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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
November 16, 1993, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. PUBLIC HEARING
,
A.
Sbarbaro Conditional Use Review, Mary Lackner
(continued from November 2)
B. Aspen Club Lodge Text Amendment, GMQS Exemption and
Conditional Use Review, Kim Johnson (continued from
November 2)
C. Kraut AH Subdivision, Text Amendment, GMQS
Exemption, Special Review and Condominiumization,
Leslie Lamont (continued from November 2)
D. Silver City Grill Conditional Use Review, Leslie
Lamont
E. Galena Plaza CC Zone District Commercial GMQS, Kim
Johnson
IV. ADJOURN
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A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
i
November 16, 1993, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. PUBLIC HEARING
A. Sbarbaro Conditional Use Review, Mary Lackner
(continued from November 2)
B. Aspen Club Lodge Text Amendment, GMQS Exemption and
Conditional Use Review, Kim Johnson (continued from
November 2)
C. Kraut AH Subdivision, Text Amendment, GMQS
Exemption, Special Review and Condominiumization,
Leslie Lamont (continued from November 2)
D. Silver City Grill Conditional Use Review, Leslie
Lamont
E. Galena Plaza CC Zone District Commercial GMQS, Kim
Johnson
IV. ADJOURN
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: November 16, 1993
Work Session - November 30
Moore GMQS County Referral (LL)
Benedict Stillwater County Referral (ML)
Regular Meeting - December 7
Hufty Conditional Use Review (KJ)
Transierra Stream Margin (KJ)
Gap Conditional Use - Satellite Dish (KJ)
BCS Properties Change in Use (LL)
Regular Meeting - December 21
Office Zone District Commercial GMQS:
Cap's Auto (ML)
Stapleton (LL)
Snyder Pond Worksession (KJ/ML)
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: Sbarbaro Conditional Use for an Attached Accessory
Dwelling Unit - Public Hearing
DATE: November 16, 1993
SUMMARY: The Planning Office recommends approval of the Sbarbaro
Conditional Use for a 320 sq.ft. attached accessory dwelling unit
with conditions.
APPLICANT: Bonnie K. Sbarbaro.
LOCATION: 101 East Francis Street, Lots H and I, Block 56, City
and Townsite of Aspen.
ZONING: R-6 Medium Density Residential.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to build an accessory dwelling unit within a new residence
pursuant to the housing mitigation requirements in Ordinance 1,
Series 1990. The site contains an existing single family residence
that will be removed to accommodate the new development. The
studio accessory dwelling unit will be 320 sq.ft. and will be
located on the second level of the structure. Please refer to
application information, Exhibit "A".
REFERRAL COMMENTS: Comments from the Engineering Department are
included as Exhibit "B" and Housing Authority comments are included
as Exhibit "C".
STAFF COMMENTS: The Commission
approve development applications
the standards of Section 7-304:
has the authority to review and
for conditional uses pursuant to
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 with
character of the surrounding neighborhood, which consists of
several neo-victorian homes, the Givin Institute and the Red Brick
School. The unit will not be visible as a distinct unit from the
exterior of the Sbarbaro residence.
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 residence. Four parking spaces are provided
on -site. No parking is required to be provided for the studio
accessory dwelling unit. The principal residence will contain two
bedrooms and an unfinished basement. The proposed ADU will have
a covered exterior stairway for access. City Engineer, Chuck Roth
has indicated that the applicant's proposed driveway does not meet
City code requirements. Staff has made driveway compliance a
condition of approval.
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 exterior stairs. No other
significant 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; and
Response: All public utilities are adequate and in place
throughout the neighborhood and for the proposed residence 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 donating the existing residence to the
Aspen Winter Club to be used for affordable housing. This
residence will be moved to another location for this use.
The proposed ADU will satisfy the requirements of Ordinance 1 for
a new single family residence. 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.
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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.
NOTE: As this accessory dwelling unit is 100% above grade, the
main structure is eligible for a floor area bonus per Ordinance 1.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Sbarbaro Conditional Use for a 320 sq.ft. studio 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.
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 applicant shall revise the driveway to meet the
requirements of Section 19-101 of the Code, prior to issuance
of a building permit.
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 approve the Conditional Use for a
320 sq.ft. attached accessory dwelling unit for the Sbarbaro
residence at 101 E. Francis with the conditions recommended in the
Planning Office memo dated November 2, 1993."
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Exhibits:
"A" - Application Information
"B" - Engineering referral memo
"C" - Housing referral memo
FROM: Leslie Lamont, Senior Planner
DATE: November 16, 1993
RE: Kraut Property Affordable Housing Subdivision, Special
Review, Text Amendment, Conditional Use and GMQS
Exemption for Affordable Housing
SUMMARY: The Aspen/Pitkin County Housing Authority is proposing
a 27 unit affordable housing development on the Kraut property.
The parcel rezoned from Office to Affordable Housing (AH) in 1992.
Multi -family development requires subdivision review. The AH zone
district requires special review for parking, open space and
height. The applicants also request a text amendment to allow
public parking in the AH zone district. However, staff is
recommending conditional use review for public parking in the AH
zone district.
The Commission must also review the GMQS Exemption for the
development of affordable housing.
Please review the attached application, exhibit A.
APPLICANT: Aspen/Pitkin County Housing Authority (APCHA) as
represented by Jim Curtis and Harry Teague
LOCATION: Southwest corner of East Hyman Avenue and South Original
Street, Block 105, Lots E. F, G, H, & I.
ZONING: AH, Affordable Housing
APPLICANT'S REQUEST: Subdivision, Special Review for parking, open
space, and height, a Text Amendment for the AH zone district, GMQS
Exemption for a multi -family affordable housing development, and
Conditional Use review for public parking in the AH zone district.
REFERRAL COMMENTS: Please see attached referral comments which
pertain to the application, exhibit B.
PROCESS: Subdivision is a two step review process. The Commission
will review and make a recommendation to Council. Special Review
for open space, parking and height is a one step review process by
the Commission. The GMQS Exemption for affordable housing is an
approval by Council but the Commission must make a recommendation
to Council.
The text amendment for public parking in the AH zone district is
another two step review. The Commission shall review and make a
recommendation to Council. If the Commission recommends approval
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of the text amendment, the Commission should then review the
conditional use for public parking proposed on the Kraut property.
This is a one step review by the Commission. If the Commission
recommends denial -of the text amendment, conditional use review is
unnecessary.
STAFF COMMENTS:
I. Background - Together, the City of Aspen, Pitkin County
and the Housing Authority have pursued a comprehensive plan to
address the community's housing problems. The housing plan is
threefold it: seeks to preserve the existing affordable housing
stock, requires developers to mitigate a "fair share" of their
affordable housing impacts and produces new affordable housing to
reduce/eliminate the current affordable housing shortfall.
As part of this comprehensive approach, the City Council adopted
Ordinance 59 establishing an Affordable Housing Zone District (AH) .
The AH zone enables the rezoning of land for the purposes of
affordable housing.
The purchase, rezoning and proposed development of the Kraut
property is a step toward the provision of affordable housing
within close proximity to employment opportunities and neighborhood
services for those citizens in need of housing.
In addition to the site being selected for housing, the 1987
Transportation Element of the Aspen Area Comprehensive Plan
identified this site as one of three centrally located underground
parking garages. The Rio Grande parcel and Wagner Park were the
other two sites. The report identifies this site as a likely
candidate because the site takes advantage of existing traffic
patterns of Main/Original and Highway 82. This location could help
reduce the traffic circulation around the pedestrian mall, Rubey
Park and Durant Avenue. It's proximity to the commercial core and
the gondola make it ideal for both a winter and summer intercept
lot.
After the rezoning of the Kraut property, the Commission directed
staff to study the possibility of public parking below the Kraut
and the ability to pursue the Superblock concept.
Staff, together with the Superblock private property owners,
studied the feasibility of building one multi -level garage under
the Kraut property or combining that garage with a larger garage
underneath City Market/Bell Mt./Buckhorn Lodge properties. Staff
and the property owners came to several conclusions:.
1. timing of redevelopment and relocation of utilities
prevented further consideration of one garage connecting all
properties; and
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2. the cost per space for the Superblock proposal will be
less expensive; and
3. underground parking is essential for resident parking of
the Kraut development and additional parking could be added
if the Superblock proposal is not pursued.
This application includes a conceptual design of a parking garage
for up to 146 cars. Although it is too soon for a decision on the
Superblock, the applicant requests that public parking in the Kraut
property garage be considered in order to permit maximum planning
flexibility.
The Aspen Area Community Plan (AACP) identifies the Kraut parcel
as a site for higher density housing, below grade parking and local
serving commercial space.
After the rezoning of the parcel, staff continued to pursue a
mixed -use concept on the property. This was done in tandem with
the review of the large garage and Superblock concept. It was
determined that the Kraut property was too small to develop a
successful mixed -use project attempting to ' provide more
Neighborhood Commercial (NC) space, affordable housing, and public
parking. In addition, the increased level of support for
Superblock negated the need to include NC space and public parking
on Kraut.
