Loading...
HomeMy WebLinkAboutordinance.council.027-13 RECEPTION#: 603649, 09/16/2013 at 10:11:20 AM, 1 OF 46, R $236.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO Ordinance No. 27, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-037-39-020 THRU-027 AND 2737-073-39-801 WHEREAS, the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution 428, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No.13, Series of 2013, by a five to zero (5 — 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Ordinance No.27, Series 2013 Page 1 of 9 Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No Series 2013, on First Reading by a four to zero (4 - 0) vote, approving with conditions a. 27, subdivision of the Property; and, WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved Ordinance No. 27, Series 2013, by a three to one (3 - 1) vote, approving with conditions a subdivision of the Property; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS; Section I: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of commercial net leasable space at 420 Fast Hyman Ave. Section 2: Plat and A reement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of receipt of a Certificate of Appropriateness from the Historic Preservation Design approval. Commission and Final Commercial Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. The condominium plat shall act as the subdivision plat. A separate subdivision plat is not required. Ordinance No. 27, Series 2013 Page 2 of 9 Section 3: Dimensions Zoning and Buildin Requirements All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as roof' or "green roof' are not permitted for use as a deck. Final floor plans shall meet adopted Building Code requirements for accessibility for all units. The project is subject to all conditions included in HPC Resolution 17 and HPC Resolution 28, Series of 2012. Section 4: Final Des n Review Following the adoption by the HPC of a resolution approving or approving with conditions Final Commercial Design Review, the City Council shall be notified of the action to allow the City Council an opportunity to avail itself of the call up procedures set forth in Aspen Land Use Code Section 26.412.040.13 Appeals, notice to City Council and call-up. The call up shall be limited to Final Design Review. Section 5: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, as may be amended from time to time and all construction and excavation standards published by the Engineering Department, as may be amended from time to time. Applicant acknowledges that encroachment onto the Hyman Avenue pedestrian mall will be prohibited without the express permission of the City Engineer or City Council. Approval of this project by the City shall not be deemed an approval of any construction encroachments onto City right of way or the waiver of any restrictions on encroachment into the right of way. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Ordinance No. 27, Series 2013 Page 3 of 9 Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. g Section 6: Affordable Hous- The three on-site rental affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. _The Subdivision Agreement shall include the following: Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-30](2)(a) (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to liit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be re-qualified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof: The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. - Section 7: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Ordinance No. 27, Series 2013 Page 4 of 9 Section 8: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. The Transformer shall meet all pertinent Electrical Codes, and all City Electrical Setbacks. Section 9: Sanitation District Re uirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Oil and Grease inter ceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping ma impact public ROW or easements to be dedicated to the district. y Section 10: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. The 10% required off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of$22,567.50 [(3,009*$75)*10%]. Section 11: Exterior Li htin All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant_shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee and a "Transportation Demand Management (TDM)/Air Quality impact fee assessed at the time of building permit application submittal and paid at Ordinance No. 27, Series 2013 Page 5 of 9 building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Section 14: Cost and Financial Assurances A. Proof of Financin . Before the issuance of a building the property, and as a condition of such approval, owner shall provide toopthe City f Building Department and City Attorney for review and approval, satisfactory evidence that owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building improvements identified within an improvements agreement ndnrequir d underu his ordinance; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. B. Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: i. In the event construction work on the development of the project shall cease for ninety (90) days or longer, prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on said parcel and cessation of such construction work continues for a period of one hundred twenty (120) days after notice from the City to the owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such one hundred twenty (120) day period and owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City, in its reasonable discretion, may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work not already completed on the site. ii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to the owner, upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the parcel or when otherwise agreed to by Owner and the City. C. Cash Escrow for Site Protection. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company Ordinance No. 27, Series 2013 Page 6 of 9 the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00)(`Eserow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows. i. In the event construction work on the development of the project shall cease for sixty (60) days or longer (`Work Stoppa y,e") ior to a final inspection by City of the work authorized by a foundation/strucptu al frame perms (`F/SEP")to e such lot, and cessation of such construction work continues for a period of thirty (30) days after notice from the City to owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such thirty (30) day period and the owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City in its reasonable discretion may draw upon the Escrow Funds from time to time as needed for the purposes of protecting and securing the construction site and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. ii. Half of the Escrow Funds shall be returned to the owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the project. The balance of funds shall be returned to the owner once exterior finishes to the building have been installed. Section 15: Pursuant to Section 26.480.050 of the City of Aspen Land Use Code, an subdivision shall be consistent with the character of existing land uses in the area and not adversely affect the future development of surrounding areas. Council finds that commercial uses within the downtown core of the City of Aspen are essential to maintaining vitality within the City. Residential uses within the downtown core have in the past caused conflict with the character of the commercial core. To comply with these requirements of Section 26.480.050 and minimize the conflict between residential and commercial uses, prior to the sale of any unit approved herein, the Owner shall prepare and cause to be recorded covenants that run with the land pursuant to the Colorado Common Interest Ownership Act, C.R.S. Section 38-33.3-101, et seq. Such covenants shall contain the following language: The applicant shall include in its Covenants, Conditions and Restrictions a notice that will be distributed to future residential owners and tenants of the project, which shall explain the nature of a residing in the Commercial Core ("CC") zone district. As part of any sale of the residential unit(s), the Buyer of the residential property shall be required to: 1. Acknowledge he/she resides the CC zone district