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Land Use Case.CU.1235 Mountain View Dr.A14-91
7 CITY OF ASPEN EXHIBIT JJ -- P; /LAPPP�LICAT� M I / ON CONFERENCE SD,_.AR / PROJECT: t (�N (cG� f L t (ac� I. /0IY�,t/ /' - a APPLICANT'S REPRESENTATIVE: -- ( iµ 6*x 4 5 �e �� ff V FF w. REPRESENTATIVE'S PHONE: 4 O rT A.v iR Q OWNER'S NAME: Ii �l /.'t �� SUMMARY ,'. y�, 1. Type of Application: Die r5f/7 7 /75 / ({ �" cc. 2. Describe action /type of . development being requested: i 34.e. �,��` ( fr, "tic e Arc... is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments • / • -(4,4 fail/44.2a — • 4. Review is: (P &Z Only) (CC Only) P &Z then to C ) 5. Public Hearing: (NO) 6. Number of copies of the application to be submitted: • 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS /UNIQUE CONCERNS: t 3 frm.pre_app F 82 2 3 a W ' 5 6 1 8 9 lauyars Title Insurance Orporation LOAN POLICY Schedule A EXHIBIT 2 Cn >_ ' 1 DATE OF POLICY AMOUNT OF INSURANCE POUgY1:UMBER - ___ THE POLICY NUMBER SHOWN SEPTEMBER 09, 198` ON THIS SCHEDULE MUST FCT 129 - 85 @ 11:44 A.M. $65,000.00 NUMBER GE WITHTHE 82- 00- 933571 ON THE 1. Name cf Insured: 1:177 :RAN CHURCH EXTENSION FUND MISSOURI SYNOD 2. The ;_;ale or interest referred to herein is at C .te of Policy vested in: NES`;VH EVANGELICAL LUTHERAN CHURCH OF ASPEN, a /k /a MESSIAH EVANGELICAL LUTHERAN "HLTRCH OF ASPEN, COLORADO, A COLORADO CORPORATION. 3. The estate or interest Ir the land described in this Schedule and which is encumbered by the insured mortgage is: IN Fig E.IMPLE 4. T he mur cage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: :Ltd of Trust from : MESSIAH EVANGELICAL LUTHERAN CHURCH OF ASPEN, a /k /a MESSIAH _ EVANGELICAL LUTHERAN CHURCH OF ASPEN, COLORADO, A COLORADO CORPORATION. to the ?a1'1ic Trustee of Pitkin County for the use of : LUTHERAN CHURCH EXTENSION FUND — MISSOURI SYNOD to secure : $65,000.00 dated : SEPTEMBER 03, 1985 recorded : SEPTE`,BER 09, 1985 in Book 494 at Page 575. • The land referred to in this policy is described as follows: :LEASE RIFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. ?ITKIN C')UNTY TITLE, INC. ASPEN, COLORADO ,L auntersignetute AulhontS Olucer or Agent Issued at ilocanonl r. 82 IRev. 2:"791 Litho in U.S.A. This Policy is Invalid unless the rover ALTA Loan Policy 1970 (Rev. 10 -17 -70) Cow/right 1969 _ - 3•oa2-05o0'1 sheet and Schedule a are attached. EXHIBIT 3 March 12, 1991 Ms. Kim Johnson Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Johnson: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc., Planning Consultants, to represent the Messiah Lutheran Church and Aspen Bank Shares, Ltd. in the processing of our application for an amendment to the Church's prior conditional use approval. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, Messiah Lutheran Church L x/2 AI;. Betty Bu le, President Church Co'gregation (303) 923 -5079 Aspen Bank Shares, Ltd. Sala • 4 41 B. Israel, President Pitkin County Bank & Trust Company (303) 925 -6700 SV:cwv EXHIBIT 4 NAMES AND ADDRESSES OF PEOPLE LIVING WITHIN 300 FEET OF MESSIAH LUTHERAN CHURCH 1. Bargsten Subdivision Lot *014 George E. Shaw Box 555 Snowmass, Colorado 81654 Lot #15 Thomas Dunn 1220 Mountain View Drive Aspen, Colorado 81611 * do not have lot *011 (next to church) name and address 2. La Neige Lapin Subdivision Unit 101 Joe Porter 410 Williams Street Denver, CO 80218 Unit 102 Robert Beals 2115 Main Street Santa Monica, CA 90405 3. West Meadow Subdivision Lot 001 Robert Christensen 133 North 8th Street Aspen, Colorado 81611 Lot 002 Daniel M. Gold c/o Manufacturer's Handover Corp. 2755 Farmington Road Box 1 Farmington Hill, MI 48018 Lot 003 Lawrence A. noble 1270 Mountain View Drive Aspen, Colorado 81611 Lot 004 Edith Whitaker Dunn Box 2708 Aspen, Colorado 81612 Lot 15 Etna Tauscher 1315 Mountain View Drive Aspen, Colorado 81611 Lot 016 James Fitzpatrick Box 197 Aspen, Colorado 81612 Lot 017 Ernst Frywald 141 Midland Pk. Aspen, Colorado 81611 Lot 018 John Oakes 408 E. Cooper Avenue Aspen, Colorado 81611 4. Red Butte East Subdivision Lot 001 Louis Dorfman 13101 Preston Road, Suite 409 Dallas, TX 75240 Lot 002 Charles Lipton Box 2449 Aspen, Colorado 81612 Lot 003 LeRoy Hood 1453 E. California Street Pasadena, CA 91106 Lot 004 John L. Frey 415 S. Spring Street Aspen, Colorado 81611 5. Black Birch Estates Lot 007 Peter Johnson Box 3660 Aspen, Colorado 81612 Lot 014 Clark Smyth Box 3665 Aspen, Colorado 81612 Lot 021 Russel J. Kraft Box 10098 Aspen, CO 81612 Lot 020 Werk Cook 513 W. Smuggler Aspen, CO 81611 Lot 015 John Villari Box 2941 Aspen, Colorado 81612 Lot 013 Martin Kahn 415 E. Hyman Avenue Aspen, CO 81611 Lot 006 Timothy Charles Box 1061 Aspen, Colorado 81612 Lot 008 Ray Flaskamper 12027 Paramount, Suite 1 Downey, CA 90242 Lot 019 Craig Sutherland 4000 Main Street Kansas City, MO 64111 Lot 012 Black Birch Owners Assoc. Box 704 Aspen, Colorado 81612 • PUBLIC NOTICE RE: MESSIAH LUTHERAN CHURCH CONDITIONAL USE AMENDMENT AND GMQS EXEMPTION FOR AFFORDABLE HOUSING • NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 7, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Messiah Lutheran Church requesting approval of an amendment to their Conditional Use approval and GMQS Exemption for Affordable Housing. The applicant proposes to construct a 1,430 square foot, 3 bedroom afforable housing unit above the church's existing fellowship hall. The property is located at 1235 Mountain View Drive, Parcel A, Block II, West Meadow Subdivision. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on April 16, 1991. City of Aspen Account. Oyefj,iittigl W la H Ei 1 g I 0 U u Q Z • a 0 L • W CC a cD a W 2 0 00 o III II CO in uj II i _ m ' • • • ■ ■■ 0 Tr u E i 4 e.e r■iG IFini j Iii - - f — r I P' , 411111111 1 I 1 1 1 1 -- 17 . 7 I 0 I I < J J W. F 0 U il • U m I o U g Q z N • c D W , W z ¢ W Q . z 0. 0 r , . . CO w O Q a. 1 IP a- A. il d N . fl j ilia — • !i 1HJP1! == = p r. " S II: ft Vt . • _ _ 1 p - -• amai . i ....mill • 1 /M111 El I. 11.1 . B ft ram . .. ra —_ - ,3 I ! i ; . i_. ILI 111.11,11 ■uvu II ill • • . ', .