II. Site Description - The Kraut property is located near the
base of Aspen Mountain. The site is two blocks east of the
downtown commercial core area, and two blocks south of Main Street
at the intersection of East Hyman Avenue and Original Street.
The 15,000 square foot lot is vacant and is currently being -used
as a commerical parking lot. There are no natural hazards
associated with the site and it is relatively flat. There is no
significant vegetation on the parcel and several inches of gravel
exist on top of natural soil conditions.
The parcel was rezoned from Office to Affordable Housing in 1992.
The areas north and west of the parcel are zoned -office., Across
Spring Street, to the west, the Commercial-1 Zone District begins.
The parcels immediately south of the Kraut property are zoned Lodge
Preservation and Commercial Lodge and across Cooper Street is the
NC zone district. The residential neighborhood to the east of the
parcel, across Original, is zoned Residential/Multi-Family (R/MF).
The property is bounded by several existing structures. West of
the parcel is a two-story A -frame and the three-story Hanna -Dustin
office building on the corner of Hyman and Spring streets. The
Buckhorn Lodge, a two and one-half story structure, is across the
alley along the site's southern boundary. To the southwest is the
two-story Bell Mountain Lodge. Across Hyman Avenue, to the north,
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is the Coates, Reid and Waldron office building. West of that
building are the 700 East Hyman Townhomes that consist of three
duplexes for a total of six dwelling units. To the east, across
Original, are single and multi -family residences.
The parcel is accessible by paved public streets, East Hyman Avenue
and Original Street, and by a dirt alley between Hyman and Cooper
Avenues. The public streets have curb and gutter. There are no
paved sidewalks, only gravel paths. Utility lines are proximate
and contained underground within the public rights -of -way.
III. Project Description - The proposed project consists of
27 dwelling units: 13 studios and 14 one -bedrooms. Nine of the
studios will be category 2 and four studios will be category 3.
Four one -bedroom units will be category 2 and 10 one -bedrooms will
be category 3. Council has not yet determined whether the units
will be for sale or rental.
As outlined in the application the design of the building
incorporates a variety of elements to lend an individual touch to
the units verses a standard apartment building:
1. Each unit has a private entrance. There are no double
loaded corridors.
2. Each unit has a small private space either a small patio
or yard space.
3. The project is built around a south facing central
courtyard. Each unit has natural light and sun exposure.
4. Many of the units have three or four exposed exterior
walls, and all units have at least two exposed walls.
5. The first level units have higher ceilings of 9 feet.
6. The building has been sunk an average of 3.6 feet to allow
the first level units to have higher ceiling heights, to
create small private entrances, and to reduce the height.
7. Only six of the 27 units are on the third floor thus
creating a varied roof line.
8. The corners of most of the units have been angled to have
a bay window character.
9. The units have individual locked storage closets of a
minimum of 25 square feet in the garage plus as much in -unit
storage space as possible.
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10. The units will be plumbed for individual washers and
dryers for sales units, as well as common laundry room in the
K garage if the units are rental.
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Preliminarily, the exterior material is proposed to be horizontal
and vertical siding with colored metal roofs. The exterior colors
are proposed to be buff and green. Final colors and exterior
materials will be decided at final project approvals before
Council.
Two alternative streetscapes have been proposed. Alternative A is
based upon changing the angle parking to parallel parking along
Hyman Avenue, 15-16 parking spaces will be reduced to 8 spaces.
This will allow the curb to be pulled out into the street giving
a greater distance between the curb line and building line. The
additional space will create a more pedestrian friendly
streetscape, a greater area for tree planting and a greater
distance between the building and street. The applicant would like
to extend the curb out 9 feet but the Engineering Department
recommends an extension of 5 feet. The remaining 4 feet could be
used on the opposite side of the street.
In addition, the preferred parking garage proposal is to extend the
garage underneath Hyman Avenue. This will enable a more efficient
layout of the garage. The total number of spaces on one level will
be 56 spaces. It is proposed that the extra spaces will be leased
to offset the parking spaces that are being lost with the
development of this property. If the garage is extended underneath
Hyman Avenue, the extended curb is a better roof over the garage
preventing awkward settling of the street over the garage.
Streetscape B-would install curb gutter and sidewalk without
extending the curb. However, there will be little room for street
planting and the buffer between the street and building is reduced.
Both the Engineering, Streets and Parks Departments prefer
alternative A. Please see referral comments.
Please see Table 1, exhibit* for AH zone district dimensional
requirements compared to the proposed project.
APPLICABLE REVIEW CRITERIA
I. Subdivision - In order to develop multi -family housing
on a single parcel a development plan must be reviewed pursuant to
subdivision Section 24-7-1004.
Section 7-1004 C.1. outlines the General Requirements for
subdivision as follows:
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1. (a) The proposed development shall be consistent with the
Aspen Area Comprehensive -Plan.
RESPONSE: The proposal is a multi -family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Community Plan which specifically identified this site for
affordable housing because of it's close proximity to jobs and
commerical centers.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: ' The project is consistent with the character of the
neighborhood which is a mixture of office/commerical uses. The
surrounding residential land uses are mixed duplex/single family
and high density multi -family. The Kraut development will serve
as a transition between the commercial downtown to the west and
the R/MF zone district to the east.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas..
RESPONSE: The proposed multi -family is located in an area that has
been redeveloped, in the case of the six townhomes across the
street, and is undergoing extensive review for redevelopment such
as the Superblock. If Council wants to pursue a larger garage, the
A -frame property next door has been considered as an extension of
the underground parking.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district requirements. The proposal
is not in conflict with any other sections of the Land Use Code.
Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock
slide, 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 subdivision.
RESPONSE: No natural hazards exist on the site. 'Development of
this vacant property will have no adverse effects on surrounding
property. The property is virtually flat. There are no natural
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hazards that exist on the site that would endanger the welfare of
future residents. However, the applicant shall work with the
Engineering Department to ensure that historic drainage patterns
are maintained.
(b) Spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies,. duplication or premature extension of
public facilities and unnecessary public costs.
RESPONSE: All utilities are available near the site. Improvements
to the sidewalks, curb and gutters will be installed by the
developer.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) WATER - According 'to the application the City water
system has sufficient capacity to accommodate the project for
both domestic and fire protection needs. Only an extension*
of existing water services is required.
(b) SEWER - The Aspen Consolidated Sanitation District
currently has sufficient collection and treatment capacity to
serve the project. Impact fees will be added to total
connection charges for the project if downstream constraints
exist and are mitigated. The applicant shall submit detailed
plans to the District office for a tap permit.
(c) ELECTRIC, TELEPHONE, NATURAL GAS #AND CABLE TV - Load
information shall be submitted to the City electric
department. Until that information is made available the
electric department cannot determine what phase power is
needed and whether a major system improvement is necessary.
The project will be served the existing utility lines in the
alley south of the project. The applicant shall be
responsible for any utility relocation costs.
(d) EASEMENTS - A transformer easement is necessary, the size
will be determined when load information is made available.
Other easements shall provided as necessary for other
utilities. All easements will be depicted on the final plat.
(e) SIDEWALK, CURB, AND GUTTER - Section 19-98 of the
Municipal Code requires construction of sidewalks for new
construction in -areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding.
The applicant has committed to install sidewalks, curbs and
gutters along Original and Hyman streets. The Engineering
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Department is willing to change the angle parking to parallel
parking along Hyman Avenue in order to relocate the curb and
gutter. Relocation of the curb, along Hyman Avenue, shall be
17.5 feet from the private property line. The applicant shall
also realign the rest of the curb and gutter along that block
of Hyman Avenue to offset the change in front of the Kraut
property.
(f) FIRE PROTECTION - Automatic sprinkler and alarm systems
will be required for this project. There is ample water to
supply the sprinkler.
(g) DRAINAGE - A drainage plan, meeting the requirements of
Section 24-7-1004.C.4.f of the Code must be provided by an
engineer registered in the State of Colorado and submitted to
the Engineering Department. If drywells are not appropriate
detention structures with time release design features may
suffice. A final review of the drainage plan shall be done
by the Engineering and Streets Departments.
No storm runoff from soils exposed by excavation shall be
permitted to enter City streets or alleys.
(h) STREET LIGHTS - The applicant shall install a street
light on the corner of the alley on Original Street. The
applicants shall work with the City to determine location and
design of lighting.
(i) STREETS - An encroachment license is required for the
underground parking garage -to encroach under Hyman Avenue.
Work in the alleys and streets of the Commercial Core and Main
Street Corridor is prohibited between June 15 through Labor
Day. This would include Highway 82. Therefore construction
in the Original Street right-of-way must be accomplished
outside of those dates.
All work in the alley and public right-of-way shall require
a permit from the streets department.
During the time of construction the project shall be
surrounded on three sides with a covered pedestrian walkway.
The alley shall be closed to all traffic except construction
related activity.
(j) SNOW SHED - The roof shall be designed in such a manner
as to prevent snow from shedding onto the public sidewalk.
