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HomeMy WebLinkAboutagenda.apz.19930105 AGENDA ------------------------------------------------------------------ ------------------------------------------------------------------ ASPEN PLANNING AND ZONING COMMISSION January 5, 1993; Tuesday 4:30 P.M. REGULAR MEETING 2ND FLOOR MEETING ROOM CITY HALL ------------------------------------------------------------------ ------------------------------------------------------------------ I. COfv1MENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Block Conditional Use Review, Kim Johnson (continued from November 3, 1992) B. Snare Residential GMP Scoring, Kim Johnson C. UTR Zone District Text Amendment for Commercial Parking, Kim Johnson D. Aspen Mountain Subdivision PUD Amendment, Diane Moore IV. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant DATE: January 5, 1993 RE: Upcoming Agendas Special Meeting - January 12th AACP Endorsement - Joint meeting (CH) Regular Meeting - January 19th Common Ground Housing Subdivision, Stream Margin Review & Special Review (LL) Rio Grande Subdivision (LL) Zaluba 8040 Greenline Wall Amendment (LL) Thalberg Conditional Use Review for a 2nd Dwelling (KJ) Regular Meeting - February 2nd Text Amendment for Trellises in Open Space (KJ) AFFIDAVIT I, Katia Stringfield, being first duly sworn on oath, depose and state that: 1. I am the agent of Savanah Ltd. Partnership, the applicant in connection with a PUD Amendment request for Lot 1 of the Aspen Mountain Subdivision and an amendment to the text of the Aspen Land Use Regulations which are the subject of public hearings by the Aspen Planning `nd Zoning Commission on January 5, 1993 2. I complied with the notice requirements of Sec. 6-205(E) of the Aspen Municipal Code by the mailing of notice to property owners within 300 feet of the subject property on or before December 21, 1992. 3. The foregoing statements are true of my own STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) 7�ler nal knowledge. / ` A.at ' tr' gfield a Ltd. P to rship ast Coope e, Suite 200 ►spen, Colora 81611 The foregoing Affidavit of Katia Stringfield was acknowledged before me this 4th day of January,1992. WITNESS my hand and official seal. My commission expires: � 1 J-q l Q1 OTAR PUBLIC Address: I, Joseph Wells, being first duly sworn on oath, depose and state that: 1. I am the agent of Savanah Ltd. Partnership, the applicant in connection with a PUD Amendment request for Lot 1 of the Aspen Mountain Subdivision and an amendment to the text of the Aspen Land Use Regulations which are the subject of public hearings by the Aspen Planning and Zoning Commission on January 5, 1993. 2. I complied with the notice requirements of Sec. 6-205 (E) of the Aspen Municipal Code by posting of the notices illustrated on the attached photographs on the subject property on December 23, 1992. 3. The foregoing statements are true of my -,,Joseph /Wells .'' 602 Midland Park Place s Aspen, Colorado 81611 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing Affidavit of Joseph Wells was acknowledged before me this 4th day of January, 1992. WITNESS my hand and official seal. My commission expires: � /�1 Iq q J- 5� n L-- NOTARY 14JBLIC Address: -0?(,Q,� U November 24, 1992 Mr. Dave Tolen Aspen/Pitkin Housing Office Delivered by FAX to 920-5580 Dear Dave: Since there has been some confusion about the revisions to the employee generation figures included in the Ritz -Carlton PUD Amendment application, I thought it would be helpful to restate the figures another way to try to clarify. Under the original approvals granted in 1985 (Roberts), 447 lodge units were approved for construction on Lots 1 and 5 of the PUD.This total included 172 lodge GMQS allocations and 275 replacement lodge units. When this approval was amended as spelled out in the First Amended and Restated PUD Agreement, the maximum number of lodge units was reduced to 342 (292 in Phase I, or Lot 1, and 50 in Phase II, or Lot 5). This reduction in the total number of lodge units permitted in the PUD had the effect of reducing the lodge GMQS allocations for the project from 172 to 77, since the buildout could be accomplished with these 77 allocations and the 275 replacement units. Nonetheless, when we recalculated the employee generation figures for inclusion in Exhibit B to the First Amended and Restated PUD Agreement, we retained the original allocation of 172. In the calculations of employee generation from lodge operations, the balance of the Phase I buildout of 292 lodge units was therefore made up of 120 of the replacement lodge units as reflected in Exhibit B. In the 1992 Amended PUD Submission or Lot 1, the ma nubuildo for lodge units has been further reduced to (257 in Phase I, or Lot 1, ani 2% in Phase II, or Lot 5). When we recalculated the employee generation figures for the project for inclusion in the new application (page 13), we retained the same format as Exhibit B to the First Amended and Restated PUD Agreement, but we decided to acknowledge that some of the original lodg allocation of 172 could not be utilized because of the reductions yin the ) 2- buildout of lodge units permitted in the PUD. The rnxxr buildout in the PUD can be achieved with the 275 replacement units and odge QS allocations. TherefoWcodge he 257 lodge units in Phase I is made up of replacement units and the GMQS allocations; this is reflected in the chart on the top of page 14 of the application, which deals only with Phase I lodge units. Mr. Dave Tolen page 2 To some extent, these generation calculations are unimportant because of the audit which will ultimately establish the actual employee generation of the project: in addition, the owner's original commitment to house 198.5 has been maintained in the proposed amendment. Please let me know if you still have questions about the calculations, however. Sincerely, Joseph Wells, AICP cc: Dianne Moore Perry Harvey Ferd Belz Under Ordinance 12, Series of 1991, Savanah is obligated to provide housing for two additional employees for the Ice Rink and Park approved for Lot 6, and for a third additional employee if food service is provided. These additional employees will be housed in deed -restricted rooms in the Grand Aspen as provided for in the ordinance. The First Amended PUD Agreement (Section E) requires that the affordable housing obligation for Hotel Phase II (or Lot 5), if any, be established by an amendment process, based on the final development program for Hotel Phase II. Existing development on Lot 5 presently includes a 155 unit full -service hotel with conference, restaurant and bar facilities. In all probability, reconstruction on Lot 5 will result in a dramatic decrease in employee generation. Nonetheless, the amount will be established in a future amendment. The affordable housing obligation for the 8 residential GMQS units in Hotel Phase II will also be established in the amended Submission for Lot 5. The remaining residential units in the PUD, including those to be utilized in the development program for Lot 3 (Top of Mill) are replacement units; the affordable housing obligation associated with all of the replacement residential units, which was established under the original PUD Agreement at 29 to be housed, was reaffirmed under the First Amended PUD Agreement (Exhibit B). In order to establish the revised employee generation for Hotel Phase I, Galena Place, Summit Place and Replacement Housing resulting from the addition of residential units sought by this amendment request, the same factors used in Exhibit B of the First Amended PUD Agreement have been applied to the existing development and to the remainder of the proposal: , di Arle1 l 1. Lodge Operation: New lodge rooms (229) 229 New 1-BR Suites (26) 26 New 2-BR Suites (2) 4 'Total Bedrooms (257 units) 259* Living Rooms Q 25% 7 Total Rooms 266 Employees per lodge room .36 Employee generation 95.76 13 Existing lodge rooms being rebuilt (257 units les allocations) m Employees per .20 p Em loyYee credit :6 ' 25. o Net new employees x5546 ?a. r GMQS employees housed 60% Employees to be housed 431.&'47'.4, * The number of hotel bedrooms is two greater than the number of hotel units because of the second bedroom in the two Ritz -Carlton suites. 2. Accessory Food and Beverage: New restaurant sq.ft. (net) New lounge sq.ft. (net) New kitchen sq.ft. (net) Subtotal, New food & beverage sq.ft. Employees per 1,000 sq.ft. Employee generation Existing F&B and Kitchen sq.ft. Employees per 1,000 sq.ft. Employee credit Net new employees GMQS employees housed Employees to be housed 3. Accessory Retail: New net leaseable retail sq.ft. Employee per 1,000 sq.ft. Employee generation Existing net leasable retail sq.ft. Employees per 1,000 sq.ft. Employee credit Net new employees GMQS employees housed Employees to be housed 4. Non -Accessory Commercial GMQS, Phase I: New retail Employee per 1,000 sq.ft. Employee generation 14 3,713 3,163 4,441 11,317 12.8 114.86 4,900 9.0 44.1 100.76 60% 60.46 5,770 3.5 20.2 700 3.5 2.5 17.7 60% 10.6 0 3.5 0 0 5. Residential GMQS (Lot 4): Population of unrestricted units 4 3-BRs Q 3.0/du (58%) 12.0 Employees to be housed (42%) 8.7 6. Employee Housing Replacement: Employees to be housed 29.0 Summary of Employees to be Housed: 1. Lodge Operations -334-- .