HomeMy WebLinkAboutagenda.apz.20030520 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, MAY 20, 2003
4:30 PM
COUNCIL CHAMBERS
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTERESTS
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. CENTENNIAL PUD AMENDMENT, James Lindt- continued
from May 6th
B. PARCELS 7 AND 8, TOP OF MILL PUD AMENDMENT, Chris
Bendon
C. SOUTH ASPEN STREET FINAL PUD, REZONING, SPECIAL
REVIEW, AND GMQS EXEMPTIONS, James Lindt - continued
from May 6th
V. BOARD REPORTS
VI. ADJOURN
MAR-26-20e5 lZ :55 PM KIM KRYMUND ARCH1 1 tl: i5 9 fa1.1�LLz).G
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ARCHITECTS
Mgrch 25, 2003
Pltkin County Community Development
Planning and Zoning Commission
CENTEN141AL - ASPEN 111 MINOR PUD AMENDMENT
ADDENDJM TO PUD AMENDMENT
^'�olnG1 Proposal
we have met with the city officials about the use of
Since prepann r-,rr' Pof a year,
the model unit forb+,-,r� yG s of Centennial -Aspen. During the C.
. t sea significant
employefis, such as auditors, have to come to the site to do th+alr w
cost to h*use them in town during their stay, The savings gained by having them stay
on sight, could help offset the cost of the model unit. The unit would still be shown to
9 1
perspective renter's as a model, even while the employees are there.
The hardship we face,
's that the way the code is written, there is no legal way for. u$ to .
have a r�odel unit that could be used just by employees, on a very limited boom", or t
asis. We
h that can only be a s
discoven3d that the unit will be considered a modal,
1 hcive to be a full -on free market unit. We offered to record a limitation on o� sold,
use
would so that it would never be rents
of the unit for employees of Centennial -Aspen,
at that time when the entire project would be sold-, but this was unacceptable sto
except option we are left with, is to apply
the city officials due to the code. Thus, the only
free market unit.
'Presently, the only,*,' way
to obtain a free market unit is to go through. the growth
management process. This process doesn't accept applications or "score" theproposals
:
manse
until No -Member, at the very end of the building season, the otherght avenuem. This might happen, and no one
the cods) is amended with the infill progrr have a restricted use, model unit.
knows when, or even rf it.will allow us
and the need for a model unit ha$ been apparent
The office expansi 1. .s long overdue,enabling us to
-. �- :��,� 'd like to proceed with our application now,
for many ye�+r, �,. - }.. in building season. We will wait until November, and
take advantage of. the upcoming at that time for a free market unit; then go
apply to amend the �UD again, asking
odel into a free market unit.
men
t process to convert the m
through the growth: mana9e
mission know of our intentions, so as not to look like we are
-We wanted to let the Commore you. again. It seems we have
trying to be sneaky in, November when we or yourefcons consideration of this proposal and
other choice at this' time, Thank yo Y
addendum.
I , + • , ., > . �: rr/ J list.
I'M
+ •... r I fN I � � • f 1 f' �' � i1 f if i l a i r � �•�•.l .\• 1 i� S ..
i
Architectural Character
The proposed addition to the "H" building will actually make the building more compatible
with itself and the rest of the existing buildings in the original development. The existing
roof configuration is unique to itself in a group of buildings that make use of only a very
few different angles and shapes. The new roof will mirror the roof of the rest of the
building, but be lower. This will help the building look more like the rest of the buildings,
while still being shorter as it approaches the public road.
As it is now, the existing roof is the only one in the development that is a shed roof
sloping at an angle perpendicular to the rest of the building, and looks very much like a
stairwell from the exterior. The new entrance to the unit on the main level will match the
entrances of the other parts of the building. The new entrance roof will be smaller than
it's counterparts, staying proportional to the size of the area served.
As mentioned above, the new roof angles will alleviate the dangerous existing condition
of, snow sliding from the roof over the entrance to the existing office. Being on the north
side of the building, this can be a considerable amount of snow and ice, which
spontaneously slides off the metal roof.. The new entrance to the model unit will have an
entry roof to match the roofs at all the stairwell entrances, which sheds snow off -to the
side.
The new entrance to the laundry and office will be covered by the deck above, which will
catch any snow that sheds off the new roof of the model unit. There will be minimal snow
in this area, as it faces south and rarely gets more than 6-8" deep, (on a good snow year).
Snow guards will be installed if deemed necessary. By covering this walkway, the build
up of old snow and ice will be eliminated.
