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HomeMy WebLinkAboutcoa.lu.rz.1975 Downzoning.74-77 f , 4 ! t MEMORANDUM TO: Aspen City Council FROM: Planning Staff (Kane) RE: "Zoning Code Changes" - Report from the Planning and Zoning Commission • DATE: May 5, 1977 In °the fall of 1975, John Stanford and I appeared before the Council with a presentation on a wide range of zoning amendments to the City Zoning Code with the major thrust of reducing tourist condominiums and commercial and office densities in the City. This set of recommenda- tions was referred to P&Z for comment and review and on April 2 , 1976 that Board did pass on a set of recommendations to Council . In sub- sequent study sessions, the Council arrived at a concensus on certain P&Z recommendations and formally amended the Code by ordinance in areas where agreement was reached (CC, 0, and CL zones) . Certain other recommendations by P&Z were referred back to P&Z in hopes of receiving more stringent controls. There are two general classes of recommendations before the Council at this time and consist of: 1 . Items referred back to P&Z 2. Items upon which the Council and P&Z agree. Please find attached a P&Z resolution which deals with the first set dated April 19, 1977 and a simple listing of those items for change upon which Council and P&Z agree. On Monday night we will recommend and ask for authorization for pre- paration of an ordinance for first reading for your May 23 meeting. The amendments outlined in the attached list have the full support of the planning staff. We will make a detailed presentation on Monday night. • lmk • RESOLUTION ASPEN PLANNING AND ZONING .COM'1ISSION Recommending Several Changes to the Zoning Code as Refined from City Council • WHEREAS, the Aspen Planning and Zoning Commission made recom- mendations to amend the Aspen Zoning Code and Zone District Map over the past year, and • WHEREAS, City Council has received the Planning and Zoning Commission' s recommendation and has either: 1 ) acted on the recom- mendations by holding public hearings on ordinances that , after two public readings , have been adopted, thereby amending the zoning code , (:;,-- 2) delayed action on the recommendations pending further study and discussion, or 3) referred specific recommendations back to the Planning and Zoning Commission for further consideration, and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on those changes referred from City Council as properly noticed for April 5, 1977, and WHEREAS, Section 24-11 .7 provides that if the Commission shall affirmatively recommend changes to the map or code, and do so by resolution, such recommendations shall have an interim effect all as further described in said section, and WHEREAS, the Commission wishes to make known its recommendation with respect to those referred changes , and formalize its report in resolution form such as to enjoy the effects of Section 24-11 .7 . NOW THEREFORE BE IT RESOLVED that the Planning and Zoning Commission of the City of Aspen , Colorado recommends the following amendments to the zoning code and district map: 1 . Commercial 1 : The Commission confirms their first recom- mendation to amend the floor area ratio (FAR) of the Commercial One (C1 ) District to 1 :1 by right plus a density bonus of 0.5: 1 for resi- dential use, constructed in conformance with a duly adopted housing plan for the City of Aspen, the Commission being of the opinion that: • i ) this change will generate a desirable mix of uses in the commercial areas of town; ii ) commercial uses will be available to subsidize residential uses , and iii ) commercial uses beyond the second floor are not practical and the third and fourth floors are more amenable to residential uses. In addition, the Planning and Zoning Commission is of the opinion that future development in the Cl district will have at least one-third less space in commercial use than presently permitted. 2. The Commission recommends that the maximum square footage of major appliance stores be 6,000 square feet (The code permits 12,000 square feet and Planning and Zoning 's first recommendation was to reduce the maximum FAR to 9,000 square feet). 3. The Commission recommends that the property located north- east of the intersection of Spring and Main Streets (presently zoned R-MF) be zoned as follows : i) zone the south portion of the property between Main Street and the extended center line of the first alley north of Main Street as R-MF PUD; and ii ) zone the property north of the extended alley centerline R6 PUD. In addition , the Commission recommends that this property (along with the Buchannan Property) should be considered for future public moderate housing (PMH) after such a zone category is adopted. 