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HomeMy WebLinkAboutagenda.apz.20080318AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, March 18, 2008 4:30 p.m. -Public Hearing SISTER CITIES, CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. 1450 Crystal Lake Road (Aspen Club), Conceptual SPA and other associated reviews, Resolution No. 09 (continued from 3/4) Continue to April ls` B. 300 Puppy Smith Street, Conceptual SPA and Commercial Design Review, Resolution No. 11 (continued from 2/26) C. 1310 Red Butte Drive, Stream Margin Review, Resolution No. 13 VI. BOARD REPORTS VII. ADJOURN SjA MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: 1450 Crystal Lake Road -Conceptual SPA, Conceptual PUD, Conceptual Timeshare, and Conceptual Commercial Design Review Resolution No. 9, Series of 2008 MEETING DATE: March 18, 2008 Staff Note to P&Z: At the March 4`h hearing the Applicant stated that he would attempt to provide additional information for the Planning and Zoning Commission to be ready for the March 18`h continuation date. In order to provide quality information to the commission, the Applicant has requested that the hearing on the Aspen Club be continued to April 151 ~~ MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Planning Deputy Director FROM: Jason Lasser, Special Projects Planner RE: 300 Puppy Smith Street -Conceptual SPA and Commercial Design Review,- Resolution No.~, Series of 2008 MEMO DATE: Mazch 10, 2008 MEETING DATE: March 18, 2008 SPECIAL NOTE: This staff report is new since the February 26th hearing meeting and addresses the February 14`" changes submitted by the applicant. It contains the following: • A summary of the issues raised from the last meeting about the additional information provided the Applicant; • Staff recommendation & motion; Also attached is the original staff report of February 26, 2008. This is attached primarily to show the development proposal, background and dimensional standards table associated with the development so that you have this information at hand. Please refer to the original February 26`" staff report to reference the exhibits not included with this memo. SUMMARY and QUESTIONS from the February 26`h meeting: At the February 26`h meeting the Planning and Zoning Commission members asked Staff to address a number of issues prior to the meeting continuance date on March 18, 2008. In addition, the applicant has requested Staff responses to the supplemental drawings submitted on February 14, 2008. Below, the concems voiced during the first meeting aze itemized issue by issue. Comments from staff follow in a sepazate, italicized paragraph. 1) What are the criteria for SPA and Commercial Design Review? Criteria with Staff Findings for Specially Planned Area (SPA)(Exhibit A) and Commercial Design Review (Exhibit B). Please see Exhibit K for the Guidelines without findings. The property is currently designated with a Specially Planned Area (SPA) overlay and as noted in the code, the purpose of a SPA is to 'provide design~lexibility for zoning, natural features, unique physical character, or location or where potential exists for community beneftt. "The SPA also "allows for the development of mixed uses through the encouragement of innovative design and for the greatest public benefit. "The purpose of conceptual review is to allow the Planning and Zoning Commission to review the application in a general sense, to get a grasp of the proposed land uses, densities, design concepts, access ways, and conceptual site plan. The application should show "schematic drawings of proposed buildings with general site design features and overall mass and height of proposed structures" The purpose of Commercial Design Review is "to preserve and foster proper commercial district scale and character, "and to "ensure commercial and streetscape places that are conducive to walking. " By requiring certain building elements, storefronts can "contribute to awell-designed, exciting commercial district as well as accommodating on-site parking to achieve environments conducive to walking. Protecting the uniqueness of the town and to achieve compatibility, certain standards require building elements to be influenced by adjoining development, views, pedestrian malls or sun angles. " Conceptual Design shall include a site plan showing boundaries, the location and orientation of existing and proposed improvements, and predominant site characteristics. Drawings showing proposed structures depicting their form, height, massing, scale, proportions, roof plan, primary features of all elevations and samples or photographs of preliminary building materials. At a conceptual level, the Commission should be comfortable with the form, height, and mass of the building as well as how the building is sited on the property. The commission should also be comfortable with pedestrian connections and amenity space(s). 2) Accurate locations of the bus and Galena Street Shuttle stops. Photos (aerial and views of sidewalk signs) have been included as Exhibit J in the packet. The current location on the east side of Mill Street combines the bus and Galena shuttle stops with the pedestrian crossing path, creating a confusing intersection for both drivers and pedestrians. The west sidewalk on Mill Street has a movable signpost for the Galena shuttle. Staff has been working with the applicant and referral agencies to resolve transportation and pedestrian conflicts prior to final submission. 3) Analyze the original (site plan) proposal with the changes provided for the Februazy 26`~ meeting. Pedestrian Circulation and Amenities -Site Planning The southern loggia (covered walkway) has been widened to 8'-5" (face of glass to interior of column - 7'-6) from original submittal, approximately 7'-0 from glass to column, and the revised site plan (shown as Exhibit E) dimension of approximately 6'-6 cleaz. Guideline 3.9 in the Public Amenity Section of the River Approach Character Area in the Commercial and Lodging Design Objectives and Guidelines states that "walkways shall be a minimum of 8 feet wide. "Staff has concerns about the width and adequately accommodating the majority of pedestrian traffic through the E/W walkway and the potential for commercial and retail activity. Staff recommends widening the dimension to a minimum of eight (8) feet. The eastern covered terrace (patio) has been widened to ten (10) feet (14'-11 from the building wall to property line which includes the retaining wall and landscaping from the original submission of 8'-4" from building wall to property line. The new proposal also shows a reconfigured ramp, space for a bike rack and sculpture. The design standards apply to commercial, lodging and mixed use development. Public amenity spaces should be creative, well-designed public places and create a pleasant pedestrian 2 atmosphere. According to the five standards in Sec. 26.412.060 A., any proposed on-site public amenity space "should allow for a variety of uses and activities to occur, it must contribute to an active street vitality, and allow the design and operating characteristics of adjacent structures, rights-of--way and uses contribute to an inviting pedestrian environment. The amenity must not duplicate existing pedestrian space, or such duplication does not detract from the pedestrian environment. "Any variation to the design and operational standards (Sec. 26.575.030 F.2 Open to Sky) will require variations from the Planning and Zoning Commission and City Council. The design standards require that the public amenity space be open to the sky, but the Planning and Zoning Commission can allow for a variation. Staff does not recommend that the east public amenity space be covered, to allow sunlight to the public amenity and to the pedestrian links that are connected to the space. The landscape retaining walls on the north edge of the property have been reconfigured to allow for the appeazance of `natural grade'. Parks has expressed the desire to create a buffer of trees between the vehicles and pedestrians on Mill and Puppy Smith streets. Guideline 3.7 in the Public Amenity Section of the River Approach Character Area in the Commercial and Lodging Design Objectives and Guidelines states that a building on a sloping site shall be designed to reduce its perceived mass and scale and rejlect the natural slope of the site. Staff recommends that the applicant continue to work with the Parks department in order to accommodate both the pedestrian needs and the proposed exterior spaces for the grade-level affordable housing units. Building Design A curved "radial form" at the upper level facing Puppy Smith and the Post office was added to "mimic the curves of the road and to add an industrial design element". The proposed "radial form" that snakes in and out of the brick form would be better defined as an independent form -placed on top of a base to reduce the perceived mass -rather than penetrating through a larger overall form. Staff recommends the applicant redesign for final review. Signage was added to the Mill Street/Puppy Smith intersection to respond to the "gateway" approach from the North. The River Approach Character Area (in the Commercial and Lodging Design Objectives and Guidelines) apply the following Design Objectives (I-4): " to establish an attractive gateway to the city center, as one approaches downtown from the north, street edges that invite pedestrian activity, highlight natural resources, and to provide an interconnected system of sidewalks and internal walkways that facilitate pedestrian circulation. " Staff recommends the addition of a pedestrian access to the east edge of the public amenity space, as well as redesign of the corner to establish an attractive gateway as stated in the objectives. Building Prog am Floor Area Calculations, the total floor area has been reduced 243 square feet to a total of 25,988 square feet, from the original submission of 26,231 squaze feet. The commercial floor area has been decreased from 8,389 squaze feet by 407 squaze feet to approximately 7,982 square feet. The free-market floor azea has increased from 8,692 by 194 3 squaze feet to 8,886 squaze feet as a result of the decrease in commercial floor azea (including common circulation elements, noted as "greater percentage of non-unit space" in the application). The net livable area for the free-mazket residential component is 7,500 squaze feet. The regulations require that the building's commercial floor azea exceed it's free market residential net livable area, therefore the net leasable/net livable ratio has decreased the commercial area by approximately 512 square feet to comply with the requirements of the Code. Overall floor area has been reduced to accommodate a larger, covered patio on the east fafade of the proposal. Creating permeable pedestrian circulation through the site and public amenity spaces affected the arrangement and calculation of floor area. Staff finds, the commercial to residential ratio to meet code at the conceptual level. The supplemental proposal includes modifications to the layout of the upper floor plan to include an additional affordab]e housing unit, bringing the total to nine (9) units from the original proposal of eight (8) units. Affordable Housing net livable azea has increased approximately 248 squaze feet, due to the adjustments of size and the inclusion of an additional studio affordable housing unit on the upper level. The addition of one studio unit (533 sq. ft.) on the second floor has reduced the floor area of the three-bedroom unit to 1,200 sq. ft from approximately 1,800 sq ft. Staff has concerns about the location of affordable housing units at grade, due to the vehicular noise and visual impacts from lights, and pedestrian and vehicular traffic at the street level. The Planning and Zoning Commission may allow for the multi family affordable housing units to be a Ground Floor use in the Neighborhood Commercial (NC) Zone District. Parkin Six fewer parking spaces than the original submission aze shown, five (5) less for the surface parking, and one (1) less for the sub-grade pazking gazage. 