Summary of Amendments
Over the twenty years of this project, there have been a number of amendments to the
original PUD. These have adjusted the amount of FAR allotted to the project as a whole•_,
and separately between the rental -units and the owned units. Enclosed in your package;:.
is a copy of the final amendment.
Thank you for your consideration of this proposal.
Response to Review Standards for Minor PUD Amendments
Background and proposed development
The proposed development is located at 100 Luke Short Court, Aspen (in the Centennial
complex). The space under consideration is in the H.Building; it is the office and
conference room and one of the laundry facilities for the rental units. We would like to
move the office to the lower level, into what is now the conference room, storage and -an
.oversized hallway leading to the laundry facilities. This part of the building was originally
designed to be a bus/transit area.- Before the complex was completed, these plans were
abandoned, as the bus stop was located just across the street for easier access for
everyone, those in Centennial and others in adjacent neighborhoods. The office for the
complex was then located on the upper level, the stairs were closed off as unneeded and
the laundry was located in the back -of the lower level.
We would like to reconfigure this area to make is more useable for the people working in
the office, for the tenants who come to the office and for those that use this laundry
facility. In addition, we would like to create a model unit. As it is now, there is no way to
conveniently show a unit to prospective renters, as all the units are always occupied.
This model unit would never be added to the rental pool, used only by the partners of
Centennial-Aspen.and Kim Keilin, the property manager, to show prospective renters.
..:The existing office is 630 sq. ft. and is very cramped for all the operations it -has to handle.
The proposed office will be 930 sq. ft. designed to be used as an office and meeting.
room, which will accommodate three staff people, and allow for privacy between staff and.
#enants. It will also provide for restroom facilities for the staff. Right now, they have to go°
outside, around the building to the lower level and use the public restrooms;. provided for:.
those people using the laundry.
The model unit would encompass the current office, the closed off stairway; and an-'-�
additional 722 sq. ft. We are proposing to enclose the existing deck, add an additional
room onto the stairwell,.on one level, and create a new upper level by raising.the existing_.
roof. To accomplish this, we need to amend the current limit on the FAR for the rental
units and the total FAR allowed for the entire project; both rental units and .owned condos.
The Rental units are allowed 104,519 sq. ft;-the Owned units are allowed. 72,481' sq. ft.
totaling 177,000 sq. ft. of allowable FAR for the entire project. We are asking .for..ari
.increase of less than 1 % (.0075%) of the area allowed for the rental units for this project:
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM.
Project: r� 14L. 17 n 12 6 r-4 01_-'-)
Applicant:,I S +- '1�:'
Location: I.00 L U 0--' 1 C U
Lot Size: IQ , 2 - 4C_IZ �S
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed: �y
Number of residential units: Existing: I Proposed:
Number of bedrooms: Existing: / 'K�y (�,,,� -Oposed. 7/i M 5
Proposed % of demolition (Historic properties only): /1
DIMENSIONS:
Floor Area:
Existing: S Allowable:�D
-�'5;1'?Prcposed.
Principal bldg. height:
Existing:
Allowable:
Proposed:
Access. bldg. height:
Existing:
Allowable:
Proposed:
On -Site parking:
Existing: .Required: _ _Proposed:
% Site coverage:
Existing:
Required:
Proposed:
Open Space:
Existing:
Required:
Proposed:
Front Setback:
Existing:
Required:
Proposed:
Rear Setback:
Existing-
Required:
Proposed:
Combined F/R:
Existing:
Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed:
Combined Sides:
Existing:
Required:
Proposed:
.Existing non -conformities or encroachments:
Variations requested- r1 C. �— —LLb w
—1 —n c
PLnc-
6-sl
`I oo f—like. Short Court
Cit)• of Aspen ;_....
All: Sarah Oakes
Aspen, C(-) 81611
Tv whorn It May Concern:
Thi is to aut:harize Kiln Raymond, 412 ,North Mill Street, Aspen, C'C)
81.611., lelephone number y25-2252 to act on bchalf.of Centennial Aspen lI
Linutod Partnership Nvith regard to tlhc Minw Pt1D Amendment f-or
Itc:ratiang to the office and increase in allowable FAR.*
Sin �crcly,,
ff
S4r,i W. Brow r, Weside�
Wcrld Class Housing, I nc.- the General Partner of
C.'cimennial A.spen., A Lirniced Partnership the General Partner of
C'ciac.nnial Aspen II Limited Partnership-
In udd.i Lion to the above address and phone nilrnl)er T .can also be. reached at:
C'.entcnnial Aspen Il Limited Partnership
56-.1 16" Street, NW
Wt-shington, D. 20011
20:'. 882-4400
ATTACHMENT 2 —.AND USE APPLICATION
,I CANT:
P'
�ocation:
i
Parcel ID # (REQURED
REPRESENTATIVE:
ndicate street address, lot & block number, legal description where appropriate) L C"
-7 3 -7 O -7 4 Z, C i
'Name: `` t�A:L-4O t1 iD
Address:.
