HomeMy WebLinkAboutagenda.apz.19910806
AGENDA
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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
August 6, 1991, Tuesday
4:30 P.M.
1st Floor city council Chambers
City Hall
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I. COMMENTS
commissioners
Planninq Staff
Public
II.
MINUTES
III.
PUBLIC HEARINGS
A.
100 Park ~Y'...eJlue.--subdivi-s-iOIrtPUD--Growen-lranaqement----
Quo-ca-System Exemption and condominiumization - Kim
Johnson
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B. Depaqter Map Amendment Rezoninq - Leslie Lamont-----
C. Krebs Conditional Use Review for an Accessory
Dwellinq unit - Kim Johnson ~ _ j /wZ- ~~
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D. Aspen Villas PUD Amendment (request to be tabled by
the Application to the August 20 meeting) - Kim
Johnson
IV. NEW BUSINESS
A. Wolf tone corporation Presentation - Ellen Sassano
V. ADJOURN
a.cov
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TO: Aspen Planning and Zoning commission
FROM: Cindy Christensen, Planning Office
RE: Upcoming Meetings
DATE: August 11 1991
This is a list of your scheduled upcoming meetings.
Regular Meeting, August 20th
Blocker Conditional Use Review for an Accessory Dwelling Unit
(PH) (LL)
Aspen Villas PUD Amendment - Kim Johnson
Regular meeting, September 3rd
Aspen Mountain PUD Ice Rink Map Amendment (PH) (DM)
a. nex
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Kim Johnson, Planning
RE: 100 Park Avenue - Planned Unit Development (PUD),
Subdivision and GMQS Exemption for Affordable Housing
DATE: August 6, 1991
SUMMARY: The Planning Office recommends approval of Final PUD Plan
(as a consolidated two-step review), Subdivision, and GMQS
Exemption for affordable housing with conditions. The proposal
calls for demolition and replacement of multi -family housing in
compliance with Ordinance 1, the Housing Replacement Ordinance.
APPLICANT: Margaret Stanzione, represented by Sunny Vann
PROJECT LOCATION AND ZONING: 100 Park Avenue (a metes and bounds
parcel of approximately 14,090 s.f. located between Park Avenue,
Midland Avenue and Regent Street). The property is zoned R-MF,
Residential Multi -Family with a PUD overlay. Please see Attachment
"A" for location map.
APPLICANT'S REQUEST / PROJECT DESCRIPTION: The applicant seeks to
redevelop the parcel which contains presently five existing
unrestricted units in a multi -family arrangement. One of the
existing units is listed on the City's inventory of Historic
structures. The historic house will be relocated on site facing
Park Avenue and will be converted to two one -bedroom affordable
housing units. The upper level unit (price/income category #3)
will be 640 s.f. The garden level unit (price/income category #1)
will be 610 s.f. Five new free market units will be constructed
in a multi -family configuration facing south. Each is described
as 2,320 square feet in area, containing 2 bedrooms and 3 baths.
A garden level containing an exercise area and mud room is included
in each free market unit.
Two enclosed parking spaces will be provided for each of the free
market units. One uncovered space will be provided for each of the
affordable housing units.
The applicant requests a two-step consolidated PUD review rather
than a four -step review. A four -step process allows the Commission
and Council to review a project at a conceptual level as well as
final detailed level. Typically the full four -step review is
utilized with large scale, complex proposals. Planning staff
concurs with the request for two-step review, believing that there
would be no specific public benefit to a longer review process.
However, either the Commission or the Council may require adherence
to the four -step review process if they determine it is necessary.
Please refer to Attachment IIBII for proposed site plan, floor plans
and elevation sketches. I
PROCESS: The Commission shall consider the application and forward
recommendations to the City Council regarding PUD and Subdivision
approval, and GMQS Exemption for affordable housing.
The City Council will then make final determination on these items
as well as condominiumization and vested rights as requested by the
applicant.
Prior to final approval by Council, the Planning Director must also
grant GMQS Exemption for the replacement of the free-market units
associated with this project.
Prior to submission of the application to Planning, the proposal
received Conceptual approval (with conditions, Attachment "CII) from
the Historic Preservation Committee. This occurred on February 13,
1991.
REFERRAL COMMENTS: The following are summaries of comments received
by the Planning Office. Complete memos are contained in Attachment
I'D".
