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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 21, 1995, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
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1. . COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. PUBLIC HEARINGS
A. Trueman Lot 1 Conditional Use Review, Mary Lackner
B. Code Amendments, Kim Johnson
IV. ADJOURN
A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 21, 1995, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
------- ____________________________________
I . , COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. PUBLIC HEARINGS
A. Trueman Lot 1 Conditional Use Review, Mary Lackner
B. Code Amendments, Kim Johnson
IV. ADJOURN
i • & -l-'i
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: February 21, 1995
overlay Review Committee - February 28
'Regular Meeting - March 7
HPC Code Amendments (AA)
Adoption of Parks, Recreation & Open Space Master Plan (KJ)
Golub Conditional Use Review for ADU (KJ)
Farish Hallam Lake ESA Review (KJ)
West End Traffic Study (KJ)
Regular Meeting - March 21
Aspen Center for Physics/Meadows SPA Amendment, Final SPA, GMQS
Exemption & Special Review (KJ)
Regular Meeting - April 4
Joint Metro GMQS Tourist Accommodations - April 18
Joint Metro GMQS Residential - May 2
Regular Meeting - May 16
Independence Place SPA Designation & Conceptual SPA Plan (LL)
a.nex
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: Trueman Aspen Company/ Pitkin County Bank Conditional
Use Review - Public Hearing
DATE: February 21, 1995
SUMMARY: The Planning Office recommends approval of the Pitkin
County Bank Conditional Use Review for a satellite branch office
within the Neighborhood Commercial zone district.
APPLICANT: Trueman Aspen Company and Pitkin County Bank,
represented by Philip Bloemsma.
LOCATION: Lot 1, Trueman Subdivision. The bank is proposed to be
located where Photo Lab Express is currently located near Clark's
Market.
ZONING: NC - Neighborhood Commercial zone district.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to place a Pitkin County Bank satellite branch office in -
the NC zone district. This would be an operational office with
teller functions and related customer services. This location
would also have a walk-up night depository and an ATM.
Please refer to application information, Exhibit "A".
STAFF COMMENTS: Business and professional offices are conditional
uses in the NC zone district. The City Zoning Enforcement Officer
has provided the applicant an interpretation that this proposed
satellite branch office is classified as a "Business and
professional office" and is therefore subject to conditional use
review. A copy of this letter is attached in Exhibit "B".
The purpose of the NC zone district has been included in this memo
to provide the Commission with some background.
The purpose of the Neighborhood Commercial (NC) zone
district is to allow small convenience retail
establishments as part of a neighborhood, that are
designed and planned to be compatible with the
surrounding neighborhood, to reduce traffic generation,
and mitigate traffic circulation and parking problems,
and. to serve the daily or frequent trade or service needs
of the neighborhood.
The Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
Section 7-304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the zone district in which it is
proposed to be located; and
Response: One of the goals of the AACP is to revise the permitted
and conditional uses of the NC zone district so that only local
serving uses are permitted. The purpose of the NC zone also
emphasizes neighborhood services and the reduction of traffic.
Staff believes the Pitkin County Bank conditional use meets this
standard as a bank generally serves the local community and traffic
trips may be combined to the post office, grocery store and bank
all in one location.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
Response: The bank will be compatible with the uses and character
of the immediate vicinity as the existing businesses in this area
are necessity and convenience oriented.
C. The location., size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash,, service delivery,, noise,,
vibrations and odor on surrounding properties; and
Response: The bank is proposed to accommodate an approximately 800
sq-ft. space. Pitkin County Bank has stated the following in the
application materials:
The satellite branch would be an operational office, and
it would house two to four staff members who would handle
a variety of duties, including new accounts, teller
functions, certificates of deposit, and all related
customer service. The branch would also include a walk
up night depository and a walk up ATM.
From this description of the proposed conditional use, staff does
not believe there will be any adverse impact on surrounding
properties by the proposed bank.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
K
I/
Response:. All public utilities and services are in place at the
site.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The entire Trueman project was required to provide
affordable housing when it was developed. Pitkin County Bank is
seeking to occupy an existing space and will not be developing any
new square footage.
The Housing Office has reviewed this application and has determined
that the proposed conditional use will not result in a need for
additional employee housing. The Housing Office referral comments
are included in Exhibit "C".
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Community Plan and
by all other applicable requirements of this chapter.
