HomeMy WebLinkAboutagenda.apz.20030603 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, JUNE 3, 2003
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
DECLARATION OF CONFLICTS OF INTERESTS
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. SOUTH ASPEN STREET FINAL PUD, REZONING, SPECIAL
REVIEW, AND GMQS EXEMPTIONS, JAMES LINDT-
CONTINUED FROM MAY 20TM (PLEASE BRING COPIES OF
APPLICATION)
V. BOARD REPORTS
VI. ADJOURN
MEMORANDUM
TO: Planning and Zonning Commission
THRU: Joyce Allgaie`rj'Community Development Deputy Director
FROM: James Lindt, Planner<:S`�
RE: South Aspen Street Final PUD (Formerly known as the
Savannah/Barbee/ Mine Dump PUD)- Public Hearing
DATE: May 20, 2003
REQUEST: The Applicant is seeping Final PUD approval to construct
14 Free Market Dwelling Units and 17 Affordable
Housing Units on three (3) parcels of land near the
intersection of South Aspen Street and Juan Street.
PROPOSED ZONING: Lodge/Tourist Residential (L/TR) with a PUD Overlay
LAND USE REQUESTS: GMQS exemptions for Affordable Housing and for
Reconstruction of Demolished Multi -Family Housing
Units, Rezoning to L/TR with a PUD Overlay, Subdivision,
Special Review to establish parking requirements for the
Affordable Housing, and Final PUD
STAFF
RECOMMENDATION: Approval with Conditions
SUMMARY OF REQUEST:
The Applicant, Aspen Land Fund II, LLC, represented by Vam1 Associates, LLC, is
requesting the appropriate land use approvals to construct a project consisting of fourteen
(14) free market dwelling units and seventeen (17) affordable housing units. The
Applicant received conceptual PUD approval pursuant to City Council Resolution No.
20, Series of 2001 (attached as Exhibit "C").
BACKGROUND:
The site consists of three parcels; Block 6, of the Eames Addition to the City and
Townsite of Aspen; Lots 7-12, Block 11, Eames Addition; and Lots 13-20, Block 11, of
the Eames Addition. Block 6 is commonly referred to as the "Barbee" parcel and shall be
known as Parcel 1 of the proposed development for the purposes of this review. Lots 7-
12 of Block 11 are commonly known as the "Parking Lot" parcel because it currently
contains parking facilities that are utilized by the Ski Company. The "Parking Lot"
parcel shall be lalown as Parcel 2 of the proposed development. The final parcel
proposed for development is commonly known as the "Mine Dump" parcel as it is
currently home to the Mine Dump Apartments. The "Mine Dump" parcel shall be lalown
as Parcel 3 of the proposed development.
r.
Parcel 1, 'Barbee" Parcel
"-.., Y
Currently Zoned UTR
The properties have a combined lot area of 104,708 square feet. On the three (3) parcels
the Applicant would like to construct fourteen (14) free market units and seventeen (17)
affordable housing units.
REVIEW PROCESS:
The Applicant is requesting approval of the following land use actions:
1) GMQS Exemptions for affordable housing and reconstruction of demolished
multi -family residential building
2) , Rezoning to L/TR with a PUD Overlay
3) Subdivision
4) Special Review to establish the off-street parking requirements for the
Affordable Housing Units
5) Final PUD
As was previously stated, Conceptual PUD approval was granted in April of 2001
pursuant to City Council Resolution No. 20, Series of 2001. The Planning and Zoning
Commission shall be the recommending body to City Council on all the land use requests
outlined above. In conjunction with this land use application, the Applicant also requests
approval to vacate the unimproved alley that exists between Parcel 2 and Parcel 3 of the
proposed development in order to clearly define that the Applicant would be responsible
for maintaining the alleyway to be vacated. City Council shall, at its sole discretion,
review the proposed alley vacation. It should be noted that the Applicant has expressed
that they truly intend to apply to develop a hotel or lodging establishment on the subject
property. However, the Applicant has requested final PUD review on this proposal to
build multi -family residential units as a fall back position in the case that their vision to
construct a hotel does not become a reality.
PROJECT DESCRIPTION:
Proposed Residential Units
The Applicant proposes to demolish the existing structures on the three (3) properties,
including the Mine Dump Apartments, a duplex, and a single-family residence, and
construct fourteen (14) free market dwelling units, and seventeen (17) affordable housing
units across the three (3) parcels. In addition, the development plan includes an
underground parking garage under Parcels 2 and 3 and a small pocket park on Parcel 1.
Parcel 1 Development Plan
On the land identified as Parcel 1 of the proposed development, the Applicant" is
proposing five (5) free market units (comprised of four (4) three -bedroom units and one
two -bedroom unit) and seven (7) affordable housing units (comprised of two (2) one -
bedroom units and five (5) three -bedroom units). The proposed free market units on
Parcel 1 are oriented towards Juan Street with -the affordable housing units being located
just to the west.
Parcel 2 Development Plan
On the land identified as Parcel 2 of the proposed development, there are three (3)
proposed free market units consisting of two (2) bedrooms each and four (4)- proposed
affordable housing units containing three (3) bedrooms each. The proposed free market
units on Parcel 2 are oriented towards South Aspen Street with the affordable housing
units being located directly to the west across the driveway access for the free market
units.
L
Parcel 3 Development Plan
Finally, on Parcel 3 of the proposed development, the Applicant is proposing six (6) free
market units of three (3) bedrooms each and six (6) affordable housing units consisting of
two (2) one -bedroom units and four (4) three -bedroom units. The free market units on
Parcel 3 are oriented towards South Aspen Street with the affordable housing units
proposed to be located to the west of the driveway for the free market units.
The proposed dimensional requirements to be established through the PUD are as follows
(please note that the setbacks are proposed to be established based on the existing parcel
boundary lines):
6,000 sf.
1,100 sf. per bedroom (81
bedrooms on 89,127 sf. of
lot area that applies to
density calculations)
60 feet
10 ft. per parcel
5 ft. per parcel
10 ft. per parcel
28 feet except where deed
restricted
27% (cumulative over all 3
parcels)
.83 :1 (73,381 sf. cumulative
over all three parcels)
30 Parking Spaces (2 spaces
for each dwelling unit of 2
or more bedrooms, and 1
space for each one bedroom
and studio unit)(cumulative
over all three parcels)
28 Parking Spaces (2 spaces
for each dwelling unit of 2
or more bedrooms, and 1
space for each one bedroom
and studio unit)(cumulative
over all three parcels)
6,000 sf.
1,000 sf. per bedroom
60 feet
10 ft. per parcel
5 ft. per parcel
10 ft. per parcel
28 feet
25%
1:1 (88,480 sf. cumulative
over all three parcels)
30 Parking Spaces (2 spaces
for each dwelling unit of 2
or more bedrooms, and 1
space for each one bedroom
and studio unit)(cumulative
over all three parcels)
28 Parking Spaces (2 spaces
for each dwelling unit of 2
or more bedrooms, and 1
space for each one bedroom
and studio unit)(cumulative
over all three parcels)
The application indicates that each parcel was designed to stand-alone and to individually
meet the dimensional requirements of the proposed UTR zoning. As can be seen by
reviewing the proposed and required dimensional requirements above, the Applicant has
requested very few variations from the underlying L/TR Zone District dimensional
requirements. However, the Applicant did shift two (2) of the affordable housing units
from Parcel 1 to Parcels 2 and 3 in response to concerns that were expressed by neighbors
during the conceptual PUD review. Therefore, Parcel 2 no longer meets the L/TR Zone
District's requirement for minimum lot area per dwelling unit. Yet, the entire
development cumulatively is consistent with the L/TR Zone District's required lot area
per dwelling unit. Thus, the Applicant has requested that the minimum lot area per
dwelling unit be established through the PUD process as a cumulative calculation that
takes all three (3) parcels into account as is represented in the table above.
Proposed Parking
The Applicant has proposed to meet the parking requirements of the underlying UTR
Zone District for all of the dwelling units proposed. Each of the free market units are
proposed to contain an attached two (2) car garage, which accommodates two (2) parking
spaces per dwelling unit as is required by the land use code. In addition, the Applicant
has proposed to provide thirty (30) on -site parking spaces for the affordable housing
units, which is to be set through special review. The UTR Zone District requires that one
parking space be provided for each one -bedroom unit and that two (2) parking spaces are
to be provided for each unit with two (2) or more bedrooms. The Applicant has proposed
four (4) one -bedroom units that would require a total of four (4) parking spaces and
thirteen (13) units with two (2) or more bedrooms that would require twenty-six (26)
parking spaces. Therefore, the Applicant has proposed to meet the on -site parking
requirements of the UTR Zone District.
The proposed affordable housing parking is to be located in several different places on
the three (3) parcels. There are twelve (12) parking spaces to be designated for the
affordable housing units that are proposed on Parcel 1, which are to be located just north
of the affordable housing units. Additionally, there are five (5) surface parking spaces for
the affordable housing units proposed on Parcel 2. A subgrade parking garage is also
proposed under Parcels 2 and 3 that is to contain thirteen (13) total parking spaces (three
(3) spaces under Parcel 2 and ten (10) spaces under Parcel 3) for the affordable housing
units. The parking garage is also to contain thirty (30) parking spaces that are intended to
replace the parking spaces that currently exist on Parcel 2. These parking spaces are to
be leased by the Aspen Skiing Company as is required by the lease agreement that
currently exists between the Applicant and the Skiing Company.
Amendments from Conceptual Review
In this final application, the Applicant has proposed a handful of amendments in direct
response to conditions of approval that were required by City Council at the conceptual
review of the development. The above -mentioned conceptual conditions of approval and
the corresponding plan changes are detailed below:
Conceptual Condition No. 20- The building and roofline of the five "Free
Market" residential units on Lot 1 immediately south of Lift One
Condominiums shall be lowered three (3) feet from the elevations shown to
City Council during the March 26t", 2001 public hearing.
Related Plan Amendment: The Applicant has lowered the height of the five (5) free
market units by three (3) feet from the plans that were reviewed by City Council at the
March 26, 2001 public hearing.
Conceptual Condition No. 21- The profile/elevations of the five "Free
Market" residential units constructed on Lot 1 immediately south of Lift One
Condominiums shall be that shown on the drawings and plans presented to
the City Council on April 9t", 2001 during the conceptual PUD public
hearing.
Related Plan Amendment: The proposed elevations for the five "Free Market"
residential units to be constructed on Lot 1 are consistent with that of the elevations
presented at the April 9t", 2001 Council Hearing in that there is only a gable on the
easteriunost side of each of the units.
J:! )r
Proposed Lot 1 Final Elevation
Conceptual April 9,2001
Elevation
Conceptual Conditions No. 22- The chimneys and the first two levels of the
north side of the five "Free Market" residential units constructed on Lot 1
immediately south of the Lift One Condominiums shall be faced with stone.
Related Plan Amendment: The proposed elevations in the final PUD application
indicate that the five "Free Market" residential units to be constructed on Parcel 1 are to
have the first two levels faced with stone as well as the chimneys.
Conceptual Conditions No. 23- The trash enclosure on Lot 1 shall be placed
at the most northeasterly corner of Lot 1. Such enclosure shall be designated
in such a manner as to be an architectural "entry" feature of the site plan in
this conceptual PUD from South Aspen Street. The materials of the
enclosure shall consist of some stone veneer and the remainder of the siding
and roof shall be the same as the five "Free Market" residential. units
constructed on Lot 1 immediately south of the Lift One Condominiums. The
doors on the trash enclosure shall face south.
Related Plan Amendment: The proposed site plan and elevations in the final PUD
application indicate that the trash enclosure on Parcel 1 has been moved to the northeast
corner and is to be faced with stone as is required by Condition No. 23 of the resolution
approving the Conceptual PUD.
Other Proposed Amendments from Conceptual Approval:
In addition to the amendments that were just detailed, the Applicant has made several
other alterations from the original plans that were approved during the Conceptual PUD
review of the project. The most notable change to the proposal is that the Applicant has
proposed to move one 3-bedroom affordable housing unit and one 1-bedroom affordable
housing unit from Parcel 1 to Parcels 2 and 3 in an effort to reduce the development's
impact on the neighboring Timber Ridge Condominiums.
