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Home My WebLink Aboutagenda.apz.20080415AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, April 15, 2008 4:30 p.m. -Public Hearing SISTER CITIES, CITY HALL SITE VISIT FOR ASPEN WALK Tuesday, April 15~h at noon Meet at the corner of Park Ave. and Midland Ave. I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. 300 Nicholas (Centennial), GMQS Review, PH -JL (continued from 12/4) B. 404 Park Ave./414 Park Circle (Aspenwalk), Conceptual PUD, Resolution No.~(continued from 4/1) VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN ~A. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Planning Deputy Director FROM: Jason Lasser, Special Projects Planner RE: 300 Nicholas Lane - PUD Amendment, Subdivision, Growth Management Review, Residential Desigu Variances -Resolution No. 32, Series of 2007 MEETING DATE: April 15, 2008 SPECIAL NOTE: Continued from December 4, 2007 the application for 300 Nicholas Lane, commonly known as Centennial, will not be reviewed at this meeting, and has been taken off the agenda indefinitely. The application was continued to give the applicant time for the County to consider modifications to the deed restriction associated with the Centennial PUD. On April 4, 1983 the Board of County Commissioners and World Class Housing, Inc. entered into a Disposition and Development Agreement which established terms for conveyance of the Centennial site and development of the property. The Agreement was amended four times (most recently in 1994). The Disposition Agreement, amendments to the Agreement, and deeds restrict the Centennial land for affordable housing uses until 21 years after the death of the last surviving County Commissioner as the Board was constituted in 1984. In order to develop free market housing on the property, the Board of County Commissioners as the original grantor of the land must agree to modify the deed restriction. The applicant has submitted two separate letters (one initial request and another fulfilling the request for more information) for BOCC consideration. The Board considered the proposal for modifications to the County interest and did not approve the request. The applicant is asking for the Board to review the request again, and to allow the owner (Sam Brown) to present the proposal in person. The applicant will re-notice for a public hearing if the County either releases their interest to the City Council, or modifies the restrictions on free-market use in the deed restriction. MEMORANDUM ~~~ TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Community Development Deputy Directo~ RE: Aspen Walk (404 Park Avenue and 414 Park Circle) -Conceptual Planned Unit Development -Resolution No.l~, Series 2008 -Public Hearin¢ MEETING DATE: April 15, 2008 APPLICANT /OWNER: PFG Aspenwalk, LLC (404 Pazk Avenue) and Aspen Pitkin County Housing Authority (414 Pazk Circle) REPRESENTATIVE: Stan Clauson, Stan Clauson Associates, Inc. LOCATION: Lot 3, Sunny Park Subdivision and Lot 5, Sunny Pazk Subdivision commonly known as 404 Park Avenue and 414 Pazk Circle, respectively. CURRENT ZONING & USE Located in the residential multi-family (R/MF) zone district with a Planned Unit Development (PUD) overlay. 404 Park Ave. contains 17,550 sq. fr. of lot azea while 414 Pazk Circle contains 15,224 sq. fr of lot azea. PROPOSED LAND USE: The Applicant is requesting to develop a residential multi-family building containing at grade and sub-grade parking, twenty-five (25) affordable housing units and fourteen (14) free- market residential housing units for a total of thirty-nine (39) dwelling units. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission require the Applicant to substantially revise the plans prior to continuing to City Council. A site visit is proposed for noon on Tuesday, April 15`h. SUMMARY: The Applicant requests of the Planning and Zoning Commission a recommendation of approval of Conceptual PUD. Page 1 of 11 Photo of 404 Park Circle Photo of 414 Park Avenue LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the Planning and Zoning Commission to redevelop the site: • Conceptual Planned Unit Development (PUD) for the development of a site specific development elan pursuant to Land Use Code Chapter 26.445 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). Conceptual PUD review before the Planning and Zoning Commission is the first step in a four step review process. Once heard by the Commission, the City Council will review the application and recommendations of the Commission at a public hearing. This is the second step of Conceptual PUD review. If approved by City Council, the Applicant may then make an application for Final PUD review before the Planning and Zoning Commission (step three). City Council will then consider the Final PUD application as the fourth and final step in the review. Additional land use approvals necessary for this project, that can be consolidated with the Final PUD application include, amongst others: Grow[h Management Review for the Demolition or Replacement of Multi-family Housing, Growth Management Review for the development of Affordable Housing, and Subdivision Review. PROJECT SUMMARY: The Applicants, PFG Aspenwalk, LLC and the Aspen Pitkin County Housing Authority (APCHA) have requested approval to demolish two existing buildings located at 404 Pazk Avenue (Lot 3, Sunny Park Subdivision) and 414 Pazk Circle (Lot 5, Sunny Park Subdivision). 404 Pazk Avenue is a 17,550 sq. ft. lot that contains fourteen (14) free-market residential multi- family dwelling units in one building. 414 Park Circle is a 15,224 sq. ft. lot containing eleven (11) deed restricted residential multi-family affordable housing units in one building. Combined, both lots contain 32,774 squaze feet and twenty-five (25) dwelling units. The Applicants would like to redevelop the two lots with a new multi-family building containing twenty-five (25) affordable housing and fourteen (14) free mazket residential dwelling units for a total of thirty-nine (39) units. The existing property is located in the Residential Multi-Family (R/MF) zone district with a PUD Overlay. The site is sloped with a distinct upper and lower bench demarcated by an existing retaining wall between the two lots; the new building (some of which is below grade) as shown in Figure 1, is proposed to contain: 1) A completely sub-grade pazking garage for the free-market residential dwelling units. Vehicular access to the property and the garage will be from Park Circle. The gazage will provide thirty parking spaces. 2) The next level is above and below grade (gazden level) and contains four free-market residential units and parking for the affordable housing units. Twenty-four pazking spaces aze provided for the affordable housing units. 3) The third level is above grade on all sides and contains five (5) free market residential dwelling units and eight (8) affordable housing units. Page 2 of 11 4) The fourth level contains five (5) free-mazket residential dwelling units and eight (8) affordable housing units. 5) The fifth level contains nine (9) affordable housing units. Fieure 1: Buildine Section of the Proposal --- - _, ~ x ~~ ~_ _, -___ _ , . -_ _. ~="~ -- -- r -- .. .- ~m ~- . ' - ' e ~" - ~ -f ! i mss - ~ ! ~ "r- " 4 __ i -~ 3 ~; j a ~- ~,. - f _.. I -- - - .._. .._ ; - -,~'v0I?A r 'i 7 7 ~ ,..Y -.e .~., •~y..... ~. i! ~_,. - ~ -.,r~MS ?ECL*~ The proposed dimensional requirements are outlined in Table 1, below. Again the cun•ent development includes eleven (11) affordable housing units and fourteen (14) free-market residential units. The redevelopment would replace the original eleven (11) affordable housing units and provide an additional fourteen (14) new affordable housing units. The redevelopment would also replace the fourteen (14) free-mazket residential units. Table 1, below, outlines the proposed dimensional requirements for the project. The highlighted cells are the proposed standazds that exceed permitted requirements for the underlying zone district. Tohla 1 • ('mm~aricnn of PrnnnceA vc Remiired T)imensinnal Requirements . a ''~ ~ ~ ` ed Dmeu~ie>~~ ~ ~ rlyieg~ 1ti-~tam~ n~«~~ its ;~_', ~ ~?