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HomeMy WebLinkAboutagenda.apz.19920421 .....".:...... "'~-' ~>., , '".""" AGE N D A ================================================================== ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING April 21, 1992, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall ------------------------------------------------------------------ ------------------------------------------------------------------ I. COMMENTS commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Kraut Affordable Housing Text Amendment (continued from March 17, 1992; to be tabled to May 5, 1992), Leslie Lamont B. Burton/Allen Conditional Use Review for an Accessory Dwelling Unit, Kim Johnson C. Patrick Conditional Use Review for an Accessory Dwelling Unit, Kim Johnson D. Longoria Conditional Use Review for an Accessory Dwelling Unit, Kim Johnson E. Weinberg Conditional Use Review for an Accessory Dwelling Unit, Kim Johnson IV. WORK SESSION (1 hour) A. Williams Ranch V. ADJOURN "- I MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Burton -Allen Conditional Use for an Attached Accessory Dwelling Unit DATE: April 21, 1992 SUMMARY: Staff recommends approval of Conditional Use for the Burton -Allen attached accessory dwelling unit with conditions. APPLICANT: Marvin Burton and Douglas Allen LOCATION: The parcel is at 777 Castle Creek Drive, Lot 10 of Castle Creek Subdivision ZONING: R-15 APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to develop one attached accessory dwelling unit in conjunction with the construction of a duplex. The studio -style accessory unit will be 392 s.f. of net livable area and will be located on the ground floor of the duplex. Please see Attachment "A" for f loorplans and building elevations. STAFF COMMENTS: On the subject property there exists a single family dwelling which will be demolished prior to construction of the new duplex. Ordinance 1 requires replacement affordable housing or cash -in -lieu for demolition of existing residences. The application proposes an accessory dwelling unit in order to comply with Ord.l. Prior to demolition of the existing home, the applicant must verify square footage and number of bedrooms through the Zoning Office. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible as a distinct unit from the.exterior of the duplex. 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: The accessory unit will be completely contained within Unit A of the proposed duplex. A parking space is not required by code for a studio accessory unit, but the applicant states that one space will be designated on the property. The unit will access the exterior on the north side of the house. Interior access is provided. No other significant impacts are anticipated. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 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: The proposed deed restricted unit will satisfy the Ordinance 1 requirements for duplex development. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office 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. Please Note: As this accessory dwelling unit is 100% above grade, the main structure is eligible for floor area bonus as allowed by Ordinance 1. 2 6 Section 8-104 l.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Office recommends approval of Conditional Use for a 392 s.f. attached accessory dwelling unit for the Burton -Allen duplex with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for the duplex, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. One parking space shall be provided on -site for each accessory dwelling unit. 4. Prior to demolition of the existing residence, the applicant shall verify its square footage and number of bedrooms with the Zoning Official. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve Conditional Use for a 392 s.f. attached accessory dwelling unit within the proposed Burton - Allen Duplex at 777 Castle Creek Dr. with the five conditions recommended in the Planning Office memo dated 4/21/92. Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations Burton.Allen.memo 3 7 AFFIDAVIT OF MAILING STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) I, Pamela J. Hope, upon oath depose and say that I mailed the attached Public Notice to Adjacent Property Owners this 3rd day of April 1992. Pamela J. H pe STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this 3rd day of April, 1992, by Pamela J. Hope. Witness my hand and official seal. My commission expires: No 53 As W2os.oaoi2 PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS RE: BURTON/ALLEN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Marvin Burton, P.O. Box 1224, Aspen, CO 81612; and Douglas Allen, 530 E. Main St., Aspen, CO 81611, requesting a conditional use permit for construction of an accessory dwelling unit within a newly constructed duplex, located at 777 Castle Creek Drive. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission box 11300. 