� 2. Accessory Food & Beverage 60.5 3. Accessory Retail 10.6 4. Non -Accessory Commercial GMQS 0.0 5. Residential GMQS (Lot 4) 8.7 6. Replacement Housing 29.0 Total, Lot 1, Lot 2, Lot 4 and Replacement �9 Employees to be Housed The revisions to the program proposed in this application for the Ritz -Carlton site result in a net reduction in full-time equivalent employment from 247.5 to 214.6, or 32.9 employees from that approved under the First Amended PUD Agreement. This is consistent with the compromise arrived at with the City (which led to the adoption of the First Amended PUD Agreement) to develop a program for the PUD which would result in significantly reduced hotel rooms and amenities and therefore reduced impacts on the community. At 60% to be housed, the credit to the overall PUD obligation is 19.6 employees to be housed. Although the affordable housing obligation for Hotel Phase I, Galena Place, Summit Place and Replacement Housing within the PUD is reduced by 19.6 employees to 141.9, Savanah is nonetheless maintaining its prior commitment to house 198.5, as well as to house 60% of the full-time equivalent employees of the Ritz -Carlton in excess of 330.8, if any, to be determined by the audit procedure established in the First Amended PUD Agreement. C Effect of the proposal on required parking: Under paragraph B(6) of the First Amended PUD Agreement, 220 subgrade spaces are required to be provided on Lot 1 for the approved 294 lodge 15 3 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Block Conditional Use for a Duplex on an Historic Landmark Parcel, 311 North St. - Continued Public Hearing DATE: January 5, 1993 SUMMARY: The Planning Commission opened the public hearing on this item on November 3, 1992. The Commission decided to continue to hearing to January 5, 1993 in order to allow City Council to consider the request for Landmark Designation prior to the Commission's final determination of the conditional use request. Another Commission concern was the parking reduction on the parcel. On December 8, 1992, Roxanne Eflin reported to the Commission that the Council approved Landmark Designation on first reading, and requested that the Commission leave the conditional use continuation set for the January 5, 1993 date. The Commission consented to this schedule. On December 23, 1992, the Historic Preservation Committee approved a Final Development Plan for 311 North Street. The applicant had altered his plan to include on -site all parking required by the land use regulations (1 space per bedroom). Attached is the staff memo from Roxanne Eflin to the HPC, including the revised site plan showing six parking spaces. Also attached is the Planning staff memo from the November 3, 1992 meeting. Another concern voiced by the Commission was that the proposed addition is 6.5' from the site lot line. Staff must re -iterate that this setback meets the code requirements. Based on the revised parking plan, and the compliance with the review criteria for Conditional Uses, staff continues to recommend approval of the Block duplex at 311 North Street with the following conditions first listed in the November 3, 1992 Planning memo: 1) Prior to issuance of a building permit, the parcel must be designated as an historic landmark by the Aspen City Council. 2) Prior to issuance of a building permit, the Engineering Department must have approved a drainage plan maintaining all but historic storm run-off on -site. This shall be included within the building permit set. 3) All on -site parking must be indicated on site plan for building permit. Required parking in the R-6 zone shall be met unless the parcel obtains landmark designation and a parking reduction by the Historic Preservation Committee. 4 ) Prior to the issuance of any building permits, the owner shall pay the applicable cash -in -lieu amount as calculated at the time of issuance of building permit for the amount of FAR increase of the new dwelling unit. Payment shall be made to the City Finance Department for deposit in the ordinance 1 account. A copy of the payment receipt must be forwarded to the Planning Office. 5) The stairway in the rear must conform to setback requirements or receive a variance. 6) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and Historic Preservation Committee shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move approve a Conditional Use for a duplex at the Block property at 311 North Street, with the conditions recommended in the Planning Office memo dated 1/5/93." 0 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Block Conditional Use for a- Duplex on an Historic Landmark Parcel, 311 North St. - Public Hearing DATE: November 3, 1992 SUMMARY: The Planning Office recommends approval of the Block Conditional Use for a 1,884 s.f. second dwelling unit to be attached to the existing dwelling, creating a duplex on a lot of 7,500 s.f. with conditions. The structure is being concurrently considered as an historic landmark. Official designation must be obtained in order for this conditional use to become effective. APPLICANT: Beate and Martin Block, represented by Jim Weaver LOCATION: 311 North St., Lots 3,4 and 1/2 of 5, Block 40 of Hallam's Addition ZONING: R-6 APPLICANT'S REQUEST: The applicant requests Conditional Use for the construction of an additional 1,884 s.f. 3 bedroom dwelling unit to create a duplex. 'dotal FAR, including the existing 3 bedroom residence, will be approximately 3,300 s.f. Duplexes are allowed on lots as small as 6,000 s.f. if the parcel is a designated historic landmark. Landmark designation is being requested concurrently with this conditional use. The applicant has submitted floor plans and elevation drawings. See Attachment "A" REFERRAL COMMENTS: Complete referral memos are attached as Exhibit "B " Housing: The creation of the new dwelling unit requires compliance with Ordinance 1, the housing replacement ordinance. In order for a cash -in -lieu payment to be deferred, the resident must qualify as a working resident or as a senior citizen who is a former working resident. Engineering: 1) Prior to issuance of a building permit, the Engineering Department must have approved a drainage plan maintaining all but historic storm run-off on -site. This shall be included within the building permit set. 2) All on -site parking must be indicated on site plan for building permit. Required parking in the R-6 zone is one space per bedroom, or six on -site parking spaces. If the 7 parcel obtains landmark designation and subsequent parking reductions, It is recommended that the maximum number of ,,spaces be included in the existing parking area. 3) The second unit will require a separate water meter. Other utilities may require separate metering also. Zoning: The rear deck appears to conform to the setback, but the stairs appear to encroach and need a variance. STAFF COMMENTS: This proposed unit will create a duplex, which is allowed on this 7,500 s.f. lot only if the property is designated as an historic landmark. A non -designated parcel in the R-6 zone must contain at least 8,000 s.f. in order to develop a duplex. The landmark hearings are being held concurrently with the conditional use hearing. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: If this property receives landmark designation, the duplex allowance provides incentive to retain structures which contribute to Aspen's heritage. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The duplex use is compatible with the other residential uses in the surrounding neighborhood. The design of the new unit must be in harmony with the original Herbert Bayer house, and must receive approval from the Historic Preservation Committee. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: This proposed unit will allow the owners to live in the new unit and their family (children and grand children) to occupy the original unit when visiting. A total of six bedrooms will result from the proposal. Parking spaces were not shown on the site plan, but staff calculates that 5 spaces would fit on the gravel driveway within the property boundaries. The Applicant must locate one more on -site space or reduce the bedrooms on the 2 71 L property. The HPC may grant a variance for one space based on historical compatibility. There are no other adverse impacts anticipated by this proposal. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: As a current out-of-state resident, the applicant apparently does not meet the residency requirements for deferral of the affordable housing cash -in -lieu payment for the new dwelling unit. The dollar amount for the. new 1,884 s.f. unit is $15,693.72 and must be paid prior to issuance of any building permits. 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 use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. ---------------------------- STAFF RECOMMENDATION: Planning recommends approval of the Block Conditional Use for a duplex on a lot of 7,500 s. f. in the R-6 zone with the following conditions: 1) Prior to issuance of a building permit, the parcel must be designated as an historic landmark by the Aspen City Council. 2) Prior to issuance of a building permit, the Engineering Department must have approved a drainage plan maintaining all but historic storm run-off on -site. This shall be included within the building permit set. 3) All on -site parking must be indicated on site plan for building permit. Required parking in the R-6 zone shall be met unless the parcel obtains landmark designation and a parking reduction by the Historic Preservation Committee. 4 ) Prior to the issuance of any building permits, the owner shall pay the applicable cash -in -lieu amounalculated at FAR increase of the new dwelling unit. Payment 4 ? l�y� 3 shall be made to the City Finance Department for deposit in the Ordinance 1 account. A copy of the payment receipt must be forwarded to the Planning Office. 5) The stairway in the rear must conform to setback requirements or receive a variance. 6) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and Historic Preservation Committee shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move approve a Conditional Use for a duplex at the Block property at 311 North Street, with the conditions recommended in the Planning Office memo dated 11/3/92." b ►. Uu�^^'( �t, Cx '' ��-�-s! . t�c� -7�Z t �i'l�tti._A 1 / c„ Z Exhibits: "A" - Proposed Site Plan, Floorplans, and Elevations "B" - Complete Referral Memos 4 REFERRAL COMMENTS: A summary of City Engineer and Parks Department comment is as follows. Complete memos are attached as Exhibit "B" . Engineering: Engineering would have some concern about snow and rain drainage into public rights -of -way. No encroachments shall be involved. Open framing is preferable shade than canvas, but canvas coverings may be employed for 90 days during the summer. Special Review is appropriate place for consideration of these type of details. Parks: Umbrellas are more suitable for shade because they are isolated to tables and are removable. They also provide better rain protection than an open trellis structure. A trellis with vines may invite the same insect problem as the trees at the Cantina location. Staff sees no benef it to the proposed amendment. Historic Preservation: On January 13, 1993, the HPC discussed the proposal to provide referral comments to the Planning Office. The Board was overwhelmingly in support of the concept. The following individual statements were made: 1. Umbrellas are difficult shade protectors - either you're in full shade or in full sun. A varied approach to dealing with the sun should be sought. 2. Rain can cause problems with dining - allow detachable canvas covers to be used with the framework. Be flexible to enhance function and creativity. 3. The structure itself must be architecturally exciting on its own. 4. Under the old parachute at the Epicure (now the Cantina) was the most delightful space to sit and eat. Structures should be non- permanent (a reversible situation can add to flexibility and changing creativity). Use of glass/plastic tops should be allowed. 5. We want to see these type of structures used in any application, not just al fresco dining. 6. Operative words are "open -sided", "translucent (light emitting)", "landscape & garden oriented structure". Avoid the noun "trellis", or town will be invaded with inappropriate trellises. PROCESS: An amendment to the Land Use regulations in the Municipal Code requires a two-step review: recommendation by the Planning Commission and final adoption via ordinance adoption by the City Council. If the Commission determines that review of proposed structures should be handled under Special Review by the Commission, staff 3 recommends that Special Review for the Cantina's proposal occur at this time. Special Review standards are attached as Exhibit "C". Implementation of the approval would become effective upon final adoption of the text amendments by City Council. STAFF COMMENTS: Staff and the HPC recommend that the new text apply to any open space, not only commercial outdoor dining. Small seating areas facing south would be likely candidates for such "landscape / garden -oriented" shade structures. The most likely types of review for these structures are: administrative - through Engineering, Planning and Zoning staff; HPC for historic parcels or within historic overlay districts; HPC, becuase of the design related issues, for parcles that are not within historic overlay districts or historic parcels; or P&Z via Special Review, such as reviews for restaurant use in open space. In addition to architectural design, any review must consider operational characteristics such as drainage, snow shedding, encroachments, and shading. Keeping with the efforts to streamline application processes and reduce caseload for the P&Z, staff proposes that administrative review is adequate except for the historic parcels or overlays. However, staff is not particularly able to make difficult design decisions. Projects within an Historic Overlay area would still require HPC approval. As an alternative, staff could elicit referral comments from the HPC on design issues for administrative reviews. If an applicant opposed conditions imposed by an administrative approval, a logical appeal process would be through the P&Z. These alternatives should be discussed by both the P&Z and HPC. In light of HPC's comments, the Planning office forwards the following language for consideration: Section 3-101 (definitions): "Open Space means any portion of a parcel or area of land or water which is open or unobstructed from the ground to the sky (with the exception of permitted architectural projections above ground level such as building eaves, and light - penetrating landscape or garden -oriented structures) and shall include areas maintained in a natural or undisturbed state, as well as recreation areas, pools, plazas, pathways, fountains, landscaping, and similar areas which provide visual relief from the mass of the buildings." Section 7-404.A. (review standards for Special Review)" "A. Dimensional Requirements. Whenever the dimensional requirements of a proposed development are subject to special 4 a OATES, H UGHES & KNEZEVICH, P. C. Aspen/Pitkin Planning Office Attention: Kim Johnson Page 2 December 4, 1992 may be installed in required open space in conjunction with commercial restaurant uses where the effect thereof (i) does not appreciably impact the view into the open space from the street at the pedestrian level, (ii) maintains visual relief from the mass of adjacent buildings, and (iii) does not otherwise adversely affect the public's enjoyment of the open space. Background This request is made on behalf of The Chitwood Plaza Company, a Colorado general partnership, the owner of The Cantina Restaurant located at 411 East Main Street, Aspen. The Cantina Restaurant contains approximately 4,207 square feet of indoor space and 759 square feet in a courtyard between the restaurant and the walkway that affords access to and egress from the Pour La France restaurant next door. The indoor capacity of the restaurant, disbursed among 34 tables, is 130 people. The courtyard accommodates 7 tables with seating for 30 individuals. Presently, during the summer months only, the courtyard is used to accommodate diners. This use of the courtyard has never resulted in an actual increase in the number of dining patrons. Rather, when weather permits, diners tend to fill up the courtyard first and, thereafter, begin seating inside. Never in the history of the restaurant operation have both the courtyard and the inside seating been filled to capacity. Initially, shade from the sun in the courtyard area was afforded through several large potted trees. These proved to be unworkable because of aphid infestation and were replaced with umbrellas. A trellis -like apparatus, along the lines of that shown on the accompanying drawings, in place of the umbrellas would not only accommodate and preserve the essential qualities of open space but will result in far preferable aesthetics from the pedestrian level than the several umbrellas. An umbrella is just that - an umbrella. Its use is essentially restricted to function. As the accompanying drawings show, a trellis or similar apparatus can be made architecturally far more compatible with surrounding buildings, can better accommodate a more sophisticated landscape plan and can, thus, enhance the open space experience for the public. W OATES, H UGHES & KNEZEVICH, P. C. Aspen/Pitkin Planning Office Attention: Kim Johnson Page 3 November 24, 1992 Review Standards The review standards set forth in the Land Use Code for map or textual amendments to Chapter 24 appear to relate primarily to map amendments. In any event, with respect to those review standards we offer the following: a. Whether the proposed amendment is in conflict with any applicable portion of Chapter 24. Response: The proposed amendment seeks to expand features that might be incorporated into required open space and, to that extent, conflicts with existing provisions (i.e. Section 3-101, definition of open space, subpart J thereof) in this regard. We have been unable to find any other portions or provisions of Chapter 24 with which the proposed amendment conflicts. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: Yes C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment contemplates review and approval under Section 7-401, et seq. of the Land Use Code which will insure compatibility of any use proposal with existing land use and neighborhood characteristics. d. The effect of the proposed amendment on traffic generation and road safety. Response: The proposed amendment seeks only to expand features that might be incorporated into required open space, not to eliminate open space, and only after special review approval. The proposed amendment would not appear to have any impact whatsoever on traffic generation, and l� OATES, H UGHES & KNEZEViCH, P. C. Aspen/Pitkin Planning Office Attention: Kim Johnson Page 4 November 24, 1992 any effect upon road safety in a given instance could be addressed during special 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: The proposed amendment would not result in any increased demands upon public facilities. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed amendment seeks only to expand features that might be incorporated into required open space within building improved environments, as opposed to the natural environment. Moreover, the proposed amendment would facilitate more ambitious landscape plans within required open space and conduce the incorporation of more natural and vegetative materials into the building environment - a highly desirable objective. g. Whether the proposed amendment is consistent and compatible with the community character and the City of Aspen. Response: The proposed amendment, particularly given the requirement of special review and, as applicable HPC review, would not foster any inconsistencies with the community character of the City. And, because of the increased landscaping flexibility the proposed amendment would foster, the public's open space experience ought to be enhanced. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. OATES, H uGHEs & KMEZEVtCH, P. C. Aspen/Pitkin Planning Office Attention: Kim Johnson Page 5 November 24, 1992 Response: Not applicable. 