and is aware of the types of uses permitted in the CC zone district; Ordinance No. 27, Series 2013 Page 7 of 9 2. Acknowledge extended hours of operation for commercial and other permitted uses in the CC zone district; I Acknowledge there will be possible noise emanating from such uses throughout the day and night; 4. Agree not to interfere with or object to activities lawfully permitted in the CC zone district; and 5. Agree not to attempt to prevent any allowed and lawful commercial uses in the CC zone district from opening or operating in the commercial spaces for the project. The foregoing shall be contained in a permanent restrictive covenant or deed restriction made for the benefit of the applicant and the City of Aspen, running with the land and enforceable by the applicant or City of Aspen. All these risks, costs, hardships and potential value diminution resulting from this covenant as to any owner, resident, or occupant of the premises has been freely accepted as consideration for the opportunity to own, reside, maintain, use and enjoy the property. This covenant shall be binding upon all owners, residents and others who occupy the premises and shall inure to the benefit of all other owners, residents and others who occupy the premises and shall inure to the benefit of the City of Aspen. The owners, residents, and others who occupy the remise acknowledge that any anticipated damages in case of any actual or threatened brea s this covenant would be difficult to ascertain; accordingly, an aggrieved ch of violation of this covenant may bring action at law or in equity, ex parte as necessary,b in a court of competent jurisdiction, to enforce the terms of this covenant and to enjoin by temporary or permanent injunction any violation of this covenant. Enforcement of this covenant shall be at the sole discretion of the beneficiaries of the covenant and any forbearance to exercise its rights under this covenant for any breach thereof shall not be deemed or construed to be a waiver by any beneficiary of the covenant. All reasonable costs incurred by the beneficiary, including reasonable attorney fees, in enforcing this covenant shall be borne by a party found to have violated the covenant. This covenant shall not be amended without the prior written consent of the City of Aspen. The applicant shall also include in its Covenants, Conditions and Restrictions the following: No provision within these covenants shall prohibit any use, occupation or activity within the premises that complies with underlying zoning. This provision may not be amended without the express consent of the City of Aspen. Any amendment of these required covenants without the prior written consent of the City shall be deemed a substantive violation and breach of this ordinance. Section--on 16: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public s hearin or documentation presented before the Planning and Zoning g City hereby incorporated in such plan development approvals and the same shall eocoml 1 ee with as if fully set forth herein, unless amended by an authorized entity. p d Ordinance No. 27, Series 2013 Page 8 of 9 Section ion 17: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Sech----°n 18: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section on 19: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinance; repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, b the Cit Council of the City of Aspen on the 81h day of July, 2013. y y ATTEST: Steven Skadron, Mayor Kathryn S, h, City Clerk FINALLY, adopted, passed and approved this 91h d of Septe ber 2 3`" St ven Skadron, Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. , City Clerk ames R. True, City Attorney Exhibits Exhibit A: floor plans and elevations Exhibit B: applicable sections of Land Use Code in effect on April 4, 2013. Ordinance No. 27, Series 2013 Page 9 of 9 d oft- -1 so .21/256 ALLEY PA KINGA PROPERTY LINE TRA ------ S�/SER'I✓ICE MECHA�f ICAL -- REA ROOM xFM SERVICE/ DUMBWAITER DUMBWAITER - -- TRASH PARKINGIPARKING 11x18 85x18;esxie DECK REAR VESTIBULE I e EGRESS STAIR#2 DN I I I I I �, W EGRESS STAIR#2 I I I- s, UP _ Z W °s 5 i i LL w LL ELEVATOR o' RESTAURANT �� Z O' ADJACENT Z z O I BUILDING,, ,ADJACENT ELEVATOR BUILDING oO, / W NP COMMERCIA z RESTAURANT i Q EGRESS STAIR#1 EGRESS STAIR#1 / � UP / U UP a Li � IDN w EGRESS STAIR#1 -- u V Q I } zQm PROPERTY LINE ----- _ SIDE WALK 11J =Z O W W HYMAN AVENUE MALL cy o cai�CQ n MAIN LEVEL FLOOR PLAN LOWER LEVEL FLOOR PLAN -0 0LSITE/LANDSCAPE/PARKING PLAN 6=1 C 07/31/13 Al 30--1 X1/256" y 30' 1�t/256` ■ AHU#3- --_-� I DROOM 2-BE ---�k BED BED AHU#1 -STUDIO RESIDENTIAL I UPPER Ar ROOFTOP I GL GL ME-H.AREA I IL D U AHU#3 W 2-BEDROOM F_I I BED L LOWER Q U a I m x Q BATH BATH W LIVING KITG - H L.L o BALCONY °' W ° BED Q. Z o I-IL o, ° ELEVATOR AHUI#2-STUDIO C FREE-MARKET I KITCHEN W I ~ UNIT#1 STAIR LOBBY Q � DN _ I CO MMERCIAL U I EGRESS STAIR#1 UP � I ILIVING FMU UPPER DECK - - DECK BELOW I - ELEVATED I BATH/ O GREEN R Z OOF W< c DECK �/ BED Q,D O oN FIjEE-MARKET } Q J' UNIT#1 0 BELOW _ M U W =z Q W d N v oU) �Y �1 ROOF PLAN s �� 0_41 RD LEVEL FLOOR PLAN -0 0_4C D LEVEL FLOOR PLAN 07/31/13 A2 I I I I I I it 1' I I. i I x mN j m i D j O i i I j I I i I I I Im i z I A T NI"� tiIm m m m < r olp o ° 420 E. HYMAN CHARLES CUNNIFFE ARCHITECTS D www.ounnife.eom W co w 420 E.HYMAN AVE. ■ — ASPEN,CO 8601 61e E15TNttAAJ1 AVE.I ASPEN,W 818111 lEi 9IA.A10.4551 ► ! I I I N i Q m r D j O Z I I I ! i I I I Irn S L o z �z V pp- O!r r 0 j old Nlrn ti'm wir p rn < _r < m rn -� O I Fn O Fn i- i � I j I I i I i I .. o I 1 o � I i I , � I rn D S I O z �6 r m o � � � �I< 0 p o < I Y 6 4� 420 E. HYMAN CHARLES CUNNIFFE ARCHITECTS D www. cunnitk.com I � 420 E.HYMAN AVE. -.__-.---.--..--.--.__--_--.- ASPEN,CO 81601 610E KYMMIAWJASFE,W M6111TEL 9I09.5.55501 FA%:9I0%10,, �■ 6ki 'f t3. 0Yj- Figure 1: Shared Driveway Easement D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, exterior face of straw bale, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see setbacks.) City of Aspen Land Use Code Part 500,Page 76 OUTSIDE i� INSIDE Window — "M► Exterior Face ( Property �! ,,j -; Line � of Framing v Window Sill Wood Veneer L a d; t ` Framing Stone Veneer j i Setback measured to.�. edge of veneer Floor Area Measured to Face of Framing Figure 2: Measuring to Face of Framing 2. Vertical circulation. When calculating vertical circulation, the circulation element shall be counted as follows: a. For stairs and elevators, the area of the feature shall be projected down and counted on the lower of the two levels connected by the element and not counted as Floor Area on the top-most interior floor served by the element. b. When a stairway or elevator connects multiple levels, the area of the feature shall be counted on all levels as if it were a solid floor except that the area of the feature shall not be counted as Floor Area on the top-most interior level served by the element. c. Mechanical and overrun areas above the top-most stop of an elevator shall not be counted as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor Area. 3. Attic Space Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure which is either inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area Ratio and allowable Floor Area. If the space is conveniently accessible and is either habitable or can be made habitable it shall be counted in the calculation of Floor Area Ratio and allowable Floor Area. Examples: a. An area created above a "hung" or"false" ceiling is exempt. b. An area accessible only through an exterior access panel or crawl space is exempt. c. An area accessible only through an interior pull-down access ladder is exempt. City of Aspen Land Use Code Part 500, Page 77 d. A sleeping loft accessible via a stairway or a ladder is counted. e• An unfinished space which has convenient access is counted. If any portion of the attic level of a structure is to be counted, then the entire level shall be included in the calculation of Floor Area Ratio and allowable Floor Area regardless of other practical limitations to routine use. