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AGENDA
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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
April 6, 1993, Tuesday
4:30 P.M.
2nd Floor Meeting Room
ci ty Hall
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I. COMMENTS
commissioners
Planning Staff
Public
II. MINUTES
III. NEW BUSINESS
A. Truscott Place GMQS Exemption, Leslie Lamont
IV. PUBLIC HEARING
A. Benedict Building SPA Map Amendment, SPA Plan and
GMQS Exemption, Kim Johnson
V. WORKSESSION
A. Superblock Study, Leslie Lamont
VI. ADJOURN
'"
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: April 6, 1993
Special Meeting - April 13
Aspen Art and Recreation Center (Red Brick) Rezoning (KJ)
Regular Meeting - April 20
Gordon/Callahan PUD Amendment & Rezoning (LL)
Whipple Accessory Dwelling Unit (LL)
Fortier Accessory Dwelling Unit (KJ)
Rio Grande Subdivision Conceptual SPA Master Plan Adoption (LL -
continued from March 16)
Regular Meeting- May 4
O'Block Text Amendment for Off -Street Parking (LL)
City Shop Final PUD, Stream Margin, Conditional Use, GMQS
Exemption, and Parking Special Review (KJ)
a.nex
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
DATE: April 6, 1993
RE: Truscott Place - GMQS Exemption for a Change in Use
SUMMARY: The applicant seeks a GMQS Exemption for a change in use
from office to affordable housing and lodge to affordable housing
for Truscott Place.
The Planning Department recommends approval of the GMQS Exemption.
APPLICANT: Aspen/Pitkin County Housing Authority (APCHA) as
represented by Tom Baker.
LOCATION: Truscott Place, 39551 Highway 82
ZONING: Public
APPLICANT'S REQUEST: Change in use from office to residential and
from lodge to residential.
STAFF COMMENTS: Pursuant to Section 24-8-104 B(b) of the Municipal
Code, the Commission may grant a GMQS Exemption for a change in use
provided that it can be demonstrated that the change in use will
have minimal impact upon the city. A determination of minimal
impact shall require a demonstration that a minimal number of
additional employees will be generated by the change in use and
that employee housing will be provided for the additional employees
generated; that a minimal amount of additional parking space will
be demanded by the change in use and that parking will be provided;
that there will be minimal visual impact on the neighborhood from
the change in use; and that minimal demand will be placed on the
city's public facilities from the change in use.
Change in Use Office to Residential
According to the application, the City Council and Board of County
Commissioners directed the Housing Office to move their offices
into the downtown area to increase their level of service. The
office moved into the basement of the Courthouse Plaza building and
would like to convert their off ice space at Truscott place into
affordable housing.
The vacant office is 1,375 square feet. APCHA is proposing to
convert 1,100 square feet of the office into a 2 bedroom affordable
housing unit and keep approximately 275 square feet as a manager's
office.
The APCHA office used 8-10 parking spaces which will be converted
to residential spaces.
The conversion represents an increase in the inventory of
affordable housing for two employees and dependents, if any, and
an increase in the number of residential parking spaces available
for Truscott Place. There will be no visual impact as the remodel
is interior and the residential use will be less impactive on city
facilities than an office space that accommodated seven employees.
Change in Use from Lodge to Residential
Currently there are 50 studio units in the old Red Roof Inn
(Truscott Place). A typical unit size is 360 square feet. Each
unit is equipped with a sink, refrigerator, microwave, and hot
plate. It is the intention of APCHA to upgrade these units to
improve the quality of life and fire safety aspects of the units.
APCHA proposes minor/interior remodeling to include replacement of
the hot plate with a stove.
The Code defines a dwelling unit as a separately enterable, self-
sufficient room or combination of rooms which contain kitchen and
bath facilities and which are designed for or used as a residence
by a single family or guests, independent of other families or
guests. As defined in the Code, a lodge (hotel) unit shall not
contain kitchen facilities. Although a conditional use review
occurred at the time the Red Roof Inn was converted from lodge
units to residential units (affordable housing is a conditional use
in the Public zone district) a GMQS Exemption for a change in use
was not reviewed. Therefore it is the interpretation of the
Planning Department that the 50 studio units at Truscott Place are
still lodge units and technically a GMQS Exemption for a change in
use is necessary before the units are fully converted from lodge
to residential units (replace the hot plate and add a stove).
