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HomeMy WebLinkAboutcoa.lu.rz.Kraut Affordable Housing Project.A60-91KRAUT EMPLOYEE HOUSING PROJECT 2737-182-27-002 00 r A60—{al T Z rI -A Aspen / Pitkin County Housing Authority KRAUT property Affordable Housing Land Use Application I 24 October 1991 Housing Authority kk City of Aspen/Pitkin County 39551 Highway B2 Aspen, Colorado B 1 61 1 (303) 92O-5050 Fax: (303) 92O-55BO Ms. Leslie Lamont, City Planner ' Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 ' Re: Kraut Affordable Housing Development/Land Use Application for Zone Amendment to (AH) Affordable Housing Dear Ms. Lamont: On behalf of the City of Aspen and Aspen/Pitkin County Housing Authority, we are submitting the Kraut Affordable Housing Land Use Rezoning Application. Attached are thirteen (13) copies of the application for review by the Planning Office and referral agencies. Thank you for your assistance and guidance in the preparation of this application. Should you have any questions, or if we can be of further assistance, please contact Dave Tolen at 920-5216. Sincerely, Robert Nevins APCHA Planner 1 Fj rj I 1 I r 1 KRAUT AFFORDABLE HOUSING DEVELOPMENT LAND USE REZONING APPLICATION Submitted to: The City of Aspen 22 October 1991 Prepared by: Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 (303) 920-5050 Robert M. Nevins Project Manager/Planner r 1 J t 1 1 f 1 1 1 1 1 TABLE OF CONTENTS Page TABLE OF CONTENTS 1 PREFACE 111 1.0 INTRODUCTION 1 1.1 Project Location 2 1.2 Authority and Scope 2 1.3 Background 3 2.0 PLANNING GOALS AND OBJECTIVES 6 2.1 Relationship to Aspen Area Comprehensive Plan 6 2.2 Relationship to Affordable Housing Production Plan 9 3.0 EXISTING CONDITIONS 12 3.1 Natural Factors 12 3.2 Man-made Factors 12 3.3 Summary of Site Features and Conditions 14 4.0 DEVELOPMENT PLAN 17 4.1 Water System 17 4.2 Sewage Treatment System 18 4.3 Drainage System 18 4.4 Fire Protection 18 4.5 Development Data 19 4.6 Traffic and Parking 19 4.7 Affordable Housing 22 4.8 Stoves and Fireplaces 22 4.9 Proximity to Public Facilities 22 4.10 Proximity to Services 22 4.11 Effect on Adjacent Land Uses 23 4.12 Construction Schedule 23 5.0 LAND USE REQUIREMENTS 25 5.1 Amendment to the Official Zone District Map 25 6.0 IMPLEMENTATION PLAN 31 6.1 Detailed Plans 31 - i - I 1 1 1 1 LIST OF FIGURES Follows Figure Figure Title Page Number 1.1 Location Map 2 3.1 Site Summary 15 4.1 Site Plan 17 4.2 Floor Plans 17 4.3 Massing Studies 17 4.4 Public Facilities Map 22 5.1 Existing Zoning Map 26 5.2 Proposed Zoning Map 26 5.3 Neighborhood Context Map 28 LIST OF TABLES Table Table Title Page Number 4.1 Dimensional Requirements 20 4.2 Development Data 21 LIST OF EXHIBITS (in Appendix) Exhibit Title Exhibit Special Warranty Deed A Authorization to Represent B Square Footage Ranges and Income Maximums C Property Survey D Pre -application Conference Summary E IPREFACE The City of Aspen, owner/applicant (Special Warranty Deed, Exhibit A), and Aspen/Pitkin County Housing Authority (APCHA), owner's representative (Authorization to Represent, Exhibit B) request land use approval for the rezoning of the Kraut parcel to (AH) Affordable Housing. The project site is located within the ' city boundaries of Aspen, at the southwest corner of East Hyman Avenue and Original Street. Twenty-four (24) to thirty (30) affordable, deed -restricted rental or sale units may be contained within the tentative development proposal. This application is submitted by APCHA pursuant to Section 5-206.2, Affordable Housing (AH), Chapter 24, Land Use Regulations of the Aspen Municipal Code. The specific land use request is: Amendment to the Official zone District Map, Rezoning Approval to (AH) Affordable Housing from (0) Office (Section 7-1102). The land use rezoning application is divided into six (6) sections: r 1.0 Introduction 2.0 Planning Goals and Objectives 3.0 Existing Conditions 4.0 Development Plan 5.0 Land Use Requirements 6.0 Implementation Plan Within each section of the application, figures (maps and/or plans) and tables are provided to supplement the text. Pertinent documents are referenced as exhibits and contained in the Appendix. The Aspen/Pitkin Housing Authority has been diligent in its efforts rto provide the City of Aspen with a complete and thorough applica- tion. During the review process, should information need to be clarified and/or additional issues arise pertaining to the Kraut Affordable Housing Development, APCHA will be cooperative and responsive to fully addressing those concerns. 1 1 1 I I I 1 1 - iv - Project_ Location SOt I `CAN OF- (irril_c=Ite street address, lot & block .Inmber, legal desCrlption ' rAlcre approprl.al.e) Present zanu �E�.�D��I`�' 4) Lot Size COOOe'a.Fi' �) Applicant s Name, Adaress & alone e-bVG;V\t5L- fNT1' �q��l f ic-" 1WfllY b� ^€� ^I,G �10 b1&1 f ob' aIrl •Fhsct5;,q) `) Ilepresentative's Name, Address & Pixxse $ T' ly� 11LIS,�Pc NNE i) Type of Application (please dedc all that apply) condit.i-onal Use Cax:eL al SPA Concept:iUal historic Dev. Special lb--rFinal iew Final SPA Iistoric Dev. 8040 Grensllirle concepLiml RM Minor historic Dev. Stream Margin Final PUD Iistoric Demolition LISountain View Plane - Subdivision Iistoric Designation Cjndcmi n i t mi ;-a tion Tex Map Amax3m nt GxQs AllotmerTt Lot SplivLot Lisa' - E�M=Pti-o'n Adjustment Dc_ _iption of ad_ting Uses (r�bPs and type of �asL-itx� sL��ctures; approximate sq- ft- ; err of bedzccros; any previous approvals granted to tine / •DDO iV4 f=OOT' f.�T-- 1��i�NT`�f'lo IST7l��' S7-7�1G - �vP-- - VC LDescription of Development: Application � ZoN rN�- ��vD {� f� P(� � �fi71 °�(-' ��M �N•T' T'° t� �1SqT-4 S�= M v you at zcbed the follow 10) Have e y ing - • Response to AL-tadmv-nt 2, minim= SULL siori Contents • Izespozse to Attacfrmant 3, Specific Submission Contcsits • Ike to Attadimicirt 4, Ravicu StamLrd-- for Your APPlicatson V 11 fl 1 1.0 Introduction L Ll 11 n u 1 11 1.0 INTRODUCTION The Kraut Land Use Plan provides the City of Aspen with a set of guidelines and plans to allow for the creation of a quality, well - planned, residential enclave through the orderly development of the site. The Aspen/Pitkin County Housing Authority envisions a rental or sale project that will accommodate variable households of qualified residents and/or employees of Aspen and Pitkin County. The residential buildings will be integrated into the neighborhood fabric through the siting and inter -relationships of the units to one another; to existing, adjacent structures; and to the street- scapes of East Hyman Avenue and Original Street. To further ensure the development's acceptance within the community, special emphasis will be given to the project's architectural massing, scale, character, and detailing. Through sensitive site planning and design, it is anticipated that the Kraut Affordable Housing Development will continue a course ' toward achieving the mutual goals and objectives of the City and Housing Authority by encouraging other well -planned public and private affordable housing projects within Aspen and its environs. I 1 1 1 1-1 F1 1 1 1 1.1 Project Location The Kraut Project is located near the base of Aspen Mountain, within the southeastern quadrant of the Aspen city limits (Location Map, Figure 1.1) in Pitkin County, Colorado. The site is situated two (2) blocks east of the downtown commercial core area, and two (2) blocks south of Main Street at the intersection of East Hyman Avenue and Original Street. 1.2 Authority and Scope The Aspen/Pitkin County Housing Authority (APCHA), a multi - jurisdictional housing authority, was established under the provision of Colorado Revised Statutes (C.R.S.) 1973, Section 29-1-203 et. seg. on 9 January 1984, by and among the City, the County, the Housing Authority of Aspen, Colorado ("City Housing Authority"), and the Pitkin County Housing Authority ("County Housing Authority"). Authorization to contract between the City and County to establish a separate governmental entity to be known as a multi -jurisdictional housing authority is sanctioned by Article XIV, Section 18 of the Colorado Constitution and C.R.S. Section 29-1-204.5. The purpose of the Aspen/Pitkin County Housing Authority (APCHA) as set -forth in the Amended and Restated Intergovernmental Agreement of 1988 is: - 2 - C o c TO q) J En a, w rid 3 a 4-1 tr 41 to. In rA a N o .� 4 In rl y rd (1l �l QI rl n a; a u a 4C CD ln�l 111 l I�� I�iii l BSI 1 1 I�'I l i'� I I-1 ....... Y \ I dN9�JL ,V� I •� = V'l I'lol) I TI __^�c� [11Dt, Dd, I 3 3—IF E-1110 11-1, t I I E]Boll 1 ,u;L A ❑l 1sr 1�111911 itt c , CTJ U 0 O O O im m raw w m m m m M r m Mao m man m r m �1II LJ of to effect the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects pursuant to a multi -jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices within the means of families or persons of low, moderate, and middle income who are permanent residents, persons employed in the City or the County, senior citizens, disabled persons, or to the population segments identified by the Authority, residing in or needing to reside in the City or the County, intended for use as the sole place of residence by the owners or intended occupants." The Housing Authority's current inventory of deed -restricted housing exceeds 1,100 units. The housing stock is comprised of 60% rental units and 40% sale units. These figures include the recently completed developments of Marolt Ranch (100 dormitory units), Twin Ridge (25 sale units), and Fairway 3 (30 sale units). The Housing Authority has identified a target of 800 additional units that need to be produced between 1990-95 if the economic base within the area continues to expand. Legislated, private, and public efforts will be required to achieve this goal. Between 1990-95, the public sector's responsibility is to produce 463 affordable, housing units. 1.3 Background Development of the Kraut property as an affordable, deed - restricted, rental housing project follows many years of growth and change within the Aspen community. The City of Aspen established a policy favoring the development of housing for employees of the community with the adoption of its 1973 Land Use Plan. - 3 - fl 1 To address the ever-increasing affordable housing dilemma, Aspen, Pitkin County, and the Housing Authority cooperated in crafting and pursuing a multi -faceted, comprehensive program. The plan seeks to: 1) preserve the existing affordable housing stock; 2) require developers to mitigate a "fair share" of their affordable housing impacts; and 3) produce new affordable housing to reduce/eliminate the current affordable housing shortfall. The Kraut development represents the continued implementation of the City's and the Housing Authority's Affordable Housing Production Plan. More importantly, Kraut represents a sustained and vital commitment by the community to provide affordable housing to those citizens in need. - 4 - I 1 a 1 2.0 Planning Goals &Objectives 1 1 I [l 1 I 2.0 PLANNING GOALS AND OBJECTIVES The Housing Authority's planning process for Kraut is based upon a set of adopted goals and objectives that are included within the Aspen Area Comprehensive Plan and the adopted Affordable Housing Production Program. This section discusses the relationship between the Kraut development proposal and the Comprehensive Plan and Housing Production Program. 2.1 Relationship to Aspen Area Comprehensive Plan The Aspen Area Comprehensive Plan is divided into various elements, each of which has its own vision or goal. The vision statements relevant to the Kraut project are listed below in bold type, and the planning method used to comply with the goal is described. Housing: Create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable. Long-standing planning goals of the community have been: 1) to preserve the existing housing inventory; and 2) to provide new housing opportunities dispersed throughout town. The attainment of these goals will aid in promoting a socially and economically balanced community. To achieve these goals, the City acquired "scattered sites" throughout the community for the purpose of developing affordable housing. The parcels (Kraut, West Hopkins, East Hopkins and Austin) vary in location, size, potential development density and character. Each development will be planned within a "neighborhood Icontext." The Kraut proposal will be complimentary to the existing Commercial Core and East End development patterns. The residential units will be administered by the Housing Authority to ensure the project's ' long term availability and affordability to qualified residents/employees. Character: Preserve and maintain the existing character of the community. Traditionally, Aspen's neighborhoods have been comprised of a mix wof housing types, including those which are affordable by its working residents. Development of the Kraut property will invigorate and sustain a year-round resident population within the r City core. It will be compatible with the Commercial Core and East End neighborhoods in terms of land use, development intensity, site Idesign, massing, scale, and architectural character. Process: The community should collectively address and resolve its issues and problems by considering the interest of all its citizen. Affordable housingcontinues to be an important local issue and P concern. To assist in resolving the affordable housing problem, City and County residents have responded by approving several - 7 - sources of funding. New tax provisions were enacted by the City's electorate, creating tax revenues of over $2 million per year for ithe next ten (10) years dedicated to affordable housing. County voters approved up to $6 million in bonding authorization for affordable housing. To further ensure the success of the affordable housing program, local residents are encouraged to participate at the neighborhood level in the planning and development of the various affordable housing sites. Transportation: Create a creative non -auto oriented public, mass transportation system which integrates pedestrian and bike trail system with community facilities and services. The Kraut Development has the potential of becoming a "model" auto - disincentive project. The development will be within easy walking distance to the downtown core area which provides employment, goods and services, public facilities and recreation. The project will be well -served by existing mass transit bus routes, a network of pedestrian sidewalks and bikeways. Off-street parking spaces will be limited to minimize automobile ownership and dependency. Balanced and Encourage land uses, businesses, and events Managed Growth: which serve both the local community and the tourist base. The Growth Management Plan was established to ensure that components of community growth are balanced. Even with this - 8 - "system balance" in place, the community has become asymmetrical as many working residents are excluded from Aspen's neighborhoods. The (AH) Affordable Housing Zone, along with the City's other ' legislated efforts (Ordinance 1; Cottage in -fill), will assist in realigning and revitalizing Aspen's residential neighborhoods. The AH Zone is intended for use primarily by permanent and/or working residents. The rezoning of the Kraut Parcel to (AH) Affordable Housing personifies balanced and managed growth that directly benefits the local populace. These individuals and their dependents constitute the essence of the Aspen community. ' 2.2 Relationship to Affordable Housing Production Plan The Affordable Housing Production Plan is intended to be used as a tool by elected City and County officials to guide housing deci- sions through 1995. The purpose of the plan is four (4)-fold: r* To identify the existing deed -restricted inventory by type, price, and quantity. * To identify the existing affordable housing shortfall and likely demand through 1995. * To identify demographic trends which may influence the community's decisions regarding the type of affordable housing to build in the future, and * To identify a six (6) year production program to address the community's affordable housing need. I� 1 1 I n I 1 The plan identifies a 1990 deed -restricted housing inventory of 966 units. It also substantiates the need to produce an additional 800 units by 1995 if growth within the area continues at its present rate. To achieve this goal, it is estimated that legislated efforts will provide 222 units; the private sector will develop 115 units; and the public sector (City and County) will be responsible for producing 463 units. Data indicates the need to provide affordable rental housing for single -person households. Addition- ally, current trends indicate a need for ownership opportunities in family housing. The Kraut project is included within the 154 units targeted for development in 1991-92 by the public sector. The proposed twenty- four (24) to thirty (30) units are designed to meet the needs of Category 1 and 2 households including single persons (Square Foot Ranges and Income Maximums, Exhibit C). The key factor to the success of the Affordable Housing Production Plan is implementation. The actualization of the Kraut project is another important step towards realizing the community's affordable housing goals. - 10 - 1 3.0 Existing Conditions I ' 3.0 EXISTING CONDITIONS The development plan is designed to be compatible with the environ- mental conditions of the property and surrounding land use patterns. Further, the plan is to be consistent with the Aspen Area Comprehensive Plan and the Growth Management Plan established by the City to guide development. This section of the application idescribes the environmental and man-made factors which have been Iconsidered in the planning of the Kraut parcel. 1 3.1 Natural Factors ' The parcel is located three and one-half (3-1/2) blocks to the north from the base of Aspen Mountain. The site is not endangered by rockslides, mudslides, avalanches or other natural hazards. The land is relatively flat. There is no significant tree cover or vegetation on -site. Several inches of gravel exist on top of the natural soil conditions. 3.2 Manmade Factors The site is a 150' x 100' rectangular parcel (Property Survey, Exhibit D) containing approximately 15,000 square feet of land. It consists of Lots E, F, G, H and I, Block 105, City and Townsite of ' Aspen, Pitkin County, Colorado. 1 - 12 - 1 I 1 1 II 1 1 P The site is presently zoned (0) Office. The areas north and south of the parcel are also included within the (0) Office Zone District. The exception is the Bell Mountain Lodge, which is zoned (L-P) Lodge Preservation. The area to the east of Original Street is contained within the (RMF) Residential/Multi-family Zone. Block 100, west of Spring Street, is (C-1) Commercial. Manmade improvements on -site are minimal. There are eight (8) metal posts with concrete bases, a wooden sign, and railroad -tie planter boxes. The site is currently being used as a commercial parking lot. The parcel is accessible via paved public streets, East Hyman Avenue and Original Street, and by a dirt alley between Hyman and Cooper Avenues. The public streets have curb and gutter. There are no paved sidewalks, only gravel paths. Utility lines are proximate and contained underground within the public street rights -of -way and/or alleyway. Several utility boxes are located in the alley along the northern property boundary. The property is bounded by several existing structures. West of the parcel is a two-story A -frame with the three-story Hannah - Dustin office building on the corner of Hyman and Spring Streets. The Buckhorn Lodge, a two and one-half story structure, is across the alley along the site's southern boundary. To the southwest is the two-story Bell Mountain Lodge. Across Hyman Avenue, to the north, is the Aspen Athletic Club. West of the two -plus story Athletic Club are the 700 Hyman Townhomes. This development - 13 - I 1 1 1 ll [I consists of three (3) half -duplexes containing six (6) units total. Each residence contains two (2) floors and a garden level. To the east, across Original Street, are one (1) and two (2) story single- family residences and condominiums. 3.3 Summary of Site Features and Conditions The Site Summary Map (Figure 3.1) presents an illustrative summary of site features and existing conditions that characterize the Kraut parcel and adjacent properties. These features and condi- tions represent both opportunities and constraints for development of the site. Opportunities for Development: * Minimal site preparation and grading will be required due to gentle topography. * The site is not impacted by natural hazards (ava- lanches, rockslides, flooding, etc.). There are no significant stands of vegetation, rare or endangered plants, or wild -life habitat to impede development. * The parcel is readily accessible via existing roadways and transportation systems. It is also within walking distance of downtown. * Utilities are proximate with available capacity to serve the development. * The neighborhood contains a variety of land uses, intensities of development, and architectural styles. * There are excellent views in three (3) directions; north, south and east. - 14 - fi IConstraints to Development: ' * Minimal slopes will require careful site grading to promote rapid surface -water runoff and drainage. * Subsurface soil conditions will need further investi- gation to determine below grade development potential and/or the need for large excavating equipment. * Development alternatives are limited by adjacent land uses and existing structures. n fl - 15 - >1 4- CZ :3 >1 4- a 0 U) o U) D 0 A-- 4- 13 T < n 41 rl P4 IN (1) In � 0 0 0 41 41 04 a) rA x .rA ai rA 04 0 0 p P4 EA Ul TI 4J 41 .1i N a - 0 a) a) r A 0 W p o V 4-J 41 r U) (n U) w P4 w EA P4 O tj-." HN V- J-1 oaL --J- -�7 11 � /. 0 ;rl I y I CY CT ..e I -{1-14 o 5S 0 CO cd 0 I I 1 4.0 Development ('Ian I ' 4.0 DEVELOPMENT PLAN Aspen/Pitkin County Housing Authority proposes to construct a mix of twenty-four (24) to thirty (30) affordable, deed -restricted residences on the 15,000 square foot Kraut parcel. The potential development plan may consist of a mix of studio, one -bedroom and ' two -bedroom apartments contained within two separate buildings. ' The plan (Site Plan, Figure 4.1) incorporates traditional, planning ' concepts. It is reflective of development patterns within the Aspen Town -site. Primary residential buildings are oriented toward ' public streets. Automobile access and parking occur along the rear, service alley. In terms of architectural character, the goal is to achieve a ' livable, human -scale residential development consistent with the Commercial Core and East End neighborhoods. Building forms are envisioned to be simple, two- and three-story rectangles with varied facades. Entryways will be detailed and positioned to provide individual identity and privacy for each residence. (Floor ' Plans, Figure 4.2; Massing Studies, Figure 4.3). ' 4.1 Water System The City of Aspen can provide service to the project from its existing water lines in East Hyman or Original Street. The lines ' have adequate pressure and capacity to meet the domestic and fire ' protection needs of the project. 17 - 11 4-J Q)-- cvU �•o U) Q04- :3 A-- 0 a P. o �r Cj Q-+ N • O V . -4 4-1 o 4.) o 0 N m = = = = m = = m m = ! m = = = r 4- :) C am, G a 0 .0 � Q C o _o — =Q Fh N CIO L (D 00 W4 0 0 O r-� N Cld O O � J Q N m m m m m m m m m m = m :3 Ol -> C: U .� o fix= D -F— yz- zo � � � S ,\ .and Nd�✓,�N �A z zZ 0 ,D .v cril o N .0 Cl o I I o N ......m=mm=mm..m.rm�..mmm 4.2 Sewage Treatment System The Aspen Sanitation District has sufficient line and plant capacity to service the development. 4.3 Drainage System It is anticipated that the development shall have a minimal impact on the property's historic drainage patterns and/or the amount and distribution of surface -water run-off. Historic drainage patterns shall be maintained. All run-off shall be detained on -site and released at historical rates. A drainage analysis will be prepared and submitted by a professional engineer at detailed submission. 4.4 Fire Protection The site is within the Aspen Fire Protection District. The Aspen fire station is located on East Hopkins Avenue approximately four (4) blocks northwest of the proposed development. Response time is estimated to be between three (3) and five (5) minutes. There is a fire hydrant at the northeast corner of the parcel across East Hyman Avenue near the Aspen Athletic Club. The buildings shall conform to Uniform Building Code standards regarding: sprinkling, fire -wall separation, fire alarms/smoke detectors and extinguishers. I - 18 - 1 4.5 Development Data Compliance with Section 5-206.2 (AH) Affordable Housing of the Municipal Code is shown in Table 4.1, Dimensional Requirements. ' Table 4.2, Development Data, summarizes the Kraut Affordable Housing proposal. 4.6 Traffic and Parking The primary arterial roadway servicing the Aspen community is Colorado State Highway 82. The highway enters town and follows the west/east alignment of Main Street, then turns south on Original Street. At Cooper Avenue, Highway 82 veers east out of town toward Independence Pass. East -west circulation to the site is along East Hyman Avenue, a local street. A twenty-four (24) to thirty (30) unit project will potentially generate approximately seventy-two (72) to one hundred fifty (150) vehicle trips per day, based upon an average of three (3) to five (5) trips per unit per day. The site is five (5) blocks northeast of the Rubey Park Transportation Center. Additionally, it is well serviced by several existing bus routes along Cooper Avenue, Spring ' and Original Streets. An extensive network of pedestrian walkways and bicycle trails are proximate and readily accessible. The idowntown commercial core is within easy walking distance. City f Market is one (1) block to the south. Given these considerations, it is anticipated that a minimum number of vehicle trips will be Igenerated by the residents. - 19 - 1 1 1 1 1 1 1 1 1 1 1 TABLE 4.1 DIMENSIONAL REQUIREMENTS AH Zone Maximum Criterion Requirements Proposal Minimum front yard 10, 10, Minimum rear yard 10, 10, Minimum side yard 5' S' Minimum distance between bldgs. 5' Maximum height 25' 301(by spec. review) 30' Minimum lot size 3,000 s.f. 15,000 s.f. Minimum lot area/unit Studio 300 s.f. 10 units = per unit 3,000 s.f. One bedroom 400 s.f. 10 units = per unit 4,000 s.f. Two bedroom 800 s.f. 10 units = 8,000 s.f. Minimum lot area total 15,000 s.f. Maximum F.A.R. 1.1:1 Maximum Floor Area 16,500 s.f. (15,000 s.f. lot) Minimum open space (%) Special Review Open space Special Review Off-street parking Special Review 24-30 spaces (1 space/unit) - 20 - TABLE 4.2 DEVELOPMENT DATA Number Unit Type Unit size Category 1 4-5 Studio 350-400 s.f. 4-5 One Bedroom 450-500 s.f. 4-5 Two Bedrooms 700-750 s.f. Category 2 4-5 Studio 450-500 s.f. 4-5 One Bedroom 550-600 s.f. 4-5 Two Bedrooms 750-800 s.f. 24-30 Total Units Total Net Livable: 13,000-17,750 s.f. NOTE: The figures above are "Net Livable," not "gross" square footages. If a maximum development program at 30 units is pursued, garden level units will be necessary for the project to stay within the maximum F.A.R. permitted under the AH zone. - 21 - ' A maximum of thirty (30) off-street parking spaces (1 space/unit), is proposed. Parking will be accessible from the alley via either ' Spring or Original Streets. A combination of surface and structural parking spaces will be provided. 4.7 Affordable Housing The Kraut development will provide 100%, affordable, deed - restricted housing in compliance with Aspen/Pitkin County Housing Guidelines and 1990-95 Production Plan. A summary of the proposed ' affordable housing project is detailed in Table 4.2. 1 4.8 Stoves and Fireplaces ' The development will not have any residential units equipped with heating stoves or fireplaces. 1 4.9 Proximity to Public Facilities The site is near a variety of community facilities. The Public Facilities Map (Figure 4.4) illustrates the projects' relationship ' to parks, schools, libraries, governmental offices, etc. ' 4.10 Proximity to Services The Kraut project is centrally located with respect to existing ' retail and service outlets. It is situated at the eastern edge of the downtown, central business district. The Hyman and Cooper Avenue Malls are three (3) blocks to the west. City Market is located one (1) block to the south. - 22 - 4— O •� W OL U 'C � Q _o 41 ._l ii r-1 W tti+ O O U '� W V, L' ri O N H N N O a fd C! r-1 W rU w H 'd 'Ar1 z U In tr x -- u � x rd 4-1 -r1 N O x Z O H U O U r-i O 0 0 14 rd U' N U H P 41 O O Z W O r� c7 O 1,1 N x 1 w w 1-1 U O D4 tll U13 w rd a rid O .,Arc! pi 3 ci W kD r-f 1- ri 00 rA Ol rl O N rf N Ca N N C1 N V' N Un N W N N 00 N 01 N >I O (h ri Cl P4 O N ri x >, .r U ri .ri N i N ru rri �� b N tP ! oG r(d a 1d a 'J+ W a 4-14) U ri N 9 !�i H �i P U zH 64 H O {� 11 O U N m U }J •'] 0 U �1 01 U t' 0 O >+ rd !a A �a 1 RWf W W 4-1 O 4J O a, U cn 4j V1 N O a, N p N ri Iv .00 3 �+' H Ci a) U) , Ci al 1A r En rd U O 41 tn 1-1 aC V1 W C1 YV _1 r R/ I() to I. c0 � O, O r--I 1 r 1 rl rl rl �f ,I h �-.. "-f �,, RS D L U n ON M O O� O M 0 o N 0r- 0 .� rJ CTJ rJ O - rl O J O - In �. ~ O ~ O r-f m m m M r r m m m w r m= m m i w m m 1 4.11 Effect on Adjacent Land Uses The Commercial Core and East End neighborhoods are characterized by a variety of land uses and development densities. The planning process for Kraut acknowledges this fact. The development will be compatible with the existing multi -family projects to the north and east. It will also create an effective transition zone between the commercial uses along East Hyman and Cooper Avenues and the residential neighborhoods east of Original Street. The land use patterns and neighborhood character will be maintained and strengthened by this zone amendment. ' 4.12 Construction Schedule The Housing Authority is seeking to begin construction of the Kraut project in the spring of 1992. It is estimated that a twelve (12) month construction period shall be required to complete the development. The residences should be ready for occupancy by ' Spring of 1993. J - 23 - rl 5.0 Lana Use RegUirenlents E I F L 1 1 5.0 LAND USE REQUIREMENTS The Kraut Affordable Housing Rezoning Application addresses the Amendment to Official Zone Map review standards (Pre -application Conference Summary, Exhibit E). Within this section, compliance with the land use requirement is discussed. 5.1 Amendment to the Official Zone District Map Aspen/Pitkin County Housing Authority (APCHA) requests the City of Aspen to grant rezoning approval to (AH) Affordable Housing from (0) Office for the Kraut parcel. Section 7-1102 of the City Code establishes standards of review for rezoning amendments. In the following section, each of the review standards is listed in bold and the methods of compliance are stated. Section 7-1102(A). Whether the proposed amendment is in conflict with any applicable portions of this chapter. The proposed development complies with applicable portions of the Aspen Municipal Code Land Use Regulations as demonstrated within this application. Section 7-1102(B). Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The Housing element of the Aspen Area Comprehensive Plan, Phase 1, 1991, establishes a goal of creating a housing environment which is dispersed, appropriately scaled to the neighborhoods and - 25 - affordable. The proposed rezoning amendment, (AH) Affordable Housing from (0) Office, is consistent with the Comprehensive Plan ' (Land Use Application, Section 2.1) and 1973 Land Use Plan (Section 1.3). Section 7-1102(C). Whether the proposed amendment is com- patible with surrounding zone districts and land uses, con- sidering existing land use and neighborhood characteristics. ' The neighborhood is characterized by having varied zone districts (Existing Zoning Map, Figure 5.1) including: (0) Office, (LP) ' Lodge Preservation, (C-1) Commercial, and (RMF) Residential/Multi- Family. Land uses also vary widely: Professional offices, ' athletic club, fast-food restaurant, small lodges, townhouses, ' multi -family units, and single-family residences. ' The Neighborhood Commercial (NC) Zone is one (1) block south of the site. It includes City Market, a video rental shop, liquor store, two (2) delis, a ski shop, and hair salon. IThe proposed zone district of (AH) Affordable Housing and multi- family land use (Proposed Zoning Map, Figure 5.2) are compatible and characteristic of the existing neighborhood (Land Use ' Application, Section 4.11). ' Section 7-1102(D). The effect of the proposed amendment on traffic generation and road safety. A twenty-four (24) to thirty (30) unit development should generate approximately seventy-two (72) to one hundred fifty (150) vehicle - 26 - fl. •�i � cu _� SF (d t ; N n1 rt1 U o ..I I •, I I D n� c�'. 4-1 0 U o I q1 c°� `s) ( -1 Ol -1 -0 p E j CJ� r. U) r1 E: 1 . V. 3 44 p n) 1 O a)n O 0 XXr Q) J l t� qL w Q 1 � N 1 N � ._... C CD C:: L- W (-i8•��+�IH �t�.lS a4-d�l�lo�� 14 do !,S m r = = m w = = = m = = = = m 1iI � N •� \ N T I u (1) tr� b >a .o - >, U Q) -1-1 L al p� In rd O �� (J N j r; rt1 N n1 p, 'd •'I ni ;ai ai aai ' -- � � >a •� U N to .,-f 4-, EH va o ��-, o N O N p n 0 T7 011� x o ;; u z u u u - --Xx - - Q) it 1 <1 kno q ssv Ct\ _I a G img = r = = m = = = r r = r = = m = r ' trips/day (Land Use Application, Section 4.6). Due to the in -town location and proximity to mass transit routes, it is estimated that a minimum number of vehicle trips should be generated by residents ' of the project on a daily basis. The proposed amendment should not adversely impact traffic generation and/or road safety. Section 7-1102(E). Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, water supply, parks, drainage, schools, and emergency medical facilities. The Kraut Affordable Housing Development, based on APCHA Guidelines, should generate a resident population of approximately fifty-three (53) persons. This figure is calculated for a maximum thirty (30) unit project as follows: (10) studio units at 1.25 persons/unit (12.5 persons); (10) one -bedroom units at 1.75 persons/unit (17.5 persons); and (10) two -bedroom units at 2.25 persons/unit (22.5 persons). The actual number and mix of units will depend on the results of market research currently underway. The proposed development and its resident population should not over extend the capacities of existing public facilities. Current facilities are capable of accommodating the service demands of the project and its residents. C - 27 - Section 7-1102(F). Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The project is within the existing, developed Aspen Townsite and shall not adversely impact the natural environment (Land Use Application, Sections 3.1 and 3.3). Section 7-1102(G). Whether the proposed amendment is ' consistent and compatible with the community character in the City of Aspen. ' Aspen's neighborhoods, including the Commercial Core and East End, have been traditionally comprised of various housing types, ' including those which are affordable by working residents. The ' proposed (AH) Affordable Housing amendment is consistent ana compatible with the community character of Aspen (Land Use Applica- tion, Section 2.1 and Neighborhood Context Map, Figure 5.3). ' Section 7-1102(H). Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Neighborhood conditions within close proximity of the Kraut parcel have changed significantly in recent years. Substantial quantities of free-market housing, traditionally used by working residents, have been removed from the available inventory. A variety of factors have contributed to this situation: demolition/ redevelop- ment of older properties, speculative second -home development, condominiumization, conversion to short-term rental, and increased rental rates. - 28 - 7 L b 4 N b �4� �-� 04 o o u a° O L a U) rd rl r-1 p i I Q U in Q N 1 rt1 r td rd R1 ci i4 41 rd •14 U 4-1 44 44 0 44 0 a, �mf 0 a 0 0 0 iT TJ �x o a a u zu u u C J 61 ____L :�7v lu cs� f% LO o CD CD (—G q --- 7 171N ,91--�1 m • _ -4W jJ X O N O U � kD kD °o Ot O to- m m m m m i = m = m i = = m = = m i m To address the affordable housing problem, the City, County and Housing Authority enacted a comprehensive program. An important component of this multi -jurisdictional plan is to produce new ' affordable units. Affordable housing projects recently completed include: Marolt Ranch, Twin Ridge, and Truscott Place. Williams 1. Woods, formerly Rubey Lot 6, is being constructed and the West Hopkins project should be under construction in the spring of 1992. The Affordable Housing Production Plan establishes a goal of an additional 463 units to be produced between 1990-95 by the public sector. The Kraut development is consistent with this production plan. Recent changes within the community support and strengthen the need for the proposed (AH) Affordable Housing amendment (Land Use Application, Sections 1.3, 2.1, and 2.2). Section 7-1102(I). Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. The proposed amendment is consistent with established public policy regarding affordable housing. The adoption of the 1973 Land Use Plan instituted a policy favoring the development of housing for employees of the community. The current Land Use Regulations, Comprehensive Plan, and Production Plan are further refinements in striving to attain the community's affordable housing goals (Land Use Application, Sections 1.3; 2.1 and 2.2). - 29 - I 6.0 In-iplenlentation Plan 6.0 IMPLEMENTATION PLAN 6.1 Detailed Plans A detailed submission shall be prepared for the Kraut Affordable Housing Development. The detailed plan shall conform to the Land Use Rezoning Application in terms of general location, proposed type of dwelling units, density range, and general standards of development. The detailed submission shall be consistent with the City's current application and submittal requirements. The detailed plan shall be developed subject to all conditions imposed as terms of the Land Use Application rezoning approval. - 31 - Appendix I I 1 exhibit A I I L Ll ` ` 3 1 , 16 R E7 EMPT j Silvia Da.v eclO.tiq BF:. PG 192 Fitk:in Cnty Clerk, Doc �O w z ^TT Recorded at o'clock M. � y c a, Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: ^'• Y; Edward M. Caswall, Esq. Aspen City Attorney v 130 South Galena Street Aspen, Colorado 81611 ' H GENERAL WARRANTY DEED HO zwx a a l�j ELAINE KRAUT A/K/A ELAINE M. KRAUT, as Grantor(s), for one million one `� hundred thousand and no/100 ($1,100,000.00) dollars and other good and valuable consideration, .� r� in hand paid, hereby sells and conveys to CITY OF ASPEN, A COLORADO MUNICIPAL c l' CORPORATION, as Grantee(s), whose address is 130 South Galena Street, Aspen, Colorado F F 81611, the following real property in the County of Pitkin, .state of Colorado; to wit: � z- y LOTS 1 AND 2, KRAUT LOT SPLIT, ACCORDING TO THE W PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 5, ALSO KNOWN AS LOTS E, F, G, H AND I, BLOCK 105, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, r STATE OF COLORADO with all its appurtenances and warrants tide to the same SUBJECT TO AND EXCEPTING: to i— 1. Taxes for the year 1990 due and payable in 1991 and all subsequent years not yet L; due or payable. 1- 2. Reservations and exceptions as contained in Deeds from the City of Aspen, recorded December 10, 1887 in Book 59 at Page 150, and recorded January 28, 1889 in Book 59 at Page 540 as follows: Provided, that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws 3. The mineral rights as conveyed to Edward J. Smart by Deed recorded October 25, 1984 in Book 475 at Page 676. 4. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in curb, gutter and sidewalk Improvement Agreement recorded in Book 616 at Page 574. i5. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Statement of Exemption form Subdivision recorded in Book 616 at Page 576. 6. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Ordinance No. 10 (Series of 1990) recorded in Book 627 at Page 827. 7. Easements, right of ways and other matters as shown on Plat of said Lot Split recorded in Plat Book 24 at Page 5. 8. Existing parking leases installed by Sy Kelly (Double K Parking) and master lease agreement between Sy Kelly and Grantor. Signed this day of January, 1991. Elaine Kraut a/k/a Elaine M. Kraut exhibit A S i1via * vis, Pitkin Cnty Clerk:, CO $. 00 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN The foregoing General Warranty Deed was acknowledged before. me this day of January, 1991 by Elaine Kraut a/k/a Elaine M. Kraut. Witness my hand and official seal. My commission expires: .............. 40 Joy S. HigensiNotary Public Notary tblic -0-0-0- � 1 .1 My Commission expires 4/22194 601 East Hopkins Aspen. Colorado 81611 .P.k—,1103— -2- ii F I r F� n u 5 exhibit B IRegular Meeting Aspen City Council August 26 1991 uncilman Peters moved to adopt Ordinance #17, Series of 1991/nce o se and seconded by Councilwoman Richards. Cou,reading; man Peters said his intention is to legitimize whae with no�urther development. Councilman Peters said to ee L mistakesould fly in the face of everything elseCouncil . Councilwoman Richards said she would rather see a hot ub in the window well than force it in the decks above ground. yor Bennett agreed 8 feet below grade would have less effect on he neighbors. Ms. Johnson read\the condition, "No further develo ent, including but not limited to pools, retaining walls, wind wells, shall be permitted on the west side of lot 111. Council an Reno disagreed; this condition was riot brought up and Council should not be adding new restrictions on to 1's envelope. Mayo Bennett said he would prefer not to get involled in telling the pplicants what they can and cannot do in the bott m of the wind wells. Ms. Johnson suggested in co dition tt5 No further development, including but not limited to • . shall be permitted outside of the building envelope on the weside of lot 111. Ms. Johnson said this would allow anything tha not floor area, because the building is already non-confo ing \ like a barbeque or not tub. Ms. Margerum suggested addin "No further development above grade". Councilman Peters withdr his motion. Mayor Bennett said he ould vote to prohibi anything at all that is above the bottom f the existing window wells or nothing shall come within 6 feet grade. Councilman Peters moved to adopt Ordinance #17, Ser es of 1991, on second reading inserting language to prohibit any f:ure develop- ment on the/"st side of lot 1 excluding any development,within the window wet/Ts 6 feet below lot grade or more; secondby Mayor Bennett./Roll call vote; Councilmembers Pendleton, yes; Richards, yes; RR no, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Cou c` ilman Peters moved to suspend the rules and extend the meet' ng P to/ 10 p.m.; seconded by Councilwoman Richards. All in favor, Motion carried. AUTHORIZATION TO SUBMIT REZONING APPLICATION KRAUT PROPERTY Carr Kunze, housing director, requested authorization to submit on the city's behalf, a rezoning application for the Kraut property to AH, affordable housing. Kunze reminded Council the ultimate development authority has not been determined yet. The proposal is for 22 to 28 units, subject to unit mix, neighborhood concerns, FAR and livability concerns. The housing authority has recommended a mix of income categories with an emphasis on categories 1 and 2. 13 exhibit B Regular Meeting Aspen City Council August 26, 1991 Councilman Reno said he requested this be taken off the agenda as Council had questions about development and finances of develop- ment. Councilman Reno said he would like to see where the money is coming from to develop this project before it goes any further. Councilman Reno said he also wants the city to look at private or non-profit developments. Councilman Reno said he also wants to make sure that the use of the parcel is being maximized. If there are other potential uses, these should be looked at. Councilman Peters said a complete open door policy does not mean the city will get a lot of good applications. Councilman Peters said he would like to go forward with the development. Not knowing where the money is coming from is not an impediment. Councilman Peters said maximizing the property has not been completely addressed in terms of subgrade space. Kunze told Council the housing office has a good model with the rezoning of West Hopkins and a good format. Councilwoman Richards said she favors moving forward with the rezoning application. Mayor Bennett said he favors giving the housing authority the go ahead while Council seeks any private enterprises for this project. Councilwoman Pendleton said she likes this site and its location for building employee housing. Councilman Peters moved to authorize the housing authority to prepare an AH rezoning application for the Kraut property; seconded by Councilwoman Pendleton. Councilwoman Richards said she would like to see notices of the meetings include a special notice to invite private proposals into the development of the property. Councilman Reno said he is only opposed to this as it limits some opportunities. Councilman Peters encouraged the housing authority to take another look at the development plan; the current plan has about 70 percent of the subgrade space not developed. Councilman Peters said he does not feel this is reasonable in the commercial core. All in favor, with the exception of Councilman Reno. Motion carried. PROPOSED FNMA FORECLOSURE PROCEDURES Car unze, housing director, told Council Federal N Mortgage 'ation provides a secondary market D enders; it buys mortgages an s them on the nati arket to institu- tional and private investo u e_said local lenders would be very interested in havin ss to - rovided financing. This provides a wider y of mortgages and more etitive interest rates. said FNMA has a concern that in the t of a fore osure that they would have an ability to remove a 14 1 exhibit C Ci I I 1 1 1 1 1 1 i 1 1 I 1 1 1 1 1 1 1 INFORMATION ITEM TO: Housing Authority Board FROM: Yvonne Blocker, Administration Manager DATE: March 17, 1991 RE: Amendment to Affordable Housing Guidelines 1990 SUMMARY: The 1990 Affordable Housing Guidelines were amended by the Aspen City Council on December 17, 1990 and the Board of County Commissioners on December 18, 1990 to provide for the revised Maximum Income Tables and the addition of a Category #3 square foot range. The revisions are as follows: Cat tt l Cat ,# 2 Cat ,# 3 Studio 300-400 401-500 501-600 One Bed 401-500 501-600 601-700 Two Bed 501-750 751-900 901-1,000 Three Bed 750-900 901-1100 1101-1200 SFH 901-1100 1101-1200 1201-1400 INCOME MAXIMUM TABLE REQUIRED Cat 1 Cat 2 Cat 3 Studio $13,333 $20,961 One Bed 16,666 24,121 Two Bed 24,998 37,712 Three Bed 28.895 46.092 $30,283 35,331 50,473 60,568 SFH 36,664 48,400 70,662 Cat #4 601-650 701-750 1001-1100 1201-1400 1401-1600 Cat 4 $38,379 44,283 64,942 82,662 94,470 exhibit C I exhibit D Fl 1 I u I SFr... -U -u a -.��cwlWi wide J�-• _ ,' '- - .•. .. OU<J P _ ¢WZ� r71<''1C701 fi$, I h� - ,Jr11I �.. I \ W�zFoKs•i F WHf F WO W. ,,`•..~.•••,I V.r ��J -' 1 A - - rN[. . u- a ° ._ - W t'Jo_�< .- ' :err U•rS�Wrsozoio ., o '//��,...¢ 0. f wga�i � z t VO=NZ ¢4owO1"WH ,�-•.-. O O �� J . - f.L. .. r 4 i0 •RJ _ .W • r o J o «o > m ¢ :v<mom. LPJI W.- CW itw�¢n�F»'... . �:W Q i> o U -06 aoF;i^� Inr m WJ zoJ _ K< o °r¢ "<oi. > to �••: Y IW- u <zmNr - pci '. .. 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U IJJ I — 0 — Q) k v U) w O z co 0 z 'W V W J r= r w= r= m w i s m w m m w m r 1 it exhibit E 1 n CITY OF ASPEN ' PRE -APPLICATION CONFERENCE SUMMARY PROJECT, ' APPLICANT'S REPRESENTATIVE:�t�t� REPRESENTATIVE'S PHONE: o�I OWNER'S NAME: ak, "- Ci n 1 SUMMARY 1. Type of Application: Y\1C5L_0 A,/ 2. Describe action/type of development beinq requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent r' Comments 4. Review is: (P&Z Only) (CC Only)1e?1't0 5. Public Hearing: ` L�(Y9) (NO) 6. Number of copies of the application to be submitted:T3 7. What fee was applicant requested to submit: �\S+Qp—,tN"JA 8. Anticipated date of submission s-I"�_ 9. COMMENTS/UNIQUE CONCERNS: E exhibit frm.pre_app CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10 25 91 PARCEL ID AND CASE NO. DATE COMPLETE: li 14 2737-182-27-002 A60-91 STAFF MEMBER:— LL 6-F-for� a PROJECT NAME: Kraut rnQGL�ousing Project mab )9hie-not rY1eh_/L_0reZonkn Project Address: 707 East Main Street, Aspen, CO 81611 -fp K44-V Legal Address:__ Block 105, Lots E, F, G, H, I APPLICANT: Aspen/Pitkin Housing Authority Applicant Address: REPRESENTATIVE: Dave Toldf, Housing Authority Representative Address/Phone: 39551 Hwy 82 Aspen, CO 81612 920-5050 PAID:(YES) NO AMOUNT: NC NO. OF COPIES RECEIVED 13 TYPE OF APPLICATION: 1 STEP: 2 STEP: X P&Z Meeting Date �DpG, PUBLIC HEARIN YE NO CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES VESTED RIGHTS: YES Planning Director Approval: Insubstantial Amendment or Exemption: REFERRALS: City Attorney Mtn Bell City Engineer Parks Dept. Housing Dir. Holy Cross Aspen Water Fire Marshall City Electric Building Inspector Envir.Hlth. Roaring Fork Aspen Con.S.D. Energy Center NO NO Paid:, Date: School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Other DATE REFERRED: / I l g h I INITIALS: 0(J FINAL ROUTING: City Atty Housing DATE ROUTED: INITIAL: City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: 0 40 ORDINANCE NO. 39 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM OFFICE (0) TO AFFORDABLE HOUSING (AH) LOST E, F, G, & I, BLOCK 105, ON THE CORNER OF EAST HYMAN AVENUE AND ORIGINAL STREET, ASPEN COLORADO WHEREAS, pursuant to Section 24-7-1102 of the Municipal Code the applicant, the Aspen Pitkin County Housing Authority, has submitted an application for a map amendment for the rezoning of Lots E, F, G, & I, Block 105, on the corner of East Hyman Avenue and Original Street, from O (office) to AH (affordable housing); and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on December 17, 1991 to consider the map amendment at which time the Commission tabled review of the application pending a worksession with the City Council and interested neighbors; and WHEREAS, staff met with interested neighbors on March 5, 1992 to discuss neighborhood concerns with regard to the rezoning; and WHEREAS,the Commission held a public hearing March 17, 1992 l to reconsider the rezoning of the parcel from Office to Affordable Housing; and WHEREAS,the Commission considered the representations made by the applicant and interested public and found that the rezoning application complies with Section 24-7-1102 and is consistent with the goals of the City to provide scatter site affordable housing throughout the City and within walking distance of the downtown, that the site is consistent with the 1973 Aspen Area Comprehensive Plan and the 1992 draft Community Plan that identifies this site as a multi -use site, is not in conflict with any applicable portions of Chapter 24, is compatible with surrounding zone districts and land uses, is consistent and compatible with the community character in the City of Aspen, and is in harmony with the purpose and intest of Chapter 24 of the Municipal Code; and WHEREAS, the Commission recommends to the City Council approval of rezoning the parcel from Office to Affordable Housing; and WHEREAS, the Aspen City Council concurs with the finding as made by the Commission as set forth above and having considered the Planning and Zoning Commission's recommendation for a map amendment does wish to grant the requested map amendment for the southwest corner of East Hyman Avenue and Original Street, Aspen Colorado. ► s NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• That it does hereby grant rezoning of the southwest corner of East Hyman Avenue and Original Street, Lots E, F, G, & I, Block 105, Aspen Colorado from O (office) to AH (affordable housing). Section 2• The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 3• 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 4• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• A publi hearing on the Ordinance shall be held on the 2 % day of� 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Ha spen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as rovided by law, by the City Council of the City of Aspen on the day of 1992. J John Bennett, Mayor 0 i ATTEST: r Kathryn S Koch, City Clerk - FINALLY, adopted, passed and approved this L� day of 1992. John nnett, Mayor ATTEST: athrY n S. Loch, Y Cit Clerk 0 0 Vill b MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direct4� FROM: Leslie Lamont, Planning DATE: August 10, 1992 RE: Kraut Property Map Amendment Office to Affordable - Second Reading Ordinance 39, Series 1992 SUMMARY: Council tabled second reading of Ordinance 39, Series of 1992 at the July 27, 1992 public hearing. Council requested staff to provide the following items for their review which would support the rezoning of the Kraut parcel from Office (0) to Affordable Housing (AH): * Commuter/Workforce Information * Relevant Sections of the Draft 1992 Aspen Area Community Plan These items are discussed in the current issues section. Council also requested information regarding the proposed text amendments for Affordable Housing zone district and this information is provided in Attachment "C". PREVIOUS COUNCIL ACTION: This rezoning request was tabled from the July 27, 1992 public hearing. CURRENT ISSUES: In October of 1991 a citizens Housing committee was appointed by the City Council and Board of County Commissioners to research the housing needs of the Aspen area community. The Committee's work has been an integral part of the formation of the Draft Aspen Area Community Plan (AACP). The Committee studied the housing issues of the community for over nine (9) months concluding with specific recommendations to the AACP Oversight committee. The Housing committee recommendation process can be summarized by four (4) distinct phases of work. 1. Review of Phase I technical data housing needs assessment 2. Establishment of a housing philosophy 3. Identification of a potential housing locations 4. Housing needs assessment (actual survey through AACP consultants) 5. Final recommendations to the Oversight committee J Once step 4 had been competed, the Housing committee recognized that the future planning of the Aspen area community was dependent on revitalization of the local resident workforce. Research (see Attachment "A", Housing Needs Assessment, May 1992 and Attachment "B", Implications of Community Plan Policies) indicated that the resident workforce has dropped by 15% (to 45%) since 1987, meaning that more of the Aspen workforce was moving away and relocating to other communities and commuting to Aspen. The Housing committee used 1987 as a baseline since that is the year they agreed that many of the workforce began to leave the residential community. The committee determined that a sense of community is lost when the level of the workforce living in the community drops below the 1987 level, which represented 60% of the workforce living up valley of Aspen Village. The AACP is premised on the committee's final recommendation which was accepted by the Growth and Character committees' and approved by the Oversight committee. In order to achieve the ambitious goal of providing housing for 60% of our workforce in the Aspen area community, the public and private sectors must contribute through the production of affordable housing. The AACP has established other parameters which help define the level of public contribution required for housing over the next 23 years (at which time the community theoretically reaches buildout). The Plan, to date, suggests that 53 dwelling units of affordable housing are required per year, based on continued buildout in the commercial, lodge and free market residential sectors and based on a 650 dwelling unit deficit. The contribution of the various sectors of the community is estimated as follows: 53 AH units: 19 public sector units built per year; 8 units built per year in association with lodge development; 9 units built per year in association with new free market residential development; 17 units built per year in association with new commercial development. The rezoning of the Kraut property for affordable housing was identified by the AACP Housing committee as a location for affordable housing. The committee has established the need for affordable housing located between Aspen Village and the City of Aspen. In order to reach the specific goal to house 60% of the workforce in the community at the time of buildout, an established unit count contribution by the public sector is 19 units per year. In addition, for the public record, staff has attached the July 27, 1992 memo with all the pertinent information. RECOMMENDATION: The Planning & Zoning Commission recommends approval of the rezoning of Lots E, F, G, H, and I, Block 105 of • 11 the Aspen Townsite (Kraut property) amending the Official Zone District map from Office to Affordable Housing. ATTACHMENTS: A. Housing Need Assessments & June 23, 1992 Memo to Sub -committees B. Action Plan Recommendations C. Draft Affordable Housing Text Amendments D. Council July 27, 1992 Memo with Exhibits AD . #4 ttr ASPEN AREA COMMUNITY PLAN HOUSING NEEDS ASSESSMENT PREPARED BY ALAN RICHMAN PLANNING SERVICES MAY, 1992 • • ASPEN AREA COMMUNITY PLAN HOUSING NEEDS ASSESSMENT A. Purpose In the approximately 15 years since the City of Aspen and Pitkin County first began addressing the problem of affordable housing, several assessments of the future need for such units have been accomplished. Surveys of employees have been conducted in 1979, 1981, 1983, 1987 and 1990/91, providing a statistical basis from which to determine the community's need for affordable housing. In January of 1980, the first numerical definition of employee housing need in Pitkin County was issued. Based on survey data, which established the number of persons who wanted to move to Aspen from down valley, the number of persons paying housing costs beyond their means and the number of persons living in overcrowded conditions, a 250 unit rental/ownership "shortfall" was defined. The report also projected the need to produce 67 units per year, to address demands due to growth in the size of the work force. The several needs assessments which have occurred since 1980 have taken into account the same basic factors as the original study, while adding some new considerations. A constant factor throughout each assessment has been the 250 unit shortfall, to which has been added the demand associated with growth in the work force and the demand due to displacement of employees from free market units. The Housing Committee -of the Aspen Area Community Plan has examined the housing needs assessment methodology which the City and County have been utilizing in recent years. The Committee finds that several refinements should be made to this methodology to reflect the current housing situation in the Aspen Area, so an estimate of housing production needs can be formulated for the Community Plan. The methodology which is being used in 1992 builds upon the previous assessments, but does not take the 250 unit shortfall as its point of departure. That shortfall reflects the 1979 housing market and employee profile, which is vastly different than today's. Some key differences are the older, more permanent population, which is seeking more family -oriented housing, the greater housing choices which now exist down valley, and the widening gap between the price of free market ownership housing opportunities in the Aspen Area and employees' ability to pay. This assessment instead begins with the Committee's determination that in 1986 (when the 1987 housing survey was actually conducted, and prior to the displacement of the late 1980's), there was a more acceptable community balance than presently exists in the Aspen Area between resident and non-resident housing. The Committee finds that the number of persons needing to be housed to re -constitute the prior balance provides a better way of defining the current unmet need for affordable housing than the prior shortfall analysis. A new housing needs assessment has, therefore, been conducted in conjunction with the Community Plan. The purpose of this report is to summarize the housing needs assessment methodology which the Committee chose to utilize and describe the results obtained. It should be recognized that a comprehensive plan for addressing the community's housing needs must not only take into account the total number of employees requiring housing, but should also consider the type of units these persons desire, the amount they can afford to pay for housing, and the location/design of the units. The plan should also consider whether the amount of housing which needs to be produced can be achieved within the buildout permitted by current zoning, or whether changes should be made to the zoning maps or land use regulations to achieve the community vision. These changes could include designating lands for development within the affordable housing zone district, or changing the percentage of all new development which must be affordable housing. An analysis of buildout as compared to housing need is provided within this report. B. Components Of Housing Need The three components which the Committee finds comprise the total housing production need for the Aspen Area are as follows. 1. The current unmet need for affordable housing in order to increase the percentage of the work force which is housed in the Aspen Area. 2. The demand for housing from new commercial, lodge, residential and recreational development and from growth in public sector employment. 3. The need to replace free market housing from which residents are displaced when, units are converted to second home or seasonal occupancy. For purposes of this analysis, the Housing Committee has defined the study area as that area up -valley of Aspen Village, excluding Snov�na. s�V_illa ;g. Data has, therefore, been collected for this area, which is an area larger than that being addressed by the Community Plan. Analyses were conducted to calculate need in each component. To the extent possible, calculations address both the ultimate need for affordable housing within the area and the amount of housing which must be produced annually to achieve the ultimate objective. 1. Increasing the Percentage Of The Work Force Housed As noted above, the Housing Committee has determined that in 1986, a more acceptable balance between resident and non-resident housing existed than is found today in the Aspen Area. In order to determine the number of persons who would need to be provided with housing to re -constitute this balance, the following questions must be answered: 2 * What percentage of the work force was housed in the Aspen Area at the time of the 1986 survey? How does this compare to the percentage housed in this Area today? * What is the current size of the work force in the Area? Using this information, several different scenarios for increasing the percentage of the work force housed in the Aspen Area can be provided to the Committee for policy direction. Staff of the Aspen/Pitkin County Housing Authority analyzed the data files for the 1987 survey to correlate the survey responses to the area in question. They determined that in 1987, approximately 60% of those persons working up valley of Aspen Village were also living in this area. They conducted a similar evaluation of responses to the more recent survey, and determined that by 1990/91, this percentage had dropped to approximately 45%. Employment data provided to the Housing Authority by the State of Colorado indicates there was an annual average of 12,750 jobs in Pitkin County in 1990. The 1990 Housing Survey demonstrates that each employee holds, on the average, 1.29 jobs. Assuming the number of reported jobs is accurate, there were ab ut 9,880 employees in the County in 1990. Of these, the Housing Authority estimates 8,`00 held jobs in the Aspen Area, with the remainder working in Snowmass Village or within the down valley area of Pitkin County. In order to verify and better understand this information, a survey of nearly 50 businesses (including both skiing companies, hotels, restaurants, retail shops, professional offices, the media, construction services and local government/special districts) in the Aspen Area was conducted. Employees were asked to identify where they lived and whether they lived in deed restricted or free market units. This survey reached over 2,800 employees, which is 35% of the Aspen Area's work force. The survey results are summarized in Table 1. Table l Survey Results Where Employees Working in the Aspenrea;Live Area Number of Employees Percent of Work Force Surveyed Up Valley of Aspen 1,158 41.2 Village Down Valley of Aspen 1,334 47.4 Village Snowmass Village 320 11.4 Totals 2$12 100.0 Ki To make this information comparable to that compiled from the housing surveys, those living in Snowmass Village should be excluded. Using this approach, 46.5% of the current work force lives up valley and 53.5% lives down valley of Aspen Village. These results are quite comparable to and confirm the 45% figure obtained from the 1990/91 Housing Surveys. In order to provide options for the Housing Committee to consider, three scenarios were analyzed for increasing the percentage of the work force housed in the Aspen Area. These three scenarios would increase the percentage of the work force housed in the Aspen Area from 45% to 50%, 55% or 60%. The results of this analysis follow below. Percentage of Work Force Housed in Area .45 .50 .55 .60 Number of Employees Who Are Housed in Area In order to increase the percentage of the work force housed in the Aspen Area to 60%, an additional ,1,200 persons will need to be provided with housing. Survey data indicates that an average of 1.9 persons occupy each deed restricted dwelling unit in Pitkin County. This means that 630 new units would need to be produced to house an additional 1,200 employees. Production would only need to be 420 units, housing 800 employees, or 210 units, housing 400 employees, to increase the percentage to 55% or 50% respectively. The Housing Committee will need to choose among these options and will also need to select a time frame for accomplishing the necessary production. If the Committee chose a target of housing 50% of the work force, it might be reasonable to try to accomplish the necessary production within a five year period. If a higher target is chosen, a longer production period will likely be necessary. 