Phone
PROJECT:
Name: _C-—��'�1', t� 1A
Address: . C) p L_-U -S
Phone #: q 2S — I R-� (a
TYPE OF APPLICATION: (please check all that apply):
E t�
PTV
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
Other: rYl�na�?�7
❑
Lot Line Adjustment
❑
Text/Map Amendment
t-lm fr.}'t QM6n -lT
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.
cc >
PROPOSAL: (description of Proposed buildings, uses, modifications, etc.
G - O ZS
lave you attached Abe following. FEES DuE: S-12, Do
]__P*'re-Application Conference Summary
Attachment #l, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
3-lespoase to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
11 s that are larger than 8.5" z 11" must be folded and a floppy disk with an electronic copy of all written
'_It (Microsoft Word Format) must be submitted as part of the application.
4
To: MEMORANDUM
Development Review
Committee L
Joh� M
Fro •
m• n Niewoehner,
Joh Caseload ' Community Development En
Coordinator gineer,
Date: March 5, 2003 �I
Re: 3/5/03 DR�,Ivleelin Minutes:�321W,
Attendees: Sleeker Wh to Lot S it:
Kim Raymond, Representative Development ve for Centennial
James Lindt,
Katie mmunity
Ertmer, Communit Department
Phil Overeynder y Development De
Tom Bracewell, Sa titer Department payment
Nick Adeh +tabon District '
Engineering De a Brian Flynn, Parks De p rtment
John Niewoehner, Coma�tment
munity Development Department j
At the March 5 ' t
amend that Centennial C meetin
an office and also to UD to g' the Development Review
allow the conversion of Committee reviewed a
tenants. transform the current office into a part of the mitts proposal to
Model unit for show conference room into
Next Ste g prospective 1
s for q lication:
Commission for final a (i) The Project will be reviewed
then the applicant has ppe o al. (ii) If the Planningby the Planning
ption to appeal the aaegis Zoning Commission denies Zoning
Comments to be -Included in P & determination to the application,
.are noted below. City Council.
Z Resolution and/or Council cal Ordinance: These comments
DRC COMMENTS:
1 Engine�nq De
. a rtm_ t
Draina
--.-__ e Problems at Centennial:
amendment, there is a Although
runoff causes Problem of runoff from Centennial
related to this PU
water damage to the road tennial onto the S D
may be related to the roads dace and Spruce Street. T
future, Centennial and Presents a potential safety his
the City May n mine draina Y Problem. This
y have to work to ge tunnels. At some time in th
Wordin of together to solve this e
None problem
2. parks De
artment
Trees that are to be re- I
construction will need to be fea will require a Tree Removal Permit. Treesfenced nearby the
removing or relocatin The applicant shall obtain a tree removalPursuantany
Section 11 of the City which a Permit prior to
Y °f Aspen Municipal Code. e removal permit is required
Water De artment'
The to i
p fee will be accessed based on the
unit.
number of fixtures regardless that it '
Wordin is a model '
of Resolution;
System Standards The applicant shall comply
with Title 25 and with the applicable with the City o f Aspen standards of Title 8 (Water
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 is not proposing to construct the proposal in multiple phases. Therefore, -staff
finds this criterion not to be applicable to this proposal.
13
currently exists. The City Water Department and the Aspen Sanitation District have
reviewed the proposal and feel that adequate services exist to serve the proposed expansion
of one (1) model unit. Staff finds this criterion to be met.
I. 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:
L 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.
51. 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 is not proposed to change as a result of the proposed
amendment. Moreover, staff does not believe that the creation of a model unit will generate
greater traffic because the unit is not to be used for residential purposes in this application. If
the applicant requests a future amendment to allow for the unit to be used for residential
purposes, the parking and traffic generation impacts will be considered as part of the review
of said application. Staff finds this criterion to be met.
J. Phasin,; of .Development Plan. (does not apply to Conceptual PUD applications)
12
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 applicant is not proposing to add any additional common park or open space as a result
of -the proposal. In addition, staff does not believe that the proposal will reduce the amount
of open space in the PUD substantially. Staff finds this criterion to be met.