4. The Commission hereby notifies the City Council of their intent to develop a concept for the public moderate housing zone (PMH) , and the Commission is currently studying the concept. 5. The Commission recommends amendment to Section 24-3.7(3) (2) to include basements and sub-basements in the CC and Cl FAR calcula- tions (not to include sub-grade off street parking , however) . In all other districts, sub-grade space and parking accessory to primary uses are excluded from FAR calculations . Space dedicated to mechanical operation of the building in all districts shall be excluded from FAR calculations. This provision is designed to encourage the innovative use .of alternative energy sources. DATE "„ ' // e/ /97 ;7 ��{:� `" � • 'Y Chairman , Planning and Zoning Commission • I , (7(^-1)( (-4 lac , Deputy City Clerk for the City of Aspen , Colorado, do certify that the foregoing Resolution was adopted by the Aspen Planning and Zoning Commission at its regular meeting held Tuesday, April / J , 1977. - 2 - 4 AREAS OF AGREEMENT BETWEEN COUNCIL AND P&Z — Neighborhood Commercial - PUD FAR 0.5:1 (formerly 1 :1 ) — Service Commercial/Industrial FAR 1 :1 (formerly 2:1 ) — Square Footage Limitations Food Store - 12,000 sq.ft. net for food products 3,000 sq.ft. accessory products and storage 15,000 sq.ft. TOTAL — Mixed Residential (West) R-15 (formerly R-6) — Oklahoma Flats R-30 P.U.D. (formerly R-15 PUD) — Holy Cross Property R-30 P.U.D. (formerly R-15 PUD) — Lakeview Subdivision R-15 P.U.D. (formerly R-6 PUD) — R-15 Lodge P.U.D. Areas Maintain R-15 Lodge PUD MEMORANDUM • • TO: Aspen City Council FROM: Planning Staff (HC) RE: Neighborhood Commercial (NC) Rezoning from 1/1 to 0.5 F.A.R. Referral Comment From Planning and Zoning Commission DATE: June 23, 1977 As part of the general rezoning for the City of Aspen approved by the Planning and Zoning Commission and now pending before the City Council (Ordinance #30) , the Neighborhood Commercial (NC) zone Floor Area Ratio (F.A.R. ) is recommended for change from 1/1 to 0.5. As a practical matter, the 0.5 F.A.R. has been in effect for a year-and-a-half due to the fact that after the Planning and Zoning motion recommending a .5 F.A.R. For example, the Trueman project was reviewed and approved according to the .5 F.A.R. Mr. Bayard Hovdesven is the owner of Lots R and S, Block 106 Aspen Townsite which are the two undeveloped lots directly east and contiguous to 'the Durant Mall . Mr. Hovdesven has applied to the Board of Adjustment for a variance to the .5 F.A.R. to allow a 1/1 F.A.R. on these two lots. The Board of Adjustment refused to act on the application and referred the matter back to the City Council to consider changing the F.A.R. back . to 1/1 . The City Council has tabled Second Reading of Ordinance 30 establishing the .5 F.A.R. for the NC Zone pending comment from the Planning and Zoning on the Hovdesven request. The Planning and Zoning Commission by unanimous vote on June 21 , 1977, supports the retention of the "old" 1/1 F.A.R. for lots R and S, Block 106 and thereby recommends against the adoption of the .5 F.A.R. for the NC zone. This conclusion is based on the following reasons : 1 . The Hovdesven lots are the only remaining undeveloped lots in the NC zone. The .5 F.A.R. would produce a one-story building of 3,000 square feet in size. The adjacent Durant Mall complex approved via Ordinance #19 has a 2.5 to 3.0 F.A.R. A small one-story structure adjacent to the Durant Mall would be significantly out of scale with the massive structure of the three story Durant Mall . Also, development in the immediate area exceeds a .5 F.A.R. 2. The Planning Office anticipates additional requests for rezoning to NC. At the time of these requests , we wi l l again analyze the appropriateness of the 1/1 F.A.R. 3. The NC zone is mandatory P.U.D. zone. Specific develop- ' ment review will be accomplished at the time of P.U.D. application. 4. The applicant has previously argued for a change of zoning from NC to C-1 . We strongly support the retention of the NC zone for this property. lmk { MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Status of Pending Downzoning DATE: December 18, 1975 The recent "downzoning" proposal for Aspen was initiated by the City Council and referred to the Aspen Planning and Zoning Commission for comment approximately two months ago. Due to the pressure of ongoing case review items (Callahan Subdivision, and Trueman Property, etc. and various ordinance reviews such as 66, 67, 71 and the open space dedication requirement). A special study session was set by the P & Z on December 4, 1975, to consider the downzoning proposal . The P & Z further considered the proposal at their December 9 and December. 