(k) FINAL PLAT - Prior to the issuance of any permits, the
applicant must submit a subdivision plat in accordance with
Section 24-7-1004.0 and D of the municipal code. (It is
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recommended that the applicant review bluelines with the
Engineering Department prior to final submission.)
The final subdivision plat and agreement must be filed within
180 days of final approval or subdivision approval is void.
(1) STREET TREES AND LANDSCAPING - Prior to signing the
subdivision agreement and plat, a detailed landscape plan for
the entire project and the streetscape shall be submitted to
the Parks Department for review.
A wider/larger space between the sidewalk and the curb and
gutter allows for greater growth potential for trees and
vegetation. The standard guidelines for designing in the ROW
should be followed. The*Parks Department suggests planting
cottonless cottonwoods.
II. Special Review - The Affordable Housing zone district
requires Special Review for establishing off-street parking, open
space, and height.
a) Parking - The development will provide one off-street
parking space per dwelling unit for a total of 27 parking spaces.
The AH zone district limits required parking to a maximum of two
parking spaces per dwelling unit.
The parking spaces will be provided in a below grade garage. The
entrance to the garage is located on the northwest corner of the
property. For several reasons, the applicant found the entrance
off of Hyman Avenue to be more practical than off of the alley:
1. The grade of the ramp from the alleyway down into the
garage is too steep, up to 30% grade. Grades cannot exceed
12 % for the first 20 feet from the property line.
2. The turning radius into and out of the garage from the
alleyway is much tighter.
3. More neighbors are impacted along the alley, especially
the Hanna -Dustin building and potential Superblock
development.
4. Public access off of the street is more convenient,
especially if a larger garage is built.
In addition, the applicant provides plans for a larger garage if
Council wants to explore additional parking. 'The maximum buildout
proposed is 146 cars which includes parking under the A -frame
property.
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Council has indicated that if the Superblock concept is
discontinued, a second look at public parking below the Kraut
property may be desireable. In order to maintain the greatest
amount of planning flexibility, the Commission is being requested
to review a text amendment that would enable public parking in the
AH zone district as a conditional use. Conditional use review is
provided in this memo.
In any event, 27 parking spaces, one space per dwelling unit, will
be provided for the residential development on the Kraut property.
b) Open Space - Approximately 6,095 square feet or 41% of the
site will remain as yard or open space. A central courtyard is the
main open space feature. As stated in the application, the
courtyard permits each unit a single entrance, gives each unit
southern sun exposure, provides a visual break between the
buildings, and creates a social meeting place for residents. The
lower units have also been designed with small, entrance areas
which are sunk an average of 2 feet below the sidewalk grade to
create the feel of individual entrances and to give some privacy
from the sidewalks.
c) Height - AH requires a building height of 25 feet
increasable to 30 feet by special review. The applicant requests
a height variance up to 30 feet to make the units more liveable and
compatible with surrounding buildings. The maximum height is 29
feet at the northwest corner of the building but the average height
at the third level is 26.9 feet. The first level units will have
9 foot ceiling heights to enable a more open living space. To
minimize the building height and achieve higher ceilings, the
building's are being sunk an average 3.6 feet below grade.
A variation in roof line, only 6 units are on the third floor, will
break up the mass of the building and read as a mix of 2 and 3
level facades.
The Coates, Reid and Waldron office building is three stories with
an approximate height of 34 feet. The Hanna -Dustin building is
three stories with an approximate height of 36.5 feet. The six
townhomes across the street are three stories averaging 25 feet and
the Superblock proposal is for three stories with heights proposed
up to 35 feet.
IV. GMQS Exemption - Pursuant to Section 24-8-104, before
any proposed development can be considered for exemption by the
City Council, an application for exemption shall be forwarded to
the Planning and Zoning Commission for review and recommendation
at a hearing.
The review criteria for an exemption includes the City's need for
affordable housing, the development's compliance with the adopted
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housing plan, the number, type and location of the proposed units,
and the proposed price categories.
The project is designed to provide entry level studio and one
bedroom apartments. Council has not determined whether the units
would be sale or rental units, however the units will be a mix of
category 2 and 3. The applicant will file a condominium plat if
the units are to be sold.
The AACP identified this site as a potential affordable housing
parcel. The 1993 Housing Guidelines identified a preference for
entry level studio and one -bedroom units. Also, the demand for
these types of units was very evident during the sale of the West
Hopkins affordable housing units.
V. Text Amendment - In order to accommodate public parking
in the proposed parking garage, a text amendment to the AH zone
district is proposed. The applicant proposes public parking as a
"permitted use" in the AH zone district subject to special review.
Staff recommends that public parking become a conditional use in
the AH zone district. The AH zone district may be applied to any
parcel of land throughout the City, however public parking may not
be appropriate in particular neighborhoods. An affordable housing
proposal should not be jeopardized because public parking is
inappropriate for a certain site. If a property is rezoned to AH
permitted uses could occur with little or no review. Although
special review is suggested, special review could not.completely
deny a permitted use within the zone district.
Therefore, the following text amendment criteria are reviewed based
upon public parking as a conditional use in the AH zone district.
A conditional use review for public parking below the Kraut
property follows this text amendment review.
Pursuant to Section 7-1102 the following standards of review apply
for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.*
RESPONSE: The proposed amendment is not in conflict with any
portions of this chapter.
Because the proposed amendment recommends conditional use review,
staff, the Commission and the public will have the ability to
thoroughly review the appropriateness of public parking on a
specific location.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
11
RESPONSE: Although the AACP recommends a more restrictive approach
to the provision of parking, this amendment enables site specific
review for public parking. With this amendment, an AH development
will be able to offset above grade spaces that could be lost due
to the development of affordable housing - i.e. the Kraut property.
Currently, about 50 leased parking spaces are located on the Kraut
property. These spaces, in addition to changing the Hyman Avenue
parking from angle to parallel, approximate 57 to 58 spaces lost.
The ability to provide more parking than is required for residents
will replace those spaces lost. Council has unanimously supported
new underground public parking when it is combined with the
reduction of above grade parking as long as there is no net
increase in available parking downtown.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: In a particular zone district and under the
circumstances that above ground parking may have been lost due to
development for affordable housing, public parking may be
compatible with surrounding zone districts. Requiring conditional
use review will ensure that public parking is not proposed in a
district where it would be incompatible with surrounding land uses
or surrounding zone districts.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: The conditional use review for site specific parking
proposals will avoid detrimental effects on traffic and road
safety.
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 Rio Grande parking garage was considered a GMQS
Exemption for essential public facility. Although exempted from
growth management competition, mitigation was still assessed. Any
impacts to public facilities will be mitigated as a matter of
development review.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: Potential environmental impacts would be assessed on a
site by site basis when a conditional use review application is
FU
reviewed. The Clean Air Advisory Board (CAAB) has passed a
Resolution opposing the net addition of new spaces. However, if
a public parking proposal replaced on -street parking and spaces
lost due to development this amendment is not inconsistent with the
CAAB Resolution.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: Several locations have been identified for public
parking as a component to the various transportation plans over the
years. This amendment enables a two -prong approach to solving two.
important issues within our community: affordable housing and
transportation.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: To develop affordable housing without parking is not
acceptable. Affordable housing has been targeted for all
neighborhoods of the City. In the downtown, developers have little
choice but to provide parking below grade. In a situation when
additional space is available and/or above grade parking spaces
have been lost, a parking garage should be able to provide public
parking if there is no net increase in spaces.
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: As long as site specific review is available and staff
can determine that no net increase in parking is being provided,
this amendment is consistent with established public policy.
VI. Conditional Use Review The above text amendment
proposes conditional use review for public parking in the AH zone
district. Although Council will not pursue a full (146) parking
garage under the Kraut property unless the Superblock proposal is
denied, a preliminary review of public parking is necessary to
provide maximum planning flexibility. Staff recommends a review
of the conditional use with the condition that this review will be
amended if the final garage proposal is greater than 56 spaces.
For this conditional use review, staff has considered a 56 space
garage: 27 resident spaces and 19 public parking spaces that will
be leased or condominiumized for private use. If a larger garage
is considered a substantial amendment to this review shall be
required.
Pursuant to Section 24-7-304 the criteria for a conditional use
review are as follows:
13
\12
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 recommendations of the AACP are to reduce
traditional use of the automobile. The AACP also recommends the
reduction of on -street spaces in the downtown commercial area 'for
pedestrian enhancements. Council is considering the Superblock
proposal which includes three levels of underground parking. The
first level will be required parking for the above grade commerical
uses. The second level will be public parking and the third level
will be leased parking. Council has been adamant that the
Superblock proposal should only occur if in tandem with the
reduction of on -street parking in the downtown core and there is
no net increase in the number of parking spaces provided downtown.
Simultaneously, it has been a policy of the review boards that
development of affordable housing must provide parking for the
residents. Therefore the development of the Kraut property will
provide parking and the only available location is below grade.
Development will eliminate approximately 57 existing parking
spaces. It is the purpose of this review to enable the expansion
of the below grade garage for additional parking above what is
required for the housing development.