86 total spaces still exceeds the requirement of 76 spaces. Currently, there are 112 spaces in the surface parking lot. The loss in surface parking is due to the supplemental proposal's north south pedestrian circulation path connecting the existing Trueman Building Plaza with the proposed Puppy Smith building. The proposal is in compliance with the requirements of the code. Staff recommends approval. STAFF RECOMMENDATION: In reviewing the proposal, Staff recommends the Planning and Zoning Commission recommend approval of the conceptual plan with conditions that should be incorporated as part of final review, specifically staff recommends the applicant: 1) Widen the sidewalk on the south facade of the building to minimum (cleaz) of 8 feet to create places for social interaction as stated in the AACP. 2) Review the height and setback vaziation and relationship to surrounding contextual buildings to de-emphasize the mass of the proposed building, to lessen the reading of one structure, and to hold the height to a maximum of 28 feet. 3) Create a pedestrian link (stairs) on the corner of Mill and Puppy Smith Streets to allow for pedestrian permeability (not barricaded) through the site. 4) Create a building that emphasizes the corner importance of Mill and Puppy Smith streets by defining a "gateway" on approach to the City from the north, either with building forms or with architectural detailing and/or pedestrian amenity. 4 5) Consider having the eastern public amenity Open to the Sky, RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFHtNIITIVE): "I move to approve Resolution # Series 2008, recommending conceptual approval with conditions of the Conceptual Specially Planned Area (SPA) and Conceptual Commercial Design Review for the Puppy Smith Plaza project." ATTACHMENTS: Exhibit A -SPA Other Amendment, Staff Findings provided in memo dated 1/15/08 and 2/26/08 Exhibit B -Commercial Design Review, Staff Findings -provided in memo dated 1/15/08 and 2/26/08 EXHIBIT C - DRC Comments -provided in memo dated l/15/08 and 2/26/08 EXHIBIT D -Neighbor Letter(s) -provided in memo 1/15/08 and 2/26/08 EXHIBIT E - 1 s` Supplemental Site and Landscape Plan -provided in memo dated 1/15/08 and 2/26/08 EXHIBIT F - SketchUp 3D views, Aerial Photos -provided in memo dated 1/15/08 EXHIBIT G -Application -provided in memo dated 1/15/08 and 2/26/08 Extt~eiT H -Supplemental letters from David Johnston Architects and Vann Associates, provided in memo dated 2/26/08 EXHIBIT I - 2nd (February 14`h) Supplemental Drawings and Renderings provided in memo dated 2/26/08 EXHIBIT J -Photos of existing Bus and Galena Street Shuttle stops EXHIBIT K -Review Criteria for SPA and Commercial Design Review Memo from February 26` SPECIAL NOTE: Due to the failure to notice, the public hearing was continued from January 15, 2008 to February 26, 2008. In addition, the applicant has submitted a supplemental drawing package with modifications to the site plan with changes to the pedestrian circulation and amenities and building design. Additional terrace space has been added on the east side of the proposal. In addition, the applicant has added one (1) affordable housing unit, bringing the total to nine (9) units of affordable housing. MEETING DATE: February 26, 2008 APPLICANT /OWNER: Puppy Smith, LLC REPRESENTATIVE: LLC LOCATION: 300 Puppy Smith Street -Lot 1 of the Trueman Neighborhood Commercial Project CURRENT ZONING: NC/SPA (Neighborhood Commercial) zone district with a Specially Planned Area (SPA)Overlay SUMMARY: The Applicant requests conceptual SPA approval in order to subdivide Lot 1 into two lots and construct a commercial and residential building. The applicants aze photo: The proposed location of the subdivided lot. requesting conceptual SPA and Commercial Design Review at this time. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission require that the applicant revise their conceptual plans prior to proceeding to City Council. REQUEST OF THE PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will be making a recommendation to the City Council for the following land use approvals to redevelop the site. The review of a specially planned azea is (in most cases) a four step review process. Step one is conceptual review before the Planning and Zoning Commission, step two is conceptual review before City Council, step three is final review before P&Z, step four is final review before Council: Specially Planned Area Development (SPA) -conceptual (Section 26.445.100 B., Other Amendment) to modify the existing plat of the. Trueman Neighborhood Commercial Project. The amendment seeks to modify the specific development plan with the addition of more commercial space, free-market and affordable housing units to be located on an additional lot. • Conceal Commercial Design Review (Section 26.412) the proposed development is in the River Approach Character Area which encompasses the Service, Commercial, Industrial S/C/I Zone District and a portion of the Neighborhood Commercial (NC) Zone District. The conceptual review design guidelines address the street and alley system, parking, topography, public amenity space, building placement and building height, mass and scale. In addition to SPA and Commercial Design Review, the Planning and Zoning Commission will be making a recommendation to the City Council during final review of the SPA and Commercial Design for the following land use approvals: • A Growth Mana¢ement Review (Section 26.470.080.1, Expansion or New Commercial Development) for the development of commercial space. • A Growth Management Review (Section 26.470.080 2, New Free-Mazket Residential Units within aMulti-Family or Mixed-Use project) for the development of free-market housing. A Growth Mana¢ement Review (Section 26.470 050 B6 General Requirements) for the development of affordable housing. • Subdivision (Chapter 26.480, Subdivision) to create one (1) new mixed-use lot (Lot 1B) from existing Lot 1(A) as shown on the Subdivision plat to add commercial space, free- market residential and affordable housing. • Condominiumization (Section 26.480.090) BACKGROUND: The Trueman Neighborhood Commercial Project is located at 101 Puppy Smith Street. The Trueman Project received approval for subdivision and to create a specially planned azea for the development of a commercial structure on Lot 1 in 1977. No development was approved on Lots 2, 3 and 4 of the recorded SPA plan (the Post Office was later developed on Lot 2). The size of the existing structure on Lot I is depicted as being 47,000 sq. ft. of which 37,000 was approved for commercial space and approximately 10,000 squaze feet was to be used for residential units. The SPA plan allowed for a maximum height of the structure to be 32 feet. 113 pazking spaces and a minimum open space requirement of 25 percent (of existing Lot 1) are shown on the SPA plan. PROJECT SUMMARY: The applicant is proposing to add a new free-standing building on Lot 1 along the north property line. Below the new building asub-grade pazking gazage will contain 27 spaces, atrash/recycling azea, mechanical azeas, vertical circulation and storage azeas for the free-mazket and affordable housing units. ~ Besides dividing land, the definition of subdivision includes "land to be used for condominiums, apartments or any other multiple dwelling units." 7 A total of 92 off-street pazking spaces (65 at grade) will be provided on Lots lA and 1B which exceeds the combined minimum parking requirement of 76 spaces for both lots. The pazking gazage will accommodate not only the newly developed commercial and residential units, but will also provide spaces for the residential units located in the existing building located on Lot 1. The ground floor will be a combination of commercial use, circulation (pedestrian, vertical and vehiculaz) but will also contain four affordable housing units. The second level will be comprised of four additional affordable housing units, five free-market residential units, decks for each unit and common space for access and vertical circulation. Table• 1 Minimum Lot Size Lot Proposed Dimensional Re uirements Underlying NC Zone District Re uirements - Lot 1-Existin 111,184 s . ft No requirement Lot lA 86,500 s . ft. Lot 1B 24,684 sq. ft. T..1.1.. 1. an:.. ... T ..f Arno r r Tlu,nllinn TTni} . ...,... ... .......... ..... ___ _ ____ r__ Lot - ____..~ Proposed Dimensional Underlying NC Zone Re uirements 1)istricYRe uirements Lot 1 -Existing 1 unit per 6176 sq. ft. of lot No requirement azea Lot lA 4,806 s . ft. No requirement Lot 1B 1,899 sq. ft. T.,l.in Z• Tn:.,:mnm T nt Qlirlth Lot Proposed Dimensional Re uirements Underlying NC Zone District Re uirements - Lot 1-Existin A rox. 308 feet (Mill St.) No requirement Lot lA Approx. 308 feet (Existin ) Lot 1 B A rox. 90 feet (Mill St.) T..l.l~ n. r. n:..:..,,,.,, Rmnf Varil Cniharlr Lot Proposed Dimensional R uirements' Underlying NC Zone..: District Re uirements - Lot 1-Existin 5 feet 5 feet Lot lA A rox. 15 feet (Existing) 5 feet Lot 1 B 7 feet (Mill St.) T_Lt.. c. an:..:........... c:,7e V.,..i Corha~L Lot Proposed Dimensional Re uirements Underlying NC Zone District Re uirements: Lot 1 -Existing 5 feet (SE corner) 5 feet Lot lA 5 feet (Existin) 5 feet Lot 1B 6.5 feet 5 feet 8 Table F.• Minimum Rear Yard Setback Lot Proposed Dimensional ' Re uiremen#s ~Jnderlying NC Zone District Re uirements Lot 1 -Existin 5 feet (NW corner) 5 feet Lot ]A 5 feet (NW corner) 5 Feet Lot 1 B 22 feet (to Gazage retaining wall) Table 7~ Minimum utility/trash/recvcle azea - - Lot Proposed Dimensional Re uirements Underlying NC Zone District Re uirements Lot 1 -Existing Existing Pursuant to Section 26.575.060 Lot 1 A Existin (to be redesi ed) Pursuant to Section Lot 1B Sub-grade in Pazking Garage 26.575.060 Table R• Maximum Heiaht Lot Proposed Dimensional Re uirements Underlying NC Zone District Re uirements Lot 1 -Existing Existing 28 feet (which may be Lot lA Existing increased to 32 feet through Lot I B 32 feet commercial design review) Table 9• Minimum distance between buildings on the lot (feet) Lot Proposed Dimensional Re uirements Underlying NC Zone ..District Re uirements Lot 1 -Existing Existing No requirement Lot 1 A None Lot I B None (approx. 120 feet between lA and 1B) Table 1 fl• Pnhlic Amenity Snace Lot Proposed Dimensional Re uirements Underlying NC Zone District Re uirements Lot 1 -Existin Existing Pursuant to Section Lot lA 21,625 s . ft. (22.8 ercent) 26.575.030 Lot 1 B 6,171 sq. ft. (12.1 ercent) Tat,le t i • Max;m„m Allnwahle Flnnr Area (Square Feetl** Maximum Maximum Proposed Floor Proposed Floor Allowable'' Allowable Area ' Area Lot lA Lof iB Lot lA Lot 1B Lot Size 86,500 sq. ft. 24,684 43,488 sq. ft. 26,231 sq. ft. Maximum 129,750 (1.5:1) 37,026 (1.5:1) Cumulative Commercial 86,500 (1:1) 24,684 (1:1) 29,901 s . ft. 8,389 s . ft. Free-Market .25 .5 .25 .5 allowable proposed allowable proposed Residential* 21,625 43,250 6,171 12,342 see table none see table 8,692 Affordable Housin 43,250 sq. ft. (.5:1) 12,342 sq. ft. (.5:1) 13,587 sq. ft. 9,150 sq. ft. *Maximum Allowable Free Market Residential Unit Floor Area Ratio - .25:1, which may be increased to .5:1 if affordable housing floor area equal to one hundred percent (100%) of the free-mazket residential floor azea is developed on the same parcel. Maximum Total Allowable Free Market Residential Unit Size (Net Livable Sq. Ft) - 1,500 sq ft. **Commercial/Free Market Residential Ratio (proposed Lot lA -existing /proposed Lot 1B - 1.12: ]) The total free-market residential net livable area shall be no greater than the total floor area associated with the uses described in Subparagraphs 26.710.170.D.11.aand bcombined on the same pazcel. Tahle 12~ nff Street ParkinE Lot lA Lot 1 B Required Required Lot lA* Lot 1B** Commercial 45 spaces 20 spaces 38 s aces 7 spaces Free-Market none 5 spaces none 5 spaces Residential Affordable Parking for the units 22 spaces 18 spaces 8 spaces Housing will be located on Lot 1B**• Totals 45 s aces 47 s aces 56 spaces 20 s aces *The City of Aspen Land Use Code allows parking on an adjacent parcel when in the same ownership (Lot lA residential units will use spaces in the proposed sub-grade parking structure on Lot 1 B). **Commercial- 1 space/1,000 sq ft. ne[ leasable. Residential - 1 space per unit. Fewer spaces may be approved, pursuant [o Chapter 26.430, Special review and according to [he review criteria of Section 26.515.040. STAFF COMMENTS: SPECIALLY PLANNED AREA -CONCEPTUAL DEVELOPMENT PLAN: A Specially Planned Area (SPA) is a process in which a site specific development plan is created which encourages flexibility and innovation in the development of land and promotes objectives outlined in the Aspen Area Community Plan by allowing the vaziation of the underlying zone district's land uses and dimensional requirements for the benefit of the public. The pazcel currently exists with an SPA overlay. Based upon the new proposal the site specific development must be amended to allow the additional development. The underlying zone district dimensional standazds show that the site can accommodate additional development; however, allowing for additional density on Lot 1 should be considered in the context of the entire development. The conceptual development plan should consider whether the proposal is compatible with surrounding land