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HomeMy WebLinkAboutagenda.apz.20090721AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, July 21, 2008 5:00 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. Red Butte Cemetery, PUD B. 434 E. Cooper (Bidwell Building) Commercial Design Referral VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 11 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Drew Alexander, Planner Technician RE: Red Butte Cemetery (808 Cemetery Lane) -Conditional Use Review, Consolidated PUD Review, and Growth Management Review for Essential Public Facilities -Resolution No. , Series 2009 -Public Hearing MEETING DATE: July 21'`, 2009 LICANT /OWNER: Butte Cemetery Association Richman Planning Services T[ON: ns 1 and 12, Township 10 South, 85 West of 6`" P.M., City and site of Aspen, 808 Cemetery Lane URRENT ZONING c4L USE ~cated in the Park (P) zone district with a storic overlay. POSED LAND USE: creation of a PUD overlay that would n the original land use and underlying district of Park (P). IMARY: Applicant requests of the Planning and ng Commission and City Council oval of Consolidated PUD Review, Jitional Use Review, and a Growth ement Review request: Essential Facilities STAFF RECOMMENDATION: Staff recommends approval of the site specific development plan with conditions. Photo of the subject location LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals or recommendation of approval from the Planning and Zoning Commission (hereinafter P&Z) and City Council: • Conditional Use Review for a maintenance building in the Park (P) zone district, pursuant to Land Use Code Section 26.425 (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). Additionally, the following land use requests will be reviewed and acted upon by City Council. • Consolidated PUD Review pursuant to Land Use Code Section 26.445.030.B.2. This is a two-step process (City Council is the final review authority afl±er considering all recommendations by the Planning and Zoning Commission). • Amendment to the Official Zone District_ Map for the purpose of establishing a PUD, pursuant to Land Use Code Section 26.310 This is a two-step process (City Council is the final review authority after considering all recommendations by the Planning and Zoning Commission). • Growth Management Review for Essential Public Facilities pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority after considering all recommendations by the Planning and Zoning Commission). BACKGROUND: The Red Butte Cemetery was founded at the turn of the century, primarily under the guidance of several lodges in Aspen, including the Masons, Woodmen of the World, Elks, Swedish Lodge, and the Columbine Circle. These groups joined to purchase 17 acres of land from a Mr. Henry Wurtz to create the cemetery. The Eagles, another lodge, also joined the group at a later date. The layout of the Red Butte Cemetery is considerably different from other cemeteries in town, such as the Aspen Grove and Ute cemeteries. The arched iron entryway leads to a series of broad walks and gravel drives (running east/west and north south) that create a well organized grid of burial plots. Many of the founding lodges have sections of the cemetery dedicated to their members and many prominent citizens of Aspen's past have been placed in the cemetery. One of the prominent features of the cemetery is the cottonwood trees that line the broad walks and drives on the southern portion Figure 1: Cottonwoods lining the cemetery walks -2- of the cemetery ground. To the north, beyond the existing plots, the cemetery turns into sage meadow. The cemetery is bound on the east by a slope that leads to Castle Creek. As it exists today, The Red Butte Cemetery Association is still anon-profit volunteer organization and is no longer associated with any of the founding lodges. However, the Elks and Eagles lodges still hold plots in the cemetery for their members and recently the Jewish community has been working with the association for dedicated plots. Currently, there is only one employee for the cemetery that works on a part-time basis and many of the Red Butte Cemetery associates and volunteers have family members in the cemetery.l It has been the long-time goal of the Red Butte Cemetery Association to stay dedicated to the upkeep of the property and to avoid the need for government funding. The association feels the proposed project will provide the appropriate facilities to achieve these goals. PROJECT SUMMARY: The Applicant, Red Butte Cemetery Association, has requested approval to construct a permanent 1,280 sq. ft. (40' x 32') maintenance facility. The maintenance facility would act as a work yard and storage structure for the vehicles and equipment the cemetery requires for regular maintenance, including apick-up truck, skid loader, four-wheeler and trailer, large riding mower, motorized weed eaters, and various other hand tools. This new maintenance facility would consolidate the cemetery maintenance functions to one location in the area of the current temporary fabric storage shed. This maintenance area would also include cribs that would store the spoils piles from the excavation of burial plots at the cemetery. These cribs will be excavated below grade and shielded to limit visibility of the spoils piles which are currently visible from the surrounding neighborhoods. M`~ '~` 1 ~_~ `~\ ` --~5 s tires. ~ .;~ _ ~_ `~ _ _ ~. i ~ h I•. ~~ +e u ~ ll `\\. ~ ', C a..y sue. •s! .' •~ ~ i 1 i. i 1 ~ i- + / ~ _ r lip ~ ~ l / wn .saro ~~ ~ . . ` ` / / ~ ~ ~~ ~..... ,. Figure 2: Proposed layout of development (spoils cribs are highlighted yellow) ~ Sidhu, Vinita. Report on the Conditions of the Cemeteries of the City of Aspen with Recommendations for Improvements. City of Aspen, Community Development Department. 1996 -3- -t Table 1: Proposed Dimensional Requirements for PUD: Requirement Proposed Conditions Minimum Lot Size Approximately 16.8 acres Minimum Lot Area Per Dwelling Unit Not applicable Minimum Lot Width Approximately 545 feet Minimum Front Yard Approximately 15' (Victorian Cabin) Minimum Side Yard As shown on site plan Minimum Rear Yard Approximately 175 feet Maximum Height Approximately 18' to peak of roof Minimum Distance Between Buildings on the Lot Not applicable Minimum Percent of Open Space In excess of 95% of the site Maximum External Floor Area Ratio Proposed building is 1,280 sq. ft. ~` Dimensional requirements could be memorialized through site plan and elevations "I'he Applicant is also proposing to restore the Victorian-era cabin =;,. (approximately 216 sq. ft.) and '' . ~. outhouse (approximately 50 sq. ft.) ~~; that exist on the southeast corner of ~'~~`'' the site. The Applicant wishes to °~ ~'`.~ , ~,. a,. gently restore the exterior of these °~ ~-~ structures and do a complete ~' ~` ~ , ; ,, - ~' renovation of the interior of the ~` 1 °>w'ti ` cabin. Electrical service, insulation. ~ , - ., `~' ~ <.`. and drywall would all be added to the ~' ~ _ ' ~ i ~k~ cabin. This renovation is intended tc~ ~~- improve the functionality of the y ~~ cabin operating as a meeting place Figure 3 Victorian-era Cabin between users of the cemetery and the property manager. This renovation has been approved by HPC under Major Development Review (Conceptual). During the initial HPC review for Major Development (conceptual) the Applicant proposed a significantly different program. The applicant originally proposed constructing a 3,000 square foot facility that also included a two bedroom employee housing unit. The employee housing unit would have been located directly adjacent to where the maintenance facility is located in the current proposal. Throughout the public hearing process, the employee housing element was subject to considerable debate from the surrounding neighbors. It was believed that having residents in the cemetery would considerably change the character of the property. In response to this issue, the Applicant withdrew the employee housing element from the application and amended the proposed development to a maintenance-only facility. -4- This application requires several different approvals from P&Z and City Council: 1. The Conditional Use approval is required to allow the development of the maintenance building. In the Park (P) zone district, a maintenance building is permitted conditionally, rather than by right. 2. The requirement for the PUD establishment follows those regulations found within Land Use Code Section 26.710.240.D, Park (P) Zone District Dimensional Requirements: The dimensional requirements which shall apply to all permitted and conditional uses in the Park (P) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.445, Planned Unit Development. Essentially, any development in the Park (P) zone district, in this case the addition of a permanent maintenance building, is required to be memorialized through the PUD process. 