HomeMy WebLinkAboutagenda.apz.20011106AGENDA
ASPEN PLANNING & ZONING COMMISSION
.REGULAR MEETING
TUESDAY, NOVEMBER 6, 2001
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES �� OCte ! to ,2-ab/� � rl f�j �cx� J� i� E� � � tea, A,101. !-, 2-000)
III. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. 629 W. SMUGGLER LANDMARK DESIGNATION, Amy Guthrie,
(Continued from 10/16), Continue To 12/4
B. MAROON CREEK CLUB PUD AMENDMENT- CLUBSIDE DRIVE
SECURITY GATE, James Lindt `�- - 0
C. LAND USE CODE AMENDMENT TO SECTION26.520, ACCESSORY
DWELLING UNITS- ELIMINATE MANDATORY OCCUPANCY FLOOR
AREA BONUS, Chris Bendon (City is Applicant) -A PPQa,qEj --T ---o
D. LAND USE CODE AMENDMENT TO SECTION 26.520, ACCESSORY
DWELLING UNITS- AMENDING EXISTING MANDATORY
OCCUPANCY DEED RESTRICTION, Chris Bendon (Applicant is Ken and
Lindsay Lay) M-) -:T C)
E. LAND USE CODE AMENDMENTS TO SECTION 26.435.040, STREAM
MARGIN REVIEWS- ADOPTION OF STREAM MARGIN MAP AND
AMENDMENT TO REVIEW AUTHORITY, James Lind -4 --0
F. LAND USE CODE AMENDMENTS TO SECTION 26.480, SUBDIVISION -
ALLOW FOR SUBDIVISION WITHOUT FIRST GOING THROUGH
GMQS, Chris Bendon
IV. ADJOURN
CITY AGENDA
City Council-2"d and 4th Mon. @ 5:00 PM, P/Z-1st and 3d Tues. @ 4:30 PM,
HPC-2nd & 41h Wed. @ 5:00 PM. BOA Thurs. @ 4:00 PM, or as needed
Revised 10/29/01
11/5 Council/PZ/HPC works.ession with Debbie & Grady 5:00 with food
11/6 P/Z (4:30) 'Closed
Notice 10/16
Stream Margin TOS Code Amend. PH-JL
Maroon Creek Club PUD Amendment PH-JL
ADU Code Amend(re. existing mand.occ. (A. Richman) PH -CB
ADU Code Amend(re. elimin. mand.occ. (City initiated) PH -CB
629 W. Smuggler -Landmark PH (Cont. from 8/21, 10/16, 11 /6 to 12/4)-AG
Code Amend (re. Subd. w/o GMQS) cost. to 12/4-CB
11/12 Council (5:00)
Notice: 10/23
Petrick Annexation (cont. from 10/9)
11/13 P/Z 'Closed 5:00 P.M. @ the Library
Notice: 10/23
AMPUD Lot 5 (Grand Aspen) PH-JAW/FJ
11/14 HPC (5:00) 'Closed
Notice: 10/23
Hotel Jerome cont. from 9/26
HP Code Amendments PH
11/20 P/Z (4:30)-CLOSED
Notice: 10/30
HP Code Amendments PH
Camp Special Review and Variance PH-JL
Fleck Special Review for ADU PH-FJ
Hazen Stream Margin Review -SO
11/26 Council (5:00)
Notice: 11 /6
HP Code Amendments 1st Reading
Cemetery Lane PH-2nd Reading
629 W. Smuggler Appeal of HP Decision St. Clair/Hoffman (Cont. from 10/22)-AG
Little Red School Haus Tempory Use PH JL
11/28 HPC (5:00)- CLOSED
Notice: 11 /6
Innsbruck Conceptual Signif./Partial demo. (cont. from 10/10)
110 E. Bleeker-WS
319 W. Francis (tent.)
735 W. Bleeker
409 E. Hyman- minor (cont. from 10/24)
Endorsement of HP Incentives
12/3 Council
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Aim Woods, Community Development Director
Joyce Ohlson, Deputy Director` - O
FROM: James Lindt, Planning Technician J�—
RE: Maroon Creek Club PUD Amendment - Public Hearin
DATE: November 6, 2001
APPLICANT /OWNER:
Clubside Drive Homeowner's Association
REPRESENTATIVE:
Bill Itzla, Maroon Creek Construction
LOCATION:
Entrance to Clubside Drive in the Maroon Creek Club PUD
CURRENT ZONING:
R/MFA PUD
PROPOSED LAND USE REQUEST:
Amendment to the Planned Unit Development
SUMMARY:
The applicant wishes to obtain an amendment to the Maroon Creek Club Planned Unit
Development (PUD) for the purpose of constructing a privacy/security gate at the
entrance to Clubside Drive. Clubside Drive is a private road that serves eight (8) town
homes that abut the Maroon Creek Club Golf Course in the Maroon Creek Club Planned
Unit Development.
REVIEW PROCEDURE
An amendment found to be consistent with or an enhancement of the approved final
development plan by the Community Development Director, but which does not meet the
established thresholds for an insubstantial amendment, may be approved, approved with
conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant
to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall
be considered the final action, unless the decision is appealed to City Council.
STAFF COMMENTS:
The applicant, Clubside Drive Homeowner's Association, represented by Maroon Creek
Construction, requests an amendment to the Maroon Creek Club Plaimed Unit
Development (PUD) for the purpose of constructing a security/privacy gate at the entrance
to Clubside Drive. The proposed gate would be approximately seven (7) feet tall and span
across the entire road entrance to the eight (8) town homes. The proposed entry gate would
be operated by a telephone entry keypad with a code and a Knox Box for emergency
vehicles to gain access.
The PUD criteria specifically discourages security gates and is set up to minimize them
within major Planned Unit Developments such as the Maroon Creek Club PUD. PUD
Review Standard 26.445.050(I)(6) specifically calls out that security gates, guard posts, or
other entryway expressions for a PUD, or for lots within a PUD, be minimized to the extent
practical. Given that the proposed security gate directly contradicts the aforementioned
review standard, the proposed application cannot be supported by staff. Staff strongly
believes that this standard is intended to prevent entire neighborhoods from segregating
themselves from the rest of the Community by constructing security gates. Staff feels that
a security gate in this instance would unintentionally segregate these towl-homes from the
rest of the community.
Staff is also concerned with possible traffic congestion and safety issues that could arise as
a result of the proposed security gate. Cars that turn in and are unable to pass through the
gate will then have to turn around or back out and may cause a traffic problem and safety
risk to other drivers trying to enter Clubside Drive. The proposed security gate would
likely also increase parking on Stage Road because of the inability of cars to access
Clubside Drive for deliveries and other matters. _
The applicant is proposing the gate to keep out people looking for the Maroon Creek
Clubhouse. Staff feels that the applicant's objective can be met in other ways without this
physical impediment and creating a gated, exclusive community of eight town homes.
Staff believes that there are better viable alternatives such as possibly asking the Maroon
Creek Club to increase the identification signage on Stage Road.
Staff cannot support the application because of the direct conflict with the intent of PUD
Review Standard 26.445.050(I)(6), however, the design of the gate appears to be sound
from a technical use standpoint. Emergency service agencies were consulted about the
design of the gate. The Fire Department and Ambulance Services had no major issues with
design of the proposed gate because a key box would allow for them to enter at all times.
Security gates are common throughout Pitkin County and the Emergency Service Agencies
have adapted a gate design that is acceptable in their minds. The proposed gate meets their
design requirements that ensure the availability of emergency access.
City Utility Department Director Phil Overeynder has expressed concerns over the
proposed gate because accessing Clubside Drive for the purpose of maintenance as well as
meter reading and billing will become more difficult if the gate is approved. Overeyender
is requiring that if the gate is approved, that the applicant submit a suitable access plan
(please see referral comments included as Exhibit "F"). Sanitation District Director, Tom
Bracewell had similar comments. Private utility companies have had similar access
concerns, but have no issues with the proposed gate if they are provided with a means of
unlimited access to Clubside Drive.
Staff is recommending denial on the proposed application due to it's conflict with the
ideology of the PUD Review Standards. However, staff feels that if the proposed PUD
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Amendment is approved by the Planning and Zoning Commission, then it is important that
the following conditions be considered and required as part of the approval:
1. Prior to construction, a plat approving the design of the gate shall be
recorded with signatures from the City of Aspen Fire Department, City of
Aspen Police Department, City of Aspen Ambulance Services, City of
Aspen Water and Sanitation District, and all utility agencies affected by
the proposed gate.
2. The applicant shall construct the proposed gate in such a manner that the
Aspen Fire Department, City of Aspen Police Department, City of Aspen
Ambulance Services, City of Aspen Water and Sanitation District, and all
utility agencies affected -by the proposed gate shall have unlimited,
emergency access to Clubside Drive.
3. All exterior lighting associated with the Gate shall meet the City of Aspen
Lighting Code pursuant to Section 26.575.150 of the land use code.
