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HomeMy WebLinkAboutagenda.apz.19910108 AGENDA #lIP' .. ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING January 8, 1991, Tuesday 4:30 P.M. 2nd Floor Meeting Room city Hall I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. NEW BUSINESS A. Rubey Employee Housing Referral and. site Visit IV. PUBLIC HEARINGS A. Dickens Conditional Use for an Accessory Dwelling Unit B. Golf Course PUD Amendment: Nordic Council Lighted Skiing (To be Tabled to January 22) V. ADJOURN a.cQV '" I No lu • 1 AN111W TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: January 8, 1991 This is a list of your scheduled upcoming meetings. Special Meeting, January 15th * Joint Meeting with County P&Z, 2nd Floor City Hall, beginning at 5:00 p.m. regarding the State Highway 82 Design Regular Meeting, January 22nd * 1001 Ute Avenue PUD/8040/Conditional Use (PH) (KJ) * Hamilton ADU Conditional Use (PH) (KJ) * Golf Course PUD Amendment: Nordic Council, Lighted Skiing (PH) (KJ) Regular Meeting, February 5th * Brew Pub (Flying Dog) Conditional Use (PH) (LL) a.nex MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Dickens Conditional Use for an Accessory Dwelling Unit DATE: December 28, 1990 SUMMARY: The applicant seeks a Conditional Use approval in order to include an accessory dwelling unit of approximately 400 square feet in a single family residence being constructed at 504 Eighth St. Planning Staff recommends approval of this Conditional Use with conditions. APPLICANT: A.T. Dickens, I Construction Corp. LOCATION: 504 Eighth St. (Lots K and L, Block 8, Townsite of Aspen) ZONING: R-6 APPLICANT'S REQUEST: Conditional Use approval for an accessory dwelling unit. PROPOSAL: The residence to be constructed is a 4 bedroom 3238 sq. ft. home. The applicant wishes to include a accessory dwelling unit of approximately 400 sq. ft. in the basement. (Attachment "A") An existing single family structure will be demolished for the new home. This accessory dwelling unit is being provided as housing mitigation under the options set forth in Ordinance 1, the Housing Replacement Ordinance. REFERRAL COMMENTS: The Housing Authority requires accessory dwelling units comply with the following standards: The accessory dwelling unit shall contain not less than 300 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, is required to be deed restricted by Owner, is 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 conditions are: I. Prior to issuance of any building permits for the accessory dwelling unit, Owner shall file an appropriate deed restriction with the Aspen/Pitkin County Housing Authority for approval. Upon approval by the Authority the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. A site inspection of the accessory unit shall be made by Housing and Zoning staff prior to final sign off on certificate of occupancy. (Attachment "B") STAFF COMMENTS: An accessory dwelling unit is a conditional use in the R-6 zoning 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 Comprehensive Plan. Ordinance 1 requires mitigation for demolition of single family housing in the community. ADU's are a mitigation method encouraged by City Council. 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. X RESPONSE: This use is compatible with the other residential uses in the surrounding neighborhood. Located in the basement, the unit is not 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 new home. Additional parking spaces will not be needed as one bedroom or studio accessory units carry no parking requirement. However, the site plan for the new home indicates that one space is proposed beyond the minimum required for a four bedroom home. No other significant impacts will result, as the unit can house no more than two persons. 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 2 protection, 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: This proposal is submitted as mitigation under the terms of Ordinance 1 for the demolition of. a single family residence. In case the owner decides to change his mitigation method to the cash -in -lieu option, the Planning Office will require that a zoning inspection and floor area check be made prior to issuance of any demolition permit s). 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 conditions: 1. Prior to the issuance of any demolition permit, the existing residence shall receive a building inspection -by the Zoning Official and a determination of the square footage of the structure shall be made from appropriate documentation. 