2. Providinii Housing In Response To New Development The second step in the methodology is to calculate the number of employees for whom housing would need to be produced due to growth in the commercial, lodge, residential, public and ski area sectors. Tables 2 through 7 summarize the results of this analysis, with the columns which are shaded representing the key data for purposes of this study. Table 2 calculates the number of full time equivalent (FTE) employees which would be generated by Tkey' and "maximum" buildout of commercial space within the study area. These buildouz levels are from an analysis of buildout summarized on pages 96 - 101 of the Community Plan, Phase One Report. It was not necessary to update this data, since a check of building permit records indicated no new commercial development had occurred since the Phase One Report was issued. The data has been rounded off to simplify this analysis. 4 11 • D O O U1 �2 to to O t(� Lii to P W N N W L G1 a , w O O O O M M O Ln O 8 fV M M M W O W r U. 40 O O O O O O O O O O O O O O O to O N U1 O o a o .r in Ul N M C7 LLC O N CDO ti 0 � M �O Y•- W L d G. Y O O O O n M M N O M U1 M O M Ar a QQ8 O E7 W r J O O O O O O O O O O O O O O O m7 I. co �O N a Ln N N N Y J �+ U •L L N O L Y L Y : U U C Y Q2 U N •-- t0 C \ \ 7 OG N U U U z f O J U O U 7 m M O `O M t O %O 1 ti N d N W YO7 O O O O O O t7 O O O O O O O O W ++ W � V •7 O O O O O Uo L O .r O to t o to U% N M _ O M N to N 61 F- � J � O t0 41 Y Y Y Y Y W Y y O cm)L N O C 0 N Co 0 N O 0 W M a . O 0 0 0 t0 •O a cc";, Z Y o 0 0 0 0 O O O O O O O O O O m7 O CO, O 'f N t0 •O N N d Y J N u L o a L L. Y t Y lU in U D U U C Y C N U 2 U U U W L E ++ 7 � L Ln M - a N r� O M m O Fn O 10 ej a F- N t9 N Y W LL U. m O 4+ O O to l!1 O LL 6 L Ol „•, a - i� c0 � � J O E W O Ln rn N to to N N L W d • !U J W r LL W0 d W Ln N ^ O L Y J M U •L L N O L Y N L Y O N s p is tU U C T Y U \ N \ co C U 2 O U lo tn 0 41 L 0- h co P 00 `O N1 N fV W 1+ W L a o a N +, N a o o \ O O O 2 GQ11 L yJ Ul �[ W M H �O Y LL N Y L O (0 Qy1 ol LA Q N N m co O• \ O Z O r wxxv s i+ d l0 to O O O 'JDQ`C1 8 LL WC L � Cl D_ F- O � L N yd � N Q O O a O O O LLLLJJ N W F• M �O W H O a N ccLn s p O M Y M y a+ �C O U y a+ c C N N 9 U U L i 1 W _0 Q O1 y 0J UAll ti O N N ro d 0 N J w m _ d N Y 7 m P r 000 K z O N F y T L ro _ u � i Y J d Y W O L 7 n LA LP m un d Y J y N C y .� ro pOf C! a+ C � ✓ C U U ILI y O N JN CL -o c 7 m - O N N N N H y Y H L � U O L O W H W v- O L 00 `O M N N a f0 z �y1 N W L cc ti -0 > O ++ N M J � J � . .0 Lu L Y 4 J Y CLy 7 m M O O O O N N N F- y _-W W G/ N W W 4- Z O 10 ti O O 1 01 N N N cc � Y Y J y N C L O O a� ro U Q C + C N co N a+ !a U C) Q U U L Q L-'-, O J The employee generation factors in Tables 2 and 5 are those contained in the Aspen Land Use Regulations or the Pitkin County Land Use Code, except those for residential units and ski areas, which are from the Town of Snowmass Village Land Use Code. The residential factor has been verified for the Aspen Area by a study of employee generation performed by the Planning Office in 1988, which found an average of 0.21 employees generated per residential unit. The factor for the CC/C-1 zone districts is the average of the -low (3.5) and high (5.25) ends of the range, while the factor for lodge units is within the Code's range of 0.2 to 2.0 employees per unit. Table 3 demonstrates the number of years it would take to build out the remaining commercial space, based on the adopted City and County quotas. These results are then used in Table 4, to calculate the number of FTE employees which would be generated per year, based on full utilization of the existing commercial quotas. Tables 5 through 7 document a similar analysis performed for the lodge and residential sectors. The likely and maximum buildout levels shown are taken from the report "Visitor and Resident Dwelling Unit/Population Growth Under Zoning Buildout and Draft Community Vision", dated 3/17/92, prepared by Alan Richman Planning Services. The methodology used for calculating employee generation from growth in the public sector and ski areas was different than that for the other three sectors. This is because buildout has been calculated from underlying zoning and growth quotas have been established in the residential, commercial and lodge sectors, but this is not the case for ski areas and public sector growth. It was, therefore, necessary to establish a baseline for comparison for these two sectors. For the public sector, this was done by identifying the current number of City, County, School District, Hospital District, Sanitation District and Federal employees, which is approximately 800 persons. For the ski areas, this was done by identifying the current skiers at one time (SAOT) capacity of the three ski areas within the study area, since an employee generation factor of 63.5 employees per 1,000 SAOT has recently been calculated by the Town of Snowmass Village and included in their Land Use Code. The U.S.. Forest Service rated capacity of Aspen Mountain is 4,200 SAOT, that for Aspen Highlands is 4,500 SAOT, and that for Buttermilk is 4,000 SAOT, for a total of 12,700 SAOT. Since there are no locally adopted projections of future growth in ski area capacity or public sector employment, it was necessary to establish a methodology for making such projections. Previous studies by the City and County have demonstrated a balance between the area's skiing capacity and available. short term accommodation. It is reasonable, therefore, to. assume that growth in ski area capacity will be in proportion to future resident and visitor dwelling unit growth. A similar conclusion can be reached for growth in public sector employment, which should rise in proportion to the demand for services from a growing population. 7 The analysis of remaining lodge and residential buildout in the 3/17/92 report demonstrates that the existing resident/visitor dwelling unit inventory in the Aspen Area could increase by 26% (likely) to 36% (maximum). Proportional growth in public sector employment equates to a likely increase of 210 employees, and a maximum increase of 290 employees. Proportional growth in ski area capacity equates to a likely increase of 3,300 SAOT, (generating 210 employees), and a maximum increase of 4,500 SAOT, (generating 285 employees). Table 8 compiles the results of all of the growth impact analyses into a total number of employees to be generated by buildout, and the annual employment requirements from these sectors. It should be noted that the annual employment requirements from these sectors will diminish over time,.as each sector fully builds out. For example, Table 3 illustrates that the - likely buildout in the °"CL and Other" and "County Metro" commercial categories will be realized in 2 years and the maximum buildout will be achieved in the "County Metro" commercial category in 4 years. The employee generation associated with these zones will then cease, and should be deducted from the annual requirement shown in Table 8. Table 8 also recognizes that the growth management quota system makes developments responsible for providing housing for a percentage of the employees they generate. For example, 60% of commercial and lodge employees generated in the City and 100% of those generated in the County must be provided with housing. Based on current City and County policies, it can be assumed that at least 60% of the employees generated will be housed in the Aspen Area. This percentage recognizes that some development will be exempt from the housing exaction while other developments will actually exceed the 60% requirement. Achievement of this percentage will mean that future growth will not cause the percentage of the work force housed in the Aspen Area to decline over time. ....... .... Table 8 Stjneary of Employee Generati00 Fr.m Ail Sec ors Sector Likely Number of HE Naxju Huber of HE Annual -Huber of Employees to be ., Employees to be Employees to House Generated By Buildout Generated By Buildout Commercial 2,345 3,980 107 Lodge 290 385 14 Residential 415 670 32 Public 210 290 11 Ski Area 210 285 11 :. #ctal 3,47Q . , <:: 561Q ,. ...........175: 60X of total ta:be 2,080 3365------------- 105 housed In: Aspen Area i 3. Providing Replacement Housing Units The last step in the methodology is to determine the number of free market units which are presently housing employees which could become non-resident units over time. There are a total of about 3,100 resident occupied dwelling units in the study area. This total reflects the following determinations: * Table 1 on page 44 of the Community Plan, Phase One Report, states that there were 2,600 resident dwelling units in the Aspen Area as of 1/1/90. * A review of City and County building permit reports indicates that about 150 new resident units were built in 1990 and 1991. However, it is assumed that displacement of residents from existing dwelling units wiped out any gain in the inventory. * The Brush Creek, Woody Creek, McLain Flats and Aspen Village areas are all outside of the Aspen Area but up valley of Aspen Village. Records from the Down Valley Master Plan and estimates of growth since that time indicate there are about 500 resident dwelling units.in these areas. The total of 3,100 resident occupied dwelling units appears to be high in relation to the survey -established figure of only 3,600 employees housed in the Aspen Area. While it is reasonable to assume that some residents do not hold jobs, these numbers do not appear to correlate. Additional research is being done in an effort to verify the resident dwelling unit totals for the study area. Ian Among the 3,100 total units, there are 1,225 deed restricted units, and , free market resident occupied housing units. The free market units could become non-resident units over time, displacing persons in the work force. However, based on information contained in past Planning Office growth and housing reports, it is estimated that about 1,275 of the free market, resident occupied units are located in Aspen, where the Land Use Regulations require partial mitigation of displacement by applicants, through provision of replacement units or cash -in -lieu. The remaining 600 free market, resident occupied units are located outside of the City limits, and could be lost to conversion to second homes over time. It is unlikely that occupancy of all of these units will change to non-resident, due to the location and type of units. Since, however, 600 units is 20% of the resident dwelling unit inventory in the study area, this number provides a worst case estimate of the potential future erosion of the percentage of the work force which will be housed in the area. The Housing Committee will need to decide how best to incorporate the displacement potential into the production calculation. C. Implications 0 • • The key findings from the Housing Needs Assessment are as follows: 1. Presently, about 45% of the 8,000 employees in the Aspen Area live up valley of Aspen Village. To increase this percentage back to its 1987 level of 60%, an additional 1,200 persons will need to be housed. This requires production of about 630 units. This production need drops to 420 units to increase the percentage to 55% and to 210 units to increase the percentage to 50%. 2. Private development is required to provide affordable housing for 2,080 new employees generated by likely buildout under zoning, or up to 3,365 new employees generated by maximum buildout under zoning. Housing these employees within the study area is consistent with housing at least 60% of the work force in the area. 3. There are approximately 1,875 resident occupied units in the Aspen Area which could be converted to non-resident units over time. It is estimated that 1,275 of these units are located within the City limits, while 600 are located in unincorporated Pitkin County. Displacement which occurs within the City is currently subject to mitigation requirements, while that which occurs in the County is not. Table 9 summarizes the likely and maximum number of employees to be. housed in the Aspen Area, based on these three factors. Table 9 .; Summary of Honsing Needs Assessment Housing Production Needs Likely Number of Maximum Number of Employees To House Employees to House To increase the percent 400 - 800 800 - 1,200 housed in the Aspen Area To address ultimate 2,080 3,365 buildout under zoning To address displacement ? ? Total 2,480-.1800 + ? 4,165 4,565 + ? It is also important to determine whether remaining residential. buildout in the Aspen Area is likely to accommodate this need. Estimates prepared by Alan Richman Planning Services in the report Visitor and Resident Dwelling Unit/Population Growth Under Zoning Buildout and Draft Community Vision", dated 3/17/92, indicate that 520-636 new deed restricted dwelling units will be developed by the public and private sectors under existing zoning, while 715 - 921 new deed restricted dwellirg units will be developed by the public and private sectors under the draft vision contained in the Community Plan. 10 The 921 new deed restricted units would house 1,750 persons, at an average of 1.9 persons per unit, which is below the likely range of need, depending on how the Committee chooses to address need from displacement. The buildout estimates do not, however, include that portion of the Aspen Area from Brush Creek Road to Aspen Village, which is outside of the Community Plan study area, which may provide additional buildout for resident housing. In order to balance the production need with the Community Plan, the following options should be considered: 1. Reduce the total ultimate buildout potential from commercial and lodge development. 2. Increase the percentage of affordable housing which is obtained from new residential development. 3. Identify additional sites for production of affordable housing by the public sector. The anticipated number of deed restricted dwelling units which will produced also excludes the 150 - 440 accessory dwelling units which are expected to develop within the area. It may be appropriate to assign these units towards the demand from displacement, since both the City Council and Board of County Commissioners have recently recognized the importance of such units in addressing the changing balance between housing units which are provided by the public sector or required to be provided by the private sector, as compared to those which are voluntarily provided by the private sector, such as accessory dwelling units. 11 MEMORANDUM TO: Community Plan Committees FROM: Alan Richman Planning Services SUBJECT: Implications of Community Plan Policies DATE: June 23, 1992 On June 3, the Oversight Committee accepted the following Community Plan policies: Quantity 1. Overall peak population at buildout for the metro area should be 30,000 people. 2. 60% of the Metro Area work force should be housed up valley from Aspen Village. Quality 3. The majority of future residential and commercial growth should be community oriented; the residential sector should be made up of a mixture of economic levels. 4. Emphasis should be given to the production of family and ownership oriented affordable housing, although this should not preclude other resort needs for housing. 5. The community should promote diversity. The purpose of this memo is to illustrate the population and growth analysis at buildout which results from these policies and to identify the Community Plan implications of achieving these policies. These implications can be summarized as follows: 1. Likely commercial buildout in the Aspen Area will be reduced from about 700,000 to 400,000 sq. ft. by increasing the percentage of the allowable floor area that is on - site affordable housing from its current level of about 15-20% to about 30-35%. 2. There will be a mandatory minimum ratio of 60% affordable housing to 40% free market housing in new residential projects. This will be consistent with the currently adopted requirement to house 60% of new lodge and commercial employees. 3. Affordable housing should be produced within the area up valley of Aspen Village. 4. 750 out of the existing 1,275 free market resident occupied dwelling units in the area up valley of Aspen Village will need to be preserved or replaced in order to achieve the total required number of work force housing units. ATTACHMENT B The AACP sub -committees have developed an Action Plan for implementation of recommendations from the Aspen Area Community Plan. This attachment includes those Action Plan items that support the rezoning of the Kraut property to Affordable Housing and the discussion regarding a mixed -use development on the property. The Action Plan has been reviewed by the Oversight Committee and will be incorporated into the overall Plan that will shortly begin the public review process for adoption. ACTION PLAN RECOMMENDATIONS Growth * Establish locational preferences for growth within the Aspen Area to promote infill development. Priority for allocations should be given to applications in preferred locations. * Give a higher priority to on -site housing in the commerical core e.g. more points, more credit. Residential * Encourage infill development within the existing urban area so as to preserve open space and rural areas and more employees will be able to live close to where they work. (Mid- and Long -Term also) * Rezone and subsidize selected parcels in the City and County to allow for well -designed and imaginative affordable housing, especially townhomes and patio homes. * Continue the approach of disbursed mid -size to smaller projects throughout the Aspen metro area and upvalley of Aspen Village. Do not promote a single big project solution to affordable housing except on certain large acreage parcels where micro community development may be appropriate. On certain large acreage parcels, micro community or neighborhood development may be appropriate, and should be considered, to accommodate permanent residents, neighborhood character, appropriate density, mixed housing types and uses, useable open space and convenient public transportation. Including but not limited to: the Moore property, AABC, Aspen Village and the Zoline property. * Encourage government agencies to be the catalyst for the acquisition of employee housing property to be used for affordable housing, but not the owner developer or property manager. * Public funds for housing should be used almost primarily for purchasing and inventorying land on which affordable housing could be built, in partnership with the private sector and/or acquiring existing structures for deed restriction and resale. This should be evaluated on a case by case basis. Each project should be analyzed to achieve the best public policy purpose at the most efficient cost. * Encourage City and County partnerships where the City's Housing/Day Care funds are used to purchase land suitable for family type housing upvalley from Aspen Village. * Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village. (Long -Term also) * Encourage more incentives for providing affordable housing on - site in the commercial core: (Long -Term also) a. Increase the use of upper floors of commercial buildings by revising existing zone district ratios to increase square footage for housing and encourage affordable quality and street noise buffering. (Long -Term also). * Zone additional parcels for affordable housing development as identified on the Housing maps. (Long -Term also [Kraut property has been identified on Housing maps]) Commercial/Retail/Office/Small Lodges * Create an acceptable, enforceable definition of "locally" serving uses and encourage locally oriented businesses via a menu of options. (Long -Term also) a. Study GMQS incentives for local serving neighborhood commercial uses. Ensure that projects which receive such incentives are permanently restricted as local serving uses. (Also see the Growth section) b. Explore FAR bonuses for restrictions for locally servicing uses. C. Explore buy down of commercial space for locally oriented uses and deed restricted local space. * Zone additional areas for NC and SCI development within the City, specifically to include the "superblock" bounded by Durant, Hyman, Original and Spring Streets. a. Rezone the superblock area to NC and SCI. * Study location for a neighborhood office zone district. This concept can incorporate vertical zoning and alley uses. (Long -Term also) a. Develop a Neighborhood Office zone district. b. Rezone areas to Neighborhood Office. Design Ouality and Historic Features * Continue review of public projects and Public Projects Review Group (PPRG). Transportation * Pursue the construction of a public parking facility beneath the Kraut property or the Bell Mountain Lodge/City Market site; this was recommended as Phase II in the 1987 Transportation Element. * Reduce the number of on -street parking spaces within the commercial core by phasing out a portion of the parking spaces in conjunction with parking and transit alternatives. * Establish a resident parking system which restricts parking in the residential neighborhoods adjacent to the commercial core to residents through a signage and a permit system (administrative fee only). This shall be established simultaneously with the "pay for parking" system in the commercial core. • • ATTACHMENT C SUMMARY: The Planning and Zoning commission has recommended text amendments for the Affordable Housing zone district. Before formal review of the text amendments, staff requests a work session with Council for an informational discussion of the amendments. However, a draft of the recommended amendments are attached to help Council understand the potential of the property with a rezoning to Affordable Housing. Additionally, the Character and Growth committees' of the AACP identified areas of the community which could be modified to help support the overall "vision" of a balanced community. It was established that the Aspen area community was lacking in local support businesses typically identified with a neighborhood commercial (NC) type zoning. Several issues relative to an NC zone district were discussed and included: - The need to establish additional areas for NC zoning; - The erosion of the existing areas zoned NC due to other land use approvals and lack of enforcement (ie. revise the NC and SCI zone district use lists to ensure that local serving uses are permitted); - Specific recommendations for the "super block concept", which includes the area bounded by Durant Ave., Hyman St., Original St., and Spring St., to include some neighborhood commercial and parking facilities. The Character committee recommendations support the concept of "vertical zoning" which establishes multiple uses on sites within the core of town. This concept includes the type of development proposed on the Kraut parcel; neighborhood commercial and housing located on different levels within the downtown business area. SUMMARY: The Planning and Zoning Commission reviewed the text amendments for the Affordable Housing zone district for the second time at a May 5, 1992 public hearing. The Commission voted to recommend to Council the proposed text amendments. COMMENTS: Staff has participated in numerous worksessions with the Commission and Council regarding the rezoning of the Kraut property to AH Zone District. As part of those discussions, the concept of a mixed -use development was considered. As a result, staff has proposed to amend the AH Zone District, for those parcels that are within the commercial or office zone districts, to allow up to 40% of the total square footage to be free market commercial and residential development with a minimum of 60% of the total square footage as deed restricted dwelling units. Following are the proposed text changes as recommended by the Planning and Zoning Commission (bold indicates proposed language): I. That Article 3, DEFINITIONS, Section 3-101 of the Municipal Code shall be amended to read as follows: Mixed -use development means a combination of residential and commerical/office land uses in one structure or structures on one parcel. II. That Article 5, Division 2, Section 24-5-208 of the Municipal Code shall be amended to read as follows: Section 5-208 Affordable housing (AH) A. Purpose. The purpose of the Affordable Housing (AH) Zone District is to provide for the use of land for the production of low, moderate and middle income affordable housing and Resident Occupied Units. The zone district also permits a limited component of free market dwelling units or commercial square footage to off -set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The Affordable Housing (AH) Zone District is intended for residential use primarily by permanent residents of the Community. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. To promote mixed -use development within the commerical core and to promote locally oriented businesses, sites within the commerical and office zone districts may be considered for rezoning to Affordable Housing for a mixed -use development. For those mixed -use projects, in the commercial and office zone districts, a mandatory PUD overlay is required to establish appropriate dimensional requirements that are consistent with the commercial and office zone districts. Lands in the Affordable Housing (AH) Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the Affordable Housing (AH) Zone District can protect the City's neighborhoods from rezoning pressures that other non - community oriented zone districts may produce. Further, lands in the Affordable Housing (AH) Zone District should be located within walking distance of the center of the City, or on transit routes. B. Permitted uses. The following uses are permitted as of right in the Affordable Housing (AH) Zone District. 1. Residential uses in residential zone districts restricted to Categories 1, 2, 3, and 4 price and income affordable housing guidelines and resident occupied units as determined in the Affordable Housing guidelines must comprise at least 70 percent of the unit mix, of the development. Free market residential development may comprise up to 30 percent of the unit mix and 40 percent of the bedroom mix of the development. Residential uses may be comprised of single-family, duplex and multi- family dwelling units; 2. Residential uses in a mixed -use development deed restricted to low, moderate and middle income affordable housing and resident occupied units as determined in the Affordable Housing guidelines must comprise at least 60 percent of the total square footage of the development. Free market residential development must be combined with commercial/office development and shall not exceed 40 percent of the total square footage of the development. Home occupations; and 4. Accessory buildings and uses. C. Conditional uses. Free market commercial development, which may include free market residential development, shall not exceed 40 percent of the total square footage of a mixed -use development. Parking for on -site users or parking approved as an essential public facility pursuant to Section 8-104 C(1)(b) shall be excluded from the total square footage of the free market commercial/office and free market residential development. The following and similar uses are permitted as conditional uses in Affordable Housing (AH) Zone Districts located within the commercial or office 2 zone districts and are subject to the standards and procedures established in Art. 7, Div. 3. 1. Drug Store 2. Food Store with limited customer seating not to exceed ten seats and not to include waitservice 3. Liquor store 4. Laundromat and pick-up station for dry cleaning and laundry S. Beauty and Barber shop 6. Post office branch 7. Record store 8. Electronic sales and repair shop 9. Shoe repair shop 10. Video rental and sale shop 11. Garden shop 12. Hardware store 13. Business and professional office 14. Consignment clothing store 15. Parking garage 16. Open use recreation site 17. Day care center 18. Satellite dish antennae 19. Dormitory D. Residential dimensional requirements. The following dimensional requirements shall apply to all permitted uses in the Affordable Housing (AH) Zone District in residential zone districts within the City of Aspen. 1. Minimum lot size (sq.ft.): 3,000 3 2. Minimum lot area per dwelling unit (sq.ft.): Detached residential dwelling: 3,000 Duplex: 1,500 For multi -family dwellings on a lot of 27,000 sq. ft. or less or for lots of 43,560 s.f. or less when approved by special review pursuant to Art. 7, Div. 4, the following sq. ft. requirements apply: studio: 300 1 bedroom: 400 2 bedroom: 800 3 bedroom: 1,200 Units with more than 3 bedrooms: one (1) bedroom per 400 square feet of lot area. For multi -family dwellings on a lot of more than 27,000 sq. ft. (except when varied by Special Review) the following sq. ft. requirements apply: studio: 1,000 1 bedroom: 1,250 2 bedroom: 2,100 3 bedroom: 3,630 Units with more than 3 bedrooms: one (1) bedroom per 1,000 square feet of lot area. 3. Minimum lot width (ft.): 30 4. Minimum front yard (ft.): principal building: 10 accessory building: 15 5. Minimum side yard (ft.): The minimum side yard for single-family and duplex dwellings is 0 ft. for each side yard; 15 ft. total minimum for both side yards. (Minimum side yard shall be 5' for yards which are contiguous to any zone district other than Affordable Housing.) The minimum side yard for multi -family dwellings shall be 5 feet. 6. Minimum rear yard (ft.): principal building: 10 accessory building: 5 7. Maximum height (ft.): 25; increasable up to 30' by special review pursuant to Art. 7, Div.4. 8. Minimum distance between buildings on the lot (ft.): 5 9. Percent of open space required for building site: to be established by special review pursuant to Art. 7, Div. 4; open space may be used for off-street parking by special review, pursuant to Art.7, Div. 4. 4 10. External floor area ratio (applies to conforming and nonconforming lots of record). DETACHED RESIDENTIAL DWELLINGS Lot Size Allowable (SQ.Ft.) SQ. Ft. 0- 3,000 80 sq.ft. of floor area for each 100 sq.ft. in lot area, up to a maximum of 2,400 sq.ft. of floor area. 3,000- 6,000 2,400 sq.ft. of floor area, plus 28 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 3,240 sq.ft. of floor area. 6,000- 9,000 3,240 sq.ft. of floor area, plus 14 sq.ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq.ft. of floor area. 9,000+ 3,660 sq.ft. of floor area. DUPLEX Lot Size Allowable (SQ.Ft.) SQ.Ft. 0- 3,000 90 sq.ft. of floor area for each 100 sq.ft. in lot area, up to a maximum of 2,700 sq.ft. of floor area. 3,000- 6,000 2,700 sq.ft. of floor area, plus 30 sq.ft. of floor area for each addi- tional 100 sq.ft. in lot area, up to a maximum of 3,600 sq.ft. of floor area. 6,000- 9,000 3,600 sq.ft. of floor area, plus 16 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 4,080 sq.ft. of floor area. 9,000+ Lot Size 4,080 sq.ft. of floor area. MULTI -FAMILY Allowable SO. Ft. 5 • 0- 27,000 s.f 1.1:1 27,001 s.f- 43,560 s.f .36:1, 43,561 s.f- 3 acres .36:1 > 3 acres- 6 acres .33:1 > 6 acres- 9 acres .30:1 > 9 acres- 18 acres .27:1 >18 acres .24:1 increasable to 1:1 by special review, pursuant to Art. 7, Div. 4. 12. Internal floor area ratio: no requirement E. Mixed -use development dimensional requirements. The dimensional requirements which shall apply to all mixed -use development in the Affordable Housing Zone District shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Article 7, Division 9, Planned Unit Development except for the following: 1. Minimum lot size (sq.ft.): 3,000 2. Maximum height (ft.): 25; increasable up to 30' by special review pursuant to Art. 7, Div.4. 3. Minimum distance between buildings on the lot (ft.): 5 4. External floor area ratio (applies to conforming and nonconforming lots of record). Lot Size 0- 27,000 s.f 27,001 s.f- 43,560 s.f 43,561 s.f- 3 acres > 3 acres- 6 acres > 6 acres- 9 acres > 9 acres- 18 acres >18 acres MIXED -USE DEVELOPMENT Allowable SO. Ft. 1.1:1 .36:1, increasable to 1:1 by special review, pursuant to Art. 7, Div. 4. .36:1 .33:1 .30:1 .27:1 .24:1 F. Off-street parking requirement. The following off- street parking spaces shall be provided for each use in the Affordable Housing (AH) Zone District. C. 1. Residential uses: established by special review pursuant to Art. 7, Div. 4. The maximum number of parking spaces required shall not exceed 1 space/bedroom or 2 spaces/dwelling unit whichever is less. 2. Commercial uses: 4 spaces/1000 square feet which may be provided via a payment in lieu pursuant to special Review Article 7, Division 4. 3. All other uses: N/A III. Article 8, 8-104 (C)(1) Growth Management Quota Systems Exemptions by City Council of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, are hereby amended to read as follows: 118-104 (C)(1)(e) Affordable Housing Zone District" No more than fourteen (14) free market dwelling units for the entire City shall be developed in one calendar year pursuant to the regulations found in Section 5-208. For commerical square footage in a mixed - use development, exempt development shall not exceed the annual quota available for the most recent underlying zone district. Exempt development shall be deducted from the annual quota available within the zone district. 