Staff reconunends denial of the proposed amendment to the Maroon Creek Club Planned
Unit Development (PUD) for the purpose of allowing for a security gate to be
constructed at the entrance of Clubside Drive.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission deny the proposed
amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose
of allowing a security gate to be constructed at the entrance of Clubside Drive.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. Series of 2001, approving the proposed
amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose
of allowing for a security gate to be constructed at the entrance of Clubside Drive."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Proposed Gate Location
Exhibit C -- Development Application
Exhibit D -- Letter from Maroon Creek Club Master Association Authorizing PUD
Amendment Application
Exhibit E -- Letter from the Clubside Drive Homeowner's Association Authorizing PUD
Amendment Application
Exhibit F -- Referral Agency Comments
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EXHIBIT A
MAROON CREEK CLUB PUD AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
2. The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
3. The proposed development shall not adversely affect the future
development of the surrounding area.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to
accommodate the proposed development and will be considered prior to,
or in combination with, final PUD development plan review.
Staff Finding
Staff finds that the proposed PUD Amendment is not consistent with the AACP. The
proposed amendment does not create a friendly streetscape and hinders bike and
pedestrian traffic in this area. The Aspen Area Community Plan encourages the
community to "avoid housing developments that inadvertently create segregation". Staff
feels that the proposed security gate causes the entire neighborhood to be segregated
from the rest of the community which conflicts with the aforementioned AACP housing
policy. Staff finds the criterion not to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed dimensional
requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected facture
land uses in the surrounding area.
b) Natural or man-made hazards.
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c) Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding
Staff finds that the proposed amendment hinders traffic and pedestrian circulation by
constructing a barrier at the entrance of Clubside Drive. The proposed security gate
likely will also increase parking on stage road and create a hazard for other vehicles.
Staff finds this criterion not to be met.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to
the character of the proposed PUD and of the surrounding area.
Staff Finding
Staff finds that this criterion does not apply to this application.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking
is proposed.
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
Staff finds that the proposed security gate is likely to increase the parking of vehicles on
Stage Road because of their inability to access onto Clubside Drive. Staff feels that this
could be a safety risk to other automobiles and bicyclists on Stage Road. Staff finds this
criterion not to be met.
4. The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the
maximum density of a PUD may be reduced if:
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a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal,
and road maintenance to the proposed development.
Staff Finding
Clubside Drive is a privately maintained road. Staff finds that this criterion does not
apply to this application.
S. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rockfalls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or
trail in the proposed development is not compatible with the terrain or
causes harmful disturbance to critical natural features of the site.
Staff Finding
Staff finds that this criterion does not apply to this application.
6. The maximum allowable density within a PUD may be increased if
there exists a significant community goal to be achieved through such
increase and the development pattern is compatible with its surrounding
development patterns and with the site's physical constraints.
Specifically, the maximum density of a PUD may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified
in subparagraphs 4 and S, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
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Staff Finding
There is no increase in density as part of this application. Staff finds that this criterion
does not apply to this application.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute to
the identity of the town are preserved or enhanced in an appropriate
manner.
2. Structures have been clustered to appropriately preserve significant
open spaces and vistas.
3. Structures are, appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
S. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
7. For non-residential land uses, spaces between buildings are
appropriately designed to accommodate any programmatic functions
associated with the use.
Staff Finding
Staff finds that the proposed amendment will slow down the response of emergency
vehicles and will put undue responsibility on these agencies to be able to access through
the gate in an emergency response situation. However, it appears that the emergency
service agencies do not have an objection to the gate design. Staff also feels that the
proposed amendment will make for an unfriendly pedestrian landscape. Access to the
site will be hindered by the proposed security gate. Staff finds this criterion not be met.
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D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing and
proposed features of the subject property. The proposed development shall comply
with the following:
I. The landscape plan exhibits a well -designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an ample
quantity and variety of ornamental plant species suitable for the Aspen
area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in
an appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
Staff finds that this criterion does not apply to this application.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City while
promoting efficient use of resources. Architectural character is based upon the
suitability of a building for its purposes, legibility of the building's use, the building's
proposed massing, proportion, scale, orientation to public spaces and other buildings,
use of materials, and other attributes, which may significantly represent the
character of the proposed development. There shall be approved as part of the final.
development plan an architectural character plan, which adequately depicts the
character of the proposed development. The proposed architecture of the
development shall:
I. Be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical and
cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by
taking advantage of the property's solar access, shade, and vegetation
and by use of non- or less -intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
0
Staff Finding
Staff finds that the proposed amendment does not change the architectural character of
the development. However, staff does feel that the applicant is altering the overall
character of the development by trying to create an exclusive, gated community and
cutting off the access of the general public to Clubside Drive. Staff finds this criterion
not to be met.
F. Lighting.
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
The applicant must meet the outdoor lighting requirements set forth in the City of Aspen
Lighting Ordinance if the proposed amendment is approved. Staff finds that this criterion is
only applicable to this application if it is approved.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed PUD, the following criteria
shall be met:
3. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual relief to the
property's built form, and is available to the mutual benefit of the
various land uses and property users of the PUD.
4. A proportionate, undivided interest in all common park and recreation
areas is deeded in perpetuity (not for a number of years) to each lot or
dwelling unit owner within the PUD or ownership is proposed in a
similar manner.
5. There is proposed an adequate assurance through a legal instrument for
the permanent care and maintenance of open spaces, recreation areas,
I
and shared facilities together with a deed restriction against facture
residential, commercial, or industrial development.
Staff Finding
Staff finds that this criterion does not apply to this application because the common
space is for the benefit of the Clubside Drive Homeowners.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated
with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the
developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff Finding
Staff finds that this criterion does not apply to this application.
L Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate
access to a public street either directly or through an approved private
road, a pedestrian way, or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
the proposed development, or such surrounding roads are proposed to
be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of,
or connections to, the bicycle and pedestrian trail system, and adequate
access to significant public lands and the rivers are provided through
dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
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4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle
paths, and transportation are proposed to be implemented in an
appropriate manner.
S. Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD,
or for lots within the PUD, are minimized to the extent practical.
Staff Finding
Staff finds that the proposed amendment would have a negative affect on vehicle
circulation due to the inability of non -property owners to access through the proposed
security gate. Staff feels that the proposed security gate would slow emergency service
response and would create safety issues for bicycles and pedestrians because of
increased parking that it would generate on Stage Road. Staff also feels that alternatives
can be sought to limit the amount of traffic on Clubside Drive without constructing a
security gate. Security gates are to be minimized to the extent possible. Staff finds this
criterion not to be met.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and
impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final
PUD development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees -in -
lieu, construction of any facilities to be used jointly by residents of the
PUD, construction of any required affordable housing, and any
mitigation measures are realized concurrent or prior to the respective
impacts associated with the phase.
Staff Finding
Staff finds that this criterion does not apply to this application.
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RESOLUTION NO AA UJ
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB
PLANNED UNIT DEVELOPMENT TO ALLOW FOR A SECURITY GATE TO BE
CONSTRUCTED AT THE ENTRANCE OF CLUBSIDE DRIVE IN THE MAROON
CREEK CLUB PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application from
the Clubside Drive Homeowner's Association, represented by Maroon Creek Construction
Company, for an amendment to the Maroon Creek Club Planned Unit Development (PUD) to
allow for a security gate to be constructed at the entrance to Clubside Drive in the Maroon
Creek Club Planned Unit Development; and,
WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may
approve an amendment to an approved Planned Unit Development, during a duly noticed
public hearing, comments from the general public, a recommendation from the Community
Development Staff, and recommendations from relevant referral agencies;
WHEREAS, the Community Development Department reviewed the request for an
amendment to the Maroon Creek Club PUD to allow for a security gate to be constructed at
the entrance to Clubside Drive and recommended denial; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Department, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen
Area Cominuriity Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, during a duly noticed public hearing on November 6, 2001, the
Planning and Zoning Commission approved, by a _ to _ (_ - _) vote, an amendment to the
Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing a security
gate to be constructed at the entrance to Clubside Drive in the Maroon Creek Club Planed
Unit Development; and,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of
allowing a security gate to be constructed at the entrance to Clubside Drive within the PUD,
is approved.
Section 2--
Thus Resolution shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Approved by the Commission at its regular meeting on November 11, 2001.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair
13
M]Ei
Maroon Creek Con'struction Company
:.To: The Planning & Zoning Committee Nov -ember 6, 2001.
From: Bill Itz1a
MCCC
Subject: Proposed Pi ivacy/Security Gate for Clubside. Response to the Memorandtim
Ftom James Lindt regarding this Public Hearing.
I befie*e that I understand the intent of the PUD Revie-vv, Standard. Not to allow gated
world incorporate public roads or streets into that Co ni�t. Own unities that wo mmu. y The
prope11.ty in question is private property. The Town homes are private residences .located on
privatle.l.ptoperty and serviced by a private road (Clubside Drive). Clubside Drive is owned
and. maintained bv, the Clubside Homeowner's Association. Therefore, I believe it falls outside
the guidelines -and intent of PU`D Review Standard 26.44ZI.050(1)(6).
Tie owner's of Clubside would like to have the saine privileges available to them as any oth-er-
A-Omtowncr. The want the right to limit those who come on their property. They want their
.:chil.dren to play in their driveways and feel safe about it. They want the right to keep
strangers from parking on. their property and entering their property at all hours of the day
a n.0. night. In. addition, there is a US Ambassador — Stuart Bernstein — who resides there. Ile
also, would like the added security
that a gate would provide. Especially, in light of the events
of SC*p tember I..,
There is adequate room and visibility for a vehicle to leave the area, should they not be
allowed. to enter. There is more turn around area and easier exit capabilities than.there is at
the -Little Cloud Sub -Division., located in Aspen., at the corner of I" Avenue and Cooper. They
have been approved and have installed a Privacy Gate for four residences. In addition, two
home sites within the Maroon ("reek PUD have installed Privacy Gates. The Gilardi and
Ge'Ver Residences hAve installed similar gates. And there are over'12 other residences in.
