HomeMy WebLinkAboutordinance.council.055-03ORDINANCE NO. 55
(SERIES OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY
OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
REGARDING METHODS OF MEASURING FLOOR AREA, BUILDING HEIGHT.
AND EXTENT OE DEMOLITION: 26.104.100 - DEFINITIONS: 26.575.020(A) -
CALCULATIONS AND MEASUREMENTS: 26.575.020(B) - METHODS OF
MEASUREMENT FOR VARYING TYPES OF ROOFS; 26.575.020(E) -
MEASUREMENT OE DEMOLITION.
WHEREAS. the City Council and the Planning and Zoning Commission of the City of
Aspen directed the Community. Development Director to propose amendments ro the Land Use
Code related to the Infill Report, a report developed by a city-commissioned advisory group, the
Infill Advisory Group, pursuant to Sections 26.208 and 26.212; and.
WHEREAS, the amendments requested relate to multiple Chapters and Sections of the
Land Use Code, Title 26 of the Aspen Municipal Code, including Chapters and Sections:
26.104.100 - .Definitions page 2
26.575.020(A) - Calculations and Measurements page 2
26.575.020(B) - Methods of Measurement for Vawing Types of Roofs page 3
26.575.020(E) - Measurement of Demolition page 4
; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
Ordinance No. 55 Page 1
Series of 2003.
proposed amendments to the land use code by amending the text of the above noted Chapters and
Sections of the Land Use Code, as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Commun/ty Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the city Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal 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, COLORADO as follows:
Section 1:
Section 26.104.100, Definitions} which section describes the meaning of terms used in
the Land Use Code, shall include the additional following terms and definitions:
Demolition. To raze, disassemble, tear down, or destroy forty percent (40%) or more of
an existing structure (prior to commencing development) as measured by the surface of
all exterior wall and roof area above finished grade and associated assembly and
components necessary for the structural integrity of such wall and roof area. For the
method of determining demolition, see Section 26.575.020(E), measurement of
demolition. The removal of a dwelling unit in a multi-family or mixed-use building, or its
conversion to non-residential use shall also constitute demolition. (See, Chapter 26.530,
Residential Multi-Family Replficement Program.)
Section 2:
Section 26.575.020(A), Calculations and Measurements, which section describes the manner in
which Floor Area is calculated, shall read as follows:
26.575.020 Calculations and Measurements. The purpose of this Section is to set forth
supplemental regulations which relate to methods for calculating and measuring certain
enumerated terms as used in this Title. The definitions of the terms are set forth at Section
26.104.100.
A. Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the
following applies:
[codifier: no changes to subsections 1-5]
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Series of 2003.
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6. 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 ~alculating Floor Area as defined in this Section, unless eligible
for an exemption as described below:
Detached and permanently affordable ADU or Carriage House Floor Area Exemption. One
Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached
from the primary residence and deed restricted as a "For Sale" affordable housing unit and
transferred to a qualified purchaser in 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 1,200 square feet.
7. Affordable Housing Bonus. The Floor Area 0f a parcel containing a single-family or duplex
residence and a permanently affordable "For Sale" ADU or Carriage House located on the
same parcel which has been transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an
Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor
Area of the associated ADU or Carriage House up to a maximum bonus of six-hundred (600)
square feet.
8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall
not be included in the calculation of floor area provided that the linking structure is no more
than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in
excess often feet in length shall be counted in floor area.
Section 3:
Section 26.575.020(B), Methods of Measur'ement for Varying TYPes of Roofs, which section
describes the manner in which building heights are calculated, shall read as follows:
Building Heights.
Methods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC), Commercial (C1), Commercial Lodge (CL),
Neighborhood Commercial (NC), and Service/Commercial/Industrial (SCI) Zone
Districts, the height of the building shall be the maximin distance measm'ed vertically
from the natural 0r finished grade, whichever is lower, to the top~ ridge, or parapet of the
structure. For structures in all other zone districts, the height shall be measured as
follows:
a. Flat Roofs or Roo~~ ~Vith a Slope of Less Than 3:12. The height of the building
shall be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a fiat, mansard, or other roof with a slope of
less than 3:12.
b. Roofs Fffith a Slope From 3.'12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge ora gable, hip, gambrel or
Ordinance No. 55
Series of 2003.