Response: This use complies with the Aspen Area Comprehensive Plan
and all other applicable standards.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Pitkin County Bank Conditional Use review for a satellite branch
office to be located in the Trueman Subdivision, subject to the
following condition:
1. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve the Conditional Use for a
satellite branch office of Pitkin County Bank at Lot 1 of the
Trueman Subdivision."
Exhibits:
"A" - Application Information
"B" - Interpretation by Zoning Enforcement Officer
"C" - Housing Office referral comments
3
Exhibit A
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
January 18, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, CO 8161
Re: Pitkin County Bank Conditional Use
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office in order to seek an
approval of a conditional use in the Neighborhood Commercial
zone district (sec. 5-212). The conditional use we are
seeking is "Business and Office Professional". Trueman
Aspen Company is requesting to use this permit for a banking
facility. Following are the attachments and information
needed to begin the permit process:
1. The street address of the proposed site, located at
lot #11 is:
North Mill Station
300 Puppy Smith
Aspen, CO 81611
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 931tax
notice
b. A floor plan of the building indicating the
proposed space (#211A) and a vicinity map
locating the property
c. A description of the proposed use from Pitkin
County Bank
d. an explanation of how the use complies with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
S
PhjAip Bloemsma, Agent and Property Manager
X
Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81612
January 18, 1995
City of Aspen
Planning and Zoning Office
130 S. Galena St.
Aspen, CO 81611
Re: Pitkin County Bank compliance with P&Z review standards
Dear Commission Members:
The conditional use proposed by Trueman Aspen Company is
consistent with all standards and objectives of the Aspen
Area Comprehensive Plan. We are proposing a conditional use
of "Business and Office Professional" for the use of a
banking facility. The bank will be a convenience to the
local community. It will enhance the objective of the zone
district by serving the needs of the local that requires
convenience and ease with daily errands.
The conditional use is consistent and compatible with the
character of the immediate vicinity and enhances the mixture
of existing uses.
The impact will be minimal. The banking facility will be
operated by 2 to 4 employees. The Trueman building has
mitigated its employee housing quota with 17 on site
employee housing units. The shopping center has 110 parking
spaces which is more than adequate to handle the proposed
use. There will be virtually no visual impacts and the bank
will require no additional services in order to operate.
With this in mind, Trueman Aspen Company feels that the
proposed use is appropriate for the neighborhood zone
district. Thank you for your consideration.
Sin re
, a
P lip B emsma, Agent
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January 18, 1995
City of Aspen
Planning and Zoning Commission Members
Dear Members:
This letter is to express Pitkin County Bank's desire to locate a satellite branch at the
Truman Aspen complex at 300 Puppy Smith Street, Aspen, Colorado. The bank would
lease approximately an 800 sq. ft. space located in the complex next to Aspen Wine &
Spirit.
The satellite branch would be an operational office, and it would house two to four staff
members who would handle a variety of duties, including new accounts, teller functions,
certificates of deposit and all related customer service. The branch would also include a
walk up night depository and a walk up ATM.
Please review the attached diagrams for dimensions and an approximate layout of the
space.
Thank you,
Sheila Babbie
Assistant Vice President
534 E. HYMAN AVE. • POST OFFICE BOX 3677 • ASPEN, COLORADO 81612 • PHONE 303/925-6700
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January 4, 1995
ASPEN • PITKIN
PLANNING & ZONING DEPARTMENT
Philip . Bloemsma
Trueman Aspen Company
P.O. Box 5081
Aspen, CO • 81612
Dear Mr. Bloemsma:
I am -responding to your letter to Stan Clauson dated December 28,
1994. I consider a banking facility to be a business office under
the definition of "Office" as stated in Section 3 -101 of the Land
'Use Regulations of the Aspen Municipal Code.
Business and professional offices are classified as a conditional
use in the Neighborhood Commercial (N/.C) zone district "in which the
Trueman Neighborhood Shopping Center is located (Section 5-
212 (C) (7) of the Aspen Land Use Code]. Therefore, a Conditional
Use Review.is•required to allow a business office. P-lease contact
Kim Johnson or Mary Lackner, City Planners, at 920-5090 to schedule
a•pre-application conference. Conditional Use applications are
approved by the Planning Commission and take approximately 5-6
weeks to process,.
