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HomeMy WebLinkAboutagenda.apz.19910716A G E N D A ------------ ----------- ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING July 16, 1991, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall ' ----------------------------- I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Aspen Villas PUD Amendment for Trash Enclosure (to be tabled to August 16) - Rim Johnson B. 465 North Mill Street Conditional Use Review for a Satellite Dish - Leslie Lamont C. Early Learning Center Conditional Use Review - Diane Moore IV. NEW BUSINESS A. Taylor GMQS Exemption for a Change in Use - Rim Johnson V. PRESENTATION TO C. WELTON ANDERSON VI. ADJOURN a.cov � A AVY16) TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: July 11, 1991 This is a list of your scheduled upcoming meetings. Regular Meeting, August 6th 100 Park Avenue Subdivision/PUD GMQS Exemption and Condomiumization (KJ) (PH) Wolftone Corporation Presentation (ES) Depagter Map Amendment Rezoning (LL) (PH) Aspen Villas PUD Amendment for Trash Enclosure (KJ) (PH) Krebs Conditional Use Review for an Accessory Dwelling Unit (KJ) Regular Meeting, August 20th a. nex 9 Ice Rink Map Amendment Rezoning, CL to P (DM) (PH) MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning DATE: July 16, 1991 RE: Conditional Use Review for a Satellite Dish SUMMARY: The applicant seeks a conditional use review for the placement of a satellite dish on the premises for business purposes. Pursuant to Section 24-5-211 a satellite dish is a conditional use in the Service/Commercial/Industrial (S/C/I) zone. In addition Section 24-3-101 outlines specific review criteria for the establishment of a satellite dish. Staff recommends approval of the satellite dish in location B. APPLICANT: Henry's Audio/Video Specialists, Ltd. as represented by Gidion Kaufman LOCATION: 465 North Mill Street ZONING: Service/Commercial/Industrial (S/C/I) APPLICANTQS REQUEST: Conditional Use review for the installation of a satellite dish. PROCESS: A conditional use is a one-step review by the Planning and Zoning Commission at a public hearing. The proposed location is not located within an Historic Overlay District therefore review by the HPC is not required. REFERRAL COMMENTS: Referral comments were not requested for this application. STAFF COMMENTS: A. Proposal. - The applicant proposes to install a 7' diameter dish with a transparent bla.ck mesh cover.. The applicant has identified two sites (please see site plan). Site A, could be screened with vegetation to reduce the visual impacts while site B would not be as visually obtrusive for pedestrians, bikers, and drivers. The height of the dish is proposed to be 3' off of the ground at the base of the dish and 10' at the top of the dish. If the dish is located on the building then the top of the dish would be approximately 7' above the edge of the roof. B. Conditional Use Review - Pursuant to Section 7-304 the criteria for a conditional use review are as follows: 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 in; and RESPONSE: The purpose of the S/C/I zone is to "allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes." The applicant intends to install a satellite dish in order to offer services not available in the valley. The applicant intends to utilize the dish to repair satellite receivers and to promote the sales of satellite dishes. The continued operation of this business and the purpose of the dish comply with the intent of the zone district. 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; and RESPONSE: The dish is proposed to be located with the City's service, commercial and industrial zone district. The surrounding land uses include a bike shop, laundromat, video store, auto service, ski photo, and printing shop. 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; and RESPONSE: Pursuant to Section 3-101 the definition of a satellite dish provides that the visibility of the dish from the public shall be reduced to the highest degree practical including, but not limited to, sensitive choice in placement of the dish, screening with fencing, landscaping, subgrade placement, or any other effective means that both screen the dish and does not appear to be unnatural on the site. Staff recommends the roof top location of the dish. Site A is too visible and probably could not be effectively screened. Site A may also be perceived as public open space and does serve as visual relief from the hard -surfaced aspect of this very busy corner. Site B, although projecting higher into the air, may not be as visible at eye level and could be screened by the existing trees. Site B would also not intrude into open space. 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 protec- 2 tion, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: The dish has no impacts on public facilities or services. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The installation of a dish will not require an additional employee as the employees of Henry's will "handle this aspect of the business." 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: The conditional use complies with all other aspects of the Comprehensive Plan and the elements of Chapter 24 of the Municipal Code. RECOMMENDATION: Staff recommends approval of the installation of a satellite dish at Site B, on top of the roof as represented on the plans. 3 al ........... 0' ":. , -Y\ - , A .... ...... . . _L=e, � G y -ram - -� t,tiJ._ ^'' , STATE OF COLORADO ) ) ss. AFFIDAVIT COUNTY OF PITKIN ) BY MY SIGNATURE BELOW, I hereby confirm that on the 26th day of June, 1991, I mailed, by placement in the United States Mail, postage prepaid, the Notice to Adjacent Property Owners, attached hereto as Exhibit "A", to the owners of real property within 300 feet of Henry's Audio Video Specialists, Ltd., located at 465 North Mill Street, Aspen, Colorado 81611. Said Notices were mailed to the respective parties and addresses set forth on Exhibit "B" attached hereto. FURTHER AFFIANT SAYETH NOT. DATED: June 26, 1991. t Bedrishah Wilson STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of June, 1991, by BEDRISHAH WILSON. WITNESS my hand and official_ seal. •`'; G , My commission expires: �f �- - Notary Public . U,C t , \seubert\mailing.aff NOTICE TO ADJACENT PROPERTY OWNERS EXHIBIT "A" RE: 465 NORTH MILL STREET CONDITIONAL USE REVIEW FOR A SATELLITE DISH NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July16, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Henry's Audio/Video Specialists, Ltd... requesting Conditional Use Review approval for a Satellite Dish to be located at 465 North Mill_ Street. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. sf Jasmine Tygrel Vice--Cbairman Planning and Zoning Commission 4355 Davidson Rd, Iliard, OH 43026 City of Aspen 130 S. Galena Asper,, CC) 83631.1, Mill street milagro Corp. P.O. Box 3203 A,spen, CO 81-612 Michael. s. Martin 545 Third St. Brooklyn, NY 11215 Edward & Irene Patton Box 264, Cruz Bay St. John, Virgin I81ands 00830 Janet Garwood and Sarah A P16tts P.O. Box 3889 spen, CO 81-612 Richard W. & Sue J. Volk 5847 San Felipe, Suite 3600 Houston, TX 77057 Pitkin County 506 B. Main St — Aspen , C 0 81.61.3. Am)pen P06t Off ic,--1 Postmaster Agptan, CO 81611 Joseph A. ZWtatO P.O. Box 503 Highland Hills, NY 1,0930 Victoria B. Fuller P.O. Box 1131 Aspen, CO 81,610 Kathryn V, . Flecfl< 1015 R. Hyman, Unit 2 Aspen, CO 81611 Henry B. Teague 412 N. Mill Aspen, CO 9161-1, Aspen Savings & Loan A2soc. P.O. Box 8207 Aspen, Co 81612 Aspen Consolidated Sanitation Dist. 565 N. Mill St. Aspen, CO 81611. City of Aspen 130 S. Galena St. Aspen, CO 81611 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Diane Moore, Planning RE: Early Learning Center Conditional Use Review DATE: July 16, 1991 SUMMARY: The applicant proposes to convert the yellow brick school into the Early Learning Center. Staff recommends approval of the conditional use for the day care center. APPLICANT: Aspen School District as represented by Glenn Horn of Davis Horn Inc. LOCATION: Block 57, Aspen Townsite ZONING: R-6, Medium -Density Residential APPLICANT'S REQUEST: The Early Learning Center Board is seeking conditional use approval to convert the yellow brick elementary school into a day care center. PROCESS: Conditional uses are those land uses which are generally compatible with the other permitted uses in a_zone district, but which require individual review of their location, design, configuration, intensity and density in order to ensure the appropriateness of the land use in the zone district. The conditional use review is a one-step review by the Planning and Zoning Commission at a public hearing. The Commission shall consider whether the standards outlined in Section 7-304 of the Land Use Code are met when considering this application for a conditional use. REFERRAL COMMENTS: Having reviewed the application the Engineering Department has the following comments: 1. The applicant should investigate undergrounding the remaining aerial utilities at the northeast corner of the property. 2. It is suggested that the applicant agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 3. The Colorado Department of Social Services requires that a child loading/unloading area must be on the same curb side as the center. 4. The applicant shall consult city engineering. 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. A five foot wide pedestrian useable space must be allowed between the property line and the edge of pavement. 