uses, density, height, bulk, architecture, landscaping and open space. Strong attention to the relationship between the 10 surrounding structures, pedestrian and vehiculaz site circulation, pedestrian amenities, significant view planes and environmental impacts should also be considered. Engineering has asked for improvements for pedestrian access from Mill and Puppy Smith Streets, as well as requesting that the applicant provide ADA compliance on all intersections and at the bus stop. Providing a cleaz sepazation between the bus stop and the pedestrian crosswalk has also been identified as an area for improvement. In addition, Engineering and Utilities/Public Works have both identified on-site drainage and soil conditions as a potential challenge for the proposed site. Parks has requested that an alternate landscape plan be developed, removing the proposed spruce trees and adding an evenly spaced planting and specific street tree plan be designed to line the street and provide a buffer for pedestrians on the south side of Puppy Smith Street. The applicant has provided a supplemental site and landscape plan which adds parallel paking on the south side of Puppy Smith, in effect eliminating the opportunity to line the street with trees and reduces the amount of open space on site. As noted later in the staff memo, the affordable housing proposed meets the required housing mitigation for the development of the commercial and free-market residential. The APCHA Staff has recommended a deed restriction be recorded on the existing 18 units located on Lot lA. The APCHA Staff requests review of the categories prior to final approval. Staff has concerns about the pedestrian circulation through and around proposed Lot IB, primarily regarding the landscaping and sidewalk on the south side of Puppy Smith Street. Staff would like to see an amenity space created on the Mill Street (east) ground level. In order to enliven the spaces surrounding Rio Grande Park, the pedestrian amenity space (varying setbacks, building forms) would provide an ideal location for permitted uses such as a restaurant or bicycle shop, for example. The covered walkway facing the existing Clarks parking lot need to comply with the width requirements to allow for circulation and outdoor retail and restaurant vitality (people places). In addition, correcting the confusing mid-block bus stop and crosswalk on Mill St. as well as providing alternate crosswalks along Mill and Puppy Smith Streets should occur to establish a comprehensive and functional plan. Staff finds that the proposal meets the requirements of the underlying NC zone district, but Staff recommends redesign of the public amenity and circulation prior to final review. CONCEPTUAL COMMERCIAL DESIGN REVIEW: The proposed development is in the River Approach Character Area which encompasses the Service, Commercial, Industrial S/C/I Zone District and a portion of the Neighborhood Commercial (NC) Zone District. The conceptual review design guidelines address the street and alley system, parking, topography, public amenity space, building placement and building height, mass and scale. Pedestrian connections through the properties that link sidewalks, defining street edges with public sidewalks, and minimizing crossing conflicts are the primary guidelines of the street and alley system. 11 Minimizing the visual impacts of pazking, both underground access and surface pazking to create development without compromising the chazacter of the street aze also guidelines that require consideration in the conceptual review. Reducing the perceived mass and scale, reflecting the natural slope of the site through the use of building modules, materiality and stepping the structure in section aze techniques to blend the building into the natural landscape. Variation of building setbacks in order to reduce building scale, enhancing public access, accommodate landscaping, and promote pedestrian activity aze guidelines in place to provide public amenity spaces. Buildings should orient to street edges, internal open spaces and the river edge as well as facing both street edges (for corner lots). The building orientation should provide visual interest and provide a `gateway' as one approaches town from the north. The building shoud be `double fronted'- in this case- `quadruple fronted'. Providing vaziation in height and roof profile by dividing the building into sections or modules and vazying setbacks and wall planes are guidelines identified to create appropriate height, mass and scale. Staff has concerns about the proposal complying with the design objectives of the River Approach Area which state that the identity should be distinct from the Commercial Core. Staff requests that the applicant redesign for final review. Specifically, Staff has concerns about the following Conceptual Review Design Guidelines: 3.1 Provide pedestrian connections through properties that link to public sidewalks and trails. 3.2 Define street edges with public sidewalks. 3.3 Minimize crossing conflicts for pedestrians. 3.6 Minimize tlu visual impacts of surface parking. 3.7 A building on a sloping site shall be designed to reduce its perceived mass and scale and reflect the natural slope of the site. 3.8 Design a building to integrate with and blend into the natural landscape 3.9 Walkway links should be a minimum of 8 ft. wide. 3.10 Varied setbacks are appropriate. 3.11 Use varied setbacks to reduce building scale, enhance public access and accommodate landscaping. 3.13 Provide variation in building height and roof profile Staff requests that the proposal be redesigned prior to proceeding to Council for conceptual revieru in order to better comply ruith the design objective belotu: *River Approach Character Area Design Objectives 1. Establish an attractive gateruay to the city center, as one approaches doeuntown from the North. The River Approach area should have an identty eohich is distnct from the Commercial Core. This should draeu upon its industrial heritage (albeit in contemporary ways), and also reflect its location near and public access to the river. It should not simply repeat the design traditions of dozvntozun. 12 REFERRAL AGENCY COMMENTS: The City Engineer, Zoning Officer, Building Department, Aspen Sanitation District, Housing Department, Utilities and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. 13 RESOLUTION N0. ~, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A CONCEPTUAL SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR THE DEVELOPMENT OF SUB-GRADE PARKING, COMMERCIAL SPACE, FIVE FREE-MARKET RESIDENTIAL UNITS AND EIGHT AFFORDABLE HOUSING UNITS FOR THE PROPERTY COMMONLY KNOWN AS 300 PUPPY SMITH STREET (CLARKS PARKING LOT) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-52-001 WHEREAS, the Community Development Department received an application from Puppy Smith, LLC, represented by Sunny Vann of Vann Associates, LLC requesting of the Planning and Zoning Commission a recommendation of conceptual approval for a Specially Planned Area (SPA), Growth Management Review approvals for Commercial Space, Free Mazket Residential and Affordable Housing, Subdivision, to develop Commercial Space, five (5) free-market residential units and eight affordable housing units; and, WHEREAS, the Applicant requested a recommendation by the Planning and Zoning Commission for conceptual approval of an amendment to a Specially Planned Area (SPA) and for conceptual approval of commercial design review; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA) and the Commercial Design Standazds; and, WHEREAS, during a duly noticed public heazing on December 4, 2007, the Planning and Zoning Commission opened the hearing and continued the hearing to January 15, 2008, and on Januazy 15, 2008 the Planning and Zoning Commission continued the heazing to February 26, 2008 due to failure of notice; and WHEREAS, at the February 26, 2008 hearing, the Planning and Zoning Commission moved to continue the public hearing to March 18, 2008; and, WHEREAS, at the Mazch 18, 2008 heazing, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. ~, Series of 2008 by a to_ vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all the applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: The final SPA application shall address comments in the following sections: Section 1: Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of Conceptual Specially Planned Area (SPA), Conceptual Commercial Design Review with the following conditions to be incorporated into the final SPA and Commercial Design Review: 1) Widen the sidewalk on the south fagade of the building to minimum (clear) of 8 feet to create places for social interaction as stated in the AACP. 2) Review the height and setback variation and relationship to surrounding contextual buildings to de-emphasize the mass of the proposed building, to lessen the reading of one structure, and to hold the height fo a maximum of 28 feet. 3) Create a pedestrian link (stairs) on the corner of Mill and Puppy Smith Streets to allow for pedestrian permeability (not ban•icaded) through the site. 4) Create a building that emphasizes the corner importance of Mill and Puppy Smith streets by defining a "gateway" on approach to the City from the north, either with building forms or with architectural detailing and/or pedestrian amenity. 5) Consider having the eastern public amenity Open to the Sky. Section 2: Building The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. Accessible routes to any public right-of--way and accessible pazking spaces will be required. The proposed project will be subject to the newly adopted Use Tax on building materials. The proposed project may be required to comply with a newly developed Efficient Building Program for Commercial projects. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The proposal shall comply with the DRC comments from the Engineering Department regarding transportation, drainage, pedestrian improvements, construction management, traffic studies, utilities and sight distances. Section 4: Affordable Housing The Housing Board requests that a deed restriction be recorded on the 18 current affordable housing units located above Clazk's Market with the requirement that each tenant has to be a qualified employee as to employment status as stated in the Guidelines and that each tenant must be provided with at least a six-month lease. The developer has the option of the units being "for sale" units or rental units. Should they be rental units, the following conditions should be required as part of the approval: Rental Units: a. The units will be deed-restricted as Category 2, 3 or 4, to be approved by APCHA and finalized at time of Final approval. b. The deed-restriction will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems even ONE of the units out of compliance over a period of one yeaz. If any of the units are found to be out of compliance for one year, or the owner elects to sell the units, the units would be listed for sale with the Housing Office as specified in the deed restriction at the category specified at the time of final approval, based on the sales price stated in the Guidelines in effect at the time of recordation of the deed restriction, appreciated as stated in the deed restriction (3% or the Consumer Price Index, whichever is less), as of the date of the listing of the units. If the units are being sold due to non-compliance, all of the units will be sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3`d of the buyers as long as they qualify under the top priority for that specific unit. c. An agreement will be established between the owner of the commercial space and APCHA regazding the tenancy of the affordable housing units. An owner of one of the commercial/retail spaces may request a unit for a specific employee, but at NO time will the tenancy of that unit be tied to any specific employment. If the owner cannot find a qualified a tenant, the owner will contact APCHA and the unit(s) will be filled through APCHA's normal advertising process. d. The units shall be owned by an Association and managed by that Association; however, the applicant must provide to APCHA, at final approval, more detail of maintaining and managing said units. e. Each tenant in the rental units will be required to requalify on a yearly basis. f The governing documents shall be drafted to reflect the potential for the rental units to become ownership units. g. Should the rental units become ownership units, the APCHA or the City of Aspen can elect to purchase them for rental to qualified households in accordance with the APCHA Housing Guidelines. h. As long as the affordable housing units remain as rental units, the APCHA or the applicant shall structure a deed restriction for the units such that an undivided 1/]0`s of 1 percent interest in the ownership of each unit is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. Language shall be provided in the Protective Covenants covering the units' assessments upon the units becoming "for sale" units. The assessments shall be based on the value of the free-market units compared to the deed-restricted units. This language shall be required in the approval and in the Covenants associated with the project and allow for the same voting privilege as the free-market residential units upon the units becoming "for sale" units. No changes to this restriction would be allowed without APCHA's approval. Section 5: Fire MitiHation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. 