APCHA also plans to add an outdoor storage unit, 9 parking spaces
and enclose the trash receptacle. These alterations will be
reviewed through a PUD amendment.in April.
The conversion of lodge units to affordable dwelling units
represents a decrease in the number of employees generated and an
increase in the number of affordable units in the housing
inventory. Initial remodel is interior, parking has been available
for residents since conditional use was approved, 1989. When the
stoves are installed and interior remodelling is complete the units
will be occupied in the same manner as they have been occupied.
RECOMMENDATION: Staff recommends approval of the change in use
from office to a 1,100 square foot 2 bedroom affordable residence
and 50 lodge, rooms to 50 affordable studios with the condition that
the applicant shall adhere to all representations made in the
application and at hearings.
2
RECOMMENDED MOTION: "I move to grant a GMQS Exemption for the
change in use from office to a 2 bedroom 1,100 sq. ft. affordable
dwelling unit and from 50 lodge rooms to_50 affordable studios at
Truscott Place a.k.a. old Red Roof Inn, with the condition as
stated in Planning memo dated April 6, 1993."
Exhibits
1. Office to Dwelling Unit Conversion
2. Studio Remodel
01
PLANNING & ZONING COMMISSION
EXHIBIT , APPROVED
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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 SPA designation, SPA development plan and GMQS
exemption approval for the Benedict Office Building was given by 1)
posting of notice containing the information required in Section 6-
205.E.2., which posting occurred on March 27, 1993, in a conspic-
uous 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 application to all property owners
within three hundred (300) feet of the subject property, which
mailing occurred on March 26, 1993.
Applicant:
FREDRIC A.D FABIENNE BENEDICT
nny V
The foregoing Affidavit of Public Notice was acknowledged
and signed before me this are E. day of April, 1993, by Sunny Vann on
behalf of FREDRIC A. AND FABIENNE BENEDICT.
WITNESS my hand and official seal.
My commission expires: ,. ���
-70
Notary Public
Vincent J. Higens
President
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
ASPEN, COLORADO 81611
303-925-1766 : 303-925-6527 FAX
300' OWNER'S LIST
Christina Davis
Vice President
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of Lot 16, Callahan
Subdivision as obtained from the most current Pitkin County Assessors Tax
Rolls.
NAMES AND ADDRESSES TAX SCHEDULE NUMBER
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PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
AUTHORIZED, J4.
ASPEN CLUB INTERNATIONAL
ATTN: DIANE
1450 CRYSTAL LAKE ROAD
ASPEN CO
81611
ASPEN CLUB INTERNATIONAL
C/O MARK OVERSTREET
1450 CRYSTAL LAKE ROAD
ASPEN CO
81611
BARBARA 0. FLECK 1/2
LISA BETH FLECK 1/2
1525 SOUTH LODGE DRIVE
SARASOTA FL
34239
CHARLES MADDALONE
MARLENE MADDALONE
TRUSTEES
P.O. BOX 635
ASPEN CO
81612
CITY OF ASPEN
130 SOUTH GALENA
ASPEN CO
81611
CITY OF ASPEN
130 SOUTH GALENA
ASPEN CO
81611
FREDERICO LONGORIA
DENNIS E. NIXON
BOX 1359
1200 SAN BERNARDO
LAREDO TX
78042
PHYLLIS S. HOJEL
C/O ELECTRO COM AUTOMATION
2910 AVENUE F
ARLINGTON TX
76011
POWDERHOUSE ENTERPRISES
1280 UTE AVENUE
ASPEN CO
81611
T. RICHARD BUTERA
JULIE ANTHONY BUTERA
520 E. DURANT AVENUE
ASPEN CO
81611
LOT 14A, CALLAHAN SUB
LOT 15, CALLAHAN SUB
LOT 7, CALLAHAN SUB
SOUTHERN MOST LOT, GORDON/
CALLAHAN SUB
UTE CEMETERY
UTE CHILDREN'S PARK
LOT 81 GORDON/CALLAHAN SUB
LOT 15, UTE PLACE SUB
LOT 16, CALLAHAN SUB
SUBJECT PROPERTY
LOT 14E, CALLAHAN SUB
k
6
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
74135
UTE PARK PARTNERSHIP
215 SOUTH MONARCH
ASPEN CO 81611
LOT 2A, GORDON/CALLAHAN SUB
LOT 2B, GORDON/CALLAHAN SUB
LOT 2C, GORDON/CALLAHAN SUB
LOT 91 GORDON/CALLAHAN SUB
METES AND BOUNDS
rr
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MEMORANDUM
h
