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HomeMy WebLinkAboutagenda.apz.19940719 ,'- AGENDA , <".,~--- =============================--==================================== ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING July 19, 1994, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS commissioners Planning Staff Public II . I1INUTES III. PUBLIC HEARINGS A. Smith Conditional Use Review for Dwelling Unit and 8040 Greenline Lackner .. an Accessory Review, Mary B. Zoline Rezoning, Leslie Lamont C. Temporary Overlay to Reduce FAR, Leslie Lamont & Amy Amidon IV. CONTINUED PUBLIC HEARINGS A. KAJX Conditional Use Review for a Satellite Dish, Leslie Lamont ... B. Creektree SUbdivision/PUD Amendment, Mary Lackner C. Independence Place SPA Designation and Conceptual SPA Plan, Leslie Lamont (to be continued to September 20, 1995) V. ADJOURN .. Height flags have been placed on the Smith property. Please visit the site before the meeting. ,..,....--- ... Story poles have been set up behind the Red Brick School building. Please visit the site before the meeting. , ~ .....k'.'.... MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Smith 8040 Greenline Review and Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: July 19, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office recommends approval of the Smith 8 04 0 Greenline and Conditional Use for an approximately 1600 sq.ft. addition that includes a 700 sq.ft. attached accessory dwelling unit with conditions. This addition is proposed to be attached to an existing 2800 sq.ft. residence. APPLICANT: Bob and Glenda Smith. LOCATION: 200 Park Circle, Sunny Park North Subdivision Lot 5. ZONING: R-15A Moderate -Density Residential. APPLICANT'S REQUEST: The applicant requests 8040 Greenline Review for an approximately 1600 sq.ft. addition to an existing residence. The applicant is also seeking Conditional Use approval to build a 700 sq.ft. accessory dwelling unit within this proposed addition. This unit is being provided voluntarily. The one bedroom accessory dwelling unit will be approximately 699 net livable sq.ft. and will be located above grade. This unit qualifies for a floor area bonus, pursuant to Section 24-3-101. The applicant submitted the application with the intent of obtaining an access easement from the County to cross the County owned Mascot Lode. Since this application was submitted on June 20th, the applicant has been unable to secure this easement. In fact, the County has indicated that they most likely will not grant an access easement to the applicant. Therefore, the applicant submitted an amendment to the application on June 30th that assumes the requested access easement will not be granted by the County. Both the original and.amended application information, maps, and elevations are included as Exhibit "A". REFERRAL COMMENTS: The following referral comments are attached to this memorandum: ACSD - Exhibit "B" Engineering Department - Exhibit "C" Housing Office - Exhibit "D" Parks Department - Exhibit "E" Water Department - Exhibit "F" STAFF COMMENTS: The Commission has the authority to review and approve development applications for Conditional Uses and 8040 Greenline review pursuant to the standards of Sections 24-7-304 and 24-7-503 of the Aspen Land Use Regulations. Conditional Use Review A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with - the intent of the zone district in which it is proposed to be located; and Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying zone district. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Response: The accessory dwelling unit is compatible with the character of the surrounding neighborhood, which consists of medium density single family residences. The Siegel affordable housing project, which consists of three dwelling units, was built on a lot adjacent to this parcel. The unit will not be visible as a distinct unit from the exterior of the residence or garage. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Response: The accessory dwelling unit will be completely contained within the proposed addition. The location, size, and design permit the occupant of the ADU privacy from the main residence. The general design of the house is compatible with similar development in this area. A total of eight parking spaces are provided on -site (two within an attached garage), which is adequate for the main residence and the ADU. None of the parking spaces are directly visible from neighboring parcels. The proposed ADU will have an exterior stairway which will access the entrance. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. The applicant has proposed a roof design that will shed snow away from the ADU's entrance. No significant impacts are anticipated. Fa D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Response: All public utilities are adequate and in place throughout the neighborhood and can accommodate the proposed addition and 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 applicant is voluntarily providing the ADU. It is not required for mitigation. The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable conditional use standards. 8040 Greenline Review The applicant received 8040 Greenline approval in 1986 when the existing house was approved for development. The applicant is required to obtain a new 8040 approval, since the previous approval did not contemplate this addition. The Planning and Zoning Commission has final authority on granting 8040 Greenline approvals.' 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine substance and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or where necessary, cause them to be removed from the site to a location acceptable to the city. Response: The site averages a 24% slope across the length of the lot. A Geophysical and Geotechnical Subsidence Investigation was prepared for this lot in 1986, for the original 8040 Greenline review. The location of the proposed addition is identified as a favorable area for development. The only portion of the property 3 15 which was not fully tested, the upper northeastern section, is not proposed for any development. This lot is not encumbered by the EPA superfund boundary. The applicant will need to meet the engineering and structural requirements of the May 1986 report by Western Engineers,' Inc. 2. The proposed development does not have a significant adverse affect on the natural watershed runoff, ` drainage, soil erosion or have consequent , effects , on water pollution. ' Response: The applicant has proposed installing perforated drain tile to use as part of the drainage system. Staff does not believe their will be any significant affect on the natural watershed, drainage, soil erosion or water pollution as part of this proposed development. 