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HomeMy WebLinkAboutagenda.apz.19950404 . AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING April 4, 1995, Tuesday 4:30 P.M. 2nd Floor Meeting Room ci ty Hall I. COMMENTS Commissioners Planning Staff Public II. NO- MINUTES III. PUBLIC HEARINGS A. Fellman Conditional Use Review for an Accessory Dwelling Unit, Leslie Lamont B. Rothblum Conditional Use Review for an Accessory Dwelling Unit, Leslie Lamont C. Buckhorn Lodge Rezoning and GMQS Exemption for Change in Use, Leslie Lamont D. Aspen Center for Physics/Meadows SPA Amendment, Final SPA, GMQS Exemption & Special Review, Kim Johnson (Tabled on March 21) V. CONTINUED PUBLIC HEARINGS A. Land Use Code Amendments, Kim Johnson (continued from March 21) . ;! I VI. ADJOURN A G E N D A ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING April 4, 1995, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS Commissioners Planning Staff Public II . NO -MINUTES III. PUBLIC HEARINGS A. Fellman Conditional Use Review for an Accessory Dwelling Unit, Leslie Lamont Be Rothblum Conditional Use Review for an Accessory Dwelling Unit, Leslie Lamont C. Buckhorn Lodge Rezoning and GMQS Exemption for Change in Use, Leslie Lamont D. Aspen Center for Physics/Meadows SPA Amendment, Final SPA, GMQS Exemption & Special Review, Kim Johnson (Tabled on March 21) V. CONTINUED PUBLIC HEARINGS A. Land Use Code Amendments, Kim Johnson (continued from March 21) VI. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: April 4, 1995 Joint Metro GMQS Tourist Accommodations - April 18, 4:30 PM, 2nd Floor, City Hall L'Auberge Lodge GMQS Scoring, Text Amendments & Conditional Use Review (LL) Regular Meeting - April 18 Pitkin County Jail Expansion SPA Amendment & GMQS Exemption (ML) Regular Meeting - May 2 Aspen Parks/Golf Maintenance Facility PUD Amendment, Conditional Use Review & GMQS Exemption (KJ) Boogie's GMQS Exemption for Change in Use (KJ) Regular Meeting - May 16 Independence Place SPA Designation & Conceptual SPA Plan (LL) Mocklin Subdivision, Special Review, Rezoning & GMQS Exemption (LL) a.nex V MEMORANDUM / TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director k�/ RE: Fellman Conditional Use Review - Public Hearing DATE: April 4, 1995 SUMMARY: The applicant proposes to construct a below grade accessory dwelling unit within a single family residence. Staff recommends approval of the conditional use for an accessory dwelling unit with conditions. APPLICANT: Thomas Fellman represented by Gibson and Reno LOCATION: 222 North Cleveland Street ZONING: RM/F - REsidential Multi -Family APPLICANT'S REQUEST: To provide an approximately 342 square foot one bedroom, accessory dwelling unit pursuant to Ordinance 1 requirements. REFERRAL COMMENTS: Please find the referral comments from the Housing Office, exhibit A. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 24-7-304 the criteria for a conditional use review are as follows: 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; RESPONSE: The proposed accessory dwelling unit is an attached, below grade unit. The size is 342 square feet but the net liveable must be verified by the Housing Office at the time of building permit application. The net liveable square footage cannot be less than 300 square feet. The unit must comply with the Housing Guidelines and the requirements of Ordinance 1 and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. 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; RESPONSE: Construction of ADUs, off of the alley, in traditional neighborhoods, is encouraged by Ordinance 1. The proposed location of this ADU is within the primary residence. Access to the unit and the amount of on -site parking are easily accommodated off of the alley. The underlying zoning allows multi -family development in this neighborhood. 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; RESPONSE: Although the ADU is below grade, windows are provided in both the living room on the east side and the bedroom on the west side of the home. It is unclear from the submitted plans whether the roof overhang is wide enough to protect, from shedding snow, the stairs that access the ADU. However, access is on the east side of the home and snow build-up may not be as problematic. The applicant shall submit plans to P&Z to verify that shedding snow will not impact either the stairwell on the east side or the light well on the west side. 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; RESPONSE: No new services are required for the ADU. E. The applicant commits tosupply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The dwelling unit must be deed restricted for resident occupancy. If the unit is rented a qualified working resident of Pitkin County shall reside in the unit. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The conditional use is an attempt to comply with Ordinance 1 requirements. RECOMMENDATION: Staff recommends approval of the ADU with the following conditions: 1. Prior to the issuance of any building permits the applicant `J shall: a. verify the net liveable square footage of the ADU; b. upon approval of the deed restriction by the Housing Office, record the deed restriction with the Pitkin County Clerk and Recorder's Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; c . kitchen plans shall be verif ied by the Housing Of f ice to ensure compliance with specifications for kitchens in ADUs; 2. 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. 3. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 4. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 5. Prior to the issuance of a certificate of occupancy the Planning Department shall inspect the unit to determine compliance with the conditions of approval. 6. The applicant shall revise the roof plans to prevent shedding snow from impacting the access stairs to the dwelling unit and the light well off of the bedroom. RECOMMENDED MOTION: "I move to approve the conditional use for 222 North Cleveland Street with the conditions as outlined in the Planning Office memo dated April 4, 1995." ATTACHMENTS: A. Housing Referral Comments B. Plans 3 We TO: FROM: MEMORANDUM -A $Leslie Lamont, Planning Office Cindy Christensen, Housing Office ��►,j <r ..; March 22, 1995 RE: Fellman Conditional Use Review for an Accessory Dwelling Unit Parcel ID No. 2737-182-04-002 The size of the accessory unit falls within the guidelines of the Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The applicant states that the proposed accessory dwelling unit is to consist of approximately 342 square feet of living area, and is to be located on the lower level of a single family residence. The plans show that the accessory dwelling unit will have a private entrance, but there is some concern as to the natural light for this unit as the entrance seems to have the only windows/door and is located off the existing alley, adjacent to the garage. The kitchen must also be built to the following specifications: Kitchen - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. This unit falls within the Code, but is not the best type of accessory dwelling unit. Before the applicant can receive building permit approval, the applicant must provide to the Housing Office a signed and recorded Deed Restriction, which can be obtained from the Housing Of f ice. The Housing Of f ice must have the recorded book and page number prior to building permit approval. \word\referral\fellman.adu 'r 4,4 c- LIP VT 7, o PA E c H. of ."7 V, -1 1 iol 0 0 Ap. uv E-7 `7 11h ATH B EORMI Ile X -T ECT: SCALE: DATE: F E L L M A N RESE DWN BY: DRAWING NO. GIBSON & RENO . ARCHITECTS PROJECT NO. 210 EAST HYMM AVENUE, STE 202 ASPEN. COLORADO 111611 rb TA� 00 oll m PRA N I PA E H'. _1 ♦ ' /� JI CO DtJ 5 7 7 /_ O I. L - A�• i n 013 x j �, -- 14' ,♦ � is i T H 1 O L ;I B E D R 'f ! :! J ;. t , 4. HT w E LL L - lq n�' �:Pu� cs�•��'MvN-� _F.$a L- -- MIA) 30„)4 3o„- - ---- -- - I `n �/ wz�xl/d/l d T 71 I i4. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director RE: Rothblum Conditional Use Review - Public Hearing DATE: April 4, 1995 SUMMARY: The applicant proposes to construct a below grade accessory dwelling unit within a single family residence. Staff recommends approval of the conditional use for an accessory dwelling unit with conditions. APPLICANT: Marcia and Philip Rothblum represented by Lipkin Warner LOCATION: 624 East Hopkins ZONING: Commercial - 1 APPLICANT'S REQUEST: To provide an approximately 300 square foot studio accessory dwelling unit pursuant to Ordinance 1 requirements. REFERRAL COMMENTS: Please find the referral comments from the Housing Office, exhibit A. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 24-7-3b4 the criteria for a conditional use review are as follows: 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; RESPONSE: The proposed accessory dwelling unit is an attached, below grade unit. The size is approximately 300 square feet but the net liveable must be verified by the Housing Office at the time of building permit application. The net liveable square footage cannot be less than 300 square feet. The unit must comply with the Housing Guidelines and the requirements of Ordinance 1 and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. 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; RESPONSE: Construction of ADUs off of the alley are encouraged by Ordinance 1. The proposed location of the ADU is within the primary residence and is accessed off of the alley. Because this parcel once contained an historic structure the proposed single-family home has been reviewed and approved by the HPC. 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; RESPONSE: Although the ADU is below grade, a small protected outdoor patio is provided. The design of the residence indicates a flat roof, therefore shedding snow should not be a problem for the access to the ADU. 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; RESPONSE: No new services are required for the ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The dwelling unit must be deed restricted for resident occupancy. If the unit is rented a qualified working resident of Pitkin County shall reside in the unit. The applicants have stated in pre -application conferences that the unit is intended for a caretaker. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The conditional use is an -attempt to comply with Ordinance 1 requirements and to provide a caretaker unit. RECOMMENDATION: Staff recommends approval of the ADU with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. verify the net liveable square footage of the ADU; 2 ti .b. upon approval of the deed restriction by the Housing Office, record the deed restriction with the Pitkin County Clerk and Recorder's Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; c. kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; 2. 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. 3. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 4. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 5. Prior to the issuance of a certificate of occupancy the Planning Department shall inspect the unit to determine compliance with the conditions of approval. RECOMMENDED MOTION: "I.move to approve the conditional use for" Pp k 624East Hopkins with tllte conditions as outlined in the Planning 1�R Office memo dated April 4, 1995.11 l ATTACHMENTS: �S A. Housing Referral Comments B . Plans 3 3 MAP. 29 '95 09:40AM ASFEN HOUSING OFG W] TO: Leslie Lamont, Planning Office FROM., Cindy Christensen, Housing office DATE: March 29, 1995. R� t ltothbl ► Conditional Vae keview for an Accessory Dwelling unit Parcel ID No. 2737-073-32-004 The Housing Office recommends approval for the requested accessory dwelling unit if the square footage is within the following condition: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor'area and not more than seven hundred (700) square feet & allowable floor area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than sbc (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The applicant states that the proposed accessory dwelling unit i.s at least 300 square feet, but actual floor plans of the unit showing the net liveable needs to be submitted before a building permit can be approved. This unit is proposed to be located within the single family residence. The submitted plans of the accessory dwelling unit show that it is a private unit with a porch in front. The kitchen must also be built to the followixig specifications: Kitchen - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot Wrigerator plus freezer. Again, before the applicant can receive building permit approval, the applicant must provide to the Housing Office actual floor plans, showing the net .liveable calculation of the accessory dwelling unit as defined,by the*Housing Office, and a signed and recorded Deed Restriction, which can be obtained from the Housing OE five. The Housing office must have the recorded book and page number prior to building permit approval. \word\referrnl�rotbblum.sdu ALLEY 1 I I I 1 I I I I I I I f i I i PARKING I I 1 I i tei 1 f I I 1 i I I I 1 I I I (E) 1 . 