"i TO: Aspen Planning and Zoning Commissio
t
FROM: Kim Johnson-, Planner
RE: Benedict Building - SPA Designation (map amendment), SPA
Development Plan, Text Amendment for Consolidated SPA
Review, and Growth Management Exemption for Affordable
Housing
DATE: April 6, 1993
SUMMARY: Staff recommends approval of the following as proposed:
1) the map amendment to designate the Benedict Office Building
parcel as a Specially Planned Area (SPA); and
2) the SPA development plan as submitted in the application;
and
3) the proposed text amendment which will allow a SPA project
to be consolidated to two steps (P&Z and City Council) from
the required four steps when the Planning Director deems that
a two step review is appropriate; and
4) GMQS Exemption for the proposed deed restricted cabin to
be moved onto the site.
APPLICANT: Fritz and Fabi Benedict and the Benedict Land and
Cattle Company, represented by Sunny Vann
LOCATION: 1280 Ute Avenue (Lot 16, Callahan Subdivision). The
parcel is 2 acres (87,120 s.f.)
ZONING: RR (Rural Residential) PUD
APPLICANT'S REQUEST: The Applicants seek to amend the Official
Zone District map to add SPA designation to the underlying RR-PUD
zoning. This will allow the non -conforming office building use to
be legalized pursuant to an SPA use variation approval. As an SPA,
a Final Development Plan must be approved. The Applicants propose
to establish as the Final Development Plan the existing buildings'
footprints, parking, open spaces and the relocated cabin.
The approximately 1,200 s.f. cabin, designed by Fritz Benedict in
the late 1940s, is currently located on a parcel in the west end.
The new owners have a demolition permit for the cabin, but will
allow the structure to be moved to .the Benedict Office Building
site.
REFERRAL COMMENTS:
1
Engineering:
1. Any excavation for construction shall be protected such that
no storm runoff from exposed soils reaches the Roaring Fork
River or public rights -of -way.
2. The City should consider seeking a wider trail easement for
construction purposes. The trail is in place at this time
with a 14' wide easement, but if it were reconstructed in the
future, a wider construction easement may be useful.
3. Indicate the use of the one story firebrick building.
4. Street light - Given the high traffic volume of commercial
building driveways, it may be advisable to require the
installation of a street light to illuminate the driveway.
5. Utilities - Any new utility pedestals must be installed on
utility easements on private property, not in the public right
of way.
6. Indicate the dimension of the full right-of-way width for Ute
Avenue along the frontage of the property.
7. The City should consider requiring provision of a pedestrian
walking space in a usable location between the edge of
pavement and the property line.
8. Trash area - Indicate a designated trash storage area on the
applicants' property.
9. Indicate the high water line, the 100-year floodplain line,
and the fisherman's easement.
10. The existing off-street parking is proposed to be used for the
relocated "Ball" residence. The curb cut width is non-
conforming and may not be enlarged.
Housing Office: Tom Baker responded that the proposed Category 4
deed restriction is acceptable, and that the minimum 1,400 s.f.
requirement will be waived for the 1,230 s.f. cabin because of the
voluntary nature of the proposal.
STAFF COMMENTS: The Benedict Office Building is a grandfathered
non -conforming use in RR (Rural Residential) zone district. This
non -conforming status restricts maintenance or upgrades for current
and future owners. As the MAA and loth Mountain Division Hut
Association are being gifted portions of the building, the non-
conforming status also affects financial aspects of their occupancy
or future sale of space. The property received City Council
approval to condominiumize the building in 1992, in anticipation
of the new non-profit ownerships.