3. Finally, an Amendment to the Official Zone District map is required based upon the establishment of the PUD overlay. In order to memorialize the site specific development being approved through the PUD review, the property will be designated with a PUD overlay, necessitating the amendment to the Official Zone District Map. 4. Growth Management Review for an Essential Public Facility is being pursued based upon the provision in the Growth Management Quota System and Definition sections of the Land Use Code. Definition: Essential Public Facility: A facility which serves an essential public purpose is available for use by or benefit of, the general public and serves the needs of the community. AlI development is reviewed through the growth management process, and City Council provides final review for an Essential Public Facility and has the ability, based upon the recommendation from the Planning and Zoning Commission, to require or waive affordable housing. STAFF COMMENTS' CONDITIONAL USE REVIEW: The Applicant is requesting approval for Conditional Use Review pursuant to Land Use Code Section 26.425. This review is necessary due to the description of Conditional Use per the Park (P) zone district. A Park Maintenance Facility is a listed Conditional Use in this zone and meets the definition described within Land Use Code Section 26.104.100, Definitions: Park maintenance building.' A building used in conjunction with the operation or maintenance of a park, including, but not limited to, the storage and repair of park vehicles and equipment, and offices for park personnel. 5- In reviewing the Conditional Use Review portion of the application, Staff believes that the proposal does meet the applicable standards established in the Land Use Code Section 26.425.040 being that the proposed maintenance facility is supportive, secondary and subordinate to the principal use of the parcel. The Applicant has clarifted how the proposed development is consistent with the applicable standards and staff recommends approval of the conditional use request. CONSOLIDATED PUD REVIEW: The Applicant is requesting approval for Consolidated PUD Review pursuant to Land Use Code Section 26.445.030(B)(2). This allows the Applicant to receive Conceptual and Final approval from the Planning and Zoning Commission and City Council in a two-step review procedure. The Review Standards pursuant to Section 26.445.050 include, but aze not limited to, the establishment of dimensional requirements, site design, landscape plan, azchitectural character and lighting have all been provided by the Applicant. Staff finds that the Application meets the standazds of PUD review. It should also be noted that under General Requirements it is stated the proposed development shall be consistent with the Aspen Area Community Plan. In reviewing the Consolidated PUD Review portion of the application, Staff believes that the proposal does meet the applicable standards established in Land Use Code Section 26.445.OSO.with certain conditions. The Applicant has clarified how the proposed development is consistent with the Aspen Area Community Plan goals to: (1) PRESERVE AND ENHANCE OUR HISTORIC RESOURCES; and (2) PROVIDE MAINTENANCE TO PROTECT AND ENHANCE THE QUALITY OF OUR PARKS AND OPEN SPACES. AMENDMENT TO THE OFFICIAL ZONING MAP: The Applicant is requesting approval for an Amendment to the Official Zoning Map pursuant to Land Use Code Section 26.310. This is a requirement due to the creation of the proposed PUD overlay. This review also requires the proposal to be consistent with all elements of the Aspen Area Community Plan. In reviewing the Amendment to the Official Zoning Map portion of the application, Staff believes that the proposal does meet the applicable standards established in the Land Use Code Section 26.310.040, Standards of Review. Staff has determined that the proposal is consistent with the goals established in the 2000 Aspen Area Community Plan. GROWTH MANAGEMENT REVIEW, ESSENTIAL PUBLIC FACILITIES: The Applicant is requesting approval for Growth Management Review of an Essential Public Facility pursuant to Land Use Code Section 26.470.090(4). The procedure for Essential Public Facility review involves the Planning and Zoning Commission determining the employee generation number associated with the proposed development and City Council can assess, waive, or partially waive affordable housing mitigation. In reviewing the Growth Management Review for an Essential Public Facility, Staff believes that the proposal does meet the applicable standards established in the Land Use Code Section 6- 26.470.090(4). Staff believes, that no new employees shall be generated, that the affordable housing mitigation shall be waived for the new development being that the Red Butte Cemetery is a non prof t working on a volunteer basis. The Community Development Director has determined it is an essential public facility based upon the definition found within Land Use Code Section 26.104.100.• ESSENTIAL PUBLIC FACILITY: A FACILITY WHICH SERVES AN ESSENTIAL PUBLIC PURPOSE IS AVAILABLE FOR USE BY OR BENEFIT OF, THE GENERAL PUBLIC AND SERVES THE NEEDS OF THE COMMUNITY. REFERRAL AGENCY COMMENTS: (Full comments can be found in Exhibit B) Engineering - • The Engineering department, recommended that the application, at the time of building permit plan submittal, to have a slope management plan for the construction process. Parks - Parks department recommended that the Applicant submit a construction staging plan and tree protection plan with the building permit application. Also, it was recommended that the Applicant have in place a management and Gaze program for the existing cottonwoods. ACSD - • Aside from the standazd recommendations from ACSD, it was recommended that the Applicant show both available options for running their sewer lines from the maintenance facility. RECOMMENDATION: A goal of the Aspen Area Community Plan is the preservation of historic resources, pazks and open space. In order to protect these important resources, a maintenance facilities help to assure proper upkeep and long-term viability. The Red Butte Cemetery has been an asset to the Aspen area for over 100 years and provides an essential service for the community. The 17 acre site, run by anon-profit volunteer group, requires a significant amount of maintenance and caze to prevent disrepair. Staff finds that the proposed site specific development plan meets these goals and will create a valuable asset both to City interests and to those maintaining the cemetery grounds. Staff finds that the proposed dimensional requirements and renovations are appropriate for the site and surrounding context. The Applicant has been active in involving the surrounding neighbors throughout the process and has made significant revisions to the original proposal based on this feedback. The maintenance facility, now 1,280 sq. ft. was originally planned to be over 3,000 sq. ft. in order to incorporate an employee housing unit. This housing unit was dropped from the application in direct response to the community feedback. Staff believes this new facility is appropriate in size and scale for such a large site where the primary goal is to preserve openness. -7- The Applicant has recognized the significance of the existing landscape and has acknowledged that the cottonwood trees aze a critical element of the visual chazacter of the historic cemetery. Staff does believe that strong coordination between the Red Butte Cemetery and the City of Aspen should exist to preserve the natural environment on the site. The cottonwood trees that line the walks and drives on the cemetery are aging, or at the end of their life cycle, and maintaining them is a large endeavor. Staff suggests that the Red Butte Association work with forestry and landscaping professionals to create a preservation plan for these important elements. Also, at some point in the future, the cemetery will be incrementally expanding to the north end of the property and plans to match the plantings and grid system of burial plots that exists on the southern portion. Staff recommends that the Red Butte Cemetery have along-term planting plan in coordination with approval from the City Forester and City of Aspen Pazks Department to assure that this expansion matches the existing visual quality. Therefore, Staff recommends approval for the site specific development under the following conditions: • Develop an ongoing management strategy for the vegetation, specifically the cottonwoods, and expansion northward on the property. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE: "I move to approve Resolution No._, Series of 2009, with conditions, approving Conditional Use Review and recommending approval of Consolidated PUD, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility for the property legally described Sections 1 and 12, Township 10 South, Range 85 West of 6`s P.M., City and Townsite of Aspen, 808 Cemetery Lane." ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings EXHIBIT B (1-3) -Referral Agency Comments EXHIBIT C -Site Plan EXHIBIT D -Letter from Joe Porter, Howie Mallory, and Margo Gubser Gardner (and photos) EXHIBIT E -Letter from Philip and Maziann Altfeld EXHIBIT F -Application 8- Resolution No. _ (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONDITIONAL USE REVIEW AND RECOMMENDING APPROVAL OF CONSOLIDATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT SOS CEMETERY LANE, CITY OF ASPEN, PITHIN COUNTY,COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6`h P.m., City and Townsite of Aspen; and, WHEREAS, at their regular meeting on December 10, 2008 (after opening and continuing the public hearing on this matter on January 9, 2008, February 27, 2008, and June 11, 2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held apre-application conference with Community Development staff; and, WHEREAS, the Applicant submitted an application For Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24`h 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this resolution; and, WHEREAS, a publicly noticed site visit was held on July 15`h, 2009; and, Resolution No _, Series 2009 Page 1 of 5 WHEREAS, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department on July 21s`, 2009 during a noticed public heazing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval and recommendation of approval of the land use requests is consistent with the goals and objectives of the Aspen Area Community Plan; 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; and, WHEREAS, The City of Aspen Planning and Zoning Commission voted in favor of the application by a unanimous vote of - _ by those present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conditional Use Review and recommends approval of: Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility to City Council. Section 2: Buildin¢ Permit Aaalication The building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and afrer construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan, and drainage and soils reports pursuant to the Building Department's requirements. e. As applicable, a Fugitive dust control plan to be reviewed and approved by the Environmental Health Department. Resolution No _, Series 2009 Page 2 of 5 £ As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in the adopted PUD. The Commission recommends the following standazds: Table l: Proposed Dimensional Requirements for PUD Requirement Proposed Conditions Minimum Lot Size Approximately 16.8 acres Minimum Lot Area Per Dwelling Unit Not applicable Minimum Lot Width Approximately 545 feet Minimum Front Yard Approximately 15' (Victorian Cabin) Minimum Side Yard As shown on site plan Minimum Rear Yard Approximately 175 feet Maximum Height Approximately 18'to peak of roof Minimum Distance Between Buildings on the Lot Not applicable Minimum Percent of Open Space In excess of 95% of the site Maximum External Floor Area Ratio Proposed building is 1,280 sq. ft. Section 4: EneineerinH Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Fire Mitieation 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: Water Department Requirements 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. Resolution No _, Series 2009 Page 3 of 5 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. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: 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 9• The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 10: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 11: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals aze not inconsistent with this approval. Section 12: The establishment of a vested property right shall not preclude the application of ordinances or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 13• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public heazing 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 14: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or Resolution No _, Series 2009 Page 4 of 5 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15: 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 215` day of July, 2009. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk LJ Erspamer, Chair Resolution No _, Series 2009 Page 5 of 5 EXHIBIT A REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.425.040, Conditional Use Review a) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title. The Applicant's request for a conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, specifically the goals to: 1) Provide support and education for the preservation of historic resources 2) Preserve and enhance our historic resources; and 3) Provide maintenance to protect and enhance the quality of our parks and open spaces. Staff finds this criterion met. b) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The Applicant's request for a conditional use to develop a maintenance building is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses. The maintenance building is minimal in nature and the work yard has been lowered slightly below grade to limit visual impacts. The spoils cribs serve to hide the existing piles of spoils that are clearly visible from the surrounding neighborhoods. Staff finds this criterion met. c) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. The location of the maintenance facility is in the northern portion of the site, 175' from the northern property line. This location is intended to create a buffer between the adjacent residential neighborhood, Black Birch Estates. The location also preserves a majority of the sage meadow found in the northern half of the property. This location also places the maintenance facility just over 300 ft. from the residential neighborhood to the west, Snowbunny Subdivision. Staff finds this criterion met. Exhibit A Page 1 of 12 d) There are adequate public facilities and services to the serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The proposed maintenance facility will place minimal demands on public facilities. Water supply and sewage lines have been identif-ed and can be extended to the building site. City streets, schools and emergency response will experience no impact. Staff finds this criterion met. e) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Not applicable. There will not be any new employees generated from the maintenance facility. The cemetery is primarily operated on a volunteer basis and only has one part-time employee currently. REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.445.050, Planned Unit Development GENERAL REQUIREMENTS a) The proposed development shall be consistent with the Aspen Area Community Plan. The proposed development is consistent with the Aspen Area Community Plan. 4) Provide support and education for the preservation of historic resources 5) Preserve and enhance our historic resources; and 6) Provide maintenance to protect and enhance the quality of our parks and open spaces. Staff finds this criterion met. b) The proposed development shall be consistent with the character of existing land uses in the surrounding area. The proposed development is consistent with and serves as an accessory use to the cemetery land use. Staff finds this criterion met. c) The proposed development shall not adversely affect the future development of the surrounding area. The proposed development is minimal in nature and has remained sensitive to the surrounding area, including the neighborhoods that border the Red Butte Cemetery. Exhibit A Page 2 of 12 The maintenance building will not adversely affect the future development of the surrounding area. Staff fmds this criterion met. d) The proposed development has either been granted GMQS 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. The proposed development is considered an Essential Public Facility, with no annual limit on square footage allotments. Staff finds this criterion met. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 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 minimal nature of the proposed development and the extent of the setbacks from the property lines create appropriateness and compatibility with the existing and expected future land uses in the surrounding area. Staff finds this criterion met. b) Natural or man-made hazards Not applicable. No natural or man-made hazards exist on site. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Many of the natural characteristics of the Red Butte Cemetery are being retained by the proposed dimensional requirements. These include, but are not limited to, the cottonwood trees that line the drives and the large sage meadow on the north end of the subject property. The steep slope on the eastern portion of the property has been addressed by Parks and Engineering and erosion control will be included in the building permit. Staff Snds this criterion met. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parkdng, and historical resources. Much of the Red Butte Cemetery is open space and shall be maintained under the proposed dimensional requirements. The Victorian-era cabin, an existing man-made and historic structure is being improved through an interior and exterior remodel, but no dimensions shall change. The proposed maintenance facility is being located at the site of the current temporary maintenance shed. This location has no impact on existing or proposed man-made characteristics of the property. The scale of this project is compatible with existing traffic and pedestrian circulation. Staff fmds this criterion met. Exhibit A Page 3 of 12 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 PUD and of the surrounding area. The proposed dimensional requirements are solely for the creation of the maintenance facility, particularly when considering the acreage of the site. This structure itself is minimal in size, 1,280 sq. ft. with a peak height of 18 feet. Also, the setbacks for the structure place it at the back (east) of the property far from the surrounding neighborhoods. Staff finds this criterion 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 arty non-residential land 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. d) The proximity of the proposed development to the commercial core and general activity centers in the city. The proposed development has adequate parking, both interior (two bays) and exterior in the work yard, for vehicles and equipment. This is appropriate for the desired use of the facility and public transit facilities shall not be needed. Staff finds this criterion met. 4) The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density ofa 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 development Not applicable. No residential dwelling units are being proposed. 