The maximum number of spaces proposed is 146. Although that will
depend upon the fate of the Superblock redevelopment. A more
likely scenario for this review is a one level garage that extends
underneath Hyman Avenue. This creates a more efficient layout for
the garage and will add 19 more parking spaces to the first level.
Preliminary calculations indicate that the extra spaces may be
leased or condominiumized and the revenues will significantly
offset the costs of building the parking. The garage will be
operated automatically and will not require an occupied booth.
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: Parking and congestion are very problematic at this
corner. The ability to relocate some of the parking lost to the
development of the property would help alleviate the lack of
parking in this 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
14
.circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
RESPONSE: The minor extension underneath Hyman Avenue would have
minimal impact to the neighborhood. During construction Hyman
Avenue will remain open. Parking along the curb will be replaced.
The extra parking spaces will be leased or sold and not operated
on a short-term basis. There will be a gated entrance operated by
an electronic card instead of an occupied booth.
The entrance to the garage is located on the northwest corner of
the property. As stated in a previous section of this memo, the
applicant found the entrance off of Hyman Avenue to be more
practical than off of the alley for several reasons:
1. The grade of the ramp from the alleyway down into the
garage is -too steep, up to 30% grade. Grades cannot exceed
12% for the first 20 from the property line.
2. The turning radius into and out of the garage from the
alleyway is much tighter.
3. More neighbors are impacted along.the alley, especially
the Hanna -Dustin building and potential Superblock
development.
4. Public access off of the street is more convenient
especially if the garage is built larger. Access off of the
alley would be problematic for a larger garage due to exiting
off of or onto Highway 82.
Clearly, if a 146 car parking garage is proposed underneath the
Kraut property, traffic and circulation pattern studies must be
initiated. Staff recommends that if the final garage proposal
exceeds one level of parking and 56 spaces that this conditional
use be amended and reviewed again by the Commission.
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 location of the garage is just off of Original
Street. This site was recommended for public parking in the 1987
Transportation Plan and again in the AACP because of it's direct
access off of Original/Highway 82 and the existing infrastructure
that could support such a use.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
15
RESPONSE: The garage will be operated by a electronic card system.
No additional employees will be necessary to operate the garage.
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: This proposal is not a net increase in the parking
available downtown. It will replace existing parking that is lost
to development of the property, provide one space per dwelling unit
for the proposed development and if the Superblock is not pursued
will augment spaces that are eliminated in the commerical core for
pedestrian improvements and commuter parking eliminated in the
neighborhoods. Therefore, this proposal is consistent with the
CAAB Resolution.
RECOMMENDATION:
A. Subdivision - Staff recommends approval of the subdivision
proposal for 27 fully deed restricted dwelling units with the
following conditions: ,
1. Prior to the issuance of any building permits, the applicant
shall work with the Engineering Department to ensure that historic
drainage patterns are maintained.
2. Sidewalks, curb and gutters shall be installed by the
developer, language to this effect shall be included in the
subdivision agreement and shall be indicated on the final plat.
3. Streetscape alternative A shall be implemented by the
developer. Relocation of the curb, along Hyman Avenue, shall be
17.5 feet from the private property line. The applicant shall also
realign the rest of the curb and gutter along that block of Hyman
Avenue to offset the change in front of the Kraut property.
4. Prior to the issuance of any building permits, the applicant
shall submit detailed sanitation plans to the ACSD office for a tap
permit.
5. Prior to the issuance of any building permits, electrical load
information shall be submitted to the City electric department in
order to determine what phase -power is needed and whether a major
system improvement is necessary.
6. The applicant shall be responsible for any utility relocation
costs language to this effect shall be included in the subdivision
agreement.
7. A transformer easement shall be provided, the size and location
will be determined when load information is made available. Other
16
�b
easements shall provided as necessary for other utilities. All
easements shall be depicted on the final plat.
8. Automatic sprinkler and alarm systems shall be required for
this project.
9. Prior to the issuance of any building permits, a drainage
plan, meeting the requirements of Section 24-7-1004.C.4.f of the
Code shall be submitted by an engineer registered in the State.of
Colorado and submitted to the Engineering Department. A final
review of the drainage plan shall be done by the Engineering and
Streets Departments.
10. No storm runoff from soils exposed by excavation shall be
permitted to enter City streets or alleys.
11. The applicant shall install a street light on the corner of
the alley on Original Street. The applicants shall work with the
City to determine location and design of lighting which shall be
indicated on the final plat.
12. An encroachment license shall be required for the underground
parking garage to encroach under Hyman Avenue.
13. Work in the alleys and streets of the Commercial Core and Main
Street Corridor is prohibited between June 15 through Labor Day.
This would include Highway 82.
14. Prior to any work in the alley and public right-of-way a
permit from the streets department shall be required.
15. During the time of construction the project shall be
surrounded on three sides with a covered pedestrian walkway. The
alley shall be closed to all traffic except construction related
activity.
16. Prior to the issuance of any building permits, the roof shall
be designed in such a manner as to prevent snow from shedding onto
the public sidewalk.
17. Prior to the issuance of any permits the applicant shall
submit a subdivision plat and agreement in accordance with Section
24-7-1004.0 and D of the municipal code. The plat and agreement
shall be reviewed and approved by the Engineering and Planning
Departments and the Attorney's office.
18. Prior to signing the subdivision agreement and plat, a
detailed landscape plan for the entire project and the streetscape
shall ,be submitted to the Parks Department for review. The
standard guidelines for designing in the ROW should be followed.
17
\1
19. The approved subdivision plat and agreement shall be recorded
with the Pitkin County Clerk and Recorders office within 180 days
of subdivision approval or the approval is void.
20. All representations made in the application and by the
applicant at public hearings shall be followed.
B. Special Review - Staff recommends approval of the special
review for open space, parking and height with the following
conditions:
1. Yard and open space shall consist of 41% or approximately 6,095
square feet of the property.
2. 27 resident parking spaces shall be provided in a below grade
garage.
3. The height of the building shall not exceed 30 feet.
4. All representations made in the application and by the
applicant at public hearings shall be followed.
C. GMQS Exemption - Staff recommends GMQS Exemption for the
development of 27 fully deed restricted dwelling units on the Kraut
property consisting of 13 studio units totaling 3,900 square feet
and 14 one -bedroom units totaling 5,600 square feet. Nine studios
and four one -bedroom units shall be category 2 and four studios and
10 one -bedroom units shall be category 3.
All representations made in the application and by the applicant
at public hearings shall be followed.
D. Text Amendment - Staff recommends approval of the text
amendment to allow public parking as a conditional use in the
Affordable Housing zone district. The text amendment is proposed
as follows:
Section 5-206.2. Affordable Housing (AH)
C. Conditional uses. The following uses are permitted as
conditional uses int he Affordable Housing (AH) zone district,
subject to the standards and procedures- established in Article
7, Division 3.
1. Open use recreation site;
2. Day care center;
3. Satellite dish antennae; and
4. Dormitory; and
18 �
S. Public surface and underground parking areas.
E. Conditional Use - Staff recommends conditional use approval for
19 below grade public parking spaces on -the Kraut property with the
following condition:
1. If a final garage proposal exceeds 56 spaces a substantial
amendment to this conditional use shall be reviewed by the
Commission.
RECOMMENDED MOTION: "I move to recommend to Council subdivision
and GMQS Exemption approval for the 27 fully deed restricted
dwelling units to be developed on the Kraut property with the
conditions of approval for subdivision and GMQS Exemption as
outlined in Planning memo dated November 16, 1993."
"I move to approve Special Review for open space, parking and
height for the Kraut housing development with the conditions as
outlined in Planning memo dated November 16, 1993."
"I move to recommend to Council approval of the text amendment
allowing public parking as a conditional use in the AH zone
district."
"I move to approve the conditional use for 19 public parking spaces
to be located in the Kraut development parking garage with the
condition of approval as outlined in Planning memo dated November
16, 1993."
EXHIBITS:
A. Application
B. Referral Comments
C. Table 1 - Dimensional Requirements
D. Public Notice Affidavit
19
1BIT
I � , � .
Aspen C?onsolidated� Sanitation (Astrnc ' �ACT 2 2'�.)
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601 -FAX +K3 --J
Sy Kelly - Chairman Albert Bishop
John J. Snyder-1r+eaa Prank Loushin
Louis Pbpish - Secy. Bruce Matherly, Mgr.
October 22, 1993
Leslie Lamont
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Kraut property subdivision
Dear Leslie:
The Aspen Consolidated Sanitation District currently has
sufficient collection and treatment capacity *to serve this
project. If downstream constraints exist and need to be mitigated
they can be alleviated through impact fees which will be added to
the total connection charges for the project.
The District will need to review detailed plans for this project
before we are able to evaluate the cumulative impacts of this
project and the superblock project on our collection system in
this area.
We would encourage the applicant to submit detailed plans to our
office once they are available so that the total connection fees
.can be estimated. All projects connecting to the District's
system must comply with the District's Rules and Regulations. All
associated fees and charges must be paid prior to connection of
the project to our system.
