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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
May 7, 1991, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
commissioners
Planning staff
Public
II. MINUTES
HI.
PUBI,IC HEARINGS
A.
Aspen Villas POD Amendment for Trash/Mail Enclosure
(To be tabled to May 21)
B. Messiah Lutheran Church Conditional Use Amendment,
GMQS Exemption for Affordable Housing
C. Square Footage Code Amendment
IV. NEW BUSINESS
A. Christiania Lodge GMQS Exemption for Affordable
Housing
V. ADJOURN
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TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Messiah Lutheran Church - Conditional Use Amendment and
GMQS Exemption for Affordable Housing
DATE: May 7, 1991
SUMMARY: The Messiah Lutheran Church ("Applicant") seeks an
amendment to their existing Conditional Use approval. They wish
to construct a 1,430 s.f. deed restricted residence as a second
floor addition over the existing fellowship hall. Planning Staff
recommends approval of this Conditional Use with conditions.
APPLICANT: Aspen Bank Shares, Ltd. on behalf of the Messiah
Lutheran Church, represented by Sunny Vann
LOCATION: 1235 Mountain View Drive, Parcel A. Blk.3 West Meadow
Subdivision
ZONING: R-15 Moderate Density Residential
APPLICANT'S REQUEST: Conditional Use amendment and .GMQS
Exemption for a deed restricted affordable dwelling unit.
PROPOSAL: The proposed deed restricted residence is a 3 bedroom
1,430 sq.ft. apartment to be built above the existing fellowship
hall. The unit will be owned by the church for use by the
church's minister and family or other employees qualified by the
Housing Authority.
The church site is 17,368 s.f. and the current building contains
approximately 3,630 s.f.of floor area. Approximately 30 on -site
parking spaces are provided in front of the church. Please see
Attachment "A" for site plan and elevations.
REFERRAL COMMENTS: (please see Attachment "B" for complete
comments):
Engineering: Rob Thompson made the following comments:
1. The project's water service is provided via a private well.
According to the city water department, Section 23-55 of the
municipal code, all buildings, structures, facilities, parks or
the like within the city limits which use water shall be
1
connected to the municipal water utility system.
2. The existing parking area is not formally arranged and
probably is not very efficiently utilized. The parking spaces
depicted along the south side of the property scales to be less
than the -minimum required size for off street parking.
The applicant has stated that the on -site parking area is usually
less than full. Sufficient space should be available to
accommodate the parsonage's parking requirement. Staff
recommends that the applicant demonstrate that the proposed
conditional use minimizes adverse effects, in particular parking
and vehicle circulation, on surrounding properties.
3. Given the continuous problems of unapproved work and
development in the public rights -of -way, staff would like the
following condition of approval:
The applicant shall consult city engineering (920-5080) for
design considerations of development within public rights -
of -way and shall obtain permits for any work or development
within public rights -of -way from city streets department
(920-5130).
Fire Marshal: During a meeting with staff, Ed Van Walraven
looked over the site plan and indicated that no problem will be
created regarding access to the structure from the existing
hydrant on the street. The building code will address required
firewall separation of the residential and church portions of the'
structure.
Housing Authority: Yvonne Blocker forwards the following
comments: The proposed unit exceeds the 1,100 s.f. maximum for
Category #2 units as per the 1990 Affordable Housing Guidelines.
Therefore, the maximum rental or sales prices cannot be greater
that the Category #2 prices. However, as their intent is to
house present and future ministers, the Applicant requests waiver
of the income and asset requirements for the unit. In a recent
case specifically for administrative housing for the Aspen Valley
Hospital a waiver of this type was granted. The Housing
Authority recommends approval of the proposed unit with the
following condition:
1. The Applicant will be required to submit for approval a deed
restriction to the Housing Authority stipulating the allowed
square footage of 1,100 s.f. for a Category #2 rental/sales
unit and also stipulating that the unit shall be given
priority for occupancy by the minister and family members,
and if needed, exceed the allowed Category #2 income and
asset standards.