18 roaring fork dr. architectural aspen, colorado 81612-9599 design phone or fax: 303-925-6114 Patrick Conditional Use.Review Aspen Planning and Zoning Commission April 21, 1992 All the adjacent homeowners within 300 feet of Lot 4 of the Woerndle Subdivision were sent copies of the attached notice within 10 days of the public hearing. The notices were mailed to the addresses on the attached list on Saturday, April 11, 1992. Respectively Submitted, Susan Furr Representative for John Patrick, owner of Lot 4 PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS RE: PATRICK CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by. Susan Furr, P.O. Box 11300, Aspen, Colorado 81612, requesting a conditional use permit for an attached accessory dwelling unit to be constructed on a residence located at 1365 Mayflower Court. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission March 3, 1992 PROPOSED JOHN PATRICK RESIDENCE Lot 4, Woerndle Subdivision Aspen, Colorado ADJACENT PROPERTY OWNERS (within 300 feet): Open Space, Woerndle Subd'n James Costley Box 884 Aspen, CO 81612 Lot 1, Woerndle Subd'n Terry Goodrich 2249 North Burling Chicago, IL 60614 Lot 2, Woerndle Subd'n Roberta Goodrich Box 11842 Aspen,.CO 81612 Lot 3, Woerndle Subd'n James Crown 300 West Washington #1200 Chicago, IL. 60606 Lot 5, Woerndle Subd'n Jan and Michele Rosen 9828 Glouster Dr. Beverly Hills, CA 90210 Lot 6, Woerndle Subd'n Diana L. Bauer 7 Oak Hill Drive Newman, Georgia 30263 Lot 7, Woerndle Subd'n Lantz Welch Box 64196 Kansas City, MO 64196 Ardmore Alexander Gross Box 9500 Aspen, CO 81612 Lot 1, Aspen Grove Subd'n John L. Knudson 2470 Long West Circle Littleton, CO 80120 Lot 2, Aspen Grove Subd'n Eugene S. Mason 0145 McSkimming Road Aspen, CO 81611 Lots 3 and 4, Aspen Grove Subd'n Irving Shechter, Trustee of Shecter Trust 1794 Winterwarm Road Fallbr.00k, CA 92098 Lot 7, Aspen Grove Subd'n Lise B. Bodek P.O. Box 736 Aspen, CO 81612 Lot 19, Aspen Grove Subd'n W. Everett and Eleanor B. Biggs 1036 Craigland Ct. Knoxville, Tennessee 37919 Lot 5, Aspen Grove Subd'n Ursula R. Freudiger 0096 McSkimming Road Aspen, CO 81612 Lot 6, Aspen Grove Subd'n Nancy G. Thomas Box 4862 Aspen, CO 81612 Lot 1, Blk.2, Aspen Grove Subd'n Andrew and Jeanne Doremus 154 South Grape Street Denver, CO 80222 Lot 1, Eastwood Subd'n Jill P. Fink 0113 Aspen Grove Road Aspen, CO 81611 McSkimming Road M/B Larry D. Fredrick 52 McSkimming Road Aspen, CO 81611 Lot 1, Riverside Subd'n Terry and Molly Swanton Box 1403 Aspen, CO 81612 Lot 2, Riverside Subd'n Helen Ann Klanderud Box 1558 Aspen, CO 81612 Lot 3, Riverside Subd'n Lizabeth Kerr Duson, Trustee 9030 Greenville Avenue Dallas, TX 75243 Lot 25, Riverside Subd'n Amy Hayden Fulstone or Jill Ann Mackie 31 Rivers Road Smith, NJ 89430 Riverside Addition James and Christina Martin Alpine Lodge 1240 East Hwy 82 Aspen, CO 81611 Lot 3, Ferguson Exemption Larry F. Ferguson, Loma Alta Corporation 6210 North Central Expressway Dallas, TX' 75206 Melinda Goldrich Crestahaus Lodge 1301 East Hwy 82 Aspen, CO 81611 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Patrick Conditional Use for an Attached Accessory Dwelling Unit DATE: April 21, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: Staff recommends approval of Conditional Use for the Patrick attached accessory dwelling unit with conditions. APPLICANT: John Patrick, represented by Susan Furr LOCATION: 1365 Mayflower Court, Lot 4 of the Woerndle Subdivision (please see attached location map) ZONING: R-15 PUD APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to develop a basement level accessory dwelling unit in conjunction with the construction of a new 2,171 s.f. residence. The accessory unit will be approximately 480 s.f. of net livable area. Please see Attachment "A" for floorplans and building elevations. STAFF COMMENTS: The subject property in vacant. For the construction of a residence, Ordinance 1 requires either deed restriction of the new home, provision of an accessory dwelling unit, or cash -in -lieu for affordable housing. The applicant is proposing a deed restricted accessory dwelling unit to comply with Ordinance 1. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. mm 1V-1d N0—IS IAIa—e S NO AVM-d0-1—Ho 12i ,Ob PV\ Q 1 OE 1£e 6S 3 O,ON3dCS � �O PISIO09 / Q Q O J O Q O O h O o� o) O P441 � / C) V O r C, Y y 00 y 6b 7 N 2 N a O 3 Z SN33NYj N3A3 „21•„ 9 't' r / Z W w , VI C i > Q o O w o 9 C. 3 �}' z P� ' b W 0 V h Q¢ P I n W W v (�• O tl ¢ �- Z `` r7 w � � ' ► W � G 1 0 41 \CL CD c o \N OJ a\ ia �1 a u u - Z - Z 0 W = _ 1 1 ,041 1 M,b£ o£I N 1 21,b b91 AO ID 0 3 ► 1 — ONIAYd 1V Id NOISIAI08OS NO ,09 3NV-1 S3*1V0S AVM-.40-1H018 A8313W3 0 RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible from the outside. 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: The proposed accessory unit will be completely contained within the proposed home. A parking space is not required by code for a studio accessory unit, but staff believes that one should be provided for the unit assuming it will be occupied by a long-term tenant. Ms. Furr indicates that a bus stop is located nearby the proposed home. The unit will access the exterior through a garden level patio on the west side of the house. No other impacts are anticipated. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed deed restricted unit will be able to house a local employee. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office 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. Section 8-104 l.