Sincerely,
Bruce Mather ry
District Manager
EPA AWARDS OF EXCELLENCE re�
1876 -1986 -1990
REGIONAL AND NATIONAL
11/16/93 17:05 V303 945 0156 ABP GWS
[a 001/001
A..%ve,�
1�w 4,�
COATES
REID&WAWRON
Real Estate + Rentals + Property Management
Nov. 16, 1993
Leslie Lamont
FAX # 920-5197
Dear Leslie:
Thank you for letting me see a copy of the plans for the Kraut
Property. I've read them and feel the property is well designed
but I have a few comments to make.
1) I hope the council will consider selling the condominiums
rather than renting them. My reasoning being that I think a sale
property is better taker, care of and in this very tightly packed
neighborhood, having owners who are concerned with their property
and want to go the extra mile to keep them up, would seem to make
sense.
2) I am opposed to the entrance to the parking being on Hyman
Street. By doing this eight parking spaces are lost and I would
rather see the parking come out of a main street such as original
or an alley, than in the middle of a residential street.
3) I hope the council will consider having as much parking on
the lot as possible. I understand this is contingent on the
super -block but I also feel that adding another 28 plus cars to
the neighborhood would be a mistake. I hope the council will
follow through on plans to put the parking for the residents
underground and create some other parking for the inevitable
commuters and business traffic.
Fred Martell, the president of the 700
planned to be at the meeting, but was
accident that his daughter had in New
until later this week at the earliest.
neighbor but hopes that these concerns
council in their approval process.
Thank you for your attention.
Sincere, ,
Mich el L. Spalding
President
Hyman Association had
unable to due to a car
York. He won't be back
Fred wants to be a good
will be considered by the
Aspen Offica 720 East Hyman Avenue • Aspen, Colorado 91611 • (303) -425.1400 • FAX (303) 920.3765
SnOwmass Of e: P.O. Box 6450 • Suite 113. Snowmass Center • Snowmass Village, Colorado 81613 (303) 923-4700 6 FAX (303) 923-41911
PUBLIC NOTICE
RE: KRAUT PROPERTY AFFORDABLE HOUSING PROJECT SUBDIVISION, SPECIAL
REVIEW, GMQS EXEMPTION, CONDOMINIUMIZATION, VESTED RIGHTS AND AN
AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE
REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, November 16, 1993 at a meeting to begin at 4:30 p.m.
before the Aspen Planning and Zoning Commission, 2nd Floor Meeting
Room, City Hall, 130 S. Galena, Aspen, CO to consider an
application submitted by the Aspen/Pitkin County Housing office,
503 E. Main St., Aspen, CO, requesting subdivision approval for 1'3
studio and 14 one bedroom affordable housing units; Special Review
for building height, open space and parking; GMQS Exemption for
deed restricted units; Condominiumization; Vested Rights; and an
amendment to the City of Aspen Municipal Code Section 24-5-206.2,
the Affordable Housing (AH) zone district, to permit municipal
parking as a permitted use. The Kraut property is located on the
southwest corner of East Hyman Ave. and Original St.; Lots E, F,
G and I, Block 105, City and Townsite of Aspen. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena, Aspen, CO 920-5101
s/Bruce Kerr, Chair
Aspen Planning and Zoning Commission
3l
APPENDIX I
Order No. A93-028
ADJACENT OWNERSHIP CERTIFICATE
ASPEN TITLE CORPORATION, a corporation organized and existing under and
by virtue of the laws of the State of Colorado,
HEREBY CERTIFIES
That it has made a careful and diligent search of the records in the
office of the Clerk and Recorder for Pitkin County, Colorado, and has
determined that those persons, firms or entities set forth on the Exhibit "A"
attached hereto and by this reference incorporated herein and made a part
hereof, reflect the apparent owners of lots, tracts, parcels and condominium
units lying within 300 feet of the following real described property situate,
lying and being in the County of Pitkin, State of Colorado, to -wit:
300 feet from Lots E. F, G, H and I. Block 105,
Townsite of Aspen
10
This certificate has been prepared for the use and benefit of the above
named applicant and the City or Town of Aspen in the County of Pitkin,
State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED
TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00.
(SEAL)
DATE: September 24, 1993
ASPEN TITLE CORORATION,
a Colorado Corporation
By : 'CL1-v,.� I
- v�
TO:
FROM:
RE:
DATE:
r,4 4 WII;-iIiiV�
Aspen Planning and Zoning Commission
Leslie Lamont, Senior Planner
Goldberg/Silver City Grill - Conditional Use Review
November 16, 1993
SUMMARY: The applicants have requested a conditional use review
to create a bar/sandwich establishment as an adjunct to the Silver
City Grill. A restaurant is a conditional use in the C-1 zone
district. Staff recommends approval of the conditional use with
conditions.
The Commission denied this application at the October 19, 1993
meeting. Some Commission members where very specific regarding
existing problems that should be alleviated before consideration
of another restaurant in this building. Please refer to the
minutes of that meeting that have been provided in your packets.
The Goldbergs have attempted to address the Commission's concerns
and have resubmitted their proposal for review.
APPLICANT: Susan and David Goldberg as represented by Rick Neiley
LOCATION: 308 South Hunter Street, Aspen
ZONING: Commercial, C-1
APPLICANT'S REQUEST: Conditional use approval for a restaurant in
the C-1 zone district.
REFERRAL COMMENTS: Due to the amended proposal the Engineering
Department will present updated referral comments to the Commission
at the meeting. All other referral comments are still relevant.
Please see attached referral comments from the Engineering,
Environmental Health Departments and the Housing Office, Exhibit
A.
STAFF COMMENTS:
Proposal - The Goldbergs own the Silver City Grill and seek to
provide additional space especially for patrons waiting to eat at
the Silver City Grill. Initially, they explored expanding into the
retail space next door. The Goldbergs now have the opportunity to
take over the L.A. Salon space, a full service beauty salon, on the
lower level which is approximately 600 gross square feet (which
includes the storage/delivery area). They propose to remodel the
space into a lunch, snack and late night food service and bar
operation. A full kitchen with oven will not be installed.
The Goldbergs have submitted an amended application, please see
attached application Exhibit B. Included in the new application
is a revised plan for the space.
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 recently adopted Aspen Area Community Plan (AACP)
recommends guidelines for locally serving commercial businesses to
encourage and preserve local serving businesses: developments
which include locally oriented businesses should be encouraged via
a menu of options; and incentives for strategic growth by locally
serving commercial and office uses and small lodges should be
provided.
The purpose of the C-1 zone district is to provide for the
establishment of commerical uses which are not primarily oriented
toward serving the tourist population.
The Silver City Grill hopes to provide an "annex" for a waiting
area and additional sandwich and bar area. The Grill have become
a popular local eatery. They are open year round, often include
local coupons in the paper and have kept their prices low. The
development of the small sandwich shop/bar "annex" to the Silver
City Grill will help the Grill provide better customer service
without having to locate to a larger, perhaps more expensive,
commercial space or go out of business.
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 a variety of commerical
uses. Garfield and Hecht is to the north and the Wienerstube to
the northeast across a parking lot. To the south are several
retail establishments and Mezzaluna restaurant. Boogies is to the
southwest of this building. Although residential is an allowed use
in the C-1 zone district the only residential in the near vicinity
are the condominiums across the alley from the Wienerstube
restaurant.
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,
0.
ti
and by all other applicable requirements of this chapter.
RESPONSE: The proposed conditional use will comply with the other
regulations of this chapter. As stated above, if the Commission
requires a dumbwaiter or roll bar system on the rear stairs the
applicant will install these features. Deliveries will continue
to be coordinated with the Grill. Trash and grease containers will
be maintained out of the public right-of-way.'
RECOMMENDATION: Staff recommends approval of the conditional use
for a restaurant replacing the L.A. Salon at 308 South Hunter
Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a Certificate of Occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters and grease containers shall be covered and enclosed as
recommended by BFI and maintained on the property of 308 South
Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant or any additional
installation of cooking equipment, including venting shall require
a substantial amendment to this conditional use to be reviewed by
the Commission.
RECOMMENDED MOTION: "I move to approve the conditional use for the
replacement of L.A. Salon with a restaurant at 308 South Hunter
Street with the conditions recommended in the Planning Office memo
dated 11/16/93.11
EXHIBITS:
A. Referral Comments
B. Amended Application
4
RESPONSE: Restrooms, which are not available in the Silver City
Grill, are provided for in this new space (2). Direct access to
the rear of the building and alley also exist in the new space
which is necessary for trash and service and delivery purposes.
Either a dumb waiter or roll -bar delivery system can be installed
in the rear corridor. ' However, food delivery, which will be
coordinated with the Silver City Grill, is made on the ramps at the
front of the building. According to the applicant, they will
comply with the Code if recommended but delivery personnel complain
that a dumb waiter is time consuming to load and unload and they
would rather use the ramps in front. The ramps are currently used
for Bahn Thai and the Grill.
According to the Environmental Health Department, there are no
impacts on air or water quality. The project meets the
requirements for sewage disposal and there are adequate provisions
for water needs.