--()_______ • • r I m 0 0 ill I Cr U w • Q z • a C z • w W w L III a (z) a w Z a 0 O 8 mw m i79 a' J Ls r L. M. • 4( e Wirt a411 • EL rill 0 nisi 1 0 • 0- is ,- U L s -- N. 4 rnpr r I II ' a C MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directo 4' FROM: Kim Johnson, Planner DATE: May 26, 1992 RE: Messiah Lutheran Church - Request to Waive Park Development Impact Fees SUMMARY: The Planning Office recommends denial of the request to waive park development impact fees. The deed restricted unit requiring the $3,120.00 fee payment was approved as affordable housing mitigation for the Pitkin County Bank's Growth Management commercial allotment for 1990. PREVIOUS COUNCIL ACTION: At the citizen's comments portion of the May 11 City Council meeting, representatives from the Messiah Lutheran Church asked Council to consider waiver of the park development impact fees. Please refer to Exhibit "A" for letter from the Church. Council directed the applicant and staff to work together to present a formal request to Council. BACKGROUND: In early 1991, the City Council accepted an affordable housing mitigation proposal for the Pitkin County Bank commercial Growth Management allotment. This mitigation plan included the Bank's participation in construction of a new 3 bedroom apartment on the Messiah Lutheran Church property located at 1235 Mountain View Drive. The unit will be deed restricted to Category 2 price and income levels. First rights of occupancy is allowed for Church employees, but other qualified persons may occupy the unit. The Bank was responsible for processing a GMQS Exemption for the housing unit through the Planning Commission and City Council. Ordinance 20, Series 1991 memorializes the approval of the housing unit. CURRENT ISSUES: City Council has recently asked staff to look at park fee waivers and recommend a system by which these requests should be considered. The Planning Office evaluated the processes where affordable housing projects are approved and puts forth a recommendation based on each process category. Please see Exhibit "B ". As the proposed unit at the Church was approved as a required Growth Management housing mitigation program for the Pitkin County Bank, the Planning Office recommends denial of the waiver. In a phone conversation with Scott Smith of Gibson /Reno Architects, 1 r^- • staff learned that the Bank's expansion project will not take place this summer as originally planned. As the Bank's 1990 GMP allocation is valid for three years from approval, there is still the possibility that the commercial square footage will be constructed. FINANCIAL IMPLICATIONS: Without collection of the $3,120.00 fee from this applicant, the financial burden for parks projects funded by these fees will be paid by other developments. RECOMMENDATION: The Planning Office recommends denial of the Parks Development Impact Fee waiver for the three bedroom deed restricted unit required by the Pitkin County Bank GMP approval. ALTERNATIVES: Council could approve a complete or partial waiver of the $3,120.00 fee. PROPOSED MOTION: "I move to deny the Parks Development Impact Fee waiver request by the Messiah Lutheran Church for the three bedroom deed restricted unit approved as part of the 1990 Pitkin County Bank GMP approvals." CITY MANAGER COMMENTS: Exhibits: "A" May 6, 1992 Letter From Messiah Lutheran Church "B" Planning Office Recommendations for Park Fee Waivers 2 MESSIAH LUrKi:RAN CHURCH y `°°°ai it 19 THE LUTHERAN CHURCH — MISSOURI SYNOD By Ordinance 1235 MOUNTAIN VIEW DRIVE ASPEN, COLORADO 81611 n . 303. 925 -7725 "We have found the Messiah (that is, Christ) ° — John 1:41 6 May, 1992 To the Aspen City Council: The congregation of Messiah Lutheran Church, of Aspen are planning to build a parsonage for the housing of our pastor and his family under the affordable housing guidelines. This parsonage is to be a 1400 square foot, 3 bedroom unit built on to the existing church building at 1235 Mountain View Drive, off of Cemetery Lane. Since we could not afford to build a parsonage when our church was constructed 25 years ago, we have been living with the hardship of having our minister live downvalley, depriving our members of local pastoral care and increasing the commuting burden on our pastor. Now that we are ready to apply for a building permit, we would like to request that the City Council waive the $3,120.00 Park Development Impact Fee in accordance with section 5 -606 of the Aspen Land Use Regulations, which empowers the Council to waive this fee for affordable housing units. We would like to request that a hearing before the Council in this matter be added to the agenda for the Council's next meeting on May 11. Because volunteer labor had to be scheduled far ahead of time, our plans call for us to begin construction soon, and a delay until the next Council meeting would be a considerable inconvenience. Thank you for considering this matter. Sincerely, j . 4 Thomas A. Buesch Elder, Messiah Lutheran Church y Connell Zzhibit " 0 By Ordinance 0 >1 >, 0 1 G w w (9 00 + 4. 0 4- 0 0 > 0 N 0 11 t 0 X4 X X+) 0 N 0 y w U � 0 ro as 00 a) KC 4 E b 0 Gb) 0r. w C 0 a) s.4 0 G OG /4 0 00 WNW 0C -, U) 0 -1 .0 0 CO N - e l 4J 4J ) a 34 a C) S w 4 a w m w 4 C Z O b) CO F • ' a 0 v� w 0 w 0 "1 w C0 -•-II I0 0 •'1-NN 0G Gri -rl Nw N0G N0G NU -•1 1/1 -.a0 0 ° aN 0> 0 >0 0> 0 Oro O 4- N G G G 4-) -H 4.3 w G•r1 G•r1 0 G•r1 0 G a o w 0 w 0 0 0+) w f.1 ICJ r. 0 0 0 0) G O w G 0 x O t S1 go, ,k > G w , .coo S U D • .a 0 -el S2 0 3-1 .0 4.) t1 0 SI 0 a) 0 0 w b+ C) b> > 0 w a) >1 ro a) al --E 0 G >, S+ >. $-1 T1 G >, $1 0 G >1 -(-1 CO 0 N > x 4• 0 X e N 1 0 •r 4- w 1 ro +) + • +) 0 •r1 4) +) L 0 - r1 I.1 •r•1 w a w /4 a -r1 N -r1 N +) G •.1 N 0 G -r1 G O w S1 0 ro N w w 0 >+) o N+ N4- --1 O 0 ) 4-) O N w w•r1 O G wa w w•r1 N U G•r1 C -r E N G•r1 X N g0 > s + 0 w 0 14Z - i X C 0 Q w G 0 G • r l 0 0G ro w 0 '= wb' a 0 a0 aw3$40 00 00r-I S4 O o E 3 0.,i 0 c , m 0 �a o0 0 0 O o 0 0 0 0 0 �y•i z z z z z oN v 0 4 *' a s a 0 ,� v 06 V E w 0 0+N) > w -, -r1 ,-1 0 4-1 N N N O '47. 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Owo A RC ••1 o\° o\o r-1 N w b'-r1 04 o\o OP OP ao o \° N TS 0 0 a 0 0 a N 0 0 0 0 0 0 0 a Ow0 In O w0 0 -r1w Nr) Nr) N 0 0 Oa1-1 r1 ax 4 cna ,-1 E4 >44 w c p ousazgy mnmzu-q % 1 1 O 0) N w •r1 b' W b++) >, co o Z)4 Z X +) 00 0 0 .0 R a W GaN G 0 en R 3C3 4)G G . -0-1 1 TSGe) $4 -H G 0 0 0 0 N r-1 V 4 0 g g- )4 -1 a I � .1 4 . 0 0 0 0 o 4 x 4t34P 12/30/91 09:37 Rec $20'' -) .;k:: 665 PG 619 bavis, Pitkin Cnty Cleri c `L.00 ORDINANCE NO.20 (SERIES OF 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION AND VESTING OF DEVELOPMENT RIGHTS FOR A DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE MESSIAH LUTHERAN CHURCH, LOCATED AT 1235 MOUNTAIN VIEW DRIVE (PARCEL A, BLOCK 3 WEST MEADOWS SUBDIVISION) WHEREAS, the Pitkin County Bank on behalf of the Messiah Lutheran Church submitted to the Planning Office an application for amendment of the Church's Conditional Use as well as GMQS Exemption for Affordable Housing and vesting of development rights in order to construct a deed restricted, three bedroom 1,430 square foot unit at the Church property; and WHEREAS, this proposal is in accordance with City Council Resolution #5, Series 1991 which approved the concept of the Bank providing a deed restricted unit at the Church to partially satisfy the Bank's affordable housing requirement resulting from its 1990 Commercial Growth Management allotment; and WHEREAS, the application was