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
The utilities and public infrastructure on the site are existing. Staff believes that the proposed
amendment will not place a greater demand on the utilities or site improvements than
11
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 applicant is proposing to change the roof angle of the office area to match that of the roof
angles that exist on the rest of the structure and complex. In addition, the applicant is
proposing to use similar materials to that of the rest of the building to promote a more
consistent design. Therefore, staff believes that the character of the proposal is consistent
with that of the rest of the building within the Centennial PUD.
Additionally, staff believes that the proposal improves the snow and ice protection over the
entryways. The revised roof angle better sheds snow from the entryways to the laundry
facilities and the office. Thus, staff finds this criterion to be met.
F. Lightim .
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.
Staff Finding
All outdoor lighting on the building shall comply with the City of Aspen Exterior Lighting
Standards pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this
criterion to be met.
10
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with
the use.
Staff Finding
Staff believes that the proposal actually improves the pedestrian access to some parts of the
facilities as was pointed out in the application. The new roof angle ,will better shed snow and
ice from above the entrance way to the office/model unit. In addition, a deck to help protect
the entrance from snow and ice will cover the new entry to the laundry ,facilities and the
office. 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 following:
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 applicant is proposing to transplant several aspen trees to other locations on the site and
is proposing to add some native shrubs at the sidewalk of the new office. The City Parks
Department has reviewed the proposal and believes that the landscaping alterations that are
proposed are appropriate. Staff finds this criterion to be met.
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:
9
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 applicant is not proposing to increase the maximum allowable density within the PUD
because the model unit is not to be used for residential purposes in this application. Staff
finds that this criterion is not applicable to this proposal.
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.
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.
0
Staff Finding
Staff believes that no additional parking is needed as long as the.proposed model unit is only
used to show to perspective renters and is not used for residential purposes. Therefore, staff
finds this criterion 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:
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
The applicant is not proposing to change the allowable density within the PUD because the
model unit is not to be used for residential purposes in this application. Staff finds that this
criterion is not applicable to this proposal.
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
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
The applicant is not proposing to reduce the maximum allowable density within the PUD
because the model unit is not to be used for residential purposes in this application. Staff finds
that this criterion is not applicable to this proposal.
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
7
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, parldng, and historical resources.
Staff Finding
Staff believes that the proposed model unit and office are consistent with the on -site rental.
housing use of the property: In addition, staff does not believe that the proposal will
negatively affect the existing natural or man-made characteristics of the site in any manner.
Staff finds this criterion to be met.
Z. 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 proposal would add less than a l % increase to the allowable FAR for the rental portion
of Centennial. In addition, there is virtually no change proposed to the existing footprint of
the building or the amount of open space on the site. Moreover, staff believes that the
proposed exterior changes enhance the office's compatibility with the remainder of the
building by providing a similar roof angle to that of the rest of the building. Staff finds this
criterion to be met.
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.
G
EXHIBIT A
PUD AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to -an approved PUD, the Planning and Zoning Commission and
City Council 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 believes that the proposal is consistent with the on -site operations of the rental housing
units at Centelulial. The model unit is proposed is to be used to show perspective renters an
example of what the rest of the units look like on the interior and is not to be used as a residential
unit. Furthermore, the office and the model unit are accessory to on -site operations and thus are .
not considered net leasable square footage. Therefore, there are no GMQS implications as a
result of the current proposal. Staff finds this criterion 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
future land uses in the surrounding area.
5
Maintenance Driveway Usage:
A neighboring property owner has made staff aware of a possible concern regarding the
usage of a maintenance driveway that exists to the south of Building H. The concern is about
the fact that the office entry is proposed to be relocated from the northern side of the building
to the southern side, possibly forcing office visitors to park their vehicles in the maintenance
driveway that is accessed off of Park Circle. The location of the maintenance driveway is
shown on the map below:
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Staff does feel that the concern is valid and has proposed to mitigate this issue by proposing a
condition of approval that requires the applicant to erect a sign that prohibits vehicular entry
and parking on the maintenance road.
STAFF RECOMMENDATION:
Staff believes that the proposal meets the standards for amending a PUD. Therefore, staff
recommends that the Planning and Zoning Commission approve the proposal with the
conditions of approval contained within the proposed resolution.
RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Resolution No. 12, Series of 2003, approving with conditions, a PUD
amendment to the Centennial PUD to allow for the creation of a model unit and the
relocation of the* on -site administration office from the main level to the lower level of
Building H."