Trash dumpsters that service the building have been relocated to
the rear of the building onto the private property out of the
public right-of-way. BFI does not recommend a full enclosure but
rather a cover to shield the dumpsters from rain and snow. But the
grease buckets will be kept enclosed. The applicant will provide
sketches for the Commission's review of the cover and grease
enclosures out of the right-of-way.
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 this new
restaurant in the building.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: The conditional use review process enables staff to
assess employee generation impacts. Typically, the incremental
increase in employees from the existing to the proposed uses shall
be mitigated. Review of the proposal by the Housing Office
indicates that the L.A. Salon use generated 3-5 employees, which
is in excess of the highest requirement of the land use code for
the C-1 zone. Employee generation for a restaurant is also based
upon the highest requirement of the code. The Housing Office finds
that there is no increase in employees generated by the conversion
of the beauty salon to the restaurant.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
5
AFFIDAVIT OF PUBLIC NOTICE
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
I, RICHARD Y. NEILEY, JR., the representative of DAVID
GOLDBERG and SUSAN GOLDBERG with respect to the Application for
Conditional Use Review for the permitting of a restaurant in the
lower level of 308 South Hunter Street, hereby certify and confirm
that public notice of the hearing on this application set before
the Aspen Planning & Zoning Commission for its November 16, 1993
meeting at 4:30 p.m. in the City Hall Meeting Room was issued to
all property owners within three hundred feet of the subject
property, as those property owners could be determined from the
public records maintained by the Pitkin County Assessor in its
current tax records. I further certify and affirm that the
premises were posted with the City's approved form of sign on
November 6, 1993, which sign contained the requisite information
regarding the time and place of the public hearing and the type of
review sought, which sign has ined in place continuously from
that date.
re
0
RICHARD Y. NEILEY, JR.
Subscribed and sworn to before me this day of
November, 1993. -Y--
WITNESS my hand and official seal.
My commission expires : v/Uy' !(,
Notary Pdbli
Richard X Neiley, Jr., P.C.
Eugene K Alder, P.C.
NEILEY & ALDER
AZTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(303) 93
November 10, 1993
Leslie Lamont
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
EAX Number
(303) 925.9396
Re: DSG Restaurants, Inc. Application for Conditional
Use Review
Dear Leslie:
As we have discussed, my clients David and Susan Goldberg
and DSG Restaurants, Inc. have requested reconsideration of their
Conditional Use Review Application at the November 16, 1993 Plan-
ning & Zoning Commission meeting. Thank you for scheduling us for
this meeting. I want to address several items raised at the
October 19, 1993 public meeting at which I was unfortunately not
present. Please consider this letter a supplement to our Con-
ditional Use Review Application dated September 27, 1993.
There seems to be genuine concern regarding the impacts
of restaurant expansion in the 308 South Hunter Street building.
While we appreciate these concerns, we do not believe that any
impacts resulting from this modest restaurant expansion exist which
cannot be adequately mitigated. The Goldbergs' Silver City Grill
on the upper level the building has become a popular, local
oriented restaurant operation. We have never received any
complaints from the City, the Health Department, our landlord,
neighbors in the building or any. members of the public with respect
to this restaurant.
Reconfigured Premises. Submitted herewith is a recon-
figured floor plan for the proposed restaurant operation. The
total square footage of the space is approximately 600 square feet.
The floor plan will result in net leasable space per the City's
definitions of only approximately 372 square feet. Projected
seating is for approximately 19 customers. We anticipate the need
for only 2 to 3 employees. This expansion of restaurant space in
the building is minimal.
0
Letter to Ms. Lamont
November 10, 1993
Page 2
Trash Removal. Until submission of the Conditional Use
Review Application, the Goldbergs were never notified of any
problems regarding the location of the dumpster or grease disposal
containers in the alley. Once this issue was raised, all disposal
facilities were relocated to the parking area behind the building.
We have made inquiry the ability to completely enclose the waste
containers. We have been advised that complete enclosure is not
desirable but that creating a covered trash structure is. The
Goldbergs will commit to the construction of a covered structure
for the location of all waste containers within the building's
parking area. The Goldbergs do not project the need for any
additional trash facilities beyond those already in place.
Miscellaneous Restaurant Review Criteria. Because of the
small size of the proposed restaurant and the fact that a full
kitchen is not being installed, impacts with respect to traffic
generation, odors, noise, service delivery and other conditional
use concerns are minimal or non-existent. The use compliments
other uses in the building and is supported by other tenants in the
building, as will be demonstrated at the public hearing. The
surrounding area is a mixture of offices, retail shops, commercial
businesses and restaurants, as well as residential. The addition
of a small sandwich shop type restaurant is compatible with those
uses.
Aspen Area Community Plan. The Aspen Area Community
Plan, in the Commercial/Retail Action Plan Section, provides the
following:
Intent: to provide incentives for
managed strategic growth by locally
serving commercial and office uses
and small lodges.
Policies: developments which
include locally oriented businesses
should be encouraged via a menu of
options.
Action Plan:
3. Explore FAR bonuses for restric-
tions for locally serving uses.
4. Explore buy down of commercial
space for locally oriented uses and
deed restricted local space.
1D
B. LEE SCHUMACHER
ATTORNEY AT LAW
ASPEN PROFESSIONAL BUILDING
600 EAST HOPKINS AVENUE, SUITE 101
ASPEN, COLORADO 81611
TELEPHONE: (303) 925-5636
November 15, 1993
Pitkin County Planning
and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
To Whom it Mav Concern:
i
FACSIMILE: (303) 925-3969
As a business neighbor and frequent customer to the Silver
City Grill, I urge the Planning and Zoning Commission to approve
the conditional use for the Goldbergs' new business venture. As
the downtown core of Aspen continually changes to include
national chains, it is most important that we support our local
businessmen in any way we can. I urge you to welcome this
business as its only impact will be a positive one for Hunter
Street and downtown Aspen.
Thank you very much for your attention to this letter.
Sincerely,
B. Lee Schumacher
/tl
711 JEFFERSON HIGHWAY
N TON ROUGE, LA 70806
4) 927-7420
_ ,X USA (504) 927-8280
NO.3 SLOANE GARDENS
SLOANE SQUARE
LONDON SWI
ENGLAND
FETZE1JD1k'S
INTERIORS &FINE ANTIQUES
Established 1953
INTERIOR DESIGN
FINE FURNISHINGS
ORIENTAL RUGS
ANTIQUE PORCELAIN
ASPEN, COLORADO 81611
(303) 925-5447
FAX USA (303) 920-3568
November 16, 1993 MZEFI'*S
3 South blunter St.
Aspen, CO 81611
Aspen Pitkin County Planning & Zoning Commission
130 S. Galena Street
Aspen, CO
Dear sirs:
I am currently the adjacent business neighbor of the Silver City Grill.
This letter is to convey my support for the Goldberg's new project. The
building not only can handle more foot traffic but needs more exposure.
The continuing success of the Goldberg's is vital to the success of the
retail businesses in the building.
The Goldberg's run an efficient operation. The impact to the building
regarding food deliveries, trash and noise, I would expect to be nominal,
and not a concern to me at all. Whereas, the impact of denial of their
request could only be a negative one.
I sincerely hope you will consider granting permission to the Goldberg's
as I am looking forward to the positive growth of our building.
Yours truly,
Fetzer's
e Antiques
NELL FETZER, MEMBER, AMERICAN SOCIETY OF INTERIOR DESIGNS
CAROL ANN JACOBSON REALTY, INC.
November 12, 1993
Planning and Zoning Commissioners
City of Aspen
130 South Galena
Aspen, Colorado 81611
To Whom It May Concern:
Ever since the Silver City Grill moved in, I have been impressed with
their addition to our neighborhood.
Not only is it a convenient lunch place during the working day that is
inexpensive and quick but, it also offers the "average Joe" the ability
to get an inexpensive delicious hot dinner -time meal with the children
that is affordable. The convenience of take-home has also been a welcome
to my household as a working single -parent.
The Silver City Grill is always a pleasant place, clean, never loud or
unruly. I am happy to see that a business can be started in Aspen by the
"little man" and be not only affordable but successful is hope for the
City of Aspen.
It is evident that the Silver City Grill needs more space. Please allow
them to have it by which will alllow them to serve more of the "locals"
in this town.
Most sincerely
Sara Sue Kataoka
SSK/ab
606 E. HYMAN AVE. ASPEN, CO 81611 P.O. BOX 1168 ASPEN, CO 81612 303/925-2811
Mark Friedland
"STARS"
525 E. Cooper
Aspen, CO 81611
November 15, 1993
TO: Aspen Pitkin County Planning & Zoning Commission
RE: Goldberg Conditional Use Approval
Dear sirs:
I understand P & Z is evaluating the impact of the Goldberg's proposed
business at 308 S. Hunter. I feel the impact to be of a positive nature in
respect to the following. The Goldberg's have catered to locals and local
businesses and this new concept should be no exception. It is within walking
distance from all businesses and most lodgings. It is small, and mom and
pop, same as the Aspen that is quickly slipping away. I cannot foresee any
negative impact whatsoever this new business would have in the immediate
area.
