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HomeMy WebLinkAboutagenda.apz.19931005A G E N D A I ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING October 5, 1993, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall 0 • -Y'1V"1;4zW Commissioners Planning Staff Highlands Summary Public II. MINUTES III. PUBLIC HEARING A. 834 W. Hallam Landmark Designation, Amy Amidon B. Berger Conditional Use Review for an Accessory Dwelling Unit, Kim Johnson C. East Hopkins AH Rezoning, GMQS Exemption, Subdivision, Condominiumization, Special Review and Stream Margin Review, Kim Johnson D. McCoy Conditional Use Review for an Accessory Dwelling Unit, Leslie Lamont IV. WORKSESSION A. Resident Occupied (R.O.), Leslie Lamont & Cindy Houben V. NEW BUSINESS A. Ice Rink Contest - Short List 3-5 Names,. or Strong Recommendation for 1, Leslie Lamont MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: October 5, 1993 Regular Meeting - October 19 Chateau Eau C tream Margin --Review (KJ1 Site Visi t. Worksession - 210 Midland AH Project (KJ/ML) Training Video (LL) Regular Meeting - November 2 Kraut AH Subdivision & Text Amendment (LL) a.nex MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Amy Amidon, Historic Preservation Officer RE: 834 W. Hallam Street, Landmark Designation (Public Hearing) DATE: October 5, 1993 SUMMARY: Staff recommends P&Z approve -Landmark Designation of 834 W. Hallam Street, also known as Poppie's Bistro Cafe. The building was constructed in approximately 1889. It is listed on Aspen's "Inventory of Historic Sites and Structures." APPLICANT: Michael Hull and Earl Jones, owners. LOCATION: 834 W. Hallam Street, Lots K and L, Block 10, Hallam's Addition, City of Aspen. PREVIOUS BOARD ACTION: HPC voted 5-0 to approve Landmark Designation on September 22, 1993. PROCEDURE FOR REVIEW: Section 7-702 of the Aspen Land Use code defines the six standards for local Landmark Designation, requiring that the resource under consideration meet at least one of the following standards: A. Historical Importance: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado or the United States. Response: This standard is not met. (: if Architectural Importance: The structure or sitelects an architectural style that is unique, distinct or of traditional Aspen character. Response: The building is of traditional Victorian design. Most of the original detailing, including scalloped shingles, scroll brackets and turned porch posts and balusters are intact, as are much of the original materials and windows. Additions have been made to the east and north of the original structure. C. Architectural Importance: The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen. Response: This standard is not met. D. Architectural Importance: The structure is a significant work of an architect whose individual work has influenced the character of Aspen. Response: The architect is unknown, so therefore this standard is not met. E. Neighborhood Character: The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Response: There are no other landmarked or inventoriyed structures immediately adjacent to this parcel, and the neighborhood does not retain its historic character. F. Community Character: The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance. Response: Victorian residential architecture forms the bulk of- Aspen's historic resources. These buildings offer important information about Victorian building techniques and domestic life during the mining era. Recommended Motion: "I move to approve Landmark Designation of 834 W. Hallam Street, Lots K and L, Block 10, Hallam's Addition, City of Aspen, finding that standards B and F have been met." Additional Comments: Exhibits: A. Current photograph of 834 W. Hallam B. 834 W. Hallam as it appears on a bird's eye view of Aspen from 1893. Amol s 711 IN 14 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Berger Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: October 5, 1993 SUMMARY: The Planning Office recommends approval of the Berger Conditional Use for a 397 s.f. basement level accessory dwelling unit to be created within a new residence with conditions. APPLICANT: Bruce C. Berger represented by Dick Fallin LOCATION: 312 'Gillespie, easterly tract of the C.F. Murphy Subdivision Exemption ZONING: R-6 APPLICANT'S REQUEST: The applicant requests Conditional Use for the construction of a basement level accessory dwelling unit within a proposed residence in accordance with Ordinance 1 requirements. The 7,200 s. f . site is currently occupied by a small dwelling which will be demolished. This parcel, in common ownership with the lot to the west is on the historic landmark inventory because of the neighboring structure. Because the ADU is not 100% above grade the applicant is not eligible for an FAR bonus for the property. The applicant has submitted floor plan, elevation, and site drawings for the proposed ADU. See Exhibit "A". PROCESS: The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit. The HPC must review the demolition of the existing dwelling. REFERRAL COMMENTS: (complete referral memos are attached as Exhibit "B". Housing: The proposed unit must meet the requirements of Section 24-5-510 of the Aspen Municipal Code. It shall be between 300 and 700 square feet of net livable area, deed restricted to resident occupancy, and have minimum lease periods of 6 months. The deed restriction shall be approved by the Housing Office, recorded with the County Clerk, and proof of recordation forwarded to the Housing Office prior to issuance of any building permits for the site. Engineering: The historic parking for this and the neighboring property is located in the public right-of-way, which is not approved. The new structure shall provide on -site parking for both proposed free market bedrooms per code, as well as a parking space for the ADU. THere is sufficient room on the property to accommodate this requirement. Zoning: The window well within the side yard setback along the east side of the structure appears to exceed the UBC minimum egress requirements for the proposed unit (as well as the proposed the office space) . The applicant has three options: move the structure to the west so that the setback encroachment ceases; raise the structure so that the windows do not need to be excavated; or reduce the size of the windows to meet the UBC minimums within the setback area. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. 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: The accessory dwelling is compatible with the principal dwellings and other residential uses in the surrounding neighborhood. Staff recommends one parking space for the ADU because of a lack of parking on the adjoining parcel under the same ownership. 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: A parking space is not required by code for a studio accessory unit. However, Engineering and Planning staff recommend that a parking space be required on the site for the ADU for the following reasons: the current lack of legal parking spaces for this lot and the neighboring lot under the same ownership; the site is located on a 90 degree curve with limited overflow parking; the overall level of re -development on the parcel and the size of the �q site which can easily accommodate the ADU parking space. A parking plan proposal drawn by staff is attached as Exhibit "C". Regarding the window well / setback encroachment issue brought up by Zoning, staff recognizes that the only light entering this unit is from these two windows on the east wall. As Zoning pointed out, options available to the owner include: 1) moving this portion of the structure a few feet to the west to retain the proposed windows and window well configuration, or 2) raising the building to retain the windows and window well configuration (although the exact amount allowable would have to be determined through an exact calculation of building heights, or 3) reducing the window and window well area to meet the minimum UBC emergency egress requirements (which is the only way that setback encroachments are allowed for window wells). Planning does not recommend_ reduction of the window area as this would seriously impact the already limited amount of the natural light and ventilation for the ADU. Livability issues are more and more a topic of discussion for ADUs. Staff would like the Commission to seriously consider the first and second options listed above in order to find that the "design and operating characteristics" of the ADU are being met. A recommended condition of approval states this requirement. No other significant neighborhood impacts are anticipated. 