Engineering: Rob Thomson forwards these comments:
- Planning should interpret Sec.24-7-903.12.d. which states that
"every residential building shall not be farther than 60 feet from
an access roadway or drive providing vehicular access to a public
street." (Note: Planning staff has discussed this and found both
proposed buildings to meet this requirement.)
- A trash/utility area has not been designated on the plan. one
is necessary,, fulfilling the requirements of Chapter 10 of the
Municipal Code. The R-MF zone carries no size requirement.
- The driveway and drop-off area do not comply with Section 24-
19-103 of the Municipal Code. One curb cut is permitted with a
maximum width of 18 feet. Park Avenue is very narrow. Cars in the
drop-off area would be partially in the City right-of-way. This
area would probably end up being used for regular parking.
- The applicant agrees to join any future improvements districts
which may be formed to construct improvements in the public right-
of-way.
- The applicant offers to landscape and maintain the area in the
public right-of-way in exchange for a reduction in the required
open space. This landscaping is required anyway pursuant to
Section 19-122 of the Municipal Code. Any reductions to open space
2
housing complies with the criteria contained in Ordinance 1, the
Housing Replacement Ordinance. When demolition of a multi -family
residential structure occurs, Ordinance 1 requires minimum
replacement of 50% of the bedrooms and 50% of the square footage
lost. The replacement housing must be at least 50% above grade.
The price and income categories of the replacement units must be
at a minimum of 20% low income and no more than 20% restricted to
resident occupancy. The applicant proposes that the above grade
unit be restricted to category #3 and the below grade unit to
category #1. 'The Housing Authority supports the proposed units.
The Planning Office recommends approval of this GMQS Exemption.
Please see Attachment "E" for the housing replacement data from
the application.
STAFF RECOMMENDATION: The Planning Office recommends approval of
Subdivision, PUD Development Plan (including variation to the
minimum open space requirements) and GMQS Exemption for Affordable
Housing with the following conditions:
1. Prior to final approval by City Council, this project shall
receive GMQS Exemption from the Planning Director for replacement
of existing residential units.
2. The Subdivision/PUD Agreement shall contain language that
restricts the exercise rooms in the free market units from being
converted into bedrooms.
3. Prior to review by City Council, the applicant shall indicate
where the trash/utility area will be,on the site.
4. All Uniform Building Code requirements shall be met with the
renovation of the historic building.
5. The deed restricted units must meet all applicable housing
guidelines.
6. Prior to issuance of any building permits for the project, deed
restrictions for the category 1 and category 3 units shall be
approved by the Housing Authority and recorded with the Pitkin
County Clerk and Recorder. Proof of recordation shall be forwarded
to the Planning Office.
7. The applicant shall study other pedestrian access options
between the affordable and their parking spaces behind the free
market structure. A report on the findings shall be provided to
the Planning Office at least two weeks prior to the Council
hearing.
8. The driveway curb cut shall be reduced to 18' or to the
satisfaction of the City Engineer.
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9. A variance to the curb cut requirements must be granted for the
proposed drop-off area by the City Engineer. If not obtained prior
to final approval by City Council, this detail must be omitted from
the final Subdivision Plat and PUD Plan.
10. The applicant shall consult the City Engineer for design
consideration of development within the public right-of-way.
Permits must be obtained from the City Streets Department for any
work or development done in the right-of-way.
11. Prior to issuance of any building permits, a drainage
plan/drywell system shall be approved by the City Engineer.
12. The proposed transformer easement location shall be finalized
with the City Engineer prior to recordation of the Final Plat.
13. A residential fire sprinkler system is required for the five
unit building.
14. All associated connection fees must be paid prior to
connection onto the Aspen Consolidated Sanitation system.
15. Prior to approval of the Final Plat, the Planning Office shall
approve a landscaping plan for recordation with the PUD Plan.
Additional vegetation, including trees, shall be added to the
landscape plan specifically along the south side of the affordable
housing units and along the east facade of the free market unit
adjacent to Midland Ave.
16. Any trees of 611 caliper or greater which are removed from the
site must receive a tree removal permit from the Parks Department.
17. Within 180 days of approval by City Council, the
Subdivision/PUD Agreement, Final PUD Plan and Final Plat must be
recorded with the Pitkin County Clerk and Recorder. Failure to do
so will render any approvals invalid.
18. 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.