Please contact- me -if, you have any further questions at 9'20-5104 . •
Sincerely,- ,
Bill Drueding
Aspen Zoning -officer
cc: Stan Clauson, City Community Development Director
130 SOUTH GALENA STREET ASPEN, COLORADO 81611 • PHONE 303.920.5090 FAx 303.920.5197
Pmwd on lav,w P'In
Exhibit C
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: Dave Tolen, Housing Office
DATE: 14 February, 1995
RE: Trueman Lot 1 Conditional Use Review
Parcel ID No. 2737-073-51-001
The applicant is requesting a proposed conditional use for a
banking facility. The banking facility is to be operated by two to
four employees. The applicant states that a previous mitigation of
17 on -site employee housing units will cover this usage.
City Council granted final SPA approval on April 11, 1977 for the
construction of 15,000 square feet for a food store; 10,000 square
feet for service -related commercial uses; 11,208 square feet for
employee housing and 2,000 square feet for basement storage.
Section 7-301 (E) of the Land Use Code requires that the applicant
"commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use."
The proposed conditional use should not result in any additional
employee impact, compared to the permitted uses. The current use of
the space is a retail/service (photo lab). The proposed use as a
business/office professional (bank space with 2 to 4 staff) should
not require additional employee housing.
referral\trueman\mit
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
DATE: February 21, 1995
RE: Round II Staff Initiated Amendments to the Land Use
Regulations (Public Hearing)
SUMMARY: The Planning Office recommends approval of this list of
amendments to the land use regulations. These proposed changes
include simple code clean-up as well as more substantive changes.
Each Commissioner has a code book. It might be helpful for you to
refer to the affected sections for more detailed context.
PROCESS: Code amendments follow a two step review process. The
Planning and Zoning Commission shall consider the amendments at a
public hearing., then forward its recommendations to the City
Council for ordinance adoption (also a public hearing).
STAFF COMMENTS: This review is the second in a series of amendment
reviews proposed by staff to improve the function of the land use
regulations. This memo is formatted to present and discuss each
proposed amendment individually. The recommended changes are:
1) Vested rights - In order to have the City' s regulations concur
with State regulations, the following changes are recommended:
Create a.new definition of site specific development plan which is
taken from the State statute 24-68-102:
Site specific development plan means a plan which has been
submitted to the Community Development Department by a
landowner or his representative describing with reasonable
certainty the type and intensity of use for a specific parcel
of property. Such plan may be in the form of, but need not
be limited to, a planned unit development (PUD), subdivision,
specially planned area (SPA), conditional use, special review,
environmentally sensitive area review, historic development
review, or growth management exemption.
Deletion of subsection (F) from Section 6-207 Vested Property
Rights. The eighteen month period referenced in this section is
meaningless in comparison with the state statutes. What the
deletion does to development approvals is either require a
developer to act upon his/her approvals in a timely manner to
eliminate risk of code changes or seek vested rights for three
01
years through the public hearing process already established in the
City's land use regulations. The following is the proposed
language to be eliminated:
F. Nen-vested develepment. Any develepment site
develepment plan appreval whieh dees net establish
a veSted preperty right ner ebta'in a beilding permit shall
have its a -- 1 expi e eighteen (18) faenths subsequent te
the wefa. Bi speelfie elevelepment plan appreval.
2) Stream Margin Over the past several years the P&Z has
approved many stream margin applications which met the review
criteria but otherwise seemed inappropriate based on the
Commission's sensitivities to the environment. After all, stream
margins are considered "environmentally sensitive areas" (ESAs)
within the land use code. Our concerns have centered around
requiring increased environmental assessment of sites, initiating
mandatory setbacks from the top of the bank, and securing
fisherman's access along our invaluable community river resources.
The last time the City's ESA code was amended was in 1990 with the
creation of the Hallam Lake Bluff Environmentally Sensitive Area.
This ESA overlay was intended to place reasonable limits on where
buildings could be placed on properties along the bluff to protect
the sanctity of the ACES nature preserve. What was occurring at
that time was the construction of homes on the edge of the bluff
and even partially onto the slope. Additionally, native trees and
hillside vegetation was being stripped to enhance views of Hallam
Lake. Not only were these practices potentially harmful to the
nature preserve, they were beginning to negatively impact
neighboring properties by blocking views as well as removing
substantial vegetation which is valued as a buffer between
properties.