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: All public facilities are already in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office and Housing Office prior to issuance of any building permits. 3 IN 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: If approved with the conditions recommended by staff, this use complies with the Aspen Area Comprehensive Plan for provision of sound, livable affordable housing units. STAFF RECOMMENDATION: Planning recommends approval of the Berger Conditional Use for a 397 s.f. basement level accessory dwelling unit with the following conditions: 1. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Office, 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. 3. A parking space for use by the Accessory Dwelling Unit shall be dedicated on the building permit site plan in addition to two spaces required for the two -bedroom free market dwelling. 4. The window and window well sizes for the Accessory Dwelling Unit shall not be reduced. The applicant may choose to eliminate the setback encroachment of the window wells by either moving the structure to the west or by raising the structure up to heights as allowed by the dimensional requirements of the R-6 zone district. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and Historic Preservation Committee shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move approve a Conditional Use for a 397 s.f. basement level accessory dwelling unit within the proposed. Berger residence at 312 W. Gillespie with the conditions recommended in the Planning Office memo dated 10/5/93." Exhibits: "A" - Proposed Site Plan, Floorplan, and Elevations "B" - Referral Memos "C" - Parking Scenario Proposed by Planning Staff 4 post4t, band OCT,05 '93 15:36 SUTHERLAND FALLIN P.1 FauTransmfttal Memo 7672 Today ba"It -4�Tlrm 57 Frei Tft MEN T4F,� Nit F ix . RI�I+ I Y? I/ Parking requirements for Berger ADU I would like to add a comment concerning on -site parking requirements in light of the information that the new structure will contain two bedrooms plus the .ADU. Since the original house already does not provide on -site parking spaces for its bedrooms, we recommend that the new structure be required to provide on -site parking spaces for all the bedrooms including the ADU. That is, the applicant should be required to provide three on -site parking spaces. There is sufficient room on the site to do this. ''J To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer &;-- Date: September 10, 1993 Re: Berger Conditional Use Review for Accessory Dwelling Unit Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Parking - The site appears to be lacking in parking for the current level of development. Please refer the application to the Zoning Department for comments on parking. One perking space on site per bedroom is required by Code. It does not appear appropriate to approve increased development on a site that is already deficient in on - site parking spaces. There is space on the site that could be used for parking. In the context of the Aspen Area Comprehensive Plan and the theory of "messy vitality," perhaps the applicant should first apply for an encroachment license for the existing personalized parking spaces that are located in the public right-of-way. Approving private parking spaces in the public right-of-way has not generally been approved. 2. Sidewalk - The project site is located in the West End of Aspen where sidewalks are not required but pedestrian usable sidewalk areas are required. Currently there is not a pedestrian usable space in the public right-of-way off of the pavement. Perhaps this right- of-way development plan should be reviewed by the Pedestrian Bikeway Plan committee that reviews such right-of-way development proposals. 3. Encroachments. - See "parking" discussion above. 4. Site Drainage - Storm runoff does not appear to be a problem at this site, however the applicant is advised to maintain roof and site drainage on site and not to convey the drainage to the public right-of-way. 5. Development in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-wav, 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). Approval of building permit plans does not constitute approval of design or work in the public right-of-way. cc: Bob Gish, Public Works Director MESSAGE DISPLAY TO Kim Johnson CC BILL DRUEDING CC STEPHEN KANIPE From: Bill Dru.eding Postmark: Sep 29,93 8:26 AM Subject: Reply to: Berger on Gillespie Reply text: From Bill Drueding: THE ISSUE OF THE NATURAL GRADE WHICH IMPACTS HIEGHT; FAR AND WINDOW WELLS HAS NOT BEEN RESOLVED. THE BALL IS IS DICK FALLIN'S COURT TO PROVIDE THE INFOORMATION NEEDED. WE NEED A PARKING PLAN. THE INFO I HAVE IS CONFUSING. THE 8.5 FT BY 18 DOES NOT APPEAR TO COMPLY..PARKING MUST BE ON THE PROPERTY, NOT ON ADJACENT OR CITY PROPERTY. Preceding message: From Kim Johnson: Has the issue of natural grade been worked out so that I can make any comments in my P&Z memo about the ADU / conformance with setback, FAR etc.? Also Bill, how about the lack of parking? I need to know asap because I have the urge to table this item anyway because of general lack of info... thanks. it -LEMORANDUN f f TO: Kim Johnson, Planning Office S i { I� f FROM: Cindy Christensen, Housing Office DATE: September 16, 1993 RE: BERGER CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 2735-121-19-001 After reviewing the above -referenced application, the Housing Office cannot approve the application as submitted. Per the plans of the accessory dwelling unit, it is impossible to tell if there is a separate entrance into the accessory dwelling unit. Pursuant to pursuant to Chapter 24, Section 3-101, Definitions, of the Cit of Aspen Municipal Code, accessory dwelling unit is defined as: Accessory dwelling unit means a separate dwelling unit that is located within or attached to a principal residence, having an entrance separate from the primary residence, or that is detached from a principal residence situated on the same parcel, containing not less than three hundred (300) nor more than seven hundred (700) square feet of allowable floor area An accessory dwelling unit shall be deed restricted to resident occupancy and shall not be a separate unit for density or sale purposes. Section 5-510, of the City of Aspen Municipal 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 ftoor 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 sic (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. Per the application, the unit does fall within the guidelines of this section. The Housing Office's requirement is for net liveable square feet as defined by below: Net Liveable Square Footaoe is calculated on interior living area and is measured interior wall to Interior wall, Including all interior partitions including, but not limited to, habitable basements and interior storage areas, closets and laundry area Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detach, patios, decks and porches. If aCqrivate entranc can be shown, all other criteria has been met. Prior to building permit approval, a signed and recorded Deed Restriction must be completed. This process could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. This form can be obtained in the Housing Office. 