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HomeMy WebLinkAboutcoa.lu.gm.Vincenti,John 1015 E Hyman.1981 IC181 1981 RESIDENTIAL GROWTH MANAGEMENT PLAN SUBMISSION - PROJECT PROFILE 1. Applicant: John Vincenti 2: Project Name: 1015 East Hymn: Avenue 3. Location: Hyman Avenue between Cleveland and th'e Roaring Fork River 4. Parcel Size: 9,000 Square Feet 5. Current Zoning: R-MF 6. Existing Structures: There are presently two - 2 bedroom units adjacent to the vacant lot which is the subject property. 7. Development Program: The applicant proposes to add three units to the • site - two additional 2 bedroom units and one studio while also retaining the existing units. One 2 bedroom unit is proposed as a free market unit, while the other 2 bedroom unit and the studio are to be restricted to low income guidelines. 8. Special Review Requirements: Special review for employee units and employee parking, subdivision exception, condominiumization. 9. Miscellaneous: While 2 of the 3 units will be employee housing units, only 55% of the total floor area and 58% of the total bedrooms will be so restricted. MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: 1015 East Hyman Avenue - Exemption of Employee Units from the GMP; Exception from Subdivision DATE: July 31 , 1981 APPROVED AS TO FOR • / A / Zoning: R-MF Lot Size: 9,000 square feet Location: Hyman Avenue between Cleveland and the Roaring Fork River Background: This project is one which received an allocation during the 1981 Residential GMP competition. There are presently two 2-bedroom units located on this parcel . The applicant proposes to add three units to the site; two additional 2-bedroom units and one studio. This proposal does meet the underlying zone district regulations in terms of minimum lot area per dwelling unit (9000 square feet needed) and floor area ratio (9000 square feet available, 8250 square feet to be built) . A GMP alloca- tion has been given for one of the 2-bedroom units. The applicant is now requesting that the two bedroom employee unit and the studio employee unit be exempted from the GMP, as provided in Section 24-11 .2(h) of the Code. The applicant is also requesting an exception from full subdivision procedures as provided in Section 20-19 of the Code. Employee Housing The Code states that your approval shall include a determination Review Criteria: of community need considering, but not limited to, the number of units, and the rental/sale mix of the development. In response to these criteria, the applicant has indicated that: 1 ) Both units will be restricted to low income rental or sale price guidelines; and that 2) Despite the fact that both units exceed the maximum size guidelines for their type, the applicant will scale their rents solely on the maximum square footage provision of the housing guidelines. The Planning Office feels that this project represents pre- cisely the type of GMP application originally envisioned by City policymakers. It provides two low income deed restricted employee units in exchange for a single free market unit, thereby creating dispersed employee units in a small , low impact setting. The Planning and Zoning Commission concurred in this determination and recommended that you exempt these units from competition under the GMP. The Planning Office would strongly recommend that you exempt both employee units from the GMP, subject to the following conditions: 1 ) The applicant providing deed restrictions which are approved as to form and content by the City Attorney which limit the single studio and the single two bedroom unit to low income housing guidelines and occupancy limits. The price guidelines to which the units are restricted shall be those which are in place for new units at the time of approval of the exemption from GMP by City Council . The units shall be eligible thereafter for annual price adjust- ments as existing units, according to the approved rates of the City of Aspen. 2) The applicant recording the building plans for the employee units to insure that they are built as originally proposed in the GMP submission. Memo: 1015 East Hyman Avenue - Exemption of Employee Units from the GMP; Exception from Subdivision Page Two July 31 , 1981 Subdivision Section 20-3(s) of the Code defines multifamily development as Exception: a subdivision. However, at the time of the public hearing for the GMP competition, P & Z heard the applicant's conceptual pre- sentation, while Council concurred with P & Z's recommendation at its subsequent meeting by allocating a development right to this project. It would therefore be unnecessarily redundant to require full subdivision review for this application. It is important, at this phase of the review, for Council to consider those aspects of the proposal which emerged during the GMP review and for which the applicant received points during the competition. The review comments received at that time include: 1 ) The Engineering Department noted that the curb cut located on Hyman Street may exceed the Code requirement (Section 20-101 ) that cuts be a maximum of either one eighteen-foot wide cut or two ten-foot cuts in the RMF zone. 2) The Engineering Department further noted that the applicant's proposal to handle drainage through surface absorption would not be adequate, and that the alternative suggested by the applicant -- a dry well -- should be employed. 