7 ATTACHMENT D MEMORANDUM TO: Mayor and Council i/ THRU: Amy Margerum, City Managerl&, THRU: Diane Moore, City Planning Direc FROM: Leslie Lamont, Planner DATE: Jul Q27 1992 RE: Kraut Property Map Amendment Office to Affordable Housing Second Reading Ordinance 39, Series 1992 SUMMARY: The City and County, as represented by the Housing Authority, propose to rezone the Kraut Property from Office (0) to Affordable Housing (AH). This is second reading of Ordinance 39, Series of 1992, please see Ordinance Attachment "A". Subsequent to rezoning, the applicant will submit a development plan containing all the pertinent reviews for the development of this parcel for review by the Commission and Council. The Planning and Zoning Commission reviewed this application at their March 17 meeting and recommend to Council approval of the rezoning from Office (0) to Affordable Housing (AH). This memo reviews the rezoning of the parcel to Affordable Housing. However, instead of a rezoning with respect to a 100% affordable residential development as was originally proposed, staff suggests consideration of a mixed -use proposal comprised of commercial, residential and below -grade parking land uses. The proposed text amendments, which would allow a free market commerical element in addition to a parking garage within the Affordable Housing Zone District, are. being considered in more depth by the Housing Authority and other staff members to consider the feasibility of a mixed -use development on the site. Staff anticipates a worksession to review the text amendments in several months. PREVIOUS COUNCIL ACTION: In January of 1991, the City of Aspen and Pitkin County purchased the Kraut Property and directed the Housing Authority to submit an application for the rezoning and subsequent development review. Council approved first reading of Ordinance 39, Series of 1992 at the May 26, 1992 meeting.) BACKGROUND - The City of Aspen, Pitkin County and the Housing Authority have together pursued a comprehensive plan to address the community's housing problems. The housing plan is threefold: it seeks to preserve the existing affordable housing stock, requires developers to mitigate a "fair share" of their affordable housing impacts and produces new affordable housing to reduce/eliminate the current affordable housing shortfall. As part of this comprehensive approach, the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH). The AH zone enables the rezoning of land for the purposes of affordable housing. The purchase, subsequent rezoning and development of the Kraut property is a step toward the provision of affordable housing within close proximity to employment opportunities and neighborhood services for those citizens in need of housing. In addition to the site being selected for housing, the 1987 Transportation Element of the Aspen Area Comprehensive Plan identified this site as one of three centrally located underground parking garages (the Rio Grande parcel and Wagner Park were the other two sites). The report identifies this site as a likely candidate because the site takes advantage of existing traffic patterns of Main/Original and Highway 82. This location could help reduce the traffic circulation around the pedestrian mall, Rubey Park and Durant Avenue. It's proximity to the commercial core and the gondola make it ideal for both a winter and summer intercept lot. The 1992 Draft Aspen Area Community Plan identifies the Kraut parcel as a site for higher density housing, below grade parking and local serving commercial space. At worksessions with the Commission and Council, a mixed -use concept was discussed. Although both Boards wanted to continue consideration of a mixed -use development, they did not want to delay rezoning the parcel to AH. Thus, this rezoning has initiated the amendment process for the AH Zone District. The amendment proposes commercial uses in the AH Zone District for those parcels that are currently located in the Commerical and Office Zone Districts. Planning and Housing staff meet with interested neighbors on March 5, 1992 to discuss the rezoning and subsequent development of the parcel. Please see Attachment "B" for a summary of the neighborhood meeting and citizen letters. CURRENT ISSUES A. Site Description - The Kraut property is located near the base of Aspen Mountain. The site is two blocks east of the downtown commercial core area, and two blocks south of Main Street at the intersection of East Hyman Avenue and Original Street. The 15,000 square foot lot is vacant and is currently being used 2 • • as a commerical parking lot. There are no natural hazards associated with the site and it is relatively flat. !There are no significant vegetation on the parcel and several inches of gravel exist on top of the natural soil conditions. The parcel is currently zoned Office. The areas north and west of the parcel are also zoned Office. Across Spring Street, to the west, the Commercial-1 Zone District begins. The parcels immediately south of the Kraut property are zoned Lodge Preservation and Commercial Lodge and across Cooper Street is the Neighborhood Commerical Zone District. The residential neighborhood to the east of the parcel, across Original, is zoned Residential/Multi-Family. The property is bounded by several existing structures. West of the parcel is a two-story A -frame and the three-story Hannah - Dustin office building on the corner of Hyman and Spring streets. The Buckhorn Lodge, a two and one-half story structure, is across the alley along the site's southern boundary. To the southwest is the two-story Bell Mountain Lodge. Across Hyman Avenue, to the north, is the Coates, Reid and Waldron office building which is approximately 30 feet high. West of the office building are the 700 East Hyman Townhomes that consist of three duplexes for a total of six dwelling units. To the east, across Original, are single and multi -family residences. The parcel is accessible by paved public streets, East Hyman Avenue and Original Street, and by a dirt alley between Hyman and Cooper Avenues. The public streets have curb and gutter. There are no paved sidewalks, only gravel paths. Utility lines are proximate and contained underground within the public rights -of -way. Please refer to Attachment "C" for pertinent maps of the site and surrounding neighborhood. B. Project Summary - Many opportunities exist for development of this site. The neighborhood is a mixed -use neighborhood containing a variety of land- uses, intensities of development, and architectural styles. Minimal site preparation is involved. No natural hazards, critical wildlife habitat or vegetation exist on the site. All public services are in place with the capacity to serve the site. The site is within the Central Area of downtown as identified in the 1973 Aspen Area Comprehensive Plan and is within one block of several bus routes. A very preliminary site plan indicates that between 24 to 30 studio and one -bedroom affordable, deed -restricted (preferably rental) dwelling units could be developed on the parcel with necessary parking. This preliminary proposal does not include other uses on the site. It is estimated that an 89 car parking garage could be developed below grade providing parking for the building and additional 3 • • public parking. Ideally, full use of the site could include below grade parking, first floor commercial space, and second and third floor residential units. If commercial space is developed on the site then the number of residential units will decrease to approximately 20-25 units. However, review of this application only pertains to rezoning the parcel and not a development proposal. The Land Use Code does not require the submission of a development plan at the time of rezoning. Please refer to Attachment "D" for a review of the dimensional requirements applicable in the AH zone and how those would be applied for a 24-30 unit development. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. These dimensional requirements pertain to a 100% residential proposal and do not consider the proposed text amendments to the Affordable Housing Zone District. If the amendments to the AH Zone District are adopted, some dimensional requirements may change and would be reflected in the development proposal for this parcel. C. Applicable Review standards are addressed in Attachment "E". RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezoning of Lots E, F, G, H, & I, Block 105 of the Aspen Townsite (Kraut property) amending the Official Zone District map from Office to Affordable Housing. ALTERNATIVES: 1. Table the rezoning until Council has the ability to review the proposed text amendments for the Affordable Housing Zone District. 2. Table the rezoning until a site specific development plan accompanies the rezoning application. ® Maintain existing Office zoning. The Office Zone District allows 100% affordable housing as a permitted use and commercial parking lot or structure as a conditional use. The only dimensional difference between the Office and Affordable Housing Zone District that would affect a 100o housing project is that the height may be increased from 25' to 30' by Special Review in the AH Zone District. Parking requirements for all affordable housing is set by special review pursuant to Article 7, Division 4. [AH ever, if a multi -use development were proposed in the Office e district, the commercial element or parking garage would not exempt from Growth Management. The proposed amendments to the Zone District legislation would allow a free market commercial ment and/or parking garage, incorporatedwith affordable sing, exempt from the Growth Management System. 0 PROPOSED MOTION: "I move to approve the rezoning of Lots E, F, G, H, & I, Block 105, City of Aspen from Office to Affordable Housing." "I move to adopt Ordinance 39, Series of 1992." CITY MANAGER'S COMMENTS: ATTACHMENTS: A. Ordinance 39, Series of 1992 B. March 5 Neighborhood Summary and Citizens Letters C. Maps D. Tables E. Review Standards for Text Amendments F. Referral Comments G. Planning and Zoning Commission Resolution 92-10 61 • • City Council Exhibit—L Approved , 19 _ By Ordinance ORDINANCE NO. 39 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM OFFICE (0) TO AFFORDABLE HOUSING (AH) LOTS E, F, G, & I, BLOCK 105, ON THE CORNER OF EAST HYMAN AVENUE AND ORIGINAL STREET, ASPEN COLORADO WHEREAS, pursuant to Section 24-7-1102 of the Municipal Code the applicant, the Aspen Pitkin County Housing Authority, has submitted an application for a map amendment for the rezoning of Lots E, F, G, & I, Block 105, on the corner of East Hyman Avenue and Original Street, from O (office) to AH (affordable housing); and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on December 17, 1991 to consider the map amendment at which time the Commission tabled review of the application pending a worksession with the City Council and interested neighbors; and WHEREAS, staff meet with interested neighbors on March 5, 1992 to discuss neighborhood concerns with regard to the rezoning; and WHEREAS, the Commission held a public hearing March 17, 1992 to reconsider the rezoning of the parcel from Office to Affordable Housing; and WHEREAS, the Commission considered the, representations made by the applicant and interested public and found that the rezoning application complies with Section 24-7-1102 and is consistent with the goals of the City to provide scatter site affordable housing throughout the City and within walking distant of the downtown, that the site is consistent with the 1973 Aspen Area Comprehensive Plan and the 1992 draft Community Plan that identifies this site as a multi -use site, is not in conflict with any applicable portions of Chapter 24, is compatible with surrounding zone districts and land uses, is consistent and compatible with the community character in the City of Aspen, and is in harmony with the purpose and intent of Chapter 24 of the Municipal Code; and WHEREAS, the Commission recommends to the City Council approval of rezoning the parcel from Office to Affordable Housing; and WHEREAS, the Aspen City Council concurs with the finding as made by the Commission as set forth above and having considered the Planning and Zoning Commission's recommendation for a map amendment does wish to grant the requested map amendment for the southwest corner of East Hyman Avenue and Original Street, Aspen Colorado. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the southwest corner of East Hyman Avenue 'and Original Street, Lots E, F, G, & I, Block 105, Aspen Colorado from O (office) to AH (affordable housing). Section 2• The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 3: 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 4• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 5• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• A public hearing on the Ordinance shall be held on the day of , 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of . 1992. John Bennett, Mayor 0 ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 1992. ATTEST: Kathryn S. Koch, City Clerk 3 John Bennett, Mayor • • ATTACHMENT B SUMMARY NOTES OF THE MARCH 5, 1992 NEIGHBORHOOD MEETING 1. Staff made a presentation regarding the rezoning and development review process. In addition staff explained the Affordable Housing Zone District concept with a brief history of the purchase of the Kraut Property. 2. Staff explained the rezoning proposal and text amendment being proposed for the March 17, 1992 Commission meeting. 3. Neighbor comments can be divided into 4 broad categories: impacts to the neighborhood, rental vs. sale units, costs/need, and specific uses. a. Impacts: The corner of Hyman and Original is a very busy corner. Service and delivery vehicles constantly double parking in the street and at times blocks the alley. The proximity to the commerical core and the Gondola have made parking a severe problem and may be exacerbated by the elimination of the existing private parking lot on the site. Where will those cars go? It is questionable whether the proposed development of the lot will be able to provide enough parking to eliminate potential impacts in the area. b. Rental vs. Sale Unit: The neighbors believe that rental units will not be as well maintained as owner occupied units. In addition, the concept of transient/rental units presents potential safety issues. C. Costs/Need: The neighbors posed several questions regarding the financial capability to build the housing and/or other uses. How much of the eventual development costs will be further subsidized by the community? Will this development lead to yet higher taxes? Is there enough money in the various housing funds to build the affordable housing? What about money for a parking garage? . Regarding the need for more housing the neighbors questioned whether a demand exists for more affordable housing. There are existing units sitting vacant. An employer was not convinced that this new housing will fill his employees needs. d. Specific Land Uses: Staff discussed the concept of a mixed -use development on the parcel. The neighbors seemed to overwhelmingly support a below -grade parking facility (although ability to finance was in doubt). A parking garage with a park on top was also widely supported. Commercial space was discussed as a possible option but only if it was higher end commercial/retail space or offices. A general concern was that parking, residences and commerical space may be too much jammed onto the site with the inability to mitigate the impacts. 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Pl s P-r p� �cttL/ t`-f / v / / ��GrPU�/, lew a / G h i/ iT r a Cl� ✓ O Gd i ,L ! 47 )�% t MAR 1 21992 Real Estate - Rentals • Property Management March 12, 1992 Ms. Lesley LaMonte City of Aspen Planning Department 130 South Galena Aspen, Colorado 81611 Dear Lesley, This letter is following up the neighbors' meeting held concerning the housing and commercial project planned for the Kraut property in the 700 block of Hyman Street in Aspen. As a neighbor, a tax paying member of the community, and one of Aspen's largest employers, I am writing to express my thoughts about the project planned. As a neighbor who shares Hyman Street and will look across at the project here are my concerns. 1. Impact Parking and Density This is a very busy street 8-10 hours per day, and I believe that 25-30 new apartments and 5,500 square feet of commercial space will have a serious impact on an already very crowded street. This area is used for parking for commuters and skiers, and is a major thoroughfare. If the City is planning to 'build this project I hope that the impacts will be mitigated. Parking for those people living or shopping at the site is not available now and will have to be provided on the site. If you are planning 25-30 apartments you will be housing anywhere from 50 to 120 people. Since these are small units there probably won't be very many families there, so 80%-90% of the people who live there will probably have cars. Is the City adequately planning for 50 to 100 vehicles on site plus parking for the commercial? If you displace the vehicles who currently park on the site, which by my count, is 20-25 vehicles per day, where are they going to park? Already the parking for downtown Aspen goes well beyond Original Street in front of the houses and apartments down Hyman and Hopkins. What is the City planning to do to mitigate the parking problems which this project will present? Much of the parking in the lot at Hyman and Original is by people whose business requires them to use their cars in the course of their business. Aspen Office - 720 Cast Hyman, Aspen, Colorado 81611 - (303) 925-1400 - FAX (303) 920-3765 Snowmass Office - Suite 113, Snowmass Center, Box 6450 - Snowmass Village, Colorado 81615 - (303) 923-4700 - FAX (303) 923-4198 • • Page Two Lesley LaMonte March 12, 1992 As a neighbor I am also concerned with the appearance of the property. Again if 25-30 apartments are built on this site that is quite a bit of density for a small site. What is going to happen to the people, bicycles, skis, cars, dogs, friends, underwear that needs to be dried, potted plants, extra clothing, extra furniture, etc. Will that all be hanging out their windows or sitting on their decks? How is that going to affect the neighborhood? Has the City concerned itself with these needs and questions in its design? 2. Height What is the height of the building going to be? As I understand it there will be need for one to two floors of parking, one floor of commercial space, and two floors of residential. Will the height allow for view planes? Will the City have to exceed allowable height restrictions? 3. Cost As a taxpayer I have serious concerns about the cost of this i, project. As I'understand it, it is to be funded out the of the real estate transfer tax. As the planners, you say that the greatest cost of the project was in purchasing the lot. I think you should revisit the figures for construction costs for this property. As I see it the commercial will cost about $100 per square foot times 5,500 square feet, which equals $550,000. The residential costs of 25 550 square foot units at $125 per square foot would be about $1.7 million. The parking is probably a $1 million per floor. Total cost of the project looks to be in the $3.5 million to $4 million range plus the $1.1 million real estate cost. Is this project cost effective? Will it be self supporting or will we get half way into the project and find out that we have a $5 million project that cannot support itself. Can we, the City of Aspen, really afford this considering our current long term debt? 4. Affectincr Other Projects Is this for seasonal housing or year round housing? Has the City considered that and has the Housing Authority been consulted? Will the impact of 25-30 more studio and one bedroom apartments lower the occupancy at the other public housing projects in Aspen? • • Page Three Lesley LaMonte March 12, 1992 As a taxpayer who has seen his property taxes go up 260% this year, I am already questioning whether .I can afford to live in Aspen. If this ends up being funded out of property taxes in any way can I really afford to live here - are you displacing me downvalley? As an employer I question who this is going to help. Most of my staff live downvalley. There are a few front desk people that we employee seasonally who live in Aspen. What employees is the City targeting for this? Is it for year round or seasonal people? Is it for housekeepers, reservationists, accountants, or is it for a higher paid caliber of employee? My concerns are whether the City is moving too quickly and whether they have thought out the implication, impacts and the cost of this project. I hope that you will do this before moving ahead and creating a tremendous impact on an already crowded neighborhood at a cost the City of Aspen really cannot afford. Yours sincerely, Michael L. Spalding President MLS:dd CC. Todd Southward • • March 10, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut property. The City appears to have decided that it wants another high -density affordable housing project on the Kraut property. I think the City should seriously consider other alternatives. Aspen has a successful tourist -based economy because of its unique character. If Aspen becomes just another high -density condominium resort, it will lose its competitive advantage in attracting tourists. Also, the low -density mining -town character of Aspen is what makes the local population want to live and raise families here. What Aspen needs is more parks and open space and fewer high -density condominium developments. I would like the City to give serious consideration to having the open Space Committee make a contribution to the City for this property and develop the property as an underground parking garage with a park on the top at ground level. Neighborhood parks, while not the highest income generating use of the property, are the type of amenity that makes Aspen attractive and livable. _ Sincerely, • • March 10, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re; Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut property. At the neighborhood planning meeting on March 5, 1992, we were told the neighbors would have several opportunities to comment on the Proposed Kraut development. Additionally, we were told that the City is considering several different proposals but has not decided what will be developed on the Kraut ro for us to comment on or have any slgni f icant It is r a project when there are no plans for us to look at. I think difficult for the City to consider rezoning this Propertyit is premature not even know what it ultimately wants sewdev loped n the ton dthe property. Sincerely, • • March 10, 1992 Leslie Lamont Aspen\Pitkin County -Planning Department 130 South Galena Street Aspen, Colorado 81611 Res Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut property and want to express my concerns relative to the proposed development of that property. I am concerned that we do not know enough about the project to make any assessment regarding whether this is an appropriate or even viable investment of the taxpayers' money. You and Dave Tolen informed us that the City does not know whether the City intends to develop a 100% residential project, a residential project with an underground parking garage or a mixed project with both residential and commercial development. Also, you indicated there is the possibility an underground parking garage could be designed to connect parking on the Kraut property underneath the alley with a future parking garage on the Buckhorn Lodge and Bell Mountain Lodge properties. At this point in time, the only thing you can tell us is that no one knows what will be constructed on that property, much less what the potential cost to the taxpayers is of the various proposals. At some point, the cost will make this project an unreasonable use of taxpayers' money. At this time, it is impossible to determine whether this project is a reasonable use of taxpayers' money, since we do not know what will be developed on the property. It is premature to rezone the property. Sincerely, March 10, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut property. I am very concerned about the proposed density for the Kraut project. I have been told that the project satisfies the floor area requirements for either the office zone (only if developed as 100% affordable housing) or the affordable housing zone. I question whether it is necessary to maximize the buildout of the Kraut site. The proposed Kraut development is approximately triple :.he density of the homes existing in the neighborhood. The single characteristic which sets Aspen apart as a community is its character as a low -density mining town. Sincerely, 700 h'ZI a. ( • • March 10, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: MAR 1 2 1992 I own property and live across the street from the Kraut property. It is my understanding the latest expressed intent of the Housing Authority is that all of the 24 to 30 affoordable deed -restricted units to be constructed on the property will be rental units. Consequently, the tenants will have no equity or ownership interest in the property and no incentive to maintain and keep the property in a clean and orderly fashion and state of repair. Further, development of rental property as opposed to ownershi Mails to address the commonlye p property affordable housing, expressed purpose and goal of which is to provide a stable housing base for a community including families. There is already an over supply of affordable rental units on the market. we do not need more temporary employee housing; although, we may need housing for families to stay in or move back to Aspen. Sincerely, �f March 10, 1992 Leslie Lamont Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Ras Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut I am concerned about the horrible traffic and parkingProperty. our neighborhood which will be made worse b tis Problems in day, there are Federal Express and United Parcel pSeriCe trucks lining our street; and there constantly are cars circling the neighborhood in search of a parking space. As an examplr the Post Office refused to allow our post office boxes to be located a the Hymen Avenue side of our homes because of the traffic problems there. At the neighborhood meeting on March 5, 1992, we were told the City is now considering the construction of a below -grade parking garage on the Kraut property with a maximum of 89 possible parking spaces; but it will very likely be significantly less than 69 spBCes• In most employee. rental projects, there are approximately two people per bedroom and each person has his own car. Consequently, the parking provided b a paless than 89 spac®s would very likely satisfy only nthearapare of king generated by the new development and would not replace the exieting approximately 60 parking spaces. At the March 5, 1992, meeting you discussed the possibility of the City purchasing the Buckhorn Lodge and Hell Mountain Lodge properties and constructing a large underground parking facility on those properties which could be connected to the Kraut property. This is the large parking facility we need type of creative and in this area of town to satisfy parking requirements. It would be a sad loess solution to a vast problem if the of a potential City proc development wis with the Kraut thout giving Proceeds serious consideration problems in this area of town. to the parking • R O N A L D E O H E N I N V E S T M E N T S March 13, 1992 Leslie Lamont Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut property at 706 East Hyman. I am very concerned about the proposed density for the Kraut project. I have been told that the project satisfies the floor area requirements for either the office zone (only if developed as 100% affordable housing) or the affordable housing zone. I question whether it is necessary to maximize the buildout of the Kraut site. The proposed Kraut development is approximately triple the density of the homes existing in. the neighborhood. The single characteristic which sets Aspen apart as a community is its character as a low -density mining town. 6500 R(x_-k SprinS Drive • Suite 302 13 tliesda, Maryland 20817 • (301) 493-5800 • FAX (301) 530-1532 • • LAW OFFICES KRAI3ACIIGR, HILL Fx I:llWARDS PROFESSIONAL CORPORATION JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET ASPEN, COLORADO St6tt a. JOSEPH KRABACHER THOMAS C. HILL JOSEPH E. EDWARDS. III OF COUNSEL JOSEPH E. EDWARDS. JR. May 5, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Proposed Kraut Property Rezoning Dear Leslie: TELEPHONE (303) 925-6300 (303) 925-7116 TELECOPIER (303) 925-1161 As you know, our office represents the 700 East Hyman Avenue Condominium Association. The 700 East Hyman Avenue Condominiums are located across Hyman Avenue from the Kraut property and will be substantially affected by the proposed Kraut rezoning. In general, our clients are opposed to the proposed rezoning and use of the property because it will have significant negative impacts on their properties. As was repeatedly expressed at the Planning & Zoning Commission hearing on March 17, 1992, the neighbors would prefer that the property be dedicated as an in -town community park with a parking structure under ground. Further, it was expressed that the parking structure should be designed so that it could at some future date be connected to an underground parking structure on the Bell Mountain Lodge and Buckhorn Lodge sites through the alley to the south of the Kraut property. From a more technical point of view, the proposed rezoning fails to satisfy review criteria "H" of Section 7-1102, Aspen Land Use Regulations. Review criteria H states as follows. "Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment." As you and Dave Tolen made clear to the Planning & Zoning Commission on March 17, 1992, the review standards should be considered in light of the proposed rezoning and the proposal for development of the property--100% affordable residential housing. The differences between the Office zone district and the Affordable Housing (AH) zone district are as follows. The height limit in the Office zone is 25 feet; and the height limit in the AH zone is 25 feet, which may be increased to 30 feet by special review. The floor area ratio in the Office zone is .75:1, which may be increased to 1:1 by • U Leslie Lamont May 5, 1992 Page 2 special review; and the allowable FAR i may be increased to 1.1:1 by special re quota system exemption by City Council residential housing in the Office development must compete through the conk AH zone, all residential developme requirements. For residential develo there must be one parking space fo commercial development, there must be t 1,000 square feet. In the AH zone, special review; however, there is a requirement of the lesser of one parki parking spaces per unit. A parking gar the Office zone, and certain limited t permitted uses in the Office zone. In t and commercial spaces are not current n p a the AH zone is 1:1, which view. A growth management is allowed for affordable zone, and any commercial plete GMQS process. In the nt is exempt from GMQS ment in the Office zone, r each bedroom; and, for hree parking spaces for_ each parking is determined by cap of a maximum parking ng space per bedroom or -two ge is a conditional use in ypes of commercial space are he AH zone, parking garages 1v allowed. The Citv is processing a text amendment to allow parking garages and certain limited commercial uses as conditional uses under the AH zone district. Perhaps most importantly, the lot area per dwelling unit for a 100% affordable housing project developed in the Office zone is identical to the lot area per dwelling unit developed in the AH zone. Under the plan contained in the Kraut property rezoning application, the limiting factor is the minimum lot area per unit since the FAR requirements are easily satisfied and any below -grade development is not counted in FAR. Consequently, the only relevant differences between the Office zone district and the AH zone district for purposes of the proposed development are the potential for an increase in the allowable height by special review from 25 feet to 30 feet and the potentially significant decrease in the required parking. The application proposes one parking space per unit (24-30 spaces). Development of the proposed project within the Office zone district would require 40 parking spaces. At the Planning & Zoning Commission hearing on March 17, 1992, the only factor on which there was unanimous agreement among the Commission, staff and the public is that there is a severe parking and traffic problem in that neighborhood. There was no evidence presented that parking is adequate in the neighborhood. The only evidence of "changed conditions" presented at the Planning & Zoning Commission hearing on March 17, 1992, was your argument that there has been a diminution of the lower -cost employee housing in the neighborhood. While this may be a changed condition, it is certainly not a changed condition "which supports the proposed amendment," since the sole basis for the proposed amendment is a possible increase in height and a significant (25-40%) reduction in parking. There is no relationship between the alleged changed condition and the proposed amendment to the official zone map. The changed conditions must support (have a rational nexus to) the change in zoning -- there is no relationship. Leslie Lamont May 5, 1992 1 Page 3 On behalf of our clients, I object to the proposed rezoning and request that it be denied because review criteria H is not satisfied and it would be an abuse of the City Council's discretion to approve this rezoning. I would appreciate it if you would enter this letter into the record of the hearing on the proposed rezoning before City Council. Sincerely, 7Josep CH R, HILL & EDWARDS, P.C. Edwards, III th cc Members, 700 East Hyman Avenue Condominium Association seven\1trs\1amont.07 B.JOSEPH KRABACHER THOMAS C. HILL JOSEPH E. EDWARDS, III OF COUNSEL JOSEPH E. EDWARDS, JR. May 6, 1992 \ • LAW OFFICES . MAY - 7 KRAi3ACEIEIZ, HILL b GDW RDS 1'�f PROFESSIONAL CORPORATION JEROME PROFESSIONAL BUILA 201 NORTH MILL STREET Y ASPEN, COI.ORADO Sl6ll 1% ��/ /✓1 TELEPHONE O (303) 925-6300 (303) 925-7116 �A i0 TELECOPIER �i (303) 925-1181 Off. p AA•• Svc% Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: Our office represents the 700 East Hyman Avenue Condominium Association which is located across the street from the Kraut property. I was informed there is scheduled on May 11, 1992, a City Council hearing to consider first reading of an ordinance to rezone the Kraut property from the Office zone district to the Affordable Housing zone district. By motion approved by a vote of six to one, the Planning and Zoning Commission recommended approval of the rezoning. Sections 7-1105A and 7-1106, Aspen Land Use Regulations, require Planning & Zoning Commission approval be by resolution, not by motion. While the headings of these sections relate to suspension of building permits and notation on the official zone district map, the headings are not controlling; and the required procedure is for the Planning & Zoning Commission to recommend disapproval, approval or approval vaith conditions by a resolution. i s consistent. with the general characterization of a rezoning as a very important matter affecting use and rights to private property. Further, the purpose of a rezoning should not be "to relieve particular hardships or confer special privileges." Section 7-1101, Aspen Land Use Regulations. On behalf of our clients, I object to the improper procedure followed and request the application be sent back to the Planning & Zoning Commission for reconsideration and action by a resolution instead of by a motion. This is particularly important since, at the hearing on the text amendment for the changes to the AH zone district immediately after the public hearing for the rezoning on the Kraut property, both Jasmin and Sara stated on the record that, if they had properly understood that parking garages were not allowed in the AH zone district as it is currently defined, they would have voted against recommending approval of the rezoning of the Kraut property. Also, it is apparent to us, the City is going out of its way to "confer special privileges" on itself with this rezoning and simultaneous amendment of the AH zone district. Please submit this letter into the record of the City Council hearing on this matter. Sincerely, KRABACHER, HILL & EDWARDS�--P.C. Jq,geph�\)3. Edwards, II c cc 700 East Hyman Avenue Condominium Association seven\1trs\1amont.08 0 �v v .0 O O �� n/� p{ •.1 H N r N N N �I U C O' m i '1 u j ni ui ui `Y O al J U Ol O O u U C a> CD J 7 I ll) f l_ a) ,— c LO rr c 1 rartt X LU i 0 ZNHPMDVIIV C CD d Y i X 0j, 0 , V,, u a p151� U Cr) a O � >. -0 �( - v N N N ro—4 -4 p o r, --i U T J -D LO A' ro .