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. Area of floor t that does not count 3 Figure 3: Thirty inch height exemption 4. Decks Balconies Loggia Gazebos Exterior Stairways, and non-Street-facin porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, exterior stairways, non Street-facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the maximum allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's maximum allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The area of these features shall be the maximum footprint of the feature including railings, fixed seating, fixed planter boxes, overhangs, and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. City of Aspen Land Use Code Part 500, Page 78 5. Front Porches. Porches on Street-facing fa�ade(s) of a structure developed within thirty (30) inches of the fmished ground level shall not be counted towards allowable Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. Area of porch � not exempt I 3' p S �F t � r e # e - Exempt area of porch 6. Patios and Landscape Terraces Patios and Landscape Terraces developed at finished grade shall not be counted towards allowable Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to thirty (30) inches and remain exempt from Floor Area calculations. 7. Garages ca orts. For all multi-family and mixed-use buildings or parcels containing residential units, 250 square feet of the garage or carport area shall be excluded from the calculation of floor area per residence on the parcel. All garage and carport area in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for properties containing no residential units shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. In the R-15B Zone District, garage and carport areas shall be excluded fr calculation of Floor Area up to a maximum exemption of five-hundred-square-foot total om the for the parcel. In zone districts other than the R-15B Zone District, properties containing solely a Single- Family, two single-family residences, or a Duplex, the garage and carport area shall be excluded from the calculation of Floor Area as follows: City of Aspen Land Use Code Part 500, Page 79 Table 26.575.020-2 FFi1rstO age or Carpo=Houses) er primary dwelling unit (not ory Dwelling Units or Carriage 0 square fe et 100% of the area Next 251 to 500 square feet 50% of the area Areas above 500 square feet No area excluded. For any property abutting an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if the garage or carport is accessed from said alley or road. If an alley or private road does exist and is not utilized for garage or carport access, the garage or carport area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property, the garage or carport area shall be excluded from floor area calculations as described above. 8. Subgaade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. City of Aspen Land Use Code Part 500,Page 80 Window Well Exposed- Percentage of exterior wall that's exposed equals the amount of subgrade area that will Area Below more restrictive grade ,�� count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. f � Floor Structure Area of wall to I be used for subgrade r �� calculation d Foundation and Floor Structure Foundation Footer Figure 5: Measuring the Area of a Subgrade Wall When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50%of the distance between the floor and ceiling of either space. City of Aspen Land Use Code Part 500, Page 81 j B I Stairs Space A and B are on the same level,while Space A and C are on different levels. Figure 6: Determining different building levels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof X Area counts towards wall calculation 9 Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: City of Aspen Land Use Code Part 500, Page 82 Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square_feet=300 square feet of the garage which is exempt. Subgrade exemption—2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. 9. Accessory 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. 10. Permanently Affordable Accessory Dwelling Units and Carriage Houses One hundred percent (100%) of the area of an Accessory Dwelling Unit or Carnage 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 accordance 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 one thousand two hundred (1,200) square feet per parcel. In addition, the allowable floor area of a parcel containing such a permanently affordable Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a maximum bonus of six hundred(600) square feet per parcel. 11. Sheds, Storage Areas and similar Accessory Structures Sheds, storage areas, greenhouses, and similar uninhabitable accessory structures, not within a garage, are exempt from floor area limitations up to a maximum exemption of thirty-two (32) square feet per residence. Storage areas within a garage shall be treated as garage space eligible for the garage exemption only. Accessory structures thirty-six inches or less in height, as measured from finished grade, shall be exempt from Floor Area calculations (also see setback limitations). Accessory structures larger than thirty-two square feet per primary residence and more than thirty-six inches in height shall be included in their entirety in the calculation of Floor Area. Properties which do not contain residential units are not eligible for this Floor Area exemption. 12. Historic Sheds and Outbuildings. The Community Development Director may provide a parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the preservation of the historic resource. The shed or outbuilding must be considered a contributing historic resource of the property. Functional outbuildings, such as garages, art studios, home offices, and the like shall not be eligible for an exemption. The Director may consult the Historic Preservation Commission prior to making a determination. The Director may require the property's potential to receive Floor Area bonuses be reduced to account for the structure. The exemption shall be by issuance of a recordable administrative determination and shall be revocable if the artifact is removed from the property. City of Aspen Land Use Code Part 500,Page 83 13. Wildlife-Resistant Trash and Recycling. Enclosures. Wildlife-resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife- resistant dumpster enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from floor area requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Enclosures shall be located adjacent to the alley if an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic _ Preservation Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non-historic structures. 14. Allocation.of Non-Unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the total floor area for non-unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non-unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross 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 category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area +4,000 sq. ft. free-market residential floor area +2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area = 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor area. Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: commercial floor area=25% free-market residential floor area= 50% affordable housing floor area=25% Therefore, the one thousand (1,000) square feet 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%x 1,000 sq. ft. = 500 sq. ft. affordable housing floor area=25% x 1,000 sq. ft. =250 sq. ft. City of Aspen Land Use Code Part 500, Page 84 When non-unit space is used exclusively by one use, the space shall be attributed to the floor area for that use. For example, if a lobby and elevator serve the free-market residential uses on the property, exclusively, then the area associated with the lobby and elevator shall be assigned to the floor area for free-market residential uses. 15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet per building. This exemption only applies to buildings containing non-residential uses and does not apply to single-family, duplex, or multi-family buildings. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Required setbacks shall be measured perpendicular from all points of the parcel boundary to the outmost exterior of a structure, including all exterior veneer such as brick, stone or other exterior treatments, but excluding allowed projections as further described in subsection E.5 below. ii 3 �~� Window ��• I Exterior FaceAa (+ of Framing ,_ If. t Window Sill Wood Veneer f Framing Stone Veneer it Figure 8: Setback Measurement 2. Determining Front Rear, and Side Yard . front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. City of Aspen Land Use Code Part 500, Page 85 The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. For corner parcels, the front lot line shall be the parcel boundary along the Street with the longest block length and the remaining boundary shall be a side lot line. Street 270' — Block Length ! Front Yard 100' � � 1 l A Side Yard — — _Alley, 6 I j a v Corner Lot Figure 9: Determining Setbacks For corner parcels where the parcel boundary follows a curving Street, the midpoint of the curve shall be used to differentiate the front lot line and the side lot line. In this case, the boundary segment with the shortest Street frontage shall be the front lot line. City of Aspen Land Use Code Part 500, Page 86 Side Yard fr. Street ,`F ..- '` Front Yard Figure 10: Corner lot with curved street For reverse curve lots, the curved portion of the lot line shall be considered the fr ont lot lin and the two opposing parcel boundaries shall be considered side lot lines. e t—. -------Street Front Yard Side Yard � °: Street f, µ Side Yard Figure 11: Reverse curve lot For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of Street frontage and the opposing lot boundary shall be the rear lot line. City of Aspen Land Use Code Part 500, Page 87 Parcel boundary with greatest length °` -- Street Front Yard LOT 1 jj _ Street Rear Yard Figure 12: Double frontage lot For double frontage lots with equal length street frontages, the front lot line shall mirror the front lot lines of the adjoining lots to the extent practical. For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining Main Street. The Community Development Director shall resolve any discrepancies or situations where the foregoing text does not provide definitive clarity by issuance of a recordable administrative determination. 3. Determining required setbacks ad'acent to streets or ri hts-o-wa . When a property does not extend into an adjacent public or private right-of--way or street easement, the required setback shall be measured from the lot line. When a property extends into an adjacent public or private right-of-way or street easement, the required setback for that portion of the lot shall be measured from the edge of the right-of- way or street easement closest to the proposed structure. City of Aspen Land Use Code Part 500,Page 88 I f W. Street 10'setback 10'setback on flag lot. from right- of-way w Figure 13:Required setback from a right-of-way or street easement 4. Combined Setbacks. Where zoning provis front-rear or side-side), the narrowest po ions require a combined yard setback (either int on each yard shall be the basis for measuring the combined setback. A combined yard requirement may not be met by staggering the required yard setbacks. For example, if a lot requires a combined side-yard setback of 30', with a minimum of 10' on either side, Figure 14 shows compliance with the requirement — one side yard is 101 , the other is 20', and each side yard setback is consistent from front to rear. Given the same example, Figure 15 meets the individual 10' setback requirements, but the combined setback is staggered and is not consistent from front to rear. This example does not meet the combined setback requirement. City of Aspen Land Use Code Part 500, Page 89 F7, i 1 Figure 14: Compliance with combined setbacks i . � w `. s' 4 1 L t" Figure 15: Does not comply with combined setbacks S. Allowed Projections into Setbacks Setback areas shall be unobstructed above and below ground except for the following allowed projections: a. Above or below ground utilities, below-grade heating or cooling conduit or infrastructure such as a ground-source heat pump system, below-grade dry wells or other at-grade or below-grade drainage infrastructure. b. Trees and vegetation. C. Artwork, sculpture, seasonal displays. d. Flagpoles, mailboxes, address markers e. Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. City of Aspen Land Use Code Part 500, Page 90 f. The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes and similar apparatus and including any protective structure as may be required by the utility provider. g. Building eaves, bay windows, window sills, and similar architectu up to eighteen(18) inches. ral projections h. 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. In no case shall the projection be allowed closer than five (5) feet to a property line. This projection is allowed for balconies only and does not permit projections of other improvements, such as garages or carports. i. The minimum projection necessary to accommodate light wells and exterior basement stairwells as required by adopted Building or Fire Codes as long as these features are entirely recessed behind the vertical plane established by the portion of the building fa�ade(s) closest to any Street(s). If any portion of the feature projects larger than the minimum required. into the setback, the entire feature may be no Features required for adjacent subgrade interior spaces may be combined as long as the combined feature represents the minimum projection 'into the setback. There is no vertical depth limitation for these features. This exemption does not apply to Areaways. This exemption does not apply to light wells and exterior basement stairwells which are not required by adopted Building or Fire Codes. j. The minimum projection necessary to accommodate an exterior-mount fire escape to an existing building, as may be required by adopted Building or Fire Codes. k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen berms, retaining walls, steps and similar structures, which do not exceed thirty (30) inches vertically above or below natural grade or fmished grade, whichever is more restrictive. (Also see Chapter 26.410 — Residential Design Standards for limits on the location of berms.) Improvements maybe up to thirty (30) inches above and below grade simultaneously, for up to a sixty(60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 16). 1. Drainage swales, stormwater retention areas, NO retention areas, rain collection systems, and similar stormwater retention, filtration or infiltration devices or facilities are permitted in setbacks as long as the finished grade of the top of the improvement does not exceed thirty (30) inches vertically above or below the surrounding finished grade. Stormwater improvements or portions thereof may be buried and exceed thirty (30) inches below grade as long as the fmished grade above the facility does not exceed thirty (30) inches vertically above or below the City of Aspen Land Use Code Part 500, Page 91 surrounding finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures are prohibited in all yards facing a Street. These elements may be placed withi shall not exceed thirty (30) n non-street facing yards but inches above or below finished may be up to thin 3 grade. These features y ( 0) inches above and below finished grade si Improvements may exceed thirty (30) inches below structural integrity of the improvement. F multaneously. grade if necessary for the n. Heating and air conditioning equi prohibited in all yards fac pment and similar mechanical equipment are ing a Street. Mechanical equipment may be placed within non-street facing yards but shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty 0)grade simultaneously. m ( 0) inches above and below consider exceptions to this requirement purse ntt t and ou eo�dssion may the po ed Chapter 26.430—Special Review. criteria of 7— Spa 30" 30„ , { 4 Y 1( ' Area below grade Figure 16: 30"Calculation o. The height and placement of energy efficiency or renewable energy Systems and equipment which are located adjacent to or independent of a building gy production shall u established a the Planning and Zoning Commission pursuant to the Procedures and criteria of Chapter 26.430 — discouraged in all yards facing a Street. Special Review. These systems are equipment located on top of a structure, see sub-section F.4 production systems and P_ Fences and hedges less than forty-two (42) inches in height fmished grade, are permitted in all required yard setbacks. Fences, nc�es and hedgg s up to as e from six (6) feet in height, as measured from finished grade, are permitted only in areas entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the Street. This restriction applies on all Street- facing facades of a parcel. (Also see Section 26.575.050 Regulations for limitations on fence materials.) — Supplementary City of Aspen Land Use Code Part 500,Page 92 w � s" r fence 42"fence ��'°A.