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HomeMy WebLinkAboutagenda.apz.19991130AGENDA ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING TUESDAY, NOVEMBER 30,1999, 4:30 PM COUNCIL CHAMBERS I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES (11/02/99) III. DECLARATION OF CONFLICTS OF INTEREST ZJA&Iwl 4Lr flao M IV. PUBLIC HEARING 4:30- 5:oo A. (PUB) Zone District & Definitions, cont'd from 11/2, Nick Lelack <.0j07-b -M Ili / ho 5:00- 5:30 B. Yellow Brick Rezoning to (PUB) Zone District, cont'd from 11/2, Nick Lelack C.DAJrD .7.a //i? /00 5:30-6:00 C. 1395 Riverside Drive Accessory Dwelling Unit, Nick Lelack p&=A1KD 5 - / 6:00-6:3o D. 518 W. Smuggler Accessory Dwelling Unit, Nick Lelack - eT> 4 -3 V. ADJOURN Times are approximate. We recommend applicants arrive at least %2 hour prior to the scheduled time. t MEMORANDUM TO: City of Aspen Planning and Zoning Commission THRU: Joyce Ohlson, Deputy Director FROM: James Lindt, Planning Technician RE: City of Aspen Accessory Dwelling Unit List The Planning and Zoning Commission had requested that the Community Development Department and the Housing Authority work together to create a complete list of accessory dwelling units within the City of Aspen. A list has been created that we believe is as complete as our resources allow. The methodology that was used in creating this list is as follows: 1. We utilized 1996 survey results from George Krawzoff. Krawzoff had created a list in 1996, but there were uncertainty as to whether some of the structures on the list had been built. The accessory dwelling units that he was not sure were built have been cross referenced with building permit files to determine if there were Certificates of Occupancy issued to these questionable addresses. 2. Our city planning case file database was used to update the list from 1997- 1999. 3. A list of deed restricted Accessory Dwelling Units that were not included in Krawzoff s list were also included in this comprehensive list. We came to the conclusion that we have 92 legal accessory dwelling units in Aspen. The Community Development Department will be continuously updating this list as ADU's are approved within the city. Copies have been provided to the Housing Authority which we have requested be made available to the public. CITY OF ASPEN ACCESSORY DWELLING UNITS ADU Address Owner/Applicant Owner Address" #_ of ADUs Approved Case # Category 1 950 Matchlees Drive Alan Becker P.O. Box 119 Woody Creek 1 A016-96 ADU 2 Lot 44 West Aspen Subdivision Alice Brien P.o Box 11915 Aspen 1 A028-99 ADU 3 1286 Snowbunny Lane Ralph Melville 1290 Snowbunny Lane, Aspen 1 A020-99 ADU 4 Lot 3 Black Birch Estates John Harris 4225 Versailes Ave. Dallas, TX 1 N/A ADU 5 712 W. Francis Gail Hughes 712 W. Francis Aspen 1 N/A ADU 6 270 N. Spring Kristen Rosenburg Box 10637 Aspen 1 A048-98 ADU 7 570 & 580 Riverside Ave. WinWin LLC. 317 Park Ave. Aspen 1 A101-96 ADU 8 934 W. Francis Running Bear LLC. 43995 Hwy 82 Aspen 1 A041-98 ADU 9 123 E. Hyman RK Land and Cattle 420 E. Main ste. 204 Aspen 2 A044-98 ADU 10 627 W. Smuggler Aspen GK LLC. 191 Waukeegan Northfield, IL 2 A061-97 ADU 11 420 W. Francis Barry Halpren 420 W. Francis Aspen 1 A093-97 ADU 12 319/329 Park Ave. Otto Frenzel 11330 Templin Road Zionsvill, IN 1 A019-97 ADU 13 1590 Homestake Dr. Tom Daly 520 W. Hallam St. Aspen 1 A070-99 ADU 14 727 Bay St. Richard Eldon 2430 North Lake Ave. Chicago, IL 1 A045-98 ADU 15 970 Powder Lane Zuhair H. Fayez 777 29th st. ste 202 Boulder, CO 1 A100-98 ADU 16 918 S. Mill St. Paul Marciano 7328 North Ethal Ave. N. Hollywood, CA 1 AO-97 ADU 17 910 Gibson Ave. Carol Lowenstem 910 Gibson Ave. Aspen 1 A043-97 ADU 18 131 Smuggler Mountain Road Randoif Marten 131 Smuggler Mountain Road Aspen 1 A042-97 ADU 19 926 E. Hopkins Ralph Braden 610 E. Hyman Aspen 1 A030-96 -ADU 20 126 Park Ave. Ada Adair 5375 S. Geneva Way Englewood, CO 1 A075-98 ADU 21 204 N. 5th Steve Whipple 121 S. Galena ste. 203 Aspen 1 A012-93 ADU 22 730 W. Smuggler Guy Alicatore Box 11582 Aspen 1 A032-93 ADU 23 1500 Silverking Drive Doug Allen 530 E. Main Aspen 1 A045-90 ADU 24 716 W. Francis Joseph Belina Suite 810 One Galleria Blvd. Metaire, LA 1 A031-91 ADU 25 1420 Red Butte Drive Chuck Bellock 1400 28th St. ste 1 Boulder, CO 1 A070-93 ADU 26 312 Gillespie Ave Bruce Berger 314 W. Gillepie Ave Aspen 1 A046-93 ADU 27 1270 Mountain View Drive Laura Blocker 4506 Watauga Dallas, TX 1 A041-91 ADU 28 973 Queen St. Ralph Braden Box 519 Aspen 1 A049-92 ADU 29 113 E. Hopkins Gary Bucher 522 W. Fall River Road Houston, TX 1 A061-88 ADU 30 1150 Cemetery Lane Ann Caffray 377 Avenida Grenada Long Beach, CA 1 A027-91 ADU 31 205 W. Main Edith Chisholm 205 W. Main Aspen 1 A082-94 ADU 32 7th and Smuggler John Chomous 4301 Seashore Drive Newport Beach, CA 1 A092-89 ADU 33 202 W. Francis Tom Congdon 202 W. Francis Aspen 1 A092-94 ADU 34 521 N. 7th St Mac Cunningham 121 S. Galena St. ste. 201 Aspen 1 A669-92 ADU 35 504 N. Eighth St. Beth Goldsmith -Miller 504 N. Eighth St. Aspen 1 A071-90 ADU 36 303 W. Hopkins 2 Units Linda Eller Box 42298 Houston, TX 1 A051-90 ADU 37 801 E. Hyman John Elmore Box 318 Wrightsville, NC 1 A096-94 ADU 38 222 N. Cleveland Thomas Fellman Box 4754 Aspen, CO 1 A010-95 ADU 39 1465 Red Butte Drive Timothy J. Fortier 1465 Red Butte Drive Aspen, CO 1 A014-93 ADU 40 1265 Mountain View Drive Ernst Frywald 1265 Mountain View Drive Aspen, CO 1 A019-90 ADU 41 855 Gibson Ave. Ralph Whipple 413 Vine St. Aspen,CO 1 A020-93 ADU 42 793/ 795 Cemetery Lane(2 ADU's) Henry Goldsmith 793 Cemetery Lane Aspen, CO 2 A029-89 ADU 43 420 N. Spring St. Ruth Hamilton Brown 420 N. Spring St. Aspen,CO 1 A072-90 ADU 44 1315 Riverside Drive Kay Ellen Hamrick 1315 Riverside Drive Aspen, CO 1 A07-94 ADU 45 916 W. Smuggler Kellner Family Trust 916 W. Smuggler St. Aspen, CO 1 A040-91 ADU 46 939 E. Cooper Jennie Cowling 118 Deer Trail Boulder, CO N/A A091-94 ADU 47 904 E. Cooper (2 Approvals) Turtle Beach Ltd. 4500 PGA Blvd. #400 Palm Beach Gardens, FL 2 A019-92 ADU 48 610 Cemetery Lane Paul MacCaskill 644 S. Figueroa St. Los Angeles, CA 1 A059-94 ADU 49 624 North St. James Markalunas 624 North St. Aspen, CO 1 A076-95 ADU 50 1105 Waters Ave. Juanita Leif Living Trust 1115 Waters Ave. Aspen, CO 1 A06-90 ADU 51 332 W. Smuggler Joseph McCoy 415 E. Hyman Ave, Ste. 306 Aspen, CO 1 A043-93 ADU 52 700 W. Francis Douglas McPherson Box 4412 Aspen, CO 1 A050-92 ADU 53 711 W. Bleaker Graeme Means Box 4956 Aspen, CO 1 A093-89 ADU 54 450 Riverside Ave. A & B Audrey Lee Churchill 1177 California St., 1 • A019-94 ADU 55 Spring & Francis Streets Gary C. Moore Box 9468 Aspen, CO 1 A041-95 ADU 56 200 W. Gillespie (2 Approvals) John Moore Box 1146 Sugarland, TX 2 A01-91 ADU 57 926 W. Smuggler Joel Newman 1400 Diplomat Parkway Hollywood, FI 1 A012-90 ADU 58 101 Dale Ave. Gary Nichols 125 Park Ave. Aspen, CO 1 A053-95 ADU 59 930 King St. 734 Associates 121 S. Galena Aspen, CO 1 A066-94 ADU 60 530 W. Francis John Oxley 1 W. Third, Ste 1300 Williams Tower Tulsa, OK 1 A085-92 ADU 61 1365 Mayflower Court Susan Furr Box 11300 Aspen, CO 1 A024-92 ADU 62 134 E. Bleaker Paul Penn 9505 Copley Drive Indianapolis, IN 1 A029-92 ADU 63 0002 Williams Way Smuggler Hunter Trust 2 Williams Way Aspen, CO 1 A015-94 ADU 64 624 E. Hopkins Phillip Rothblum 617 E. Cooper Aspen, CO 1 N/A ADU 65 215 MidlandAve. Theresa Schiff 201 Midland Ave. Aspen, CO 1 A036-90 ADU 66 1605 Silverking Drive Carl Schiller 1605 Silverking Drive Aspen, CO 1 A02-91 ADU 67 390 N. Spring St. Denice Reich 325 Ash Denver, CO 1 A074-90 ADU 68 101 E. Francis Bonnie Sharbraro 329 Carlile Ave Pueblo, CO 1 A035-93 ADU 69 1460 Sierra Vista Drive John Stauffer 4915 New Providence Ave. Tampa, FL 1 A054-93 ADU 70 533 W. Hallam Emerson LTD. 533 W. Hallam Aspen, CO 1 A049-95 ADU 71 1410 Red Butte Drive Transierra Corp. 525 University, 14th Floor Palo Alto, CA N/A A03-93 ADU 72 735 Castle Creek Subdivision Patricia Trott Box 9075 Aspen, CO 1 A022-94 ADU 73 Sierra Vista Lot 15 Parker Anderson 710 E. Durant, 2nd Floor Aspen, CO 1 A049-91 ADU 74 234 W. Francis Quentin Vidor 234 W. Francis Aspen, CO 1 A025-93 ADU 75 730 Bay St. Richard Volk 2327 Mimosa Houston, TX 1 A024-94 ADU 76 715 Meadows Road Jay Weinberg 111 NE 1st Street, Ste 600 Miami, FL 1 A022-92 ADU 77 825 Roaring Fork Drive Alex Kaufman Box 6221 Edison, NJ 1 A013-92 ADU 78 922 & 924 East Cooper ACBB Properties Box 966 Basalt, CO 2 Perm 7-85 ADU 79 345/355 Park Ave. Colas Investment 9718 1/2 Oak Pass, Beverly Hills, CA 1 Perm 6-48 ADU 80 123 W. Francis Don Erdman 360 Lake Ave. Aspen, CO 1 Perm6-419 ADU 81 700 Sneaky lane Christopher Goldsbury 200 Concorde Plaza San Antonio, TX 1 A083-95 ADU 82 1011 E. Hopkins Dale Hower Box 184 Aspen, CO 1 Perm5-667 ADU 83 1015 E. Hopkins Dale Hower Box 184 Aspen, CO 1 Perm5-668 ADU' 84 1409 Crystal Lake Road Joseph Luter Hiway #10 243 River Oaks Ln. Smithfield, VA 1 N/A ADU 85 425 W. Francis Judy Neisser 114 E. BleekerAspen, CO 1 A020-96 ADU 86 113 Neale Ave. Jeffery Shoaf Box 3123 Aspen, CO 1 A089-96 ADU 87 117 Neale Ave. Jeffery Shoaf Box 3123 Aspen, CO 1 A089-96 ADU 88 1001 E. Hyman Mark Tache 1001 E. Hyman Ave. Aspen, CO 1 A088-96 ADU 92 Buttermilk Four -Way Intersection CDOT Perspective: Presented at the Buttermilk Master Plan meeting on 9/15/99, by Claude Morelli, City of Aspen Transportation Department from information provided by Ralph Trapani, CDOT 1. Degrades through movement on Highway 82 from Los B to Los C — net delay add is >20 seconds. (Before HOV priority) 2. Complicates an already busy intersection. 