3) The Environmental Health Department commented that any fire- place units installed in the structure be designed with energy conservation in mind and that the numbers of installa- tions be limited to minimize air pollution impacts of the project. The Planning Office further notes that the appli- cant proposed several energy conservation features in the GMP application which should be included in the final design of the building, including: - insulation characteristics to exceed the Code; - maximization of south-facing glass; and - domestic hot water collectors on the free market unit, and; if possible, the employee units. 4) The Planning Office comments that since this project represents new residential development, that park dedication fees are required, as specified in Section 20-18 of the Code. This section indicates, however, that City Council may exempt the development from these fees if a low or moderate income subdivision is proposed. The Planning Office feels that it is appropriate to require park dedication fees only for the free market unit and not for the employee units. Planning Office The Planning Office recommends that you approve the applicant's Recommendation: request that the two employee units be exempt from the GMP and that you approve the request for subdivision exception. The Planning and Zoning Commission concurred with this recommenda- tion at their meeting on May 5, 1981 . Council Action: Should you concur with the recommendations of the Planning Office and P & Z, the appropriate motion is as follows: "I move to approve the request to exempt the two employee units and to grant subdivision exception approval to the 1015 East Hyman Avenue development, subject to the following conditions: 1 ) The applicant providing deed restrictions which are approved as to form and content by the City Attorney which limit the single studio and the single two bedroom unit to low income housing guidelines and occupancy limits. The price guide- lines to which the units are restricted shall be those which are in place for new units at the time of approval of the exemption from GMP by City Council . The units shall be eligible thereafter for annual price adjustments as existing units, according to the approved rates of the City of Aspen. Memo: 1015 East Hyman Avenue - Exemption of Employee Units from the GMP; Exception from Subdivision Page Three July 31 , 1981 2) The applicant recording the building plans for the employee units to insure that they are built as originally proposed in the GMP submission. 3) The applicant not exceeding the Code requirement that curb cuts in the R-MF zone be limited to a width of 18 feet or two ten-foot cuts; 4) The applicant agreeing to provide a dry well for drainage; 5) The applicant agreeing to install the energy conservation measures outlined in the original GMP application for the free market units and permitting energy efficient stoves to be installed in the employee units if approved by the Environmental Health Department. 6) The applicant agreeing to a cash payment or land dedication to meet the park dedication requirements for the free market unit, The precise arrangement for these fees will be com- puted by the Building Inspector at such time that a building permit for the project is requested." I i:;- „ 'it • 1 i tih, rn 9 /% 1089 il 1.- Pe:a/ P:T*1\1GO. Iljecooat 17 , 1 s, ,.. .ri_A. . -.‘: M‘ifV3OFFICE • slideon 4aut;T:an, br5d. . . . , . . oil uest . ain tracd: Aspen , Colorado hi nil near LiAenh : i nave your lett€r oi iJeci_n•n- ih reglrInc ::::;(:. Vincenti L.ondo- 71:iniunt2. nace Jinco:2saa dt lans:tn , 1 construe L.ention 20-21 to clear- .17 require that any caannn to a recorded Flat be processel in ccoro;Jace ‘..ltn the oubeivision regulptionn contaiaeo in Chaater zu or the vunicipal Co,:la. You know also that it is nv interpreta- tion that a conacn%ininn a t,,,lis witnin tt:a d(4init1on at ..5t final subdivision Oat which !gust be anroved by the City Council unless an axerption Lro:• the nubcIvthien re9ulationo is acanted . This interpretation anC construction of Section 20-21 has been the con- oiotont r,olicy of my oLiice since I 17,ncav,e City i;ttorney . our letter states that the sulprieff:ental Llaia and declaration for toe Vincent! Condoninium‘a re flies in accordance vdt,L bind in reliance upon 0.7oceclures estanlished cv my iiredecesunr, Ron Stock. An von Knou, it Lien not ocea Jiy 5-ractice to cdande prevlousiv establishen policies and i,ractic,as in !licstrean, edpecially when tht-,re h-in vpecn ceilanec. Accordinely, 1 se no real:en an ti,is :taint to r.liorarc. your ruresentationc dna atte:fl.pt to unsettiP the rcenrcaLloel . ! vet , you ate adviseh thort fro this point cc It is Lac ia,O_tion of tams ottice that any change to e' recorded .)iat , ,,,,bc/chc..r it : .. ::: ce)naoirliniu or otnerwis , i•aat be procens,a,o throunh the City uubaivioinn re ,ultions. gy curl) of chi:.; iettm: I F41• advi':.ihq he COLMLY Clerk awl cecorcer tnat snn should not accevt a :..ndr.ients to recorded piets without; ::,cy.:,e inciicotion ntet the ,-±rr.:ThCu 1; ;e7-Ivi= t 15 in rnh,:,.cliance witil Lhe City huudiviolon roeulatinns . • • • . • Vi ' truiy yoLics , l'aui J. l'cidilune city :.1: ijtny k*j .',L.w cc : Loanc;. Clerk ,sii6. .. ca-,:-,,?i. .