� �``' .,,,' ,,'` J� ,...- height height Front Figure 17 fagade line `~�s°'" of house q. Driveways not exceeding twenty-four (24) inches above or below natural grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty (30) in above or below natural grade. r. Parking may occur in required setbacks if within an established driveway o parking area and the curb cut or vehicular access is from an alleyway, f r alleyway abuts the property, or has otherwise been approved by the City. if an s. Non-permanent features which are not affixed to the ground such as movable patio furniture outdoor seating or a picnic table, barbeque grills, children's play equipment, and similar non-permanent features which are not affixed to the ground. This exemption shall not allow storage sheds or containers. t. Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall be prohibited in all yards facing a Street. These facilities may be placed within non-street facing yards if the enclosure is the minimum reasonably necessary in both height and footprint, is an unconditioned space not integrated with other structures on the property, and serves no other garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant trash and recycling enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from setback requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Temporary intermittent placement of trash and recycling containers in or along yards facing a Street is allowed. For example, on"trash day." Enclosures shall be located adjacent to the alley where an alley borders the Property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to a historic structure. Enclosures may abut other non-historic structures. City of Aspen Land Use Code Part 500,Page 93 F. Measuring Building Heights. 1. For properties in the Commercial Core (CC), (CL), Neighborhood Commercial Commercial (C1), Commercial Lodge Districts, the height of the buildings all be the ice Commercial maximum stance Industrial (SCI)Zone and the highest point of the roof top roof ride Veen the ground structure. See subsection 3, below, for measurmentamethod.r top-most portion of the 2. For properties in all other Zone Districts the height of the building shall according to the pitch of the roof as follows. See subsection 3,bbelow,uforr measurement method. a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less that 3:12 shall be measured from the Portion of the structure. ground to the top-most I i i � Parapet Roof pitch wall 3:12 or less Height Height of i V Building l Figure 18: Measuring height for flat roofs or roofs with less than 3:12 pitch b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof itch - from 3:12 to- 7:12 shall be measured from the ground to the poi p vertically halfway between the eave point roof and the ridge. There shall be no limit on nt of the the height of the ridge. City of Aspen Land Use Code Part 500, Page 94 Midpoint between eave pt.and ridge Ridge lEave Point Height i i �f t Figure 19:Measuring height for roofs with pitch from 3:12 to 7:12 c. Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. F point between pt.and Ridge Ridge a Height Lave Point Figure 20:Measuring height for roof with pitch greater than 7:12 City of Aspen Land Use Code Part 500,Page 95 d. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and g the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e. For barrel-vault roofs, height shall be measured by drawing a line within a vertical section between the top-most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. f. For "shed" roofs with a single-pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. 9. Dormers shall be excluded from the calculation of height if the foo tp nt of the ri dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. ggregate footprint shall d. If there are multiple dormers on one roof plane, the a used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. 3. Height Measurement Method. In measuring a building for the compliance with height restrictions, the measurement shall be the maximum distance measured vertically from the ground to the specified point of the building located above that point, as further described below: a• Measuring height along the perimeter of the building. At each location where the exterior perimeter of a building meets the ground, themeasurement shall be taken from the lower of natural or finished grade. Building permit plans must depict both natural and finished grades. b• Measuring height within the footprint of the building. For the p u rposes of measuring height within the footprint of a building, areas of the building within 15 horizontal feet of the building's perimeter shall be measured perimeter measurement, as described above. In all oth using the er areas, the natural grade of the site shall be projected up to the allowable height and the height of the structure shall be measured ' this projected topography. In instances where the natural grade of a property has been affected b development activity the Community Y prior estimation of pre-development u topography t Development Director may accept an surveyor or civil engineer. The Director may prepared require additionaltehiedori and documentation, technical studies, reports, or other i development topography. nformation to verify apre- If necessary, the Community Development Director may require an applicant document natural grade, finished grade of the building, and other relevant height liimitat on information that footprint to be documented prior to construction. y City of Aspen Land Use Code Part 500,Page 96 C. Measuring to the roof— The high point of the measurement shall be taken from the surface of a structure's roof inclusive of the first layer of exterior sheathing or weatherproofing membrane but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments or ornamentation. When measuring roofs to a point between the ridge and the eave point, the cave point shall be the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall planes shall be of the nominal structure, excluding all exterior treatments. Eave Point f r rr Exterior Sheathing 1 1 Figure 21: Eave Point and Exterior Sheathing of a Roof. 4. Allowed Exceptions to Height Limitations a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qual exception, the footprint of these features must be the nimuml reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do-dads shall be contained within the limitations of this height exception. City of Aspen Land Use Code Part 500, Page 97 b. Communications Equipment. Antennas, satellite dishes, communications equipment and devices shall comply with the limidtationsilof Section 26.575.130 — Wireless Telecommunicati Equipment. on Services Facilities and c. Elevator and Stair Enclosures. residential bu On structures other than a single-family or duplex ilding or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of fifteen (15) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d. Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and build and the railing must be 50% or more transparent. build' code compliance For single-family and duplex residential buildings, rooftop raili allowed a height exception. ngs shall not be e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, similar mechanical equipment or utili a g and may extend up to five (5) feet above height aOfsthe building tat then ointdthe equipment is attached. Mechanical equipment shall be combined and co-located to the greatest extent practicable. f. Energy Efficiency or Renewable Energy Energy efficiency systems or renewable roenergy Systems and Equipment. equipment including solar panels, wind turbines energy Production similar systems ystemsa and the system's associated equipment which is located on top of a building may extend UP to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing famade of the building a minimum of fifteen (15) feet and the footprint the equipment is minimized and combined to the of Certain additional restrictions may apply greatest extent practicable. Design Review. y pp Y pursuant to Chapter 26.412, Commercial City of Aspen Land Use Code Part 500, Page 98 The height and placement of energy efficiency or producti not located on top of a buildi on systems which are established by the planni ng (located independent of a building) shall be ng and Zoning and criteria of Chapter 26.430 — g Commission puruant to the procedures for these systems a sub-section E.5)Special Review. (Also sese setback requirements g. Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limi Commercial Design Review. t as may be approved pursuant to h. Flagpoles may extend over the specified maximum height limit. i. Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street-facing) facade may extend horizontally for the first thirty(30) feet of the building's depth. J. Exceptions for light wells. Exceptions for light wells and basement stairwells. A light well or basement stairwell, limited to that area required to meet adopted Building or Fire Codes, entirely recessed behind the vertical plane established b the portion of the building fagade(s) closest to any Street(s), and enclosed on all sides to within eighteen.(18)inches of the first floor level (e.g. light well) shall not be counted towards maximum Permissible height ally out style k. Exceptions for Areaways. An Areaway no more than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building fa�ade(s) closest to any Street(s), not projecting into any required setback and enclosed on all sides to within eighteen (18) inches of the first floor level (e. . not a walk-out) shall not be counted towards maximum e g G. Measuring Site coverage. Permissible height. calculating site coverage of a structure eorgbu building, the exterior expressed al a he building t Percentage. When g ground level should be used. walls of the structure or measurement shall be taken from the exterior face measuring framin to the exterior walls, the block, or similar exterior surface of the nominal structure excluding sheathin vapor g, exterior face of structural weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, is,shingles, g p barrier, similar exterior veneer treatments. Porches, roofs or balconygoverhangs avant levered building elements and similar features extending directly over grade shall be excluded maximum allowable site coverage calculations. from H. Measurement of Demolition. The City Zoning Officer shall determine if a bui dm intended to be or has been demolished by applying the following process of calculation: g is At the request of the t lica Zoning Of in ficer, the applicant shall prepare and showing the follow g: submit a diagram 1. The surface area of all existing (prior to co assemblies above finished grade and all existing or of assemblies.emi xt Not counted in the City of Aspen Land Use Code Part 500,Page 99 existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). 2. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. 3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to the necessary subsurface components for its structural_integrity including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade elements and interior wall elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area. According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the developer's intent, that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. L Measurement of Net Leasable Commercial Space. The calculation of Net Leasable Space shall_include all interior space of a building wall, including interior partitions and inclusive of all areas which c no be leased to an individual tenant including offices, hallways, meeting rooms, display areas, showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms, walk-in refrigerators or freezers, changing rooms, waiting rooms and similar space which may be leased to a tenant. The calculation of Net Leasable Space shall exclude common areas of a building not intended or designed to be leased to an individual tenant such as common bathrooms, common stairways, common circulation corridors, common mechanical areas, common storage areas or similar common spaces not intended or des gned to be leased to an individual City of Aspen Land Use Code Part 500, Page 100 Permanently installed interior airlock spaces are exempt from the calculation of net le space up to a maximum exempt*on of 100 square feet. square feet installed on the exterior of a building, shall be considered Net Le leasable q Seasonal airlocks of more than 10 shall be subject to all requirements of the Land Use Code, including emplo see 1mArea and Prorated according to the portion of the year in which it is installed. Y itigation, Unless specifically exempted through other provisions of this Title, outdoor displays vending, and similar commercial activities located outside (not within a building) shall also included m the calculation of Net Leasable S ace. outdoor maximum footprint of the display or vending a The calculation of such area shall be the commercial activities requiring p Y g calculation For vending carts or similar q g n attendant, the calculation shall also include a reasonable amount is space for the attendant. Vending machines shall not be considered net leasable commercial space. J Measurement of Net Livable Area. The calculation of Net Livable Area shall all interior space measured from interior wall to interior wall, including inclusive of, but not limited to, entryways nclude unfinished basements which are or can be made ha deli g interior partitions and ryways or lobbies dedicated to only one unit, finished or laundry areas accessible from the interior of a unit. Net livable oAea shall not in and common circulation areas, common lobbies, co common t include or similar common spaces not intended or designed to b occlupied bynele viducorridors, Net Livable Area shall not include uninhabitable basements al tenant. unconditioned storage accessible only from the exterior, garages,mechanical areas, stairs, Porches or similar spaces. iP , patios decks, K. Exceptions for Energy Efficiency. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate addition of energy production systems or energy modate the existing buildings when no other practical solution exists. The Community Development gy efficiency systems or equipment in or on Director must first determine that the visual impact of the exemption is m other reasonable way to implement energy p minimal and that no require notice be provided to adjacent g landowners.Production Approval shall be m thefor or may recordable administrative decision. form of a L. Exceptions for Building Code Compliance. The Community Development D' may approve exceptions to the dimensional restrictions of this Section to accommodate Hector improvements required to achieve compliance with building, fire, or Section to cod on existing buildings when no other practical solution exists. The Communi r Director must first determine that the visual impact of the exemption is minimal es m or other reasonable way to implement code compliance exists. The Di Community Development be provided to adjacent landowners. Approval shall be the nd that no Director may require notice administrative decision. he form of a recordable M Appeals. An applicant aggrieved Director regarding this Calculatio and M asurements Secdti nyma Community Development Administrative Hearing Officer,pursuant to Chapter 26.316. Y appeal the decision to the City of Aspen Land Use Code Part 500, Page 101 (Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; 2001, §§6, 7; Ord, No. 46-2001 4� Ord. No. 56-2000, §§5, 6 g; Ord. No. 25- No. 12, 2007, §32; Ord. No. 27-2010, §� No. 55 2003 §§2—4; Ord. No. 12-2006, §19; Ord. 26.575.030. Public amenity. A. Purpose. The City seeks a vital,pleasant downtown public enviro contributes to an attractive commercial and lodging district by creatin en Public amenity settings conducive to n exciting pedestrian sho in amenity can take the form of physical or operational im roveme g public sp places and pp g and entertainment atmosphere. Public private property within these districts. Public amenity Improvements to public rights-of-way or site is referred to as "on-site public amenity" in this Section provided on the subject development B. Applicability and requirement. The requirements of this Sect development of all commercial, lodging and mixed-use development within the C Section shall apply to the NC, S/C/I, L, CL, LP and LO Zone Districts. C, C-1, MU pedestrian-oriented downtown, as well as important area represents the eCand p neighborhoods. ' lodging TwentY-five percent (25%) of each