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HomeMy WebLinkAboutcoa.lu.rz.Nicholson 119 W Hyman.43-80 No.q-� go CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: STAFF: SMY q V&AA 2. APPLICANT: X111 f�G,'�►�Sen g GJy� .J 3. REPRESENTATIVE: 4. PROJECT NAME: l $h U 5. LOCATION: 6. TYPE OF APPLICATION: _j­Rezoning Subdivision Stream Margin P.U.D. Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus Other 7. REFERRALS: Attorney Sanitation District School District Engineering Dept. Fire Marshal Rocky Mtn. Nat. Gas Housing Parks State Highway Dept. Water Holy Cross Electric Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: 3 G t F C 1 (71-1 S ( Scri.0 of AI! ZDIi1� 1!CI; ) A111,1'111DING 'Lill, ZONITNC, DISTJ PIC'�.' NPP OF T111-, CP-1'1 OF ASPEN, '01101ZA1)O; SEC. 24- 1117 2. 2 C111J7GING T111E, Z ONil,j": OF J,Orl':-; C., D,. A14D 11; 1/2 OF E • B>LOCK G1 , C1111y 1\j4i) J or 1� P SUBDIVIISI"..),"r 11RG),m J,\Pllf, To T:/jmlv WHER, -S the Aspen City Council has bean presented with a recoritniienda Lon from th(� Planning and 20111ing Col',1]-,1isL;io1i to al,lend Section 24-2 of the Municipal Codc , arld WHEREAS, -le City Council wishes to d(),rL3t tll(-' El�-wle for the bone-fit of the ty of Aspel 11, OF 11 NOW, THIEREFO BE IT �ORDAINED BY Thh, CITY COUNC CITY OF ASPEN, COL ADO. Section 1 L Section 24-2. 2 _ling Disti. Ict Map) is lv_�reby aitionde(I by changing the zoning ie following described area fro;,,i R/'1-1F to R/H R11) Lots C and -,st 1/2 of Lot L , Block 61 Inde-Pell lice Su' iviSion City ar Townsit of Aspep , Pitkin ounty, C ratio subject to the llowing co, itions, 1. The ovision of e lit on-site parking spaces , the arr gejjent of whicr is to he approved by the Engineer- in .. Departiaent, . ction of an approximately 2 T1 e 1 provision and e rest;ci yft�- sq. ft. , one-bed r o T,, income employee unit I or a period of fifty ( (J) years, said restriction to be xecuted prior to the is uance of a buildiny peri,,iit; 3. Deed restrict ion,'6f the 0 sq. ft. employee unit to I six--iuonth fnillimum rentals ursuant to Section 24- ipa - l Code. 3. 7(o ) ( 1 ) of the Aspen Mull 4. compliance with all applica le area and bulk require- ments of the RIMF zone dist ct, I G S r`:/C'1.1 IN.. C, if Iy 1 1 J-1 C, or -he a J-)L)I i C a o I I the ceo 1- n or is he- A) to any per I cl I i- sluch J11-validity shall not of pct other proviS.Ii-On'.1, 01* -)1ication of the or(]AXICIIICC which call be g en Offoct without-. - invalid provision or �Ippli- cation, and to tn s end the prov ' -01's of this ordinance are declared to be seve able. Section- 3 That a public hea' ng: held on this ordir–tilce on the day of 1980, at 5 : 00 P.M. in the City Council Cham) e aspen City Hall , Aspen , Colorado , 15 days prior to which 11 i ng Lice of the sarlie, shall be publ ished once in a newspaper general irculation within the city of Aspen. INTRODUCED, AD AND OIRDERLDI as provided by law by the City Council f the City of Asp' . Colorado , at its regular meeting held the City of Aspen on 1980. Herman Edel Mayor ATTEST. Kathryn S. Koch City Clerk FINALLY adopted, passed and approved on the day of 1980. Herman Ldel — Mayor ATTEST. Kathryn S. Koch City Clerk 2 MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Nicholson Residential Bonus and Special Review, Public Hearing DATE: September 9, 1980 APPROVED AS TO FORM FOR CITY COUNCIL: ��� lug Background Pursuant to Section 24-10.7 of the Munic al Code, the applicantsare requesting rezoning of a parcel of property located at 117-119 West Hyman as a Residential Bonus Overlay District so as to allow construction of an additional one bedroom employee housing unit in the garden level of an existing duplex located on the property. The employee housing unit is exempt from Growth Management subject to the approval of City Council upon the recommendation of the Planning and Zoning Commission. As the applicants' letter indicates, the duplex at 117-119 West Hyman was constructed during the winter of 1979-80 by Ed Baker. The units are completely finished and are fully landscaped. Each unit totals approximately 2,300 square feet and contains three bedrooms in a two-story configuration. The garden level of Mr. Baker's unit, 117 West Hyman, also contains an approved one bedroom employee housing unit totaling approximately 700 square feet. Mr. Nicholson, the owner of 119 West Hyman, wishes to construct an identical employee housing unit in the garden level