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HomeMy WebLinkAboutresolution.apz.013-07 '~-"~-""~~"->_.~-~----~~"""""""'~"",",._----.,.,.--_.......- Resolution No. 13 (Series of 2007) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.208- CITY COUNCIL; 26.210.020- DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT; 26.212.010- POWERS AND DUTIES; 26.212.050 - QUORUM AND NECESSARY VOTE; 26.216.010 - POWERS AND DUTIES; 26.216.050 - QUORUM AND NECESSARY VOTE; 26.220.050 - QUORUM AND NECESSARY VOTE; 26.222 - ADMINISTRATIVE HEARING OFFICER; 26.304.075(B)(I) - BUILDING PERMIT; 26.306.010 - INTERPRETATION; 26.310.020(B) - STEPS REQUIRED; 26.312.020(F) - ABANDONMENT OR DISTONTINUANCE; 26.312.020(G)- DEMOLITION OR DESTRUCTION; 26.314.040 - STANDARDS APPLICABLE TO VARIANCES, 26.316.020 - AUTHORITY; 26.316.030(F) - ACTION BY A DECISION-MAKING BODY HEARING THE APPEAL; 26.430.040(C) - REDUCTION OF OPEN SPACE REQUIREMENT IN THE COMMERCIAL CORE (CC) ZONE DISTRICT; 26.430.040 - REVIEW STANDARDS FOR SPECIAL REVIEW; 26.435.050(C) - MOUNTAIN VIEW PLANE REVIEW STANDARDS; 26.435.060(C) - HALLAM LAKE BLUFF REVIEW STANDARDS; 26.445.050(E) - ARCHITECTURAL CHARACTER; CHAPTER 26.450 - TEMPORARY USES; 26.450.050(A) - DURATION; 26.450.060 - PROCEDURE FOR TEMPORARY USE APPROVAL; 26.480.050(A) - GENERAL RE- QUIREMENTS; 26.480.050(B) - SUITABILITY OF LAND FOR SUBDIVISION; 26.520.020 - GENERAL; 26.575.020(A) - FLOOR AREA; 26.575.040(A) - PROJECTIONS INTO YARDS; 26.575.040(C) - CORNER LOTS; 26.575.050 - FENCES; 26.575.060 - UTILITYffRASHlRECYCLE SERVICE AREAS; 26.575.210 - SHORT TERM RENTALS; AND, 26.575.220 - LODGE OCCUPANCY AUDIT. WHEREAS, the City Council of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to the following Chapters and Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.104.100 - Definitions 26.208- CITY COUNCIL 26.210.020 - Director of Community Development Department 26.212.010 - Powers and duties 26.212.050 - Quorum and necessary vote 26.216.010 - Powers and duties 26.216.050 -Quorum and necessary vote Resolution 13 Series 2007 Page 1 of34 April 10, 2007 draft 26.220.050 - Quorum and necessary vote 26.222 - Administrative Hearing Officer 26.304.075(8)(1) - 8uilding Permit 26.306.0 I 0 - Interpretation 26.310.020(8) - Steps Required 26.312.020(F) - Abandonment or discontinuance 26.312.020(G) - Demolition or destruction 26.314.040 - Standards applicable to variances 26.316.020 - Authority 26.316.030(F) - Action by a decision-making body hearing the appeal 26.430.040(C) - Reduction of open space requirement in the Commercial Core (CC) zone district 26.430.040 - Review Standards for Special Review 26.435.050(C) - Mountain view plane review standards 26.435.060(C) - Hallam Lake 81uffreview standards 26.445.050(E) - Architectural Character Chapter 26.450 - TEMPORARY USES 26.450.050(A) - Duration 26.450.060 - Procedure for temporary use approval 26.480.050(A) - General Requirements 26.480.050(8) - Suitability ofland for subdivision 26.520.020 - General 26.575.020(A) - Floor Area 26.575.030 - Pedestrian Amenity 26.575.040(A) - Projections into yards 26.575.040(C) - Corner Lots 26.575.050 - Fences; 26.575.060- Utility/Trash/Recycle Service Areas; and 26.575.220 - Lodge Occupancy Auditing WHEREAS, pursuant to Section 26.31 0, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: Resolution 13 Series 2007 Page 2 of34 April 10, 2007 draft . Text being removed is bold red and strikethrough. Text being removed 100liS like this. . Text being added is bold green and underline. Text beine added looks like this. . Text which is not highlighted is not affected. WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on March 27, 2007, April 2, 2007, April 9, 2007, and April 10, 2007 took and considered public testi- mony and the recommendation of the Community Development Director and recom- mended, by a five to zero (5-0) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above note Chapters and Sections of the Land Use Code, as described herein, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.104.100 - Definitions, which defines important land use terms, to add and delete the following: 26.104.100 Definitions. As used in this code, unless the context otherwise requires, the following terms shall be defined as follows: Adiacent parcel. Sharine all or part of one common lot line with another lot or par- cel of land. or would share all or part of one common lot line if not for the separation caused bv a strcct, alley, sidewalk, railroad rieht-of-way. utility line. trail. or irrieation ditch. Bed and breakfast. A sinele-familv dwelling used as a commercial lodging establish- ment for temporary guests. other than a hotel or lodge, and which contains no more than twelve (12) guest rooms, )lroyidcs no less than one meal dail)' for guests, and is operated by an on-site resident manager or owner. This shall include all uses formerly known as board- ine houses. The dimensions for a bcd and breakfast shall meet those for a sinele-family home in the zone district. Boardinghouse. f. building or )loFtion thereof, other than a hotel, lodge or multi)lle fomily dwelling, )lroyiding tem)loroF)' or long term lodging fer six (6) or more guests, sen'ing meals to those guests on a eontinuing basis fer eom)lensation, and haying a mon oger residing on the )lremises, but not )lroviding 0 reataurant or bar, Or oeeessory uses, sueh as reereational facilities, t)')lieally assoeiated with a hotel or lodge. Resolution 13 Series 2007 Page 3 of 34 April 10, 2007 draft Demolition, )laFtial. To raze, disassemble, tear down or destro)' less than fift), (SO) )lereent of an existing strueture as measured b:l exterior surfaee 'l'l'allarea. Pamal demo Iition shall eonstitute demolition ifintended or undeFtal.en in sequenee or )leriodiealFj to ultimately raze, disassemble, or destroy fift), (50) )lereent Or more of a strueture. Dwelling, duplex, A residential building on a single lot or parcel comprised of two (2) attached units in either an over-and-under or side-by-side configuration having a common un- pierced above-erade wall of at least one story in height and ten (10) feet in length, or a com- mon un-pierced wall/ceiling as applicable, Each unit in the duplex shall contain no less than twenty-five (25) percent ofthe total floor area of the duplex structure. Eave point. The point in the roof plane of a structure or building which intersects with the exte- rior wall surface. (See drawing, below), Eave Point / Non-Unit Space, The floor area within a lodge, hotel, or mixed-use buildine that is commonly shared such as lobbies, hallways, stairways, recreational areas, and dining rooms, Landscape Terrace. An uncovered. at-erade space which mav be paved or planted. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.208 - City Council, which outlines the administration of City Council, as follows: Resolution 13 Series 2007 Page 4 of34 April 10, 2007 draft Chapter 26.208 CITY COUNCIL 26.208.010 Powers and duties. In addition to any authority granted by state law or the Municipal Code ofthe City of Aspen, Colorado, the City Council shall have the following powers and duties: A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310; B. To hear, review, and adopt amendments to the text of this Title after recommendation by the commission, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D, To hear, review, and adopt amendments to the official zone district map after recommendation by the Planning and Zoning Commission, pursuant to Chapter 26,310; E. To hear, review, and adopt a conceptual development plan and a final development plan for specially planned areas (SPA), after recommendations of the Planning and Zoning Commission, pursuant to Chapter 26.440; F, To hear, review, and adopt a conceptual development plan and a final development plan for a planned unit development (PUD), pursuant to Chapter 26.445; G, To hear, review, and designate H, Historic Overlay Districts and historic landmarks, after recommendation from the Planning and Zoning Commission and the Historic Preservation Commission, pursuant to Chapter 26.420; H, To review appeals from decisions of the Historic Preservation Commission approving, conditionally approving or disapproving a development application for development or demolition of a historic landmark or a development application for development or demolition in a H, Historic Overlay District pursuant to Chapter 26.415; 1. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a guiding or regulatory capacity by the city. How the material shall be used in relation to the AACP, land use development, and planning shall be described in the content of the resolution or ordinance. Specifically, there shall be a determina- tion of whether the document will be used as a guiding or regulatory document. When used as a guiding document of the city it shall be adopted by resolution and when used as a regulatory document it shall be adopted by ordinance, Any plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted until notice is provided as outlined in Section 26.104,030, Comprehensive Community Plan and Other Plans, Guidelines, or Documents; J. To hear appeals from decisions of decision-making bodies as enabled in each Chapter of this Title7;, Resolution 13 Series 2007 Page 5 of 34 April 10, 2007 draft K. To approve development applications and grant development allotments as required by Chapter 26.470, Growth Management Quota System; L. To hear appeals from interpretations made by the planning director regarding the text of this Title and the boundaries of the official zone district map, pursuant to Chapter 26.306; M. To hear, review, and approve, approve with conditions, or disapprove a plat for subdivision, after recommendation from the Planning and Zoning Commission pursuant to Chapter 26.480; N. To determine if a development proposal is reasonably necessary for the convenience and welfare of the public, pursuant to Section 26,500.040, and thereafter review such proposal in accordance with Section 26.500,050(8}.;, O. To create a Transferable Development Right in accordance with Chapter 26.5357;' and P. To take such other actions not delegated to the Planning and Zoning Commission, the Historic Preservation Commission, the 80ard of Adjustment, or the Director of the Community Development Department, as the City Council may deem desirable and necessary to implement the provisions of this Title. 26.208.020 Ouorum and necessary vote. In accordance with the City Charter. anv aetion bv Council that places anv burden upon orlimits the use of private property, shall be bv ordinanee and shall require the affirmative vote of a maiority ofthe entire City Council for final passaee. Resolutions and motions shall require the affirmative vote of a maiority of the members present. A motion for the adoption of an ordinance that receives less than a maiority of three (3) votes in favor shall constitute a failed motion and shall not be considered action. A tie vote on a motion shall be eonsidered a failed motion and shall not be considered action. For Applications where action is required to be taken bv the City Council and the vote is tied, the Application shall remain pendine until action is taken. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend 26.212.0 10 - Powers and Duties, which outlines the powers and duties of the Planning and Zoning Commission, as fol- lows: 26.212.010 Powers and duties. In addition to any authority granted the Planning and Zoning Commission (hereinafter "commission") by state law or the Municipal Code of the City of Aspen, Colorado, the commission shall have the following powers and duties: A. To initiate amendments to the text of this title, pursuant to Chapter 26.310; Resolution 13 Series 2007 Page 6 of 34 April 10, 2007 draft 8. To review and make recommendations of approval or disapproval of amendments to the text of this title, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To review and make recommendations of approval, approval with conditions, or dis- approval to the City Council in regard to amendments of the official zone district map, pursuant to Chapter 26.310; E. To review and make recommendations of approval, approval with conditions, or dis- approval to the City Council on a conceptual development plan and final development plan for planned unit development (PUD), pursuant to Chapter 26.445; F, To review and make recommendations ofapproval, approval with conditions, or dis- approval to the City Council on adoption of a conceptual development plan and final development plan or specially planned areas (SPA), pursuant to Chapter 26.440; G. To review, seore, and reeommend erant allotments for residential, office and com- mercial, and lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470; H. To make determinations of exemptions from the growth management quota system (GMQS), pursuant to Chapter 26.470; 1. To hear, review and recommend approval, approval with conditions, or disapproval of a plat for subdivision, pursuant to Chapter 26.480; J. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to Chapter 26.425; K. To hear and approve, approve with conditions, or disapprove development subject to special review, pursuant to Chapter 26.430; L. To hear and approve, approve with conditions, or disapprove development in environ- mentally sensitive areas (ESA), pursuant to Chapter 26.435; M. To make its special knowledge and expertise available upon reasonable written request and authorization of the City Council to any official, department, board commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the federal govern- ment; and N. To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this title; O. To grant variances from the provisions of this Title when a consolidated application is presented to the commission for review and approval pursuant to Chapter 26.314; Resolution 13 Series 2007 Page 7 of 34 April 10, 2007 draft P. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; tmd Q, To hear and decide appeals from, and review any order, requirement, decision, or de- termination made by, any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the Residential De- sign Standards. The commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an ap- proval to vary other standards of this Chapter that may be provided by another deci- sion making administrative body.; and R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding capacity by the Commission or, if to be used in a regulatory capacity, to recommend via resolution adoption of any plans, guidelines, or documents by the City Council. How the material shall be used in relation to the AACP, land use development, and planning shall be described in the content of the resolution. Specifically, there shall be a determi- nation of whether the document will be used as a guiding or regulatory document. When a plan, guideline, or document is to serve as a regulatory document as determined by the Commission, the resolution shall include a recommendation to the City Council for adoption of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Docu- ments. Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.212.050 - Quorum and necessary vote, which outlines the required quorum and votes ofthe Planning and Zoning Commission in order to hold a meeting and take action, as follows: 26.212.050 Quorum and necessary vote. No meeting of the commission may be called to order without a quorum consisting of at least four (4) members of the commission being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain, All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes, of the members of the commission then present and voting. A motion reeeivinl! less than a maiority of votes in favor or less than three (3) eoncurrinl! votes shall constitute a failed motion and shall not be considered aetion. A tie vote on a motion shall be considered a failed motion and shall not be considered action. For Ap- plications where action is required, the Application shall remain pendinl! until action is ta ken. Resolution 13 Series 2007 Page 8 of34 April 10, 2007 draft Section 5: Pursuant to Section 26.310 ofthe Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26,216.0 I 0 - Powers and Duties, which outlines the powers and duties ofthe Board of Adjustment, as follows: 26.216.010 Powers and duties. In addition to any authority granted the Board of Adjustment (hereinafter "board") by state law or the Municipal Code of the City of Aspen, Colorado, the board shall have the following powers and duties: A. To hear, review and approve variances, not ineludinl! variances to allowable FAR or heil!ht. to the terms ofthese regulations, pursuant to Chapter 26.314,. B. To hear and deeide a)l)leals from, and re,..iew any order, requirement, deei sion, or determination made by, any administrative official eharged with the en f6reement of this title, )lllFSlIllnt to Cha)lter 26.316, exee)lt for a)l)leals ofinter)lre tation of the text ofthis title or the boundaries of the ZODe distriet ma)l ",hieh shall be heard aDd decided by the Cit)' Couneil, and, exee)lt as otherwise s)leeifieally )lro...ided in this title. (Ord. No. 41 2002 ~ 