16 meetings, at which time the Planning Office. submitted additional data requested by the Planning Commission on buildout estimates allowed by the new zone requirements. At the December 9, 1975, meeting of the Planning Commission the members unanimously voted to request a study session with the Council and Planning Office concerning various items which included the downzoning proposal . This request has been forwarded by letter to the Council under separate cover. The next regular meeting of the Planning and Zoning Commission will be January 6, 1976. • BOARD OF COUNTY COMMISSIONERS • P. O. BOX 4096 • ASPEN, COLORADO 81611 • PHONE. (303) 925-5232 T August 7, 1974 K Spencer Schiffer, Chairman NCity Planning and Zoning Commission P.O. Box V Aspen, Colorado 81611 Re: City of Aspen Revised District Map and Zoning Code 0 UDear Mr. Schiffer, NThe Board of Commissioners of Pitkin County at their Tregular meeting on Monday, August 5, 1974, endorsed the following Ymotion by majority vote: "That a letter be sent to the Planning and Zoning Commission of the City of Aspen to be read into the record of the Public Hearing on August 8, 1974, stating that 1) Pitkin County has recently enacted a rezoning resolution for the County; 2) The Commissioners have recently reviewed the City of Aspen's Revised District Map and Zoning Code, and find the proposed rezoning in the City to be compatible with and directed to the same goals and objectives as the County rezoning and the two codes appear to be comple- mentary; and 3) The Board of Commissioners wholeheartedly endorse and urge that said Revised District Map and Zoning Code be adopted by the City Planning and Zoning Commission for the mutual benefit of the residents of both the City of Aspen and Pitkin County. BOARD OF COUNTY COMMISSIONERS Joseph .C.7w.r.s, • • ASPEN/ PITK • ,� - ing Department � � • "i street 130 so • , aspen , - 81611 MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Rezoning Notice Procedures DATE: June 11 , 1976 This is a proposal initiated by the Planning Office to amend the ntoice procedures required for public hearings in the City of Aspen as more specifically defined in the proposed ordinance written by Sandy Stuller. The essential change would be to give ntoice to residential condominium unit owners via their home owners association rather than individual unit owners. The reason for this proposal is to reduce the significant administrative costs involved in public and private development related applications. For example, the recent decision to rezone the property of Stan Johnson at the base of Little Nell , Aspen Square, Aspen Chateaus, Aspen Alps, etc. Normal procedure for the applicant is to contact a title company for a listing of current owners within 300 feet of the subject property researching of addresses, and mailing by first class mail to property owners. Such a detailed process is time consuming and expensive. The Planning Office feels the proposed amendment would satisfy our legal and moral obligation to notify owners in the vicinity of the application; significantly reduce public and private development expense; and facilitate the process of development review and code amend- ment. We recommend adoption of the amendment. CITY OF ASPEN 130 south galena street aspen , colorado 81611 MEMORANDUM DATE: November 17, 1975 TO: Members of City Council FROM;- Sandra M. Stuller RE: Amended O-S District; Amendment to the Zoning Code; Ordinance No. 05 , Series of 1975 At your request I am submitting a redraft of the previously submitted Ordinance No. 85 which creates the O-S Open Space Zoning District. I hope it meets your objectives. SS/pk • 1 ri(44-7 CITY OF ASPEN 130 south galena street aspen , colorado 81611 MEMORANDUM DATE: November 16, 1976 TO: Members of City Council FROM: , • - u uller R:, : Homes for the Age _ Members of City Council: The General Assembly this year addressed the question of the exclusion by municipalities of homes for the aged from residential districts. More specifically, the legislature, in H.B. 1058, declared that it is "the policy of this state to enable and assist persons sixty years of age or older who do not need skilled or intermediate care facilities, and who so elect, to live in normal residential surroundings, including single family residential units" . Consequently, the General Assembly has mandated that each municipality, which has adopted a zoning code, provide for the location of group homes for the aged within the municipality. Aspen has never, to my knowledge, prohibited such uses in its residential districts; however, to comply with the mandates of H.B. 1058, we presented to the P&Z for its consideration the following amendment to Sec. 24-3 . 