HomeMy WebLinkAboutagenda.apz.19910305
AGENDA
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ASPEN PLAHHIHG AND ZONING COMMISSION
REGULAR MEETING
March 5, 1991, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
commissioners
Planning Staff
Public
n. MINUTES
1'<
III. PUBLIC HEARINGS
-
IV.
A. Sweeney Conditional Use for
Dwelling Unit
B. Holden/Marolt Mining Museum
SUbdivision, GMQS l!:x~J>!~oIl and
Public
1iJ?c!C)'V lJ-a'la'/)fUr'--
HEW BUSINESS
an Accessory
Final PUD
Rezoning. to
A. Braden Stream Margin Review
B. Art Park/Trolley/Snowmelt Conceptual SPA (To be
tabled to March 19)
.
v.
ADJOURN
a.cov
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TO: Aspen Planning and Zoning Commission
FROM: Cindy Christensen, Planning Office
RE: Upcoming Meetings
DATE: February 27, 1991
This is a list of your scheduled upcoming meetings.
Special Meeting, March 12th
* Art Park/Trolley/Snowmelt Conceptual SPA (LL)
Regular Meeting, March 19th
* Lewis 8040 Greenline and Conditional Use Review (PH) (LL)
* Text Amendment Section 7-602 (PH) (RE)
Special Meeting, March 26th
* The Aspen Meadows Finial SPA, etc. (PH) (KJ)
Regular Meeting, April 2nd
* 1001 Ute Avenue Subdivision/PUD, Conditional Use Review of
8040 Greenline Review (PH) (KJ)
* Messiah Lutheran Church Conditional Use Amendment and Code
Amendment for Gross Floor Area (PH) (KJ)
Regular Meeting, April 16th
* Gordon Stream Margin Review (PH?) (KJ)
a.nex
M—ESORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Sweeney Conditional Use for Detached Accessory Dwelling
Unit
DATE: March 5, 1991
SUMMARY: The applicant proposes to enlarge and deed restrict, to
Resident Occupancy, an accessory outbuilding. The applicant
seeks a conditional use for a detached accessory dwelling unit.
APPLICANT: Welton Anderson representing John Sweeney
LOCATION: 533 West Hallam Street
ZONING: R-6
APPLICANT'S REQUEST: Conditional Use review for a detached
accessory dwelling unit.
REFERRAL COMMENTS: Please see attached referral comments from
Roxanne Eflin, Historic Preservation Officer for the City of
Aspen
STAFF COMMENTS: Ordinance 60 amended Section 5-508 of the Land
Use Code to incorporate detached accessory dwelling units. The
General Provisions for accessory dwelling units, found in Section
5-508 (A), that pertain to this application are as follows: an
accessory dwelling unit shall contain not less than 300 square
feet and not more than 700 square feet, parking shall not be
required for studio or one -bedroom units, an accessory dwelling
unit shall be deed restricted to Resident Occupancy, and detached
accessory dwelling units shall only be permitted on parcels that
have secondary and or alley access...
The applicant proposes to deed restrict and expand an existing
detached dwelling unit. The structure's 349 square feet is
proposed to be expanded to 682 square feet which includes a one
car garage. The structure is located on the alley and after the
expansion will remain a one -bedroom unit.
Section 5-508 (B) identifies the review standards for a detached
accessory dwelling unit as follows:
1. The proposed development is compatible and subordinate in
character with the primary residence located on the parcel
and with development located within the neighborhood;
RESPONSE: The expansion and refurbishment of this building will
be similar to the Victorian -era style of the primary residence.
The roof pitch, materials, windows, scale, and massing are
derived from the approach used with the existing outbuilding.
The mean height of the expanded outbuilding will be 16 feet.
Although the total height of the detached accessory building will
be 19'-4" which is greater than the -height of the primary
residence, the accessory structure is smaller in scale than the
primary residence and the primary residence is only one story.
2. Where the proposed development varies from the dimensional
requirement of the underlying Zone District, the Planning
and Zoning Commission shall find that such variation is more
compatible in character with the primary residence than the
development in accord with the dimensional requirements.
RESPONSE: Within the R-6 zone district the height of a detached
accessory dwelling unit may be increased to 16 feet. According
to the plans, the mean height of the structure is 16 feet.
3. The Planning and Zoning Commission and the Historic
Preservation Committee may exempt existing non -conforming
structures, being converted to a detached accessory dwelling
unit, from Section 5-508 B. (a-g) provided that the non-
conformity is not increased.
