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HomeMy WebLinkAboutagenda.apz.19880802 AGENDA ASPEN PLANNING AND ZONING COMMISSION August 2, 1988 - Tuesday 4:30 P.M. Old City Council Chambers 2nd Floor City Hall REGULAR MEETING -------------------------------------------------------------- -------------------------------------------------------------- I. COMMENTS commissioners Planning Staff II. MINUTES III. CONSENT AGENDA ITEM A. Interpretation of a Use in the C-l Zone District IV. PUBLIC HEARING A. Brand Building - Conditional Use V. PLANNING ITEM A. Discussion with P&Z on Planning Office Work Priorities VI. ADJOURN MEETING MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Request for an Interpretation of a Use in the C-1 Zone District/Consent Agenda Item DATE: August 2, 1988 REQUEST: Dr. Jack Crandall has requested an interpretation concerning a use in the C-1 zone district. DESCRIPTION OF THE PROPOSAL: Dr. Crandall has requested that an electronics repair and limited sales establishment be allowed in the.Patio Building in the C-1 zone district. RECOMMENDATION: Staff is recommending that this be approved as a consent agenda item. Attached is a memorandum to Alan Richman explaining the staff position on the request. ch.pcc MEMORANDUM TO: Alan Richman, Planning Director FROM: Cindy Houben, Planner RE: Patio Building Uses DATE: July 21, 1988 Attached is a copy of a letter from Jack Crandall requesting that a small space (250 sq. ft.) in the Patio Building, located in the C-1 Zone District be allowed to be occupied for an electronics repair company, with limited sales of electronics goods. Appliance repair stores are not listed in the use chart for the C-1 zone district, however, service commercial establishments are allowed to a limited extent. Furthermore, an appliance store is an allowed retail use in the C-1 zone. SECTION 5-210 B Service Commercial establishment limited to the following and similar uses: catering service, financial institution, office supply store, shop -craft industry parking garage, and personal service shops including barber shop and beauty shop. You have asked me to review this to see if we could make a finding that the use could be interpreted as an approved use. The purpose of the C-1 Zone District reads as follows: SECTION 5-210 A The purpose of the Commercial (C-1) Zone District is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. Indeed, the proposed use is not a tourist oriented service. It appears that this proposed type of use would be appropriate in the C-1 zone district and is similar in nature to the above listed uses. I recommend that this use be approved, subject to its acceptance by P&Z on the consent agenda on August 2. ch.crandall MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Brand Building/Conditional Use for Historic Structure Allowing Existing Residential Unit to Delete the 6 Month minimum Lease Restriction DATE: August 2, 1988 REQUEST: Conditional Use Approval for residential dwelling units which are located above street level commercial uses in a historic landmark and which are not restricted to 6 month minimum leases. APPLICANT: Harley Baldwin. LOCATION: The Brand Building, located at 205 South Galena St., lots G, H, and I of Block 88. ZONING: Commercial Core (CC). HISTORY: The Planning Commission reviewed an application for a change in use from commercial to residential use by the current applicant. in October of 1986. This application was approved, thereby allowing (4) new residential units to be created with the condition that these be deed -restricted to a minimum 6 month occupancy requirement. Three other previously existing units were allowed.to be short -termed at that time for a total of seven units on the property. DESCRIPTION OF THE PROPOSAL: The application is requesting approval of a conditional use allowed in the CC zone district for historic structures. The specific request is to allow the applicant to lift the 6 month minimum lease deed restriction placed on 4 of the 7 units at the time the application was reviewed in 1986. The new Land Use Code, adopted April 25, 1988, specifically allows the Planning Commission to review the applicant's request as a conditional use in the CC zone district. Section 5-209 C. of the Land Use Code states as following: The following use is permitted in the CC zone district subject to the standards and procedures established in Article 7, Division 3. Residential dwelling units which are located above street level commercial uses in Historic landmarks and -' which are not restricted to 6 month minimum leases. According To Roxanne Eflin, the City Historic Preservation Specialist, the Brand Building is listed on the National Register of Historical Places and is also an Individually Designated Historic Landmark by the City, thereby qualifying the structure for this Conditional Use review by the Planning Commission. REFERRAL COMMENTS: Engineering Department: The following requests were made in the attached memorandum submitted by Chuck Roth of the Engineering Department: All existing encroachments in the alleyway be corrected. 2) A problem created on the alley from drainage off the roof of the Brand Building should be corrected. CONDITIONAL USE REVIEW: The following are the criteria for a Conditional Use review as outlined in Section 7-301 of the Land Use Code. The applicant and staff response are included below. (Please see the attached application for a more detailed response to the criteria). A. Criteria: 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: The 1973 Aspen Land Use Plan includes the site of the Brand Building, within the "Central Area" designation. The following is taken directly froin the Plan: Central Area - To allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist oriented businesses. Ordered yet diversified land uses, such as resident related commercial, residential and professional office uses, should be located on the fringe of the central area. Urban design consideration is an essential element of future development or redevelopment of the central area and is necessary to take advantage of the unusual opportunities presented by its historic heritage and the relationship of the central area and Aspen Mountain. This design element includes as primary concerns the preservation of historic sites, structures and mountain views/ implementation of tree planting programs, as well