Attachments:
"All- Location Map
"B11- Proposed Site Plan, Floor Plans, and Elevation Sketches
"C11- Historic Preservation Approval Conditions
I'D"- Referral Comments
"Ell- Housing Replacement Data
8
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: dePagter Map Amendment - R-15 County to R-15 PUD City
DATE: August 6, 1991
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SUMMARY: The dePagter Is are annexing their property into the City
and are rezoning the parcel to R-15 PUD. Although the parcel is
zoned R-15 in the County, C.R.S. Section 31-12-115 requires annexed
parcels to be rezoned within 90 days of annexation.
Council passed Resolution 12, Series of 1990 stating that the
petition to annex the dePagter property was in compliance with
C.R.S., Section 31-12-101, et seq., therefore appropriate
annexation and zoning procedures may be initiated.
Although annexation is a Council review and rezoning cannot occur
prior to annexation, the City Attorney has advised staff that the
Commission may review the proposed rezoning and make a
recommendation to Council whether rezoning is appropriate.
The applicant's also wish to split their parcel. A lot split is
also a one step review at Council. The City Attorney has advised
staff that the annexation, rezoning and lot split can all be
reviewed simultaneously.
Staff recommends approval of the rezoning from R-15 to R-15 PUD.
APPLICANT: Jack Simmons representing Jacobus and Johanna dePagter
LOCATION: 0217 Harbour Lane
ZONING: R-15 County
APPLICANT'S REQUEST: To amend the Official Zone District map in
accordance with C.R.S., Section 31-12-115.
REFERRAL COMMENTS: The Engineering Department has reviewed the
application and has the following comments regarding the rezoning:
1. There is no negative impact to the existing road by zoning the
parcel to R-15 PUD. However the Department has some concern
regarding access that need to be addressed prior to annexation.
STAFF COMMENTS:
A. Proposal - The approximate 35,036 square foot parcel is
surrounded on all sides by City property. The dePagter's wish to
split their lot to provide land for their children to build a home.
According to the County Land Use code the parcel is 7,000 square
feet short of meeting the requirements for a lot split. Therefore
the dePagter's are annexing their parcel into the City, rezoning
to R-15 PUD and seeking a lot split.
Annexation of this parcel into the City is appropriate as the
dePagter parcel is completely surrounded by the City. municipal
boundaries can be "squared off" and made more uniform, thus
assuring orderly growth and provision of municipal services.
B. Applicable Review - Pursuant to Section 7-1102 the standards
of review for an amendment to the Official Zone District Map are
as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is consistent with State
annexation legislation requiring property to be rezoned within 90
days of annexation.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The various elements of the Aspen Area Comprehensive
Plan have identified this area as single family zone district. The
1988 Annexation Element of Plan mistakenly included this parcel
within the City.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: Currently the zoning on the parcel is R-15 County.
Other Harbour Lane property, recently annexed into the City, was
zoned R-15A and R-15 PUD. The adjacent property, Aspen Villas, is
zoned RMF. The Marolt property across the river is zoned
Conservation, R-15 A, and Public with SPA and PUD overlays. The
rezoning of this parcel is consistent with the surrounding zone
districts and land uses.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: According to the application, there are four homes on
Harbour Lane. The Engineering and Fire Departments are requiring
adequate access to the property. These issues will be addressed
during the lot split review.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
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capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: Annexation requires connection to the City water system.
The applicant's are dedicating their water rights to the City and
vacating their well. It will be necessary for the new home up to
connect to the Sanitation District. However the rezoning is not
expected to increase the demand for public services beyond the
services capabilities.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: Currently Harbour Lane has four homes and the City Shop
is across the river. The rerouting of Highway 82 identifies a new
bridge to be built above and to the north of the annexation. The
annexed parcel is relatively flat. Vegetation that would be
removed for development purposes shall require tree removal
permits. Stream margin review and removal of vegetation will be
reviewed prior to the issuance of any building permits for the new
home.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposed rezoning to R-15 PUD is consistent with the
surrounding zoning of the area. As mentioned above, the adjacent
Aspen Villas parcel is zoned RMF and the zoning along the other
annexed portions of Harbour Lane are R-15A. The splitting of the
parcel into two lots is a compatible density with the rest of the
neighborhood.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: A portion of Harbour Lane was annexed into the City in
August of 1989 and the Marolt was annexed into the City in 1980.
The dePagter parcel is now completely surrounded by the City. An
annexation and rezoning closes a hole within the City municipal
boundaries.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: Annexation followed by rezoning complies with the
purposes of the annexation element of the Aspen Area Comprehensive
Plan and rezoning within 90 days of annexation is mandatory
according to C.R.S., Section 31-12-115.