Aspeii. that have
similar gates installed.
ry vehicles, (Federal Express, 'UPS,US Postal Service, etc.), ill wbe provided . with All delivery i
their own. security codes for access to the property. The utility- companies will be provided
with their own. codes as well as a key to the Knox Box. There will not be any need for delivery
Vehicles, etc. to park on the street, as suggested in the staff review. The proposed gate
autplAatically opens when it senses a power outage (Battery Backup). When power is restored
it* must be inamially closed.
It appears that all of the emergency services are satisfied with the operation of the gate. We
have a4ded-an additional device to improve access for emergency services. In addition. to the
Keypad. and Knox Box for emergency vehicles there will also be a Clie-k2'Enter Device.
Click2Enteir provides the emergency vehicle (Law Enforcement, Fire, Ambulance/Rescue) a.
V. 970-920-94-03 30CI Puppy Smith Sltr,eet Smite 205-254, F"ax 2
It k do Aspe , Ca i , , 6 1611
. PAIEi
Ma-roon Creek Construction Company
November 6, 2001 C
q xia°l , safe; reliiablle and stealthy means to activate the gates. Tbey use radio frequencies from.
E
their vehicle radio: transmitter to open the itate. The Public Safety Agencies are provided with.
FCC -assigned, radio frequencies for their radio transmitters. This solution wiltvvork v�Titb
their current radios — both. mobile and portable. With the proper frequency a vehicle, within
E:
theproscribed range, sends a radio signal to opera the gate. They send 2 short transiWssion
pulses from. their radio transceiver and the gate is opened. There is additional, detailed,
literature available for your iufai oration.
I a.m a�jdng on behalf of the Clubside.Homeowners Association, that you approve the
nsta.11atioxa of the SecuritytPrivacy Cate.
Respectfully,
Bill UzIa
MCCC
CCd . Cain Scheidt --President Clubside Homeowners Association
13onriie Rosner — Chairmen Cate Committee
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�.
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin )
Aspen, CO
200
name lease (name, p print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (1 S)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the day of
200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
5 (continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this day
of , 200_, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTAC14MENTS:
COPY OF THE P UBL1 CA TION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
B Y MAIL
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (1 S) days
prior to the public hearing on such amendrnymys. a .
The foregoing "Affidavit of Notice" was acknowledged before me this
of , 200_, by
day.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTAC14MENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GO VERNAIENTAL A GENCIES NOTICED
B Y MAIL
MAROON CREEK LLC
10 CLUB CIR
ASPEN, CO 81611
MCRAE CAROLYN S
210 E CAPITAL ST STE 1525
JACKSON, MS 39201-2304
SEIDL JOHN M & MARIE
15 OAKWOOD BLVD
ATHERTON, CA 94027
ROSNER BONNIE L RESIDENCE
TRUST 50%
2599 N W 63RD LN
BOCA RATON, FL 33496
STAFF SERVICES COMPANY LTD
C/O WILLIAM JORDAN III
418 E COOPER ST STE 202
ASPEN, CO 81611
rT - TCHER MICHAEL C
9TH ST
_ . INNATI, OH 45202
SCHEIDT RUDI E JR
6230 RIVERGROVE COVE
MEMPHIS, TN 38104
CLEMONS SARAH FLOYD
721 W MIRACLE STRIP PKWY
MARY ESTHER, FL 32569
CARTY JAMES B JR
#3-100 LLANALEW RD
HAVERFORD, PA 19041-1564
ESTRIN MELVYN & SUELLEN 50%
C/O THE BERNSTEIN COMPANIES
3030 K ST PENTHOUSE 215
WASHINGTON, DC 20007
GINSBURG BETTY A REVOCABLE
TRUST
0100 CLUBSIDE DR
ASPEN, CO 81611
CARTY JAMES B JR
#3-100 LLANALEW RD
HAVERFORD, PA 19041-1564
HOLMAN DANIEL V & MAUREEN F
1500 N LAKESHORE DR #18C
CHICAGO, IL 60610
SHURTLEFF ROBERT & BEVERLY
866 WINDERMERE WY
PALM BEACH, FL 33418
CARTY JAMES B JR
#3-100 LLANALEW RD
HAVERFORD, PA 19041-1564
ADAMS GREG S
205 STONEWALL COURT
RICHMOND, KY 40475
STAFF SERVICES COMPANY LTD
C/O WILLIAM JORDAN III
418 E COOPER ST STE 202
ASPEN, CO 81611
NORWEST BANK DES MOINES N A
TRUSTEE
PFEIFER FRIEDL TRUST
PO BOX 837
DES MOINES, IA 50309
B & B PROPERTIES
PO BOX 1060
CARBONDALE, CO 81623
SIMMS RONALD A & VICTORIA M
TRUSTEES
1801 CENTURY PARK E STE 1930
LOS ANGELES, CA 90067
ROMUNDSTAD GERDA E & TERRY O
5854 HOBE CT
WHITE BEAR LAKE, MN 55110
CARTY JAMES B JR
#3-100 LLANALEW RD
HAVERFORD, PA 19041-1564
STAFF SERVICES COMPANY LTD
C/O WILLIAM JORDAN III
418 E COOPER ST STE 202
ASPEN, CO 81611
CARTY JAMES
#3-100 LLANALEN RD
HAVERFORD, PA 19041
CARTY JAMES B JR
#3-100 LLANALEW RD
HAVERFORD, PA 19041-1564
SOMMERVILLE FAMILY HEALTH INC
9 RED TAIL DR
HIGHLANDS RANCH, CO 80126
RIUKEMA FREDRICK JT TRUST SHOCKLEY-ZALABAK PAMELA S SCHLICHTEMEIER ERNEST F &
18TH AVE 5905 RIDGE BROOK LN PEGGY P
-EY, CO 80634 COLORADO SPRINGS, CO 81018 1101 HERBERT DR
ZEBULON, NC 27597
KAUFMANN J J JR
330 COMMERCE ST
NASHVILLE, TN 3 7201-1805
STAFF SERVICES COMPANY LTD
C/O WILLIAM JORDAN III
418 E COOPER ST STE 202
ASPEN, CO 81611
MAROON CREEK LLC
10 CLUB CIR
ASPEN, CO 81611
CARTY JAMES B JR
#3-100 LLANALEW RD
HAVERFORD, PA 19041-1564
ADCOCK WILLIAM A
PO BOX 452
322 FLORA
NEWBERN, TN 38059
PFEIFER FRIEDEL ASPEN REAL
ESTATE TRUST
NORWEST BANK DES MOINES
TRUSTEE
PO BOX 837
DES MOINES, IA 50309
MOERY CLARENCE BRYAN JR
PO BOX 1025
WYNNE, AR 72396
FOSTER KENNETH B JR & MARGO
102 BOWER HILL RD
VENETIA, PA 15367
MAROON CREEK LLC
10 CLUB CIR
ASPEN, CO 81611
MAROON CREEK LLC MAROON CREEK LLC MAROON CREEK LLC
10 CLUB CIR 10 CLUB CIR 10 CLUB CIR
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
I
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
--' ' e 1
ADDRESS OF PROPERTY:Z1 ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: , 2004—
STATE OF COLORADO )
ss.
County of Pitkin )
I, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Al —Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
C'
Posting of notice: By posting of notice, which form was obtained from th`?
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the day of
200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
3r
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notic " was acknowledged before me thi day
of , 200 [, by l Aj ►
.. __ PUBLIC NOTICE
RE: MAROON CREEK CLUB PUD AMENDMENT h•
FOR A SECURITY GATE TO BE CONSTRUCTE11 AT
THE ENTRANCE TO CLUBSIDE DRIVE
NOTICE IS HEREBY; IVEN that a public hearing '
will. be held on Tuelday, Novem ,t2001he at a
meeting to begin at 4:30 p.m, before
Planning and Zoning Commission, Sister Cities dk,
Room, City Hall, 130 S. Galena St., Aspen, to con-
sider an application submitted by the'Clubside
Drive Homeowner's Association requesting a
panned unit development amendment to the Ma-
roon Creek Club PUD to allow for a security gate
to be constructed at the entrance of Clubside
DXoper1X.Is Crmmon)y knoffu ds Ctu6; ki
siderivel Drive,
For further Information, contact lames Lindt at h'
the Aspen/Pitkin Community Development De- In
partment, 130 S. Galena St., Aspen, CO (970) 920- A
5104, James)®cl.aspen.co.0 s/Jasmine Tygre, Chair St
Aspen Planning and Zoning Commission la
si
Published in The .Aspen Times on October 20, st
2001. (8023) in
PUBLIC NOTICE o
ORDINANCE #38 t
Series of 2001 pi
AN ORDINANCE ADOPTING THE 2001 AFFORDA- h,
BLE HOUSING GUIDELINES AS RECOMMENDED c,
BY THE ASPEN/PITKIN COUNTY HOUSING AU- 'n
THOPM: '"
Copies are available in the officeofthe City Clerk, al
130 South Galena, during normal business hours. 01
FINALLY adopted and ordered published this 9th s
.day of October 2001. '
Helen Kalin Klanderud A
Mayor
ATTEST
Kathryn Soave Koch
City Clerk
F n Times on October• 20,'.