RESPONSE: The applicant cannot build into the rear yard as it
would increase the non -conformity of the required total setbacks
for rear and front yards. For a parcel containing an accessory
structure the total for front and rear yard setbacks must be 20
feet. A setback must be clear from the ground to the sky. The
accessory structure is located within the rear yard thus
preventing any further encroachment into the rear year setback by
the accessory structure. A proposal to renovate the existing
primary structure does encroach into the front yard setback.
This issues needs to be reviewed by the zoning officer, however
this is not problematic for the conditional use review of the
accessory dwelling unit.
Section 7-304 identifies the following standards for a
conditional use review for an accessory dwelling unit:
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; and
RESPONSE: This proposal is in accordance with the goals of the
Cottage Infill Program. The proposal will secure another deed
restricted dwelling unit for Aspen's housing inventory.
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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 conditional use is an expansion of an existing
structure. According to the application, the expansion is
compatible and subordinate in character with the primary
residence. The roof pitch, materials, windows, scale, and
massing are derived from a similar approach as the original
outbuilding. The 'addition will match the architecture of the
existing residence and be consistent with other carriage houses
in the neighborhood. Outbuildings are a distinctive
characteristic of the West End. The Cottage Infill program was
originally designed with this type of land use pattern in mind.
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: There is no proposed change in the use of this alley
structure. Although the proposal is to increase the height of.
the accessory building the applicant maintains that the expanded
structure will not render visual impacts to surrounding
neighbors. The original plans proposed to decrease the distance
between the buildings from 5 to 3 feet. Staff was concerned that
a wall was being created along the property line. The recent
plans maintain the 5 foot distance between buildings, which is
required by the Zoning Code.
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; and
RESPONSE: All the facilities exist on site.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use;.and
RESPONSE: The application creates a deed restricted, Resident
Occupied unit, thereby adding another deed restricted unit to the
inventory.
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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 application complies with all the standards set
out in the conditional use review process.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning Commission approve the conditional use with the
following conditions:
1. Prior to issuance of any building permits for remodel of the
accessory dwelling unit or the principal residence, the
applicant shall provide a deed restriction to the Housing
Authority for approval. The restriction shall state that
the accessory unit meets the housing guidelines for such
units, meets the definition of Resident Occupied Unit, and
shall be rented for periods of six months or longer. Upon
approval of the deed restriction by the Housing Authority,
the applicant shall record the deed restriction with the
Pitkin County Clerk, Recorders Office and Planning
Department.
2. The floor areaf the detached accessory dwelling unit shall
not exceed , quare feet, the mean height shall not exceed
16 feet and the distance between the two buildings shall not
be decreased beyond 5 feet.
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r 1ORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Holden-Marolt Mining Museum Subdivision, Final PUD and
Rezoning to Public (PUB)
DATE: February 26, 1991
SUMMARY: The Planning Office recommends approval of Rezoning to
Public (PUB). The Planning Office also recommends approval of
the Subdivision and Final PUD Development Plan with conditions.
APPLICANT: Aspen Historical Society, represented by Graeme Means
and Heidi Hoffman
LOCATION: The 1.9 acre parcel is located on the east side of the
City -owned Marolt open space tract. The old barn and shed are
included in this nearly rectangle parcel.
ZONING: The current zoning is R-15A PUD SPA. Proposed rezoning
is to Public (PUB) PUD SPA.
APPLICANT'S REQUEST: The Historical Society is proposing the
creation of a Museum devoted to the mining and ranching
industries and their importance to the development of the upper
Roaring Fork Valley. The rezoning request to Public (PUB) is
proposed as this will be a cultural/educational facility for
everyone's. enjoyment. The Subdivision process is required
because of the long-term lease on the property. A PUD overlay
exists for the parcel, so review of these standards will be part
of this consideration. Also required for the Planning Director's
approval will be GMQS Exemption for change of use for an historic
landmark.
PROPOSAL: The barn structure will house displays, meeting and
demonstration space, visitor reception area, toilet facilities
and storage. The salt shed will contain a work shop area for
repair and maintenance of exhibit material. Displays of historic
equipment will be located outside and in the lean-to shed.
Demonstrations of agricultural and irrigation techniques will
take place on the parcel. Bike and pedestrian trails will be
added, but no vehicles will be allowed other than emergency and
service needs. Please see Attachment "A" for site, elevation and
floor sketches, and operation proposal.
REFERRAL COMMENTS: The Planning Office requested input from
several City agencies. Complete comments are contained in
Attachment "B". Highlights from their reports are as follows:
Engineering: Chuck Roth made the following comments:
1. Prior to issuance of any building permit, a plat shall be
recorded which meets the requirements of Section 24-7-1004.D
of the municipal code. This must occur within 180 days of
approval by council, or the approvals expire. The final
plat must show the entire Marolt parcel boundary, but
monumentation will only be required on the subdivided
portion.