1,2002) Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.216.050 - Quorum and necessary vote, which outlines the required quorum and votes of the Board of Adjustment in order to hold a meeting and take action, as follows: 26.216.050 Quorum and neeessary vote. No meeting of the board shall be called to order without a quorum consisting of at least four (4) members ofthe board being present. No meeting at which less than a quorum shall be pre- sent shall conduct any business other than to continue the agenda items to a date certain. The concurring vote of four (4) members of the board then present and voting shall be re- quired to decide any appeal, reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement of the Title or to approve any vari- ance to the terms of these regulations, All other actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes, of the members ofthe board then present and voting. A motion receivinl! less than a majority of votes in favor or less than three (3) concurrinl! votes shall constitute a failed motion and shall not be considered action. A tie vote on a motion shall be considered a failed motion and shall not be considered action. For Ap- plications where aetion is required. the Application shall remain pendinl! until action is taken. Resolution 13 Series 2007 Page 9 of34 April 10, 2007 draft Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.220.050 - Quorum and necessary vote, which outlines the required quorum and votes of the Historic Preservation Commission in order to hold a meeting and take action, as follows: 26.220.050 Quorum and necessary vote. No meeting of the commission shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote ofa simple majority, but in no event less than three (3) con- curring votes, of the members of the commission then present and voting. A motion receivinl! less than a majority of votes in favor or less than three (3) coneurrinl! votes shall constitute a failed motion and shall not be considered aetion. A tie vote on a motion shall be eonsidered a failed motion and shall not be considered action. For Ap- vlieations where action is required, the Application shall remain vendinl! until action is taken. Section 8: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.304.075(8)(1) - Processing, which outlines the requirements for a project to receive a building permit, as follows: 26.304.075 Building Permit. B. Processing. I. Complies with the lJniform International Building Code and other applicable con- struction codes; Section 9: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.306,010 - Interpretation, which out- lines the procedures of requesting and granting interpretations, as follows: 26.306.010 Interpretation. A. Authority. The Community Development Director shall have the authority to make all in- terpretations of the text of this Title and the boundaries of the zone district map, B. Initiation. An interpretation may be requested by any affected person, any resident or real property owner in the City of Aspen, or any person having a contractual interest in real prop- erty in the City of Aspen. The Community Development Director shall have the authority to initiate interpretations of Title 26. Resolution 13 Series 2007 Page 10 of 34 April 10, 2007 draft C. Procedures. I. Submission of request for interpretation. Before an interpretation shall be provided by the Community Development Director, a request for interpretation shall be submit- ted to the Community Development Director. 2. Determination of completeness. Within fifteen (15) days after a request for interpre- tation has been received, the Community Development Director shall determine . whether the request is complete, If the Community Development Director determines the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the request for interpretation until the deficiencies are remedied, 3. Rendering of interpretation. After the request for interpretation has been determined complete, the Community Development Director shall render an interpretation within fifteen (15) days. The Community Development Director may consult with the City Attorney and review this Title and the zone district map, whichever is applicable, be- fore rendering an interpretation. D. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail. E. Official record. The Community Development Director shall maintain an official record of all interpretations in the Community Development Department, which shall be available for public inspection during normal business hours. Once an interpretation is rendered. publie notice describinl! the interpretation shall be published in the lel!al notice section ofan offi- cialpaper or a paper of l!eneral cireulation in the City of Aspen. Such notice shall be pro- vided within fifteen (15) davs of the interpretation beinl! rendered. and shall be substantiallv in the followinl! form: "A code intcrpretation to Section 26.xx.xx of the City of Aspen Land Use Code. requested bv xx, was rendered on xx/xx/xx and is available for public inspection in the Community Development Department." F. Appeal. Any person who has made a request for interpretation may appeal the interpretation ofthe Community Development Director to the City Council in accordance with the appeal procedures set forth at Chapter 26.316. Seetion 10: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.310.020 (B) - Steps Required, which outlines the required steps for a Land Use Code Amendment, as follows: B. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commis- sion, and (b) a public hearing before the City Council. I. Step One - Public Hearing before Planning and Zoning Commission, Resolution 13 Series 2007 Page 11 of 34 April 10, 2007 draft a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b, Notice requirements for a privately initiated amendment to the official zone district map: Publication, mailing, and posting. (See section 26.304.060(E)(3)(a)(b)(c)), Notice requirements for an amendment to the official zone district map initiated by the city: Publication, mailing to property owners that are subject to the rezoning application at least fifteen (15) days prior to the public hearing. Notice requirements for an amendment to the Land Use Code: Publication pursu- ant to section 26.304.060(E)ill(a). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map, b. Notice requirements for a privately initiated amendment to the official zone district . map: Publication, mailing, and posting (See section 26.304,060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an amendment to the official zone district map initiated by the city: Publication, mailing to property owners that are subject to the rezoning application at least fifteen (15) days prior to the public hearing in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an amendment to the Land Use Code: Publication pursu- ant to section 26.304,060(E)ill(a) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 11: Pursuant to Section 26.310 of the Municipal Code, the Aspen P.lanning and Zoning Com- mission hereby recommends City Council amend 26.314.040 - Standards applicable to variances, which outlines the review criteria required to grant a variance, as follows~ 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appro- priate decision making body shall make a finding that the following three (3) circumstances exist: I. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies ofthe Aspen Area Community Plan and this Title; Resolution 13 Series 2007 Page 12 of 34 April 10, 2007 draft 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone dis- trict, and would cause the applicant unnecessary hardship. as distinl!uished from mere inconvenience or )lractieal diffieult)'. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or build- ings in the same zone district and which do not result from the actions of the appli- cant; or b. Granting the variance will not confer upon the applicant any special privilege de- nied by the Aspen Area Community Plan and the terms of this Title to other par- cels, buildings, or structures, in the same zone district. B. In order to authorize a variance from the permitted uses of Title 26, the appropriate deci- sion making body shall make a finding that all of the following circumstances exist: I. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with section 26.304.060(E)(3)(a)--(c). 2. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnecessary hardship or )lraetielll djffi eHltysuch that the property would be rendered practicaUv undevelopable, as dis- tinl!uished from mere ineonvenience. 