~ ~ '~ si _ _ Minimum Lot 17,550 s . ft. 15,224 s . ft. 6,000 sq. ft. Size 32,774 s . ft. Minimum Lot +/- 91 Feet 60 Feet Width Minimum Lot N/A No requirement for multi-family dwellings Area/Dwellin Minimum Front 5 Feet 5 Feet Yazd Setback Minimum 0 Feet 3.33 Feet Alternative Front (Corner lots are required to provide one front yard Yazd Setback meeting the minimum setback and one at 1/3 the re uired front azd setback) Minimum Side 5 Feet 5 Feet Yazd Setback Page 3 of 11 _^- .-- sue.. -. "~' `" s W ~ .... mire ~ ect Minimum Rear 5 Feet 5 Feet Yazd Setback Maximum Height 43 Feet 32 Feet (for a parcel density equal to or greater than one unit per 1,500 sq. fr. of lot area 32,774/35 =936.4) Floor Area Ratio 1.56:1 or 51,040 sq. ft. 1.25: 1 or 40,968 sq. ft. (FAR) (for a pazcel density equal to or greater than one unit per 1,500 sq. ft. of lot area) Minimum Off- 53 spaces ' Residential -Multi-Family outside Aspen Infill Street Pazking Free-Market Residential (14 Area: Lesser of one space per bedroom or two units : 30 spaces spaces per unit Affordable Housing Free-Market Residential (14 units): 5* Residential (25 unitsl: 24 Affordable Housing Residential (25 units): 29* Notes: * An applicant is allowed to maintain an existing deficit in pazking when a property is redeveloped; however, the proposed redevelopment includes fourteen (14) new affordable housing dwelling units that are required to meet the off-street pazking standards. An in-depth review of the pazking is provided below. Demolition or Replacement of Multi-Family Housing: For approximately twenty-seven years, the City has required a certain amount of affordable housing to be developed when existing free-market multi-family residential dwelling units are demolished. The basis for this requirement was the observation that as existing multi-family units (which had often served as housing for local working residents) were demolished and replaced, the new units no longer housed local working residents. The latest modification to this requirement occurred as result of the moratorium in 2006 and became effective in June of 2007 (Ordinance No. 14, Series of 2007). For afree-market residential multi-family project that is demolished, a developer has two mitigation options. One option is to replace one hundred percent of the units (as well as bedrooms and net livable area) of the previously existing building as Resident Occupied affordable housing; the remaining development on the site may be free-mazket as long as there is no increase in the number of free-market residential units that previously existed. A second option is to replace fifrypercent of the existing units (as well as bedrooms and net livable area) of the previously existing building as Category 4 affordable housing; the remaining development on the site may be free-mazket as long as there is no increase in the number of free-market residential units that previously existed. Additional mitigation is required when the net livable area is increased from what previously existed. When existing affordable housing is demolished, the replacement housing is required to house the same number of employees as were previously housed. Page 4 of 11 Affordable housing units required for mitigation aze required to be provided on the lot where the demolition occurs rather than on a different lot, unless the developer can show that on-site replacement would be an inappropriate solution. For example, in the past three yeazs there have been three developments required to meet this program which has generated eight (8) affordable housing units out of fourteen (14) redeveloped units. The proposal before the Commission is somewhat different in that two lots are proposed to be considered one site and the new affordable housing units provided to satisfy the multi-family replacement requirements (one hundred percent replacement) are situated on the affordable housing lot. Affordable Housing: The proposal presented before the Commission is to demolish the existing eleven (11) affordable housing units at 414 Pazk Circle and replace them as well as add fourteen (14) additional affordable housing units on the site. The additional fourteen (14) units are the required mitigation for the demolition of the existing fourteen (14) free-market units at 404 Pazk Avenue. Overall, the proposed twenty-five (25) units will house 46.25 employees as outlined in Table 2, below. Table 2 Affordable Housine_ F.mnlovees Housed U~t'~'y~ :_ ~ AH Existlag Proposed Proposed . Units )Employees AH Units .Employees . ' - " )k~onsed - 13inused studio 8 10 3 3.75 (8 x 1.25) (3 x 1.25) 1 bedroom 0 0 14 24.5 (14 x 1.75) 2 bedroom 3 6.75 8 18 (3 x 2.25) (8 x 2.25) Totals 11 16.75 25 46.25 Any existing affordable housing is required to be replaced when demolition occurs. The number, size and type of units can be changed; however, at a minimum the same number of employees previously housed is required to be housed in the redevelopment. Table 3 shows that the 16.75 employees previously housed in the eleven (11) affordable housing units by the eight studios and three two-bedroom units will be housed in three studios, one one-bedroom and five two-bedroom units or a total of nine (9) units. The currently existing 5,624 sq. ft. of net livable area will be increased by 677 square feet. The existing affordable housing units aze Category 1, considered "low-income level" in the Employee Housing Guidelines and will be replaced with a mix of Category 2 (lower moderate-income level) and Category 4 (middle-income level) units. Page 5 of 11 Table 3: Relacement Affordable Housine Units for the Existine Affordable Units ~eenient F~ 1+~ Net Livable for Bedrooms fES' g 11 Bous~l AH Unit Provided Units Re lacemenf studio 3 3.75 1,227 3 (3 x 1.25) (3 x 409) 1 bedroom 1 1.75 600 1 (1 x 600) 2 bedroom 5 11.25 4,474 10 (5 x 2.25) 2@850 1 @870 2 952 Totals 9 16.75 6,301 14 Additionally, to demolish, replace, and expand the size of the fourteen (14) free-mazket residential dwelling units, the Applicants are required to replace one hundred percent (100%) of the previously existing free-market residential units, bedrooms and net livable azea as deed restricted affordable housing units (proposed at Categories 2 and 4 rather than Resident Occupied). As submitted, the new affordable housing units will exceed the units (16 vs. 14), and the net livable area (11,501 sq. ft. vs. 9,424 sq. ft.) required to be replaced as mitigation due to the demolition; however, they are not replacing the required number of bedrooms (19 vs. 25 required). Table 4, below, outlines the chazacteristics of the affordable housing units proposed as mitigation for the replacement free-market units while Table 5 summazizes the unit count, bedroom count and net livable area of the free-market residential component of the proposal. Tahle 4~ Required Affordable Housine Mitieation for the Free-Mazket Units Proposed AFl fer Employees Net Livable for Bedrooms for Free-Market Hansed for Free- Free-Market Frea~Market Mitigation Market Mitigation Mitigatl©n Mi ' tion, studio 0 0 0 0 1 bedroom 13 22.75 8,645 13 (13 x 1.75) 3@706 3@704 2@700 1 @604 1 @602 3 603 2 bedroom 3 6.75 2,856 6 (3 x 2.25) 3 952 Totals 16 29.50 11,501 19 Page 6 of 11 Table 5: Free-Market Residential Component Existing EgsEing Existing Proposed Proposed Proposed' Free- No. of Free- Free- No. of ` Free- Market Bedrooms Market Market Bedrooms Market Nef Units Ne# Units Livable Livable Area Area* studio 4 4 ? 0 0 1 bedroom 2 2 ? 2 2 3,998 2 1,999 2 bedroom 6 12 ? 7 14 17,370 1 @2,447 1 @2,490 1 @2,461 2@2,487 2 2,499 3 bedroom 1 3 ? 5 15 12,492 2@2,498 3 2,499 4 bedroom 1 4 ? 