5. The applicant has satisfactorily addressed drainage. The Environmental Health Department has the following comments: 6. The public sewer and potable water facilities are adequate and there should be no increase resulting from the proposed change in use from an elementary school to a day care center. We would recommend that the water supply be evaluated for the presence of lead solder within the building. The City of Aspen water is relatively corrosive and in some cases, buildings of this age can build up concentrations of heavy metals within the water system. 7. Radon tests were conducted in this building when it was operated as a public school. There were elevated levels (above the federal health standard) measured curing the investigation. The results are available from the school district or from the district consultant. The applicant for this project should become familiar with the radon report and respond accordingly with mitigation methods. Such methods could involve active removal of the radon gas rooms or simply not holding classes in the.rooms that had the high readings. Should the applicant wish to discuss this further, they should contact this department. 8. The Colorado State Department of Social Services has the responsibility of child care licensing by authority of 26-6-101 through 26-6-112 C.R.S. 1982 (commonly referred to as the Child Care Act). In order to meet licensing requirements, the applicant must follow the guidelines specified in the Minimum Rules and Regulations for Child Care Centers in all construction work that is required to convert the yellow brick schoolhouse into a child care center. The Parks Department has the following comment: 9. The Parks Department would request a copy of the landscape plan. STAFF COMMENTS: The In -Town School Sites Committee has studied the reuse of the in - town schools for approximately one year. The Committee recommended that the yellow brick school site be used for day care related uses. The concept for this application is based upon the recommendations of the In -Town School Sites Committee. The Early Learning Center Board plans to open the Early Learning Center on September 1, 1991. The proposed improvements are ............... primarily functional alterations to the inside of the building and minor improvements to the playground to accomodate pre-school age children and the handicapped. The applicant also proposes to make. some minor landscaping additions to the site. Conditional Use Review - Pursuant to Section 7-304, the criteria for a conditional use review are as follows: 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: The 1973 Aspen Land Use Plan is the adopted comprehensive plan which addresses the subject site. The Plan designates the site vicinity as Residential/Single Family. According to the Plan text, "the primary purpose is to restrict these areas to their principal existing use and thereby create a buffer between high intensity uses of the central area and the more rural areas surrounding the community." The Early Learning Center is very similar to the existing use, an elementary school. The proposed change in use is consistent with the Aspen Land Use Plan. The subject site is zoned R-6. According to Section 5-201 A. the purpose of the zone district is as quoted below: "The purpose of the Medium -Density Residential (R-6) Zone District is to provide areas for residential purposes with customary accessory uses. Recreational and institutional use customarily found in proximity to residential uses are included as conditional uses. Lands in the Medium -Density Residential (R-6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center -of the city." The Early Learning Center is an institutional accessory use to the surrounding residential neighborhood. Section 5-201 C. of the Aspen Land Use Regulations lists "day care center" as a conditional use in the R-6 zone. Article 3 of the Regulations defines a day care center as follows: "DAY CARE CENTER means a facility that provides regular supervision and care for periods of less than twenty-four (24) hours per day to six (6) or more children under the age of sixteen years who are not related to the owner or operator thereof, which is licensed, as required, by the Colorado Department of Social Services. A day care center shall provide one off-street parking space per employee, a child loading/unloading area of adequate dimensions, preferably off- street, and adequately sized indoor and outdoor play areas and shall maintain minimum hours of operation of 7:30 AM to 5:30 PM from Monday through Friday." The Early Learning Center meets the prededing definition of a day care center. Care will be provided from 7:00 AM to 6:00 PM seven days a week during the high season and five days a week in the off - season. At full capacity, the center will provide care for asm3y as 120 children under the age of six years. Eighty children will be enrolled on a full-time basis and there will be space for an additional 10 to 40 "drop -in" children. The Early Learning Center will be licensed by the Colorado Department of Social Services. Off-street parking will be provided for all employees. Adequate children loading/unloading area will be provided on Garmisch Street. 