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HomeMy WebLinkAboutagenda.apz.19940802 """"'~""""""'~'C?'_"<+''''''''''....._",,,,..,,"_,,-.,~,..' .'. F SITB VISIT 4:00 P.K. (meet behind City Hall) KRAIIACHBR ================================================================= AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING August 2, 1994, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Affordable Housing Text Amendment, Leslie Lamont IV. CONTINUED PUBLIC HEARINGS A. 204 E. Durant Text Amendment, Mary Lackner (tabled July 5) B. Creektree SUbdivision/PUD Amendment, Mary Lackner (tabled July 19) V. OLD BUSINESS A. Krabacher GMQS Exemptions and Special Review, Kim Johnson (tabled June 21) VI. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: August 2, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- Regular Meeting - August 16 Text Amendments (KJ/ML) Zoline Rezoning (LL) Regular Meeting - September 6 Special Work Session with City Attorney Regular Meeting - September 20 Independence Place SPA Designation and Conceptual SPA Plan (LL) Aspen Youth Center SPA Amendment (LL) Mountain Chalet Change in Use & GMQS Exemption (KJ) a. nex MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner DATE: August 2, 1994 RE: Text Amendment - Architectural Projections - Public Hearing SUMMARY: The Planning Department is proposing to amend the text of the Land Use Code for the definitions of Yard and Architectural Projection. APPLICANT: City of Aspen BACKGROUND: During the design and review of the Kraut affordable housing proposal, the architects proposed "building eaves" that projected 18" into the required yards which is allowed by the Code. However, the Zoning Department defines the proposed projections as "architectural projections" because they do not serve as a protective function against rain and snow as building eaves are intended to do. Architectural projections are only allowed to extend 12" into required yards. The Kraut development team considered moving the building 6" but because of the below grade parking structure and "key" dimensions of the building that solution became unrealistic. Next, the Kraut development team conferred with the HPC (as recommended by the Planning Director) whether architectural projections could extend up to 18" without creating site design or code problems. HPC agreed with the Kraut developers, and staff, that an additional 6" would not only enhance a building's pedestrian scale and help break up the massing of a building but is also not a significant change to the Code. HPC did caution that the projections should not extend to the ground which would increase a structures site coverage. STAFF COMMENTS: Pursuant to Section 7-1102 the standards of review for an amendment to Chapter 24 are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: Currently building eaves are allowed to extend 18" into required yards. The proposed amendment is not only consistent with that language but would end the definitional debate between building eaves and architectural projections. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan both encourage buildings that are pedestrian friendly in scale. Architectural projections are intended to help achieve a better appearance of the scale of the building. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment would affect all zone districts. d. The effect of the proposed amendment. on traffic generation and road safety. Response: N/A 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: N/A f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed amendment is consistent with the allowed projection of building eaves whose primary function is to protect buildings from rain and snow. The amendment would not affect the natural environment. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: As stated above, the Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan encourage elements of design that create pedestrian friendly buildings. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: N/A 2 V 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 amendment is consistent with established public policy to attempt to clarify the Land Use Code and eliminate discrepancies. PROPOSED AMENDMENT: Section 24-3-101 defines: Architectural projections (as) a non-functional or ornamental feature on a building. Section 24-3-101 defines: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural Projections - Twelve (12) inches; The proposed amendment is as follows: Section 24-3-101 defined as: Architectural projections mean a non-functional or ornamental feature on a building that does not extend to the ground. Section 24-3-101 defined as: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural Projections - , Eighteen (18) inches; RECOMMENDATION: Staff recommends approval of the text amendment to increase architectural projections from 12" to 18" and to amend the definition of the architectural projection to prevent their extension down to the ground. RECOMMENDED MOTION: "I move to recommend to Council the text amendments to the definition of architectural projections and to increase the allowed projection of those features from 12" to 18". 