2. Prior to issuance of Building Permit, the Accessory Dwelling Unit must be deed restricted for a. period of fifty years as a resident occupied unit with a six month minimum lease. The Housing Authority must approve the deed restriction prior to it being filed with the Pitkin County Clerk and Recorder's Office. Attachment "A" - Floorplan and Elevation Sketches "B" - Housing Authority Referral jtkvj/dickens.memo 3 .0 THE a owsaw tcwmr 1 1, 1 tc 77 zj� IL in 04 p DWI, I.-& Aryu,xj if 'AIN SHADOW MOUNTAIN 3 41 r 'IV - . % 4pet•1• 49 0 #m*q INE HOTEL A", Ch".. AS" 59 �-471r- Z 77 CC "At I A" izz SCD A YpEAKFAST al.wal* r'`� Cr�a����afi`�A6 R ��rA �n MAIN ST comoplacibc cumc Ill'SiNf'. Ir 1itolm AV rl rFA 1, 11) (I HALLAM ST. IWANCIS St. 6 6 I A 11ri NA404 41: .A L A K E Pf A 10. C, I Raftam I ALc GILLUspif ST. S IT �n%i lt��;�����zl ;/ j� �� r �`ti; r�r `r,\'� rw i T" �1�f �t- I IKkt v� '�j` � �` 'T -��KT &IONSUHUCA INN TYROLEAN LODGE .1 60 t She -car" roomp" #its 61 14 ��'��'•��ts o ; 1'14�� _ 1 '•' i3 Asp",@ ULLN LODGE lacitoory Howse (54 r- 62 3 SLEEKER ST. (65 X I lilt fill FROM: RE: DATE: I AO Aspen Planning and'Zoning Commission Ellen Sassano, Planner Rubey Lot 6 Townhomes - General Submission, Subdivision, PUD, 1041 Hazard Review and Rezoning for Employee Housing January 8, 1991 APPLICANT: The Board of County Commissioners APPLICANT" S REQUEST: The applicant is requesting the following approvals for the Rubey Lot 6 parcel: 1. Rezoning to Interim Zone of AR-2 and Final Zone of PMH 2. Subdivision 3. PUD Review 4. 1041 Hazard Review for Slopes, Floodplain and Riparian Area SITE LOCATION AND ZONE: Lot 6 of the Rubey Subdivision is located on the east side of Hunter Creek immediately north of the Hunter Creek Condominium complex. (Please see attached vicinity map). The property contains approximately 8 acres and is zoned R-15 and R-30 PUD. BACKGROUND: The County is currently reviewing the General Submission stage of the Rubey parcel submittal. The County Planning and Zoning Commission reviewed the application on December 4, 1990, at which time they tabled the application to a work session on January 15. The applicant was asked to return to the work session with a revised plan which is to reflect mitigation of concerns expressed by the Commission and the public. PURPOSE OF REFERRAL: It is requested that the Planning and Zoning Commission express concerns and/or a general response to the proposal at the meeting. Comments shall be incorporated into Staff's memo to the County Planning and Zoning Commission and to the Board of County Commissioners. DESCRIPTION OF PROJECT: The applicant proposes to construct 18- 2E townhouse units which are to be deed restricted to the low and moderate income affordable housing guidelines. Six multi -family structures are proposed, each of which will contain four units containing one to three bedrooms. Units will range in size from 500 to 1,100 square feet. Vehicular access to the site was initially proposed to be. provided from Spruce Street via an existing.24' wide easement through the Hunter Creek Condominium complex parking lot. The Hunter Creek Homeowner's Association expressed opposition to the proposed access, given increased traffic and related safety hazards associated with the access. Since the initial review before the County Planning and Zoning Commission,i theCounty has contracted to purchase the Braden parcel, which s immediately east of the Rubey parcel. The County is in the process of revising the application to reflect a revised access through the Braden parcel. ISSUES: The primary issues associated with this application are as follows: 1. Access 2. Density 3. Use of perceived open space for housing 4. The auto -dependent nature of the site plan 5. Preservation of the riparian area and wildlife buffer on - site Access Initially, the concern regarding access was the increased traffic and related safety hazards associated with ingress and egress through the Hunter Creek parking lot. The applicant is revising the application to show access through the Braden parcel. This access is preferable, as it eliminates the need to encroach on the Hunter Creek parking lot. Spruce Street, from which the Braden parcel gains access, is designed to accommodate the additional 120 vehicles per day. Open Space/Density One of the specific concerns associated with development of this site is that it's development will mean the demise of one of the few open space parcels left