7 (Supplementary Regulations) of the zoning code: (m) In all residential districts there shall be permitted the establishment of owner-occupied or non-profit group homes for the exclusive use of not more than eight persons (sixty years of age or older) per home, provided that such persons do not need skilled and intermediate care facilities. A group home for the aged established under this subsection shall not be located within seven hundred fifty feet of another such group home. Nothing here- in shall be construed to exempt such group homes from compliance with any state, county or municipal health, safety and fire code provisions. The proviso prohibiting establishment of such homes within seven hundred fifty feet of each other is contained in H.B. 1058. However, the bill permits the City to reduce this " w Memo to Members of City Council November 17, 1976 Page 2 distance or remove such restrictions altogether. The P&Z retained the 750 foot limitation; consequently, it is incorporated in the ordinance proposed. SMS:mc Attachment e,rif CJE a MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (JS) RE: Council's review of P & Z zoning amendment recommendations. DATE: November 15, 1976 City Council has reviewed the Planning Commission's zoning amendment recommendations on two different occasions, and this memo identifies the present status of the recommendations. Some items represent less restrictive positions than taken by the Planning and Zoning Commission, and either have been or will be scheduled for ordinance adoption by Council. Others are more restrictive than P & Z positions and will require rehearing by the Planning and Zoning Commission. Less Restrictive Positions by Council - Commercial Lodge - CL Council changed P & Z's CL recommendation from a reduced external FAR of 1.5:1 to maintain the present external FAR of 2:1. P & Z's recommendation to reduce the height limit to 28 feet was supported by Council plus a recom- mendation for the Planning Office to study measures by which design flexibility could be incorporated into the code to permit building designs that would maintain FAR but permit encroachment in height and other area and bulk requirements. Council is proceeding to adopt this amendment into the zoning code. - Riverside (Buchanan) Property Council recommended retaining the R-6/PUD designation for the Riverside property (located along the river below the bus station) which P & Z recommended for R-15/PUD. - Aspen One Property Council also recommended retaining the R-6/PUD designation for the Aspen One property. P & Z's recommendation was for R-15/PUD. These alterations from P & Z recommendations can proceed to the first and second readings and public hearing by Council. More Restrictive Positions by Council These positions will require rehearing by the Planning and Zoning Commission. - Commercial One - C-1 Council requests a lower FAR than P & Z's recommendation (1:1 plus a bonus of 0.5:1 in moderate income housing by special review) . Council's request is for a FAR of 0.75:1 by right plus a bonus of 0.5:1 in moderate income housing by special review. Council agreed with P & Z's recommended 32 foot height limit plus the special review provision to permit heights of up to 40 feet when deemed appropriate -with public benefits of open space and creation of scenic vistas. Subgrade levels are to be included in FAR calculations. i - Square Footage Limitations Council requested a further reduction in square footage for applicance stores from P & Z's recommendation of 9,000 square feet to 6,000 square feet. • - Spring and Main Street Property (Northeast corner) Council disagreed with P & Z's recommendation to maintain the R-MF on the Spring and Main Street property and recommends the zoning be changed to R-6 PUD. - New Residential Zone - PMH Council requested the Planning Office to develop a zone district similar to the County's Public Moderate Housing Zone (PMH) which is designed to stimulate housing develop- ments that are offered to local citizens at reasonable prices through rent and resale contracts. • - CC & C-1 Floor Area Ratio Calculations By resolution Council rejected the Planning and Zoning Commission's recommendation to include subgrade space in in CC and C-1 district FAR calculations. Subsequently Council