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T T dw ► • 21 -MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: East Hopkins Affordable Housing Project - Rezoning to AH (Affordable Housing), Subdivision and Condominiumization, GMQS Exemption for Affordable and Free Market Housing, Stream Margin Review, Special Reviews for Open Space and Parking, and Vested Rights (public hearing) DATE: October 5, 1993 SUMMARY: The Planning Office recommends approval of rezoning to AH, Subdivision and the associated reviews with conditions. APPLICANT: The Aspen/Pitkin Housing Office, represented by Dave Tolen. LOCATION: The 9,000 s.f. parcel is located at 1017 E. Hopkins (Lots F,G,and H, East Aspen Addition, and Lot 5 Block 5 of the Riverside Addition). The property currently contains a vacant single family structure which will be demolished. Please refer to the application booklet for the neighborhood map and existing conditions map. ZONING: The current zoning of the parcel (as well as the surrounding neighborhood) is R/MF Residential Multi -Family. The requested zoning is AH (Affordable Housing). APPLICANT'S PROPOSAL: The development will contain a four-plex structure with two units accessing from E. Hopkins and two units accessing from the alley between E. Hopkins and E. Hyman. Total FAR on the site will be 8,550 s.f., or .95:1 Open space per the code definition will be 36%, or 3,270 s.f.. The three -bedroom units will be family oriented sales units, deed restricted to Category 4. A two garage will b p ovided for each unit. The dimensional statistics of the project are located on pages 5-6 of the application booklet. PROCESS: Because of the relative simplicity of the development and the extensive neighborhood input on this project to date, the process for review will be two steps: Step 1 - P&Z Rezoning to AH, Subdivision, and GMQS Exemption for Affordable Housing as recommendations to City Council; final decision on Stream Margin review and Special Reviews for parking and open space. (public hearing) 1 I Step 2 -Council Final decision on Rezoning to AH, Subdivision and Condominiumization, GMQS Exemption, and Vested Rights. (public hearing) The Public Project Review Group (PPRG) will also meet prior to P&Z to formulate some architectural standards to help ensure an attractive development compatible with the surrounding neighborhood. REFERRAL COMMENTS: The Planning Office received referral comments from the following departments. Complete referral memos are attached as Exhibit "A" with summaries as follows: Engineering: 1) Prior the issuance of any building permits, the applicant must submit to and receive approval by Engineering of a storm drainage plan. 2) The Final Plat and site plan for building permit must include trash storage locations, a 41x4I utility pedestal easement adjacent to the alley, final design of any features located in the public right-of-way (eg. sidewalk, curb/gutter, driveways), and final design of alley access. 3) Prior to the issuance of any building permits or the sign -off by Engineering on the Final Plat (whichever comes first), a new alley access agreement signed by all parties and beneficiaries of the original access agreement must be executed. The new agreement shall be indicated on'the condominium plat. 4) Street drainage must be accommodated where the project reconfigures the pavement and adds curb and gutter. 5) The proposed parking plan satisfies Engineering. Fire Marshall: Snow removal problems and vehicle congestion in that neighborhood have been a concern in the past for emergency response. Parks: 1) A final landscape plan needs to be submitted to Parks no less than three weeks prior to submission of final plat mylars in order to allow adequate review time by Parks staff. 2) Prior to issuance of any building permits, tree removal permits are required for all trees over six inches caliper, measured 4.5' above grade. Sanitation District: 1) Adequate collection and treatment capacity serve this proposed development. 2 2) A new 6" service line may be required to replace the existing 4" pipe. 3) A shared service agreement must be executed and all applicable connection charges must be paid prior to actual connection onto the system. Environmental Health: No apparent concerns. Streets: It appears that -street conditions and snow removal concerns have been addressed with this application. The condo association will be responsible for clearing plowed snow in front of the project - it cannot be pushed back into the street. ----------------------------- STAFF COMMENTS: Rezoning from R-15 (PUD) to AH (Affordable Housing) (PUD): The criteria for rezoning contained in Section 7-1101 of the land use regulations is attached as Exhibit "B". In summary, this proposal fully complies with the housing goals set forth in the Aspen Area Community Plan as well as the purposes and goals of the AH Affordable Housing Zone district. Based on application of the review criteria, staff recommends rezoning the East Hopkins parcel to AH (Affordable Housing) concurrent with approval of Final Subdivision, GMQS Exemption, and the associated reviews. SUBDIVISION: Pursuant to Section 24-7-1004 of the Aspen Municipal Code, a development application for subdivision review shall comply with the following general requirements. The technical aspects of the subdivision review are attached as Exhibit "D". In summary, staff finds that the proposed subdivision meets the requirements of the code as they specifically apply to multi -family dwellings. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. response: The proposed subdivision is consistent with the development and housing goals adopted within the Aspen Area Community Plan adopted in early 1993. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. response: The townhome configuration is consistent with the surrounding RM-F zoning and predominance of multi -family structures along E. Hopkins. An earlier site design including three duplex 3 3 structures was ruled unfavorable by neighbors who preferred one consolidated structure. C. The proposed subdivision shall not adversely affect the future development of surrounding areas. response: There are still a few developable parcels in the direct vicinity, including,the large 5 lot tract directly west of the subject property. The proposal will not affect these future developments. d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. response: The proposal is following through with all required land use and technical approvals. All conditions of approval must be addressed before recordation of development documents of prior to issuance of building permits, whichever is applicable. GMQS EXEMPTION FOR AFFORDABLE HOUSING IN AN AH (AFFORDABLE HOUSING) ZONE DISTRICT: Pursuant to Section 8-104 C.1(c) the Council shall exempt deed restricted housing that is provided in accordance with the housing guidelines. The Commission shall review and make a recommendation to Council regarding the housing package. According to the Code, the review of any request for exemption of housing pursuant to this section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Response: The Housing Office and Planning staff have been involved in three neighborhood meetings and three Housing Board meetings to arrive at the three bedroom configuration and Category-4 deed restriction for the units. They will be family -oriented sales units, which relieved fears from the neighborhood that the units will be over -crowded "crash pads". SPECIAL REVIEW FOR OPEN SPACE AND PARKING IN AN AH (AFFORDABLE HOUSING) ZONE DISTRICT: Whenever the dimensional requirements of a proposed development are subject to Special Review, the development application shall only be approved if the following conditions are met. Sections 7-404.A.1 and 2: (oven space) 1. The mass, height, density, configuration, amount of open 4 space, landscaping and setbacks of .the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying Zone'District. response: Overall open space on the site is listed as 36%, most of.which is side yard areas. The site plan shows a substantial side yard on the east and limited side yard on the west. The difficulty for garage access caused by the steep slope on E. Hopkins does not allow for more luxurious front yard open space. Small corner yards are available to the alley facing units. Proposed heights and setbacks meet or exceed those required by the AH zone district without Special Review approval. Density of the proposal is well under that allowed by zoning Please refer to pages 5-6 of the application for development data. A final landscaping plan is required for Parks Department's sign off prior to approval of -a final plat. Several large evergreens will be lost during redevelopment, but the row of trees on the eastern portion of the site will be saved as well as two smaller trees on the southwest corner. Because of limited flat open area on the site, Planning recommends that much of the remaining areas be left open for individual gardening spaces or lawns as determined by the future owners. The E. Hopkins elevations of the townhome buildings are well articulated to provide visual interest and lessen the bulk of the structures. The alley units present a more monolithic facade at this time. Side elevations are well punctuated with windows and porch overhangs. Final materials sections, colors and other details will be made with assistance from the PPRG. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated viewplane. response: There are no viewplane impacts with this proposal. The street condition and parking problem on E. Hopkins will be improved by the widening and curb/gutter installation. The Streets Department Director commented that the condo association must be responsible for removing snow plowed from the street. Property owners are already required by law to keep sidewalks cleared of snow during the winter. The townhomes comply with the parking requirement for the AH zone (not to exceed 2 spaces per unit). Given the proximity to the downtown employment center and family orientation of the units, this parking situation suits Engineering and Planning. 7-404.B.2: (parking) 2. In all other zone districts where the off street parking requirements are subject to establishment or reduction by 5 S special review, 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: As mentioned above, two garage parking spaces per unit is adequate given the location of the development and the family orientation of the units. Stream Margin Review: This project lies within 100 feet of the high water line of the Roaring Fork River. Another structure (a single family residence) is located between this site and the river. However, the stream margin exemption category does not waive review for developments such as E. Hopkins AH which fall into this unique situation. Therefore, staff reports the following responses to the stream margin criteria: 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. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. response: As shown on the colored flood plain map in the application,*this development is located completely outside of the identified f loodplain. 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: As this property is not directly within the river greenway corridor, it cannot supply a trail for that purpose. However, this project does commit to constructing a sidewalk in front of its property within the E. Hopkins right-of-way which leads to the pedestrian bridge approximately 100' to the east. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. response: Specific to vegetation, this project is retaining several medium sized trees along its east side and two at the southwest corner. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. response: This criteria does not apply. S. To the greatest extent practicable, the proposed development 6 MAI reduces pollution and interference with the natural changes of the river, stream or other tributary. response: As no work is being done adjacent to the river this criteria does not apply. Street drainage runs west towards an inlet near Cleveland St. G. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. response: This criteria does not apply. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. response: This criteria does not apply. S. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. response: This criteria does not apply. STAFF RECOMMENDATION: The Planning Office recommends approval of rezoning the subject parcel from RM-F (Residential Multi -Family) to AH (Affordable Housing) . The Planning Office also recommends approval of the East Hopkins Affordable Housing project's Subdivision / Condominiumization, Special Reviews for Open Space and Parking in the AH zone, and GMQS Exemption for the four affordable townhomes as presented in the application text and drawings. The following conditions shall apply: 1. The applicant shall consult the City Engineer for design considerations for development in the right-of-way. Permits are required from the Streets Department for any work, including landscaping, within the right-of-way. 2. Prior to recordation of the Subdivision Improvements Agreement, Final PUD Plan and Subdivision Plat, the Master Deed Restriction for the deed restricted townhomes and lot shall be recorded with the County Clerk. Prior to sale of any deed restricted property, the buyer shall execute a Memorandum of Acceptance of the deed restriction. 3. A tree removal permit is required prior to issuance of any excavation or building permits. 4. Prior the issuance of any building permits, the applicant must submit to and receive approval by Engineering of a storm drainage plan. FA 5. The Final Plat and site plan for building permit must include trash storage locations, a 4'x4' utility pedestal easement adjacent to the alley, final design of any features located in the public right-of-way (eg. sidewalk, curb/gutter, driveways), and final design of alley access. 6. Prior to the issuance of any building permits or the sign - off by Engineering on the Final Plat (whichever comes first), a new alley access agreement signed by all parties and beneficiaries of the original access agreement must be executed. The new agreement shall be indicated on the condominium plat. 7. Street drainage must be accommodated where the project reconfigures the pavement and adds curb and gutter. 8. The Final PUD Development Plan, Subdivision Agreement and Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the Plat within a period of one hundred and eighty (180) days following approval by the City Council may render the Plat invalid. 9. All material representations made by the applicant within the application, at hearings before the Planning and Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. Exhibits: Application Booklet "A" - Complete Referral Memos "B" - Rezoning Review Criteria "C" - Subdivision Review Criteria PLANNING i ONING COMMISSION EXHIBIT , APPROVED 19 BY SOLUTION • MESSAGE DISPLAY Kim Johnson From: Chuck Roth Postmark: Sep 29,93 10:00 AM Subject: East Hopkins Affordable Housing Message: I would like to modify the discussion about access using the alley or the easement to require that this access be resolved prior to signing the plat or prior to obtaining a building permit, whichever occurs first. Thank you. A r MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer ele, Date: September 20, 1993 Re: East Hopkins Affordable Housing Development Rezoning, GMQS Exemption, Subdivision, Stream Margin Review, Condom iniumization and Special Review ---------------------------------------------------------------------------------------------------------------- Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: Rezoning 1. As represented in the application, the rezoning would not result in adverse impacts on traffic generation, road safety, utilities and drainage. This neighborhood is already zoned for similarly high density uses. According to the Planning Office, the change in zoning would not increase the allowable number of bedrooms and therefore not increase the allowable number of vehicle trips that the proposed development of the property can be anticipated to produce. Subdivision & Condominiumization 1. Prior to issuance of a building permit, the applicant shall submit the following: a. A storm runoff mitigation plan to the Engineering Department that meets the requirement of Section 24-7-1004-C-4(f) of the Municipal Code; b. A development plan that shows the following: (1) The trash storage locations (They may not be located in the public. rights-of-way.); (2) A 4'x4' utility pedestal easement adjacent to the alley for any new pedestals that may be required to serve the project; (3) The final design of the sidewalk, curb and gutter, and any other features, such as driveways, intended to he located in the public right-of-way; and (4) The final design of the access via the alley. c. An new agreement signed by all parties and beneficiaries of the original access easement. The new agreement must extinguish or modify the existing access agreement in conjunction with permitting and providing access to the Housing Authority site via the alley right-of-way. Note that the alley is currently being "opened" to 1014 East Hyman Avenue. The alley will not be opened to the subject site until the existing easement agreement has been extinguished or modified to the satisfaction of all parties. This is to protect property owners adjacent to the existing access easement from having the general public drive down the alley then out to the street through the access easement. 2. Sidewalk, Curb and Gutter - The City would typically require installation of concrete sidewalk prior to issuance of a certificate of occupancy for the buildings. In similar situations, the City might not require construction of curb and gutter prior to C.O., in lieu of which an agreement to construct curb and gutter, and associated asphalt work, would he required. The applicant has offered to construct curb and gutter at the time of construction, prior to C.O. Doing so will require widening of Hopkins Avenue in order to provide the standard curb -to -curb pavement widths (40'). This will widen Hopkins considerably from its current paved width. It will improve the neighborhood by providing a 90' long section of street that is properly designed and constructed with proper vehicle travel lane widths and parking. However, the applicant would also need to mitigate street drainage. 