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ASP" PLA)J)JI)JG A)JD ZO)JI)JG COMMISSIO)J
REGULAR IIBETI)JG
Octo~er 8, 1991, Tuesday
4:30 P.M.
2nd Floor Meetinq Room
ci ty Ball
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I. COMMBllTS
co_issioners
Planninq Staff
Public
II . MINUTES
III. PUBLIC BEARINGS
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A. Aspen Villas PUD Amendment (To ~e Ta~led to Dece~er
3, 1991) - Kim Johnson
B. 328 (100) Park Avenue Subdivision PUD Growth
Ilanaqement Quota System Exemption - Kim Johnson
C. Ukraine Conditional Use Review for :an Accessory
Dwellinq Unit - Kim Johnson
IV. DISCUSSION
A. overview of Development Review Co_ittee - Diane
Moore
V. ADJOUR)J
a.cov
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TO: Aspen Planning and Zoning Commission
FROM: Cindy Christensen, Planning Office
RE: Upcoming Meetings
DATE: October 2, 1991
This is a list of your scheduled upcoming meetings.
Regular Meeting, October 22nd
* Common Ground Housing Rezoning (PH) (LL)
a.nex
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson
DATE: October 8, 1991
RE: 100 Park Ave. Subdivision/PUD - tabled from September 3,
1991
Summary: This item was tabled by the Commission in order to give
the applicant an opportunity to respond to certain items which
concerned the Commission as well as some property owners from the
surrounding neighborhood. The applicant submitted a revised site
plan and accompanying letter (Attachment' "A"). This information
was forwarded to the Engineering Department for comment (Attachment
"B"). Planning Staff's original memo dated 9/3 is also attached.
The concerns of the Commission have been addressed by the applicant
as follows:
Driveway Designs and Curb Cut Widths: The revised plan shows that
the drop-off along Park Ave. has been deleted. The roadway to the
nor �_� the subject property has been determined to be Midland
Ave the Engineering Department. The driveway into the project
hay .-n slightly revised but requires a variation for safety
rep :s. The applicant shall make a written application to the
Engineering Department for this variance.
Dumpster Location: A trash collection area had been indicated in
the parking court, adjacent to the driveway.
Landscaping: The revised plan shows six new trees outside of the
property line to the east of the parcel. Plantings should be
within the boundaries of the project. Any work within the City
right-of-way requires permission from the City. Three small trees
have been added to the south of the relocated cottage as a buffer
for the home next door.
A detailed landscape plan will be submitted prior to final plat
review according to the applicant.
Setback from South Property Line: The part of the townhome
building nearest to the south property line has been moved back one
or two feet in response to the adjoining neighbor's concern.
Pedestrian Access to Parking: In response to concerns about the
awkward access from the affordable dwelling units to their parking
spaces behind the townhomes, the applicant has added a sidewalk
around the east side of the freemarket units. Staff realizes
however that the roof will dump snow along that side of the
building. This situation should be remedied to insure that the
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walkway is functional year-round. The previously proposed walkway
on the south side of the townhomes will remain.
Exercise Room 1 Density: The applicant correctly states that the
land use code does not prohibit other living spaces such as
library, dens, exercise rooms, etc. Any conversion of these types
of spaces to bedrooms would be a zoning enforcement issue. Staff
strongly feels that a statement should be included on the plat and
within the Subdivision Agreement which declares that the exercise
room shall not be converted tQ a bedroom without appropriate
approval through the Planning Office.
Other Staff Comments:
Right -of -Way Acquisition: Engineering comments state that the 24'
Park Ave. right-of-way is severely deficient. Subdivision
regulations requires a 80' r.o.w. for a collector street. Park
Ave. functions as a collector street b&sed on amounts and types of
use. To the north of the subject property the r.o.w. is 601. To
the south, it is 501. In consideration of the subdivision
regulations, the applicant is required to dedicate r.o.w. to Park
Ave. The amount required by code'is 28' (that being half of the
56' difference between the 80' required r.o.w. and the 24' existing
r.o.w.). The code does not specify a variance process to allow
reduced r.o.w. dedications specific to a situation such at this
case. The Engineering Department would consider a lesser
dedication given on the realities of the situation along the rest
of Park Ave. and.the character of the neighborhood. Based on a
dedication of 28' to Park Ave., the loss of lot area to the subject
parcel will result in a loss of allowable floor area and density
for the site as follows:
14,090 s.f. (gross lot area)
3,080 s.f. (28' x 110' area of r.o.w. dedication)
11,010 s.f. (net lot area)
Maximum FAR within the R/MF zone is 1:1 (11,010 s.f.)
Current proposed FAR is 12,510. The project FAR would be reduced
by 11500 s.f.
Based on minimum lot area requirements per dwelling unit, the loss
of lot area shown above would reduce the development by
11,010 s.f. (net lot area)
- 2,500 s.f. (lot area req'd for 2 - 1 bdrm. aff. units)
8,510 s.f.