3, The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities sur- rounding the subject parcel. 4. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision making body to insure such res- toration. Section 12: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.316.020 - Authority, which outlines Resolution 13 Series 2007 Page 13 of 34 April 10, 2007 draft the authority of the Board of Adjustment, City Council, and Planning and Zoning Commis- sion to hear appeals, as follows: 26.316.020 Authority. A. Board of Adjustment. The 80ard of Adjustment shall have the authority to hear and de- cide the following appeals: 1. Any deeision or determination made by IIn administratin offieial unless otherwise s)leeifieall)' stated in thia title. p. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission or Historic Preservation Commission. B. City Council. The City Council shall have the authority to hear and decide the following appeals: I. An interpretation to the text of this title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal ofthis nature shall be a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development application for development in an "H,", Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting. 3. The scoring determination or alloeations of the Crowth Management Commission Community Development Director pursuant to Chapter 26.470, An appeal of this na- ture shall be a public meeting. 4. The allocation of Growth Manal!ement Allotments bv the Planninl! and Zoninl! Commission pursuant to Chapter 26.470. An appeal ofthis nature shall be a pub- lic meetinl!. 4~. Any other appeal for which specific authority is not granted to another board or com- mission as established by this title, An appeal of this nature shall be a public meeting, C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D), D. Administrative Hearinf! Officer. The Administrative Hearinl! Officer shall have the authority to hear an apneal from anv decision or determination made bv an administrative official unless otherwise specificallv stated in this title. Section 13: Pursuant to Section 26.310 ofthe Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.316.030(F) - Action by the decision- Resolution 13 Series 2007 Page 14 of34 April 10, 2007 draft making body hearing the appeal, which actions decision-making bodies are permitted to make when hearing appeals, as follows: 26.316.030 Appeal procedures. F. Action by the decision-making body hearing the appeal. The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers ofthe officer, board or commission from whom the appeal is taken, including the power to impose reason- able conditions to be complied with by the appellant. The decision-makinl! bodv mav also elect to remand an appeal to the bodv that oril!inally heard the matter for further pro- ceedinl!s eonsistentwith that body's iurisdiction and directions l!iven. ifany. bv the bodv hearinl! the appeal. The decision shall be approved by written resolution. All appeals shall be public meetings. Section 14: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.430.040(C) - Reduction of open space requirement in the Commercial Core (CC) zone district, which outlines the requirements for pedestrian amenity space in the Commercial Core to be amended via special review, as fol- lows: 26.430.040 Review standards for special review. C. Reduction of Bflen spaeePublic Amenitv 1'ef[uil'ement in the Commercial COFe (CC) zone dislFiet. Whenever a special review is conducted to determine whether a reduction of the Public Amenity o)len s)laee requirement in the Commercial Core (CC) zone distriet is to be granted, it shall be reviewed in accordance with the standards set forth at section 26,575.030~. Seetion 15: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.430.040 - Review Standards for Spe- cial Review, which outlines the requirements for special reviews, as follows: 26.430.040 Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all stan- dards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed devel- opment are subject to special review, the development application shall only be approved if the following conditions are met. I. The mass, height, density, configuration, amount of open space, landscaping and set- backs of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. Resolution 13 Series 2007 Page 15 of 34 April 10, 2007 draft ___..__~__.....V"'C'"~,~,.''' <"__~..,... 2, The applicant demonstrates that the proposed development will not have adverse im- pacts on surrounding uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood, or blocking of a designated view plane, B. Replacement of non-conforming structures. Whenever a structure, or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: I. The proposed development shall comply with the conditions of section 26.430.040(A) above; and, 2. There exist special characteristics unique to the property which differentiate the prop- erty from other properties located in the same zone district; and, 3. No dimensional variations are increased and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and, 4, Literal enforcement of the dimensional provisions of the zone district would cause un- necessary hardship upon the owner by prohibiting reasonable use of the property. C. Reduction of open space requirement in the Commercial Core (CC) zone district. When- ever a special review is conducted to determine whether a reduction of the open space re- quirement in the Commercial Core (CC) zone district is to be granted" D. !nel'eflse of Floor A."ell. Whenenr a s)leeial reyiew is eondueted to determine an in erease in the external Floor f.rea Ratio, as )lrovided in s)leeified zone distriets, the denl o)lment a)l)llieation is subject to the following eriteria: 1. f. minimum of sixt), (60) )lereent of the additional floor area shall be affOrdable housinl;, with no more than f"llFt)' (10) percent oftkc additional floor area intended f-er other uses. 2. The deve!o)lment eom)llies with the dimensional requirements eriteria of section 26.130.010(:\) abo..-e. 3. For )lro)lerties listed on the f.s)len InventOr)' of Historie Landmarl. Sites and Struetures, the afferdable housing )loFtion oCthe additional floor area may be )lro vided either off site or yia a eash in lieu )layment, if the fellowing eriteriaare met: a. In order to ensure the addition is eom)latible with the historie structure in terms of design, seale, site )llan, massing, or volume, on site afferdllble housing mitigation is undesirable. Resolution 13 Series 2007 Page 16 of 34 April 10, 2007 draft b. ,"ny off site afferaable housing mitigation is )lril'/ided at a lenl meeting or exeeeding the )lrovisions of seetion 26.179.070(n)(5), e. The amount ofn8n nffordable housing floor area does not exeeed fort), (10) )lereent of the additional Floor Area Ratio all9\~'ed by S)leeial Re...iew. DE. Off-street parking requirements. Whenever a special review is conducted to determine a change in the off-street parking requirements, it shall be considered in accordance with the standards set forth at Chapter 26.515. liF. Utility/trash service area. Whenever a special review is conducted to determine a change in any utility/trash service area requirements, it shall be considered in accordance with the standards set forth at section 26.575.060. FG. Subdivision design standards. Whenever a special review is for development which does not meet the subdivision design standards of section 26.480.050, the development shall be ap- proved only if the conditions set forth at section 26.480.050 have been met. GH. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in acc<;lrdance with the standards set forth at section 26.520.080(D). HI. Wireless Telecommunicationsjacilities and/or equipment. Whenever a special review is conducted to appeal the decision of the Community Development Director regarding a pro- posed wireless telecommunications service facility or equipment or to determine a proposed increase in the allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in accordance with the standards set forth in Section 26.575.130(P(6) (Wireless Telecommunication services facilities and equipmentt Section 16: Pursuant to Section 26.310 ofthe Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.430,050(C) - Mountain view plane review standards, which outlines review standards for Mountain view plane review, as fol- lows: 26.435.050 Mountain view plane review. C. Mountain view plane review standards. No development shall be permitted within a mountain view lane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. I. No mountain view plane is infringed upon, except as provided in Section I 26.135.050 (C)(2)below. Resolution 13 Series 2007 Page 17 of 34 April 10, 2007 draft When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this title, development shall pro- ceed according to the provisions of Chapter 26.445 as a planned unit development, so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limita- tions. The Planning and Zoning Commission may exem)lt any denlo)ler from the above enumerated requirements whent"ler it is determined that the view )llane docs Rat so effeet the )lareelas to refluire a)l)llieation ofPUD or that the effeets of the dew )llane may be othem'ise aeeommodated. The Planninl! and Zoninl! Commission. after considerinl! a recommendation from the Community Development Department. mav exempt a development from be- inl! processed as a planned unit development when the Planninl! and Zoninl! Commission determines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is lo- cated in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed devel- opment will further infringe upon the view plane, and the likelihood that redevelop- ment of the adjacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane, and re- redevelopment to re-open the view plane cannot be anticipated, the Planning and Zon- ing Commission shalla)l)lrove the denlo)lment exempt the development from the requirements oHhis section. Section 17: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.430.060(C) - Hallam Lake 8luffre- view standards, which outlines review standards for Hallam Lake 8liffreview, as follows: 26.435.060 Hallam Lake Bluff review. C. Hallam Lake Bluffreview standards. No development shall be permitted within the Hal- lam Lake BluffESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: I. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. 2. All development within the fifteen-foot setback from the top of slope shall be at grade, Any proposed development not at grade within the fifteen-foot setback shall not be ap- proved unless the Planning and Zoning Commission determines that the following conditions can be met: Resolution 13 Series 2007 Page 18 of34 April 10, 2007 draft a. A unique condition exists on the site where strict adherence to the top of slope set- back will create an unworkable design problem. b. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. d, Landscape treatment is increased to screen the structure or development in the set- back from all adjoining properties. 3, All development outside the fifteen-foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top-of-slope. Height shall be measured and determined by the Community Devel- opment Director using the definition for height set forth at Section 26-104.1 00 and the method of calculating height set forth at Section 26.575.020, 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the develop- ment as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die, 5. All exterior lighting shall be low and downcast with no light(s) directed toward the na- ture preserve or located down the slope and shall be in compliance with section 26.575.150. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage pat- terns and rates must be maintained, Pools or hot tubs cannot be drained down the slope, 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and per- tinent elevations above sea level. Section 18: Pursuant to Section 26.31 0 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.445.050(E) - Architecture Character, which outlines Architectural Character review standards for Planned Unit Developments, as follows: 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. E. Architectural Character. Resolution 13 Series 2007 Page 19 of34 April 10, 2007 draft I. b.!!e compatible with or enhance the visual character of the city, appropri- ately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources, 2. !incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Aaccommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Section 19: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.450 - Temporary Uses, which outlines standards relating to temporary uses, to read: Chapter 26.450 TEMPORARY AND SEASONAL USES Section 20: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.450.020- Authorization for temporary use, which outlines the permitted duration of a temporary uses, as follows: 26.450.020 Authorization for temporary uses. No temporary use shall be permitted except upon review and approval by either the Commu- nity Development Director or by City Council in accordance with the procedures, standards and limitations set forth in this Chapter. A temporary use may be granted by the City Council for a period of up to 180 days. An insubstantial temporary use may be authorized by the Community Development Director. An insubstantial temporary use shall be defined as a tem- porary use that meets the criteria set forth below in Section 26.450,030, is limited to a period of time not to exceed seven (7) days, the impact upon the immediate vicinity is determined to be minimal, and in the opinion ofthe Community Development Director does not require the review and approval of the City Council. Tents which are erected for a period of time which does not exceed seven (7) davs, and which are erected on private property shall be exempt from obtaininl! a temporary use permit. Section 20: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.450 .050(A)- Duration, which outlines the permitted duration of a temporary uses, as follows: Resolution 13 Series 2007 Page 20 of 34 April 10, 2007 draft 26.450.050 Duration and expiration of a temporary use. A. Duration. Temporary uses may be granted for a period not to exceed one hundred eighty (180) ~ays from the date upon which the City Council approves--!lllflle the temporary use, unless a shorter period is specified in the approval. Insubstantial temporary uses may be granted for a period not to exceed seven (7) days from the date upon which the Community Development Director approved~ the temporary use, unless a shorter period of time is specified in the approval. For seasonal uses, the City Couneil shall determine the maximum number of annual re- currenees. whieh shall exceed ten (10) vears. Section 21: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.450.060 - Procedure for temporary use approval, which outlines standards relating to temporary use approval, as follows: 26.450.060 Procedure for temporary use approval. A development application for temporary use shall be submitted to the Community Develop- ment. If the Community Development Director determines that the proposed temporary use is insubstantial in accordance with the criteria set forth at sections 26.450.020 and 26.450.030, he-the Community Development Director may grant, or grant with conditions, the insub- stantial temporary use. The Community Development Director may as part of the determina- tion whether the temporary use is insubstantial, require the applicant to provide notice to sur- rounding property owners with the an opportunity to comment by a date certain. The form and method of such notice shall be in the sole discretion of the Community Development Director taking into account the nature of the temporary use and its potential impacts upon the immedi- ate vicinity. If the Community Development Director determines that the proposed temporary use is not insubstantial, he-the Community Development Direetor shall forward same with comments and recommendations to City Council. City Council shall then after a public hear- ing approve, approve with conditions, or deny the application. The hearing before City Coun- cil shall be preceded by timely notice (publication, posting and mailing) as specified in section 26.304.060(E)(3)(a)(b )&( c), and all hearings shall be conducted in accordance with the proce- dures set forth in section 26.304.060(C) of this title. (Ord. No. 27-2002 S 17, 2002) Section 22: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.480.050(A) - Review Standards, which outlines standards relating to Subdivision Review, as follows: 26.480.050 Review Standards. A. General requirements. 1ft. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan, Resolution 13 Series 2007 Page 21 of 34 April 10, 2007 draft ~b. The proposed subdivision shall be consistent with the character of existing land uses in the area. ~e. The proposed subdivision shall not adversely affect the future development of sur- rounding areas. ;!d. The proposed subdivision shall be in compliance with all applicable requirements of this Title, Section 23: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.480.050(8) - Review Standards, which outlines standards relating to Subdivision Review, as follows: 26.480.050 Review Standards. B. Suitability of landfor subdivision. la, Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rock- slide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. ~b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs, Section 24: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.520.020 - General, which outlines provisions related to Accessory Dwelling Units, as follows: 26. 520.020 General Accessory Dwelling Units and Carriage Houses are separate dwelling units incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contiguous lot under the same ownership. A primary residence may have no more than one ADU or Carriage House. An ADU or Carriage House may not be accessory to another ADU or Carriage House. A detached ADU or Carriage House may only be conveyed separate from the primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser pursu- ant the Aspen/Pitkin County Housing Authority Guidelines, as amended. ADUs and Carriage Houses shall not be considered units of density with regard to zoning requirements. Accessory dwelling units and Carriage Houses shall not be used to satisfY employee housing require- ments of the Growth Management Quota System (GMQS). except as outlined in section 26.470.060(2). Accessory dwelling units and Carriage Houses also may not be used to meet the requirements ofCha)lter 26.530 "Residential MultiFamily Housing Re)llaeement Pro gram." Seetion 26.470.070(6) "Demolition or Redevelopment of Multi-Familv Housinl!." Resolution 13 Series 2007 Page 22 of 34 April 10, 2007 draft All ADUs and Carriage Houses shall be developed in conformance with this Section. Section 25: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.575.020(A) - Floor area, which out- lines standards relating to calculating and measuring floor area, as follows: 26.575.020 Calculations and measurements. A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the fol- lowing applies: I. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. When measurinl! from exterior walls. the veneer and all exterior treatments shall be included. When ealculatinl! areas with stairs, each floor-to-floor staircase is counted onlv once. 2. Decks. 8alconies. Porches. Loggias and Stairwavs. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, terraees l!azebos. and similar features, unless the area of these features is greater than fifteen (15) percent of the maximum allowable floor area of the building (the excess of the 15% shall be included). Porches and landscape terraces shall not be counted towards FAR, 3, Garages. Carports and Storage Areas. In all zone districts except the R-15-8 zone district, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports, and storage areas shall be ex- cluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area; all garage, carport and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall only be excluded from floor area calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area. For the purposes of determining the exclusion, if any, applicable to garages, carports, and stor- age areas, the area of all structures on a parcel shall be aggregated. For l!aral!es that are part of a basement. the l!aral!e exemption is taken from the total below l!rade area before the sub-l!rade calculation takes place. In the R- 18 zone district, garage, carport, and storage areas shall be limited to a five hundred (500) square foot exemp- tion Resolution 13 Series 2007 Page 23 of 34 April 10, 2007 draft 4, Sub grade areas. To determine the portion of subgrade areas that are to be included in calculating floor area, the following shall apply: a, For any story that is partially above and partially below natural or finished grade, whichever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calcu- lation. Subgrade stories with no exposed exterior surface wall area shall be ex- cluded from floor area calculations, (Example: If fifteen (15) percent of the exterior surface wall area has been ex- posed above natural or finished grade (whichever is lower), then fifteen (15) per- cent ofthe gross square footage of the subject story will be included as floor area.) b. ,"Iso excluded from floor area ealeulations shall be an)' )lortion of a subgrade aeee5soF)' dwelling lInit whose exterior surfaee wall area is eX)losed above grade fer glass, window o)lenings, dooFS, and similar ways of getting light and air into the unit, or that )lro...ides required Unif~rm Building Code egress to the unit. The maximum amount of this ex elusion shall be one hun dred (100) s.f of the floor area of the aeeessoF)' dwelling unit. e!!.. For any dwelling unit that can be accessed from an alley or private road en- tering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-sections a. and b. if it is located along said alley or road. d~. In the R-158 zone district only, garages, carports, and storage areas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord, No, 56-2000, 9 8) 6. Accessorv Dwelling Units and Carriage Houses, An Accessory Dwelling Unit or Carriage House shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described be- low: Detached and permanentlv affordable ADU or Carriage House Floor Area Ex- emption. One Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached from the primary residence and deed restricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in ac- cordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per parcel. Resolution 13 Series 2007 Page 24 of 34 April 10, 2007 draft 7. Affordable Housing Bonus. The Floor Area of a parcel containing a single- family or duplex residence and a permanently affordable "For Sale" ADU or Carriage House located on the same parcel which has been transferred to a quali- fied purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage House up to a maximum bonus of six-hundred (600) square feet per parcel. 8. Linked Pavilion, Any element linking the principal structure to an acces- sory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (I) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess of ten feet in length shall be counted in floor area. 9.AlIocation of Non-Unit Space in a mixed-use buildinl!. In order to deter- mine the total floor area of individual uses in a mixed-use buildinl!, the total floor area for non-unit space shall be allocated on a proportionate basis of the use eatel!ories outlined in the subject zone district's FAR schedule. The buildinl!'s l!ross floor area, minus all non-unit space shall be divided amonl!st the individual use catel!ories in a buildinl!. These numbers shall then be calculated as a percent ofthe l!ross floor area number that does not include the non-unit space. A proportionate share of the non-unit floor area shall then be allocated towards each use catel!orv. This provision shall ap- plv to all zone distriets permittinl! mixed-use buildinl!s. For instance. if a buildinl! was eomprised ofthe followinl! square footal!es: 2.000 SQ. ft. commercial floor area + 4,000 SQ. ft. free-market residential floor area + 2.000 SQ. ft. affordable housinl! floor area + 1,000 SQ. ft. of non-unit floor area = 9.000 SQ. ft. total floor area Then. the total unit floor area in the buildinl! would be 8,000 SQ. ft. floor area. Usinl! the Alloeation of Non-Unit Space standard. the uses aecount for the followinl! pereental!es of the total unit floor area: commercial floor area = 25% free-market residential floor area = 500!.. affordable housinl! floor area = 25% Resolution 13 Series 2007 Page 25 of 34 April 10, 2007 draft Therefore, the 1.000 SQ. ft. of non-unit space is allocated to the different uses as follows: commercial floor area = 25% x 1.000 SQ. ft. = 250 SQ. ft. free-market residential floor area = 50'Yo x 1.000 SQ. ft. = 500 SQ. ft. affordable housinl! floor area = 250;', x 1.000 SQ. ft. = 250 SQ. ft. Section 26: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26,575.040(A) - Projections into required yards, which outlines what is permitted in required yards, as follows: 26.575.040 Yards. A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky except for the following allowed projections: I. Building eaves--Eighteen (18) inches; 2. Architectural projections-- Eighteen (18) inches; 3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third of the way between the required setback and the property line or four (4) feet. 4, Fire escapes required by the Unifilrm International Building Code--Four (4) feet; 5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which do not exceed thirty (30) inches above or below natural grade or finished l!rade. whichever is more restrictive, shall be permitted to project into the yard with- out restriction. Projections may exceed thirty (30) inches below grade if determined to be required by the chief building official for window egress. 