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
M
and thus, are not commercial in nature. Similarly, staff believes that the proposed office and
model unit would be accessory to the on -site rental of the multi -family units and are not ,net
leasable square footage. Moreover, staff does not believe that creating a model unit that is
not to be lived in should be considered as creating an additional residential dwelling unit (as
long as it is not lived in). Therefore, staff does not believe that there are any Growth
Management Quota System implications associated with the current proposal.
The applicant has indicated that in the future he would like to have the ability for the model
unit to house visiting consultants such as auditors for two (2) to three (3) weeks per year.
Staff believes that any utilization of this model unit for residential purposes would make it a
free-market unit and require the applicant to. go through the Growth Management Quota
System Scoring process to obtain an allotment. The current land use code language does not
allow applications for residential allotments to be reviewed until after November I` to allow
for the submission of other applications competing for such allotments. Therefore, staff has
proposed a condition of approval that requires the applicant to obtain approval of a
subsequent PUD amendment and gain the required GMQS allotment if they ever wish
to use the unit for a residential use in the future. In addition, staff has proposed a
condition of approval that requires the applicant to have an inactive water service
account that does not allow for water service to the model unit.
PUD and Subdivision Amendment:
Staff believes that the proposal meets the PUD standards if the conditions in the proposed
resolution are adhered to. Staff feels that the proposed exterior change to the structure is in
keeping with character of the rest of the building and the complex. As was pointed out in the
application, the existing roof configuration of the office space is a shed roof that slopes at an
angle that is, perpendicular to that of the rest of the building. The proposed roof configuration
improves the office's compatibility with the rest of the structure by using a similar roof angle
to that of the rest of the structure: Additionally, the applicant has proposed to use similar
materials to those that exist on the remainder of the building.
Staff also does not take issue with the creation of a model unit as long as it is not used for a
residential use without gaining approval for the required GMQS allotment. Moreover, staff
does not believe that additional parking spaces are required to accommodate the model unit if
it is only used to show perspective renters an example of what the interior of the other units
look like.
Smuggler Superfund Mitigation Regulations:
The entire Centennial complex is located within the former "Smuggler Mine Superfund Site",
and therefore requires that certain precautions be taken when doing any excavation in the
area. City Council Ordinance No. 25, Series of 1994 was adopted to regulate excavation in
the former Superfund Site for the purpose of promoting the safe handling of possibly
contaminated soils. Condition Nos. 4 through 7 in the proposed resolution require the
applicant's compliance with Ordinance No. 25, Series of 1994 and have been suggested by
the City of Aspen Environmental Health Department.
3
REVIEW PROCEDURE
The Planning and Zoning Commission may approve, approve with conditions, or deny a
request for a PUD amendment after considering a recommendation from the Community
Development Director.
BACKGROUND:
Centennial Aspen II Limited Partnership ("Applicant"), represented by Kim Raymond
Architects, is requesting approval of an application for a subdivision and PUD amendment to
reconfigure the existing office space and conference room in Building H of the Centennial
rental units to create a larger office and a model unit. In addition, the applicant would like to'
add a loft area and change the roofline as part of the creation of the model unit. The model
unit that is requested by the applicant would not be used for residential purposes. The
applicant contends that for the time being the unit would be used solely to show perspective
renters what the units look like on the. interior.
The Centennial PUD was originally approved by Pitkin County in the early 1980's. The
original Centennial PUD included both a section of rental units that to this day have remained
under one ownership, and a section of sale units that were condominiumized and sold off.
Prior,to the time that.;Centennial was annexed into the City in 1989, the rental and ownership
sections of the PUD were split up into separate PUD's. The rental section that is subject to
this amendment currently has an allowed, FAR of 104,519 square feet. The applicant is
proposing to establish an allowable FAR of 105,326 square feet for the eleven (11) buildings
of rental units to accommodate the proposed office changes and the creation of a model unit.
In addition, the applicant 'is proposing to expand the footprint of Building H by
approximately 566 square feet.
Currently, the office that houses the administration and rental of the units is located on the
main level of the easternmost portion of the building nearest to Brown Lane. In the basement
level, a conference room, laundry facilities, and bathrooms currently exist. The applicant is
requesting to move the office down into the basement area and expand it to encompass the
area where the conference room, bathrooms, and a stairwell are currently. In .addition, the
new office is proposed to include a kitchenette and a restroom. The new office would be
approximately 930 square feet, whereas the existing office is only about 630 square feet.
The model unit is proposed to take up all of the area on the main level that is currently used
as the office, including an exterior porch that- is to be enclosed. As was mentioned
previously, the applicant also wishes to construct a loft in the model unit to make it look like
the rental units within the complex that contain lofts. The model unit is proposed to include
approximately 1,250 square feet and contain two. (2) bedrooms, a full kitchen, and two (2)
bathrooms.