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Please review the attached application, exhibit A. APPLICANT: Sy and Nora Kelly represented by Alan Richman LOCATION: 730 Cooper Avenue, Lots R and S and 9.27 feet of Lot Q, Block 105, Aspen ZONING: CL - Commercial Lodge APPLICANT'S REQUEST: The applicants request to rezone their parcel from CL to C-1 (Commercial), convert nine lodge rooms to office space, and deed restrict an existing dwelling unit for affordable housing. REFERRAL COMMENTS: Please see attached referral comments, exhibit B. PROCESS: Map amendments are a two step review process with the Commission making recommendations to Council. Special review and Change in Use are a one step review by the Commission. STAFF COMMENTS: I. Background - Currently the Buckhorn Lodge functions as a lodge and commercial/office building. The property is zoned CL which allows, commercial uses in the basement and first floor while the upper floors must be lodge use. An early 1960's zoning map indicates that the property was once C- 1. In 1974, as part of the effort to locate all lodge/tourist housing at the base of the mountain, the property was rezoned to Office and made non -conforming with respect to the lodge rooms. Eventually, the LP zone district was created and many small lodges were rezoned to LP. However, the Buckhorn did not participate in that rezoning effort due to the commercial uses in the basement and first floors which continue the non -conformities on the property. Instead, the owners submitted a rezoning application to rezone the property to CL. The property was zoned CL with the condition that the allowable floor area was 1:1 rather than the typical floor area for the CL which is 2:1. The intent of this restriction was to ensure compatibility with the surrounding zone districts. II. Site Description - The property is approximately 6,927 square feet with an existing structure and parking area. The lower level contains a one bedroom apartment and commercial space that functions as a professional office and a prep -area for a deli. The main level contains commerical/office space and a lobby and small guest area for the lodge. The second floor includes nine lodge units. There are seven parking spaces in front of the building and two spaces on the side. There is a small open space on the corner and three curb cuts that access the site. The surrounding neighborhood is: * the Kraut property to the north, zoned Affordable Housing; * the Bell Mt. Lodge to the west, zoned LP; * the City Market to the south, zoned NC; and * the residential neighborhood to the east, zoned R/MF. In addition, the neighborhood directly to the north, with the exception of the Kraut housing project, is zoned Office. III. Project Description - The applicants do not propose to alter the exterior of the building. The surrounding parking area will be upgraded to provide eight spaces with adequate turning movements. Two of the three curb cuts will be closed and the small open space area on the corner will be enlarged. The one bedroom apartment in the basement will be refurbished and deed restricted. The applicants propose to mitigate the impact of 3 employees with this dwelling unit.* The first floor area that was devoted to the lodge will be converted to commercial net leasable space. The nine lodge rooms on the second floor will all be converted into nine office spaces. 2 OOV APPLICABLE REVIEW CRITERIA I. Map Amendment - The Kelly's propose to rezone their property from CL (Commercial Lodge) to C-1 (Commercial). Pursuant to Section 24-7-1102 the following standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: Currently the property is non -conforming with respect to on -site parking, open space, encroachments onto public property, and the trash/utility area. Although the building is not being replaced, as part of this rezoning the applicants are going to upgrade and attempt to eliminate as many of the non -conformities as possible. The parking will be reconfigured to provide eight legal spaces on site. Converting the lodge rooms to commercial space will reduce the required parking on the site and enable the property to come into conformance with the C-1 zone district. In addition, the applicant is requesting a special review to waive the parking required for the employee unit. The property is non -conforming with respect to open space, 25% is required in the CL and C-1 districts. Currently there is 9% open space. The percentage will be increased, with the parking area reconfiguration, to 18%. Two of the three curb cuts will also be closed with the reconfiguration. The applicant is working with the Engineering Department to secure encroachment licenses for the numerous encroachments into the public right-of-way. The applicant is also requesting a special review for the undersized trash/utility area. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. RESPONSE: The AACP recommends rezoning the area commonly called the "superblock" to neighborhood commercial. The Buckhorn has been involved in the planning discussions for the superblock development proposal for the past two years. In those discussions, the Buckhorn Lodge was to be converted to office/commercial with some employee housing. The AACP also recommends a revision to the lodge preservation program. The Planning Office has begun working with small lodge owners to develop some relief valves for small lodges. One idea is to allow the conversion to other uses for some lodges on an annual basis. Although staff has just begun this dialogue, and conversions of small lodges has not been supported in the past, 3 b there may be some lodges and locations that could be appropriately converted. C. Whether the proposed amendment 'is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The surrounding zone districts and the land uses are very mixed. Residential, lodge, and commercial uses surround the Buckhorn. The superblock proposal has included employee housing, lodge or free market condominiums, neighborhood commercial space, and offices. The proposed amendment is compatible with the surrounding uses or the proposed changes that are being discussed within the neighborhood. The conversion and zoning change provide the opportunity for the property to correct several non - conformities. In order to be consistent with the surrounding zone districts the applicants agree to maintain the 1:1 f loor area ratio. The height limit in the C-1 zone district is 40 feet compared to 32 feet in the CL. The applicants also agree to maintain the height limit on the property to 32 feet. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: According to the application, traffic generated from the nine lodge rooms is 37.5 trips a day. The trips anticipated for the converted office space (1,916 sq. ft.) is 39.25. The applicants intend to improve road safety by closing off the curb cut onto Highway 82. However, if the underground garage is developed on this block, the applicants would like to be able to open the curb cut for access -during construction of the garage. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: There is adequate capacity to service this conversion. However, the Fire Marshall has commented that a fire alarm system will need to be installed. A sprinkler system may be necessary especially in the basement. This will be determined before final review at Council. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. 4 VN RESPONSE: The zone change will not adversely affect the natural environment. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: The provision of small, locally serving, commercial space is a recommended goal of the AACP. The first floor of the Buckhorn has provided needed office and commerical space for local serving businesses. Although small, affordable,'lodge rooms are rare in this community, small office spaces are also in short supply. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: It has become increasingly complex for small lodge operators to remain viable. Unless a lodge can offer a large variety of guest amenities it is difficult to attract guests and charge the rates to pay employees, etc. According to the application, the Buckhorn Lodge rooms are 195 to 215 square feet and are too small for many visitors needs. The location of the lodge is also problematic as the corner of Cooper and Original is very busy. i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The addition of office space on the edge of the commercial core should help the increasing need for office space within the downtown area. II. Change in Use - Pursuant to Section 24-8-105 of the Municipal Code, the Commission may grant a GMQS Exemption for a change in use provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking space will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and.that minimal demand will be placed on the city's public facilities -from the change in use. RESPONSE: a. Housing - The employee generation for the conversion of 9 lodge units plus the small lobby area to office space generates 2.95 5 6 additional employees. The applicants propose to refurbish and deed restrict the existing one bedroom dwelling unit in the basement to mitigate the employee housing requirement. The dwelling unit in the basement is 540 square feet and the applicants propose to convert the unit into a dormitory unit to house three people, two people will share the bedroom and a sleeping alcove will be added off of the living room. Insulation will be installed in the ceiling and the window in the bedroom will be enlarged. The applicant has met with the Housing Office and revised the plans for the dwelling unit, such as adding the sleeping alcove, based upon recommendations from the Housing Office. Planning staff is still concerned about the living conditions of the unit. Although there is a large window well and adequate natural light, when the Bell Mountain Lodge redevelops the large setback will be reduced cutting off a significant amount of light to the Buckhorn. In addition, the deli prep kitchen is directly across the hall from the dwelling unit creating traffic and odor impacts. The building generates alot of traffic and many uses have extended hours which, combined with very small living quarters, does not create a quality housing unit. Staff would recommend the dwelling unit meet the mitigation requirement for two employees and the applicant supplement with cash in -lieu for .95 employees. B. Parking - In the C-1 zone district 1.5 parking spaces/1,000 square feet of net leasable are required. The conversion of lodge to office represents 1,916 square feet requiring 2.8 parking spaces. For nine lodge rooms 6 parking spaces were required. The total parking required for the entire net leasable square footage for the parcel is 7.8 spaces. The applicant is providing 8 parking spaces on -site thereby -complying with the zone district's parking requirement. C. Visual Impact - No exterior changes are proposed with this change in use. D. Minimal Demand on Public Facilities - A fire alarm system will be required. III. Special Review - The applicants are requesting special review for the size of the trash/utility area and for the parking requirement for the affordable dwelling unit. A. Parking - Parking for affordable housing is established by special review. The applicants request to waive the parking requirement for an on -site parking space for the one -bedroom dwelling. The proximity to transit service, the downtown core, and jobs reduce the dependence on the automobile. N. L B. Trash/Utility Area - In the C-1 zone district, the minimum sized service area for up to 6,000 square feet of net leasable is: 20 feet in length, measured parallel to the alley, vertical clearance of 19 feet and depth of 10 feet. Currently, the Buckhorn trash service is in the alley. As part of this application the service must be moved onto the property. The relocated trash area measures approximately 131X171. BFI and the applicant's engineer have indicated that this space is adequate to service the needs of the building. Therefore the applicant requests a reduction in the required service area via special review. 1. There is a demonstration that given the nature ' of the potential uses of the building and its total square footage, the utility/trash service area proposed to be provided will be adequate. RESPONSE: BFI has indicated that the change from lodge to office will reduce the service requirements. Currently, a six yard dumpster is picked up 2 to 3 times per week. BFI has indicated that a 2 yard dumpster with pick up 5 times a week will be sufficient for the uses in the building. The trash/utility space identified on the site plan is adequate for a 2 yard dumpster and is enough room for an additional dumpster if necessary. Staff recommends that room for recycle containers also be provided. 