of his own unit. The applicants' site totals approximately 7,500 square feet and is zoned R/MF, Residential/Multi-Family. Our Code requires the following minimum lot area for sites of 9,000 square feet or less: Studio - 1,000 square feet; 1•bedroom - 1,200 square feet; 2-bedroom - 2,000 square feet; and 3-bedroom - 3,000 square feet. Based on the proposed buildout, the applicants would need a minimum buil- ding site of 8,400 square feet (two 3-bedroom units at 3,000 square feet- and two 1-bedroom units at 1 ,200 square feet). However, by rezoning to R/MF, Resi- dential Bonus Overlay, the applicants may take advantage of a substantial reduc- tion in the minimum lot area requirements, thus enabling the construction of the additional employee housing unit. If 50 percent of the units located on the property are deed restricted within the City's low, moderate and middle income guidelines, the minimum lot area requirements for sites zoned R/MF are reduced by one-half. The proposed buildout would therefore require a minimum building site of 4,200 square feet (two 3-bedroom units at 1 ,500 square feet and two 1- bedroom units at 600 square feet) , well below the available lot area of approxi- mately 7,500 square feet. Approval of requests for increased density pursuant to Section 24-10.7 is discre- tionary and examined on a case-by-case basis. Sites or areas may be included within a Residential Bonus Overlay District provided the P&Z shall recommend and the City Council shall find that the proposed development is appropriate for the neighborhood considering architectural design, bulk and density. In addition, applications are preferred which best achieve the greatest number of the following purposes. 1 . Compliance with PUD objectives; 2. Compliance with the City's adopted housing plan; 3. Maximization of construction qualtiy and unit size; 4. Geographical disbursal of deed restricted units; 5. Minimization of adverse environmental and .social impact; 6. Compatibility with surrounding land uses and zoning; 7. Proximity to transportation, and 8. Adequacy and availability of utilities. Nicholson Residential Bc s and Special Review, Public Hr ing 2 September 9, 1980 The Planning Office has reviewed the applicants' request and finds the proposed addition consistent with both the objectives and review criteria of Section 24-10. Completion of the undeveloped basement, while increasing site density, will not increase the bulk of the existing duplex or site coverage. The proposed addi- tional employee unit is also consistent with the City's adopted housing plan and policy of geographical disbursal of deed restricted units. The proposed employee unit exceeds the minimum size requirement. Adequate utilities are available, and the duplex is located on a city bus route. In summary, the proposal is compatible with surrounding land uses and zoning and no adverse environmental or social impacts are anticipated. The Engineering Department and Housing Director have also reviewed the applicants' request and have commented as follows: 1 . The applicants' site plan should be revised and resubmitted to include a satisfactory eight space parking arrangement. Approval of the applicants' request for rezoning should be conditional upon the provi- sions of these spaces. 2. The proposed employee unit should be deed restricted for a period of 50 years as a moderate income unit. Recommendation: Based on the above comments, the Planning Office recommends that P&Z move to recommend to City Council that the applicants' request for rezoning to R/MF, Residential Bonus Overlay be approved subject to the following: 1. The provision of eight onsite parking spaces, the arrangement of which is to be approved by the Engineering Department; 2. The provision and deed restriction of an approximately 700 sq. ft. , 1-bedroon, moderate income employee unit for a period of fifty years, said restriction to be executed prior to issuance of a building permit. 