Published 1n The Aspe N,
2001. (8016)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
►PY OF THE PUBLICATION
PH OF THE POSTED NOTICE (SIGN)
► AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
�C ,
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Deputy Directoy-. �
FROM: Chris Bendon, Senior PlannerNm
RE: Accessory Dwelling Unit Amendments (City Initiated) — Public Hearing
Detached ADU requirement for Growth Management Exemption
ADU Floor Area Amendments
DATE: November 6, 2001
SUMMARY. -
The City Council has initiated amendments to the City's Accessory Dwelling Unit
(ADU) Program to eliminate the mandatory occupancy and to require growth
management exemptions only be granted for ADU's developed above grade and
detached from the primary residence.
The proposed Resolution accomplishes these desired changes. The amendment
affects the Accessory Dwelling Unit Program, the exemption section of growth
management, and the Floor Area calculation section. Two new definitions have been
proposed to clarify terms used in the proposed language. Under Main Issues, the
primary aspects of this proposed code amendment have been described.
Staff recommends the Commission recommend City Council adoption of this
code amendment.
MAIN ISSUES:
Detached & Above Grade ADURequirement:
The proposed code language requires Accessory Dwelling Units to be both detached
from the primary residence and above grade. This requirement applies to voluntary
ADU's as well as those being developed to exempt a residence from Growth
Management. A Special Review approval would allow an ADU to be attached and/or
partially to fully below grade.
The Special Review procedure requires a public. hearing with the Planning and
Zoning Commission, or with the Historic Preservation Commission if the property is
a historic resource. ADU's designed to meet the design standards will continue to be
approved administratively. ,
No amendments to the Special Review criteria are proposed. Staff believes these
criteria are sufficient to review these potential requests.
AD U Floor Area:
Currently, Floor Area incentives are available for two methods of ADU development:
Detached and Mandatory Occupancy - each exempting 50% of the ADU for the
calculation of Floor Area. If an ADU is both detached from the primary residence
and deed restricted to mandatory occupancy, both floor area incentives apply for a
100% exemption.
The proposed code amendment removes the incentive for mandatory occupancy. This
has not been very popular and the few mandatory units approved through this
provision have created enforcement problems for the Housing Authority.
The detached incentive is also removed with this proposed language and replaced
with a 100% Floor Area incentive for units that are condominiumized and sold as
affordable housing units according to the Affordable Housing Guidelines. This is a
concept that has been discussed by the Infill Advisory Group as a means of
encouraging affordable housing in single-family neighborhoods. The concept
provides an incentive of one additional square foot of free-market development for
every one square foot of affordable housing, up to the limiting size of an ADU.
Removing the detached exemption may, however, create some nonconformities and
may also affect property owners with plans to expend their primary residence be use
of the previous exemption. Structures made nonconforming by adoption of this code
language would be unaffected until redevelopment. Redevelopment would need to be
accomplished within the bounds of the code in effect at the time.
Off -Site Unit:
The proposed code language allows an exemption from growth management to be
achieved by deed restricting an existing free-market dwelling as an affordable housing
unit. The "buy -down" concept is one that has been widely sought (as evidenced in the
AACP) as a means of providing affordable housing without creating additional
growth. The proposed language facilitates the private sector buy -down of free-market
units in exchange for the redevelopment exemption of single-family and duplex units.
The purchased unit would need to be within the Infill Area (new definition) and
accepted by the Housing Authority. The Housing Authority Guidelines would dictate
the resale value of the newly deed restricted unit.
APPLICANT:
City of Aspen.
PREVIOUS ACTION:
The planning and Zoning Commission has not previously considered this Resolution.
A work session with the City Council, Housing Board, and Planning and Zoning
Commission was held on this topic and resulted in staff direction to initiate this code
amendment.
2
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend
by Resolution the City Council approve, approve with conditions, or deny the
application.
BACKGROUND:
The ADU Program was the topic of a work session between the City Council,
Housing Board, and the Planning and Zoning Commission. The primary concern of
the Boards was the lack of occupancy and the problems associated with mandatory
occupancy units. The City Council directed staff to initiate code amendments to
eliminate the mandatory occupancy provision and require all ADU's that serve as a
GMQS exemption to be built above grade and detached from the primary residence.
STAFF COMMENTS:
Two ADU code amendments are currently being contemplated under separate public
hearings. One is a City -initiated amendment related to land use incentives for future
ADU's and the other is a privately -initiated amendment related to existing mandatory
occupancy ADU's.
These two amendments are being processed simultaneously, but under separate public
hearings. They obviously relate but should remain as separate actions to maintain
proper due process. Staff has aligned the two amendments and no conflicts exist
under any approval/disapproval scenario.
The Resolution shows the proposed changes to the ADU Program and highlights the
amendments in blue. Cress -ems text is proposed for removal. Underlined text is
proposed for addition. Regular text indicates no changes.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recommend approval of the
City -initiated a endments to the Accessory Dwelling Unit Program as described in
Resolution 01-
RECOMMENDED MOTION:
"I move to approve PZ-Resolution 01 ��t recommending approval of the City -
initiated amendments to the Accessory Dwelling Unit Program eliminating the
mandatory occupancy provision, amending the Floor Area incentives available for the
ADU's, and allowing off -site affordable housing provision to exempt single-family
and duplex development from growth management."
ATTACHMENTS:
Exhibit A -- Proposed Resolution
Exhibit B -- Review Criteria and Staff Comments
3
r
ADU Program Amendments
City Initiated
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
community benefit of Accessory Dwelling Units. Specific provisions encourage units
providing high quality living as an affordable housing alternative. No aspect of the
proposed code amendment is in conflict with other portions of the Municipal Code.
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 "buy -downs" of existing free-market residences.. The
purpose of the ADU Program is to allow interspersed employee housing within existing
neighborhoods 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 each year gain allotments.
In a community where preserving a "critical mass" of local working residents is so
important, the community has expressed disappointment with the current ADU Program
which essentially provides exemptions from growth management for "guest rooms" that
are not required to be occupied. The proposed amendments provide certain incentives to
encourage occupancy by local working residents.
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 to 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. Special Review allows for variances to the design
standards to be considered under a public hearing and where neighborhood compatibility
is one of the criteria. Staff believes this criterion is met.
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. Encouraging more affordable housing opportunities within
Aspen will likely create more traffic on local streets. This needs to be weighed with the
effects of not providing affordable housing opportunities within Aspen. Staff does not
believe the amount of potential new units represents a safety issue on local roads.
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.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased local housing opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
staff comments page 2
Staff Findinw.
Characteristic of traditional towns, and important to Aspen 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 character.
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.
Disappointment over the low occupancy of these units has created a desire to amend the
program.
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 on the automobile by
providing housing near employment and recreation centers. Fewer long-distance
commuter trips represents good environmental policy and providing incentives for high
quality living units promotes healthy living conditions.
staff comments page 3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:Al I
-An-A3 en, CO
SCHEDULED PUBLIC HEARING DATE: AA A^ *A A , 200J
STATE OF COLORADO )
SS.
County of Pitkin )
I, 4. ( —
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
V Publication o notice: B the publication
f y p tion in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained frdp the
Community Development Department, which was made of suitable, ''
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the day of
, 200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the• official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The fo egoing "Affidavit of Notic " was acknowledged before me this Efi--%day
of , 200 , by L4 N �
RE: (' "' sad peed
e M up�b�, as o11oW S'H�,itEt
escctbeWV- A ?P VL
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Units. The proposeo`ea� ae�g J
process for releasingo"
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Units developed to acPM �o� �.'6
ther Information contac' �� °�
pen/ Pitkin Communit,
ment, 130 South Galena 1.1�,0
5072,
Aspen Planning and Z.,oivaC-m.oP 06.0fit
Published in The Aspen Timor`
2001.(8022)
ATTA
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 4
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
B Y MAIL
I
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Deputy Director
FROM: Chris Bendon, Senior Planne
RE: ADU Program Text Amendments (Privately Initiated) — Public Hearing
Removing an existing Mandatory Occupancy ADU Deed Restriction
DATE: November 6, 2001
SUMMARY:
Kenneth and Linda Lay, property owners, have requested a process be included in the
City's Land Use Code to allow an Accessory Dwelling Unit (ADU) deed restricted to
mandatory occupancy in exchange for a Floor Area bonus to be relieved of that
restriction while maintaining the bonus square footage. Several methods of
accomplishing this have been prepared and are described in the application.
While this amendment will theoretically apply to any property with such a restriction,
only a few properties have this mandatory occupancy requirement. (Staff is
researching the exact number and will provide more accurate information during the
public hearing.)
The proposed text allows for lifting of the deed restriction when the applicant offers
one of three alternatives: 1) construction of an alternative affordable unit; 2) "buy -
down" of an existing free-market unit to affordable status; or, 3) payment -in -lieu
based on the market value of the bonus space created by the restriction.
The Housing Authority Board has reviewed this request and has endorsed the concept
of listing a mandatory occupancy restriction. The Housing Board suggested limiting
off -site units to within the Infill Area, as used by the Infill Advisory Group (new
definition), and requiring the off -site unit or cash -in -lieu to be accepted at the option
of the Housing Board.
Two proposed Resolutions have been prepared. Version A relies on the Special
Review process with the Planning and Zoning Commission to lift a mandatory
occupancy restriction. Version B relies on a review by the Housing Board and an
administrative acceptance by the Planning staff.
