HomeMy WebLinkAboutagenda.apz.20021015 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, OCTOBER 15, 2002
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (09/24/02)
IlL DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. TRUSCOTT DECOMMISSIONED RESTAURANT PUD
AMENDMENT, GMQS EXEMPTION FOR AN ESSENTIAL
PUBLIC FACILITY, AND CONSOLIDATED
CONCEPTUAL/FINAL SPA, James Lindt
B. INFILL LAND USE CODE AMENDMENTS, Chris Bendon,
continued from October 8th
V. BOARD REPORTS
VI. ADJOURN
AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, OCTOBER 15, 2002
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (09/24/02)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. TRUSCOTT DECOMMISSIONED RESTAURANT PUD
AMENDMENT, GMQS EXEMPTION FOR AN ESSENTIAL
PUBLIC FACILITY, AND CONSOLIDATED
CONCEPTUAL/FINAL SPA, James Lindt
B. INFILL LAND USE CODE AMENDMENTS, Chris Bendon,
continued from October 8th
V. BOARD REPORTS
VI. ADJOURN
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MEMORANDUM
TO: Aspen Plam- ing and Zoning Commission
THRU: Joyce Ohlson, Deputy DirectorP
FROM: James Lindt, Planner
RE: Truscott Decommissioned Restaurant GMQS Exemption for an Essential
Public Facility, Consolidated Conceptual/Final SPA, PUD Amendment -
Public Hearing
DATE: October 15, 2002
APPLICANT:
City of Aspen Asset Management
Department
REPRESENTATIVE:
Michelle Bonfils, Asset Management Dept.
CURRENT ZONING:
R/MF (Residential/Multi-Family) PUD
APPROVED USE:
Community Meeting Room
LOCATION: PROPOSED USE:
Decommissioned Restaurant in Truscott 100 Office Use for Asset Management
Building Department Project Managers and On -site
Housing Managers
BACKGROUND:
The City of Aspen Asset Management Department, ("Applicant"), represented by Michelle
Bonfils, is proposing to convert the deconunissioned restaurant space in the Truscott 100
Building (formerly the Red Roof Inn) to offices. The proposal would convert the old
restaurant space to offices for four (4) employees of the Asset Management Department and
two (2) existing on -site Housing Managers. The ordinance that approved the Truscott PUD
identified that the decommissioned restaurant space could be used solely as a Community
Meeting Room. Therefore, a PUD Amendment is needed for the Applicant to change the use
of this space and to utilize several of the parking spaces within the affordable housing
parldng lot on Lot 5. In addition, the Applicant requires a GMQS Exemption for an Essential
Public Facility to expand the net leasable square footage within the Truscott PUD to
accommodate the office use. The Applicant is requesting that a consolidated conceptual/final
SPA be established to allow for the office use within the Truscott PUD.
LAND USE ACTIONS REQUESTED
The proposed application requests the following land use actions:
1) A GMQS Exemption for an Essential Public Facility to utilize the
decom nissioned restaurant as net leasable space; and,
2) A PUD Amendment to utilize parking spaces dedicated for the Affordable
Housing, and to use the decommissioned restaurant as office space; and,
3) A Consolidated Conceptual/Final SPA to allow for the office use on the
property that has an underlying zoning of R/MF (Residential Multi -Family).
REVIEW PROCEDURE:
GMQS Exemption_ for an Essential Public Facility:
City Council may approve, approve with conditions, or deny a GMQS Exemption request for
an Essential Public Facility after considering a recommendation from the Planning and
Zoning Commission and the Community Development Director.
PUD Amendment:
City Council may approve, approve with conditions, or deny an application for a PUD
Amendment after considering a recommendation from the Planning and Zoning Commission
and the Community Development Director.
Consolidated Conceptual/Final SPA:
City Council may approve, approve with conditions, or deny an application for a
consolidated conceptual/final SPA after considering a recommendation from the Planning
and Zoning Commission and the Community Development Director.
STAFF COMMENTS:
GMQS Exemption for an Essential Public Facility:
The Applicant has applied for a GMQS Exemption for an Essential Public Facility to allow
for the existing decoinnlissioned restaurant in the Truscott 100 Building to be converted into
offices for the Asset Management Department's Project Managers, as well as, for the on -site
Truscott Property Managers. The decommissioned restaurant is approximately 900 square
feet and was sterilized from commercial and office use by Ordinance 34, Series of 2000. The
aforementioned ordinance requires that the decommissioned restaurant only be used as a
community meeting space and did not provide for Growth Management Allotments for the
space to be utilized as net leasable square footage. The City of Aspen over -mitigated by 7
employees for the 11 employees that they were required to house at Truscott as a result of the
development of the new Golf Pro Shop and Iselin Pool and Ice Facility by providing housing
at Truscott for 18 City of Aspen employees. The Applicant is proposing to utilize the surplus
mitigation of 7 employees for use of the decommissioned restaurant as office space.
The Housing Authority has reviewed the proposed GMQS exemption and feels that the
Applicant is fulfilling it's mitigation requirements by using the aforementioned surplus
mitigation. Additionally, the Housing Authority does not believe that any employees will be
generated as a result of the proposed application because all of the employees that are slated
to move into the decommissioned restaurant space are currently City of Aspen employees.