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Office recommends approval of 2 I-3 Conditional Use for a 482 s.f. basement level accessory dwelling unit for the Patrick residence with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for the property, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. One parking space shall be provided on -site for the accessory dwelling unit. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve Conditional Use for a 482 s.f. basement level accessory dwelling unit within the proposed Patrick residence at 1365 Mayflower Court with the four conditions recommended in the Planning Office memo dated 4/21/92. Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations Patrick.adu.memo K3 CERTIFICATE OF MAILING March 31, 1992 I, Toni McWilliams, hereby certify that on March 31, 1992 a copy of the attached notice of public hearing for the Longoria Residence, 936 King Street, Aspen, Colorado, was mailed to the attached list of adjacent property owners. 44�' Toni McWilliams, Office Manager SUTHERLAND FALLIN, INC. Attachments a SUTHERLANDTALLINo INC. Bruce Snnttlinerla nJ, Preoide nt ° Rich ll,J Fafli , Vice e Prernde n4 - Davit Pa nko, ABoociaie Achiiecttnnre & Planning 0 1280 Utte Avenue ° Aspen, Colo °a& SH614 0 303/925-4252 0 FAX 3(03/925-2 39 PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS /ARE: LONGORIA CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 'r South Galena Street, Aspen, Colorado to consider an application submitted by Bruce Sutherland, Sutherland Fallin, 1280 Ute Avenue, Aspen, Colorado 81611, requesting a conditional use permit for an attached accessory dwelling unit to be constructed on a proposed new residence located at 936 King St. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission �, List of Adjacent Property Owners Longoria Residence 936 King Street, Aspen, CO Charles A & Bryce M. Maple 927 Gibson Avenue Aspen, CO 81611 Michael W. Morgan Miriam Elmore Harthill 3649 Austin Road Brawley, CA 92227 James & Marlene Mickey 927 Gibson Avenue Aspen, CO 81611 Ernst Kappeli P.O. Box 1962 Aspen, CO 81612 Donald William Lamg Jacquelyn A Kasabach P.O. Box 4166 Aspen, CO 81612 Howard Isao Hatanaka Sally Jan O'Neal 980 IGng Street Aspen, CO 81611 C.L. Astor & Co., A Partnership 981 IGng Street Aspen, CO 81611 Michael J. GarrM P.O. Box 621 Aspen, CO 81612 William R. Dunaway Anne Peterson Tena D. Farr c% Anne Peterson Richards Byard P.O. Box E 35 Locust Aspen, CO 81611 Mill Valley, CA 94941 Thomas D. Isaac Ralph L Braden 975 King Street 2 Vine St. Aspen, CO 81611 Aspen, CO 81611 Edwin C. Vare Jeffrey S. Shoaf Darlene DeSedle Vare 113 Neale Avenue 628 Winthrop Avenue P.O. Box 3123 New Haven, CT 06511 Aspen, CO 81612 PS Productions Ltd. Benefits Pension Plan Ann Marshall c/o BGF,L P.O. Box 10894 Santa Monica, CA 90401 Aspen, CO 81612 Joe L Candreia Kenneth & Jane Owen 930 Icing Street P.O. Box 88 Aspen, CO 81611 Chapman Ranch, TX 78347 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Longoria Conditional Use for an Attached Accessory Dwelling Unit DATE: April 21, 1992 SUMMARY: Staff recommends approval of Conditional Use for the Longoria attached accessory dwelling unit with conditions. APPLICANT: Ricardo Longoria (Sunnybrook Colorado, Inc.), represented by Bruce Sutherland LOCATION: The parcel is at 936 King Street (Parcel A, a part Lots 19,20,21 and 22, Block 14, Hughes Addition, Tract 40.) ZONING: R-15A APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to develop a basement level one -bedroom accessory dwelling unit in conjunction with the demolition/reconstruction of a single family residence as required by Ordinance 1, the housing replacement ordinance. Net livable area of the unit will be 691 s.f. as pointed out in an addendum to the application. Please see Attachment "A" for floorplans and building elevations. REFERRAL COMMENTS: Dave Tolen from the Housing Authority forwarded concerns about the location of the mechanical room and its intrusion into the privacy of the ADU. Also, he mentioned that the exterior access into the ADU bedroom is undesirable. The pathway to the ADU entrance should be realigned to avoid the spa and sideyard of the principal residence. (Attachment "B") STAFF COMMENTS: On the subject property there exists a single family dwelling which will be demolished prior to construction of the new 4,649 s.f. house. Ordinance 1 requires replacement affordable housing or cash -in -lieu for demolition of existing residences. The applicant is proposing development of an accessory dwelling unit deed restricted to resident occupancy. 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 ij proposed to be located. RESPONSE: As a resident -occupied deed restricted unit, this apartment will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible from the outside. 