reviewed by the Engineering Department, the Fire Marshal, the Housing Authority, and the Planning Office and those agencies submitted referral comments for the Planning Commission's consideration; and WHEREAS, on May 7, 1991 the Aspen Planning and Zoning Commission approved an amendment to the Church's Conditional Use with conditions and forwarded a recommendation to City Council to approve GMQS Exemption for Affordable Housing with Resolution #91- 12; and WHEREAS, pursuant to Section 24 -8 -104 C.1.c. of the Aspen Municipal Code, the City Council may grant approval to GMQS 1 #34002r 2.30/91 09: Fier_ $20.00 ,. a 0 F� 620 Silvia F'it4in CntY C1erF, Doc $��iO Exemption for Affordable Housing; and WHEREAS, pursuant to Section 24 -6 -207 of the Aspen Municipal Code, the City Council may grant vested rights to a development plan for a total of three years from the date of approval; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation, does wish to grant the GMQS Exemption for Affordable Housing and Vesting of Development Rights for three years for the development of a three bedroom 1,430 square foot affordable housing unit at the Messiah Lutheran Church. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant GMQS Exemption for Affordable Housing with the conditions recommended by the Planning and Zoning Commission and as modified by the City Council for a deed restricted, 3 bedroom 1,430 square foot affordable housing unit. Section 2. The conditions of approval which apply to this project are: 1. Prior to issuance of Building Permit, the affordable housing unit must be deed restricted with the Housing Authority and filed with the Pitkin County Clerk and Recorder for Category #2 rental /sales guidelines in place at the time of recordation. Proof of recordation with the County Clerk shall be forwarded to the Planning Office. At the applicant's discretion, the square footage of the unit may be lowered to comply with Category #2 size 2 #340r o /3O /9i 09 :3r Rec $20.i 6 465 PG 621 Pit4in Cnty Clerk, Da $.00 requirements. 2. Occupancy priority shall be given to the Church's minister. However, if necessary for the specific use by the Messiah Lutheran Church's minister and family, the Category #2 asset and income guidelines may be exceeded. 3. In the event that the church minister does not occupy the unit, the church may rent the unit to other occupants who qualify with all of the Category #2 guidelines, provided however that such occupancy shall be by a family related by blood or marriage. 4. The owner (Messiah Lutheran Church) is obligated to keep the units occupied with qualified tenants and is obligated to notify the Housing Authority when the unit is vacant. 5. Prior to the issuance of a building permit, the well water shall be tested for quality and quantity and approved by the Environmental Health Department. 6. Prior to issuance of a building permit, a dust control program for the parking lot shall be submitted to Planning and approved by the Environmental Health Department for implementation by the Church. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 3: That it does hereby grant Vested Rights for the construction 3 1 </30!41 i19•37 Rec. $2C +_: 665 PG 622 Siivi/r bavis, Pitkin Cnty Clerk, ..ac $.00 of this affordable housing unit. The rights granted by the site l specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on the Ordinance shall be held on the ' day of, 1991 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which ( a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the ,Cyty Council of the City of Aspen on the /7)Y day of _% -, , 1991. A 1 1 — John ennett, Mayor AT f ST: '1 Ka tia och, City Clerk FINALLY, adopted, passed and approved this 42 4--1 day of , 1991. `;0 :i , -,, s, 13, --- John B nett, Mayor ATTEST: r� A \ f ate_ 9 Kathryn,: K ch, City • -rk jtkvj /messiah.ord r -,\ CASELOAD SUMMARY SHEET • City of Aspen DATE RECEIVED: 3/14`91 PARCEL ID AND CASE NO. DATE COMPLETE: 3(22/ 5/ ,x73S 0,3 na - n/ a A14 -91 STAFF MEMBER: KJ PROJECT NAME: Messiah Lutheran Church Conditional Use and GMOS Exemption Application Project Address: 1235 Mountain View Drive. Aspen. CO Legal Address: Parcel A, Block II, West Meadow Subdivision APPLICANT: Messiah Lutheran Church Applicant Address: 1235 Mountain View Drive, Aspen, CO REPRESENTATIVE: Vann Associates. Inc.. Sunny Vann Representative Address /Phone: 230 East Hopkins Aspen, CO • PAID: YES NO AMOUNT: N.C. NO. OF COPIES RECEIVEDD 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: /\ P &Z Meeting Date 6/" PUBLIC HEARING: ® NO VESTED RIGHTS: YES NO CC Meeting Date 5 /an PUBLIC HEARING: YES NO • VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: 3412/7/ INITIALS: V 'FINAL ROUTING: DATE ROUTED: y/// INITIALA L- — • City Atty City Engineer Zoning _Env. Health Housing _ Other: FILE STATUS AND LOCATION: 4M B MEMORANDUM TO: Mayor and City Council THROUGH: Carol O'Dowd, City Manager ��� �/ THROUGH: Amy Margerum, Planning Directoy/�� FROM: Kim Johnson Planner l DATE: July 22, 1991 RE: Messiah Lutheran GMQS Exemption for Affordable Housing and Vested Rights; Second Reading of Ordinance 20, Series 1991 SUMMARY: The Planning and Zoning Commission recommends approval of GMQS Exemption for Affordable Housing for the deed restricted three bedroom unit at the Messiah Lutheran Church. The development of this unit will partially satisfy the housing mitigation requirements for the Pitkin County Bank Growth Management 1990 commercial allotment, as proposed and approved in City Council Resolution #5, Series 1991. COUNCIL GOALS: This proposal supports goal 11 to increase affordable housing in the City. BACKGROUND: Staff discussion and related drawings are found in P &Z memo Attachment "A ". STAFF COMMENTS: Section 24 -8-104 C.1.c. allows City Council to grant Growth Management exemption for deed restricted affordable housing upon recommendation from the Planning Commission. Consideration shall be given to the City's need for housing, the number, size and type of units proposed, and the price categories proposed. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission approved the amendment to the Church's Conditional Use permit for the deed restricted unit. The Commission forwards a recommendation for approval of GMQS Exemption for this unit. Conditions of approval are found in Commission Resolution 191 -12, Attachment "B ". KEY ISSUES: At the Commission meeting, concern was raised from neighbors of the Church regarding occupancy of the unit. The neighbors wanted some assurance that if the unit were not occupied by a minister and family, there would be a family living there rather than several unrelated persons. A condition was formulated at the meeting that required the deed restriction to limit occupancy to a family related by blood or marriage. Upon further consideration by Planning and Legal staff and the applicant's representative Sunny Vann, the r R condition was revised not to require the deed restriction to carry this limitation. Instead, the limitation is now worded so that occupancy by a related family is a condition of the Conditional Use approval rather than a Housing Authority deed restriction. This is an effort to not dictate types of occupancy through the general deed restriction process. The Applicant asks, and the Commission recommends that the unit be restricted as a category 3 unit, and in addition, the income and asset guidelines for category 3 may be waived for occupancy by the Church's minister. With this limitation, the Church would not be precluding its current or future minister from occupying the unit because of asset or income, but any other occupancy would have to adhere to the Housing Guidelines. ALTERNATIVES: The Council could alter the price or income status of the unit, or condition the occupancy in other ways. PROPOSED MOTION: I move to have Second Reading of Ordinance 20, Series 1991 for the approval of GMQS Exemption for an affordable housing unit at the Messiah Lutheran Church. CITY MANAGER COMMENTS: Attachments: Ordinance 20 for Consideration "A "- Staff Memo to Planning Commission May 7, 1991 "B "- Planning Commission Resolution #91 -12 jtkvj /messiah.ccmemo 2 ATTACHMENT "A" MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Messiah Lutheran Church - Conditional Use Amendment and GMQS Exemption for Affordable Housing DATE: May 7, 1991 SUMMARY: The Messiah Lutheran Church ( "Applicant ") seeks an amendment to their existing Conditional Use approval. They wish to construct a 1,430 s.f. deed restricted residence as a second floor addition over the existing fellowship hall. Planning Staff recommends approval of this Conditional Use with conditions. APPLICANT: Aspen Bank Shares, Ltd. on behalf of the Messiah Lutheran Church, represented by Sunny Vann LOCATION: 1235 Mountain View Drive, Parcel A, Blk.3 West Meadow Subdivision ZONING: R -15 Moderate Density Residential APPLICANT'S REQUEST: Conditional Use amendment and GMQS Exemption for a deed restricted affordable dwelling unit. PROPOSAL: The proposed deed restricted residence is a 3 bedroom 1,430 sq.ft. apartment to be built above the existing fellowship hall. The unit will be owned by the church for use by the church's minister and family or other employees qualified by the Housing Authority. The church site is 17,368 s.f. and the current building contains approximately 3,630 s.f.of floor area. Approximately 30 on -site parking spaces are provided in front of the church. Please see Attachment "A" for site plan and elevations. REFERRAL COMMENTS: (please see Attachment "B" for complete comments) : Engineering: Rob Thompson made the following comments: 1. The project's water service is provided via a private well. According to the city water department, Section 23 -55 of the municipal code, all buildings, structures, facilities, parks or the like within the city limits which use water shall be 1 Fr- 4. connected to the municipal water utility system. 2. The existing parking area is not formally arranged and probably is not very efficiently utilized. The parking spaces depicted along the south side of the property scales to be less than the minimum required size for off street parking. The applicant has stated that the on -site parking area is usually less than full. Sufficient space should be available to accommodate the parsonage's parking requirement. Staff recommends that the applicant demonstrate that the proposed conditional use minimizes adverse effects, in particular parking and vehicle circulation, on surrounding properties. 3. Given the continuous problems of unapproved work and development in the public rights -of -way, staff would like the following condition of approval: The applicant shall consult city engineering (920 -5080) for design considerations of development within public rights - of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920- 5130). Fire Marshal: During a meeting with staff, Ed Van Walraven looked over the site plan and indicated that no problem will be created regarding access to the structure from the existing hydrant on the street. The building code will address required firewall separation of the residential and church portions of the structure. Housing Authority: Yvonne Blocker forwards the following comments: The proposed unit exceeds the 1,100 s.f. maximum for Category 12 units as per the 1990 Affordable Housing Guidelines. Therefore, the maximum rental or sales prices cannot be greater that the Category #2 prices. However, as their intent is to house present and future ministers, the Applicant requests waiver of the income and asset requirements for the unit. In a recent case specifically for administrative housing for the Aspen Valley Hospital a waiver of this type was granted. The Housing Authority recommends approval of the proposed unit with the following condition: 1. The Applicant will be required to submit for approval a deed restriction to the Housing Authority stipulating the allowed square footage of 1,100 s.f. for a Category #2 rental /sales unit and also stipulating that the unit shall be given priority for occupancy by the minister and family members, and if needed, exceed the allowed Category 12 income and asset standards. Water Department: Staff discussed with Larry Ballenger the 2 Engineering Department's concern over the existing water well service to the Church. It was determined that since the proposed unit is attached to the original structure, a new connection to the City's water line is not required. It was also acknowledged that the proposed development is 100% deed restricted housing, so a tap fee is not required. The Church originally granted a waterline easement to the City in exchange for the right to stay on their own well. The Water Department requests that a new water test be performed to insure quality to the new residence. STAFF COMMENTS: The original Conditional Use approval was granted in 1985. Conditions required for that approval are provided as Attachment "C ". The current proposal seeks to accomplish two objectives. The first is to fulfill the need to provide a housing opportunity for a minister and family within the community. Secondly, you may recall that the Pitkin County Bank received 1990 GMP allocations for commercial square footage with the condition that housing mitigation for 4.7 employees be provided. With Resolution #5, Series 1991, the City Council approved consideration that the Bank could meet this requirement with a three bedroom unit at the Church and cash mitigation for the remaining 1.7 employees. The Bank would be