Thank you for considering my support of the Goldberg's request.
Very truly yours,
Mark Friedland
"STARS"
November 15, 1993
TO: Aspen Pitkin County Planning & Zoning Commission
FROM: Brad Walters of RED HAT PRODUCE
RE: David and Susan Goldberg Application for Conditional Use
at 308 S. Hunter, Aspen
RED HAT PRODUCE has been a supplier of the Silver City Grill for the past 3 years.
We look forward to doing business with them at the new downstairs location. We
understand the P & Z has concerns regarding impact and delivery service. In regards to
impact, the RED HAT truck delivers to many restaurants in the area as a part of our
regular delivery schedule, this new business will utilize the same trucks and the same
delivery schedule. In regards to delivery, our delivery men prefer to use stairs as to
elevators. If using elevators they have to unload and reload which is time consuming.
Presently 75% of RED HAT deliveries in Aspen are either up or down a flight of stairs, it
is a fact of doing business in Aspen.
Thank you for taking the time in reading this letter and I ask you to please consider
granting permission for this new local year round business.
Yours truly,
zee
Brad Walters
RED HAT PRODUCE
KRAFT KRAFT/WESTMAN FOODSERVICE
westman P.O. Box 17469, Denver, CO 80217
_. �FooDSERVicE� 4450 Li an Street, (303) 458-6800
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AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPROVAL
(Pursuant to Section 6-205.E. of the Land Use Regulations)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The undersigned, being first duly sworn, deposes and says
as follows:
I, SUNNY VANN being or representing an Applicant before
the City of Aspen, personally certify that Public Notice of the
application for a GMQS allocation and Special Review approval for
the Galena Plaza Building, which is located at 420 East Main Street
in the City of Aspen, was given by 1) posting of notice containing
the information required in Section 6-205.E.2., which posting
occurred on November 5, 1993, in a conspicuous place on the subject
property and that the said sign was posted and visible continuously
from that date, and 2) mailing Notice of said development applica-
tion to all property owners within three hundred (300) feet of the
subject property, which mailing occurred on November 5, 1993.
Applicant:
GALENA PLAZA LIMITED LIABILITY
COMPANY
By
The foregoing Affidavit of Public Notice was acknowledged
and signed before me this ram' day of November 1993, by SUNNY VANN
on behalf of GALENA PLAZA LIMITEDLIABILITY COMPANY.
WITNESS my hand and official eal.
My commission expires: C{ �5-
Notary Public
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim.Johnson, Planner
RE: Galena Plaza 1993 Commercial Growth Management Scoring
in the CC Commercial Core Zone District, Special Reviews
for Reduction of Parking, Open Space and Floor Area Bonus
DATE: November 16, 1993
SUMMARY: This application seeks a Commercial GMP allocation for
the addition of 4,400 .s.f. of net leasable to the existing
structure on the eastern portion of the Central Bank property. It
is the only application submitted which competes for the 7,000 plus.
square feet available in the CC and C-1 zones.
In an initial scoring by Planning staff, the project meets minimum
scoring thresholds. The applicant also requests, and Staff
recommends approval of Special Reviews for parking (cash -in -lieu
payment), open space, and floor area bonus. Housing and Planning
staff do not agree with the housing mitigation program proposed by
the application. It is suggested that the Commission forward to
Council a recommendation that an alternative housing package be
reviewed and approved by Council.
Staff suggests that the Commission first consider the project's
requests for Special Reviews, then begin the scoring process.
APPLICANT: Ronald Garfield and Andrew Hecht, represented by Sunny
Vann
LOCATION: 420 E. Main Street, at the N.W. corner of E: Main at
Galena (E. half of Lot L and all of Lots M,N,O,P,Q,R,and S, Block
86, Townsite of Aspen). The subject parcel .(Central Bank
Condominium Unit 1) is 7,900 s.f.
ZONING: CC - Commercial Core
APPLICANT'S REQUEST: The applicant seeks Growth Management
allotment for the addition of 4,400 s.f. of net leasable square
feet to the existing commercial building by an extension eastward
as well as the addition of a second floor. -The structure will be
available for all commercial uses permitted in the CC Commercial
Core zone district. Additionally, Special Review approvals are
sought for payment -in -lieu for 11 parking spaces and open space and
FAR bonus above 1.5:1. The applicant will seek from City Council
vested development rights for a period of three years. Please
refer to the complete application package.
1
k
PROCESS: It is suggested that the Planning Commission first review
the project's requested Special Reviews as these are critical to
the continuance of the development. . If Special Reviews are
approved, the Commission shall score the project using the
criteria/point system established in the land use regulations for
commercial projects. Staff has scored the proposal and submits
this score to the Commission (Exhibit "A"). The Commission may
elect to accept staff's score as their own.
If the Commission finds that project meets minimum point
thresholds, it will be forwarded to the City Council for GMP
allocation of net leasable area and approval of a housing
mitigation package and vested property rights.
REFERRAL COMMENTS: All referral agency comments are included as
Attachment "B".
Engineering: ' Chuck Roth comments that sidewalk repairs and
handicap access ramps at the two corners of Galena are required
prior to issuance of a Certificate of Occupancy. Also, the
applicant must immediately relocate the dumpster on the sidewalk
east of the apartment building. The proposed trash storage area
may need to be expanded based on the capacity requirements set
forth in the CC zone dimensional requirements.
Parking /Transportation: The proposed development's location makes
it readily accessible to the Rio Grande Parking Garage and the
Galena Street Shuttle. Therefore it is a likely candidate for
cash -in -lieu for the required on -site parking spaces. However,
this office is concerned that the removal of the two alley facing
spaces for this project will create, a problem for delivery
activities for this project.
Fire Marshall: Wayne Vandemark comments that existing structure
must be brought up to current fire code, requiring a sprinkler and
alarm system.
HPC: This proposal has received conceptual' approval with no
conditions.
Sanitation District: Bruce Matherly states that adequate line and
treatment capacity is available to service this expansion. Minor
line repairs are necessary in the area of the project. The
applicant agrees to pay $6,000 towards these repairs. Prior to
connection of new service, the applicant must verify whether any
"clear water" site drainage enters the Districts system, and
correct that situation if it exists.
Housing Authority: Tom Baker forwarded comments. The applicant
proposes to mitigate for new employees based on a generation factor
of 3.5 employees per 1,000 s.f. of net leasable area. Given the
2
NO
general commercial nature of the structure and location, Housing
calculates the employee generation at the midpoint of the
Commercial Core generation of 4.375 employees per 1,000 s.f. The
applicant commits to mitigating the minimum threshold at 60% of
generation. At the midpoint Commercial Core generation, this is
11.55 employees rather than the 9.25 employees offered in the
application.
The existing apartment units on the property which are proposed to
satisfy employee mitigation are too small and need to be remodeled
(combining units into larger spaces) to accommodate employees per
the Housing Guidelines. This requirement tentatively excepts units
2/3, 6/7, and 10/11 which are still substandard but marginally
acceptable to the Housing office. The Housing office comments that
the proposal to Category 1 restriction suits most of the
prospective employees, therefore does not offer an increased
community benefit warranting special acceptance of substandard
units.
Electric: Bill Early states that service is available in the alley
and the only upgrade which may be necessary after review of load
data may be a larger transformer.
Water: No comments at this time other than all codes must be
followed pertinent to water supply.
PROPOSAL: This application seeks to expand the existing one story
building north and eastward and add a second floor. Interior
remodeling of the first and basement floors is also included in the
project. The grass and trees on the east of the current building
will be eliminated and the courtyard area between the commercial
and residential buildings will be reduced in size. A trash/
service area is being added to the west of the apartment building.
Two parking spaces will be eliminated because of the new trash area
and must be compensated for by cash.
STAFF COMMENTS: Staff recommends that prior to scoring this
project, the Commission review the entire proposal including the
Special Reviews for parking reduction and reduction of open space.
A staff score summary follows the Special Review discussion.
Special Reviews:
Parking Reduction / Cash -in -lieu Section 7-404 B. allows the
Commission to grant a reduction of required off-street parking.
In the CC zone, a' cash -in -lieu payment of $15,000 per parking
space, at the option of the Commission, must be paid prior to the
issuance of a building permit. The Commission shall take into
consideration the practical ability to place parking on -site,
whether parking needs of the development have been adequately met
on -site, and whether the City has (plans for) a parking facility
which meet the needs of the community.
3
3
Response: Two.. on -site parking spaces (directly west of the
apartment building off of the alley) are currently dedicated for
use by this prospective condominium unit owner. 'The improved trash
storage area will eliminate these two spaces. The new 4,400 s.f.
of net leasable area requires 9 new parking spaces at the
generation of 2 spaces per 1,000 s.f. The applicant is requesting
the commission approve a payment in -lieu for the two lost spaces
as well as the 9 required spaces. This represents a payment of
$165,000.00 for 11 spaces.