0 0 0 Totals 14 25 9,424 14 31 33,860 Notes: "`Onl a total net livable azea was rovided for the existin units. Parkins: With regard to the off-street pazking, following is a table to explain the pazking requirement for the project. As mentioned under "Notes" for Table 1, an existing deficit is allowed to be maintained when a property is redeveloped; however, this deficit is only for the previously existing number of units and any new units aze required to meet the off-street pazking standards unless granted a vaziation in the requirement. In a PUD, the minimum off-street parking requirement can be established as part of the final PUD. The Applicant proposes a parking allowance of .95 Harkins spaces oer affordable housing unit or a total of twenty-four (24) spaces for twenty-five (25) units Table 6 outlines the pazking requirements of the project. Currently, only ten (10) spaces aze provided for the eleven (11) affordable housing units and five (5) spaces for the fourteen (14) free-mazket residential dwelling units. The twenty-five (25) dwelling units redeveloped on the site can maintain the original deficit in their parking and provide only a total of fifteen (15) spaces for the twenty-five (25) units. The additional fourteen (14) affordable housing units in the proposal require nineteen (19) parking spaces or when added to the ten spaces required as part for the redevelopment of the original eleven (11) affordable housing units, a total of twenty-nine (29) spaces. As Table 6 illustrates, the required off-street parking for the affordable housing units is short five (5) parking spaces. Page 7 of 11 Table 6: Off Street Pazkin Re uirements ''~ = _' _ _~'` ~ Affordable 7lIeusag Free Market ~_'_. - Itesideatiat Existing No. of Units 11 14 Development S aces Re uired 14 22 (25 units) S aces Provided 10 5 Deficit -4 -17 Redevelopment No. of Units 11 14 Proposal Spaces Required 10 5 (25 units) (if deficit is (if deficit is maintained) maintained) S aces Provided 10 29 Additional No. of Units 14 0 Development Spaces Re uired 19 NA Proposal (14 units) S aces Provided 14 NA (9 studios/1 Deficit -5 NA bedrooms & 5 - 2 bedrooms) Note: Following is a breakdown of the individual pazking requirements of existing and proposed development: Existing Free-Market Proposed Free-Market Existin¢ Affordable Proposed Affordable Housin Housin 4-studios = 4 spaces 2-1 bedrooms = 2 spaces (~2 bedrooms = 12 spaces 2-1 bedrooms = 2 spaces 3-studios = 3 spaces 1-3 bedroom = 2 spaces 7-2 bedrooms = 14 spaces 8-studios = 8 spaces 14-1 bedrooms =14 spaces 1-4 bedroom = 2 spaces 5-3 bedroom = 10 spaces 3-2 bedrooms = 6 spaces 8-2 bedrooms = 16 spaces 22 s aces 26 s aces 14 s aces 33 s aces STAFF COMMENTS' PLANNED UNIT DEVELOPMENT: Both lots currently have a PUD overlay on them. Any development (or redevelopment) is required to be reviewed and approved prior to development being allowed to commence. The purpose of a PUD, as noted in the Land Use Code "is to encourage flexibility and innovation in the development of land which: A. Promotes the purposes, goals, and objectives of the Aspen Area Community Plan. B. Achieves a more desirable development pattern, a higher quality design and site planning, a greater variety in the type and character of the development, and a greater compatibility with existing and future land uses than would be possible through the strict application of the underlying zone district provisions. C. Preserves natural and man-made features of historic, cultural, or scenic value. D. Promotes more efficient use of land, public facilities, and governmental services. E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity to neighborhood and community goals and objectives." A PUD allows variation in the sites dimensional requirements to encourage flexibility and innovation, but does not allow vaziation in the permitted uses of the site. The Applicants are Page 8 of 11 requesting to vazy the allowable maximum floor area for the site, the maximum height, minimum setbacks and minimum off-street pazking spaces for the affordable housing component of the project. Specifically, the Applicants are requesting the following dimensional standards be approved for the project: 1) An Allowable Floor Area Ratio (FAR) of 1.56:1 or 51,040 sq. ft. of floor area rather than the 1.25 or 40,968 sq. ft. permitted for an increase of 10,072 sq. ft. 2) A Maximum Height of 43 feet rather than 32 feet for a length of twenty-five feet on a portion of the building "to accommodate the access point for the sub grade parking." According to the original application (Exhibit A), the building also varies in height from 30 feet to 32'-1" to 33'-4". 3) A Minimum Setback of zero feet, at this point in time is requested if a land swap with the city does not occur. Additionally, the Applicant will need to either request a zero feet setback along the shazed property line between the two lots to accommodate the new building or through subdivision review, eliminate the common lot line. 4) An Off-Street Pazking minimum for the Affordable Housing component of .95 spaces to one dwelling unit (or a total of twenty-four spaces) to accommodate the proposed parking. The intention of a Conceptual review is to discuss the initial threshold issues relating to a lazge development proposal, and to evaluate the suitability of a development project on a particular parcel of land. The review enables P&Z, Council, Staff, and the Public to review proposed land uses, use mixes, access and infrastructure issues, and other threshold issues at a basic level before a full fledged development proposal is brought forwazd. By identifying the issues at Conceptual Review, the Applicant is able to address them as part of the Final PUD Application when more specificity in unit counts, site design, azchitecture, and other land use issues (such as new zoning, growth management, etc.) are addressed. The Conceptual Review also allows for initial identification of questions and concerns relating to development on any given pazcel. In this case, the Conceptual Review allows P&Z, Council, Staff, and the Public the opportunity to identify threshold issues relating to appropriate mass and scale, the appropriate amount of parking, and give the applicant direction on azchitectural and design characteristics as well as site planning. Lots 3 and 5 within the Sunny Park Subdivision already include a PUD Overlay, so this application would amend the PUD to establish dimensional requirements for this proposal. The dimensional requirements that aze requested to be vazied from the underlying zoning are the Maximum Allowable Floor Area, Maximum Height, Minimum Setback and Minimum Off-Street Pazking as noted previously. Staff is supportive of affordable housing development within Aspen and recognizes the importance and need for it within the community; however, staff also recognizes that the Aspen Area Community Plan notes that "housing should be compatible with the scale and character of 'The Applicant is requesting a 619 sq. ft. land swap with the city to accommodate part of Midland Avenue that is located on 404 Park Avenue (Lot 3). The area the Applicants would gain is located along Park Avenue where the property line is a concave in shape. Page 9 of 11 the community" as well as "preserve and enhance our sense of community" with infill projects. It also states under the Housing section of the AACP that "each potential affordable housing site has an optimum development potential" and "site planning should be driven by the physical character of the land and character of the neighborhood." Finally, "Housing policy should emphasize the development of neighborhoods and community, not just units." Development projects, in particular affordable housing, need to be sensitive to the scale and character of the neighborhood that it is to be located within. Housing needs to be livable, not just developed with a maximum number of units. Although Staff does recognize the mission of the Aspen Pitkin County Housing Authority and the benefit it sees in adding fourteen additional units to their inventory and redeveloping eleven of their units at no cost to the organization, the overall impacts to the neighborhood should not be ignored. Staff does have serious concerns about this PUD proposal. Currently, there is very little off-street