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 proposed amendment is drafted such that the qualitative features of open space (i. e. view from pedestrian level) must be preserved. To this extent there would not appear to be any conflict with the public interest. We look forward to discussing this request with the Planning and Zoning Commission and City Council at the earliest possible agenda times. Accompanying this letter are: a. The completed Land Use Application Form; b. The check of the applicant in the amount of $1,002.00 to cover the filing fee; C. A disclosure of ownership of the property on which The Cantina Restaurant is situate; and d. An 8-1/2 X 11 vicinity map locating The Cantina restaurant parcel within the City of Aspen. e. The letter of the Applicant confirming its representatives authorized to act on its behalf in connection with the application. Let us know if there is anything further with which we might supply you. 13 1Cu swam goal V7 74 1 PLANNING & ZONING COMMISSION EXHIBIT 01-6n r APPROVED r 19 BY RESOLUTION TO: Kim Johnson, Planning Office ;- THRU: George Robinson, Parks Directo FROM: Rebecca Baker, Parks Department DATE: January 5, 1993 RE: Text Amendment for Open Space as Requested by the Cantina Restaurant/Chitwood Plaza Company Upon review of the request for a textual change to the definition of open space as detailed in the Aspen Land Use Code, chapter 24, section 3-101, I would recommend against any change to the definition. As stated in the code, open space is defined as "any portion of a parcel or area of land or water which is open or unobstructed from the ground to the sky (with the exception of permitted architectural projections, such as building eaves, above ground level)...". The request to include trellis -like structures in the definition, as requested by the Chitwood Plaza Company, significantly alters the original intent of the definition of "unobstructed from ground to sky". Additionally, an eave only projects a maximum of 1-2 feet into an open space area, whereas the trellis would cover the entire area of open space. A trellis is also a permanent structure. Umbrellas are much more suitable and compatible with the open space of the Cantina outdoor seating because they are isolated with the individual tables and are removable structures. Additionally, a trellis would most likely provide less protection from the elements due to the open slats between the frame structure. An umbrella provides at least some protection during a light rain. I do not see the landscape benefit of the trellis to the open space. If the intent of the trellis is to grow vines, then the Cantina may be setting up the same type of problem they had with the trees, insect infestation. This request can set an unnecessary precedent for permanent structures in open space. While a trellis can allow for an open feeling to the outdoor seating, I would recommend against amending the code for trellis -like structures in open space. I do not see the benefits of the structure to warrant an amendment to the code. 8 MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer 67�!_ Date: January 15, 1993 Re: Text Amendment to Open Space Having reviewed the above referenced application, the Engineering Department has the following comments: The Engineering Department has no objection to the text amendment proposal. As we discussed, we would be concerned at the time of Special Review about snow and rain being drained onto the public rights -of -way. We would want to be certain that no encroachment into the public rights -of -way is involved. In the apparent spirit of open space, it might be preferable for the patio shade covering to be limited to open, "trellis -like" or lattice framing rather than a solid covering such as canvas. On the other hand, canvas type structures might be employed more on a seasonal basis, being in place for only the 90 days of the summer season, with the open space truly open for the remainder of the year. In any event, I am sure that details of particular situations can be worked out during the Special Review process. cc: Bob Gish, Public Works Director 1V193.I l� PLANNING i ZONING COMMISSION EXHIBIT of 0 , APPROVED 19 BY RESOLUTION • LAND USE REGULATIONS § 7-404 Sec. 7-403. Applicability. Special review shall apply to all development in the City of Aspen designated for special review in Article 5, Divisions 2 and 3. Sec. 7-404. Review standards for special review. No development subject to special review shall be permitted unless the commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compat- ible 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 view plane. 3. For the reduction of required open space in the Commercial Core (CC) zone district only, the applicant demonstrates that the provision of less than the required amount of open space on -site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. 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 ameni- ties, 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 func- tional 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 according to the following formula: "Appraised value of the unimproved land, multiplied by the percentage of the site required to be open space which is to be developed, equals value of payment." The appraised value of the property shall be determined by the submission of a current appraisal performed by a qualified professional real estate appraiser. The payment -in -lieu of open space shall be due and payable at the time of Supp. No. 1 1697 § 7-404 ASPEN CODE issuance of a building permit. All funds collected shall be transferred by the building inspector to the finance director, for deposit in a separate interest bearing account. Monies in the account shall be used solely for the purchase or development of land for open space, pedestrian or recreational purposes within or adjacent to the Commercial Core (CC) zone district. Fees collected pursuant to this section may be returned to the then present owner of property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the council shall have earmarked the funds for expenditure on a specific project, in which case the council may extend the time period by up to three (3) more years. To obtain a refund, the present owner must submit a petition to the finance director within one (1) year following the end of the seventh (7th) year from the date payment was received. For the purpose of this section, payments collected shall be deemed spent on the basis of the first payment in shall be the first payment out. Any payment made for a project for which a building permit is cancelled, due to noncommencement of construction, may be refunded if a petition for refund is submitted to the finance director within three (3) months of the date of the cancellation of the building permit. All petitions shall be accompanied by a notarized, sworn state- ment that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. When the HPC approves the on -site relocation of an Historic Landmark into required open space, such that the amount of open space on -site is reduced below that required by this Code, the requirements of this section shall be waived. 4. For the Residential/Multi-Family (R./MF) zone district only, increases in external floor area shall only be permitted on sites subject to the requirements of Article 5, Division 7, Replacement Housing Program. To obtain the increase, the appli- cant shall demonstrate a minimum of two-thirds (2/3) of the additional floor area allowed is used to increase the size of the affordable housing units beyond the minimum size standards of the city's housing designee and the development complies with the standards of Section 7-404 A.1. and 2. B. Off-street parking requirements. Whenever the off-street parking requirements of a proposed development are subject to establishment or reduction by special review, the development application shall only be approved if the following conditions are met. 1. In the Commercial Core (CC), Commercial (C-1), Office (0), Commercial Lodge (CL) or Lodge/Tourist Residential (L/TR) zone districts, the applicant shall make a one-time only payment -in -lieu of parking to the city, in the amount of fifteen thousand dollars ($15,000.00) per space required, based on the cost for such spaces stated in the report entitled "Physical and Financial Conceptual Design for Two Parking Facilities for the City of Aspen" prepared by RNL Facilities Corporation. Approval of the payment -in -lieu shall be at the option of the commission. In Supp. No. 1 1*:1:3 11 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner DATE: February 2, 1993 RE: Rio Grande Subdivision SUMMARY: The City seeks subdivision approval for the Rio Grande property. Subdivision is necessary for two primary reasons: past legal descriptions and surveys have not been accurate and a subdivision plat will clarify ownership; the City would like to exchange portions of the land within the Rio Grande SPA with the County and potentially adjacent property owners and the Municipal Code prohibits the exchange or sale of land that has not been first subdivided. - Attached for your review is the proposed subdivision plat, Exhibit A. Staff recommends approval of this application. APPLICANT: City of Aspen LOCATION: Rio Grande property between the Roaring Fork River and Pitkin County Courthouse and the alley in block 86. ZONING: Public with SPA overlay APPLICANT'S REQUEST: Subdivision to create parcels for exchange. REFERRAL COMMENTS: Engineering - The purpose of the proposed subdivision is to create parcels with existing development so land may be exchanged and ownership issues resolved. The existing development on the Rio Grande Property has already provided the infrastructure improvements that would be required of a normal subdivision. Asphalt streets, concrete curb and