-I " ro ri .[ ro ro ro O ro a w G:" u o u u u ( -- O cu v •_', �a��jji a v 1 L EaEt7; 4 i7 W. o �:4 ' Ion �. A ►!i! (—L4 �•'dM�J-91a-J 41�J_ls o4y�oi1v7J 0,5) 0 O CO .-1 C it u u LL • _ city council 8xhibit_ Approved , 19 _ TABLE 4.1 By Ordinance DIMENSIONAL REQUIREMENTS AH Zone Maximum criterion Requirements Proposal Minimum front yard 10', 10' 10' Minimum rear yard 10' 5' Minimum side yard 5' Minimum distance between bldgs. 5' Maximum height 25' 301(by spec. review) 30' Minimum lot size 3,000 s.f. 15,000 s.f. Minimum lot area/unit Studio 300 s.f. 10 units = per unit 3,000 s.f. One bedroom 400 s.f. 10 units = 4,000 s.f. per unit Two bedroom 800 s.f. 10 units = 8,000 s.f. Minimum lot area total 15,000 s.f. Maximum F.A.R. 1.1:1 Maximum Floor Area 16,500 s.f. (15,000 s.f. lot) Minimum open space (o) Special Review Special Review Open -space Off-street parking Special Review 24-30 spaces (1 space/mot) E TABLE 4.2 DEVELOPMENT DATA Number Unit Type unit size Category 1 4-5 Studio 350-400 s.f. 4-5 One Bedroom 450-500 s.f. 4-5 Two Bedrooms 700-750s.f. Category 2 4-5 Studio 450-500 s.f. 4-5 One Bedroom 550-600 s.f. 4-5 Two Bedrooms 750-800 s.f. 24-30 Total Units Total Net Livable: 13,000-17,750 s.f. NOTE: The figures above are "Net Livable," not "gross" square footages. If a maximum development program at 30 units is pursued, garden level units will be necessary for the project to stay within the maximum F.A.R. permitted under the AH zone. a L� • ATTACHMENT E - Applicable Review Standards for a Text Amendment Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing and Resident Occupied units. —The AH Zone District is intended for residential use primarily by permanent residents of the Community... Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents... Lands in the AH Zone District should be located .within walking distance of the center of the City, or on transit routes." The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan and the methodology for assessing the need for new housing is currently being revised. Once adopted, the Production Plan will enable the Housing Authority to determine the income categories and type of housing units that are needed. Currently the parcel is zoned Office. The Office Zone District does enable the development of 100% affordable housing, however, the height limit in the district is 25 feet while the AH Zone allows an increase in maximum height to 30 feet by Special Review. In addition, the Office Zone District does not enable development of commerical and office space exempt from the Growth Management System. The proposed text amendment to the AH Zone District would allow a free market commercial element to be developed exempt from Growth Management competition. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The various elements of the Aspen Area Comprehensive Plan list several goals that are relevant to this rezoning. As described in the application those goals are: to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; and to encourage land uses, businesses, and events which serve both the local community and tourist base. As was mentioned earlier in this memo, the 1987 Transportation Element identified this site for below grade parking. 1 Additionally, the 1992 Draft Community Plan suggests parking, housing and commercial space for this site. The rezoning of this parcel for affordable housing and possibly locally oriented commercial development is an appropriate approach to dispersed housing development within close proximity of jobs, community activities and neighborhood services. Development of the Kraut property will provide a year-round resident population within the City's core. Initial site planning proposes a development that is compatible with the surrounding neighborhood in terms of intensity of land use, site design, massing, scale, and architectural character. A mixed -use nature of the proposal will also be compatible with the surrounding mixed land uses and will provide a transition between the commercial core and the residential multi -family neighborhood across Original Street. The use of tax dollars to develop the site is a collective resolution to an important community issue. As the application states, "New tax provisions were enacted by the City's electorate, creating tax revenues of over $2 million per year for the next ten years dedicated to affordable housing. County voters approved up to $6 million in bonding authorization for affordable housing. (The County,participated in the purchase of this property.) C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The neighborhood encompasses a variety of zone districts and land uses - locally oriented commercial, office, lodge, and single and multi -family residences. The intensity of land use varies from the busy Coates, Reid and Waldron office building adjacent to residential duplexes, to the Bell Mountain and Buckhorn Lodges both representing different levels of use. Please refer to the maps, attachment "C", as a visual reference of the surrounding neighborhood and the Site Description section of this memo. d. The effect of the proposed amendment on traffic generation and road safety. Response: According to the application, a 24-30 unit development should generate approximately 73-150 vehicle trips/day. However, due to the in -town location and proximity to bus routes it is estimated that the number of vehicle trips on a daily basis will be less. According to the Engineering Department, the roads are adequate to handle this number of vehicle trips. Parking for affordable housing is established by Special Review pursuant to Section 5-301 (B), one space per unit has been considered the minimum number of spaces to be provided on -site for a 100% residential development. One of the primary concerns of the neighbors is the congested nature of the Original and Hyman Street intersection. Service/delivery vehicles constantly block the street and this end PJ • • of town is a popular parking area for day skiers. The neighbors fear that the elimination of the parking lot combined with increased development at this corner will exacerbate the congestion and parking problems. A conceptual layout of a parking garage shows approximately 89 spaces may be possible on this parcel. The provision, of a parking garage would mitigate the parking demands for the land uses on site and create additional parking to help alleviate the problematic parking situation that occurs in the neighborhood. When queried about a below grade parking garage on site, the neighbors expressed support and desire for a solution to a growing parking problem. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities,water supply, parks, drainage, schools, and emergency medical facilities. Response: Based upon the Housing Guidelines, the development could house approximately 53 residents in a 30 unit project. There are existing utilities on the site or proximate to the site which have the capacity to service the development. The original proposal included on -site parking for the dwelling units. A mixed -use development would reduce the number of residential units on site to approximately 23-25. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The site is flat with no significant vegetation. Development will not adversely impact the natural environment. Landscaping and appropriate site treatments for drainage, runoff etc. will be addressed during subdivision. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Affordable resident housing has historically been interspersed throughout Aspen's neighborhoods. The Commercial Core and the East End are comprised of various housing types including housing for working residents. The proposal for multi -family housing is compatible with the character of the immediate neighborhood. The rezoning is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of town and provide housing for working residents. A mixed -use proposal would be consistent with direction given from the Sub -Committees working on the 1992 Aspen Area Community Plan. The committees have identified this parcel for housing, parking and local commerical space. 3 • h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The neighborhood surrounding the Kraut property has changed significantly. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The East End, traditionally home for working residents, has greatly shifted to a neighborhood of second homes. For example, the duplexes in the 700 block of East Hopkins Street (Pitkin Row) replaced approximately 4 miners cottages that were estimated to have housed 3-4 residents each. The Cooper Avenue Greystones replaced 1 miners cottage and an alley shed that housed 5 residents total. Another example is the approved redevelopment of the Valley Hi apartments on East Hopkins which will replace 19 dwelling units with 4 deed restricted affordable units and 4 free market units. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing Production Plan approaches the problem from several facets: preservation, production and replacement. The AH Zone District is one avenue available for the public and private sectors to address the community's housing problems. This rezoning is proposed as an attempt to develop new affordable housing integrated into the community. Additionally, if a commercial component were to be considered, commercial space that is locally oriented and meeting the service needs of the surrounding neighborhood should be encouraged to help reverse the trend of losing these types of services in the community. As an example, the duplexes in the 700 block of East Hyman replaced a local health food store, resident unit and the "christmas tree lot". i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate the provision of affordable local housing for the community. • MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department 0coamil-wit i vad -� ordiname DATE: November 15, 1991 RE: Kraut Affordable Housing Project Map Amendment Having reviewed the- above application and having .made a site visit; the Engineering Department has the following comments: 1. There are 72 to 150 vehicles trips/day that the applicant states. could be generated by this development plus the 700 trips/day for Hyman Avenue and 4,700 trips/day for Original Street which was given in the Aspen Area Comprehensive Plan: Transportation Element.. These volumes can be. adequately accommodated by the -50-foot widths of the these streets. 2. The applicant indicates -that this development will generate a - resident population of approximately 53 persons and that current public facilities are capable of accommodating the service demands of the project and its residents. Although the Engineering Department utility maps show that this location is.served by all utilities, the applicant -still needs to furnish confirmation that the existing water and sewer systems have sufficient capacity -to accommodate this project. 3. The applicant needs to agree to join a, special improvement district if one is ever formed. 4. The applicant needs to get an excavation permit from the Streets Department and approval of design from the Engineering Department for any work done in the public right-of-way. jg/kraut cc: Chuck Roth L_ • OCY Council Exhibit Approved , 19 By Ordinance RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING TO THE CITY COUNCIL OF ASPEN REZONING THE KRAUT PROPERTY, LOTS E, F, G, & I, BLOCK 105, ASPEN COLORADO, FROM OFFICE TO AFFORDABLE HOUSING Resolution No. 92-11�1 WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on December 17, 1991 to consider the rezoning of the vacant parcel from office to affordable housing; and WHEREAS, the Commission tabled review of the application pending a worksession with City Council and a neighborhood meeting; and WHEREAS, the Commission and Council held two worksessions in February of 1992 and staff meet with interested neighbors in March of 1992; and WHEREAS, the Commission reviewed the rezoning at a duly noticed Public Hearing March 17, 1992; and WHEREAS, the Commission found that the rezoning is consistent with the goals of the City to provide scatter site affordable housing through out the city and within walking distance of the downtown; and WHEREAS, the rezoning addresses changes within the neighborhood where a significant number of affordable housing has been lost; and WHEREAS, the rezoning is consistent with 1973 Aspen Area Comprehensive Plan identifying this site as a multi -use site and the goal of the Aspen Area Community Plan to provide affordable housing for the Community. NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission I that it recommends to the Aspen City Council the rezoning of Lots E, F, H, & I, Block 105 Aspen Colorado from Office to Affordable Housing. APPROVED by the Commission at their regular meeting on May 18, 1992. ATTEST: L (tj i Jan arney, Depu City Clerk 2 ASPEN PLANNING AND N MMISSION J smine Tygre. Chairwoman • CERTIFICATE OF MAILING I, Cindy L. Christensen, do hereby swear that a copy of the attached Public Notice was mailed to the attached list of names on Wednesday, July 29, 1992. Cindy L. ristensen Administr tive Assistant JUL -'j ".� U' +: SLRr1 CITY OF 4SPEr l F. 1. 1 • • PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO 'THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS E, F, G, H AND I, BLOCK 105, KNOWN AS THE KRAUT PROPERTY, FROM OFFICE ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 10, 1992 at a meeting to begin at 5:00 pm befcre the Aspen City Council, District Courtroom, Pitkin County Courthouse, 506 East Main Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen, located at the southwest corner of East Hyman and Original Street, from Office to Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable Housing Zone permits residential affordable housing, free market housincl, hone occupations and accessory buildings and uses. See Section 24-5- 206.2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. slJahn Bennett. Mayor Aspen City Council Carlos Olivares Monika S. de Olivares Robin Michael Molny • 1020 E. Hyman Avenue M B Joint Venture c/o Fred Martell 826'E. Hyman Aspen, CO 81611 3 Quail Run Aspen, CO 81611 Old Westbury, NY 11568 John and Joan Antonelli Michael and Gloria Goldman Richard and Dorothy Simmons 2300 Sunrise Key Blvd. 62 West Glaconda Way c/o Code Hennlsy & Simmons Ft. Lauderdale, FL 33304 Tucson, AZ 85704 303 West Madison, 17th Floor Chicago, IL 60606 Sylvia Bringolf-Smith Herbert and Harriet Davis Simon and Nora Kelly George A. Smith 210 West Railroad Avenue P.O. Box 1583 250 S. Original Curve, Unit# Forked River, NJ 08731 Aspen, CO 81611 Aspen, CO 81611 Madeline Lieb Schulte Trust Susan and Armond Chaput Frank D. Ross 800 East Hyman Avenue, UnitA 3426 Westcliff Road South 520 E. Durant, #204 Aspen, CO 81611 Ft. Worth, TX 76109 Aspen, CO 81611 Jon Chapman, Trustee John Hayes Francis P. Hoffman, Trustee 800 East Hyman Avenue 835 E. Hyman Avenue Francis P. Hoffman Revocable Trust Aspen, CO 81611 Aspen, CO 81611 219 Inverness Lane Scherville, IN 46375 Colin Chapman Kathleen & Walter B. Smith, Jr. Donald H. Witt 250 South Original, Apt. B 6527 Lange Circle 1412 Grand Avenue Aspen, CO 81611 Dallas, TX 75214 Glenwood Springs, CO 81601 Candice L. Lavigne Lisa Clawson Stanley L. Seligman P.O. Box 7695 710 East Durant, #C P.O. Box 72 Aspen, CO 81612 Aspen, CO 81611 Grand Junction, CO 81502 Robert C. Blitz DLRFinancial Corporation Karen Bernice Kiefer Trust John O. Antonelli 2907 Lucern Court c/o Walter J. Kiefer, Jr. 9701 River Road Arlington, TX 76012 P.O. Box 70136 Potomac, MD 20854 Seattle, WA 98107 Skvler S. DeBoer W. R. Walton Kathleen Elizabeth Kiefer Trust Box 6381 400 West Main Street c/o Walter J. Kiefer, Jr. Snowmass Village, CO 81615 Aspen, CO 81611 P.O. Box 70136 Seattle, WA 98107 Kathleen Elisabeth Kiefer Trust Galen and Mary Lou Martin Frank J. Woods III aka Kathleen Elizabeth Kiefer Trust 5001 Hopewell Road P.O. Box 1361 c/o Walter J. Kiefer, Jr. Louisville, KY 40299 Aspen, CO 81611 P.O. Box 70136 Seattle, WA 98107 Spring Street PO Kristin P. Kiefer Trust Adrian C. Dorworth c/o Vincenzi c/o Walter J. Kiefer, Jr. P.O. Box 2694 P.O. Box 2238 P.O. Box 70136 Aspen, CO 81612 Aspen, CO 81611 Seattle, WA 98107 Walter J. Kiefer III Trust WilliamF. Carr, Trustee Toby and Janet Mazzie _c/o Waltcr J. Kiefer, Jr. • P.O. Box 4619 1425 Sierra Vista P.O. Box 70136 Aspen, CO 81612 Aspen, CO 81611 Seattle, WA 98107 Florence W. Hellinger Fred and Barbara Martell Greg Sherwin 1849 Wycliff Drive 3 Quail Run 1020 E. Hopkins, #1 Orlando, FL 32803 Old Westbury, NY 11568 Aspen, CO 81611 Max and Helen Natterer c/o Reinmax Ltd. Robert Baum 312009 Ontario Limited Box 5069, Station F 35 Mayflower Drive 180 Steeles Ave. West, #206 Ottawa Ontario, Tenafly, NJ 17670 Thornhill, Ontario Canada K2C-3H3 CANADA L4J 2L1 757253 Ontario Limited Nancy Weil Ronald and Dana Cohen Ontario Corporation 1401-23rd Avenue Court 6500 Rock Spring Drive c/o Landawn Shopping Centers Greeley, CO 80631 Bethesda, MD 20817 11 Poison Street Toronto, CANADA M5A IA4 Ethel Caro Gofen Stephen and Elissa Salzman Catharine Black Peterson 455 City Front Plaza, Suite 3000 789 Woburn Street 2309 Gadd Road Chicago, IL 60611 Wilmington, MA 01887 Cockeysville, MD 21030 Don and Marian Willoughby Red River Valley Peter and Rochelle Berman 12322 Rio Van Winkle Investments Co. 10021 Ormond Road Houston, TX 77002 408 St. Peter St., Suite 440 Potomac, MD 20854 St. Paul, MN 55102 Matthew and George Kellner Dennis Chookaszian Bruce V. Michelson 570 Dover Drive c/o CNA Insurance 56 Fair Oaks Walnut Creek, CA 94596 CNAPlaza, 40 South St. Louis, MO 63124 Chicago, IL 60685 Richard G. Benter Robert N. Rivers Tamara & James Hunting Mason and Brenda Simpson c/o Richard G. Benter 2720 Darby S.E. 25 Saddlebach Road 21 Morgan Grand Rapids, MI 49506 Tequesta, FL 33469 Irvine, CA 91718 Manutea Knight Phyllis M. Coors Patty K. Landers Alan A. Storey Panorama Estates P.O. Box 4680 100 Poloke Place Route 5, Box 763 Aspen, CO 81612 Honolulu, Hawaii 96822 Golden, CO 80401 Paige Vitousek Arden Moore Joel and Elaine Gershman Michael and Gail Craig 100 Poloke Place 250 S. 18th Street 6519 Seaside Walk Honolulu, Hawaii 96822 Philadelphia, PA 19103 Long Beach, CA 90808 Ajae Limited Partnership Williamand Carolyn King Suite 202 Annette and Gerald Krans 405 Buckingham Road 1910 N. Grant Street P.O. Box 1592 Pittsburgh, PA LittleRock, AK 72207 Aspen, CO 81611 Dasha Belkova 650 'N-Rio Vista Blvd. Ft. Lauderdale, FL 33301 •Alan and Karen Berkowitz P.O. Box 35 0 Brooklandville, MD 21022 John A. Elmore II P.O. Box 881 Wrightsville Beach, NC 28480 Weston T. Anson 1345 Crest Road Del Mar, CA 92014 Weston T. Anson 2041 Del Mar Heights Del Mar, CA 92014 John E. Correla 6730 E. Northwest Highway Dallas, TX 75231 Gale D. Spence P.O. Box 9806 Aspen, CO 81612 Gary D. Spence P.O. Box 9806 Aspen, CO 81612 Yvonne and Raymond Klika 32415 Burlwood Drive Solon, OH James and Julia Price 32670 Woodsdale Lane Solon, OH 44139 Herron -Gray Partnership Box GG Aspen, CO 81612 Joseph and Anna Marie Carrillo 236 Henry Street Brooklyn Heights, NY 11201 W. C. Mears 1914 Peninsular Road Akron, OH 44313 MKDGIIIAspen, Inc. 410-17th Street Denver, CO 80202 Affordable Commercial'Space May Be Added To Kraut Housing Plan Daily News Staff Report Long-term affordable rental units have to comply with the guidelines for No restaurants or have been planned for the lot, but the "neighborhood commercial" zoning, The vacant lot across from the Aspen idea of combining commercial space Other neighborhood commercial zones Althetic Club at the comer of Hyman b;pufiques would be allowed. with the units is gaining ground. in town include the City Market block 1 Avenue and Original Street might some- ' "- ` — "It would be affordable retail space and the Clark's Market block. No day house the underwear store that dale Silt Aspen,' " said Pendelton. for locals," said council member Frank restaurants, boutiques or art galleries j Aspen city council member Margot The city of Aspen paid $1.1 million Peters, who also sits on the Aspen/Pitkin would be allowed. Pendelton believes is needed in Aspen. last year for the 15,000-square-foot County Housing Authority. The concept is a long way from reah- Under Pendelton's thinking, an corner lot, which is now being used as a Leslie Lamont, a planner with the ty. Currently, no commercial space is underwear store is any store that sells parking lot. The city bought the property Aspen/Pitkin County planning depart- allowed in an affordable housing zone, those essential goods that can't be found from Elaine M. Kraut, and it is now ment, said other ideas include an under- and there is the sticky issue of fair trade easily in Aspen anymore, like cheap_ referred to as the "Kraut Property." Zr.;u d parking lot, and/or a facility like if the commercial space is subsidized. socks. THE CITY is currently going a small grocery store, barber shop or "Legally, I don't know how we go . "Instead of seeing `Milan Pari,. through the rezoning process to desig- liquor store on either the ground or about !his;" said Pendelton. `But if any London Aspen' across the bottom of the nate the property as "AH," or affordable garden level. property we have that has the potential to window, it might say `Basalt Cardon- housing. ANY ESTABLISHMENT would something like this, it is this one." LOCAL Controversial East -End Project Goes Before City Council Tonight By JEANNE McGOVERN Aspen Daily News Staff Writer "I am very concerned The Aspen City Council will decide that building affordable tonight whether to re -zone a piece of property that ultimately could become a housing and/or eommeri- g controversial housing and commercial cal Will exacerbate an development project featuring an already `packed to the = . underground parking lot. The Kraut property, located across gills' parking situation on from the Aspen Athletic Club on Hyman the east end of Aspen." Avenue and Original Street, is currently Rita Rasmussen . being used as a parking lot. Some neigh- Kraut Property Neighbor bors criticize the project for worsening an already "packed" corner of the city. City planners and Aspen/Pitkin County Housing Office officials are proposing moving that parking lot "At this point in time, the only thing underground and building a three-story you can tell us is that no one knows what commerical/affordable housing will be constructed on that property, complex on the land. much less what the potential cost to In order to move forward with those taxpayers of the various projects," wrote plans, the 15,000 square foot lot would Fred Martell. "It is premature to rezone have to be re -zoned "affordable hous- the property." ing." It currently is zoned "office." Plans Although city council members for the mixed commerical/residential approved first reading of the re -zoning use would be presented after re -zoning is ordinance May 26, they asked for more approved. information regarding neighbors The problem facing council members concerns. tonight is opposition and concern from Tonight they will review those neighbors of the project. concerns and make a decision. According to city staffers, neighbors If they vote to re -zone the property, have the following concerns regarding city staffers and Housing Office official the proposed re -zoning: impacts to the will begin outlining the specific deve- neighborhood; rental vs. sale units; costs lopment plan. and needs of the area; and specific uses Or, the council could table the re - for the development. zoning until they can review a site The neighbors' comments were specific development plan or the prop - collected during a March 5 neighbor- osed text amendments allowing for hood meeting and subsequent letters. mixed -use development in the afford - "I am very concerned that building able housing -none. affordable housing and/or commerical The city council also could choose to will exacerbate an already 'packed to the maintain the existing office zoning. gills' parking situation on the east end of Although a mixed -use development Aspen," wrote Rita Rasmussen, a could still be approved in the office zone project neighbor. district, the parking structure and In addition, neighbors fear re -zoning commercial element would not he the property tonight would be a prema- exempt from the Growth Managment ture decision. System, making the project less feasible. ASPEN DAILY NEWS, Wednesday, July 29,1"2, Page 3 LOCAL Will Units Be Kept "In A Clean And Orderly Fashion?" Luxury Condo Owners May Sue Over Proposed Employee Housing Project By BRENT GARDNER-SMfTH Aspen Daily News Staff Writer Owners of a three-story row of luxury condos on East Hyman Avenue are greatening to sue the city of Aspen over employee housing and commercial project proposed across the street. The owners of the exclusive 700 East Hyman Avenue condominiums told the city's planning department they fear local workers won't "keep the property in a clean and orderly fashion" and that "if Aspen becomes just another high - density condominium resort," it will lose its "low -density mining -town character." In addition, Michael L. Spalding, the president of one of the town's top real estate companies is concerned about "underwear that needs to be dried," which renters may end up "hanging out their windows ... How is that going to affect the neighborhood?," he asks in a letter to the city's planning department. Spalding's company, Coates Reid & Waldron, is located across the street from the proposed housing project, and it manages the 700 East Hyman Avenue condos. In addition, owners are concerned that the project will add to what they see as an already busy section of town. The 700 East Hyman Avenue condos, located next door to the Aspen Althetic Club, were built in 1987. The six 2,584 square foot condos are now each valued at $1.16 million dollars by the Pitkin County Assessor's. office and are surrounded by a brick and iron fence Aspen Daily News ; Devon Meyers HOME TO MORE HOMES? An employee housing and commercial project are proposed for this parking lot. Some neighbors don't want it to hapoen. with seven posted "private" signs. All but one of the tax bills for the six condos are mailed out of the valley, according to the Assessor's Office. The 700 East Hyman Avenue Condominium Association has retained Aspen attorney Jody Edwards, who has put the city on notice that he will be watching how the city council proceeds with rezoning the property to an "afford- able housing" designation. "The neighbors would prefer that the property be dedicated as an in -town community park with a parking structure under ground," Edwards told the city in a May 5 letter. Edwards implied that if there were errors in how the city handled the rezon- ing, he might file a lawsuit, according to Aspen city attorney Jed Caswell. "We are being perhaps a bit more cautious than usual in terms of procedur- al issues," Caswell said. The city and Pitkin County pooled housing funds and paid $1.1 million for the 15SM square foot comer lot in Janu- ary, 1991, and is now considering build- ing an 89-car underground parking lot, one level of commerical, and two levels of affordable housing, which would amount to 20 to 25 units. Aspen city council member Margo Pendleton had advocated the commercial space being restricted to businesses offering essential services and products for locals. Ironically, given Spalding's concerns over "underwear that needs to be dried," Pendleton has often publicly suggested "an underwear store" be considered. The property is currently zoned "office" and is being used as a commeri- cal parking lot. The city would need to change the zoning to "affordable hous- "What is going to happen to the people, bicycles, skis, cars, dogs, friends, underwear that needs to be dried ...? ' Michael L. Spalding Coates, Reid, Waldron ing," or "AH Zone," in order to build -inits on the site. To change existing zoning to the "AH Zone," a developer, in this case, the city, must prove that conditions have changed in the area to warrant the zoning change. This is one point that Edwards has challenged. As a result, planner Leslie Lamont was directed by the city council on Monday to gather more information to make the case that indeed, housing pres- sures in the community justify the zoning change. The decision to rezone was tabled until August 10. Another challenge is that the zoning should not be changed until the specific plans are addressed. The "AH Zone" allows a developer to build bigger, taller buildings; exempts the project from the Growth Managment Quota System; and requires less park- ing. The zoning change has some neigh- boring property owners worried that the comer lot will be overbuilt in what they see as an already busy part of town. In a series of letters to the planning department, of all of which are typed in the exact format and begin with "I own c°lease see LAWSUIT on page 16 FROM PAGE 3 Neighbor Would Like To See A Park LAWSUIT from page 3 property and live across the street from the Kraut property," the owners of the condos at 700 E Hyman list a variety of concerns. "What Aspen needs is more parks and open space and fewer high -density condominium developments," wrote JeAaum, who owns a condo at 704 E H Avenue with Robert Baum of New Jersey. "The proposed Kraut development is approximately triple the density of the homes existing in the neighborhood. The single characteristic which sets Aspen apart as a community is its chrac- ter as a low -density mining town," said Bill Can, who owns the unit at 700 E Hyman. A representative of the Red River Valley Investment Co., a Minnesota General Partnership, which owns the condo at 710 E Hyman, questions whether rental units will be kept up. "...the tenants will have no incentive to maintain and keep the property in a clean and orderly fashion and state of repair," the owner told the planning office in a letter. The out-of-state owners are not the only one who have concerns. Spalding questions the wisdom of the city's proposal. "As a neighbor I am also concerned with the appearance of the property. Again, if 25-30 apartments are built on this site... what is going to happen to the people, bicycles, skis, cars, dogs, friends, underwear that needs to be dried, potted plants, extra clothing,. extra furniture, etc. Will that all be hang- ing out their windows or sitting on their decks?," he wrote in a Marche ,2 letter to planner Lamont. �isf1�ti Neighbors' gripes don't stop ' .rezoning for housing project.. limes Daily staff reportNeighbors of a proposed Aspen Iemployee hous- �ng ProJectgnrg to the city planning commission �esday night that the project is bad for the city and bad for them, but didn't stop a zoning change. With one vote against, members of the plan- ning commission agreed to rezone the Kraut par- cel, a 15,000-square foot piece of land the city bought in 1990 for $1.1 million. Though no plans have been set for the land, bordered by Hyman and Original, city and Aspen- Pitkin County Housing Authority officials have talked of 24 employee rental units. Also possible, with the housing, are under- ground parking and first -floor commercial space. Neighbors' objections But neighbors objected to the zoning change, claiming the project would mean more traffic, I greater demands on parking, and increased density. Neighbors also suggested there's plenty of rental units available and that the city is wasting tax money to build what's not needed — or to build on such expensive downtown land when it could build more housing for the same money elsewhere. Estimates for completing the project range from $4 million to $6 million. Owners of adjacent property also said the kind of short-term rental residents they think the pro- ject will attract will be poor neighbors, with no interest in maintaining the property. Even more annoying to the worried neighbors is that they don't know exactly what will be built on the site, and that some feel the city is deter- mined to build housing regardless of what their opinions. Deaf ears? "It doesn't really matter what I or anyone here says," said Michael Spaulding. `The city and the planning board have already made up their minds this is what is going to happen that's the. way I feel." Lawyer Jody Edwards, representing a neigh- boring condo association, said the uncertain future of the parcel is one of the most worrisome factors. "We can't be sure it will be compatible with the neighborhood; we can't be sure what the impact will be until we have a plan," Edwards said. Many comments from neighbors focused on plans for adjacent land that's likely to be redeve- loped. They suggested the Kraut land shouldn't: be planned without including that other land. Planning commission members said the city isn't ignoring possible redevelopment of adjacent land now occupied by the Buckhorn Lodge and Bell Mountain Lodge. And, they noted, worries about design weren't what they were considering yesterday, and that city council would deal with that — after more opportunity for public comment. P&Z approval Board members emphasized they were there only to consider if the change from office zone to affordable housing zone was justified under guidelines. They decided the change was justified, with the exception of member Bruce Kerr. Kerr's opinion was that the housing was not compatible with other uses in the area and because of traffic and parking problems it might cause. _ Though a zoning change ahead of an actual design is standard procedure, Kerr suggested the Kraut project — because of its size and complica- tions — is an example of a case in which the city might do better to present a plan to the public first and zone later. 