2. Access to the trash/utility area is adequate. RESPONSE: BFI has indicated that access would be sufficient if the parking spaces were eliminated. The applicants propose to eliminate the parking space. It is not one of the eight required on -site spaces as proposed in the site plan. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. RESPONSE: The location of the trash bins will be under a roof overhang. The applicants do not plan to enclose the bins stating that to construct .an enclosure is inappropriate because no redevelopment is occurring on the site. Staff disagrees. The new location for the trash bins are on Original Street (Hgh. 82) . This building is located on the corner of Cooper and Original - one of the primary entrances into Aspen. Although no redevelopment is occurring on the property, the bins must be moved out of the public right-of-way, onto the property, and the applicant is requesting special review approval for a reduced service area. Several of the land uses on this site are food oriented and many different uses are located at this corner. To reduce visual pollution on this prominent corner of Aspen staff recommends that the applicant enclose the trash and recycling bins. 7 /t 4. When appropriate, provisions for trash compaction are provided by the proposed development and measure are taken to encourage trash compaction by other development on the block. RESPONSE: This parcel is too small to provide combined trash service for the block. However, when the Bell Mt. Lodge redevelops it may be possible to locate a compactor at half -block. 5. The area for utility placement and maintenance is adequate and safe for the placement of utilities. RESPONSE: The existing utility area is along the alley at the rear of the building. No change to these utilities is proposed at this time. The Engineering Department recommends that any new utility needs must be installed on -site. 6. Adequate provision are incorporated to ensure the construction of the access area. RESPONSE: No additional construction is necessary for the access area. RECOMMENDATION: A. Staff recommends the rezoning of the property from CL (commerical lodge) to C-1 (commercial) with the following conditions: 1. The site plan, as proposed in the application, shall be adhered to including but not limited to the reconfiguration of on -site parking to 8 spaces, the increased size of the open space, sidewalk, curb and gutter improvements. 2. Allowable floor area shall remain at 1:1 and the height limit shall be 32' unless otherwise changed through a planning review process. B. Staff recommends the change in use from nine lodge rooms and guest lobby area to 1,916 square feet of net leasable commercial space with the following conditions: 1. Prior to the issuance of any building permits or certificates of occupancy: a. The applicant shall request an encroachment license for any encroachments into the public right-of-way. b. The applicant shall work with the Engineering Department to upgrade the sidewalk, curb and gutters based upon the approved site plan. 8 U C. Any new surface utilities shall be installed on the property. d. The applicant shall agree to join any improvement district which may be formed for the purpose of construction improvements in the neighborhood public rights -of -way. e. The applicant shall revise the affordable dwelling unit based upon the Housing Office recommendations. However, the applicant shall mitigate for 2 employees on -site and provide for the .95 employees either off -site or cash -in -lieu. f. A fire alarm system shall be installed in the building. 2. Upgrades to the site and reconfiguration of the parking must comply with the storm runoff requirements of Section 24-7- 1004.C4.f. 3. Prior to the issuance of any building permits or a certificates of occupancy for the buildings the applicant shall file the appropriate deed restriction with the Housing Office deeding the basement dwelling unit as affordable housing. 4. Prior to final review by Council the Fire Marshall shall determine whether a sprinkler system should be installed. 5. All work in the alley and public right-of-way shall require a permit from the streets department. 6. During any construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 7. 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. C. Staff recommends approval of the special review to reduce the trash/utility service area to 131X17' with the following conditions: 1. An enclosure shall be constructed for the trash bins and recycling bins. 2. All debris shall be confined to within the enclosure. No debris or containers may be stored outside of the trash enclosure. 9 3. Prior to the issuance of a Certificate of Occupancy staff shall inspect the site to confirm compliance with the conditions. D. Staff recommends approval of the Special Review to waive the parking required for the one bedroom affordable dwelling units. RECOMMENDED MOTION: "I move to recommend to Council the rezoning of the Buckhorn Lodge parcel from commercial lodge to commercial-1." "I move to approve the change in use from nine lodge rooms and guest lobby space to 1,916 square feet of net leasable commercial space with the conditions outlined in Planning Office memo dated April 4, 1995." "I move to approve the Special Review for parking for the affordable dwelling unit and a reduction in the trash/utility service area to 131X17' with the conditions outlined in Planning Office memo dated April 4, 1995." EXHIBITS: A. Application B. Referral Comments C. Revised Affordable Dwelling Unit Plan 10 EXHIBIT B To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department Date: March 23, 1995 a, f- Re: Buckhorn Lodge Rezoning & Change in Use (730 Cooper Avenue; Lots 9.27 Q, R, and S, Block 105, O.A.T.) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Encroachments - An encroachment application has been sent to the applicant's representative 2. Storm Runoff - It should be a condition of approval that redevelopment of the property meet storm runoff requirements of Section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 3. Sidewalk, Curb and Gutter - About 15 feet of curb and gutter on Cooper Avenue should be required to be replaced. There is no sidewalk along the Original Street frontage. As„ discussed in the application, this sidewalk link should be constructed. There should be a five foot buffer for snow storage and to protect the pedestrian area from snow plowed from the streets. 4. Driveways and Access - The current development is non -conforming by having three driveways. The application states that only one driveway will remain after redevelopment. 5. Site Plan - The current development contains a beneficial "pocket park" on the entry corner to Aspen, from the east, which is a benefit to the public. It appears that the area will be preserved, which is recommended. 6. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. 00 7. Improvement Districts - The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the neighborhood public rights -of -way. 8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5088) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso, City Engineer Alan Richman M95.66 MAR 28 '95 09:35AM ASPEN HOUSING OFC P.i MEMMANDUM TO: Leslie Lamont, Planner FROM: Cindy Christensen, Housing DATE: March 26, 1995 RE: Euckhom Lodge Rezoning & Change In Use Parcel ID No. 2737-182-27-004 ISM !E ,B: The applicants are requesting that the property be returned to its former commercial status by designating the property Commercial (C-1), BACKGROUND: As shed in the application, this would allow the eommerciai uses on the first floor too remain and would allow the second floor to be oonverted to offices. To accomplish the desired conversion, the applicants are also requesting a GIVIQS changa in use from ledge to office. The employee mitigation figure calculated by the applicant is agreeable to the Housing Office. Staff feels that the lower numbers used for the calculation are appropriate since the room& that are to be converted to office space are quite small, Therefore, the 2.95 employees generated for this proposal is acceptable. The applicants are proposing to house the 2.95 erployees in an existing apartment in the lower level of the building and converting it into a dormitory unit fbr occupancy by three (3) persons. The unit has 540 square feet of net liveable area, which exceeds the standard of 150 square feet per person stated in the Housing Guidelines. The revised plans show two sleeping areas, a kitchen, living/dining area, and bathroom. RECOMMENDATION; I did a site visit of this unit with Leslie Lamont on Monday, March 20. The unit is direoVy across from the preparation area for Johnny McGuire's and the bedroom is directly under Johnny MoQuire's with no insulation between the telling 'and the floor above. The unit does contain a large window well in the Idtchentliving area, but not much light comes through this window. The bedroom has a small Window which fads the alley but, again, has very little natural light. Gave Tolen and myself met with David Gibson and Alan Richman on March 23, 1895, At that time, some concerns were raised as to mitigating for the 2.05 employees in this area. The modified plans dated March 24, 1895 are acceptable to the Housing Office. If this is approved and before building permit approval, thts unit must be deed restricted as a dormitory - type employee dwelling unit, with the rent to coincide with the Guidelines. The occupants must be qualified employees of Phkin County and qualified through the Housing Office. VehrmlWAkhohmh ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Leslie Lamont, Planning Office From: Chris Chiola, Environmental Health Department L Through: Lee Cassin, Senior Environmental Health Officer Date: March 6, 1995 Re: Buckhorn Lodge Rezoning & Change in Use Parcel ID # 2737-182-27-004 The Aspen/Pitkin Environmental Health Department has reviewed the Buckhorn Lodge land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1 7 -d"i be uniawful for the owner or occupant of any building used for residence or buslnass purposes within the city l o construct or reowwhxt an on -aft sewage disposal device.• The application will not change the provision of wastewater disposal through the central collection lines of the Aspen Consolidated Sanitation District (ACSD). This meets the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle the flow for the project should be determined by the ACSD. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 'All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system.' The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER QUALITY IMPACTS: Section 11-1.3 'For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shah exercise regulatory and supervisory Jurisdiction within the incorporated Nmlts of the City of Aspen and over all steams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted.' . This application is not expected to impact down stream water quality. AIR QUALITY: Sections 11-2.1 'k rs fin purpose d (tin.lr gwlMy section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and educe air pollution throughout the city..' The Lind Los Regulations seek to 'essen congestion' and 'avold transportation demands that cannot be met' as well as to 'provide Kean air by protecting the natural air sheds and educing pollutants'. 1 l 130 South Onions Street Aspen, Colorado 61611 303/920-5070 e•Cycrdpv- This application is not expected to significantly impact air quality. By using standard trip generation rates, the number of trips generated by the proposed commercial space to be added is no greater than the number of trips ' generated by the existing lodge rooms. FIREPLACEM ODSTOVE PERMITS: If fireplaces or woodstoves are planned, the applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. Metropolitan areas of Pitkin County which includes this site may have two *department certified devices and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Barns and agricultural buildings may not install any type of fireplace device. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 -niecitywinamdeand declares that Was is a significant source of environmental pollution e,at ropreseft a present and Increasing throat to the public peace and to the heakh, safety and welfare of the residenta of the Oty d Aspen and It ks visitors. -...Accordingly, R is the policy of council to provide standards for permissible noise low in various areas and manners and at various Urnes and to prohibk noise in excess of those levels' During construction, noise can not exceed maximum permissible sound level standards, and construction cannot occur except between the hours of 7 a.m. and 10 p.m. ...LAND USE:273718227004.BUCKHORN 2 l`D is 11DIA, MM To: Leslie Lamont, Planner CC: From: Ed Van Walraven Date: March 1, 1995 Subject: Buckhorn Lodge Parcel #2737-182-27-004 Leslie, This project shall meet all applicable codes of the Aspen Fire Protection District. This includes but not limited to the installation of an approved fire alarm system and an approved fires rinkler system. If you have any questions please do not of contact me. Ed IV A � 4 SPEW ,b EXHIBIT C OD 00'7', MEMORANDUM TO: Plannin _ ��oning Commission FROM: Johnson, Planner DATE: A i 1 4, 199 5 ___--- _ __v.��_--- Re: Aspen Center for Physics - Final SPA Development Plan and Amendment of the Aspen Meadows SPA, Growth Management Exemption, and Special Review for Parking in the Academic Zone Summary: The Planning Office recommends denial of the proposed Final SPA Development Plan because of the structure's incompatibility with the surrounding neighborhood and the unsatisfactory trail, ditch and building relationship as shown on the site plan. Staff has no objections to the GMQS Exemption for essential public facilities. Special review for parking is supported by staff with two conditions. If the Commission wishes to approve the SPA portion of the project as proposed, recommended conditions have been included by Planning staff . Applicant: Aspen Center for Physics, represented by Brad Ziegel and Harry Teague Location / Zoning: Lot 3 of the Aspen Meadows Subdivision is a 4.1 acre parcel located on the south edge of the "Meadows", having frontage along North Street, Sixth Street and Gillespie Street. The subject parcel has an SPA (Specially Planned Area) overlay and is. zoned A (Academic), as are the Music Associates of Aspen parcel to the east and the Aspen Institute parcel on the north and west. To the south across North Street, an established residential neighborhood exists and is zoned R-6. At the southwest corner of the subject property are four vacant residential lots zoned R-15. Request: The applicant wishes to replace Hilbert Hall with a new building which will provide administrative offices (1,256 s.f.), 28 physicist's offices (7,361 s.f.) and meeting room (2,383 s.f.) . Total FAR would be 11,000 square feet. A 2,494 s.f. basement is also proposed. Please see the attached application booklet for proposed site plan and building details. Process: The Planning Commission shall make a determination on the Special Review for parking in the Academic zone and shall forward a recommendation to Council for the Final SPA Plan and GMQS Exemption for essential public facilities. Background: The 1991 Aspen Meadows SPA Plan approved specific 1 development elements on behalf of the MAA, Aspen Institute and Savanah Limited Partnership. At that time, the Aspen Center for Physics did not propose specific development, but acknowledged within the Meadows Master Plan that they would have to be making changes in the near future. Most of the development associated with the 1991 approvals for the MAA and the Institute has been completed. Except for utility and roadway projects, the development associated with the residential portions of the Aspen Meadows has not been undertaken. Referral Comments: Complete referral memos are attached as Exhibit "A". Summaries are as follows: Engineering: Any increase in storm run-off must be contained on the property. The applicant shall agree to join any future improvement districts which may be formed for construction of right-of- way improvements. The applicant shall consult City Engineering for design considerations of development within public rights -of -way, Parks Department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from City Streets Department. Prior to the issuance of any building permits, the applicant shall sign a curb, gutter, and sidewalk agreement and provide recording fees for the agreement. Any new surface utility needs for pedestals of similar equipment must be installed on an easement on the property, not in the public right-of-way. Trash/recycle areas must be shown on the final development plan. These areas cannot block access to utility meters or equipment. The proposed on -street parking is not recommended, especially i as t would be dedicated for private use. Adding spaces in the existing lot may not be supported by the Aspen Meadows Subdivision review because of added traffic in the neighborhood. There is no mention of bike racks for the 200 bikes used by Physics. The proposed relocated trail results in a lessened trail quality because it is so close to the building. The revised SPA Plan must include a signature block for the Sanitation District approving the sewer relocation. Parking and Transportation: The proposed expanded 20 space parking lot is acceptable in light of the extensive bicycle program. This lot should be paved for dust control. At least one handicap accessible parking space should be provided in this lot. The proposed 6 car parking area in the street right-of-way E 2 conflicts with Implementation Plan traffic. Therefore by this office. the AACP and Aspen Transportation and is disruptive to auto and pedestrian this head -in parking area is not supported Sanitation District: The project will receive credit for the facilities to be demolished. The project representative should contact the District to review abandonment requirements for the Hilbert Hall service lines. Fees for reviews and construction observation must be submitted to insure adequate review time and observation scheduling. Housing Authority: The applicant seeks exemption for housing mitigation because of its non-profit status and limited expansion. The Housing Office does not recommend housing mitigation requirements for this proposal . Parks: The proposed trail and ditch alignments on the west side of the proposed building are not acceptable. There is a conflict with the 8' easement dimension for the trail and the 712" setback of the building to the property line. The ditch needs a separate minimum easement width of three feet. Optimally there should be at least 15 feet between the building and the property line to comfortably accommodate both a trail and ditch. The trail at Sixth Street needs to be extended northeast to Gillespie Avenue for connection to the MAA area. NAC recommends this for pedestrian improvements. Any trees within the construction area must be protected with barricades at the driplines. Any exposed roots must be protected during construction per Parks staff direction. The ditch along North Street is shown flowing through a bermed area. It is unclear if the ditch will be culverted here or otherwise treated to accommodate the berm. The applicant must verify that the proposed pond is acceptable per the District Water Commissioner. The proposed spruce trees in the Gillespie right-of-way are not acceptable because of future sight distance concerns. Deciduous trees are recommended. Historic Preservation Committee: Staff presented this project to HPC who passed a motion that the building design was not compatible with the neighborhood character guidelines because of its 247' length, linearity, and repetition of building elements and windows. It does not mitigate to the maximum extent feasible its impacts on the overall community. Planning Staff Comments: The 1991 Aspen Meadows SPA Plan did not 3 3 address specific development on the Physics parcel. This proposal is considered a substantial SPA amendment. Substantial amendments to an SPA are accomplished by a review of the Planning and Zoning Commission for their recommendation to City Council through the Final SPA process. The 1991 Aspen Meadows SPA review was conducted as an extension of the Aspen Meadows Master Plan. The Master Plan evolved through years of public/private discussions on appropriate development at the Meadows to benefit and retain the non-profit users there. Four Goals were formulated by the City Council and set forth in the Master Plan: 1) Maintain the open space environment and campus setting of the property. 2) Provide a permanent home on the Aspen Meadows for the institutional uses. 3) Mitigate, to the maximum extent feasible, the effects of the development on neighboring properties. 4) Mitigate, to the maximum extent feasible, the pro'ect's impacts on the overall community. Future needs as expressed by the Center for Physics in the Master Plan were described as : a. Maintain circle of serenity buffer zone surrounding physics facilities. b. Hold out possibility for development of NASA or other scientific research facility. C. Preserve campus with minimal change. d. Obtain ownership of land (accomplished in 1991). The design concepts stated by the architect for this site are to keep the building low in height and as far back from the roadway as possible. The proposed heights to the roof ridge vary from 17 to 19 feet. The setback from North Street right-of-way is a minimum of 76 feet. These dimensions work to a degree to limit impacts to the neighborhood. However, the effort to strengthen the "circle of serenity" on the north side of the new structure by creating a 247 foot long wall is detrimental to the street frontage, as reflected by the HPC's motion. Staff believes that the square footage requirements of this building could be broken into smaller modules which could be alternated stacked or otherwise rearranged in a much narrower facade as viewed from North Street. The additional landscaping is commended by HPC and staff, but the net result will still be a very visible, very long 4 u institutional building in an established residential area. The length of this building causes it to be butted up against the west side of the lot in an uncomfortable manner, especially with the proposed trail and ditch squeezed into the same space. The lot adjacent to this portion of the Physics property (Lot 10) is zoned for a single family residence with a minimum side yard setback of zero feet per the Aspen Meadows SPA approval. The proximity of the Physics building to this lot is not warranted given the 4.1 acre size of the Physics site. In addition to the Meadows Master Plan document, the Meadows Final SPA Plan establishes various requirements for the Meadows users. This includes an extensive traffic mitigation plan which was developed to assist development at the Meadows to achieve goals 3 and 4 which were stated above. The Physics group was not included in specifics of the traffic mitigation plan because they were not proposing specific development at that time. But staff believes that it is worthwhile considering traffic reduction elements similar to those employed by other Meadows users when considering the new Physics proposal. Among other elements, the Institute has implemented a van shuttle service for its guests at the lodge, and the MAA works closely with RFTA to provide bus service for the music students and concert attendees. Both non -profits incorporate information stressing auto alternatives into their printed literature for guests and conferees. SPA REVIEW STANDARDS: The following review standards are set forth in Section 24-7-804 B. of the Aspen Municipal Code: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Response: Staff believes that this project does not satisfy the bulk and architectural compatibility requirements for the neighborhood. 2. Whether sufficient public facilities and roads exist to service the proposed development. Response: Public facilities and roads are adequate in the vicinity. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. 5 s Response: No hazards exist for the proposed building. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Response: The trail and ditch proposal is not adequate for the reasons discussed above by Parks and Planning staff. The project provides adequate open space and landscaping provided along the road frontage. S. Whether the proposed development is in compliance with the Aspen Area Community Plan. Response: The Aspen Area Community Plan does not make specific recommendations regarding a project of this type. However, the Plan emphasizes pedestrian access and preservation of trail easements. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Response: No public expenditures are needed for this project other than the City Parks Department's continued maintenance of the main ditch along North Street. The Physics will be responsible for continued maintenance of the other ditches on the property. Parks sees the proposed location of the ditch close to the building as a maintenance problem. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Sec. 7-903 (B) (2) (b) . Response: This standard does not apply. S . Whether there are sufficient GMQS allotments for the proposed development. Response: GMQS exemption is sought for this application. Staff supports the exemption based on previous exemptions granted for other Meadows non -profits. Special Review for Parking in the Academic Zone: Parking in the Academic zone shall be approved by special review, only if the following conditions are met: 1. In zone districts where the off street parking requirements are subject to establishment or reduction by special review, C. L the applicant shall demonstrate that the parking needs of the residents, guests and employees of the project have been met, taking into account potential uses of the parcel, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Response: The Parking and Transportation Department supports the enlarged 20 space parking lot with the condition that it is paved. The Engineering Department is concerned that the lot expansion will draw more traffic into the neighborhood. Planning supports the expansion because it is fairly limited. However, Planning agrees that the lot should be paved. The proposed 6 space gravel area along the Sixth Street right-of-way is not supported by any City staff and should be eliminated. The Center for Physics should be required to develop a traff is mitigation plan to be implemented when the new building is completed. It is conceivable that the plan might involve shared arrangements with the other Meadows non -prof its. The traf f is plan must also address limiting the impacts of construction traffic on the surrounding neighborhood. This plan must be developed and approved by Planning, Engineering and Parking/Transportation prior to the issuance of any demolition/building permits for the project. Problem discussion: The major issues as seen by staff are recapped as follows: 1) The proposed structure is incompatible with the surrounding residential neighborhood because of its length, linearity and repetition of windows and materials. The proximity of the new building to the adjacent single family lot and the future home's zero side yard setback is incompatible. 2) The proposed trail and ditch location along the west side of the building does not provide adequate width for a reasonable trail experience or ditch function/maintenance. 3) The applicant must develop a traffic mitigation plan similar to that implemented by the Institute and MAA. It shall address construction traffic mitigation. 4) The proposed gravel parking area along Sixth Street is not supported by any City staff. Recommendation: The Planning Office recommends denial of the proposed structure as an SPA amendment because it does not satisfy the compatibility issues of the Meadows Master Plan and SPA review criteria. 7 IN Staff recommends approval of the GMQS Exemption for essential public facilities and approval of Special Review for parking in the Academic zone with the following conditions: 1. The six space parking area in the Sixth Street right-of-way shall be eliminated. 2. The 20 space parking area shall be paved prior to the issuance of a Certificate of Occupancy. At least one handicap accessible parking space should be provided in this lot. If the Commission wishes to approve the project as proposed the following conditions are recommended by Planning staff: 3. Any increase in storm run-off must be contained on the property. 4. The applicant shall agree to join any future improvement districts which may be formed for construction of right-of- way improvements. 5. The applicant shall consult City Engineering for design considerations of development within public rights -of -way, Parks Department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from City Streets Department. 6. Prior to the issuance of any building permits, the applicant shall sign a curb, gutter, and sidewalk agreement and provide recording fees for the agreement. 7. Any new surface utility needs for pedestals of similar equipment must be installed on an easement on the property, not in the public right-of-way. 8. Trash/recycle areas must be shown on the final development plan. These areas cannot block access to utility meters or equipment. 9. Bike racks shall be shown on the final development plan. 10. The revised SPA Plan must include a signature block for the Sanitation District approving the sewer relocation. 11. No digging shall occur within the driplines of the existing trees. Barricades must be erected prior to any construction activity on the site. The applicant must work closely with Parks staff during construction to implement tree protection measures. 12. The project representative shall contact the Sanitation 8 F� District to review abandonment requirements for the Hilbert Hall service lines. 13. Fees for Sanitation District reviews and construction observation must be submitted well in advance of building permit issuance to insure adequate review time and observation scheduling. 14. The ditches need a separate minimum easement width of three feet. There shall be at least 15 feet between the building and the property line to comfortably accommodate both a trail and ditch. 15. The trail at Sixth Street needs to be extended northeast to Gillespie Avenue for connection to the MAA area. 16. Any trees within the construction area must be protected with barricades at the driplines. Any exposed roots must be protected during construction per Parks staff direction. 17. The ditch/berm conflict shown in the open space on the south side of the building must be resolved. 18. The applicant must verify that the proposed pond is acceptable per,the District Water Commissioner. 19. The proposed spruce trees in the Gillespie right-of-way must be eliminated or replaced with deciduous species. 20. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 22. The amended SPA Development Plan shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the amended SPA Development Plan within a period of one hundred and eighty (180) days following approval by the City Council shall render the PUD Plan approval invalid and reconsideration and approval of both by the Commission and City Council will be required before their acceptance and recording, unless an extension or waiver is granted by City Council for a showing of good cause. Attachments: Project Application Booklet "A" Complete Referral Comment Memos Vol MAR 01 195 02:56PM HARPY TERGUE P. 2 Genera Ll I of o rm a tion Location: Project Description: Occupancy Construction Type: NEU A­,3_ Colloquium Room 8-2 Offices B-2 Administration Total Basement 100% below grade Mttrcb 1, 1995 600 West Gillespie St. Aspen, 00 81611 Demolition of Hilbert Hall, Replacement building consisting of staff offices, 28 physicists' offices, lecture hall and partial basement Amendment to the Aspen Meadows Special Planned Area (S.P,A.) 1990. Rotor to amendment application submitted January 2791995, A-3 Colloquium Ream: Capacity l= Fixed Seats. B-2 Offices. 28 separate roams with double occupancy. B-2 Staff Offices. Type V Non -rated. Poured ooncrete foundation. Slab on grade. Wood frame walls and roof. In slab radiant heat, air system in lecture hall. Fully sprinklered. 2,383 net SF 7,361 net SF 1.2E6 netSE 11,000 net SF 2,494 net SF Non. -FAR File: ACP 9311.2 V /0 MEMORANDUM TO: Kim Johnson, City Planner FROM: Amy Amidon, Historic Preservation Officer RE: Aspen Physics DATE: March 29, 1995 HPC reviewed the proposal for a new facility at the Aspen Center for Physics on March 8, 1995, as part of their initial involvement in the approval of the Aspen Meadows SPA. Portions of the Meadows campus are recognized as historic resources. Staff did not request a representative of the applicant to attend the meeting as the HPC comments are advisory in this case, therefore no formal presentation was given to the HPC or any explanation of the designer's philosophy beyond what was supplied in written materials. In reviewing the proposed new building and its relationship to the surrounding residential neighborhood, HPC made the following motion: "HPC finds that the replacement (building) for the Aspen Physics Institute does not conform to (the Master Plan Goal) Goal #1, Policy #4, architectural character and it is not compatible with the neighborhood character guidelines and should be looked at in that regard, i.e. length and linearity. Also it does not meet #4, mitigate, to the maximum extent feasible, the project's impacts on the overall community. Where this is only one story in height and is set back from the road, nonetheless it is a 247 ft. plane with a lot of repetition of the building elements and windows." Passed 4-1. HPC also commented that the landscape plan is well done and will provide some buffer to the neighborhood. MAR . 20 ' 95 4 : 15PM _ _ . --T . 1 T ' Kim Johnson, City Planner THRU; Cvmge Robinson, Parks Directm FROM: Rebecca Bakes, Parks Degamnnt DAZE: March 13, 19'9S --- -- R& ftm Ccuter for Physics SPA Amendment, AGM QS ExenTdoct & Spedal-Review We have reviewed the applimlion subtnittx�d by Harry T :ArchiuO$ for the Aspen. CLenter for Physics and of ex the followring +oom�rr�ents and con=)$. ' Posed trail s►lig== and ditch mahpment along the west s� of the property is not aoc�ep The site plan.shows only about five fe8t between the building and the property boundtuy, however, the situ plau shows the trail as an tight foot trail easernentw The tram caset!20 t should bre mainWned at eight feet regardless of whether the actual trail is constructed eight foot wide at this tune. AdditiorWly, the ditch should not encroach upon the tail easement, and nuirr,,a a min mmum of d= feet for the ditch itself, If the ditch were to flood, the greater amount Of would allow more water to puvol into the-- -_ ground and cause less problcrm for the ` 'o 'i'herefore, a n*d=m of 11-12 fiot # am must be maiuta ed between the building and the propUty boundary. Evers this �r o spam is fmginal and a preferred option of is fit is a ourdged. This'however, m 4to a problem of whether to move the building east- w4rd or tc.rcduce the 1 the building (possibly increasing the wrath) to aceomnwdate die trail and ditch. It does not ap + from the site plan, Umt there is t than five feet on the east side of the building, so even tt n itinlwn space is decided upon, the moving of the building may not accomnvdale the s required, If the buildini is relocated it may cause tip loss of the tree on the east side of the building. A tree Itmovai permit would be regtired if this were t+a occur. If the building is not n-x)vcd aW StM designed to maintak the-t=, then *a P70tective barrier should be placed around the dripline of the fto so no digging occurs near the base of the tale. If large- ots are cnoolmet d'Wry- excavating, the roots should be coven and .kept moist until good clear] fill can be, r sratmd the trams}. :,, The ditch that is parallel to North St and win& between the aftmwoods and Crab apples, is shown on the site plan and discussed in the application 4s go' and over the proposed henna. Tit rtay be better to have the ditch go along the outer edge of die if the lu.ans is to otdvert the ditch throw the prop°sn$ through we wows ret.orn=nd usmg a 12 PVC: pipe for ease of n�axntenance. For the Proposed storage pond, the Institute may wish to contact the District Wawr Conmiisdo' = to see if there are amy regula ons with evaporative water loss ern the -new We would like to,mqucst the extension of the trail where it begins on Sixth St, to eon#we the tail into the right -of way along Sixth to Gillespie. The Neighborhood Advisory Conun itwe has Junked at this canner before for nee&g pedestrian improvements. The Final comment on the application is the proposed spruce in the: GiUk�spie Ave. ROW (easteMcomer of the property). Spruce trees arc not acceptab for RC)Ws bm-auuse they out -gnaw their space too quickly. Deciduous trots would be more appi Ypriate for this area, particularly► to aiiow good site distnr for entening eW caciting their paring ate, 0 / C? A a MEMORANDUM TO: Kim Johnson FROM: Randy L. Rea , Director of Transportation & Parking DATE: . March 30, 1995 RE: Referral Comments --Aspen Center for Physics Building Replacement Project 1995: Special Planned Area Amendment Per your request, I have reviewed the above -referenced project application and offer the following comments: 1. I applaud the ACP's commitment to alternative transportation and its tradition of providing bicycles for the use of all participants. I would strongly encourage continuation of that practice. ACP is a model for other organizations in regard to being part of the solution in reducing the impacts of automobile congestion and pollution. 