reversed .its position in support of P & Z's recommendation, however, the recommendation will require rehearing by the Planning and Zoning Commission on the following: 9G G In calculating the FAR in the CC and C-1 districts all basements G .w` CL and sub-basements shall be included in FAR regardless of use rAAL. L,�LG't except that space dedicated to off-street parking. In all other districts basement storage accessory to primary uses and sub-grade parking shall not be included in FAR calculations. � Position Agreements by Council Council agreed with the Planning and Zoning Commission's recommendations on the following: - Commercial Core - CC FAR 1.5:1 by right 0.5:1 when 0.3 is devoted to moderate cost housing with the remaining 0.2 for commercial 2.0:1 Maximum TOTAL FAR - Neighborhood Commercial - PUD FAR 0.5:1 (formerly 1:1) - Service Commercial/Industrial . FAR 1:1 (formerly 2:1) - Office-0 Combined 0-1 and 0-2 into one Office Zone with revised area and bulk requirements, uses and conditional uses. • FAR 0.75:1 by right 0.25:1 additional FAR when developed as moderate cost housing as approved by the Housing Authority 1.0:1 Maximum TOTAL FAR The 0-Office amendment has been adopted by Council. -2- - Square Footage Limitations Food Store - 12,000 sq.ft. net for food products 3,000 sq.ft. accessory products and storage 15,000 sq.ft. TOTAL - Mixed Residential (West) • R-15 (formerly R-6) - Oklahoma Flats R-30 P.U.D. (formerly R-15 PUD) - Holy Cross Property R-30 P,U.D. (formerly R-15 PUD) - Lakeview Subdivision R-15 P.U.D. (formerly R-6 PUD) ' - R-15 Lodge P.U.D. Areas Maintain R-15 Lodge PUD r -3- zs� n' MEMORANDUM TO: Aspen City Council FROM: Aspen Planning & Zoning Commission DATED: September 3 , 1974 RE: PRELIMINTARY REPORT ON PROPOSED REZONING By your motion of July 8, 1974 , you directed that the Planning & Zoning Commission hold a public hearing on the proposed rezoning as recommended by the Planning Department and submit recommendations to you on or before September 1, 1974. Pursuant to that directive, a public hearing was held on August 8, 1974, and was continued to August 15 , 1974. Written comments were accepted until 5:00 p.m. on Tuesday, August 20 , 1974. During the period from July through August, 1974, the Planning & Zoning Commission has met in several intensive study sessions relative to the proposed rezoning. As a result of these study sessions , the Planning & Zoning Commission finds that the proposed zoning map and zoning code are in large part unacceptable, primarily for the following reasons : . 1. The concept of "zoning to use" together with the designation of numerous non-cumulative zoning districts, is arbitrary , discriminatory, and an undesirable method of accomplishing the objectives of the 1973 Land Use Plan, 2 . The proposed map and code fail to effectively accomplish what the P & Z perceives to be objectives of paramount importance with respect to new zoning, to wit: restricting the increase in development and construction of tourist accommodations to a designated area or areas within the City while permitting and encouraging an increase in the number of housing units constructed for permanent employees. The recommendations of the Planning Department were not finalized and presented to the Planning & Zoning Commission in comprehensive form until the first week in July . Each member was given the proposed maps and code to study and study sessions were planned prior to setting a public hearing. Although we felt that the public hearing was therefor set and held prematurely , we proceeded according to your directive. It was not until after the public hearing that we were able, as a body, to study and discuss the proposed maps and code in detail. Over -the -past- several weeks we have made a. very intensive effort to revise the proposed maps and code so that the sariie could be presented to Council within the prescribed deadline; however, a task of this magnitude cannot be accomplished with any degree of success in such a short period of I time . Nevertheless, we have been able to make several positive and concrete recommendations to the Planning Department . The Planning Department has commenced work on the implementation of those recommendations; however, it is the concensus of both the P & Z and the Planning Department that it will take at least several more weeks of intensive work by both groups to arrive at a workable proposal. Given sufficient time and an adequate opportunity to work out the details with the Planning Department , we feel we can present a plan which will be much more effective in accomplishing those objectives