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HomeMy WebLinkAboutagenda.apz.19990824 AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY AUGUST 24, 1999, 4:30 PM I. ROLL CALL H. COMMENTS (Commissioner, Staff, Public) III. DISCLOSURE OF CONFLICTS OF INTEREST~-~_...~--, IV. PUBLIC HEARING s:o0-5:30 A. Bavarian Inn Conceptual Review (continued from July 20, 1999), ~:3o.6:0oB. Lodge Preservation Text Amendment (continued from July 20, 1999), Chris Bendon ~l~ca~ ~- o 6:0o.6:~o C. ADU Code Amendment (continued from August 3, 1999), Chris Bendon Acle?rv~ad~'~ (~ ^ ~:~o-7:00 D. Moore PUD Rezoning, Stephanie Millar ~4o~ofo~t~d V. ADJOURN Times are approximate. We recommend applicants arrive at least ~ hour prior to the scheduled time. TO: THRU: FROM: RE: DATE: MEMORANDUM Aspen Planning and Zoning Commission Julie Ann Woods, Community Development Director Joyce A. Ohlson, Deputy Director\,7A %J Bavarian Inn Affordable Housing Conceptual Planned Unit Development. Parcel I.D. No. 2735-123-08004 August 24, 1999 BACKGROUND & DISCUSSION: The proposal for the Bavarian Inn Affordable Housing PUD was presented by the applicants and reviewed in a series of public hearings conducted on April 13ffi, June 1" and July 20, 1999. Several conceptual site plans were presented and the public, Planning and Zoning Commission and staff had an opportunity to comment on the proposal and make recommendations. At their meeting of July 20th, the Planning and Zoning Commission directed Staff to develop a resolution for adoption, which would recommend approval to the City Council of a conceptual development plan. Attached is a proposed resolution which contains conditions of approval addressing concerns raised by the Commission and outlining pertinent submittal requirements for Final PUD review. The development scenario found most preferable by the Planning and Zoning Commission and Staff is attached to the proposed resolution as Exhibit A. The Commission made several recommendations regarding this development scenario which are included in the conditions within the resolution. Specifically, these conditions are as follows: • The addition of an additional unit(s) to buildings S 1-S4 with the possible elimination of the storage areas. • The addition of an additional unit(s) to building N 1 to be oriented along the alley side of the property (not Bleeker Street) and utilizing, to the greatest extent possible, the footprint of the existing structure located there. • The preservation of the undeveloped yard area, including trees not slated for walkways and driveways, east of the N1 building for the purposes of creating open space to be used as a courtyard and/or play area. • The parking should meet as closely as possible the required off-street parking provisions of the land use code, with at least a minimum number of 30 spaces to be provided. Refer to the Staff review and findings regarding the Review standards contained in the Staff memorandum dated April 13, 1999. SUMMARY TABLE OF PROPOSAL: See attached. RECOMMENDATION: Review the attached resolution and approve with conditions as noted. RECOMMENDED MOTION: "I move to recommend approval of the Bavarian Inn Affordable Housing Conceptual PUD application with the conditions contained within Planning and Zoning Commission Resolution No. , Series of 1999." ATTACHMENT: Attachment 1-Summary of Proposal Attachment 2-Planning and Zoning Commission Resolution No. 09 Series of 1999 (including Exhibit A) G:planning/aspen/resos.doc/P&ZBavp&zmem.doe Development Program Summary Table PARCEL 1 PROPOSAL Amount of Units Bedrooms (per Unit) Net Livable Area Cumulative Net Livable Area AH Category No. of Employees Housed' Tenancy Type Remodeled Bavarian Inn Structure _ 3 1 1 1 Studio Studio 2 3 440 sf 520 sf L I M sf 1,200 sf 1,320 sf 520 sf 1,100 sf 1,200 sf 1 or 2 1 or 2 2 1 or 2 3.75 1.25 2.90 3.25 Sale Sale Sale Sale 2 1 600 sf 1,200 sf 1 or 2 3.75 Sale 8 8 3,820 sf 5,340 sf N/A 14.90 N/A Bleeker Street Building Pas Parcel 1 Total M ^ 10 13 N/A 7,546sf _� N/A- 20.65 N/A 1 3 1,400 sf 1,400 sf Two 3.50 Sale 1* 2 806 sf 806 sf TBD 2.25 Sale *TB added 2 5 2,206 sf 2,206 sf N/A 5.75 N/A PARCEL.2 PROPOSAL "Parcel Amount of Bedrooms Net Livable Cumulative AH No. of Tenancy Units (per Unit) Area Net Livable Category Employees Type Area Housed' ,..:.Eighth Street Structure _ _. 4­ 7 3 -7 1,200 sf 41800 sT--] Four 12.00 Sale Main Street Building 2 2 1,120 sf� �2,240 sf Three 3.50 _ Sale 2 3 1,391 sf 2,782 sf -Three 6.00 Sale 1* TBD TBD TBD TBD TBD Sale *TB added TBD TBD N/A 5,022 sf N/A 9.50 N/A 2 Totals ~ � 8 ___ TBD N/A 9,250 sf N/A 21.50 � N/A 1 =Based on APCHA Guidelines' Occupancy Rates * *Parcel 2 totals do not include proposed additional units. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE THE BAVARIAN INN AFFORDABLE HOUSING CONCEPTUAL PLANNED UNIT DEVELOPMENT PROPOSED ON LOTS D THROUGH I, BLOCK 11, AND LOTS K THROUGH P, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735.123.08.004 Resolution #99 - 0 WHEREAS, the Community Development Department received an application from Savanah Limited Partnership, owner, as represented by Vann Associates, LLC, for Conceptual Planned Unit Development approval of a for sale, deed restricted, residential affordable housing development on two (2) parcels located between W. Main Street, Seventh Street, Eighth Street, and W. Bleeker Street; and, WHEREAS, pursuant to Section 26.445, Planned Unit Development, of the Aspen Municipal Code, development of land designated Planned Unit Development may be granted Conceptual approval by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission, the appropriate referral agencies, and members of the general public; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, Parks Department, Environmental Health Department, the City Transportation Planner, the City Zoning Officer, the Roaring Fork Transit Agency, the Aspen/Pitkin County Housing Authority, and the Community - Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, the Planning and Zoning Commission conducted several public hearings on this matter specifically on April 13, 1999; June 1, 1999; and July 20, 1999 when they also conducted an on -site evaluation of the subject property and development proposal; and in these hearings evaluated several different development scenarios and alternatives in order to determine and make findings on the most suitable development of the property in terms of neighborhood compatibility; affordable housing production, environmental preservation; traffic and road capacity; and parking; and WHEREAS, during a special meeting on August 24, 1999, the Planning and Zoning Commission recommended, by a to (_ to __) vote, that the Aspen City Council approve the Conceptual Planned Unit Development for the Bavarian Inn Affordable Housing Development with the conditions recommended by the Community Development Department as contained herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That City Council should approve this Conceptual Planned Unit Development application for the Bavarian Inn Affordable Housing project subject to the following conditions. (This conceptual approval refers to Exhibit A, Bavarian Inn Housing "4 South" dated 7/7/99.) 