3. Compliance with all applicable area and bulk requirements of the R/MF zone district. The Planning Office further recommends that P&Z move to recommend to City Council that the proposed employee housing unit be exempted from Growth Management pursuant to Section 24-11.2(h) of the Municipal Code. A public hearing was held before the Planning and Zoning Commission on September 16, 1980, at which time the Commission moved to recommend to Council that the applicant's request for rezoning to R/MF, Residential Bonus Overlay, be approved subject to the conditions outlined above and to further recommend to Council that the proposed employee housing unit be exempted from Growth Manage- ment pursuant to Section 24-11.2(h) of the Municipal Code. Council Action Should you concur with the Planning and Zoning Commission recommendation, a motion to read Ordinance # , Series of 1980, and a subsequent motion to adopt Ordinance # will be required. An fit, S !' )C'✓� BUX AW7 0,9 GutZ l6ex -Vol 9 I� # O G�� _.G�iJ �G'�L� L��+�.c•iC� oq o e) CITY OF ASPEN 130 south galena street aspen , colorado 81611 MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Planning Office DATE: September 4 , 1980 RE: Nicholson Density Bonus Overlay Rezoning Request Having reviewed the above application for rezoning and mad` a site inspection, the Engineering Department has the following comments : 1 . The application to rezone must meet the requirements of section 24-11. 5 regarding requests for rezoning by a private owner. 2. Owner/applicant shall provide a site plan satisfying the requirements of section 24-4 . 5 for one parking space per bedroom or eight spaces. 3 . The property would seem to be well suited under the provisions of section 24-10. 9 or ordinance 16 for Density Bonus Zoning since the structure is new and meets the required bulk and density for the Zone. Additionally, the property is close to the downtown area bus system and is well supplied with adequate utilities . The Engineering Department recommends approval of the Nicholson rezoning request provided the applicant complies with comments 1 and 2 above. dbI Ln 2 / CI R I f E ; f -TI 5 ?Jor 6, f-;ili Street Aspen, Colorado 81611 (303) 925-1900 PUBLIC NOTICE RE: Nicholson Rezoning - Density Bonus Overlay NOTICE IS HEREBY GIVEN that there will be a public hearing before the Aspen Planning and Zoning Commission on Tuesday, September 16, 1980, at a meeting to begin at 5:00 P.M. in City Council Chambers, City Hall , 130 S. Galena, Aspen, to consider an application submitted by Mr. William Nicholson for property located at 117-119 W. Hyman for rezoning to Density Bonus Overlay for the purpose of constructing a project made up of 500 restricted employee housing. For further information, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 226. ASPEN PLANNING AND ZONING COMMISSION by Olof Hedstrom, Chairman published in the Aspen Times on August 28, 1980 City of Aspen account, TO: Planning Office FROM: Jim Reents DATE: September 3, 1.9,111.) SUBJECT: Nicholson Density Bonus Overlay This site is appropriate for the density bonus overlay and the application has the full support of the housing office. I would recommend the employee unit be restricted as a moderate income unit for both rental and sale unless the owner can demonstrate through construction cost estimates a justification for the middle income category. JR:(is SAMPLE OF FORMAT TO COUNCIL TO: City Council FROM: Name and Title DATE: SUBJECT: Agenda Item Title Approved As to form for -- City Council City Manager Background Include a statement of the issue focusing on who, what , where, when and why. Include a description of the legal aspects of the issue, if any. Alternative Summarize the actions which Council may take. Include a descrip- tion of any legal aspects of the problem. Recommendation Briefly present your recommendation and the reason for it. Council Action i If a motion is required, write the text of the motion. If an ordinance or resolution accompanies, the proper motion is : 1. "I move to read Ordinance (Resolution) Number series of 198©. " - then - 2. "I move to adopt Ordinance (Resolution) Number series - of 1980 on first reading.-" WC:ds MEMORANDUM TO: Jim Reents, Housing Director Dan McArthur, Engineering Department Ron Stock, City Attorney FROM: Kathleen McCormick, Planning Office RE: Nicholson Density Bonus Overlay Rezoning DATE: August 21, 1980 Due to the proximity and similarity of the Nicholson application to the Snare Employee Housing special review application, the two have mistakenly been combined into one application. Please check your copy of the Snare submission carefully, and anything relating to the Nicholson application (clues: any mention of the Nicholson name, etc. ) should be separated immediately. In regard to the Nicholson Density Bonus Overlay Rezoning application, pertinent materials are attached. It is scheduled to come before the Aspen