3. Utilities in the berm: CDOT is currently planning lateral move, not a change in grade. The 4t" leg would require a change of grade. 4. There is a visual and aesthetic impact on berm. 5. CDOT feels that the existing grade separated intersection works well enough. Direct access to abutting land is subordinate to through movements. 6. The four-way intersection would complicate/endanger pedestrian crossings of Highway 82. 7. The four-way intersection would delay AABC- Buttermilk project and threaten funding. But, this having been said, nothing physically precludes doing it in the future. 8. There is little traffic from MAA in the summer to warrant this additional leg to the intersection. Any questions regarding this should be directed to Claude Morelli, City of Aspen Transportation Department, 920-5042. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director,,, FROM: Nick Lelack, Planner RE: Rezoning Yellow Brick School to Public Zone from Medium -Density Residential (R-6) Zone, and Code Amendment — Public Zone and Definitions of "Non -Profit Organization" and "Essential Public Facility" - Public Hearing DATE: November 30, 1999 SUMMARY: The City of Aspen Recreation Department submitted a 2-part application that requests (1) rezoning the Yellow Brick School from Medium -Density Residential (R-6) to Public, and (2) a Land Use Code amendment to the Public Zone District. The code amendment would add private school and public and private non-profit uses providing a community service to the list of permitted uses in the Public Zone District, and child care center as a conditional use. Please note that the non-profit uses in this facility would only be office space. The Definitions section would add the following definition for a non-profit organization and delete duplicative text from the essential public facility definition that is contained in the essential public service definition: Non-profit organization. An entity which has received a favorable determination letter from the United States Internal Revenue Service regarding their tax exempt status, and is incorporated, subject to or in compliance with the applicable provisions of the Colorado Revised Statutes (CRS) Corporations and Associations articles 121 to 137. Essential public facility. A facility which serves an essential public purpose, is constructed or its use changed in response to the demands of growth, is not itself a growth generator, is available for use by the general public or used for the benefit of the general public, and serves the needs of the community. ThA or. moiAtanarlcp of raoYlnnoa nnmmnninntinn wctama ��a�� 1'1P rnn�i!'�arPf'� P�cantio� QPf'[71!'•PO ISSUES: The Commission raised a number of issues during the first part of this public hearing and asked staff to provide information on the following items: 1. Who are the current users of the Yellow Brick and Red Brick, and how many square feet do they occupy. The table below provides a list of tenants and the amount of space they occupy in terms of square feet. RED BRICK SCHOOL Tenant Square Feet Filmfest 420 heat�re i'a�rk 227 Jazz Aspen 546 opena1let 29063 Aspen Community Institute 72 Arts Council 336 speseu 535 Buddy Program 567" e :0" titian , ; ,GQti Grassroots TV 1,214 +� assr a Aerie c+ '741" KAJX 1,416 # crea O�1:�'��1A�"� E'tt� Ferrara 456 `awso 274" Waller 274 Mdlee�r 538 Schermer 274 �nxor 274 Weiss 545 TOTAL 139608 YELLOW BRICK SCHOOL Tenant Square Feet C.O.R.E. 455 The Gay & Lesbian Fund 150 s �aidrS'aa m $2t Early Learning Center 6,665 �ar�s 'ay Group; v 788 Kid's Club 35216 TOTAL 1 15,2041 2. How can parameters be established for the proposed uses? Parameters can be established by making the proposed uses — private school, non-profit organizations, and child care centers — conditional uses. The Planning and Zoning Commission may approve, approve with conditions, or deny applications for a new or expanded conditional use. This authority provides the Commission the opportunity to attach conditions that establish parameters (i.e., time of operation) for approval of a new or expanded conditional use. 2 t 3. How can the City require non-profit organizations to mitigate for the growth they generate? The Growth Management Quota System (GMQS) is designed to require businesses or non-profit organizations to mitigate for the growth they generate based on the number of new square feet they add to an existing building or square feet of a newly constructed building. Non-profit organizations may be exempt from GMQS pursuant to Section 26.470.070(H)(3), which states that "the City Council may determine upon application that development associated with a non-profit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted." This application is for a rezoning and code amendment and is not a development application. 4. Who will occupy the renovated 1, 800 square feet designated for non prof t office space in the Yellow Brick basement? According to Tim Anderson, Director of the Recreation Department, Jazz -Aspen is planning to move from the Red Brick to the Yellow Brick. If the organization moves, it will vacate 546 square feet of office space in the Red Brick for 1,000 square feet of office space in the Yellow Brick. Tim plans to send a public notice regarding the availability of the non-profit office space to interested parties and neighbors. After accepting applications, the Yellow Brick Tenant Committee convenes to evaluate the applications based on educational principles and community services. If the Commission and City Council decide to make any of the three proposed uses conditional uses, the Planning Commission would then approve, approve with conditions, or deny an application fora new or expanded conditional use in the Public Zone District, and in this case the Yellow Brick School. OPTIONS: 1. Approve the zone change to the Public Zone District, and add private school, non- profit uses providing a community service to the zone district's list of permitted uses, and add child care center to the list of conditional uses. 2. Approve the zone change to the Public Zone District, and add the three proposed uses to the Public Zone District's list of conditional uses. 3. Deny the zone change and do not amend the Land Use Code. The existing organizations can continue to operate in the Yellow Brick School and the basement will be renovated for non-profit office space pursuant to the approved Yellow Brick School Capital Improvement Plan. C RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward to City Council a recommendation of approval to rezone Yellow Brick School to the Public Zone District; approval to add private school, non-profit uses providing a community service to the zone district's list of permitted uses, and add child care center to the list of conditional uses; and approval of the Definitions section regarding a new definition for non-profit organizations and a modified definition of essential public facility. RECOMMENDED MOTION: "I move to recommend City Council to rezone the Yellow Brick School to the Public Zone District, to amend the Public Zone District to include private school and non- profit uses providing a community service to the list of permitted uses and child care center to the list of conditional uses, and to add definition of non-profit organizations as described herein to the Definitions section and modify the definition of essential public facility also as described herein." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Proposed P&Z Resolutions CAhome\Active Cases\Yellow Brick rezoning\PZ_MEMO.doc 0 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS: Code Amendment to Public Zone District Section 26.92.020, Standards Applicable to Amendments to the Land Use Code In reviewing an amendment to the text and official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: No Land Use Code conflicts are evident for the proposed text amendments. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The amendments are consistent with the Aspen Area Comprehensive Plan (AACP). The 1993 AACP called for the City to "Support and enhance the educational use of the Yellow Brick School." The amendments help implement the Plan by expanding the educational uses allowed in the Public zone district by allowing private schools and child care facilities instead of just public schools. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Neighborhood compatibility issues will specifically be addressed pursuant to the rezoning standards. However, Public zoning in most communities provides for a wide variety of uses and activities for citizens and guests. Staff feels that the proposed changes will allow uses which are very similar to the traditional and current uses of the Yellow Brick School. Staff also feels that the proposed uses will be compatible with the surrounding land use patterns. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: This proposed amendment will not effect traffic generation and road safety. Specific impacts will be considered during individual conditional use review processes. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. 5 Staff Finding: The addition of the proposed uses allowed in the Public zone district is not expected to result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. In addition the change from school to the proposed public uses has probably decreased the impacts on the Yellow Brick site given the reduction in the on -site population and public facilities required to accommodate them. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The primary affect of this amendment will be to permit the Yellow Brick School's existing uses to continue and moderately expand. No adverse impacts are anticipated on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: This amendment adds language to a land use policy that is consistent and compatible with the community character. For approximately the past half century, the Yellow Brick School and its uses have contributed to Aspen's community character. The uses have recently changed from a neighborhood school to child care providers and community service related agencies. The uses located at this site reinforce core community values and, therefore, are consistent and compatible with the City's character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The Yellow Brick School building was sold by the Aspen School District to the City of Aspen. The change in ownership from a school district to the City is a changed condition which prompted the rezoning and this text amendment. The amendment is appropriate for the entire Public zone district because it carries out the zone's intent and purpose, but is most appropriate in its application to the Yellow Brick site. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: One of the goals of the AACP is to better utilize community facilities. These amendments allow for enhanced public -oriented uses at a public site. I REVIEW CRITERIA & STAFF FINDINGS: Yellow Brick Rezoning Section 26.92.020, Standards Applicable to Amendments to the Land Use Code In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed amendment to the official zone district map to change the subject property's zoning designation from R-6 to Public is not in conflict with any portion of the Land Use Code provided the accompanying text amendment is approved. The amendment does not represent new land use policy or a change in land use policy for the City of Aspen. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The 1993 Aspen Area Comprehensive Plan (AACP) calls for the support and enhancement of the educational use of the Yellow Brick School. The City purchased the facility primarily to continue school's educational functions, and also to provide space for non-profit groups. This amendment to the map is not only consistent with the AACP, but is a step toward insuring that the structure is preserved for educational and community services. After the City purchased the property, the Yellow Brick School Task Force and Tenant Committee was formed to address the building's use. The committees, which consist of a wide variety of community volunteers, determined that the building would be used for educational and community services. They also approved of creating affordable space in the basement for non-profit groups. These decisions support the Yellow Brick's continued educational use and are therefore consistent with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The proposed use is compatible with surrounding zone districts and land uses. In the past, it was an even more intensive educational use as a fully functioning school, which was a permitted conditional use in the R-6 zone district in the same location. The subject property is situated in the well -established West End residential neighborhood. To the north, west, and east of the Yellow Brick School are single family homes which have predominated in the neighborhood since the 19th century. To the south are single family homes and the Hotel Aspen. And, to the northeast is the Red Brick School, now the Aspen Arts and Recreation Center, containing many similar uses. The Yellow Brick School 7 committees' decisions concerning the facility's use and tenants has helped to ensure that the existing land uses are compatible with the neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The rezoning is expected to have minimal impact on traffic and road safety. The continuation of the existing uses will not generate more traffic or hinder road safety; however, leasing an additional 1,800 square feet to additional non-profit groups may impact traffic and road safety. The property is centrally located and easily accessed by foot and by public transportation. Therefore, vehicular trip generation will be less than for a property in a location which does not possess these transit and pedestrian amenities. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The rezoning to Public will not result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. G. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The rezoning to Public will not adversely impact the natural environment. H. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service uses have been consistent and compatible with the community character in the past and will continue to help build this character in the future. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The City purchased the Yellow Brick property from Aspen School District. The change in ownership from a school district to the governmental entity is a changed condition which supports the rezoning from R-6 to Public, providing a more appropriate zone for combined educational and community service building. I Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: The text amendment to rezone the Yellow Brick School to Public and bring the existing educational and non-profit agencies into compliance with the Land Use Code is not in conflict with the public interest, but rather is strongly in the public interest. The rezoning of a public building to Public is also within the purpose and intent of this chapter of the Land Use Code. 0 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL AMEND THE PUBLIC ZONE DISTRICT USES AND DEFINITIONS OF "NON-PROFIT ORGANIZATION" AND "ESSENTIAL PUBLIC FACILITY", SECTIONS 26.710.250 AND 26.104.090 OF THE LAND USE CODE. Resolution #99 - WHEREAS, Pursuant to Section 26.304.040, the Planning and Zoning Commission may initiate text amendments to the Land Use Code and did so initiate this text amendment to the Land Use Code after considering a recommendation by the Community Development Director; and, WHEREAS, the City Council may approve Amendments to the text of the Land Use Code after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.310; and, WHEREAS, the Community Development Department analyzed the amendment, pursuant to Section 26.310, and recommended adding "Private School" and "Public and Private Non -Profit Uses for Community Services" to the Public zone district list of permitted uses and "Child Care Center" to the Public zone district list of conditional uses, and definitions of the term "Non -Profit Organization" be added and the term "Essential Public Facility" be amended, as described herein; and, WHEREAS, during a duly noticed public hearing on October'19, 1999, the Planning and Zoning Commission considered a recommendation made by the Community Development Director, took and considered public testimony, and recommended, by a _ to vote -�, City Council amend the uses listed within the Public zone district and definitions section of the Land Use Code, as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 Section 26.710.250 (B. and C.) of the City of Aspen, Colorado Land Use Code is hereby amended to include the new text, denoted by underline: B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district: 1. Library; 2. Museum; 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 10 6. Public transportation stop; 7. Terminal building, and transportation related facilities; 8. Public surface and underground parking areas; 9. Fire station; 10. Public and private school; 11. Public park; 12. Arts, cultural and recreational activities, buildings and uses; 13. Accessory buildings and uses; and 14. Public and Private non-profit uses providing a community service. C. Conditional uses. The following uses are permitted as conditional uses in the Public (PUB) zone district, subject to the standards and procedures established in Chapter 26.425. 