as expansion of the I pedestrian oriented mall area. Short term accommodations appear to be consistent with the description above. Short term rentals are primarily tourist oriented and offer a diversified downtown core. Such uses .are also seen as an incentive to historic preservation, which is consistent with the Plan. The applicant also adds that the new Land Use Code took into account the problems regarding second level commercial operations in the Downtown core and thereby offers residential uses as a possible option via the Conditional Use review process. B. -Criteria: 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: The application contends that the proposal is compatible with the immediate area. It notes that 3 of the 7 units are already permitted to be leased without minimum term restrictions. The application notes that residential uses above first floor uses are common in the area. Such uses have been generally viewed by the Commission as desirable, although your support has tended more toward resident -oriented housing. C. Criteria: 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 application states that the proposal will not cause adverse impacts in regard to visual, pedestrian or vehicular concerns. It also notes that there will not be any additional impact regarding noise, parking, trash, or service deliveries. The -staff tends to believe that there will be increased impacts caused by more frequent service to the units by maids, service delivery trucks, and trash service companies. Undoubtedly the units will be marketed in a way which allows short-term occupancy by tourists to the community. The staff generally supports the Brand Building location for small scale tourist accommodations but feels that the service impacts must be more closely analyzed by the applicant. Listed below are conditions with respect to trash service and alley encroachments in response to this criteria. 3 With regard to parking, the application is correct in stating that no parking spaces are required for residential uses in historic structures in the CC zone district. It is the opinion of the staff that the Brand Building occupants will not need a car while staying in the Aspen Area and will quickly realize that they are within walking distance or that they have convenient access to the bus system allowing them to easily get around the area. The Planning staff encourages the Brand Building units to be advertized as units which do not require that individuals have a car. D. Criteria: 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. Response: Adequate public facilities exist at the Brand Building, however, solid waste disposal has been identified as an alley problem by the Engineer Department. E. Criteria: 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: The only additional requirements that the Planning Staff is concerned about are mentioned in the response to criteria C. Section 7-307 of the Land Use Code allows the Planning Director to recommend conditions of approval which serve the purpose of the Land Use Code and the Aspen Area Comprehensive Plan. The Planning Office recommendation is to require that the applicant upgrade their trash service capacity in order to alleviate the need for additional trash pick up to occur. In addition, the basic alley encroachments should be cleaned up pursuant to the Engineer Department comments. RECOMMENDATION: The Planning Office recommends approval of the Conditional Use request to allow residential dwellings on the second floor level above street level in the Historic Brand Building with no minimum lease restriction with the following conditions of approval: 1. The applicants shall install a trash compactor on their property. 2. All isting t dash receptacles shall be located on ,t� Brand Buil'd�ng property outside of the alle wa . � y 4 The,, app scants may e plore ot�zer�,ztrash storage -'options � which mist be acceptable to t e EngineeringDepartment (i.e., a below �� ! 4 Ura ma`s_storage area which ac esses tie %aley with a system) 3. o encroachments shall be _ ermitte - in the alley and all e iti�r g' e�rQ.a-Ehmen utility. boxes, etc:shall be take ut of the alleyway. n l✓ he roof drainage problem in the alleyway shall be corrected by the applicant to the satisfaction of the Engineering department . The above conditions shall be met by the applicant within six months of the date of P&Z approval of the conditional use, or the conditional use permit shall be revoked. CH.HARLEY 5 MEMORANDUM To: Cindy Houben, Planning Office From: Chuck Roth, Assistant City Engineer (iqe- Date: July 24, 1988 Re: Brand Building - Conditional Use Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Insofar as the granting of the conditional use represents an improvement of property values and revenue potentials to the applicant, and insofar as the city is able to make requests or requirements associated with property zoning benefits, the Engineering Department suggests two requests or requirements. In the alley there are a number of encroachments of uses perti- nent to the Brand Building. A plat was not received with this application, but there appear to be at least four dumpsters in the alley right-of-way and other utility installations - gas, water, electric - which appear to be encroaching into the alley. It is desireable both from a public safety standpoint (the code requires 20 foot wide emergency access) and from the standpoint of general ability to make the best use of alleys, to have these encroachments removed from the alley. It does not appear that these encroachments are licensed. It may not be appropriate to be granting conditional use approvals to a structure which has unlicensed encroachments in the public right-of-way. There has been a problem with roof drainage at the Brand Building which is merely drained onto the surface of the alley where it freezes during winter months, thereby creating an ice hazard. For new construction, a developer would typically install a drywell to drain the roof into. (This was done at the Indepen- dence Lodge Building, also known as the Crossroads Drugs build- ing.) The Engineering Department would like to see this roof drain removed from the alley. The other technique besides a dry well to deal with the water would be to pipe it to the storm sewer in Mill Street. cc: Jay Hammond,, City Engineer/Director of Public Services CR/cr/memo-88.62