2. Parking - This appears to be satisfactorily addressed by the
applicant.
3. Access - It is anticipated that vehicular access will be
needed for transportation of heavy museum items and for
construction. This should be indicated on the final plat
together with easements for emergency access. The language
on the plat and the possible need for specific easement
agreement documents should be coordinated with the city
attorney. Pedestrian access must be indicated on the plat
with the possible need for dedication of trails to access
the site.
Pages 11 & 12 - The City is unable to permit access to the
site from Highway 82 due to the conditions of the access
permit from the Colorado Department of Highways (CDOH).
Service trips should be restricted to "the existing
bike/pedestrian trail from the designated parking at the
Marolt housing site." This requirement is the same for
construction traffic.
4. Utilities - Needed easements should be indicated on the
final plat for utility connections which are not on the
applicant's property. The language on the plat and the
possible need for specific easement agreement documents
should be coordinated with the city attorney. The applicant
should keep in mind for the utilities location designs to
provide for minimal encumbrance to the remainder of the
Marolt Property. This may require longer connections if
other easements such as trail/access easements are to be
used.
Note: The City and the Council are under some burden in
approving an application which does not contain the final
plat showing the easements needed on the remainder of the
Marolt Property.
5. Storm runoff - This was not discussed in the application.
The application is subject to Section 24-7-1004.C.4.f. It
does not appear that storm water runoff will be a problem
for this project, but the designers should keep in mind to
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provide for storm water on their site and not to convey the
drainage off their property.
6. Signs locatingthe museum - Signs located in Highway 82
right-of-way will require CDOH approval prior to placement.
Signs located in county right -of -,Tay will require county
approval prior to placement.
City Attorney: Jed Caswall and Planning staff reviewed the
proposal and determined that the existence of the long term lease
on this parcel constitutes a subdivision according to the Land
Use Code definition of "Subdivision". For this reason, the
Museum is required to submit and file a plat describing the lease
area in context to the rest of the Marolt/Thomas parcel.
Sanitation District: Bruce Matherly stated that any kitchen
facility must be equipped with a District approved grease trap.
If separate buildings are connected to the District's collection
system, they must be connected by individual service lines.
Fire Marshall: The Fire Marshal's Office reports no comments
except that the fees should not be waived as admission is being
charged.
Parks Department: George Robinson forwarded the following
comments:
1. What specific irrigation techniques will be demonstrated and
by whom? Who will be the contractor constructing the
irrigation system?
2. Where will the service/emergency vehicle entrance be?
Questions arise if large service trucks/trailers will be
using the bike paths.
3. Who will maintain the proposed irrigation ditches, ranch
vegetation, and garden. Will proposed ditches interrupt
water flow to the rest*of Cemetery Lane ditch users?
4. Where specifically will the 11 parking spaces be and will
they be designated with signs for Museum use?
5. The Parks Department has no intentions at this time to
develop a trail spur. The "shortcut/goat path" could be
utilized and labeled as a scenic and/or nature path. Safety
and Liability of the trail should be ensured since the trail
parallels a steep embankment. The City has easements
already for this trail. What type of bike racks will be
installed?
6. Service access: what types of vehicles will be used for
drop-offs?
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7. Regarding the installation of ditches, culverts were
installed for ditches in the fall of 1990 when the trail was
paved. Proposed ditches might not be sufficient served by
these culverts.
8. The conceptual site plan should more accurately describe the
design of the proposed irrigation ditches. Also, who will
construct and maintain the many small paths shown?
Historic Preservation: Roxanne Eflin forwards the following
comments: The HPC granted Conceptual Development Approval with
conditions on November 28, 1990. The conditions are summarized
as follows:
1. A subcommittee of 3 project monitors and staff shall review
all details of the project prior to Final submission.
2. Cupolas shall be reconstructed.
3. All preservation activities shall adhere to the Secretary of
Interior standards.
4. Landscaping, decks, ditches, fencing, as well as exact
building materials details are required for Final approval.
5. The deck shall be low (close to grade level).
6. The historic loading dock feature shall be left alone.
Rocky Mountain Natural Gas: Structures must not be placed over
utility easements which must be accessible for construction,
maintenance, etc. This would include items such as fences,
walls, buildings, shrubs or trees. A written application is
required for natural gas service.