—t*tTcrlidri:i 2iraeaL . MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Amendment to Employee Housing Guidelines Regarding 1015 E. Hyman // if DATE: October 5, 1982 APPROVED AS TO FORM: 1' ' ' ' v if In 1981 you granted final approval to a project at 1015 E. Hy . Avenue I had previously received a GMP allocation. The project consis 'd of a fr•e market and two employee units , along with a free market duplex built outside of the GMP. These units have been built and the developer is now trying to get the employee studio and two bedroom units occupied. However, a problem associated with our guidelines has hindered the accomplishment of this objective. The two units have been limited to low income sales guidelines. At the time the units were proposed, the City had no income occupancy guidelines. As a result, we did not recongize the problem that the units are sized at or beyond the maximum square footage for their room category and therefore are unaffordable by persons within the low income occupancy guideline. The developer is therefore asking that you allow him to sell the units to persons in the moderate or middle income occupancy guideline, while continuing to offer the unit at the low income sales guideline. The Planning Office is in favor of this solution and recommends that you move to allow the applicant this flexibility. This situation also points out a loophole in our employee housing guidelines which we intend to rectify. When approached by a representative of the applicant, the Planning Office indicated that we do not customarily require that GMP appli- cants qualify prospective renters and purchasers and market their units through the Housing Office. However, it is clear that if we want to ensure that employee units are offered to the widest audience and are occupied by the proper persons this is the proper approach to take. However, we also need to give consideration to the developer of the small mixed free market/employee housing project who may want some say in the composition of the project by offering prospective employees to the Housing Office. The Assistant City Manager, Assistant City Attorney and Assistant Planning Director have already met on this subject and expect to come before you at some point in the near future with amendments to our guidelines to deal with this situation. Aspen/Pitkin Planning Office 130 south galena street aspen , colorado 81611 March 16, 1981 Gideon Kaufman Box 10001 611 West Main Street Aspen, Colorado 81611 Dear Gideon, I am writing this letter to set out for you the application requirements for the 1015 East Hyman Avenue 1981 Residential GMP Project. I have sat down and discussed these ideas with both Richard and Sunny so I think we can be certain at this point that my recommendations represent a Planning Office consensus. Since this project involves only one free market and two employee units, a subdivision exception procedure would be appropriate. Your conceptual re- view by P & Z would involve exemption of the employee units from the GMP, con- dominiumization and an overall presentation of the project concept. I believe that we have enough detail in the GMP proposal to satisfy the conceptual pre- sentation needs for this application. I would suggest that you prepare addi - tional application narrative for the condominiumization request and particularly for the exemption for the employee units. In this regard, the evaluation will be based on the size, type, rent and consistency with the Housing Action Plan and I'd suggest that you address these points. The final plat presentation before City Council would also involve these same items, condominiumization, exemption for the employee units and final approval of the project plat. You should also note that the appropriate deed restrictions for the employee units will need to be filed before a building permit can be issued for the project. I don't believe that this will be a time consuming review process for you to go through and I would encourage you to file your application for condo- miniumization/employee unit exemption at the earliest date. We will try to schedule you before P & Z about one month after you submit the application and then bring you quickly