1. If the requested rezoning of Parcel 2 from R-15 to R-MF/PUD is not approved, this Conceptual PUD approval shall be rendered null and void. 2. For the Final PUD application, the proposed Site Development Plan shall be revised as follows, with final determination to be made at Final PUD review: a. The so-called S 1-S4 structure proposed along Main Street shall be redesigned so as to include an additional, unit, possibly 2 stories in height and eliminating the storage areas, if necessary. b. The so-called NI structure shall be redesigned to include another unit, possibly 2 stories in height, connected to proposed N 1 and located along the alley side of the parcel. The Bleeker Street frontage of the property shall remain undeveloped (with the exception of NI) to serve as a play area, court yard and open space. Trees located outside of the areas designated for driveway, sidewalk and parking shall be preserved with final determination to be made by the Parks Department. c. The requested design changes noted in (a) and (b) above allow for the expansion of the proposed project (as shown in Exhibit A) up to 20 units. d. Parking shall meet as closely as possible with the off-street parking standards of Section 26.515, however; a minimum of 30 parking spaces shall be allocated for the entire PUD. e. Vehicular access to parking shall be from Bleeker Street and the alley only, with the exception of the existing parking spaces accessed from Seventh Street, in -front of the Bavarian Inn. f. Turning movements at the east end connection'of the alley to Seventh Street shall be restricted to right -in and right -out only. Once Highway 82 has been realigned to Main Street, the Seventh/Main Street intersection has been signalized, and traffic volumes on Seventh have decreased, the right -in and right -out only restriction may be removed after further analysis by the City's staff upon application for an insubstantial PUD amendment to allow left turn movements to and from the alley. 3. All heights must comply with the R-MF zone district's twenty-five (25) foot limitation and as part of the Final Review process, the applicant shall erect story poles illustrating the S 1-S4 structures. 4. The proposed landscape plan of the Final PUD shall be modified in accordance with the changes required pursuant to condition 2., above. In preparing the proposed landscape plan for the Final PUD application, the applicant shall work cooperatively with the City Parks Department to arrive at an acceptable plan with regard to selection of species, spacing of plantings, and tree relocation, preservation, and removal requirements. The plan shall also demonstrate consistency with the recommendations of the "Entrance to Aspen Main Street Design Report." In association with the landscape plan, the applicant shall provide plans or documents describing provisions 2 for the on -going maintenance of all common areas and for ensuring landscape success for a three-year period. 5. The Final PUD application shall include a detailed outdoor lighting plan which illustrates that any outdoor lighting used on the subject property will not cause glare or hazardous conditions, that all outdoor lighting shall be of a down -directional, sharp cut-off fixtures and indicate that outdoor flood lights are prohibited. 6. The Final PUD shall meet all requirements of the Aspen Fire Protection District, including but not limited to the installation of approved fire sprinkler and alarm systems, and the maintenance of all fire department apparatus emergency access routes. Proposed snow storage areas shall be identified on the Final PUD Site Development Plan. 7. The Final PUD shall include a Special Review application for parking addressing the specific off-street parking requirements of Section 26.515 of the Municipal Code.. The Final PUD shall also address variations to the Open Space requirements and address the variation to the required rear yard setback for the current nonconforming condition of the existing Bavarian Lodge building. 8. The Final PUD application shall include a detailed utility plan including proposed easements; a detailed stormwater drainage plan; a PM,o mitigation plan; a fugitive dust control plan and construction management plan; a report detailing the results of an asbestos inspection of the Bavarian Inn and its associated out -buildings as completed by a person licensed by the State of Colorado; a draft plat and Subdivision/PUD Improvements Agreement; and, any other reports identified by the City Engineer as necessary for a full evaluation of the proposed development. 9. The applicant shall record (and pay the applicable fees) with the Pitkin County Clerk and Recorder the signed Planning and Zoning Commission Resolution that provides City Council with a recommendation regarding the proposed Bavarian Inn Affordable Housing Conceptual PUD. In the alternative, the applicant may pay the recordation fee to the City Clerk, who will record the Resolution. 10. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its meeting on August 24, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair 3 existing significant trees W1 eliminated j Bsnit W2 so ' E°d 3ER seer Bait d S • c '>e 3IR —o 7sE Unk . 'a W3 w W4 S. }sR atery wait a: i 1 W5 tc 30ory nax t S I�°°` w -� PARCEL 2 !t7 Aci F sidewalk Landscaping MAIN ST. BLEEKER ST. Landscaping Landscaping sidewalk PARCEL 1 .I SF 4 T covered PO" sr N1 N2 N3 Driveway unit above above N1 W ro . eliminated porch X oavered 7 ALLEY saaw storage sl Si S2 s,- S3 qS�4 S4 0 in Po Pow ,idetratk _ LanJsaping Lattdscap%ng sidewaik Pro rtr LIn leas, 4;I ` Y, � parkJng spaces v`gg dg existing BAVAItIANINN JC 7 I open t0 • below \ nfd \y 0 r— Hike k. A- Racks 4) �• 5 1 t/l� i �c i V 5 ! 2- m 5 4 Patki g spaces �) myue.; snow storage _ Prooerty Line ALLEY NOTE: 11.� Two (2) a cessible u its, as required by Colorado Sta to �re twe units su9'244ally on zmae: wit be rooms on grade: Units 1 an S2, But ding S. 2. a existin Bavarian Inn is a pp�roxitnat i��rr 25' gti,ger _pen Lane Usg Re ttlations �eiinition, le, to a int point of the s oped roo suurrffaces. h4AIN ST. 5 i • c n h kn h NORT Bavarian Inn Housing 4 south 7.7.99 Exhibit A y H 00 SLEEKER ST. Landscaping sidetvaik PARCEL 1 18.051 sr •97 Acres cove d porc�i N2 N3 N1 N1 OR above above one t eliminated story s stories existing significant trees ALLEY b W1 eliminated snow storage _____ - _ - t Cz W2 t >; s•m' $a 3BR o =• 3story unit w ✓✓p' w O ' ' 8°a. 3 8R 3storyunit o i m I W3 , +'$ikg i k , $ac s� ^ R r----- W4 --- � 3storyunit ^ i S1 S1 S2 S3 S4 S5 S5 s-0 ' a W5 t one story 739I bfi 3 BR ]720 of 2 BR 1Bp s-f ] OR ] 28sf 2�R 1391 sf 3 BR one story + E° l 3 BR 3story unit o a , two stories o stories Zoe, one story two, Stories two stories - -- c d cove pore lmve�ed L-- -----s " I ; covered ; PARCEL 2 LP-0 ___1 . 