parking available in the neighborhood. With each affordable housing unit being provided less than one space per unit, overflow can be expected to impact the existing on-street parking currently available. The scale and massing of the proposed structure does not fit with the context of the neighborhood. Staff believes the requested dimensional variations are not appropriate in the setting of the neighborhood. With the increase in site coverage and density of the project, there will be limited usable yard for the residents. The Applicants, to increase the functionality and usability of the site, should consider additional opportunities for all of the residents to have access to outdoor living (whether from balconies and decks or rooftops). Finally, the architecture proposed (heavy timber with stone) could be in any mountain community and has the feel of a lodge rather than a neighborhood residential project. Aspen's "design history ranges from Victorian to Bauhaus, from 50's "ski instructor" to postmodern, to contemporary." Staff believes that although the neighborhood is somewhat eclectic in its style, the new building should reflect the type of project it is (residential) and develop opportunities to fit better with the surrounding context. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: At this point and time, Staff recommends the Planning and Zoning Commission require that the applicant make substantial revisions to their conceptual plans before returning to the Commission. With this present current configuration, Staff recommends denial of the proposal if no changes are made. Specifically, Staff recommends: • Reducing the floor area of the proposal. • Reducing the mass of the structure by either developing multiple buildings on the site or breaking up the mass of the structure. • Reconsideration the off-street parking provided for the affordable housing units. • Reducing the height of the structure. Page 10 of 11 PROPOSED MOTION: "I move to approve Resolution #~, Series 2008, recommending conceptual approval of a Conceptual Planned Unit Development (PUD) for the Aspen Walk project." ATTACHMENTS: EXHIBIT A -Application (provided previously to the Commission) EXHIBIT B -Review Criteria and Staff Findings EXHBIT C -Development Review Committee Minutes EXHIBIT D -Supplemental Memo EXHBIT E -Supplemental Renderings Page 11 of 11 RESOLUTION N0. I (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR ASPEN WALK, COMMONLY DESCRIBED AS 404 PARK AVENUE AND 414 PARK CIRCLE, LEGALLY DESCRIBED AS LOT 3 AND 5, SUNNY PARK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parce[ ID: 2737-074-04-705 2737-0741-04-701 WHEREAS, the Community Development Department received an application from PFG Aspen Walk, LLC and the Aspen Pitkin County Housing Authority represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Development Plan for a Planned Unit Development (PUD); and, WHEREAS, an application was submitted to consider both lots as one site to be redeveloped with amulti-family structure containing twenty-five (25) affordable housing units and fourteen (14) market rate dwelling units; and WHEREAS, the application requested that the PUD's dimensional standards meet the underlying zone district standards of the Residential Multi-Family (RMF) zone district with the exception of Maximum Height, Maximum Allowable Floor Area, Minimum Setback and Minimum Off-Street Parking; and WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be reviewed by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, during a regular meeting on April 15, 2008, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended City Council approve the Conceptual Planned Unit Development application by a _to L-~ vote, with the findings and conditions listed hereinafter; and, WHEREAS, Conceptual PUD approval, if granted by City Council, shall only grant the ability for the applicant to submit a Final PUD and the proposed development is further subject to Final PUD review as well as additional relevant land use review approval pursuant to the Municipal Code; and, Page 1 of 4 WHEREAS, the Commission finds that the development review standards for Conceptual PUD have been met, as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Conceptual Planned Unit Development for the project known as Aspen Walk, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: The Final PUD application shall reflect and demonstrate compliance with the findings of the Commission, allowing for the development of amulti-family structure containing twenty- five (25) affordable housing units and fourteen (14) market rate units. Additionally, the Final PUD may be submitted with the following dimensional standards as requested in the application: • The Maximum Allowable Floor Area shall be no greater than 51,040 sq. ft. or a Floor Area Ratio of 1.56:1. • The Maximum Allowable Height shall be no greater than 43 feet as outlined in the application. • The Minimum Off-Street Parking standazd for the affordable housing units shall be 24 spaces for the 25 units. • The Minimum Alternative Front Yazd Setback shall be 0 feet as outlined in the application. 2. The Final PUD application shall include: a. An application for Final PUD application and the proposed development is further subject to Final PUD review as well as associated land use review approvals pursuant to the Municipal Code. Apre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions to become requirements of the PUD. Section 2: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Clarification and code compliance on the shared property line, exiting from the basement garage, exiting from the mazket rate units, existing from each story, elevator openings, accessible parking spaces, accessible entries, and the 2003 Efficient Building Program is required. Section 3: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standazds published by the Engineering Department. Resolution of the proposed land swap (approximately 618 sq. ft. of public right of way for a certain amount of private property) shall be resolved prior to Final PUD application. Stone water drainage fees may be applicable to this development proposal. Page 2 of 4 Section 4: Affordable Housine Conceptual Design unit count appeazs correct based on the requirements of the Land Use Code. 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). Sectiou 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. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regazd to asbestos. Additionally, code requirements to be awaze 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 Li~htina 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: School Lands Dedication and Imaact Fees The Applicant shall pay all impact fees and the school lands dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 11: Parks A formal vegetation protection plan shall be required with building permit application. Final layout of the plantings within the public right-of--way require Park Department approval and shall meet the comments from the Parks Department during the Development Review Committee meeting. Section 12: 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 13: 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 Page 3 of 4 deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on April, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Page 4 of 4 EXHIBIT B Chapter 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria conceptual, final, coasolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standazds and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standazds and procedures of this Chapter and this Title. A. Genera[ requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff believes that a number of the goals in the Aspen Area Community Plan are met, but that the Applicant does not go far enough in meeting some elements of the AACP. The proposed development contributes to the overall goals of the comprehensive plan by locating development within the Urban Growth Boundary, improves transit