Essentially the same problems are occurring with the stream margin
developments as were happening with the Hallam Lake area. We have
seen several parcels along the Roaring Fork be developed in the
last few years where large homes are built right on the edge of
the river bank. This immediately changes the character of the
riparian vegetation and "greenway'corridor" and may contribute to
the potential of failure of the riverbank itself. Staff proposes
a set of dimensional requirements (setbacks and heights) similar
to the Hallam Lake Bluff ESA because of the river's similarity to
the Bluff's the environmental needs. Staff also believes that the
general benefits to all riverside owners and users will be similar
to those created by the Bluff ESA. The revised stream margin
criteria read:
Section 7-504. No development shall be permitted within the
floodway,, with the exception of bridges or structures for
irrigation, drainage, flood control or water diversion, which
may be permitted by the City Engineer, provided plans and
/I/
specifications are provided demonstrating the structure is
engineered to prevent blockage of drainage channels during
peak flows and the Commission determines the proposed
structure complies, to the extent practical, with all the
standards set forth below.
No development shall be permitted within one hundred feet
(1001), measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, or
within the Special Flood Hazard Area where it extends
beyond one hundred feet (1001) from the high water line
of the Roaring Fork River and its tributary streams,
unless the Commission makes a determination that the
proposed development complies with all the standards set
forth below. Reviews shall only be conducted after
accurate identification of wetlands and riparian zones
has been accomplished by a qualified wildlife/vegetation
consultant.
1. It can be demonstrated that any proposed develop-
ment which is in the Special Flood Hazard Area will
not increase the base flood elevation on the parcel
proposed for development. This shall be
demonstrated by an engineering study prepared by a
professional engineer registered to practice in the
State of Colorado which shows that the base flood
elevation will not be raised, including, but not
limited to, proposing mitigation techniques on or
off -site which compensate for any base flood
elevation increase caused by the development.
2. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan, Parks/Recreation/Open
Space/Trails Plan map, or areas of historic public
use or access are 4s dedicated via a recorded
easement for public use. Dedications are
necessitated by development's increased impacts to
the City's recreation and trail facilities including
public fishing access.
3. The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for
development, to the greatest extent practicable.
4. 'No vegetation is removed or damaged or slope grade
changes ( cut or fill) made outside of a specifically
defined building envelope that preduee eres'
V.�l�' `""�'tati .- of t tr ' A building
�� 1 ill �r 1 1 4 Gd L. Z V l l �����[� �'�'I'� •
envelope shall designated by this review and said
envelope shall be barricaded prior to issuance of
any demolition, excavation or building permits. The
barricades shall remain in place until the issuance
3
of Certificates of Occupancy.
5. Te the greatest extent preset cable, the proposed
development reduees pellutien and interferenee does
not pollute or interfere with the natural changes
of the river, stream or other tributary, including
erosion and/or sedimentation during construction.
Increased on -site drainage shall be accommodated
within the parcel to prevent entry into the river
or onto its banks. Pools or hot tubs cannot be
drained outside of the designated building envelope.
6. Written notice is given to the Colorado Water
Conservation Board prior to any alteration or
relocation of a water course, and a copy of said
notice is submitted to the Federal Emergency
Management Agency.
7. A guarantee is provided in the event a water course
is altered or relocated, that applies to the
developer and his heirs, successors and assigns that
ensures that the flood carrying capacity on the
parcel is not diminished.
8. Copies are provided of all necessary federal and
state permits relating to work within the one
hundred (100) year floodplain.
9. Miscellaneous Requirements:
A. No development other than approved native
vegetation planting, shall take place below the
top of slope or within 15' of the top of slope.
If any development is essential within this
area, it may only be approved by special review
pursuant to Section 7-404 D. of this Article
7.
B. All development outside the 15' setback from
the top of slope shall not exceed a height
delineated by a line drawn at a 45 degree angle
from ground level at the top of slope. Height
shall be measured and determined by the Zoning
Officer utilizing that definition set forth at
Section 3-101 of this Chapter 24.
C. A landscape plan shall be submitted with all
development applications. Such plan shall
limit new plantings (including trees, shrubs,
flowers, and grasses) outside of the designated
building envelope to native riparian
vegetation.
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D. All exterior lighting shall be low and downcast
with no light(s) directed toward the river or
located down the slope.
E. Site sections drawn by a registered architect,
landscape architect, or engineer shall be
submitted showing all existing and proposed
site elements, the top of slope, and pertinent
elevations above sea level.
3) 8040 Greenling revisions - Section 24-7-503 (C) lists eleven
review criteria. Staff wishes to augment criterium number 11 as
follows:
11) Any trail on the parcel designated on the Aspen Area
Community Plan: Parks/Recreation/Open Space/Trails Plan map
is dedicated for public use. Provide access to natural
resources and areas of special interest to the community.
