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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
December 20, 1988 - Tuesday
4:30 P.M.
Old City Council Chambers
2nd Floor
city Hall
REGULAR MEETING
>
I. COMMENTS
Commissioners
Planning Staff
II.
MINUTES
/11/'1/01
III. PUBLIC HEARINGS
A. Brand Building Conditional Use Amendment
IV. PRE-APPLICATION CONFERENCE
A. Red Roof Inn Concept Plan
V. COMMISSIONERS DISCUSSION
A. Conflict of Interest/Recommended Code Revisions
VI. ADJOURN MEETING
a.cov
'"
MEMORANDUM
TO: Aspen Planning Commission
FROM: Cindy Houben, Planning Office
RE: Brand Building Conditional Use Review Amendment
DATE: December 20, 1988
REQUEST: Conditional Use Amendment 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, 205 South Galena Street, Lots G
H, and I of Block 88. ,
ZONING: Commercial Core (CC)
SUMMARY: On August 2, 1988 the Planning Commission held a Public
Hearing for the Brand_ Building Conditional Use review for
historic structures allowing existing residential n '
t tthe 6 month minimum lease restriction. At thatmeeting delete
applicant represented that a one bedroom employee unit would be
maintained on site. On September 12, 1988 the applicant went
before the City Council requesting condominiumization of the
Brand Building. At that time the applicant indicated that
he
would like to pay the affordable housing fee on the employee unit
so that it would not be deed restricted In other words the
representation to the Planning Commission that the Brand Building
would contain a 1 bedroom employee unit changed.
At the time of the Conditional review before the Planning
Commission, the Planning Office felt that the Commission was
concerned that the building had dramatically changed through t
he
years leaving only one employee unit. The Planning Office has
.determined that the request to remove the one remaining employee unit is a significant modification to the Co on site
itio
Use application, thereby requiring the Planning to
Commission nal
consider an amendment to the Conditional Use approval.
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 mont
occupancy requirement. Three other previously existing units
- s
were allowed to be short -termed at that time for a total of seven
units on the property.
DESCRIPTION OF THE PROPOSAL: The applicant is requesting approval
of a conditional use allowed in the CC zone district for
historic structures. The specific request is to amend the prior
approval which allowed 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 Aspen Historic Preservation
Planner, 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.
(As you are aware a•
recommendation has been made to
City Council that an alley improvement district be
formed for the Brand Building alley.)
2) A problem created on the alley from drainage off the
roof of the Brand Building should be corrected. (See
Condition #5.)
STAFF COMMENTS: The following Criteria and Responses are taken
from the August 2nd review of the application. As you are aware
these criteria were adequately addressed by the applicants and
additional conditions were imposed by the Planning Commission
(See conditions listed in the recommendation portion of this
application). The criteria are listed to remind the Planning
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Commission that the Conditional Use Review was based on
representation that the Brand Building would contain a the
unit. n employee
A. Criteria: The conditional use is consistent with t
purposes, goals, objectives and standards of the Aspen he
ea
Comprehensive'Plan, and with the intent of the Zone District
in which it is proposed to be located. District
Response: The 1973 Aspen Land Use Plan includes the site of
the Brand Building within the "Central Area" designation.
The following is taken directly from 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
pedestrian oriented mall area. the
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 reservat'
which is consistent with the Plan. p ion,
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 offer
residential uses as a possible option via the Conditions
Use review process. al
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 applicant contends that the proposal is
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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.
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.
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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.
In summary, the Planning Office feels that all the above criteria
were adequately addressed at the August 2 meeting. The only
issue which the Planning Commission must deal with at tonight's
meeting is whether or not to require the applicant to maintain
the on site employee unit.
The applicants represented at the last Planning Commission review
that there would be an on site employee managers apartment and
that this was necessary for the operation of the short term
units. This understanding was one of the reasons the Planning
Office recommended approval of the Conditional review to lift the
6 month minimum lease restriction. It was felt that an on site
manager would help alleviate some of the need for additional
service deliveries and trips to the short term units. Therefore,
we recommend as a condition of approval that the on site unit be
maintained.
RECOMMENDATION: The Planning Office recommends denial of the
amendment request to remove the on site employee unit.
The Planning Office recommends a clarification to the August 2nd
approval of the Conditional Use request (the addition of
Condition #1) 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 one bedroom unit shallbe permanently deed restricted to
the moderate employee guidelines. This deed restriction
shall be filed and recorded with the Housing Authority prior
to the recordation of a condominium plat for the Brand
Building.