Planning and Zoning Commission on September 16, 1980. Please get your com- ments to Sunny Vann no later than September 4, 1980. �n MEMORANDUM TO: Jim Reents, Housing Director Dan McArthur, Engineering Department Ron Stock, City Attorney f FROM: Kathleen McCormick, Planning Office RE: Nicholson Density Bonus Overlay Rezoning DATE: August 21, 1980 Due to the proximity and similarity of the Nicholson application to the Snare Employee Housing special review application, the two have mistakenly been combined into one application. Please check your copy of the Snare submission carefully, and anything relating to the Nicholson application (clues: any mention of the Nicholson name, etc. ) should be separated -immediately. In regard to the Nicholson Density Bonus Overlay Rezoning application, pertinent materials are attached. It is scheduled to come before the Aspen Planning and Toning Commission on September 16, 1980. Please get your com- ments to Sunny Vann no later than September 4, 1980. 7 WILL F. NICHOLSON, JR. Box 5168 Denver, Colorado 80217 August 11 , 1980 Mr. Olaf Hedstrom Chairman Planning and Zoning Commission City of Aspen .Aspen City Hall 130 South Galena Aspen, Colorado 81611 Dear Mr. Hedstrom: In accordance with my conference this morning with Mr. Sunny Vann, this is to formally request rezoning of the property at 117-119 West Hyman, so as to secure a Residential Bonus, and, also, to request a special review and approval of that property in order to construct a one bedroom unit in the garden level under 119 West Hyman. By way of background, the duplex at 117-119 West Hyman was constructed over the Winter of 1979-80 by Edwin W. Baker, Jr. The units are completely finished and are fully landscaped. Copies of the plan for the duplex units , including a site plan, elevation and floor plates, are on file with the Building Department; if you need additional copies, please let me know. As shown on the drawings, the units are constructed on a zone lot containing 7,500 square feet. The units are: a) 117 is a two floor, three bedroom, three bath unit containing approximately 2,300 square feet (1 ,000 on each of the upper levels and 300 square feet of storage in the garden level ) ; b) The garden level of 117 has been approved as an employee unit and is numbered 1172 West Hyman. It is a one bedroom, one bath unit containing approximately 700 square feet; c) 119 is an identical mirror image of 117. It contains three bedrooms, three baths, and approximately 2,300 square feet (1 ,000 on each of the upper levels and 300 square feet of storage in the garden level ); d) The garden level of 119 is a mirror image of 117. It is currently unfinished and contains approximately 700 square feet. - The ultimate object of this letter application is to secure approval to finish the garden level of unit 119 into a one bedroom employee rental housing unit. If approved, this unit would comply with Resolution 3, Series 1980 adopted January 14, 1980 by the City Council of Aspen. Mr. Olaf Hedstrom Page Two Planning and Zoning Commission City of Aspen As requested, four copies of the proposed floor plan for .the unit are enclosed. As indicated: above,not included in the unit, but shown on the drawing, is storage room #102, which is included as part of 119 West Hyman. Inasmuch as the ground under that unit is condominiumized, all owners of the ground under 117 and 119 West Hyman have signed this letter; namely, Edwin W. Baker, Jr. as owner of 117 and 1172 and Will F. Nicholson, Jr. and Shirley B. Nicholson as owners of 119 West Hyman, together with the unfinished ground level under it. If you need any further information, please write Will E. :Ncholson, Jr. at the above address or call him at his office, which is (303) 629-1968. Sincerely, .Will F. icholson, Jr. Shi B Nicholson Owners of 119 West Hyman, together with unfinished garden level Edwin W. B' er, Jr. Owner of 117 and 1172 West Hyman WFN/grm Enclosures ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen,Colorado 81611 LAND USE APPLICATION FEES County Subdivision/PUD 00100 — 63711 09009 —00000 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City Application 00100 — 63721 09009 — 00000 Conceptual Preliminary Application 63722 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES Count Land Use Sales 00100 — 63061 09009 —00000 Y GMP Sales 63062 63063 Almanac Sales Copy Fees Other Name: x.. , Project: Phone: Address: Date: Check No. Receipt No. P