Water Department: Staff discussed with Larry Ballenger the
2
Engineering Department's concern over the existing water well
service to the Church. 'It was determined that since the proposed
unit is attached to the original structure, a new connection to
the City's water line is not required. It was also acknowledged
that the proposed development is 100% deed restricted housing, so
a tap fee is not required. The Church originally granted a
waterline easement to the City in exchange for the right to stay
on their own well. The Water Department requests that a new
water test be performed to insure quality to the new residence.
STAFF COMMENTS: The original Conditional Use approval was
granted in 1985. Conditions required for that approval are
provided as Attachment "C".
The current proposal seeks to accomplish two objectives. The
first is to fulfill the need to provide a housing opportunity for
a minister and family within the community. Secondly, you may
recall that the Pitkin County Bank received 1990 GMP allocations
for commercial square footage with the condition that housing
mitigation for 4.7 employees be provided. With Resolution #5,
Series 1991, the City Council approved consideration that the
Bank could meet this requirement with a three bedroom unit'at the
Church and cash mitigation for the remaining 1.7 employees. The
Bank would be responsible for obtaining all necessary development
approvals. Please see Council Resolution #5 as Attachment "D".
The proposed total FAR on the site is 5,060 s.f. This is the
maximum allowed for this site using the FAR calculations for
duplexes in the R-15 zone. This figure was elected by the
Applicant as an acceptable size because there are no FAR
calculations for conditional uses in the R-15 district. Staff
supports this method of determining maximum size for conditional
uses when none are stated in the land use code.
Conditional Use: The Commission has the authority to review and
approve development applications for substantial amendments to
conditional uses pursuant to the standards of Section 24-7-307
and 24-7-304:
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
qualified employee family in a residential area, which complies
with the R-15 zoning and the 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: This proposed residential use is compatible with the
other residential uses in the surrounding neighborhood.
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 FAR and height of the entire structure
falls within the allowed limits for duplexes in the R-15 zone.
Parking for residential uses in the R-15 district is one space
per bedroom. The original Conditional Use approval for the
Church considered four spaces per 1,000 square feet (the highest
parking requirement in the Code for "other uses" in other zones)
as an appropriate requirement. This represents 15 spaces based
on the existing church size of 3,630 square feet. The site has
30 spaces depicted on the currently proposed site plan as does
the original Conditional Use plan. The requirement of on ' e space
per bedroom (3 spaces) plus 15 spaces based on the "other uses"
figure totals a requirement of 18 spaces. Even with the original
parking design flaws referenced by Engineering, there is an
apparent surplus of spaces on the site. The applicant states,
that typically no more that 2/3 of the parking lot is utilized.
It should be noted that the original Conditional Use approval
conditioned that the applicant shall "demonstrate what design
techniques will be used to formally designate the parking
spaces." A staff site visit revealed that nothing exists to
identify spaces in the lot. Staff recommends this requirement be
reiterated in the current list of conditions.
It is anticipated that no significant impacts will occur with
pedestrian or auto traffic, noise, service deliveries, or trash.
One neighbor called with concern about visual impacts of the new
second story.
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: The private well will remain in use for this site.
All other public facilities are in place for the existing
neighborhood. The 1985 Conditional Use approval required "no
parking" signs as per the City Engineering staff recommendation.
There exists a "no parking" sign on the south side of Mountain
FAI
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View Dr. which complies with Engineering's comments at that time.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use.
RESPONSE: This proposal seeks to mitigate housing requirements
for the Pitkin County Bank expansion as City Council approved in
Resolution•#5, 1991. As a deed restricted unit, City Council may
grant GMQS Exemption for this proposal. The Commission shall
forward a recommendation to Council for this exemption request.
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, R-15 Zone requirements and any other applicable conditional
use standards.
Growth Management Exemption for Affordable Housing: Pursuant to
Section 24-8-104 C.l.c., the City Council may grant exemption
from competition for affordable housing units. They make their
decision in consideration of a recommendation from the Planning
and Zoning Commission. Having found that the proposal meets the
standards for Conditional Use, staff recommends forwarding a
recommendation for approval with the -conditions listed below.
---------------------------
STAFF RECOMMENDATION: Planning recommends approval of this
Conditional Use Amendment with the following conditions:
1. Prior to issuance of Building Permit, the affordable housing
unit must be deed restricted with the Housing Authority and filed
with the Pitkin County Clerk and Recorder for Category #2
rental/sales guidelines in place at the time of recordation.