STAFF ANALYSIS:
Rezoning to L/TR and Proposed Multi -Family Residential Use:
Staff believes that the proposed rezoning of portions of the three (3) parcels that are the
subject of this application is consistent with the purpose statement of the L/TR Zone
District, which 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 dwelling units". Additionally, large portions of the three (3) parcels are
already zoned L/TR including almost all of Parcels 1 and 3. Adjoining lands in the
vicinity are zoned L/TR as well.
Staff would certainly rather see a hotel or lodging accommodations constructed on this
site as is consistent with the Applicant's possible alternative proposal. However, the
multi -family residential use that is proposed in this application is consistent with the uses
on the surrounding properties, which primarily consist of multi -family residential
buildings containing both free market and affordable housing units. In addition, the
proposed rezoning is consistent with the direction that the Applicant received at the time
of the Conceptual PUD review. Moreover, if this multi -family oriented PUD is not
approved and the Applicant does not pursue a lodge application, one single-family or
duplex structure would be allowed to be developed by right on each of Parcels 1 and 2.
Staff believes that the construction of one single-family or duplex unit would be a
significant underutilization of these properties and would not assist in attaining the
broader community goals of infill vitality and economic sustainability. Therefore, staff
feels that rezoning the entire three (3) parcels to L/TR is appropriate and that the
proposed multi -family residential use is compatible with the land uses in surrounding
neighborhood.
GMQS Exemptions:
The Applicant has requested approval of GMQS exemptions for the reconstruction of a
demolished multi -family building and for the construction of affordable housing units.
Demolishing the Mine Dump Apartments, which houses local working residents, subjects
the development to the City's Resident Multi -Family Replacement Program pursuant to
Land Use Code Section 26.530. The Resident Multi -Family Replacement Program
requires that 50% of the existing bedrooms and 50% of the net livable square footage be
replaced on -site as deed -restricted affordable housing when demolishing a multi -family
residential building that has housed local working residents. The Applicant is proposing
to meet this requirement on Parcel 3 by providing for the replacement of 57% of the
existing bedrooms and 78% of the existing floor area in the Mine Dump Apartments as
deed restricted affordable housing. Thus, staff believes that the proposed application
meets the amount of required replacement housing for demolishing the sixteen (16) free
market units in the Mine Dump Apartments.
Moreover, the Applicant is proposing to gain all of the free market development rights
for the proposal through the reconstruction of the Mine Dump Apartment units that are to
be demolished, which currently consists of a total of sixteen (16) free market dwelling
units. Staff believes that the Applicant may obtain sufficient free market development
rights for the proposed fourteen (14) free market dwelling units to be constructed in the
manner proposed by the Applicant pursuant to Land Use Code Section 26.470.070(A)(1).
The Applicant is applying for the PUD to spread these development rights across the
adjacent parcels. In addition, the Applicant is proposing to construct an additional twelve
(12) voluntary affordable housing units on the adjacent parcels that are not required as
mitigation.
Staff also believes that the proposed affordable housing meets the review standards for a
GMQS exemption to develop affordable housing units. Staff feels that there certainly is
still a need for the development of affordable housing in that we are still under the
projected need of 800 to 1300 additional affordable housing units that is set forth in the
2000 Aspen Area Community Plan's Housing Policies. Moreover, staff believes that the
proposed site is located in an appropriate location for the development of affordable
housing in that it is in close proximity to the commercial core and well within the Urban
Growth Boundary as is mandated by the AACP. Staff also feels that the revised mix of
income categories proposed is appropriate (please see the affordable housing
section for further details on the proposed affordable housing mix).
Dimensional Requirements:
As was previously mentioned, the proposed development on the three (3) individual lots
was designed to meet all of the dimensional requirements of L/TR Zone District.
However, the Applicant shifted two (2) of the affordable housing units from Parcel 1 to
Parcels 2 and 3 in response to concerns that were expressed by neighbors during the
conceptual PUD review. Therefore, Parcel 2 no longer meets the L/TR Zone District
requirement for minimum lot area per dwelling unit. Yet, the entire development
cumulatively is consistent with the L/TR Zone District's required lot area per dwelling
unit. Additionally, staff believes that the proposed dimensional requirements are
extremely compatible with that of the surrounding neighborhood in that the Applicant is
not asking for further variations from the underlying L/TR Zone District Dimensional
Requirements. Therefore, staff feels that the proposed dimensional requirements are
appropriate for the site.
Height:
All of the proposed structures are under the twenty-eight (28) foot height limit that exists
in the L/TR Zone District. During the conceptual PUD review it was identified that the
height of the free marlcet units on Parcel 1 was of extreme concern to the neighboring Lift
One Condominium Owners. As a result of this concern, it was included as a condition of
approval that the building height of these units be reduced by three (3) feet. As was
mentioned previously, the Applicant has reduced the height of the free market units on
Parcel 1 by three (3) feet from that which was proposed and reviewed during the
conceptual review. The new proposed height of the free market units on Parcel 1 is
approximately twenty-five (25) feet as measured by the City Land Use Code
methodology.
Additionally, there is an existing deed restriction on the western quarter of Parcel 1 that
limits the height to be built on this land to sixteen (16) feet as measured from Juan Street.
Therefore, the affordable housing units in the western building to be constructed on
Parcel 1 will not exceed sixteen (16) feet as measured by the City Land Use Code. Staff
believes that many of the surrounding properties including the Lift One and Timber
Ridge Condominiums are constructed above the height proposed within the South Aspen
Street PUD. Therefore, staff feels that the proposed height of the structures is compatible
with that of the neighboring properties and is within the L/TR Zone District's height
requirements.
Parking:
The Applicant has proposed to meet the off-street parking requirements for the
underlying L/TR Zone District as was detailed in the project description. Additionally,
the application includes thirty (30) parking spaces in the proposed sub -grade parking
garage that are to be leased to the Aspen Skiing Company as a replacement for the
parking spaces that currently exist on Parcel 2 (please see letter of consent from the
Aspen Skiing Company that is attached as Exhibit B4 in the application). Staff has
proposed a condition of approval that requires the Applicant to clearly sign the parking
spaces that are to be designated for the affordable housing units. Therefore, staff believes
that the Applicant has proposed sufficient parking to accommodate the thirty-one (31)
residential units.
Traffic Mitigation:
In reviewing the anticipated traffic to be generated by the proposed development, staff
does believe that S. Aspen Street is currently underutilized as the Applicant contends and
that it is sufficiently designed to handle the additional one hundred and thirty-six (13 6)
vehicle trips per day that are expected as a result of the proposal. However, the Streets
Department is requesting that the Applicant pay a fee to offset the potential revocation of
the South Aspen Street's 15-year pavement warranty due to the anticipated increase in
traffic as a result of the proposal. As a result of this request from the Streets Department,
staff has proposed Condition No. 34, which requires the Applicant to provide a form of
mitigation that is satisfactory to the Streets Department and the City Engineer.
Mir. of Affordable Housing:
The Applicant originally proposed to deed restrict all of the affordable housing units to be
constructed as Category 2 rental units. However, during the conceptual review of the
proposal, it was suggested that a variety of categories be represented in the proposed
affordable housing mix for the project. The Applicant has amended the proposal to
contain the following mix of categories:
2-1 Bedroom Category 1 Units
2-1 Bedroom Category 2 Units
2-3 Bedroom Category 1 Units
=7-3 Bedroom Category 2 Units
4-3 Bedroom Category 3 Units
The Housing Authority Staff have reviewed the proposed mix of affordable housing units
and have indicated that they feel that the proposal is appropriate and that it would fulfill
some of the current housing needs within the City. Moreover, the proposed affordable
housing units have an average rental price which is slightly lower than the average rental
price would be if the units were all to be Category 2 units as was required by the Housing
Board. In addition, the Applicant shall convey a 1/10 of one -percent interest in the
proposed affordable housing units and indemnify the city to avoid the consequences of
the Telluride Supreme Court Case regarding rent controls. These requirements have been
proposed as conditions of approval.
Residential Design Standards and Architecture:
The proposal does not meet all of the residential design standards. However, because the
proposal is being reviewed as a site -specific development plan by means of going
through the PUD review process, a waiver from the Residential Design Standards may be
granted as part of the PUD. Staff believes that a waiver from the Residential Design
Standards is appropriate in this situation because the proposed development consists of
multi -family buildings and the Residential Design Standards are primarily geared to
single-family and duplex development. Moreover, staff does agree with the Applicant's
contention that the proposed architecture clearly identifies the use of the site as being
purely residential in nature. Staff also feels that the proposed architecture incorporates
some minor chalet -style elements (long, pitched rooflines and a combination of fagade
treatments) that are indicative of the rest of the neighborhood, yet it clearly differentiates
the era in which it is to be constructed from that of the historic chalets on the eastern side
of South Aspen Street. Therefore, staff believes that the proposed architecture is
compatible but does not mimic the architecture of the surrounding neighborhood.
PM-10 Mitigation:
It has been calculated that the proposed development is anticipated to generate an
additional one hundred and thirty-six (136) vehicle trips per day according to the
International Transportation Engineers Manual. Based on these trip generation numbers
and the PM-10 mitigation credit that the Applicant would receive by way of paving the
vacated alleyway and providing sidewalks throughout the development, the Applicant has
represented in the draft Subdivision Agreement (included as Exhibit 1 in the application)
that they intend to pay a cash -in -lieu fee ,in the amount to be determined by the
Environmental Health Department for the remainder of the required mitigation. The
Envirolunental Health Director has indicated that she is satisfied by the proposed method
of mitigation.
Landscaping Plan:
As a condition of the conceptual approval, it was required that the Applicant submit a
more detailed landscaping plan for review by the Parks Department and Community
Development Staff. In response to this requirement, the Applicant has provided a
detailed landscaping plan In the final PUD application. The Parks Department has
identified at least four (4) trees and possibly a fifth tree that they would like preserved on
the properties. The Applicant has consented to preserving the four (4) trees that were
identified by the Parks Department and the fifth tree is currently under negotiation. The
four (4) trees to be preserved include three (3) cottonwood trees on Parcel 1 and a large
spruce tree on Parcel 3. The fifth tree that the Parks Department would like to try and
preserve is a spruce tree that exists on Parcel 3 near where the retaining wall is to be
constructed on the southern edge of the property. The Parks Department is requesting
that the Applicant fence off the drip lines of these trees to be preserved throughout the
construction process. The trees identified for preservation are circled on the photo below.
In addition, staff has reviewed the proposed landscaping plan and believes that the
Applicant is going to provide a great deal of landscaping on the three (3) parcels. On
Parcel 1, the Applicant has proposed a significant amount of Bristlecone Pine trees to
shield the driveway area for the free market units from the neighboring condominiums to
the north. The Applicant has also proposed a considerable amount of vegetation around
the park area. On Parcel 2, a mixture of trees and shrubbery line the perimeter of the
property as well as the above -grade parking and driveway area. And on Parcel 3, there is
also a mixture of trees and shrubbery that are proposed to line the perimeter of the
property and driveway to the garages for the free market units.
OTHER REFERRAL AGENCY COMMENTS:
The Aspen Sanitation District is requesting that the Applicant replace the existing
substandard sewer line located in the alleyway between S. Garmisch Street and First
Street. The Parks Department has also requested that the Applicants fence off the
western boundary of Parcels 1 and 2 during construction so as not to disturb any of the
natural vegetation on the neighboring Barbee Property. The remainder of the comments
from the referral agencies have been incorporated as conditions of approval as was
deemed appropriate by the Coininunity Development Staff.
REVIEW ISSUES:
Dean Avenue Access:
It appears that the access to the free market units on Parcels 1, 2, and 3 have been
appropriately located to avoid traffic congestion. However, staff has identified the
vehicular access to the parking for the affordable housing units on Parcel 1 as a potential
issue. This is a concern to staff because this portion of the Dean Avenue Right -of -Way
has historically been used by the Timber Ridge Condominiums as an informal parking
area that would be removed in the current proposal. The Applicant contends that they
have a legal right to use the right-of-way for their access to Parcel 1 without replacing the
parking because the existing parking is within the public right-of-way. This issue was
discussed briefly during the conceptual review of the proposal and it was encouraged that
the Applicant study ways to accommodate both the access to Parcel 1 and the parking for
the Timber Ridge Condominiums within the fifty (50) foot wide public right-of-way.
