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HomeMy WebLinkAboutagenda.apz.19930803 AGE N D A . ------------------------------------------------------------------ ------------------------------------------------------------------ ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING August 3, 1993, Tuesday 4:30 P.M. 2nd Floor Meeting Room ci ty Hall ------------------------------------------------------------------ ------------------------------------------------------------------ I. COMMENTS commissioners Planning staff Public II . MINUTES III. PUBLIC HEARING A. 939 E. Hyman Survey Monument Landmark Designation, Amy Amidon (This item was tabled at the HPC meeting of 7/28/93 to give the landowner additional time to consider potential development on the site. As a result, the P&Z public hearing needs to be continued to September 7, 1993. The P&Z needs to formally open the public hearing and vote on continuance of this item.) IV. OLD BUSINESS A. Land Use Code Text Amendments Discussion Condominiumization, Francis Krizmanich (Continued from July 20) V. DISCUSSION A. AACP Update, Cindy Houben B. Floor Area Ratio Discussion, Kim Johnson VI. ADJOURN ~ I A G E N D A ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING August 3, 1993, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall ------------------------------------------------------------------ I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARING A. 939 E. Hyman Survey Monument Landmark Designation, Amy Amidon (This item was tabled at the HPC meeting of 7/28/93 to give the landowner additional time to consider potential development on the site. As a result, the P&Z public hearing needs to be continued to September 7, 1993. The P&Z needs to formally open the public hearing and vote on continuance of this item.) IV. OLD BUSINESS A. Land Use Code Text Amendments Discussion - Condominiumization, Francis Krizmanich (Continued from July 20) V. DISCUSSION A. AACP Update, Cindy Houben B. Floor Area Ratio Discussion, Kim Johnson VI. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: August 3, 1993 August 17, 11 AM - 2 PM, Council Chambers, Aspen Highlands Village General Submission Presentation of the project by the applicants Regular Meeting - August 17 Early Learning Center Transporation Plan (LL) Aspen Highlands Base Village Referral (LL/DM) Condominiumization Regulations Amendment (FK) Special Meeting - August 24 Kastelic PUD/Subdivision (LL) Aspen Meadows Traffic Mitigation Plan Review (KJ) Regular Meeting - September 7 103 Park Stream Margin Review Amendment (KJ) 939 E. Hyman Survey Monument Landmark Designation (AA) a.nex 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Francis X. Krizmanich RE: Condominiumization Discussion DATE: August 3, 1993 SUMMARY: The Planning Staff discussed proposed amendments to Section 7-1007, Condominiumization, with the Planning Commission on July 20, 1993. A new state statute, the Colorado Common Interest Ownership Act (CCIOA) requires that local laws cannot treat properties differently merely because of the form of ownership; it appears that the Aspen condominium regulations, as written, may be'in conflict with this statute. At the meeting on July 20, staff recommended that the condominiumization regulation be amended to be a simple subdivision platting process. The requirements for housing mitigation would be deleted. The Planning Commission seemed to agree with this recommendation. In addition, based on direction from the City Council, the staff proposed to require that all residential districts be restricted to long-term occupancy (six month minimum lease) with two shorter tenancies per year allowed. Alternatively, short term accommodations (hotels, motels, lodges and some residences) were proposed to be limited to short term occupancy. The Planning Commission expressed the following concerns with this proposal regarding the six month minimum lease: • It does not appear that the proposed restrictions are necessary at.this time. • The trend appears to be away from the short term rental of dwellings in residential zones, in part due to an increased supply of quality hotel accommodations in Aspen. • The market tends to "adjust" itself to maintain a balance between resident and short term accommodations. • Enforcement of lease restrictions would be extremely difficult and would probably be somewhat unpopular with the general public. RECOMMENDED ACTIONS: In response to our discussions with the Planning Commission, it appears that a softer approach to occupancy requirements is more appropriate at this time. The staff and Planning Commission discussed both the possibility of amending 1 3 definitions in the Code and revising the "Purpose" sections of each zone district to reflect their orientation to residential versus short term accommodations. The staff opinion at this time is that the existing definitions adequately address occupancy issues. For your review and discussion, the relevant definitions follow: • Dwelling means a permanent building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, lodge units, clubs, hospitals, temporary structures such as tents,'railroad cars, trailers, street cars, prefabricated metal sections, or similar units. • Dwelling, multi -family means a dwelling containing three (3) or more attached dwelling units, not including hotels and lodges, but including town houses,, with accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. One .