Staff recommends the Commission select a version and recommend City Council
adoption of this code amendment.
MAIN ISSUES:
Options Presented by Applicant:
The applicant has prepared several options for the Commission to consider based on
discussion with staff. The application also analyzes the options and eliminates the
fourth option (Smuggler TDR) as ineffective. This option would have used
potentially remaining transferable rights created when the Smuggler Mobile Home
Park was deed restricted. Only one of these TDR's potentially still exists and it itself
has not been validated by the City. Creating a Land Use Code provision based on this
is too speculative.
The first option effectively moves the mandatory restriction onto another ADU. Staff
believes this only displaces the issue and may create more complication in the future.
Staff can envision this as a repetitive process every time a property is transferred to an
owner who doesn't want the restriction. Staff does not support this option.
Options 2 and 3 provide the community with an actual affordable housing unit or
enough funds to purchase and actual unit. These options provide significantly more
community benefit than the original ADU. These two options were preferred by the
Housing Authority Board and have been combined into one proposed text
amendment. Staff supports these two options.
Nonconformity:
The bonus square footage allowed for a mandatory occupancy deed restriction is
equal to half the net livable square footage of the ADU. Removing the deed
restriction will cause a structural nonconformity and the action of removing the
restriction should acknowledge, and legalize, its creation. The _proposed language
accomplishes this and relies on the existing provisions governing such structures.
Code amendments often create nonconforming structures. The Floor Area reductions,
for example, would have created several such structures. Staff does not believe this
issue prevents adoption of this text amendment.
Off -Site Unit Location:
The proposed code language allows a property owner to construct a new affordable
unit or convert an existing unit to affordable housing. The Housing Board, based on
the belief that the ADU Program is one that promotes infill-type development,
suggests these units only be allowed in the Infill Area — a geographical region of
Aspen ("Mountain to Rivers") being used by the Infill Advisory Group. This
suggestion has been incorporated into the text amendment.
APPLICANT:
Kenneth and Linda Lay, Represented by Alan Richman and Nicholas McGrath.
2
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this Resolution.
The Housing Board has endorsed the concepts presented by the applicant as options 2
& 3.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend
by Resolution the City Council approve, approve with conditions, or deny the
application.
STAFF COMMENTS:
Two ADU code amendments are currently being contemplated under separate public
hearings. One is a City -initiated amendment related to land use incentives for future
ADU's and the other is a privately -initiated amendment related to existing mandatory
occupancy ADU's.
These two amendments are being processed simultaneously, but under separate public
hearings. They obviously relate but should remain as separate actions to maintain
proper due process. Staff has aligned the two amendments and no conflicts exist
under any approval/disapproval scenario.
The Resolution shows the proposed changes to the ADU Program and highlights the
amendments in blue. Crass -eta text is proposed for removal. Underlined text is
proposed for addition. Regular text indicates no changes.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recorrimend approval of the
privately -initiated amendments to the Accessory Dwelling Unit Program as described
in Resolution 0l - ,e7
RECOMMENDED MOTION:
"I move to approve PZ-Resolution 0 1 -42recommending approval of the privately -
initiated amendments to the Accessory Dwelling Unit Program creating a process by
which mandatory occupancy ADU deed restrictions may be lifted while maintaining
bonus square footage on the property."
ATTACHMENTS:
Exhibit A -- Proposed Resolution
Exhibit B -- Review Criteria and Staff Comments
C:\home\Chris\CASES\ADU—Revisit\PZ—MEMO—Alan.doc
3
Exhibit B
ADU Program Amendments
Privately Initiated
STAFF COMMENTS: Text Amendment
Section 26.310.040, 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 create a process to allow a property owner to
lift a mandatory occupancy deed restriction from an ADU by providing an off -site unit or
a cash -in -lieu payment that can be used by the community to purchase an off -site unit.
This concept of "buying -down" free market residential units to affordable rates is
supported in the community plan and is not in conflict with any other portion of the Land
Use Code or the Municipal Code.
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 "buy -downs" of existing free-market residences. The
purpose of the ADU Program is to allow interspersed employee housing within existing
neighborhoods to promote a healthy social fabric and a balance between the resort and the
community.
The code amendment allows the ADU to be voluntarily rented, but not eliminated. This
maintains the opportunity for the unit to be occupied by a local working resident. In
addition, the mitigation unit or payment will contribute to a permanent affordable unit in
the community's inventory and address the desire for a "critical mass" of residents living
and working within Aspen.
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.
No changes to the ADU or off -site unit are specifically allowed by this amendment and
separate land use actions may be necessary to accommodate changes. Those changes
would need to meet this, or a similar, standard of compatibility.
staff comments page 1
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.
Staff Finding:
The proposed amendment does not allow for any changes to the ADU or off -site unit.
Staff does not believe this code amendment creates any impact on traffic generation, road
safety, infrastructure, or the natural environment
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a "critical mass" of residents and an interspersed social layering. The
off -site unit or mitigation payment will promote this critical mass or residents and the
remaining ADU will still provide an opportunity for a local resident.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The mandatory occupancy incentive of the ADU Program has not been successful and the
few mandatory units have been very problematic for the Housing Authority to enforce.
This realization has occurred over the past 2-4 years and has been the topic of a joint
work session between the Housing Board and the City Council. The incentive is typically
realized by the original developer, while the effect of the deed restriction is transferred
along with the ownership. The new owner often does not have the same motivation as
the original developer which starts a legal process which can last years. The community's
benefit is marginal at best and creating a process to achieve an actual affordable housing
unit would provide significantly more community benefit.
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. Staff
believes this amendment is consistent with the purpose and intent of the Land Use Code.
staff comments page 2
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:Cq;;; AY) spen, CO do
SCHEDULED PUBLIC HEARING DATE: _AG, 200_[
STATE OF COLORADO )
SS.
County of Pitkin )
I, Gl 1/1 / _t (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_A/Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitablk;,
waterproof materials, which was not less than twenty-two (22) ints wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the day of
, 200 , to and including the date and time of the public
hearing. A photograph of the ,posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which, contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class,postage prepaid
U.S. mail to all owners of property within,three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application., The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
i
L/ Ilk ; ,_ .. w, I
The for oin "Affidavit of Notice" was ac owled ed b ore me this 24y
g g g �
of , 20019 by
PU"
RE: CITY OF ASP! MONO
MENTS: SECTION 26)F, P�tiViN p
UNITS, SECTION 26U, S10,
MEASUREMENTS, A 26
GROWTH MANAGEMEN. A yin,
NOTICE IS HEREBY GIv,� Vo'v 'Lo
will be held on Novembe a ze and
begin at 4:30 P.M. beforepiaoivl' 00'
Zoning Commission, Sisteetl' ey an
City Hall 130 South Galen CONS`a� ye'
application initiated bypcopspav "ng
questing approval for de
ments to Section 26.52Goy3 d Aeas-
Units and Section 26.575, on antb Man-
urements, and Section 26.• Gyow'Ctie PyO
agement Quota System Exos• exeynP-
posed amendments would �e FA and p"XI
tion given to Accessory DwoAsioy gie_
allow growth management ex,ons abo�
family and duplex develop_ With . Foy
grade, detached Accessory Dtiq, dov, at the
further information contact C, Be"d t OePayp
Aspen /Pitkin Community De�ptne`n
ment, 130 South Galena St., Asp, CO
5072. Chair
s/Jasrne�ymission
Aspen Planning and ZoMO, oo tobet 2�,
Published in The Asp is T'
2001.(8020)
WITNESS MY HAND AND OFFICIAL SEAL
My commission
•
'OPY OF THE PUBLICATION
.4
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
f OF Cps.
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
LAA
MEMORANDUM
To: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: James Lindt, Planning Technician
RE: Proposed Amendments to the Stream Margin Review Process and Review
Standards, Section 26.435.040 — Code Amendment. Public Hearing
Resolution No. Series of 2001
DATE: November 6, 2001
APPLICANT:
City of Aspen Community Development
Department
PROPOSED AMENDMENT:
The Community Development Staff
proposes to amend the Stream Margin
Review Process with the overall intent of
clarifying and streamlining the review
process. The proposed amendments to
Section 26.435.040, Stream Margin
Review, are intended to change the Stream
Margin Review process for properties only
on the Roaring Fork River from a Planning
and Zoning Commission process to an
administrative review process in order to
handle what staff feels is a "technical"
review more suited for staff review versus
the more substantial, quasi-judicial
reviews by the Planning and Zoning
Commission.
This change will also have a secondary
benefit of freeing up agenda space and
saving applicants the unnecessary time and
money of going through a board review
process. The Stream Margin Review
Standards are also proposed to be changed
to utilize a newly created map of the
Roaring Fork River to determine top of
slope and mean high water line for the
properties along the Roaring Fork River.
Other amendments in this section are
proposed to update, reorganize and clarify
the current review standards.
SUMMARY:
The Community Development Department Staff is
proposing code amendments to Section
26.435.040, Stream Margin Review, to change the
stream margin review from a Planning and Zoning
Commission Review to an Administrative Review
by the Community Development Director. As a
work program item, City Council directed staff to
have the top of slope and high water line of the
Roaring Fork River mapped from the eastern edge
of the City limits to the Slaughter House Bridge on
the western City limits. The aforementioned map
is proposed to be adopted and utilized to determine
the top of slope and the high water line on all
Stream Margin Review Applications. A process to
appeal the map determination of the top of slope is
also put in place through *the proposed code
amendments. The proposed amendments also
include a reorganization of the existing review
standards but not a substantial change to them..