This would allow the Commission to take into consideration unique
natural features or spaces adjacent to properties subject to 8040
review. This might include pathways not officially adopted on the
trail master plan.
4) Eliminate the "technical or engineering considerations"
limitation for insubstantial amendments to SPAs or PUDs -
Sections 7-907 A. (PUD Insubstantial Amendments) and 7-804 E.1.
(SPA Insubstantial Amendments) currently specify that any
insubstantial amendments to PUDs or SPAs must be engineering or
technical considerations. The list of criteria effectively limits
the ability to request amendments. The current language causes
applicants (and staff) to conjure up reasons why something
qualifies as an engineering or technical consideration.
7-907 A. [PUD] Insubstantial amendment. An insubstantial
amendment to an approved development order for a final
development plan may be authorized by the Planning Director.
the app1 preeess. The following shall not be considered
an insubstantial amendment:
a) A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c) Any amendment that substantially increases trip
generation rates of the proposed development, or the
5
demand for public facilities.
d) A reduction by greater than three (3) percent of the
approved open space.
e) A reduction by greater than one (1) percent of the off-
street parking and loading space.
f) A reduction in required pavement widths or right-of-way
for streets and easements.
g) An increase of greater than two (2) percent in the
approved gross leasable floor area of commercial
buildings.
h) An increase by greater than one (1) percent in the
approved residential density of the prepese development.
i) Any change which is inconsistent with a condition or
representation of the project's original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
7-804 E.1. [SPA] An insubstantial amendment to an approved
development order for a final development plan may be
authorized by the Planning Director. An insubstantial
}r- The following shall not be considered an
insubstantial amendment:
(the exact same criteria which apply to PUD amendments are
utilized for SPA amendments)
5) Deferral of Housing Impact Fee - Section 24-5-702 establishes
the calculation for cash -in -lieu payment of the affordable housing
impact fee which was created by Ordinance 1. When Ordinance 1 was
adopted, the Housing Off ice utilized a three tiered system of
"low", "moderate" and "middle" income categories. In 1992 the
system was changed to a four category system, Categories 1 through
4, with Category 1 being the lowest income level. Since the
change, the Housing Office and the Planning staff have been
calculating the payment based on the average of the payment amounts
for Category 2 and Category 3. The proposed text will codify this
calculation based on the current category system: Also, staff has
determined that recent amendment language to the GMQS exemption
section regarding remodels to create a duplex needs to be added to
this section.
Sec. 5-702. Calculation of affordable housing impact fee.
0
The amount of the affordable housing impact fee is based on
the public cost to provide affordable housing as a result of
the activity for which the fee is required. The formula shall
utilize the cash -in -lieu payment established from time to time
by the Aspen/Pitkin County Housing Office for moderate income
employees and the square footage of new floor area constructed
as a result of the demolition of a single family or duplex
dwelling unit or the construction of a new single family or
duplex dwelling unit on a previously vacant lot (the floor
area of a demolished dwelling shall be subtracted from the
floor area of the replacement dwelling unit), or the remodel
or expansion of an existing single family residence into a
duplex dwelling. The formula assumes that for every three
thousand (3,000) square feet of new single family or duplex
floor area that the public will be required to provide housing
for one moderate income employee. The formula to be applied
shall be as follows: cash -in -lieu fee for mode -a the average
of Category 2 and Category 3 income employees in effect at
the time the affordable housing impact fee is due, divided by
three thousand (3,000), and times the new square footage.
There is no real discretion that the housing impact fee is waived
if the owner duly qualifies as a working resident and requests such
a waiver. Staff recommends that the word "may" is replaced with
"shall" as follows:
Sec. 5-703. Deferral of affordable housing impact fee.
If the owner of a single family or duplex unit for which an
affordable housing impact fee is due is a qualified working
resident, as that term is defined herein, the obligation to
pay the impact fee mey shall be deferred, at the owner's
request, until such time as the dwelling unit is sold to a
buyer who is not a qualified working resident. Furthermore,
the amount of the impact fee which is deferred shall be
adjusted at the time of resale in proportion to the change in
value of the subject dwelling unit from the value at the time
the obligation for the impact fee was incurred to the value
on the date of closing. The value at the time that the impact
fee is due shall be determined by the chief building official
on the basis of a current appraisal, a reliable opinion of
value, assessed valuation, or such other method as deemed
appropriate. The value on resale shall be the value of the
total consideration paid by the buyer. In no case shall the
fee be adjusted downward to an amount less than twenty-five
(25) percent, or upward to an amount greater than fifty (50)
percent, of the impact fee which was deferred. The obligation
for the impact fee and the value of the dwelling unit at the
time of the obligation is incurred shall be set forth in a
written document, signed by the owner or owners of the subject
7
1
dwelling unit, and recorded in the records of the Pitkin
County Clerk and Recorder prior to the issuance of &
any building permits for the unit.