1. Under Water Supply. 2nd paragraph, Sentence 2 "The well house is connected to the City distribution system and is configured to provide water to the system as a whole or may be used as a discrete source of irrigation water for the Rio Grande Park. This is not correct; the well cannot be used as a discrete source of irrigation water for the Rio Grande Park. 2. A transformer location will have to be provided on the Customer's property that meets the COA Utility standards for safety clearances per National Electric Safety Code. 3. Customer will pay for costs incurred by the COA Electric System in engineering fees for calculating and designing load profiles for the premises. 4. On-site drainage detention solutions aze questionable due to poor soil conditions existing. Not a good assumption to assume good granulaz site soils. Section 7: Sanitation District Requirements 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. On-site utility plans require approval by ACSD. Oil and Grease interce~rs (NOT under the counter 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 mixed use and maybe tenet finish, interceptors will be required if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use at a later date. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of an excavation/foundation or access/infrastructure permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts prior to building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regazd to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior Lighting 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 10: Dimensional Standards All lots within the subdivision shall meet the underlying zone district standazds of the Neighborhood Commercial (NC) zone district. The Amendments of the SPA allows for the development of a mixed-use building on lot 1 B. Section 11: Parks 1. An approved tree permit is required before submission of the buildin pg Crmlt set. Contact the Parks Department for permit, 920-5120. 2. Parks requests alternate plans for proposed on-site mitigation. The pazks department does not support the current plans for planting in the ROW. Please submit prior to building permit a new ROW planting, showing the proposed spruces removed, and an evenly spaced planting with a specific street tree. Applicant should set up a meeting between the Parks and Engineering offices to review two alternatives for a separated sidewalk and or attached. 3. Building permit plans shall include a detailed plan submitted for tree removal and protection. 4. Tree protection fences must be in place and inspected by the city forester or his/her designee (920-5120) before any construction activities aze to commence. 5. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of , 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney LJ Erspamer, Chair ATTEST: EXI~BTT A Chapter 26.440 SPECIALLY PLANNED AREA (SPA) Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: The proposed development is compatible with the mix of commercial, housing and parking in the immediate vicinity. Affordable housing on the ground floor is allowed as a conditional use in the neighborhood Commercial (NC) zone district, however Staff has concerns about the placement of units and privacy issues from pedestrian and vehicular traffic on Puppy Smith. The second floor may be a more ideal location for residential units due to the busy pedestrian and vehicular traffic, as opposed to the location currently proposed on the ground floor. In order to fully understand the mass and context of the application, Staff has requested a 3D SketchUp model to be digitally constructed for the review. The 3D model with context displays the proposal as a out of scale with the surrounding one-story buildings .The adjacent buildings, the Post Office, 465 N. Mill (Aspen Velo), Andrews-McFarlin subdivision (on river) and the Trueman subdivision (Clarks) all present one level to the parking lo! elevation .The proposed building is requesting an increase in the maximum height (28' which maybe increased to 32' through commercial design review) for the zone district. Staff requests that the applicant continue to redesign to reduce the height, mass and to find a character unique to the River Approach Character Area. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: Sufficient public facilities and roads exist. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. Staff Finding: Additional comprehensive drainage studies will be required prior to final review. At a conceptual level, stafffinds this criterion to be met. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: The proposal replaces an existing surface parking lot. Staff recommends that the applicant strive to create a project that provides open space and pedestrian amenities in order to bring vitality to the area. In addition, concerns about site drainage, soils and compliant access from the parking garage must be addressed prior to final review. Staff frnds the conceptual application to meet this criterion, but would like to see the public amenity space and pedestrian links and widths amended. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: While the proposal meets a number ofAACP goals related to affordable housing, economic diversity and density with a sustainable mix, Staff has concerns about community character & design, transportation and open space and environment. The AACP discusses "creating places and opportunities for social interaction and lifestyle diversity" and also to "improve safety for pedestrians, bicyclists, mass transit riders and automobiles ". Pedestrian, ADA and bicycle access across Mill Street have not been resolved at the conceptual level, as well as providing adequate pedestrian amenity space. The loggia on the parking lot is not ideal for social interaction and lifestyle diversity due to visual and physical constraints. Staff recommends redesign to create a ' place" on the Mill Street facade and emphasize the importance of the Mill and Puppy Smith corner to take advantage of the relationship to Rio Grande Park and to define a "gateway "from the river. Staff does notfind this guideline to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Stafff Finding: The proposal does not require public funds to provide public facilities for the proposed parcel. Staff finds this criterion to be met. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Sta Finding: There are no slopes in excess of twenty percent on the proposed Lot 1 B. Staff finds this criterion to be met. 8. Whether there are sufficient GMQS allotments for the proposed development. Sta Finding: There are sufficient GMQS allotments. Stafffinds this criterion to be met. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Staff Finding: Staff does not find that there are any requests for variations. EXHIBIT B Chapter 26.412 COMMERCIAL DESIGNREVIEW Conceptual Review Design Guidelines Street & Alley System 3.1 Provide pedestrian connections through properties that link to public sidewalks and trails. • Also provide connections to outdoor use areas. Staff Finding The applicant is working to solve the difficult problem of creating a viable commercial space coupled with affordable housing on the ground floor. Providing adequate pedestrian access to the commercial units, allowing for links through the site as well as maintaining privacy for the housing units are the primary areas for consideration. Although the applicant has provided adequate pedestrian connections Staff finds that both the initial application and the supplemental documents require redesign in order ro comply with the requests from Staff, Parks and Engineering. Although many links through the site are provided, Staff has identified ADA compliance, bicycle ramps, pedestrian crosswalks that do not conflict with mass transit stops or stop signs as areas for additional study. Staff recommends that the applicant continue to redesign in conjunction with Parks and Engineering in order to comply with this guideline. 3.2 Define street edges with public sidewalks. • These should be of sufficient width to invite their use. • Street trees should be provided where space permits. Sta Finding The width of the south facing 'loggia' requires attention as it serves as an east/west link as well as a potential place for retail, restaurant and pedestrian activity. Staff has concerns about the width of the patio on the east facade. Staff recommends redesign to create a `place " to define the street edge on Mill, facing Rio Grande Park. In addition, no access from the Mill and Puppy Smith corner to the proposed development is provided, which increases the distance a pedestrian must walk to access the NE corner of the building. Privacy is needed along Puppy Smith for the housing units. The Parks Department has requested that trees line the street edge providing a buffer for the pedestrian sidewalk, in conjunction with grading and landscaping. Staff recommends redesign in conjunction with Parks and Engineering in order to define the Puppy Smith (and North Mill as shown on supplemental landscape plan) street edges with trees. 3.3 Minimize crossing conflicts for pedestrians. • Locate driveways and curb cuts to avoid crossing conflicts. Staff Finding: The applicant has provided supplemental site and landscape plans which propose three (3) parking spaces on Puppy Smith. Engineering has concerns that the existing congestion in this intersection will not allow for the addition of these spaces. Staff recommends redesign in conjunction with Engineering in order to avoid conflicts for pedestrians and vehicular traffic. Parking 3.4 Minimize the visual impacts of parking. • Parking shall be placed underground wherever possible. • Where surface parking is permitted, it shall be located to the interior of the property. • Surface parking shall be externally buffered with landscaping, and internally planted and landscaped to soften design of parking areas and provide solar shade. Staff Finding The applicant has provided underground parking. The supplemental landscape plan shows adequate buffer from North Mill with trees on the street edge and bushes to screen the surface lot. However, an easement for access to some of the parking for Lot 1 B will be required (surface parking spaces from Lot lA are on Lot IB). Staff finds this guideline to be met. 3.5 Structured parking access should not have a negative impact on the character of the street. The access shall be: • Located on a secondary internal street where feasible • Designed with the same attention to detail and materials as the primary building facade. • Integrated into the building design • Where redevelopment occurs, alley parking access should be created. Sta Finding.• The parking access will not have a negative impact on the character of the street. Ramp steepness and relationship to the pedestrian circulation have been identified as areas for additional design refinement and consideration for code compliance. Stafffinds this guideline to be met. 3.6 Minimize the visual impacts of surface parking. • On small lots where limited surface parking in front of the building might be considered, it should be designed and screened to minimize the visual impacts. Staff Finding The applicant has provided underground parking. The supplemental landscape plan shows adequate buffer from North Mill with trees on the street edge and bushes to screen the surface lot. Stafffinds [his guideline to be met. Topography 3.7 A building on a sloping site shall be designed to reduce its perceived mass and scale and reflect the natural slope of the site. This shall be achieved in one or more of the following ways: • Step sections of the street facade(s) in relation to the street slope. • Vary the height of the building modules to convey a human scale. • Vary the plane and height of the street facade to express the slope of the site when present and continue the varied form in the roof profile(s). • Use the roof form and profile to reduce the perceived scale of the street facade(s) and roof. • Include a range of materials to express the modulation of the facade. Staff Finding The topography on the proposed site is essentially flat, as it replaces a surface parking lot. However, the elevation of Puppy Smith Street is lower than the ground elevation of the proposed building. Staff has concerns about the creation of a retaining wall that will run the length of the proposed building on Puppy Smith Street because it eliminates the natural slope and reads as part of the development. In addition to the sectional relationship, the buildingfayade does show articulation and modulation, however Staff recommends that the applicant more carefully consider Design Objective 1 * which states that the River Approach area should have an identity which is distinct from the Commercial Core. Staff finds this guideline to be met at the conceptual level, however Staff requests that the applicant continue to redesign to find a character unique to the River Approach design objectives. 