responsible for obtaining all necessary development approvals. Please see Council Resolution #5 as Attachment "D ". The proposed total FAR on the site is 5,060 s. f . This is the maximum allowed for this site using the FAR calculations for duplexes in the R -15 zone. This figure was elected by the Applicant as an acceptable size because there are no FAR calculations for conditional uses in the R -15 district. Staff supports this method of determining maximum size for conditional uses when none are stated in the land use code. Conditional Use: The Commission has the authority to review and approve development applications for substantial amendments to conditional uses pursuant to the standards of Section 24 -7 -307 and 24 -7 -304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house a qualified employee family in a residential area, which complies with the R -15 zoning and the Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed 3 4 f 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. RESPONSE: This proposed residential use is compatible with the other residential uses in the surrounding neighborhood. 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. RESPONSE: The proposed FAR and height of the entire structure falls within the allowed limits for duplexes in the R -15 zone. Parking for residential uses in the R -15 district is one space per bedroom. The original Conditional Use approval for the Church considered four spaces per 1,000 square feet (the highest parking requirement in the Code for "other uses" in other zones) as an appropriate requirement. This represents 15 spaces based on the existing church size of 3,630 square feet. The site has 30 spaces depicted on the currently proposed site plan as does the original Conditional Use plan. The requirement of one space per bedroom (3 spaces) plus 15 spaces based on the "other uses" figure totals a requirement of 18 spaces. Even with the original parking design flaws referenced by Engineering, there is an apparent surplus of spaces on the site. The applicant states that typically no more that 2/3 of the parking lot is utilized. It should be noted that the original Conditional Use approval conditioned that the applicant shall "demonstrate what design techniques will be used to formally designate the parking spaces." A staff site visit revealed that nothing exists to identify spaces in the lot. Staff recommends this requirement be reiterated in the current list of conditions. It is anticipated that no significant impacts will occur with pedestrian or auto traffic, noise, service deliveries, or trash. One neighbor called with concern about visual impacts of the new second story. D. There are adequate public facilities and services to 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. RESPONSE: The private well will remain in use for this site. All other public facilities are in place for the existing neighborhood. The 1985 Conditional Use approval required "no parking" signs as per the City Engineering staff recommendation. There exists a "no parking" sign on the south side of Mountain 4 View Dr. which complies with Engineering's comments at that time. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: This proposal seeks to mitigate housing requirements for the Pitkin County Bank expansion as City Council approved in Resolution #5, 1991. As a deed restricted unit, City Council may grant GMQS Exemption for this proposal. The Commission shall forward a recommendation to Council for this exemption request. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area comprehensive Plan, R -15 Zone requirements and any other applicable conditional use standards. Growth Management Exemption for Affordable Housing: Pursuant to Section 24 -8 -104 C.1.c., the City Council may grant exemption from competition for affordable housing units. They make their decision in consideration of a recommendation from the Planning and Zoning Commission. Having found that the proposal meets the standards for Conditional Use, staff recommends forwarding a recommendation for approval with the conditions listed below. STAFF RECOMMENDATION: Planning recommends approval of this Conditional Use Amendment with the following conditions: 1. Prior to issuance of Building Permit, the affordable housing unit must be deed restricted with the Housing Authority and filed with the Pitkin County Clerk and Recorder for Category #2 rental /sales guidelines in place at the time of recordation. Proof of recordation with the County Clerk shall be forwarded to the Planning Office. 2. Occupancy priority shall be given to the Church's minister. However, if needed for the specific use by the Messiah Lutheran Church's minister and family, the Category #2 guidelines may be exceeded. 3. The owner (Messiah Lutheran Church) is obligated to keep the units occupied with qualified tenants and is obligated to notify the Housing Authority when the unit is vacant. 4. Prior to the issuance of a building permit, the well water shall be tested and approved by the Environmental Health. Department. 5 5. The designation of parking spaces as required in the 1985 Conditional Use approval shall be implemented and approved or thb st prior to issuance of any building permits residence. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission, City Council and Historic Preservation Committee shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Attachment "A" - Floorplan and Elevation Sketches "B" - Referral Agency Comments "C" - Conditions of Approval, 1985 Conditional Use "D" - City Council Resolution 15, 1991 jtkvj /messiah.memo 6 JOHN M. OAKES D v P.O. BOX 5033 CAREFREE AZ, 85733 44}. 6/g Ms Kim Johnson City of Aspen Planning and Zoning 130 So Galena Aspen, Co 81611 Dear Ms Johnson: I, as owner of Lot 8 West Meadow Subdivision, have been advised that you are having a hearing regarding a proposed addition to the Lutheran Church, which is next door to me. We built our house at 1245 Mountain View Drive in 1960 and have lived in it thirty -one years. We approved the first church and then approved the first remodel with the understanding it would be the last request to expand. The addition is a concern to me because of the additional traffic it would cause on our quiet dead -end street. There are other areas of concern, but I just want to go on record at this time as being against approval of any addition to the church. Enough is enough! Or as they would say in church, AMEN. Respectfully, �� sppectfull�y, John Oakes so MESSAGE DISPLAY TO Kim Johnson From: Judy McKenzie Postmark: Apr 30,91 2:14 PM Status: Certified Urgent Subject: Reply to a reply: TAP FOR CHURCH Reply text: From Judy McKenzie: THE ENV HEALTH DEPT WOULD HAVE TO CHECK THE WELL TO SEE IF OK. IF THE WELL IS FAULTY AND THEY WERE TO TAP ON TO THE CITY - BOTH THE CHURCH AND ALL ATTACHED BUILDING WOULD HAVE TO PAY TAP FEES. CALL ME AT 5112 Preceding message: From Kim Johnson: Thanks. Can I ask you for a specific confirmation - the church is in the city limits and is currently on a well. The expansion on the property for a 100% deed restricted housing unit is an attachment to the original structure. So, they are not required to tap into city water for this addition. Yes? Do you want any retesting of the water at this time as was required when the church was built in '85? Sunny Vann says that an agreement was made to exempt the church from tapping on in exchange for an easement - more info forthcoming. From Judy McKenzie: IF A PROPERTY WAS ON A WELL AND IT WAS ANNEXED INTO THE CITY THEY COULD KEEP THEIR WELL AS LONG AS IT PASSES HEALTH STANDARDS. ANY NEW BUILDING IN CITY LIMITS MUST HOOK UP TO CITY WATER. X D ispQSITION: Attachment "C" :re viewed by: Ash PLZ S \2a \ctS City Counci,, ■oo z., -c - Qk - te.aR of /•..43 \ • w- !