The Plamling Staff also feels that it is appropriate to allow for the surplus employee housing
mitigation that was provided at Truscott to serve as mitigation for the increase in net leasable
square footage that would be yielded by this proposal.
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The Asset Management Department has requested approval of this application because it
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would provide an opportunity to co -locate the offices of their project managers. The
Applicant feels that co -locating their offices would provide greater efficiency and would
foster better communication between their Construction Project Managers and their Land Use
Managers. Furthermore, the Applicant is proposing to use the decommissioned restaurant as
offices only until Please III of the Truscott Affordable Housing is enacted or until the Civic
Center Master Plan yields more govern ment office space within the City.
The Plaiming Staff does believe that the proposal for government offices meets the definition
of an essential public facility in that the definition requires a facility to be available for use
by, or for the benefit of the public and which serves the needs for the community.
Government offices benefit the general public and are created in response to a community
need. Staff also believes that the proposal serves a public purpose in response to growth
demands as is required by the first review standard to grant a GMQS exemption for an
essential public facility. The increasing growth pressure on the City of Aspen over the past
decade has expanded the need for the development of employee housing and community
facilities, and because the Asset Management Department is largely responsible for such
development, they have experienced a need for more office space. Therefore, Staff believes
that the proposal to utilize the decommissioned restaurant as offices is in response to growth
generated within the community and meets the definition of an "Essential Public Facility".
PUD Amendment.:
The Planning Staff finds that the proposal will slightly increase the demand for parking at
Truscott. The Applicant believes that the office use will only require two (2) parking spaces
for the two (2) fleet vehicles that are owned by the Asset Management Department as is
requested in the application. Therefore, the Applicant has proposed to utilize two (2) parking
spaces on Lot 5, the area designated as parking for affordable housing at Truscott.
Staff finds that the utilization of two (2) parking spaces for the proposed office use would
have a negligible affect on the parking demand within the PUD. In reviewing the approved
parking arrangement at Truscott, Staff feels that sufficient parking exists within Lot 5 to
accommodate the proposal. Originally, a one parking space per unit ratio was proposed at
Truscott but was bumped up through the review process to 225 parking spaces for the 195
affordable housing units on the site (1.15 spaces per unit). During the conceptual review of
the Truscott PUD, former City of Aspen Transportation Planner Claude Morelli, encouraged
the City to limit the availability of residential parking in this location (memo included as
attaclunent "D").
Morelli felt that limiting the availability of residential parking would encourage
economization and the sharing of vehicle ownership and use. Additionally, Assistant City
Manager Randy Ready has reviewed the proposal and feels that the on -site parking should be
sufficient to accommodate the proposed office use (please see parking referral continents
attached as Exhibit "E"). Staff believes that Morelli's recommendation holds true and that
the affordable housing will continue to be effectively parked even if two of the parking
spaces designated for the affordable housing are shifted to use by the Project Managers.
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Consolidated Conceptual/Final SPA:
The Applicant has requested approval of a consolidated conceptual/final SPA to allow for the
office use in the decommissioned restaurant because the Lulderlying R/MF (Residential/Multi-
Family) zoning does not allow for offices as a permitted use. The Planning Staff feels that the
offices that are accessory to on -site uses and the operations of the golf course and the
affordable housing units are appropriate for the space. However, the Plalming Staff does not
believe that the proposed offices for the Asset Management Department's Project Managers
enhance the mix of land uses in the immediate vicinity. Staff believes that the majority of
general public office uses (offices not accessory to on -site uses) should be focused within the
civic center area of Aspen and not outside of the original townsite. Moreover, Staff does not
believe that the office use is compatible with the affordable housing use within the vicinity.
Thus, the Plaiuling Staff calulot support the establishment of the proposed consolidated
conceptual/final SPA to allow for offices that serve off -site projects within the Truscott 100
Building.
Summary of Staff Comments:
Staff feels that offices for the on -site Property Managers at Truscott are appropriate for the
decommissioned restaurant space and do not require land use actions because they are
accessory to the Affordable Housing Units on -site. However, from a land use perspective,
Staff does not feel that proposed office use for the Asset Management Department's Project
Managers are compatible with the surrounding uses. Staff does not support the
decentralization of public offices from the periphery area of the core of the City as a solution
to the increasing demand for public/government office space. Therefore, the Planning Staff
cannot support the proposed land use requests.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission put forth a
recommendation that City Council deny the proposed GMQS Exemption for an
Essential Public Facility, PUD Amendment, and Consolidated Conceptual/Final SPA to
use the decommissioned restaurant as office space finding that the review standards
have not been met.
Recommended Motion: ( All motions are read in the affirmative)
"I move to approve Resolution No.�, Series of 2002, recommending that City Council
approve the proposed GMQS Exemption for an Essential Public Facility, PUD Amendment
to designate two (2) parking spaces in Lot 5 for the office use, and a Consolidated
Conceptual/Final SPA to allow for the decommissioned restaurant space in the Truscott 100
Building to be used as offices for four (4) Asset Management Department Project Managers
and two (2) Asset Management Department On -site Property Managers."
