict the allowable FAR for such a parcel. Staff is proposing a code
amendment which establishes generally the same FAR used in the Low Density
Residential District (R-30) to properties zoned C. The one difference is that staff is
proposing a maximum FAR of 6,600 square feet in the Conservation Zone.
July 26, 1999
DATE:
Code Amendment --- Section 26.710.220, Conservation, D. Dimensional
Requirements, 10. External Floor Area (Public Hearing)
RE:
Julie Ann Woods, Community Development Director
FROM:
Amy Margerum, City Manager
John Worcester, City Attorney
THRU:
The Mayor and City Council
TO:
MEMORANDUM
~
~
,
2
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land uses and neighborhood characteristics.
RESPONSE: The proposed amendment would not be in conflict with any elements of the
AACP, and is very much consistent with the "Policies" ofthe Housing Action Plan (page 31
of the AACP) which recommends "Develop small scale residential housing which fits the
character of the commnnity. . .".
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
RESPONSE: The proposed amendment would not be in conflict with any applicable
portions of the Aspen Municipal Code. It is intended to clean up a section of the code to be
consistent with other zone districts which do set a cap on allowable FAR.
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
REVIEW STANDARDS: Section 26.310.040, Amendments To The Land Use Regulations
And Official Zone District Map, provides nine (A-I) standards for City Conncil 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 amendment relative to
them are provided below, with the standard in italics followed by the staff "response."
6,600 square feet of floor area maximum.
50,000+
4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 1 00 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area. .
15,000--50,000
4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
9,000--15,000
2,400 square feet of floor area, plus 28 square feet
of floor area for each additional100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
3,000--9,000
80 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 2,400 square
feet of floor area.
0--3,000
.~
~
,
3
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: There has been no significant change in Aspen's general character. The
concern is that there is no limit to a house size in this zone district. Not all C zoned lands are
public, and staff believes it is time to bring this zone district's development criteria into
conformity with other low density properties, and on sensitive lands. This is one of many
land use code amendments staff will be bringing before the commission throughout the year.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
RESPONSE: Staff believes that by limiting the development size of a residential unit, it will
ensure that the scale is more in keeping with the community's desire to minimize the
"monster homes" that have developed. Using the same proportions allowed in the R-30 zone
district, the maximum size home on a lot greater than 50,000 square feet would be 6,600
square feet under this proposed cap. Currently, there is no restriction to the FAR in the zone
district.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
RESPONSE: The proposed code amendment is not anticipated to have a negative effect on
the natural environment. In fact, staff believes that by establishing a cap on the allowable
FAR, there should be less visual impact on the surrounding natural environment.
F Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendment is not anticipated to have an effect on
infrastructure or infrastructure capacities.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic
generation or road safety.
D. The effect of the proposed amendment on traffic generation and road safety.
RESPONSE: The proposed amendment would effect only the Conservation Zone District
which tend to be located in areas of the City intended to be preserved for open space
purposes or have steep slopes. By proposing a cap on the FAR allowed on these parcels, it
will ensure that, should a development right exist, it would be allowed to develop similarly
to our lowest density residential district (R-30). This would ensure that the scale of the
project would be compatible with the natural environment as well as other low density
developments.
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4
G:planninglaspenlords/CouncConsmem
EXHIBITS:
Exhibit A - Existing C Zone District language
RECOMMENDED MOTION: "I move to approve First Reading of Ordinance No. 32,
Series of 1999, and set the public hearing for August 23,1999."
. Staff recommends that the City Council approve the Code amendments to Section
26.710.220, "Conservation (C) Zone District, D. Dimensional Requirements" as proposed
herein.
RECOMMENDATION:
The Planning and Zoning Commission recommended by a unanimous vote at their meeting
of July 6, 1999 that the Council adopt the proposed Code amendments.
RESPONSE: Staff believes the proposed amendment would be in harmony with the public
interest by ensuring a limit to the size of a residence in the Conservation Zone District.
~
"-'
,
,
1
80 square feet of floor area for each 100 in lot
area, up to a maximum of 2,400 square feet of
floor area.
0--3,000
Allowable Sguare Feet*
Lot Size Detached Residential
Dwellin2s (Square Feet)
11. External floor area ratio: No requirement. (applies to conforming and nonconforming lots of
record} :
PROPOSED AMENDMENT: Staff proposes amending the above-cited definition to read.
as follows, with text to be eliminated strighR 'OI'lt and text to be added as underlined:
11. External floor area ratio: No requirement.
APPLICANT: The City of Aspen Community Development Department.