78007 SF € Wye t� cove d :--------------1 cove d od i Porc�i i ; Porc�i ' _ t----------- ----------- --- --- - s cove�ed port _ - - -- -- - - - ------- ' ; Bik 'Rack + C 9{ Acres Pro era • Line � ___ luiint sidewalk sidewalk ^ Landscaping Landscaping MAIN ST, Landscaping sidewalk Property Lin. 180,51, — t•.trn• 6 parking spaces G existing existing lodge BAVAKIAN INN A ;C yam pen to Below t t�------•---- Bike , Racks L------------a 6 Parki9g spaces ALLEY snow storage NOTE: 1. Two (2) a cessiple u its, as re uired by Colorado Stattue are t ie unitses stantitr on ra " w7thedrooms on grade: Lin Building an� S2, Building S. 2. he existing Bavarian Inn is a pp oximatel 25' igh,, er Aspe Land Usg s e it ations definition, ie, to a col point of the sloped roo, surfaces. MAIN ST. i N 44.25 employees 40 bedrooms 32 Parking Spaces required 33 Parkiap �5paces prove a P=30' Bavarian Inn Housing 5 soutji 2 north 4 west 7.22.99 APPLICANT: LOCATION: ACTION: Amendment to the Land Use Code Standards applicable to a land use code text amendment: A. Whether the proposed amendment is in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. F. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. 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. � ' 1 NAME OF PROJECT: lib UN.S -Pe06d2-r4✓r--, CITY CLERK: L-o7-b4- t-� STAFF: 6'--0-Ie4S WITNESSES: (1) K-L-1�74 (s) EXHIBITS: 1 Staff Report p ( ) (Check If Applicable) 2 Affidavit of Notice ( ) (Check If Applicable) 3 Board Criteria Sheet ( (Check If Applicable) 4 5 MOTION: � ��'� LJ �lo • �D VOTE: YES NO 0 c -R2k5 AR44W YES NO ROGER HUNT YES ZN0 ROBERT BLAICH YES -" O RON ERICKSON YES NO JASMINE TYGRE YES ZNO TIMOTHY MOONEY YES 4ZN O STEVEN BUET 304 V YES�ZNO ro - u eM ff... co MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner RE: Code Amendments — Public Hearing (continued from 8.3:99) Accessory Dwelling Unit Program: . Growth Management Quota System — Section 26.470 Accessory Dwelling Units — Section 26.520 Accessory Dwelling Unit Definition — Section 26.104.100 Parking Regulations — Section 26.515.030 Special Review — Section 26.430 DATE: August 24, 1999 SUMMARY: Staff has held several work sessions concerning revisions to the Accessory Dwelling Unit (ADU) Program. During the April 6, 1999, work session, City Council, the Planning and Zoning Commission, and a few participating members of the Housing Board directed staff to return with a revised ADU Program meeting three essential goals: 1) A more effective program requiring occupancy deed restrictions for growth management ADU's. 2) A guaranteed quality of units by use of design standards. 3) A simpler approval process. Please find attached a proposed Resolution containing new code language for the ADU section of the land use code. Section 1 of this Resolution includes the new ADU Program. Section 2 includes the mandatory occupancy requirement for growth management exemption ADU's. Staff has highlighted important aspects of the new program under the heading "Main Issues." Staff recommends the Commission consider the proposed language, take and consider public testimony, and pass forward a recommendation of approval to the City Council. MAIN ISSUES: Growth Management Exemptions: . A specific request by elected and appointed officials has been to improve the occupancy level of ADU's. A primary point of concerns raised frequently by the Commission has been the low rate of community benefit (occupancy) in return for an exemption from the Growth Management Quota System. As the Commission has stated, an exemption from the more stringent requirements of growth management should only be granted when there exists a significant benefit to the community. This new ADU program amends the corresponding section of growth management by requiring an occupancy restriction on ADU's developed for the purpose of acquiring a single-family or duplex exemption. Please refer to Section 2 of the proposed Resolution. Design Standards: The new ADU Program suggests a set of minimum standards for ADU's. An applicant will need to demonstrate compliance with these in order to gain an approval. In the alternative, an applicant may seek a Special Review to alter the requirements. The Commission should be comfortable that these standards will result in an acceptable quality of units. Please refer to 26.520.050 within the proposed Resolution for the design standards. Process: One of the primary elements of the new Program is the review procedure. ADU's may be approved by the Director if they meet two simple standards: 1) the design standards have been accomplished; and, 2) a preliminary deed restriction has been reviewed by the Housing Office and will be recorded prior to a building permit application. Consistent with the existing Program, bandit units may be legalized if they are improved to the standards of the UBC. The new process allows for Special Review in two circumstances: 1) An applicant is seeking a variance from the design standards; or, 2) an appeal of the Director's determination is sought. These Special Reviews are heard by the Planning and Zoning Commission. If, however, the property is historically designated, the applicant has the ability to consolidate review procedures and seek Special Review approval from the Historic Preservation Commission. Similar to DRAC applications, the applicant cannot "shop for a Board." In other words, if the HPC denies a Special Review the application is completed. Incentives for Better Designed Units: A few earlier versions of a new ADU Program included FAR incentives for ADU's of greater quality. Examples of elements a developer could provide might be a full bath, a larger kitchen, a porch, or a deck. The existing code grants an FAR bonus for detached, above grade ADU's (the typical alley house style of development). The "bonus" allows only half the square footage of the ADU to count towards the allowable for the property. Based on previous discussions with the Commission, staff has eliminated these incentives from the proposed language. The Commission should be comfortable with the elimination of these incentives from the code. 2 Extension of Program to other Zone Districts: The current regulations allow ADU's as a conditional use in all residential zone districts except for the R-15 B, AH 1-PUD, and Mobile Home Park Zone Districts. The R-15 B Zone District, Eastwood Subdivision, was annexed into the City with an agreement that ADU would not be allowed in the zoning. Staff is not proposing to amend this circumstance, until a petition from the neighborhood is advanced. The AH 1-PUD Zone District does not allow for ADUs. Staff believes extending the Program to this zone district would benefit the ADU Program and the community's desire to create additional affordable housing opportunities.. Staff is recommending this ADU Program be extended to the AH 1-PUD Zone District. The Mobile Home Park (MHP) Zone District does not allow ADU's. The land use approvals for the Smuggler Park Subdivision did not contemplate ADU's, as the ADU Program was