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ATTACHMENTS:
Exhibit A --
Review Criteria and Staff Findings
Exhibit B --
Development Application
Exhibit C --
Referral Comments
Exhibit D --
Transportation Planner Claude Morreli's Memo Dated Feb. 9,
2000
Exhibit E --
Parking Referral Conu-nents
C:\home\nickl\Active Cases\Rio Grand SPA Skateboard Park Amendment\Rio Grande SPA Amendment.doc
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RESOLUTION N0. �g
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE 1)A
GMQS EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY, 2) ESTABLISH A
CONSOLIDATED CONCEPTUAL/FINAL SPECIALLY PLANNED AREA ON
LOT 2 OF THE ASPEN GOLF COURSE SUBDIVISION, AND 3) A PUD
AMENDMENT TO THE TRUSCOTT PUD TO ALLOW FOR THE
DECOMMISSIONED RESTAURANT IN THE TRUSCOTT 100 BUILDING TO BE
USED AS OFFICES FOR THE CITY OF ASPEN ASSET MANAGEMENT
DEPARTMENT'S PROJECT MANAGERS, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2 735-111-09- 702
WHEREAS, the Community Development Department received an application
from the City of Aspen Asset Management Department in conjunction with the Housing
Authority, represented by Michelle Bonfils, requesting approval of 1) a GMQS
Exemption for an Essential Public Facility, 2) to establish a consolidated conceptual/final
SPA on Lot 2, of the Aspen Golf Course Subdivision, and 3) a PUD amendment to the
Truscott PUD to allow for the Project Managers to use the decommissioned restaurant on
Lot 2 as office space until the start of construction on Truscott Phase III or the enactment
of the Civic Center Master Plan; and,
WHEREAS, City Council Ordinance 34, Series of 2002, restricts the use of the
deconunissioned restaurant area in the Truscott 100 Building to a Community Meeting
Room; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial of the proposed 1) GMQS
Exemption for an Essential Public Facility, 2) Consolidated Conceptual/Final SPA, and 3)
PUD amendment to allow for the decommissioned restaurant to be used as offices; and,
WHEREAS, during a duly noticed public hearing on October 15, 2002, the
Plamung and Zoning Commission approved this resolution, by a to
vote, recommending that City Council approve the proposed GMQS Exemption for an
Essential Public Facility, Consolidated Conceptual/Final SPA to allow for the office use on
Lot 2, of the Aspen Golf Course Subdivision, and PUD Amendment; and,
WHEREAS, the Aspen Plaiuung and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the 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 Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
�ectinn 1
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.470.070) GMQS Exemptions; Section 26.440, Specially P1amled Area; and Section
26.445, Planned Unit Development; the Planning and Zoning Conunission recommends
that City Council approve a 1) GMQS Exemption for an Essential Public Facility, 2) a
Consolidated Conceptual/Final SPA on Lot 2 of the Aspen Golf Course Subdivision, and
3) a PUD Amendment to allow for the Asset Management Department to use the
decommissioned restaurant space in the Truscott 100 building as offices for their four (4)
Project Managers and two (2) On -site Truscott Property Managers.
'qeetinn 2
All material representations and conunitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
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.
�ectinn 4--
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 Planning and Zoning Commission of the City of Aspen on this 15"'
day of October, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
EXHIBIT A
Growth Management Quota System Exemption for an Essential Public Facility
Review Criteria & Staff Findings
An Exemption from the Growth Management Quota System for the construction of an
Essential Public Facility may be approved by City Council after considering a
recommendation from the Planning and Zoning Commission. This exemption is available
provided that the following conditions are met:
1. Except for housing, development shall be considered an essential public
facility if:
a. it serves an essential public purpose, provides facilities in response
to the demands of growth, is not itself a significant tn
growth
generator, is available for use by the general public, and serves the
needs of the City.
Staff Finding
Staff believes that the proposal for government offices meets the definition of an "Essential
Public Facility" in that the definition requires a facility to be available for use by, or for the
benefit of the public and which serves the needs for the community. Staff believes that
goverm,nent offices benefit the general public and are created in response to a community
need. Staff also feels that the proposal serves a public purpose in response to growth
demands of the community. The increasing growth pressure on the City of Aspen over the
past decade has expanded the need for the development of employee housing and community
facilities, and because the Asset Management Department is largely responsible for such
development, Staff finds that the proposal to utilize the decommissioned restaurant as offices
is in response to the growth of the Community.