PROCEDURE: Pursuant to Section 26.92.030, 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 Planning
Director and then by the Planning and Zoning Commission at a public hearing, and then
approved, approved with conditions, or disapproved by the City Council at a public hearing.
DISCUSSION: Currently, Section 26.28.220, Conservation Zone District establishes
Dimensional requirements, but item D. II reads as follows:
SUMMARY: In the course of simplifying the Land Use code, staff has identified several
sections of the code which require some amendments in order to address size and scale
issues in our various zone districts. Currently, the "C" Conservation Zone District,
requires a minimum lot size of ten acres, but does not establish a cap on the size of a
residence that may be built on such a parcel. Currently, there are some parcels of land
zoned Conservation, but are non-conforming in lot size. This becomes further
complicated because a single family residence can be built on such a parcel, but the zone
district does not restrict the allowable FAR for such a parcel. Staff is proposing a code
amendment which establishes generally the same FAR used in the Low Density
Residential District (R-30) to properties zoned C. The one difference is that staff is
proposing a maximum FAR of 6,600 square feet in the Conservation Zone.
July 6, 1999
DATE:
Code Amendment --- Section 26.28.220, Conservation, D. Dimensional
Requirements, 11. External Floor Area Ratio (Public Hearing)
RE:
Julie Ann Woods, Community Development Director
FROM:
The Aspen Planning and Zoning Commission
TO:
MEMORANDUM
.
.
\...,I
'-'
2
RESPONSE: The proposed amendment would effect only the Conservation Zone District
which tend to be located in areas of the City intended to be preserved for open space
purposes or have steep slopes. By proposing a cap on the FAR allowed on these parcels, it
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land uses and neighborhood characteristics.
RESPONSE: The proposed amendment would not be in conflict with any elements of the
AACP, and is very much consistent with the "Policies" of the Housing Action Plan (page 31
of the AACP) which recommends "Develop small scale residential housing which fits the
character ofthe community. . .".
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
RESPONSE: The proposed amendment would not be in conflict with any applicable
portions of the Aspen Municipal Code. It is intended to clean up a section of the code to be
consistent with other zone districts which do set a cap on allowable FAR.
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
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
amendment relative to them are provided below, with the standard in italics followed by the
staff "response."
6,600 square feet of floor area maximum.
50,000+
4,500 square feet of floor. area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area.
15,000--50,000
4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
9,000--15,000
2,400 square feet of floor area, plus 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
3,000--9,000
'-'
'-'
3
. RESPONSE: Staff believes the proposed amendment would be in harmony with the public
interest by ensuring a limit to the size of a residence in the Conservation Zone District.
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: There has been no significant change in Aspen's general character. The
concern is that there is no limit to a house size in this zone district. Not all C zoned lands are
public, and staff believes it is time to bring this zone district's development criteria into
conformity with other low density properties, and on sensitive lands. This is one of many
land use code amendments staffwill be bringing before the commission throughout the year.
R Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
RESPONSE: Staff believes that by limiting the development size of a residential unit, it will
ensure that the scale is more in keeping with the community's desire to minimize the
"monster homes" that have developed. Using the same proportions allowed inthe R-30 zone
district, the maximum size home on a lot greater than 50,000 square feet would be 6,600
square feet under this proposed cap. Currently, there is no restriction to the FAR in the zone
district.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
RESPONSE: The proposed code amendment is not anticipated to have a negative effect on
the natural environment. In fact, staff believes that by establishing a cap on the allowable
FAR, there should be less visual impact on the surrounding natural environment.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendment is not anticipated to have an effect on
infrastructure or infrastructure capacities.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medicalfacilities.
RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic
generation or road safety.
will ensure that, should a development right exist, it would be allowed to develop similarly
to our lowest density residential district (R-30). This would ensure that the scale of the
project would be compatible with the natural environment as well as other low density
developments.
D. The effect of the proposed amendment on traffic generation and road safety.
.
.~
~
4
G:/planning/aspen/casesltexticonservation.doc
EXHIBITS:
Exhibit A - Existing C Zone District language
RECOMMENDED MOTION: "I move to recommend that City Council adopt the
amendments to Section 26.28. 220, Conservation, D. Dimensional Requirements, II.