3.8 Design a building to integrate with and blend into the natural landscape. This shall be achieved in one or more of the these ways: • Face the building(s) toward the open landscape as well as the primary street. • Create public access through and adjacent to the site. • Reduce the height and scale of individual building modules. • Reduce the building footprint and/or use smaller buildings adjacent to the open azea. StaffFindin~ Although modules are created, Staff has requested that the applicant rethink the character to be distinct from the Commercial Core. If there is an opportunity to blend into the natural landscape through architectural detailing, especially as the proposal replaces a surface parking lot, a character enhancing green open space would be desirable. Staff requests that the applicant continue to redesign to find a character unique to the River Approach design objectives. Public Amenity Space Public Walkway Amenity Space 3.9 Walkway links should be a minimum of 8 ft. wide. Staff Finding: Although the original application did not show an 8 ft. wide circulation corridor, the supplemental landscape plan shows a wider covered link as well as an extended patio area to the south. The east face north/south pedestrian link does no meet this guideline. Staff does not find this guideline to be met in the revised landscape plan. Staff recommends redesign prior to conceptual with Council. Building Placement 3.10 Varied setbacks are appropriate. • Aligning a building at the sidewallc edge is preferred, but some variation is appropriate where this provides enhanced outdoor spaces and pedestrian circulation routes. Staff Finding_ The placement of the building requires careful consideration as it is adjacent to a public park, fronts a primary street (Mill) and seeks to create a new urban edge along Puppy Smith. Providing access to the housing units from the street privately, separate from the commercial units on the ground floor is an area for discussion. In addition, public amenity space on the east edge, open to views and sky would be appropriate for this site. Staff does not find this guideline to be met. Staff recommends redesign prior to conceptual with Council. 3.11 Use varied setbacks to reduce building scale, enhance public access and accommodate landscaping. All of the following should be considered: • Front setbacks should provide for addirional or widened sidewalk and landscaping of the front yard space. • Side setbacks should provide the opportunity to create or reinforce public walkways or through courts to adjacent streets and public trails. • Setbacks adjacent to a public street should accommodate the planting of street trees. Staff Finding.• The supplemental landscape plan shows a reduction of open space in the affordable housing front yard (on the north side, facing Puppy Smith). Staff has concerns about the percentage of green space that has been replaced by pavers, retaining walls and hard surfaces. The division of the ground floor plan to accommodate a north/south pedestrian path from Clarks through to Puppy Smith assists with a potential pedestrian conflict crossing the garage ramp. In addition, public amenity space on the east edge, open to views and sky would be appropriate for this site. Staff does not find this guideline to be met. Staff recommends redesign prior to conceptual with Council. Orientation 3.12 Buildings should orient to street edges, internal open spaces and the river edge. • A building occupying a corner site should face both streets. • The building should be "double fronted." Staff Finding Although the initial application elevations do not emphasize a double fronted faFade, Staff has expressed concerns about creating a gateway from the North for the Puppy Smith and Mill corner of the proposal. Both the Northeast and Southeast corners are the primary visual and pedestrian hotspots for those returning to town from Puppy Smith or from across the river. Staff requests that the applicant continue to redesign to find a character unique to the River Approach design objectives. Building Height, Mass £~ Scale 3.13 Provide variation in building height and roof profile through one or more of the following: • Vary the heights for different sections of the development • Vary the setbacks, and wall planes of different building "modules." Staff Finding Although modules are created, Staff has requested that the applicant rethink the character to be distinct from the Commercial Core*. If[here is an opportunity to blend into the natural landscape through architectural detailing, especially as the proposal replaces a surface parking lot, a character enhancing green open space would be desirable. Staff requests that the applicant continue to redesign to ftnd a character that complies with the design objectives of the River Approach Character Area. *River Approach Character Area Design Objectives 1. Establish an attractive gateway to the city center, as one approaches downtown from the North. The River Approach area should have an identity which is distinct from the Commercial Core. This should draw upon its industrial heritage (albeit in contemporary ways), and also reflect its location near and public access to the river. It should not simply repeat the design traditions of downtown. 2. Establish street edges that invite pedestrian activity and promote anurban/ industrial character along established street edges. In general, street edges should be more "urban" with storefronts abutting sidewalk edges. This should result in a well defined street wall; this in turn should be punctuated with spaces between buildings that lead to wallcways and activities within a site and along the river banks. 3. Highlight natural resources along edges of developed areas. Buildings and outdoor use areas should orient to the river and public parks. Iri essence, developments should be "double-fronted," looking both to the river and to the street. 4. Provide an interconnected system of sidewalks and internal walkways that facilitate pedestrian circulation. 4 Walkway and river access should frame the edges of properties and also provide internal connections within a parcel. Connections among properties, in addition to those provided by external sidewalks, are also encouraged. Recognize the nature of service/commercial activity through the design of safe and efficient vehicle delivery routes, while providing a system of walkways that safely facilitate pedestrian circulation to and through the site. Chapter 26.412 COMMERCIAL DESIGN REVIEW Sec. 26.412.050. Review criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used tojustify a deviation from the standards. Staff Finding Staff has concerns about the height and mass of the proposed building, in addition the pedestrian amenity and building placement does not adequately provide opportunities for social interaction and lifestyle diversity by widening the pedestrian circulation through and around proposed Lot IB. Please see memo, review criteria for SPA, conceptual review design guidelines and objectives for the River Approach Character Area. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fapade of the building may be required to comply with this Section. StaffFindinQ: N/A C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. (Ord. No. 13, 2007, § 1) StaffFindinp: please see review criteria for Conceptual Review Design Guidelines and Objectives Sec. 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of--way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at-grade relationships with adjacent rights-of--way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of--way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Staff Finding: Staff has requested that the applicant redesign the proposal to vary the setback on the east side (Mill St.) to widen the pedestrian space to a minimum of 8 feet. Standard 5 above refers the design and operational standards in Subsection 26.575.030. F. This states that the public amenity space must be I.Open to View, 2. Open to Sky, 3. No Walls/Enclosures 4. Prohibited Uses (storage areas, utility/trash, delivery, etc.), 5. Grade Limitations (space cannot be more than 4 feet above grade or 2 feet below), 6. Pedestrian Links (see other comments), 7. Landscaping Plan (working with Parks), 8. Maintenance ofLandscaping (Parks), 9. Commercial Activity (amenity space restrictions etc), 10. Commercial Restaurant Space (may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained). Please see memo, review criteria for SPA, conceptual review design guidelines and objectives for the River Approach Character Area. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: I. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 3. Delivery service areas shall be incorporated along the alley. Any truck loading faci]ity shall be an integral component of the building. Shazed facilities are highly encouraged. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of--way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13, 2007, §1) Sta Finding Staff has concerns about the height of the buildings, mechanical equipment should be shielded in a way that does not increase the visual mass of the proposed building, as the surrounding structures are primarily one-story. In addition, Staff has concerns about deliveries for the commercial spaces interfering with either traffic, parking lot spaces, pedestrian view or the sub-grade ramp and access. Staff recommends that the applicant work with referral agencies to resolve any utility, service, delivery or mechanical problems and provide a plan for final review. EXHIBIT K Chapter 26.440 SPECIALLY PLANNED AREA (SPA) Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. 2. Whether sufficient public facilities and roads exist to service the proposed development. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. 8. Whether there are sufficient GMQS allotments for the proposed development. The burden shall rest upon an applicant to demonstrate the general reasonableness and suitability of the proposed development and its conformity to the standards and procedures of this Chapter and Section; provided, however, that in the review of the conceptual development plan, consideration will be given only to the general, concept for the development, while during the review of the final development plan, detailed evaluation of the specific aspects of the development will be accomplished. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Sec. 26.440.060. Application A. Conceptual Development Plan. ]. Contents of application. The contents of the development application for a Conceptual Development Plan shall include the following: a. The general application information required in Common Development Review Procedures set forth at Chapter 26.304.030. b. A conceptual description of the proposed development. This shall include, but not be limited to a statement of the intent of the proposed development and a conceptual description of proposed land uses, densities, design concepts, access ways and a general time schedule for construction of the proposed development. c. A statement outlining in conceptual terms how the proposed development will be served with the appropriate public facilities and how assurances will be made that those public facilities are available to serve the proposed development. d. A Conceptual Site Plan, illustrating: (1) Existing natural and manmade features. (2) General configuration of proposed land uses, access ways and existing and proposed utilities. (3) Schematic drawings of proposed buildings, indicating general site design features and overall mass and height of proposed structures. Chapter 26.412 COMMERCIAL DESIGN REVIEW Sec. 26.412.050. Review criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standazds provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particulaz standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fapade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Sec. 