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: The proposed accessory unit will be completely contained within the single family residence. A parking space is not required by code for a studio accessory unit, but staff recommends that one space for the ADU be designated on the site. The unit will access the exterior through a below grade patio and stair to the east side of the house. Planning and Housing staff are concerned about the configuration of the stairway. As proposed in the application, the ADU egress leads to the spa and sideyard area of the site. This detracts from the privacy of both the ADU occupant and uses of the spa and yard. The stairs and walkway should be configured to wrap around the corner of the house to be more directly oriented to the rear yard and parking area. A more pressing concern of Planning and Housing is that the mechanical facility for the principal residence is located within the accessory unit. This prohibits complete independence of the ADU as a separate dwelling unit. If a fuse blows or the furnace fails, other persons would have to enter the unit. Staff strongly recommends that f loorplan be changed so that the mechanical room is placed centrally within the basement and that access to this room and the ADU be by separate doorways. Also pointed out by Housing is that the living area and bedroom of the ADU should be reversed so that the exterior entrance of the unit occurs into living space rather than private bedroom. Planning agrees with this recommendation, especially since the ADU should be redesigned because of the mechanical room problem. No other significant impacts are anticipated. 0 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: The proposed deed restricted unit will satisfy Ord.1 requirements. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office 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 al.l-other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Section 8-104 l.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Off ice recommends approval of Conditional Uses for the basement level attached accessory dwelling unit for the Longoria residence with the following conditions: 1. One parking space shall be provided on -site for the accessory dwelling unit. 2. The mechanical room shall be removed from the accessory dwelling unit and be provided with separate access from the principal residence. 3. Exterior access to the accessory unit shall not enter directly into the bedroom. 4. The exterior stairs and walkway for the accessory unit shall be reconfigured to avoid the spa and sideyard area of the principal residence. 03 ,9f 5. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 6. Prior to issuance of any building permits for the duplex, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve the Conditional Use for a 691 s. f . basement level accessory dwelling unit within the proposed Longoria residence at 936 King Street with the seven conditions recommended in the Planning Office memo dated 4/21/92. Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations "B" - Housing Authority Referral Comments longoria.adu.memo 4 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Weinberg Conditional Use for an Attached Accessory Dwelling Unit DATE: April 21, 1992 SUMMARY: Staff recommends approval of Conditional Use for the Weinberg attached accessory dwelling unit with conditions. APPLICANT: Jay Weinberg, represented by Bruce Sutherland LOCATION: The parcel is at 715 Meadows Road, Lot 2 Pine Hollow Subdivision ZONING: R-15 APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to develop a basement level one -bedroom accessory dwelling unit in conjunction with the construction of a single family residence as required by Ordinance 1, the housing replacement ordinance. Net livable area of the unit will be 625 s.f. as pointed out in an addendum to the application. Please see Attachment "A" for floorplans and building elevations. STAFF COMMENTS: The applicant plans to build a five bedroom 4,650 s . f . house. Ordinance 1 requires provision of a deed restricted accessory dwelling unit or cash -in -lieu for new home construction. The applicant is proposing development of an accessory dwelling unit deed restricted to resident occupancy. 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: As a resident -occupied deed restricted unit, this apartment will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible as a separate dwelling from the outside. 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: The proposed accessory unit will be completely contained within the single family residence. A parking space is not required by code for a studio accessory unit, but staff recommends that one space for the ADU be designated on the site. The unit will access the exterior through a stair to the west side of the house. Interior access is also shown on the plan. Planning is concerned that the elevator equipment and laundry facilities are shown to be accessed through the ADU. The doorways for these functions can be easily changed to other walls to exclude them from the ADU. This will allow true privacy for the ADU occupants. If an alternative laundry facility is available on the upper levels of the home for the principal residents, the proposed situation is satisfactory. This must be indicated on the building permit plans. No other significant impacts are anticipated. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing home and neighborhood. Meadows Road will be relocated slightly to the east as approved by the Meadows SPA Development Plan approved in June 1991. The driveway for the subject property must reflect the easement indicated on the Final Plat for the Meadows SPA. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed deed restricted unit will satisfy Ord-1 requirements. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office 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. 2 RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Section 8-104 l.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Office recommends approval of Conditional Uses for the basement level attached accessory dwelling unit for the Weinberg residence with the following conditions: 1. One parking space shall be provided on -site for the accessory dwelling unit. 2. The door for the elevator equipment closet shall be redesigned to provide access from without the ADU. 3. If there is not another laundry facility in the principal residence, the doorway configuration to the washer/dryer in the basement shall be changed to provide access from without the ADU. 4. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 5. Prior to issuance of any building permits for the duplex, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve the Conditional Use for a 625 s.f. basement level accessory dwelling unit within the proposed Weinberg residence at 715 Meadows Road with the six conditions recommended in the Planning Office memo dated 4/21/92. Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations 3 Ar#cNmrAv1 q /( ly i70�� 0 All" T.,O. Ke. ' _. 1 T9i:vl /( i_(C��(_ 7,� L..M+bw c• 40 te, Kmmo p - FGa•J GF+Y.G._�. + -T ./ 1 _ __ _ �. I I � _'. r.Y/. ( .rll•16 W "-YrI+ r r-e-w W !' --� I .1.. IG' / ' I \� ; — - - s, �r' -�, CG:a•�N o4..r..0 I __ -4n. 64 Hl Tir r.T, -We V v 'o. 75"la-1 ip, b 41 4, LorTt*4# lz SITE PLAN 0 TH I' = ic7l Cz- - 1 ra -vJ - a,' ri.-az:v- mj- 1AN r;zc*. r-f ALFvINE 6LJR-s-evt!,, In X.Vl NO, F44Aft, C-C1,41'rZ TO VERIFY AJ-L ZL-Z\/ -4,IV t-Omry A�rzc� CERTIFICATE OF SIGN POSTING April 21, 1992 I, Scott Weinberg, hereby certify that on April 10, 1992 1 posted the hearing notice .51gn at the Weinberg Residence, 715 Meadows Road, Aspen, Colorado. Scott Weinberg SUTHERLANDoFALLINo INC. Bruce Suthen4an[nd9 President ° Rnc harJ Min, Vice Press. nJent o DaviJ Panic o, AsBoc late Architecture & Ha nnnnnng ° 1280 Ute Avenue ue , Aspen, ` olora & 816H 0 303/925-4252 0 FAX 303/925-2 39 CERTIFICATE OF MAILING March 31, 1992 I, Toni McWilliams, hereby certify that on March 31, 1992 a copy of the attached notice of public hearing for the Weinberg Residence, 715 Meadows Road, Aspen, Colorado, was mailed to the attached list of adjacent property owners. Toni McVQilliams, Office Manager SUTHERLAND FALLIN, INC. Attachments SUTHERLANDTALLINo INC. Bruce Suuther6nJ, PresnJent RncharJ Fal n, Vice PresnJent ° Davi l ll a nnc o, Associate Architecture & Ha nunnng 0 R280 U4e Adeunuue ° Aspen, Colorado 816RI ° 303/925=4 252 ° FAX 303/925-2 39 PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS RE: WEINBERG CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Bruce Sutherland, Sutherland Fallin, 1280 Ute Avenue, Aspen, Colorado 81611, requesting a conditional use permit for an attached accessory dwelling unit to be constructed on a proposed new residence located at 715 Meadows Rd., Lot 2, Pine Hollow Subdivision. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. sliasmine Tygre, Chairman Planning and Zoning Commission List of Adjacent Property Owners Weinberg Residence 715 Meadows, Road, Aspen, CO Stanley & Sandra Heller Alan & Dee Robin 1535 Stone Canyon Rd. Los Angeles, CA 90077 Joan Gantzel 705 Meadows Road Aspen, CO 81611 Larry J. & Deborah Hoffman 1221 Brickell Avenue Miami, FL 33131 David Duncan Jane Coventry c!o John D. LaSalle 675 Meadows Road Aspen, CO 81611 Elizabeth & John Hollenbeck 4200 E. Cedar Ave. Denver, CO 80222 George J.M. & Harriet Howe Kelly 37 Polo Club Circle Denver, CO 80209 Aspen Institute for Humanistic Studies 100 N. Third Street Aspen, CO 81611 Savanah Limited Partnership 600 E. Cooper #202 Aspen, CO 81611 AFFIDAVIT FOR POSTING OF SIGN AT 777 CASTLE CREEK DRIVE STATE OF COLORADO ) ss. COUNTY OF PITKIN ) I, Douglas P. Allen, upon oath depose and say that I posted a sign at 777 Castle Creek Drive on April 4, 1992, giving public notice of date, time, and place of the public hearing in regard to an accessory dwelling unit, a photographpLwhich is attached hereto. P. Allen STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this i day of April, 1992, by Douglas P. Allen. Witness my hand and official seal. My commission expires: 9/24/92 t Notary Public Address: 530 E. Main, Aspen, CO 81611 W21o.04072 April 14, 1992 Larry Fredrick 52 McSkimimng Aspen, Co. 81611 Kim Jmhnsom Aspen Plexnning and Zoning 130 S. B�lena Aspen, Co~ 81.611 Re: Patrick-- conditional mse revitz--vv. Lot 4 WormdelI Subdivision As an adjacent homeownern and full tiooe. r-esidlent, I have no objection to a 5ingle family unit being built on lot 4,. do objEH:t 1:0 an additiomaI --ecessiory dwelling unit bei�.ng all«»vwed. Mavfoliw,ar Court is a. dead. end dirt rckad= AP-ddinq an additional from three to four units. This will alscn imcrease d.g s1C. y eu proportional amount. AlIowinq addit�mrtakl living units, reguard-less of their size will impact the area even