The Stream Margin Review Standards are mainly
technical in their existing state and require an
applicant to meet set requirements that are not
subjective of discretionary. Because of the
objective nature of the standards, staff believes that
the Stream Margin Review Process for properties
on the Roaring Fork River could be reviewed as
effectively and accurately at an administrative
level. Therefore, the Community Development
staff proposes the following code amendments to
the Stream Margin Review Section of the City of
Aspen Land Use Code.
Process:
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map.
➢ Planning Commission makes a recommendation to City Council.
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:
o The changes regarding the proposed amendment would be
made throughout Title 26 so as not to cause a conflict in how
the text reads or what it means. Process changes will be made
throughout the land use code, no conflict is created in that
regard. The section will be reorganized to make it more user
friendly and logically organized.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding:
o Staff feels that the proposed amendments will continue to
yield as thorough of a review of the stream margin review as
that currently in place. The protection of environmentally
sensitive areas as desired by the AACP will still be
accomplished. By cutting the number of steps in the stream
margin review process for properties on the Roaring Fork
River, staff feels that it will be more efficient for the applicant
and will save money and time of going through a public
review process. Staff also believes that by utilizing the new
Stream Margin Review Map as the official top of slope and
high water determinations for properties on the Roaring Fork
Rivers, that much of the conflict and dispute between the City
and the applicant over these determinations will be alleviated.
Staff believes that the Stream Margin Review Map generated
by Sopris Engineering is accurate and that substituting it for a
private surveyor's work will not compromise the quality of the
review of the stream margin standards.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
2
➢ Staff Finding:
o Staff finds that the proposed amendment is compatible with
the surrounding zone districts and land uses, and will not
change the characteristics of the neighborhood. The land use
pattern will not change, as the stream margin review
standards for the zone districts will not be affected. The
review process will be more efficient and streamlined with the
same outcome as today's regulations would yield.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o There will be no effector negative impacts of these proposed
amendments 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 public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
➢ Staff Finding:
o The proposed amendments will not result in changed to the
demands of public facilities.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Staff Finding.
o Staff finds the proposed amendments will not have a
significant impact on the natural environment. Staff feels that
the Stream Margin Review Standards are objective enough
that there is not a lot of decision -making involved in the
stream margin review process. There should be no difference
in the impact on the environment if staff is reviewing an
application as opposed to the Planning and Zoning
Commission reviewing the same application. Many of the
conditions of approval on Stream Margin Reviews are asked
for by the referral agencies and are standard conditions of
approval. Staff still intends to refer Stream Margin Review
Applications to the other pertinent City departments and place
conditions on the administrative approvals of Stream Margin
Reviews. The proposed code amendments shall have no
impact on the natural environment.
3
M
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Staff Finding:
o Staff finds that the proposed amendment will not effect 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.
➢ Staff Finding:
o Staff finds that no specific subject parcel or specific
neighborhood is the subject of this code amendment and
therefore the criterion does not apply.
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:
o Staff finds that the proposed amendment will not conflict
with the public interest. Staff feels that the proposed changes
in the Stream Margin Review Process will be to the benefit of
the public. An administrative process will be more efficient
and save applicants time because it alleviates the need to wait
to get on a Planning and Zoning Commission Agenda. The
proposed amendment would also free up Planning and
Zoning Commission Agenda time that -can be used to review
and handle other types of land use reviews. Staff believes
that applicants will be more informed about their
development potential in stream margin areas on the Roaring
Fork River prior to going through the review if the Stream
Margin Map, generated by Sopris Engineering, is adopted as
the official top of slope and high water lines for the Roaring
Fork River This will benefit the public interest.
Staff is proposing to amend all the sections in the Aspen Land Use Code that
referenced the process of a Stream Margin Review. Staff proposes to repeal Section
26.435.040, Stream Margin Review, in it's entirety and replace it with the following
Code Language. The following proposed language accomplishes the following four
objectives, (1) reorganizes the Stream Margin Review Section into a logical sequence,
(2) gives the Community Development Director Review Authority for Stream Margin
Review on properties located on the Roaring Fork River, (3) adopts the Stream Margin
Map as the top of slope for properties on the Roaring Fork River, and (4) sets up a
process for the appeal of the Community Development Director's determination.
0
4
Proposed new language is italicized and in bold. Language in the current Stream
Margin Review Section that is not new but is being reorganized is not italicized in the
following proposed code language.
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, and to all development within the 100-year
flood plain.
B. Exemptions. The Community Development Director may exempt the following types
of development within the Stream Margin Review area:
l . Construction of pedestrian or automobile bridges, public trails, or structures for
irrigation, drainage, flood control or water diversion, bank stabilization
provided plans and specifications are submitted to the City Engineer
demonstrating that the structure is engineered to prevent blockage of drainage
channels during peak flows and the Community Development Director
determines the proposed structure complies, to the extent practical, with the
Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water systems,
sanitary sewer, utilities, and fire suppression systems provided the Community
Development Director determines the development complies, to the extent
practical, with the Stream Margin Review Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the floor
area of the existing structure or increase the amount of building area exempt
from floor area calculations by more than twenty-five (25) percent. All
stream margin exemptions are cumulative. Once a development reaches these
totals, a Stream Margin Review by the Community Development Director or
the Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for which a permit
would be required pursuant to Chapter 13.20 of this Code.
c. ' The development is located such that no portion of the expansion, remodeling
or reconstruction will be any closer to the high water line than is the existing
development;
5
5
i. The development does not fall outside of an approved building
envelope if one has been designated through a prior review; and
ii. The expansion, remodeling or reconstruction will cause no increase to
the amount of ground coverage of structures within the 100 year flood
plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set forth
below. No Development shall be permitted within the Stream Margin of the tributaries of
the Roaring Fork River unless the Planning and Zoning Commission makes a
determination that the proposed development complies with all requirements set forth
below.
1. It can be demonstrated that any proposed development which is in the Special
Flood Hazard Area will not increase the base flood elevation on the parcel
proposed for development. This shall be demonstrated by an engineering study
prepared by a professional engineer registered to practice in the State of Colorado
which shows that the base flood elevation will not be raised, including, but not
limited to, proposing mitigation techniques on or off -site which compensate for
any base flood elevation increase caused by the development; and
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in
the proposed plan for development, to the greatest extent practicable. Areas of
historic public use or access shall be dedicated via a recorded easement for public
use. A fisherman's easement granting public fishing access within the high water
boundaries of the river course shall be granted to the greatest extent possible via a
recorded "Fisherman's Easement;" and,
3. There is no vegetation removed or damaged or slope grade changes (cut or fill)
made outside of a specifically defined building envelope. A building envelope
shall be designated by this review and said envelope shall be recorded on a plat
pursuant to Section 26.435.040(F)(1).
4. The proposed development does not pollute or interfere with the natural, changes of
the river, stream or other tributary, including erosion and/or sedimentation during
construction. Increased on -site drainage shall be accommodated within the parcel
to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained
outside of the designated building envelope; and
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is submitted to
the Federal Emergency Management Agency; and
0
0
6. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting within
fifteen (15) feet back of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect the existing riparian vegetation and bank
stability. New plantings (including trees, shrubs, flowers, and grasses) outside of
the designated building envelope on the river side shall be native riparian
vegetation as approved by the City. A landscape plan will be submitted with all
development applications. The top of slope and 100 year flood plain elevation of
the Roaring Fork River shall be determined by the Stream Margin Map located
in the Community Development Department and filed at the City Engineering
Department.
9. All development outside the fifteen (15) foot setback from the top of slope does
not exceed a height delineated by a line drawn at a forty-five (45) degree angle
from ground level at the top of slope. Height shall be measured and determined by
the Community Development Director using the definition for height set forth at
Section 26.04.100 and method of calculating height set forth at Section
26.575.020.
10. All exterior lighting is low and downcast with no light(s) directed toward the river
or located down the slope and shall be in compliance with section 26.575.150. A
lighting plan will be submitted with all development applications; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below. In
this case, the Community Development Director's finding shall be forwarded as a
recommendation and a new application need not be filed.
E. . Special Review.
An application requesting a variance from the Stream Margin Review Standards, or
an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at a
public hearing for which notice has been published, posted and mailed, pursuant to
Section 26.304.060(E)(3)(a b, and c). Review is by the Planning and Zoning
7
6
Commission.
A Special Review from the Stream Margin Review Determination may be approved,
approved with conditions, or denied based on conformance with the following
review criteria:
1. An authorized survey from a Colorado Professionally Licensed Surveyor shows
a different determination in regards to the top of slope and 100 year flood plain
than the Stream Margin Map located in the Community Development
Department and filed in the City Engineering Department, and
2. The proposed development meets the Stream Margin Review Standard(s) upon
which the Community Development Director had based the finding of denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin review
area, the following mist be submitted:
1. The applicant shall record a site improvement plat with topography prepared
by a Colorado licensed, professional surveyor showing the building envelope
determined by the Community Development Director based on the Stream
Margin Review Map located in the Community Development Department
2. Site sections drawn by a registered architect, landscape architect, or engineer
shall be submitted showing all existing and proposed site elements, the top of
slope, and pertinent elevations above sea level.
3. The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain
in place until the issuance of Certificates of Occupancy.