Staff believes that the Applicant could widen their proposed access within the Dean
Avenue Right -of -Way to accommodate a parallel parking lane on the north side of the
street that would accommodate four (4) to five (5) of the nine (9) informal spaces that are
proposed to be removed as part of this development application. In addition, staff feels
that the Applicant could provide a parking lane on the north side of the access to Parcel 1
with an insignificant impact on the landscaping that the Timber Ridge Condominiums
have placed in the right-of-way, which is of specific concern to the Timber Ridge
Condominium Owners. The City Engineer has indicated that the Applicant would be
required to provide a thirty (30) foot wide improved access way on Dean Avenue that
would include within in it a parallel parking lane. The City Engineer also indicated that
local reductions in pavement width could be accommodated around the existing Aspen
trees to preserve them on the north side of the right-of-way. In the alternative, if it is not
required by the City Council that the Applicant provide a parallel parking lane, the City
Engineer is requiring that the Applicant provide a twenty-five (25) foot wide improved
access way, plus stabilized shoulders and curb and gutter on both sides of the road.
Therefore, the Applicant would only need to provide an extra five (5) feet in the width of
the pavement to accommodate the parallel parking lane.
Staff believes that some replacement parking would be beneficial and feels that it would
be appropriate for the Applicant to include the parallel parking on Dean Avenue as part
of their design. The Applicant has consented to looking at the possibility of providing the
parallel parking lane if it can be accommodated without disturbing the existing
landscaping in the northern portion of the Dean Avenue Right -of -Way. Staff would like
the Applicant to study the proposed access off of Dean Avenue and incorporate a parallel
parking lane into their design for City Council's review if it can be accommodated
without significant disturbance to the landscaping and regrading. Staff would also like to
get a recommendation from the Commission on whether the parking lane -should be
provided within the Dean Avenue Right -of -Way.
Right -of -Way Landscaping:
The Applicant has proposed considerable landscaping within the public right-of-way
along both South Aspen Street and Juan Street. The Parks Department believes that the
Autumn Blaze Maple trees that the Applicant has proposed along South Aspen Street are
an appropriate street tree to plant in the public right -of --way. However, the Parks
Department has identified the Idaho Locust trees that the Applicant proposed along Juan
Street as an inappropriate street tree and has requested that the Applicant replace them
with Purple Robe Locust trees. The Applicant has indicated to staff that they do not take
issue with the Parks Department's request and will substitute the Purple Robe Locust
trees in place of the Idaho Locust Trees that are proposed in the application.
Parcel 2 Parldng Garage Entrance:
There was some concern expressed during the conceptual PUD review that the entrance
to the parking garage for Parcels 2 and 3 was proposed directly under the affordable
housing units that are to be built on Parcel ' 2. The concern was primarily based upon the
noise that was anticipated to be generated by the entrance to the garage being located
directly below the units. Condition No. 26 in the Resolution approving the conceptual
design requested that the Applicant restudy the entrance to the garage and relocate it
further east away from the affordable housing units.
The Applicants have indicated that they did study moving the garage entrance to the east
and that it is not feasible because the grade of the entry would be too extreme if it were
located elsewhere on Juan Street. The Community Development Engineer has reviewed
the topography and concurs that the grade of the entrance would likely increase
substantially if it were moved east of where it is currently proposed without redesigning
the entire Parking Garage. Additionally, the Applicant would have to increase the base
elevation of the land under which the free market units on Parcel 2 would be built to
move the parking garage entrance further to the east. Moreover, it was identified by the
Building Department that a three-hour occupancy separation would be required between
the Parking Garage and the units above, which is said to be a fairly significant separation.
Chief Building Official Stephen Kanipe did not believe that the units above the garage
entry would experience a great deal of noise due to the required separation.
Drainage:
The Applicants have proposed a drainage plan that primarily utilizes drywells to
accommodate the proposal site drainage needs. However, the City Engineer has
requested that the Applicant extend the existing storm sewers on both S. Aspen Street and
S. Garmisch Street a half of a block to the south to tie the development into the City
storm sewer system and have the site drain equally into each of the two (2) storm sewers.
The City Engineer has expressed that he is concerned that utilizing d1ywells could
possibly flood the basements of the Condominium Complexes that exist just to the
north of Parcel 1. Therefore, staff has proposed a condition of approval that
requires the Applicant to extend the storm drains as requested by the City Engineer
and to submit a new drainage plan and report that does not utilize drywells prior to
recording the Final PUD Plans.
STAFF RECOMMENDATION:
Staff believes that application overall meets the review standards for granting approval of
a final PUD application. Staff would like the Applicant to further address the Dean
Avenue access and parking: concern prior to granting final approval.' However, if the
above -mentioned concerns are sufficiently addressed by the Applicant, staff recommends
that the Plaiming and Zoning Commission approve the proposed resolution
recommending that City Council approve the Final PUD Plan for the South Aspen Street
PUD and it's associated land use requests with the conditions set forth therein.
RECOMMENDED MOTION:
"I move to approve Resolution No. ]= , Series of 2003, recommending that City Council
approve the South Aspen Street Final PUD, Rezoning to UTR with a PUD Overlay,
Subdivision, Special Review for Affordable Housing Parking, and GMQS exemptions for
the reconstruction of a demolished multi -family building and the development of
affordable housing on Parcels 1, 2, and 3 of the property to be blown as the South Aspen
Street Subdivision/PUD, City and Townsite of Aspen, Colorado."
ATTACHMENTS
EXHIBIT A — REVIEW CRITERIA AND STAFF FINDINGS
EXHIBIT B — APPLICATION
EXHIBIT C — REFERRAL AGENCY COMMENTS
RESOLUTION N0.
(SERIES OF 2003)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL APPROVE THE SOUTH ASPEN
STREET SUBDIVISION/PLANNED UNIT DEVELOPMENT APPLICATION
INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTIONS (GMQS) FOR AFFORDABLE HOUSING AND
RECONSTRUCTION OF A DEMOLISHED MULTI -FAMILY BUILDING,
REZONING TO L/TR WITH A PUD OVERLAY, AND A SPECIAL REVIEW TO
ESTABLISH THE AFFORDABLE HOUSING PARKING REQUIREMENTS ON
THE PROPERTY TO BE DESCRIBED AS PARCELS 1, 29 AND 3, OF THE
SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2735-131-13-001 (Parcel 1)
Parcel No. 2735-131-14-003 (Parcel 2)
Parcel No. 2735-131-23-001 (Parcel 3)
WHEREAS, the Conunnuility Development Department received an application
from Aspen Land Fund Il, LLC, owner, represented by Vann Associates, LLC,
requesting approval of a Final Planned Uinit Development Plan including requests for
Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable
Housing and reconstruction of a demolished multi -family building, Rezoning to L/TR,
and Special Review to establish the off-street parking requirements for the property
described as,
Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen,
Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen,
Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of
Aspen; and,
WHEREAS, the development property consists of three (3) parcels zoned L/TR
and R-15 with a Lodge and PUD Overlay; and,
WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text
Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth
Management Quota System; Section 26.480, Subdivision; and, Section 26.590, the City
Council may approve, approve with conditions, or deny the land use requests made by the
Applicant during a duly noticed public hearing after taking and considering comments
from the general public, and recommendations from the Planning and Zoning
Commission, Community Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Director has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein and recommended approval with conditions; and,
WHEREAS, the Plaiuung 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.
WHEREAS, during a duly noticed public hearing on May 6th, 2003, the
Planning and Zoning Commission opened and continued the public hearing to May 20th,
2003; and,
WHEREAS, during a public hearing on May 20th, 2003, the Planning and Zoning
Coimission took public comments approved Resolution No. , Series of 2003, by a
to (_-� vote, recommending that City Council approve with conditions, the
South Aspen Street PUD and its associated land use requests; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Conunission recommends that City Council rezone the land to be
described as Parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and
Townsite of Aspen, to L/TR (Lodge/Tourist Residential) with Planned Unit Development
(PUD) overlay.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission further recominends that City Council approve the
South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision,
GrolArth Management Quota System Exemptions (GMQS) for Affordable Housing and
for the reconstruction of the multi -family building to be demolished (Mine Dump
Apartments), and for Special Review to establish the off-street parking requirements for
the development of fourteen (14) free market town homes and seventeen (17) affordable
housing units subject to the following conditions:
1. A PUD Agreement shall be recorded at the Pitkin County Cleric and
Recorder's Office within 180 days of the final approval by City Council
and shall include the following:
a. The information required to be included in a PUD Agreement,
pursuant to Land Use Code Section 26.445.070(C).
2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin
County Clerk and Recorder's Office within 180 days of the final approval
granted by City Council and shall include:
a. A final plat meeting the requirements of the Community
Development Engineer and showing easements, encroaclunent
agreements and licenses with reception numbers for physical
improvements, and the location of utility pedestals.
b. An illustrative site plan of the project showing the proposed
improvements, landscaping (including all plantings, species,
numbers, and locations), parking, and the dimensional requirements
as approved.
C. A drawing representing the project's architectural character.
d. A revised drainage plan and report, including an erosion control
plan, shall be prepared by a Colorado licensed Civil Engineer, in
which dry wells will only be allowed to handle runoff from
foundation drains, parking garage ramps, and roof drains. All other
runoff shall be directed towards the City's storm water system.
e. A revised infrastructure plan indicating that all road improvements
shall be crowned. The plan shall also indicate that there shall be no
super -elevated curves permitted. Juan Street and South Garmisch
Street (to the extent of Parcel 1's street frontage) shall be widened to
27 feet as measured from the outer edges of the curbs. The
minimum slope of Juan Street shall be .75%.
3. The following dimensional requirements of the PUD are approved and
shall be printed on the Final Illustrative Plan: .
Dimensional
Requirement
Proposed Development
Minimum Lot Size
6,000 sf.
Lot Area Per Dwelling
Unit
1,100 sf. per bedroom (81 bedrooms on
89,127 sf. of lot area that applies to density
calculations)
Minimum Lot Width
60 feet
Front Yard Setback
10 ft. per parcel
Side Yard Setback
5 ft. per parcel
Rear Yard Setback
10 ft. per parcel
Maximum Height
28 feet except where deed. restricted
Percent of Open Space
27% (cumulative over all 3 parcels)
Allowable External
.83:1 (73,381 sf. cumulative over all three
FAR
parcels)
AH Off -Street Parking
30 Parking Spaces.(2 spaces for each dwelling
unit of 2 or more bedrooms, and 1 space for
each one bedroom and studio unit)(cumulative
over all three parcels)
Free Market Off -Street
28 Parking Spaces (2 spaces for each dwelling
Parking
unit of 2 or more bedrooms, and 1 space for
each one bedroom and studio unit)(cumulative
over all three parcels)
4. The building permit application shall include the following:
a. A copy of the final recorded Ordinance.
b. The conditions of approval printed on the cover page of the building
permit set.
C. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and
any approval from the Parks Department Director for off -site
replacement or mitigation of any removed trees.
e. A detailed ventilation plan of the parking garage ventilation system
prepared by an engineer that specializes in the design of ventilation
and heating systems.
f. A fugitive dust control plan which includes proposed construction
fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads, construction speed limits, and other measures
necessary to prevent windblown dust from crossing the property line.
g. A letter from the primary contractor to the Conunusuty Development
Director stating that the conditions of approval have been read and are
understood.
h. All tap fees, impacts fees, and building permit fees shall be paid prior
to building permit issuance. If an alternative agreement to delay
payment of the Water Tap and/or Parks Impact fee is finalized, those
fees shall be payable according to the agreement.
i. A State of Colorado Storm Water Management (Erosion Control)
Permit because the land area of the development is over an acre.
j . A PM-10 mitigation plan for review and approval by the
Environmental Health Department or a cash -in -lieu payment in the
amount to be calculated by the City Enviroiunental Health Director.
5. The Applicant shall abide by all noise ordinances. Construction activity is
limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday.
6. The Applicant shall agree that there will be no construction material or
dumpsters stored on the public rights -of -way unless a temporary
encroaclunent license is granted by the City Engineer. In addition, the
Applicant shall submit a full set of construction management plans as part
of the building permit application, and the management plans shall include
a noise, dust control, and construction traffic and construction parking
management plan which addresses, at a minimum, the following issues:
a. Defining the construction debris hauling routes and associated
impacts on local streets; and,
b. Construction parking mitigation, except for essential trade trucks, no
other personal trucks are to be parked in the area around the site. The
city encourages that site workers be shuttled in from the airport
parking area.
7. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) the Building Department's asbestos
checklist, and if necessary, a person licensed by the State to do asbestos
inspections must conduct an inspection. The Building Department cannot
sign any building permits until they get this report. If there is no asbestos,
the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it in accordance with the applicable
regulations.
8. The Applicant shall not track mud onto City streets during construction.
A washed rock or other style mud rack must be installed during
construction.
9. The Applicant shall comply with the City of Aspen Water System
Standards, with Title 25, and with applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal
Code, as required by the City of Aspen Water Department. The Applicant
shall enter into a Water Service agreement.
10. The Applicants shall at their sole expense install a new eight (8) inch
water line within South Garmisch Street and Juan Street. In addition, the
Applicant shall abandon the existing six (6) inch water line that exists in
South Garmisch and Juan Street. The point of beginning for the main
replacement on South Garmisch Street shall be the existing valve complex
(serving the Barbee PUD) north of the intersection of Dean and Garmisch.
This is approximately 80 feet further north of the point of beginning
shown on the schematic utility plan dated June 21, 2002.
11. The Applicant shall also schedule the abandonment of the existing water
taps prior to applying for new water taps.
12. The Applicant shall comply with the Aspen Consolidated Sanitation
District's rules and regulations. If new sewer lines are required, then the
existing service must be excavated and disconnected at the main sewer
line. No clear water colmections (roof, foundation, perimeter drains) shall
be allowed to drain to ACSD lines. All improvements below grade shall
require the use of a pumping station. The Applicant shall install an oil and
sand separator in the parking garage that meets the Aspen Sanitation
District's standards. In addition, the Applicant shall enter into a shared
service agreement if more than one unit is served by a single service line.
13. Elevator shaft drains shall flow thru an oil and sand interceptor.
14.. The Applicant shall fund proportionate costs associated with the
development for the replacement of the main sanitary sewer lines located
in S. Aspen Street, Dean Street, and near the Post Office.
15. The Applicant shall enter into a main line extension and collection system
agreement with the Aspen Consolidated Sanitation District prior to
applying for building permits for the development.
16. The Glycol containment areas must be approved by the Aspen
Consolidated Sanitation District prior to issuance of a Certificate of
Occupancy on any of the units within the development.
17. The Applicant shall at their sole expense replace the existing substandard
sewer line located in the alley of Block 61 between S. Garmisch and First
Street in First Street.
18. The Applicant shall extend the existing storm water sewers south on both
S. Aspen Street and S. Garmisch Street as far as Dean Avenue.
Additionally, the Applicant shall extend the existing storm sewers to the
Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue/ S.
Garmisch Street intersection. As required by the City Engineering
Department, catch basins shall be installed at these intersections.
19. All landscaping in the public right-of-way shall meet the requirements as
set forth in Municipal Code Chapter 21.20, Trees and Landscaping on
Public Right -of -Way. Any landscaping in the public right-of-way shall be
approved by the City Parks Department prior to installation. The
Applicant shall also obtain a revocable encroachment license from the
City Engineering Department prior to installation of any landscaping or
improvements in the public right-of-way. All plantings along the edge of
the subject properties or within the public right-of-way shall be of a size
and a species that will not require major maintenance (pruning, trimming
due to over growth) by the City or the developer.
20. All exterior lighting shall meet the City of Aspen Lighting Code
requirements set forth in Land Use Code Section 26.575.150, as may be
amended from time to time.
21. The Applicant shall pay a proportional amount of the applicable school
land dedication fees as determined by the City of Aspen Zoning Officer
prior to building perinit issuance on each of the units.
22. All affordable housing units to be constructed on Parcel 3 of the PUD
shall obtain certificate of occupancies prior to the issuance of a certificate
of occupancy on any of the free market units within the development. In
addition, the free market units on Parcel 2 shall not be issued Certificates
of Occupancy until all of the affordable housing units on Parcel 2 have
received Certificates of Occupancy. The free market units on Parcel 1
shall also not be issued Certificates of Occupancy until the affordable
housing units on Parcel 1 have received Certificates of Occupancy.
23. The Applicant shall convey an undivided fractional interest (one -tenth of
one percent) in the ownership of the deed restricted employee housing
units to the Aspen/Pitkin County Housing Authority for the purpose of
complying with the Colorado Supreme Court Decision regarding rent
control legislation. To satisfy the rent control issue, the Applicant may
submit an alternative option acceptable to the City Attorney.
24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or
similar charges related to ownership in the deed restricted affordable
housing units.
25. The mix of affordable housing categories shall be as follows:
2-1 Bedroom Category 1 Units
2-1 Bedroom Category 2 Units
2-3 Bedroom Category 1 Units
7-3 Bedroom Category 2 Units
4-3 Bedroom Category 3 Units
26. The deed restrictions on the affordable housing units shall be filed in
conjunction with an application to condominiumize the free market units
but prior to issuance of a Certificate of Occupancy on any of the units
within the development. The deed restrictions shall meet the following:
a. The deed restrictions on the affordable housing units shall be
defined by the rental price terms in the Aspen/Pitkin County
Affordable Housing Guidelines in affect at the time of Final PUD
approval
27. The Applicant shall record a housing replacement agreement which sets
forth the terms and conditions by which the replacement housing will be
provided prior to demolishing the Mine Dump Apartments.
28. The most recent tenants of the Mine Dump Apartments who meet the
Affordable Housing Guidelines for the proposed units shall be granted
first priority through an internal lottery at the time of the initial rental of
the replacement affordable housing units.
29. The Applicant shall erect signage and install pavement marking on Juan
Street that prohibits on -street parking.
3 0. The Applicant or their successors or assigns shall maintain the common
driveway between Parcels 2 and 3.
31. The Applicant shall install an adequate fire alarm system throughout the
development as determined by the Fire Marshal. The Applicant shall also
install fire sprinkler systems and fire extinguishers that meet the
requirements of the Fire Marshal. The Applicant shall meet with the Fire
Marshal prior to building permit issuance to review alarms and sprinkler
system plans.
32. Soil nails shall not be allowed within or under the public right-of-way.
33. The Applicant shall submit financial assurance in an amount and form
acceptable to the City Engineer for excavation in the public right-of-way.
34. The Applicant shall provide a form of mitigation approved by the City
Engineer for increased vehicular traffic on South Aspen Street, causing a
revocation of the road's 15-year pavement warranty that results from
accelerated road deterioration. The Applicant shall be proportionately
reimbursed by future developments that cause a substantial increase in
vehicle trips on the portion of South Aspen Street that is subject to the 15-
year pavement warranty.
35. The Applicant shall either provide a twenty-five (25) foot wide improved
public access way with drive -on, slanted -face curbs and a stabilized
shoulder on Dean Avenue for vehicular access into Parcel 1's affordable
housing units, or provide a thirty (30) foot wide improved public access
way with a parallel parking strip on to the north and curb and gutter on
both sides of Dean Avenue. The improvements in Dean Avenue shall be
designed and constructed to meet the standards of the City Engineering
Department. The Applicant shall construct the parallel parking lane
provided that it can be accommodated without removing the Aspen trees
that exist on the north side of the proposed access way.
36. The City Engineering Department recommends that the Applicants obtain
flood insurance for the proposed units if available.
37. The Applicant shall install tree saving construction fences around the drip
line of any trees to be saved.
a. The City Forester or his/her designee must inspect this fence before
any construction activities commence.
b. No excavation, storage of materials, storage of construction
equipment, construction backfill, foot or vehicular traffic shall be
allowed within the fenced drip line.
38. A native vegetation protection fence shall be installed on the western
property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the
Barbee Family Subdivision Property. The fence shall be installed and
inspected by a City of Aspen Parks Department Representative prior to
construction. There shall be no storage of construction materials, back fill,
tools, or construction traffic beyond this protective fence. There also shall
be no excavation or disturbance of the native area beyond this protective
fence.
39. The Applicant or their successors or assigns shall maintain the Open
Space on the site including the Park proposed on Parcel 1.
40. Pet waste stations shall be installed in the Park.
Section -3:
All material representations and commitments 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 Coinnussion 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 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.
seetinn I;.
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 Zoiung Commission of the City of Aspen on this 20th
day of May, 2003.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
EXHIBIT A
PLANNED UNIT DEVELOPMENT (PUD)
Review Criteria & Staff Findings
Section 26.445.050, Review Standards: Final PUD
Section 26.445.050 of the Regulations provides that development applications for Final
PUD must 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
Staff believes that the proposal is consistent with many objectives of the Aspen Area
Community Plan. The Applicant has appropriately proposed to develop affordable
housing well within the Urban Growth Boundary and in close proximity to the
Commercial Core of the City as is consistent with the housing policies that are set forth in
the AACP. In addition, the Interim Aspen Area Citizen Housing Plan states that citizen
housing should be provided within the metro area and in close proximity to public mass
transit as the proposed development is. Moreover, the proposal encourages the private
sector's participation In the development of affordable housing in that the project
provides the development of some voluntary affordable housing on the site. Staff finds
this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
Staff feels that the proposal is consistent with the land uses in the immediate vicinity in
that there are a considerable amount of multi -family residential buildings In the
immediate vicinity. Additionally, the Juan Street affordable housing complex exists on
an adjacent parcel, which is consistent with the proposed creation of seventeen (17)
affordable housing units. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development
o f the surrounding area.
Staff Finding
The proposed development will not adversely affect the future development of the
surrounding area in any way. The neighboring properties are essentially built out with the
exception of the several of the Barbee Subdivision Single -Family Lots. Staff finds this
criterion to be met.
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
The Applicant has requested approval of GMQS exemptions for reconstruction of
demolished free market buildings and for the development of affordable housing. In
addition, the Applicant is required to meet the Resident Multi -Family Replacement
Program to replace at least 50% of the bedrooms and 50% of the square footage that
currently exists in the Mine Dump Apartments to me demolished. Staff has reviewed
both GMQS exemption requests and believes that the Applicant has met all of the
respective criteria (please see staff findings for responses to specific GMQS review
criteria).
B. Establishment of Dimensional Requirements:
The final 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. During review of the proposed dimensional requirements, compatibility
with surrounding land uses and existing development patterns shall be emphasized.
Staff Finding
The Applicant designed the project to meet the dimensional requirements of the L/TR
Zone District in which the parcels are to be completely rezoned. The only variation that
is requested from the dimensional requirements of the underlying zone district is that the
Applicant is proposing to provide slightly greater density on Parcel 2 than is allowed in
the L/TR Zone District. However, the lot area per bedroom requirement in the L/TR
Zone District is met when you take into consideration the entire PUD as a whole.
Therefore, staff believes that the proposed dimensional requirements are compatible with
that of the surrounding development pattern when using the underlying L/TR Zoning as a
guide. Staff finds this criterion to be met.
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 and 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 the proposal is consistent with the existing land uses in the immediate
vicinity in that there is a great deal of multi -family residential building in the immediate
area. Additionally, the Juan Street affordable housing project is located on an adjacent
property, which promotes the development of affordable housing on the site. Moreover,
staff also believes that the Applicant has for the mostpart designed the proposal In a
man ier that accounts for the existing man-made characteristics of the property in regards
noise, traffic, and parking. Staff does have a concern about the vehicular access to the
affordable housing units on Parcel 1 in that the Timber Ridge Condominiums currently
use the proposed access area as an informal parking facility. The Applicant believes that
it is their legal right to use Dean Avenue for access without replacing the existing parking
because it is within a platted public right-of-way. However, staff would like the
Applicant to further study whether both the access and some replacement parking can be
accommodated within the fifty (50) foot right-of-way without damaging a significant
amount of the existing landscaping on the northern portion of the right-of-way.
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 Applicant is not proposing to establish any variations from the underlying L/TR
Zone District's dimensional requirements regarding allowable FAR, height, or Open
Space. Therefore, staff believes that the proposed dimensional requirements are in
character with the surrounding L/TR zoned properties. 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.
Staff Finding
Staff believes that the Applicant has proposed an appropriate number of off-street parking
spaces. The application proposes one parking space for each studio or one -bedroom unit
and two (2) parking spaces for each unit containing two (2) bedrooms or more as is
required by the underlying L/TR Zone District. In addition, the Applicant has proposed
to provide thirty (3 0) parking spaces in the subgrade parking garage to replace the thirty
(30) parking spaces that currently exist on the parking lot parcel. These spaces are to be
leased to the Aspen Skiing Company as the existing spaces currently are. Therefore, staff
believes that the Applicant has proposed an appropriate number of off-street parking for
the proposed development. 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 o f 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 project site benefits from sufficient infrastructure capabilities to serve the proposed
development and, therefore, no density reductions are necessary. � As mentioned earlier,
all utilities exist on -site and the capacities are adequate to accommodate the proposed
density if the proposed conditions of approval are adhered to. Additionally, the Fire
Marshal has reviewed the proposal and believes that there is sufficient access. Staff finds
this criterion to be met.
S. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rockfalls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or
trail in the proposed development is not compatible with the terrain or
causes harmful disturbance to critical natural features of the site.
Staff Finding
Staff believes that the site is suitable for the proposed development and that the proposal
will have to maintain historical drainage rates. Staff does feel that the proposal will
greatly increase vehicle trips in the area and thus could have a detrimental effect on the
City's air quality. In response to this, it was requested that the Applicant submit a PM-10
Mitigation for review by the Environmental Health Department. In the draft subdivision
agreement that the Applicant has included as Exhibit 1 in their application, it was
proposed that they will pay a cash -in -lieu fee as mitigation or provide a PM-10 mitigation
plan to the Environmental Health Department prior to building permit submittal. The
Environmental Health Department Director has reviewed the proposed method of
mitigation and has indicated that she is satisfied with the proposal. Staff finds this
criterion to be met.
6. The maximum allowable density within a PUD may be increased if there
exists a significant community goal to be achieved through such increase
and the development pattern is compatible with its surrounding
development patterns and with the site's physical constraints. Specifically,
the maximum density of a PUD may be increased if
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified
in subparagraphs 4 and S, above, those areas can be avoided, or those
characteristics mitigate
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 has requested to slightly increase the allowable density that is proposed on
Parcel 2 over what would be allowed in the underlying L/TR Zone District. However,
the entire PUD when calculated as a whole does not exceed the maximum allowable
density of the L/TR Zone District. Staff believes that the increase in allowable density on
Parcel 2 is appropriate given the site's close proximity to the commercial core and mass
transit. In addition, staff believes that the parcel can handle the increased density in that
it is relatively flat. Staff finds this criterion to be met.
B. 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.
Staff Finding
Staff does not believe that there are any significant man-made or natural features that
exist on the site. Therefore, staff finds this criterion not to be applicable.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
Staff Finding
Staff believes that the Applicant has worked significantly with the neighboring property
owners to design the proposal in a manner that will preserve their views as much as
possible. The Applicant has :even gone as far as moving several of the affordable housing
units from Parcel 1 to Parcels 2 and 3 to accommodate the views of the Timber Ridge
Condominiums. Staff finds this criterion to be met.
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.
Staff Finding
Staff believes that the Applicant has appropriately oriented as much of the proposed
development as possible towards S. Aspen Street and towards the public access on Dean
Avenue. In addition, sidewalks are proposed throughout the development to contribute to
the urban context of the proposal. Staff finds this criterion to be met.
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
Staff Finding
The Fire Marshal has reviewed the proposal and believes that it appropriately and
adequately allows for emergency and service vehicle access. Staff finds this criterion to
be met.
S. Adequate pedestrian and handicapped access is provided.
Staff Finding
The Applicant shall meet the Uniform Building Code requirements for accessibility and
the applicable requirements of the American Disabilities Act. In addition, the Applicant
has proposed to provide ADA accessible sidewalks in those portions of the public right-
of-way on S. Aspen Street, Juan Street, and S. Garmisch Street that abut the proposed
parcels. Staff finds this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall not negatively impact surrounding
properties.
Staff Finding
The Applicant has proposed to maintain the historic drainage conditions on the site. Staff
finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately
de -signed to accommodate any programmatic functions associated with the
use.
Staff Finding
The proposal does not contain non-residential land uses. Staff does not feel that this
criterion is applicable to the proposal.
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 designed treatment of exterior spaces,
Preserving existing significant vegetation, and provides an ample quantity
and variety of ornamental plant species suitable for the Aspen area climate.
Staff Finding
The City of Aspen Parks Department has reviewed the proposed landscape plan and feels
that the proposed species are suitable for the Aspen area climate. In addition, the Parks
Department has indicated that the Applicant is proposing to preserve the significant
vegetation on the site, which consists of three (3) Cottonwood trees on Parcel 1 and a
large spruce tree on Parcel 3. Staff finds this criterion to be met.
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.
Please see the relevant responses provided for the previous PUD standards.
3. The proposed method of protecting existing vegetation and other landscape
.features is appropriate.
Staff Finding
Staff has proposed a condition of approval that requires the Applicant to erect fencing
around the drip lines of all trees to be saved during the construction process. In addition,
staff is requiring that the Applicant fence off the western property boundary of Parcels 1
and 2 to ensure that there is no disturbance on the neighboring Barbee Property. Staff
feels that the proposed conditions of approval will ensure appropriate protection of the
existing vegetation. Staff finds this criterion to be met.
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 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 and 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.
Staff Finding
Staff believes that the proposed architecture clearly defines the use of the proposed
structures as residential buildings. In addition, staff believes that the proposal respects
and is compatible with the massing and scale of the surrounding development. Staff
finds this criterion to be met.
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.
Staff Finding
The Applicant has proposed to meet the applicable requirements of the Model Energy
Code. In addition, the Applicant has oriented the structures on Parcel 1 to take advantage
of the property's limited solar access. Staff finds this criterion to be met.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
Staff Finding
The Applicant proposes to store the snow removed from the site in the open spaces
located on throughout the property. Additionally, the roof overhangs provide shielding of
snow from the various entrances and pedestrian ways throughout the development. Staff
finds this criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any king to adjoining streets or lands. Lighting of site
.features, structures, and access ways is proposed in an appropriate manner.
Staff Finding
The development will comply with Section 26.575.150, Outdoor Lighting, of the Land
Use Code, and specifically with Section 26.575.150(E), Non -Residential Lighting
Standards. Compliance with said section will ensure consistency with this PUD review
standard. No lighting of site features or structures is proposed, and no lighting will cause
direct glare on or hazardous interference of adjoining streets or lands. Staff finds this
criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up -lighting of site features, buildings, landscape elements, and
lighting to call inordinate attention to. the property is prohibited for
residential development.
Please see the response provided in the previous standard.
E Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or
recreation area./or 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.
Staff Finding
The proposed development will contain a small pocket park on the southwest corner of
Parcel 1 that is for the benefit of the development's residents. Staff believes that the
proposed pocket park will provide visual relief from the considerable residential density
on the site. Staff finds this criterion to be met.
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.
Staff Finding
The Applicant anticipates that the park will be designated as limited common element
through the condominiumization of the property and that the Homeowner's Association
will maintain the park area. Staff finds this criterion to be met.
3. There is proposed an adequate assurance through 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 anticipates that the park will be designated as limited common element
through the condominiumization of the property and that the Homeowner's Association
will maintain the park area. Staff finds this criterion to be met.
G. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified f nancial 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.
Staff Finding
All major utilities, including water, sewer, electric, natural gas, telephone, and cable
television are currently in place and serve the site from existing lines located within the
surrounding street network. However, the Applicant will have to replace the water lines
In S. Garmisch and Juan Streets and will have to upgrade a portion of the sewer line in
the Alley of Block 61 between Garmisch and First Streets as was detailed in the
application. Staff finds this criterion to be met.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
Staff Finding
All major utilities, including water, sewer, electric, natural gas, telephone, and cable
television are currently in place and serve the site from existing lines located within the
surrounding street network. However, the Applicant will have to replace the water lines
In S. Garmisch and Juan Streets and will have to upgrade a portion of the sewer line in
the Alley of Block 61 between Garmisch and First Streets as was detailed in the
application. In addition, the Applicant shall pay a traffic impact mitigation fee to offset
the possible revocation of the City's 15-year pavement warranty on S. Aspen Street due
to the increased traffic generated by the development. Moreover, the Applicant also
proposes to widen S. Garmisch Street and Juan as well as install sidewalk, curb, and
gutter in the right -of --way adjacent to Parcels 1, 2, and 3 of the proposed development.
The Applicant has consented to paying for the required improvements that result from the
development. Staff finds this criterion to be met.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately.for the
additional improvement.
Staff Finding
It is not believed that any over -sizing of utilities will be necessary. If the proposed
redevelopment is subject to the terms of another developer's reimbursement agreement,
the Applicant will pay the fees required. Staff finds this criterion to be met.
H. Access and Circulation (Only standards I & 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 and approved private road, a
pedestrian way, or other area dedicated to public or private use.
Staff Finding
Staff believes that every structure proposed in the PUD will have adequate access to a
public street. Staff finds this criterion to be met.
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
Discussions relative to vehicular access, parking, and traffic have been provided
throughout the memorandum. Staff is concerned about the vehicular access to the
affordable housing units on Parcel 1 as was previously detailed in the staff memo.
Therefore, staff has requested that the Applicant restudy the possibility of
accommodating both the access to Parcel 1 as well as some replacement parallel parking
within the fifty (50) foot wide Dean Avenue right-of-way.
I. Phasing of Development Plan.
The purpose of these 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 phase the development at this time. Staff has proposed
a condition of approval that requires the Applicant to obtain a certificate of occupancy on
all of the affordable housing units on Parcel 3 prior to obtaining a certificate of
occupancy on any of the free market units. In addition, staff has proposed a condition
that requires the Applicant to obtain certificates of occupancy on all the AH units on
Parcel 2 prior to obtaining a certificate of occupancy for the free market Louts on Parcel 2.
Similarly, staff has proposed a condition that requires the Applicant to obtain certificates
of occupancy on all the AH units on Parcel 3 prior to obtaining a certificate of occupancy
for the free market units on Parcel 3. Staff finds this criterion to be met.
GMQS EXEMPTIONS
Review Criteria & Staff Findings
Section 26.470.070(J), Affordable Housing GMQS Exemption
Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed
restricted in accordance with the housing guidelines of the City Council and its housing
designee shall be exempt [from the GMQS scoring and competition procedures]."
Review is by City Council. The section goes on to state that,
The review of any request for exemption of housing pursuant to this Section shall
include a determination of the City's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number of dwelling
units proposed and their location, the type of dwelling units proposed, specifically
regarding the number of bedrooms in each unit, the size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed price categories to
which the dwelling units are to be deed restricted.
Staff Finding
The Applicant is proposing a total of seventeen (17) affordable housing units that are to
be deed restricted as a mix of Category 1, 2, and 3 rental units. Staff feels that there
certainly still is a need for the development of affordable housing in that we are still
under the projected 'need of 800 to 1300 additional affordable housing units that is set
forth in the 2000 Aspen Area Community Plan's Housing Policies. Moreover, staff
believes that the proposed site is located in an appropriate location for the development of
affordable housing in that it is in close proximity to the commercial core and well within
the Urban Growth Boundary as is mandated by the AACP. Staff also feels that the
revised mix of income categories proposed is appropriate given that the Applicant has
consented to providing the varied mix of income categories as was suggested by the
Housing Authority. Moreover, the Housing Authority has found that the proposed
development complies with the Aspen/Pitkin County Affordable Housing Guidelines.
Staff finds this criterion to be met.
Subdivision
REVIEW CRITERIA & STAFF FINDINGS
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
1. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding
Staff believes that the proposal is consistent with many objectives of the Aspen Area
Coinniunity Plan. The Applicant has appropriately proposed to develop affordable
housing well within the Urban Growth Boundary and in close proximity to the
Commercial Core of the City as is consistent with the housing policies that are set forth in
the AACP. In addition, the Interim Aspen Area Citizen Housing Plan states that citizen
housing should be provided within the metro area and in close proximity to public mass
transit as the proposed development is. Moreover, the proposal encourages the private
sector's participation in the development of affordable housing in that the project
provides the development of some voluntary affordable housing on the site. Staff finds
this criterion to be met.
2. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
Staff Finding
Staff feels that the proposal is consistent with the land uses in the immediate vicinity in
that there are a considerable amount of multi -family residential buildings in the
immediate area. Additionally, the Juan Street affordable housing project exists on an
adjacent parcel, which is consistent with the proposed creation of seventeen (17)
affordable housing units on the subject site. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the ficture
development of surrounding, areas.