5) The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rockfalls or avalanche dangers. 6) 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. Exhibit A Page 4 of 12 Not applicable. No residential dwelling units are being proposed. 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. Specifically, the maximum density of a PUD may be increased if.• 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 S, above, those areas can be avoided, or those characteristics mitigated c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding and expected development pattern, land uses, and characteristics. Not applicable. No residential dwelling units are being proposed. SITE DESIGN 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. The existing natural and man-made features of the Red Butte Cemetery would be preserved by the proposed location of this site specific development plan. This location does not intrude on any of the cottonwoods or other important vegetation. Staff finds this criterion met. 2) Structures have been clustered to appropriately preserve significant open spaces and vistas. Only one new structure is being proposed and it is intended to be constructed at the site of the existing temporary maintenance shed. This location preserves a significant amount of the open space and vistas created by the sage meadow on the north end of the property. Staff finds this criterion met. 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. Not applicable. 4) Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Exhibit A Page 5 of 12 Access for service and emergency vehicles exists for the Victorian-era cabin and the proposed maintenance facility through the existing gravel roads. Staff finds this criterion met. 5) Adequate pedestrian and handicapped access is provided The Building Department has recommended that the maintenance facility be handicap accessible and is conditioned in the resolution. Staff finds this criterion met. 6) Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. There is appropriate existing public infrastructure for the additional drainage created by the maintenance facility and its work yard. The run-off from the roof is planned to be captured in a drywell and most of the natural soils around the site are absorbent. A site drainage plan shall be included in the building permit. Staff finds this criterion to be met. 7) For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions with the use. Not applicable. LANDSCAPE PLAN 1) The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides and ample quantity and variety of ornamental plant species suitable for the Aspen area climate. A landscape plan has been created that brings a variety of plant species to the site as well as buffering the development on the north, south and west from the surrounding neighborhoods. The variety of plant species includes Aspen trees, Gambel Oak and Serviceberry bushes. Also, the topography will be slightly graded upward around the work yard to further limit the visibility of the facility. Staff finds this criterion met. 2) Sign cant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. (See Staff response for Standard Three.) 3) The proposed method of protecting existing vegetation and other landscape features is appropriate. The City of Aspen Parks Department has recommended the placement of temporary fences along the cemetery drives during construction to protect the roots of the Cottonwood trees. This method is appropriate to protect these important landscape assets. Staff fmds this criterion met. Exhibit A Page 6 of 12 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 proposed dimensional requirements for the PUD promote the simple and minimal scale of the maintenance facility. With a peak height of 18' and 8' on the east and west sides, the 1,280 sq ft. structure would have little impact on the 17 acre site and visual quality of the cemetery. Staff finds this criterion 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 maintenance facility does not propose any solar access, but has significantly limited the amount of the structure that will use a mechanical system for heating and cooling. Only a warm room (approximately 25% of the maintenance facility) will require heating and cooling. Staff finds this criterion met. 3) Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Snow shedding bas been designed to direct snow to south side of the maintenance facility, away from the maintenance yard. The large amounts of open space surrounding the facility provide ample space for storing excess snow, and the grading at the site slopes away from the structure providing adequate water drainage. Staff finds this criterion met. LIGHTING 1) All lighting is proposed so as to prevent direct glaze or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. The lighting for the proposed development is appropriate and minimal in nature. No direct glare or hazardous interference to adjoining streets or lands shall be created. Staff fmds this criterion met. 2) All exterior lighting shall be 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 call inordinate attention to the property is prohibited for residential development. All lighting for the proposed development is in compliance with the Outdoor Lighting Standards. No up-lighting is being proposed. Staff finds this criterion met. Exhibit A Page 7 of 12 COMMON PARK, OPEN SPACE, OR RECREATION AREA 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 all 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 instruments 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. The Red Butte Cemetery has operated as an important asset to the surrounding neighbors and the City of Aspen for many years. The proposed maintenance facility shall aid in the effort to keep the property visibly attractive and assure the Cemetery will receive proper upkeep in the future. Staff finds this criterion met. UTILITIES AND PUBLIC FACILITIES 1) Adequate public infrastructure facilities exist to accommodate the development. 2) Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3) Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Adequate public infrastructure facilities exist to accommodate the increased need on the subject site. These needs are moderate in nature, and the Applicant has agreed to pay for extensions and improvements to utilities at their own expense. Staff finds this criterion met. ACCESS AND CIRCULATION 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. The site has adequate access through Cemetery Lane, a public road. Staff finds this criterion met. 2) The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Exhibit A Page 8 of 12 The maintenance facility shall not generate any new traffic in the area. Most of the vehicular activity will occur onsite during maintenance work. Staff finds 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. Not applicable. No new trail dedications are proposed as a part of this project. 4) The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreation trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Not applicable. No AACP or adopted plans relate to this site specific development plan. S) 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. Not applicable. No streets proposed within plan. 6) Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The historic iron entry gate is the only type of entryway expression on the site and no other similar features are proposed within the PUD. Staff finds this criterion met. PHASING OF DEVELOPMENT PLAN 1) All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2) The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3) The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Not applicable. A phasing plan is not proposed for this project. Exhibit A Page 9 of 12 REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map: In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and Planning and Zoning Commission shall consider: a) Whether the proposed amendment is in conflict with any applicable portions of this Title. The proposed amendment is not in conflict with any applicable portions of this Title. Staff finds this criterion met. b) Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan The proposed amendment is consistent with the Aspen Area Community Plan. Staff finds this criterion met. c) Whether the proposed amendment is compatible with the surrounding none districts and land uses, considering existing land use and neighborhood characteristics. The proposed PUD overlay will not change the characteristics or use of the subject property. The PUD only establishes the dimensional requirement for the maintenance facility. The proposed site specific development plan is compatible with the surrounding zone districts and land uses. Staff finds this criterion met. d) The effect of the proposed amendment on traffic