STAFF COMMENTS:
GMQS Implications:
In reviewing the proposal, staff believes that the office and storage space that currently exist
are not considered net leasable square footage. Staff feels that the office and conference
room facilities are accessory to the on -site administration and rental of the multi -family units;
2
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director_
FROM: James Lindt, Planner
RE: Centennial Rental Units PUD Amendment— Public Hearing .
DATE: May,6, 2003
APPLICANT:
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Centennial Aspen II Limited
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Partnership
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REPRESENTATIVE:Aj-
Kim Raymond Architects, Inc.
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Photo Above: The picture above shows the exterior of
CURRENT LAND USE:
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Location of Proposed "`
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Rental Units
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MEMORANDUM
TO: The Aspen Planning & Zoning Commission
J4kk
THRU: Joyce A. Allgaier, Deputy Director of Community Development
FROM: Scott Woodford, City Plannepvll�
RE: PARCELS 7 & 8, LOT 39 ASPEN MOUNTAIN SUBDIVISION PUD, PUBLIC
HEARING, RESOLUTION NO. , SERIES 2003
DATE: May 20, 2003
REQUEST SUMMARY: Planned Unit Development (PUD) Amendment to adjust
the common lot line between Parcels 7 and 8
approximately 20' to the north.
APPLICANT: LPRP River, LLC and LPRP Mill, LLC, represented by
11 Herb S. Klein 11
STAFF RECOMMENDATION: II APPROVAL WITH CONDITIONS
PROPOSAL:
According to the applicants who co-own the lots as tenants in common, the proposal is to
adjust the common lot line between Parcels 7 and 8 twenty feet to the north for the
purposes of better site design and utilization of these lots. The lot line adjustment will
result in the following changes to the lot sizes:
Exstin' :
Pro osed:
Parcel 7
17,912 sq. ft.
20,128 sq. ft.
Parcel 8
19,043 sq. ft.
16,828 sq. ft.
With the change to the lot line, the 10' setbacks established on the final plat for the Top
of Mill Subdivision PUD will remain the same and will be adjusted with the lot line.
There will be no change to the allowed floor area ratio (FAR) as a result of the lot sizes
changing because each lot's FAR were not based on individual lot sizes with the original
approval. Each of these lots were allotted 6,500 square feet with the approval of the
subdivision. In addition, two debris flow retaining walls, which were required by the City
for subdivision approval, are also proposed to be shifted to coincide with the shift in the
common lot line.
REVIEW PROCESS:
The applicant requests the following land use approval for the proposal described above:
r
PARCEL 7 & 8, LOT 3, ASPEN MOUNTAIN SUBDIVISION PUD, STAFF REPORT
PAGE I
PUD Amendment; According to Section 26.445.100 (B) of the Land Use Code, an
amendment to a PUD development order that is an enhancement of the final
development plan, 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. Their action shall be final
unless the decision is appealed to City Council.
Staff finds that the lot line adjustment exceeds the thresholds for an insubstantial
amendment because it is "inconsistent with a condition or representation of the
project's original approval." Despite that finding, staff feels that the change is an
"enhancement of the approved final development plan" (as will be explained below),
which only requires P&Z approval; Final Review Authority: Planning and Zoning
Cnrnr-11iccitill
BACKGROUND/EXISTING CONDITIONS:
Lot 3 Aspen Mountain Subdivision PUD was approved by the Aspen City Council on
March 11, 2002.
PREVIOUS ACTIONS:
There has been no previous land use activity or approvals on either of the subject parcels.
STAFF COMMENTS:
PUD AMENDMENT; Staff finds the proposed PUD Amendment complies with all of
the applicable PUD Review Criteria (staff findings are detailed in Exhibit A). Staff
believes that the adjustment of the common lot line between Parcels 7 and 8 will allow
each parcel to be developed in a more compatible manner with the landscape, especially
Parcel 7.
Currently, Parcel 7 is a relatively large lot at 17,912 square feet, but its easily
developable area (i.e. area with flatter grades) is limited to the approximate front half of
the lot. The back half of the lot consists of steep pitches that would be more difficult to
build on resulting in damage to the hillside and the possible need for retaining walls.