3. The proposed development does not have a significant adverse affect on the air quality in the city. Response: The applicant's proposal does not have a significant impact on the air quality of the city. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Response: The amended addition will tie into the existing upper levels of the existing residence at about two feet higher than the existing residence. This slight increase in height enables the applicant to obtain greater views and solar exposure. This design and location is compatible with the natural terrain of the site. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Response: The applicant has minimized grading as much as possible so as not to disturb the natural terrain. All disturbed areas are proposed to be revegetated with a native seed mix, potentilla, choke cherry, and other mature shrubs to provide a natural appearance. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. Response: The placement of the ADU, within the proposed addition, has been designed to be accessible from the main house or from the 4 existing driveway. The best alternative would be to obtain the access easement across the Mascot Lode which would permit additional privacy to the occupants of the ADU, provide fire protection from above the residence, and to provide snow storage for the existing road above this parcel. Either alternative proposed by the applicant will not impact the scenic quality of lower Smuggler mountain. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Response: It appears from .the application materials that the proposed addition will bring the residence close to it's maximum allowed floor area of 4,648 sq.ft. (which includes the 250 sq.ft. bonus) . The exact floor area has. not been calculated because staff does not have the detailed drawings indicating the dimensions of the addition proposed below grade. Forty-seven percent of the addition's height will be no higher than the existing residence. The portion of the addition that will be higher than the existing residence is proposed to be approximately two feet taller. Staff believes the applicant has minimized the height and bulk of the building so that it will function well, yet not impact the open space character of the mountain. 8. sufficient water pressure and other utilities are available to service the proposed development. Response: All utilities are presently serving the existing residence. Aspen Consolidated Sanitation District and Aspen Water Department have indicated that they can serve the project, subject to additional tap fees and connection charges. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Response: Adequate roads are available to the house and are properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Response: Adequate ingress and egress is presently in place to the residence. The applicant and staff prefer that the upper road be used as the access point to the ADU, however the applicant is working with the County to obtain an easement. Should the upper access not be available, the single access will be adequate for snow removal and fire protection. 11. Any trail on the parcel designated on the Aspen Area 5 Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Response: The 1986 8040 Greenline review for this parcel required a trail easement be dedicated generally along the Salvation Ditch. The easement was eliminated when the Siegel employee housing was approved in 1992 by the driveway to this project Staff would like the applicant to provide this trail easement across the property as the Salvation Ditch is a primary trail corridor identified in the AACP. SUMMARY: The upper access across the Mascot Lode does not impact steep slopes, grading or filling of the site. This driveway would not create any visual scaring along the hillside since it follows a relatively flat bench. The applicant's original plan proposed this upper access so that there would be a one car garage provided with the ADU and additional privacy for the occupants'of the ADU.. It is for these reasons that staff supports the upper access if an easement can be obtained from the adjacent property owner. Staff can also support the applicant's proposal without the upper access road. In this alternative, the existing access road would be used and residents of the new unit would access the unit along a walkway next to the primary residence. The fundamental design difference between the two applications is the height of the proposed addition. The original application proposes a roof line at the peak of the garage to be two feet higher than the existing residence. The amended application proposes a roof line of two feet higher than the existing residence along the length of the proposed addition. Although the applicant has not received a final determination from the County regarding an access easement to the upper portion of his property, staff believes that either alternative meets the 8040 Greenline review requirements. STAFF RECOMMENDATION: Planning staff recommends approval of the Smith 8040 Greenline and Conditional Use for an approximately 1600 sq.ft. addition that will contain a 700 net livable sq.ft. one bedroom accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 6 N 3. The accessory dwelling unit 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. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The kitchen within the accessory dwelling unit shall meet or exceed the Housing Authority Guidelines for the definition of a "kitchen." 6. The applicant shall submit a landscaping plan to be reviewed and approved by the Parks Department, prior to the issuance of a building permit. 7. The applicant and staff shall reconfirm that a trail easement has been dedicated along the Salvation Ditch as it crosses this property. 8. The applicant shall comply with the engineering and structural requirements of the May 1986 "Geophysical and Geotechnical Subsidence Investigation for Lots 3 & 5 Sunny Park North Subdivision," prior to the issuance of any building permits. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the 8040 Greenline and Conditional Use review for an approximately 1600 sq.ft. addition for Lot 5 of the Sunny Park North Subdivision, with the conditions recommended in the Planning Office memorandum dated July 19, 1994 . " Exhibits: Application Information with plans and elevations - Exhibit "A" ACSD - Exhibit "B" Engineering Department - Exhibit "C" Housing Office - Exhibit "D" Parks Department - Exhibit "E" Water Department - Exhibit "F" 7 exhibit A TO: Mary Lackner Planning Department, City of Aspen From: Bob and Glenda Smith Box 3182 Aspen, Colorado 81612 303-925-3937 Re: Conditional Use (A.D.U.) and 8040 Greenline Review Existing Residence on Smuggler Mountain Lot 5, Sunny Park North Subdivision Date: June 17, 11994 We wish to build an addition to our 2838 square foot 4 bedroom home. We will be representing ourselves during the review process. Enclosed please find proof of ownership; the signed fee agreement and a check for $1074.00; a list of property owners within 300 feet of our property; a current improvement survey; a vicinit37 map; a site plan, floor plans and elevations of the proposed addition; a statement regarding our easement request; and statements addressing the review standards for Land Use Code Sections 7-304 Conditional Use Review, 5-510 Accessory Dwelling Units, and 7-503 8040 Greenline Review. The size of our proposed addition is considerably less than the allowable F.A.R. for our lot. We wish to add a recreation space for our three teenagers with an Accessory Dwelling Unit above it for possible rental to our construction employees or for our own use so we can rent our house when our children are reads- for college. We have been employees in the city since 1970 - 22 years at Highlands and the last 2 years at Snowmass. We have also built or remodeled many houses in the city and the valley. In 1986 we spent $8000 and 12 months going through the approval process, including the 8040 Greenline review, which set the precedence for the construction in the area that followed. Our neighborhood has always been a high density area, although the duplex zoning was changed when Park Circle was added. Our door neighbor has recently built three employee units on his lot below his home and many other neighboring homes are duplexes and condos. We would like to designate almost half of our addition as an Accessory Dwelling Unit, accessible from the back of our lot, above our home, with an attached garage (also within the F.A.R. restrictions). We can build a driveway to meet city requirements, but we will need an easement from the county to access the paved cul-de-sac in order to do so. Although the road above our house is not an alley, we believe the access to our proposed A.D.U. can be justifiably considered rear access. Our lot slopes down from the road above, with the bulk of the construction well below it and facing awa),.from it toward Aspen Mountain. Only the garage door will front onto the road, not even the entrance door to the Unit. The land above our lot was originally designated open space but is now in the process of being traded to Jim Auster. Ideally we would like a permanent easement for accessing a garage, but if not, we need a temporary easement in order to access our property during the construction of the addition. Finally, we would like to request vested rights approval for everything in the enclosed proposal. Thank you. Bob and Glenda Smith BROOKE A. PETERSON IDEON I. KAUFMAN _RIN L. FERNANDEZ ** ROBYN J. MYLER *** ALSO ADMITTED IN MARYLAND '* ALSO ADMITTED IN FLORIDA - ALSO ADMITTED IN NEW YORK AND CONNECTICUT LAW OF F ICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE ASPER COLORADO 81611 VIA HAND DELIVERY July 14, 1994 Mr. Bruce Kerr, Chairman Aspen/Pitkin County Planning and Zoning Commission c/o Mary Lackner Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Smith A.D.U. Application Dear Bruce: TELEPHONE (303) 925-8166 FACSIMILE (303) 925-1090 JUL 14 The offices of the undersigned represent Mr. Chuck Rowars, the recent purchaser of property located. at 131 Sesame Street on Smuggler Mountain in Aspen, Colorado. That property is immediately adjacent to property presently owned by Robert and -Glenda Smith. It is our understanding the Smiths have applied to the Planning and Zoning Commission for approval to construct a 700 sq.ft. accessory dwelling unit attached to the existing single-family residence and for other additions to their home. I wish by this letter to state Mr. Rowars' position with respect to any construction upon the Smiths' property. Mr. Rowars does not object to the construction of the additional dwelling unit or to the other improvements to the Smiths' property, however, that any addition to the home meet all of the requirements of the underlying zone district that the construction is done in accordance with my comments as contained he.e in, and the additional dwelling lzii� is utilized for pmpl oyee housing purposes. First, at this time, it is also our position that the Smiths are to conduct construction on their property and access their property only through their own access and not through any existing f F access to Mr. Rowars' property.-� Secondly, Mr. Rowars insists that any fill dirt which is fSS`� removed during excavation, and not -utilized in the refilling around any completed construction, to removed from the site so that�s4� it will not disturb or kill any vegetation. Also any disturbance to existing vegetation should be minimized. From our examination of the property, it is apparent that the Smiths are fine stewards of the land and this should not be a problem. Mr. Bruce Kerr, Chairman July 14, 1994 Page 2 Thirdly, Mr. Rowars is quite concerned about the height of any addition to the Smiths' house. Mr. Rowars believes that the height of any new addition should be no higher than the existing height of the Smiths' home. This position is in accordance with the conditions and the standards for review of any development wherein an 8040 Greenline request is made. As you know, Section 7-503 of the Aspen Municipal Code requires that: "Building height and bulk will be minimized and the structure will be designed to blend in the open character of the mountain" as one of the conditions to be examined in association with any application above the 8040 greenline. Clearly, any development which exceeds the present height of the Smiths' residence will not minimize the building height and will not blend into the open character of the mountain. As you know, the design of any improvement located within an 8040 Greenline area must also comply with all of the other conditions contained in Section 7-503. Finally, in reviewing the proposal for an accessory dwelling unit, I believe it is important for the Commission to also determine that the Smiths' development is "subordinate in character with the primary residence," and that it will actually be utilized for employee housing and not for the Smiths own occupation. Mr. Rowars does wish to be a good neighbor, and we believe the Smith property can be added onto with due regard for our concerns. Thank you for your review of this matter and the consideration of our comments. Respectfully submitted, IN A Pressio 1 jC\prpo ation wig rdoke A'. P&t-d'rson BAP/ 1 j n cc: Charles M. Rowars Robert and Glenda Smith + letters\kerr 6W.