Water Department: A maze of old water service lines exist on
this property. All existing utilities must be located. Tap
locations must be found and all points of use identified; or all
existing taps must be located, disconnected from the main, and
new service connections made. The possibility of a cross
connection is too great to permit the existing system to be used.
The Historic Society does not own the water rights for the
ditches or ponds on the site, and it is not known if any
agreements or contracts exist for using this water. Water in
Colorado cannot be impounded unless a storage right has been
established, but this is moot as the Society does not own the
water rights to begin with.
n
STAFF COMMENTS: As mentioned, three reviews are required of the
Commission: Subdivision, Final PUD, and Rezoning to Public (PUB).
Standards and responses for each of these are as follows:
Subdivision
As previously mentioned, City Attorney Jed Caswall made the
determination that the existence of the long term lease for the
Historical Society (75 years) constitutes a subdivision within
the Land Use Code definition of "Subdivision". In order to
legitimize this for any future needs, this application seeks to
plat the parcel and acquire a legal description.
The General Requirements for Subdivision as set forth in Section
7-1004 C. are:
a. The proposed subdivision shall be -consistent with the Aspen
Area Comprehensive Plan.
Response: The proposed subdivision is consistent with the
Plan.
b. The proposed subdivision is consistent with the character of
existing land uses in the area.
Response: The land was leased to the Historic Society by
the City for the purpose of establishing a museum of this
type. This proposal bolsters public awareness of the
original uses of land in the area.
C. The proposed subdivision shall not adversely affect the
future development of surrounding areas.
Response: No adverse affects will occur as a result of this
subdivision.
d. The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
Response: Other land use reviews shall be conducted as
required by the land use code for any proposed development
or activities on the site.
The Engineering Department has described the specific platting
requirements required for this subdivision proposal. Of
particular concern are easements for access and utility needs.
The City Attorney should be consulted regarding necessary
documentation of easements, potentially including recognition of
other easements needed on the remainder of the Marolt property.
Final Planned Unit Development - PUD
Conceptual PUD was granted for the larger parcel by the Planning
and Zoning Commission in October 1989. The 1.9 acre barn site
was included at this level of review. This application is for
Final PUD approval. .
The purpose of Planned Unit Development (PUD) designation is to
encourage flexibility and innovation in the development of land
which:
A. Promotes greater variety in the type, design, and layout of
buildings.
B. Improves the design, character and quality of development.
C. Promotes more efficient use of land, public facilities, and
governmental services.
D. Preserves open space to the greatest extent practicable.
E. Achieves a compatibility of land uses; and
F. Provides procedures so that the type, design, and layout of
development encourages the preservation of natural and
scenic features.
The unique situation with this project is that the structures are
already existing, and improvements will be made to the level
which is safe, attractive and functional for the Museum's use.
The basic premise of creating the museum is to protect open
space, natural and scenic features, and to land use compatible
with the surrounding environment.
Specific PUD review criteria include many items not applicable to
this project, such as residential density, clustering, etc. This
memo will address only those items of specific concern to this
proposal. These standards are:
General Requirements:
a. The proposed development shall be consistent with the Aspen
Area Comprehensive Plan.
Response: This is consistent with the concepts of the
Parks/Recreation/Open Space Element of the AACP.
b. The proposed development shall be consistent with the
character of existing land uses in the surrounding area.
Response: Maintaining the open, ranching character of the
parcel is a basic intent of the project.
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C. The proposed development shall not adversely affect the
future development of the surrounding area.
Response: This use will not impair surrounding development,
which is intended to be basically open space/recreation
uses.
d. Final approval shall only be granted to the development to
the extent to which GMQS allotments are obtained by the
applicant.
Response: The Planning Director must approve GMQS exemption
for the change of use for an historic landmark prior to the
applicant filing the PUD Plan and Agreement.
Land Uses: A museum is an allowed use in the Public (PUB) zone,
which is also a part of this request.
Dimensional Requirements: In the Public zone, dimensional
requirements are established during PUD review. The 1.9 acre
site is spacious enough to accommodate the proposed Museum and
grounds. Assuming the western property line as the front of the
parcel, the dimensions requested are:
Lot size 1.9 acres
Minimum front yard:
Minimum side yard:
Minimum rear yard:
Maximum height:
% of open space
External floor area ratio
Barn
Shop
Barn
Shop
Barn
Shop
Barn with cupola
Shop
Internal floor area ratio:
100,
80'
100'
61'
45'
46'
35'
20'
96%
.05
1.1
Off -Street Parking: The application goes into detail to estimate
parking generation of 11 spaces (see Attachment "A"). The
reality of parking on the Marolt parcel is not as simple. The
100 unit housing project, when approved in early 1990, stated
that 22 of the 50 proposed spaces would be used by park,
community garden, and Museum users. It was clarified recently
6
through other staff that these 22 would be on an "as available"
The recent problems encountered by Marolt Housing
residents of not having adequate spaces for their needs tells us
that basically no parking should be expected for dedicated use by
the Museum patrons or staff. If solutions are worked out so the
Housing parking functions as originally planned, parking should
be more available for other Marolt users.