options by installing sidewalks, is located neaz public transit, and adds affordable housing units to the City's inventory; however, a deeper review of the AACP notes a philosophy that, at this time, the project does not achieve. Development of Affordable Housing is an important component of the AACP and is contained within its own focus section within the AACP. In addition to Housing, a number of other topics: Managing Growth; Transportation; Economic Sustainability; Parks, Open Space & the Environment; Historic Preservation; Design Quality; and Arts, Culture and Education aze highlighted by their own focus sections. Under the Housing section, the intent is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods....and respects our overall community concerns, as expressed in the Aspen Area Community Plan." Further in the Housing section, the Philosophy part of the section notes that "Each project should endeavor to further that mix (of income ranges and types of people) and to avoid segregation of economic and social classes by project." The sub-section also emphasizes that "housing should be compatible with the scale and chazacter of the community..." as well as "preserve and enhance our sense of community" with regard to infill projects. Finally, the Housing section of the AACP notes that "each potential affordable housing site has an optimum development potential" and "site planning should be driven by the physical chazacter of the land and chazacter of the neighborhood." Exhibit B -PUD Review Criteria Page 1 of 11 The Applicant is providing 100% of the required Affordable Housing fot the demolition and replacement of the existing fourteen free-market residential units (with the exception of the required bedroom count), which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP; however, the scale of the proposed project is out of context with the neighborhood. Overall, Staff does not find this guideline to be met. 2. The proposed development shall be consistent with the character of existing [and uses in the surrounding area. The proposed development is out of scale with the character of the azea. The neighborhood consists of a variety of single-family and multi-family homes, and while the proposal is for multi-family units, the monolithic scale of the project (since the lots aze combined) is not in character with the neighborhood. This neighborhood is comprised of lots that have individual structures on them which do not tend to overwhelm the neighborhood. Staff does not find this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff believes that this development will not adversely affect the future development of the azea. Staff finds this criterion to be met. 4. The proposed development has either been granted CMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Not Applicable. The Applicant will be required to make a Growth Management Application as part of the Final PUD. Under the current proposal, the application will require growth management approval for the demolition of the existing multi-family dwelling units and the development of affordable housing. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The PUD development plans establish dimensional requirements for all properties in a PUD. The proposed dimensional requirements aze listed below: Exhibit B -PUD Review Criteria Page 2 of 11 +; ~^S4 ~. R v }x y s`~~~,y., ~ ~ ~ ~ Y x ,} } _- v , _ - x x_ - _ __~ ... =r ~xn' _ ...u. ~ .. _ Minimum Lot 17,550 sq. ft. 15,224 s . ft. 6,000 sq. ft. Size 32,774 sq. ft. Minimum Lot +/- 91 Feet 60 Feet Width Minimum Lot N/A No requirement for multi-family dwellings Area/Dwellin Minimum Front 5 Feet 5 Feet Yard Setback Minimum 0 Feet 3.33 Feet Alternative Front (Corner lots aze required to provide one front yard Yard Setback meeting the minimum setback and one at 1/3 the re uired front azd setback) Minimum Side 5 Feet 5 Feet Yard Setback Minimttm Reaz 5 Feet 5 Feet Yazd Setback Maximum Height 43 Feet 32 Feet (for a pazcel density equal to or greater than one unit per 1,500 sq. ft. of lot area 32,774/35 =936.4) Floor Area Ratio 1.56:1 or 51,040 sq. ft. 1.25: 1 or 40,968 sq. ft. (FAR) (for a pazcel density equal to of greater than one unit per 1,500 sq. ft, of lot azea) Minimum Off- 53 spaces Residential -Multi-Family outside Asnen Infill Street Parking Free-Market Residential (14 Area: Lesser of one space per bedroom or two units 30 spaces spaces per unit Affordable Housing Free-Market Residential (14 units): 5* Residential (25 units; 24 Affordable Housing Residential (25 units): 29* s aces Notes: * An applicant is allowed to maintain an existing deficit in pazking when a property is redeveloped; however, the proposed redevelopment includes fourteen (14) new affordable housing dwelling units that are required to meet the off-street pazking standards. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The existing property has minimal set back requirements from the property lines. A five (5) foot setback is required and should be maintained. These aze minimal setbacks for the existing development pattern. The height variation is Exhibit B - PUD Review Criteria Page 3 of 11 substantial for an area comprised of mostly 1.5 to 2.5 story buildings. The increase in floor area requested appeazs to be out of scale with the surrounding existing development. Finally, the deficit in pazking, as outlined in the memo, will add to an already congested neighborhood. b. Natural or man-made hazards. No known hazards exist on the lot. Staff finds this criterion to be met. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and [andforms. Most of the development proposed is within areas of the site that have already been impacted by development. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff recognizes that there is limited existing on-street parking in the neighborhood. Staff believes that under-parking the affordable housing component of the project will intensify the on-street parking issues as spillover will occur. Staff does not find this criterion met at this time. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PlID and of the surrounding area. Limited undeveloped space is currently proposed on-site. Staff recommends the Applicant look at ways to opportunities for open space. Further, Staff encourages the Applicant to examine different site planning techniques to break up the mass and height of the building. Staff does not find this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential [and uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. Exhibit B - PUD Review Criteria Page 4 of 11 d The proximity of the proposed development to the commercial core and general activity centers in the city. Staff recognizes that there aze currently off-street parking constraints in the neighborhood. Although transit and walking is an option, pazking of vehicles needs to be realistically accommodated. Staff does not believe that the current amount of parking for the affordable housing component is enough. Staff does not support the current pazking proposal. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed developmenti Adequate public facilities exist and will be upgraded at the owner's expense. Staff finds this criterion to be not applicable. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density oja PUD may be reduced if.• a. The [and is not suitable for the proposed development because of ground instability or the possibility ojmudllow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. At this time, Staff does not find that and significant natural hazazds on the site that would necessitate a density reduction. For the most part, the proposed development is located in azeas of the site that currently contains development. Staff does not believe the proposal will involve a pernicious impact on the site's natural watershed. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Exhibit B -PUD Review Criteria Page 5 of 1 I a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigateri c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. While the Applicant proposes establishing the FAR for the project, no increase in the maximum density is proposed. Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with thefo[lowing: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. There are no significant natural or manmade features on the site. Staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. The two sites aze currently proposed to be redeveloped as one and the development would increase footprint on the ground; however there aze no significant view planes, or open spaces adjacent to the property that should be considered as part of the redevelopment. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Exhibit B -PUD Review Criteria Page 6 of 11 The proposed building is generally oriented towards the public streets. The building provides a number of decks along the street to contribute towards visual interest; however, entries are somewhat discreet and could be developed to create a greater street presence. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. The City of Aspen Fire Marshal has reviewed the proposal, and has noted that additional detailed drawings will be required to show fire department access to the lower pazking areas. Further, all structures will be required to include fire sprinkler systems, and fire alarm systems. Staff finds this criterion to be met at a conceptual level. 5. Adequate pedestrian and handicapped access is provided. According to the Application, the project will comply with all applicable requirements. This has been included as a condition in the Resolution. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. According to a letter submitted by the Applicant's engineer, site drainage will be handled with some drainage improvements (drywells) to maintain historic runoff. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff finds this criterion to not be applicable. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The Applicant provided a draft landscaping plan as part of the original Conceptual application. An updated version will be provided as part of the Final PUD Application. 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. The Applicant has provided some conceptual landscaping on the site plan in the original application and with some of the perspectives. A number of new plantings Exhibit B -PUD Review Criteria Page 7 of l I are proposed. A final landscape plan will be submitted as part of the Final PUD application, which will ensure landscaping is consistent with adjacent land. Staff finds this criterion to be met. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. There are no significant and man-made features that require preservation. Staff finds this criterion to not be applicable. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. The Applicant will provide a final landscape plan in with the Final PUD. This will ensure existing landscaping is preserved or mitigated for if it is to be removed. Staff finds this criterion to be met. E. Architectural Character. I. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. The architecture proposed (heavy timber with stone) could be in any mountain community and has the feel of a lodge rather than a neighborhood residential project. Aspen's "design history ranges from Victorian to Bauhaus, from 50's "ski instructor" to postmodern, to contemporary." Staff believes the azchitecture should reflect the type of project it is (residential) and opportunities to fit better with the surrounding context. Staff believes the architecture should go further in relating to the residential feel of the neighborhood. Staff finds this criterion is not met. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less-intensive mechanical systems. The proposed site plan utilizes photovoltaic power but additional information on natural heating and cooling is not discussed. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. The Applicant must submit a detailed plan for snow removal and storage as part of the final application. Staff finds this criterion to not be addressed in the application but will be required to be addressed at final application. F. Lighting. Exhibit B -PUD Review Criteria Page 8 of 11 The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. Al[ exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to cal[ inordinate attention to the property is prohibited for residential development. The PUD will comply with all lighting regulations in place. Amore detailed plan will be provided as part of the Final PUD. G. Common Park, Open Space, or Recreation Area. Ijthe proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in al[ common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. There are no common spaces proposed as part of this application. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The Water, Sanitation, and Electric Departments reviewed this application and determined there is adequate service for this development. This will be addressed in greater detail at Final PUD. Exhibit B -PUD Review Criteria Page 9 of 11 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. At this time no adverse impacts are anticipated. This will be addressed in greater detail at Final PUD. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. This criterion will be addressed at Final PUD when a finalized site plan and associated materials are available for City Departments to review. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff believes that all structures and uses have appropriate access to a public street. The application proposes to install sidewalks along the property. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create trafftc congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff believes the level of parking for the provided for the affordable housing will create overflow into the surrounding neighborhoods. Staff does find this criterion met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development will not require any trail easements. Staff finds this criterion to be met. Exhibit B -PUD Review Criteria Page 10 of 11 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The Applicant has agreed to provide sidewalks along the property but there are no specific trails or paths that are required. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. There are no gates or guard posts proposed as part of this PUD. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. No phasing is proposed as part of this development. Exhibit B -PUD Review Criteria Page 11 of 1 I ~C~1$lT ~ DRC Comments Parks Department 2/6/08 Project: Aspen Walk 1) Parks requires a detailed landscape plan for review and approval prior to submittal of the building permits. The landscape plan should include: An approved tree permit. Please contact the City Forester at 920-5120. The landscape plan should detail the mitigation for tree removal with locations and legends for the newly planted trees. Details for landscaping in the public right of way. 1. Will be subject to landscaping in the ROW requirements. 2. The street tree planting species will be grouped into three groups. Green Ash (Summit or Marshall Seedless) in front of the affordable housing unit along Park Circle and in front of the free market-housing unit along Park Ave. Hackberry in front of the free market-housing unit along Park Circle. All trees shall be evenly spaced a within the group at a minimum of 15 to 18 feet on center. 3. ROW requirements require adequate irrigation pressure and coverage, and improvements to the soil profiles of the ROW, which will require amending the cun•ent soils to improve air and water filtration, increasing longevity of the new plantings. 4. The parkway-planting strip should be a minimum of a 5-foot strip located between the back of curb and edge of sidewalk. DRC REVIEW 2/06/08 Aspen Walk 1. I would like to see a clear representation of height. Starting a roof over a topo map. Height sold be marked at each gable showing ground elevation, roof elevations and difference. The spots on roof map should correlate to elevation drawings showing the same. I did not find it crystal clear that a variance was required for all areas. 