-�094i� On July 5, 1994 Robert C. and Glenda D. Smith posted a sign stating the Time 4:30 and Place 2nd floor Meeting room in City Hall for requesting a ADU on their property. Also on July 5, 54 Public Notices were mailed or hand delivered to land owners within 300 feet of Lot 5 Sunny ?ark North Subdivision. My commission expires MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, ' Y Planner RE: City-Owne Zoline /O en Space Property Zoning Designati o to OSpace (OS) DATE: July 19, 1994 SUMMARY: Staff recommends approval of zoning the Zoline open space parcel to Open Space (OS). This property is undergoing annexation and is owned by the City. The bulk of the acreage is currently being developed as part of the Maroon Creek Golf Course per the terms of a long term lease with the City. A portion of the annexation contains the highway right-of-way. APPLICANT: The City of Aspen LOCATION: The parcel is.57.15 acres and is located on the north side of Highway 82 on the west side of the Maroon Creek Bridge. A large scale map of the parcel and surrounding land will be presented at the P&Z meeting. ZONING: County zoning AF-2 PUD APPLICANT'S REQUEST: Within 90 days of annexation into the City, a parcel must be zoned to a City zone district. The annexation process is expected to go to City Council on July 25, 1994. Therefore a recommendation by P&Z is sought at this time. STAFF COMMENTS: Staff considered appropriate zoning for this parcel and determined that Open Space would offer adequate protection to limit development. The purpose of the OS zone is to "preserve, protect and enhance lesser developed or undeveloped areas within the City containing unique naturally occurring or manmade landscape features which provide visual relief and enjoyment while reflecting or representing community artistic or architectural statements. Development on the Open Space (OS) zone district should emphasize and be consistent with the natural dynamic state of the land and minimize disruption of existing natural conditions." Permitted uses for the OS zone are: 1) Paved and unpaved walkways 2) benches 3) sculpture 01 4) water features such as ponds, streams, or fountains 5) architectural lighting and downcast low -illumination lighting for walkways and trails 6) sculptured or manicured landscape features 7 ) fencing conditional uses: none The limitations of the OS zone will preclude the golf course from building any structures on the property. Staff-Aoriginally considered the Park zone district or the Golf Course Overlay designation, but these allowed a host of structures as permitted or conditional uses such as recreation building, sport shop, restaurant facility, maintenance buildings, conference facilities, active recreation facilities such as tennis courts and swimming pools, housing, parking lots and lodge. These are clearly undesirable at this location from staff's perspective given the fact that the property was originally purchased with open space funds. Map Amendment for Rezoning to open Space (OS): Pursuant to Section 24-7-1102 the 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: There are no conflicts with the zoning code. A parcel is required to be zoned by the City within 90 days of annexation. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The Aspen Area Community Plan has set forth the policy to "preserve key open space parcels which help to establish the character of the Aspen Area". While this site was not specifically identified in the Plan, this OS rezoning proposal will strictly preclude any structures on the property. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The surrounding county zoning is AF-2 PUD on the south, west and north, and AF-1 to the east. The Maroon Creek development surrounds this site on two sides. Other adjacent properties are larger acreage residential parcels, also in the county. The OS zone will limit development according to the permitted use list which does not include structures. The Highway 82 right-of-way is included in a portion of this 2 H rezoning. However, staff interprets the right-of-way as a pre- existing condition with little bearing on the rezoning effort. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The development of the Zoline open space parcel as part of the Maroon Creek Club locks in this use for the next 90 plus years. The site itself will not be specifically responsible for traffic generation above and beyond the golf course. If this use ceases however, the OS zone will maintain the site in an open, green state, not subject to radical use alternatives. 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: The Maroon Creek development is providing water and drainage utilities necessary for the site. Without structures, this site will place little demand on transit, schools and medical facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: After completion of the golf course, the site will remain green and maintained. Per the permitted uses, there will be few alternatives for the property which could be considered environmentally detrimental. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: The proposed OS zone allows the entry to Aspen to remain free from typical development. This use is consistent with the Aspen Golf Course property across the Maroon Creek Bridge, as well as the remainder of the Maroon Creek golf facilities across Highway 82. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: As mentioned earlier, a parcel being annexed in to the City must receive City zoning within 90 days. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and 3 3 I intent of this chapter. RESPONSE: The OS zone offers the public the best protection for this parcel to remain in a less developed state versus the Park or Golf Course Overlay zones. Staff believes that the proposal is in harmony with the land use regulations. RECOMMENDATION: Planning staff recommends approval of the rezoning of the Zoline open space parcel and highway right-of-way to Open Space (OS) upon annexation. RECOMMENDED MOTION: "I move to recommend approval of zoning the Zoline open space parcel and highway right-of-way to Open Space (OS) upon annexation into the City." EXHIBITS A - Map of Annexation Area 4 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Les-l-ie- La ont, Senior Planner RE: KJAX Sate lite Dish - Conditional Use Review Public Hearing - Continued DATE: my 19, 1994 SUMMARY: The Commission tabled review of this proposal so the applicant could provided additional information and the Commission could visit the site with the story poles set up in the location of the proposed dish. The Commission specifically asked the applicant to address the size of the dish, landscaped screening, the mesh cover of the dish, potential painting of the dish and to set up story poles. Staff received the information from the application very near the deadline for this memo. Therefore staff has attached the July 5 memo with the initial land use analysis of the proposed dish. Please find attached the updated information that the applicant has provided. ATTACHMENTS: New Information July 5, 1994 Staff Memo MEMORANDUM TO: Aspen Planning and Zoning Commission i FROM: Leslie Lamont, Senior Planner RE: KJAX Satellite Dish - Conditional Use Review Public Hearing DATE: July 5, 1994 SUMMARY: The applicants have requested a conditional use review to install a satellite dish at the Red Brick School for receiving and broadcasting purposes. A satellite dish is a conditional use in the Public zone district. Staff recommends approval of the conditional use with conditions. APPLICANT: KJAX public radio station as represented by Sy Coleman LOCATION: 110 East Hallam, Red Brick Community Arts and Recreation Center ZONING: Public APPLICANT'S REQUEST: Conditional use approval for a satellite dish. REFERRAL COMMENTS: Engineering: 1. A specific screening plan must be submitted. 2. The proposed location of the dish in on the public trail. STAFF COMMENTS: Proposal - KJAX, Aspen's public radio station, is a tenant of the Red Brick Community Arts and Recreation Center. During the discussions for rezoning the school property and identification of the use of the building, KJAX was a strong participant in those deliberations. KJAX must use a satellite dish to receive transmission by National Public Radio, the "backbone of most public radio stations." This type of dish is the only one that will serve the purposes of the radio station. The dish will stand approximately 12' - 3 7/8" with a diameter of 12'. The applicant proposes to place the dish behind the gymnasium of the building, next to the public trail that goes behind the gym, and connects to the public trail coming up from the Post Office. Two locations have been identified on the applicant's map: 1 - to the west of trail closer to the building; and 2 - on the other side of the trail which appears to be on the edge of the hillside above im the Post Office trail. 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; and RESPONSE: The property was rezoned to Public in 1993. The public radio station was considered an occupant at the time of the rezoning. The satellite dish is necessary for operations of the station.. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The building is surrounded by residential land uses. The Givens Institute is across the Post Office public trail to the north. If the dish is located on the edge of the hill behind the Red Brick it will not enhance the uses and activities of the surrounding area. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: If the dish is located on the northeast side of the public trail, perched on the side of the hill, the dish will visually impact trail users on the Post Office trail and will be very visible the Post Office area and from the residential homes along Garmisch Street. Staff recommends the applicant tuck the dish as close to the building as possible. The dish it cannot block the public trail. In addition, the dish shall be screened from view as much as possible. Before the applicant may install the dish a screening plan must be submitted to the Planning Department for review. Because the City of Aspen owns the property, the City will not provide permission to install the dish until a screening plan is approved. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: The public facilities are adequate to serve the dish. W E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: This conditional use review does not generate new employees. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Compre"nsive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed conditional use will comply with the other regulations of this chapter. RECOMMENDATION: Staff recommends approval of the conditional use for one, 12' - 3 7/8" high and 12' diameter, satellite dish for KJAX public radio station behind the Red Brick Community Arts and Recreation Center with the following conditions: 1. The dish shall be located on the southwest side of the public trail behind the gymnasium of the Red Brick Community Arts and Recreation Center• as close to the building as possible. 2. Prior to the City's permission to install the dish, a screening plan shall be submitted to the Planning Department for review and approval. 