generation and road safety. The proposed amendment for the PUD overlay will not affect traffic generation at the Red Butte Cemetery or in the surrounding neighborhoods. Road safety will not be impacted. Staff finds this criterion met. e) Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. The proposed amendment will have a minimal impact on public facilities. There will be no impact on schools, traffic, and emergency services. Sewage and water supply lines have been identified and the connection of these services will place a small increase on total City demand. Staff finds this criterion met. ~ Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Exhibit A Page ]0 of 12 The proposed amendment shall not change the existing preservation of the natural environment at the Red Butte Cemetery. Parks has recommended protecting the existing Cottonwoods on site and creating a plan to control erosion on the top of bank. Staff finds this criterion met. ~ Whether the proposed amendment is consistent and compatible with the community character in the City ofAspen. The proposed amendment retains the underlying Park (P) Zone District and the PUD dimensional requirements do not allow for any type of development on the site that would degrade the community character in the City of Aspen. The proposed maintenance building is a normal accessory structure for a cemetery. Staff finds this criterion met. h) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Development in the Park (P) Zone District requires the development of a site specific development plan through the PUD process, resulting in a required map amendment. Changed conditions are not applicable. i) Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. The proposed amendment is not in conflict with the public interest and is in harmony with the nuroose and intent of this Title. Staff feuds this criterion met. REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.470.090, Growth Management Review for Essential Public Facilities a) The Community Development Director has determined the primary use and/or structure to be an essential public facility (see defnition). Accessory uses may also be part of an essential public facility project. The proposed project involves two accessory structures to the primary cemetery use. The Victorian-era cabin serves as a meeting location and the new maintenance facility serves to house the necessary equipment and machinery to maintain the cemetery grounds, both essential to the Red Butte Cemetery operating as a facility which servers an essential public purpose that is available for use by or benefit of, the general public and serves the needs of the community. The Community Development Director has determined that the primary use is an essential public facility based on the definition Exhibit A Page 11 of 12 found in Land Use Code Section 26.104.100, Definitions; Essential Public Facility: a facility which serves an essential public purpose is avai[abLe for use by or benefit of, the general public and serves the needs of the community. Staff finds this criterion met. 6) Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. The proposed project does not create any additional employees; therefore it is appropriate that no affordable housing mitigation be required. Staff finds this criterion met. Exhibit A Page 12 of 12 EXHIBIT B.1 DRC Comments Red Butte Cemetery PUD 6-24-09 ACSD Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. 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. Driveway and shop bay external entrance drains must drain to drywells. On-site utility plans require approval by ACSD. ACSD will allow a tap to either the west or north of the proposed building location. 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 area of concern in order to fund the improvements needed. 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. ~' XHIBIT B.2 ApSPEN Memorandum Date: June lb, 2009 To: Drew Alexander, Planner From: Brian Flynn, Parks Department Re: Red Butte Cemetery, DRC review Building permit plans shall include a detailed plan submitted for top of bank and stability of the hillside above the trail. The detailed plan shall identify; Location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run-off. 2. Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations of vehicles so that trees remaining on site will not be impacted and that the top of slope is protected. Building permit plans shall include a detailed plan submitted for Tree Protection: • Tree protection fences must be in place and 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, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. • There should be a location and standard for this fencing denoted on the plan. Current locations are identified above the 15' set back and along the side yard setbacks. 4. The cemetery should have in place a management and care program for the existing cottonwood trees. Recent damage to the trees and pending impacts should be addressed through a specific management plan designed by a professional tree care professional. ExtttstT B.3 Date: June 2009 Project: Red Butte Cemetery City of Aspen Engineering Department DRC Comments Top of Bank Construction Management and Building permit plans shall include details for top of bank and stability of the hillside during construction. The detailed plan shall identify; Location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and erosion control measures placed in a manner preventing erosion and protect the river from residual run-off. Stormwater System Development Fee Due to increase of impervious azea on site the Stormwater System Development fee will be triggered during plan review. The Stormwater system development fee is applied to projects that create or disturb more than 500 squaze feet of impervious area. The fee is $2.88 per square foot of total impervious area on the site and is calculated and applied during building permit review. Construction Management Plan 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 erosion/sediment pollution. Detailed plans are required prior to council -please see engineering department for specific details. ti 16 su IaW YMl•M3d5V !J Ii111pS 01i OBpi •AYW Oi Aw 9w9rrs `JMNOZ''8 DNINNtl'Id NBdStl idWd073A80.UN0 03NNtl7d W 8J B.LLf19 03N 5 3 0'v„© M 0 N Q,£ITi ~~~37 ~'-119v'J b yo-1 LU/II SO Y11'll~"L 1_4 ~FMIS ~ ~yc,~f 7~j 1.9 /~2TS IY04'Yo'r8 ~ -~ °s -„I P ~~337 3"t.1Cb7 }7NJO /H~OY~-- ,~,..~ scam ~- ~{1M3nY H1TlOS ""•'~"y`w~ »,.- 95T0411T0 ~ (~ -"- - ~ ~ ~ _ _ }~ ~_ _ ~~ - OI ~ QA ''~ [ ~ M 5-X70'14 ~ _ ~n OI '~ N ~ l'Y I'ET19 w'~~ r r m 9 r r a u' i d p~~J!/(9Q ~L'YE9t11e10S vri ,raatirl 1't a arl-l-a aµ ~~ a1~ 'I I i v E P o f 3 t ~ ~ T ~ F 9 5 0 e ~~6 ~~ ~\, \\ ti3 J T 0 >_ A A 7 r Y Z 7 Q 3 z EXHIBIT D Memorandum To: L.J. Erspamer, Chair Planning Commission Members From: Joe Porter, Howie Mallory, Mazgo Gubser Gazdner Date: July 13, 2009 Re: Red Butte Cemetery Consolidated PUD and Conditional Use Review During the past year, we have been talking with the Red Butte Cemetery Trustees, their planner Alan Richman, and azchitect Graeme Means, about their plans for the Red Butte Cemetery and providing public comment throughout the HPC process. We appreciate being able to participate in the process and feel that progress has been made. The request for asingle-family residence has been dropped; the existing Victorian building will be restored to provide a visitor's facility in a location that will minimize vehicle trips on the historic grass lanes in the cemetery; and the maintenance facility and landscape plan have been designed with our input. This letter is to address some unresolved issues that we believe should be considered in your review of the current PUD submission. They include: looking beyond the maintenance facility to define the future use and treatment of all azeas of the cemetery property; documenting decisions and representations made during the HPC process; and consideration by the Planning Commission regarding the appropriateness of the proposed on-site facility. North Meadow and Castle Creek Corridor A short-coming of the PUD submission is that it only addresses the proposed maintenance facility and the existing Victorian building, ignoring the balance of the property, particularly the undeveloped North meadow. In recent yeazs, the North meadow has been used as a waste dump for cemetery operations. It has been a storage site for heavy construction equipment working in the area and has been graded, mounded, and scattered with piles of dirt, equipment and debris from cemetery operations. A strip has been graded and top soil spread through the center of the meadow with no provision for re-vegetation or weed control. Cemetery managers have also graded a section of the eastern edge of the developed cemetery along the edge of the slope that extends down into the Castle Creek bottom lands. All of this has been completed without grading permits and regard for erosion control. Photographs of these conditions and the qualities of the North meadow landscape are attached. There is no disagreement that the North meadow should be utilized for the incremental expansion of future grave sites as described in the application. At ten to fifteen graves a year, it will be a long evolution. The native sagebrush plant community in the meadow has been re-emerging since grazing ceased in the