Open Space: Percentage of open space is established by PUD
review. Existing open space represents 96% of the site, and this
is proposed to be maintained.
Landscaping Plan: The proposal calls for existing trees, shrubs,
and topography to be retained. It is anticipated that seeding
with native grasses and wildflowers will occur in open areas and
trees will be planted for shade, screening and wind breaks.
Exhibits and might contain plantings of ranch era plant
varieties. Some fencing will be relocated to frame the ranch
yard between the workshop and the barn. One pond currently
exists in the northwest area off the pedestrian trail. Another
pond with an irrigation gate is proposed off of the west entry
deck of the Museum.
Lighting: Exterior lighting will be limited to security lighting
at building exits, and exhibit lighting at the loading dock. it
is proposed to be indirect and not a hazard to adjacent streets.
Staff proposes the fixtures not be flood -type lights, and be z
maximum of 100 watts per fixture.
Public Facilities:
Fire Protection and Emergency Vehicle Access: The barn will be
sprinklered for fire suppression. Current emergency access is
off of Highway 82 near Castle Creek Bridge. This will change
upon the realignment of Highway 82. Access will then be from
Castle Creek Road, into the parking area, and down the paved 8
foot pedestrian trail. Secondary access is available from the
pedestrian bridge to the east. The Fire Marshal did not indicate
any problems with this plan.
Utilities: Various utilities are on site and staff received
comments from the Water and Sanitation Departments and the gas
company. The Water Department had strong concern about all the
old existing lines on the site and will require specific
remedies. Also, there was speculation raised that irrigation
ditch use/water rights may be problematic. The applicant is
continuing to research this issue.
Traffic and Pedestrian Circulation Trails: This parcel is an
interchange area for many outlying trails. Trails are important
as vehicular access is very limited. The applicant offers a
trail plan with several components.
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1. The existing trail from the housing project will be kept in
its present alignment, which was identified on a 1981 plat.
2. A new spur is proposed to connect the main trail out to a
Maroon Creek trail. As mentioned earlier, Parks has stated
that they will not be creating the new spur. The applicant
must get together with Parks to discuss this further.
3. The "goat path" to the south of the salt shed poses a
problem because of the slope it traverses. Liability and
physical condition are the concerns of both the applicant
and the Parks staff. It. is probably best left as an
unofficial "short cut", without further improvement, unless
erosion becomes a big problem.
4. A pedestrian path will lead visitors from the main bike
trail to the barn. Bike racks will be located at this
junction. Parks requests additional information regarding
the type of racks to be used.
5. Informal paths will meander through the museum leading to
various outdoor displays of ranching and mining equipment.
It is stated that these paths will be subject to change
depending on the exhibit. Staff assumes that the trails
will be narrow (41) gravel paths. This must be clarified by
the applicant. Also, the number of paths and their proposed
temporal nature concerns Planning staff. Perhaps a few
should be removed from the plan, and those that remain be
considered permanent locations. Moving paths would leave
scars and seems unnecessary.
Traffic: The applicant feels that the limited access of the site
will eliminate congestion problems. As stated earlier, large
community functions will require patrons to park along the access
road on the west side of the Marolt, or use bus service from
town. The Historic Society must be active in promoting public
transportation to the Museum.
Service Access: Anticipated service trip generation is as
follows:
Gift Shop and Administration 1 trip/month
Work Shop 4 trips/month
Senior Van 2 trips/month
TOTAL 7 trips/month
The Parks Department expressed concern about service vehicle/
pedestrian use of the same paved trail, as well as' the types of
vehicles to be used. The applicant is aware of these concerns.
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As new irrigation ditches are proposed, culverts may be required
under the paths. The applicant must work closely with the Parks
Department to coordinate these efforts. The applicant will be
responsible for any costs associated with culvert/path work.
Rezoning to Public (PUBl
The applicant is requesting that the 1.9 acre Museum parcel be
rezoned to Public (PUB). Current zoning of R-15A does not list
museum as a permitted or conditional use.
Standards specific to rezoning are:
1. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: There are no conflicts with the land use code.
2. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The Corp. Plan Map shows this area to be open
space and parks. The proposed use is in general compliance
with this land use concept.
3. Whether the proposed zoning amendment is compatible with
surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics.
Response: The building and site are City owned. The
proposed use will give access to this historic resource.
The distance between the museum site and other residential
uses is great, therefore no direct impacts should result.
The voters of Aspen voted their support for museum use of
this parcel.
4. The effect of the proposed amendment on traffic generation
and road safety.
Response: The change will not greatly affect, the level of
service activity at the property. Special summertime events
may attract large crowds. The applicant must commit to
promoting use of public transportation and bike/foot access
to the site.
5. Whether the proposal will result in increased demand on
public facilities.
Response: Few changes in public facilities needs will
result from this rezoning. Utilities are the responsibility
10
of the applicant. The applicant will work closely. with the
Parks Department for trails and irrigation ditch work.
6. Whether the proposed amendment will result in impacts on the
natural environment.
Response: There will be little impacts resulting from the
rezoning. Vehicular access is limited and the grounds will
be worked in a very minimal manner.
7. Whether the proposal is consistent and compatible with the
community character in the City of Aspen.
Response: The Museum will add significantly to the City's
historic context.
8. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
supports the proposed amendment.
Response: The Marolt Housing project was rezoned to Public
(PUB) last year. Public support by voter approval for this
use is also a consideration.
9. 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: The proposed used will be a significant public
amenity and is in harmony with the intent of the land use
code.
STAFF RECONNIENDATION: The Planning office recommends approval of
the rezoning request to Public (PUB). The Planning Office also
recommends approval of Subdivision and Final PUD with the
following conditions:
1. The project must receive GMQS Exemption for Change in Use
for an Historic Landmark from the Planning Director prior to
City Council approval.
Subdivision:
2. The applicant must complete a Subdivision Plat in full
compliance with Section 7-1004 D. The plat shall be
submitted for Engineering's approval pursuant to these code
requirements. The Final Plat must show the entire Marolt
property, with monumentation for the Museum Parcel.
3. All easement questions for utilities and access must be
researched in conjunction with the Engineering and city
Attorney's Offices. Utility locations shall be considered
which require minimal encumbrances to the remainder of the
Marolt property.
4. Service trips shall be restricted and indicated on the plat
to be on the existing bike/pedestrian trail from the
-m*eIAIvm&e;I-parking at the Marolt Housing site.
5® Storm water runoff requirements as per Section 7-1004 C.4.f.
shall be complied with and reviewed by the Engineering
Department prior to Plat approval.
6. The Subdivision Plat must be filed within 180 days of City
Council's approval or the approval expires.
PUD: r ew 1 0 e" JOU e 7. &QTfans 84' with the Sanitation District's grease trap
requirements and service connection requirements are
mandatory.
8. Any signage on county roads or the state highway shall
comply with provisions required by those agencies. city
Sign regulations shall apply within the City's jurisdiction.
9. Existing waterline locations, spigots and taps shall be
identified and handled as per the Water Department's
comments submitted to this project file. The applicant
shall provide written verification from the'Water Department
of their satisfaction prior to Planning's approval of the
PUD documents.
10. Water rights associated with the existing and proposed
irrigation ditches and ponds shall be verified by the
applicant. The applicant shall provide written confirmation
from the City Attorney's Office or other applicable source
shall be required prior to Planning's approval of the PUD
Documents.
11. The Museum shall work with the Parks Department to answer
their questions regarding the proposed irrigation ditches,
pond work, and path work (including culvert concerns and
service truck access). The applicant shall provide written
verification of Park's approval prior to Planning's approval
of the PUD documents.
J�)12. The "goat path" short cut south of the salt shed shall
remain undeveloped unless a PUD amendment is processed.
12
13. If natural gas service is desired, written application must
be made with Rocky Mountain Natural Gas. The applicant shall
.work with the gas company regarding their easement
requirements and accessibility needs.
14. The Historic Society shall commit to actively promoting
bike, bus and pedestrian travel for all of its events to
reduce parking and roadway congestion.
The pathways within the se grounds shall be reduced in
pYs �u um gro s u 1
number 0 r
an or e
r
to limit tur 0 v io T PUD
Plan
s 1 1
dis the vegetation. he PUD Plan shall
e material will be used for the paths.
16. Lighting shall be limited to building entry areas; wattage
of fixtures not to exceed 100 watts each and shall be
downcast and unobtrusive.
17. A Final PUD Plan and PUD Agreement must be filed with the
Pitkin County Clerk and Recorder's Office within 180 days of
City Council's approval, otherwise the approval is rendered
invalid.