Proof of recordation with the County Clerk shall be forwarded to
the Planning Office.
2. Occupancy priority shall be given to the Church's minister.
However, if needed for the specific use by the Messiah Lutheran
Church's minister and family, the Category #2 guidelines may be
exceeded.
3. The owner (Messiah Lutheran Church) is obligated to keep the
units occupied with qualified tenants and is obligated to notify
the Housing Authority when the unit is vacant.
4. Prior to the issuance of a building permit, the well water
shall be tested and approved by the Environmental Health.
Department.
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5. The designation of parking spaces as required in the 1985
Conditional Use approval shall be implemented and approved by
staff prior to issuance of any building permits for this
residence.,
6. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission, City Council and Historic Preservation
Committee shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
Attachment "All - Floorplan and Elevation Sketches
IIBII - Referral Agency Comments
IICII - Conditions of Approval, 1985 Conditional Use
I'D" - City Council Resolution #5, 1991
jtkvj/messiah.Tnemo
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AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPROVAL
(Pursuant to Section 6-205.E. of the Land Use Regulations)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The undersigned, being first duly sworn, deposes and says
as follows:
I, AUGUST RENO, being or representing an Applicant before
the City of Aspen, personally certify that Public Notice of e
application for a conditional use amendment for the Messiah
Lutheran Church was given by 1) posting of notice containing the
information required in Section 6-205.E.2., which posting occurred
on April 24, 1991, in a conspicuous place on the subject property
and that the said sign was posted and visible continuously from
that date, and 2) mailing Notice of said development application to
all property owners within three hundred (300) feet of the subject
property, which mailing occurred on April 24, 1991.
Applicant:
ASPEN BANK SHARES-., LTD.
By - -
Augus "Re
__7
The foregoing Affidavit of Public Notice was acknowledged
and signed before me this day of May, 1991, by August Reno on
behalf of the ASPEN BANK SHARES, LTD.
WITNESS my hand and official seal. My Commission expires 09/04/94
My commission expires: 25525 Highway 82, Lot 93
SnOwmass. Colorado 81654
Gl.
Notary Public
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Square Footage Limitation Code Amendment - Section 5-
504
DATE: May 7, 1991
SUMMARY: The applicant seeks to amend Section 5-504 of the Aspen
Land Use Code changing the language that limits the maximum size
of a financial institution. "Gross floor area" is the term used
to restrict the size of an individual commercial business within
the CC, C-1, and S/C/I Zone Districts. The applicant proposes to
change the term to "net leasable area."
A text amendment is a two step review process requiring noticing
in the newspapers at the Commission and Ordinance adoption
procedures at Council.
Staff recommends approval of the text amendment for Section 5-
504.
APPLICANT: Aspen Bank Shares, Ltd., as represented by Sunny
Vann.
APPLICANT'S REQUEST: Amend Section 5-504 changing "gross floor
area" to "net leasable area."
STAFF COMMENTS:
A. Background: Pitkin County Bank received a 1990 commercial
GMQS allocation for 2,240 square feet of net leasable square
footage to enlarge the existing bank building.
Pursuant to Section 5-504, financial institutions are limited to
a maximum of 12,000 square feet of "gross floor area." The
Zoning Department has interpreted "gross floor area," although
not defined in the Land Use Code, to mean a building's gross
square footage as everything contained within the four walls
above and below grade.
Note: floor area as defined in the code generally does not
include below grade space and net leasable is generally defined
as all commercial or office space that is meant to be leased and
occupied excluding bathrooms, stairs, corridors, mechanical and
storage areas.
The effect of this language upon the applicant is to preclude the
Pitkin County Bank and Trust Company the ability to occupy all of
the low-income category amount, with the following conditions:
1) The Pitkin County Bank must obtain Conditional Use Approval
from the Aspen Planning and Zoning Commission for the addition of
the employee housing unit at the Messiah Lutheran Church.
2) If a three (3) bedroom deed restricted unit is approved, the
cash -in -lieu payment for the remaining 1.7 employees is
$59 , 500 . 00 ( low income category) . If a four ( 4 ) bedroom unit is
approved, the payment shall be $42,000.00.