more. If you aDow aWditimmal livimg unlitss Umgits) in this cu.1-de-satc the total living units could eventually total eight seyperate living units. That would mean an increased ioxpcact of This is assumming that lot 5 canmot tb*e developed as we ll ~ To allow such an -impaact to this neighborhood in. eff«ect you.change the zoning to ome of du�lexs rather than single family units~ This is nolt-hing more than a bareauratic way '!L:o bring back b::Indit un-its leagaIlyt5 when just a short while ago they were considered a blight on the community~ The idea that the acesssory unit could be re-S-tricted to long term rental is encouraging, however silly~ Given the LPu.reaucracy required to enforce it , abuse is but a simp�e matter~ Pet-somaI experience in this neighborhood in attempts to control short ter-m remtals has been a of my time tr'yinO to get the system to wof-k. I don't forsxse anything in the fu�ure t�at would make the sysstem wo�k amy bcst�er. Given the Iike atmosphere within the city government for low c-ost �alc es�ory Owelling umits Z havi? no doUbt my arguments wilI have lit -tie effect and. be passed off aS jus� another NIMBY. Tha� i� indee� sad �� I will h�ve �o �ea1 **�flh the impact of increased noisen dust, tr�f�icr loose and noisy pets, et-c~. On�e- tbe impact is incmrred t-here will be no way to cor-rect it in the fmture. If it were not for NIMBY's ju�t imagine what Aspen could have become? Unfortunate.1y I wUD be out of town during the hearing on April 21St. I �hop*e le,te�- will express my discontent with the acessory dwelling unit concept. Sincerel �,vrr� MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: William Ranch AH Zone Project - Worksession #2 DATE: April 21, 1992 The Williams Ranch project was reviewed by the Planning and Zoning Commission in a worksession setting on February 18, 1992. Staff presented several areas of concern in a memo of that same date. During the worksession, discussion fell into the following categories: applicability of affordable housing at this location, access, housing mix and resident occupancy restrictions, timing of construction of affordable units, and open space. Attached is a summary of that first worksession meeting. Since P&Z's meeting, the applicant sought a worksession with City Council. Council however declined in favor of having the Commission work through preliminary issues with the applicant. This second worksession was scheduled to review the project as amended since February 18. The applicant seeks P&Z comments prior to going to the drawing board to develop the actual plan for submission. The applicant's design team has submitted a revised site plan (attached) which attempts to address the concerns expressed in February. Please refer to the blueline print and letter from Gary Wright. This revised plan retains access from three points: Smuggler Road, Spruce Street, and through the Centennial complex via Brown Lane. Overall density has been reduced by 10%. They have proposed 17 employee lots at 4,500 s.f. each and 2 resident occupied lots. The townhome configuration has changed to 4 - fourplexes. The proposed deed restrictions are: four Category 1, six Category 2, and six Category 3 units. Fifteen free market lots are shown, Staff believes that this proposal makes good headway with the P&Z's concerns regarding housing types, categories, and blend of lot sizes and locations to reduce the perception of an affordable housing "ghetto". It is noted that for the most part, the open spaces still lack suitable size for family -oriented users. The largest area indicated (to the left of the townhomes) is approximately 16,000 s.f. or .38 acre. The layout of the fourplexes seems somewhat rigid, but as indicated by the applicant this plan is very schematic in nature and will evolve further before actual plan submission. Regarding access, the applicant has indicated during conversations with staff that the Spruce Street access is still being reviewed for legal access. They still firmly believe that this project may utilize Spruce Street and have included lot access onto Spruce for three of the free market lots. The applicant has met with County staff in a pre -application conference for 1041 Review of the Smuggler Road access improvements. At this point, the 1041 Review has not been scheduled before the County P&Z. According to Gary Wright in his April 14, 1992 letter, there appears to be little problem using the repository site from the point of view of the Environmental Protection Agency. cc: Dave Tolen, Housing Authority Suzanne Konchan, Director of County Planning Aspen Planning and Zoning Commission Summary of February 18, 1992 Workshop Williams Ranch Affordable Housing Subdivision Attached is the 2/18/92 Planning memorandum outlining three main issues for the Commission's consideration. The following notes summarize the Commission's comments on these issues. The Commission lead into these items with a general discussion of the appropriateness of affordable housing at this location. The majority of the Commission "feels good" about a project of this type mixing affordable housing with free market housing development. Specific comments include: "housing for locals is preferred", "need small