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RECOMMENDATION: Staff recommends approval of the rezoning of
the dePagter property amending the Official Zone District map from
R-15 County to R-15 PUD subject to annexation approval by the City
Council.
ATTACHMENTS
A. Site Pia
pz.depagter.rezone
4
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planning Office
RE: Krebs Conditional Use for an Accessory Dwelling Unit
DATE: August 6, 1991
SUMMARY: The applicant seeks a Conditional Use approval in order
to construct a studio accessory dwelling unit of approximately 303
square feet in a single family residence to be located at 916 W.
Smuggler. An accessory dwelling unit is required on this parcel
as a result of the Vandemoer Lot Split approval. Planning Staff
recommends approval of this Conditional Use with conditions.
APPLICANT: George and Alice Krebs, represented by Fred Alderfer
LOCATION: 916 W. Smuggler (Lot 2 of Vandemoer Lot Split)
ZONING: R-6
PROCESS: Conditional Use review is a one-step hearing before the
Planning Commission.
APPLICANT'S REQUEST: Conditional Use approval for an accessory
dwelling unit.
PROPOSAL: The proposed residence is a 4 bedroom home of approx.
3,238 sq. ft. The applicant wishes to include a 300 s.f. studio
accessory dwelling unit. The unit will be a "walk -out" in the
basement level. Please see Attachment "A" for a plan of the unit
and the site.
REFERRAL COMMENTS: The Housing Authority requires that accessory
dwelling units comply with the following standards:
The accessory dwelling unit shall contain between 300 to 700 square
feet of net livable area and be located within or attached to a
principal residence. It shall meet the housing designee's
guidelines for such units. The unit shall be deed restricted by
Owner to meet the definition of a Resident Occupied Unit and be
rented for period of six months or longer. The Owner of the
principal residence shall have the right to place a qualified
employee or employees of his or her choosing in the accessory
dwelling unit. Occupancy of the accessory dwelling unit is not
mandatory. The recommended condition of approval is:
1. The owner shall submit an appropriate deed restriction to the
Aspen/Pitkin County Housing Authority for approval. The unit shall
be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority the Owner shall
record the deed restriction with the Pitkin County Clerk and
Recorder's Office. A copy of the filed deed restriction shall be
submitted to the Planning Office prior to issuance of any building
permits for the accessory dwelling unit.
STAFF COMMENTS: An accessory dwelling unit is a conditional use
in the R-6 zone district. 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 employee 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: This use is compatible with the other residential uses
in the surrounding neighborhood. Located in the basement, the unit
will not be visible from the outside as a separate unit.
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 existing home. An additional parking space is not
required for a studio accessory unit. The site will accommodate
at least five vehicles for off-street parking. No other
significant impacts will result, as the unit can house no more than
two persons. Access to the unit is internal through the family
room or to the rear yard/alley via the patio doors and stairway.
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-
tion, emergency medical services, hospital and medical
services, drainage systems, and schools.
RESPONSE: All public facilities are all ready in place for the
2
existing neighborhood.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
RESPONSE: This unit is being provided pursuant to requirements of
the Lot Split process. It will contribute to the affordable
housing stock.
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.
Note: As this unit is not 100% above grade, a floor area bonus
cannot be granted to the primary residence.
STAFF RECOMMENDATION: Planning recommends approval of this
conditional use with the following condition:
1. The owner shall submit an appropriate deed restriction with the
Aspen/Pitkin County Housing Authority for approval. The unit shall
be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority the Owner shall
record the deed restriction with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for the accessory
dwelling unit, a copy of the recorded deed restriction must be
forwarded to the Planning Office.
Attachment "A" - Floorplan and Site Sketches
jtkvj/krebs.memo
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Ellen Sassano, Planner
DATE: August 6, 1991
RE: Wolftone Corporation 1041 Review Referral - Presentation
SUMMARY: The Applicant is requesting 1041 hazard review and
approval from the County for the construction of one single family
residence on a lot which is approximately 1.21 acres in size.
APPLICANT: Wolftone Corporation and Stanford H. Johnson
LOCATION: 333 S. Second Street; Base of Shadow Mountain,
immediately adjacent to the Little Cloud Subdivision site.
ZONING: R-15
REQUEST: Staff will present a summary of the applicants request at
the meeting. The application has been referred to the Commission
by the County so that any concerns expressed by the Commission may
be forwarded to the County Planning Commission and the Board of
County Commissioners in the review process. Map exhibits of the
proposed building envelope and access to the site are attached as
exhibits for reference.
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