2. Proposed number of bedrooms was not presented. Need the "Category" of each bedroom noted on the plan. Will need net livable and total FAR. 3. Lot line between lot 3 & 5 needs setback variance or lots merged. 4. Parking based on the lesser of one space per bedroom or 2 per unit. This was not spelled out. 5. Show all math including use of credits for all impact fees. School land fee looked low. Current market value will be required. Jennifer Phelan From: Denis Murray Sent: Wednesday, February 13, 2008 4:46 PM To: Jennifer Phelan Subject: RE: written comments on Aspenwalk Aspen Walk 1) Will the property line adjustment be rearranged prior to permit submission? 2) We have questions about the exiting from lower level FM parking garage. 3) We have questions about the exiting from the FM units. 4) We have questions about the number of required exits from each story. 5) Exits must lead to the public way. 6) Elevators are not permitted to open into exit passageways. 7) Plan does not include required Van accessible parking spaces. 8) Plan does not include required accessible primary entrances. 9) Plans for the Employee units have vertical exit enclosures that lead to the middle of parking spaces. 10) The employee housing component will be required to meet the 2003 Efficient Building Program for PFAH From: Jennifer Phelan Sent: Wednesday, February 06, 2008 2:52 PM To: Development_Review_Committee Subject: written comments on Aspenwalk Thanks for those of you who participated on today's dre. Comments need to be sent (digital please) to me by February 15~n JeHwu./er ~heian., Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenpitkin.com ACSD Requirements- Aspenwalk - 404/414 Park Circle 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 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 The old service lines (3) must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements, before any and all soil stabilization measures are attempted and prior to ACSD releasing any and all permits. 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 a building 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 area of concern in order to fund the improvements needed. 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. Jennifer Phelan From: Ed Van Walraven Sent: Tuesday, February 12, 2008 3:23 PM To: Jennifer Phelan Cc: Denis Murray Subject: RE: written comments on Aspenwalk Hi Jennifer, Here are my comments from the DRC meeting. Fire sprinkler system shall be provided and installed according to NFPA 13. Fire alarm system shall be provided and installed according to NFPA 72 and local amendments. A detailed drawing that depicts fire department access to the lower level parking areas is also required. Please call me if you have any comments or concerns. Thanks, Ed Ed Van Walraven Fire Marshal Aspen Fire Protection District 420 East Hopkins Avenue Aspen, CO 81611 970-925-2690 Office 970-920-4451 Fax From: Jennifer Phelan Sent: Wednesday, February 06, 2008 2:52 PM To: Development_Review_Committee Subject: written comments on Aspenwalk Thanks for those of you who participated on today's dre. Comments need to be sent (digital please) to me by February 15th. Jere-ufer ~h,eia-v~ Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenoitkin.com i t. ~~ ~t~~.,. -~~ ~~ :~ ~a ~ 'l STAN CLAUSON ASSOCIATES iNc ~~~~. landscape architec[u re. planning. resort design ~~'. 4 ~ ~. v , ~`~.. ~ qtz North Mill Street Aspen, Colorado 8t6n [. 97o/9z5-z3z3 r~97o/9zo-t6z8 ~, ~ ~. info C~scaplanning.com wwwscaplanning.rom ~~ . ~, ~, To: Planning & Zoning Commission Members 15 April 2008 Re: Responses to Staff Memorandum regarding the Aspen Walk Project Project Summary (page 2): Certain aspects of the project summary may be misleading in that it suggests that the overall structure is five stories high. The overall building takes advantage of the benched site by stepping down with the terrain. The structure is never more than three stories above grade. A small height variance is requested where the subgrade level is partially exposed to allow for entry into the underground garage. The sub-grade parking facility serves both the affordable and free-market residential dwelling units, not just the free-market units, as suggested in the staff summary. Table 1: Comparison of Proposed vs. Required Dimensional Requiremenh (pages 3 and 4): Alternative Front Yard Setback: It is noted that there is a minimum alternative Front Yard Setback requirement of 3.33 feet for the second narrower frontage on Park Avenue. The application requests a zero lot line setback at this time. It should also be noted that this nanower second frontage on Park Avenue contains some significant anomalies. The property line along this frontage is unusually configured with a circular intrusion into the southwest corner of the lot, which we believe was once intended as right-of-way for a cul-de-sac that no longer exists. On the southeast corner, the existing pavement of Park Avenue encroaches on the property of the applicant and is not contained within the right of way. The applicant has requested an exchange of property with the City of Aspen that would provide an appropriate right-of-way for the existing roadway and eliminate the circular intrusion. If this exchange is granted, Park Avenue would be properly positioned within the right-of-way and no variance would be required for the alternative Front Yard Setback. Maximum Height: It should be noted that the maximum height of the building conforms to the 32-foot height requirement, with the very minor exception of where a portion of the subgrade area has been revealed to permit entry into the sub-grade parking facility. This is a very minor anomaly that is well- compensated by the provision of a substantial number of sub-grade parking spaces. ~1 I ~_._ __ >~ ;`'~. ~, A ,\`` ~ *. e `~~, Planning & Zoning Commission Members 15 April 2008 Page 2 of 5 Floor Area Ratio: The correct floor area ratio for the project is approximately 1.50:1, as opposed to the 1.56:1 shown here. At the conceptual design level, it is very difficult to provide an exact floor area (or floor area ratio) because of changes that may be required during the design development process. The final floor area ratio may be somewhat less than the 1.50:1 we are cunently showing. Moreover, the RMF zone district does provide for an allowable 1:50:1 floor area ratio for a slightly denser development. In this particular instance, we are three units short of the density that would permit the 1.50:1 floor area ratio as a matter of right. It was our belief that the density as proposed is more appropriate to the site design than a denser project that would be permitted under the RMF zoning. Minimum Off-Sfreef Parking: The existing parking deficit for the iwo properties is significant. Moreover, because the existing site does not provide for adequate on-site snow storage, the deficit is exacerbated during the winter season. Currently, there are approximately 15 parking spaces provided on both properties for the existing units. Under the code, there would be 36 required spaces. This proposal provides an entire sub-grade level of parking at considerable expense that improves the parking situation by providing 53 parking spaces, enough to ensure that every unit has one dedicated parking space and that there are additional spaces available for guest parking and free market units. Moreover, this parking is subgrade and will provide significant aesthetic benefits to the neighborhood, while not being impacted by the issue of snow storage in the wintertime. Demolition or Replacement ofMulti-Family Housing (page 4): The staff memo notes that the requirement for replacement of multi-family housing typically serving local working residents has had a long (and in the past, somewhat controversial) history. For many years, what was known as Ordinance 1 or the Multi-Family Housing Replacement Ordinance required that local-serving free-market housing be replaced with 50% of the units, bedrooms, and floor area in a reconstructed project. This was a fairly attainable goal in most projects, and a number of redevelopments occurred under the 50% replacement requirement. What the staff memo does not say is that Ordinance 14 of 2007 upped the requirement to 100% replacement or a very significant cash-in-lieu payment. The 100% replacement requirement is a significant stretch from the former 50% replacement requirement, and certainly implies more density and floor area would be incorporated on a redevelopment site. This is the first project to come forward under the 100% replacement requirement. It is worth considering for a moment the history of this joint venture project with the Aspen Pitkin Housing Authority (APCHA). The initial redevelopment concept was for the 404 Park Avenue property, containing 14 units. The code at the time required 50% replacement as affordable housing and allowed the redevelopment of the 14 free market units. So, we were at 21 units. Our office identified the long-standing issues and need for replacement of the 414 Park ~, °n~ .