2,100 s.f. ( lot area req' d for a 2 bdrm. dwelling unit)
4.05 (number of 2 bdrm. free market units allowed)
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of the minimum open space requirement of 3 5% . The project proposes
30% of the site as open space which meets the code definition. The
definition requires that open space be visible from the street, be
at least 10' in depth, and not include parking. This excludes the
landscaped area along Midland Ave. and some courtyard area between
the affordable units and the rear two free market units. A PUD
approval can include variation to minimum dimensional requirements
including minimum open space, if the reduction is not detrimental
to the character of the development. In this case, staff agrees
with the applicant that the def, inition excludes open areas that add
to the pleasurable use of the property by the occupants, and which
also allow for landscaping. Staff supports this variation request,
with the condition that more vegetation, including trees, be added
along the south side of the affordable housing and a1ong the east
facade of the free market unit adjacent to Midland Ave. The final
Landscape Plan will be submitted with the Final Plat, according to
the applicant. As with other properties within the City, tree
removal permits from the Parks Department are required for removal
of trees 6" caliper or greater.
III. Parking: The project meets the minimum parking requirement
of one space per bedroom, based on the free market units having two
bedrooms each. As previously mentioned, a condition is proposed
to prohibit the exercise rooms from being used as third bedrooms
within the free market units.
IV. Architectural Site Plan: The proposed designs of the new and
renovated structures are suitable to the intended purposes, and are
in harmony with the neighborhood. See Attachment "B". The
Historic Preservation Committee reviewed the new building and the
relocation and renovation of the historic cottage on February 13,
1991. They granted Conceptual Development approval with conditions
to be addressed at Final submission.
V. Traffic and Pedestrian Circulation: As mentioned previously,
the Engineering Department has a concern with the drop-off area
proposed along Park Ave. as it exceeds maximum curb cut allowances.
This issue must be resolved through Engineering prior to final
approval by City Council. It is also a concern of the Housing
Authority and Planning Office that the access from the affordable
units to their parking spaces (around the free market building) is
circuitous and awkward. Other options should be restudied by the
applicant prior to consideration by Council.
GMQS Exemption for Affordable Housing:
8-104.C.1.c, City Council may grant
restricted Affordable Housing. The
forward a recommendation based on the
proposed unit mix, price categories,
adopted housing plan. The proposed
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Pursuant to Section
GMQS Exemption for deed
Planning Commission must
need for the units, the
and compliance with the
replacement of affordable
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 13 and the below grade unit to
category 11. 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 6" 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:
"A"- Location Map
"8"- Proposed Site Plan, Floor Plans, and Elevation Sketches
"C"- Historic Preservation Approval Conditions
"D"- Referral Comments
"E"- Housing Replacement Data
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planning Office
RE: Ukraine Conditional Use for an Accessory Dwelling Unit
DATE: October 8, 1991
SUMMARY: The applicant seeks a Conditional Use approval in order
to construct a one bedroom accessory dwelling unit of approximately
672 square feet in the basement of a new single family residence.
This is in accordance with the provisions required in Ordinance 1,
the housing replacement ordinance. Planning Staff recommends
approval of this Conditional Use with conditions.
APPLICANT: John Ukraine
LOCATION: Lot 15 of West Aspen Subdivision, on Sierra Vista Drive
ZONING: R-15
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.
4,350 sq. ft. The applicant wishes to include a 672 s.f. one
bedroom 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 comj_Iy
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
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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.
Engineering:
1. The site plan shows two curb cuts for the residence. This
exceeds the Municipal Code requirements.
2. Permits are required from the City Streets Department for any
work within the public rights of way.
3. The applicant shall agree to join in any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. The applicant must demonstrate that the proposed conditional
use maintains or decreases the historic run-off for this property
prior to issuance of a building permit.
(For complete referral comments please see Attachment "B"
STAFF COMMENTS: Ordinance 1 (the housing replacement ordinance)
requires that new single family residential development mitigate
for affordable housing by either restricting the new residence to
resident occupancy, providing a deed restricted accessory dwelling
unit, or paying a cash -in -lieu amount based on square footage of
the home. An accessory dwelling unit is a conditional use in the
R-15 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.
K
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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. The applicant proposes one parking space
for the unit. However, an additional parking space is not required
by code for a one bedroom accessory unit. No other significant
impacts are anticipated. Access to the unit is internal through
the basement or to the front and side yards via patio doors and
stairways.
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
existing neighborhood.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
RESPONSE: The proposed deed restricted unit will satisfy Ordinance
1 requirements and 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
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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.
3. The development must comply with curb cut requirements as
stipulated by the City Engineer.
4. Permits are required from the City Streets Department for any
work within the public rights of way.
5. The applicant shall agree to join in any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
6. The applicant must demonstrate that the proposed conditional
use maintains or decreases the historic run-off for this property
prior to issuance of a building permit.
Attachments:
"A" - Floorplan and Site Sketches
"B" - Engineering Referral Memo
jtkvj/Ukraine.memo
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September 239 1991
Attached is a list off -*people I sent a notice to in regards to
the accessory dwelling unit I am planning on building on
Sierra Vista Dr.9 Aspen.
John Ukraine
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