parcel within the applicable area shall be public amenity. For redevelopment of parcels on which less than this twenty-five (25%) currently exists, the existing rovided as requirement, provided that no less than ten redevelopment) (mend tY-five percent p ) percentage shall be the effective required public amenity may be allowed as provided in OSubsection 26.575.030.D. R of requirement. Exempt from these provisions shall be de required. A reduction in the residential uses. � eduction consisting entirely of Also exempt from these provisions shall be the redevelopment of parcels where no on-site public amenity currently exists, provided that the redevelopment is replacing the building in its same dimensions as measured by foo p limited to footprint,height and floor area. C. Provision of public amenity. Preservation Commission, Pursuant to the erevlieTw ng and Zond criteria g Commission or Historic Commercial Design Review, shall determine the appropriate method or combination of , methods for providing this required amenity. One (1) or more of the follow, met be used such that the standard is reached. ody 1• On-site provision of public ameni g hods may meeting ubsection 26.575.030.F., DesA portion of the parcel designed in a manner g amenitS gn and operational standards for on-site public 2. he Pete provision ro public amenity. Proposed public amenities and Improvements the pedestrian environment within proximity of the development site may o approved P menu to by the Planning and Zoning Commission pp ved Design Review. These may be " ' Pursuant to Chapter 26.412, Commercial public rights-of-wa y Improvements to private property, public property or y An easement providing public access over an existing amenity space for which no easement exists ma Provides permanent public access and is acceptable to taccepted if such easement improvements shall equal or exceed the value of an otherwise required e cash-in-lieu Off--site City of Aspen Land Use Code Part 500, Page 102 payment and be consistent with any public infrastructure or capital improvement plan for that area. 3. Cash-in-lieu provision. The City Council, upon a recommendation from the Planning and Zoning Commission or the Historic Preservation Commission, as applicable may accept acash-in-lieu payment for any port ion of required public amenity not otherwise physically provided, accord- to the Y 26.575.030.E Cash-in-lieu a g Procedures and limitations of Subsection payment. 4. Alternative method. The Co Design Review, mmission, pursuant to Chapter 26.412, Co may accept any method of Providing mmercial such method equals or exceeds t g amenity not otherwi described herein if the Commission fmds that se value, which may be nonmonetary community value, of an otherwise required cash-he lieu payment. m D. Reduction of requirement. A reduction in the required public amenity under the following circumstances: y may be approved 1• The Planning and Zoning Commission or Historic Preservation Co to the procedures and criteria of Chapter 26.412, Co mmission, pursuant reduce the public ameni q mmercial Design Review, may amenity requirement by any amount, such that no more than one- half the requirement is waived, as an incentive for well-designed projects having Positive contribution to the pedestrian enviequirement m not be less than ten percent (10%). g a ronment. The resulting may 2. The Historic Preservation Commission Chapter 26.412, Co , Pursuant to the procedures and criteria of mmercial Design Review, may reduce b requirements of this Section for historic landmark properties uponn nearriount the following circumstances: O of the a• When the Historic Preservation Commission approves the on-site relocation of an historic landmark such that the amount of on-site public space is reduced below that required by this Chapter. b• When the manner in which an historic landmark building was originally develo reduces the amount of on-site public amenity required by this Chapter. Ped c• When the redevelopment or expansion of an historic landmark constitutes an exemplary preservation effort deserving of an incentive or reward. E. Cash-in-lieu payment. When the method of providing publi lieu payment, the following provisions and limitations shall a 1 c amenity includes acash-in- PP Y- Formula for determining cash-in-lieu payment: City of Aspen Land Use Code Part 500, Page 103 Payment = [Land Value] x [Public Amenity Percentage] Where: Land Valve = Value of the unimproved land. Public Amenity = Percent of the parcel required to be provided Percentage as a public amenity, 26.575.030.B lessened by other methods�of providing the amenity. Land value shall be the lesser of seventy-five dollars ($75.00) per square foot Mu tip the number of square feet constituting the parcel or the appraised value of the unimproved by Property determined by the submission of a current appraisal performed b Professional real estate appraiser and verified by the Community Development erfo mmproved Y a qualified applicant may only waive the current appraisal requu ement by accepting the selven or. An dollar-per-square-foot standard. ty five- Acceptance of a cash-in-lieu payment of public amenity shall be at the option of Council upon a recommendation from the Planning and Zoning the City Preservation Commission as applicable. The a g Comm,mmission or the Historic and payable at the time of issuance of a build' in lieu of public amenity shall be due may allow the required a g permit. The City Manager, upon request, to five 5 p Yment-ntlieu to be amortized in equal payments over a period of up ( )years, with or without interest. All funds shall be collected by the Community Development Director and transfers Finance Director for deposit in a separate interest-bearing Monies n the to the shall be used solely for the purchase, development or capital improvement of land rights-of--way for open space he account the applicable area in which this requirement ppl' Funds may ja public Purposes within or adjacent to use easements. y be used to acquire public Fees collected pursuant to this Section may be returned to the then-present owner o for which a fee was paid, including any interest earned, if the fees have f property seven (7) years from the date fees were paid, unless the City Council shall have e spent within funds for expenditure on a specific project, in which case the City Council may extend time period by up to three 3 earmarked the O more years. To obtain a refund, the present owner must submit a petition to the Finance Director within one (1) year following the end of the seventh from the date payment was received. year For the purpose of this Section, payments shall be spent in the order which they are received. Any payment made for a project for which a buildin non-commencement of construction, may be refunded if a petition for the Finance Director within three 3 g permit is canceled, due to in refund is submitted to Permit. All petitions shall be accompanied by a notarized oworn cancellation of the building is the current owner of the property and by a copy of the dated re eipt issued for petitioner the fee. Payment of City of Aspen Land Use Code Part 500, Page 104 F. Design and operational standards for public ameni owned land in which public amenity is requi and citations: red, shall co ply uwith the following g p isions 1• Onen� tom, public amenity level which areas shall be open to view from the street at pedestrian view need not be measured at right angles. 