6) Landscape Longevity requirement - In response to concerns of the
Planning and Zoning Commission and City Council, staff is proposing
a new Section 5-511 (Supplemental Regulations) for maintenance and
replacement of approved landscaping materials within 45 days of
notification. Currently only section 7-904 "PUD Agreement"
requires implementation and maintenance of landscaping. Because
landscape plans or representations are included in most other types
of reviews, staff believes a city-wide landscape maintenance
requirement is beneficial.
5-511 - Landscape Maintenance
A. Landscaping shown on any approved site development plan
shall be maintained in a healthy manner. In the event that
plant material dies, the owner of the property shall replace
the plant material with equal size and variety within 45 days
of notification by the Zoning Enforcement Officer. if
seasonal or cultural constraints do not allow planting of the
approved plant material within 45 days the owner may in
writing seek permission from the Community Development
Director to:
1) Provide financial assurances equal to 120% of the amount
of the replacement landscaping and installation costs as
approved by the Parks Department, and in a form
satisfactory to the City Attorney. The completion of the
landscape replacement shall be accomplished no late than
June 15 of the next planting season, otherwise the
financial assurances shall be forfeited to the city.
2) Submit for approval a revised landscape plan which meets
the design objectives and plant material sizes and
quantities of the original approved plan. An explanation
of the revised plan shall accompany the submission.
Failure to comply with the replanting requirement will
constitute a violation of this section and may result in
complaint(s) being filed in Municipal Court.
7) Lot Split - Section 7-1003. (A) (2) (b) needs to be amended to
delete the requirement to provide an accessory dwelling unit on
each parcel created by the split. Instead, staff wishes to replace
this with the requirement to comply with Section 8-104 (A) (1) (c)
which sets forth 4 options for affordable housing mitigation as
established by Ordinance 1 of 1990. These options are the
provision of an ADU, payment of cash -in -lieu, or deed restriction
8
of the new residence(s). Staff believes that the flexibility of
options created in 1990 by Ordinance 1 help fund the housing
program and reduces the potential of marginal ADUs that must be
created simply because of the lot split requirement. This change
should read:
b. No more than two (2) lots are created by the lot split,
both lots conform to the requirements of the underlying zone
district. and the applieant eeralts that Any lot for which
development is proposed will eenta ., an aeeessery dwelling
unit.. mitigate for affordable housing pursuant to Section 8-
104 (A) (1) (c) •
Section 7-1003. (A) (2) (d) needs to be amended to clarify that the
plat must meet the technical requirements for plats as contained
in the subdivision regulations:
d. "A subdivision plat which meets the terms of this division,
and conforms to the requirements of this chapter, is submitted
and recorded in the office of the Pitkin County clerk and
recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional
units be built without receipt of applicable approvals
pursuant to this article and growth management allocation
pursuant to Article*8.
Staff also recommends the addition of a new criteria "e" to Section
7-1003 (A)(2) which requires the lot split plat to be recorded
within 180 days of approval.
e. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin County clerk and
recorder. Failure on the part of the applicant to record the
plat within one hundred and eighty (180) days following
approval by the City Council shall render the plat invalid and
reconsideration of the plat by the city council will be
required by for a showing of good cause.
In order eliminate confusion about allowable buildout and building
types resulting from a lot split action, staff recommends a new
subsection (f) which will read:
f. In the case where an existing single family dwelling
occupies a site which is eligible for a lot split, the
dwelling need not be demolished prior to application for a lot
split. Maximum potential buildout for the, two parcels created
by a lot split shall not exceed three units, which may be
composed of a duplex and single family home.
8) Plat requirements for Lot Line Adjustments - In order to provide
consistency with all platting requirements for various subdivision
and subdivision exemption actions, the following changes are
9
proposed. Requiring prompt recordation of plats upon approval
reduces the potential for error as well as staff time necessary to
process the plats.