3. Condominium Plat - Prior the sale of any unit, a condominium plat meeting the requirements of Section 24-7-1004 of the Municipal Code shall he recorded. A few specific details are as follows: a. The access easement and modifying easement must he indicated on the final Plat. b. Indicate a 4'x4' utility pedestal adjacent to the alley right-of-way. 4. 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. Stream Margin Review 1. The application statements concerning Stream Margin Review appear to be complete. The discussion in paragraph 3 appears to be sketchy. Any landscaping in the public right- of-way must be proposed in the final development plan and subject to final review at that time by the City. The final landscaping plan may relate to the existing access easement which needs to be extinguished or modified, which may be accomplished with landscaping. Special Review for Reduction in Parking 1. Given the closeness of the site to the commercial core, the availability of public transportation, and the employee housing use which may result in fewer cars per bedroom due to the previous reasons as well as the possible use by families with children who don't own automobiles, the Engineering Department recommends that the reduction in parking be approved. Other 1. The applicant shall agree to join any improvement districts formed for the purpose of constructing improvements in the public right-of-way 2. Given the continuous problems of unapproved work and development in public rights - of -way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, perks department (920-5120) for vegetation species, and shall ohtain permits for any work or development, including landscaping, within puhlic rights -of -way from city streets department (920-51 0). cc: Boh Gish, Puhlic Works Director mi MESSAGE DISPLAY `O KIM JOHNSON From: Wayne Vandemark Postmark: Aug 26,93 10:45 AM Status: Urgent Subject: EAST HOPKINS AFFORDABLE ---------------------------------------------------------- ------ ------ Message: KIM, THE AREA NEEDS SOOM ATTENTION REGARDING FIRE DEPT ACCESS. THE STREET BOTTLE NECKS IN THE AREA AND CARS ARE PARKED ON BOTH SIDES. WE HAVE BEEN OVER IN THE AREA IN THE WINTER AND ALSO IN SUMMER. THE PROBLEM REMAINS THE SAME ALTHOUGH A LITTLE TOUGHER IN WINTER. SNOW REMOVAL WAS NOT ADEQUATE BECAUSE OF THE VEHICLES. WE MIGHT WANT TO SEND OUR WORLD FAMOU ENGINEER OVER TO SEE WHAT COULD BE DONE. r ' - _ t - the +ra en t kime 0ficient vastewater, ant and zoo l+ac to rve► pia devel opmen.t - _ _ _ :' .� The applicant's n�4ginazs d cal cu1�l� tht-peak wastewater flows to determine if the e 3 ' CIS elder, line serving the present l of -vi 11 -be adequate to serve = is .Pro ject-'P or. if a new 6" service line will jwed be,;im tallad -to;fir amain dine in-8opkina street. e 4Zistiag -fir" CIP toulz _ ! - 4nds'eii to determine the condition of the pipe as A shared service agreement -will have to be -executed on standard -District form, which is Availzbl* W-4 Y�at y Mill St., 4md all '-appl icAl a total connection zharges must ,be .PT to the .District before will all:M our" _ Sys _ _ - • � iris'*.- ^� ;- 4-34PBinc el- - ION Jr r_ omas Bracew i -Coll*eti•on sy st tip - t erect at y y r MEMORANDUM To: Kim Johnson, Planning Office From. Chris Chiola, Environmental Health Department 91�'6 Date: September 15, 1993 Re: East Hopkins Affordable Housing Development Rezoning, GMQS Exemption, Subdivision, Stream Margin Review, Condominiumization and Special Review Parcel ID #2737-181-11-002 ---------------------------------------------------------------- ---------------------------------------------------------------- The Aspen/Pitkin Environmental Health Department has reviewed the above -mentioned land use submittal under authority of the Pitkin County Code, Title II, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: The application indicates that the project lies within the Aspen Consolidated Sanitation District and that the District has enough capacity to handle increased flows from this project. This meets the requirements of this Department. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: The Aspen Water Department will be able to provide adequate water to the project. WATER OUALITY IMPACTS: Sections 2-22 and 5-107.2: There are no concerns of this Department in this area. AIR QUALITY: Sections 2-17 and 5-106: This project must meet the requirements of City Ordinances regulating the installation of gas log fireplaces. Permits must be obtained from this office and approved. MEMO To: RIM JOHNSON From: JACK REID Date: September 13, 1993 Subject: East Hopkins, Affordable Housing review The areas of my concern are the street itself and snow storage. It appears, from the plan, that those concerns have been addressed satisfactorily. The street will be wider, allowing better movement for cars in the area, including room to turn around; a major problem in the past. When E. Hopkins is plowed, it is plowed'to the sides. We only remove snow in the commercial core area. We occasionally remove snow from the residential areas, but only when there is such a build-up that safety or traffic flow become an issue. It is important that the management of this development know this, that they may make plans to keep their entrance clean. Snow plowed from the street may not be put back on the street and must be stored on one's own property. If that build-up becomes too much, they are responsible for hauling it away. \`1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner RE:' McCoy Conditional Use Review DATE: October 5, 1993 SUMMARY: The applicant proposes to construct a single family home with an attached accessory dwelling unit. Staff recommends denial of the conditional use for an accessory dwelling unit. APPLICANT: McCoy Creative Construction LOCATION: 332 West Smuggler, Aspen ZONING: R-6 APPLICANT'S REQUEST: To provide an attached studio accessory dwelling unit pursuant to Ordinance 1 requirements. REFERRAL COMMENTS: Please see attached referral comments from the Engineering Department and the Housing Office. STAFF COMMENTS: Conditional Use Review — Pursuant to Section 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 proposed accessory dwelling unit is a below grade unit. The size of the unit was not included in the application but staff estimates the unit is 468 square feet of net liveable. This should be verified by the Housing Authority. 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 residents of Pitkin County. Although the provision of an accessory dwelling unit is consistent with the city's policy to encourage voluntary development of affordable housing in all neighborhoods, staff believes that this unit is not consistent with the goals of the ADU program. According to the submitted plans the access to the mechanical room for the entire dwelling -is through the ADU. Also the stairwell accessing the dwelling unit is not protected from snow shedding -off the roof. Finally, the only natural light and air is provided by the front door to the ADU (which is 3'-3" wide) and a side window (which is 4'-8.5" wide and 4' tall). During the pre -application conference staff recommended that the architect move the mechanical room out of the dwelling unit and to protect the stairwell from snow shedding. In the past, the Commission has expressed a concern about accessing ADU's via mechanical rooms or storage rooms and the need to protect below grade units from shedding snow. The applicant chose not to correct these items. 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 surrounding neighborhood is entirely residential. The accessory dwelling unit is attached to the proposed single- family residence. Many accessory dwelling units have been proposed and approved for this neighborhood. However, adjacent residents question whether the single-family home may have been designed in a less impactive manner if the ADU was not accommodated in the plans. Please see attached letter. 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 attached accessory dwelling unit is accessed off of the alley. The primary residence includes four bedrooms and although four parking spaces appear to be provided on the property the garage spaces do not meet the 18' requirement of the Code. The neighbors contend that access off of the alley to the second unit, without parking for the ADU, will have a negative impact on their residence directly across the alley. As stated above, the design of the unit to include the mechanical room, potential snow shedding, and lack of natural light and air are operating characteristics of the proposed conditional use that may have adverse effects on the occupant of that unit. ADU's are intended to be occupied, hopefully on a year round basis. Staff believes that the goal of ADU review is to ensure that quality dwelling units are provided. 