3. The applicant shall explore using a darker color on the dish to blend the dish with the background of the Red Brick building. ATTACHMENTS: 1. Dish Location Map 2. Photo of Proposed Dish 3. Photo of Dish Location Behind Building 3 hl MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner RE: City -Owned Zoline Open Space Property - Zoning Designation to Open Space (OS) DATE: July'19, 1994 SUMMARY: Staff recommends approval of zoning the Zoline open space parcel to Open Space (OS). This property is undergoing annexation and is owned by the City. The bulk of the acreage is currently being developed as part of the Maroon Creek Golf Course per the terms of a long term lease with the City. A portion of the annexation contains the highway right-of-way. APPLICANT: The City of Aspen LOCATION: The parcel is 57.15 acres and is located on the north side of Highway 82 on the west side of the Maroon Creek Bridge. A large scale map of the parcel and surrounding land will be presented at the P&Z meeting. ZONING: County zoning AF-2 PUD APPLICANT'S REQUEST: Within 90 days of annexation into the City, a parcel must be zoned to a City zone district. The annexation process is expected to go to City Council on July 25, 1994. Therefore a recommendation by P&Z is sought at this time. STAFF COMMENTS: Staff considered appropriate zoning for this parcel and determined that Open Space would offer adequate protection to limit development. The purpose of the OS zone is to "preserve, protect and enhance lesser developed or undeveloped areas within the City containing unique naturally occurring or manmade landscape features which provide visual relief and enjoyment while reflecting or representing community artistic or architectural statements. Development on the Open Space (OS) zone district should emphasize and be consistent with the natural dynamic state of the land and minimize disruption of existing natural conditions." Permitted uses for the OS zone are: 1) Paved and unpaved walkways 2) benches 3) sculpture 1 e 4) water features such as ponds, streams, or fountains 5) architectural lighting and downcast low -illumination lighting for walkways and trails 6) sculptured or manicured landscape features 7 ) fencing conditional uses: none The limitations of the OS zone will preclude the golf course from building any structures on the property. Staff originally considered the Park zone district or the Golf Course Overlay designation, but these allowed a host of structures as permitted or conditional uses such as recreation building, sport shop, restaurant facility, maintenance buildings, conference facilities, active recreation facilities such as tennis courts and swimming pools, housing, parking lots and lodge. These are clearly undesirable at this location from staff's perspective given the fact that the property was originally purchased with open space funds. May Amendment for Rezoning to Open Space (OS): Pursuant to Section 24-7-1102 the 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: There are no conflicts with the zoning code. A parcel is required to be zoned by the City within 90 days of annexation. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The Aspen Area Community Plan has set forth the policy to "preserve key open space parcels which help to establish the character of the Aspen Area". While this site was not specifically identified in the Plan, this OS rezoning proposal will strictly preclude any structures on the property. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The surrounding county zoning is AF-2 PUD on the south, west and north, and AF-1 to the east. The Maroon Creek development surrounds this site on two sides. Other adjacent properties are larger acreage residential parcels, also in the county. The OS zone will limit development according to the permitted use list which does not include structures. The Highway 82 right-of-way is included in a portion of this 2 VAP rezoning. However, staff interprets the right-of-way as a pre- existing condition with little bearing on the rezoning effort. D . The of f ect of the proposed amendment on traf f is generation and road safety. RESPONSE: The development of the Zoline open space parcel as part of the Maroon Creek Club locks in this use for the next 90 plus years. The site itself will not be specifically responsible for traffic generation above and beyond the golf course. -rf this use ceases however, the OS zone will maintain the site in an ope-n-, green state, not subject to radical use alternatives. 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: The Maroon Creek development is providing water and drainage utilities necessary for the site. Without structures, this site will place little demand on transit, schools and medical facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: After completion of the golf course, the site will remain green and maintained. Per the permitted uses, there will be few alternatives for the property which could be considered environmentally detrimental. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: The proposed OS zone allows the entry to Aspen to remain free from typical development. This use is consistent with the Aspen Golf Course property across the Maroon Creek Bridge, as well as the remainder of the Maroon Creek golf facilities across Highway 82. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: As mentioned earlier, a parcel being annexed in to the City must receive City zoning within 90 days. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and 3 3 intent of this chapter. RESPONSE: The OS zone offers the public the best protection for this parcel to remain in a less developed state versus the Park or Golf Course Overlay zones. Staff believes that the proposal is in harmony with the land use regulations. , RECOMMENDATION: Planning staff recommends approval of the rezoning of the Zoline open space parcel and highway right-of-way to Open r Space (OS) upon annexation. RECOMMENDED MOTION: "I move to recommend approval -of zoning the Zoline open space parcel and highway right-of-way to Open Space (OS) upon annexation into the City." EXHIBITS A - Map of Annexation Area 4 r Y*$VT Z#-.'% k10 11Y TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Creektree Subdivision/PUD Amendment DATE: July 19, 1994 ------------------------------------------------------------- SUMMARY: The Planning Commission considered the applicant's request June 7, 1994, to merge Lot 2 and Lot 4 (which is used solely for access and parking) to increase the building square footage on Lot 2. This application was requested to be tabled by the applicant because the Commission was contemplating a 2-2 vote on the project. Since this application was considered in June, staff and the applicant have found another approach in which this application can be considered. The applicant's letter explaining this new proposal is attached as Exhibit 111". A new site plan and architectural elevation are also attached to this memo. This memorandum reviews this new methodology and PUD amendment. METHODOLOGY: Staff believes that the Aspen Land Use Regulations permit the applicant to request a substantial amendment to the Creektree Subdivision/PUD to recalculate the lot area of each parcel to include the land area under the park which was part of the