3) Payment must be made to the City of Aspen at the Finance
Director's Office prior to the issuance of any building permits
for the Bank addition. Receipt of payment shall be forwarded to
the Housing Authority and the Planning Office.
4) The Church, as owner of the unit, shall execute a deed
restriction in a form satisfactory to the City Attorney and the
Aspen/Pitkin County Housing Authority. Proof of recordation of
the restriction with the Pitkin County Clerk and Recorder shall
be forwarded to the Housing Authority and the Planning Office
prior to issuance of any building permits for the housing unit
and Bank addition.
Dated:
William L. Stirling, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing. is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado at a meeting held
, 1990.
Kathryn S. Koch, City Clerk
the additional square footage that they, �,ith their 1990
GMQS allocation:
Gross Building Area
Floor Area
Net Leasable Area
Existing Increase Proposed
91240 41190 13,430
41700 41150
51460 21240
8,850
7,700
Note: The proposed floor area is below the allowable floor area
for the site.
Although the Planning Department has confirmed Zoning's
interpretation, staff does agree with the applicant that the
language is problematic for the following reasons:
1) "Gross floor area" is not defined within the code and is not
typically used throughout the Code as a guideline for
development.
2) "Floor area" and "net leasable" are the terms used within the
Code to define the parameters of a development.
3) "Net leasable" square footage is the term.used for grog-:th
impact mitigation which can be a size limiting factor.
4) Within the CC, C-1, and S/C/I zone districts maximum
allowable floor area and other dimensional requirements are used
to limit the bulk of commercial buildings.
5) Since the time of the original zoning regulations the term
"net leasable" has been included in the Code to be used for
growth impact mitigation purposes and floor area is used for bulk
control. Thus, this change insures consistency within the Code
and is the most appropriate guideline for development.
The applicant offers two other ideas regarding the continued use
of the term "gross floor area" such as:
1) The limitation was designed to limit the size of businesses
rather than a building's bulk. The community was probably
concerned about the development of a large commercial structure
such as a K-Mart. This would support the fact that a large
building can contain numerous small commercial uses.
2) The applicant also believes that at the time this zoning
regulation was promulgated that "gross floor area" really
referred to "floor area."
2
3) Discussions with Alan Richman, please see attached letter,
have also revealed that when the new regulations were being
inserted into the code that the terminology for the limitations
`y ,
of size was not revie%,,,,_�9 for 7 - r�s �_ I .s'cnc.1 %,ith the rest of the
code. A review probably would have amended this section of the
code.
B. Proposal:
1. The applicant purposes to substitute the term "net leasable
area" for "gross floor area" in this Section of the Code.
2. The applicant also suggests reducing the square footage
allowed in this section. The term net leasable could result in
slightly larger structures because "net leasable area" is more
permissive than'"gross floor area." This problem arose when the
Code was amended to use "net leasable" instead of "floor area" as
a measurement for commercial GMQS quotas. -Research showed that
approximately 85% of a building's floor area typically
constitutes net leasable space therefore the quotas were reduced
by 15% so the total floor area of the commercial building did not
drastically increase in size but remained consistent to past
acceptable sizes as defined within the Code.
This memo does not include a 15% reduction in allowable square
footage for several reasons: a) mitigation. is required on net
leasable square footage which potentially limits size; and b) a
reduction in maximum allowable may affect existing businesses
perhaps creating a non -conforming condition with existing
businesses or structures.
However, staff is interested in the Commission's comments
regarding this element of the Code Amendment.
3. Allowances for storage and underground parking can be
excluded from this Section because the definition of "net
leasable" excludes storage and underground parking.