"U-757
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Attachments:
"All - Site Plan, Building Elevations and Floor Plans
"B" - Referral Comments
jtkvj/museum.memo
13
ATTACHMENT "A"
Site Plan
Location Map
Application Information
Building Elevations and Floor Plans
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C�F'TIJ�L
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Braden Stream Margin Review
DATE: February 26, 1991
SUMKARY: The Planning Office recommends approval of the Braden
Stream Margin Review with conditions.
APPLICANT: Ralph (Vic) and Melody Braden, represented by Sunny
Vann
LOCATION: 973 Queen Street (Parcel 7 of the Boundary Agreement
Plat) ' A
ZONING: R-15 A
APPLICANT'S REQUEST: The applicant requests stream margin
approval for a building envelope. See drawing and Boundary
Agreement Plat, Attachment "A".
REFERRAL COMMENTS: Jim Gibbard from Engineering submitted the
following comments:
1. The Engineering Department recommends that a five foot wide
fisherman's easement be granted along the riverbank measured
from the high water line.
2. Before the issuance of a building permit, the applicant
needs to submit a letter to the Engineering Department
pursuant to Section 24, Article 7-507 C.2.d. which outlines
the construction procedure for the proposed, structure.
(Attachment "B")
George Robinson from the Parks Department states:
1. The City has trail easements running along the north edge of
the property and meets with the Aspen Ditch. This easement
must be kept in place.
2. There are proposals for future development of Herron Park.
The applicant should be aware of this. Building should be
set back approximately 18 feet from Park property line to
limit impact on both parties. (Attachment "C")
d
Bill Drueding from Zoning comments that the neighbor's garage
which encroaches onto the subject parcel causes concern regarding
the Floor Area of potential structures for this lot.
Any easement to allow the garage would normally be
subtracted from the lot area for FAR calculations.
Typically, 500 square feet of garage is exempt from FAR on a
lot. If a garage is proposed with any future development,
then the existing encroaching garage should be counted into
proposed FAR as an accessory structure. The purpose of FAR
is to blend size/bulk of structures with the size of the
lot. Literal interpretation of the above regulations cause
a "double dipping" situation to the detriment of the parcel.
This is an unusual situation. It is my opinion that the FAR
deductions for the existing garage bulk would be the most
equitable approach. (Attachment "D")
PROPOSAL: The applicant seeks to establish a building envelope
of approximately 4,700 square feet for future development of a
single family residence. The proposed envelope is defined along
the river's edge by the 97 foot contour line, averaging 30 feet
from the high water level. The lot area is 13,380 square feet.
In addition to establishing a building envelope, this application
proposes to plat an easement for the neighbor's garage which
encroaches into the eastern part of this site by nearly 30 feet.
STAFF COMMENTS: Minimum lot area in the R-15 A zone is 15,000
square feet, making this a non -conforming lot of record. One
single family residence is allowed by right. Under Ordinance 1,
any new residential development must comply with housing
mitigation requirements.
Planning staff is concerned that an envelope this close to the
riverbank will have a great visual impact on the river and Herron
Park. As Parks Department comments point out, the envelope
should be moved to the 10 foot minimum setback along the eastern
property line and 18 feet away from the Herron Park side of the
lot. This will lessen visual impact of the house on the park
area and keep activities at the park from imposing on the
residents next door. Also, staff recommends moving the envelope
back from the river to the 99 foot elevation noted on the plan.
This will widen the river corridor view from the park by
approximately 15 feet. Additionally, it will limit any
construction on the slope of the river bank, retaining the
natural vegetation and limiting possible erosion.
On the northeast portion of the site, staff proposes the building
envelope move towards the encroaching garage structure. This
will allow construction to take advantage of the slope for a
basement or garden level of the house. The minimum building
separation required by code is 10 feet. Staff's proposal would
2
maintain a 14 foot building separation.: The resulting envelope
would be approximately 4,517 square feet. The envelope proposed
by the applicant is approximately 4,700 square feet. Allowable
FAR for the site is approximately 3,680 (excludes Queen Street
easement from lot area and roughly 600 square feet FAR for the
encroaching garage as per Zoning's comments noted above.) If the
encroaching garage ever "goes away" the easement will cease to
exist and that FAR can be used by the subject parcel.
Stream Margin_ Review criteria are contained in Section 7-504:
1. It can be demonstrated that any proposed development which
is in the Special Flood Hazard Area will not increase the
base flood elevation on the parcel proposed for development.
Response: The proposed development is not within a flood
hazard area.
2. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan
map is dedicated for public use.