� 6\.4_ c la.t -A•a.a 1. The applicant will meet the Environmental Health th Department's request that the quality and quantity of the water supply be - tested prior to the issuance of a building permit for the project. 2. The applicant ag rees to remove the existing church buildinc - Prior to the issuance of a Certificate of Occupancy for the new building. 3. The apr:l±cants !rill subnit a landscaping plan to the Planning - Office ',-'rior to issuance cf a building pe_rnit. The plan will (a) derlenstrate what design techniques will be used to formally designate the parking spaces, Co) identify any • trees which are to be removed or relocated, including permission fron the Building Inspector and Parks Director for any such removals, and (c) illustrate how landscaping • will be use.c. to soften the appearance of the structure and screen the parking area. h . `i ' ?Cry c\. t N -- \\ OV 7 : •-c._ Gt,. c.k-, (. A \ 6\--Q- Nn \. -1"-{k e, -.9-3 wL. - S - C Sta : .....\ , \c4 .k l c c1�� \\ k ex�cc � \ C.'..-&%a.�S . ,, _ ‘ e •-- w. \\ ,,,A 2 i't 4l QR"1 C2fLQ u J Ki• nr.k l �..„,.ta C t 1 04/30/91 14:47 A P C HOUSING RUTH. 303 920 5580 P.01 MEMORANDUM TO: Kim Johnson, Planning office FROM: Yvonne Blocker, APCHA DATE: April 29, 1991 RE: Messiah Lutheran Church /Conditional Use Amendment Application n xao��wsm�awwws�w��swwwarr�sw .w.rw+aw�wswwwwrrs� -= eaw PROPOSED DEVELOPMENT - 1. The 1990 Affordable Housing Guidelines ware amended by City Council on December 17, 1990 to allow the maximum buildable square footage of a Category 42 three bedroom unit to be no more than 1,100 sq. ft. According to the guidelines the applicant can propose a unit which is larger than provided for in the guidelines, however, the rental or sale price shall not be greater than that allowable had the housing unit complied with the applicable size limitations. REQUEST TO WAIVE ASSET AND OCCUPANCY REQUIREMENTS FOR CATEGORY 42 - 2. The applicant has stated that the rent will be based on an allowed 1,100 sq.ft Category 42 unit but, the intent is to house future and present ministers of the church and therefore request the waiving of the income and asset requirements for occupancy of the unit. Current guidelines allow net assets of up to $125,000 and a total household income not to exceed $46,092 for a Category 42 unit. Recently, the request to rent a unit in a given category but, to allow the occupancy of a specific individual that may exceed the guidelines attached to that category, was approved with the administrative housing developed by the Aspen Valley Hospital. RECOMMENDATIONS: Recommend approval of the construction of a 1,430 square foot three bedroom attached affordable dwelling unit to be owned by the Messiah Lutheran Church and located on the real property at 1235 Mountain View Drive. Applicant will be required to submit for approval a deed restriction to APCHA stipulating the allowed square footage of 1,100 square feet for a Category 42 rental /sales unit and also stipulate that the unit shall be given priority for occupancy by the minister and family members but shall, if needed, exceed the allowed Category 42 income and asset standards. • c©LEo \E APR- ea MEMORANDUM 9 To: Kim Johnson, Planning Department o From: Rob Thomson, Project Engineer S 1 Date: April 9, 1991 Re: Messiah Lutheran Church Conditional Use Amendment and GMQS Exemption Having reviewed the above application, and having made a site inspection, the Engineering Department has the following comments: 1. This unit is being provided as partial mitigation of the employees to be generated by the proposed addition to the Pitkin County Bank, deed restricted as affordable housing and approved by city council. Therefore it complies with the requirements of GMQS exemption. However, the city council approved that the proposed deed restricted unit will provide housing for three employees and the application states that the unit will be used to house the church's minister and family, which I interpret to mean one employee. 2. With reference to page two of the application the project site's water service is provided via a private well. According to the city water department, Section 23 -55 of the municipal code, all buildings, structures, facilities, parks or the like within the city limits which use water shall be connected to the municipal water utility system. 3. The parking requirement for all affordable housing shall be established by special review. The existing parking area is not formally arranged and probably is not very efficiently utilized. The parking spaces depicted along the south side of the property scales to be less than the minimum required size for off street parking. In addition the fire department may require fire apparatus access including turning lanes which may further reduce the amount of off street parking. The applicant has stated that the on -site parking area is usually less than full, sufficient space should be available to accommodate the parsonage's parking requirement. Staff recommends that the applicant demonstrate that the proposed conditional use minimizes adverse effects, in particular .parking and vehicle circulation, on surrounding properties. • 4. Given the continuous problems of unapproved wu:k and development in the public rights -of -way, staff would like the following condition of approval: The applicant shall consult city engineering (920- 5C`?0) for design considerations of development within public :ights- of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920- 5130). cc Chuck Roth, City Engineer rt /memo91.27 Attachment "A" VANN ASSOCIATES. INC. March 12, 1991 HAND DELIVERED Ms. Kim Johnson Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Messiah Lutheran Church /Conditional Use Amendment Application