freestanding units with little yards, sidewalks", "this plan is not interesting or creative",, "positive that the private developer is doing affordable housing", "this area has absorbed an inordinate amount of the City's affordable housing". Specific to the issues outlined in the staff memo, the comments were: Access: In summary, the Commissioners were skeptical of the workability of the Smuggler Road proposal. Concerns were the steep, tight configuration of lower Smuggler Road, the pedestrian and bike use of the same roadway, and the link to Park Ave. which is problematic due to the Smuggler intersection and constraints of lower Park Ave. Strengthening the mass transit to the employee units was emphasized. RFTA service to Brown Lane within Centennial, and a transit coalition of residents in Centennial, Williams Woods, Hunter Creek and this project was suggested. Walking a quarter mile with groceries is not reasonable to expect of locals or free market owners ( free market people probably won't use the bus no matter how close it is.) Two neighbors spoke up about the proposed Spruce St. access. One reasserted that this project does not have access rights above Spruce St. and would object to any increased traffic on Spruce. The other stated that people do not respect the no parking signs on Spruce now, not enough people in Hunter Creek use the bus, and upper Spruce shouldn't be paved. Housing Mix: Dave Tolen of the Housing Authority noted that the Housing Authority Board wanted to see fewer category 1 and 2 units and only one or two Resident Occupied townhomes in this project. Their concern was that the units would loose affordability. The general consensus of the Commission was that a wide range of housing types must be provided including Resident Occupied opportunities. A "neighborhood feel" was stressed as important to a project of this type. Small lots for local's housing was discussed. Timing of the Affordable Units: The Commission recognized the importance of when the affordable units come on-line in relation to the free market component of the project. It was suggested that certain free market lots could be held in escrow by the City until portions of restricted housing were completed. Open Space: It was pointed out that the open spaces as proposed were small and disjointed, therefore ineffective. A PUD overlay would allow for clustering of structures and improvements to open space. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planning DATE: February 18, 1992 RE: Williams Ranch AH Development Site Visit and Worksession Introduction: This project is the subject of an annexation application which will be heard at the March 9, 1992 City Council meeting. A public hearing is scheduled on March 17 before the Planning Commission on the zoning of this parcel to AH Affordable Housing. Prior to the Commission's formal consideration of zoning to AH, the applicant and staff would like to discuss the development concept currently being considered by the applicant. This workshop setting will give the project team a better feel for issues important to the Commission before discussions in a public hearing forum. Project Description: The site is approximately 12.7 acres located on the bench and hillside above the Centennial multi -family housing project. Please see attached application package for location information and conceptual site plan / subdivision layout. The parcel is currently in the County with R-15 PUD and AF-1 zoning. The applicant requests zoning the land to AH Affordable Housing, which allows a mix of up to 30% of the units to be free market, exempt from growth management competition. The proposal consists of affordable housing in the form of 34 townhouses (1,2,3 and 4 bedrooms, at categories 1,2 and resident occupancy) and four single family lots (resident occupancy). The free market component consists of 16 single family lots. Surrounding land uses include the 140 unit Centennial employee housing complex to the west and south, the Smuggler Mine to the southeast, 3-4 large lot residences to the north, and undeveloped open space up the mountain to the east. The plan calls for three access points via upper Spruce Street, through the middle area of the Centennial complex, and from lower Smuggler Road. Worksession Issues: For this worksession, staff has prepared the following list of the issues that we have considered regarding this site and the proposed development: Roadway access: The access issue is of importance because of the proposed densities. Three access points are delineated to disperse ingress and egress throughout the surrounding neighborhoods and to provide looped roadways to facilitate emergency access. For the Spruce Street access serving the single family lots, the applicant has indicated that an access easement exists from the end of upper Spruce and along the northern boundary of the Centennial site. Staff has received comments from two neighbors who use this access easement. They assert that the Williams Ranch property has no right to this easement. The applicant is seeking an opinion from the City Attorney regarding the wording of this easement document and whether it gives access rights to the proposed development. The Centennial access