Staff considered the situation of the non -conformity and any
alternatives to an SPA overlay. The only apparent option would be
to try to rezone the parcel O Office. This was a less desirable
option for one principal reason: by changing the zoning, any
changes to the site could be made without P&Z or Council review as
long as the use or dimensional requirements were permitted by the
Office zone. The SPA overlay ties the parcel to an approved site
2
plan. Any changes, major or minor, must be processed as an SPA
amendment. This is somewhat of a burden to the owner(s), but
assures the neighborhood and the community that changes will
receive appropriate review.
Text Amendment for SPA Consolidated Review: The Land Use Code
currently requires that SPA developments be reviewed through a four
step process Conceptual Plan (P&Z and Council) and Final Plan
(P&Z and Council). However, under the PUD (Planned Unit
Development) review requirements, the Planning Director can
determine that a 'consolidated" PUD review can occur if it is
determined that "a full four step review would be redundant and
serve no public purpose". Consolidated PUD reviews typically take
place about once every year or two.
SPA and PUD overlays have a similar purpose in reviewing various
functional aspects of a development, ie. neighborhood
compatibility, parking, open space, natural hazards, public
facilities impacts, and slope density reductions. The main
difference between PUD and SPA review is that within an SPA, a
project can receive a variation to the uses allowed in the
underlying zone district. Both SPA and PUD approvals require
recordation of a development agreement outlining the future
responsibilities of the developer and the City.
Staff believes that adopting the PUD consolidation language for
review of SPA projects makes sense because of its limited
applicability and that there is always the option for P&Z or City
Council to require full four step review if either body deems it
more appropriate for the project. The proposed language for SPA
consolidated review is:
"An applicant may request and the Planning Director may
determine that because of the limited extent of the issues
involved in a proposed Specially Planned Area in relation to
these review procedures and standards, or because of a
significant community interest which the project would serve,
it is appropriate to consolidate conceptual and final
development plan review. The Planning Director shall consider
whether the full four step review would be redundant and serve
to public purpose and inform the applicant during the pre -
application stage of whether consolidation will be permitted."
"An application which is determined to be eligible for
consolidation shall be processed pursuant to the terms and
procedures if Final Development Plan review. The Commission
or the City Council may, during review, determine that the
application should be subject to both conceptual and final
plan review, in which case consolidated review shall not
occur."
Section 24-7-1102 of the Municipal Code establishes the review
3
standards for amendments to the code:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: No land use code conflicts are evident for this proposed
text amendment.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The adopted Aspen Area Community Plan does not address
text amendments. Individual SPA projects are subject to
consideration of community impacts.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering
existi.ng'land use and neighborhood characteristics.
Response: Compatibility issues will be addressed pursuant to the
Final SPA Review standards.
D. The effect of the proposed amendment on traffic
generation and road safety.
Response: Per se, this proposed amendment has no effect.
Individual applications would be considered via Final SPA review.
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: These items will be addressed via Final SPA criteria.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
Response: Final SPA review would still be -required. Impacts will
be evaluated on a site -by -site basis.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: This amendment is not site specific, so this criteria
does not directly apply.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: This amendment affects all parcels with an SPA overlay,
thus is not specific to any particular location.
I. Whether the proposed amendment would be in conflict with
9
the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: This amendment allows for streamlined review in
appropriate situations, which is in the public interest. A
complete review under the Final SPA Review standards is still
required to evaluate a project's impacts.
Map Amendment for SPA (Specially Planned Area) Overlay: Per
Section 24-7-801 of the Municipal Code, the purpose of an SPA is
to:
"A. Provide design flexibility for land which requires
innovative consideration in those circumstances where
traditional zoning techniques do not adequately address its
historic significance, natural features, unique physical
character, or location, and where potential exists for
community benefit from comprehensive development.
B. Allow the development of mixed land uses through the
encouragement of innovative design practices which permit
variations from standard zone district land uses and
dimensional requirements.
C. Establish a procedure by which land upon which multiple
uses exist, or are considered appropriate, can be planned and
redeveloped in a way that provides for the greatest public
benefit."