External Floor Area Ratio, as proposed in the CommUllity Development Department
memorandum dated JUlle 15, 1999."
RECOMMENDATION: Staff recommends that the Planning and Zoning Commission
forward to City Council a recommendation to approve the amendments to Section 26.28.
220, Conservation, D. Dimensional Requirements, II. External Floor Area Ratio, as
proposed herein.
'-'
'-'
I
80 square feet of floor area for each 100 in lot
area, up to a maximum of 2,400 square feet of
floor area.
0--3,000
Allowable Sguare Feet*
Lot Size Detached Residential
Dwellings (Square Feet)
II. External floor area ratio: No requirement. (applies to conforming and nonconforming lots of
record).:
PROPOSED AMENDMENT: Staff proposes amending the above-cited definition to read
as follows, with text to be eliminated utri.k~R \j'lt and text to be added as Ullderlined:
11. External floor area ratio: No requirement.
DISCUSSION: Currently, Section 26.28.220, Conservation Zone District establishes
Dimensional requirements, but item D. 11 reads as follows:
APPLICANT: The City of Aspen Community Development Department.
PROCEDURE: Pursuant to Section 26.92.030, 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 Planning
Director and then by the Planning and Zoning Commission at a public hearing, and then
approved, approved with conditions, or disapproved by the City Council at a public hearing.
SUMMARY: In the course of simplifying the Land Use code, staff has identified several
sections of the code which require some amendments in order to address size and scale
issues in our various zone districts. Currently, the "c" Conservation Zone District,
requires a minimum lot size of ten acres, bJlt does not establish a cap on the size of a
residence that may be built on such a parcel. Currently, there are some parcels of land
zoned Conservation, but are non-conforming in lot size. This becomes further
. complicated because a single family residence can be built on such a parcel, but the zone
district does not restrict the allowable FAR for such a parcel. Staff is proposing a code
amendment which establishes generally the same FAR used in the Low Density
Residential District (R-30) to properties zoned C. The one difference is that staff is
proposing a maximum FAR of 6,600 square feet in the Conservation Zone.
June 15, 1999
DATE:
Code Amendment --- Section 26.28.220, Conservation, D. Dimensional
Requirements, 11. External Floor Area Ratio (public Hearing)
RE:
Julie Ann Woods, Community Development Director
FROM:
The Aspen Planning and Zoning Commission
TO:
MEMORANDUM
]Y;c,
'-'
"-'.
2
RESPONSE: The proposed amendment would effect only the Conservation Zone District
which tend to be located in areas of the City intended to be preserved for open space
purposes or have steep slopes. By proposing a cap on the FAR allowed on these parcels, it
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land uses and neighborhood characteristics.
RESPONSE: The proposed amendment would not be in conflict with any elements of the
AACP, and is very much consistent with the "Policies" of the Housing Action Plan (page 31
of the AACP) which recommends "Develop small scale residential housing which fits the
character of the community. . .".
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
RESPONSE: The proposed amendment would not be in conflict with any applicable
portions of the Aspen Municipal Code. It is intended to clean up a section of the code to be
consistent with other zone districts which do set a cap on allowable FAR.
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
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
COUllcil 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
amendment relative to them are provided below, with the standard in italics followed by the
staff "response."
6,600 square feet of flQ(Jr area maximum.
50,000+
4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area.
15,000--50,000
4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
9,000--15,000
2,400 square feet of floor area, plus 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
3,000--9,000
.,,-,
--.
3
RESPONSE: Staff believes the proposed amendment would be in harmony with the public
interest by ensuring a limit to the size of a residence in the Conservation Zone District.
L 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: There has been no significant change in Aspen's general character. The
concern is that there is no limit to a house size in this zone district. Not all C zoned lands are
public, and staff believes it is time to bring this zone district's development criteria into
conformity with other low density properties, and on sensitive lands. This is one of many
land use code amendments staff will be bringing before the commission throughout the year.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
RESPONSE: Staff believes that by limiting the development size of a residential unit, it will
ensure that the scale is more in keeping with the community's desire to minimize the
"monster homes" that have developed. Using the same proportions allowed in the R-30 zone
district, the maximum size home on a lot greater than 50,000 square feet would be 6,600
square feet under this proposed cap. Currently, there is no restriction to the FAR in the zone
district.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
RESPONSE: The proposed code amendment is not anticipated to have a negative effect on
the natural environment. In fact, staff believes that by establishing a cap on the allowable
FAR, there should be less visual impact on the surrounding natural environment.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendment is not anticipated to have an effect on
infrastructure or infrastructure capacities.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medicalfacilities.
RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic.
generation or road safety.
D. The effect of the proposed amendment on traffic generation and road safety.
will ensure that, should a development right exist, it would be allowed to develop similarly
to our lowest density residential district (R-30). This would ensure that the scale of the
project would be compatible with the natural environment as well as other low density
developments.
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4
G:/planning/aspenlcases/textJconservation.doc
EXHIBITS:
Exhibit A - Existing C Zone District language
RECOMMENDED MOTION: "I move to recommend that City Council adopt the
amendments to Section 26.28. 220, Conservation, D. Dimensional Requirements, 11.
External Floor Area Ratio, as proposed in the Community Development Department
memorandum dated June 15, 1999."
RECOMMENDATION: Staff recommends that the Planning and Zoning Commission
forward to City Council a recommendation to approve the amendments to Section 26.28.
220, Conservation, D. Dimensional Requirements, 11. External Floor Area Ratio, as
proposed herein.
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(Aspen ll97J
523
-7 26.28.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density
development to enhance public recreation, conserve natural resources, encourage the production of crops and
animals, and to contain urban development.
B. Pennitted uses. The following uses are pennitted as of right in the Conservation (C) zone district.
1. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7.. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other fann and agricultural uses;
11. Railroad right-of-way but not a railroad yard;
Timesharing.
Dimensional requirements. The following dimensional requirements shall apply to all penni
and con . .onal uses in the Commercial Lodge (CL) zone district.
1. imum lot size (square feet): 6,000
2. Mini m lot area per dwelling unit (square feet): No requirement
3. Minimu ot width (feet): No requirement
. .
4. Minimum IT t yard (feet): No requirement
5. Minimum side (feet): No requirement
6. Minimum rear yard t): No requirement except trash/utility servic
alley. The dimensional requiremen f the trash/utility service area shall b~ollows unless reduced pursuant
to Chapter 26.64:
For up to 6,000 square fe,
of 20 feet in length, measured parallel to the
depth of 10 feet at ground level.
For each additional 1,200 square feet t leasable floor area within a building, the minimum.
length measured parallel to the alley shall be inc ed one (1) foot.
7. Maximum height (feet): 28 (32 by cial revie ursuant to Chapter 26.64
8. Minimum distance between p. pal and accessory .Idings (feet): No requirement
9. Percent of open space requi for building site: 25
10. External floor area ratio. _:1
1 I. Internal floor area .: No requirement
E. Off-street par. equirement. The following off-street parking sp shall be provided for each
use in the Commercial odge (CL) zone district, subject to the provisio.ns of Cha r 26.32.
1. Lodge u . 0.7 spacelbedroom of which 0.2 spacelbedroom may be provide . a a payment in lieu
pursuant to Ch er 26.64:
2. Idential use: Nt A
3. All other uses: 2 spaces!l,ooo square feet of net leasable area which may be provided vi
pursuant to Chapter 26.64. (Orc!. No. 22-1995, ~ 6: Code 1971, ~ 5-215)
within a building: An area a minimum
vertical clearance of 10 feet and a minimum
6.)CH Ie l.,- 6.-
~ - Ii)(.l!> T~" 26.28.200
COO Ir
L~c...""~Co\E
~
-..--------. --.----".
524
. (Aspen 3197)
26 Academic (A).
A. PwpOs. !!!'Pose of the Academic (A) zone district is to establish I
activities with attendant rese , sing and administrative facilities velopment in the Academic zone
district is to proceed according to a concep lopment final development plan approved pursuant
to the provisions of Chapter 26.80, Specially P
B. Permitted uses. The folio' ses are permitted as 0 . the Academic (A) zone district.
1. Private school ersity, teaching hospital, research facility or tes ratory, provided that
such facilities c osed and there are no adverse noise or environmental effects;
Auditorium and other facilities for perforrnances and lectures;
Gallery;
7. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall apply to all permitted
and conditional uses in the Conservation (C) zone district.
1. Minimum lot size (acres): 10
2. Minimum lot area per dwelling unit (acres): 10
3. Minimum lot width (feet): 400
4. Minimum front yard (feet): 100
5. Minimum side yard (feet): 30
6. MinilDUm rear yard (feet): 30
7. Maximum height (feet): 28
8. Minimum distance between principal and accessory buildings (feet): No requirement
9. Percent of open space required for building site: No requirement
10. External floor area ratio: No requirement
of 11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces shall be provided for each
use in the Conservation (C) zone district, subject to the provisions of Chapter 26.32.