1. Maintenance shop; 2. Affordable housing; and 3. Child care center. Section 2 Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to include a new term and definition: Non-profit organization: an entity which has received a favorable determination letter from the United States Internal Revenue Service regarding their tax exempt status, and is incorporated, subject to or in compliance with the applicable provisions of the Colorado Revised Statutes (CRS) Corporations and Associations articles 121 to 137. Section 3 Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to delete the following text from the term "Essential Public Facility" denoted by a line drawn through the text: Essential public facility. A facility which serves an essential public purpose, is constructed or its use changed in response to the demands of growth, is not itself a growth generator, is available for use by the general public or used for the benefit of the general public, and serves the needs of the community. Tae; APPROVED by the Commission at its regular meeting on November 30, 1999. 11 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair 12 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL REZONE YELLOW BRICK SCHOOL TO THE PUBLIC (PUB) ZONE DISTRICT. PARCEL NO.2735-124-36850 Resolution #99 -IJ WHEREAS, a parcel of land located at Block 57, Lots A-F, plus vacated ally, City and Townsite of Aspen, commonly referred to as "Yellow Brick School"; and, WHEREAS, the property is approximately 1.4± acres; and, WHEREAS, the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.92; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the property be included in the Public (PUB) Zone District; and, WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning and Zoning Commission took and considered public testimony and recommended, by a to vote, City Council include this property in the Public (PUB) Zone District. NOW, THEREFORE BE IT RESOLVED by the Commission: That the City Council should include the land commonly referred to as Yellow Brick School in the Public (PUB) Zone District, and direct the Community Development Director to amend the Official Zone District Map accordingly. APPROVED by the Commission at its regular meeting on November 30, 1999. City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Robert Blaich, Chair C:\home\Active Cases\Yellow Brick rezoning\Rezoning Code Amend2nd.doc 13 i MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director., ) FROM: Nick Lelack, Planner RE: Bass/Cahn Properties, LLC, 1395 Riverside Drive, Conditional Use ADU - Public Hearing DATE: November 30, 1999 APPLICANT: Bass/Cahn Properties, LLC REPRESENTATIVE: Stuart Lusk LOCATION: 1395 Riverside Drive ZONING: R-15 CURRENT LAND USE: Nearly completed new duplex PROPOSED LAND USE: Duplex with an attached 634 net livable sq. ft. ADU. LOT SIZE: 17,600 sq. ft. FAR: Allowable: 5,074 sq. ft. Proposed: 5,000 sq. ft. A Proposed Accessory Dwelling Unit entrance. Additional photographs of the duplex and garage above this unit are included in Exhibit E. SUMMARY: This request is for Conditional Use approval for an attached Accessory Dwelling Unit (ADU). An ADU will provide for an exemption from GMQS. This ADU was completed prior to receiving approval, therefore, if it is approved with conditions, the conditions will be applied to a change order to the building permit (currently being requested concurrent with the Conditional Use application) instead of to the building permit. If not approved, the applicant would be required to disassemble components of the ADU which qualify it such. STAFF COMMENTS: The proposed ADU includes approximately 634 square feet of net livable space. The plans are for a studio/efficiency style of unit, including a kitchen, large walk-in closet, one bath, and a generous living/bedroom area. The unit is located under the garage of Duplex B (see Exhibit E for photographs of the duplex and garage). The applicant obtained building permits to construct the duplex late last year; the approved building plans included a bedroom/wet bar under Duplex B's garage. However, during construction of the project the applicant decided to build an ADU instead of the bedroom/wet bar. During a site visit on October 12, 1999, staff found that the bedroom contained a full kitchen instead of a wet bar, effectively completing the ADU without Conditional Use approval or the proper building permits. Subsequently, the representative submitted a change order to the building permit to construct the kitchen. If the unit is approved with conditions, the conditions will be applied to the change order to the building permit. Staff also notified the representative that a Certificate of Occupancy will not be issued for the duplex or ADU until Conditional Use approval is granted for the ADU or cash -in -lieu is paid for affordable housing mitigation. In addition, the City Engineer is concerned about the new, fence and berm on the property. Specifically, the Engineer said that it appears a new fence and berm have been installed in the public right-of-way, and that the fence needs to be relocated to private property. He also said that portions of the berm that are within the public right-of-way need to be removed, and that the plantings in the public right of way need to be documented with an approved right-of-way permit. Staff is recommending approval of the ADU with conditions. REVIEW PROCEDURE: Conditional Use for ADU. The Commission shall approve, approve with conditions, or deny the application at a public hearing. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Bass/Cahn Properties LLC Accessory Dwelling Unit located at 1395 Riverside Drive with the following conditions: 1. Obtain a fence permit, relocate the approved fence to private property, and confirm the location of the fence with the City Engineer. 2. Remove the portions of the berm that are within the public right-of-way. 3. Document the plantings in the public right-of-way with an approved right-of-way permit. 4. The change order to the building permit application shall include: a) a copy of the Aspen Planning and Zoning Commission resolution. b) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment, and with topography in the public right-of-way that shows the topography in the right-of-way has been restored to the topography on the improvement survey dated October 1998. The survey also needs to explain a line at the northerly portion of the property labeled N 50°00'00" E, 111.32'+/-. The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, on both frontages. c) a completed and recorded sidewalk, curb, and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. d) a completed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. e) a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer that maintains sediment and debris on -site during and after construction. This is particularly important because the existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on the drainage plan. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. f) a tree removal or relocation permit from the City Parks Department for any trees to be removed or relocated. g) a completed tap permit with the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 5. The change order to the building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). d) The ADU has the minimum one (1) off-street parking space provided; the building permit plans shall indicate the designated ADU parking space. The ADU space must have clear access and cannot be stacked with a space for the primary residence. e) The ADU meets all applicable UBC requirements for light and air. f) An overhang shall cover the ADU entrance designed to prevent snow and ice from falling on, or building -up on, the entrance to the ADU. g) Conformance with the City's requirements for driveways. Driveways must be separated by 25 feet or more (including neighboring driveways), and must be paved from the edge of the street to the property line. Paving alternatives may be approved by the City Engineer. h) If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage at the edge of the street paving. 