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: A single family residence occupied the site. No new services are required for the primary residence and an 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 proposal includes a studio accessory dwelling unit for employees of Pitkin County. An increase in employees is not expected by the provision of an accessory dwelling 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 meets the requirements of the Aspen Area Community Plan and other requirements of this chapter by attempting to integrate a community housing need into the redevelopment of the property. However, staff does not believe that this attempt is the type of affordable housing that should be encouraged. Ordinance 1 provides two alternatives for mitigating employee housing requirements: provide an ADU or make a cash -in - lieu payment. Staff and the Commission continue to review ADUs in order to make sure that the unit is a quality dwelling unit and to notify surrounding residents of the potential density increase in their neighborhood. Staff recommends that the applicant comply with Ordinance 1 with a cash -in -lieu payment to the housing fund which shall be paid prior to the issuance of any building permits, which is estimated to be $16,735. RECOMMENDATION: Staff recommends denial of the conditional use for the attached accessory dwelling unit for the following reasons: 1. The operating characteristics of the proposed accessory dwelling unit have not been well designed to minimize adverse impacts on the occupant of this unit, and, occupancy is the intended purpose of the ADU program. 2. The provision of the ADU does not meet the goals of the AACP to provide quality affordable housing. A cash -in -lieu payment would more effectively meet the community's goals for affordable housing. RECOMMENDED MOTION: "I move to deny the accessory dwelling unit proposed for 332 West Smuggler finding that it does not comply with standards A and C." ATTACHMENTS: A. Referral Comments B. Site Plan C. Citizen Letters 3 3 MEMORANDUM SEP 11993 Leslie Lamont, Planning Office -� FROM: Cindy Christensen, Housing Office DATE: September 16, 1993 RE: McCOY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 2735-124-15-001 The Housing Office cannot at this time approve this application as submitted. Per the plans submitted for the accessory dwelling unit, the mechanical room for the entire residence is located in this unit. One of the requirements for accessory dwelling units is to have a private area from the principal residence. Should this mechanical room be moved to another location outside of the accessory dwelling unit, the unit must following the conditions pursuant to Chapter 24, Section 5-510, of the City of Aspen Municipal 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 floor area requirement is for net liveable square feet as defined by the Housing Office below: Net Uveabie Square Footage is calculated on interior living area and is measured interior wall to Interior wall, including all Interior partitions including, but not limited to, habitable basements and interior storage areas, closets and laundry area Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. Should this unit be approved, prior to building permit approval, a signed and recorded Deed Restriction must be completed. This process could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. This deed restriction can be obtained from the Housing Office. \word\referral\mccoy.adu 5. Utilities - If new utility pedestals are required for the project, they must be located on the applicant's property and not in the public right-of-way. 6. Site Drainage - If the ADU would increase storm runoff into public rights -of -way, the increases would need to be mitigated on site. I-t is not a City requirement for this development to mitigate its storm runoff on site, however roof drains may not daylight into streets or alleys. 7. Development in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) 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). Approval of building permit plans does not constitute approval of design or work in the public right-of-way. cc: Boh Gish, Public Works Director ax MEMORANDUM To: Leslie Lamont From: Chuck Roth, City Engineer e-41e— Date: September 29, 1993 Re: McCoy Conditional Use Review for Accessory Dwelling Unit Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Parking - The parking spaces in the garage plans are not dimensioned. Using a scale, it appears that there is not the 18' length required by Code. The spaces alongside the alley are not clearly indicated although it appears that there is sufficient room for them. The building permit site plan must indicate the locations and dimensions of all parking spaces. The minimum code requirement is 8 1/2' x 18' x 7' high for head -in spaces. The space(s) may not encroach (extend) into the alley. 2. Sidewalk - The project site is located in the West End of Aspen where sidewalks are not required but pedestrian usable sidewalk areas are required. The right-of-way space between the property line and the street currently is about half usable by pedestrians, and no development is indicated on the development plans which would preclude pedestrian use within that space. The existing spruce trees must be pruned up to a height of seven feet in order to provide a five foot wide pedestrian space in the public right-of-way between the curb and the property line. The final development plan must show the pedestrian space on both Third and Smuggler Streets. 3. Encroachments The application contents do not include a site improvement survey. There is a concrete wall which may or may not extend into the alley public right-of-way. If the wall extends into the right-of-way, it must be removed at the time of development, or the applicant may apply for an encroachment license from the City at the Engineering Department. 4. Trash - The plan does not indicate a trash storage area. The building permit application plans must indicate a trash storage area on the applicant's property and not in the alley Tight -of -way. A Potion OPPOSING the McCoy Appiicafion for a Basement Accessory Dwelling Unit at 322 W. SmugOer We, the undersigned, oppose the aWffcadbn of URan and 3oseph WCoy for an accessory diftiling unit In the basement of a proposed new dwelling at 322 W. Smuggler-, on a 6200 sq. ft. lot. We oppose it under Clause C. of Review Standards: Development of CondudOM Use, for the following ems- 1. The proposed house is on a snag lot of 6200 sq. fit. The destgn uses e le of agal mct of F erk 3260 sq. ft_ above ground, as well as the maximurn height iknt The addition unit In the basement; with ac+ote only from the aft. would fiurdwr crowd the properly. The proposed Items, With these dimensions, slgnificandy impacts OW visual penPecUVC of the 2. The calretalw infit doesn't legally require addi kraal on -site paring --this w 1l additionally crowd the neighbor hood, with on -street parking being fused. 3. The McCoy's now own three (3) cars, plus one (i) sue limousine, one (1) truck and two (2) motorcydes. The addition of a caretaker unit, with more aut+cx *A4es, will only contribute to the traffic congestion and noise poRution in our area, as well as raise a dust storm from the alley during the sunnner. With Aspen suffering from pwticulate polintkm, tins is an unnecessary source_ 4. The adddon of a car-eaker unit, with Its enrance only a nWntal dstanae (across the alley) from the Block's bedroom window, at 311 W. North, is also a major source of noise pollution. Name Address Marne Address Wko IuAx- fit~ 2-fa. L TOTAL P.04 A Petition OPPOSING the McCoy Application for a Basement Accessory Dwelling Unit at 322 W. Smuggler We, the undersigned, oppose the application of Lillian and Joseph McCoy for an accessory dwelling unit In the basement of a proposed new dwelling at 322 W. Smuggler; on a 6200 sq. ft. lot. We oppose it under clause C, of Review Standards: Development of Conditional Use, for the following reasons. 