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HomeMy WebLinkAboutagenda.apz.19910806 AGENDA ;~, ----------------------------------- -- --------------------- - '~",,,.' ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING August 6, 1991, Tuesday 4:30 P.M. 1st Floor city council Chambers City Hall ----------------------------------- --------------------------------- 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 - B. Depaqter Map Amendment Rezoninq - Leslie Lamont----- C. Krebs Conditional Use Review for an Accessory Dwellinq unit - Kim Johnson ~ _ j /wZ- ~~ / I() ~7 -- (] 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 GOWY109 �-- Wyl 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. 1 7 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 ----------------------------------------------------------------- ----------------------------------------------------------------- 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 0� 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. 3 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 3 40 C\j zo LO - ; r� F A V IL 'S �� f �oor� :r co" c> e tvi P, CY E I -rC H—F- 14 i-k MU I ol Iz LAR 16— ll L L- PJ L LK Ctrr-' ZA�,!': —TILPF T' 64 so Ae5C Ft* L CX:)R TJ 5/ S 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. Ile � r t NORTH . •Aspe Cowen oven /� e • \� • D; sal • 1,Tunne Sty CT P €BP T� ®� • ar • . Watern PYel it '' • 1 1*• • �1 , / ,•,` ,� `• ,\ \ \ 1` ` ;\ Ts 1 i s`l �lJ/p��� ,' i�i •� "� 1 ` \ ., r I I �,� ''��\ \ �. \'� `1 A._. ter• �� �� ute •fi ; � t1� 1��`, ��1` •�, '\`,\'```\' ti•�'f� \ / .. .• ...�\ �,�.- ,,• ��; ;`ti •, '�..� • fir~ W2 St cc IR 0 // / o /� / /� z / Q Y � f � Z LLJ > zo0�i Ld -i