C. Ame-ndment: Section 5-504 is proposed to be amended as
follows:
With the Commercial Core (CC), Commercial (C-1) I
and Service/Commercial./Industrial (S/C/I) zone
districts, all permitted and conditional commercial
business shall be restricted to the following maximum
A. 3,000 sq.ft. The following and similar uses
shall be limited to three thousand (3,000) square
feet in qj2!Laas floor area: antique shop; art
3
supply; bakery; bookstore; camera shop; candy,
tobacco or cigarette shop; catalogue store; drug
store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
appliance store; art gallery; decorator shop;
seamstress; laundromat; tailor; shoe repair shop;
radio and TV broadcasting stations; rental, repair
and wholesaling, provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6,000 sq.ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
qreas floor area: drugstore (including pharmacy);
equipment rental, storage and repair; shop craft
industry; fabrication and repair and building
materials
sporting goods store; variety shop; professional
offices; and major appliance stores.
C. 9,000 sq.ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
areas floor area: service station and restaurant.
D. 12,000 sq.ft. The following and similar uses
shall be limited to twelve thousand (12,000)
square feet in cjreas floor area: vehicle sales
nth--a-n-ac3e�a�-----tetraar--(-6-�.a''txa�e
builder
supply yard; lumber yard; dry cleaning plant and
laundry; manufacture and repair of sporting goods;
printing and publishing plant; furniture store;
carpet and floor covering store; financial
institutions; and food market �tpr-an-aele13t3e�e�
t-1 tree - thelds$nel-'{�', �--sgttar,e'- Ieet--pet-r-i t-t-e d- -der
etera-ge -arrd -aeees e"ry -ttaea �-
E. 20,000 sq.ft. The following and similar uses
shall be limited to twenty thousand (20,000)
square feet in elreae floor area: warehousing and
storage.
F. Retail sales areas. All of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above
uses; provided, however, that any business
r.�
enumerated above, of the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a single
tract of land under the same ownership, shall be
considered one (1) business and together
restricted to the maximum areas floor area
provided in this section.
Amended language is proposed to read as follows:
With the Commercial Core (CC), Commercial (C-1), and
Service/Commercial/Industrial (S/C/I) zone districts, all
permitted and conditional commercial business shall be restricted
to the following maximum net leasable floor area.
A. 3,000 sq.ft. The following and similar uses
shall be limited to three thousand (3,000) square
feet in net leasable floor area: antique shop;
art supply; bakery; bookstore; camera shop; candy,
tobacco or cigarette shop; catalogue store; drug
store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
appliance store; art gallery; decorator shop;
seamstress; laundromat; tailor; shoe repair shop;
radio and TV broadcasting stations; rental, repair
and wholesaling, provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6,000 sq.ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
net leasable floor area: drugstore (including
pharmacy); equipment rental, storage and repair;
shop craft industry; fabrication and repair and
building materials; sporting goods store; variety
shop; professional offices; and major appliance
stores.
C. 9,000 sq.ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
net leasable floor area: service station and
restaurant.
D. 12,000 sq.ft. The following and similar uses
shall be limited to twelve thousand (12,000)
square feet in net leasable floor area: vehicle
sales; builder supply yard; lumber yard; dry
cleaning plant and laundry; manufacture and repair
of sporting goods; printing and publishing plant;
6i
furniture store; carpet and floor covering store;
financial institutions; and food market.
E. 20,000 sq.ft. The following and similar uses
shall be limited to twenty thousand (20,000)
square feet in net leasable floor area:
warehousing and storage.
F. Retail sales areas.of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than. one (1) of the above
uses; provided, however, that any business
enumerated above, of the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a single
tract of land under the same ownership, shall be
considered one- (1) business and together
restricted to the maximum net leasable floor area
provided in this section.
SUMMARY: In summary staff recommends the following changes to
Section 5-504:
1) changing the term "gross floor area" to "net leasable area";
2) eliminating the exclusion language for storage, basement and
underground parking; and
RECOMMENDATION: Staff recommends that the Commission recommend
to Council approval of the text amendment for Section 5-504.
C
INIY�Y � \.� ♦'I1 lY
TO: Aspen Planning and zoning Commission
FROM: Leslie Lamont, Planning
RE: Christiania Lodge GMQS Exemption for Affordable Housing
DATE: May 7, 1991
SUMMARY: The applicant seeks to convert a portion of the
basement into a 1 bedroom apartment for employees. This is a
GMQS exemption by council with review and recommendation from; the
Commission.
Staff recommends approval of the GMQS Exemption.