in a densely developed area. Regarding open space/density issues, Staff recommends the following mitigation: a. It is recommended that site density be reduced to 15-18 units. Given the narrow width of the upper bench, a site plan with fewer units will accommodate more open space and less parking mass. It is recommended that the "perception" of open space be maintained to the full extent possible. b. A mix of unit types, in terms of income level and building design may help to alleviate the perception of density. Units on the northern and southern ends of the development should be 0,10 designed to be one story in height and to have sloping roof lines so as break up the building mass as seen by Hunter Creek residents and trail users. c. The site is too narrow to accommodate any active open space use. However, it is noted that the Hunter Creek/Centennial/Lone Pine area is severely lacking in playground/ballfield facilities. With the introduction of more density to the area, the need for open space becomes more apparent.. It is conceivable that if the County obtains the Braden parcel, a portion of it may be utilized as a tot lot/pocket park facility. The applicant has revised the Plan to show a reduced density of 18 units. Given purchase of the Braden parcel, a pocket park may be a feasible use on -site. AUTO FREE CONCEPT The initially proposed site plan provided one parking space per bedroom. Parking was laid out in a linear fashion behind the townhomes (see attached site plan). The Planning and Zoning Commission objected to the fact that the initial concept was "completely auto -dependent." The commission recommended that the applicant return, with an auto -free concept which incorporated public transportation. Presented with the auto -free concept, the Housing Authority Board expressed concern that an auto -free deed restriction would leave them vulnerable to charges of discrimination and would undermine the marketability of the project. The applicant contends that the auto -free concept raises significant public policy issues. It is reasoned that an effective auto -free program must be implemented more broadly than within one complex. Given these concerns, the applicant redesigned the site plan to reduce numbers of automobiles associated with the project and to reduce parking impacts. Parking is to be reduced to 1 1/2 spaces per unit. This,_ coupled with a density reduction of six units, results in a net reduction in on -site parking from 48 spaces to 27. RFTA has indicated that the proposed project is in reasonable proximity to existing mass transit facilities and will not justify significant changes to the Hunter Creek Route. The applicant notes, however, that the Braden parcel will accommodate a bus turnaround, and an appropriate area has been identified for that purpose on the revised site/access plan. This area may be reserved for such use in the event that Hunter Creek bus routes are expanded in the future. The revised plan will include sidewalks between the project and Spruce Street. Lower Hunter Creek trail is to be upgraded between the project and Lone Pine Avenue. 3 WILDLIFE/RIPARIAN AREA The topography of the parcel consists of two relatively flat benches separated by a steeply sloping bank which traverses the property from north to south. The lower bench contains portions of Hunter Creek, its adjacent floodplain and the riparian area associated with the Creek. The upper bench parallels the property's eastern boundary and is the area in which development is to occur. The Hunter Creek trail traverses the northern side of the property. The Planning and Zoning Commission has asked the applicant to return to the work session with a proposal for a wildlife management plan for the riparian area and the property as a whole. The applicant has agreed to place a conservation easement on the undeveloped portion of the property. The easement is to be managed by ACES. Usage of the Riparian area by homeowners is to be'restricted through subdivision covenants. MEMO_RUBEY_REFERRAL 4 Staff has attached recommended conditions of approval based on the initial application, for reference. 1) Water conservation measures for the project will be specified by the applicant at Detailed Submission. Said measures shall be reviewed by the City Water and Building departments. 2) A Detailed Drainage and Grading Plan shall be provided at Detailed Submission. 3) The applicant shall obtain approval of a fugitive dust control plan from the Environmental Health Department and the Colorado Air Pollution Control Division prior to issuance of any excavation permits. 