adopted until much later. As individual lots within the park are redeveloped with frame construction, there exists the opportunity to incorporate ADU's into the structures. Also, when the older pre -fabricated units are removed and replaced with frame construction, the developer is required to seek an exemption from growth management. Staff believes that allowing ADU's within the MHP Zone District would further the goals of the ADU Program and provide additional housing opportunities for local working residents. Staff is recommending the ADU Program be extended to the MHP Zone District. APPLICANT: Community Development Department. PREVIOUS ACTION: The Commission requested these code amendments during the April 6, 1999, work sessions with City Council. The Commission opened the public hearing on this topic on August 3, 1999, and continued to this date. The Commission has not consider the amendment or taken public testimony. REVIEW PROCEDURE: Code Amendment. The Commission shall recommend approval, approval with . conditions, or denial to the City Council during a public hearing. RECOMMENDED MOTION: "I move to adopt Resolution 99 W2_#, recommending City Council adopt the Accessory Dwelling Unit Program Code Amendments as presented by staff in the Community Development Department memo dated August 24, 1999." ATTACHMENTS: Exhibit A -- Staff Comments 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.5209 APPROVE AN AMENDMENT TO THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470 OF THE LAND USE CODE, APPROVE AN AMENDMENT TO THE ZONE DISTRICT ESTABLISHED IN SECTION 26.7109 APPROVE AN AMENDMENT TO THE DEFINITION OF "ACCESSORY DWELLING UNIT," SECTION 26.104.100 OF THE LAND USE CODE, APPROVE AN AMENDMENT TO THE OFF-STREET PARKING REGULATIONS, SECTION 26.515.030 OF THE LAND USE CODE AND APPROVE AN AMENDMENT TO SPECIAL REVIEW, SECTION 26.430 OF THE LAND USE CODE. Resolution #99 - WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Accessory Dwelling Unit Program provisions of the land use code pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to Sections 26.520, 26.470, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.520, 26.470, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the existing and proposed Accessory Dwelling Unit Program on August 3, 1999, and continued the hearing to August 24, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a to vote, City Council adopt the proposed Accessory Dwelling Unit Program amendments to the land use code by amending the text of sections 26.520, 26.470, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council should adopt the Accessory Dwelling Unit Program by amending the Land Use Code of the Municipal Code, as follows: P&Z Reso. 9 page g e l _� Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council -replace Section 26.520 Accessory Dwelling Units, in total, with the following language: 26.520 Accessory Dwelling Units 26.520.010 Purpose 26.520.020 Definition 26.520.030 Authority 26.520.040 Applicability 26. 520.050 Design Standards 26.520.060 Calculations and Measurements 26.520.070 Deed Restrictions, Recordation, Enforcement 26.520.080 Procedure 26.520.090 Amendments 26.520.010 Purpose The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long- standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between working residents and part-time residents. ADUs represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as "employee housing." ADUs also help to address the affects of existing homes, which have provided workforce housing, being significantly redeveloped, often as second homes. ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on -site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, ADU's deed restricted to mandatory occupancy provide for an exemption from the Growth Management Quota System for existing vacant lots of record and for significant redevelopment of existing homes. 26.520.020 General An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in size and character. ADUs are located on the same lot, or P&Z Reso. 9 page 2 contiguous lots under the same ownership, as the primary residence in conformance with the zone district in which the property is located. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the primary residence, and an ADU shall not be considered a unit of density with regard to zoning requirements. All ADUs shall be developed in conformance with this Section. 26.520.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter and of Common Development Review Procedures, Section 26.304, shall approve, approve with conditions, or disapprove a land use application for an Accessory Dwelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions, or disapproved, pursuant to Section 26.520.080. A land use application requesting a variation of the ADU design standards shall be approved, approved with conditions, or disapproved by the Planning and Zoning Commission, pursuant to Section 26. 520.080. If the land use application requesting a variation of the ADU design standards is part of a consolidated application process, authorized by the Community Development Director, requiring consideration by the Historic Preservation Commission, the Historic Preservation Commission shall approve, approve with conditions, or disapprove the variation, pursuant to Section 26. 520.080. 26.520.040 Applicability This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a permitted use, as designated in Section 26.710, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance , Series of 1999. 26. 520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080 Procedure: l . An ADU must contain between 300 and 800 net livable square feet, 10% of which must be closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible. This does not preclude a second interior entrance to the primary residence; P&Z Reso. 99- page 3 b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. 3. One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. 4. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 6. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. 7. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. 26. 520.060 Calculations and Measurements A. Floor Area. ADU's are attributed to the maximum allowable floor area for the given property on which they are developed, pursuant to Section 26.575.020 Calculations and Measurements. B. Net Livable Square Footage. ADUs must contain between 300 and 800 square feet of net livable floor area, unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimensions of the unit. 26.520.070 Deed Restrictions, Recordation, and Enforcement. A. Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: P&Z Reso. 99page 4 • The ADU shall be registered with the Aspen/Pitkin County Housing Authority. • Any occupant of an ADU shall be qualified as a local working resident according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended. • The ADU shall be restricted to lease periods of no less then six months in duration, or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. Accessory Dwelling Units qualifying a property for an exemption from the Growth Management Quota System, pursuant to Section 26.470.070(B), shall be deed restricted to Mandatory Occupancy. This additional restriction requires the ADU be continuously occupied by a local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitkin County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. B. Enforcement. The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. 26.520.080 Procedure A. General. Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify the requirements of the ADU Program. A development application for an ADU shall include the requisite information and materials, pursuant to Section 26.304.030. In addition, the application shall include scaled floor plans and elevations for the proposed ADU. The application shall be submitted to the Community Development Department. An application to legalize a Bandit Unit shall include the same information and materials described above and shall be reviewed pursuant to this Section. P&Z Reso. 99 page 5 ADUs require a separate building permit. After a Development Order has been issued for an ADU, a building permit application may be submitted in conformance with Section 26.304.075. - B. Administrative Review. In order to obtain a Development Order for an ADU, the Community Development Director shall find the ADU in conformance with the criteria for administrative approval. If an application is found to be inconsistent with these criteria, in whole or in part, the applicant may either amend the application, apply for a Special Review to vary the design standards, or apply for an appeal of the Director's finding pursuant to Subsection C, below. An application for an ADU may be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction shall be recorded prior to an application for a building permit. C. Appeal of Director's Determination. An appeal of a determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection C, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Chapter 26.304. Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to section 26.304, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, P&Z Reso. 99Z? , page 6 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an ADU, the Aspen/Pitkin County Housing Authority, or the Chief Building Official, shall inspect the ADU for compliance with the Design Standards. Any un-approved variations from these standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy. 26.520.090 Amendment of an ADU Development Order A. Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, section 26.520.050, or does not exceed approved variations to the design standards; and, 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. B. Other Amendments. All other amendments to an approved development order for an Accessory Dwelling Unit shall be reviewed pursuant to the terms and procedures of this Section. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470.070(B), subparagraphs 1 and 2, as denoted by the inclusion of the following underlined language: 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) deed restricted to Mandatory Occupancy, pursuant to Section 26.520; b. paying the applicable affordable housing impact fee; or P&Z Reso. 99- page 7 c. recording a resident -occupancy deed restriction on the single-family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have five (5) options: a. providing one free market dwelling unit and one deed restricted, resident - occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet deed restricted to Mandatory Occupancy, pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum floor area of three hundred (300) square feet deed restricted to Mandatory Occupancy, pursuant to Section 26.520; d. providing two deed restricted, resident -occupied dwelling units; or e. paying the applicable affordable housing impact fee. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.430.030 Special Review with the addition of the following language, denoted by add: Special review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: • Dimensional requirements (Chapter 26.710 - Zone Districts), • Replacement of non -conforming structures ( Chapter 26.312) • Reduction of open space requirements in CC zone district (Section 575.030(B))5 • Off-street parking requirements (Section 26.515.040), • Reductions in the dimensions of utility/trash service areas (Section 26.575.060)3 • Subdivision standards (Section 26.480.050). • Accessory Dwelling Unit Design Standards (Section 26.520) Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.430.030 Special Review with the addition of the following language, denoted by add: H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory P&Z Reso. 99,-2 page 8 Dwelling Units, it shall be considered in accordance with the standards set forth at Section 26.520.080(D). Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the definition of "Accessory Dwelling Unit," Section 26.104.100 by striking, as denoted by sue, language to the definition of the term as follows: Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or parcel, and which meets the occupancy, dimensional and other requirements set forth in Section 26.520.= of this Title. Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.515.030 Required Number of Off Street Parking Spaces by striking and adding, denoted by strike and add, language to the note, denoted by an asterisk (*), regarding the requirement for residential uses *For single-family and duplex residential use and multi -family use: two (2) spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to Chapter 25.430 for historic landmarks only, and fewer spaces may be provided pursuant to Chapter 26.42,.S520, for accessory dwelling units only. One (1) space/dwelling unit is required if the unit is either a studio or one -bedroom unit. Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.710 Zone Districts by striking and adding, denoted by strike, and add, language to following zone districts: 26.710.040 Medium -Density Residential (R-6). 26.710.050 Moderate -Density Residential (R-15). 26.710.060 Moderate -Density Residential (R-15A). 26.710.080 Low -Density Residential (R-30). 26.710.090 Residential Multi -Family (R/MF). 26.710.100 Residential/Multi-Family (R/MFA). 26.710.130 Rural Residential (RR). 26.710.140 Commercial Core (CC). 26.710.150 Commercial (C-1). 26.710.180 Office (0). P&Z Reso. 994 page 9 26.710.190 Lodge/Tourist Residential (L/TR). 26.710.220 Conservation (C). Conditional • Y • •Ui;its •• • • • • • • • • Permitted Use: Accessory Dwelling Units meting the provisions of Section 26.520. Section S: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.710 Zone Districts by adding, denoted by add, language to following zone districts: 26.710.110 Affordable Housing/Planned Unit Development (AH 1 /PUD). 