6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural grade, are permitted in all required yard setbacks. (See, Supplementary Regula- tions - Section 26.575.050, Fences.). 7. Driveways Driveway access shall not exceed a depth or height greater than twenty- four (24) inches above or below grade within the required front yard setback. Within all other required setbacks, driveway access shall not exceed a depth or height greater than thirty (30) inches above or below grade, Parking is only permitted within required setbacks if it is in an approved driveway or other area approved for parking. Resolution 13 Series 2007 Page 26 of 34 April 10, 2007 draft 8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be prohibited in all required yard set backs. 9. Mechanical equipment. Mechanical equipment shall be prohibited in all front vard setbaeks. On corner lots, mechanical equipment mav not be placed in the set- back of anv vard facinl! a Street. 10. Trash containers. Wildlife resistant refuse containers and dumpster enclo- sures that meet the requirements of Section 12.08 of the Municipal Code (Wildlife Protection) shall be allowed in the setbaeks. Permanent placement oftrash con- tainers shall be prohibited in all front vard setbacks. On corner lots. permanent placement of trash containers shall not be permitted in the setback of anv vard facinl! a Street. Section 27: Pursuant to Section 26,310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.575.040(C) - Corner Lots, which out- lines provisions for corner lots, as follows: C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall have a choice as to which yard shall be considered as the front yard, SHeil yard to which shall meet minimum setbacks for a front yard in that zone district. The remaining yard bordering a street ms)' be redHeed by one third (113) shall be two-thirds (2/3) of the required front yard setback distance for the zone district. The rear yard must coincide with the rear alignment of neighboring lots regardless of which yard is considered the front yard by the owner. Section 28: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.575,050 - Fences, which outlines re- quirements for fences, as follows: 26.575.050 Fences. Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Desil!n Standards (see Chapter~ 26.410 and 26.412). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a height offorty-two (42) inches, measured from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. (Ord, No, 55-2000, ~ 16) Resolution 13 Series 2007 Page 27 of 34 April 10, 2007 draft Section 29: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.575.060 - Utility/Trash/Recycle Ser- vice Areas, which outlines requirements for Utility/Trash/Recycle Service Areas, as fol- lows: 26.575.060 Utilityffrash/Recycle Service Areas. A. General. The following provisions shall apply to all utility/trash service areas: I. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound con- struction and shall be no less than 90% opaque. 2, Whenever this Title shall require that an utility/trash/recycle service area be pro- vided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this title provided that an open area is provided which shall be accessi- ble to the alley, and which meets the dimensional requirements of this section. 3. A minimum of twenty (20) linear feet ofthe utility/trash service area shall be re- served for box storage, utility transformers or equipment, building access, and trash and recycling facilities. For properties with 30 feet, or less, of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley ac- cess, no requirement shall apply. The required area shall have a minimum vertical clearance of 10 feet and a minimum depth of I 0 feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. 4. The Planning and Zoning Commission may reduce the required dimensions ofthis area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Section 26.575.060(B). 8. Review standards for reduction of dimensions. The Planninl! and Zoninl! Commis- sion mav reduce the dimensions of a utility/trash/recvcle seryice area bv followinl! sllecial review procedures set forth at Chapter 26.430 if: 1. There is a demonstration that l!iven the nature of the potential uses of the build- inl! and its total square footal!e. the utility/trash/service area proposed to be pro- vided will be adeQuate. 2. Access to the utilitv/trash/recvcle service area is adequate. 3. Measures are provided for enclosinl! trash bins and makinl! them easilv movable bv trash personnel. 4. When appropriate. provisions for trash compaction are provided bv the proposed development and measures are taken to encoural!e trash compaction bv other devel- opment in the block. 5. The area for public utilitv placement and maintenance is adequate and safe for the placement of utilities. Resolution 13 Series 2007 Page 28 of 34 April 10, 2007 draft 6. Adequate provisions are incorporated to ensure the construction of the access J!ffib Section 30: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.575 to add 26.575.220, Lodge Audit- ing, which outlines requirements for auditing the operations oflodge development, as fol- lows: 26.575.220 Lodl!e Occupancv Auditinl! The Community Development Director shall be authorized to require peri- odic operational audits of lodl!e developments to ensure compliance with the land use code and requirements for lodl!e operations. This audit mav include. but is not limited to. an occupancv report of the lodl!e and individual units therein. rate sehedules. the manner in which short-term occupancies are mar- keted and manal!ed; nhvsical aspects of the operation such as the number of units and pillows in the lodl!e. the number of affordable housinl! units provided on-site, other units and amenities on-site. the number of parkinl! spaces pro- vided on-site; the dimensional characteristics of the lodl!e; and anv additional conditions of approval. The Community Development Director mav request in- formation be provided in a specifie time frame. and may request a site inspec- tion as part of the audit. Property owners mav request that eertain information. sueh as marketinl! stratel!ies or rate schedules. be held in confidence bv the City. Section 31: Pursuant to Section 26.310 ofthe Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend Section 26.200 of the Municipal Code to add Section 26.222, Administrative Hearing Officer, which outlines Administration of De- cision Making Bodies, as follows: Chapter 26.222 ADMINISTRATIVE HEARING OFFICER Seetions: 26.222.010 Powers and duties. 26.222.020 Qualifications for membership. 26.222.030 Membership--Anpointment. removal. terms and vacancies. 26.222.040 Staff. 26.222.050 Decisions. 26.222.060 Meetinl!s. hearinl!s and procedure. 26.222.010 Powers and duties. In addition to anv authority l!ranted the Administrative Heatinl! Officer (hereinafter "of- ficer") bv state law or the Municipal Code of the City of Aspen. Colorado. the officer shall have the followinl! powcrs and duties: Resolution 13 Series 2007 Page 29 of 34 April 10. 2007 draft _.,"--,.,,,,--,-'---"'-~."~~'-~----- A. To hear and decide appeals from, and review anv order, requirement, decision, or determination made bv, anv administrative official charl!ed with the enforcement of this title, pursuant to Chapter 26.316, except for appeals of interpretation of the text of this title or the boundaries of the zone district map whieh shall be heard and decided bv the City Couneil. and, except as otherwise specificallv provided in this title. ' 26.222.020 Qualifications for membership. A. The Administrative Hearinl! Officer shall be a Qualified elector in the City of Aspen and a resident ofthe city for one (1) vear prior to appointment. No member ofthe City Couneil. the Mavor, a city emplovee or anv appointed city official shall serve as the officer. 