Section 7-1003 A.l.d. for Lot Line Adjustment requirements shall
read:
d. "The corrected plat will meet the standards of this
division, and conforms to the requirements of this chapter,
including the dimensional requirements of the zone district
in which the lots are located, except in cases of an existing
non -conforming lot, in which the adjustment shall not increase
the nonconformity of the lot. The plat shall be submitted and
recorded in the office of the Pitkin County clerk and
recorder. Failure to record the plat within a period of one
hundred and eighty (180) days following approval shall render
the plat invalid and reconsideration of the plat by the
Planning Director will be required before its acceptance and
recording; and
9) Insubstantial plat amendments - Section 7-1006 A. should allow
the Community Development Director to approve insubstantial plat
amendments where the amendment may occur between adjacent
subdivision plats rather than only within one subdivision. For
example on the rare occasion this might occur, an applicant would
not have to go the Council to change an easement or other
insubstantial element which runs between adjacent subdivisions.
Additionally, the 180 day recording deadline is a recommended
change via a new subsection D. The proposed language reads:
7-1006. Amendment to subdivision development order.
A. Insubstantial amendment. An insubstantial amendment to an
approved plat or between adjacent subdivision plats may be
authorized by the planning direeter Community Development
Director. An insubstantial amendment shall be limited to
technical or engineering considerations first discovered
during actual development which could not reasonably be
anticipated during the approval process, or any other minor
change to a plat which the planning ai__ctcr Community
Development Director finds has no effect on the conditions
and representations limiting the approved plat.
(B and C remain unchanged)
D. Recordation. Amended plats shall be submitted and recorded
in the office of the Pitkin County clerk and recorder.
Failure to record an amended plat within a period of one
hundred and eighty (180) days following approval shall render
the plat invalid and reconsideration of the plat by the city
council or Community Development Director will be required
before its acceptance and recording.
10
10) Condominium filing deadline - In Section 7-1005 E. within the
Subdivision Agreement section, staff wishes to delete the exception
for condominium maps to be recorded within 180 days. Staff
believes all recording deadlines should be consistent with the
code's 180 day subdivision plat recording deadline:
e. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin County clerk and
recorder. Failure on the part of the applicant to record the
plat within one hundred and eighty (180) days following
approval by the City Council shall render the plat invalid and
reconsideration of the plat by the commission and city council
will be required by for a showing of good cause. The en-
11) Administrative approval for small satellite dish antennas-
Staff has considered and discussed with the P&Z an administrative
approval process for satellite dishes of 2.5 feet or less in
diameter. Approval by the Community Development Director would
substantially reduce the process time for small dish approvals.
Staff still believes that dishes larger than 2.5 feet in diameter
should follow the current conditional use public hearing process.
The new regulation can be readily accommodated by creating a new
section within Division 5 Supplement Regulations:
5-512. Satellite Dish Antennas.
Satellite dish antennas larger than 2.5 feet in diameter shall
be reviewed and approved by the Planning and Zoning Commission
as conditional uses pursuant to Division 3. Conditional Uses.
Satellite dish antennas 2.5 feet or less in diameter may be
reviewed and approved without a public hearing by the
Community Development Director in conformance with the
criteria within Sections 7-304 (B) and (C). The Community
Development Director may apply reasonable conditions to the
approval deemed necessary to insure conformance with said
review criteria. If the Community Development Director
determines that the proposed satellite dish antennas does not
comply with the review criteria and denies the application,
or the applicant does not agree to the conditions of approval
determined by the Community Development Director, the
applicant may apply for conditional use review by the Planning
and Zoning Commission.
Procedures established in Article 6 Common Development Review
it
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Procedures shall apply to all satellite dish antennas.
For your reference, the review criteria to be used by the Community
Development Director in Section 7-304 (B) and (C) read:
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complementary uses and activities in the immediate vicinity of the
parcel proposed for development.
C. The location size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
As a result of separating the applicable reviews for satellite
dishes based on size, the individual zone districts' lists of
conditional uses must be amended. of the 24 zone districts in the
city, only three do not currently allow satellite dishes as
conditional uses. These zones are R-15-B Moderate Density
Residential, OS Open Space, and WP Wildlife Preservation. This
will not change with this amendment. For example, the R-6 Medium
Density zone will be amended as follows:
5-201.C. Conditional Uses.