6. The applicant should provide separate utility taps and meters for each residential unit. 7. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 8. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 9. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 10. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday - Saturday. 11. Before applying for a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 12. The applicant needs to meet with the Aspen Consolidated Sanitation District (ACSD) to determine if additional fees are due and provide the City with a clearance letter from the District prior to receiving approvals. 13. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Bass/Cahn Properties LLC Accessory Dwelling Unit, 1395 Riverside Drive with the conditions outlined in the Community Development Department memo dated November 30, 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Vicinity Map Exhibit D -- Development Application Exhibit E -- Site Photographs Exhibit A Bass/Cahn Properties LLC, ADU REVIEW CRITERIA & STAFF FINDINGS Section 26.425.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: A deed restricted Accessory Dwelling Unit is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan (AACP). Supplying and increasing the affordable housing stock is clearly a goal of both the AACP and Land Use Code. Accessory Dwelling Units are a conditional use in the R-15 Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: The Riverside subdivision consists of a mixture of duplex units and single family homes. There are also existing ADUs in the vicinity. The proposed development appears to be in the same character as the immediate area. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The ADU's location, size, and design will be visually compatible with the primary residence on the property and in the immediate vicinity. The ADU is not visible to pedestrian or vehicular traffic; however, the designated uncovered parking space offset from the driveway is in full view from Riverside Drive. The unit's operating characteristics will be similar to those of the primary residences and should not produce adverse impacts on surrounding properties. No noise, vibrations, or odor related impacts are anticipated. The proposed ADU is a basement unit connected to duplex B via an interior door, and located beneath the garage. It contains approximately 634 square feet of net livable space in a studio/efficiency layout. There will be a large combined bedroom/living area, full kitchen, plus a substantial walk-in closet, and bathroom. . (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding: Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of separate taps for each unit. Park fees will be due prior to the issuance of a Certificate of Occupancy if they have not already been paid. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The applicant is not seeking any waivers or special considerations through this process. The development appears to be in conformance with all other applicable standards of the Land Use Code. Although it complies with all standards imposed on it by the AACP and Land Use Code, the Aspen/Pitkin County Housing Authority would like to see an additional window well installed because the only natural light entering the unit is from the unit's entrance. Section 26.52-0.020, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (3 00) square feet and no more than seven -hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Finding: The proposed ADU is approximately 634 square feet of net livable area; duplex units are required to each have one ADU with a minimum of 300 square feet of net livable area or one unit of at least 600 square feet of net livable area. A parking space is also designated just off the driveway for this unit. Therefore, this condition is satisfied. The applicant will be required to file a deed restriction on the unit prior to receiving the change order to the building permit approval. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding: The development appears to be in conformance with the provisions of the R-15 Zone District. A zoning check is required through the change order to the building permit review process. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Finding: The ADU is attached. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: There is no alley that serves this property. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: The ADU is subordinate in character to the primary residence and, is in fact, located beneath the garage of duplex B. Thus, the unit is not visible. The ADU, considering year-round occupancy, is not expected to create a density pattern inconsistent with the neighborhood. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding: The applicant is not requesting any variations to the dimensional requirements. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a- g) provided that the nonconformity is not increased. Staff Finding: Not applicable. There are no non -conformities. 4) Conditional use review shall be granted pursuant to Section 26.425.040, Standards applicable to all conditional uses. Staff Finding: Refer to Staff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Does not apply. This is not a bandit unit. D. GMQS/Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." Staff Finding: Does not apply. Multi -Family housing replacement applies to structures of three or more units. E. FAR for Accessory Dwelling Units. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit whichever is less. This floor area exclusion provision shall only apply to accessory dwelling units which are subject to conditional use review and approval pursuant to section 26.425 of this code. In addition, the units shall be deed restricted, registered with the Aspen/Pitkin County Housing Authority, and rented to an eligible working resident of Pitkin County. The owner shall retain the right to select the renter for the unit. The floor area of a detached accessory dwelling unit separated from the principal structure by a distance of not less than ten (10) feet with a minimum footprint of six hundred twenty five (625) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of floor area. Staff Finding: The ADU does not qualify for a Floor Area exemption because it is not being deed restricted to mandatory occupancy, and the applicant is not requesting a Floor Area bonus. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE LOCATED IN THE BASS/CAHN PROPERTIES, LLC, DUPLEX, 1395 RIVERSIDE DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-181-17024 Resolution #99 - 3B WHEREAS, the Community Development Department received an application from Stuart Lusk on behalf of Bass/Cahn Properties, LLC, owner, for Conditional Use Review of an attached Accessory Dwelling Unit having approximately six hundred thirty-four (634) square feet of net livable area to be located beneath the garage of a newly constructed duplex at 1395 Riverside Drive, City of Aspen; and, WHEREAS, the parcel is approximately 17,600 square feet, located in the Moderate -Density Residential (R-15) Zone District, and is being redeveloped as a duplex with an attached Accessory Dwelling Unit; and, WHEREAS, pursuant to Sections 26.710.050, Moderate -Density Residential, 26.520.020, Accessory Dwelling Units, and 26.425.040, Standards Applicable to All Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R-15 Zone District may be approved, at a public hearing, by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Sections; and, WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing at a regular meeting on November 30, 1999, the Planning and Zoning Commission approved, by a to (_ - vote, the Conditional Use for an Accessory Dwelling Unit to be located beneath the garage of a duplex, 1395 Riverside Drive, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: Staff recommends the Planning and Zoning Commission approve the Bass/Cahn Properties LLC Accessory Dwelling Unit located at 1395 Riverside Drive with the following conditions: 1. Obtain a fence permit, relocate the approved fence to private property, and confirm the location of the fence with the City Engineer. 2. Remove the portions of the berm that are within the public right-of-way. 3. Document the plantings in the public right-of-way with an approved right-of-way permit. 