Section 26.435.020, Authority, must also be amended to be consistent in giving the
Community Development Director the review authority in Stream Margin Reviews on
the Roaring Fork River. The section is stated below with the old language having a
"strike out" through it and the new language documented in bold and italics, as
follows:
Original Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA).
D
E'3
The Community Development Director, in accordance with the procedures, standards
and limitations of this Chapter, shall approve, approve with conditions, or disapprove a
development application for exempt development in an environmentally sensitive area (ESA).
New Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning hnd Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA), with the exception of development within a stream margin of the
Roaring Fork River. Development within a stream margin of the Roaring Fork River shall
be reviewed by the Community Development Director. The Community Development
Director, in accordance with procedure, standards, and limitations of this Chapter, shall
approve, approve with conditions, or disapprove an application for development in the
stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions, or
disapprove a development application for exempt development in an environmentally
sensitive area (ESA).
Staff concludes that the proposed code amendments to the Stream Margin Review
Process have been reviewed per Section 26.310.040 Standards of Review. Staff finds
that the proposed amendments will make the review process more efficient for both
applicants and the City of Aspen without compromising the thoroughness or
importance of the Stream Margin Review. Staff feels that by adopting the Stream
Margin Map as the official determination of top of slope and high water line, it will rid
the stream margin review process of subjective determinations in regards to this
matter. This will enable the review process to be approved at an administrative level
because the review will be completely based on whether or not the applicant meets the
standards much like the review of Accessory Dwelling Units are currently handled.
STAFF RECOMMENDATIONS
Staff recommends approval of the Proposed Code Amendments to Section 26.435, Stream
Margin Review, that will allow for the Community Development Director to be the review
authority on Roaring Fork River Stream Margin Review Applications and the adoption of the
Stream Margin Map as the official determination of top of slope and high water line.
Recommended Motion:
"I move to approve Resolution No. Series of 2001, recommending that City Council
approve Code Amendments that will reorganize the Stream Margin Review Section, give the
Community Development Director decision- making authority on Roaring Fork River Stream
Margin Review Applications and the adoption of the Stream Margin Map as the official
determination of top of slope and the high water line for properties on the Roaring Fork River.
0
RESOLUTION NO._
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO LAND USE CODE SECTION 26.435.020, AUTHORITY,
AND AN AMENDMENT THAT REPEALS SECTION 26.435.040, STREAM
MARGIN REVIEW, AND ENACTS REORGANIZED TEXT THAT AMENDS THE
STREAM MARGIN REVIEW PROCESS FOR PROPERTIES ON THE ROARING
FORK RIVER TO A REVIEW BY THE COMMUNITY DEVELOPMENT
DIRECTOR, AND ADOPTS THE STREAM MARGIN MAP AS THE OFFICIAL
DETERMINATION OF TOP OF SLOPE AND HIGH WATER LINE OF THE
ROARING FORK RIVER, AND TO CLARIFY REVIEW STANDARDS TO THE
STREAM MARGIN REIVEW, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application.for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments application to change the Stream Margin Review Process for properties on
the Roaring Fork River to a review by the Community Development Director pursuant to
Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for Code Amendments that would change the Stream Margin Review
Process for properties on the Roaring Fork River to a review by the Community
Development Director, reorganize the code section, and adopt the Stream Margin Map
created by Sopris Engineering as the official determination in regards to top of slope and
high water line for properties on the Roaring Fork River; and,
WHEREAS, the Planning and Zoning Commission finds that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
M
WHEREAS, during a public hearing on November 6, 2001, the Planning and
Zoning Commission recommended, by a to vote, the City Council
approve the amendments to Section 26.435.020, Authority, Section 26.435.040(B)(3),
Stream Margin Exemptions, and . Section 26.435.040(C), Stream Margin Review
Standards as proposed by the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
,section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority of the Stream Margin
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is approved as noted below:
Section 26.435.020: Authority. Following the receipt of the recommendation
from the Community Development Department, the Planning and Zoning
Commission, in accordance with the procedures, standards and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for development in an environmentally sensitive area
(ESA), with the exception of development within a stream margin of the Roaring
Fork River. Development within this stream margin of the Roaring Fork River
shall be reviewed by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove
an application for development in the stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions,
or disapprove a development application for exempt development in an
environmentally sensitive area (ESA).
Section 2
That Section 26.435.040 be repealed and enact the code language in Section 3.
Section
That the Code Amendment application to amend the (1) review authority of the Stream
Margin Review to a review by the Community Development Director, (2) adopt the
Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish
an appeal process for administrative stream margin determinations, and (4) reorganize
the Stream Margin Review Section is approved as noted below:
26.43 5.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary streams, and to all development within the
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
types of development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or
structures for irrigation, drainage, flood control or water diversion, bank
stabilization provided plans and specifications are submitted to the City
Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community
Development Director determines the proposed structure complies, to the
extent practical, with the Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water
systems, sanitary sewer, utilities, and fire suppression systems provided
the Community Development Director determines the development
complies, to the extent practical, with the Stream Margin Review
Standards.
3. The expansion, remodeling, or reconstruction of an -existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of
building area exempt from floor area calculations by more than
twenty-five (25) percent. All stream margin exemptions are
cumulative. Once a development reaches these totals, a Stream
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of this
Code.
C. The development is located such that no portion of the expansion,
remodeling or reconstruction will be any closer to the high water
line than is the existing development;
12
i. The development does not fall outside of an approved
building envelope if one has been designated through a
prior review; and
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
1. It can be demonstrated that any proposed development which is in the Special
Flood Hazard Area will not increase the base flood elevation on the parcel
proposed for development. This shall be demonstrated by an engineering
study prepared by a professional engineer registered to practice in the State of
Colorado which shows that the base flood elevation will not be raised,
including, but not limited to, proposing mitigation techniques on or off -site
which compensate for any base flood elevation increase caused by the
development; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan- and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
3. There is no vegetation removed or damaged or slope grade changes (cut or
fill) made outside of a specifically defined building envelope. A building
envelope shall be designated by this review and said envelope shall be
recorded on a plat pursuant to Section 26.43 5.040(F)(1).
4. The proposed development does not pollute or interfere with the natural
changes of the river, stream or other tributary, including erosion and/or
sedimentation during construction. Increased on -site drainage shall be
accommodated within the parcel to prevent entry into the river or onto its
banks. Pools or hot tubs cannot be drained outside of the designated building
envelope; and
13
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is
submitted to the Federal Emergency Management Agency; and
6. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that
the flood carrying capacity on the parcel is not diminished; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting
within fifteen (15) feet back of the top of slope or the high waterline,
whichever is most restrictive. This is an effort to protect the existing riparian
vegetation and bank stability. New plantings (including trees, shrubs, flowers,
and grasses) outside of the designated building envelope on the river side shall
be native riparian vegetation as approved by the City. A landscape plan will
be submitted with all development applications. The top of slope and 100
year flood plain elevation of the Roaring Fork River shall be determined by
the Stream Margin Map located in the Community Development Department
and filed at the City Engineering Department.
9. All development outside the fifteen (15) foot setback from the top of slope
does not exceed a height delineated by a line drawn at a forty-five (45) degree
angle from ground level at the top of slope. Height shall be measured and
determined by the Community Development Director using the definition for
height set forth at Section 26.04.100 and method of calculating height set forth
at Section 26.575.020.
10. All exterior lighting is low and downcast with no light(s) directed toward the
river or located down the slope and shall be in compliance with section
26.575.150. A lighting plan will be submitted with all development
applications; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
Ail appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below.
In this case, the Community Development Director's finding shall be forwarded
as a recommendation and a new application need not be filed.
14
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards,
or an appeal. of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at
a public hearing for which notice has been published, posted and hailed, pursuant
to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be
approved, approved with conditions, or denied based on conformance with the
following review criteria:
1. An authorized survey from a Colorado Professionally Licensed Surveyor
shows a different determination in regards to the top of slope and 100 year
flood plain than the Stream Margin Map located in the Community
Development Department and filed in the City Engineering Department, and
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
l . The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
3. The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4--
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
15
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
16
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
t
ADDRESS OF PROPERTY:Wo!57/�_S_ AJI AiA4_1 A a ,Aspen, C
o
SCHEDULED PUBLIC HEARING DATE: , 2004
NEW -
STATE OF COLORADO )
SS.
County of Pitkin )
I,L1
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
AW
Publicati on of notice. By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting(14
o notice: B posting of notice which
f y p g form was obtained from to
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the day of
-, 200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing ,of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen °Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of t operty
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was acknowledged before me this D-day
o ff;.. ,1. { , 2001, by L IA)9T
PUBLIC NOTICE
RE: CITY OF ASPEN LAND 11 -e
MENT: SECTION 26.435.040 c-
VIEW PROCESS
NOTICE IS HEREBY GIVEN I t
will be held on November 6, ' i!,
begin at 4:30 P.M. before the Asps
Zoning Commission, Sister Cilir.s A
City Hall 1:30 South Galena, Asp-n, to
application submitted by the Cite of A
munity Development Deparinwrit, requt
proval for a proposed code amendment ,
Use Code Section 26.435.040, Stream Mang
iew. The request is to convert the Stream .
i Review Process from a one step land use
vie , by the Planning and Zoning Commissinn t•
an idminist'ative land use review by the Com-
munity Development Director. For further infor-
mation contact James Lindt at the Aspen /Pitkin
Community Development Department, 130 South
Galena St., Aspen, CO (970) 920-5104,
jamesK:,)ci.aspen.co.us.
s/Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on Octor
2001. (8024)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: �' h
o ary Public
PUE?4
of
z; JPG� N
ATTACK S o
V
TE OF GO
COPY OF THE PUBLI=ON
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE O WNERS AND GO VERNMENTAL A GENCIES NO TI CED
B Y MAIL
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Deputy Director
FROM: Chris Bendon, Senior Planner
RE: Subdivision Code Amendment - Public Hearing
Provision for Subdivision approval prior to Growth Management
approval for creating affordable housing parcels
DATE: November 6, 2001
SUMMARY:
Currently, the Subdivision regulations require an allotment or exemption from GMQS
be acquired prior to, or in conjunction with, the review for Subdivision approval.