Staff Finding
The proposed development will not adversely affect the future development of the
surrounding area in any way. The neighboring properties are essentially built out with the
exception of the several of the Barbee Subdivision Single -Family Lots. Staff finds this
criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
As was detailed in the staff memo, the Applicant has designed the proposal to meet the
L/TR Zone District's dimensional requirements. Additionally, the Applicant has
proposed to meet the requirements of the Resident Multi -Family Replacement Program
on Parcel 3 in order to demolish the Mine Dump Apartments. Thus, staff believes that the
proposal is generally in compliance with all portions of the land use code. Staff finds this
criterion to be net.
B. Suitability of Land for Subdivision
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mu(flow, rockslide, avalanche or snowslide, steep topography or any other
natural hazard or other condition that will be harfnful to the health, safety, or
welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed
to create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
Staff Finding
The application has indicated that there are no blown significant natural hazards that
would adversely affect the site. Furthermore, the application indicates that the Applicant
does not anticipate there being any hazards that would have an adverse impact upon the
health, safety or welfare of the proj ect's residents. Therefore, staff finds this criterion to
be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided
for the proposed subdivision. These standards may be varied by special review (See,
Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to
the subdivision design standards would result in incompatibility with the Aspen
Area Comprehensive Plan, the existing, neighboring development areas, and/or
the goals of the community.
2. The Applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
Staff Finding
The Applicant has consented to install the required subdivision improvements that are
applicable to this proposal as is detailed in the application. Staff finds this criterion to be
met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.520, Replacement Housing Program. A subdivision which
is comprised of new dwelling units shall be required to provide affordable housing in
compliance with the requirements of Chapter 26.470, Growth Management Quota
System.
Staff Finding
The Applicant is proposing to provide affordable housing in an amount that is sufficient to
satisfy the Resident Multi -Family Housing Replacement Program for the demolition of the
Mine Dump Apartments. To meet the multi -family replacement requirements, the
Applicant has proposed to provide over 50% of the bedrooms and over 70% of the square
footage that currently exists in the Mine Dump Apartments as deed restricted affordable
housing in the proposed development. In addition, the fourteen (14) free market dwelling
units are exempt from the Growth Management Quota System because the replacement of
free market residential building are listed as an exemption pursuant to Land Use Code
Section 26.470.070(A)(1). The free market units are to be replacement un its for the
demolition of the sixteen (16) free market units that exist in the Mine Dump Apartments.
Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630.
Staff Finding
The Applicant has proposed to make a required payment in lieu of land dedication prior to,
and on a proportional basis with, the issuance of any building permits for the proposed
development's residential dwelling units. Thus, staff finds this criterion to be met.
F. Gronvth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to Chapter
26.470. Subdivision approval may be granted to create a parcels) zoned Affordable
Housing Planned Unit Development (AID PUD) without first obtaining growth
management approvals if the newly created parcel(s) is required to obtain such growth
management approvals prior to development through a legal instrument acceptable to
the City Attorney. (Ord. No. 44-2001, § 2)
Staff Finding
The Applicant has requested approval of the applicable GMQS exemptions to develop the
proposal. Action shall be taken on the proposed GMQS exemptions at the same time that
action is taken on the subdivision and PUD portions of the application. Staff finds this
criterion to be met if the GMQS exemptions are approved.
REZONING
REVIEw CRITERIA & STAFF FINDINGS
Pursuant to Land Use Code Section 26.310, in reviewing an application for an
amendment to the official zone district map, the Planning and Zoning Commission and
City Council shall consider the following:
1. Whether the proposed amendment is in conflict with any applicable
portions of this Title.
Staff Finding
Staff does not believe that the proposed rezoning to L/TR with a PUD overlay is in
conflict with any portion of the City of Aspen Land use Code. Staff finds this criterion to
be met.
2. Whether the proposed amendment is consistent with all elements of
the Aspen Area Community Plan..
Staff Finding
Staff believes that the proposal is consistent with many objectives of the Aspen Area
Conu-nunity Plan. The Applicant has appropriately proposed to develop affordable
housing well within the Urban Growth Boundary and in close proximity to the
Commercial Core of the City as is consistent with the housing policies that are set forth in
the AACP. In addition, the Interim Aspen Area Citizen Housing Plan states that citizen
housing should be provided within the metro area and in close proximity to public mass
transit as the proposed development is. Moreover, the proposal encourages the private
sector's participation in the development of affordable housing in that the project
provides the development of some voluntary affordable housing on the site. Staff finds
this criterion to be met.
3. Whether the proposed amendment is compatible with the
surrounding zone districts and land uses, considering existing land
use and neighborhood characteristics.
Staff Finding
Staff believes that the proposed rezoning is compatible with the surrounding zone
districts and land uses. The neighborhood primarily contains multi -family residential
buildings and lodging facilities. Additionally, the Juan Street Affordable Housing Project
is located directly west of the proposal on the adjacent property. Therefore, staff believes
that the proposed uses of affordable housing and multi -family residential building are
consistent with the remainder of the neighborhood. Staff finds this criterion to be met.
4. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding
Staff does believe that the proposal will generate a considerable amount of traffic.
According to a trip generation study performed by the Applicant's engineer, 136 trips are
anticipated to be generated every day by the proposal. However, the Applicant's
engineer believes that the S. Aspen Street right-of-way is currently underutilized and that
the street can accommodate the anticipated additional usage. The City Engineer has
reviewed proposal and agrees with the assessment. In addition, the Applicant has
proposed to widen both Juan Street and a portion of South Garmisch Street as is required
by the City Engineering Department to better accommodate two-way travel. Therefore,
with the required conditions of approval, staff finds this criterion to be met.
S. Whether the extent to which the proposed amendment would result
in demands on public facilities, and whether and the extent to which
the proposed amendment would exceed the capacity of such public
facilities, including but not limited to transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Staff Finding
All major utilities, including water, sewer, electric, natural gas, telephone, and cable
television are currently in place and serve the site from existing lines located within the
surrounding street network. However, the Applicant will have to replace the water lines
in S. Garmisch and Juan Streets and will have to upgrade a portion of the sewer line in
the Alley of Block 61 between Garmisch and First Streets as was detailed in the
application. In addition, the Applicant shall pay a traffic impact mitigation fee to offset
the possible revocation of the City's 15-year pavement warranty on S. Aspen Street due
to the increased traffic generated by the development. Moreover, the Applicant also
proposes to widen S. Garmisch Street and Juan as well as install sidewalk, curb, and
gutter in the right-of-way adjacent to Parcels 1, 2, and 3 of the proposed development.
The Applicant has consented to paying for the required improvements that result from the
development. Staff finds this criterion to be met.
6. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment.
Staff Finding
Staff does believe that the proposal will have an adverse affect on the air quality within
the City of Aspen as a result of the increased vehicular trip generation. In response to
this, it was requested that the Applicant submit a PM-10 Mitigation for review by the
Environmental Health Department. In the draft subdivision agreement that the Applicant
has included as Exhibit 1 in their application, it was proposed that they will pay a cash -
in -lieu fee as mitigation. The Environmental Health Department Director has reviewed
the proposed method of mitigation and has indicated that she is , satisfied with the
proposal. In addition, staff believes that the Applicant is appropriately preserving the
significant vegetation on the site by saving three (3) cottonwood trees on Parcel 1 and a
large spruce tree on Parcel 3. Staff finds this criterion to be met.
7. Whether the proposed amendment is consistent and compatible with
the community character of the City of Aspen.
Staff Finding
Staff believes that the proposal is consistent with the community character of Aspen and
the character of the immediate vicinity in that there exists a considerable amount of free
market multi-fainily buildings and affordable housing in the immediate area. Staff finds
this criterion to be met.
8. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the proposed
amendment.
Staff Finding
Staff believes that the portions of the three (3) parcels that are not currently zoned L/TR
create an island of R-15 ainidst properties zoned L/TR. Staff feels that this island of R-
15 zoning was created when the Juan Street Affordable Housing Project was approved
and rezoned to AH PUD. The rezoning of the Juan Street Affordable Housing parcel
disconnected Parcel 2 from the rest of the area to the southeast that is zoned R-15. Staff
believes that the development of the Juan Street Affordable Housing Project represents
changed circumstances that support the rezoning of Parcel 2 to L/TR for the development
of a mix of affordable housing units and free market multi -family dwelling units. Staff
finds this criterion to be met.
9. Whether the proposed amendment would be in conflict with the
public interest and whether it is in harmony with the purpose and
intent of this Title.
Staff Finding
Staff believes that the proposal serves a public interest in that it provides a great deal of
affordable housing units within a close proximity to the commercial core area of town.
Staff would certainly rather see a lodging establishment be developed on the subject
property. However, staff does believe that the proposed multi -family residential use is
also appropriate for the site. Additionally, the Applicant has designed the proposal to be
consistent with the intent and the dimensional requirements of the L/TR Zone District.
Therefore, staff believes that the proposal is consistent with the purpose and intent of the
Land Use Code. Staff finds this criterion to be met.
t'-X11) t0l f "L "
MEMORANDUM
To: Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Caseload Coordinator
Date: April 10, 2003
Re: April 9/03 DRC Meetinq Minutes: Cloud 9 PUD Amendment to Install Decks
Attendees:
Sunny Vann, Planner for Applicant
Auggie Reno, Architect for Applicant
James Lindt, Community Development Department
Ed Van Walwaven, Fire Department
Tom Bracewell, Sanitation District
Jannette Whitcomb, Environmental Health
Brian Flynn, Parks Department
Denis Murray, Building Department
John Niewoehner, Community Development Department
At the April 9, 2003 meeting, the Development Review Committee reviewed a PUD proposal for a
development that will contain 14 free market units, 17 affordable housing units, Juan St
improvements and two underground parking structures. This DRC meeting was conducted to
review the plans prior to Final approval by P& Z and City Council. The Conceptual Plans were
previously reviewed by DRC on November 1, 2000.
DRC COMMENTS:
Parks Department:
Construction Fence. A native vegetation protection fence is required to be installed
between the Barbee family Subdivision Property and part of Parcel 2 and the entire
length of Parcel 3 boundary. This fence must be installed prior to construction and
inspected by a city representative of the Parks Dept. There will be no storage of
construction materials, back fill, tools or construction traffic outside of the protective
fence. Erosion control measures may be necessary depending upon the site. There is
no excavation or disturbance of the native area outside of the protective fence.
Tree Protection. (i) As earlier discussed the Developer and the City Parks department
will work together to protect and save four previously identified trees which will remain on
site during construction. This will require a vegetation protection fence shall be erected
at the drip line of each individual tree or groupings of trees on site. This fence must be
inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence. No excavation, storage of materials, storage of
construction back fill, storage of equipment, foot or vehicle traffic allowed within the drip
line of any tree to remain on site. (ii) The parks department is interested in adding a fifth
tree to the protection list, if the developer can meet with the Parks Department to
determine the feasibility of protection. This meeting should be on site and take place
prior to bldg permit approval
ROW Landscaping. There shall be no plantings with the City ROW which are not
approved first by the city parks department. All plantings along the edge of private
property and the City ROW should be of size and species which will not require major
maintenance (pruning, trimming due to over growth) by the city or developer.
Tree Removal Permit. As noted on page 37 of the agreement the mitigation for tree
removals will require an approved application from the city parks dept and an agreed
upon mitigation through on -site landscaping and cash -in -lieu. The approval of the Bldg
permit is contingent on the acceptance of an approved tree permit.
Fire Department:
Page 2 of 9
April 10, 2003
South Aspen St. PUD
• Prior to the submittal of a building permit application, the Fire Department suggests that
the designers meet with the Fire Department to work out issues regarding alarms,
sprinklers and access.
• The current layout of the roads and driveways appear to address the 2000 comments of
the Fire Department.
Sanitation District:
• ACSD Standards: Service is contingent upon compliance with the District's rules,
regulations, and specifications, which are on file at the District office.
• Drainage: ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. Driveway entrance drains must drain to drywells or the storm sewer.
• UtilityPlans: lans: On -site utility plans require approval by ACSD.
• Oil and Sand separators are required for parking garages and vehicle maintenance
establishments.
• Elevator shafts drains must flow thru o/s interceptor
• Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements.
• Below grade development may require installation of a pumping system.
• Shared Service Agreements. One tap is allowed for each building. Shared service line
agreements may be required where more than one unit is served by a single service line.
• Prohibited Improvements. Permanent improvements are prohibited in sewer easements
or right of ways. Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the district.