4. The change order to the building permit application shall include: a) a copy of the Aspen Planning and Zoning Commission resolution. b) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment, and with topography in the public right-of-way that shows the topography in the right-of-way has been restored to the topography on the improvement survey dated October 1998. The survey also needs to explain a line at the northerly portion of the property labeled N 50000'00" E, 1-11.32'+/-. The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, on both frontages. c) a completed and recorded sidewalk, curb, and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. d) a completed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. e) a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on - site during and after construction. This is particularly important because the existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the .feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on the drainage plan. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. f) a tree removal or relocation permit from the City Parks Department for any trees to be removed or relocated. g) a completed tap permit with the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 5. The change order to the building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). d) The ADU has the minimum one (1) off-street parking space provided; the building permit plans shall indicate the designated ADU parking space. The ADU space must have clear access and cannot be stacked with a space for the primary residence. e) The ADU meets all applicable UBC requirements for light and air. f) An overhang shall cover the ADU entrance designed to prevent snow and ice from falling on, or building -up on, the entrance to the ADU. g) Conformance with the City's requirements for driveways. Driveways must be separated by 25 feet or more (including neighboring driveways), and must be paved from the edge of the street to the property line. Paving alternatives may be approved by the City Engineer. h) If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage at the edge of the street paving. 6. The applicant should provide separate utility taps and meters for each residential unit. 7. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 8. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 9. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 10. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday - Saturday. 11. Before applying for a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 12. The applicant needs to meet with the Aspen Consolidated Sanitation District (ACSD) to determine if additional fees are due and provide the City with a clearance letter from the District prior to receiving approvals. 13. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on November 30, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk C:\home\Active Cases\1395 Riverside Drive\MEMOcommReso.doc Robert Blaich, Chair 13 VV r r-NKA t -. Cows r^ C-4-317> MEMORANDUM To: Nick Lelack, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer e-p- Date: October 28, 1999 Re: 1395 Riverside Drive - Conditional Use for an Accessory Dwelling Unit The Development Review Committee has reviewed the above referenced application at their October 20, 1999 meeting, and we have the following comments: General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features without misrepresentation, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements if continuation of such encroachment would be acceptable to the City. 1. Improvement Survey — The improvement survey that was submitted does not reflect site conditions at the time of the application for an ADU. The applicant needs to provide an updated improvement survey. The new survey also needs to explain a line at the northerly portion of the property labeled N 50°00'00" E, 111.32' +/-. 2. Encroachments on Public Property — It appears that a new fence and berm have been installed in the public right-of-way. Was a fence permit obtained? The fence needs to be relocated to private property and confirmed by the Engineering Department observing property monuments. The portions of the berm that are within the public right-of-way need to be removed. A final improvement survey with topography needs to be provided that shows the topography in the public right-of-way restored to the topography on the improvement survey dated October 1998. There are also plantings in the public right-of-way which need to be documented with an approved right-of- way permit. 3. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in e the State of Colorado, must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within utility* easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to building permit drawings. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Drainage from the driveway is of special concern. 4. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, on both frontages. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 5. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. 6. Aspen Consolidated Sanitation District (ACED) — The applicant needs to meet with ACSD to determine if additional fees are due and provide the City with a clearance letter from the District prior to receiving approvals. 7. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. DRC Attendees Staff: Nick Lelac, Karma Borgquist, Ed Van Walraven, Stephanie Levesque, Tom Bracewell, Joyce Ohlson, John Krueger, Chuck Roth 99M 157 Hbusing office City ®f Aspen/Pitkin'C6unty 530 East Maiii Street, LoWer Level Aspen, Colorado 81611 (970) 920-5050 Fax: (970) 920-5 580 MEMORANDUM To:, Nick Lelick, Community Development Dept. FROM Stefanie A. Levesque, Housing Office DATE., November 2,11999 RE: Bassicahn Conditional Use for an ADU — 1395 Riverside Drive Parcel 10 No. REQUES The applicant is requesting approval for an accessory dwelling unit to be located below.grade. BACKGRZOUN®: According to Section 26.520, Accessory Dwelling Units, a unit shall contain not less tho,n 300 square feet of not livable area and not more than 700 square feet of net livable area. ISSUES: When the Housing.Office reviews.'plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be a totally privat6 unit, which means the unit must have a private entrance and there shall be no other rooms in this unit that need to be utilized by the Individuals in the, principal residence; i.e., a mechanical room for the principal residence. 2. The kitchen Includes a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. 3. The -unit is required to have a certain percentage of natural light into the unit; i.e., windows. sliding glass door, window wells, etc., especially If.the unit is located below'grads. The Uniform Building C9de requires, that 10% of the floor area of a unit needs to have natural light. Natural light is defined as light which is clear and open to the sky. 4. A deed restriction MUST be recorded PRIOR to building permit approval. The deed Festrldon shall be obtained from the Housing Office. .5. 5, The'total floor area of the prin6ipal and accessory dwelling unit shall not exceed the allowable FAR of the applicable zone district, According to the section of the code 26.575.020 A,6 the ADU shall be deed restricted, registered with the APCHA, and rented to an eligible working resident of Ritkin County. The owner shall retain the right to select the renter for the unit. RECOMMENDATION, After reviewing ttie application, the Housing Office recommends approval on the condition that issues 1-5 above are met prior to building permit approval. Prior to C.O. the Housing Office requires -a site tour to Inspect the unit. 2 AmformAeldn798.adu 17*8 oAo oNisnOH N3dSd WOOE:OT 66, 20 A0W Aspen Consolidated Sanitation District . Sy Kelly * Chairman John Keleher Paul Smith * Treas Frantz Loushin Michael Kelly * Secy Bruce Matherly, Mgr October 19, 1999 Nick Lelack Community Development 130 S . Galena Aspen, CO 81611 Re: 13 95 Riverside Dr, Dear Nick: The development located at -1395 Riverside Dr. is currently served by our District. We currently have sufficient collection and treatment capacity to serve the proposed redevelopment of this property. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Issues such as the method of connection and the abandonment or reuse of the existing service line must be reviewed and pre -approved by our line superintendent. Once detailed plans are available for the construction of the duplex, a tap permit can be completed, and the additional fees can be estimated. We request that the completion of the permit and payment of fees be required prior to the issuance of a building permit. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 .1 Overeynder, 12:17 PM 10/25/99f Re: referral comments on 2 ADU I Date: Mon, 25 Oct 1999 12:17:24 -0600 (MDT) X-Sender: philo@water To: Nick Lelack <nickl@ci.aspen.co.us> From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Re: referral comments on 2 ADU apps Nick, No I didn't attend. I didn't ahve comments on either application. Thanks for inquiring. Phil At 04:03 PM 10/22/99 -0500, you wrote: >Hi Phil, >I cannot remember if you attended the DRC last week concerning the 518 West >Smuggler ADU application and 1395 Riverside Drive ADU application. The >applications were missing a few components, so I am checking with DRC >members to see if there is any additional information you need before >reviewing the application and submitting referral comments. Please let me >know if you need more information. >Thanks. >Nick >X-5095 I Printed for Nick Lelack <nickl@ci.aspen.co.us> 1 f EXHIBIT E INDEX LAND USE APPLICATION FORM COW&TMENT FOR TITLE INS. (OWNERSHIP) REPRESENTATIVE AUTHORIZATION AGREEMENT FOR PAYMENT CONDITIONAL USE DESCRIPTION OF ADU AREA MAP LOCATING PROPERTY EXISTING SURVEY PROPOSED SITE PLAN (ADU ACCESS) WEST ELEVATION PROPOSED ADU FLOOR PLAN 1/4 =1 LAND USE APPLICATION Locauon: I "j. `1 �3 K I LM- 51.E a (Indicate street address, lot & block number, APPLICANT: Name: Address: At Phone #: REPRESENTATIVE: Name: Z- L Address: Phone #: ) — % 3 d TYPE OF APPLICATION: (please check all that apply): L , L_. Blbil n Conditional Use U, ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal (] Conceptual SPA ❑ Minor Historic Devt. n GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use [] Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment 1 to LUNUI I O S., �aescnption or existing buildings, uses, previous approvals, etc.) �6- W&L-E LY Loc-4-1.1 iO nkj .61 00 ,F 1 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) I)UO1 _OfJa(000!,�05=_ L.Ir&ra W Have you attached the following? [] Pre -Application Conference Summary rl Attachment #l, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form u Response to Attachment #3, Minimum Submission Contents ❑ Response to Attachment #4, Specific Submission Contents ❑ Response to Attachment #5, Review Standards for Your Application a.o FEES DUE: $ 4 S-7 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY. PLANNER: Mitch Haas, 920-5095 DATE: 4/1/98 PROJECT: Riverside Drive Conditional Use Review for an ADU, and Residential Design Standards Review REPRESENTATIVE: Stuart Lusk--- 920-1321 J Lusk Design, P.O. Box 2004; Aspen, CO 81612 TYPE OF APPLICATION: Conditional Use Review for an ADU and Residential Design Review DESCRIPTION: Applicant would like to demolish an existing house and redevelop the site with a duplex and an Accessory Dwelling Unit (ADU). The proposal would be subject to review under the Residential Design Standards. The property g p p rty in question has a gross area iri excess of 17,000 square feet and is located on Riverside Drive. The property is zoned R-15, Moderate Density Residential. In the R-15 Zone District, a duplex may, be developed on a lot of 15,000 square feet that was subdivided as of 4/28/75; otherwise, the duplex must be developed with a minimum lot area of 10,000 square feet of lot area per dwelling unit (20,000 square feet needed for duplex). The ADU or cash -in -lieu is required, for a GMQS Exemption, but the applicant has the option of proposing one ADU of between 600 and 700 square feet., or two ADUs of at least 300 square feet each. `Land Use Code Section(s) co/ ' i }'- ' , Chapter 26.60, Conditional Uses; Section 26.40.090, Accessory Dwelling Units; Section 26.100:050(A)(2)(c), GMQS Exemption for Duplex Dwelling Unit; Section 26.28.050, Moderate -Density Residential (R-15); and, Section 26.58.040, Residential Design Standards. Also see: Chapter 26.44, Park Development Impact Fee; and, Chapter 26.52, Common Development Review Procedures. Review by: Community Development Department and City of Aspen Planning and Zoning Commission. Public Hearing: Yes, the conditional use review requires a public hearing, and the notice requirements outlined in Chapter 26.52 will have to be followed. . Referral Agencies: 'Engineering, Housing, Parks, Zoning, Fire Marshal, ACSD, Building, and Streets. Planning Fees: Planning Flat Fee ($245) Referral Agency Fees: Engineering, Minor ($110); and, Housing, Minor ($70). Total Deposit: $425. Ut I _u r - l ddd 1 hu l u; bC fin FAX NU. el U� ASPEN/PIMN COMMUNITY DEVELOPMENT DEPARTMENT Apree v i CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS. e 1 • APPLICANT h5 submitted t?,�ITY an application for (hereinafter, THE PROJECT), -' APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness, 3. APPLICANT and CITY agree that because of the size, nature or scope is not possible at this time to ascertainof the proposed project, it APPLICANT and CITY further agree that it the full extent of the costs involved in processing the application. is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additionaRosts may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification b the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through y of recovering its full costs to process APPLICANT'S application. :h the greater certainty a• CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless cu are paid in fttll prior to decision. rrent billings 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver ,of its ri-ht to collect tn full fees prior Co a determination of application eoleieness, amount of S_yi ,which is for p APPLICANT shall pay an initial deposit in the hours of Community Development staff tirre, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billins to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until a!1 costs associated with case processing have been paid. CITY OF ASPEN APPLICANT J By: Jic A.nn Woodsmunity pcvclopment Director Date; Mailing Address; G � o i ATTACHMENT Z - 1 MMMUM SUBMISSION REQUIREMENTS ALL DEVELOPMENT APPLICATIONS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) October 7, 1999 To Whom It May Concern: I hear by authorize Stuart Lusk, of Lusk Design to act as representative before the Planning & Zoning Commission of the City of Aspen. He will be representing Bass/Cahn Properties regarding 1395 Riverside Drive, which is owned by Bass/Cahn Properties. Stuart Lusk Lusk Design P.O. Box 2004 Aspen, CO 81612 970-920-1321 Thank you; Harris A. Cahn Bass/Cahn Properties WARRANTY DEED THIS DEED, made this 24'day of MARCH 1997, between JILL ANN MACKIE OF THE COUNTY OF GRANTOR, AND BASS CAHN PROPERTIES, GRANTEE LLP STATE OFM whose legal address is : P.O. BOX 5078 ASPEN, CO 81611 COUNTY OF PITKIN, STATE OF CO WITNESSETH, That for and in consideration of the sum of ten dollars and other goon and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: See Attached Exhibit "A" TOGETHER with all and s-ingular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions c' whatever kind or nature soever, except those matters as set forth on Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person'or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall. be applicable to all gend s. / � r �r JILL ANN MACKIE EXHIBIT A PARCEL I: That part of Lot 25, RIVERSIDE SUBDIVISION, according to the Revised Plat thereof, filed in Ditch Book 2A at Page 255 of the Pitkin County ;cords, described as follows: _ Beginning at a point from whence the Southwest Corner of said Lot 25 bears S 00*53' E 89.28 feet; thence N 00053' W 141.99 feet; thence N 50000' E 111.32 feet, more or less, to the Westerly right-of- way line of State Highway 82, thence along said right-of-way line, S 21030' E 121.94 feet; thence S 51056' W 162.30 feet, more or less, to the point of beginning. PARCEL II: That part of Lot 25,- Block 1, RIVERSIDE SUBDIVISION, according to the Plat thereof recorded in Ditch 2A at Page 179 and Revised Plat thereof recorded in Ditch 2A at Page 255 which lies Northerly of the following line: Beginning at a point on the West line of said Lot 25 from whence the Southwest Corner of Lot 25 bears S 00053' E a distance of 231.27 feet thence N 50000' E 111.32 feet mo or less to the Westerly right-of-way line of State Highway 82. County of Pitkin State of Colorado e 1J LU 29 B q z t= 9 w XA " Ig a � e � Lope A y Coo p® HiVd 3NE8IOOHOS HEAH 4- e yqy O®� 2Ci Sx fangrocg Q ® �sd044 Alt!M1 .. 1joj3ysd oy ex $ 3 91g P•Od)1aa.13 311swa o ®® g 0 oC 91I y^ x 2 U] u 41L a ^ �S ¢ m v 3 419 U %- qC q yun � 'G x >tdoarl '� vAi 3 q'► S°o Noos N009 U Pic Y v •u n Put z �W, g v ? •_ % = z = w s SOOT SHE soot f goo N NOOi N £ aS0 12 m� 2L w x V v y' Ca6® • o i ^ 3 _ ! Ow Y O < Y � � F1.G 5 Awl O Y 9 _ m cc a a A Mg e• go .-. �aals� •"q�•w ° w 4.ri CC T_ c 7 a = O JajunHq j w x 0 -I L a tc ` $ 3utidg A U~ _ ° g • coos IN soot soon Soot 00 s009 - I.oiaNp Ui zC C P03 362M u c U " W a � a o P1ulanaiZ) ° Fp aop a qu aPWa^M Z U Q o 0 !8U �� aplf arlPliy rJ ad b � -�-a ally felt 1 SEIr 25947 �v �► r'4i —"� ��� "SET 25947 ool 0 LTI � \ / CP DOG GRAVEL P7 D6 VE / WATER METER 108 GA0 EL S PF� ASPEN UNTA l zA. COD G J/ �'�� �!