2. Opesky, public amenity areas shall be open to the sky por coverings, such as umbrellas and retractable canopies are permitted.gy and seasonal nonpermanent structures shall not be considered as floor on the parcel. or a reduction on in public Trellis structures shall only be permitted in conjunction with commer cial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requi Development m rements contained Involving the Aspen Inventory apter 26.415, Structures or Development wita an H D' of Historic Landmark Sites and structures shall not be considered as floor areaoor aOeductioDnlin pubhcus space parcel. p on the 3. No walls/enclosures. Public amenity structures, tents, air exchange entries, plastics canopy a enclosed. Temporary designed to enclose the space are prohibited, unless approved as a temporary canopy walls and similar devices Pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit p use, street into and throughout the public space. p views from the 4. Prohibited uses. Public amenity areas shall not be used as storage areas utilit service areas, delivery areas or parking areas or contain structures of an Y/trash as specifically provided for herein. Vacated rights-of--way shall be excluded from public amenity calculations. Y type, except m 5. Grade limitations. Required public amenity shall not be more than four 4 feet or two (2) feet below the existing � ) above Public space, unless the public amenity dspa e s all follow undisturbed natural abuts the in which case there shall be no limit on the extent to which it is above or below t tural grade, existing grade of the street, or if a second level public amenity space is approved b e the Commission. Y 6. Pedestrian links. In the event that the Ci incorporating mid-block pedestrian links, any requ al have spare ted a .trail plan shall so elect, be applied and dedicated for such use. t, if the City 7. Landscapin plan. Prior to issuance of a building Development Director shall require site plans and draw]*n sseoff a the Community g any required public City of Aspen Land Use Code Part 500,Page 105 amenity area including a landsc amount to ensure compl aping plan and a bond in a satisfactory form and iance with any public amenity requirements under this Title. 8. Maintenance of landscaping. maintained, the Chief Building Of cal, after thiandscaping required herein is not owner or occupant of the property, m' (30) days' written notice to the party complies with the la ds aping requirements of this Section. until said 9. Outdoor Merchandising on Private Pro ert . merchandisin Private property may be utili g purposes by those businesses located adjacent to zed for Parcel as the outdoor space. This shall not grant transient and on the same sales from peddlers who are not associated with an adjacent commercial operation. Outdoor merchandising shall be directly associated with the adjacent business and shall not permit stand-alone operations, including, but not limited to, automated bike rental racks, movie rental kiosks, automated dog washes, or automated massage furniture. In additi merchandising must meet the following requirements: on, outdoor a) Merchandise must be maintained, orderly and located in front of or proxi the storefront related to the sales. mate to b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of--way. All merchandising shall be located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) Outdoor clothing sales including, but not limited to, coats, jeans, shirts, athletic apparel, and footwear shall be limited to a display of twelve (12) linear feet. For all other types of merchandise, the size and amount allowed shall be under the discretion of the property owner. d) Umbrellas, retractable canopies, and similar devices are not permi merchandising. See Section 26.304.070.F.2. tted for outdoor e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private propert and shall not apply to permitted commercial activitr otherwise permitted by the City. y on n abutting right-of--way or y 10. Outdoor Restaurant Seatin on Private Pro perty. Priv commercial restaurant use if adequate pedestrian and a Property may be used for emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. g City of Aspen Land Use Code Part 500, Page 106 I Design guideline compliance The design of the public amenity shall meet Parameters of the Commercial, The m the Guidelines. g g and Historic District Design Objectives and (Ord. No. 55-2000, §15; Ord. No. 1-2002 §Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2, Ord. No. 9A, 2010 §2) §3' Ord. No. 2-2005, §2; 26.575.040. RESERVED (Ord. No. 13-2005, §3; Ord. No. 50-a-2005, §6; Ord. No. 12 2007 2010, §2) , , §§33, 34. Ord. No. 27- 26.575.045. Junkyards and service yards. Junkyards (See Definitions, Section 25.104.100) shall be screened from the view of structures uses and rights-of-way. Service yards (See Definitions, Section 26.104.100) lots, be fenced so as not to be visible from the street and such fences shall be a minim feet high from grade. All fences shall be of sound construction and shall e shall ten percent(10%) open area. um six (6) have not more than 26.575.050. Fences. Fences shall be permitted in every zone district, provided that no fence shall exce feet above natural grade or as otherwise regulated by the Residential Design Stand Commercial Design Standards (see Chapters 26.410 and 26.412).re ed six (6) public right-of--way shall be constructed of wood, stone, wrought iron g Standards or the lots, c fence, retaining wall or similar object shall ) Fences visible from the the traffic vision, nor on corner lots shall any fence retain* g or masonry. On corner be erected or maintained which obstructs erected it maintained which exceeds a height of forty-two (42) inches, measured from s ming wall or similar obstruction be grade, within thirty (30) feet from the paved or unpaved roadway. construction, material, location and height shall be presented to the Building street Plans showing proposed a building permit for a fence is issued. Additionally foliage shall be placed Inspector before so that it will not obstruct vehicular visibility at intersections. (Ord. No. 55-2000 1 No. 12, 2007, §35) amtained § 6, Ord. Sec. 26.575.060.Utility/trash/recycle service areas. A. General. The following provisions shall apply to all utility/trash/recycle service are 1. If the property adjoins an alleyway, s. ay the utility/trash/recycle service area shall be along and accessed from the alle utility/trash/recycle service areas shall be fenced entirely not to be visible an and such fences shall be six (6) feet high from rade. may' all m the street, construction and shall be no less than g All fences shall be of sound ety percent(90%) opaque. 2- Whenever this Title shall require that a utility/trash/recycle service area be abutting an alley, buildings may extend to the rear property line if otherwise allowed Provided by this Title, provided that an open area is provided which shall be accessible wed alley and which meets the dimensional requirements of this Section. to the City of Aspen Land Use Code Part 500, Page 107 3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) 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 of this area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Subsection 26.575.060.B. B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce the dimensions of a utility/trash/recycle service area by following special review procedures set forth at Chapter 26.430 if: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. (Ord. No. 5-2005, §3; Ord. No. 12, 2007, §36) 26.575.070. Use square footage limitations. Within the Commercial Core (CC), Commercial (C-1) and Service/Commercial/Industrial (S/C/I) Zone Districts, all permitted and conditional commercial businesses shall be restricted to the following maximum net leasable commercial and office space: A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000) square feet in net leasable commercial and offices ace: bakery; bookstore; camera shop; candy, tobacco or cigarette hop; catalogue ogue stlorpe; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; City of Aspen Land Use Code Part 500,Page 108 1�3 Ad Name: 9349187A LEGAL NOTICE ORDINANCE#27,2013 Customer: Aspen (LEGALS ouwr rr WEARIN Cit Ordinance 421,Senes of 2013,was adopted on Y of first reading at the City Council meeting July 8, 2013. This ordinance,if adopted will approve a Your account number: 1013028 subdivision for 420 E.Hyman to demolish and re- build a mixed use building. The public hearing on this ordinance is scheduled for August 12,2013,at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To ebsitethe entire text,go to the city's legal notice 1ttp:11.,aspe n pitki n,corVDe partme nts/C le rk/Le- gal-Notices/ /f you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. M 2013.Published in 87]Aspen Times Weekly on July 11, STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 7/11/2013 and that the last publication of said notice was in the issue of said newspaper dated 7/11/2013. In witness whereof,I have here unto set my hand this 07/23/2013. i Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/23/2013. (�M� ¢_AA Pamela J.Schultz,Notary Public Commission expires:November 1,2015 O,�pRY Peel ?PAMELA J. 't SCHULTZ Q �C01�P1' My Camiuion Expires 1110111015