than the present plan. In conclusion, rather than making limited substantive recommendations and presenting you with an unfinished, work product , the Planning & Zoning Commission wishes to recommend and respectfully requests that you remove any deadlines and allow us the time necessary to do the job properly . • • - 2 - LAW OFFICES OATES, AUSTIN, MCGRATH &. JORDAN 600 EAST HOPKINS STREET LEONARD M. OATES ASPEN,COLORADO 61611 RONALD D.AUSTIN J. NICHOLAS MCGRATH,JR. WILLIAM R.JORDAN III AREA CODE 303 ROBERT W. HUGHES TELEPHONE 925-2600 BARRY D. EDWARDS June 17, 1977 The City of Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Re: Ordinance No. 30 (Series of 1977) - Reduction of External Floor Area Ratio in Neighborhood Commer- cial Zone Dear Mr. Chairman and Members of the Commission: We represent Bayard Y. Hovdesven who is the owner of Lots R and S, Block 106, City and Townsite of Aspen. Lots R and S are situate on the northwest corner of Durant and Original streets, within the block that currently accommodates the Durant Mall (to the west) , City Market (to the north) , and the Viking Commercial Building. Across Durant Street to the south are the Chateaux Chaumont and Dumont Condominiums; across Original Street to the east are Der Mittendorf Condominiums. The property is zoned Neighborhood-Commercial (NC) , contains a building site of 6, 000 square feet, and Mr. Hovdesven wishes to construct a commer- cial building thereon of this approximate size. Mr. Hovdesven' s development plans are, of course, pre- cluded by the pendancy of Ordinance 30 (specifically Section 1 (b) thereof) , which as the Commission doubtless is aware is the re- sult of its resolution dated April 2, 1976 that recommended to the City Counsel, inter alia, a reduction in the external floor area ratio (FAR) for the NC zone from 1:1 to 0. 5: 1 in order: " . . to insure that the Neighborhood Commercial developments are of a scale that is compatible with the residential areas they are designed to service. " Ordinance No. 30 came before the Council for second reading at its last meeting June 13, 1976. At that time we, along with the Planning Department, sought an amendment to the ordinance to delete therefrom the reduction in the FAR in the NC zone. As a result, the second reading of the ordinance was tabled pending the recommendation of the Planning and Zoning Commission. OATES, AUSTIN, MCGRATH 8 JORDAN The City of Aspen June 17, 1977 Page Two Against this background, we would hereby request that the Commission resolve and recommend to the Council the deletion of Section 1 (b) of Ordinance No. 30 . This would permit Mr. Hovdesven to develop his property at a FAR of 1: 1. We believe sound reasons support this request. First, Lots R and S, Block 106 , are the only remaining undeveloped lots in the NC zone and, hence, for all practical in- tents and purposes at this juncture are the only properties affected by the proposed reduction of the FAR in the NC zone. This rather fortuitous result apparently was unintended. Indeed, the Planning Office has represented to the Council that, in their estimation, the inclusion of Lots R and S within Ordinance No. 30 was virtually un- witting--it being the intent of the ordinance to reach larger commer- cial projects, such as the Truman Project, and not one such as that proposed by Mr. Hovdesven. Apparently, the undeveloped state of Lots R and S and that they are the only properties currently directly affected by the reduced FAR was overlooked during consideration of the change in the first instance. Furthermore, we have, as well been given to understand that, at this time, the Planning Office' s princip- al concern with the stricter FAR in the NC zone is referrable to a future point in time in connection with anticipated rezoning to NC in the west end of town. Needless to say, we appreciate the Planning Office' s candor and frankness in this regard and would commend to you that, quite simply, there really is no need to change the FAR in the NC zone at this time. Second, we also submit that to impose the reduced FAR at this time, when only Lots R and S are to be affected, would thwart the very purposes of the proposed change which briefly stated are to insure scale compatability with uses in the vicinity. Given the clear commercial orientation of Block 106 itself, and the rather large-scale condominium projects in the area, we believe a project scaled at a FAR of 1 :1 would plainly be more consonant therewith than would a project of one-half that size. Thank you for your time and consideration. Very 4uly yours By i � (r, 44'' ` �x�, 'obert W. Hughe . /ljh