gutter, sidewalks, trails, street lights, trees, undergrounding of aerial utilities have all been performed. The property has been partially monumented with survey monuments, and the monumentation of the boundaries will be completed in the spring. A subdivision plat has been prepared which meets the requirements of the Municipal Code. PROCESS: Subdivision is a two step review. The Commission shall make a recommendation to Council regarding this proposal. STAFF COMMENTS: Background - Over the years, the City has obtained pieces of the Rio Grande property through various transactions. The surveying and legal descriptions for the various parcels have not been very accurate. A subdivision plat will define ownership boundaries which will help future planning efforts for the property. The City would like to exchange certain portions of the land within the Rio Grande SPA with the County. At this time the City and County contemplate the following transactions: (1) The City will convey the library parcel to the County. (2) The City will convey title to the property north of the County Jail for future expansion of the Jail (which would require a GMQS Exemption review process). ( 3 ) The County will convey to the City the property upon which the municipal parking facility has been constructed. (4) The County will convey to the City the portion of the land within the County Courthouse Subdivision upon which the Youth Center has constructed a building. Certain land area of the Rio Grande parcel is being used for parking by the tenants of the Bass/Obermeyer buildings. The City may wish to formalize discussions with those property owners and either exchange, sell or lease the property. According to the Municipal Code, no land may be exchanged, sold or leased without prior subdivision approval. No additional development is proposed for the Rio Grande SPA. Subdivision Review Standards - Pursuant to Section 7-1004 C.1., the General Requirements for subdivision are as follows: 1. (a) The proposed development shall be consistent with the Aspen Area Comprehensive Plan. RESPONSE: Previous development on the parcel has been consistent with the conceptual SPA master plan for the Rio Grande parcel and individual final SPA development plans. The proposed subdivision is not inconsistent with staff's current work on the Rio Grande conceptual SPA plan. (b) The proposed subdivision shall be consistent with the character of existing land uses in the area. RESPONSE: The intent of the subdivision is to complete transactions that were initiated during the development of the various public activities on the Rio Grande parcel. In addition, the ability to clear up title on the property surrounding the Bass/Obermeyer buildings is not intended to change the operating characteristics of that area. 2 (c) The proposed subdivision shall not adversely affect the future development of surrounding areas. RESPONSE: The subdivision will define parcels that are already developed for the purpose of exchange (see Exhibit A). The small parcels surrounding the Bass/Obermeyer buildings are too small to support separate development but could add to the size of the Bass/Obermeyer parcels and apply to future development. Yet that would depend upon whether the lots are sold/exchanged or leased to adjacent property owners. The land area between Rio Grande Drive north to the river has been identified as one parcel. Future development will be reviewed based upon the recommendations of the conceptual SPA plan, and will not be affected by the subdivision. In fact an accurate property boundary will help future development decisions. (d) The proposed subdivision shall be in compliance with all applicable requirements of this chapter. RESPONSE: The proposed subdivision is in compliance with the requirements of this chapter. Although some of the created parcels are small, dimensional requirements in the Public zone district are established by conceptual and final development plans. The conceptual and final SPA plans for the first phase of the Rio Grande property (Library, garage, and Youth Center) set the development parameters for those parcels. Future discussions regarding the small parcels around the Bass/Obermeyer buildings will consider consistencies with past and current Rio Grande master planning efforts. The code prohibits subdivision without first obtaining development rights for newly created parcels. However the only parcels created of any size have already been developed (Library, garage, Youth Center) except for the large parcel between the road and river and the parcel across from the Eagles Club. Those parcels may eventually be developed based upon the conceptual SPA plan and most likely exempt from GMQS. The rest of the parcels are too small to realize individual development. 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. 3 RESPONSE: There are no natural hazards that exist on the site that would endanger the current or proposed activities. (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: The purpose of the subdivision is to clear up inefficiencies in land ownership and correct inaccuracies in property boundaries. RECOMMENDATION: Staff recommends approval of the Rio Grande subdivision with the following condition: 1. A subdivision agreement and plat shall be reviewed and approved by the Engineering and Planning Departments. 2. A subdivision agreement and plat shall be filed with the Clerk and Recorder within 180 days of final approval. 3. Any future development or exchange of the newly created parcels shall be reviewed and approved by the Commission and Council. RECOMMENDED MOTION: "I move to recommend to Council approval of the Rio Grande subdivision with conditions 1, 2 & 3 listed in Planning Office memo dated February 2, 1993. EXHIBITS: A. Draft Subdivision Plat 4 �a PLANNING & 0N S S ION ti. 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LOT 2 (n �------ BLOCK 21 OUX- LYNCH BLOCK 20 _ 1 3DIVISION EAST ASPEN EAST ASPEN TOWNSITE z TOWNSITC c -D DURING CONSTRUCTION ;CED IN THE SPRING OF 1 993. -E SU6DIVISIOtj PLATS 131E6 CRETE MONUMENT _R 13166 ,_ R EUETTNER 13166 WC -no WA 4$ �e y ti •O O Ol W � O 0 o � w N ; z N 33o s3, ID ,;n kor E t29o� 0 Zoe 4 0 so. �. W � � o O W N O cG o 0 0 N w N W N Ri O � t11 CERTIFICATE OF POSTING ._ - _.:� ` —' 7 ,l' SST `• ;� _s �..._� i V13 1i On the day of December, 1992, I posted on the property known as 111 West Hyman Street, Aspen, Colorado, a Notice of the hearing on January 5, 1993, before the Planning and Zoning Commis- sion concerning the application of WILLIAM D. SNARE for one resi- dential unit, Residential GMQS Allotment. WarrAi Sheridan 6 WILLIAM M. GRIFFITH ATTORNEY AT LAW 1700 BROADWAY • SUITE xwx 720 DENVER. COLORADO 80290 TELEPHONE (303) 861 •7055 CERTIFICATE OF MAILING The enclosed list was prepared by Aspen Title Corpor lion, order No. A92-050. It shows all.owners of property within'3.0 feet of the development parcel owned by applicant, Will amz D. Snare. I certify that on December 9, 1992, a copy of the Public Notice furnished by the Planning and Zoning Commission of Aspen, Colorado was mailed to each of the 71 owners listed therein by first class U. S. mail, postage pre -paid. William M. Griffith,, Attorney and Personal Represen- tative of applicant: William D. Snare MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planning RE: 111 W. Hyman Avenue - 1992 Residential Growth Management Scoring for One Unit (public hearing), Growth Management Exemption for One Affordable Housing Unit DATE: January 5, 1993 SUMMARY: The Planning Office has scored this project and finds that it meets the minimum thresholds established in the residential growth management section of the land use regulations. The Commission may choose to either adopt staff ' s score or score the project itself. This is the only residential Growth Management submission for 1992. A minimum of 6 units are available for allocation. APPLICANT: William D. Snare, represented by William Griffith LOCATION/ZONING: 111 W. Hyman Avenue (Lot G and 1/2 Lot F, Block 61) R-MF (Residential/Multi-Family) PROCESS: The Commission shall arrive at a score for this project, review the GMQS Exemption for the affordable housing unit, and the forward the findings to City Council. Council grants the growth management allocation and the exemption through ordinance adoption procedures. BACKGROUND: This one unit is the last of four units to be configured as two duplexes. The other three units were constructed in 1981 as growth management exemptions resulting from the lot split of the parcel. The proposed free market unit contains a garden -level one bedroom deed restricted apartment, as does the existing residence on the site. Please refer to application package,`and Exhibit "A" which amends the original submission. REFERRAL COMMENTS: Complete referral memos are attached as Exhibit "B". A summary of highlights are as follows: Water: 1) Sufficient supplies exist for this project. 2) A new tap fee will be required for the new half of the duplex prior to the issuance of a building permit. 3) Design, materials and construction shall be in accordance with the standards of the City of Aspen. 1 Electric• 1) The single phase transformer adjacent to this property may have to be upgraded upon review of the load profile of this building. Fire Marshal: 1) No comments at this time. Housing Office• 1) Category 1 deed restriction is acceptable. 2) Prior to issuance of any building permit, the applicant must file a deed restriction with the county clerk/recorder. 3) The mechanical room for the principal dwelling cannot be accessed through the employee unit as the unit has to be a completely private unit. Sanitation District: 1) Sufficient capacity is available for this project. 2) A shared service line agreement may be required if the duplex shares a common service line. 3) A pro -rated surcharge will be applied for downstream constraints. Environmental Health: 1) The provision of employee housing close to the employment center of town will have potential benefits for air quality. 