2. An applicant for an exemption pursuant to this Section shall be required
to demonstrate to the satisfaction of the City Council:
a. That the impacts of the essential public facility will be mitigated,
including those associated with:
i. The generation of additional employees, the demand for
parking, road and transit services, and
Staff Finding
Staff believes that sufficient parking exists to accommodate the additional demand that
would be placed on the facility by the proposal. An analysis that was done by former City of
Aspen Transportation Planner Claude Morelli, encouraged limiting the parking available to
one parking space per affordable housing unit as was originally proposed by the Housing
Authority for the site. During the final PUD review process, the requirement was bumped up
to 225 parking spaces for the 195 affordable housing units, which yields a higher ratio of
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about 1.15 parking spaces per unit. Furthermore, the Planning Staff felt that the original
proposal of one parking space per unit was appropriate. Given that there have been
considerably more than one parking space per unit developed within the PUD, Staff believes
that the use of two parking spaces by the Asset Management Department will not have a
considerable negative impact on the parking situation. Staff believes that sufficient parking
exists to accommodate the proposal. Staff finds this criterion to be met.
ii. The need for basic services including but not limited to
water supply, sewage treatment, drainage control, fire and
police protection, and solid waste disposal.
Staff Finding
The space is existing and once accommodated a restaurant use. The proposed office use will
not exceed the demand on the basic services that the restaurant placed on the structure.
The proposed development has a negligible adverse impact
on the City's air, water, land and energy resources, and is
visually compatible with surrounding areas.
Staff Finding
,Staff believes that moving the City Asset Management Department employees may increase
vehicle trips because their job necessitates that they attend to city business and meetings that
are held downtown. On the other hand, the co -location of the City's Project Managers may
reduce the vehicle trips associated with their internal communication. Therefore, Staff does
not believe that there will be a large increase in the vehicular trips generated by the proposal
and thus, there will be negligible impacts on the City's air. Furthermore, the proposal will
not affect the exterior of the building and will not have a visual impact on the surrounding
areas. Staff finds this criterion to be met.
3. Notwithstanding the criteria as set forth in sub -Sections (1) and (2), above,
the City Council may determine upon application that development
associated with a nonprofit entity qualifies as an essential public facility and
may exempt such development from the growth management competition
and scoring procedures and from such mitigation requirements as it deems
appropriate and warranted.
Staff Finding
Staff finds that the proposal has been initiated by a non-profit entity and qualifies as an
essential public facility that serves and benefits the general public. However, Staff does not
believe that the proposal to move existing government employees from the civic center area
of town to the perimeter encourages good growth. Staff feels that the proposal would add to
sprawl and the decentralization of goveriunent facilities that don't serve an accessory purpose
to the Golf Course or the on -site affordable housing units at Truscott. Staff does not find this
criterion to be met.
b
PUD Amendment
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Plaiming and Zoning Commission shall
consider:
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 does not feel the proposed use of offices for the Asset Management Department's Project
Managers is consistent with the existing land uses in the immediate vicinity. The existing land
uses in the immediate vicinity are primarily related to the operations -of the Golf Course or are
accessory to the Truscott Affordable Housing Units. Additionally, Staff .does not feel that the
proposal to remove employees from the center of town and relocate them on the perimeter of the
City is consistent with the growth management goals of the AACP. The growth management
section of the AACP encourages a coinpact, dense community. Staff feels that the proposal is in
conflict with aforementioned goal in that it fosters the sprawl of office space to the outreaches of
the city. In addition, Staff believes that the proposal is conflict with the economic sustainability
section of the AACP that calls for a lively downtown. Removing employees from the downtown
can only further detract from the lively nature of downtown. Staff does not find this criterion to
be met by the proposal.
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:
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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
future land uses in the surrounding area.
b) Natural or man-made hazards.
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 believes that sufficient parking exists in the affordable housing parking lot to
accommodate the proposal as is detailed in Staff s response to Review Criteria No. 2 in the
Growth Management Exemption Staff Findings. However, Staff does not believe that the
proposed office use is compatible with the surrounding land uses in that the proposal is
decentralizing government offices from the civic center area. Staff does not find this
criterion 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
The space subject to this application is internal to an existing structure and thus will not
affect the scale, massing, and quantity of open space. Staff finds this criterion not to be
applicable 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.
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d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
Staff does believe that sufficient parking exists to accommodate the proposal as is detailed in
Staff's response to Review Criteria No. 2 of the GMQS Exemption Staff Findings. However,
Staff does not believe that the proposal is appropriate in that it decentralizes public offices
from the commercial core area. The proposed offices would move employees from their
current offices in the core area of the city and place them at the edge of town, where the
current uses are primarily residential or related to the operations of the Golf Course. Thus,
Staff feels that the lack of proximity to the commercial core of the proposed office increases
the demand to utilize vehicles in comparison to the Project Managers' current office location.
Staff does not believe these review standards have been 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:
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
Staff does not believe the proposed amendment will affect the water pressure, drainage, or
other utilities. . Furthermore, Staff does not believe that the proposed amendment will
increase the need for snow removal and road maintenance because these activities are already
required to serve the affordable housing on the site. Staff finds this criterion to be met.
5. 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 mud flow, rock falls 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
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with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
The proposed amendment only affects the use of the interior space and will not have an affect on
the natural site characteristics within the PUD. Staff finds this criterion not to be applicable to
the proposed 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 5, 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.
Staff Finding
The maximum allowable density of the PUD is not being increased by the proposed
amendment. However, Staff believes that the proposed use of the decommissioned restaurant
as public offices is not compatible with the surrounding land uses that are primarily
residential in nature or related to the operation of the Golf Course. Staff does not believe that
this criterion is applicable 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.