2. Off -Street Parking: Expansion of the off-street parking lot from 14 to 20 spaces is consistent with City efforts to reduce auto impacts on City streets. The proposed landscaping should help buffer the lot from the surrounding area. I would recommend that the lot be upgraded to a paved surface to reduce dust and avoid tracking dirt and mud onto the City street system. While the parking requirement for this project is to be determined by special review, I would note that the 20 off-street spaces is somewhat below the absolute minimum of 27 spaces that would be required for a similar -sized project in an Office zone district. I believe that the 20 spaces are appropriate in light of the convenient availability of bicycles and summer bus service for ACP participants. Finally, I would encourage the ACP to make sure that it is complying with ADA parking requirements in the final design and space designation of the parking lot by creating at least one fully -accessible space. 3. On -Street Parking: The proposed development of six new perpendicular parking spaces in a gravel area within the City ROW along 6th Street is not consistent with provisions of the AACP and the Aspen Transportation Implementation Plan which call for reducing auto storage on neighborhood streets and improving pedestrian friendliness throughout town. Head -in parking spaces are particularly disruptive on the streetscape. While the current West -End Residential Permit Parking Zone ends about three blocks from the project area, the intent of the RPP program is to reduce parking and traffic impacts in residential neighborhoods. The provision of on -street head -in parking does not help to accomplish that goal. I would recommend against creation of the new gravel parking area along 6th Street. Thank you for the opportunity to review this application. Please let me know if I can answer any questions or be of further assistance on this project. !3 MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, Engineering Department P`� Date: February 28, 1995 Re: Aspen Center for Physics SPA Amendment, GMQS Exemption & Special Review (700 West Gillespie, Lot 3, Aspen Meadows Subdivision) Having reviewed the above referenced application, the Engineering Department has the following comments: 1. 'Site Drainage - The building permit plans must provide on site for storm runoff so that no runoff greater than historic amounts leaves the site. 1 2. Sidewalk, Curb and Gutter - The property abuts public rights -of -way on North, Sixth and JJ Gillespie Streets. The Code requires construction of sidewalk, curb and gutter prior to issuance of a certificate of occupancy. For this project and location, the applicant should be required to sign and notarize a sidewalk, curb and gutter improvement agreement, and provide recording fees, prior to issuance of a building permit. The agreement will require the applicant to construct such improvements if and when directed by the City. 3. tilities - The increased number of plumbing fixtures will require that tap fees be paid to the City Water Department and the Aspen Consolidated Sanitation District prior to issuance of a building permit. Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. 4. Trash & Utili , Area - The final development plans must indicate the trash storage area, which may not be in the public right-of-way. All trash storage areas should be indicated as trash and recycle areas. Any trash and recycle areas that include utility meters or other utility equipment must provide that the utility equipment not be blocked by trash and recycle containers. 5. Parldn - The amount of vehicular traffic by users of all lots of the Aspen Meadows i Subdivision was a source of concern during the original approval process and remains a source of concern today for staff and West End residents. It may not be appropriate to approve a parking lot expansion. The suggested, or requested, six angle spaces in the Sixth Street right-of-way are also questionable. The right -of --way width for Sixth Street is generally compatible with parking parallel P P g &I uses, not angle parking. Parking spaces in the public right-of-way have until recently not been able to be restricted to private uses. We suggest that the Parking and Transportation Office' be consulted. Pending their recommendation to the contrary, the Engineering Department recommends against providing for increased parking, both on private property and in the public right-of-way. 6. Bicycles - The application makes reference to "200 bicycles," however no mention is made of providing bike racks for that number of bicycles. 7. Trail Easement - City experience with trail easements is that development should not be permitted too close to a trail. The west end of the proposed replacement building is located too close to the proposed, re -aligned trail easement. The proposed trail easement relocation is a reduction in quality of trail location. The proposed realignment is so close to Gillespie Street as to be shifting from being a trail to being a sidewalk. Sidewalks are pedestrian spaces adjacent to streets. Trails are pedestrian facilities that are removed from association with streets. The trail sidewalk pedestrian area should be constructed prior to issuance of a certificate of occupancy and that it be a minimum of five feet wide with a hard surface usable by wheel chairs and strollers. 8. '$ite Design - In addition to crowding the trail easement, the proposed replacement building presents a significant alteration to the site by proposing development much closer to the streets than is currently the case. Perhaps more subgrade space should be constructed to reduce above grade visual density and impacts. 9. Existing Vegetation - Any existing vegetation that is intended to be preserved should be protected by -construction fencing, at least from the drip line, and so indicated on the building permit application drawings. 10. Sanitary Sewer Easement Relocation - The plat amendment must contain an approval certificate for the Sanitation District to sign for approving the sewer easement relocation. 11. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5088) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso, City Engineer Harry Teague, Harry Teague Architects Thomas Applequist, Aspen Center for Physics M95.61 41� FEB 27 195 04:34PM ASPEN HOUSING OFF: r KIII 1-4 Us- W,71 TO: Kim Johnson, Planning Office MOMS Cindy Christensen, Housing Office DATE: February 27, 1995 RE: Aspen Center for Physics SPA Amendment, OMQS Exemption and special Review Parcel ID No. 2735-121-29-003 The Housing Office comes to the conclusion that the applicant is not required to do mitigation because the Aspen Municipal Land Use Code gives the opportunity to exempt all institute facilities from mitigating for affordable housing impacts. According to Section B -104, C, 1, b, COnstrruction of essential facilities; (� Except for housing, development shall be considered on essential public facility If It serves an essential puble purpose, provides facilities in response to the demands of growth, is not itself a growth gsnerator, is availsWe for use by the general public, and serves the needs of the city. it shall also be taken into consideration whether the develepnient is a not -for -profit venture. 'This exemption shall not be applied to commercial or lodge development (iii) Not withstanding the criteria, as set forth in paragraph (i) and Qi) above, the city council may determine upon application that development associated with a nonprofd entity qualities a,s an essential public facility and may exempt such development from the GW1QS and from some or all such mitigation requirements as it deems appropriate and warranted. The applicant has stated that the Aspen Center for Physics is a not -for -profit venture, and the cu-rent summer enrollment of 90 physicists will be maintained, as in years past, and not exceeded. The applicant will also be providing the potential for the colloquium room to be borrowed by other public institutions for gatherings up to 90 people. �rafcrra��aa�yr,m4t / z ' WsPen Consol o(afeof &nifafion �1•sfricf 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 FAX #(303) 925-2537 -,y Kelly • Chairman Michael Kelly Albert Bishop - Treas. Frank Loushin Louis Popish - Secy. Bruce Matherly, Mgr. t)arch 1. 1995 • Kim Johnson Planning Department 130 S. Galena Aspen, CO 81611 - Re: Aspen Center for Physics SPA amendment Lear Kim: ` The Aspen Center for Physics building complex is served by the District wastewater collection system. This part'of our system is in good condition and I am not aware of any downstream constraints at this time. The District will charge additional total connection charges for the incremental increase in use associated with the improvements proposed. If Hilbert Hall is removed and replaced with a new building the District will allow total connection charges credits, in the amount previously paid. toward our current charges. The applicant should have his representative contact our office to review- our requirements for the abandonment of the service line associated with Hilbert Hall. Service, as usual, is contingent upon compliance with the District's Rules and Regulations -which are on file at the District office. Please call if you have any questions. Sincerely, Bruce Matherl� District Manager 31995 +E'EN IPA EPA Awards of Excellence 1976 • 1986 • 1990 Regional and National T �_ Attachment 8 County of Pitkin } } SS. State of Colorado } I, `" AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 6-205.E. being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 6-205.E. of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of� 199 57- (which is S days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the a day of '"'`A��� , 199� to the y day of 199 y. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. pw%' Signature (Attach photograph here) Si ned before me this �_.J% 1'1 day of C , 19 9,� . by U 4 -' y-2 , ) . WITNESS MY HAND AND OFFICIAL SEAL My ommissio� ffe fires: o t a Public r 1 `��t A qh�q, �. P-4 Y DAV I D GIBSON, AIA AUGUST RENO, AIA SCOTT SMITH, March 20, 1995 AIA This sworn affidavit shall attest that a public notice was posted at 222 N. Cleveland Street for the Fellman Conditional Use GIBSON ,,RENO Review for an Accessory Dwelling Unit on March 20, 1995, by A R C H I T E C T S Steve Buettow. III The sign was in plain sight from the street and was notification 210 E. HYMAN for the Public Planning and Zoning Meeting, Tuesday, April 4, 1995. No 202 ASPEN COLORADO 81611 303.925.5968 FACSIMILE ` 303.925.5993 P.O. BOX 278 117 N. WILLOW NO 2 TELLURIDE COLORADO MY COMMISSION EXIPIRES: 81435 June 24, 1998 303.728.6607 FACSIMILE 303.728.6658 Joseph Wells Joseph Wells, AICP Land Planning and Design April 4, 1995 Mr. Bruce Kerr Chairman Aspen Planning Commission c/o The Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 Mr. John Bennett Mayor, City of Aspen c/o The Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 Dear Mr. Kerr and Mayor Bennett: I represent Charles Marqusee, owner of Lots A through F, Block 7 City and Townsite of Aspen. Mr. Marqusee recently received notice regarding the proposed SPA Amendment request filed by the Aspen Center for Physics. Mr. Marqusee has requested that I forward a letter to you expressing his full support for approval of the Center's proposal. The structure which is now being proposed for replacement was originally placed on the site as a temporary facility in the 1960's. Replacement is long overdue, in Mr. Marqusee's opinion. Mr. Marqusee has reviewed the plans for the new building and feels that the low -scale structure is a suitable addition to the Aspen Meadows academic campus. The new building will create a sheltered area within the Physics Center parcel to enhance the Center's "Circle of Serenity", long a matter of concern to the Center. Mr. Marqusee urges the Planning & Zoning Commission and City Council to grant approval to the proposal Sincerely, Joseph Wells, AICP cc: Charles Marqusee George Stranahan, Aspen Center for Physics JW/su 602 Midland Park Place Aspen, Colorado 81611 Telephone (303) 925-8080 Facsimile (303) 925-8275 624 NORTH STREET ASPEN, CO 81611 April 3, 1995 Mr. William Frazer Building Committee Chairman. Aspen Center for Physics 700 W, Gillespie Street Aspen, CO 81611 Dear Bill, We have enjoyed the Physics Institute as neighbors for over thirty years. Your. participants, programs, and lectures `have- become .an important part of summer in Aspen. Your.buildings have always been. -in scale with the neighborhood and the architecture compatible with the surrounding residential uses. However, we are deeply concerned with the new development plan for your property. -When we met with you-in.December.we had no idea of the size of this structure. As shown on your Conceptual Site Plan, the structure is 247 feet long., virtually from your easterly boundary (6th St.) to your westerly boundary near the residential lots,on.7th Street. In addition, it has a 90-seat auditorium,.which..you indicate may be used by the public and another addition_:for