Subdivision has been the primary trigger for the City's growth management system
although other methods have been incorporated into the code since the original
adoption of growth management.
The City Council and the Planning and Zoning Commission recently (September 261h)
discussed this issue at a joint work session in relation to a request by the Villas of
Aspen Condominium Association. The two Boards directed staff to initiate a code
amendment to allow for the division of land prior to obtaining growth management
approvals for land zoned for affordable housing.
This change will allow larger properties to be subdivided and rezoned to the Affordable
Housing — Planned Unit Development Zone District. A new owner of that parcel would
be required to proceed through the Planned Unit Development process and the process of
obtaining growth management approvals. Public hearings would be required at both
Planning and Zoning Commission and with the City Council.
Staff believes this amendment is consistent with the Goals and Objectives of the Aspen
Area Community Plan and the direction given during the joint work session. Sufficient
public involvement would be maintained through the PUD process. And, significant
assurance would be provided with the property being zoned affordable housing, as any
rezoning action would require approvals from the Planning and Zoning Commission and
City Council.
Staff recommends the Commission recommend adoption of this code amendment.
MAIN ISSUES:
Staff s primary concern with Subdividing and Rezoning land with no specific
development proposal has been the ability to serve potential development. With no
actual plan, it is very difficult for utility agencies and service providers to estimate their
ability to serve and difficult for planning staff to assess potential impacts on the
community in general. However, the Subdivision approval criteria are sufficient to
understand the capabilities of the property and the ability to serve the property.
The lack of a development plan may also place officials in an awkward role with
neighbors who are publicly noticed for a pending land use decision with no actual site
specific plan being proposed. This is similar to the majority of subdivision approval
processes around the country. Public hearings for conceptual and final PUD Plan
approval would be required prior to development and staff believes significant
opportunity for neighbor involvement is maintained through this process. The issue of an
unknown future affordable housing project must be handled during the actual subdivision
process and weighed with the benefits of zoning land for affordable housing.
Staff does not believe these issues suggest the amendment is flawed. In fact, the
amendment may facilitate private sector affordable housing projects - a stated goal of the
AACP.
APPLICANT:
City of Aspen.
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this Resolution.
This concept was discussed at a joint work session between the City Council and the
Planning and Zoning Commission on September 26, 2001.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend
by Resolution City Council approve, approve with conditions, or deny the application.
STAFF COMMENTS:
The Resolution shows the proposed changes to the Subdivision section and highlights
the amendments as follows: Cress out. text is proposed for removal. Underlined text
is proposed for addition. Regular text indicates no changes.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission r c mmend approval of the
Subdivision amendments as described in Resolution 01Ai
-
RECOMMENDED MOTION:
"I move to approve PZ-Resolution 01 ecommending approval of the Subdivision
amendments creating a process to subdivi e land for affordable housing prior to
growth management approval."
ATTACHMENTS:
Exhibit A -- Proposed Resolution
Exhibit B -- Review Criteria and Staff Comments
C:\home\Chris\CASES\Sub-no-GMOS\PZ-memo.doc
2
RESOLUTION NO —
(SERIES (SERIES OF 2001)
A RESOLUTION OF THE PLANING AND ZONING COMMISSION OF THE CITY OF
ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE SUBDIVISION
STANDARDS AND PROHIBITIONS, SECTIONS 26.480.020 AND 26.480.050 OF THE
LAND USE CODE.
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 Subdivision standards to allow for the subdivision of land prior to obtaining
growth management allotments or exemptions for the purpose of creating land for future
affordable housing projects consistent with the Affordable Housing -Planned Unit Development
Zone District; and,
WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 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
26.480.020 and 26.480.050 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 proposed amendments to the Subdivision requirements on November 6, 2001, took
and considered public testimony and the recommendation of the Planning Director and
recommended, by a to (_-_j vote, City Council adopt the proposed amendments to the
land use code by amending the text of Sections 26.480.020 and 26.480.050 of the land use code
of the Aspen Municipal Code as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:.
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission
hereby recommends City Council amend Section 26.480.020, Subdivision Applicability and
Prohibitions, which section defines, authorizes, and regulates the types of land use actions
requiring subdivision approval and those actions which may not be approved as a subdivision, by
striking and adding, denoted by strike and add, language to the Land Use Code as follows:
26.480.020 Applicability and prohibitions.
This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is
exempted pursuant to Section 26.480.030.
A. General prohibitions.
1. It shall be unlawful for any person to develop, lease, or sell any parcel of land,
including any separate interest in a parcel of land (including leasehold interest or
condominium interest) in the City of Aspen until it has been subdivided and a plat
recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of
this Chapter.
2. A written agreement to sell or lease an interest in a parcel of land which is
expressly conditioned upon full compliance by the seller with this Chapter within a
specified period of time, and which expressly recites that seller's failure to satisfy such
condition within said period of time shall terminate the agreement and entitle the buyer to
the prompt return of all consideration paid by the buyer, shall not constitute a violation of
this Chapter.
B. Development allotment. No development order for a subdivision shall be approved
pursuant to the provisions of this Chapter unless the applicant has been awarded a development
allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management
Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development
(AH-PUD) are exempt from this prohibition.
C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed,
sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any
provision of this Chapter.
D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines
established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any
part of a lot be joined with a part of any other lot for conveyance or construction, unless the
application has been made pursuant to the terms of this Chapter.
E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or
additions thereto have continuous frontage and are in single ownership (including husband and
wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this
Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or
addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated
1880, plus any lot or parcel annexed to the city since that time which constitutes a
nonconforming lot of record, plus any lot or parcel which has not received subdivision approval
by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen
which conforms to the requirements of this Title.
Planning and Zoning Commission
Resolution 44 Series of 2001
Page 2
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission
hereby recommends City Council amend Section 26.480.050, Subdivision Review Standards,
which Section defines the standards and criteria which must be found met for approval of a
subdivision, by striking and adding, denoted by strike and add, language to the Land Use Code
as follows:
26.480.050 Review Standards.
A development application for subdivision review shall comply with the following
standards and requirements:
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
b. The proposed subdivision shall be consistent with the character of existing land uses
in the area.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
B. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if
the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the
community.
Planning and Zoning Commission
Resolution Series of 2001
Page 3
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
D. Affordable housing_ A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units
shall be required to provide affordable housing in compliance with the requirements of Chapter
26.470, Growth Management Quota System.
E. E—School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to Section
26.470. Subdivision approval mqy be granted to create a parcel(s) zoned Affordable
Housing Planned Unit Development (AH-PUD) without first obtaining_ growth
management approvals if the newly created parcel(s) is required to obtain such
growth management approvals prior to development through a legal instrument
acceptable to the City Attorney.
Section 3:
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 November 6, 200L
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
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Planning and Zoning Commission
Resolution Series of 2001
Page 4
Exhibit B
Subdivision Amendments
STAFF COMMENTS: Text Amendment
Section 26.312.040, 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 subdivision process and allow for
vacant parcels zoned affordable housing to be created prior to growth management
approval. Significant public input opportunity is maintained with this process and staff
does not believe any conflicts are created with adoption of this language.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the Subdivision requirements are supported by the AACP.
Private sector development of affordable housing is a stated goal of the community and
this process is a way to implement this goal.
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 not specific to a site and actual development will need to demonstrate
adjacent compatibility prior to plan approval in the PUD process.
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.
staff comments page 1
Staff Finding:
This amendment is not specific to a site and actual development will need to demonstrate
its effects on traffic generation, road safety, infrastructure impacts, and impacts on the
natural environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Allowing greater opportunity for the private sector to realize public goals is consistent
with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Findinw.
This amendment is not specific to a parcel. The proposed amendment is the result of a
work session with policy makers in which policy changes specific to this issue were
discussed.
1. 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 affordable housing opportunities within
established neighborhoods. The community has favored private sector solutions as a
component of reaching community goals. This amendment achieves this goal.
Staff believes this Ordinance will promote the purpose and intent of this Title. This
Ordinance promotes the permanent community by emphasizing employee housing
opportunities for working residents.
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staff comments page 2
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
I* W % %. % tade
ADDRESS OF PROPERTY: I ASInA6�#. C
SCHEDULED PUBLIC HEARING DATE: , 200-4
STATE OF COLORADO )
SS.
County of Pitkin )
I�e2 (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitale,
waterproof materials, which was not less than twenty-two (22) inhes wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the day of
200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a, notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300�--Ifeetbf the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
/gilature
The foregoing "Affidavit of Notice" was acknowledged before me this day
of , 200_�, by AME6 L04
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Published in The Aspe � o
2001.(8021)
WITNESS MY HAND AND OFFICIAL SEAL
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