As mentioned earlier in this memo, the non -conforming status of the
existing uses on this parcel jeopardizes the useful future of the
building to its current and future occupants, and the community.
The best way to legitimize the business/professional office use,
as staff sees it, is through an SPA overlay and variance approval.
Any changes to an SPA property can only occur via established
amendment procedures. A similar SPA variance for offices was
approved in 1992 at the old Aspen Savings and Loan structure.
Pursuant to Section 7-1102 the standards of review for an amendment
to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: There are no conflicts with the zoning code.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The Aspen Area Community Plan has set forth goals to
maintain and enhance the balance between resort functions and
5
community oriented functions. While this site was not specifically
identified in the Plan, this proposal will allow the established
office uses to remain into the future.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: Currently the zoning on the parcel is RR (PUD), as is
the Aspen Club, located directly to the east of the subject
property. The Ute Park Subdivision (10 units) was approved for the
parcel across Ute Avenue in 1992. To the west is parkland. The
subject property has been used for offices since its construction
in the mid 1970's. The surrounding uses have developed around it,
in full knowledge of its impacts. The proposed SPA Plan and use
variation will not change the impacts to the vicinity, except for
limited activity associated with the one additional deed restricted
residential unit.
If the non -conforming status of the property continues, the
possibility exists that the structure will not be maintained as it
should. Yet the demand for office space proximal to downtown will
likely remain high.
D. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: The only increase in trip generation will result from
the relocated cabin being proposed concurrent with the SPA overlay.
As Ute Avenue has recently been overhauled, this increase will have
minimal traffic impacts.
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: It will be necessary for the relocated cabin up, to
connect to the water and Sanitation District service lines which
are already on the property. However the map amendment is not
expected to substantially increase the demand for public services
beyond the current uses or services capabilities.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: The only new development is the placement of the cabin
on the site. Any applicable vegetation being removed shall obtain
tree removal permits. Stream margin review is not necessary for
R
this proposal.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Asper..
RESPONSE: The proposed application of the SPA overlay is
consistent with the existing uses of the site and will not
negatively impact the surrounding area. Any changes to an approved
SPA Plan must receive approval through appropriate land use
reviews.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: As mentioned in the application, the building was
constructed pursuant to legal building permits in 1973/4. The
property was rezoned R-15 PUD and RR PUD during 1975/6 as an
accommodation to the developing Callahan Subdivision and the Aspen
Club facilities. According to the application, no mention of the
non -conformity was found in the record when the'Benedict property
was rezoned to R-15 and RR. The existing office use predates
nearly all residential uses in the neighborhood., including the
intensely used Aspen Club.
The most important change to the subject property is that Fritz and
Fabi Benedict have condominiumized the building and conveyed a
substantial portion of it to the Music Associates of Aspen and the
loth Mountain Division Hut Association. The Land Use Code tightly
restricts what maintenance and improvements can be made to a non-
conforming structure (see page 4 of the application) This creates
a difficult situation to current and prospective owners of the
building for both maintenance, remodeling, and mortgage financing
aspects.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The Benedict Office Building is a valuable asset to the
community by providing much needed office space relatively close
to the commercial core. Maintaining this use via SPA Plan approval
and SPA use variation does not conflict with the community's
interest.
Review standards for development in a specially planned area (SPAJ .
The following review standards are set forth in Section 24-7-804
B. of the Aspen Municipal Code:
1. Whether the proposed development is. compatible with or
7
enhances the mix of development in the immediate vicinity of
the parcel in terms of land use, density, height, bulk,
architecture, landscaping and open space.
Response: The current office uses, along with the one residential
unit, has co -existed with the Aspen Club, park, and residential
uses along Ute Avenue since the mid 19701s. Since the site will
remain virtually the same, except for the proposed relocated cabin,
compatibility is maintained.
2. Whether sufficient public facilities and roads exist to
service the proposed development.
Response: Ute Avenue has recently been improved by an improvement
district, and can service the existing office building and proposed
residential unit.