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 Early Learning Center is consistent and compatible with the surrounding residential area. The building has been used as an elementary school for many years and the proposed use will have less adverse impacts on the surrounding neighborhood than the previouse use. The In -Town School Sites Committee considered numerous reuse options for the site. As part of its considerations, it evaluated the character of the surrounding area and the comments from neighbors. Based upon the extensive public process, the Committee recommended that the yellow brick school building be used as a day care center. 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 use will have less impacts on the surrounding neighborhood than the existing use. The exterior of the building will remain the same with the exception of minor changes to the playground area as depicted in Attachment 4. Some of the existing asphalt in the playground will be replaced with gravel and grass surfaces. The basketball court will not be altered, but the remainder of the playground will be split into smaller fenced play areas. Drainage will improve by removing impervious surfaces and the addition of shade trees and landscaping. The adverse impacts on the neighborhood resulting from vehicles dropping off children will be less with the Early Learning Center as compared to the school. Traffic will be less because there will be a maximum of 120 children attending the Center as compared to 240 children attending the elementary school. The elementary school children arrive at school and leave within two short peak traffic periods. This generates more peak time traffic than will be generated by the Early Learning Center. Children attending the Early Learning Center will be dropped off and picked up at any time which is convenient. This will spread the peak traffic over a longer period of time reducing the peak traffic impacts. There are approximately 32 off-street parking spaces located on Bleeker Street which will not be affected by the change in use. Service delivery and trash pick-up will be the same, There will be less noise because there will be fewer and younger children and odor will be the same. 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: There will not be any increase in impacts on public facilities resulting from the proposed use. There will be less traffic on the roads and there will no longer be a need for the police to set up a school crossing on Main Street or block ttaff is on local streets. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: There will be fewer employees generated by the proposed use as compared to the existing use. Presently, there are 23 full- time employees working in the yellow brick school building. There will be 19 full time employees working in -the Early Learning Center. Therefore, there is no affordable housing requirement. 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: The proposed use will comply with the other regulations of this chapter. RECOMMENDATIONS: Staff recommends approval of the conditional use for the Early Learning Center with the following conditions: 1. The applicant shall consult city engineering 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. A five foot wide pedestrian ' useable space must be allowed between the property line and the edge of pavement. 2. Prior to the issuance of a building permit, the applicant shall consult with the Environmental Health Department regarding radon mitigation measures. 3. All representations made in the application and those reviewed and approved by the Planning and Zoning Commission shall be, complied with by the applicant. 4. Prior to the issuance of a building permit, the water supply shall be evaluated for the presence of lead solder. 5. The applicant should foward a copy of the landscape plan to the Parks Department prior to the installation of landscape materials. Attachments �j Rf\CZAK J ADMINISTRATIVE SERVICES CERTIFICATE OF MAILING I, Janet Raczak of RACZAK ADMINISTRATIVE SERVICES, INC., to hereby r day of June 1991 I laced a co of certify that on this � �f r' y p copy the notice of public hearing, a copy of which is attached hereto, in the U.S. Mail, first-class postage prepaid, to the following: Weese, K. Gretta Kettlekamp K & J Sutton 314 W. Willow 3408 Morris Suite 302 Chicago, ILL 60614 Peublo, CO 81008 400 - 5th Avenue, South Naples, FL 33943 M. Saunders Wright, Stewart & Emily 231 Encino E. Grosse 111 Sierra Vista San Antonia, TX 78209 23049 Farmington Rd. Redlands, CA 92373 Farmington, MI 48024 D & A Pevehouse Box 7757 T.R. Shukay Watson, E & D Aspen, CO 81612 1334 Parkview Avenue, 310 11792 Marblestone Ct. Manhattan Beach, CA 90266 West Palm Beach, FL 33414 G. Louis & France Lynette Wille 200 West Main Consance Hoquet Hotel Aspen, Ltd. Aspen, CO 81611 333 E. 68th St. c/o Aspen Accommodations, Inc. New York City, NY 10021 517 E. Hopkins Flower Garden Apt, Aspen, CO 81611 c/o Chris Leverich The Weavers Cleo kr f 735 W. Bleeker Bleeker . Condos. (S"fna 1)A( iq. Marcus/Fanno Aspen, CO 81611 114 leeker , WIjj W. Va. Z40b3 Apt. 1904 Aepen, CO 81611 18181 NE 31 st Ct. European Flower Market North Miami Beach, FL 33162 2t>W. (rb-1rl -`5" • The Neissers C.