meadow. Nurturing and maintaining the important, historic native vegetation is the least expensive method of managing the North meadow as the cemetery is slowly expanded there over the next hundred years. This approach also provides environmental and landscape value to the greater Aspen community. Restoring and managing native vegetation in the North meadow and in the Castle Creek corridor will work toward a goal of the Aspen Area Community Plan not mentioned in the PUD application, which is to "Protect and enhance the natural environment". The cemetery trustees have agreed to maintain the native landscape in the North meadow during the gradual transition to grave sites, and HPC has required that the cemetery "Develop a comprehensive plan for management of the cemetery landscape, including the open meadow" as a condition for HPC's conceptual approval of the maintenance facility. This comprehensive landscape management plan should be documented in the PUD and include the following: The Cemetery Association shall collaborate with the City Forester to establish a landscape plan and a landscape maintenance plan for the entire Cemetery Property, including the North meadow and the Castle Creek corridor, that is acceptable to the City. The habitat-rich Castle Creek Corridor portion of the Cemetery Property is not developable and shall remain free of any disturbance or development as a result of the Cemetery's operations. 3. The North meadow portion of the Cemetery Property shall be maintained in native vegetation with minimal disturbance until it is incrementally developed for grave sites in the future. 4. Previously disturbed areas in the North meadow shall be restored to the native vegetation condition as soon as possible. 5. All materials storage and construction staging for Red Butte Cemetery or any other utility improvements in the Cemetery shall occur in the maintenance facility work yard or off-site; no materials storage or construction staging will occur on the north meadow. Additional Conditions The following is a summazy of issues raised in meetings and HPC hearings that should be included as conditions to the PUD approval. The maintenance facility shall not be used as a living unit or as a place to sleep overnight. This condition has been included because the cemetery maintenance superintendent has been sleeping in the small Victorian building for several years. The question about someone living or sleeping in the new facility was raised during the HPC hearings. Cemetery representatives stated that this would not happen and we think this commitment should be documented in the PUD conditions. Use of the maintenance facility to be constructed on the Cemetery Property shall be solely for activities directly associated with the maintenance of the Cemetery Property and not for or by any other entities or properties. Further, storage of materials and equipment in the maintenance facility shall be solely for those owned by the Cemetery and used for the purpose of maintaining the Cemetery. 3. Except for minimal, necessary security lighting, which complies with the City's exterior lighting code, all exterior lighting shall be equipped with motion detectors and shall be turned off except when the maintenance facility or maintenance yard is being used for its intended purposes. There is no doubt that the Red Butte Cemetery property is a rare community resource. We acknowledge that considerable work needs to be done to repair and maintain the entire property, and that proper maintenance facilities are required to accomplish this. In our conversations with cemetery representatives, we have offered suggestions about how to meet their maintenance needs in ways that minimize negative impacts on the cemetery property. In an attempt to assist the cemetery, residents from the surrounding neighborhood have funded landscape architect Sarah Shaw to work with Graeme Means to prepare the grading and landscape plans for the maintenance facility that are included in the PUD application. The new maintenance facility represents a significant capitol cost and increase in annual operating costs for the cemetery. The PUD application refers to contacts with the City Parks and Streets departments to explore alternatives to constructing a new facility. We ask that everyone continue to consider if there are ways to for the city to assist with facilities and work required to meet the cemetery restoration and maintenance challenges. We believe it is important that the cemetery association have the funding necessary to complete the project before it commences construction of the maintenance in order to avoid a situation whereby a partially completed facility is abandoned due to lack of funds. Thank you for your consideration. We look forward to answering any questions raised by this letter at your July 21st meeting. Respectfully submitted, Joe Porter, Howie Mallory and Margo Gubser. ~.~<:,. vY a~~ ~ ~t~ ~ ~~, q ~'_ .~ r :~ Photo 1: View of the Red Butte Cemetery Meadow from lower Red Mountain. Photo 2: Native Sage Meadow Photo 3: Continuing Sage Meadow Evolution Photo 4: Dirt Quonset Hut f f~-~ f 4~ Photo 5: Dirt Piles and Construction Debris ~,,~ . ~'.~~ ;'*~iq ~ >, 14 ~~ . ;_ 6: Dirt Piles and Invasive Thistles ;r F ~ ` ~~ r y . Invasive Thistles y. M ~ ~ = ;..Y M ~ i ~,'.~t. i Photo 8: Irrigation Pipe y k i + ~.f~ ~1~ !Y ~" L 3 ~*• ~ ~~'~~ t\ r\ t ~' ~`"~Sa-'~I~~~~ a `~i;.'"j ~jt ~~+•A~ ~k1a V'~~, ~'~t+ 1 ~\.4 A +` ~, , j~ ij ,{{ y p~ ~' 1 ~ fPq\, j f • '~.•. ~;.,1t y < C~ r L r tai: ~pk b~'`~~ k~~, ~'~~ ~i~`p'?'~'~r t.~ - d ~ + o + ,~ r,..,~ ~~ ~~,~ a y;J y r R v l• + {' 1 ,~ , ,. ~~ ~ ~ ,~ ~ r y ~ f .' '1 j~IS~A Iv. ~~~ ~ > r.~ 1 ~L . .~~~ ` ~ is y ,c, ,,~W~ ' ~; , ,, , ~~~ ~~' + ;. ,.ri ~! ~"~ ~`i~ m'~ rf. ~y'1 •.rJla ~~" ` y ~".~'~'~~J ~~ ~~.w't Photo J: fJ+~l>ris In tlic Mca+lcnv e reS' ''~r'~'rt~3 t L~ ~ Ft +~(~~` {"~ i'i U it ~, ri~~f~=ja Y~ ~~.~~~~~i d... Lc.. '~ L3• t ''Z"Y a ., ~r ,'t ~lb,~ r K .~~"~~ ;~!! ,: .~~ -;-~:< r:.~;-. ~~ ~ ~~.~ z a f ~~ ~ ~~ Y. ~r ~~ .Y.: t r _~. M1r e .. ~ `~ ~ -• z2~ c ~~ :~ ~. y -` ?~~~..~,~ ,fin ~.~-. r . T "'F ti C Z ~~ ~- € ~ t ~ ~~I '~ J ~~~ ~ ~» Photo 11: Meadow Sage Destruction ~iy~p.F r-s*i 4 s .,F ~~r i. V'9 t, r~ ~~ ' a '`,h,'ttiY', ~~~ '. ;a +L4 e '~', ~il;~ bs~~ . ~ ~~~ ~ i ~-. l ` ~•} Photo 10: Construction Staging for the Snowbunny Sewer Reconstruction c ," ~~i p (,, h t '~ M .~ 't7 t t D ^F , ~ •... ~, ~ 7 A ` S ,c ~ ~ ~ '` i a4 ~l'-ryWi hit ~ l C ~,Y~\t1 ~ y t. Pholo lZ: meadow Cor.slnict~on Roads :~.'`C, ~ •~ '.' r, " ~ ~ ~f ~ 0 ~• It~~~~vc~ b ~,-: ,~ . . ~ ~` :~ ~~ :~ , .~y ti .. ~. ~~, +t . "~`~~ ~ ti `a- r.` .i- ti •~ ~.v .~ • { t Circulation Route) Photo 15: Grass Lane Deterioration from Hauling (West Side) tom' W ~ • : p~ Photo 17: Grass Lane -Deteriorating from Hauling and Graveled (East Side -Designated Principle Circulation Route) ~~F ' Vii': - ~'~~Tm~ . ,,~-- . ~. - -_ ~~t-siY r"~'siw ... Photo 13: Crass Lane Deterioration from traf c and graveled (North End) EXHIBIT E Mr. Drew Alexander Community Development Department drew.alexanderna ci.asoen.co.us Dear Mr. Alexander: We reside at 1250 Snowbunny Lane Our house is situated almost directly across from the current dirt, debris and rock pile in the North parcel of the Red Butte Cemetery. We believe you should be aware of the petitioner's past custodial actions. A number of years ago the petitioners were granted permission to construct aQuonset-type but in the North meadow of the cemetery. We were told by city authorities that this but is strictly temporary and would be removed in one year. Approximately seven years have passed and this eyesore still exists. After the but was erected, dump trucks were allowed to deliver truck loads and truck loads of dirt, rock, stones, and debris to this site. The broken down hut, the piles of rock and stone and poor quality dirt has created an incredible eyesore that the neighbors have had to endure. This is all in addition to the time-to- time storage of trucks, hoes and front loaders, etc. on the property. Their disregard for maintaining a clean and tidy well organized operation has been absolutely dreadful. The cemetery custodians have been unconcerned about the neighbors, guests and families of the existing graves and the place of final rest for future residents of Aspen who might wish one day, in the far far future, to be buried in this almost only burial ground in Aspen. This is why, and we hope you can understand that the neighbors surrounding the Red Butte Cemetery do not have much trust in the veracity, actions and intentions of the cemetery trustees. Therefore, it is extremely important to us to formalize the restrictions of the trustees as to what may be permitted in this cemetery. We suggest the following: 1. No future development is to be permitted at any time other than gravesites and the footprint of the projected facility. In other words, no enlargement of the facility would-be allowed. 2. The entire cemetery (north and south parcels) shall be maintained as a whole so that the North parcel cannot be used as a dumping ground. 3. Landscaping must be substantial so the community will not have an overview into the work area and the vehicular truck and traffic entrance adjacent to the proposed building. 