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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.
5. 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
The structure is existing and the relationship between the building and public spaces will be
unchanged as a result of the proposed PUD amendment. The site drainage was reviewed as
part of the Planned Unit Development approval received in 2000. Staff finds this criterion to
be met.
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 fallowing:
1. 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
The exterior landscaping is not proposed to be changed as part of the proposed PUD
amendment. Staff finds this criterion not to be applicable to the proposed application.
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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:
1. 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.
Staff Finding
The structure is existing. The applicant is not requesting changes to the exterior of the
building as part of the proposed PUD amendment. Staff finds this criterion not to be
applicable to the proposed application.
F. Lighting.
The purpose of this standard 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 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.
13
Staff Finding
There are no proposed amendments to the exterior lighting as part of this PUD amendment.
Staff finds that this criterion is not applicable to the proposed application.
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:
1. 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.
2. 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.
3. There is proposed an adequate assurance through a legal instrument for
the permanent care and maintenance of open spaces, recreation areas,
and shared facilities together with a deed restriction against future
residential, commercial, or industrial development.
Staff Finding
The proposed PUD amendment will not affect the amount of open space or recreation area
within the PUD. Staff finds this criterion to be applicable to this application.
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.
14
Staff Finding
The utilities and public infrastructure on the site are existing. Staff believes that the proposed
office use will not have greater demand on the utilities or site improvements than the
previous restaurant use of the space. Staff finds this criterion to be met.
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.
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.
5. 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
The vehicular and pedestrian access will not change because the space is existing. However,
Staff feels that the conversion of the deconunissioned restaurant from conference space to
full time office space will slightly increase the amount traffic using the roads within the
Truscott PUD. Staff does believe that the vehicular access and improvements within the
PUD are adequate to accommodate the proposed use. Staff finds this criterion to be met.
15
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
The Applicant has proposed to use the decommissioned restaurant as office space only until
the construction of Phase III of Truscott is approved and built or until the conceptual Civic
Center Master Plan is implemented to provide additional govenunent office space in the core
of town. However, both Truscott Phase III and the Civic Center - Master Plan are only
conceptual in nature at this point in time.. Staff feels that there is a chance that the proposed
office use could remain in the Truscott 100 Building for much longer than the Applicant
anticipates if Truscott Phase III construction is not started in 2006 as is anticipated.
16
TRUSCOTT OFFICES CONSOLIDATED CONCEPTUAL/FINAL SPA
REVIEW CRITERIA & STAFF FINDINGS
26.440.050. Review standards for development in a Specially Planned Area (SPA).
In the review of a development application for a consolidated conceptual/final development
plan, the Planning and Zoning Commission and City Council shall consider the following:
I. Whether the proposed development is compatible with or enhances the mix
of development in the immediate vicinity of the parcel in terms of land use, density,
height, bulk, architecture, landscaping and open space.
Staff Finding
Staff does not believe that the proposed use of offices for the Asset Management
Department's Project Managers is compatible with the mix of uses in the immediate vicinity.
The inunediate vicinity mainly consists of uses associated with the Golf Course and the
Affordable Housing Units. Staff believes that the proposed offices will serve off -site projects
and thus, are not geared to serving the on -site facilities as would be consistent with the other
offices within the PUD. Additionally, Staff believes that the public office use should remain
within the commercial and civic core area of the City. Staff finds this criterion not to be met.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
Staff Finding
Staff believes that sufficient public facilities and roads do exist to support the proposed office
use, but the use will have minor negative impacts on the traffic utilizing the entryway in and
out of Truscott. However, Staff believes that sufficient roads and vehicular access exist
within the PUD to accommodate the proposal. Staff finds that this criterion is generally met.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibilio� of mud
flow, rockfalls, avalanche dangers and flood hazards.
Staff Finding
The subject space is internal to an existing structure. Staff finds this criterion not to be
applicable to this application
4. Whether the proposed development creatively employs land planning
techniques to preserve significant view planes, avoid adverse environmental
impacts and provide open space, trails and similar amenities for the users of the
project and the public at large.
Staff Finding
Staff believes that the proposal to move several of the Asset Management Department's
employees from the Plaza I Building (within the Civic Center Area) to Truscott will possibly
17
increase the trip generation of the public to and from the site; which in turn, would increase
the air pollution. Staff does not find this criterion to be met.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Finding
Staff does understand the need for additional governinent office space and the need to co -
locate employees to make their department more efficient. Furthermore, Staff believes that
the proposal does locate development near a RFTA bus stop as is consistent with the Aspen
Area Community Plan. However, Staff believes that decentralizing goveriunent offices from
within the core of the City will increase vehicle trips which is not consistent with the AACP.
In addition, the AACP's Future Land Use Composite Map indicates that the subject parcel is
to be used solely for Affordable Housing and it's accessory uses. The proposed office use is
not accessory to an on -site use. Furthermore, employees within the City's commercial and
civic core are essential to the economic and social vitality of the downtown. These are the
people who utilize the professional services of downtown (ie. lawyers, printers, other.
government departments, etc.), as well as, visit the downtown restaurants and retail
establislunents. By removing employees from the downtown area you further detract from
the vitality of the core. Staff finds that this criterion is not met.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
Staff Finding
Staff does not believe the proposed development will require the expenditure of excessive
public funds; rather, Staff believes that the proposal would save public funds by using an
existing space for office. Staff finds this criterion to be met.