original PUD plan. Using the entire land area of the PUD permits larger lot areas in which to calculate floor area, thus the duplex units can expand. This method will also redefine the lot area for the Eagles Club (Lot 3) and the single family residence on Lot 1. The current definition of "Floor area, Planned unit development" is stated in Section 24-3-101 of the Land Use Regulations as follows: For planned unit development (PUD) applications where land is held as common open space, the allowable floor area shall be calculated dividing the lot area by the total number of lots existing and proposed for development to determine the land area for each lot in the planned unit development (PUD), which shall be the area used to determine the amount of floor area of each dwelling unit in the planned unit development. Although the Park parcel of the Creektree Subdivision/PUD has been conveyed to the City for a public park, the park may be reconsidered to be used as calculating lot area in this PUD amendment. This method was used in the 1010 Ute residential project which allowed the lots to use the floor area attributable to the park which was later conveyed to the City. Staff agrees with the calculation method proposed by the applicant on page 2 of Exhibit "1", however, we would like the applicant to include the Eagles Club, located on Lot 3, in the total calculation of lot area. Although staff recognizes that it is presently a non- conforming use in a residential zone district, the PUD regulations don't differentiate the use of the lot in determining lot area, but by the number of lots. It is also possible that the Eagles Club may become a conforming use if rezoning or an SPA overlay is placed, on the property. Nonetheless, staff believes each lot in the Creektree Subdivision/PUD should be treated equally in determining lot area at this time. The actual calculation has not been prepared by the applicant for tonight's meeting, as he wants an indication whether this method is acceptable to the Planning and Zoning Commission prior to purchasing a new survey with this information. Should this proposed amendment be acceptable to the Commission, the applicant will have the survey prepared prior to the City Council meeting. Assuming the applicant's survey indicates there is sufficient lot area to allow an increase in floor area for the duplex units, the applicant has agreed to limit the expansion potential of each duplex unit to 500 sq.ft. within the existing footprints of the duplexes. This would allow the three units that have not converted their garage to do so, as well as enclosing decks as requested by the applicant. The net result of this proposed PUD amendment is an approved increase of 2,000 sq.ft. of floor area divided equally among the four duplex units. The potential increase of floor area permitted for the single family residence on Lot 1 cannot be calculated until the survey is performed, however staff has roughly determined that it will not be greater than 400 sq.ft. PUD AMENDMENT: Should the Planning and Zoning Commission agree to utilize the methodology proposed to calculate lot area, the applicant will be seeking a PUD amendment to increase the allowed floor area within the Creektree Subdivision/PUD and to merge Lots 2 and 4. Substantial changes to a PUD require review by the Planning Commission and final approval by City Council, which assesses compliance with the PUD review standards of Section 24- 7-903 (B) of the Aspen Land Use Regulations. The general requirements of PUD require the proposed development to be consistent with the AACP, the character of existing land uses in the surrounding area, and shall not adversely affect the future development of the surrounding area. Staff has concern that the City is looking at a comprehensive reduction of floor area throughout all zone districts. This project is not located within close proximity to any historic structures, however it is immediately adjacent to the Roaring Fork River. Staff supports the applicant's request to only add floor area within the existing footprint of the structure, however we have concern that the 2, 0 increase of 2, 000 sq. ft. may be in conflict with other goals of the City. The applicant will be determining the slopes of the parcel in order to comply with the requirement for density reduction for steep slopes. As mentioned earlier in this memorandum, this will be prepared prior to the City Council meeting. The other PUD review criteria including density, land uses, dimensional requirements, off-street parking, open space, landscaping, architectural site plan, lighting, clustering, public facilities, traffic, and pedestrian circulation will not be affected by the proposed amendment. The Planning Office is requesting that the approved building envelope be redescribed in order to prevent any expansion other than within the existing building footprint. As mentioned in the applicant's original application, the merger of Lot 2 and Lot 4 will not reduce any on - site parking and will better clarify easements on Lot 4. STREAM MARGIN REVIEW: The applicant had only requested an exemption from 8040 review in the application. This would permit only Mr. Beckwith to enclose his deck. Should any of the other three duplex unit owners wish to inclose their decks or garages, they would be subject to the full stream margin review requirements of Section 24-7-504 (C). In order to reduce redundancy and to clear the record, staff is recommending that if the Planning Commission finds that the PUD Amendment is appropriate, they should also grant Stream Margin review approval to the entire project, not solely to Mr. Beckwith's unit. Section 24-7-504(C) Stream Margin Review 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. Response: The proposed development is not within a Special Flood Hazard Area. The proposed development is proposed to be within the existing footprint of the duplex units. Therefore there is not increase in the base flood elevation on the duplex's parcel. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Response: The Creektree Subdivision/PUD Plat already identifies a recreation/river easement within the Roaring Fork River bed as it crosses this subdivision. Both the Engineering and Parks Department recommend that this easement be redefined so as to permit fishing use to a distance of five feet from the median high water line along the river bank. This language is more consistent 3 2) with all other fishing easement's along the Roaring Fork River. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent possible. Response: The Greenway Plan establishes goals for protecting the natural river corridor. The natural character of the area should be maintained for the benefit of those who see the area from the adjacent park -and trail. Since the proposed development is not increasing the footprint of the building and the "filling in" of garages and some decks is proposed, staff does not believe this poses a substantial impact on the River. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. Response: No vegetation or slope changes need to be made with the proposed addition of approximately 2,000 sq.ft. of the duplex units. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. Response: The river channel will not be directly affected by this proposal. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and a copy of said notice is submitted to the Federal Emergency Management Agency. Response: Not applicable. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the f lood carrying capacity on the parcel is not diminished. Response: The applicant will be required to obtain a new stream margin review if the watercourse is being altered or relocated. Should such a request be made, this requirement will be applied at that time. 8. Copies are provided of all necessary federal and state permits relating to work within the one -hundred -year f loodplain. Response: No work is proposed within the 100-year floodplain, therefore this requirement is not applicable. 4 x Staff finds that the applicant's project to add 2,000 sq.ftof floor area within the existing duplex structures' footprint is in compliance with the requirements for Stream Margin review. RECOMMENDATION: Staff recommends that the Planning Commission approve the applicant's request for a substantial Subdivision/PUD Amendment which reestablishes the lot area for each lot within the Creektree Subdivision for the purposes of calculating floor area, subject to the following conditions. Staff further recommends that the Commission approve Stream Margin review for the ,development illustrated on the site plan dated July 13, 1994, which is included in Exhibit "1". ' 1. The applicant shall redefine the building envelope, so that it is closer to the existing structure to prevent any disturbance closer to the Roaring Fork River, with the amended PUD plat. 2. The new PUD/Subdivision Plat must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so may render the approvals invalid. 3. The applicant shall submit slope and area under water information prepared by a surveyor, prior to first reading by City Council, to determine the net lot area of each parcel within the Creektree Subdivision and the resulting floor area. 4. No vegetation shall be removed between the building envelope and the river. 50' Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees. Excavating around existing trees will need to be done outside of the dripline of all trees. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to recommend approval for the Creektree Subdivision/PUD amendment to merge Lots 2 and 4 and to increase the floor area attributable to each lot within the Subdivision. I further move to approve Stream Margin Review for the duplex structures to expand within the existing footprint s total of 2,000 sq.ft. as illustrated in the site plan dated July 13, 1994, with the conditions noted in the Planning Office 5 memorandum dated July 19, 1994." Exhibits: "1" - Applicant's amended application 112" - June 7, 1994 Planning and Zoning Commission memorandum apz.pudamend.crktree.2 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner RE: KJAX Satellite Dish - Conditional Use Review Public Hearing DATE: July 51 1994 SUMMARY: The applicants have requested a conditional use review to install a satellite dish at the Red Brick School for receiving and broadcasting purposes. A satellite dish is a conditional use in the Public zone district. Staff recommends approval of the conditional use with conditions. APPLICANT: KJAX public radio station as represented by Sy Coleman LOCATION: 110 East Hallam, Red Brick Community Arts and Recreation Center ZONING: Public APPLICANT'S REQUEST: Conditional use approval for a satellite dish. REFERRAL COMMENTS: Engineering: 1. A specific screening plan must be submitted. 2. The proposed location of the dish in on the public trail. STAFF COMMENTS: Proposal - KJAX, Aspen's public radio station, is a tenant of the Red Brick Community Arts and Recreation Center. During the discussions for rezoning the school property and identification of. the use of the building, KJAX was a strong participant in those deliberations. KJAX must use a satellite dish to receive transmission by National Public Radio, the "backbone of most public radio stations." This type of dish is the only one that will serve the purposes of the radio station. The dish will stand approximately 12' - 3 7/8" with a diameter of 121. The applicant proposes to place the dish behind the gymnasium of the building, next to the public trail that goes behind the gym, and connects to the public trail coming up from the Post Office. Two locations have been identified on the applicant's map: 1 - to the west of trail closer to the building; and 2 - on the other side of the trail which appears to be on the edge of the hillside above l E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: This conditional use review does not generate new employees. 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 proposed conditional use will comply with the other regulations of this chapter. RECOMMENDATION: Staff recommends approval of the conditional use for one, 12' - 3 7/8" high and 12' diameter, satellite dish for KJAX public radio station behind the Red Brick Community Arts and Recreation Center with. the following conditions: 1. The dish shall be located on the southwest side of the public trail behind the gymnasium of the Red Brick Community Arts and Recreation Center as close to the building as possible. 2. Prior to the City's permission to install the dish, a screening plan shall be submitted to the Planning Department for review and approval. 3. The applicant shall explore using a darker color on the dish to blend the dish with the background of the Red Brick building. ATTACHMENTS: I. Dish Location Map 2. Photo of Proposed Dish 3. Photo of Dish Location Behind Building 3 1-1 •�I ®rr