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of--way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solaz access, view orientation and simple at-grade relationships with adjacent rights-of--way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of--way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standazds shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as faz away from the street as practical. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of--way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13, 2007, §1) Conceptual Review Design Guidelines: Street & Alley System 3.1 Provide pedestrian connections through properties that link to public sidewalks and trails. • Also provide connections to outdoor use areas. 3.2 Define street edges with public sidewalks. • These should be of suffi cient width to invite their use. • Street trees should be provided where space permits. 33 Minimize crossing conflicts for pedestrians. • Locate driveways and curb cuts to avoid crossing conflicts. Parking 3.4 Minimize the visual impacts of parking. • Parking shall be placed underground wherever possible. • Where surface parking is permitted, it shall be located to the interior of the property. • Surface parking shall be externally buffered with landscaping, and internally planted and landscaped to soften design of parking areas and provide solar shade. 3.5 Structured parking access should not have a negative impact on the character of the street. The access shall be: • Located on a secondary internal street where feasible • Designed with the same attention to detail and materials as the primary building facade. • Integrated into the building design • Where redevelopment occurs, alley parking access should be created. 3.6 Minimize the visual impacts of surface parking. • On small lots where limited surface parking in front of the building might be considered, it should be designed and screened to minimize the visual impacts. Topography 3.7 A building on a sloping site shall be designed to reduce its perceived mass and scale and reflect the natural slope of the site. This shall be achieved in one or more of the following ways: • Step sections of the street facade(s) in relation to the street slope. • Vary the height of the building modules to convey a human scale. • Vary the plane and height of the street facade to express the slope of the site when present and continue the varied form in the roof profile(s). • Use the roof form and profile to reduce the perceived scale of the street facade(s) and roof. • Include a range of materials to express the modulation of the facade. 3.8 Design a building to integrate with and blend into the natural landscape. This shall be achieved in one or more of the these ways: • Face the building(s) toward the open landscape as well as the primary street. • Create public access through and adjacent to the site. • Reduce the height and scale of individual building modules. • Reduce the building footprint and/or use smaller buildings adjacent to the open area. Public Amenity Space Location of Public Amenity Space Public amenity space is a requirement in the River Approach Area. This should take the form of: • Public walkways through the site • Internal areas of open space within the site • River and trail overlooks • Public access to space adjacent to the river Public Walkway Amenity Space Within a city highly regarded for its pedestrian character and 'walkability; enhancing the opportunities presented by public circulation patterns has distinct advantages and is encouraged. Public access to river frontage is also an objective. The existing sites within the River Approach Area tend to be larger and the street network less complete. Walkways to link with the street network, internal open space and external open land or public. trail system and river edge may be required. Such links may be within or towards the boundaries of the site, depending upon particular site constraints and development design. 3.9 Walkway links should be a minimum of 8 ft. wide. Building Placement 3.10 Varied setbacks are appropriate. • Aligning a building at the sidewalk edge is preferred, but some variation is appropriate where this provides enhanced outdoor spaces and pedestrian circulation routes. 3.11 Use varied setbacks to reduce building scale, enhance public access and accommodate landscaping. All of the following should be considered: • Front setbacks should provide for additional or widened sidewalk and landscaping of the front yard space. • Side setbacks should provide the opportunity to create or reinforce public walkways or through courts to adjacent streets and public trails. • Setbacks adjacent to a public street should accommodate the planting of street trees. Orientation 3.12 Buildings should orient to street edges, internal open spaces and the river edge. • A building occupying a corner site should face both streets. • The building should be "double fronted." Building Height, Mass & Scale 3.13 Provide variation in building height and roof profile through one or more of the following: • Vary the heights for different sections of the development • Vary the setbacks, and wall planes of different building "modules." Desi~jectives: 1. Establish an attractive gateway to the city center, as one approaches downtown from the north. The River Approach area should have an identity which is distinct from the Commercial Core. This should draw upon its industrial heritage (albeit in contemporary ways), and also reflect its location near and public access to the river. It should not simply repeat the design traditions of downtown. 2. Establish street edges that invite pedestrian activity and promote anurban/ industrial character along established street edges. In general, street edges should be more "urban" with storefronts abutting sidewalk edges. This should result in a well defined street wall; this in turn should be punctuated with spaces between buildings that lead to walkways and activities within a site and along the river banks. 3. Highlight natural resources along edges of developed areas. Buildings and outdoor use areas should orient to the river and public parks. h1 essence, developments should be "double-fronted," looking both to the river and to the street. 4. Provide an interconnected system of sidewalks and internal walkways that facilitate pedestrian circulation. Walkway and river access should frame the edges of properties and also provide internal connections within a parcel. Connections among properties, in addition to those provided by external sidewalks, are also encouraged. Recognize the nature of service/commercial activity through the design of safe and efficient vehicle delivery routes, while providing a system of walkways that safely facilitate pedestrian circulation to and through the site. gc MEMORANDUM To: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Planning Direct FROM: Jason Lasser, Special Projects Planner J RE: 1310 Red Butte Drive -Stream Margin Review -Public Hearing MEETING DATE: Mazch 18, 2008 Annlicant: Jerry Scheif Representative: Josh Smith, John Muir Architects Zonin : R-30 (Low-Density Residential) Loy Size: approximately 30,896 Square Feet Land Use: Single-Family Residence Request Summary: The Applicant is requesting a Stream Mazgin Review Approval in order to demolish the existing single-family residence and replace it with a new single-family residence. Staff Recommendation: Approval of the Stream Mazgin Review. LAND USE REQUESTS: The Applicant is proposing to demolish the existing residential structure located at Red Butte Drive and is requesting the following land use approval to redevelop the site with a single-family residence and attached gazage/ADU: • Stream Margin Review approval for development within 100 feet of the mean high water line of the Roaring Fork River pursuant to Land Use Code (L.U.C.) Section 26.435, Development in Environmentally Sensitive Areas. REVIEW PROCEDURE: A development application for stream margin review shall be approved, approved with conditions, or denied afrer review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Sections: 26.435.040, Stream Mazgin Review. PROJECT SUMMARY: The Applicant has requested approval to demolish the existing single-family residence and replace them with a new single-family residence. The entire building will have a Floor Area of 5,205 square feet. The primary residence will contain four (4) bedrooms. The following table compazes the proposed development dimensions with the dimensional requirements of the R-30 Zone District: TABLE 1: Dimensional Standards Dimensronal~ie~juix~eanen~' ~~ ° ~' bser~x ~ T)`~i ~ ~ -~[r~v~e~s~~ `s~ ~. { _~ ~x~~ ~ r~ .. ~.. _. .. _,. :.rte _ ... ... _ .. .. _.. ..,... _., .._.. _. ~_ ~ ,.. .~.,. Minimum Lot Size 30,896 SF 30,000 SF Minimum Lot Width A rox.142 Feet 100 Feet Minimum Lot Area/Dwelling 37,000 Feet 30,000 SF Minimum Front Yazd Setback 25 Feet 25 Feet -Residential Dwellings Minimum Side Yazd Setback 10 Feet 10 Feet Minimum Rear Yard Setback 15' from top-of- 15 Feet -Residential Dwellings slo e Maximum Hei ht 25 Feet 25 Feet Floor Area Ratio (FAR) 5,205 SF 5,227 SF Minimum Off-Street Pazking 2 Spaces (2 for Two spaces per unit (single-family) Single-family residence STAFF ANALYSIS: A. Stream Margin Review: Staff believes that the proposed new residence will not have a significant negative impact on the native riparian azea for which the Stream Matgin Review was established. Pazks has requested that the applicant restore the area within 15' feet from the top of bank with native vegetation, and that there will be Pazks involvement in the design of the restoration. As part of Stream Mazgin Review, all development is required to be located no closer than fifteen (15) feet from the top-of-slope. The Applicant's surveyor identified where he believes the river's top-of--slope to be located. Afrer conducting a site visit, Staff (including the City Engineer) agrees with the placement of the top-of--slope as was identified by the Applicant's surveyor. The residence is located either at the required fifteen (IS) foot setback from the top-of--slope boundary or a further distance from the boundary. One of the Stream mazgin review criteria, standard 26.435.040 C.2, requires that a fisherman's easement be granted "within the high water boundazies" of the river course. The survey does not show the presence of an easement. Staff has required the granting of the easement as a condition of approval. --~ «-- - ~~ ., _ Top of Slope -~~ e ~ Required 15' setback from Top of Slope ~2~• Figure 1: Required Setback and An additional requirement of Stream Margin Review is that no building breach the progressive forty-five (45) degree height limit from the top-of--slope as required by Land Use Code Section 26.435.050 (C). This requirement is illustrated in the figure below. The proposed residence as designed will meet the standard as shown on the Applicant's south elevations (site sections page A4.1-A4.5) and included as part of the application. Figure 2: Height Limit from Top or dope As part of the approval and within the resolution, Staff is recommending that both the Applicant's design and building permit application comply with the minimum setback from top-of--slope and the progressive forty-five degree height limit prior to the issuance of a building permit. B. TREE REMOVAL AND CONSTRUCTION TECHNIQUES: The Pazks Department has reviewed the development proposal and is requiring tree protection for trees proposed to remain on site and mitigation for any trees that aze removed. Additionally, the Applicant must obtain a tree removal permit from City of Aspen Parks Department prior to removing the trees. The Pazks Department is also requiring native restoration below the top-of--slope and erosion control. Staff has proposed a condition of approval that would require the Applicant to provide silt fencing and construction fencing on site as well as native restoration within the resolution. C. IMPACT FEES AND SCHOOL LANDS DEDICATION: The Applicant is required to pay a any applicable Impact Fees and School Lands Dedications for additional bedrooms added to the site pursuant to Land Use Code Chapters 26.610, Impact Fees and Chapter 26.620, School Land Dedication Staff has included a condition of approval in the proposed resolution requiring that a Park Development Impact Fee and School land Dedication Fee updated to today's adopted regulations, if applicable, be paid prior to building permit issuance. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request meets the stream mazgin review standards that aze set forth in Land Use Code Section 26.435.040(C), Stream Margin Review RECOMMENDED MOTION: "I move to approve Resolution No. ~3 Series of 2000, approving with conditions, a stream mazgin review and a vaziance request from the Residential Design Standards to construct a single-family residence located at 1310 Red Butte Drive as both requests meet the review standards of Land Use Code Sections 26.435.040 C., Stream Margin Review Standazds ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Referral Comments from 1/9/08 Exhibit C -- Referral Comments from 2/27/08 Exhibit D -- Application RESOLUTION N0. (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, FOR THE PROPERTY COMMONLY KNOWN AS 1310 RED BUTTE DRIVE, AND LEGALLY DESCRIBED AS LOT 2, BLOCK 2, RED BUTTE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-3012 WHEREAS, the Community Development Department received an application from AV-20 Properties, LLC, represented by John Muir Architects, requesting approval from the Planning and Zoning Commission for Stream Mazgin Review for the construction of asingle-family residence located at 1310 Red Butte Drive; and, WHEREAS, the Applicant's property is a 30,896 sq. ft. lot located in the R-30 Zone District in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Applicant has had a Development Review Committee (DRC) meeting on January 9, 2008 and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, on February 27, 2008, the Applicant had a Development Review Committee (DRC) meeting and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Stream Margin Review Standazds; and, WHEREAS, the Aspen Planning and Zoning Commission 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 Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission fords that the development proposal meets or exceeds all applicable development standazds and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves the Stream Mazgin Review request, with conditions to construct asingle-family residence at 1310 Red Butte Drive, by a vote of to ~ - ~> and> ' WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Stream Mazgin Review with the following conditions: 1. A fisherman's easement granting public fishing access within the high water boundaries of river course shall be granted via a recorded "Fisherman's Easement" prior to issuance of the building permit. Section 2• The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. A drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The building shall meet the minimum top-of--slope requirement and the forty-five (45) degree progressive height limit as required by Stream Margin Review standazds. h. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 3: The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering and Pazks Departments. 1. The Applicant shall submit a detailed plan for erosion control. Plans should detail location of fencing and type of fencing. This fencing, at a minimum, shall consist of barrier fencing at the top of slope. Beyond this barrier fencing shall be silt fencing installed to the City of Aspen standards. Additional erosion control measures may be necessary depending upon the site. Silt fencing shall be installed along the top of slope. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally, Due to the location of excavation and work around the lazge cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. 4. Native Restoration is required below the top of slope. This area has been severely degraded. In order to protect the riparian corridor and flood protection the applicant is required to replant and seed the entire stream bank with native vegetation. This restoration component shall be represented on the landscape plans. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan aoound all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 6. Parks is requiring a detailed plan outlining access to and from the construction azea. Access plans should detail all vegetation protection measures and construction staging azeas. 7. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 8. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. Section 4: 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 5: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Mazshal if the building is over 5,000 squaze feet in azea. Section 6: The Applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No cleaz water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements aze prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where sofr and hazd landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Section 8: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 9: All applicable Impact Fees and School Land Dedication shall be paid at time of building permit issuance. Section 10: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 11: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of , 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXIIIBIT A Chapter 26.435 DEVELOPMENT IN ENVII20NMENTALLY SENSITIVE AREAS (ESA) C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepazed by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Staff Finding The proposed development will not increase the base flood elevation, as the proposal will not affect the river, all development is required to follow the Engineering Department checklist, site grading plan, drainage and erosion plan, and excavation and stabilization plan which will not allow disturbance to the river. Staff finds this criterion to be met. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and StaffFinding_ Stafffinds that the application has worked to meet the goals of the Engineering and Parks Departments to maintain the high water boundaries of the river course. As noted on the survey, "this property is subject to all easements, rights-of--way and/or requirements as noted or shown in the records of the Pitkin County Clerk & Recorder. The Code requires dedication of a fisherman's easement. Staff recommends the granting of the easement be included as a condition of approval. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1;avd Sta Finding The applicant has worked with both Engineering and the Parks Departments to restore the area fifteen feet (1 S) from top of slope to top of slope with native vegetation, detailed in the landscape and surveys of the Feb. 14, 2008 drawings submitted by the applicant. Staff finds this criterion to be met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff Finding The applicant has been working with the Engineering and Parks Departments to resolve any development or construction erosion, sedimentation, and drainage to mitigate any potential for pollution or interference with the natural changes of the river. Any on-site drainage issues will be addressed per a grading and erosion control plan provided at the time of building permit submidtal, all drainage will be accommodated within the parcel, no drainage will be allowed into the river or onto its banks. Stafffinds this criterion to be met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and StaffFinding.• The water course will not be altered or relocated. Stafffnds this criterion to be not applicable. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff Finding: The proposed development will not alter or relocate the water course (see criterion 5). Staff finds this criterion to be not applicable. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Staff Finding_ There is no work proposed within the 100 year flood plain, Staff finds this criterion to be not applicable. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staff Finding: The applicant has worked with both Engineering and the Parks Departments to restore the area fifteen feet (1 S) from top of slope to top of slope with native vegetation, detailed in the landscape and surveys of the Feb. 14, 2008 drawings submitted by the applicant. Staff finds this criterion to be met. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; Staff Finding The applicant has worked with the Zoning Off cer to determine the height of the development and method of calculating height as seen in the architectural drawings of the Feb. 14, 2008 submission by the applicant. Stafffinds this criterion to be met. ] 0. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and StafJ'Finding The applicant has worked with the Zoning Officer to determine that the lighting will comply with the requirements of the review as seen in the architectural drawings of the Feb. 14, 2008 submission by the applicant. Stafffrnds this criterion to be met. 1 ] .There has been accurate identification of wetlands and riparian zones. Sta Finding_ The applicant has worked with the Community Development Staff to determine the accuracy of the surveys, engineering, landscape and architectural drawings of the Feb. 14, 2008 submission by the applicant. Stafffinds this criterion to be met. EXIIIBIT B Date: 1/14/08 Project: 1310 Red Butte Dr City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Transportation Driveways -Specify all driveway locations and widths. Standards depend on zoning district. Parking Lots -Specify turning radius, mazkings, and handicap locations. Streets - If the longitudinal edge of a street patch falls within the existing wheel tracks, the patch shall extend to the full width of the lane. A minimum patch dimension shall be two feet. A signing and pavement marking plan must be submitted as part of the design documents. Traffic - A traffic study shall be conducted as needed to determine impacts of new development. Draina>;e General -Project packet must include a discussion of anticipated and proposed drainage patterns, detention storage and outlet concepts. Floodplain -Where applicable, 100-yr floodplain and floodway boundazies shall be defined. Storm Sewer System -Project drainage requirements may include construction of new storm sewer line, minimum lateral 15" RCP and mainline 18" RCP to connect to existing storm sewer system. A Stormwater System Development Fee shall be assessed against all properties at the time of development or redevelopment of the property. The fee shall be assessed against the total impervious azea of the development, not simply the increased impervious azea. Detention as required by code. Drywells -Minimum 10' deep and 10' from property line and foundation. Percolation tests must show that the soil will drain the 5-yr runoff volume in 36 hours. Seasonal high groundwater level must be 2' below the bottom of the dry well. Pedestrian Improvements General - In accordance with the City's Sidewalk, Curb and Gutter Master Plan, property owners are required to install and maintain sidewalk, curb and gutter along the street frontage adjacent to their properties. Properties within certain areas of the City are not required to install sidewalk, curb and gutter. These locations aze shown on the "Sidewalk Free Zones" and the "No Curb and Gutter Zones" maps dated February 22, 2002. These maps aze kept in the City Engineering Department. Sidewalks -Project depicts ALL sidewalk locations and widths. Sidewalk width is based on the land use. Residential: S High density and multi-family azeas: 6' Commercial azeas 8'. Warning Pads -detectable warning pads shall be installed at all curb ramps. Curb ramps shall be directional and not diagonal. Pedestrian Study - A neighborhood safety/pedestrian study shall be completed as deemed necessary by City Engineer. Construction Management General - A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: pazking, staging/encroachments, truck traffic, noise, dust, and erosion/sedimentpnllution. Miscellaneous Utilities -All above ground structures shall be located outside the public rights-of--way. Sight Distances -Project shall comply with proper sight distances at intersections/driveways. Detailed plans are required prior to council -please see engineering department for specific details. Additional Proiect Specific Comments Stormwater -Nothing can drain to river due to the steep slopes and environmental sensitive azeas. Is one drywell enough to accommodate all flow? The azea has a very high amount of impervious. Excavation -Can the basement be stabilized without going outside of the building envelope? Setback -From municipal code 26.435.040 C3 No vegetation can be removed/damaged and no grading can occur within the building envelope. Drivewav -There might site distance issues Permits - A permanent encroachment would be necessary to have any landscaping in the ROW. Also ROW permit necessary to hook-up to sanitary sewer if in the roadway. 