• Fees. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our
office can develop an estimate for this project once detailed plans have been made
available to the district.
• Proportionate Fees. Where additional development would produce flows that would
exceed the planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional proportionate
fees would be collected over time from all development in the area of concern in order to
fund the improvements needed.
• Replacement Contribution #1. Applicant will be required to fund the replacement of
approximately 600 feet of sewer line downstream of this development on First St. and the
alley in Block 61.
• Replacement Contribution #2. Applicant will be required to fund on a proportionate basis
the replacement and/or the rehabilitation of the main sanitary sewer lines in Aspen St.,
Dean St. and near the Post Office.
• Line Extension Request. Where main sanitary sewer lines are required to serve this new
development, a line extension request and collection system agreement are required.
Both are ACSD Board of Director's action items.
Page 3 of 9
April 10, 2003
South Aspen St. PUD
• Glycol. The glycol heating and snowmelt system must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer system. The
glycol storage areas must have approved containment facilities.
• The district will be able to respond with more specific comments and requirements once
detailed building and utility plans are available.
Environmental Health:
• PM10: A PM10 mitigation plan is needed. Based on the PM10 plan, the Environment
Health will determine if the Applicant needs to perform mitigation. The mitigation plan
needs to include traffic counts. Credit will be given to the Applicant for helping reduce
PM10 by paving streets.
Engineering:
• Juan St. Width: Juan St. must be 27 feet wide from the outside edges of curbs. This
width is the sum of 22' of asphalt pavement and 2.5 feet of curb/gutter on each side
(22'+2.5'+2.5'). Outside of the curb and gutter, a five foot wide landscape buffer is
needed and a 5 foot wide sidewalk.
• Street Parking: The proposed Juan St. width does not allow for street parking.
• Road Cross Section and Profiles: (i) All roads (Juan, Garmisch and Aspen) must be
crowned. No super -elevated curves allowed. (ii) Cross Sections needed for Garmisch
and Juan Streets every 50 feet and/or at curb cuts. (iii) The allowable minimum slope of
Juan Street is 0.75% slope. The high point of Juan St. should be moved farther west to
better divide runoff between Aspen St. and Garmisch St.
• Dean Ave: (i) Developer must inform the City if Dean Ave is a public or private ROW
between Garmisch and S. Aspen Streets. Response: Sunny says it is a public ROW
up to the point that the alley is vacated. (ii) Developer must pave half the width of
Dean Ave. The location and width will be determined by City Engineering. Response:
The Aspen St. end of Dean Ave is vacated so Dean Avenue can not be constructed
between Garmisch and S. Aspen St. (iii) The Developer must provide existing
topography on Dean St. to demonstrate the fate existing parking on Dean Street near
Garmsich.
Mud Flow: The development is in a potential mudflow zone. The developer must provide
the City with a report addressing how the development will accommodate mudflow. The
report should address mudflow containment, re-routing, diversion, and channeling.
Specifically, the buildings should not be placed perpendicular to mudflows, low building
openings should be protected, and the development should not cause mudflow diversion
onto adjacent properties such that damage to adjacent properties is increased.
Grading and Drainage: (i) No dry wells will be allowed except for those serving foundation
drains or drains at the entrance of underground garages. (ii) Extend Storm Sewers: The
existing City storm water sewers will have to be extended up Aspen St and Garmisch St
as far as Dean Ave. (The current storm sewers on both Aspen St. and Garmisch St.
terminate at Durant St., one-half block to the north.) (iii) Catch basin manholes are
needed on the uphill and downhill sides of Dean Ave where Dean Ave meets Aspen St
and Garmsich St. In addition, a storm drains are needed on the east side of Dean
St./Aspen St. intersection and on the west side of the Dean/Garmsich intersection.
(iv)Storm Water Routing: The grading and drainage should be designed such that half the
storm water will go towards the Aspen St. storm sewer and the other half will go towards
to Garmisch St. (v) Storm Water Management Fee: At the time of building permit, the
develop will have to contribute to the construction of storm water quality management
Page 4 of 9
April 10, 2003
South Aspen St. PUD
ponds to be constructed along the Rio Grand River. (vi) Garage Piping: How does the
utility piping go through the parking garage? (vii) Parking Garage Elevations: Provide
spot elevations inside the parking garage. How do the parking garage floor elevations
compare to the first floor and surface elevations? (viii) Contours: Match all proposed
contours to existing contours.
• Construction Management Plan A construction management plan needs to address (a)
project phasing, (b) Traffic Control Measures, (c) Delivery and Haul Routes, and (d)
Calculation of Street Impact Fees [Fee calculated as the cost to place a two inch overlay
over half of Garmisch and S. Aspen St. from Juan St. to Main St.)
• Storm Water Management Plan: Since the site is over one acre, the State requires an
application for a Storm Water Management permit. (Mainly the permit looks at erosion
during construction.)
Building Department:
CRS Revision: The CRS pertaining to accessability is being revised. A scoring process
is being implemented that often provides more flexibility in meeting the Code
requirements.
Efficient Building: All of the buildings, except perha ps one, will be scored to determine if
the structure is designed and constructed in an environmentally friendly manner.
AH Accessability: The ground floor AH units may not be truly accessible because of
steps.
Water Department:
• Soil Nails: No soil nails will be allowed under the ROW or close to any water lines.
• New Water Line on Garmisch and Juan Sts. The installation of the new 8 inch water line
on Garmisch and Juan Streets will required the abandonment of the existing 6 inch water
line and reconnection of all services to the new water line (i.e services for the Juan St
Housing and the Barbee property).
Housing Department:
ISSUES:
The applicant is proposing to construct 14 free market residential units and 17 deed restricted, affordable
housing units on three adjacent parcels located at the end of South Aspen Street in the City of Aspen. In
total, the applicant is requesting approval for a subdivision, rezoning, PUD, special review (for off-street
parking for the affordable housing units), vacation of a public alley, two Growth Management Quota System
(GMQS) exemptions, and vested property rights.
The proposal will consist of 10 three -bedroom free market units, and 4 two -bedroom free market units for a
total of 38 bedrooms. Additionally the proposal will include 13 three -bedroom deed restricted employee
units and 4 one -bedroom deed restricted employee units for a total of 43 bedrooms. Both above and below
grade off-street parking will be provided, in the proportion of one space for every one -bedroom unit and two
spaces for every multi -bedroom unit, for both the free market and the deed restricted units according to the
minimum requirements of the City Land Use Code.
BACKGROUND:
Aspen Enterprises International Holdings, Ltd. is the owner of the properties. The original owner, Savanah
Limited Partnership, submitted the Conceptual PUD plan in April 2001. The City Council granted conditional
approval of the PUD that year. The City Council extended the submission deadline for the Final PUD
Development Plan application beyond one year after conceptual approval until May 2002.
The project consists of the existing 42,549 square foot Barbee parcel which contains as single-family
residence, the 18,000 square foot Parking Lot parcel with a 99 year lease with the Aspen Skiing Company,
and the 40,969 square foot Mine Dump Apartment parcel which contains three separate structures including
Page 5 of 9
April 10, 2003
South Aspen St. PUD
multi -family rentals. Because of the demolition of existing multi -family residential structures on the site, a
housing replacement of resident workers is required.
DISCUSSION:
Proposal:
The existing Mine Dump property has three structures. One is a duplex and is exempt from the replacement
requirements since the Land Use Code defines multi -family housing as three or more attached units. The
other two buildings contain 16 units and a total of 23 bedrooms within 7,722 square feet of livable area.
The applicant is proposing that the project replace 56.5% of the existing resident housing bedrooms which
total 5,848 square feet. The percentage exceeds the 50% replacement requirement of bedroom count and
square footage. All of the affordable employee units are located above grade thereby exceeding the 50%
requirement. A total of 30 parking spaces are proposed to be reserved for the affordable employee housing
units with 13 of those spaces located within an on -site parking garage located beneath the units.
The applicant is proposing that the affordable employee units will be owned by the association of the free
market units, which will be formed for the purpose of managing and maintaining the condominium's common
elements. However, to address the current State Statutes, the applicant is proposing that an undivided 1/10
of one -percent ownership interest in the affordable housing units shall be conveyed to the Aspen/Pitkin
County Housing Authority. The applicant has not indicated if this structure was acceptable to the City
Attorney as required in Condition 19.d. of Resolution No. 20 Series 2001 of Conceptual Approval for this
PUD.
The affordable housing development proposed, to replace the existing resident worker housing on Parcel 3
meets Chapter 26.530.050, Resident Multi -Family Replacement Program, of the City of Aspen Land Use
Code by complying with the following regulations as listed below.
26.530.050 Housing replacement requirements.
A. Minimum replacement requirement. In the event of the demolition of resident multi -family housing,
the owner shall be required to construct replacement housing consisting of no less than fifty (50)
percent of the square footage of net residential area demolished or converted. The replacement
housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are
lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement
housing shall be above natural grade. The replacement housing shall be deed restricted as
affordable housing in accordance with the requirements of section 26.530.060, below.
B. Location of replacement housing. Multi -family replacement units shall be developed on the same
site on which demolition has occurred, unless the owner shall demonstrate that replacement of the
units on -site would be incompatible with adopted neighborhood plans or would be an inappropriate
planning solution due to the site's physical constraints. When either of the above circumstances
result, the owner shall replace the maximum number of units on -site which the City Council
determines that the site can accommodate and may replace the remaining units off -site, within the
Aspen Metropolitan Area. When the owner's housing replacement requirements involves a fraction
of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a
cash -in -lieu shall be computed using the formula set forth at Section 26.620.020.
C. Timing and quality of replacement unit. Repl ement units shall be available for occupancy at the
same time as the new unit or units, regardless of whether the replacement units are built on -site or
off -site, and shall contain fixtures, finish and amenities required by the housing designee's
guidelines. When replacement units are proposed to be built off -site, the owner shall be required to
obtain a development order approving the off -site development prior to or in conjunction with
obtaining a development order approving redevelopment on the site on which demolition is
proposed to take place.
Section 4, Requirements for Affordable Housing Units Under the Multi -Family Housing Replacement
Program, of the Aspen/Pitkin County Affordable Housing Guidelines specify requirements for affordable
housing units for multi -family replacement as listed below.
A. The average price of affordable housing units required under Chapter 26.530 of the City of Aspen
Land Use Code, Multifamily Replacement Program, shall not exceed Category 2 maximum rental or
sales prices as set forth in these Guidelines, and as they are amended from time to time.
Page 6 of 9
April 10, 2003
South Aspen St. PUD
B. All units provided under this Section must meet one or more of the priorities stated above in
Section 1.
These requirements are not subject to any type of variance by Special Review.
No Resident Occupied (RO) units are permitted in the affordable housing component.
The applicant is proposing a total of 31 bedrooms on Parcel 1 with 17 reserved as affordable housing, and a
total of 18 bedrooms on Parcel 2 with 12 reserved as affordable housing. Both Parcels' number of
affordable housing bedrooms translates to sixty percent (60%) of the total number of bedrooms on the two
Parcels as required by Sections 3 and 4 of the Aspen/Pitkin County Affordable Housing Guidelines.
The additional affordable housing units that the applicant proposes beyond the 12 required for replacement
housing is consistent with the amount of affordable housing required under the GMQS. The remaining
number of affordable housing bedrooms meets the sixty percent (60%) of the total number of bedrooms as
required by Sections 3 and 4 of the Aspen/Pitkin County Affordable Housing Guidelines.
Section 3, Requirements for Affordable Housing Units in Residential Subdivisions, of the Aspen/Pitkin
County Affordable Housing Guidelines specify requirements for affordable housing units in residential
subdivisions as listed below.
A. At least 60% of the bedrooms in any residential subdivision approved under the City of Aspen's
growth management regulations shall be in units restricted as affordable housing. The average rent or
sale price of the affordable housing units shall not exceed the Category 2 maximum amounts set forth
in these Guidelines, and as they are amended from time to time.
B. All units provided under this Section must meet one or more of the priorities stated above in Section 1.
C. These requirements are not subject to any type of variance by Special Review.
D. No Resident Occupied (RO) units are permitted in the affordable housing
component.
Affordable Housing Units:
Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County Affordable Housing Guidelines
establishes the following equal priority unit types based on current needs:
For -sale type units whereby the average sales price is no higher than Category 3 and the units
consist of one -bedroom and two -bedroom units, with associated RO units.