26.710.120 Residential Mobile Home Park (MHP). Permitted Use: Accessory Dwelling Units meting the provisions of Section 26.520. Section 9: Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on August 24, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair C:\home\CHRISB\CASES\ADU—CODE\ADU—Reso.doc P&Z Reso. 99--oZ page 10 Exhibit STAFF COMMENTS: Text Amendment Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, 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: The proposed code amendment intends to simplify the process and increase the performance of Accessory Dwelling Units. Specific provisions encourage units which provide the affordable housing with high quality units. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the ADU Program are supported by the AACP. There are many references to ADU's and Cottage Infill, as well as interspersed employee housing to promote a healthy social fabric and a balance between the resort and the community. The intention of growth management is to ensure growth of exempt free-market housing is off -set with an equal benefit to the community. Projects, including single-family residences, are scored on a set of community benefit criteria; the highest scored projects of that year gaining allotments. The exemption procedure sets a minimum level of community benefit for residential lots created before GMQS. An ADU has been part of this minimum threshold. However, the community expected an approximate 80% utilization of these ADUs when the program was initiated. Actual utilization has been more in the range of 25%, with some units functioning as guest rooms, etc. In a community where preserving a "critical mass" of local working residents is so important, the community has expressed disappointment with providing exemptions from growth management for guest rooms. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment is proposed for all residential zone districts and also mixed use zones where a single-family or duplex could be developed except for the R-15B Zone District. Due the relative size of these units compared with a primary unit on the site, staff feels staff comments page 1 these accessory dwelling units will be compatible with typical land uses, densities, and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposed Program encourages a "critical mass" of residents Upvalley and within walking or transit distance to land uses frequently accessed such as employment, recreation, shopping, etc. Staff believes more residents in town, either able to walk to destinations or drive a shorter distance, will lessen traffic generation and further enhance the pedestrian friendliness of Aspen. ADU's do represent additional living units and more cars on local streets. However, this needs to be weighed against substantially longer commuter trips from Downvalley for commuters and for employees of primary residences. Staff believes there exists a significant community benefit associated with this proposed Program. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The types of uses and densities possible with the existing ADU program has not presented excessive demands on public facilities. The development permit process does address some of these concerns through tap fees, park fees, and drainage plans. Other impact fees are only applied to subdivisions, such as the school impact fee. Additional employee units of any type will represent additional burdens on the infrastructure. The community has demanded more affordable housing with the expectation that some of this development may require additional general services. Generally, additional development within already developed areas can be served with basic services more readily compared with greenfield development. Also, preserving and enhancing a healthy social balance with integrated affordable housing addresses the most important infrastructure - the social infrastructure and sense of community. . F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The ADU Program as proposed would allow an applicant to vary dimensional requirements of the underling zoning with a review by the Planning and Zoning Commission. This would be unchanged from the current program and each case could be staff comments page 2 reviewed for its individual merits. Generally, staff believes this Ordinance will encourage shorter commuting trips which has obvious environmental benefits. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: One of the most profound differences between Aspen and other mountain resort towns is its history as a "real" town. Although there are continual challenges to the original theme, Aspen is not merely a real estate development accessory to a resort economy, it is a town. Characteristic of traditional towns, and important to Aspenites as expressed in the Community Plan, is a "critical mass" of residents and an interspersed social layering. The interspersed nature of these units will promote community charcter. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The original ADU Program expected 80% utilization of these units without occupancy requirements. Actual utilization has been around 25%, far below expectations. Also, this ADU program, as proposed, will emphasize the provision of units on -site rather than a cash -in -lieu payment; a policy the Housing Authority has promoted for years. 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: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for integrated affordable housing opportunities within established neighborhoods. The community has favored infill opportunities over large scale greenfield solutions to affordable housing. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing on -site employee housing opportunities for working residents and reducing the dependence of the automobile by providing housing near employment and recreation centers. Fewer long distance commuter trip represents good environmental policy and providing incentives for high quality living units promotes healthy living conditions. staff comments page 3 APPLICANT: LOCATION: ACTION: Amendment to the Land Use Code Standards applicable to a land use code text amendment: A. Whether the proposed amendment is in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. 