is proposed through the center of the complex at the upper end of the Teal Court parking area. The Williams Ranch parcel has a non-specific access easement through Centennial. Staff is concerned that the traffic for the multi -family portion of Williams Ranch is drawn through the parking lot of an existing dense residential project. The applicant is urged to consider other location options within the allowances of the Centennial access easement. The Smuggler Road access is shown coming off of the third switchback on lower Smuggler road. The applicant is seeking access easements across the upper portion of the County owned Molly Gibson Park. An obvious concern of staff is that the park is designated as the EPA repository for contaminated mine soils. The proposed road is above the actual containment area but still within the EPA site. The Smuggler Mine is upslope from the park. According to the applicant, access across the bench through the park land is sought to reduce visual impact of a road cut. They state that the land on Smuggler Mine property is more sloped and would result in a larger, more unsightly road cut. Bud Eylar, the County Engineer has indicated that the Board of County Commissioners will discuss the Smuggler Road access at a worksession on March 2, 1992. The issues to be discussed are the following: 1) use of County park land for access to a residential development; 2) use of lower Smuggler Road by the proposed residential densities and the road's substandard grades and switchback radii; 3) Smuggler Road as a designated scenic roadway and limitations on improving it to levels required by proposed development; 4) increased use of Smuggler Road (and any potential improvements) may spur development pressure on Smuggler Mountain. Additionally, if access through the park is found not to be an option, the County must determine what level of access is allowed by right through the Smuggler Mine property. Housing types and restriction categories: The total estimated population of this proposal is 148 residents, with approximately 92 generated by the employee units. The Housing Authority Board has discussed the proposal and has made recommendations to the applicant and staff. Their major concerns were the high density as proposed and the need to create quality housing for families. The Board suggested that the applicant provide category 4 lots for single family and/or duplexes. They were not in favor of creating more than one or two resident occupied lots. They also expressed E .f V, that fewer category-1 townhouses be included in the mix, and that they were not very interested in townhouses restricted to resident occupancy. Planning staff believes that the current configuration acts to segregate employee housing into the townhouses. The applicant feels that providing a majority of category 1 and 2 units is the most appropriate for current market demands. Dave Tolen from the Housing Authority will be present at the worksession. Open Space and visual impacts: The AH zone requires that open space for building sites is established by special review. As proposed, staff believes that this project lacks open space in tracts large enough to be viable activity areas for the intended family users. This is especially true considering the affordable units are relatively dense townhome clusters. Staff likes the concept of placing parking behind the multi -family buildings which gives open exposure to the south. The application states that the project will be working to develop links to the existing tails system. The Salvation Ditch runs through the parcel and is shown to be manipulated into a water feature within the townhome area. The townhomes are clustered on the fairly flat bench in the lower portion of the Williams Ranch development. The topography rises as steeply as 26% upslope from the townhomes. The 20 proposed single family lots are fanned out behind and to the sides of the townhomes. Staff is concerned that maximum buildout of these lots will create a visual "wall" along the hillside, being very visible from downtown. It is recommended that clustering lots and varied setbacks around open spaces be considered to reduce the "wall" effect. Other concerns: Staff has proposed that the applicant strongly consider requesting a PUD overlay along with the rezoning to AH. This would allow for a list of variations, including building envelope setbacks especially applicable to the single family lots. As this is the second private sector AH project with a deed restricted/free market mix, attention should be given to the issue of timing of the affordable components. The AH zone language in the Code is silent on this subject. Options might be (but are not limited to) tying issuance of building permits of free market homes to deed restricted building permits on a percent phasing, tying restricted building permits to free market lot sales on a phased basis, holding free market lots as security for affordable development, or developing all deed restricted housing up front. Recommendation: Staff recommends that the Commission discuss the development concepts of this project in order that the applicants readdress the proposal in light of the Commission's areas of concern. 3