(1) or more dwelling units located within an office, retail, or service commercial building shall also be considered a multi -family dwelling. • Dwelling unit means 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. • Hotel means a building containing three (3) or more individual rooms for the purpose of providing overnight lodging facilities on a short-term' basis to 'the general public, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, combined utilities and on -site management and reception. A hotel unit shall not contain kitchen facilities. • Residential use means used or intended for use exclusively for dwelling purposes, but not including hotel or lodge rooms. The zone district "Purpose" sections generally appear to contain adequate descriptions of the intent to have residential or hotel uses. The staff has added "long term" to strengthen the purpose sections in the residential sections in the residential zone districts. The zone district Purpose sections are quoted below with "long term" inserted where appropriate in bold print. Sec. 5-201. Medium -Density Residential (R-6). A. Purpose. The purpose of the Medium -Density Residential (R-6) zone district is to provide areas for long term residential 2 purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Medium -Density Residential (R-6) zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center of the city. Sec. 5-202. Moderate -Density Residential (R-15). A. Purpose. The purpose of the Moderate -Density Residential (R- 15) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate -Density Residential (R-15) zone district typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the city. Lands within the Townsite which border Aspen Mountain are also included in the Moderate -Density Residential (R-15) zone district. Sec. 5-203. Moderate -Density Residential.(R-15A). A. Purpose. The purpose of the Moderate -Density Residential (R- 15A) zone district is to provide areas for long term residential purposes with .customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate -Density Residential (R-15A) zone district are similarly situated to those in the Moderate - Density Residential (R-15) zone district and are lands annexed from Pitkin County from zone districts in which duplexes are a prohibited use. Sec. 5-204. Moderate -Density Residential (R-15B). A. Purpose. The purpose of the Moderate -Density Residential (R- 15B) zone district is to provide areas for long term residential purposes with customary accessory uses. Lands in the Moderate -Density Residential (R-15B) zone district are similarly situated to those in the Moderate -Density Residential (R-15) and (R-15A) zone districts, but are those in which single-family structures are a permitted use and duplexes are prohibited. Sec. 5-205. Low -Density Residential (R-30). A. Purpose. The purpose of the Low -Density Residential (R-30) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Low -Density Residential (R-30) zone district are typically located along river frontages in outlying areas of the city. Sec. 5-206. Residential Multi -Family (R/MF). A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential/Multi-Family (R/MF) zone district are typically those found in the original Aspen Townsite, within walking distance of the center of the city, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. Sec. 5-2061.1. Residential/Multi-Family (R/MFA). A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential/Multi-Family (R/MF(A)) zone district are typically newly annexed areas, within walking distance of the center of the city, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. Sec. 5-206.2. Affordable Housing (AH). A. Purpose. The purpose of the Affordable Housing (AH) zone district is to provide for the use of land for the production of low, moderate and middle income affordable housing and resident occupied units. The zone district also permits a limited component of free market units to off -set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The Affordable Housing (AH) zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Affordable Housing (AH) zone district should be scattered throughout the city to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the Affordable Housing (AH) zone district can protect the city's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the Affordable 4 J Housing (AH) zone district should be located within walking distance of the center of the city, or on transit routes. Sec. 5-207. Residential Mobile Home Park (MHP). A. Purpose.' The purpose of the Residential Mobile Home Park (MHP) zone district is to provide for the use of land to locate manufactured housing for intensive long-term residential purposes, with customary accessory uses and less intensive office uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. The Residential Mobile Home Park (MHP) zone district shall be located in areas where the effect on surrounding property shall be minimized, where the health, safety and general welfare of Residential Mobile Home Park (MHP) zone district residents and others will be protected and where the topography is suitable for the permitted uses and conditional uses allowed in the Residential Mobile Home Park (MHP) zone district. Sec. 5-208. Rural Residential (RR). A. Purpose. The purpose of the district is to allow utilization term residential purposes institutional, public and othe found in proximity to those use conditional uses. Sec. 5-209. Commercial Core (CC). Rural Residential (RR) zone of land for low density, long with the recreational, r compatible uses customarily s allowed as permitted uses or A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central business core of the city. Hotel and principal long- term residential uses may be appropriate as conditional uses, while residential uses are permitted or may be appropriate as conditional uses. Sec. 5-210. Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) zone district is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. Sec. 5-211. Service/Commercial/Industrial (S/C/I). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer 5 7 traffic volumes, and to permit customary accessory uses, including residential dwelling units. Sec. 5-212. Neighborhood Commercial (NC). A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be compatible with the surrounding neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems, and to serve the daily or frequent trade or service needs of the neighborhood. Sec. 5-213. Office (0). A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares. Sec. 5-214. Lodge/tourist Residential (L/TR). A. Purpose. The purpose of the Lodge/Tourist Residential (L/TR) zone district is to encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist -oriented detached, duplex and multi- family residential dwellings. Sec. 5-215. Commercial Lodge (CL). A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the establishment of mixed use commercial development and lodge units by permitting commercial uses at street level but requiring that all additional stories be lodge accommodations. Sec. 5-216. Lodge Preservation (LP). A. Purpose. The purpose of the Lodge Preservation (LP) zone district is to preserve existing lodges in. their existing locations and to permit the limited expansion of these lodges when such expansions are compatible with neighboring properties and provide an incentive for upgrading of the existing lodge on -site or onto adjacent properties. Sec. 5-217. Conservation (C). A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density development to enhance public recreation, conserve natural resources, encourage the 2 Ll production of crops and animals, and to contain urban development. Sec. 5-218. Academic (A). A. Purpose. The purpose of the Academic (A) zone district is to establish lands for education and cultural activities with .attendant research, housing and administrative facilities. All development in the Academic zone district is to proceed according to a conceptual development plan and final development. plan approved pursuant to the provisions of Article 7, Division 8, Specially Planned Areas. Sec. 5-219. Park (P). A. Purpose. The purpose of the Park (P) zone district is to ensure that land intended for recreation use is developed so as to serve its intended use, while not exerting a disruptive influence on surrounding land uses. Sec. 5-220. Public (PUB). A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental and quasi - governmental facilities for cultural, educational, civic and other governmental purposes. Sec. 5-221. Transportation Overlay (T) zone district. A. Purpose. The purpose of the Transportation Overlay (T) zone district is to provide for the uses necessary to accommodate the public transportation needs of the city, including the bus system, public parking, and similar uses. Sec. 5-222. Drainage Overlay (D) zone district. A, Purpose. The purpose of the Drainage Overlay (D) zone district is to provide for the uses necessary to accommodate the water draining from Aspen Mountain, as well as to retain the drainage discharging from the city's drainage system. Sec. 5-223. Golf Course Support Overlay (GCS) zone district. A. Purpose. The purpose of the Golf Course Support Overlay (GCS) zone district is to provide for the uses necessary to support the City of Aspen Golf Course, and to permit such other uses as may be required for the facility on a year round basis. Sec. 5-224. Lodge Overlay (L) zone district. A. Purpose. The purpose of the Lodge Overlay (L) zone district is to provide for lodge uses in areas of the city suitable for 7 lodge accommodations where there are limitations on development that necessitate the permitted density to be significantly less than that in the city's other lodge zone districts. lo MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Director of Long Range Planning RE: Update / Implementation of the Aspen Area Community Plan DATE: August 3, 1993 SUMMARY: The Aspen Area Community Plan (AACP) was approved in February of 1993. Growth Management/code amendments were established as the highest priority with the City Council and the Board. Both the City and the County provided supplemental budget requests relative to the implementation of specific action items (Growth Management, Resident Occupied program and commercial revisions) . In March, staff developed an implementation schedule for the action items listed in the plan (attached). In May, the Planning office began work with Jim Duncan and Associates, consultants, on the major Growth Management revisions. The Planning staff attended a City department head meeting to explain the adoption of the plan and the responsibility for implementation by various City departments. Staff met with each department separately to review specific tasks and explain the implementation schedule in more detail. Staff also met with the County departments that will play a role in implementation of the plan. The major focus of the Planning office work has been on revisions to the Growth Management system. The first draft of revised regulations has been developed and is being reviewed in-house by a team of planning office members. Staff is also meeting on a weekly basis with Tom Baker and Dave Tolen of the Housing Authority relative to future affordable housing regulations. MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: AACP Discussion Item: R-6 Zone District Floor Area Ratios DATE: August 3, 1993 --------------------------------------------------------------- --------------------------------------------------------------- In the Design Quality and Historic Preservation implementation section of the Aspen Area Community Plan, Item 12 reads: "Review the appropriateness of current f loor area ratio allowances in the R-6 zone district." Staff would like the Commission's input on this topic prior to formulating specific recommendations for possible code amendments. We recognize that the Commission has in the past expressed a desire to consider FARs and bulk and massing issues for other residential zones. This is the opportunity to forward initial comments to the AACP implementation team that will be developing the new regulations. l02