/ OVERHEA 12707 91oe 4 CY)! / J ' /00, Jdel 1 1 mwa / , 1 i 1 U-) valK moo s 'ek 0 was* LO tv// .y�0 ro` - 1 i ilia © ' 547s R 1 Z. � r A$ �, ATTACHMENT 3 SPECIFIC SUBMISSION REQUIREMENTS CONDITIONAL USE REVIEW l . A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. 2. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. For Accessory Dwelling Unit applications, please also include: 1. Floor plan of the ADU, including door and window locations. 2. Net livable square footage of the unit, which is calculated on interior living area and is measured interior wall to interior wall,including all interior partitions. Also included, but not limited too, habitable basements and interior storage_ areas, clos,:ts and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. An ADU shall contain no less than 300 net livable square feet and no more than 700 net livable square feet. �, (f.` � +r Qom" 't (n, `\ • , \ \ Q Q r v co ; I [: ILn 61 PIP 44 IL Cl Ln p O 9CJT1} owo 1�1evr To. pRiv►�«" w 0 , SITE -PLAN J Z Dv�► per.60uTWEP-O AL 7 05 N _Iln ualG. IHIM, t. i.V, rive � L I � � I i i � J � I I O D f LAyc . ka i ime. L: l I:UL Nm rage to of It) .� is 1395 RIVERSIDE DRIVE ATTAODIENT 4 REVIEW STANDARDS: CONDITIONAL USE REVIEW When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer. solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE TO ATTACHMENT 4 A. The conditional use of proposed ADU at 1395 Riverside Drive is consistent with the Aspen area comprehensive plan. The location (R-15) of ADU fits into the Rural, yet close in, location of existing Duplexes and Single Family mix of homes. This is a great location for an ADU opportunity. B. The location of proposed ADU is consistent and compatible with the character of the Riverside subdivision. The sub -divisions character already includes a mixture of new and old structures, most Duplexes and Single family homes are on lots of well over 16,000 square feet. Apparently several homes in the neighborhood are Annual Rental Market Properties, along with local families. Thus the pedestrian traffic remains quite active year round. C. The location, size and design of proposed ADU is quite appropriate for the neighborhoods scale. The character and visual impact of ADU's exterior blends into existing site characteristics such as retaining scrub oaks, chokecherrys and aspens, along properties southern edge. Natural Grades were left undisturbed within southern and eastern set back lines. cut. Overall there is virtually no visual impacts from the Riverside Drive streetscape. Parking and vehicular circulation is accessed off of Riverside Drive's 16' drive The close in location allows for trash service, delivery service, etc. Noises, vibrations and odors should be of little impact as the ADU unit is tucked into a hillside on three sides thus leaving glazing and access along southern sunny side. The existing undisturbed trees, screens the neighbors driveway to the.south. D. Being located within the Aspen City limits, there are obvious advantages as to water, sewer, waste and drainage, etc. The school bus stop is right at the corner of Hwy 82 & Riverside drive exactly where subject property is located. Thus, fire, medical and other emergency services are easily accessed right off Hwy 82. Said location is also located at a RFTA stop and is also easy walking distance to town for the pedestrian. E. Said applicant commits to continue to offer affordable housing opportunity under the ADU guidelines of the Housing Authority. F.. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan, thus said applicant wishes to have the ADU Conditional Use Application approved, as proposed, by a vote of the Planning and Zoning Commissioners. ACTION: CONDITIONAL USE APPROVAL FOR AN ADU STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. ACCESSORY DWELLING UNITS: Accessory dwelling units shall contain not less than three hundred (300) square feet and no more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling BANDIT UNITS: Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. GMQS/REPLACEMENT HOUSING CREDITS: Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System. Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of 'Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." FAR FOR ACCESSORY DWELLING UNITS: For the purpose of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of 350 square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the P and Z pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An ADU separated from a principal structure by a distance of no less than ten feet with a maximum footprint of 450 square feet shall be calculated at 50 percent of the allowable floor area up to 700 square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one story tall, six feet wide, and ten feet long. i Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT - } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) V-7 ,being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of -property within three hundred (3 00) feet of the subject property, as indicated on the attached list, on the./?,9 day of 199 (which is days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the, ',, " day of /lip_ , 199.-=� to the ,_�'day of w�� , 199. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. ignatur Signed before me this, ?2� 'day of ,/r✓�� , 199�'. by ZPA3 ?�,�� ,242 WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: 6 Notary Public 91 p ��� �- FirstName LastName Company Addressl Address2 City State Postal Code William C. Mason C/O Gerta P.O. Box 406 Aspen CO 81612 Walls Susan Lussan 640 Fred Lane Aspen CO 81611 Stanton & Weissenborn 1335 Riverside Aspen CO 81611 Darcy Drive David & Denholm 500 Newport #520 Newport CA 92660 Nicole Center Drive Beach Douglas Skanse Douglas 6651 Auto Bloomin MN 55438 Skanse Club Road gton Revocable Trusts Don Soffer 2875 NE 191 Suite 400 North FL 33180 St. Miami Kenneth & Karl 11855 SW Miami FL 33156- Mindy 60th Ave 4903 Barbara Bennett 120 S. Cherry Denver CO 80222 Street Thomas & Kurt 3645 Stratford Dallas TX 75205 Carol Avenue Lizabeth Duson 9030 Dallas TX 75243 Kerr Greenville Avenue Helen Ann Kalin P.O. Box 1558 Aspen CO 81612 Klanderud Terry Goodrich 2249 N Chicago IL 60616 Burling S. Marc & Thee 720 West Winter FL 32789 Abbot Morse Blvd Park Michael J. Margaret Mason P.O. Box 4044 Aspen CO 81612 Paul Hayes P.O. Box 4107 Laguna CA 92651 Beach Hubert & Burgess 7138 Dallas TX 75240- JoAnne Meadowcreek 2715 Dr Larry & Fredrick 52 Aspen CO 81611 Janet McSkimming Rd Umberto & Villasant 4611 Cedar Baltimor MD 21229 Marguerite Garden Road e Terry & Swanton P.O. Box 1403 Aspen CO 81612 Molly Aspen Club Chuck Frias 730 E Durant Aspen CO 81611 Group Company Ave FirstName LastName Company Addressl Address2 City State Postal Code William C. Mason C/O Gerta, P.O. Box 406 Aspen CO 81612 Walls Susan Lussan 640 Fred Lane Aspen CO 81611 Stanton & Weissenborn 1335 Riverside Aspen CO 81611 Darcy Drive David & Denholm 500 Newport #520 Newport CA 92660 Nicole Center Drive Beach Douglas Skanse Douglas 6651 Auto Bloomin MN 55438 Skanse Club Road gton Revocable Trusts Don Soffer 2875 NE 191 Suite 400 North FL 33180 St. Miami Kenneth & Karl 11855 SW Miami FL 33156- Mindy 60th Ave 4903 Barbara Bennett 120 S. Cherry Denver CO 80222 Street Thomas & Kurt 3645 Stratford Dallas TX 75205 Carol Avenue Lizabeth Duson 9030 Dallas TX 75243 Kerr Greenville Avenue Helen Ann Kalin P.O. Box 1558 Aspen CO 81612 Klanderud Terry Goodrich 2249 N Chicago IL 60616 Burling S. Marc & Thee 720 West Winter FL 32789 Abbot Morse Blvd Park Michael J. Margaret Mason P.O. Box 4044 Aspen CO 81612 Paul Hayes P.O. Box 4107 Laguna CA 92651 Beach Hubert & Burgess 7138 Dallas TX 75240- JoAnne Meadowcreek 2715 Dr Larry & Fredrick 52 Aspen CO 81611 Janet McSkimming Rd Umberto & Villasant 4611 Cedar Baltimor MD 21229 Marguerite Garden Road e Terry & Swanton P.O. Box 1403 Aspen CO 81612 Molly Aspen Club Chuck Frias 730 E Durant Aspen CO 81611 Group Company Ave P�LAIN�N.I.NG ANC N.G'INC�O�M�MS� 111w110N'� MEETING DATE: ���p NAME OF PROJECT: ��q$ ���>�. ]��pV11,- -ArDU CITY CLERK: STAFF: ^J t c4e. WITNESSES: (1) �j,� ,A,. f�,-r- Lu sit. C 6) � �t>V4ut ca>To� G, p,4>1►c (4) C�\Crk* (5) : oN 0-4 f Z EXHIBITS: 1 Staff Report (✓(Check If Applicable) 2 Affidavit of Notice ( (Check If Applicable) 3 Board Criteria Sheet (Check If Applicable) 4 4k4A - 4) 4f� A- 4- C-- VOTE: YES i ROBERT BLAICH YES ROGER HUNT YES ROGER HANEMAN YES RON ERICKSON YES NO NO V JASMINE TYGRE etF'W�Z-b-" NO TIMOTHY MOONEY YES NOtZ NOZ STEVEN BUETTOW YES TO ' _i NO V YES NO PZVOTE 4 r ram. 181 ANN JACOBSON REALTY, INC.IN R AIFIE BASS 948-7424 -Pik - TL- NONNI All 77� I a, is