3. Whether the parcel proposed for development is generally
suitable for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
Response: The only new development will be the cabin on the south
side of the property. As indicated in the application, this
location is within a "blue zone" rating for avalanches. According
to Art Mears, avalanche specialist, a blue zone indicates that
structures are subject to low frequency, moderate energy slides,
typified as loose powder -type slides. Construction is not
prohibited in blue zones, but certain construction methods must be
employed to relieve avalanche impacts to the structure and its
surroundings. Art Mears is expected to make an inspection soon at
the cabin site to prepare his recommendations for construction.
A suggested condition of approval is that his recommendations shall
be followed when siting and constructing the cabin/foundation, and
must be attached to any building permits for the cabin. Prior to
consideration by City Council, the Applicant shall provide Mr.
Mears' finding for this site
The recent snowslide across Ute Avenue from the Benedict building
is an example of a wet, slab type slide indicated as line #1 on the
sketch provided in your packet.
4. Whether the proposed development creatively employs land
planning techniques to preserve significant view planes, avoid
adverse environmental impacts and provide open space, trails
and similar amenities for the users of the project and the
public at large.
Response: The cabin is proposed to be located
on the property, taking advantage of the slop
the storage garage. The setbacks required
underlying RR zone are being honored. Open
E'1
in a sensitive manner
e in order to excavate
of structures in the
space and trails are
already provided on the property.
S. Whether the proposed development is in compliance with the
Aspen Area Comprehensive Plan.
Response: The Benedict Building predates the 1973 Land Use Map
which established this area as single family residential. The
current Aspen Area Community Plan does not make site specific
recommendations, but does recognize the loss of local -oriented
business locations, and loss of funky character in Aspen.
Providing for the continued viability of this office building, and
the relocation of a classic log cabin supports the objectives of
the AACP.
6. Whether the proposed development will require the expenditure
of excessive public funds to provide public facilities for the
parcel, or the surrounding neighborhood.
Response: No public expenditures are needed for this project.
7. Whether proposed development on slopes in excess of twenty
percent (20%) meet the slope reduction and density
requirements of Sec. 7-903 (B) (2) (b) .
Response: This standard does not apply.
8. Whether there are sufficient GMQS allotments for the proposed
development.
Response: The applicant is seeking GMQS exemption for the deed
restricted cabin, so a growth management allocation is not
necessary.
Use Variations permitted within an SPA: Section 24-7-804 D.2.
allows variation the uses permitted by the underlying zoning
based on the standards of Section 24-7-804 B (the review standards
addressed above) . Any variations allowed shall be specified on the
SPA agreement and shown on the final development plan. If the SPA
overlay is approved, and the office use is deemed appropriate via
variation to the underlying RR zone, the SPA Agreement shall state
the variation.
GMQS Exemption for Affordable Housing: Pursuant to Section 8-104
C.1(c) the Council shall exempt deed restricted housing that is
provided in accordance with the housing guidelines. The Commission
shall review and make a recommendation to Council regarding the
housing package. According to the Code, the review of any request
for exemption of housing pursuant to this section shall include a
A
determination of the City's need for such housing, considering the
proposed development's compliance with an adopted housing plan, the
number of dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of
bedrooms in each unit, the size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed price
categories to which the dwelling units are to be deed restricted.
Response: The Housing Office and Planning staff recommends
approval of growth management exemption for the Category 4 deed
restricted single family home to be relocated to this parcel.
Please refer to the Housing Office referral, Exhibit "B".
RECOMMENDATION: Staff recommends approval of the SPA Designation
of the Benedict Office Building, SPA Development Plan, text
amendment allowing consolidated SPA review, and GMQS Exemption for
the Category 4 deed restricted cabin, with the following
conditions:
1. Prior to issuance of any building permits, the applicants shall
provide a storm drainage plan prepared by an engineer registered
to practice in the State of Colorado. The plan shall meet the
requirements of Section 24-7-1004.C.4.f.
2. The applicants shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
3. Prior to issuance of a building permit, the applicants shall
provide a final development plan for approval by the Engineering
Department.
4. Prior to review by City Council, the applicant shall determine
which avalanche mitigation techniques will be employed to protect
the relocated cabin, as recommended by Art Mears or suitable
avalanche expert. Such mitigation techniques shall also be
attached to the relocation and/or building permit for the cabin.