& N&rrts Sloviter Aspen, CO 81611 Bleeker . Condos. K3. 114 leeker . lLG fablo0 7- c/o Curtis Labs Steve & Lilly Ko en, CO 81611 2510 State Road 132 W. Main Bensalem, PA 19020 Aspen, CO 61611 F. Sadler Box 2989 Aspen School District R & M Segall Aspen, CO 81612 00 500 E 83th Street, 186 Aspen, CO 81611 NY, NY 10028 Paul Fabry 1127 Bourbon St. Larry & Susan Becker Donald Paul Krumm New Orleans, LA 70116 1762 Cass Lake Front Box 874 Keego Harbor, MI 48033 Aspen, CO 81612 C. Quam/Hildur Anderson Box 554 Sloviter Richard Johnson Aspen, CO 81612 1358 Robin Hood Rd. 6820 Bradbury Meadowbrook, PA 19046 Dallas, TX 75230 J. Redd/L.N. Scholnik 1001 Executive Office Park William Lloyd Davis Marian Neal Lyeth Suite 410,1001 NW 62nd Street Suite 405, 2444 Wilshire Blvd. c/o Bank of the Southwest Ft. Lauderdale, FL 33309 Santa Monica 90403 Box 35688 Dallas, TX 75235 0234 Light Hill Road 9 Snowmass, Colorado 81654 • 303-927-4800 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: GMQS Exemption - Taylor Change in Use DATE: July'16, 1991 SUMMARY: Planning Staff recommends approval of GMQS Exemption for the Change in Use of approximately 325 square feet of office space to residential use. This is for the expansion of an existing free market apartment which is located at 602 E. Hyman Ave. J1. APPLICANT: Mrs. Goodrich Taylor, represented by Gibson & Reno Architects LOCATION: 602 E. Hyman Ave., Lots K and L Block 99, Townsite of Aspen ZONING: C-1 APPLICANT'S REQUEST: GMQS Exemption for Change in Use from office to residential (free market). PROCESS: This is a one-step process for final decision by the Planning and Zoning Commission. PROPOSAL: The existing apartment is a two bedroom unit on the second floor of the building owned by Mrs. Taylor. A 600 plus square foot real estate office occupies the remainder of the second floor. The proposal calls for remodeling and reducing this office space to approximately 300 square feet. The remaining area, approximately 325 square feet will be incorporated into the residential unit as a library/den and bathroom. Please see site plan and proposed floorplan, Attachment "A"-. STAFF COMMENTS: Section 8-104 B states that the Commission may grant a GMQS Exemption for Change in Use if the changes have a minimal impact on the City. Minimal impact is described by minimal number of additional employees and provision of employee housing for the employee increase, minimal number of additional parking demanded by the Change in Use and that parking will be provided, minimal visual impact on the neighborhood, and minimal demand placed on City public facilities. This change in use specifically addresses the conversion of office space to residential use. Residential employee generation is based on individual units, not square footage. Therefore, the conversion to residential use requires no additional employee impacts. (Office use generates 3 employees per 1, 000 s. f . as per the Housing Authority guidelines, or .97 employees for the 325 square feet.) The application describes 12 stacked parking spaces on site shared by users of the building. Parking in the C-1 zone must be provided at one space per bedroom for residential uses, and 1.5 spaces per 1,000 s. f . of net leasable commercial. The net leasable commercial area of the building including the basement is approximately 4,500 square feet, therefore seven spaces are required. The two bedroom apartment requires two spaces for a total of nine spaces for the parcel. This leaves three additional parking spaces on the parcel. The new residential area is represented as library/den, so additional parking is not required. There are no exterior changes proposed. The building is currently served by existing City services. STAFF RECOMMENDATION: Planning staff recommends approval of this GMQS Exemption for Change in Use for the conversion of 325 square feet of office space to residential use. Attachment "A" - Site and Floor Plans jtkvj/taylor.memo O SEWER ALLEY voro-E Attachment "A" BLOCK 55 4 Nq 75.00' RECORD ' . . C) Z ' f,✓.E c� 2^a g1oR DECK ENCROACHES � FOUND YPC 24303 O gSREET C-o PAVED OVER PROP ' BUILDING 0 PROPERTY L o cv VIA RETAIN. WAi v v 60.02' GO •oo' RECOQ0 BlD© ENCROA ENT FOUND YPC 2• L S75'09_II"E 6' CONCRETE WALK