before City Council , hopefully having you through the process during the spring. Please let me know if I can be of any assistance between now and then. Sincerely, Alan Richman Assistant Planner LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN.COLORADO 81611 GIDEON I.KAUFMAN TELEPHONE AREA CODE 303 DAVID G.EISENSTEIN March 30 , 1981 925-8166 Alan Richman Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re : 1015 East Hyman Avenue, 1981 Residential GMP Project Dear Alan, Please consider this letter an application for exemption of employee units from the GMP for the above-referenced project. We are seeking exemption of one (1) two-bedroom unit containing one thousand four hundred seventy-one (1, 471) square feet and a studio unit containing six hundred seventy- five (675) square feet. The applicant will deed restrict these two (2) units to low income rental or sale price terms within the housing price guidelines . The Code provides for studios to contain four hundred (400) to six hundred (600) square feet and two-bedroom units to contain seven hundred fifty (750) to one thousand (1, 000) square feet; both these units exceed the square footage requirements and yet the rents charged will be controlled by the maximum square footage set forth by the housing guidelines . This will provide an excellent value to renters. This project was favorably received by P & Z during the GMP scoring. If you need any additional information please refer to our GMP application for this project or call me. I would appreciate it if you would schedule this application before P & Z as quickly as possible. Thank you very much for your help. Very truly yours , Gideon Kaufman GK kw [' 9l Regular Meeting Aspen City Council July 13, 1981 1 Councilman Collins moved to adopt Ordinance 437, Series of 1981, as amended; seconded by 1 Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; ICI Mayor Edel, aye. Motion carried. i SUBDIVISION EXCEPTION - Vicenti II Alan Richman, planning office, told Council this is a request for condominiumization of a II duplex which is next door to property which received a residential GMP allocation for 1981, located at 1015 East Hyman. This is in the R/MF zone on a 9000 square foot lot. I This duplex has not been occupied. The engineering department made comments about the 3;� resubmission of the plat. There are four bedrooms and only three parking spaces. The .• II applicant should provide one parking space per bedroom, and therefore, should be required to regrade the space on the side of the building for parking, or add an additional space 11 in the alley. Richman told Council a rental unit was located on this property; it has been revised and determined it was rented at a price which exceeded the housing price o guidelines. The house was donated and moved to ACES to be used as employee housing. The qplanning office recommends the six month minimum lease restriction be a condition. Council- man man Knecht said he felt this restriction was impossible to enforce. :fl I' Councilman Knecht moved to approve the Vicenti Building Company subdivision exception for the purposes of condominiumization, subject to the following conditions; (1) the applicant II agreeing to revise the condominium plat to meet the specifications of the engineering . j department memoradnum of May 26, 1981, and resubmitting the plat prior to recordation; (2) the applicant providing four usable parking spaces for the four bedroom duplex by either regarding the space on the side of the building so that it is usable or providing �! a second space in the alley behind the building; (3) the applicant agreeing to provide j an electrical./communications easement at the southeast corner of the parcel; and (4) the Ij applicant restricting all units to six month minimum leases with no more than two shorter - lIj tenancies per year; seconded by Councilman Collins. All in favor, motion carried. tl I III SUBDIVISION EXCEPTION - Vicenzi/Goldstein 11 1 'I Alan Richman told Council this is a request to condominiumize an office/commercial structure 'i located at 300 South Spring in the 0, office zone. This is on 6,000 square feet with ,. nine units and has been known as the Hanna-Dustin building. Since this is a commercial • building most of the requirements of Section 20-22 do not apply. There are comments from the engineering department. The applicant should obtain an encroachment license for the ' 11 intrusion of the building into the right-of-way; the applicant should construct a five n foot wide sidewalk; the applicant should revise their plat. . iii Richman told Council there are comments from the building inspector as to numerous life, • health and safety violation at the building. Richman reminded Council a life, health and safety ordinance relating to condominiumization was enacted earlier this year requiring the building inspector to conduct inspections of structure prior to condominiumization to determine life, health and