Dear Kim: Please consider this letter an application for an amendment to the Messiah Lutheran Church conditional use approval which was granted in May of 1985 by the Aspen Planning and Zoning Commission (see Pre - Application Conference Summary attached hereto as Exhibit 1). More specifically, the application requests approval to add a deed restricted, affordable housing unit to the existing church which will be used as a parsonage for the church's minister. In addition, the application requests an exemption from the City's growth management quota system for the proposed affordable housing unit and vested property rights status for all development approvals. The application is submitted pursuant to Sections 7 -307.B and 8- 104.C.1.c. of the Aspen Land Use Regulations by Aspen Bank Shares, Ltd. (dba, Pitkin County Bank & Trust Company) on behalf of the Messiah Lutheran Church, the owner of the property on which the unit is to be constructed (see Exhibit 2, Title Policy). The Applicants' representative is Sunny Vann of Vann Associates, Inc., Planning Consultants (see Exhibit 3, Permission to Represent). A list of property owners within three hundred (300) feet of the church's property is attached as Exhibit 4. Background In February of 1991, the City Council approved an affordable housing mitigation plan for the Pitkin County Bank & Trust Company's 1990 commercial GMQS allotment (see Exhibit 5, City 230 East • Hopkins Avenue • aspen. Co,oraao 81611 • 303,925 -6958 Ms. Kim Johnson March 12, 1991 Page 2 Council Resolution No. 5, Series of 1991). The mitigation plan requires that the bank mitigate the housing impact of the 4.7 additional employees which theoretically will be generated as a result of the bank's expansion. Credit for housing three (3) of these employees is to be obtained via the addition of a three (3) bedroom, affordable housing unit to the Messiah Lutheran Church. The housing impact of the remaining 1.7 employees is to be mitigated via a cash -in -lieu payment. As the church was constructed pursuant to a prior conditional use approval, the approval must be amended in order to add the required affordable housing unit to the existing church building. As you know, the bank also committed as part of its housing mitigation plan to obtain, on behalf of the church, such land use approvals as may be required in order to construct the proposed affordable housing unit. Project site The church's property consists of Parcel A, Block II, West Meadow Subdivision and is located at 1235 Mountain View Drive. As the accompanying survey illustrates, the property contains seventeen thousand three hundred and sixty -eight (17,368) square feet of land area and is zoned R -15, Moder- ate- Density Residential. Existing improvements are limited to the one -story church building which contains approximately three thousand six hundred and thirty (3,630) square feet of floor area. On- site parking for approximately thirty (30) cars is provided in front of the church building. Existing electric, sewer and natural gas service is provided by the City of Aspen, the Aspen Consolidated Sanitation District, and Rocky Mountain Natural Gas, respectively. Water service is provided via a private well. Proposed Development Pursuant to the provisions of the approved housing mitigation plan, the Messiah Lutheran Church proposes to construct an approximately fourteen hundred and thirty (1,430) square foot, three (3) bedroom, affordable housing unit above the church's existing fellowship hall. The unit will be owned by the church and will be used to house the church's minister and family. The church, however, may also rent or sell the unit to other qualified employees subject to applicable Housing Authority guidelines. , Ms. Kim Johnson March 12, 1991 Page 3 As Table 1 below illustrates, the size of the unit has been determined by subtracting the floor area of the existing church building from the maximum allowable floor area permitted for a duplex. This approach was recommended by the Planning Office as there are no FAR requirements for non- residential structures in the R -15 zone district. Table 1 Development Data 1. Existing Zoning R -15, Residential 2. Total Site Area (Sq. Ft.)1 17,370 3. Existing Floor Area (Sq. Ft.) 3,630 4. Maximum Allowable Floor Area (Sq. Ft.) 5,060 5. Proposed Affordable Housing Unit 1,430 Floor Area (Sq. Ft.) 6. Minimum Required Setbacks (Ft.) Front Yard 30 Side Yards 10 Rear Yard 20 7. Maximum Allowable Building Height (Ft.) 30 8. Proposed Building Height (Ft.) 28 1 All numbers have been rounded to the nearest ten (10) square feet. 2 Based on duplex requirements. 3 The ridge of a hip roof may extend five (5) feet above the R -15 zone district's maximum height limit of twenty - five (25) feet. The church proposes to deed restrict the affordable housing unit to the Housing Authority's moderate income (i.e., Category #2) guidelines. While the maximum allowable size of a three bedroom, category #2 unit is limited to twelve hundred (1,200) square feet, this guideline may be exceeded provided, however, that the unit's rental or sales price is Ms. Kim Johnson March 12, 1991 Page 4 based upon the maximum size limitation. The church is amenable to limiting the square footage on which rent may be charged in exchange for approval to construct a larger unit, as the additional area is necessary to adequately accommodate the minister's family. Pursuant to condition #4 of the attached City Council resolution, the church will execute and record an appropriate deed restriction prior to the issuance of any building permits for the affordable housing unit or the approved bank addition. As the intent of the unit to provide housing for the church's present and future ministers, the church proposes to exclude all such employees from the Housing Authority's income and asset qualification requirements. This stipulation is necessary to ensure that the unit can be utilized for its intended purpose. Should the church elect to rent or sell the unit to someone other than its minister, the prospective resident will have to meet all applicable Housing Authority guidelines, including income and asset requirements. As the accompanying site development plan and schematic architectural drawings illustrate, the proposed affordable housing unit complies with all applicable dimensional requirements of the R -15 zone district. The maximum height of the new addition will be limited to twenty -eight (28) feet, and all setbacks meet or exceed district requirements. Building materials and finishes will be identical to those used in the construction of the existing church building. The church's existing utilities will also serve the proposed affordable housing unit. With respect to parking, approximately thirty (30) spaces are presently provided on -site for the church's congregation. This parking was approved in connection with the church's original conditional use application and is normally more than adequate for the church's needs. As a rule, no more than two- thirds of the spaces are regularly utilized. It should be noted, however, that on- street parking sometimes occurs during certain holiday periods (e.g., Christmas services, etc.). As the on -site parking area is usually less than full, sufficient space should be available to accommo- date the parsonage's parking requirements. Conditional Use Review Pursuant to Section 7- 307.B. of the Regulations, an amendment to an approved conditional use is subject to the review and approval of the Planning and Zoning Commission. The applica- Ms. Kim Johnson March 12, 1991 Page 5 ble review criteria, and the proposed affordable housing unit's compliance therewith, are summarized below. 