3 Jb MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: 204 E Durant GMQS Exemption, Subdivision, and Text Amendment DATE: August 2, 1994 SUMMARY: The Planning Commission approved the applicant's request for Multi -Family Housing Replacement and Subdivision on July 5, 1994. The Commission tabled the applicant's request for the text amendment for clearer proposed language. Staff and the applicant have discussed various approaches to clarify the code amendment that would permit garage aprons to be used as legal parking spaces in multi -family projects that do not share common parking. A copy of the applicant's revised text amendment request is included as Exhibit "A". Text Amendment (Section 24-7-1101) The applicant is seeking approval of a text amendment that would consider automobile parking spaces on garage aprons to be legal spaces. The City of Aspen permits single family and duplex units to utilize these garage aprons as legal parking spaces ( See Section 24-5-302 C. below). Aprons are a logical place to park a car because they are usually paved and provide easy access to the entrance of a residence. The Code does not permit the use of garage aprons for legal parking spaces for multi -family projects (See Section 24-5-302 A. below). The primary reason this is not permitted for multi -family projects is the potential that residents of different units would block each other. In other words, vehicles belonging to different units would be stacked together. The layout of the 204 E. Durant project would allow this stacking for automobiles from the same unit. This proposed text amendment will only affect multi -family developments. The Commission reviewed a similar request for the Oblock townhomes . After considerable discussion, the Planning Commission tabled the review. The applicant then discontinued the request in order to continue the review process. Adopted Section.5-302 Characteristics of off-street parking spaces and access to street or alley A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (18' ) long and seven feet ( 7' ) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. C. Detached and duplex residential dwelling parking. Off- street parking provided for detached residential dwellings and duplex dwellings are not required to have unobstructed access to a street or alley, but may consist of garage area, or parking strip or apron. The text language proposed by the applicant follows: A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen f eet (18' ) long and seven f eet (7 ' ) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except for those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7, Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Since this code amendment requires that Special Review be granted, the following paragraph will be added to the Special Review provisions of the Regulations. Sec. 7-404 Review standards for Special Review B. Off-street parking requirements. 3. Off-street parking provided for multi- family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long NYA projects. In addition, the Residential Parking Permit program will require residents to park off the street. Should the text amendment not be approved, the applicant would need to provide the required eight parking spaces proposed for the garage aprons elsewhere on -site. Denial of this code amendment would result in a de facto density control. An applicant needs to provide a percentage of open space on a parcel in addition to on - site parking. Should the area under garage aprons not be approved as legal parking space, some projects may be required to scale back the number of bedrooms or units in order to meet the on -site open space and parking requirements of the Code. 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: Staff has identified the potential negative impacts and advantages from the approval of the proposed amendment. Staff believes that the proposed amendment can be approved (with recommended changes) and be in harmony with the purpose and intent of the Aspen Land Use Regulations. STAFF RECOMMENDATION: The Planning Office recommends approval of the applicant's proposed text amendment as follows: Section 5-302 Characteristics of off-street parking spaces and access to street or alley A. General. Each off-street.parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (18' ) long and seven feet (7 1 ) high with a maximum slope of twelve (12) percent in any one - direction. Each parking space, except for those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7, Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Since this code amendment requires that Special Review be granted, the following paragraph will be added to the Special Review provisions of the Regulations. Sec. 7-404 Review standards for special Review B. Off-street parking requirements. 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. RECOMMENDED MOTION: "I move to recommend approval for the text amendment to permit parking on garage aprons for multi -family projects with special review approval, to City Council. The Commission also approves the applicant's request for Special Review for apron parking, should City Council approve the proposed text amendment." Exhibits: "A" - Application Information apz.textamend.204Edur MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Revised Proposal for the Krabacher Office Building - GMQS Exemptions for Affordable Housing and Increase of FAR and Net Leasable Area in an Historic Landmark DATE: August 2, 1994 REMINDER: THERE IS A SITE VISIT TO THIS PROJECT AT 4:00 AUGUST 2, PRIOR TO THE REGULAR P&Z MEETING. FOR A VAN POOL, MEET IN THE ALLEY BEHIND CITY HALL PROMPTLY AT 3:55 PM. SUMMARY: This project was tabled on June 21, 1994 because there were many issues which the staff and Commission felt needed to be addressed by the applicant. The project has been revised and is being presented for approval of the GMQS Exemptions. Joe Krabacher and David Panico met with staff on July 17 to review the changes to the office building and site based on the P&Z and staff comments expressed on June 21. Based on the changes, staff now recommends approval of the development with conditions. STAFF DISCUSSION: At the June 21 meeting, the issue of the original amount of net leasable area was resolved by staff's agreement with Mr. Krabacher that the entire building (1,699 s.f.) was approved for the antique store conditional use in 1989. Please refer to the revised application letter and drawings, Exhibit "A". For your reference, staffs June 21 memo is attached as Exhibit "B". The revised building design now provides 3,365 s.f. of net leasable, an increase of 1,666 s.f. The required employee mitigation of this new space is calculated as follows: 1,666 sf (new net leasable) divided by 1,000 sf increments = 1.67 multiplied by 3 (employees per thousand sf) _ 5.01 gross employee generation, mult. by 60% (min. threshold) for a net employee mitigation of 3.0 persons The project still proposes a three bedroom unit which will house 3 persons, per the Housing Guidelines for occupancy. Therefore the applicant has successfully addressed the mitigation requirement. 