1� 2m e— r-�- �- ,re ss %j� 70 Y 4�w,� ��b l POO I it Aspen/Pi 130 Asp, (303) 9 August 7, 1992 Joseph E. Edwards, III Krabacher, Hill & Edwards 201 North Mill Street Aspen, Colorado 81611 RE: Kraut Rezoning Hearing Dear Jody: ing Office street 4611 920-5197 This letter is response to your July 28, 1992 request for information concerning the Kraut public hearing. 1. A copy of the memo to City Council for the August 11, 1992 public hearing is enclosed. 2. One or all of the following persons will be called as witnesses at the public hearing: Tom Baker, Dave Tolen and Jim Curtis of the Aspen/Pitkin Housing Office. 3. Copies of the public hearing notices and proof of mailing are enclosed. 4. Copies of future public notices will be sent to you. 5. A complete copy of the application for the Kraut property is enclosed. Sincerely, Deborah Skehan, Office Manager MESSAGE DISPLAY TO Leslie Lamont CC Debbie Skehan From: Diane Moore Postmark: Jul 28,92 10:21 AM Status: Certified Previously read Subject: Kraut Rezoning Message: Since this was tabled to August 10 meeting, we have to properly notice the homeowners within 300 ft. of property within 10 days of the hearing by certified mail. Please make sure that all the proper noticing is done so this can be approved on the loth. Thanks. PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS E, F, G, H AND I, BLOCK 105, KNOWN AS THE KRAUT PROPERTY, FROM OFFICE ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 10, 1992 at a meeting to begin at 5:00 pm before the Aspen City Council, District Courtroom, Pitkin County Courthouse, 506 East Main Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen, located at the southwest corner of East Hyman and Original Street, from Office to Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable Housing Zone permits residential affordable housing, free market housing, home occupations and accessory buildings and uses. See Section 24-5- 206.2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. J John Bennett, Mayor Aspen City Council Housing Authority City of Aspen/Pitkin County 39551 Highway B2 Aspen, Colorado B 1 61 1 (303) 92O-5050 Fax: (3O3) 92O-55BO 17 March, 1992 Ms. Leslie Lamont Aspen/Pitkin County Planning Department 180 south Galena Street Aspen, CO 81611 Re: Affidavit of Public Notice Kraut Affordable Housing Project Map Amendment Dear Ms. Lamont The Aspen/Pitkin County Housing Authority, as applicant for the above referenced matter, hereby certifies that a Notice of Public Hearina was mailed to property owners within a NCO foot radius c'L the property on February 27. 1992. Sig ; e Tolen Project Manager SUBSCRIBED, CERTIFIED AND SWORN To me in the City of �spen and Pitkin County, State of Colorado this _ day of 1592, by Dave Tolen My Commission Expires: Notary ruiD:_c — -- PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS E, F, G, H AND I, BLOCK 105, KNOWN AS THE KRAUT PROPERTY, FROM OFFICE ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 17, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted -by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen, located at the southwest corner of East Hyman and Original Street, from Office to Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable Housing Zone permits residential affordable. housing, home occupations and accessory buildings and uses. See Section 24-5-206:,2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. JJasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on February 26, 1992. City of Aspen Account CERTIFICATE OF MAILING I, Cindy L. Christensen, do hereby swear that a copy of the attached Public Notice was mailed to the attached list of names on Wednesday, July 29, 1992. Cindy L. 4ristensen Administr tive Assistant Carlos Olivares Robin Michael Molny M B Joint Venture Monika S. de Olivares 1020 E. Hyman Avenue c/o Fred Martell 826• E. Hyman Is Aspen, CO 81611 3 Quail Run Aspen, CO 81611 Old Westbury, NY 11568 John and Joan Antonelli 2300 Sunrise Key Blvd. Ft. Lauderdale, FL 33304 Sylvia Bringolf-Smith George A. Smith 250 S. Original Curve, Unit# Aspen, CO 81611 Madeline Lieb Schulte Trust 800 East Hyman Avenue, UnitA Aspen, CO 81611 Jon Chapman, Trustee 800 East Hyman Avenue Aspen, CO 81611 Colin Chapman 250 South Original, Apt. B Aspen, CO 81611 Candice L. Lavigne P.O. Box 7695 Aspen, CO 81612 Robert C. Blitz John O. Antonelli 9701 River Road Potomac, MD 20854 Skvler S. DeBoer Box 6381 Snowmass Village, CO 81615 Galen and Mary Lou Martin 5001 Hopewell Road Louisville, KY 40299 Adrian C. Dorworth P.O. Box 2694 Aspen, CO 81612 Michael and Gloria Goldman 62 West Glaconda Way Tucson, AZ 85704 Herbert and Harriet Davis 210 West Railroad Avenue Forked River, NJ 08731 Susan and Armond Chaput 3426 Westcliff Road South Ft. Worth, TX 76109 John Hayes 835 E. Hyman Avenue Aspen, CO 81611 Richard and Dorothy Simmons c/o Code Hennlsy & Simmons 303 West Madison, 17th Floor Chicago, IL 60606 Simon and Nora Kelly P.O. Box 1583 Aspen, CO 81611 Frank D. Ross 520 E. Durant, #204 Aspen, CO 81611 Francis P. Hoffman, Trustee Francis P. Hoffman Revocable Trust 219 Inverness Lane Scherville, IN 46375 Kathleen & Walter B. Smith, Jr. Donald H. Witt 6527 Lange Circle 1412 Grand Avenue Dallas, TX 75214 Glenwood Springs, CO 81601 Lisa Clawson Stanley L. Seligman 710 East Durant, #C P.O. Box 72 Aspen, CO 81611 Grand Junction, CO 81502 DLRFinancial Corporation Karen Bernice Kiefer Trust 2907 Lucern Court c/o Walter J. Kiefer, Jr. Arlington, TX 76012 P.O. Box 70136 Seattle, WA 98107 W. R. Walton Kathleen Elizabeth Kiefer -Trust 400 West Main Street c/o Walter J. Kiefer, Jr. Aspen, CO 81611 P.O. Box 70136 Seattle, WA 98107 Kathleen Elisabeth Kiefer Trust Frank J. Woods III aka Kathleen Elizabeth Kiefer Trust P.O. Box 1361 c/o Walter J. Kiefer, Jr. Aspen, CO 81611 P.O. Box 70136 Seattle, WA 98107 Spring Street PO Kristin P. Kiefer Trust c/o Vincenzi c/o Walter J. Kiefer, Jr. P.O. Box 2238 P.O. Box 70136 Aspen, CO 81611 Seattle, WA 98107 Walter J. Kiefer III Trust WilliamF. Carr, Trustee Toby and Janet Mazzie ' c/o Walter J. Kicfer, Jr. P.O. Box 4619 1425 Sierra Vista P.O: Box 7(1136 Aspen, CO 81612 Is Aspen, CO 81611 Seattle, WA 98107 Florence W. Hellinger Fred and Barbara Martell Greg Sherwin 1849 Wycliff Drive 3 Quail Run 1020 E. Hopkins, #1 Orlando, FL 32803 Old Westbury, NY 11568 Aspen, CO 81611 Max and Helen Natterer c/o Reinmax Ltd. Robert Baum 312009 Ontario Limited Box 5069, Station F 35 Mayflower Drive 180 Steeles Ave. West, #206 Ottawa Ontario, Tenafly, NJ 17670 Thornhill, Ontario Canada K2C-3H3 CANADA L4J 2L1 757253 Ontario Limited Nancy Weil Ronald and Dana Cohen Ontario Corporation 1401-23rd Avenue Court 6500 Rock Spring Drive c/o Landawn Shopping Centers Greeley, CO 80631 Bethesda, MD 20817 11 Poison Street Toronto, CANADA M5A IA4 Ethel Caro Gofen Stephen and Elissa Salzman Catharine Black Peterson 455 City Front Plaza, Suite 3000 789 Woburn Street 2309 Gadd Road Chicago, IL 60611 Wilmington, MA 01887 Cockeysville, MD 21030 Don and Marian Willoughby Red River Valley Peter and Rochelle Berman 12322 Rio Van Winkle Investments Co. 10021 Ormond Road Houston, TX 77002 408 St. Peter St., Suite 440 Potomac, MD 20854 St. Paul, MN 55102 Matthew and George Kellner Dennis Chookaszian Bruce V. Michelson 570 Dover Drive c/o CNA Insurance 56 Fair Oaks Walnut Creek, CA 94596 CNAPlaza, 40 South St. Louis, MO 63124 Chicago, IL 60685 Richard G. Benter Robert N. Rivers Tamara & James Hunting Mason and Brenda Simpson c/o Richard G. Benter 2720 Darby S.E. 25 Saddlebach Road 21 Morgan Grand Rapids, MI 49506 Tequesta, FL 33469 Irvine, CA 91718 Manutca Knight Phyllis M. Coors Patty K. Landers Alan A. Storey Panorama Estates P.O. Box 4680 100 Poloke Place Route 5, Box 763 Aspen, CO 81612 Honolulu, Hawaii 96822 Golden, CO 80401 Paige Vitousek Arden Moore Joel and Elaine Gershman Michael and Gail Craig 100 Poloke Place 250 S. 18th Street 6519 Seaside Walk Honolulu, Hawaii 96822 Philadelphia, PA 19103 Long Beach, CA 90808 Ajae Limited Partnership Williamand Carolyn King Suite 202 Annette and Gerald Krans 405 Buckingham Road 1910 N. Grant Street P.O. Box 1592 Pittsburgh, PA LittleRock, AK 72207 Aspen, CO 81611 PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS Ej F, G, H AND I, BLOCK 105, XNOWN AS TXE KRAUT PROPERTY, FROM OFFICE ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 10, 1992 at a meeting to begin at 5:00 pm befcre the Aspen City Council, District Courtroom, Pitkin County Courthouse, 506 East Main Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen, located at the southwest corner of East Hyman and Original Street, from Office to Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable Housing Zone permits residential affordable housing, free market housing, hone occupations and accessory buildings and uses. see section 24-5- 206.2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen%Pitkin Planning office, 130 S. Galena St., Aspen, CO 920-5090. s/John Bennett. Mayor Aspen City Council Y- CA- 70 Y IL 7,3 0 1 /4 1, Post-W4 brand fax transmittalmemo 7671 F of pages ► From Co, Co. Dept. Ph -one 4 Fax ;-C) Fax w PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS E, F, G, H AND I, BLOCK 105, KNOWN AS THE KRAUT PROPERTY, FROM OFFICE ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 10, 1992 at a meeting to begin at 5:00 pm befcre the Aspen City Council, District Courtroom, Pitkin County Courthouse, 506 vast Main Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen, located at the southwest corner of East Hyman and Original Street, from Office =-o Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable "rousing Zone permits residential affordable housing, free market housing, home occupations and accessory buildings and uses. See Section 24-5- 206.2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/,74hn Bennett. Mayor Aspen City Council LAW OFFICES KRABACHER, MLL d: FO WAXOS PROFESSIONAL CORPORATION JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET ASPEN, C01,0RAD0 81611 B.JOSEPH KRABACHER THOMAS C. HILL JOSEPH E. EDWARDS, III OF COUNSEL JOSEPH E. EDWARDS, JR. July 28, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: TELEPHONE (303) 925-6300 (303)925-7116 TELECOPIER (303) 925-1181 At the public hearing on July 27, 1992, the City Council continued the public hearing to allow the City Council to receive more evidence in the record to assist it in its ultimate decision on this rezoning application. I would appreciate it if you would provide me with each of the following. 1. A copy of each document you intend to offer into the record at the continued public hearing. 2. A list of all witnesses you intend to have testify at the continued public hearing. 3. A copy of all notices previously sent and proof of posting in accordance with the requirements of § 6-205E, Aspen Land Use Regulations. 4. A copy of any public notices which are sent in the future in accordance with the Land Use Regulations. 5. A complete and accurate copy of the rezoning application for the Kraut property certified by you as custodian of that application that it is complete and accurate. Please send me a bill for the costs of copying the above documents. • • Leslie Lamont July 28, 1992 Page 2 Please contact me if you have any questions. Sincerely, 3BACER, HILL & EDWARDS, P.C. E. Edwards, III JEE cath cc 700 East Hyman Avenue Homeowners Edward M. Caswall seven\1trs\1amont.11 • LAW OFFICES • KRAl3ACIIER, IIILL & '1"i0NVA14.0S PROFESSIONAL CORPORATION JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET AJPh.N, COLORADO 816LI B.JOSEPH KRABACHER THOMAS C. HILL JOSEPH E. EDWARDS, III OF COUNSEL JOSEPH E. EDWARDS, JR. July 28, 1992 Edward M. Caswall City Attorney 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning/Public Notice Dear Jed: TELEPHONE (303) 925-6300 (303) 925-7116 TELECOPIER (303) 925-1181 As you know, our office represents the 700 East Hyman Avenue Condominium Association and the owners of the individual units within that condominium. Our clients are opposed to the proposed rezoning of the Kraut property from office" to 'affordable housing." I am informed the City failed to comply with the requirements of S 6-205 E, Aspen Land Use Regulations, concerning public notice for last night's public hearing on the Kraut property rezoning. As you know, last night's public hearing was continued to the next regularly scheduled City Council hearing to allow the City Council to hear additional evidence. Since the next scheduled meeting is a "continuation" of the meeting last night, the notice for the next meeting is likewise insufficient. I understand that you :could argue that, because I appeared (thanks to a courtesy telephone call from Leslie Lamont) and represented our clients in last night's hearing, I waived the right to object to the adequacy of the public notice. However, I think if you carefully read Zavala v. City and County of Denver, 759 P.2d 664, 668 (Colo. 1988), you will agree that both appearance at the public hearing and the failure to object to the inadequacy or lack of notice combined constitute a waiver of the due -process argument. In addition to the two members of the public who objected to the lack of notice (Micky Spaulding and W.R. Walton), you noted the notice problem in your comments. Further, by this letter, my clients object to the failure properly to provide public notice of the hearing which began last night and is continued to the next regular City Council meeting. I would appreciate it if you would include this letter in the record of the continued public hearing. Edward M. Caswall July 28, 1992 Page 2 Please contact me if you have any questions. Sincerely, , HILL & EDWARDS, P.C. L:7cath E. Edwards, III cc 700 East Hyman Avenue Homeowners Leslie Lamont/ seven\ltrs\caswa11.01 MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direct#--) FROM: Leslie Lamont, Planning DATE: June 22, 1991 RE: Kraut Property Rezoning - Continuation of Second Reading Ordinance 39, Series of 1992 Staff recommends continuing Second Reading of Ordinance 39 to July 27, 1992. Ordinance 39 recommends approval of rezoning the Kraut parcel from Office to Affordable Housing. Staff is recommending continuation in order for the rezoning to track with the proposed text amendments for the Affordable Housing Zone District. 0 • (�-LZ MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager l"L iji, THRU: Diane Moore, City Planning Director FROM: Leslie Lamont, Planner DATE: May 26, 1992 RE: Kraut Property Map Amendment Office to Affordable Housing First Reading Ordinance 3 1 Series 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The City and County, as represented by the Housing Authority, propose to rezone the Kraut Property from Office (0) to Affordable Housing (AH). This is first reading of Ordinance Series of 1992, please see Ordinance exhibit "A". Subsequent to rezoning, the applicant will submit a development plan containing all the pertinent reviews for the development of this parcel for review by the Commission and Council. The Planning and Zoning Commission reviewed this application at their March 17 meeting and recommend to Council approval of the rezoning from Office (0) to Affordable Housing (AH). This memo reviews the rezoning of the parcel to Affordable Housing. However, instead of a rezoning with respect to a 100% affordable residential development as was originally proposed, staff has suggested consideration of a mixed -use proposal comprised of commercial, residential and below -grade parking land uses. The proposed text amendments, which would allow a free market commerical element in addition to a parking garage within the Affordable Housing Zone District, is still being reviewed by the Commission. It is anticipated that Council will have first reading on the text amendments at the end of May. PREVIOUS COUNCIL ACTION: In January of 1991, the City of Aspen and Pitkin County purchased the Kraut Property and directed the Housing Authority to submit an application for the rezoning and subsequent development review. APPLICANT: City of Aspen as represented by the Aspen/Pitkin County Housing Authority LOCATION: Southwest corner of East Hyman and Original Street Block 105, Lots E, F, G, H, & I, Block 105, Aspen Colorado ZONING: O, Office BACKGROUND - The City of Aspen, Pitkin County and the Housing Authority have together pursued a comprehensive plan to address the community's housing problems. The housing plan is threefold: it seeks to preserve the existing affordable housing stock, requires developers to mitigate a "fair share" of their affordable housing impacts and produces new affordable housing to reduce/eliminate the current affordable housing shortfall. As part of this comprehensive approach, the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH). The AH zone enables the rezoning of land for the purposes of affordable housing. The purchase, subsequent rezoning and development of the Kraut property is a step toward the provision of affordable housing within close proximity to employment opportunities and neighborhood services for those citizens in need of housing. In addition to the site being selected for housing, the 1987 Transportation Element of the Aspen Area Comprehensive Plan identified this site as one of three centrally located underground parking garages (the Rio Grande parcel and Wagner Park were the other two sites). The report identifies this site as a likely candidate because the site takes advantage of existing traffic patterns of Main/Original and Highway 82. This location could help reduce the traffic circulation around the pedestrian mall, Rubey Park and Durant Avenue. It's proximity to the commercial core and the gondola make it ideal for both a winter and summer intercept lot. The 1992 Draft Aspen Area Community Plan identifies the Kraut parcel as a site for higher density housing, below grade parking and local serving commercial space. At worksessions with the Commission and Council, a mixed -use concept was discussed. Although both Boards wanted to continue consideration of a mixed -use development, they did not want to delay rezoning the parcel to AH. Thus, this rezoning has initiated the amendment process for the AH Zone District. The amendment proposes commercial uses in the AH Zone District for those parcels that are currently located in the Commerical and Office Zone Districts. Planning and Housing staff meet with interested neighbors on March 5, 1992 to discuss the rezoning and subsequent development of the parcel. Please see Attachment "B" for a summary of the neighborhood meeting and citizen letters. CURRENT ISSUES A. Site Description - The Kraut property is located near the base of Aspen Mountain. The site is two blocks east of the downtown commercial core area, and two blocks south of Main Street at the 2 • intersection of East Hyman Avenue and Original Street. The 15,000 square foot lot is vacant and is currently being used as a commerical parking lot. There are no natural hazards associated with the site and it is relatively flat. There are no significant vegetation on the parcel and several inches of gravel exist on top of the natural soil conditions. The parcel is currently zoned Office. The areas north and west of the parcel are also zoned Office. Across Spring Street, to the west, the Commercial-1 Zone District begins. The parcels immediately south of the Kraut property are zoned Lodge Preservation and Commercial Lodge and across Cooper Street is the Neighborhood Commerical Zone District. The residential neighborhood to the east of the parcel, across Original, is zoned Residential/Multi-Family. The property is bounded by several existing structures. West of the parcel is a two-story A -frame and the three-story Hannah - Dustin office building on the corner of Hyman and Spring streets. The Buckhorn Lodge, a two and one-half story structure, is across the alley along the site's southern boundary. To the southwest is the two-story Bell Mountain Lodge. Across Hyman Avenue, to the north, is the Coates, Reid and Waldron office building which is approximately 30 feet high. West of the office building are the 700 East Hyman Townhomes that consist of three duplexes for a total of six dwelling units. To the east, across Original, are single and multi -family residences. The parcel is accessible by paved public streets, East Hyman Avenue and Original Street, and by a dirt alley between Hyman and Cooper Avenues. The public streets have curb and gutter. There are no paved sidewalks, only gravel paths. Utility lines are proximate and contained underground within the public rights -of -way. Please refer to Attachment "C" for pertinent maps of the site and surrounding neighborhood. B. Project Summary - Many opportunities exist for development of this site. The neighborhood is a mixed -use neighborhood containing a variety of land uses, intensities of development, and architectural styles. Minimal site preparation is involved. No natural hazards, critical wildlife habitat or vegetation exist on the site. All public services are in place with the capacity to serve the site. The site is within the Central Area of downtown as identified in the 1973 Aspen Area Comprehensive Plan and is within one block of several bus routes. A very preliminary site plan indicates that between 24 to 30 studio and one -bedroom affordable, deed -restricted (preferably rental) dwelling units could be developed on the parcel with necessary parking. This preliminary proposal does not include other uses on the site. 3 It is estimated that an 89 car parking garage could be developed below grade providing parking for the building and additional public parking. Ideally, a full use of the site could include below grade parking, first floor commercial space, and second and third floor residential units. If commercial space is developed on the site then the number of residential units will decrease to approximately 20-25 units. However, review of this application only pertains to the rezoning of the parcel and not a development proposal. The Land Use Code does not require the submission of a development plan at the time of rezoning. Please refer to Attachment "D" for a review of the dimensional requirements applicable in the AH zone and how those would be applied for a 24-30 unit development. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. These dimensional requirements pertain to a 100% residential proposal and does not consider the proposed text amendments to the Affordable Housing Zone District. If the amendments to the AH Zone District are adopted some dimensional requirements may change regarding those developments that are within the commerical or office zones. Those changes will be reflected in the development proposal for this parcel. C. Applicable Review - Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing and Resident Occupied units ... The AH Zone District is intended for residential use primarily by permanent residents of the Community... Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents... Lands in the AH Zone District should be located within walking distance of the center of the City, or on transit routes." The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan and the methodology for assessing the production need for new housing is currently being revised. Once adopted, the Production Plan will enable the Housing Authority to determine the income categories and type of housing units that are needed. 4 Currently the parcel is zoned Office. The Office Zone District does enable the development of 100% affordable housing however the height limit in the district is 25 feet while the AH Zone allows an increase in maximum height to 30 feet by Special Review. In addition, the Office Zone District does not enable development of commerical and office space exempt from the Growth Management System. The proposed text amendment to the AH Zone District would allow a free market commercial element to be developed exempt from Growth Management competition. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The various elements of the Aspen Area Comprehensive Plan list several goals that are relevant to this rezoning. As described in the application those goals are: to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; and to encourage land uses, businesses, and events which serve both the local community and tourist base. As was mentioned earlier in this memo, the 1987 Transportation Element identified this site for below grade parking. Additionally, the 1992 Draft Community Plan suggests parking, housing and commercial space for this site. The rezoning of this parcel for affordable housing and possibly locally oriented commercial development is an appropriate approach to dispersed housing development within close proximity of jobs, community activities and neighborhood services. Development of the Kraut property will provide a year-round resident population within the City's core. Initial site planning proposes a development that is compatible with the surrounding neighborhood in terms of intensity of land use, site design, massing, scale, and architectural character. A mixed -use nature of the proposal will also be compatible with the surrounding mixed land uses and will provide a transition between the commercial core and the residential multi -family neighborhood across Original Street. The use of tax dollars to develop the site is a collective resolution to an important community issue. As the application states, "New tax provisions were enacted by the City's electorate, creating tax revenues of over $2 million per year for the next ten years dedicated to affordable housing. County voters approved up to $6 million in bonding authorization for affordable housing." (The County participated in the purchase of this property.) C. Whether the proposed amendment is compatible with 5 0 surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The neighborhood encompasses a variety of zone districts and land uses - locally oriented commercial, office, and single and multi -family residences. The intensity of land uses varies from the busy Coates, Reid and Waldron office building adjacent to residential duplexes, to the Bell Mountain and Buckhorn Lodges both representing different levels of use. Please refer to the maps, attachment C, as a visual reference of the surrounding neighborhood and the A. Site Description section of this memo. d. The effect of the proposed amendment on traffic generation and road safety. Response: According to the application, a 24-30 unit development should generate approximately 73-150 vehicle trips/day. However, due to the in -town location and proximity to bus routes it is estimated that the number of vehicle trips on a daily basis will be reduced. According to the Engineering Department, the roads are adequate to handle this number of vehicle trips. Parking for affordable housing is established by Special Review pursuant to Section 5-301 (B), one space per unit has been considered the minimum number of spaces to be provided on -site for a 100% residential development. One of the primary concerns of the neighbors is the congested nature of the Original and Hyman Street intersection. Service/delivery vehicles constantly block the street and this end of town is a popular parking area for day skiers. The neighbors fear that the elimination of the parking lot combined with increased development at this corner will exacerbate the congestion and parking problems. A conceptual layout of a parking garage shows approximately 89 spaces may be possible on this parcel. The provision of a parking garage would mitigate the parking demands for the land uses on site and create additional parking to help alleviate the problematic parking situation that occurs in the neighborhood. When queried about a below grade parking garage on site, the neighbors expressed support and desire for a solution to a growing parking problem. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: Based upon the Housing Guidelines, the development could house approximately 53 residents in a 30 unit project. There are existing utilities on the site or proximate to the site which have 0 the capacity to service the development. The original proposal included on -site parking for the dwelling units. A mixed -use development would reduce the number of residential units on site to approximately 23-25. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The site is flat with no significant vegetation. Development will not adversely impact the natural environment. Landscaping and appropriate site treatments for drainage, runoff etc. will be addressed during subdivision. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Affordable resident housing has historically been interspersed throughout Aspen's neighborhoods. The Commercial Core and the East End are comprised of various housing types including housing for working residents. The proposal, for multi -family housing, is compatible with the character of the immediate neighborhood. The rezoning is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of the town and provide housing for working residents. A mixed -use proposal would be consistent with direction given from the Sub -Committees working on the 1992 Aspen Area Community Plan. The committees have identified this parcel for housing, parking and commerical space. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The neighborhood surrounding the Kraut property has changed significantly. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The East End, traditionally home for working residents, has greatly shifted to a neighborhood of second homes. For example, the duplexes in the 700 block of East Hopkins Street (Pitkin Row) replaced approximately 4 miners cottages that were estimated to have housed 3-4 residents each. The Cooper Avenue Greystones replaced 1 miners cottage and an alley shed that housed 5 residents total. Another example is the approved redevelopment of the Valley Hi apartments on East Hopkins which will replace 19 dwelling units with 4 deed restricted affordable units and 4 free market units. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing 7 Production Plan approaches the problem from several facets: preservation, production and replacement. The AH Zone District is one avenue available for the public and private sectors to address the community's housing problems. This rezoning is proposed as an attempt to develop new affordable housing integrated into the community. Additionally, if a commercial component were to be considered, commercial space that is locally oriented and meeting the service needs of the surrounding neighborhood should be encouraged to help reverse the trend of losing these types of services in the community. As an example, the duplexes in the 700 block of East Hyman replaced a local health food store, resident unit and the "christmas tree lot". i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate the provision of affordable local housing for the community. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezoning of Lots E, F, G, H, & I, Block 105 of the Aspen Townsite (Kraut property) amending the Official Zone District map from Office to Affordable Housing. ALTERNATIVES: 1. Table the rezoning until Council has the ability to review the proposed text amendments for the Affordable Housing Zone District. 2. Table the rezoning until a site specific development plan accompanies the rezoning application. 3. Maintain existing Office zoning. The Office Zone District allows 100% affordable housing as a permitted use. The only dimensional difference between the Office and Affordable Housing Zone District that would affect a 100% housing project is that the height may be increased from 25' to 30' by Special Review in the AH Zone District. Parking requirements for all affordable housing is set by special review pursuant to Article 7, Division 4. However, if a multi -use development were proposed in the Office zone district, the commercial element would not be exempt from Growth Management. The proposed amendments to the AH Zone District legislation would allow a free market commercial element, incorporated with affordable housing, exempt from the Growth Management System. El • • PROPOSED MOTION: "I move to approve the rezoning of Lots E, F, G, H, & I, Block 105, City of Aspen from Office to Affordable Housing." "I move to read Ordinance , Series of 1992, on first reading. CITY MANAGER'S COMMENTS: ATTACHMENTS: A. Ordinance Series of 1992 B. March 5 Neighborhood Summary and Citizens Letters C. Maps D. Tables E. Referral Comments 0j • • LAW OFFICES KRABACHER, HILL & EDWARDS PROFESSIONAL CORPORATION JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET ASPEN, COLORADO 81611 B.JOSEPH KRABACHER THOMAS C. HILL JOSEPH E. EDWARDS, III OF COUNSEL JOSEPH E. EDWARDS, JR. May 27, 1992 Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: TELEPHONE (303) 925-6300 (303) 925-7116 TELECOPIER (303) 925-1181 I would appreciate it if you would send me a copy of the proposed amendments to the AH zone district. Also, I would appreciate receiving advance notice of all future hearings and meetings concerning rezoning of the Kraut property and amendment to the AH zone district. Sincerely, ACHER, HILL & EDWARDS, P.C. _ l( eph . Edwards, III i th seven\1trs\1amont.10 #9 COAIFS REID &LVALDRON Rend ?'state • Zentlls 'I ina -- May 26, 1992 Mr. John Bennett Mayor City of Aspen 130 South Galena Aspen, Colorado air�;1 Dear John, I am writing you a letter to express my concerns about the proposed employee housing and commercial development on the land known as the Kraut property on Hyman Ave. As a neighbor and manager of the 700 Hyman ' comple:; and the Aspen Athletic Club Building I am concerned, and I represent a lot of people who are concerned about having this projeC—, ,.._ izay 'ccation. I am primarily concerned that. the Housing Authority and the City will push this project through the system of approval without addressing all the issues which they would normally address with a private developer. I have appeared before the planning staff and the planning and zoning committee with concerns about parking, traffic, density and the scope of this project, and have left those meetings with a feeling that the project was going to be pushed through quickly, no matter what the concerns because it satisfies an employee housing construction plan, the no car needed concept, the need for cheaper commercial space, and because it satisfies the need for the City to get this property into a productive mode as soon as possible. I would hope that the City Council will look closely at the questions that have been presented tonight and in the past, and make sure that the needs presented and this piece of property really match up, and that by building 23-30 employee housing units, 5,500 square feet of commercial space, and one to two levels of parking on a 15,000 square foot parcel in the heart of downtown you are not creating bigger_ problems than you are solving. Please know that as a neighbor we are concerned about this project being pushed into this neighborhood so fast and I would ask you to ask yourselves the following questions: 1. Does the proposed employee housing and commercial project fit on this 15,000 square foot piece of land, and if so, what will it do to the neighborhood? Aspen Cff ice • 7/20 fast Hvman. �soen. Cc!oraoo 81611 • �303) 925-1400 • FAX (303) 920-3765 3nowmass Office • 01jite ''I". �nowrrass Canter. Box 6450 • Snowmass Village, Colorado 816` • Q03) 923-4700 • FAX (303) 923-4198 Page Two Mr. John Bennett Mav 26, =992 2. Whal will have tD be done to fit the vehicle needs of the tenants and the commercial property? I don't believe you can build a project for 23-30 units and expect that there will be no cars for the 50-90 employees living there. 'f ;u t__:ve a . employee based commercial space what type of -Cen,.ts will you have, and will they be able to buy and sell their product effectively competing with Carls, the Miners Building, :'aspen Drug, let alone Wal-Mart? 4. How will ingress/egress be handled for the commercial development? Is the cost to mitigate all these things worth the rroject? 5. is `_ie cost wor -h it 5. Are there other berter options for this property? 7. Could a private developer build 23-30 rental apartments on this property without City assistance? 8. Are you moving too fast? Is more study needed? Please don't close your ears to the questions that the neighbors of this property have been bringing up. We live with the traffic and the parking problems every day, and no matter how you feel about the Nimby :3yndrt)me we are concerned because we work and live here, and we don't feel the questions that we have raised have been addressed. Please make sure before you approve this project that the A through H criteria has honestly been addressed. Yours -in rely, 0111 Michael L. Spalding President CC. Augie Reno Frank Peters Rachel Richards Margo Pendelton LAW OFFICES 0 KRABACHER, HILL & EDW /�RDS PROFESSIONAL CORPORATION l% j� JEROME PROFESSIONAL BUILD V 201 NORTH MILL STREET ASPEN, COLORADO 8161,1// 8. JOSEPH KRABACHER THOMAS C. HILL C% JOSEPH E. EDWARDS, III �. l / OF COUNSEL ®��O^ / JOSEPH E. EDWARDS, JR. ��� TA_ May 6, 1992 e Leslie Lamont Aspen\Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: MAY - a TELEPHONE (303) 925-6300 (303) 925-7116 TELECOPIER (303) 925-1181 Our office represents the 700 East Hyman Avenue Condominium Association which is located across the street from the Kraut property. I was informed there is scheduled on May 11, 1992, a City Council hearing to consider first reading of an ordinance to rezone the Kraut property from the Office zone district to the Affordable Housing zone district. By motion approved by a vote of six to one, the Planning and Zoning Commission recommended approval of the rezoning. Sections 7-1105A and 7-1106, Aspen Land Use Regulations, require Planning & Zoning Commission approval be by resolution, not by motion. While the headings of these sections relate to suspension of building permits and notation on the official zone district map, the headings are not controlling; and the required procedure is for the Planning & Zoning Commission to recommend disapproval, approval or approval with conditions by a resolution. Tiis is consistent. with the general characterization of a rezoning as a very important matter affecting use and rights to private property. Further, the purpose of a rezoning should not be "to relieve particular hardships or confer special privileges." Section 7-1101, Aspen Land Use Regulations. On behalf of our clients, I object to the improper procedure followed and request the application be sent back to the Planning & Zoning Commission for reconsideration and action by a resolution instead of by a motion. This is particularly important since, at the hearing on the text amendment for the changes to the AH zone district immediately after the public hearing for the rezoning on the Kraut property, both Jasmin and Sara stated on the record that, if they had properly understood that parking garages were not allowed in the AH zone district as it is currently defined, they would have voted against recommending approval of the rezoning of the Kraut property. Also, it is apparent to us, the City is going out of its way to "confer special privileges" on itself with this rezoning and simultaneous amendment of the AH zone district. Please submit this letter into the record of the City Council hearing on this matter. Sincerely, KRABACHER, HILL & EDWARDS P.C. t J t Edwards, III J cc 700 East Hyman Avenue Condominium Association seven\1trs\1amont.08 C' COY-"( MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Kraut Property Map Amendment - Office to Affordable Housing DATE: March 17, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning and Zoning Commission, at their December 17, 1991 meeting, reviewed an application for the rezoning of the Kraut parcel, Lots E, F, G, and I, Block 105, City of Aspen from Office (0) Zone District to Affordable Housing (AH) Zone District. The application was submitted by the Aspen/Pitkin County Housing Authority on behalf of the City of Aspen and Pitkin County. The Planning and Zoning Commission tabled rezoning review pending a worksession with interested neighbors and the City Council. At a February 4, 1992 worksession between the Commission and Council, and at a February 10, 1992 worksession with Council, staff was directed to pursue the rezoning of the parcel to Affordable Housing and initiate a text amendment for the Affordable Housing Zone district. Planning and Housing staff meet with interested neighbors on March 5, 1992 to discuss their concerns regarding the rezoning and subsequent development of the parcel. Please see Attachment A for a summary of the neighborhood meeting. This memo reviews the rezoning of the parcel to Affordable Housing. However, instead of a rezoning with respect to a 100% affordable residential development as was originally proposed, staff is suggesting consideration of a mixed -use proposal comprised of commercial, residential and below -grade parking land uses. The text amendment is reviewed in a separate cover memo. The proposed amendment allows a free market commerical element in addition to a parking garage within the Affordable Housing Zone District. Staff recommends approval of the map amendment for the Kraut property from Office Zone District to Affordable Housing Zone District. APPLICANT: City of Aspen as represented by the Aspen/Pitkin County Housing Authority LOCATION: Southwest corner of East Hyman Avenue and South Original Street, Block 105, Lots E, F, G, H, & I. ZONING: O, Office APPLICANT'S REQUEST: To amend the Official Zone District map from Office to Affordable Housing for Lots E, F, G, H & I, Block 105, City of Aspen. REFERRAL COMMENTS: Please see attached referral comments which pertain to the original application, attachment C. STAFF COMMENTS: A. Background - The City of Aspen, Pitkin County and the Housing Authority have together pursued a comprehensive plan to address the community's housing problems. The housing plan is threefold it: seeks to preserve the existing affordable housing stock, requires developers to mitigate a "fair share" of their affordable housing impacts and produces new affordable housing to reduce/eliminate the current affordable housing shortfall. As part of this comprehensive approach, the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH). The AH zone enables the rezoning of land for the purposes of affordable housing. The purchase subsequent rezoning and development of the Kraut property is a step toward the provision of affordable housing within close proximity to employment opportunities and neighborhood services for those citizens in need of housing. In addition to the site being selected for housing, the 1987 Transportation Element of the Aspen Area Comprehensive Plan identified this site as one of three centrally located underground parking garages. The Rio Grande parcel and Wagner Park were identified as the other two sites. The report identifies this site as a likely candidate because the site takes advantage of existing traffic patterns of Main/Original and Highway 82. This location could help reduce the traffic circulation around the pedestrian mall, Rubey Park and Durant Avenue. It's proximity to the commercial core and the gondola make it ideal for both a winter and summer intercept lot. The 1992 Draft Aspen Area Community Plan identifies the Kraut parcel as a site for higher density housing, below grade parking and local serving commercial space. At worksessions with the Commission and Council, a mixed -use concept was discussed. Although both Boards wanted to continue consideration of a mixed -use development they did not want to delay rezoning the parcel to AH. Thus, this rezoning has initiated an amendment to the AH Zone District creating the ability for a mixed- 2 use development in the AH Zone District for those parcels that are currently located in the Commerical and Office Zone Districts. B. site Description - The Kraut property is located near the base of Aspen Mountain. The site is two blocks east of the downtown commercial core area, and two blocks south of Main Street at the intersection of East Hyman Avenue and Original Street. The 15,000 square foot lot is vacant and is currently being used as a commerical parking lot. There are no natural hazards associated with the site and it is relatively flat. There are no significant vegetation on the parcel and several inches of gravel exist on top of the natural soil conditions. The parcel is currently zoned Office. The areas north and west of the parcel are also zoned Office. Across Spring Street, to the west, the Commercial-1 Zone District begins. The parcels immediately south of the Kraut property are zoned Lodge Preservation and Commercial Lodge and across Cooper Street is the Neighborhood Commerical Zone District. The residential neighborhood to the east of the parcel, across Original, is zoned Residential/Multi-Family. The property is bounded by several existing structures. West of the parcel is a two-story A -frame and the three-story Hannah - Dustin office building on the corner of Hyman and Spring streets. The Buckhorn Lodge, a two and one-half story structure, is across the alley along the site's southern boundary. To the southwest is the two-story Bell Mountain Lodge. Across Hyman Avenue, to the north, is the Coates, Reid and Waldron office building which is approximately 30 feet high. West of the office building are the 700 East Hyman Townhomes that consist of three duplexes for a total of six dwelling units. To the east, across Original, are single and multi -family residences. The parcel is accessible by paved public streets, East Hyman Avenue and Original Street, and by a dirt alley between Hyman and Cooper Avenues. The public streets have curb and gutter. There are no paved sidewalks, only gravel paths. Utility lines are proximate and contained underground within the public rights -of -way. C. Project summary - Many opportunities exist for development of this site. The neighborhood is a mixed -use neighborhood containing a variety of land uses, intensities of development, and architectural styles. Minimal site preparation is involved. No natural hazards, critical wildlife habitat or vegetation exist on the site. All public services are in place with the capacity to serve the site. The site is within the Central Area of downtown as identified in the 1973 Aspen Area Comprehensive Plan and is within one block of several bus routes. A very preliminary site plan indicates that between 24 to 30 studio 3 and one -bedroom affordable, deed -restricted (preferably rental) dwelling units could be developed on the parcel with necessary parking. This preliminary proposal does not include other uses on the site. It is estimated that an 89 car parking garage could be developed below grade providing parking for the building and additional public parking. Ideally, a full use of the site could include below grade parking, first floor commercial space, and second and third floor residential units. If commercial space is developed on the site then the number of residential units will decrease to approximately 20-25 units. However, review of this application only pertains to the rezoning of the parcel and not a development proposal. The Land Use Code does not require the submission of a development plan at the time of rezoning. The following tables from the application detail the dimensional requirements applicable in the AH zone and how those would be applied for a 24-30 unit development. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. These dimensional requirements pertain to a 100 % residential proposal and does not consider the proposed text amendments to the Affordable Housing Zone District. If the amendments to the AH Zone District are adopted some dimensional requirements may change regarding those developments that are within the commerical or office zones. Those changes will be reflected in the development proposal for this parcel. Please continue to the next page for the dimensional tables. 4 TABLE 4.1 DIMENSIONAL REQUIREMENTS AH Zone Maximum criterion Requirements Proposal Minimum front yard 10, 10, Minimum rear yard 10' 10' Minimum side yard 5' S' Minimum distance between bldgs. 5' Maximum height 25' 301(by spec. review) 30' Minimum lot size 3,000 s.f. 15,000 s.f. Minimum lot area/unit Studio 300 s.f. 10 units = per unit 31000 s.f. One bedroom 400 s.f. 10 units = per unit 4,000 s.f. Two bedroom 800 s.f. 10 units = 8,000 s.f. Minimum lot area total 15,000 s.f. Maximum F.A.R. 1.1:1 Maximum Floor Area 16,500 s.f. (15,000 s.f. lot) Minimum open space (%) Special Review Open space Special Review Off-street parking Special Review 24-30 spaces (1 space/unit) 5 • • TABLE 4.2 DEVELOPMENT DATA Number Unit Type Unit Size Category 1 4-5 Studio 350-400s.f. 4-5 One Bedroom 450-500 s.f. 4-5 Two Bedrooms 700-750s.f. Category 2 4-5 Studio 450-500 s.f. 4-5 One Bedroom 550-600 s.f. 4-5 Two Bedrooms 750-800 s.f. 24-30 Total Units Total Net Livable: 13,000-17,750 s.f. NOTE: The figures above are "Net Livable," not "gross" square footages. If a maximum development program at 30 units is pursued, garden level units will be necessary for the project to stay within the maximum F.A.R. permitted under the AH zone. 6 D. Applicable Review - Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing and Resident Occupied units ... The AH Zone District is intended for residential use primarily by permanent residents of the Community... Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents... Lands in the AH Zone District should be located within walking distance of the center of the City, or on transit routes." The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan and the methodology for assessing the production need for new housing is currently being revised. Once adopted, the Production Plan will enable the Housing Authority to determine the income categories and type of housing units that are needed. Currently the parcel is zoned Office. The Office Zone District does enable the development of 100% affordable housing however the height limit in the district is 25 feet while the AH Zone allows an increase in maximum height to 30 feet by Special Review. In addition, the Office Zone District does not enable development of commerical and office space exempt from the Growth Management System. The proposed text amendment to the AH Zone District would allow a free market commercial element to be developed exempt from Growth Management competition. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The various elements of the Aspen Area Comprehensive Plan list several goals that are relevant to this rezoning. As described in the application those goals are: to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; and to encourage land uses, businesses, and events which serve both the local community and tourist base. 7 As was mentioned earlier in this memo, the 1987 Transportation Element identified this site for below grade parking. Additionally, the 1992 Draft Community Plan suggests parking, housing and commercial space for this site. The rezoning of this parcel for affordable housing and possibly locally oriented commercial development is an appropriate approach to dispersed housing development within close proximity of jobs, community activities and neighborhood services. Development of the Kraut property will provide a year-round resident population within the City's core. Initial site planning proposes a development that is compatible with the surrounding neighborhood in terms of intensity of land use, site design, massing, scale, and architectural character. A mixed -use nature of the proposal will also be compatible with the surrounding mixed land uses and will provide a transition between the commercial core and the residential multi -family neighborhood across Original Street. The use of tax dollars to develop the site is a collective resolution to an important community issue. As the application states, "New tax provisions were enacted by the City's electorate, creating tax revenues of over $2 million per year for the next ten years dedicated to affordable housing. County voters approved up to $6 million in bonding authorization for affordable housing." (The County participated in the purchase of this property.) C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The neighborhood encompasses a variety of zone districts and land uses - locally oriented commercial, office, and single and multi -family residences. The intensity of land uses varies from the busy Coates, Reid and Waldron office building adjacent to residential duplexes, to the Bell Mountain and Buckhorn Lodges both representing different levels of use. Please refer to the maps, attachment D, as a visual reference of the surrounding neighborhood and the B. Site Description section of this memo. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: According to the application, a 24-30 unit development should generate approximately 73-150 vehicle trips/day. However, due to the in -town location and proximity to bus routes it is estimated that the number of vehicle trips on a daily basis will be reduced. According to the Engineering Department, the roads are adequate to handle this number of vehicle trips. Parking for affordable housing is established by Special Review pursuant to Section 5-301 (B), one space per unit has been considered the minimum number of spaces to be provided on -site for a 100% residential development. 8 One of the primary concerns of the neighbors is the congested nature of the Original and Hyman intersection. Service/delivery vehicles constantly block the street while this end of town is a popular parking area for day skiers. The neighbors fear that the elimination of the parking lot combined with increased development at this corner will exacerbate the congestion and parking problems. A conceptual layout of a parking garage shows approximately 89 spaces may be possible on this parcel. The provision of a parking garage would mitigate the parking demands for the land uses on site and create additional parking to help alleviate the problematic parking situation that occurs in the neighborhood. When queried about a below grade parking garage on site the neighbors expressed support and desire for a solution to a growing parking problem. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: Based upon the Housing Guidelines, the development should house approximately 53 residents in a 30 unit project. There are existing utilities on the site or proximate to the site which have the capacity to service the development. The original proposal included on -site parking for the dwelling units. A mixed - use development would reduce the number of residential units on site to approximately 23-25. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The site is flat with no significant vegetation. Development will not adversely impact the natural environment. Landscaping and appropriate site treatments for drainage, runoff etc. will be addressed during subdivision. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Affordable resident housing has historically been interspersed throughout Aspen's neighborhoods. The Commercial Core and the East End are comprised of various housing types including housing for working residents. The proposal, for multi -family housing, is compatible with the character of the immediate neighborhood. The rezoning is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of the town and provide housing for working residents. 9 • • A mixed -use proposal would be consistent with direction given from the Sub -Committees working on the 1992 Aspen Area Community Plan. The committees have identified this parcel for housing, parking and commerical space. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The neighborhood surrounding the Kraut property has changed significantly. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The East End, traditionally home for working residents, has greatly shifted to a neighborhood of second homes. For example, the duplexes in the 700 block of East Hopkins Street (Pitkin Row) replaced approximately 4 miners cottages that were estimated to have housed 3-4 residents each. The Cooper Avenue Greystones replaced 1 miners cottage and an alley shed that housed 5 residents total. Another example is the approved redevelopment of the Valley Hi apartments on East Hopkins which will replace 19 dwelling units with 4 deed restricted affordable units and 4 free market units. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing Production Plan approaches the problem from several facets: preservation, production and replacement. The AH Zone District is one avenue available for the public and private sectors to address the community's housing problems. This rezoning is proposed as an attempt to develop new affordable housing integrated into the community. Additionally, if a commercial component were to be considered, commercial space that is locally oriented and meeting the service needs of the surrounding neighborhood should be encouraged to help reverse the trend of losing these types of services in the community. As an example, the duplexes in the 700 block of East Hyman replaced a local health food store, resident unit and the "christmas tree lot". i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate the provision of affordable local housing for the community. 10 RECOMMENDATION: Staff recommends approval of the rezoning of Lots E, F, G, H, & I, Block 105 of the Aspen Townsite (Kraut property) amending the Official Zone District map from Office to Affordable Housing. ATTACHMENTS: A. March 5 Neighborhood Summary B. Resident Letter C. Referral Comments D. Maps pz.kraut2.rzg 11 • El MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Kraut Property Map Amendment - Office to Affordable Housing DATE: December 17, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Housing Authority representing the City of Aspen proposes to rezone the Kraut property from Office (0) to Affordable Housing (AH). Subsequent to rezoning, the applicant will submit a development plan containing all the pertinent reviews for the development of this parcel. Attached for your review is the full application submitted by the applicant. Staff recommends approval of the map amendment for the Kraut property from Office to Affordable Housing. APPLICANT: City of Aspen as represented by the Aspen/Pitkin County Housing Authority LOCATION: Southwest corner of East Hyman Avenue and South Original Street, Block 105, Lots E, F, G, H, & I. ZONING: O, Office APPLICANT'S REQUEST: To amend the Official Zone District map. REFERRAL COMMENTS: Having reviewed the above application and having made a site visit, the Engineering Department has the following comments: 1. There are 72 to 150 vehicles trips/day that the applicant states could be generated by this development plus the 700 trips/day for Hyman Avenue and 4,700 trips/day for Original Street which was given in the Aspen Area Comprehensive Plan: Transportation Element. These volumes can be adequately accommodated by the 50 foot widths of the these streets. 2. The applicant indicates that this development will generate a resident population of approximately 53 persons and that current public facilities are capable of accommodating the service demands of the project and its residents. Although the Engineering Department utility maps show that this location is served by all utilities, the applicant still needs to furnish confirmation that the existing water and sewer systems have sufficient capacity to accommodate this project. 3. The applicant needs to agree to join a special improvement district if one is ever formed. 4. The applicant needs to get an excavation permit from the Streets Department and approval of design from the Engineering Department for any work done in the public right-of-way. STAFF COMMENTS: A. Background - The City of Aspen, Pitkin County and the Housing Authority have together pursued a comprehensive plan to address the community's housing problems. The housing plan is threefold it: seeks to preserve the existing affordable housing stock, requires developers to mitigate a "fair share" of their affordable housing impacts and produces new affordable housing to reduce/eliminate the current affordable housing shortfall. As part of this comprehensive approach the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH). The AH zone enables the rezoning of land for the purposes of affordable housing. Taking advantage of the Affordable Housing zone district, the purchase and subsequent development of the Kraut property is a step toward the provision of affordable housing, within close proximity to employment opportunities and neighborhood services, for those citizens in need of housing. B. Site Description - The Kraut property is located near the base of Aspen Mountain. The site is two blocks east of the downtown commercial core area, and two blocks south of Main Street at the intersection of East Hyman Avenue and Original Street. The 15,000 square foot lot is vacant and is currently being used as a commerical parking lot. There are no natural hazards associated with the site, it is relatively flat. There is no significant vegetation on the parcel and several inches of gravel exist on top of the natural soil conditions. The parcel is zoned Office. The areas north and west of the parcel are also zoned Office. Across Spring Street, to the west, the Commercial-1 zone district begins. The parcels immediately south of the Kraut property are zoned Lodge Preservation and Commercial Lodge. Across Original, to the east, is Residential/Multi-Family. The property is bounded by several existing structures. West of the parcel is a two-story A -frame and the three-story Hannah - Dustin office building on the corner of Hyman and Spring streets. The Buckhorn Lodge, a two and one-half story structure, is across the alley along the site's southern boundary. To the southwest is the two-story Bell Mountain Lodge. Across Hyman Avenue, to the north, is the Aspen Athletic Club office building. West of the two -plus story Athletic Club are the 700 Hyman Townhomes that 2 consists of three duplexes containing six units total. To the east, across Original, are single and multi -family residences. The parcel is accessible by paved public streets, East Hyman Avenue and Original Street, and by a dirt alley between Hyman and Cooper Avenues. The public streets have curb and gutter. There are no paved sidewalks, only gravel paths. Utility lines are proximate and contained underground within the public street rights -of -way and/or alleyway. C. Project Summary - Many opportunities exist for development of this site. The neighborhood is a mixed -use neighborhood containing a variety of land uses, intensities of development, and architectural styles. Minimal site preparation is involved. No natural hazards, critical wildlife habitat or vegetation exist on the site. All public services are in place with the capacity to serve the site. The site is within the Central Area of downtown as identified in the 1973 Aspen Area Comprehensive Plan and is within one block bus routes. A very preliminary site plan indicates that between 24 to 30 affordable, deed -restricted residences could be developed on the parcel. The potential development plan may consist of studio and one -bedroom rental units. It is the goal of the development plan "to achieve a livable, human -scale residential development consistent with the Commercial Core and East End neighborhoods." The following tables, from the application, detail the dimensional requirements applicable in the AH zone and how those would be applied for a 24-30 unit development. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. 3 • a The Commission reviewed the rezoning at a worksession November 19, 1991. At that worksession the Commission discussed the mixed -use development potential of this parcel. This parcel has been identified in previous transportation studies as an intercept lot and possible inclusion of neighborhood commercial space has also been considered. The Commission was concerned that rezoning to AH would preclude additional uses on the site and rezoning without a bigger picture may be premature. City Council discussed the Kraut property rezoning at a November 25, 1991 meeting. The Council also expressed a desire for a more creative planning approach for this property. Council was interested in a mixed -use concept but was reluctant to slow the rezoning process. Council agreed to postpone the RFP process for the selection of a development team but directed staff to continue with the rezoning process with the intent of soliciting ideas from the Commission regarding a mixed -use approach. Council suggested changes to the AH zone district legislation which would eventually apply to the rezoned Kraut property. However Council wants a resolution in a timely manner soon as staff can create that mechanism. Staff, in response to these worksessions, has developed some initial ideas with which to accomplish this task. A development scenario that could be envisioned is a three story building with the top two floors residential units, the first floor is local commercial space, with a 1-2 level, below grade, parking garage. The following is a summary of ideas for your discussion: 1. Rezone property to AH, amend the AH zone district to allow a % of commercial square footage. Perhaps the commercial parameters would be consistent with underlying commerical zoning or surrounding zoning. (Development within the Ah zone district is exempt from GMQS.) 2. Rezone property to AH and add a Specially Planned Area overlay. An SPA will enable a mixed -use development with the underlying zoning as a guide (it may be necessary to use the original underlying zoning such..as office for commercial and/or parking garage improvements).-VHowever, SPA will not exempt commercial square footage from GMQS but a parking garage may be considered an essential public facility and could be exempted. 3. Rezone property to AH, amend AH zone district to allow a % of commercial space with permitted and conditional uses similar to the Neighborhood Commercial zone district permitted and conditional uses. However it may be necessary to modify those uses to ensure that the intended commercial uses are locally oriented by nature. 4. Rezone property to AH, amend AH zone district to allow a % of commerical space that is also deed restricted in price and or local 11 e orientation and perhaps identify the permitted and conditional similar to the neighborhood commercial zone district. 5. Rezone property to AH, amend AH zoned district to allow a public parking garage. Staff suggests that the Planing and Zoning Commission review the rezoning of this property from Office to Affordable Housing. Staff also recommends that the Commission direct staff to pursue zoning legislation, based upon the above ideas or additional suggestions, that would encourage and/or promote a mixed use development on this site. D. Applicable Review - Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing and Resident Occupied units ... The AH Zone District is intended for residential use primarily by permanent residents of the Community... Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents... lands in the AH Zone District should be located within walking distance of the center of the City, or on transit routes." The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan substantiates the need to produce an additional 800 units by 1995 if growth within the area continues at its present rate. In an effort to obtain that goal the public sector was identified as the responsible party to produce 463 of those 800 units (Affordable Housing Production Program 1990, Table 6). b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The various elements of the Aspen Area Comprehensive Plan list several goals that are relevant to this rezoning. As described in the application those goals are: to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; to create a creative non -auto oriented rA LA M public, mass transportation system which integrates pedestrian and bike trails system with community facilities and services; and to encourage land uses, businesses, and events which serve both the local community and tourist base. The rezoning of this parcel for affordable housing and possibly locally oriented commercial development is an appropriate approach to dispersed housing development that is within close proximity of jobs, community activities and neighborhood services. Development of the Kraut property will provide a year-round resident population within the City's core. The initial site planning proposes a development that is compatible with the surrounding neighborhood in terms of intensity of land use, site design, massing, scale, and architectural character. A mixed -use nature of the proposal will also be compatible with the surrounding mixed land uses and will provide a respectable transition between the commercial core and the residential multi -family neighborhood across Original Street. The use of tax dollars to develop the site is a collective resolution to an important community issue. As the application states, "New tax provisions were enacted by the City's electorate, creating tax revenues of over $2 million per year for the next ten years dedicated to affordable housing. County voters approved up to $6 million in bonding authorization for affordable housing." (The County participated in the purchase of this property.) C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The neighborhood encompasses a variety of zone districts and land uses - locally oriented commercial, office, and residential multi -family. The intensity of land uses also varies, the Aspen Athletic Club office building next to residential duplexes while the Bell Mountain and Buckhorn Lodges represent a different level of use. Please refer to the maps within the application for the content of the surrounding neighborhood and the B. Site Description section of this memo. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: According to the application, a 24-30 unit development should generate approximately 73 to 150 vehicle trips/day. However, due to the in -town location and proximity to bus routes it is estimated that the number of vehicle trips on a daily basis will be reduced. According to the Engineering Department, the roads are adequate to handle this number of vehicle trips. Parking for the AH zone is established by Special Review, one space per unit on -site parking has been considered the minimum number of spaces to be provided on -site. 0 • a e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: Based upon the Housing Guidelines, the development should house approximately 53 residents in a 30 unit project. There are existing utilities on the site or proximate to the site which have the capacity to service the development. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The site is flat with no significant vegetation. Development will not adversely impact the natural environment. Landscaping and appropriate site treatments for drainage, runoff etc. will be addressed during subdivision. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Affordable resident housing has historically been interspersed throughout Aspen's neighborhoods. The Commercial Core and the East End are comprised of various housing types including housing for working residents. The proposal, for multi -family housing, is compatible with the character of the immediate neighborhood. The rezoning is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of the town and provide housing for working residents. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The neighborhood surrounding the Kraut property has changed significantly. The East End, traditionally home for working residents, has greatly shifted to a neighborhood of second homes. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing Production Plan approaches the problem from several facets: preservation, production and replacement. The AH Zone District is one avenue available for the public and private sectors to address the community's housing problems. This rezoning is proposed as an attempt to develop new affordable housing integrated into the community. i I �71 In addition, if a commercial component were to be considered, the commercial space that is locally oriented meeting the service needs of the surrounding neighborhood should be encouraged to help reverse the trend of losing these types of services in the community. i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate the provision of affordable local housing for the community. RECOMMENDATION: Staff recommends approval of the rezoning of Lots E, F, G, H, & I, Block 105 of the Aspen Townsite (Kraut property) amending the Official Zone District map from Office to Affordable Housing. ATTACHMENTS: A. Application pz.kraut.rzg 10 • M PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS E, F, G, H AND I, BLOCK 105, FROM PUBLIC ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 17, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen from Office to Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable Housing Zone permits residential affordable housing, home occupations and accessory buildings and uses. See Section 24-5-206.2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. sliasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on November 14, 1991. City of Aspen Account do MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Work Session - Kraut Property DATE: November 19, 1991 The Housing Authority has submitted a rezoning application for the southwest corner of East Hyman and South Original Street. The Authority seeks to rezone the parcel from Office to Affordable Housing. In the past, AH proposals have been initially reviewed in a work session. This application has been scheduled for rezoning review December 9, 1991. The Housing Authority would like this opportunity to briefly review the Kraut rezoning proposal at this work session prior to you review December 9. The Authority will make a brief presentation of the proposal at the meeting. 0 • MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department DATE: November 15, 1991 RE: Kraut Affordable Housing Project Map Amendment Having reviewed the above application and having made a site visit, the Engineering Department has the following comments: 1. There are 72 to 150 vehicles trips/day that the applicant states could be generated by this development plus the 700 trips/day for Hyman Avenue and 4,700 trips/day for Original Street which was given in the Aspen Area Comprehensive Plan: Transportation Element. These volumes can be adequately accommodated by the 50 foot widths of the these streets. 2. The applicant indicates that this development will generate a resident population of approximately 53 persons and that current public facilities are capable of accommodating the service demands of the project and its residents. Although the Engineering Department utility maps show that this location is served by all utilities, the applicant still needs to furnish confirmation that the existing water and sewer systems have sufficient capacity to accommodate this project. 3. The applicant needs to agree to join a special improvement district if one is ever formed. 4. The applicant needs to get an excavation permit from the Streets Department and approval of design from the Engineering Department for any work done in the public right-of-way. jg/kraut cc: Chuck Roth 0 DEVELOPMENT REVIEW COMMITTEE SUMMARY SHEET Chairperson A n ih ve: REFERRAL COMMENTS SUMMARY: City Engineer: (mpTp fort County Engineer: (memo : yes no ) yes no ) Environmental Health (memo: yes no ) Fire Department: (memo: yes no ) Parks Department: (memo: yes no ) Building Department: (memo: yes no ) Housing Authority: (memo: yes no ) Attorney: (memo: yes no ) Other: General Comments: 0 • *0 MEMORANDUM TO: City Engineer City Attorney FROM: Leslie Lamont, Planning Office RE: Kraut Affordable Housing Project Map Amendment Parcel ID# 2737-182-27-002 DATE: November 4, 1991 Attached for your review and comments is an application from the Aspen/Pitkin County Housing Authority requesting rezoning from Office to Affordable Housing zone district for the Kraut property. Please return your comments to me no later than November 18, 1991. Thanks 00 00 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 November 6, 1991 Dave Tolen Aspen-Pitkin County Housing Authority Re: Kraut Affordable Housing Project Map Amendment Case A60-91 Dear Dave, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, December 3, 1991 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. All applications are now being scheduled for the Development Review Committee. This case is scheduled for November 21st at 3:00 p.m. A memo explaining the DRC is enclosed. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mailing notice to property owners within 300' and to post the subject property with a sign. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan, Office Manager ATTACHMENT A SUMMARY NOTES OF THE MARCH 5, 1992 NEIGHBORHOOD MEETING 1. Staff made a presentation regarding the rezoning and development review process. In addition staff explained the Affordable Housing Zone District concept with a brief history of the purchase of the Kraut Property. 2. Staff explained the rezoning proposal and text amendment being proposed for the March 17, 1992 Commission meeting. 3. Neighbor comments can be divided into 4 broad categories: impacts to the neighborhood, rental vs. sale units, costs/need, and specific uses. a. Impacts: The corner of Hyman and Original is a very busy corner. Service and delivery vehicles constantly double parking in the street and at times blocks the alley. The proximity to the commerical core and the Gondola have made parking a severe problem and may be exacerbated by the elimination of the existing private parking lot on the site. Where will those cars go? It is questionable whether the proposed development of the lot will be able to provide enough parking to eliminate potential impacts in the area. b. Rental vs. Sale Unit: The neighbors believe that rental units will not be as well maintained as owner occupied units. In addition, the concept of transient/rental units presents potential safety issues. C. Costs/Need: The neighbors posed several questions regarding the financial capability to build the housing and/or other uses. How much of the eventual development costs will be further subsidized by the community? Will this development lead to yet higher taxes? Is there enough money in the various housing funds to build the affordable housing? What about money for a parking garage? Regarding the need for more housing the neighbors questioned whether a demand exists for more affordable housing. There are existing units sitting vacant. An employer was not convinced that this new housing will fill his employees needs. d. Specific Land Uses: Staff discussed the concept of a mixed -use development on the parcel. The neighbors seemed to overwhelmingly support a below -grade parking facility (although ability to finance was in doubt). A parking garage with a park on top was also widely supported. Commercial space was discussed as a possible option but only if it was higher end commercial/retail space or offices. A general concern was that parking, residences and commerical space may be too much jammed onto the site with the inability to mitigate the impacts. ATTACHMENT B '73; . /Y ,, � 13 a S. G4 le-n & c f e,,,, . C6 516 i/ MAR 1 21992 �ep r yykS. e : e- he2Jri�rtS OT T�� lau7` Cro/7P �7 kT i�fC CO�nPr J vhr�r/,c(( (Jfc,nded 4h, vnecA,' d� VLLlV1�0� rna,,k S /�2 -e!C .SeUtr4 nl°r Y1L ✓Y,'l� ��[d UO;LPl0 -NI lr CWIc Pr -or r R r�rn ��C QIOd�Cy J Owl UP- Con c P- rn *c �ha r builGl, n� a tJ��li b�c I?eic Sr �� area b } �O✓v'kvAo cj(, (,iJr�l el4,cPl! f r 4t7e- a h/ llbeaPl/1ctPl/ �0 7�P S r lu a eQ s r e �z 6 7` /7 r �saz . T!� 2 r e 4 r e v ct (t y J W h h S i '' P �,PGf /r4 l 't cI f w vl r� e s are �t /O� -/ lt.c a 1rtit, e 4 r/� LA �po�p J� WiTN T�Pth VP�rc�PJ d tT (,f) �j �7 rteY' e- it sr` C I a �rJ e rh 4tie /7 U/P3 � (aCrrl arrLr 7�e bGcillei j c',e' P4rP.r c Qrr n of .r r o U n lI TD7 e r�LC o�S/ r/� J (' J r e', G✓ �� a s'L. � /�? d U�P s r 1 r, •• �'1 p •- 17J c, VC 1 Vl e Tic e 4,4 f k e i, � �e p�a �Pr s�.erfJ UQCQ//�x�t°i Ct'rl� �P('UeA-y �rrlc ..r�oell u hC( 7lle Qh P�PSorG r0r 7�1C� Cr 0� Ale,, e �u�f�s ADSp ahli���taJ/n�. �raIUPUP� llh aCTjrall��e �d` �!x ya�a<jLjr I �j�lOis c 1 s �U a '0 ATTACHMENT C 4P MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department DATE: November 15, 1991 RE: Kraut Affordable Housing Project Map Amendment ---------------------------------------------------- ---------------------------------------------------- Having reviewed the above application and having made a site visit, the Engineering Department has the following comments: 1. There are 72 to 150 vehicles trips/day that the applicant states could be generated by this development plus the 700 trips/day for Hyman Avenue and 4,700 trips/day for Original Street which was given in the Aspen Area comprehensive Plan: Transportation Element. These volumes can be adequately accommodated by the 50 foot widths of the these streets. 2. The applicant indicates that this development will generate a resident population of approximately 53 persons and that current public facilities are capable of accommodating the service demands of the project and its residents. Although the Engineering Department utility maps show that this location is served by all utilities, the applicant still needs to furnish confirmation that the existing water and sewer systems have sufficient capacity to accommodate this project. 3. The applicant needs to agree to join a special improvement district if one is ever formed. 4. The applicant needs to get an excavation permit from the Streets Department and approval of design from the Engineering Department for any work done in the public right-of-way. jg/kraut cc: Chuck Roth C 0 C Q1 4- U 1 O w v •r0 (3 N 0-1 -I I [; N N N D� a ro u ou a .0 O i- N N I N 14 ?I �l ,V •!I -7- N D o a a t u z v v C CD IMURR E J W cu LO n C I O cll N � v � X W I— AMINO ANNAMMA 0 0 x ro 0 ° 0 o o u :) y CL ul ro •.1 .-I p .l i pO, i i o a o � wW b qmq qw w v L w 7 44 ro ul cj) a w o a� a z vo z uo u v 0 v r�... ERNE z W W � .• Mln�l�-�ItJ � ' 9n-ivv �NM44-9144 Q1d1S v4VIW-ilo7) ­7004-PI-Wo-t4j..4 os Q 41 i v— et Go COAIFS REID &WAIDRON Real Estate • Rentals • Property Management January 6, 1992 Ms. Lesley LaMonte City of Aspen Planning Department 130 South Galena Aspen, Colorado 81611 Dear Lesley, JNI 8199� i I have called you by phone and am following up with this letter to express my concerns about the employee housing project planned by the City of Aspen on the Kraut property at the corner of Hyman and Original Streets. Our main office is located at 720 East Hyman, across from the proposed project. Here are my concerns: Inadequate Plans 1. As I understand it, the City wants to rezone the Kraut property without any specific plans backing lip the rezoning request. Isn't it proper for a plan to accompany a rezoning request so adjacent neighbors get an adequate chance to review the impact of the rezoning and project on their property and the neighborhood? Why not draw specific plans so that this project's impact is well thought out and your neighbors can understand the impact? Lack of Notice 2. Nick Coates, the owner of our company is one of the owners of the Aspen Athletic Club Building at 720 East Hyman, across the street from the proposed project, and neither of us has received notice of rezoning requests by the City for this property. Mr. Coates is in and out of town often, therefore I would like to be notified of any future meetings, hearings, etc. c/o Coates, Reid and Waldron at 720 East Hyman. 3. Parking I read about this project in the paper and I am concerned that there has been a lack of adequate planning given to parking and that the City will try to under plan for adequate parking. I am concerned about the number of cars that already park in this area that will be displaced, and that a high density project, like the one proposed, would be very detrimental to the area since it is already jammed with vehicles for workers, skiers, guest check -ins, UPS trucks, Federal Express trucks and other delivery vehicles, as well as patrons of the Aspen Aspen Office • 720 East Hyman, Aspen, Colorado 81611 • (303) 925-1400 • FAX (303) 920-3765 Snowmass Office • Suite 113, Snowmass Center, Box 6450 • Snowmass Village, Colorado 81615 • (303) 923-4700 • FAX (303) 923-4198 ♦ M Page Two Lesley LaMonte January 6, 1992 Athletic Club, etc. I am concerned that you are going to repeat the mistakes that are in great evidence at the Marolt property housing where there is inadequate parking for the number of people who are living at the project. Tenants will park 24 hours a day on the city street, making a bad parking problem worse. Unfair Height Allowance 4. As I understand it, the rezoning would allow an additional five feet over current height restrictions. Why does it make any difference if somebody is trying to look over a City project at a beautiful mountain as opposed to a project built by a private developer? Why should the City get any special allowance? I am opposed to an additional five feet height allowance. 5. Cost As one of Pitkin county's largest employers we have always supported employee housing but I really question whether this site is large enough to accommodate the scope of housing and retail space you want to put there. I also question whether the need is there at this time to justify the cost so I question the viability of this project as a City of Aspen taxpayer. It seems that the City is forcing through an expensive project which will burden taxpayers unduly. I hope you will give me the opportunity to discuss this with you and the other planning staff personally, and that you will give me notice of the meetings so that I can attend to give my input. Yours sincerely, Michael L. Spalding President MLS:dd CC. Todd Southward Joe Krabacher • R O N A. 1_, n c. ' r I7 T M F IN T S March 13, 1992 MAR � r Leslie Lamont Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Kraut Property Rezoning Dear Leslie: I own property and live across the street from the Kraut property at 706 East Hyman. I am very concerned about the proposed density for the Kraut project. I have been told that the project satisfies the floor area requirements for either the office zone (only if developed as 100% affordable housing) or the affordable housing zone. I question whether it is necessary to maximize the buildout of the Kraut site. The proposed Kraut development is approximately triple the density of the homes existing in the neighborhood. The single characteristic which sets Aspen apart as a community is its character as a low -density mining town. ,most sincerely, nal� 6500 Rock Spring Drive 0 Suite 302 0 Bethesda, Maryland 20817 • (301) 493-5800 • FAX (301) 530-1582 Housing Authority hL City of Aspen/Pitkin County 39551 Highway 82 Aspen, Colorado 81 61 1 (303) 920-5050 Fax: (303) 920-5580 17 March, 1992 Ms. Leslie Lamont Aspen/Pitkin County Planning Department 180 south Galena Street Aspen, CO 81611 Re: Affidavit of Public Notice Kraut Affordable Housing Project Map Amendment Dear Ms. Lamont The Aspen/Pitkin County Housing Authority, as applicant for the above referenced matter, hereby certifies that a Notice of Public Hearing was mailed to property owners within a 300 foot radius of the property on February 27. 1992. Sig ; 7eT o 1 e Project Manager SUBSCRIBED, CERTIFIED AND SWORN To me in the Cityof Aspen and Piton County, State of Colorado this � day of 1392, by Dave Tolen My CO' ' ission Expires �a!r: Notary Public so N PUBLIC NOTICE RE: APPLICATION FOR AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING LOTS E, F, G, H AND I, BLOCK 105, KNOWN AS THE KRAUT PROPERTY, FROM OFFICE ZONE DISTRICT TO AFFORDABLE HOUSING ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 17, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted -by the Aspen/Pitkin County Housing Authority requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The applicant proposes to amend the zone district for Lots E, F, G, H, and I, Block 105, City and Townsite of Aspen, located at the southwest corner of East Hyman and Original Street, from Office to Affordable Housing in order to develop a multi- family affordable housing complex. The Affordable Housing Zone permits residential affordable housing, home occupations and accessory buildings and uses. See Section 24-5-206.2 of the Aspen Municipal Code. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on February 26, 1992. City of Aspen Account ti� 4P M c MEMORANDUM TO: Aspen Planning and zoning Commission FROM: Leslie Lamont, Planning DATE: February 4, 1992 RE: Kraut Property Worksession INTRODUCTION: At the December 17, 1992 meeting the Commission tabled the rezoning (from Office to Affordable Housing) application for this parcel pending a worksession with staff and Council members to review the rezoning/development alternatives for this site. The 1987 Transportation Element of the Aspen Area Comprehensive Plan identified this block as one of three primary sites for an off-street parking facility. The other two were the Rio Grande site and Wagner Park. The report identifies this site as a likely candidate because the site takes advantage of existing traffic patterns of Main/Original and Highway 82 and could :help to reduce traffic circulation around the pedestrian mall, Rubey Park and especially Durant Avenue. The site is located next to neighborhood commercial centers, could serve as a summer intercept lot for traffic from the east and of the sites surveyed, is closest to the Gondola. The 1992 Draft Aspen Area Community Plan also identifies the Kraut parcel for higher density housing, a below grade parking structure consistent with the 1987 Transportation Plan, and rezoning to Neighborhood Commercial to expand the NC zone district. For this worksession, staff has prepared an outline of the alternatives that may be considered for this site. Dave Tolan of the Housing Authority is also preparing an analysis of the site. The purpose of his review is to approximate the number of housing units that may be accommodated within a mixed use development. Dave will present his findings at the worksession. The development alternatives consider a project that consists of affordable housing, parking and commerical elements on the property. A scenario that could be envisioned is a three story building with second and third floor housing, first floor local commercial space, and a below grade parking garage. Although this memo considers a parking garage, no developer has approached the City or been selected to construct a garage or commercial net leasable space on this parcel. This worksession is intended to guide the staff, City Council and Housing Authority toward a mixed use project that will potentially be put out to bid for ultimate development. DEVELOPMENT SCENARIOS: o . 1. Rezone property to AH and amend the AH zone district to allow a % of commercial space with permitted and conditional uses similar to the Neighborhood Commercial zone district (but to include a parking garage). However, modification of those uses is necessary to ensure that the intended commercial uses are locally oriented by nature. The primary development incentive in the AH zone district is the ability of the private sector to build free market housing without going through a Growth Management Competition. An amendment to the AH zone district to allow a commercial element could consider a similar arrangement: free market commercial development, without GMP, combined with an affordable housing element. Dimensional requirements for commercial space could be consistent with original underlying commercial zoning. Pros: AH zone district has already set up the language in the Land Use Code that exempts free market development from GMQS; free market commercial, without GMQS, would subsidize the affordable housing element; allows a mixed use development with more flexibility than other zone districts. Cons: Unless zoning policy were to shift and neighborhood commerical nodes were to be encouraged throughout the community, a mixed AH zone of commercial and housing may only be appropriate in commercial/office zone districts; deriving the effective mix of commercial space vs. affordable units would be very difficult (the current 70%/30% mix in the AH zone took quite awhile to develop); specific to the Kraut property - adjacent landowners were critical toward any rezoning of the land. i 2. Maintain existing Office zoning. Om �) 0 Pros: Office zoning allows 100% affordable housing at the same density as the AH zone; a commercial parking lot is a conditional C� use in the Office zone; no open space is required in the Office zone; adjacent property owners have suggested retaining the Office zoning. Cons: The Office zone does not allow commercial/retail uses unless in a historic landmark; the Office zone does not allow the parking flexibility that the AH zone allows (may not be an issue if a parking garage is considered). (� 3. Rezone property to AH and add a Specially Planned Area (SPA) a � overlay. The purpose of the SPA overlay is to establish a procedure by which multiple uses can be planned and redeveloped for the greatest public benefit. The underlying zone district serves as the guide for development of the land. 2 Pros: An SPA will enable a mixed -use development with the underlying zoning as a guide; SPA provides land use and design flexibility; a parking garage may be considered an essential public facility and exempt from GMQS (which is an option in all these alternatives); SPA may be an effective procedure for the redevelopment of the entire block. Cons: SPA will not exempt commercial square footage from GMQS; SPA is less precise regarding land uses, dimensional requirements etc. than the AH zone and may cause additional problems with the adjacent landowners. Maintain Office zone with an SPA overlay. Pros: Retaining the office zone may eliminate one of the complaints from adjacent neighbors regarding rezoning to AH; a parking garage is a conditional use in the office zone; the considerations in number 3 apply to this scenario also. Cons: Developing commercial/retail space would not be exempt from GMQS in the Office zone; the considerations in number 3 apply to this scenario also. 5. Rezone property to AH, amend AH zone district to allow a public t parking garage. Pros: A parking garage may be deemed an essential public service exempt from GMQS. Cons: This scenario does not include commercial/retail space; maintaining the office zoning accomplishes the same goal and eliminates some of the complaints from the neighbors. RECOMMENDATION: Staff recommends that the Commission discuss the goals and vision of this parcel given the past reviews of the parcel. Staff also recommends that the Commission consider the above alternatives and guide staff toward an appropriate land use proposal for the Kraut property and perhaps pursue amendments to the AH zone district. 3