~ -~ lf~ ~`~ `~ ~ ,~.~; ,. , ~~`~~., ~ ~" ~ ~; Planning & Zoning Commission Members 15 April 2008 Page 3 of 5 Circle affordable housing structure owned by APCHA. The developer proposed a joint venture to APCHA for the replacement of their 11 units in the 414 Park Circle building, which after considerable negotiating was accepted. APCHA naturally wanted to see some additional increment of affordable housing units as part of the redevelopment and argued that the joint venture development should contain four more units than the 18 affordable housing units that would have been required for replacement. So, at this point we were looking at a project that would contain 22 affordable units and 14 free market units. Hardly had we concluded our agreement with APCHA, than the project fell under an extended 18-month moratorium. At the end of the moratorium, a number of code changes were passed, including Ordinance 14, 2007, which increased the multi-family replacement to 100%. We revised our pre- application at the direction of City staff to include the 100% replacement, which now brought the affordable housing count to 25 units, making the overall project a total of 39 units. Note that in all of this the free-market unit count did not increase; the only increase was in affordable housing units as required by code. It should also be noted that the free-market units are not over-sized. In accordance with other code provisions passed following the moratorium, the free-market units are limited in size to 2,500 s.f., a further restriction with which this project complies. With the increase in affordable housing units and reduction in the size of the free-market units, the entire project went into re- design, resulting in the conceptual application you have before you. The densities and amount of development required by the current code is do- able, but it needs to be understood that it cannot at the same time be accommodated in what appears to be a minimal development of the property. It is not possible to have it both ways. So the current comments in the staff reflect some lack of understanding of the increased code requirements that emerged from the moratorium and of the realities of creating a structure that provides so much community benefit in terms of additional affordable housing, increased parking that is on on-grade, and overall aesthetic improvements to structures and streetscape. Affordable Housing (pages 5-7): The affordable housing analysis provided in the staff memo is quite complex and may be somewhat confusing. The discussion above should help to clarify how the affordable housing count was arrived at. It is the intention of this application to meet the requirement of Ordinance 14, 2007, which requires 100% replacement of the originally local serving multi-family units, bedrooms, and floor area. Additionally, we will be replacing the eleven units currently at 414 Park Circle. All affordable housing is carefully reviewed at Final PUD approval by the APCHA staff and must meet the requirements of the land use code, as well as minimum standards imposed by the APCHA Housing Guidelines. We believe that the project currently meets all requirements for Conceptual Approval. Within the proposed project, if there is some minor issue with respect to any of these parameters, it can certainly be resolved as a matter of final design. ~ a ~~,' Planning & Zoning Commission Members :~~ f ~~~ 15 April 2008 Page 4 of 5 ~ ' .~ ~ ~ Parking (Pages 7-8): ~s "~,'~ ~ Again, the tables and analysis presented may be overly complicated. There is r ,_ currently a significant deficit on the two sites. The code provides that this deficit may be maintained. However, it will be significantly alleviated with the provision of 53 parking spaces, sufficient to provide one space for each of the 39 residential units. This will be a considerable improvement of the current condition, and will moreover be housed in an underground facility that will improve neighborhood aesthetics and not be impacted by winter conditions. Staff Commenh (pages 8-10): This memo has already provided corrections and additional background information for the four dimensional standards identified on page 9 of the staff memo. Specifically: 1) The actual floor area requested is approximately 1.50:1 (not 1.56:1 as shown) and would be a permitted floor area ratio for an even denser development allowable in this zone district; 2) The height of the building conforms to 32 feet except for a very small area where the grade is reduced to permit entry to the sub-grade garage; 3) The land swap requested of the City would permit the existing Park Avenue roadway to be on City property rather than the applicant's, and eliminate the need fora 3.3-foot setback variance; and 4) Off-street parking is provided for every residential unit, with substantial additional parking to be allocated to guests. We appreciate the staff comments with respect to the intention of Conceptual Review and believe that this project meets all the requirements for this level of review. Staff comments with respect to the nature of the neighborhood are, however, a matter of concern. The dimensional variances described above are quite minimal and certainly not inconsistent with the neighborhood, which contain quite a variety of structures and dimensional anomalies already. The density of the development as prescribed by the land use code cannot create a living situation similar to the Burlingame development. It is not intended to accomplish this and the land use code does not support it. The living situation for the proposed development does, however, represent a considerable enhancement over the current condition of the residences on the site. It is also quite consistent with existing densities in the neighborhood and nearby affordable housing projects, such as Centennial, that have provided significant opportunities for working local residents. The applicants will be pleased to review the project architecture with the Planning & Zoning Commission, and Zook forward to receiving ideas that may improve the project. However, it needs to be stated from the outset that the staff recommendations to reduce the floor area, provide multiple buildings, or reduce the height have little basis in the requirements actually generated by the current land use code and would be impossible to achieve in the context of compliance with the 100% multi-family replacement requirements. We find ~D ,\~: 4, ~. Planning & Zoning Commission Members 15 April 2008 Page 5 of 5 staff comments to be overly-critical in the context of a joint venture with the Housing Office that has been in process for so long and has required significant effort to bring to the level of review. Very truly s, -~ an Clawson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. ? 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