APPLICANT: Steen Gantzel, President and CEO of Christiania Lodge
and Chalets
LOCATION: 501 West Main Street, Aspen Colorado
ZONING: Lodge Preservation
APPLICANT'S REQUEST: GMQS Exemption for the construction of a
one bedroom employee in the basement of the Lodge.
REFERRAL CONS: Discussions with the Housing Authority have
confirmed that an employee apartment for a Lodge use shall be
deed restricted to Category 1 income and price guidelines. The
unit does not have to be used only for employees of the lodge but
tenants must comply with the Category l guidelines.
STAFF COMMENTS: Pursuant to Section 8-104 C.1(c) the Council
shall exempt deed restricted housing that is provided in
accordance with the housing guidelines. However the Commission
shall review and make a recommendation to Council regarding the
housing package.
According to the Code: The review of any request for exemption
of housing pursuant to this section shall include a determination
of the City's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number
of dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of
bedrooms in each unit, the size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed
price categories to which the dwelling units are to be deed
restricted.
RESPONSE: The applicant is proposing to convert a portion of the
existing basement into an approximately 530 - 600 square foot one
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Christiania Lodge GMQS Exemption for Affordable Housing
DATE: May 7, 1991
SUMMARY: The applicant seeks to convert a portion of the
basement into a 1 bedroom apartment for employees. This is a
GMQS exemption by council with review and recommendation from the
Commission.
Staff recommends approval of the GMQS Exemption.
APPLICANT: Steen Gantzel, President and CEO of Christiania Lodge
and Chalets
LOCATION: 501 West Main Street, Aspen Colorado
ZONING: Lodge Preservation
APPLICANT'S REQUEST: GMQS Exemption for the construction of a
one bedroom employee in the basement of the Lodge.
REFERRAL COMMENTS: Discussions with the Housing Authority have
confirmed that an employee apartment for a Lodge use shall be
deed restricted to Category 1 income and price guidelines. The
unit does not have to be used only for employees of the lodge but
tenants must comply with the Category 1 guidelines.
STAFF COMMENTS: Pursuant to Section 8-104 C.1(c) the Council
shall exempt deed restricted housing that is provided in
accordance with the housing guidelines. However the Commission
shall review and make a recommendation to Council regarding the
housing package.
According to the Code: The review of any request for exemption
of housing pursuant to this section shall include a determination
of the City's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number
of dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of
bedrooms in each unit, the .size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed
price categories to which the dwelling units are to be deed
restricted.
RESPONSE: The applicant is proposing to convert a portion of the
existing basement into an approximately 530 - 600 square foot one
furniture store; carpet and floor covering store;
financial institutions; and food mar}act.
E. 20,000 sq.ft. The following and similar uses
shall be limited to twenty thousand (20,000)
square feet in net leasable floor area:
warehousing and storage.
F. Retail sales areas. All of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above
uses; provided, however, that any business
enumerated above, of the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a single
tract of land under the same ownership, shall be
considered one (1) business and together
restricted to the maximum net leasable floor area
provided in this section.
SUMMARY: In summary staff recommends the following changes to
Section 5-504:
1) changing the term "gross floor area" to "net leasable area";
2) eliminating the exclusion language for storage, basement and
underground parking; and
RECONNIWDATION: Staff recommends that the Commission recommend
to Council approval of the text amendment for Section 5-504.
A
bedroom apartment for employees.
The apartment shall comply with the Housing Authority Guidelines
and shall be deed restricted to Category 1 guidelines and shall
be for rental purposes only. In addition the unit does not have
to be provided for only employees of the lodge but tenants must
comply with the Category 1 guidelines.
The apartment shall also comply with building code standards to
ensure that light, air and proper access are provided for the
residents.
RECOMMENDATION: Staff recommends that the Commission recommend
to Council approval of the GMQS Exemption for the provision of a
one bedroom employee unit with the following condition:
1. Prior to the issuance of any building permits the applicant
shall file a deed restriction for review and approval by the
Housing Authority. A copy of the deed restriction shall be
forwarded to the Planning Department for recordation. The
apartment shall be restricted to the Category 1 price and income
guidelines in place at the time of building permit issuance. The
apartment shall be for rental purposes only but it is not
necessary to be used only by employees of the Lodge.
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