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Land Use Case.401 E Cooper Ave.44-81
93Sa/ a MEMORANDUM • • TO: Aspen City Council • FROM: Jack Johnson, Planning Office RE: Park Place nary Plat (PUD) L;' - DATE: June 22, 1981 APPROVED AS TO FORM , c' , 4U;',(- 54/ AIR NOTE: This application is companion to the Park Place Development Subdivision Exception and Exemption Location: Lots A, B, C and D, Block 90, City and Townsite -of Aspen (located between the Guino Meyer Building and the Mill Street Mall on Cooper Mall ) . • Zoning,: CC - Commercial Core (HP Overlay) History: The HPC reviewed and approved changes to the facade of - the building on May 4th. The City Council approved the facade changes and a slight shifting of the footprint of • the building on May 11th, and in so doing reaffirmed the 1981 commercial GMP allotment for the Park Place Building. Background and Applicant's Request: On November 24, 1980, City Council , upon recommendation of the P & Z, approved a GMP commercial allotment of 8,800 square feet for the Park Place Building proposal.. Addi- tional approvals necessary in order to further the Park Place Building proposal as conceptually approved include: Sec. 24-8.3(a) - Final plat approval under PUD (PUD necessary to consider waivers to the structural encroachment into the Wheeler Opera House and Wagner Park view planes and a reduction in the total 25% open space requirement as per Code) . Sec. 24-3.4 - Special review to utilize additional .5:1 FAR bonus in CC zone district (may be considered provided the residen- tial space is in accordance with adopted housing price guideline's for low, moderate or middle income housing) . Sec. 24-4.5 - Review by P & Z and Council to determine appropriateness of parking needs for four one-bedroom employee housing units. (Applicant requests that no parking requirements be imposed on this project. ) Sec. 24-11.2(g) - Exemption of the four middle income deed restricted em- ployee housing units from GMP pursuant to density bonus provisions of the Municipal Code (Sec. 24-3.4 as requested above). Referral Comments: Rocky Mountain Natural Gas - A meter and service line to serve the Aspen Leaf Sports is located at the southeast corner of these buildings. This would facilitate the moving of the unit. City Water Department - Water is available to this site from an existing 3/4" line. Connection is permitted upon applica- tion for a tap permit and payment of P. I .F. , less credit for existing service. • Aspen Sanitation District - No problem foreseen in providing sanitation service to these additional four one-bedroom apart- ments. AMMEIr Memo: Park Place Preliltkary Plat (PUD) June 22, 1981 Page Two Attorney's Office - Employee housing requested is middle income level ; the Council is hesitant to grant the middle level and has demanded low or moderate. Parking for employee housing must be dealth with. • Prior to acceptance of final plat, applicant must enter into a subdivision/PUD agreement as required by Sections 24-8.6 and 20-16(c) , including an open-space and common facilities maintenance agreement required by Section 24-8. 19, if applicable. I cannot find any authority for the City approving a plat which is not final , contingent upon the final plat being pre- sented after the improvements are in place. I note that Section 24-8.26 sets forth the guidelines for amendments to the PUD plan. Under Section 24-11.2(g) all employee units constructed in the commercial , office and lodge districts pursuant to the . density bonus provisions are exempt from the Growth Management .Quota System provided the housing units are constructed and deed restricted in accordance with the provisions of Section 24-11.4(b)(3) . Pursuant to Section 24-3.4, in the CC zone a .5:1 bonus floor area ratio may be considered by special review with .2:1 addi- tional commercial space if .3:1 of the space is approved for • residential space in accordance with adopted housing price guidelines for low, moderate and middle income housing. I note that the application seeks a .51: 1 ratio rather than .5:1. I see no authority in the code for extending the ratio unless P & Z or the City Council , as a matter of policy, decides to i afford some leeway by rounding off fractions. Engineering Department - The structure will require variance of both open space and height limitations in the CC zone sub- ject to view plane restrictions. At the time this site came in for GMP allocation, this office was concerned about adequate trash facilities, but the current plan seems to address these - concerns. In terms of height limitations and open space, these scn- cerns were viewed at the time the applicant submitted the proposal for GMP allocation, The structure , although stepped and reduced along the Cooper Street frontage, still extends slightly into the existing view planes. The design also results in minimal open space, much less than the 25% required in the CC zone. The resulting design, however, represents a compromise between less open space and less overall bulk to accommodate the view plane limitations as much as possible. A stepped design with the second story located to the southerly portion of the site serves to reduce the visible bulk significantly, and while the pro- ' posed structure does protrude into the applicable view planes , the actual portion of the structure visible from the view plane base points will be minimal due to existing structures which now obstruct the view planes substantially. •k The Wheeler Opera House View Plane, for instance, which creates the greatest intrusion on the site, is already blocked by the Golden Horn. As a result, the Engineering Department has no problem with the _necessary variances under P.U.D. Having reviewed-the final plat for the Park Place development revised on May 22, 1981, we find it to be complete. Per our . discussion with Paul Taddure, the plat as submitted