your administration offices.. This will impact parking in the neighborhood as your programs run concurrently with the MAA programs. The SPA-.P.lan approved for -your property provided for a trail beginning.at 7th and North and meandering along the irrigation ditch on your westerly boundary to Gillespie St. extended. "What happens to the trail? Our suggestions are: To break up the mass of the building. To move the building a.long.the westerly boundary of the property to.the north of Hilbert Hall or across the northerly portion of your property. To use the auditorium only for your participants. To mitigate parking needed for your programs. We must also mention the architect -Is statement "the building will have a rusty metal -roof." This, too,. is"out of character with the West End neighbor- hood. We.hope you.will.re-think this possibility. Iney, Ramona Ma ka.1 as George Stranahan Mr. David N. Schramm, Chairman Nr. Thomas Appelquist( President RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION Meeting was called to order by Chairman Bruce Kerr. APRIL 4, 1995 Answering roll call were Steven Buettow, Sara Garton, Roger Hunt, Timothy Mooney, and Jasmine Tygre. Robert Blaich and Marta Chaikovska were excused. COMMISSIONER COMMENTS There were no comments. STAFF COMMENTS Leslie Lamont and the commissioners discussed upcoming meetings. A date for a special meeting of the City Planning & Zoning and the County Planning & Zoning was requested, for a Growth Management Review,a work session, and a meeting regarding Aspen small lodges. Commission members' schedules were unclear for the month of May for the requested meetings, but it was suggested by Chairman Kerr to go ahead and set up a Growth Management Commission Review for the regularly scheduled meeting on May 16th and hope for a quorum. The meeting is to be held early at 4:00 and then move into the regularly scheduled meeting agenda. There were no definite decisions on the other requested meetings. Leslie Lamont: If it is alright with everyone, I would like to move the Buckhorn Lodge first. MOTION Hunt moved to change the order of the agenda and put the Buckhorn Lodge first. Seconded by Garton. All were in favor. Motion carried. PUBLIC COMMENTS There were no comments. WX"r*TTTmM10 There were no minutes. PLANNING & ZONING COMMISSION APRIL 4, 1995 BUCKHORN LODGE REZONING AND GMQS EXEMPTION FOR CHANGE IN USE Chairman Kerr opened the public hearing. Leslie presented an Affidavit; affidavit attached in record. Alan Richman, representing Sy and Nora Kelly, and Dave Gibson, architect on the project, made the presentation. Sy and Nora have owned the Buckhorn Lodge for about 20 years and in that time they have seen quite a few changes. They bought the property back in the sixties, and it was zoned C-1. The property was downzoned in the seventies along with a lot of the other properties in downtown and in residential neighborhoods. It was zoned office at that time which was something that was very contrary to what Sy was looking to do with the property. He has been dealing with the consequences of that action now for about 20 years. It wasn't until the early eighties that Sy was able to begin to do something about the zoning problem; that's when the City initiated the then L-3 rezoning action where about 25 lodges were rezoned, and the Buckhorn was one of the properties in the list. The Kelly's submitted their own application, and got a recommendation from the Planning & Zoning Commission and approval from the Council to zone the property CL. Basically, the property has been operating under that CL zoning for the last decade. We are requesting the C-1 zoning in an effort to create some office uses on the second floor. The staff has recommended approval of that rezoning. (Alan presented many examples of changes being made for the C-1 zoning at the Buckhorn Lodge to the commissioners upon closing). Hunt stated he doesn't have so much of a problem as to what you do with the property, but he has a real problem with the zoning to C- 1, and goes back to how this was zoned Commercial Lodge. Hunt said, I don't recall that being recommended out of P&Z to City Council. Neighborhood Commercial is a much more appropriate zoning for that piece of property. It is not "hop -scotching" zoning; it allows such uses as conditional uses of unrestricted restaurants where right now on site we have more food service facilities which are a neighborhood commercial type of activity, as far as I'm concerned. It also allows things like Pierre-Famille Jewelry Shop, which I don't think is appropriate in the area. I just don't think C-1 uses are appropriate for that site. That's my major problem there, and really, I cans support what you want to do, it's just not with that zoning. So, I'll just throw that out. 2 LANNING & ZONING COMMISSION APRIL 4, 1995 Richman responded: There were a few.problems with the NC zone. The primary one is parking. Parking in that zone district is four spaces per thousand and we are not even close to that. Assuming, as part of the re -zoning, one has to bring an existing situation up to conformity for parking; which has become City policy to do. That would be in the range of 20 to 22 spaces and that's well more than we have land for. That's the primary problem. The other problems, I think, are lesser. What we are trying to do here is create offices. Hunt said offices can be done in NC, also. Richman: Although it's conditional use of NC. Hunt: That's right. Well, I'm just throwing it out, as I say. I cannot support C-1 zoning. I can support what you are doing. Garton asked if sidewalks, Chuck, go along the Kraut property on the east side on Original? Chuck: I believe so. Garton asked if the one-to-one ratio, the 32 ft . height limit, will it go in perpetuity with that building until it's raised? For any changes in that, they'd have to come in. Leslie Lamont: I believe I even stated that in the Condition of Approval that unless otherwise changed for ,a Planning Review process. Garton: And then on the apartment; whoever is in there will have to be approved by the Housing Authority. But will it be Sy and Nora's choice who goes in there? Richmand: Yes. Garton: You know, I don't have a lot of trouble with three people in there, and I know there's problems with it, but the kind of Housing that goes with that kind of a building, it's possible. Garton: I think the kind of people that live there will be working in the offices. It isn't ,the most desirable unit that we try to get, especially an ADU, but with housing within a building like that, I'm so happy to see that, that I could accept that configuration. 3 PLANNING & ZONING COMMISSION APRIL 4, 1995 Leslie Lamont: Well, I think Roger is right, and I think from a Planning perspective with resulting areas of the community, I think it is more appropriately zoned NC, in looking at the uses allowed in the NC zone district and the uses that are currently in the building, because businesses and offices are conditional, we would not be creating any non -conforming uses. Remember, we have amended NC to further define "food store", and we define it as "a take- out food deli". Both Johnny McGuire's and Dominos get that definition. Alan is correct, the biggest problem in the NC, is four parking spaces per thousand square fQet . As part of the bigger planning picture of that whole area, for Independence Place, we early on, flagged that four spaces per thousand square feet as pretty overbearing. It is a disincentive to people. I tend to agree with Roger. Hunt: A non -conforming structure isn't a major deal. Non- conforming use is a lot more major a deal, as far as I'm concerned. Leslie Lamont: If the Commission wants to go this way, we can work something out here. Lamont suggested that the Board table this application so that staff can advertise a conditional use review and a text amendment for the NC zone district, and at the same time come back and do everything at once. That would be the process. Garton: And I think that's desirable, because we really should be reducing parking spaces in that NC district. It is really important for the whole transportation planning, and I would also like to see the NC zone on it. Chairman Kerr: I had another thought of possible approach. Couldn't the zoning stay the same and just change the use in effect on the floor. In effect, commerical. Leslie Lamont: No, because the CL doesn't allow commercial on the second floor, it only allows commercial on the first and basement. Chairman Kerr: Alan and Sy, obviously we would like to proceed based on the proposed proposal here, but have you respond to staff's recommendations and perhaps take home and kind of rework the NC zone district or something along those lines. Richman: Well, obviously I'm concerned about a solution required that we have no control over and that is unacceptable to the City Council, for whatever reason, then we spend a lot of time and money in the process and we die along the war. So, that has me terribly concerned. There are a number of solutions that you could think about, one of which would be simply accept the C-1 zoning, but to PLANNING & ZONING COMMISSION APRIL 4, 1995 limit the uses allowed on this property to something resembling, or in fact, the use list of the C-1 zone district. It's a bit more contrived than your solution which is really giving it some broad community planning questions. Hunt: The question is, can we accept the this proposal with the parking as is, with the circumstances that it is, in effect, a down -zoning from Commercial Lodge to NC. So, do we get a balance of all these issues to where we can accept these eight spaces for this property in being tagged NC? Leslie Lamont: That would be my preference, versus coming up with a contrived use list just for this building. Garton: Are we allowed to waive parking in NC? Leslie Lamont: No. That's why I'm requesting a special review. Tygre was concerned regarding the legality issue and Leslie recommended that the commission table until May 2nd and readvertise for special review for parking. and re -zoning to NC and conditional use review for the offices on the second floor. Leslie Lamont: My recommendation is, approval for the special review for the parking and trash, and approval of the changing use, and I would recommend as far as the re -zoning application goes, that we table to readvertise that we are re -zoning to NC, conditional use for offices in the text amendment for the special review for parking. Chairman Kerr asked if this is just NC or for all commercial use? Leslie Lamont: Just NC. The rest of our commercial zone districts have special review cash -in -lieu. I believe NC is the only one. that does not provide for that option. Chairman Kerr asked.for public comment. PUBLIC COMMENT Yvonne Voiced concern on the zoning, particularly the offices and clarification of NC. Leslie stated she would have a copy of the NC section xeroxed for Yvonne for her use, as well as Conditional Uses. There were no other public comments. Chairman Kerr: My recommendation would be to deal with the 5 PLANNING & ZONING_ COMMISSION APRIL 4, 1995 application all at one time. I do think we need to give some guidance to the applicant as to the employee housing issue, two people that kind of thing. Do we have any comments? Richman: I like this NC re -zoning, and I'm going to change and accept the parking, but I do prefer a different configuration for the employee housing. I think that the option to have two and one, makes privacy, a better quality of life. Two in the existing unit, and one separate in another 215 square foot in one of the upstairs units. Otherwise, I don't see any problems with this, I'm very happy. Mr. Kelly is trying to preserve thds corner and upgrade the uses so that economically it is more sound. Leslie Lamont: I agree with Tim. I think that the use of the upstairs office as a small studio is really the ideal solution; even though it is really small, I think that more people would rather have a little bit of extra privacy, and the location of it, being so close to the offices, and being so close to downtown, makes it much more valuable as a unit, even a small one, than trying to make the applicant pay cash -in -lieu. Hunt: I agree with Tim and Jasmine. I can accept the existing unit as proposed for three people. In other words, if it goes that way, great, but I can even accept the three in the basement unit. Chairman Kerr: I suppose I am somewhere close to Roger on this one. I would prefer two separate employee units, but I can probably live with the dorm situation in preference with the two units. Actually my preference would be for the basement unit, and you can get the Housing Office to buy into the Category 4, cash -in -lieu, that . would actually be my preference. Mooney: I should say then, that basically, I appreciate the housing being divided on site. Chairman Kerr: O.K., do you have a feel for where we are on the housing unit? Richman: I definitely understand the housing situation and as far as the zoning goes. Chairman Kerr closed the public hearing. I PLANNING & ZONING COMMISSION APRIL 4, 1995 MOTION Hunt moved to table this item and all attendant issues for further recommendations to Council to May 2nd, 1995. Vice -Chairperson Tygre seconded. All were in favor. Motion carried. FELLMAN CONDITIONAL USE REVIEW FOR AN ACCESSORY Chairman Kerr opened the public hearing. There was no staff presentation. An Affidavit of Public Notice was presented by Gibson, representing the applicant, as attached in record. Chairman Kerr closed the public hearing. MOTION Hunt: I move to approve the conditional use of the accessory unit, 222 North Cleveland, with the conditions, 1 through 6 as outlined in the Planning memo dated 4 April 1995. Vice -Chairperson Tygre seconded. All were in favor. Motion carried. ROTHBLUM CONDITIONAL USE REVIEW PUBLIC HEARING Kim Johnson, Planner: Made presentation, as attached in record. Chairman Kerr opened the public hearing. r� (i 00to) k'ki� Chairman Kerr: I move to approve the conditional use of approximately 300 to 371 square foot accessory dwelling unit, at 624 East Hopkins with conditions, 1 through 5 as outlined in the Planning Office memo dated 4 April 1995. Garton seconded. All were in favor. Motion carried. Chairman Kerr closed the public comments. 