2. The applicants shall install a trash compactor on their
property.
3. All existing trash receptacles shall be located on the Brand
Building property outside of the alleyway. The applicants
may explore other trash storage options which must be
acceptable to the Engineering Department (i.e., a below
grade trash storage area which accesses the alley with a
lift system) .
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4. No encroachments shall be permitted in the alley and all
existing encroachments (utility boxes, etc.) shall be taken
out of the alleyway.
5. The roof drainage problem in the alleyway shall be corrected
by the applicant to the satisfaction of the Engineering
Department.
6. 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.BRAND100
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BRAND BUILDING CONDITIONS OF APPROVAL:
Planning Commission approval on August 22, 1988
1. The applicants shall install a trash compactor on their
property.
2.The applicant shall apply for an encroachment permit for the
roof drainage problem in the alleyway The existing drainage
problem shall be corrected to the satisfaction of the Engineering
Dept.
3. The above conditions shall be met by the applicant within six
months of the date of this approval or the conditional use permit
shall be revoked. However the applicant has 12 months in which to
satisfy condition # 2 above.
4. If an improvement district is formed the applicant shall join
the district.
In addition the Planning Commission sent the City Council a
resolution requesting the formation of an alley improvement
district for the Brand Building alley. The purpose of the
improvement district is to correct the trash,drainage traffic and
parking problems of the alley.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Tom Baker, Principal Planner �zj
RE: Pre -application Conference: Red Roof Inn Expansion
DATE: December 20, 1988
PURPOSE: The purpose of this item is to inform P&Z about
planning for the Red Roof Inn property and receive P&Z's input
regarding concept plan sketches, which will be presented at the
meeting, and a compressed review process. The Housing Authority
has hired planning and design consultants to bring the project
through the process, but before work begins on this City project
staff wanted to hear P&Z's concerns about the site.
The staff and the consultants have developed a preliminary list
of planning parameters for the site. Based upon these parameters
staff and the consultants have developed a series of concept
sketches. These sketches will be available at the meeting.
Parameters
o Housing for seasonal and MAA students.-
0 Expand the existing 50 room structure so that the
entire facility houses 200 - 250 people.
o Do not compromise other community facilities, golf
course or nordic system. The site plan should be done
in such as way that residents are not forced onto the
golf course property for leisure activities, i.e.,
cookout, sunbathing, etc.
o Provide adequate parking, but do not over build, (see
attachment). A parking survey conducted during
December, 1988, at the Red Roof Inn found that the
ratio of cars to residents is about .6:1.
o Provide free transit that operates during the hours
that these people need transit: for work and
entertainment.
o The site plan should hide, as much as possible, new
construction from the highway corridor.
REQUEST:The staff has two requests. First, staff requests that
P&Z' brainstorm with us about this City project (planning
parameters and sketches) so that the Housing Authority and the
consultants can develop workable plans from a community as well
as a housing point of view.
Second, staff requests that P&Z consider a compressed review
process for this public project. Currently, staff finds that the
Public zone is the most appropriate zone for this parcel due to
the variety of potential community uses which can be located on
this site. This means that the applicant will be requesting an
Exemption from Growth Management for Affordable Housing and a
rezoning from Park with Golf Course Support Overlay to Public
(PUD). Currently, the Planning Office is processing a code
amendment to allow employee housing in the Public zone. The
Public zone is a mandatory PUD which is a four step process.
Staff would like P&Z to consider consolidating the four -step PUD
process into two steps, thereby, making the entire process a two-
step review, with public hearings occurring before both P&Z and
City Council.
Staff finds that this consolidation is appropriate due to the
pressing need for affordable housing for seasonal employees and
MAA students. Sec. 6-205 (B) of the Municipal Code states:
Modification of Review Procedures. In the event that
an applicant believes that the previously listed review
procedures do not directly address the development
being contemplated, or that there are other unusual
circumstances, the applicant may, pursuant to Article
11 of this chapter, request an interpretation by the
Planning Director as to the appropriate review
procedures for the proposed development.
The following are discussion points which the P&Z should
consider when deciding whether or not to apply this section of
the code and compress the review process.
o The voters approved the expansion of the Red Roof Inn
for affordable housing in August, 1988.
o Due to litigation on. the Marolt-Thomas parcel the Red
Roof Inn is the only City project likely to be
undertaken in 1989.
o The Golf Course was purchased to avoid residential
development of this parcel and any development of this
parcel has always been controversial.
o The Snowbunny neighborhood, golf course users and open
space activists will be concerned that the City
adequately review this proposal and any change in the
review process which is not authorized by the code will
likely result in legal action which could delay the
project through the next construction season.