The Parking/Transportation Office believes that the cash -in -lieu
payment would be acceptable at this location based on the
applicant's anticipated vehicle trip generation rate of 8 trips per
day per 1,000 s.f. The Rio Grande Parking Garage can currently
accommodate this project, but when the parking control program goes
into effect next spring the garage will likely be full on a more
regular basis. This Office expresses concern about delivery
activities in the alley with out adequate on -site parking. The
applicant shall be put on notice that tenants cannot use the Galena
Street right-of-way for delivery access.
Special Review: Reduction of Open Space: In order to qualify for
reduction in the required 25% open space in the CC zone district,
the applicant must demonstrate that the provision of less than the
required open space on -site will be more consistent with the
character of the surrounding land uses than would be the provision
of open space according to the standard. The code states that
"as general guidelines, the applicant shall take into account
the following. It may be appropriate to have open space on
the site when the building is located on a street corner, or
the open space can be linked to neighboring pedestrian
amenities, or the open space provides relief intended to
maintain the prominence of an adjacent historic landmark, or
the open space is intended for a particular functional
purpose, such as dining or the protection of an existing tree.
It may be inappropriate to have open space on the site when
other buildings along the street front are built to the
property line, especially along public malls, or when the open
space is configured in such a manner as to serve no public
purpose."
When the Commission determines open space is inappropriate on the
site, it may reduce or waive the requirement if the applicant shall
make a payment -in -lieu based on an appraisal of the land. The
Zoning Official verifies the amount owed.
Response: 25% of the 7,900 s.f. site is 1,975 s.f. The subject
site contains 3,740 s.f. of open area which is non -conforming open
space per the code definition in that it doesn't meet minimum width
and depth or it exceeds 2 feet below street grade. The proposed
development reduces the site's open space to approximately 1,480
4
I
1L
- s.f., or 500 s.f. below the 1,975 s.f. minimum. The applicant
proposes a cash payment for this 500 s . f . to be calculated and paid
prior to issuance of a building permit.
Staff agrees with the applicant that providing conforming open
space on the site would be inappropriate along Main Street because
of the existing structure. Although the applicant does provide an
angled corner entry which is more pedestrian friendly, staff is
disappointed in total loss of the landscaped area along Galena
Street which is a major pedestrian link from Main Street to the
Library Plaza. Arguably, the apartment building does establish a
bottleneck for pedestrians at the northeast corner of the site
which does not promote the stepping -back of the proposed structure
from Galena. Given the particular situations on the property,
staff supports the reduction of open space via cash -in -lieu
approval.
Special Review for FAR Bonus: The allowable floor area ratio in
the CC zone is 1.5:1, which may be increased up to 2:1 upon
approval of Special Review by the Commission, with the stipulation
that 60%. of the additional FAR be applied to affordable housing.
The 7,900 s.f. development site allows 11,850 s.f. of floor area.
The proposed development raises the existing 7,280 s.f. of floor
area up to 12,640 s.f., or 1.6:1. This represents an additional
796 s.f. of floor area. Two review criteria apply to bonus FAR:
1. The mass, height, density, configuration, amount of open
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.
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: The site contains an apartment building of approximately
5,500 s.f., which is the bulk of existing FAR. The apartments are
not deed restricted for affordable housing. The applicant is
proposing to deed restrict the entire 790 s.f. of "bonus" FAR
within this apartment building. Other portions,of this building
will be deed restricted to mitigate the remaining employees
generated by the new net leasable area. Per the Housing Office's
comments, a revised housing package should be considered by City
Council prior to final approval.
The requested 790 s.f. of floor area is a relatively small amount
given the maximum 2:1 which could have been requested. As
5
mentioned previously, staff is somewhat concerned that the design
of the Galena Street frontage totally eliminates a green space
buffer to the sidewalk and street. However, the alternatives for
placing floor area on the site are limited to either encroaching
further into the courtyard area or going up an additional floor,
both creating other disadvantages. Because of the limited amount
requested', staff supports the proposed 1.6:1 FAR.
Growth Management Staff Score: Four City Planners jointly reviewed
the project pursuant to the scoring criteria contained in Section
8-106 F. of the land use regulations. The Planning Of f ice forwards
the following recommended score for the Galena Plaza Commercial GMP
project:
Scoring ,Minimum
Categories Threshold Points
1) Quality of Design 7.2 (40%) 11
2) Public Facilities
and Services 4 (40%) 6.5
3) Affordable Housing 10 (600) 10
27.5
Pursuant to Section 8-106 F.(5) a development application shall be
required to meet the thresholds of each category and combined
categories to be eligible for an allocation. Combined minimum
threshold for categories 1-2 above is 16.8 points. This project
was scored at 17.5. Individual category thresholds have been met
as shown in the table above. The Commission may accept staff's
score or do its own scoring procedure. Blank score sheets will be
available at the meeting
STAFF RECOMMENDATION: The Planning Office recommends approval with
conditions of the Special Reviews for reduction of open space and
parking and Floor Area Ratio bonus with the conditions recommended
below:
1) The applicant must immediately relocate the dumpster from the
sidewalk east of the apartment building.
2) Sidewalk repairs as required by the City Engineer and handicap
access ramps at the two corners of Galena must be installed by the
applicant prior to issuance of a Certificate of Occupancy.
3) Tenants cannot use the Galena Street right-of-way for delivery
truck access.
2
?6
Prior to issuance of any building permits:
4) The applicant shall make payment -in -Lieu for 11 parking spaces
($165,000.00) to the Building Department for transfer to the City
Finance Department.
5) The applicant shall pay a cash -in -lieu payment for the
reduction of approximately 500 s.f. of open space to the Building
Department for transfer to the City Finance Department.
6) A drainage plan shall be approved by the City Engineer. The
applicant must verify drainage of the existing patio and roof
drains to the satisfaction of the Aspen Consolidated Sanitation
District.
7) A housing mitigation program for 11.55 employees must be
approved by the City Council .and appropriate deed restrictions
or payments must be completed.
RECOMMENDED MOTION: "I move to approve the Galena Plaza Special
Reviews for reduction of 11 parking spaces and approximately 500
s.f. of open space, and FAR bonus for 1.6:1, with the conditions
recommended in the Planning Office memo dated November 16, 1993."
"I move to score the Galena Plaza Growth Management project at
points, finding that required thresholds have been met for growth
management allocation."
additionally:
"I move that City Council only accept a housing mitigation package
which addresses the Housing office's concerns, specifically that
the employee generation of the project be calculated at 4.375
persons per 1,000 s.f. net.leasable, and that the deed restricted
units meet the Housing Guidelines' minimum size requirements."
Application Booklet (distributed to Commissioners earlier)
Exhibits:
"A" - Planning Staff Scoring Sheet / Recommended Score
"B" - Complete Referral Memos
"C" - Public Hearing Proof of Publication
galena.gmp.memo
7
PLANNING ZONING COW(ISSION
EXHIBIT Yj APPROVED
19 BY RESOLUTION •
CITY OF ASPEN
COMMERCIAL/OFFICE GROWTH MANAGEMENT SCORE SHEET
PROJECT: Galena Plaza (Staff) I DATE: 1119/93
1. QUALITY OF DESIGN (maximum 18 points). Each development
application shall be rated based on the quality of the
exterior of its buildings and site design and assigned points
according to the following standards and considerations:
0 -- A totally deficient design;
1 -- A major design flaw;
2 -- An acceptable (but standard) design; or
3 -- An excellent design.
The following features shall be rated accordingly:
(a) ARCHITECTURAL DESIGN (maximum 3 points). Considering the
compatibility of the proposed development (in terms of scale,
siting, massing, height, and building materials) with existing
neighboring developments.
RATING: 2.5
COMMENTS: Corner building that is only 2 stories - could go
higher. Pedestrian street -level is interesting. HPC comments
regarding relationship to Courthouse. Nice scale, doesn't
overpower the Courthouse, nice transition. Concerned about
mechanicals that could be seen on roof.
(b) SITE DESIGN (maximum 3 points). Considering the quality and
character of the proposed landscaping and open space areas,
the amount of site coverage by buildings, the extent of
underground utilities, and the arrangement of improvements for
efficiency of circulation, including access for service,
increased safety and privacy, and provision of snow storage
areas.
RATING: 1
COMMENTS: No improvements to circulation, safety, privacy, snow
storage. Loss of landscaping on east due to increased (max) site
coverage. Limited aesthetics/use of courtyard. Neglected Galena
frontage as main entry to Library/Plaza and Galena St. pedestrian
improvements to parking garage - narrow sidewalk, no landscaping.
Could have improved open area between subiect building and bank
buildin
(c) ENERGY CONSERVATION (maximum 3 points). Considering the use
of passive and/or active energy conservation techniques in the
construction of the proposed development, including but not
I1
PLANNING & ZONING COMMISSION
EXHIBIT C/ , APPROVED
19 . BY RESOLUTION •
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acloca!'ffie east a feet cf Lot Q, Lots R & S,
°k K C" and Toworite of Arpem For fur-
or WOO°+ Mated Kim Jofmson at the
PM Pm* nannmg PMTO. 920 Ift fie' no S Caieoa St ,
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