1. The proposed house is on a small lot of 6200 sq. ft. The design uses up the legal limit of FAR, 3260 sq. ft. above ground, as well as the maximum height limit. The addition of a caretaker unit In the basement, with access only from the alley, would further crowd the property. The proposed home, with these dimensions, significantly impacts the visual perspective of the neighborhood. 2. The caretaker unit doesn't legally require additional on -site parking ---this will additionally crowd the neighborhood, with on -street parking being used. 3. The McCoy's now own three (3) cars, plus one ( 1 ) stretch limousine, one (1) truck and two (2 ) motorcycles. The addition of a caretaker unit, with more automobiles, will only contribute to the traffic congestion and noise pollution In our area, as well as raise a dust storm from the alley during the summer. With Aspen suffering from particulate pollution, this is an unnecessary source. 4. The addition of a caretaker unit, with its entrance only a minimal distance (across the alley) from the Block's bedroom window, at 311 W. North, is also a major source of noise pollution. Address Name Address 3� i w • N&7t@�, ko yl�f - LyC qc v� S� �+P►t ems. ................ A Petition OPPOSING the McCoy Application for a Basement Accessory Dwelling Unit at 322 W. Smuggler We, the undersigned, oppose the application of Lillian and Joseph McCoy for an accessory dwelling unit In the basement of a proposed new dwelling at 322 W. Smuggler; on a 6200 sq. ft. lot. We oppose it under clause C, of Review Standards: Development of Conditional Use, for the following reasons. 1. The proposed house is on a small lot of 6200 sq. ft. The design uses up the legal limit of FAR, 3260 sq. ft. above ground, as well as the maximum height limit. The addition of a caretaker unit In the basement, with access only from the alley, would further crowd the property. The proposed home, with these dimensions, significantly impacts the visual perspective of the neighborhood. 2. The caretaker unit doesn't legally require additional on -site parking ---this will additionally crowd the neighborhood, with on -street parking being used. 3. The McCoy's now own three (3) cars, plus one (1) stretch limousine, one (1) truck and two (2 ) motorcycles. The addition of a caretaker unit, with more automobiles, will only contribute to the traffic congestion and noise pollution in our area, as well as raise a dust storm from the alley during the summer. With Aspen suffering from particulate pollution, this is an unnecessary source. 4. The addition of a caretaker unit, with its entrance only a minimal distance (across the alley) from the Block's bedroom window, at 311 W. North, is also a major source of noise pollution. Name dress Name st -ter Address J repository of Aspen's residential past. For us, "home" and "real estate" do not have the same meaning. Scale is a part of the West End's character and it is becoming increasingly difficult to maintain in light of pressures 'from escalating land costs and huge profit potential. 1 believe it is contingent upon your commission to stand for those values that preserve the integrity of this very special neighborhood. Sincerely, Di mitri G. Perros (/ ... A • P4,v� Diane D. Perros CONDITIONS OF APPROVAL FOR THE MCCOY ADU RECOMMENDATION: Staff recommends approval of the conditional use for the attached accessory dwelling unit with the following conditions prior to the issuance of any building permits: 1. The applicant shall submit the appropriate deed restriction to the Housing Authority for review, upon approval of the deed restriction, the deed shall be recorded with the Pitkin County Clerk, Recorders Office and 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. 2. The mechanical room shall be removed from the ADU. 3. The roof shall be revised to prevent snow from shedding into the stairwell. 4. number of light wells shall be added to the ADU. 5. The applicant shall submit a revised site plan to the Planning Department depicting the following the revised floor plan, roof plan, and elevations indicating the new light wells. 6. The applicant shall work with the Parks Department to mitigate the removal of the tree greater than 6" in caliper. 7. Parking spaces for the primary residence shall meet Code. 8. The adu shall conform with UBC sound attenuation requirements. 9. A pedestrian walking space shall be provide along Third and Smuggler Streets. 10. A site plan shall be submitted to determine whether a concrete wall encroaches into the alley. An encroachment licence may be necessary or removal of the wall. . 311 W. North Street, Aspen, CO, 81611-1350 September 22, 1993 Aspen Planning & Zoning Commission Attention: Ms. Leslie Lamont City Hall, 130 S. Galena St Aspen, CO 81611 Dear Zoning Commissioners: (303) 925-7743 This letter is to oppose the application submitted by the McCoy's for the accessory dwelling unit located in the basement of a new residence proposed at 322 W. Smuggler St., Aspen, CO 81611. The Review Standards: Development of a Conditional Use, Section C, emphasizes that minimal adverse effects on the surrounding properties should be present. The current design, submitted with the application for Conditional Use, has the following impacts on our residence: • The entry door to the proposed basement unit is just across the alley from our bedroom, with a minimum setback. The noise generated would be most disturbing, and unnecessary. • The owners of the property, the McCoy's, who have personally told us that they will live in the new residence, currently own 1 stretch limousine, 3 cars, 1 truck and 2 motorcycles. The addition of a caretaker unit, which does not require an additional parking space, but will, in practice, bring additional automobiles to the alley, will have an enormous noise impact on our home. In particular, Mr. McCoy has proposed to us that he wants to black top the alley, in order to make his vehicular access easier. He even stated that the reason he's leaving his present home on 3rd Street is to have an alley to park his cars and work on them. We find that this use, plus having a caretaker unit (since it's in the basement, with inadequate lighting and access, we hesitate to call the proposed unit a caretaker apartment) results in too high a density of traffic and noise in our neighborhood. A study of the present, existing uses of the alley would reveal that no present owners use it for more than garbage disposal, and that present vehicular use is that of the garbage truck. The opening up of the alley for vehicular use would encourage use of it in the summer as a normal city street, which it clearly is not. Further, in the winter, access to the alley is very difficult, due to snow pileup, plowing, etc. Since the entrance to the proposed caretaker unit is from the alley, this would further add to the parking congestion on the streets. The on -site facilities would NOT be used during that period. If the caretaker unit were moved above ground, separate from the main house, with an entrance from the street, and not the alley, with a parking space on the site for this unit, in addition to the normal parking requirements for the main house, which would effectively reduce the size of the house, and hence the visual, as well as the noise impacts on the neighborhood, we would support the application. However, what we perceive is an attempt to build a house to the legal property lines, maximum height limits and maximum FAR, and, get away with: a) one less parking space than normally required, b) avoid paying about $20,000 that would be required for 'in -lieu of for employee housing, c) a larger dwelling than otherwise would be legally required. He gains all of this by simply building a basement that he never has to rent. This results in a much larger house than legally would have been allowed on a small lot (6200 sq. ft.), as well as a far -cheaper one. We would like to note a quotation by Samuel Butler: When the righteous man turneth away from his righteousness that he hath committed and doeth that which is neither quite lawful nor quite right, he will generally be found to have gained in amiability what he has lost in holiness. --Samuel Butler We hope Mr. McCoy is now rather amiable. In summary, we strongly oppose the Conditional Use, as a subterfuge and a blight on the neighborhood. The McCoy's are speculators, who will wreck the West End, if left alone. As evidence, we submit the enclosed real estate ad from the Aspen Times, which describes the present home, and the proposed construction. Clearly, they are in it for financial gain, and not residency. We plead with the Aspen Planning and Zoning Commission to reject the request for Conditional Use, and close with yet another quotation, this one from Gandhi: A "No" uttered from deepest conviction is better and greater than a "Yes" merely uttered to please, or what is worse, to avoid trouble. --Mahatma Gandhi Sincerely, je lock aifc�., `3/ Martin M. Block L, ♦ a s ♦ •' .