7 PLANNING & ZONING COMMISSION APRIL 4, 1995 MOTION Garton: I make a motion to direct staff not to add any more ADU's to our agenda until we get an update on ADU Survey from the Housing Office. Hunt seconded. All were in favor. Motion carried. ASPEN CENTER FOR PHYSICS Kim Johnson, Planner, made presentation as attached in record. Applicant presenters were Mr. Brad Ziegel and Mr. Harry Teague. Mr. Ziegel explained reasons for needing new building. Mr. Harry Teague, architect for the Physics Center, introduced Mr. Robert Harth, who spoke in support o.f the Aspen Center for Physics. Mr. Gideon Kaufman explained reasons Institute presented the application at this time. The Institute wishes to commense building in the autumn after the summer season. Mr. Teague presented a model of the proposed site and a slide presentation was made of the site. Chairman Kerr presented to the Clerk, for record, a letter f rom Mr. Joseph Wells in full support of the Aspen Center for Physics proposal, representing Mr. Charles Marqusee. PUBLIC COMMENTS: Chairman Kerr opened the Public Comment and said this is probably going to be round one, so if you don't get to say everything you want to say tonight, I'm sure you'll have other opportunities in the future. Jim Markalunas: Questioned landscaping and building site and voiced concerns. Nick DeWolf: Spoke in support of the Physics Center, in regard to its intellectual aura. Ferdinand ( ? ): Spoke of his concern of the Physics Center being within 10 ft. of a single family dwelling. Maggie DeWolf: Spoke in support of the Physics Center. L-01 PLANNING & ZONING COMMISSION APRIL 4, 1995 Ramona Markalunas: Spoke about her concerns and presented a letter supporting her position as attached in record. Chick Collins: Stated his concerns regarding the project. Jim Markalunas: Again spoke of -hi.s concerns regarding the racetracks, ditches, trash problems and traffic problems., He also was concerned about the cottonwood trees in the area. Mac Cunningham gave. a strong supportive presentation for the Physics Center. Chick Collins: Voiced again his concern on the impact to the surrounding area. Chairman Kerr closed Public Comment subject to being reopenedat a later time. Chairman Kerr: I guess my number one recommendation would be to you and Chuck, and whoever you can get together with, and find out about the easements. It appears to me that the location of the structure, is in large part, based upon the locations of those easements. Those things are not operative, they can be moved, it seems to me that it would clear up a lot of problems that we may be encountering. So, that seems to be step number one, for someone to really investigate the easements. Garton: I have some comments about the conditions. First of all, I'm sure it's a cost constraint to stay within one building. Harry Teague: It's primarily, programmatic. We like to bring people together, and I can assure you that the noise is not going to get out of hand. Garton: Did you ever think of designing the building in a boomerang shape? Harry Teague: Yes. What that had the effect of doing, was bringing certain parts of the building closer and interrupting that space. Buettow: Can't you bring the boomerang closer to the other structures? Garton: What if you rotated the west end at an angle, and made a V? 9 PLANNING & ZONING COMMISSION APRIL 4, 1995 Harry Teague: That certainly could happen. What we are doing then, is presenting more building in a place, it seemed to us, was the most visible of all. There's very little vegetation along the top of this hillside, it's elevated compared to the surrounding terrain.The base of the building is actually five feet below North Street in elevation, so we gain the fact that the building is not only 17 feet high, but it's higher than that in some places. Concern was voiced in regarding the 7 foot, 2 inch space/trail increment between the proposed building and Lot 10. Hunt: Well, there's this point about the southern easement. It is crucial, because it looks to me that it is three wings, and you sort of arked this building with say, 30 to 40 degrees, between two of the three wings. You could get that building, more or less, circled in here, with a focus toward the north and relieve a lot of that western setback and also, possibly visually break up the building a little more from the neighbors on the south. Mooney: There are a lot of different opinions here, and some of them focus on consistent things through different meetings. Mooney said the intentions of applicant are grand. But, also, the intentions of the neighborhood are grand. So, I'm not trying to add up square footage or find out where the trees are, I'm looking at what the neighborhood is intending to do with lifestyle of the residents and the lifestyle of the physicists. And, it seems to me that this is stuck. I really think that the neighborhood has some good points. I really think that Harry Teague has presented a great building. I think the applicants have to try and configure this building with as many of the amenities in tact as possible, in a different viewpoint. I do think it is key to analyze these sewage easements, to find out if the building can be moved in tact, or rotated, somehow, so that the neighborhood - their intentions of their lifestyle when they moved in there are enhanced, and the intentions of what the physicists need when they are here, are enhanced. To me, I think the staff has picked a couple of things -the trail and the ditch -it seems like a small point, but it's not going to work. The style of the building, I'm sure it's admirable, but the way it lays across the lot and way it's presented to the street, have impacts. I think if the building was moved or shifted that these impacts could be lessened. So, I think the staff makes a good .point; it's a toss-up. I hope you can analyze it and figure it out so it works better for everybody involved. I do think that there are some things that come out of what we do, that we can't really understand by looking at these drawings, or looking at these, models, and one of them basically is -that we were told there was going to be a rehearsal facility in Harris Hall, and I think it is a concert hall. When 10 PLANNING & ZONING COMMISSION APRIL 4, 1995 are we going to really understand what kind of impacts we are placing on the residents and what kind of limitations we are placing on the non -prof its? We are never going to know until years after we make these decisions, so to analyze it a little bit more, would make me very happy. To see some other options as to how that building can be moved or hinged on that site would make me very happy. Vice -Chairperson Tygre: Tim marked a lot of my concerns, and I've been trying very hard not to look at this with the jaundiced attitude that has been brought about by things like the rehearsal hall, because it is a different element. I think we also have to remember that for all the years that we spent on the SPA, the main concern was to preserve and enhance the ability of the non-profit organizations to continue to function, and there was a realization that they would have to continue and they were going to expand. There were going to be more people, more physicists, there were going to be more musicians, just as there is more everything. We can't really redesign the project. , My main concerns with the project are the access to the perceived open space. I think that is more important than anything else. I think a lower building, perhaps linear, is appropriate in this particular location. Because you are near relatively flat, and I think your building should be horizontally orientated. Now that we've learned how many ways we can pick apart a project, we can really give them a hard time. I really feel this is not fair. They are the ones who originally said, "We're not asking for anything now; we want the right to come in later with our plans for expansion". And now you are paying the price. I really feel bad about that. A letter from Jim and Ramona Markalunas was submitted to Chairman Kerr and passed onto the Clerk for record. It noted their concerns regarding the Physics Center. Chairman Kerr said, this is going to take some work. I don't think there's anybody at this table that's ready to sign off on this project at this point. I think there are some real concerns; concerns that we have and concerns that have been raised by the neighborhood. We are certainly recognizing the attempt that the applicant, and the architect are trying to make this work, but there are still some concerns. I just need some guidance as to how you think we should proceed, whether we want to table to May 18th? Leslie Lamont asked how much time the applicant needs to go back ane work on this? Harry Teague: We do have a schedule, and we would like to have the possibility of building this September, after the summer season is PLANNING & ZONING COMMISSION APRIL 4 1995 over. We would like to keep that open, if possible. There was discussion regarding a set date. The Commission reviewed their schedules and a quorum was reached. Leslie requested applicant get proposal to her by April 12th. MOTION Hunt moved to continue the public hearing and table until a special meeting on April 25th, 1995; seconded by Garton. All were in favor, motion carried. Chairman Kerr continued the meeting. CODE AMENDMENTS Kim Johnson: There are a few remaining Code Amendments. Number one is Definition of Building Envelope. Staff has had difficulty in the past informing people that they have exceeded a Building Envelope, that was either real or imagined. So, we put it in writing, having researched other codes, definitions of Building Envelope, looking at our own allowances and setbacks. MOTION Chairman Kerr: I move to adopt the change of language of 3 -101, for Building Envelope as amended, including heights; seconded by Garton. All were in favor, motion carried. Kim Johnson, Planning: Number 2, within the Subdivision, Purpose - Section, adding a new H, which reads: Provide procedures so that development encourages the preservation of natural and scenic features. Kim Johnson, Planning: Then further on in Subdivision, Subsection C, which is all the review standards for roads and street lights and whatever; a new H. MOTION Hunt moved to recommend to Council the adoption of new language for 7-1001 H, and that language is to provide procedures so that development encourages the preservation of natural and scenic features; and the redesignation of the previous H to I. And for Section 7-1004, Paragraph C, Sub. 4-H, the design and location of any proposed structure, Building Envelope, road, driveway, trail, or similar development is compatible with significant or natural 12 PLANNING & ZONING COMMISSION APRIL 4, 1995 or scenic features of the site. Garton seconded, all were in favor, motion carried. Kim Johnson, Planner: Number 3 has to do with Affordable Housing Units and acquisition thereof. Ms. Johnson recommended no action at this time. No action"was taken. Kim Johnson, Planner: The last is Vested Rights. Discussion commenced regarding Vested Rights. MOTION Chairman Kerr: I move to add to Section 3-101 Definition the Planning Off ice' s site specific development plan as stated in memo; seconded by Garton. All were in favor, motion carried. Meeting was adjourned by Chairman Kerr at 8:45 P.M. Sharon M. Carrillo, Deputy City Clerk 13