2 ) The proposed wood burning fireplace does not conform to Aspen's fireplace regulations. The duplex as a whole will be evaluated for allowed number of gas fireplaces/appliances prior to issuance of a building permit. Engineering: 1) Storm drainage is mitigated on -site. 2) The applicant has agreed to provide four parking spaces as required by code. 3) Existing roads may handle the proposed development. 4) The proposed Hyman Ave. curb cut is not approved. Alley access must be used for this project. 5) On -site trash and snow storage locations are not designated. 6) Any encroachments into the public right -of way must obtain license from the City Engineer prior to issuance of any building permits. 2 7) Prior to the issuance of any building permits, the applicant must provide: - - a storm run-off plan prepared by a Colorado registered engineer - an erosion control plan 8) Prior to the issuance of a certificate of occupancy, the applicant must provide: - certification of the storm run-off design by the design engineer - any curb and gutter repair 9) A condominium plat must be filed which meets land use code requirements prior to the conveyance of the unit. 10) The applicant shall agree to join any improvement districts which may be formed for construction in the public r.o.w. Roaring Fork Energy Center: The application lacks specific details on many aspects of energy conservation. The project takes advantage of solar orientation and solar gain. STAFF COMMENTS: This is the only residential growth management submission for 1992. At an minimum, after other GMP exemptions are excluded, 30% of the 20 total allowable units must be available for competition. This minimum is 6 units, so the proposal does not exceed the available allocation. Growth Management Scoring Staff has scored the project and finds that the minimum thresholds required by the land use code have been met. The Commission may elect to accept staff's score and forward this project to City Council for allocation of the dwelling unit. The staff's score summary is as follows: category public facilities quality of design energy conservation prox. of support services min. threshold 4.8 4.8 2.4 2.4 staff score 7.75 10 3 5.5 provision of housing 7 7.4 In addition to minimum point thresholds in individual categories, the project must attain a minimum of 60% of the sum of available points in the first four categories, or 33.6 points. This project 3 3 was scored at 33.65 points by staff. Attached as Exhibit "C" is staff's score sheet and comments. Score sheets will be available to the Commission at the public hearing if it is determined that Commission scoring is desired. Bonus points may be awarded by the Planning Commission for exceptional projects. Staff does not believe that this project warrants bonus points. Growth Management Exemption for Affordable Housing: Pursuant to Section 24-8-104 C.l.c. the City Council must approve deed restricted housing that is provided in accordance with the housing guidelines. However, the Commission shall review and forward a recommendation to Council regarding the housing proposal. The review of any request per this code section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of bedrooms in the units, their size, the rental/sales mix, and the price categories to which the dwellings will be deed restricted. Response: This application.is providing deed restricted housing for 37% of the persons generated by the project (1.75 out of 4.75 persons). The 800 s.f. one bedroom apartment is proposed to be deed restricted as low-income Category 1 housing. According to the Housing Office comments, the maximum monthly rental is $379.00. The unit can be condominiumized and sold off separately because multi -family structures (tri-plexes) are allowed in the R-MF zone district. The project is providing one parking space for the unit. Access is through a separate outside entrance as well as an internal entry if the apartment is used by a caretaker. The apartment is limited to six month minimum lease periods. The owner of the principal dwelling has the right to place a tenant of their choice as long as said tenant is qualified through the Housing Office. A copy of all leases shall be forwarded to the Housing Office. The deed restriction must be approved by the Housing Office and recorded with the Pitkin County Clerk prior to the issuance of any building permits. The Housing Office has provided a copy of a deed restriction for this unit within referral memo. However, the language is specific to accessory dwelling units rather than a fully deed restricted unit. Appropriate language must be obtained from the Housing Office prior to finalizing the restriction for approval. The most critical changes are specific to the deed restriction to Category 1, and the ability to condominiumize and sell the unit separately from the principal dwelling. RECOMMENDATION: The Planning Office recommends approval of the 111 E. Hyman Growth Management allocation for one free market unit 4 and Growth Management Exemption for one Category 1 deed restricted unit. RECOMMENDED MOTION: "I move to score the 111 E. Hyman project at total points and find that the minimum point thresholds have been met." "I move to recommend to City Council approval of GMQS Exemption for the Category 1 deed restricted apartment as proposed within the 111 E. Hyman application and amendments." Exhibits: Application Package "A" - Amendments to the Application "B" - Referral Comments "C" - Staff Score Sheets 5 X, November 1, 1992 T0: Chairman Planning and Zoning Commission City of Aspen Aspen, Colorado 81611 GROWTH MANAGEMENT APPLICATION I. LOCATION: Lot G and East 1/3 Lot F, Block 61 City of Aspen; Also to be 111 West Hyman Street II. PROPOSAL: This proposal is being submitted on behalf of William D. Snare. We are proposing to duplex. the house at 113 West Hyman by adding an identical unit to the East side of the house. If approval is obtained, we would also ask for Employee Ilousing Bonus Overlay Re -zoning to com- plete one deed restricted affordable housing unit. Approval was ob- tained for re -zoning of 113 West Hyman for construction of a similar employee unit. The Hyman Street duplex subdivision was formed in 1979. It consist of 5 lots fronting on West Hyman Street between First Street and Gar- misch Street. These lots have been owned by the applicant since 1958 and are a part of applicants house and lots he has owned since 1953. In 1980-81, construction was completed on one duplex and 1/2 of the other duplex. These units were sold at that time. The applicant now desires to complete the final stage of the project by constructing the other 1/2 of the duplex. III. DESCRIPTION OF DEVELOPMENT: a. A 6" cast iron Aspen City water main is located in the street, directly in front of the proposed duplex with sufficient capa- city to serve all of the proposed development, including the employee unit if approved. The estimated daily demand for the one-half duplex and employee unit would be 180 gallons. b. A City of Aspen sanitary sewer main is located in the alley dir- ectly behind the proposed site with sufficient capacity to serve the proposed unit. The estimated sewer demand for the one-half duplex and potential employee unit would be approximately 180 gallons per day. C. Surface water will be drained into dry wells constructed on thr site. This will alleviate any drainage into the existing story drainage system. -l- MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson,Planning RE: L/TR (Lodge / Tourist Residential) Text Amendment for Commercial Parking - public hearing DATE: January 5, 1993 SUMMARY: The Planning Office recommends approval of this text amendment which will allow commercial parking in the L/TR zone district as a Conditional Use, upon review and approval by the Planning Commission. APPLICANT: This text amendment is being proposed by Savanah Limited Partnership for future applicability by the Ritz -Carlton Hotel. LOCATION: This will affect the areas in the city limits zoned L/TR, Lodge/Tourist Residential. See Exhibit "A" for zoning map information. BACKGROUND: Commercial Parking is a permitted use only within the CC (Commercial Core) zone district. The Ritz -Carlton Hotel is located in the L/TR zone district. The Hotel has completed a 217 space underground parking garage. The Hotel anticipates that there will be many unused parking spaces based on seasonal variations in hotel occupancy and wishes to be able to rent these spaces on a daily basis to the general public. The Hotel has submitted both this text amendment application as well as an application for Conditional Use under the proposed text. The Conditional Use application will not be scheduled for review until the proposed text amendment is ratified by ordinance adoption. The draft Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and offer alternatives to use of the private automobile. Two components of the Transportation Plan are the establishment of a pay -for -parking system and a resident permit parking system. Implementation of these programs will require the City to have a variety of alternatives in place in order to adequately manage our transportation problems. A couple of obvious alternatives are increased utilization of existing parking spaces and/or construction of a new parking structure. Additionally, one of the Action Plan recommendations was to determine the number of under-utilized private parking spaces within the commercial core area and to create ways for the public to utilize these spaces. The reasons behind this recommendation were to explore ways to 01 increase efficient use of existing parking stock to reduce congestion and assist in parking management strategies for the citizens and guests of Aspen. Through a recent inventory of public parking spaces within the commercial core, it was determined that.over the last five years the City has reduced the overall number of on -street parking spaces while development has continued. This has contributed to the increased traffic congestion within the commercial core and nearby residential neighborhoods. A contributor to this is the overall increase in traffic volumes in the upper Roaring Fork Valley. Additionally, a survey of residential neighborhoods adjacent to the commercial core has estimated that there are at least 700 "spill- over" vehicles currently parking in the residential neighborhoods at the peak time (noon to 4pm) during the peak winter season. The City needs a variety of options to deal with parking management. The ability to offer private rental parking promoted by this text amendment is just one aspect of the comprehensive transportation plan. PROPOSAL: The applicant submitted new language for inclusion in the L/TR zone's list of Conditional Uses, Section 24-5-214.C. This proposed text would read: 115. Commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same parcel as, and in connection with, a full service hotel." REFERRAL COMMENTS: A summary of City Engineer Chuck Roth's comments are as follows (complete memo is Exhibit "B"): 1) Proposed language should be modified from "excess capacity" to "fluctuating demands on design capacity". 