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. NAME OF PROJECT: -XD" '—PiP-0 CITY CLERK: -zj--a-r�4 { e STAFF: WITNESSES: (1) (3) (4) (5) EXHIBITS: 1 Staff Report ( ) (Check If Applicable) 2 Affidavit of Notice ( ) (Check If Applicable) 3 Board Criteria Sheet ( ) (Check If Applicable) 0 5 VOTE: YES �a NO 0 YES NO ROGER HUNT YES V NO ROBERT BLAICH YES O RON ERICKSON YES �NNO JASMINE TYGRE YES O TIMOTHY MOONEY YES NO YES /NO —b�1 Memorandum To: Aspen Planning and Zoning Commission Thru: Julie Ann Woods, Community Development Director ; From: Stephanie Millar, Senior Long -Range Planner Date: August 24, 1999 Re: Moore Property Rezoning Summary The effective date of the Moore PUD Property annexation into the City of Aspen was July 27, 1999. The City of Aspen Code requires that the parcel be rezoned within 90 days of annexation. This rezoning action will change the underlying zoning of the parcel, but the overlying PUD will continue to apply. Background The Moore Property is approximately 215 acres. The property is located between the Aspen Highlands Ski Area (AHSA) and the High School Complex. The primary access to the property is Maroon Creek Road. The approved PUD for the site includes: • 40 single family free-market residential lots • 31 affordable single family residential units • Ski Club facilities, and • Ski lift from the high school area to the top of Powder Bowl • Open Space, trails and other recreational amenities Based on the proposed PUD uses and lot sizes, staff has determined that the following zone designations would be most appropriate with the PUD Overlay: Blocks Block A: R-15 Block B: PUB Block C: R-15 Block D: R-15 Block E: R-30 Block F: R-15 Block G: R-30 Open Space Areas Open Space Area 1: Conservation Open Space Area 2: Conservation Open Space Area 3: Conservation Open Space Area 4: Conservation Open Space Area 5: Conservation Open Space Area 6: Conservation Open Space Area 7: Conservation Open Space Area 8: Conservation Open Space Area 9: Conservation Open Space Area 10: Conservation Open Space Area 11: Conservation Open Space Area 12: Conservation Other Parcels Lot 1, Parcel A: Park Lot 2, Parcel A: Park Referral Comments: The information on the proposed rezoning of the Moore PUD was discussed at an August 11 Development Review Committee Meeting. The Parks Department expressed an interest in having language added to the ordinance which made clear that trails, paths and walkways as identified in the final recorded plat are considered accessory uses to the permitted uses in the zone district; and that the uses in the Conservation and Parks zone districts are further limited by the James E. Moore Family LLLP Declaration of Covenants, Conditions and Restrictions dated August 10, 1998. These two items were added to the ordinance. No other comments were made. Discussion The zoning designations will not impact the adopted PUD but comply with the general categories of usage for each area. The compliance with the Standards of Review (Section 26.130.040) are outlined in the attached document, Exhibit A. Recommendation Staff recommends adopting the zoning designations as described above. Recommended Motion "I move to recommend to City Council Resolution number 43-99 which establishes the underlying zoning for the Moore PUD finding that this rezoning complies with the standards of review set forth in Section 26.310.040 of the Land Use Code." Exhibit A Standards of Review Moore PUD Rezoning 26.310.040 Standards of Review. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and 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 rezoning is not in conflict with any portion of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: The proposed rezoning is consistent with the Aspen Area Community Plan. While the AACP does not specifically address this property, it does indicate that additional Moore family owned lands in the vicinity are suitable for consideration as future affordable housing sites. 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 rezoning is compatible with surrounding zone districts and land uses and is compatible with the adopted PUI) for the property. The surrounding zoning and land uses in the area include the Meadowood Subdivision to the east, which is zoned R-30 in the County. To the west is the Aspen School District facility (PUB) and the Iselin Park area (PARK). To the southwest is the Highlands PUD in the County. . The language of the resolution further supports existing land uses and neighborhood characteristics by reiterating existing restrictions and agreements between the City and the Meadowood Homeowners Association. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposed rezoning of this property does not impact traffic generation or road safety beyond the impacts already anticipated and mitigated for under the adopted PUD. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The proposed rezoning of this property does not place demands on public facilities beyond the impacts already anticipated under the adopted PUD. The developer is obligated to install the necessary infrastructure, parkland has been dedicated, and emergency medical facilities are located within one mile of the property. F. Whether and the . extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Findinp-: The proposed rezoning of this property does not impact the natural environment beyond the impacts already anticipated under the adopted PUD. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The proposed rezoning of this property is consistent and compatible with the proposed character of Aspen. This is a residential area in proximity to schools and recreational facilities. It bridges other residential areas and is well served by existing and proposed infrastructure. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. The proposed rezoning of this property is consistent with the adopted PUD and is required by law following the annexation of property. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: Assigning zoning to this parcel must be accomplished within 90 days of the final annexation. The proposed zone districts represent the closest approximation to the uses approved within the PUD by Pitkin County, and do not pose any conflicts with the public interest. Staff believes the proposed zoning district promote the purpose and intent of this Title and is in harmony with the public interest. A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN RECOMMENDING THE REZONING OF THE MOORE PUD SUBDIVISION Parcel Number: 273514112150 RESOLUTION Not-399 (SERIES OF 1999) WHEREAS, a parcel of land located between the Aspen Highlands Ski Area (AHSA) and the High School Complex on Maroon Creek Road, commonly known as the Moore Subdivision (the property), was annexed into the City of Aspen on July 27, 1999 pursuant to Resolution 42, Series of 1999; and, WHEREAS, the property is approximately 215 acres, parcel number 273514112150, and is legally described in attachment A of this Ordinance; and WHEREAS, the Planning and Zoning Commission of the City of Aspen must recommend to the City Council changes to the Official Zone District Map (Rezoning) after taking and considering the 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 29.62; and WHEREAS, during a duly noted public hearing on August 24, 1999, the Planning and Zoning Commission took and considered testimony and recommended, (by a to vote), the Planning and Zoning Commission recommends this property in the zone districts as set forth herein; and, WHEREAS, the adopted PUD will continue to control the uses and variances allowed on the property; and WHEREAS, trails, paths and walkways as identified in the final recorded plat are considered accessory uses to the permitted uses in the zone district; and WHEREAS, the uses in the Conservation and Parks zone districts are further limited by the James E. Moore Family LLLP Declaration