2
We hope that by having this pre -application conference with you,
we can expedite the project's review process.
3
PARKING NEEDS ANALYSIS
RED ROOF INN AFFORDABLE HOUSING DEVELOPMENT
Assumptions
o Residents will be primarily seasonal employees in the
winter and MAA students in the summer.
o Total number of residents: 200-250.
o Existing golf course/nordic skiing parking lot capacity
is 155 cars.
o Utilization of golf course/nordic skiing parking lot:
winter < 50%; summer > 80%.
o Because winter utilization of the parking lot is low,
80 spaces would be available to help meet the parkin
demand generated by the residential development. g
o If the MAA houses it younger, non -driving age students
at the Red Roof Inn, then summer parking demand is
reduced to practically zero.
o Ratio of cars to residents: .6:1.
Parking Need for Development of 200 Residents.
40 on -site spaces are needed if MAA houses' non -driving age
students at Red Roof Inn.
120 on -site spaces are needed if MAA houses driving age
students or staff at the Red Roof Inn.
Parking Need for Development of 250 Residents.
70 on -site spaces are needed if MAA houses non -driving age
students at Red Roof Inn..
150 on -site spaces are needed if MAA houses driving age
students or staff at the Red Roof Inn.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Cindy Houben, Planning Office
RE: Conflict of Interest/Recommended Code Revisions
DATE: December 20,, 1988
BACKGROUND: Attached you will find a recommended
of Article revised copy 4 of the land use code including a section dealing
with "Conflict of Interest" Issues."
STAFF COMMENTS: Two issues are providing us the opportunity to
amend the Decisionmaking Bodies section of the Code; Article 4.
First! the "Conflict of Interest" issue has become a primary
interest with Council, who has directed all five city board
commissions to respond. Staff has reviewed the Division s and
4 of
the Code and is recommending changes accordingly. Secondly,
"Correction Ordinance'.' forthe
the revised land use code is being
prepared by the Planning Director. The commitment was made in
May to return after six months of working with the revised code
to correct any problems which may have been discovered during
that time.
Staff has taken the language from Division 4, ' Sections 4-201
through 4-203 underlining n" bolding any new recommended
language currently not found within the code. these recommended changes carefully. Please review
YOU C
ill notice that we
have left a blank for the number Of times a mmission member can
appear before the Planning - Commission (see age Other bodies such ' as 4-4 item B) .
appearances ' the HPC have limited pthemselve
before s to two
their Commission per year.
that the -Planning Commission should determine the The staff feels
number Of times
based on your experience. In addition the staff has recommended
that the Planning Commission be comprised of no more th50%
professionals .1 working in a land use related field. oncean again
this is a percentage the Planning Commission may elect to change.
We have merely suggested 50% to provide a well balanced cross
section in the community.
RECOMMENDATION: The Planning Office recommends that the
Planning and Zoning Commission aAspen
pprove the atta
the Land Use Code, Sections 4-201 through 4-203.ched amendments to
Pzmemo.revise
DIVISION 2: P KING AND ZONING COMMISSION.
Sec. 4-201. Powers and duties.