2) Engineering supports the possibility of applying this amendment to other zone districts. Conditional use review allows for thorough examination of different applications. 4) Other considerations for this proposal might be "sunset" review of the ordinance, requirements for annual review/reporting, fees, etc. 5) Developers could build more parking than required by code and rent out spaces. This would be a community benefit. PROCESS: An amendment to the Land Use regulations in the Municipal Code requires a two-step review: recommendation by the Planning Commission and final adoption via ordinance adoption by the City Council. 2 STAFF COMMENTS: The applicant submitted language which provides for limited usage of commercial parking in the L/TR zone, ie. within a "parking structure or garage... in conjunction with a full service hotel." Staff prefers that the new text apply to parking configurations other than structures or garages, and not to limit a conditional Use to only "full service hotels". The land use regulations do not define a "full service hotel", so application of this language might be difficult. A small lodge might have as adequate a management capacity to monitor a day use parking situation as a larger lodge/hotel operation. It is not recommended that uses other than lodge/hotel or commercial sites be able to utilize this Conditional Use provision. Residential parcels would not have the monitoring capability that the other commercial ventures would have. Also, commercial parking is more compatible with businesses rather than residential uses. Also, as mentioned by the City Engineer, the proposed term "excess capacity" should be changed to "fluctuating demands on parking capacity". This would reflect the true nature of the situation, that even when a parking program (number of spaces) conforms to code requirements, actual demand may be low due to low occupancy or alternative transportation options provided by the lodge or commercial use. Under-utilized parking could then be rented to the public per conditions determined at the Conditional Use hearing. Section 24-7-1102 of the Aspen Municipal Code establishes the review criteria for text amendments: 1) Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is not in conflict with the zoning regulations, but is an expansion of the regulations. 2) Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: This proposed amendment will provide limited number of additional parking adjacent to the core area and mountainside attractions. It is evident that this area of the City is heavily impacted by the automobile and by offering alternatives to use of the auto, along with better parking management, traffic congestion should decrease. One of the goals of the AACP is to reduce traffic congestion and air pollution in the downtown area. 3) Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: As proposed, the amendment would apply to the large 3 portion of the downtown area next to the base of the mountain zoned L/TR. The natural attraction of the gondola area and base activities can support additional parking. Each proposed site and operation plan would be reviewed individually under the Conditional Use criteria to determine specific positive and negative impacts. Staff discussed the possibility of incorporating this amendment into other commercial and lodge districts. Again, each proposal would receive individual consideration before a business could rent excess parking on a daily basis. If this idea appeals to P&Z and Council, staff should be directed to prepare another text amendment to this effect. 4 ) The effect of the proposed amendment on traffic generation and road safety. Response: Utilizing available parking for general public use should reduce on -street parking congestion to a degree in the area surrounding a site which has an approved Conditional Use to rent spaces. This proposed amendment could also eliminate some vehicle movement caused by the 90-minute parking "shuffle" which occurs when guests and employees move their autos to avoid parking tickets. As each site is evaluated through a Conditional Use public hearing, potential problems would be identified and considered. 5) 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: As mentioned in the City Engineer's comments, paid parking on private property might lessen usage of the Rio Grande parking structure, but this should not be a reason to deny this code amendment. However, there is a basic difference in parking users of the Rio Grande Garage and those users of potential L/TR parking. Pricing and location will likely keep the Rio Grande facility at maximum occupancy. The flexibility allowed by the amendment could potentially forestall construction of other municipal parking facilities. No other impacts to public facilities are expected by this proposal. 6) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: In the case of established parking areas, full utilization would reduce on -street parking and the parking "shuffle" mentioned earlier, which in turn should improve air quality. Once residents and visitors are aware of other parking options, "drive around" traffic could also be reduced. If a new 4 project is approved to include excess rental parking, no detrimental environmental effects are anticipated because the project must still meet underlying zoning requirements for setbacks, open space, and landscaping. 7) Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Reducing on -street parking reduces air pollution and the visual intrusion of the automobile. This may also open the door to provide alternative pedestrian areas on the street level. 8) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The downtown core has witnessed a reduction of parking spaces in recent years along with an increase in auto traffic. More efficient use of any available parking spaces will help this situation for guests and local citizens. 9) 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 proposal does not conflict with public interest. It should enhance the conditions of the core area. By insuring review of each plan as a Conditional Use, the intent of the zone districts and use of specific sites will be upheld. RECOMMENDATION: The Planning staff recommends adding the following language to the list of Conditional Uses in the L/TR zone: "5. Commercial parking on a day use basis for fluctuating demand on parking capacity on a parcel occupied by a lodge, hotel, or other commercial operation." RECOMMENDED MOTION: "I move to approve an amendment to Section 24- 5-214.C. of the Aspen Municipal Code adding a new use to the list of Conditional Uses for the L/TR (Lodge/Tourist Residential) zone district as recommended by Planning staff in the January 5, 1993 Planning Office memo." Exhibits: "A" - Zoning Map Indicating L/TR Zone Districts "B" - Engineering Referral Memo 5 A DK I now. P, Apr W. -.t7 OW11- � I M--J� EMNI- ENWIT rLA-NaIM; & I_UP'1M1bblUn EXHIBIT iI " APPROVED r 19 BY RESOLUTION • MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C,,,V Date: December 21, 1992 Re: Text Amendment-L/TR Zone Conditional Use Review for Commercial Parking Having reviewed the above referenced application, the Engineering Department has the following comments: 1. In discussing the application with the public works director, our primary concern is for possible negative impacts to the public rights -of -way. The proposal may result in more actual traffic on streets in the area, but not necessarily more than the project was designed for when traffic generation and design trips per day were considered. There could be a concern that hotel guests may find their parking spaces rented out to day users, and thereby be forced to park on city streets. But it is doubtful that a hotel of the quality of a Ritz -Carlton would operate in such a manner. Nevertheless, the application appears to be lacking in making a policy statement that precludes abuse. We also discussed the possibility of loss of business at the City Parking Plaza, but this did not appear to be reason to recommend against the proposal 2. The proposed language could be modified from "excess capacity" to "fluctuating demands on design capacity." 