1. Lodge use: N/A
2. For single-family and duplex residential use and multi-family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided by special review pursuant to Chapter 25.64 for historic landmarks only, and
fewer spaces may be provided pllrSuant to Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling
. unit is required if the unit is either a studio or one-bedroom unit. .
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord. No. 47-1988, ~ 2; Ord.
No. 22-1995, ~ 6; Ord. No. 38-1996, ~ 2: Code 1971, ~ 5-217)
12. Home occupations; and
13. Accessory buildings and uses.
c. Conditional uses. The following uses are pennitted as conditional uses in the Conservation (C) district,
subject to the standards and procedures established in Chapter 26.60.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5 . Water treatment plant and storage reservoir
6. Electric substations and gas regulator stations (not including business or administration offices);
and
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26.28.220
City of Aspen Account
--------------------------------
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PUBLIC NOTICE
RE: CITY OF ASPEN LAND USE CODE TEXT AMENDMENT: MODIFY
CONSERVATION (C) ZONE DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 23, 1999 at
a meeting to begin at 5:00 p.m. before the City of Aspen City Council, Council Chambers, City
Hall, 130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen
Community Development Department requesting revisions to Section 26.710.220 of the Municipal
Code related to floor area ratio. For further infonnation, contact Julie Ann Woods at the
AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5100, juliew@ci.aspen.co.us.
sl
Aspen City Council
Published in the Aspen Times on August 7, 1999
......,
.,-,
MEMORANDUM
\J 'I c-,
TO:
The Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney ),
Julie Ann Woods, Community Development Directo~ \
Code Amendment -.. Section 26.710.220, conseL~~i~n, D. Dimensional
Requirements, 10. External Floor Area (2nd Reading-Public Hearing)
. FROM:
RE:
DATE:
August 23,1999
SUMMARY: In the course of simplifying the Land Use Code, staff has identified several
sections of the code which require some amendments in order to address size and scale
issues in our various zone districts. Currently, the "C" Conservation Zone District,
requires a minimum lot size of ten acres, but does not establish a cap on the size of a
residence that may be built on such a parcel. Currently, there are some parcels of land
zoned Conservation, but are non-conforming in lot size. This becomes further
complicated because a single family residence can be built on such a parcel, but the zone
district does not restrict the allowable FAR for such a parcel. Staff is proposing a code
amendment which establishes generally the same FAR used in the Low Density
Residential District (R-30) to properties zoned C. The one difference is that staff is
proposing a maximum FAR of 6,600 square feet in the Conservation Zone.
The City Council approved the First Reading of Ordinance No. 32, Series of 1999
regarding this Code amendment on July 26,1999.
APPLICANT: The 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 Planning
Director and then by the Planning and Zoning Commission at a public hearing, and then
approved, approved with conditions, or disapproved by the City Council at a public hearing.
DISCUSSION: Currently, Section 26.710.220, Conservation (C) Zone District establishes
Dimensional Requirements, but does not include an external floor area dimensional standard.
PROPOSED AMENDMENT: Staff proposes to add item (D) "10. External Floor Area" to
read as follows: (All underlined text is new.)
10. External floor area: (Applies to conforming and nonconforming lots of record):
Lot Size Detached Residential
Dwellings (Square Feet)
Allowable Square Feet
Oc-3,000
80 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 2,400 square
feet of floor area.
3,000--9,000
2,400 square feet of floor area, plus 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
9,000--15,000
4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
15,000--50,000
4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area.
50,000+
. 6,600 square feet of floor area maximum.
REVIEW STANDARDS: Section 26.310.040, Amendments To The Land Use Regulations
And Official Zone District Map, 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 amendment 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 amendment would not be in conflict with any applicable
portions of the Aspen Municipal Code. It is intended to clean up a section of the code to be
consistent with other zone districts which do set a cap on allowable FAR.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
RESPONSE: The proposed amendment would not be in conflict with any elements of the
AACP, and is very much consistent with the "Policies" of the Bousing Action Plan (page 31
of the AACP) which recommends "Develop small scale residential housing which fits the
character of the community. . .".
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land uses and neighborhood characteristics.
2