In addition to any authority granted the Planning and Zoning
Commission (hereinafter "Commission")Colorado,
b
Municipal Code of the City of Aspen,Co orado state
ethe law Commi mthe
shall have the following powers and duties: ssion
A. To initiate amendments to the text of this chapter
under Art. 7, Div. 11; ,
B. To review and make recommendations of approval or
disapproval of amendments to the text of this chapter
under Art. 7, Div. 11; ,
C. To initiate amendments to the Official Zone District
Map, under Art. 71 Div. 11;
D. To review and make recommendations of approval,
approval with conditions, or disapproval to the City
i
Council n regard to amendments of the Official Zone
District Map, under Art. 7, Div. 11;
E. To review and make recommendations of approval,
approval with conditions, or disapproval to the City
Council on a Conceptual Development Plan and Final
Development Plan for Planned Unit Development (PU,
under Art. 7, Div. 9; D)
F. To review and make recommendations of approval,
approval with conditions, or disapproval to the City
Council on adoption of a Conceptual Development Plan
and Final Development Plan for Specially Planned Areas
(SPA), under Art. 7, Div. 8;
G. To hear and make recommendations of approval, approval
with conditions, or disapproval of the designation of
an H, Historic Overlay District or Historic Landmark to
the City Council, under Art. 7, Div. 7;
H. To review, score, and recommend allotments for residen-
tial, office and commercial, and lodge pursuant to
Growth Management Quota System (GMQS), under Art. 8;
I• To make determinations of exemptions from the Growth
Management Quota System (GMQS), under Art. 8;
J. To hear, review and recommend approval, approval with
conditions, or disapproval of a Plat for subdivision,
under Art. 7, Div. 10,
K. To hear and approve, approve with conditions,
disapprove conditional uses under Art. 7, Div. 3; or
L• To hear and approve, approve with conditions or
disapprove development subject to Special Review un
Art. 7, Div. 4; , der
M. To hear and approve, approve with conditions or
disapprove development in Environmentally Sensitive
Areas (ESA), under Art. 71 Div. 5;
N. To make its special knowledge and expertise available
upon reasonable written request and authorization of
the City Council to any official, Department, Board
commission or agency of the City of Aspen, Pitkin
and
County, State of Colorado, or the federal government;
0. To adopt such rules of procedure necessary for the
administration of its responsibilities not inconsistent
With this chapter.
Sec. 4-202. Qualifications for membershi
A. Members of the Commission shall be qualified electors
in the City of Aspen and have been residents of the
City for least two (2) years prior to appointment
member of the City Council, the Mayor, aCity employeeNo
or any appointed City official shall serve he
Commission. In the event that any member is no longer
a qualified elector or is convicted of -a felony or an
offense involving moral turpitude while in office, the
City Council shall terminate the appointment of such
person as a member of the Commission.
B. The Commission shall be comPosed of both rofessional
and la members all of whom have demonstrated
interest knowled e or trainin in fields closel
related to land use issues architecture landsca e
architecture lannin buiidin trades real estate or
law. Information onpthe credentials of the commission
members must be kept on file and available to th
ubliC. e
C. No more than 50% of the Commission members shall be
professionals in land use related disci lines such as
architecture., landsca a architecture
building trades, real estate or law. lannin
Sec. 4-203. Membershi a ointment removal terms and vac Gies. A. The Commission shall be composed of seven (7) members
and shall be appointed by the City Council. The City
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Council shall also appoint one (1) alternate member to
the Commission for a term of two
alternate member shall vote only in t ( )absence. of
The
(1) or more regular members, one
resigns, the alternate member hall automatiregulac member
appointed as a regular member in replacement. cally be
B. Members of the Commission shall serve ni rsuant to
Ordinance 50 Series of 1979 the Conflict of Inter
ordinance. Additionall est
man member or associate of
the ember's firm brin in business before the
Commission shall ive written thnotice of the interest to
e Chairman throw h staff as soon as reasona
Possible after the interest has blarisen. That member
shall thereafter not discuss the matter wit another of the Commission. Additionall the n projects an member mumber of
a brin before the Commission is
limited to in an iven twelve 12 month timeperiod-,
C. All members serve at the pleasure of the City Council
and may be removed for cause prior to the expiration of
their appointment by a majority vote of the Cit
Council. Members shall be compensated as determined by
the City Council. Y
D All members shall serve a term of four (4) years. There
shall be no restraint on the number of terms any member
of the Commission may serve.
E. When a member or alternate member is appointed to fill
out the term of a departing member or alternate member
that person's term shall end at the time the departing
person's term would have ended. g
F. At the second regular meeting in June, the members o
the Commission shall elect one (1) of their members as
Chairperson and one (1) as Vice -Chairperson. In t
he
absence of the Chairperson the Vice -Chairperson shall
act as Chairperson and shall have all powers of the
Chairperson. The Chairperson shall be elected for o
(1) year and shall be eligible for re-election. ne
G. The Chairperson of any meeting of the Commission shall
administer oaths, shall be in charge of all proceedings
before the Commission, and shall take such action as
shall be necessary to preserve order and the inte rit
of all proceedings before the Commission. g Y
H. The Secretary of the Commission shall be the City Clerk
or the City Clerk's designee. The Secretary shall keep
the minutes, shall mail notices of regular meetings and
special meetings, and maintain the files of all
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code
special meetings, and maintain the files of all
studies, plans, reports, recommendations and develop-
ment decisions by the Commission.
Any member of the Commission who has four (4) or more
absences from regular meetings during the calendar year
may subject to removal by the City Council.
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