3. We have discussed with the Planning Office the possibility of applying this amendment to other zone districts than just L/TR. The Engineering Department supports this concept. The conditional use review process would allow for thorough examination of varying conditions for different applications, such as whether more parking is desirable in certain parts of town. 4. The Planning Office has confirmed that the Transportation Implementation Committee has approved this proposal, and through that committee, the Commercial Core and Lodging Commission. We recommend that the new Transportation Director he consulted also. J<- Page 2 Text Amendment December 21, 1992 5. Other considerations might be addressing the proposal on a "sunset" ordinance basis, requiring annual review, reporting, fees hourly only, or flat rate, daily use only. 6. The proposal implies that developers could build more parking than required for their project and lease or rent it out. This could be beneficial to the community. Perhaps such developments might lead to condominiumized parking places in the future. The proposal could possibly therefore be an incentive to provide additional parking in Aspen. cc: Bob Gish, Public Works Director MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Diane Moore, City Planning Directo � r SUBJECT: Aspen Mountain Subdivision - PUD Amendment for Lots 1, 3 and 5, Subdivision of a Portion of Lot 1 into Lot 1A, and Subdivision Exemption for Condominiumization of Blue Spruce Building DATE: January 6, 1993 SUMMARY: Staff recommends approval of the amendment to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision and approval of the subdivision of a portion of Lot 1 into Lot 1A, and subdivision exemption for condominiumization of the Blue Spruce Building. APPLICANT: Savannah Limited Partnership, represented by Joe Wells and Perry Harvey. LOCATION: The Aspen Mountain Subdivision is located at the base of Aspen Mountain, south of Durant Avenue, between Galena Street and Monarch Street. The Ritz -Carlton Hotel is constructed on Lot 1 and the Blue Spruce Building fronts on Durant Avenue. Lot 3 is the Top of Mill site and Lot 5 currently contains the Grand Aspen Hotel. ZONING: Lodge/Tourist Residential (L/TR) with PUD overlay. APPLICANT'S REQUEST/PROJECT DESCRIPTION: The applicant requests a PUD Amendment to transfer all 22 hotel units approved for the second and third floor of the Blue Spruce Building to the planned re -development of the Grand Aspen Hotel. This will leave a total. of 257 hotel units within the Ritz -Carlton Hotel, and allow for a total of 72 hotel units to be built when the Grand Aspen Hotel is re -developed. In exchange, the applicant requests that 6 of the 47 residential units planned for Lots 3 and 5 be transferred to the Blue Spruce Building. These will be the only residential units built in conjunction with the Ritz -Carlton Hotel. No significant alteration of the exterior of the Blue Spruce Building and no change in the square footage is proposed to accomplish this revision. It should be noted that the applicant has requested 6 residential units with 3 bedrooms per unit. The L/TR zone district permits 1 1 bedroom per one thousand square f eet of lot area. The proposed Lot lA encompasses 15,085 square feet, however, 3,023 square feet of this land is vacated Dean Street and vacated lands shall be excluded from the calculation of allowable floor area, density or required open space. Thus, only 12,062 square feet of Lot lA can be utilized in determining the lot area. This translates into 6 residential units with a maximum of 2 bedrooms each for a total of 12 bedrooms on Lot 1A. The applicant also requests subdivision approval to create a new Lot lA of the Aspen Mountain Subdivision. Lot lA corresponds with that portion of Lot 1 north of Dean Street and it includes a portion of vacated Dean Street (the Blue Spruce Building). The subdivision will enable the applicant to establish a "Common Interest Ownership Community" (formerly known as a condominium) for the proposed residential units in the project. The applicant requests condominiumization to create separate fee ownership for only the residential units. The applicant has committed that the ownership of Condominium Unit One (accessory retail area on first level) will remain in the same ownership as the hotel improvements on Lot 1. PROCESS: PUD Amendments are approved pursuant to the terms and provisions of Final PUD Review, provided that the proposed change is consistent with or an enhancement of the Final Development Plan. If the proposed change is not consistent with the Final Development Plan, the amendment is subject to both Conceptual and Final review. This proposed amendment is subject to the provisions of Final PUD Review. Final PUD requires a recommendation by P&Z and final action by Council, at which time an amended PUD Agreement is adopted. Subdivision and condominiumization require a recommendation by P&Z and final action by Council, done concurrently with Final PUD review. The processing of a GMQS amendment and re -scoring of the project is not necessary to implement this proposal. The applicant does not propose any significant changes to approved design features, public facilities, or other commitments made in obtaining the GMQS allotments. The allotments which are being transferred between Lots 1 and 5 have previously been approved for both lots and were evaluated during the original GMQS competition, based primarily on commitments made for the entire PUD, which remain unchanged. REFERRAL COMMENTS: Following is a summary of the comments received by the Planning office from referral agencies. Complete copies of the original memos may be found in Exhibit "D". 2 a BECKr GLENNIS GEORGE 001 000109 STATUS:A 2735 124 71 011 20`9 SNOWMASS CREED; ROAD ?SASS, CO 31654 C,- 10 COOPER DER BERGHOF -------------------------------------------------------------------------------- UNIT 1 CONDOS -LAND ACT 32000 ASD 4590 AC 0.000 SF 0 CONDOS-IMPROVMENTS ACT 129000 ASD 15360 AC 0.000 SF 800 TOTAL VALUE $22,950 YEAR BUILT 62 ADJUSTED YEAR BUILT ASSESSED 01/01/92 LST CHANGE 08/04/92 WEIGAND, NESTOR R. JR 1 c " , NORTH MARKET C ITA, HYMAN STREET DUPLEX -------------------------------------------------------------------------------- UNIT S CONDOS -LAND ACT 138000 ASD 19790 AC ACT 62000 ASD 8890 AC TOTAL VALUE $28,680 YEAR BUILT 79 ADJUSTED YEAR I X iCHANGE 08/0d/92 0.000 SF 0 #..0r WEIGAND, NESTOR R. JR. 1r-^ NORTH MARKET i ITA, E ! HYMAN STREET DUPLEX p"IflouvwxIM - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNIT 2 BK 0413 PG 0792 BK 0585 PG 0180 BK 0585 PG 0182 BK 0585 PG 0184 CONDOS -LAND ACT 275000 ASD 39440 AC 0.000 SF 0 CONDOS-IMPROVMENTS ACT 140000 ASD 20080 AC 0.000 SF 1955 TOTAL VALUE $59r520 YEAR BUILT 79 ADJUSTED YEAR BUILT ASSESSED 01/01/92 LST CHANGE 08/04/92 NICHOLSON, WILL F ® JR NT-44OLSON, SHIRLEY B. AERRY STREET DER P HYMAN STREET DUPLEX Nolomp -------------------------------------------------------------------------------- UNIT 1 BK 0385 PG 0354 CONDOS -LAND ACT 413000 ASD 59220 AC 0.000 SF 0 CONDOS-IMPRO'VMENTS ACT 202000 ASD 28970 AC 0.000 SF 2877 TOTAL VALUE $88f190 YEAR BUILTi ADJUSTED YEAR BUILT ASSESSED 01/01/92 LST CHANGE 08/04/92 I VES w THEODORA H . 31 a 1. BEL AIR DRIVE I 'VEGAS, t CITY AND TOWNSITE QE ASHEN E11 - SIC -------------------------------------------------------------------------------- HLK 51 LOT E — G E 1/2 OF LOTS E. F. AND Gs i SK 0401 PG 0994 2 LEGALS: HK401/PG994 CONVEYS 1/2 INT IN LAND AND 100%, OF IMPS TO IVES. SEE SCH#134500 SINGLE c ACT 375000 j i SINGLE j.: PRO0 M Ngummulgi YEAR BUILT 80 ADJUSTED YEAR BUILT t ASSESSED •11/09/92 0.000 SF 1#1 0.000 SF 2836 TIERNEY, MICHAEL P AND T T "RNEY, ANNE I BOX 2391 AL_zN, 000104 NEST COOPER ASPEN (BEST Alow-mllufiv -------------------------------------------------------------------------------- UNIT 5 BK 0515 PG 0954 BK 0511 PG 0434 BK O643 PG 0211 rSIR "is r - -I 1i ACT 12000 ASD 1720 AC 0.000 SE 0 ACT 51000 ASD 7310 AC 0.000 SF 878 TOTAL VALUE $9,030 YEAR ADJUSTED YEAR BUILT ASSESSED t i 9-o AZ DF.TORIAf COOPER A 001 000325 STATUS:A 2735 124 59 011 -------------------------------------------------------------------------------- UNIT 4 BE 0574 PG 0398 BK 0255 PG 0985 BK 0288 PG 0872 BIB 0589 PG 0595 CONDOS -LAND .f "OM TOTAL VALUE YEAR BUILT ADJUSTED YEAR BUILT ASSESSED 01/01/92 LST CHANGE 09/30/92 7460 AC 0.000 SF 0 29830 AC 0.000 SF 1088 $37,290 HALE, TERRY L. 001 000294 STATUS.A 2735 124 69 010 10A WEST COOPER AVENUE T Nr CO 81611 G �04 WEST COOPER ASPEN WEST -------------------------------------------------------------------------------- UNIT 3 BIB 0549 PG 0068 CONDOS -LAND ACT 52000 ASD 7460 AC 0.000 SF 0 CONDOS-IMPROVMENTS ACT 208000 ASD 29830 AC 0.000 SF 1088 TOTAL VALUE $37f290 YEAR BUILT 72 ADJUSTED YEAR BUILT ASSESSED 01/01/92 LST CHANGE 08/04/92 TED ASSOCIATESe LTD. 001 000066 SaTATUS:A 2735 124 69 009 C/O SPENCER F SCHIFFER r S. MONARCH ST®r SUITE 201 �- -- ._-'N r CO 81611 ASPEN WEST -------------------------------------------------------------------------------- UNIT 2 BIB 0335 PG 0437 BK 0421 PG 0769 BK 0484 PG 0680 CONDOS —LAND ACT 52000 ASD 7460 AC 0.000 SF 0 CONDOS—IMPROVMENTS ACT 208000 ASD 29830 AC 0`000 SF 1088 TOTAL1"ALUE • YEAR BUILTADJUSTED YEAR BUILT ASSESSED i *08/04/92 WHITAKER, SANDRA J. POOT OFFICE BOX 8751 N, 61 iO4 WEST COOPER AVE ASPEN WEST -------------------------------------------------------------------------------- UNIT 1-A BK 0297 PG 0944 BK 0362 PG 0114 BK 0362 PG 0019 BK 0398 PG 0466 CONDOS -LAND ACT 52000 ASD 7460 AC 0.000 SF 0 CONDOS-IMPROVMENTS ACT 208000 ASD 29830 AC 0.000 SF 1088 TOTAL VALUE $37,290 YEAR BUILT 72 ADJUSTED\YEAR BUILT ASSESSED 01/01/92 LST CHANGE 08/04/92 ' 'WIbKINSON, DAVID A. 001 000394 STA'TUS=A 2735 124 Og 007 3- r+A VETA PLACE K ® NY 10950 ASPEN WEST -------------------------------------------------------------------------------- UNIT 1 BK 02E5 PG 08d9 CONDOS -LAND ACT 52000 ASD 7450 AC 0.000 SF 0 CONDOS-IM PROVMENTS ACT 208000 ASD 29530 AC 0.000 SF 1088 TOTAL VALUE $37r290 YEAR BUILT 72 ADJUSTED YEAR BUILT ASSESSED 01/01/92 LST CHANGE 00/03/92 ITr ',Nor I ' 1 'Ali ML ;_;i`�� IV ............ AL-Mo. 511� I. POO--