7. Satellite dish antennae over 2.5 feet in diameter
Additionally, because of the new amended language described above,
the definition of "satellite dish antenna or satellite radio
frequency signal reception and/or transmission device" needs to be
amended as follows:
satellite dish antenna or satellite radio frequency signal
reception and/or transmission device means a dish -shaped or
parabolic -shaped reception or transmission device, wh-se
ante..... mere than twe (2) feet: in height andjer Ifelish"
eempenent is mere than twe (2) feet in diameter, which is used
for the reception and/or transmission'of satellite signals,
including but not limited to television signals, AM radio
signals, FM radio signals, telemetry signals, data
communication signals, or any other reception or transmission
signals using free air space as a medium, whether for
commercial or private use, provided: (the rest of the section
remains the same]
12) Sight distance -_ protection at corners - Last fall, staff
brought forth a proposal to insert into the definition of "fence"
a sight -distance requirement for visual obstructions on corner
lots.
This regulation had previously been included elsewhere in the
12
Municipal Code but was deleted a few years ago by the Building
Department. The P&Z voiced considerable opposition to the language
which included trees and shrubs the prohibition. Upon
consideration of the concerns of the Commission, staff has decided
to eliminate the reference to landscaping in the proposed
definition of "fence":
Fence means a structure which serves as a barrier intended,to
prevent escape or intrusion, to mark a boundary, to shield or
screen view, or to serve any similar purpose. Fences shall
be permitted in every zone district provided that no fence
shall exceed six (6) feet above natural grade. Fences visible
from the public right-of-way shall be constructed of wood,
stone, wrought iron or masonry. On corner lots, no fence,.
retaining wall, or similar object shall be erected or
maintained which obstructs the traffic vision, nor on corner
lots shall any fence, retaining wall, or similar obstruction
be erected or maintained which exceeds a height of forty-two
(42) inches, measured from street grade, within 30 feet from
the lot corner. Plans showing proposed construction,
material, location and height shall be presented to the
building inspector before a building permit for a fence is
issued.
13) Housing Replacement requirements:: The Commission directed
staff to include an amendment which gives priority to displaced
tenants of projects being demolished and replaced under
Ordinance 1. Also, this section is being updated to reflect the
four category deed restriction system. The following change to
subsection IV. is proposed:
18-3.3 Housing Replacement Requirements.
(a) minimum replacement requirement .(unchanged)
(b) location of replacement housing (unchanged)
(c) timing and quality of replacement unit (unchanged)
IV. Rental and Resale Restrictions
Replacement units shall be subject to deed restriction in a
form and substance acceptable to the City Council. Such deed
restricted units may only be rented or sold to tenants or
buyers who meet the City's qualifications in effect at the
time of sale or rental, and at sale prices or rental rates
which are also in compliance with the City's current
regulations. The ewner is entAled to se ee t..,,,aits—er
First priority for rental or sale occupancy of replacement
units shall go to the tenants who rent the units at the time
of demolition of said units. Prior to the approval of any
building permits for demolition or reconstruction of units
F]
required by this section, the applicant shall provide a list
of all units and their occupants, and a statement signed by
each occupant which apprises said persons of their priority
to rent or buy replacement units so long as they qualify under
the Housing Guidelines and deed restrictions. The mix of
affordable housing units, as between 'ew, ,,..ea...... te, and middle
income Categories 1 through 4, or resident occupied, may be
determined by the owner, provided that no less than 20% of the
bedrooms qualify as lew ineeme Category 1 and no more than
20% of the units are available as resident occupied units.
14) Domestic Animals Zoning and Planning staff wish to delete
Section 24-506 because it implies that domestic animals are not
allowed in any other zone districts. The Municipal Code already
addresses the maintenance of domestic animals in Article 1, Chapter
5, such that they cannot be a nuisance. The recommended deletion
is as follows:
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15) Definition of "building envelope" There are several instances
where the land use regulations or specific approvals refer to
development within a building envelope. However, there is no
definition in the regulations to provide consistency . in use of this
term. Last fall staff presented the following definition to the
Commission. It was not well received because it "didn't say what
we meant it to say." In an effort to simplify the definition,
staff now proposes the following:
building envelope: that area on a lot which encompasses all
development including but not limited to excavation, f ill,
grading, storage, demolition, structures, porches, patios and
terraces, pools, access ways and parking. Planting of
landscape materials on natural grade and approved walkways and
driveways may occur outside of a building envelope. For
Purposes of site specific development plans, building
envelopes may be established to restrict development to
protect slopes, important vegetation, water courses, privacy
or other considerations. Building envelopes shall be
described on recorded plats, development plans, ordinances,
resolutions, and building permit site plans.
14
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