Response: There is an easement on the north side of this
parcel as referenced on the Boundary Adjustment Plat and in
Parks Department comments. It is not clear at this point if
it is actually a trail easement. As this would be an
important trail link for access to Garrish Park from Herron
Park, it should be retitled to be a "Road/Public Trail
Easement". Across the river is a proposed bike trail
corridor in a City alley connecting the No Problem Bridge
area with points east.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the
greatest extent practicable.
Response: The Greenway Plan establishes goals for
protecting the natural river corridor which is one of the
community's prized assets. The natural character of the
riverway should be maintained for the benefit of those who
see the area from the Herron Park or No Problem Bridge. The
building envelope should be moved back as far as possible
from the river to lessen intrusion to the riverway.
In an effort to maintain the natural vegetation character
found on the site, staff recommends landscaping requirements
including protecting existing trees outside of the envelope,
wildflower and native grasses on disturbed areas of the
site, and limitations on urban turf treatments downslope of
the proposed envelope.
3
4. No vegetation is removed or slope grade changes made that
produce erosion and sedimentation of the stream bank.
Response: The applicant offers that no erosion will take
place because of construction or slope changes. Moving the
envelope back off of the slope will reinforce this goal.
Staff recommends erosion control measures on the slopeside
of the envelope. Placement of hay and/or hay bales and rock
water breaks would be helpful during construction. The
project should be monitored by staff and the architect to
insure these measures are effective in preventing erosion.
Staff recommends that no trees, even young ones, be removed
outside of the envelope to maintain native vegetation
characteristics.
5. To the greatest extent practicable, the proposed development
reduces pollution and interference with the natural changes
of the river, stream or other tributary.
Response: The river channel will not be directly affected
by this proposal.
6. Written notice is given to the Colorado Water Conservation
Board prior to any alteration or relocation of a water
course, and a copy of said notice is submitted to the
Federal Emergency Management Agency.
Response: Not applicable.
7. A guarantee is provided in the event a water course is
altered or relocated, that applies to the developer and his
heirs, successors and assigns that ensures that the flood
carrying capacity on the parcel is not diminished.
Response: Not applicable.
8. Copies are provided of all necessary federal and state
permits relating to work within the one hundred (100) year
floodplain.
Response: Not applicable.
STAFF RECOMMENDATION: Planning recommends approval of the Braden
Stream Margin Review with the following conditions:
Prior to issuance of any excavation or building permit:
1. A fisherman's easement must be filed with the Pitkin County
Clerk and recorder. This easement shall include the land
4
area under the Roaring Fork River, and on land, a 5 foot
distance measured horizontally from the high water line.
2. The Queen Street Road Easement shown on the Boundary
Agreement Plat shall be retitled Road/Public Trail Easement.
3. The applicant shall file an encroachment easement for the
neighbor's garage structure with the Pitkin County Clerk's
Office. The square footage of the this structure shall be
subtracted from allowable Floor Area of any proposed
structure on the subject parcel. If the encroaching
structure is removed, the easement shall cease to exist.
The floor area of the subject parcel effectively increases
by the removal of the encroaching structure.
4. The site plan showing the fisherman's easement and the
building envelope as proposed by staff (18 foot setback
along western side and along 99 foot contour line above
river) shall be f iled with the Pitkin County Clerk and
Recorder's Office and copies forwarded to the Planning and
Engineering Offices.
5. The applicant needs to submit a letter to the Engineering
Department pursuant to Section 24, Article 7-507 C.2.d.
which outlines construction procedure for the proposed
structure.
6. A mesh barrier fence must be erected immediately below the
building envelope during all phases of construction. This
shall prevent any construction debris, soil, rock, or
vegetation from falling down the slope.
7. No heavy equipment shall work outside of the building
envelope on the river side.
8. No existing vegetation shall be removed from outside the
building envelope.
9. The disturbed areas of the site shall be reestablished with
a mix of native grasses and wildflowers. Urban -type turfs
(bluegrass sod, etc.) and flower plantings shall not be
located downslope of the building envelope.
10. Erosion control (spread hay, hay bales and rock waterbreaks)
along the rear and sides of any new structure along
disturbed ground must be in place as soon as the new
groundform has been graded. These efforts will be=monitored
by Planning staff during and after construction.
5
Attachments: "A" - Boundary Agreement Plat and Site/Envelope
Plan showing applicant's and Staff's
Proposed Building Envelopes
"B" - Engineering Referral Comments
"C" - Parks Department Referral Comments
"D" - Zoning Referral Comments
jtkvj/Braden.memo
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