4) The applicant shall design trash areas to accommodate a recycling program. 5) Construction activity shall be limited to the hours of 7:00 a.m. to 7:00 p.m.. 6) Soil excavated from the site shall be evaluated for heavy metal content. If the soil tests "clean", it shall be held in reserve close to the site for possible use in the ii remediation activities of the Smuggler Mountain Hazardous Waste Site. This activity shall be coordinated with the Environmental Health Department. _ 7) Prior to approval of Detailed Submission, the sewage disposal system, including location, sizing and maintenance responsibility of lines and lift stations shall be reviewed and approved by the Aspen Consolidated Sanitation District. 8) Prior to approval of Detailed Submission, the water system, including location, sizing and maintenance responsibility of lines shall be reviewed and approved by the Aspen Water District. In addition, the applicant shall coordinate with the District to document adequate water provision for fire flow. 9) Units shall be deed restricted at the time of sale to income categories #1 and #2 as specified by Housing Authority Guidelines. 10) An interim zoning of AR-2 shall remain in effect during the construction and sale of the units. Upon the sale of the last unit, and release of all debt encumbering the project, the property's zoning shall revert to PMH. 5 11) Prior to Detailed Submission approval, spacing of fire hydrants and provision of water for fire flow shall be reviewed and approved by the fire marshal. 12) All utilities to the site shall be buried, in the access drive where appropriate. 13) At Detailed Submission review the applicant shall provide "will serve" letters for all proposed utility services. 14) At Final Plat, agreements for access and all utility maintenance easements shall be documented. All easements shall be designated on the Final Plat. 15) Building Envelopes shall be designated on the Final Plat. 16) Prior to issuance of any building permits, the applicant shall deed restrict the undeveloped potion of the property to remain undeveloped. Documentation of said restriction shall be submitted to the Planning Office. 17) Development of the site shall be limited to utility and access improvements, parking areas and building foundations. 18) Prior to issuance of any foundation permits, the applicant shall provide a soils report prepared by a professional engineer. Said report shall include recommendations for foundation design in areas where buildings encroach on slopes exceeding 15%. Said report shall be reviewed and approved by the County Engineer. In addition, the following criteria shall be adhered to regarding mitigation of geologic hazards: a. Cuts shall not be made into slopes steeper than thirty percent (30%), unless mechanical support is provided. b. Cuts and fills, and grading and scraping shall be confined to the minimum area needed for construction. C. Steepness of cut and fill slopes shall be the maximum which will insure stability and still allow revegetation. d. Use mulches or temporary cover on exposed soil areas and re-establish permanent vegetation and install erosion control measures as soon as possible. e. Incorporate natural drainage patterns into the development plan. 19) Dogs shall be prohibited. 2 20) Density of the project shall be reduced to 18 units. A revised site plan, incorporating less of a mass of parking and a more pedestrian, orientation shall be provided at detailed submission. 21) Covenants, a Subdivision Improvements Agreement, Landscaping and Utility Plans shall be submitted at Detailed Submission. Covenants shall specify building materials and design as represented in the application. 7 Table 1 DEVELOPMENT DATA 1. Existing Zoning 2. Proposed Zoning Interim Permanent 3. Total Site Area R-15 and R-30, PUD Acres Square Feet 4. Adjusted Site Area (Sq. Ft.)2 Land Under Water Hunter Creek Trail Easement 5. Minimum Required Setbacks (Feet) AR-2 Zone District Front Yard Side Yard Rear Yard PMH Zone District Front Yard Side Yard Rear Yard 6. Minimum Required Lot Area/Dwelling Unit (Sq. Ft.) AR-2 Zone District 4 - 1 Bdrm., 1 Bath Units @ 31200 Sq. Ft./Unit 16 - 2 Bdrm., 1 Bath Units @ 5,500 Sq., Ft./Unit 4 - 3 Bdrm., 2 Bath Units @ 51500 Sq. Ft./Unit PMH Zone District 4 - 1 Bdrm., 1 Bath Units @ 1,250 Sq. Ft./Unit 14 8.03 349,790 319,060 13,730 17,000 75 20 20 10 10 10 122,800 12,800 88,000 22,000 49,000 5,000