+vim w5 �:'r4.- , {' 4 _ _ f a '!i61� - `C-4./�►'y6`�`+k,t�. +ems: ; �, - - �- .`.''`— _ .--• .. -e rt h-t '., 1. _ - y— .► - r•_♦ ^ a .may- ..}� it - Tie - - -� • _ aINC- t •k A 280 Lake Menue, Aspen, CO. 01611 (303)925-2915 September 27, 1993 Aspen Planning and Zoning Commission Attention- Ms. Leslie Lamont City Mall, 130 S. Galena St. Aspen, Co. 81611 Dear Zoning Commissioners: This letter is written to oppose the approval for the accessory dwelling unit as submitted in the application for a new residence at 322 W, Smuggler St., Aspen, Co. We built a home at 280 Lake Avenue in 1991 are are well -aware of the regulations governing accessory dwellings, parking spaces, payments in lieu of employee housing, etc. While the specific requirements may have changed since then, surely the spirit of the law which inspired them has not. Standards hinge on "minimal adverse effects" on the neighborhood and, in this case, they clearly are not being met. My understanding is that the approval of the application will result in a basement caretaker unit with access from the alley and which does not require an additional parking space. This fact, coupled with the large vehicular fleet owned by the McCoys, will surely have more then "minimal adverse effects." It will clog the alley and exacerbate the parking problems that already exist in the West End. I also draw your attention to the ads which have appeared in the Aspen Times advertising the future house for sale! If this is to be viewed as a speculative venture, rather than a residency, then that is even more reason to deny the aoication since profit alone has been the deciding factor in the applicant's design considerations. A builder who is building a structure with the intent of selling it will certainly try to go for maximum square footage without considering such profitless intangibles as "the good of the neighborhood." Since the law does not require that the unit be used for employes housing, this application represents the most obvious way to maximize square footage without paying the in lieu of fee, The West End has a certain character which is of great value to those of us who have chosen to live there. It is the most important MEMORANDUM TO: Kim Johnson, Planning Office FROM: Rebecca Baker, Parks Department)CE�. DATE: September 24, 1993 RE: East Hopkins Affordable Housing Development Rezoning, GMQS Exemption, Stream Margin Review, Condominiumization, and Special Review We have reviewed the submitted application and would request that a landscape plan be submitted with an adequate amount of time to review (minimum of 3 weeks) prior to final plat signatures. The application states (page 4) several large spruce trees will require relocating or replacing. These trees, including size, should be noted on the landscape plan to determine the best mitigation measures to be taken. All trees over six inches in diameter, at four and one half feet above grade require a tree removal permit. 1 Q PLANNING & ZONING COMMISSION EXHIBIT t , ,APPROVED , 19 BY RESOLUTION EAST HOPKINS AFFORDABLE HOUSING PROPOSAL Rezoning from RM-F to Affordable Housing (AH) Zone District: Pursuant to Section 24-7-1102 of the Aspen Municipal Code, the following review criteria and responses must be considered. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: This rezoning is not in conflict with the provisions of the Land Use regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: This parcel was purchased by the Housing Authority for development of affordable housing. The Aspen Area Community Plan indicates that this parcel is a desirable location for affordable housing development. It also is in agreement with the purpose statement of the AH zone as it is within walking distance to the commercial core and lends itself to infill on small neighborhood scale rather than being a major housing project. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The AH zone is intended to be used as infill zoning scattered throughout the community within residential neighborhoods. Site design is critical to the compatibility of a proposed development and its immediate surroundings. This project proposes a fourplex townhome structure adjacent to the existing multi -family and mixed single family and duplex structures. .This configuration evolved after three neighborhood meetings where citizens gave input to the vision of their area. D. The effect of the proposed amendment on traffic generation and road safety. Response: The proximity of this site to the downtown area will promote walking to the core. The project is undertaking a substantial improvement of the street section (widening, curb, gutter and sidewalks) along its frontage on Hopkins. This improvement appeals to but the Streets Department and the Fire Marshal's office. 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, 1 ILI parks, drainage, schools, and emergency medical facilities. Response: Because of its location, the potential reduction for transit needs is reduced. The site is readily served by Aspen Consolidated Sanitation District and city water. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The rezoning will not, on its own, have a negative effect on the natural environment. As many trees will be saved as possible, with the potential of relocating several large spruces to the alley area behind the project. Because of neighborhood input, auto access to the units was split between Hopkins and the alley. THis necessitates two driveways/garages on Hopkins and excavation of the slope in the Hopkins right-of-way. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: This rezoning meets the location criteria for AH properties, those being "within walking distance to the center of the city or on transit routes". The character of much of the east end is that of a mix of residential types. This rezoning allows for local residents to remain in an area slowly changing into second homes. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The purchase of this property for affordable housing definitely supports this rezoning to AH. 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: Rezoning this site will not be in conflict with the public interest nor with .the Land Use Regulations. 2 \ k PLANNING & ZONING COMMISSION EXHIBIT _Cl , APPROVED 19 BY RESOLUTION • SUBDIVISION REVIEW STANDARDS East Hopkins AH Subdivision Pursuant to Land Use Code Section 3-101 Definitions, any land to be used for apartments or multi -family dwellings constitute a subdivision and must comply with applicable subdivision criteria contained in Section 7-1004 C. 1. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed sub- division. There are no unsuitable lands proposed for development within this subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of publ.ic facilities and unnecessary public costs. No duplication of public facilities will result from this subdivision. Improvement of the street will result from this project. 2. Improvements. The following improvements shall be provided for the proposed subdivision. (1) Paved streets, not exceeding the requirements for paving and improvements of a collector street. (2) Curbs, gutters, and sidewalks. (3) Paved alleys. (4) Street trees or landscaping. (5) Storm drainage improvements and storm sewers. 3. Design standards. The following design standards shall be required for all subdivisions: Streets and related improvements. E. Hopkins will be improved with wider pavement, curb and gutter and sidewalk along the frontage of this parcel. The alley will also be opened from Cleveland Street for access of this project and the duplex on the other side of the alley. New access agreements are necessary from the properties directly south of this project. Engineering has required this as a condition of approval. Street trees are also being added to the Hopkins right-of- way. a. Easements. Alley access easements with neighbors to the rear must be updated per Engineering's requirements. b. Lots and blocks. Not applicable. c. Survey monuments. Not Applicable. d. Utilities. All utility plans have been reviewed by the appropriate utilities. e.- Storm drainage. Rehabilitation of E. Hopkins requires that drainage not be impeded. f. Flood hazard areas. Not Applicable. `A