26.222.030 Membership--Appointment. removal. terms and vacancies. A. At least one (1) Administrative Hearinl! Officer shall be appointed bv the City Council. The City Council mav appoint more than one (I) officer as City Council deems necessary. B. All officers serve at the pleasure of the City Council and mav be removed for cause prior to the expiration of their appointment bv a majority vote ofthe City Council. Cause mav include. but is not limited to. the followinl!: the member is no lonl!er a Quali- fied elector. or the member while in office is convicted of a felonv or an offense involvinl! moral turpitude. C. All officers shall serve a term offour (4) vears. There shall be no restraint on the number of terms anv officer mav serye. D. The officer mav administer oaths, shall be in charl!e of all proceedinl!s before the officer. shall decide all points of order on procedure. and shall take such aetion as shall be necessary to preserye the order and the intel!rity of all proceedinl!s before them. E. The secretary for all matters heard bv the officer shall be the City Clerk or the City Clerk's desil!nee. The seeretary shall keep the minutes. and shall maintain the files of all studies. plans, reports, recommendations and development decisions bv the officer. F. Administrative Hearinl! Officers shall serye without compensation. 26.222.040 Staff. A. The Community Development Department shall be the professional staff of the officer. 26.216.050 Decisions. A. The Administrative Hearinl! Officer shall render a decision within ten (10) workinl! davs of the close of a hearinl!. The officer mav approve, approve with condi- tions. or denv a development application. All decisions shall be placed in the public re- cord with the Pitkin County Clerk and Recorder and shall be available to the public. Resolution 13 Series 2007 Page 30 of 34 April 10, 2007 draft 26.216.060 Meetinl!s, hearinl!s and proeedure. A. Meetinl!s of the Administrative Hearinl! Officer shall be held as required. B. All meetinl!s and hearinl!s shall be open to the public. C. Public hearinl!s shall be set for a date and time certain. Section 32: Pursuant to Section 26.310 ofthe Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.210.020 - Director of Community De- velopment Department, which outlines the powers and duties of the Community Develop- ment Department, as follows: 26.210.020 Director of Community Development Department. A. Creation and Appointment. The Community Development Director shall be the agency head of the Community Development Department and shall be appointed by and serve at the pleasure of the City Manager. B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Community Development Department Director by other provisions of the Municipal Code of the City of Aspen, Colorado, the Community Develop- ment Department Director shall have the following jurisdiction, authority and duties: I. To serve as staff to the City Council, to provide such body with planning and tech- nical assistance and to inform such body of all facts and information available with re- spect to development applications or any other matters brought before it; 2. To serve as staff to the Planning and Zoning Commission, to provide such body with planning and technical assistance and to inform such body of all facts and infor- mation available with respect to development applications or any other matters brought before it; 3, To serve as staff to the Historic Preservation Commission, to provide such body with planning and technical assistance, to inform such body of all facts and informa- tion available with respect to development applications or any other matters brought before it and to inform such body regarding historic preservation items being heard by other city boards in advance ofthose hearings; 4. To serve as staff to the Board of Adjustment and other decision making bodies es- tablished by this Title and to inform such bodies of all facts and information available with respect to development applications or any other matters brought before it; 5. To serve as staff to the Administrative Hearinl! Officer. to provide such offi- cer with pIanninl! and technical assistance and to inform such officer of all facts and information available with respect to appeals of decisions made bv an administrative offieial or anv other matters broul!ht before it. Resolution 13 Series 2007 Page 31 of34 April 10, 2007 draft !is. To render interpretations ofthis Title or the boundaries ofthe official zone district map pursuant to Chapter 26.306; 16, To enforce any provision of this Title or any other provision of the Municipal Code ofthe City of Aspen; IF-. To establish such rules of procedure necessary for the administration of the Com- munity Development Department Director's responsibilities; 28. To exempt development within a H, Historic Overlay District in accordance with Chapter 26.415; 109. To approve minor modifications to a development order for development or demolition within a H, Historic Overlay District in accordance with Chapter 26.415; !!W. To exempt development in an environmentally sensitive area (ESA) in accor- dance with Chapter 26.435; 12H. To exempt development which is subject to special review in accordance with Chapter 26.430; 13~. To approve, approve with conditions, or deny development subject to GMQS administrative approval in accordance with Chapter 26.470; 14. To score l!rowth manal!ement applications in accordance with Chapter 26.470; ISH, To approve development subject to Subdivision administrative approval in ac- cordance with Chapter 26.480; 16. To approve development subiect to Speciallv Planned Area administrative approval in aecordance with Chapter 26.440; 17. To approve development subject to Planned Unit Development administrative approval in accordance with Chapter 26.445; 18M. To undertake all other general comprehensive planning responsibilities; 19M. To initiate amendments to the text ofthis Title or to the Official Zone District Map, pursuant to Section 26.310; 20-Ut. To administer the land use application fee policy, bill applicants accordingly to said policy, to take such actions deemed necessary in withholding development orders or issuing stop work orders upon nonpayment of review fees, and to waive any fees, or portions thereof, upon request according to said policy; Resolution 13 Series 2007 Page 32 of 34 April 10, 2007 draft 21-1-+. To approve, approve with conditions, or deny development subject to Chapter 26.520 - Accessory Dwelling Units and Carriage Houses; and, 22l8. To extinguish a Transferable Development Right in accordance with Chapter 26.535. Section 33: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.312.020(F) - Abandonment or discon- tinuance, which outlines the ability of a non-conforming use to be restored following an abandonment or discontinuance, as follows: F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a noncon- forming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Title. Anv nonconforminl! use not associated with a structure mav not be restored after discontinuance period of more than thirty (30) davs. Seetion 34: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend 26.312.020(G) - Demolition or destruc- tion, which outlines the ability of a non-conforming use to be restored following demolition or destruction of a structure, as follows: G. Demolition or destruction. I. Ability to restore. f.ny noneonferming lIse not assoeiated with 0 strueture may not be restored after diseontinuanee )leriod of more than thirty (30) daj's. Any nonconforming use located in a structure which is purposefully demolished, pursuant to the definition of Demolition, may not be continued or restored. ABy noneonferming use loeated in a strueture whieh is )lur)losefully )loFtiall)' de malished, f.lllrsUORt to the definition of Partial Demolition, may be restored as of right witkin twelve (12) months of the date of )laFtial demolition.Anv non- conforminl! use located in a strueture underl!oinl! construction, which does not constitute a Demolition. has an approved development order and an approved buildinl! permit shall not be considered discontinued. 2. Non-willful destruction. Any nonconforming use which is demolished or de- stroyed by an act of nature or through any manner not purposefully accomplished by the owner may be restored as of right, regardless of the extent of demolition or de- struction, if a building permit for reconstruction is issued within twelve (12) months of the date of demolition or destruction. Resolution 13 Series 2007 Page 33 of 34 April 10, 2007 draft Section 35: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 36: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- son 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 during a public hearing on April 10, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: /~f7cub ~orney e~~ ATTEST: G:lcitylJessicalCode RewritesIMarch,Apri12007\PH versionlReso 13 FINAL _ MiscAmendments,doc Resolution 13 Series 2007 Page 34 of 34 April 10, 2007 draft