1310 Red Butte Drive Parks Department Requirements There must be a detailed plan submitted for stream mazgin protection. The detailed plan shall identify; Location of silt fencing? How will it be supported? How will this fencing "protect residual run-off and erosion"? A native vegetation protection fencing system shall be installed at the edge of the demolition envelope. There will be no storage of construction materials, backfill, tools or construction traffic outside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 2. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standazd for this fencing denoted on the plan. The Parks Department is concerned about the lack of spacing for several proposed Blue Spruce Trees. New locations and planting plan should be designed to reflect appropriate spacing away from the new structure, existing vegetation and each individual plant species. 4. Amore detailed landscape plan will need to be submitted for approval. The plan shall include the fully proposed seed mix with proposed lbs per acreage. The seed mix should include a riparian seed mix that includes an herbaceous understory and one that is consistent with the Roazing Fork River Corridor. The plan should also include a detailed legend of all the proposed deciduous plantings located within the 15' setback. 5. Pazks recommends against flowering crab apples, no fruit producing crab should be used to minimize wildlife conflicts. 6. All new irrigation with in the 15' setback will need to be hand dug preventing the cutting of roots. The same is true for the installation of any proposed landscaping. The proposed new grading within the 15' setback is not appropriate and is not acceptable to the pazks department approvals. Grade changes can be made in a manner that does not damage the existing root zones of the riparian trees. 8. Pazks recommends saving the existing blue spruce located west of the current driveway. There is some value to the preservation of existing mature vegetation. This is not a deal breaker but consideration for the preservation of this tree makes more sense than planting a new Blue Spruce 15 feet from the established tree. 9. Landscape Plans L-1 through L-3 include a statement that says the species of vegetation between the 15' set back and the river are not riparian species. This statement is an inaccurate statement. If this is to be indentified the statement needs to be corrected to accurately identify the Narrow Leaf Cottonwood gallery and the Colorado Blue Spruce trees as indicative of a riparian corridor and the vegetation located below these species aze also indicative of the wetland species. They may not be fully established through out the zone but aze present and should be consider for full protection. 10. The overall mitigation for removals on this property already has a carry over from a property located on Snowbunny Lane. It is the opinion of the Pazks Department that after a redesign of the proposed landscape plan that the mitigation will not be able to be met on site and acash-in-lieu payment may be required. DRC Comments 1310 Red Butte Drive January 9, 2008 ACSD Requirements 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. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and before any and all soil stabilization measures aze attempted, and before the district will approve ademolition/access-infrastructure/excavation-foundation permit. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements maybe required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a demolition/access-infrastructure/excavation foundation permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the azea of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the azea of concern (only for the material cost difference for larger line). The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts prior to building permit. The glycol heating and snow melt system must be designed to prohibit and dischazge of glycol to any portion of the public and private sanitary sewer system. The glycol storage azeas must have approved containment facilities. Page 1 of 2 Jason Lasser From: Todd Grange Sent: Wednesday, January 09, 2008 3:15 PM To: Jason Lasser Subject: reply from DRC today @ 1:30 - 1310 Red Butte 1. Need demo architectural plan to show existing FAR, bedroom and parking. 2. Lot size and lot area -should show on improvement survey with shading and have key. Math needs to be shown. 3. No grading in stream margin setback. Path 4. Show the appropriate roof heights/points in relation to the required 45 degree from the 15 foot required stream margin review requirements. 5. Roof plan with all height marked over topo map. 6. Lighting plan to comply with lighting standards for fully shielded lighting and prohibitions of light directed toward the roaring fork river. 7. Garage appears to violate the 24".max size of garage entrance in design review standards 8. covered porches count on ground levels as exempt. At entry exempt. At back or riverside at ground level exempt but where the are a covered decks they count as 15% Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com From: Jason Lasser Sent: Wednesday, January 09, 2008 11:15 AM To: Development_Review_Committee Subject: DRC today @ 1:30 - 1310 Red Butte A reminder for those with Packets: -Engineering -Zoning -Parks -Building -Holy Cross Thanks! See you then- Jason Lasser City of Aspen ~ Special Projects Planner Community Development Department 130 S. Galena St. ~ Aspen, CO 81611 970.429.2763 ~ www aspenpitkin.com 3/10/2008 EXI3IBIT C Zoning Comments for 131 Red Butte Drive From meeting 27 February 2008 Todd Grange 1) Lot Area/Size. a. Clazify and shade the area considered in the high water mazk calculation and the related developable lot area. Does the island remain above the 100 year flood plain or would it be covered. b. Affects the developable size of the lot. c. How aze you calculating your total lot size? d. .781 * 43,560 = 34,020.36 which differs from your starting lot size. 2) Demolition a. Take out the gazage area and the upper level stairwell from the area calculation. b. Additionally include deck space in the demo calculation. 15% is free and then 1:1 ratio after that. 3) Lower level. a. Need elevation of below grade walls showing grade and all exposes azeas. b. Need to see calculations for your % of exposed wall and how applied to square footage for your lower level. 4) ADU. a. To keep the cooking device you need to deed restrict the ADU otherwise the cooking device needs to be removed. 5) Lighting. ' a. Make sure the exterior lighting you choose complies with the code. Current samples of proposed lighting allow one to see the light bulb and that is not allowed. Make sure the glass in the sconce hides the light source. (Fully Shielded) Date: February 27.2008 Project: 1310 Red Butte Drive City of Aspen Engineering Department DRC Comments These comments aze not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meefing. Tran~ortation Driveways -Specify all driveway locations and widths. Standards depend on zoning district. Property is zoned R-30. Maximum driveway width is 18 feet. + - destu~eats. ~~~ Drama e General - Pmject packet must include a discussion of anticipated and proposed drainage patterns, detention storage and outlet concepts. No offsite basins aze shown. Foundation drains are not addressed. Proposed runoff exceeds Historic (historic is calculated incorrectly). Base flood elevation is shown on FEMA map. Storm Sewer System - ,> >, . A Stormwater System Development Fee shall be assessed against all properties at the time of development or redevelopment of the property. The fee shall be assessed against the total impervious area of the development, not simply the increased impervious area Detention as required by code. Pedestrian Improvements ' ., . V' t` A A -- 7 ' C '7 G+ , /'+ 1 4! Construction Mana eg~ment General - A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosionlsedimentpnllution. Miscellaneous Utilities -All above ground structures shall be located outside the public rights-of--way. Sight Distances -Project shall comply with proper sight distances at intersections/driveways. Detailed plans are required prior to council -please see engineering department for specific details. Additional Pro'ei ct Specific Comments The Engineering Department Checklist will need to be followed, especially with regard to: Site Grading Plan, Drainage and Erosion Control Plan & Excavation Stabilization Plan. Detention was incorrectly calculated. Pre developed for 2 yr and historic for 100yr. H&H must be performed for channel along Red Butte and culvert under driveway. ~(NIibIT D APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: AV- O LLG Location: ~ O REt~ LO o E. S A! l510 dicate street address, lot & block number, le al descri tion where a ro riate ParcelID# LJIRED 2 0130 OIZ REPRESENTATIVE: Name: ---~o t CA AG ' JOS S 1 Address: 20 M S 5 O GO 81Co2 Phone#: 70y, 97$ PROJECT: Name: 1310 - S ~ ' ~ Address: 310 G 'DRI V Phone #: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation j~°1( ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment EXISTING (:ONDITIONS: descri tion of existin buildin ,uses, revious a royals, etc. S/~ E- ~~~ /l.Y - /b ~ TIAL - TO BE ,DC-.MnLl S//-/~J PROPOSAL: descri tion of ro osed buildin s, uses, modifications, etc. lU~.w V,S~t~~i~.Y i;5slpt/~~riAc.. ~ LF_ 8carc.r Have you attached the following? .FEES DuE: $ ^ Pre-Application Conference Summary ^ Attachment #I, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ~ J ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standar~C E I Y E D All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (1VIicrosoft Word Format) must be submitted as part of the application. ~' ~i LG~7 CITY OF ASPEN CCM~UNITY DE'JELDPMENT ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: 1310 F3~ gcrrTE d~2/[/G - Sc~Llr~' -~ Applicant: AV 20 •~DT/.ES Location: JZIp F,A gLrrr.E dziyG Zone District: ,e-30 Lot Size: $~ Ol~j .`~,2 FT Lot Area: 2L,7 ~~_ (for'the purposes of calculating Floor Area, Lot Area may be reoucen for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N ~ Proposed.• 11~/i~ Number of residential units: Existing: I Proposed: 2 Number of bedrooms: Existing: 3 Proposed: 7 Proposed % of demolition (Historic properties only): ~/A DIMENSIONS: Floor Area: Existing: 5 012 Allowable: $, 207 Proposed: S~2os Principal bldg. height: Existing: 22' Allowable: 25' Proposed: 25 ` Access. bldg. height: , Existing:~_Allowable: 2S Proposed: 1~ On-Site parking: Existing: 3 Required: 3 Proposed:~_ Site coverage: Existing: `~~~ Required: i~7es~aE., Proposed: 21 0 Open Space: Existing: q ~ Required: /yo/l7E Proposed: 7Q Front Setback: Existing: 25 =a" Required: 30 ` Proposed.• 3~ ` Rear Setback: 5•. to IS' ~ ,~ Existing•FRer`t'ro.g.Required:Fae-i Ton. Proposed: 2Y-Ib~ Combined F/R: Existing: 30 = 0 ~~ Required: ~{$' Proposed: Sy ~ Ol2`~ Side Setback: i ii r u ~ N Existing: lO - O Required: 10 -O Proposed.• O ^ O Side Setback: Existing: IZ"~`~ Required: ~'~GS~P~cTProposed:Zo' )rEST,?{G7'f.A Combined Sides: Existing.• 2.2 =(o • Required: ~O =0 ° Proposed: 3p` O ° Distance Between Existing N~/bt Required: 0=G`~ Proposed.•t'~Pi Buildings u~T ~'~' Existing non-conformities or encroachments:Pyts~i~v DI~~y ArL~ ~82TY~U OI" I~l~lLDU]G .dPl r.-StTAI~ /5'~O~ Of- TAP O~' 8'd`~- Variations requested: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Aspen Development Amnlication Fees CITY OF ASPEN (hereinafter CITY) and ~ V - 20 ~CALIiS2`J'!F~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 13ia RF-a atrftiE nelu,~ (hereinafter, THE PROJECT). 2. APPLICANT utrderstands and agrees that CiTy of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Lend Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the gize, nature or scope of the proposed pYOject, it is not possible at this time to ascerhain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an hritial deposit and to thereafter pemrit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accme following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additioual payments upon notification by fhe CITY when they are necessary as costs are incuaed. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or preseut sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for_ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings fo CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit, Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be giounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director BYt ~ ~~v` ~ '°`"-"-I GERAt_a w• 5c~i..t~ 1 -t(vNAGE2 Date: OGi, ,2~Ft 200`7 Bill To Mailing Address and Telephone Number: .773 W coplnlAY ~R ~1 `80a /~ousTi:N~ ~ x 77os'7 7 f 3 - ~~ ~- s`ozs