Family oriented sales units (Category 3 and 4).
The applicant is proposing that all of the affordable employee units are rentals. This form of mitigation does
not meet the full intent of Section 1. The Aspen/Pitkin County Affordable Housing Guidelines specifies a
priority of for -sale units when developed by the private sector and rental units only when developed by the
public sector. The applicant is proposing a mix of one -bedroom and two -bedroom units. However, the
applicant is proposing that all of the units be restricted at a Category 2 rental rate rather than a mix with an
overall average of Category 2, which is not in keeping with the Housing Board's conditions at Conceptual
review in reference to this Section.
The APCHA Affordable Housing Guidelines establishes the preferred option to obtain credit for providing
deed -restricted affordable housing units under the City's Growth Management Quota System as follows:
• On -Site Housing - affordable housing units located either on the same site as, or attached to, the
proposed development.
• Off -Site Housing — affordable housing units located within the Aspen Metro Area and approved by the
Aspen/Pitkin County Housing Authority.
• Cash -in -Lieu or Land -in -Lieu — payment of an affordable housing dedication fee or a donation of land.
The preference of cash or land shall be determined on a case -by -case basis.
The applicant is proposing that all of the affordable employee housing will be constructed on -site which
meets the full intent of this Section.
Page 7 of 9
April 10, 2003
South Aspen St. PUD
Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that all affordable housing
units meet the size, type, income, and occupancy requirements contained in the Guidelines. Section 2,
Affordable Housing Units Required for Mitigation, of the Aspen/Pitkin County Affordable Housing Guidelines
establishes the following provisions for an applicant to select from for all affordable housing units required as
mitigation for residential or commercial development in order to obtain credit under the Growth Management
Quota System:
• Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined
in the Guidelines.
• Conversion of existing dwelling units to deed restricted units.
• Payment of Land -in -lieu
The applicant is proposing 728 square foot one -bedroom units and 1,280 square foot three -bedroom units.
The size and type of affordable employee units meet the Guideline criteria. The applicant is proposing that
all of the affordable employee housing units meet the deed restrictions as defined in the Aspen/Pitkin County
Affordable Housing Guideline. This provision meets the intent of Section 2 of the Guidelines.
REQUIREMENT:
There are two types of mitigatory requirements for affordable housing which this proposed application is
subject to, including the replacement housing and the free-market residential housing. The applicant is
abiding by the Resident Multi -Family Housing Replacement Program for the replacement of the worker
housing demolished for this project.
In accordance with Section 26.530, Resident Multi -Family Replacement Program, of the City of Aspen Land
Use Regulations, an applicant is required to replace 50% of the net residential area demolished, as well as
replace 50% of the bedrooms that are lost in the demolition. In addition, 50% of the replacement housing
must be above natural grade.
Demolition of the Mine Dump Apartment buildings falls under the Resident Multi -Family Replacement
Program since the dwelling units have housed working residents of the Aspen community, and since the
units are located within a multi -family building. The Mine Dump Apartment contains a total of 16 units with a
total of 23 bedrooms and 7,722 square feet of net livable floor area. The Housing Staff calculates that 12
deed -restricted bedrooms are required to be replaced after the demolition of the Miner's Dump and that
these units must contain a minimum of 3,861 square feet of combined livable area.
The applicant is proposing to provide deed -restricted housing for a total of 43 bedrooms to fulfill the housing
mitigation requirement. A total of 17 deed -restricted units will be provided on -site and will be capped at a
Category 2 for income and occupancy guidelines. The applicant states that construction on the affordable
employee housing property will be required to coincide with construction on the free market units, and that
no Certificates of Occupancy for the free market units will be issued until Certificates of Occupancy have
been issued for the affordable employee units.
Section 26.530.040 of the City of Aspen Land Use Code requires that the applicant execute a housing
replacement agreement which sets forth the terms and conditions by which the replacement housing
will be provided.
RECOMMENDATION:
The Housing Board met on this issue on 15 November 2000 and agreed with the following seven conditions
in reference to the submitted Conceptual PUD Development Plans for the Barbee, Parking Lot, and Mine
Dump Apartment Properties:
1. A variety of categories shall be represented in the affordable housing mix.
The affordable housing units shall meet the minimum size requirements set forth in Part VII, Section 8
of the Affordable Housing Guidelines. The minimum square footage for a Category 2, 1-bedroom unit is
600, while the minimum square footage for a Category 2, 3-bedroom unit is 1,000.
3. If the units are rental, the following conditions shall apply:
Page 8 of 9
April 10, 2003
South Aspen St. PUD
a. The deed restrictions on the 17 affordable housing units shall be in perpetuity to the rental price
terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time
of Final Plan approval of this proposed application.
b. The unit rental prices shall be no greater than allowed under the Affordable Housing Guidelines
that are in affect at the time of Final Plan Approval.
c. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines.
d. The ownership interest in the 17 affordable housing units conveyed to the Aspen/Pitkin County
Housing Authority shall be in their entirety (not 1/10 of one -percent).
However, Savannah Limited Partnership shall maintain control of the operations and finances
of the affordable housing units. The 1/10 of one -percent ownership interest may be allowed if
approved by the City Attorney.
e. The applicant shall ensure that the Mine Dump Apartment residents who are displaced at the time
of Final Plan approval are granted first priority through an internal lottery of both the rental and the
sales units at the time of initial rental and sale of the deed restricted, affordable housing units.
The Aspen City Council's Resolution No. 20 Series 2001 approving a Conceptual Planned Unit
Development for the Barbee Parcel, Parking Lot Parcel, and Mine Dump Apartments Parcel states the
following in reference to affordable housing:
15. A variety of categories shall be represented in the affordable housing mix
16. The affordable housing units shall meet the minimum size requirements set forth in Part VII, Section 8
of the Affordable Housing Guidelines. The minimum square footage for a Category 2, 1-bedroom unit
is 600, while the minimum square footage for a Category 2, 3-bedroom unit is 1,000.
19. If the units are rental, the following conditions shall apply:
a. The deed restriction on the 17 affordable housing units shall be in perpetuity to the rental
price terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines in effect
at the time of Final Plan approval of this proposed application.
b. The unit rental prices shall be no greater than allowed under the Affordable. Housing
Guidelines that are in affect at the time of Final Plat Approval.
c. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines.
d. The ownership interest in the 17 affordable housing units conveyed to the Aspen/Pitkin
County Housing Authority shall be in their entirety (not 1/10 of one -percent). However,
Savanah Limited Partnership shall maintain control of the operations and finances of the
affordable housing units. The 1/10 of one -percent ownership interest may be allowed if
approved by the City attorney.
e. The applicant shall ensure that the Mine Dump Apartment residents who are displaced at
the time of Final Plan approval are granted first priority through an internal lottery of both
the rental and/or sale units at the time of initial rental and sale of the deed restricted,
affordable housing units.
The Housing Authority Board recommends that the Final PUD Development Plan Application be
conditionally approved in accordance with the following conditions:
1. Based upon the Final Plan, the applicant shall mitigate housing for a total of 46 employees in a total
of 43 bedrooms in a total of 17 units as proposed.
2. The applicant shall provide 4 one -bedroom deed -restricted units that exceed the minimum square
footage and 13 three -bedroom units that exceed the minimum square footage, all of which shall be
located on -site for the equivalent of 46 employees as proposed.
3. The applicant shall provide an average of Category 2 units on -site.
4. Prior to Final Plat approval, the applicant shall propose a construction schedule for the deed -
restricted units that will coincide with the issuance of building permits on the free market units.
Page 9 of 9
April 10, 2003
South Aspen St. PUD
5. Prior to the issuance of a Certificate of Occupancy for the free market units, the applicant shall
complete the construction of the deed -restricted dwelling units that are proposed on -site to ensure
that the units are available.
6. The employees to be housed in the deed -restricted units shall meet the qualification criteria
contained within the Aspen/Pitkin County Affordable Housing Guidelines.
7. The applicant shall provide a pricing structure not to exceed the maximum rate for a Category 2
unit.
8. The applicant shall meet the minimum occupancy requirements for the mix of units proposed and
the mix of bedroom units.
9. The applicant shall structure a deed restriction for the units that is agreeable to the City Attorney
and which the Housing Authority determines acceptable. A 1/loth of one -percent interest in the
units, if deemed acceptable by the City Attorney, is agreeable to the Housing Board.
10. The deed restriction shall be filed concurrently with the submission of the application for
condominiumization to the City of Aspen and shall state the following three conditions for the rental
units:
a. The deed restrictions on the affordable housing units shall be in perpetuity to the rental
price terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines in affect at
the time of Final Plan Approval of this application.
b. The unit prices shall be no greater than allowed under the Affordable Housing Guidelines that
are in affect at the time of Final Plan Approval.
c. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines.
11. The applicant shall record a housing replacement agreement which sets forth the terms and
conditions by which the replacement housing will be provided.
12. The applicant shall reserve the first round of rental of the units to the most recent tenants of the
Miner's Dump who meet the Aspen/Pitkin County Housing Authority Guidelines for those units
required by the Resident Multi -Family Housing Replacement Program. These residents shall be
granted a first priority through an internal lottery at the time of initial rental.
13. The applicant shall be permitted to meet with the Housing Staff to arrange the range in Category
units such that the average is a Category 2.
/DRC/SouthAspenStPUD
May 08 03 11:08a Vann Rssociates,LLC (970) 920-9310 p.2
f:
MEMORANDUM
TO: Victori4 Giannola
James Lindt
FROM: Sunny Vann
RE: South Aspen Street Subdivision/PUD AH Category Mix
DATE: April 36, 2003
As we have discussed,; condition number 15 of City Council Resolution No. 20, Series of
2001 requires that a variety of categories be represented in the affordable housing mix for the
South Aspen Street Subdivision/PUD. Various regulatory requirements also mandate that the
average rent or sale price of the units not exceed Category 2. Based on your recommenda-
tions, outlined below i a proposed category mix which I believe meets these two require-
ments.
Approved Unit Mix i
The following affordable housing unit mix was approved in connection with the conceptual
PUD review process,
Parcel I
2 -- 1 Bedroom Units @ 700 Sq. Ft./Unit
5 - 3 Bedroom Units @ 1,294 Sq. Ft. /Unit
Parcel 2 1
i
4 - 3 Bedroom Units @ 1,280 Sq. Ft./Unit
Parcel 3
1 - 1 Bedroom Unit @ 700 Sq. Ft. /Unit
1 - 1 Bedroom Unit @ 728 Sq. Ft. /Unit
4 - 3 Bedroom Units @ 1,280 Sq. Ft./Unit
4ti
Note: All square footages are net livable.
Average Categrery 2 Price Requirement
i
The above unit mix coiitains a total of four, 1-bedroom units and thirteen, 3-bedroom units.
Based on this min - ' x . Y
, �."__." , . n� that all of the units would be rented as opposed to sold, the
weighed average Category 2 price requirement would be calculated as follows.
May 08 03 11:08a Yann Associates,LLC (970) 920-9310 p.3
4
4 - 1 Bedroom Unit @ $815,00/Unit = $3,260.00
13 3 Bedroom Units @ $1,048.00/Unit = $13,624.00
$3,260.00 + $13,624.00 = $16,884.00
$16, 884.00 - 17 Units = $993.18/Unit
Note: Maximum monthly rental rates from January 14, 2003 APCHA guidelines,
Proposed Category Mix
2 - 1 Bedroom Category 1 Units @ $481.00/Unit $ 962.00
2 - 1 Bedroom ,Category 2 Units @ $815.00/Unit 1,630.00
2 - 3 Bedroom ,Category 1 Units @ $662.00/Unit 17324.00
7 - 3 Bedroom Category 2 Units @ $1,048.00/Unit 7,336.00
4 - 3 Bedroom Category 3 Units @ $1,401.00/Unit 5,604.00
a
Total $ 16, 856.00
$16, 856. 00 .* 17 Units = $991. 53/Unit
t $991.53 < $993.18
The above unit/categoq, mix would result in an average rental price per unit of approximate-
ly $991.00 which is essentially the same as the maximum allowed Category 2 price limitation
of approximately $993 �00.
Given that all of the units meet or exceed the minimum Category 2 size requirements, it
should not matter which units are deed restricted to the various rental prices. Consequently,
I would request that we allow the developer to determine the categories to which the units in
each building are deed restricted.
cc: Brooke A. Peterton
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