Parcel 8, at 19,043 square feet, is slightly larger than Parcel 7 and has more gentle grades
from front to back. In order to create a larger, flatter building area on Parcel 7, the
applicant proposes to move the common lot line 20' north onto Parcel 8, which will
enlarge the buildable area of Parcel 7 in a layout more parallel with the street (See Exhibit
4 of the Application for a sketch plan of the proposed layout of structures with the lot line
adjustment). This change will more easily accommodate a large structure that the FAR
allows and with less impact to the hillside. While moving the lot line to the north will
make Parcel 8 slightly smaller, it still allows a buildable area on Parcel 8 with which to
accommodate a 6,500 square foot house (or smaller) because its flatter grades allow
building deeper into the lot.
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 2
DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS;
The DRC meeting was held on April 9, 2003. The minutes from that meeting are
contained in Exhibit B. At the meeting, the only comment was from ' the City Water
Department and Aspen Consolidated Sanitation District who responded that the water and
sewer services were installed to Parcels 7 and 8 based on the previously platted lot lines
and that the proposed lot line change could result in the water and sewer services no
longer being located directly in front of the appropriate property. According to them, this
could result in the utility lines crossing an adjacent parcel to access the site they were
intended to serve. After consulting the as -built utility plans, however, it was determined
that the utilities still align properly with the subject parcels and the concern of the utility
departments is no longer valid.
Additionally, the City Engineering Department has reviewed the proposal to move the
mudflow retaining walls to correspond with the shifted lot line and have no concerns. A
report from Tetra Tech, Inc. (Exhibit 4 of the Application) provides support for the
change in location of the walls. Also, the City Parks Department has requested that a
condition be added reminding the homeowner on Parcel 8 of the prohibition of
landscaping within the trail easement that partially crosses the property (condition of
approval to this effect has been included).
STAFF SUMMARY AND RECOMMENDATION
Staff recommends approval of a PUD Amendment for Lot 3 Aspen Mountain Subdivision
PUD, Parcels 7 & 8.
RECOMMENDED MOTION
"I move to approve Resolution No., Series of 2003, for a PUD Amendment for Lot 3
Aspen Mountain Subdivision PUD, Parcels 7 & 8."
ATTACHMENTS
Exhibit A: PUD - Staff Findings
Exhibit B: Development Review Committee (DRC) Minutes
Exhibit C: Application
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 3
RESOLUTION N0.
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A PLANNED UNIT DEVELOPMENT (PUD)
AMENDMENT FOR PARCELS 7 AND 8 OF LOT 3, ASPEN MOUNTAIN PUD,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-182-85-003 (Fathering Parcel)
WHEREAS, the Community Development Department received an application
from LPRP River, LLC and LPRP Mill, LLC (Applicant), requesting a PUD Amendment
to adjust the common lot line between . Parcels 7 and 8 of Lot 3, Aspen Mountain
Subdivision PUD approximately 205 to the north; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building,
Fire, Parks, and Water Departments as a result of the Development Review Committee
meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommends approval of the Minor PUD Amendment for Parcels 7 and 8, Lot 3 Aspen
Mountain Subdivision PUD; and
WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly
notified public hearing on May 20, 2003 and finds that the development proposal meets or
exceeds all applicable development standards and that the approvals of the development
proposal are consistent with the goals and elements of the Aspen Area Community Plan;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and.
WHEREAS, the City of Aspen Planning and Zoning Commission approved the
PUD Amendment request via Resolution No. Series of 2003, by a vote of to
(_ — _); and
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20'h DAY OF
MAY 2003, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD, parcel identification of 2737-
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 4
182-85-003 (Fathering Parcel identification number), is approved for a PUD Amendment to
adjust the common lot line between Parcels 7 and 8 approximately 20' to the north.
Section 2 :
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD Amendment, is subject to the
following conditions:
1. The applicant shall record a PUD Amendment Plat for a Lot Line Adjustment with
the Pitkin County Clerk and Recorder within 180 days of approval by the City of
Aspen Planning and Zoning Commission. The plat shall include a plat note stating
that the lot line adjustment between Parcels 7 and 8 will not affect the development
rights and FAR on Parcels 7 and 8.
2. Prior to recordation of the PUD Amendment Plat, the applicant shall install
monuments at all of the new property corners and show the monuments on the lot line
adjustment plat.
3. No landscaping shall be allowed within the 10' Top of Mill trail easement that
partially encumbers Parcel 8.
4. Both Parcel 7 and Parcel 8 shall continue to be subject to the conditions of approval
for Lot 3 Aspen Mountain Subdivision PUD approved by the City of Aspen City
Council and contained in the ordinance approving the subdivision.
';Prtinn 1-
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission are hereby incorporated in such plan approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4:
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 5:
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 at its regular meeting on May 20,
2003.