5. Prior to the issuance of any building permits, the applicant
shall record the Category 4 deed restriction for the relocated
cabin. The restriction shall be approved by the Housing Office
prior to recordation. Copies of the recorded document shall be
forwarded to the Planning Office.
6. The Final SPA Development Plan and SPA Agreement (including use
variation for professional and business offices) shall be recorded
in the office of the Pitkin County Clerk and Recorder. Failure on
the part of the applicant to record the documents within a period
of one hundred and eighty (180) days following approval by the City
Council shall render the approvals invalid, unless reconsideration
and approval of both the Commission and City Council is obtained
10
before their acceptance and recording, or an extension or waiver
is granted by City Council.for a showing of good cause.
7. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission and City Council shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
EXHIBITS
A - Proposed Site Plan and Application Information
B - Referral Memos
11
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
DATE: April 6, 1993
RE: 'Superblock Worksession
SUMMARY: Two months ago, Council and the property owners of the
Buckhorn Lodge, Bell Mountain Lodge, City Market and the Hannah
Dustin office building contributed money to a conceptual study of -
the "Superblock" concept.
The scope of work included the review of underground parking and
above grade site planning; this was a recommendation contained
within the Aspen Area Community Plan Transportation Action Plan.
The proposed underground parking structure is one component of the
draft Transportation Plan; the Plan is currently being discussed
by the Transportation Committee members with numerous organizations
in order to gain input and recommendations.
The superblock study area included the Kraut property and the land
bounded by the alleys on the Kraut property block and the City
Market block.
A consultant team comprised of Jim Curtis, Joede Schoeberlein,
Harry Teague and Jonathavn Rose orchestrated several meetings with
surrounding property owners, city staff, and Council. The team has
developed recommendations for the Commission and Council for
pursuit of the "superblock" concept.
The purpose of this worksession is to introduce the Commission to
the work and ideas generated by the property owners and consultant
team.
An April 1T 1993 worksession with Council has been scheduled.
Staff will -fake recommendations for both the Kraut property and the
"superblock" concept.
STAFF COMMENTS:
Parking
One Garage: The team considered the design and costs of one large
parking garage beginning underneath the Kraut property (including
the A -frame parcel) and ending at the alley between City Market and
the Durant Mall.
Most utilities except water and storm drainage are located in the
alley. A parking garage underneath the alley between Kraut and
Bell/Buckhorn Lodges would require the relocation of utilities.
Relocation would be very costly. The alternative is to build a
vault to house the utilities in the alley which would allow a
continuation of the garage at the second level.
In order to build one garage, a development plan for the
redevelopment of all the properties would have to be in place. A
development plan of this nature will be very time consuming and
complex.
Two Garages: The second parking scenario was two separate garages,
one underneath Kraut including the A -frame parcel and one
underneath Bell Mountain/Buckhorn Lodge/City Market.
If separate garages were built the utilities in the alley would
remain untouched. The Kraut property could be developed next year
without waiting for the development of'the rest of the superblock.
If the garage was tucked under Hyman Avenue no parking spaces would
be lost by splitting the garages.
The team recommends developing two garages. The garage underneath
the Kraut property would accommodate the Kraut property development
and build -out on the A -frame parcel (some extra spaces will be
available for lease). As a result, the City can focus resources
on a municipal parking structure underneath the superblock.
Site Planning
At the request of the property owners the City has begun to explore
a variety of land use tools to create redevelopment flexibility on
the superblock.
One possibility is a SPA overlay. Through a SPA overlay many
redevelopment strategies are available. Among those that have been
discussed are: pursue a "superblock town square" concept, rezone
the LP zone district to NC with lodge on the second floor, flip
City Market property to the other side of Cooper Avenue, enable
the expansion of City Market, combine employee housing on one site,
develop 100% employee housing on the Kraut property, and close
Cooper Avenue.
Details
Jim Curtis together with Jodie Schoeberlein will make a detailed
presentation to the Commission emphasizing the difference between
one and two parking garages, traffic and pedestrian circulation,
and conceptual ideas for the "superblock town square" concept.
2