7. Whether proposed development on slopes in excess of twenty (20) percent
meet the slope reduction and density requirements of Section 26.445.040(B)(2).
Staff Finding
There are no slopes on the subject parcel that are in excess of 20%. Staff finds that this
criterion is not applicable.
8. Whether there are sufficient GMQS allotments for the proposed
development.
Staff Finding
The Applicant has concurrently applied for a GMQS Exemption for an Essential Public
Facility to allow for the decommissioned restaurant space to be used as net leasable square
footage. However, Staff does not support the proposed GMQS Exemption. Please refer to
the criteria and staff findings for Staff s analysis of the proposed GMQS Exemption.
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Chris Bendon, Senior Long Range Planner
RE: City of Aspen Infill Program — Continued Public Hearing
DATE: October 15, 2002
SUMMARY:
This meeting is the fifth substantive review meeting to consider amendments to the
Land Use Code related to the Infill Report. Included, by reference, to the previous
memorandum were exhibits for revised and new sections of the Land Use Code
contained in a 3 -ring binder.
Tonight's focus will be on:
Pedestrian Amenity (proposed text J and existing text JJ)
Historic Transferable Development Rights (proposed text I)
Lodge Zone Districts (attached sections)
View Planes (proposed text K)
ATTACHMENTS:
Section M — Proposed Lodge Base Zone District
Section MM — Existing Lodge/Tourist Residential Zone District
Section N — Proposed Commercial Lodge Zone District
Section NN — Existing Commercial Lodge Zone District
Section O — Proposed Lodge Overlay Zone District
Section P — Proposed Lodge Preservation Overlay Zone District
Section PP — Existing Lodge Preservation Overlay Zone District
REFERENCE MATERIALS:
Proposed and Existing legislation, 3-Ring Binder (distributed 9.17.02)
Infill Report (distributed 9.3.02)
1
Exhibit
Proposed Lodge Zone
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage
construction, renovation, and operation of lodges, tourist -oriented multi -family buildings,
high occupancy timeshare facilities, and ancillary uses compatible with lodging to
support and enhance Aspen's resort economy.
B. Permitted uses. The following uses are permitted as of right in the Lodge (L)
Zone District:
1. Uses allowed on Basement and Ground Floors: Retail Uses, Neighborhood
Commercial Uses.
2. Uses allowed on all floor levels: Lodging, Timeshare Lodge, Exempt
Timesharing, offices and activities accessory to timeshare unit sales (see Section
26.590), conference facilities, uses associated with outdoor recreation facilities
and events, accessory uses and structures, storage accessory to a permitted use,
Affordable Multi -Family Housing accessory to a lodging or timeshare operation,
Free -Market Multi -Family Housing accessory to a lodging or timeshare operation.
C. Conditional uses. The following uses are permitted as conditional uses in the
Lodge (L) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Arts, Cultural and Civic Uses; Public Uses; Academic Uses; child care center;
home occupations.
2. Single -Family and Duplex residences on Historic Landmark properties.
3. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per d-w�elling unit (square feet):
a. For single-family and duplex structures — 3,000 square feet.
b. For Exempt Timesharing — 1,500 square feet.
c. For lodge, Timeshare Lodge, and residential units accessory to a
lodging or timeshare operation — no requirement.
3. Minhimni lot i4)idth (feet): 30.
4. Minimum_ ront yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Maximum height:
a. Single -Family and Duplex: 25 feet.
b. All other uses:
1. 42 feet for up to three floors above grade. 52 feet for partial
fourth floor, pursuant to Special Review. (Fourth floor may not
exceed .5:1 floor area.)
2. 45 feet for a four-story building. (Fourth floor may exceed .5:1
floor area.)
8. Minimum distance between buildings on the lot (feet): 10.
9. Percent of Pedestrian Amenity space required for building site: 25. May
be reduced by providing pedestrian amenity pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each type of use)
a. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; child care center: .5:1.
b. Lodge, Timeshare Lodge, uses ancillary to lodging facilities, and
Commercial Parking Facility: 2.5:1.
c. Affordable Multi -Family Housing: .5:1. which may be increased by
Special Review, pursuant to Section 26.430.
d. Free -Market Multi -Family Housing: .5:1 only with extinguishment of
Historic TDRs. Each City of Aspen Historic Transferable Development
Right certificate extinguished, pursuant to Section 26. TDR. Extinguish,
shall allow 750 square feet of free market housing.
e. Detached residential and duplex dwellings: Same as R6 Zone District.
mmExhibit
Existing LTR Zone
26.710.190 Lodge/Tourist Residential (L/TR).
A. Purpose. The purpose of the Lodge/Tourist Residential (L/TR) zone district is to
encourage construction and renovation of lodges in the area at the base of Aspen
Mountain and to allow construction of tourist -oriented detached, duplex and multi -family
residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist
Residential (L/TR) zone district:
1. Lodge units;
2. ' Boardinghouse;
3. Hotel;
4. Multi -family dwellings;
5. Detached residential or duplex dwellings, only on lots of 6,000 square feet
or less;
6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge units,
boardinghouses, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and
8. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the
Lodge/Tourist Residential (L/TR) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Restaurant;
2. Timesharing; and
3. Commercial parking utilizing excess or vacant spaces on a parcel occupied
by a lodge, hotel, or other commercial operation. A commercial parking operation
shall include traffic management methods to reduce vehicular congestion and
improve air quality in the community.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge/Tourist Residential (L/TR) zone
district:
1. Miniiigwn lot size (square feet): 6,000.
2. lllinimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex:3,000.