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 5
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
David Hoefer, Assistant City Attorney Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 6
EXHIBIT A
PUD AMENDMENT — STAFF FINDINGS
Planned Unit Development. A development application for PUD Amendment shall
comply with the following standards and requirements:
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
STAFF FINDING: I DOES IT COMPLY? I YES
When the Top of Mill Subdivision was approved, it was deemed to be consistent
with the AACP. With this minor change of a lot line, staff finds that the subdivision
will continue to be in compliance.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF FINDING: DOES IT COMPLY? YES
The proposed lot line adjustment is relatively minor and will not result in this
subdivision becoming out of conformance with the character of the surrounding area.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed lot line adjustment will have no affect on 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: DOES IT COMPLY? N/A
The proposed lot line adjustment does not require any GMQS allotments or
exemptions.
B. Establishment of Dimensional Requirements:
The PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
PUD. The proposed dimensional requirements are listed below:
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 7
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: I DOES IT COMPLY? I YES
The dimensional requirements for the subdivision were established with its original
approval. Although changes are proposed to the lot lines and therefore to the lot
sizes of both parcels, there will be no changes to the setback requirements or the
allowed floor area ratio (FAR). The FAR's were established during the subdivision
approval process and were not based on individual lot sizes, so they will not be
altered in accordance with changes to lot size. Staff feels that the adjusted lot sizes
can adequately accommodate the allowed 6,500 sq. ft. of FAR.
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: I DOES IT COMPLY? YES
Please see above for response.
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: I DOES IT COMPLY? IYES
Two off-street parking spaces per unit will be provided.
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.
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 8
b) There are not adequate roads to ensure fire protection, snow removal, and road
maintenance to the proposed development.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
There is no increase in density being proposed.
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 with the terrain or causes harmful
disturbance to critical natural features of the site.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
There is no change proposed to the existing density.
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: DOES IT COMPLY? r NOT APPLICABLE
There is no change proposed to the, existing density.
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
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 9
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.
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: I DOES IT COMPLY? IYES
Staff finds that the proposed lot line adjustment will allow better utilization of the
site and help preserve steep slopes on the rear of Parcel 7 by allowing additional
building envelope on the flatter portion of the site and will continue to comply with
the other criteria cited above.
C. 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:
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: I DOES IT COMPLY? NOT APPLICABLE
No changes are proposed, or necessary, to the proposed subdivision landscaping
with this application.
D. Architectural Character.
It is the purpose of this standard 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
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 10
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: I DOES IT COMPLY? I NOT APPLICABLE
No changes are proposed. The structures built on these lots will still be required to
comply with the Residential Design Standards of the City's Land Use Code with the
building permit.
E. 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.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
No changes to the approved lighting plan are proposed.
F. 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.
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 11
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: 7 DOES IT COMPLY? NOT APPLICABLE
No changes are proposed to the subdivision's open space or common areas.
G. 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:
l . 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: I DOES IT COMPLY? I YES
When the subdivision was originally approved as a PUD, it was deemed to comply
with all of the above provisions. This proposal will result in no adverse impacts to
the subdivision's public utilities or infrastructure.
H. Access and Circulation.
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.
STAFF FINDING: DOES IT COMPLY? YES
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 12
With this minor change to an interior lot line, there will be no change to the access to
the two lots from the street and each lot will have adequate area to park the required
amount of vehicles such that it will not create any traffic congestion on the adjacent
roads.
I. Phasing of Development Plan.
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: I DOES IT COMPLY? I NOT APPLICABLE
No phasing, or change to the phasing is proposed.
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 13
EXHIBIT B
DEVELOPMENT REVIEW COMMITTEE MINUTES
At the April 9, 2003 meeting, the Development Review Committee reviewed the proposal
and offered the following comments:
Water Department and Sanitation District Comment: The water and sewer services
were installed per the platted lot lines for Parcels 7 and 8. Approving the proposed lot
line changes may result in the water and sewer services no longer being located in front
of the appropriate property.
The Applicant must take the following actions:
(i) The forthcoming Top of Mills Minor PUD Amendment Plat (showing the Lot
Line Adjustment) needs to show the current as -built location of the water and
sewer services.
(ii) If the water and sewer services no longer are in front of the appropriate
property, the Applicant has a choice of (a) relocating the services or (b)
providing a utility easement on the adjacent property to provide adequate area
for service replacement or maintenance. Either option will need to be
reviewed and approved by the Water Department and/or Sanitation District
prior to the recordation of the amended plat.
(iii) Presuming that the Applicant will choose to provide easements, easement
agreements with each utility will need to be developed and these easements
will need to be shown on the plat.
TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 14