1) The perceived excess bulk and mass of the structure: The project FAR has been reduced from 4,202 s.f. to 3,928 s.f. ( 2 7 4 1 s . f . loss) . This figure includes the FAR which is created by the excavated courtyard area. Actual above grade floor area is 3,750, which is conforming to the .75:1 permitted in the Office zone district. As a result of the floor area reduction, the rear wall ( both ground level and second floor) of the building has been moved three feet further from the alley, to 221. There is now a 3.5' walkway between the parking spaces and the structure. The walkway is overhung by the second story which acts as a protection from rain and snow. Site coverage is reduced from 51% to 45%. The length of the structure is reduced from 79' to 761, so the east and west elevations are changed subtly. THe north and south elevations remain the same. 2 ) The overall level of intensity at the site with two residences and the increased office area. The applicant has removed the one bedroom free market unit from the plans. In its place in the basement is approximately 400 s.f.. of office area, the building's handicapped accessible bathroom and the elevator shaft. This change is beneficial in that staff believes that the loss of the residential unit will lessen the burden of parking, trash and general activity on the parcel. 3) The lack of site detail: amenities, landscape elements, and adequate access ways. In order to improve site circulation, the projects' parking spaces have been all moved to the eastern property line. This frees up approximately 2 more feet next to the bike rack and trash enclosure. Wheel stops are provided to stop vehicles from pulling up too close to the walkway against the rear of the building. The walkway has been ramped up to the doorway for delivery convenience and to provide a secondary handicap access. The legal ADA access is still around the front of the building at the main doors. Since the one bedroom dwelling has been deleted from the basement, the emergency egress window well has been substantially reduced from roughly 35 linear feet to approximately 12 linear feet. This provides more space for landscaping and access along the east side of the building. 4. Lack of attention to transportation mitigation: The applicant has submitted three mitigation elements which staff believes will have an impact on the numbers of employee generated vehicle trips. These elements have been added as conditions of approval and are subject to periodic review by the Planning and Zoning staff. k 1. Provide bus passes to all employees. 2. Organize a van pool program for downvalley employees. 3. Provide 4 bicycles for use by building tenants. The application also states that the nearest downvalley bus stop is located one block from the site, and the nearest upvalley stop is across the street. STAFF RECOMMENDATION: Based on the above changes and additions to the proposal, Planning staff is far more comfortable with the project. We now forward a recommendation to approve the GMQS exemption for affordable housing and expansion of the historic landmark with the following conditions: 1. Prior to issuance of any building permits, the applicants shall provide a storm drainage plan prepared by an engineer registered to practice in the State of Colorado. The plan shall meet the requirements of Section 24-7-1004.C.4.f. 2. The applicants shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way. 3. The sidewalk along Main Street shall be widened to 5 feet. 4. If the fences in the rear encroach into the public alley, they must be reinstalled onto private property during redevelopment. 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. Utilities - Any new utility pedestals must be installed on utility easements on private property, not in the public right of way. 7. Prior to the issuance of any building permits, the applicant shall record the Category 2 deed restriction for the three bedroom apartment. The restriction shall be approved by the Housing Office prior to recordation. Copies of the recorded document shall be forwarded to the Planning Office. 8. Prior to the issuance of any building permits, the applicant l shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if in the future additional floor area is requested, the owner shall provide affordable housing mitigation at the then current standards. 3 t 9. The 4 on -site parking spaces required during the 1989 conditional use approval which have not been developed must be installed within 30 days of approval of this current proposal. 10. The following transportation mitigation elements must be continually provided and may be periodically checked for implementation by Planning or Zoning staff: 1. Bus passes to all employees. 2. A van pool program for downvalley employees. 3. 4 bicycles for use by building tenants. 11. 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. RECOMMENDED MOTIONS: "I move to approve the Krabacher Office Building GMQS Exemptions for expansion of FAR and net leasable in an historic landmark and I also move to recommend to. City Council approval of the GMQS exemption for the three bedroom Category 2 affordable housing unit. These approvals are conditioned by items 1-11 in the Planning Office memo dated August 2, 1994." Exhibits: A - Revised Application dated July 21, 1994 B- Planning Office Memo dated June 21, 1994 4