C. Multi -family dwellings: One (1) bedroom per one thousand (1,000)
square feet of lot area, provided that- a studio shall be considered a one (1)
bedroom unit.
d. Lodge units: No requirement. Whenever kitchen facilities are
installed in a lodge in the Lodge/Tourist Residential (L/TR) zone district,
such unit shall be deemed a multi -family unit and the lodge shall be
required to satisfy the minimum lot area requirements for a multi -family
dwelling unit as provided in this Title.
e. Multi -family dwellings on a lot of 27,000 square feet or less, when
at least fifty percent (50%) of the units built on -site are restricted as
affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi -family dwellings on a lot of 27,000 square feet or less, when
one hundred percent (100%) of the units built on -site are restricted as
affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
3. Minimum lot i44dth (feet): 60.
4. Minimum front yard setback (feet): 10.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 10.
7. Maximun2 height (feet): 28.
8. Minimum distance beti4;een principal and accessory buildings (feet): 10.
9. Percent of open space required for building site: 25.
10. External floor area ratio (applies to conforminz and nonconforming lots
of record).- For detached residential dwellings and duplexes the external floor area
shall be the same as in the R6 zone district. All other uses: 1: 1.
11. Internal floor area ratio:
a. Multi family: No requirement.
b. Lodge, rental space: Maximum of 0.5:1, which can be increased to
0.75:1 internal F.A.R. of lodge rental space provided 33 1/3% of
the additional floor. area is approved for residential use restricted to
affordable housing for employees of the lodge.
C. Lodge: Non -unit space: Minimum of 0.25:1.
Exhibit
Proposed Commercial Lodge Zone
26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide
for the establishment of mixed -use commercial and lodge development by permitting
commercial uses on the ground floor with lodging development above.
B. Permitted uses. The following uses are permitted as of right in the Commercial
Core (CC) zone district:
1. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement
and Ground Floors, respectively, within the Commercial Core Zone District.
2. Uses allowed on Upper Floors: Lodging, Timeshare Lodge, Affordable Multi -
Family Housing accessory to a lodging or timeshare operation, Free -Market
Multi -Family Housing accessory to a lodging or timeshare operation.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) zone district, subject to the standards and procedures established
in Chapter 26.425:
1. Conunercial Parking Facility, pursuant to Section 26.515;
D. Dimensional requirements. The following dimensional requirements shall apply
to. all permitted and conditional uses in the Commercial Lodge (CL) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minin7u»2 lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimu»Z rear yard setback (feet): No requirement except trash/utility
service area shall be required abutting alley. The dimensional requirement for the
utility/trash service area shall be as follows, unless reduced pursuant to Chapter
26.430:
a. Up to 6, 000 square feet of net leasable floor area within a building: an
area a minimum of 20 feet in length, measured parallel to the alley, with a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground level.
b. Each additional 1, 200 square feet of net leasable floor area within a
building, the minimum length measured parallel to the alley shall be
increased by 1 foot.
7. Maximuni height: To promote variety of building heights, the following
two options are provided:
a. 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review. (Fourth floor may not exceed .5:1 floor area.)
b. 45 feet for a four-story building. (Fourth floor may exceed .5:1 floor area.)
8. Minimum distance betiyeen buildings on the lot (feet)._ No requirement.
9. Percent of building site requiredfor Pedestrian Amenity space: 25, may
be reduced by providing pedestrian amenity pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each type of use
a. Commercial Uses: 1:1. Existing (prior to redevelopment) commercial
FAR may be replaced, subject to acknowledgement by City Zoning
Officer prior to demolition.
b. Affordable Multi -Family Housing: No limitation.
c. Free -Market Multi -Family Housing: .75: 1, which may be increased to 1:1
with extinguisliment of Historic TDRs. Each City of Aspen Historic
Transferable Development Right certificate extinguished, pursuant to
Section 26.TDR.Extinguish, shall allow an additional 750 square feet of
free market housing. Total FAR of free-market housing may not exceed
FAR of affordable housing located on same parcel.
d. All other uses: 3:1.
Exhibit W M
Existing Commercial Lodge Zone
26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the
establishment of mixed use commercial development and lodge units by permitting commercial uses
at street level but requiring that all additional stories be lodge accommodations.