1. "The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehen- sive plan, and with the intent of the Zone District in which it is proposed to be located." Residential dwelling units are permitted by right within the R -15, moderate - density, zone district. The proposed afford- able housing unit, therefore, is consistent with the intent of the R -15 zone district. The proposed unit is also consistent with the City's policy of encouraging the volun- tary development of such units throughout it's residential neighborhoods. 2. "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 vicinity of the parcel proposed for development." The area immediately surrounding the church property is devoted entirely to residential uses. The addition of an affordable housing unit to the church is a desirable compli- ment to free market residential development and, as discussed above, consistent with current community goals and objec- tives. 3. "The location, size, design and operating characteris- tics of the proposed conditional use minimises adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties." The addition of an affordable housing unit to the existing church building should have little or no adverse impact upon surrounding properties. The proposed addition is within the R -15 zone district's maximum allowable height and floor area limitations, and the building's existing setbacks meet or exceed applicable requirements. While the proposed unit will arguably increase the level of traffic on Mountain View Drive, the Engineering Department has indicated that the street can accommodate additional vehicles. As noted previously, adequate parking presently exists on -site to serve the existing church congregation and the proposed unit. 4. "There are adequate public facilities and services to serve the conditional use including but not limited to roads, Ms. Kim Johnson March 12, 1991 Page 6 potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools.° As discussed previously, all utilities and the public road system are available to serve the proposed affordable housing unit. Given the limited nature of the use, no adverse impacts on such public facilities and services as hospitals, schools, police, etc. is anticipated. 5. °The Applicants commit to supply affordable housing to meet the incremental need for increased employees generated by the condition use.° The proposed affordable housing unit is exempt from growth management. As a result, no additional employees are assumed by the Land Use Regulations to be generated as a result of the unit's construction. To the contrary, the unit is being provided as partial mitigation of the employees to be generated by the proposed addition to the Pitkin County Bank. 6. °The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Compre- hensive Plan and by all other applicable requirements of this chapter.° As discussed under criteria #1 above, the proposed affordable housing unit is consistent with the Aspen Area Comprehensive Plan, the purpose of the underlying zone district, and the specific standards which govern such uses. In addition, the unit has been designed in compliance with all applicable dimensional requirements of the R -15 Zone District, and will be deed restricted in compliance with Housing Authority guidelines. Growth Management Exemption Pursuant to Section 8- 104.C.1.c. of the Regulations, all housing units deed restricted in accordance with the Housing Authority's guidelines are exempt from the growth management quota system subject to the review and approval of the City Council. While the bank's affordable housing mitigation plan has been approved by the Council (see Council Resolution No. 5, Series of 1991), the specifics of the proposed unit must also be reviewed and approved by the Planning and Zoning Commission. As the review criteria for such exemptions pertain primarily to the unit's conformance with Housing Authority guidelines, a favorable recommendation for approval Ms. Kim Johnson March 12, 1991 Page 7 from the Authority's staff should be sufficient to demon- strate compliance with the provisions of this section. As the church wishes to commence construction of the proposed affordable housing unit as soon as possible, any assistance which you may be able to provide with respect to the schedul- ing and review of this application would be sincerely apprec- iated. Should you have any questions, or require additional informa- tion, please do not hesitate to call. Very truly yours, VANN ASSOCIATES, INC. Sunny V , AICP SV:cwv Attachments � = _�� - =_jp� I�.COI y .L . -,,7_ • 1 . pMGPt LINE _� • 7-1%4.7164- FuTE[G.uNe I . b E I -- __ — � - - : . .p 1 I •• b. NRTEALINE ,,..., f • D. - I1J 3 . J I • \ \ 1 ,ge armaua SO au \ . WO itharaING::. . a'XI STING dips. 1 e uuu i : • o ' 1; . 1 I ..\\ . _ .: . ' 4 A . 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RENO • ARCHITECTS August 10, 1990 MESSIAH LUTHERAN CHURCH ASPEN, COLORADO ZONING ANALYSIS Lot Size 17,368 S.F. / Existing Building 3,631 S.F. Zone District R -15 (Condition use = Church) Actual or Proposed Minimum Lot Size 15,000 S.F. 17,368 S.F. Minimum Lot Width 75 ft. 104 ft. Minimum Front Yard 30 ft. 82 ft. Minimum Side Yard 10 ft. 12 ft. Minimum Rear Yard * 20 ft. 10 ft. ** 10 ft. 10 ft. Maximum Building Height 30 ft. 27 ft. (To Ridge) Floor Area Allowed 4,642 S.F. * ** 1,011 Proposed Remaining 1,610 * Required for Church ** Required for single family * ** If floor area proposed is in excess of number, a variance is required; Unit would have to be deed restricted as employee housing 418 E. COOPER AVENUE • ASPEN. COLORADO 81811 • 303/925 -5968 • FAX 303/925 -5983 -_ _ , II pi _ pfi 'CR1 LING ----- a - / rnii 444 701S Lila x - 1, vrc.4.2 -sr ti9 ••1 IY 1$ i b I'.�/'TEJiLtNE E /4r• EM AYr �� I -4----_ _ - ,. 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