safety violations. Richman told Council the report from the building inspector to P & Z was complicated and two problems arose because of this. P & Z made a statement that they were looking, from this ordinance, to get a report; they were • not looking to be a review body for building violations. The building inspector has his 9 Y own mechanism for compliance. The planning office and P & 7 feel for the staff to place re compliance on the building inspector's report as an aspect of approval is redundant and is not as strong a mechanism as the building inspector has for code violations . Richman said the staff did not want to put the building inspector compliance as part of either sli, j the P & Z recommendation or the staff to Council. Richman said P & Z felt they did not 11 j have the expertise to say which violations were not life, health safety violations. Richman said P & Z did not want to put these as a conditions because if they are conditions, then the applicant has to sit and argue on a due process consideration and have the P & Z decide who is right and who is wrong. Paul Taddune told Council the P & Z did not want to act as an appeals board; there is one. ij P & Z's position is that they do not have jurisdiction to make rulings on determinations made by the building department; the building department has its own mechanism for this. 'jl PP board; ! Mayor Edel said one of the conditions for approval is to conform to the building code; ' if an applicant does not conform to it, they go to the Board of Appeals. Gideon Kaufman • told Council he is concerned because the original intent of this was to look at life, health and safety violations was could cause serious problems, with the understanding that li some old buildings cannot be brought up to Code. Kaufman pointed out that when the li building inspector goes into a building he makes a list of all violations; the initial request for health and safety inspections has gotten to a larger degree. Kaufman said he j felt the Council should listen if an applicant feels aggrieved because this has gotten 16 I outside of the intent of the ordinance. Kaufman told Council this building went before lI the Board of Appeals in 1969 and received a variance. The building department is now I asking them to undo the variance they received. Mayor Edel said if an applicant gets the II l privilege of condominiumization, they should conform with the building code. The building , li codes are different in 1981 than they were in 1969. Kaufman said the only change when f condominiumizing is the possible ownership, not the use of the building. Richman said jl the best avenue to determine whether or not these are life, health and safety issues is ; f to appeal to the Board of Appeals. Councilman Collins suggested going to the Board of ' • f� Appeals with this and then come back to Council. j, ;I • 1i Councilman Collins moved to table this item; seconded by Councilman Knecht; All in favor, • with the exception of Councilman Parry. Motion carried. ORDINANCE 438, SERIES OF 1981 - Ute City Place Rezoning to RBO • G Alan Richman told Council this project received a residential GMP allocation; it is j located in the R/MF zone on 15,000 square feet on Cooper avenue east of West end street. One lot is vacant; one lot has a unit on it. Council heard this application in March at 1., conceptual stage. P & Z has heard this at preliminary plat for rezoning to RBO; also :'. for request from exemption from GMP for the employee units; for condominiumization. P & Z • approved all requests. This presentation is only for rezoning to RBO as it is an '. ordinance process; the other requests will he heard at second reading of this ordinance. • w No. ( 5-l/ CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 3/3i)/1 STAFF: Ah`i Alj11i: 2. APPLICANT: Sohn " !" 3. REPRESENTATIVE: tit �9 /".;6-,/ :11, / )"– _ ±. 4. PROJECT NAME: IJ ,`: � /F/ , / r� / i. J</,?' �j ,�., i, %%• 'I7 5. LOCATION: /J ;/ Il_'/7"/ 'l y ij - lore 6. TYPE OF APPLICATION: Rezoning K Subdivision Stream Margin �r — P.U.D. %\ Exception 8040 Greenline Special Review Exemption View Plane X Growth Management 70:30 Conditional Use HPC Residential Bonus Other /2l9l / ./ 7. REFERRALS: /Irr :rte" —/{/'(f/T _Attorney Sanitation District _School District _Engineering Dept. Fire Marshal Rocky Mtn. Nat. Gas _Housing Parks _State Highway Dept. _Water Holy Cross Electric _Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: 1015 East Hyman Avenue - Exemption of Employee Units from the GMP; Exception from Subdivision DATE: April 24, 1981 Zoning: R-MF Lot Size: 9,000 square feet Location: Hyman Avenue between Cleveland and the Roaring Fork River Background: This project is one which received an allocation during the 1981 Residential GMP competition. There are presently two 2-bedroom units located on this parcel . The applicant proposes to add three units to the site; two additional two bedroom units and one studio. A GMP allocation