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL)
zone district:
1. All street level uses allowed as permitted uses in the Commercial Core (CC) zone
district, Section 26.710.140, with lodge accommodations on second and other stories;
2. Lodges which may contain kitchens on all but first floor of all buildings; and
3. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Commercial
Lodge (CL) zone district, subject to the standards and procedures established in Chapter 26.425:
1. Timesharing.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Lodge (CL) zone district:
1. Minimum lot size (square_ feet): 6,000.
2. Minimum lot area per dwelling unit (square_ feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement except trash/utility service area
shall be required abutting alley. The dimensional requirement of the trash/utility service area
shall be as follows unless reduced pursuant to Chapter 26.430:
a. Up to 6, 000 square feet of net leasable floor area within a building: An area a
minimum of 20 feet in length, measured parallel to the alley, with a minimum vertical
clearance of 10 feet and a minimum depth of 10 feet at ground level.
b. Each additional 1,200 square feet of net leasable floor area within
a building, the minimum length measured parallel to the alley shall be
increased by one (1) foot.
7. Maximum height (feet): 28 (32 by special review pursuant to Chapter
26.430.
8. Minimum distance between principal and accessory buildings (feet): No
requirement.
9. Percent of open space required for building site: 25.
10. External floor area ratio: 2:1.
Exhibit 0
Proposed Lodge Overlay Zone
26.710.310 Lodge Overlay (LO) zone district.
A. Purpose. The purpose of the Lodge Overlay (LO) zone district is to provide for
lodge uses in areas of the City suitable for lodge accommodations where there are
limitations on development that necessitate the permitted density to be significantly less
than that in the City's other lodge zone districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay
(LO) zone district:
l . All those uses permitted in the underlying zone district.
C. Conditional uses. The following uses are permitted as conditional uses in the
Lodge Overlay (LO) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. All those uses allowed as conditional uses in the underlying zone district.
2. Lodge.
3. Timeshare Lodge.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge Overlay (LO) zone district:
1. A lodge shall meet the dimensional requirements of the underlying zone
district for a detached residential dwelling.
2. All other uses shall meet those dimensional requirements that apply to the
use in the underlying zone district.
Proposed Lodge Preservation
26.710.320 Lodge Preservation Overlay (LP) zone district.
Exhibit 1
7
Overlay Zone
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide for
and protect small lodge uses on properties historically used for lodge accommodations, to permit
redevelopment of these properties to accommodate lodge and affordable housing uses, to provide
uses accessory and normally associated with lodge and affordable housing development, to
encourage development which is compatible with the neighborhood and respective of the maimer in
which the property has historically operated, and to provide an incentive for upgrading existing
lodges on -site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone district:
1. Lodge,
2. Boarding house;
3. Dormitory;
4. Timeshare Lodge,
5. Exempt Timesharing,
6. Offices and activities accessory to timeshare unit sales (see Section 26.590),
7. Conference facilities,
8. Uses associated with outdoor recreation facilities and events,
9. Accessory uses and structures,
10. Storage accessory to a permitted use,
11. Affordable Housing accessory to a lodging or timeshare operation and for employees of
the operation,
12. Free -Market Housing accessory to a lodging or timeshare operation.
13. The permitted uses of the underlying zone district.
C. Conditional Uses. The following uses are permitted in the LP Overlay zone district, subject to
the standards and procedures established in Chapter 26.425 of this Code:
1. Affordable housing intended for the general public.
2. Restaurant;
3. The uses allowed as conditional uses in the underlying zone district.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for those
uses in the underlying zone district. Upon consideration of the neighborhood compatibility and the
dimensional requirements regulations surrounding zone districts, the dimensional requirements of the
underlying zone district may be established pursuant to Section 26.445, Plaimed Unit Development
Exhibit f-P
Existing Lodge Preservation Overlay Zone
26.710.320 Lodge Preservation Overlay (LP) zone district.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide for
and protect small lodge uses on properties historically used for lodge accommodations, to permit
redevelopment of these properties to accommodate lodge and affordable housing uses, to provide
uses accessory and normally associated with lodge and affordable housing development, to
encourage development which is compatible with the neighborhood and respective of the manuler in
which the property has historically operated, and to provide an incentive for upgrading existing
lodges on -site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone district:
1. Lodge;
2. Boarding house;
3. Dormitory;
4. Affordable housing for employees of the lodge;
5. Accessory use facilities intended for guests of permitted lodge units, boarding house
or dormitory, which are commonly found in association and are for guests only, including
office, lounge, kitchen, dining room, laundry and recreational facilities;
6. Accessory buildings and uses; and
7. The permitted uses of the underlying zone district.
C. Conditional Uses. The following uses are permitted in the LP Overlay zone district, subject to
the standards and procedures established in Chapter 26.425 of this Code:
1. Affordable housing
2. Restaurant;
3. Timesharing;
4. The uses allowed as conditional uses in' the underlying zone district.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for those
uses in the underlying zone district. Upon consideration of the neighborhood compatibility and the
dimensional requirements regulations surrounding zone districts, the dimensional requirements of the
underlying zone district may be varied pursuant to Section 26.446, Planned Unit Development.
(Ord No. 39-1999 §6; Ord. No. 41-1999 §8, 9)