of Covenants, Conditions and Restrictions dated August 10, 1998 (also known as the Moore Playing Fields Agreement); and WHEREAS, the Planning and Zoning Commission finds that zone districts listed above are the most appropriate zoning classifications for this property, meets or exceeds all applicable standards, and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this ordinance is necessary for the promotion of public health, safety, and welfare. NOW THEREFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDS THAT: Section 1: Blocks shall be zoned as follows: Block A, C, D and F: R-15, Block B: PUB, Block E: R-X Block G: R-X Open Space Areas 1 - 12: Conservation Lots 1 and 2, and Parcel A: Park APPROVED by the Commission at a regularly scheduled public hearing. on August 24, 1999. Attest: Planning and Zoning Commission: Jackie Lothian, Deputy City Clerk Bob Blaich, Chairperson /:10a Z$IijIIiN." .Cy o]ITO 10145TI David Hoefer, Assistant City Attorney C:mydocs/annexation/moorereso.doc O �� o (D oCr 0 0 �M# 0 Cl) (D cD C-) 03 ;:3. CD o cD 0 c 0!""�` 0 c cn 9 O O CD CD --------- P-4. ;-Ali All Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) S4e c. being ing 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: l . 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 (300) feet of the subject property, as indicated on the attached list, on the 0 day of 199 (which is days prior to the public hearing date of Z ), 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 da -� Y of , 199�, to the day of , 199 �- . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. ignature (Attach photograph here) Signed before me this PY&Y of - 19, by Y PU 1 � JXCO W1 OFFICIAL SEAL ��9T aye lily Co ~ : .4 % 0� Public 0 ALLEN GERALD D & ELEANOR TRUSTEES 0165 HEATHER LN AC°FN CO 81611 ASPEN SCHOOL C :7TRICT 0235 HIGH SCHOC,- RD ASPEN CO 81611 ANDERSON THOMAS J & JEANETTE G PO BOX 226 ASPEN CO 81612 AYRES R WILLIAM JR & REBECCA T 28 LARKSPUR LN ASPEN CO 81611 ASPEN HIGHLANDS MOUNTAIN LLC PO BOX 1248 ASPEN CO 81612 BRADFORD DEBORAH PO BOX 4856 ASPEN CO 81612 BRADFORD DEBORAH BROWN JOHN H & SOUTHPAC TRUST BURNS SUSAN T TRUST PO BOX 4856 INTRNTL 404 GLEN EAGLE DR ASPEN CO 81612 CO -TRUSTEES- RWKW TRST SETTLMNT ASPEN CO 81611 OF TRST P0BOX 11150 ASPEN CO 81612 CARLSON DOUG M & MARY M PO BOX 4 ASPEN CO 81612 CARSON L KELLEY CARTER ELIZABETH UND 30% INT PO BOX 8927 PO BOX 1539 ASPEN CO 81612 ASPEN CO 81612 CHURCH OF JESUS CHRIST OF LATTER CLUB PROPERTIES INC DAY STS A COLORADO CORP C/O REAL ESTATE DIVISION 1 GROVE ISLE DR SE 1501 50 c: N TEMPLE MIAMI FL 33133 '-AKE CITY UT 84150 DOREMUS ANDREW J & JEANNE C DAKS CALVIN Z 78.107 /o 889 S STARWOOD DR 85 GLEN GARRY DR ASPEN CO 81611 ASPEN CO 81611 FLEISHER DAVID M BERKO GINA R 292 GLEN EAGLES DR ASPEN CO 81611 GASTON PAUL E & DANA H 16 BRYNWOOD LN GREENWICH CT 06831 GLICK FAMILY TRUST 1033 MAYBROOK DR BEVERLY HILLS CA 90210 FRAMPTON GEORGE T JR C/O US DEPT OF THE INTERIOR 3215 NEWARK ST NW WASHINGTON DC 20008 GERSCHEL CHRISTINE A PO BOX 2985 ASPEN CO 81612 GODFREY H LEE & SANDRA S 1000 LOUISIANA ST STE 5100 HOUSTON TX 77002-5013 CROWN A STEVEN CROWN NANCY C AS JT TENANTS 222 N LASALLE ST #2000 CHICAGO IL 60601 DUFFEY MARY A PO BOX 3652 ASPEN CO 81612 FRANCIS JUDI B 201 HEATHER LN ASPEN CO 81611-3347 GILL RICHARD PO BOX 242 ASPEN CO 81612 GOTTLIEB HOWARD L TRUST 50% 101 N WACKER DR CM-201 CHICAGO IL 60606 `NWAY MARY CONOVER HALL CHARLES E & DEBORAH A HALL NANCY TATE _.LEN EAGLES DR PO BOX 10122 PO BOX 1819 A5r'I#N CO 81611 ASPEN CO 81612 ASPEN CO 81612-1819 HAMPEL WALTER F 290 HEATHER LN ASPEN CO 81611 JITKOFF JULIA A 16% HJAJ TRUST A 44% PO BOX 193 KINGSVILLE TX 78363 LAUG TRUST 11165 OLD HARBOUR RD NORTH PALM BEACH FL 33408 MOLLER DIANE T 0280 GLEN EAGLES DR ASPEN CO 81611 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ASPEN CO 81611-8500 PAYNE MARYBELLE R PO BOX 9878 ASPEN CO 81612 HARDY GORDON A 32.92% PO BOX 1108 ASPEN CO 81612 KOBACKERJEFFREY M KOBACKER CARMEN G 205 GLEN EAGLES DR ASPEN CO 81611-3302 LEMONS THOMAS E & CHERYL D DUBRULE 187 HEATHER LN ASPEN CO 81611 MOORE ALBERTA L PERS RES TRUST PO BOX 126 WOODY CREEK CO 81656 NORTHCASTLE INC C/O LA SALLE JOHN 200 PITKIN MESA DR ASPEN CO 81611 PEDERSEN TAGE & PAULINE L 0701 MEADOWOOD DR ASPEN CO 81611 JENKINS JANE JOHN PO BOX 4152 ASPEN CO 81612 LATHROP TAD N & STEPHANIE M PO BOX 2779 ASPEN CO 81612 MEEKER RICHARD J & ALLISON D 0752 MEADOWOOD DR ASPEN CO 81612 MORTON RICHARD & HELEN 180 SOLANO PRADO MIAMI FL 33156-2350 PAPPER PATRICIA 1 GROVE ISLE DR STE 1501 MIAMI FL 33133 PHILLIPS PAMELA PO BOX 11257 ASPEN CO 81612 POLLOCK PERRY H RICHARDS CHARLES F JR TRUSTEE RUBIN NANCY HIRSCH QUAL PERS P 0 BOX 950 2204 N GRANT AVE TRUST ASPEN CO 81612 WILMINGTON DE 19806 C/O NEXT CENTURY COMMUNICATIONS 1400 KEY BLVD 1 ST FL ARLINGTON VA 22209 RUMSEY BRONSON C & DIANA S SANGER MARIUS & CLARE SCHUMACHER BARRY LEE PO BOX 7787 133 BLUEBONNET TR SCHUMACHER JUDY M ASPEN CO 81612 ASPEN CO 81611-3326 0115 GLEN EAGLE DR ASPEN CO 81611 SCHWEPPE DAVID P SCHWEPPE VALERIE G 0750 MEADOWOOD DR ASPEN CO 81611 SECRIST MARYELLEN D 174 LARKSPUR LN ASPEN CO 81611 SMART MARY E PO BOX 799 ASPEN CO 81612 TENANCY IN COMMON ARTIN D SIEGEL STEARN LEATHEM WACHNER LINDA J TAMWORTH RD 37 FERRY LN 200E 65TH ST FORT WORTH TX 76116 WESTPORT CT 06880 NEW YORK NY 10021 WALTER WILLIAM C & SUSAN COLBY WHITMAN WAYNE & FRAN WHITSELL TRUST C/O NORTHERN TRUST BANK 2499 PILGRIM HIGHWAY PO BOX 457 LA S 50 SALLE ST FRANKFORT MI 49635 CLEARWATER FL 33757-0457 50 LA O IL 60675 WILSON ROBERT E & LU LYNN WILTON ALICE ELIZABETH WISE MARY 31/32 PO BOX 8425 1550 N ST PKWY 0252 HEATHER LN ASPEN CO 81612 CHICAGO IL 60610 ASPEN CO 81611 ASPEN PITKIN F i COMMUNITY DEVELOPMENT DEPARTMENT t PUBLIC NOTICE RE: MOORE PROPERTY REZONING TO R-15, R-30, PUB, CONSERVATION AND PARKS ZONE DISTRICTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 24, 1999 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to rezone the property to Moderate Density Residential (R-15), Low Density. Residential (R-30), Public (PUB), Conservation and Parks (P) Zone Districts. The property is located between the Aspen Highlands Ski Area (AHSA) and the High School Complex. It is near the proposed Islin Park area. The primary access to the property is Maroon Creek Road. For further information, contact Stephanie Millar at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102: s/Bob Blaich, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 6; 1999 City of Aspen Account G:/planning/4spen/notices/mooxerezone. doe 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 FAx 970.920.5439 Printed on Recycled Paper NAME OF PROJECT: I�-� (� rL'� j��p CITY CLERK: �.A,gl� (-GTH-i,&.fj STAFF: WITNESSES: (1) (2) (3) (4) (5) EXHIBITS: 1 Staff Report ) (Check If Applicable) 2 Affidavit of Notice ( ) (Check If Applicable) 3 Board Criteria Sheet (Check If Applicable) fl 5 Mal IuV VOTE: YES -L-)1VO Q YES NO ROGER HUNT YES NO ROBERT BLAICH YES NO RON ERICKSON YES NO JASMINE TYGRE YES NO TIMOTHY MOONEY YES NO STEVEN BURTIOR YES NO YES NO r%; � �A I �&V I (i