has been given for one of the 2-bedroom units. The applicant is now requesting that you recommend to City Council that the two bedroom employee unit and the studio employee unit be exempted from the GMP, as provided in Section 24-11 .2(h) of the Code. The applicant is also requesting an exception from full subdivision procedures as provided in Section 20-19 of the Code. Employee The Code states that your approval shall include a determination Housing Review of community need considering, but not limited to, the number of Criteria: units, and the rental/sale mix of the development. In response to these criteria, the applicant has indicated that: 1 ) Both units will be restricted to low income rental or sale price guidelines; and that 2) Despite the fact that both units exceed the maximum size guidelines for their type, the applicant will scale their rents solely on the maximum square footage provision of the housing guidelines. The Planning Office feels that this project represents precisely the type of GMP application originally envisioned by City policy- makers. It provides two low income deed restricted employee units in exchange for a single free market unit, thereby creating dispersed employee units in a small , low impact setting. The Planning Office would strongly recommend that you exempt both employee units from the GMP, subject to the following condition: 1 ) The applicant's recordation of deed restrictions limiting the studio and two-bedroom employee units to low income housing price guidelines, as adjusted by annual price increments by City Council . Subdivision Section 20-3(s) of the Code defines multifamily development as Exception: a subdivision. However, at the time of the public hearing for the GMP competition, P & Z heard the applicant's conceptual pre- sentation, while Council concurred with P & Z's recommendation at its subsequent meeting by allocating a development right to this project. It would therefore be unnecessarily redundant to require full subdivision review for this application. It is important, at this phase of the review, for P & Z to consider those aspects of the proposal which emerged during the GMP review and for which the applicant received points during the competition. The review comments received at that time include: 1 ) The Engineering Department noted that the curb cut located on Hyman Street may exceed the Code requirement (Section 20-101 ) that cuts be a maximum of either one eighteen-foot wide cut or two ten-foot cuts in the RMF zone. Memo: 1015 East Hyman Avenue - Exemption of Employee Units from the GMP; Exception from Subdivision Page Two April 24, 1981 2) The Engineering Department further noted that the applicant's proposal to handle drainage through surface absorption would not be adequate, and that the alternative suggested by the applicant -- a dry well -- should be employed. 3) The Environmental Health Department comments that any fire- place units installed in the structure be designed with energy conservation in mind and that the numbers of installations be limited to minimize air pollution impacts of the project. The Planning Office further notes that the applicant proposed several energy conservation features in the GMP application which should be included in the final design of the building, including: - insulation characteristics to exceed the Code; - maximization of south-facing glass; and - domestic hot water collectors on the free market unit, and; if possible, the employee units. 4) The Planning Office comments that since this project represents new residential development, that park dedication fees are required, as specified in Section 20-18 of the Code. This section indicates, however, that City Council may exempt the development from these fees if a low or moderate income subdivision is proposed. The Planning Office feels that it is appropriate to require park dedication fees only for the free market unit and not for the employee units. Planning Office The Planning Office recommends that you approve the applicant's Recommendation: request that the two employee units be exempt from the GMP and that you approve the request for subdivision exception subject to the following conditions: 1 ) The applicant's recordation of deed restrictions limiting the studio and two-bedroom employee units to low income housing price guidelines, as adjusted by annual price incre- ments by City Council , 2) The applicant not exceeding the Code requirement that curb cuts in the R-MF zone be limited to a width of 18 feet; 3) The applicant agreeing to provide a dry well for drainage; 4) The applicant agreeing to install the energy conservation measures outlined in the original GMP application and mini- mizing the total number of fireplaces employed at the project; and 5) The applicant agreeing to a cash payment or land dedication to meet the park dedication requirements for the free market unit. 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