Page 3
other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof
shall not extend over five feet above the maximum height limit.
c. Roofs V~il~ a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to a point one-third (1/3) of the distance up from the eave point to the ridge.
There shall be no limit on the height of the ridge. Chimneys and other appurtenances
may extend up to a maximum of txvo (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents
or similar structures shall not extend over'ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and
mechanical equipment shall not extend over five (5) feet above the specified
maximum height limit. Church spires, bell towers and like architectural projections,
as well as flag poles, may extend over the specified maximum height limit:
Exceptions 'for Buildings on Slopes. The maximum height of a building's front (street facing)
facade may extend for the first thirty (30) feet of the building's depth.
Exceptions for Areawaw', Lightwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
Section 4:
Section 26.575.020(E), Measurement of Demolition, which section describes the manner in
which demolition of a building is calculated and determined, shall read as follows:
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is
intended to be, or has been, demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing
the following:
1. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade and all existing roof assemblies. Not counted in the
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.
Ordinance No. 55 Page 4
Series of 2003.
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 wail 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 of
Demolition, Section 26.104.100. 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 struct~tral 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.
Section 5:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shail be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a cora 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 7:
A public hearing on the Ordinance shall be held on the 24th day of November, 2003, at 5:00
p.m. in the City Council Chambers, Aspen City Hail, Aspen Colorado, fifteen (15) days prior
Ordinance No. 55 Page 5
Series of 2003.
to which hearing a public notice of the sm=e was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED. READ AND ORDERED PUBLISHED as provided by law. by the City
Council of the City of Aspen on the 27th day of October. 2003.
Attest:
Kathr~n S.~och, ~ity Clerk
FINALLY, adopted, passed and approved this c,Q~ day o~3.
Attest:
Approved as to form:
torney ' -
C:\home\infill\Infill_Demo_Ord.doc
Ordinm~ce No. 55
Series of 2003.
Page 6
Exhibit A
Definition of Demolition
Measurement of Roof Heights
Affordable Housing FAR Bonus
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendment amends the definition of "demolition" making the
threshold between remodel and demolition occur with more of the original building
intact. No conflict exists with other provisions of the land use code. The measurement of
roof height and a bonus Floor Area provision do not represent conflicts with other
provisions of the land use code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the !and use code are supported by the AACP.
Strengthening the definition of demolition changing the manner in which commercial and
mixed-use buildings are measured and providing and incentive for affordable housing are
consistent with goals and policies of the AACP.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering bxisting land use and
neighborhood characteristics.
Staff Finding:
This amendment affects ali properties in town and is not specific to a certain property.
Staff believes this criterion is met.
D. The effect Of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed amendments is not expected to affect traffic patterns or road safety. Staff
believes this criterion is met.
Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
staff comments - Demolition Definition / ADU FAR Bonus / Roof Height. page 1
Staff Finding:
The proposed amendments affects the manner in which development activities are
measured and calculated. No affect on permitted density or other aspects that affect
infrastructure are expected. Staff` believes this criterion is met.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
The policies affecting the manner in which development activity is measured and
calculated is not expected to have an effect on d~e natural envirommem.
Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a "critical mass" of residents and an interspersed social layering.
Encouraging the deed restriction of AccesSory Dwelling Units and Carriage Houses to
permanent affordable status promotes this goal. The changes to the manner in which roof
heights are measured and the manner m which demolition is measured are in response to
community concerns about height and "remodel" projects appearing as total demolitions.
Staff believes this criterion is met.
Staff Finding:
The proposed
Whether them have been changed conditions affecting the subject
parce or the surrounding neighborhood which support the
proposed amendment.
amendment is not specific to one parcel.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for integrated affordable housing opportunities within
established neighborhoods. Staffbelieves this Ordinance will promote the purpose and
intent of this Title. This Ordinance promotes the permanent community by emphasizing
on-site employee housing opportunities for working residents and reducing the
dependence on the automobile by providing housing near employment and recreation
centers. Reducing long-distance commuter trips represents a good environmental policy
and providing incentives for high quality living units promotes healthy living conditions.
The changes to the manner in which demolition and roof heights are measures is
consistent with the public interest and is in harmony with the purpose and intent of the
land use code.
staff comments - Demolition Definition / ADU FAR Bonus / Roof Height. page 2