4. Furthermore, we support the suggestions in the memorandum to L.J.Espamer, Chair from Joe Porter, Howie Mallory and Margo Gubser Gardner dated July 13, 2009. Philip and Mariann Altteld MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Saza Adams, Historic Preservation Planner RE: 434 East Cooper Street (aka. BidwelU Mountain Plaza Building) -Commercial Design Standard Review REFERRAL (Pazce12737-182-16-011) DATE: July 21, 2009 APPLICANT /OWNER: STAFF RECOMMENDATION: Bert Bidwell Investment Corporation, Staff recommends the Planning and Zoning Commission 434 East Cooper Street, Aspen, CO. recommends Commercial Design Review approval to the Historic Preservation Commission. REPRESENTATIVE: Mitch Haas, Haas Land Planning; LLC, Klein, Cote & Edwards P.C.; Rowland + Broughton Architecture. LOCATION: Lots Q, R and S, Block 89, City and Townsite of Aspen, CO, commonly known as 434 East Cooper Street. CURRENT ZONING tS: USE CC, Commercial Core Historic Zone District containing a two story (above grade) office/retail building. PROPOSED LAND USE: The applicant proposes to redevelop the 9,000 square foot parcel with a new mixed use building. SUMMARY: The Planning and Zoning Commission is asked to provide referral comments regarding Commercial Design Standard Review to the Historic Preservation Commission for the redevelopment at 434 East Cooper Street. PROJECT SUMMARY: The Applicant, Bert Bidwell Investment Corporation, has recived approval to demolish the existing office/retail building located at the corner of Cooper Avenue and Galena Street that is located on a 9,000 square foot lot and redevelop the site with a new mixed-use building containing commercial, affordable housing, and free mazket residential uses. The existing property is located in the Commercial Core (CC) zone district. It is also located in the Commercial Core Historic District although not deemed contributing to the district and the existing building has been approved for demolition by the Historic Preservation Commission (HPC). As a proposed building in the Commercial Core Historic District, the Historic Preservation Commission has purview over the design. The Planning and Zoning Commission Page - 1 - of 4 Photo of subject property. (P & Z) is asked to make referral comments regarding the Commercial Design Standard Review to the Historic Preservation Commission. PREVIOUS APPROVALS: In 2007, HPC granted Major Development Conceptual and Viewplane Exemption approvals, demolition approval and Commercial Design Standazd Review approval for the proposed redevelopment of the subject parcel. After the HPC reviews, the P & Z reviewed the project and granted Growth Management approval for new commercial development, new residential development and affordable housing. P & Z recommended subdivision approval to City Council. During the City Council review concerns were raised regarding height, scale, mass and a lack of public amenity space. City Council denied the subdivision request. In an effort to respond to Council's and the public's concerns, the applicant made significant changes to the design and requested that Council reconsider the application. City Council approved reconsideration of the application and remanded review of the new design back to HPC for Major Development Conceptual, Viewplane Exemption and Commercial Design Standard Review. The previous Growth Management approvals and P & Z's subdivision recommendation are still valid. The application is still reviewed pursuant to the Mazch 2006 Land Use Code. FUTURE APPROVALS sY P & Z: The re-designed new building includes more net leasable commercial space than previously proposed. The applicant will apply to P & Z for Growth Management allotments for the new net leasable commercial after HPC grants approval for the conceptual design as specified above. STAFF COMMENTS: COMMERCIAL DESIGN STANDARD REVIEW: The applicant redesigned the entire building to respond to the concerns voiced by the public and City Council. As a courtesy, P & Z is asked to provide refen•al comments regarding the Commercial Design Standard Review that HPC will conduct this month. The main concerns were the following: Lack of public amenity space: The applicant originally designed the building to meet the property line without any setback or public amenity space. Council and the public were concerned about the elimination of the open area in front of the existing Bidwell Building and the impact on the pedestrian malls and circulation. The applicant was providing cash-in-lieu to satisfy the required 10% pedestrian amenity space. The redesign provides 12% pedestrian amenity space in front of the building at the corner of Galena and Cooper. Heieht: The applicant originally designed the building to be 41' at the highest point. The public and Council were concemed about the impact of the height on surrounding building and the downtown experience. The height has been dropped to 36'7" at the highest point. Overall Building Design: Council expressed concern over the loss of "western vernacular" in the new building and over the magnitude of the proposed mass and scale. The redesign incorporates more of a western vernacular style and proposes 30' and 60' modulations along the Cooper Street elevation and smaller 20' and 40' modulations along the Galena Street elevation to break up the perceived mass of the new building. The Galena and Cooper Street corner is setback 18' from the property line to further break up the mass and open up the corner. A one story element Page-2-of4 with a deck is proposed at the corner that steps up to two stories. The original design was a three story building that filled the entire 9,000 squaze foot lot with different materials (rather than actual setbacks) to express building modules. Staff finds that the redesign meets the following Standards: (please note that this project is subject to the Commercial Design Standards that were in place in March 2006) 26.412.060.A. Building Relationship to Primary Street. In summary, this Standard requires buildings to be square to the street, have consistent setbacks and commercial developed at the ground level. The general intent is to create a consistent street wall and coherent commercial downtown to enhance the pedestrian experience. Staff finds that the proposed building meets this Standazd. 26.412.060. B. Pedestrian Amenity. This Standazd specifies the nature and function of the required pedestrian amenity space: mainly that it is versatile and contributes to the pedestrian experience. Staff finds that the proposed project meets and exceeds this Standard by providing more pedestrian amenity than required onsite (2% more.) 26.412.060.0 Street-level Building Elements. This Standard intends to create successful ground level storefronts by requiring 60% transparency at the ground level and defined entrances to contribute to the pedestrian experience in the Commercial Core. Staff finds that this Standard is met. 26.412.060. D. Parking. This Standard requires well-design parking that does not detract from the quality of downtown. The applicant proposes a subgrade parking garage accessed off of the alley to meet and exceed (by 2 spaces) the pazking requirements for the redevelopment. Staff finds that the Standazd is met. 26.412.060. E. Utility, Delivery, Trash Service Provision. This Standazd emphasizes well- designed trash and utility areas that do not impede alley circulation. The project proposes utility, delivery and trash service that will be screened and located off of the alley. Staff finds that the project meets this Standard. Overall, Staff finds that the amended design meets the Commercial Design Standazds. There are two main discussion points that Staff recommends HPC discuss during their Major Development Conceptual Review: I . The one story massing at the corner. 2. The proposed storefront height at grade. Both of these issues conflict with the HP Design Guidelines for development in the Commercial Core Historic District which recommends two story commercial buildings built to the property line with proposed architectural elements that are in scale with surrounding historic landmazks. After careful analysis of existing and historic commercial development patterns on downtown corner, Staff concludes that the one story mass at the corner, with the second story setback, is appropriate for this project. Staff recommends that the applicant study the height of the glazing proposed for the storefronts to better relate to its historic context and the impact of a taller storefront on the overall height of the building for discussion during Final HPC Review. Page - 3 - of 4 RECOMMENDATION: In reviewing the proposal, Staff believes that the project meets the applicable Commercial Design Standards and recommends that the Planning and Zoning Commission recommend approval to the Historic Preservation Commission. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Resolution No._, Series of 2009, approving." Resolution No. ,Series of 2009 ATTACHMENTS: EXHIBIT A -Commercial Design Standards EXHIBIT B -Application Page-4-of4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION (P & Z) RECOMMENDING APPROVAL OF COMMERICAL DESIGN REVIEW TO THE ASPEN HISTORIC PRESERVATION COMMISSION FOR THE PROPERTY LOCATED AT 434 EAST COOPER STREET, LOTS Q, R AND S, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO. RESOLUTION NO. ,SERIES OF 2009 PARCEL ID: 2737-182-16-001. WHEREAS, the applicant, Bidwell Investment Corporation, represented by Mitch Haas of Haas Land Planning, LLC; Klein, Cote & Edwards, P.C., and Rowland + Broughton Architecture and Urban Design requested that Aspen City Council reconsider the subdivision application for the property located at 434 East Cooper Avenue, Lots Q, R and S, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, Aspen City Council approved reconsideration of the application for subdivision for the subject property and remanded Commercial Design Standard Review, Historic Preservation Major Development Conceptual Review and Viewplane Exemption Review back to the Historic Preservation Commission; and WHEREAS, the Community Development Director determined that the application is governed under the Aspen Land Use Code in effect in March 2006; and WHEREAS, pursuant to Section 26.304.060(B)(1) of the Municipal Code, the Community Development Director has approved a combined review to enable HPC review of the applicant's viewplane and commercial design review requests with major development (conceptual) finding that such combination will eliminate or reduce duplication and ensure economy of time, expense and clarity; and WHEREAS, as a courtesy the Aspen Planning and Zoning Commission is asked to provide referral comments to the Aspen Historic Preservation Commission regarding Commercial Design Standazd Review; and WHEREAS, Sara Adazns, in her staff report dated July 21, 2009, performed an analysis of the application based on the standazds, found that the review standards have been met, and recommended a recommendation of approval; and WHEREAS, at their regular meeting on July 21, 2009, the Planning and Zoning considered the application, found the application was consistent with the review standards and recommended approval of the application to the Historic Preservation Commission by a vote of _ to NOW, THEREFORE, BE IT RESOLVED: That the Planning and Zoning Commission hereby recommends that the Historic Preservation Commission grant Commercial Design Review approval for the property located at 434 East Cooper Avenue, Lot Q, R & S, Block 89, City and Townsite of Aspen, Colorado. APPROVED BY THE COMMISSION at its regular meeting on the 21s` day of July 2009. LJ Erspamer, Chair Approved as to Form: Jim True, Special Counsel ATTEST: Jackie Lothian, Clerk Exhibit A: Commercial Design Standards. The following design standards shall apply to commercial, lodging, and mixed-use development: A. Building Relationship to Primary Street. A street wall is comprised of buildings facing principal streets and public pedestrian spaces. Consistent street walls provide a sense of a coherent district and frame an outdoor room. Interruptions in this enclosure can lessen the quality of a commercial street. Corner buildings are especially important, in that they aze more visible and their scale and proportion affects the street walls of two streets. Well-designed and located pedestrian open spaces can positively affect the quality of the district, while remnant or leftover spaces can detract from the downtown. A building's relationship to the street is entirely important to the quality of the downtown pedestrian environment. Split-level retail and lazge vertical separations from the sidewalk can disrupt the coherence of a retail district. The following standards shall apply: 1. Building facades shall be parallel to the adjoining primary streets. Minor elements of the building fapade may be developed at irregular angles. 2. Building facades along primary streets shall be setback no more than the average setback of the adjoining buildings and no less than the minimum requirement of the particular zone district. Exempt from this provision are building setbacks accommodating On-Site Pedestrian Amenity, pursuant to Section 26.575.030. 3. Building facades along primary streets shall maintain a consistent setback on the first and second story. 4. Commercial buildings shall be developed with the first floor at, or within two (2) feet above, the level of the adjoining sidewalk, or right-of--way if no sidewalk exists. "Split- level" retail frontage is prohibited. 5. Commercial buildings incorporating a setback from a primary street shall not incorporate a substantial grade change between the building facade and the public right-of--way. "Moats" surrounding buildings are prohibited. B. Pedestrian 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. Pedestrian amenity can take the form of physical or operational improvements to public rights- of-way or private property within commercial azeas. On parcels required to provide pedestrian amenity, pursuant to Section 26.575.030 -Pedestrian Amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the Pedestrian 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 pedestrian amenity sufficiently allow for a variety of uses and activities to occur considering any expected tenant and future potential tenants and uses. 2. The pedestrian amenity contributes to an active street vitality. To accomplish this chazacteristic, public seating, outdoor restaurant seating or similaz active uses, shade trees, solar access, view orientation, and simple at-grade relationships with adjacent rights-of--way are encouraged. 3. The pedestrian amenity, and the design and operating characteristics of adjacent structures, rights-of-way, and uses, contributes 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 Pedestrian Amenity, Section 26.575.030(F) promote the purpose of the pedestrian amenity requirements. 6. The Planning and Zoning Commission or Historic Preservation Commission, as applicable, may reduce the pedestrian amenity requirement by any amount, such that no more than half the requirement is waived, as an incentive for well-designed projects having a positive contribution to the pedestrian environment. The resulting requirement may not be less than 10%. On-site provision shall not be required for a reduction in the requirement. A mix of uses within the proposed building that enliven the surrounding pedestrian environment may be considered. C. Street-Level Building Elements. The "storefront," or street-level portion of a commercial building is perhaps the single most important element of a commercial district building. Effective storefront design can make an entire district inviting and pedestrian friendly. Unappealing storefront design can become a detriment to the vitality of a commercial district. In order to be an effective facility for the sale of goods and services, the storefront has traditionally been used as a tool to present those goods and services to the passing pedestrian (potential customer). Because of this function, the storefront has traditionally been as transparent as possible to allow maximum visibility to the interior. The following standards shall apply: 1. Unarticulated, blank walls are prohibited. Fenestration, or an alternate means of fagade articulation, is required on all exterior walls. 2. Retail buildings shall incorporate, at a minimum, a 60% fenestration ratio on exterior street-level walls facing primary streets. (For example: each street-level wall of a retail building that faces a primary street must be comprised of at least 60% fenestration penetrations and no more than 40% solid materials.) This provision may be reduced or waived for lodging properties with no, or limited, street-level retail, office buildings with no retail component, and for Service/Commercial/Industrial buildings. 3. Building entrances shall be well-defined and apparent. 4. Building entrances shall be designed to accommodate an internal airlock such that temporary seasonal airlocks on the exterior of the building are unnecessary. 5. Non-traditional storefronts, such as along an alleyway, are encouraged. D. Parking. Parking is a necessary component of a successful commercial district. The manner in which pazking is physically accommodated has a lazger impact upon the quality of the district that the amount of parking. Surface parking sepazating storefronts from the street creates a cluttered, inhospitable pedestrian environment. A downtown retail district shaped by buildings, well- designed storefronts, and a continuous street wall is highly preferred over a district shaped by pazking lots. Well-placed and well-designed access points to pazking garages can allow convenient pazking without disrupting the retail district. The following standards shall apply: 1. Parking shall only be accessed from alleyways, unless such access is unavailable or an unreasonable design solution in which case access from a primary street shall be designed in a manner that minimizes disruption of the pedestrian environment. 2. Surface parking shall not be located between the Street right-of--way and the building fagade. 3. Above grade parking garages in commercial districts shall incorporate ground-floor commercial uses and be designed in a manner compatible with surrounding buildings and uses. 4. Above grade parking garages shall not reveal internal ramping on the exterior fapade of the building. E. 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 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: 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 necessazy when existing site conditions, such as a 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. Shazed facilities are highly encouraged. 4. Mechanical exhaust, including parking gazage 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.