should be recorded prior to issuance of the building permit. Recorda- tion would require addition of the required certificates and submittal of two mylar copies to this office. Memo: Park Place Preliminary Plat (PUD) June 22, 1981 Page Three Planning Office - In addition to the 8,800 square feet of commercial space granted through GMP, the conceptual plan • for the Park Place Building proposed 3,032 square feet of employee housing space. The four one-bedroom employee units, approximately 750 square feet each, will be deed 3©`?j2-, y g OlQ restricted to the middle income guidelines of the City according to this proposal . The P & Z and Council generally 006 Q promote employe housing restrictions at the low and moderate • income levels as opposed to the middle income level . Extra points were awarded due to the inclusion of a housing com- ponent in this commercial GMP application, however, points • were not tallied on an income level basis. Waivers to the height restrictions in the Wheeler Opera House and Wagner Park view planes is necessary in order to accommodate the second story employee housing component of this project. These view planes are partially obstructed in this vicinity already; therefore, this tradeoff appears worthy. The applicant proposes to utilize all of the available .5:1 FAR bonus (if granted) for employee housing with no increase in commercial square footage (as permitted by Code; .2:1 to commercial if .3:1 is deed restricted residential ) in exchange for waiving the 25% open space requirement of the CC zone district. Little open space exists along the store- front section of the Cooper Street Mall . Wagner Park and Rubey Park are in close proximity. Special review of both the additional .5:1 FAR bonus request and appropriateness of parking needs for the four one-bedroom units is necessary. The FAR bonus will permit the construc- tion of the second story employee housing. The need for parking must be determined; however, location on the down- town mall and being adjacent to the Rubey Park transit terminal are both strong considerations for a waiver to parking requirements. The Special Review Criteria in Sec. 24-3.5 have .been assessed and indicate no significant problems. An exemption from GMP for these four one-bedroom employee units seems appropriate. A determination as to whether middle income guidelines versus low or moderate guidelines may be an outstanding question. Planning Office Recommendation: 1. Approval of the Final Plat (PUD) including waivers to the Wheeler Opera Houseand Wagner park view places, and a waiver to the 25% open space requirement in the CC zone. • 2. Approval of Special Review to utilize additional .5:1 FAR bonus in the CC zone for four deed restricted employee housing units. 3. Approval of Review to waiver parking needs of the four one- A bedroom employee units . • 4. Approval of the Exemption of four one-bedroom employee housing units from GMP: • P & Z Action: At their regular meeting of May 19, 1981, the Planning and Zoning Commission approved the Park Place Preliminary Plat (PUD) and recommended approval of items 1 through 4 as listed under Planning Office Recommendations. Additionally, the P & Z recommended that the four employee housing units should tie deed restricted at the moderate income guidelines. Memo: Park Place Preliminary Plat (PUD) June 22, 1931 Page Four • • City Council Action: Should City Council concur with recommendations of the Planning and Zoning Commission the appropriate motion would be as follows: "I move to approve the Final Plat (PUD) including waivers to the Wheeler Opera House and Wagner Park view planes, and a waiver to the 25% open space requirement in the CC zone, and approval of Special Review to utilize additional . 5:1 FAR bonus in •the CC zone for four deed restricted employee housing units , approval of review to waiver parking needs of the four one-bedroorlployee units provided employee units are restricted to income guidelines , and approval _ of the Exemption of four one-bedroom employee housing units from GMP, subject to the following conditions : 1. Prior to acceptance of Final Plat, applicant must enter into a subdivision/PUD agreement as required by Sections 24-8.6 and 20-16(c) , including an open-space and common • facilities maintenance agreement required by Section 24-8. 19 if applicable, and 2. Recordation of Final Plat prior to issuance of a building permit." \\\ Ca 2 ck • • • • • • No. '7 °y tP/ CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 57a gel STAFF: 3n e k 2. APPLICANT: -the Pai (-C. sn O I % v 3. 'REPRESENTATIVE: A1(Irextr fG :1( t ) ! I �"itZC Jd T: . �)edSy? r Ot ) 4%2O .;t- /"I yn ::rtt , Ur'rtue1 Ai ictiY'tJ fic9 s '�7/�. 4. PROJECT NAME: Pa h k 1 lci 30 )4 .. i 7 j- /f 5. LOCATION: VoCt t Si m tLvtrt Gl< a PHIL s is �tv tt f)', I 4:30; k ; ^ U11 C •,�.� t.,, ;ft `ti°f (1' i iI1 6. TYPE OF APPLICATION: Rezoning X Subdivision _Stream Margin �( P.U.D. Exception 8040 Greenline XSpecial Review Exemption View Plane Growth Management 70:30 • Conditional Use HPC // Residential Bonus Other • Ea`GIti'fpfriell cP 90- f.1 f* b/j /) ' Qf /, writ! OtpS :l a" c,Yetit trin - (o kiMt (- ult av, :riff 7. REFERRALS: \ Attorney Sanitation District School District `/ Engineering Dept. Mountain Bell _Rocky Mtn. Nat. Gas _Housing Parks _State Highway Dept. _Water Holy Cross Electric Other City Electric Fire Marshal/Building Dept. 8. REVIEW REQUIREMENTS: • 9. DISPOSITION: P & Z Approved Denied Date Council X Approved X Denied Date June 22, 1981 City Council approved Park Place Final Plat (PUD) Special Review for .5:FAR Bonus Waiver of parking needs " " " Exemption from GMP for Employee Housing subject to: 1 . Prior to acceptance of final plat, applicant must enter into a subdivision/PUD Agreement. 2. Recordation of a final plat prior to issuance of a building permit. 10. ROUTING: XAttorney Building Engineering Other I