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HomeMy WebLinkAboutcoa.lu.ca.Kraut AH.A44-94 iI"''''" ,.-; CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 06/07/94 DATE COMPLETE: PARCEL ID AND CASE NO. 2737-182-27-002 A44-94 STAFF MEMBER: LL Housina Code Amendments PROJECT NAME: Kraut Affordable project Address: Legal Address: APPLICANT: Applicant Address: REPRESENTATIVE: Jim curtis Representative Address/Phone: 117 South Monarch Aspen, CO 81611 920-1395 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ $ $ $ $ # APPS RECEIVED # PLATS RECEIVED TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP:--K- P&Z Meeting Date ~\J""" J a PUBLIC HEARINGQ NO ~VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center DATE REFERRED: INITIALS: DUE: ;~~~Z=;~~;~~;7================~~;;=;~~;;~7~~~1~~~~;~~Z~~), ___ City Atty City Engineer ~Zoning Env Health ___ Housing ___ Open Space ~~ Other: FILE STATUS AND LOCATION: i,r;,.j .':!J ~_~ ~~, ~O ~"", I ~Ct, /J U2,,' .-1) Cti))"'~' , tJ () ~ '-1 '-^--" ,d/ I U i~..... C~ '-"0''-_1. C~'- ((Z ~f~.' ~ ~" h'-tLJtt \I. ,.".....,., ~" MEMORANDUM TO: Mayor and council THRU: Amy Margerum, City Manager FROM: Leslie Lamont, Deputy Planning Director DATE: September 12, 1994 RE: Text Amendment - Architectural proj ections Reading, Ordinance 43, Series of 1994 Second ==============================================================~== SUMMARY: The Planning Department is proposing to amend the text of the Land Use Code for the definitions of Yard and, Ars~itectural Projection. ~ The Planning and Zoning Commission reviewed the proposed text amendments and recommends to Council approval of the amendments. Council approved Ordinance 43, Series of 1994, on first reading at the August 22, 1994 meeting. BACKGROUND: During the design and review of the Kraut affordable hOUSing~al' the architects proposed "building eaves" that proj ecte 8'" nto the required yards which is allowed by the Code. However, th oning Department defines the proposed projections as "architectural projections" because they do not serve as a protective function against rain and snow as building eaves are intended to do. Architectural projections are only allowed to extend 12" into required yards. The Kraut development team considered moving the building 6" but because of the below grade parking structure and "key" dimensions of the building that solution became unrealistic. Next, the Kraut development team conferred with the HPC (as recommended by the Planning Director) whether architectural projections could extend up to 18" without creating site design or code problems. HPC agreed with the Kraut developers, and staff, that an additional 6" would not only enhance a building's pedestrian scale and help break up the massing ofa building but is also not a significant change to the Code. HPC did caution that the projections should not extend to the ground which would increase a structures site coverage. STAFF COMMENTS: Pursuant to section 7-1102 the standards of review for an amendment to Chapter 24 are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: Currently building eaves are allowed to extend 18" into required yards. The proposed amendment is not only consistent with ".,-. r-\ that language but would end the definitional debate between building eaves and architectural projections. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan both encourage buildings that are pedestrian friendly in scale. Architectural projections are intended to help achieve a better appearance of the scale of the building. c. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment would affect all zone districts. d. The effect of the proposed amendment on traffic generation and road safety. Response: N/A e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: N/A f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed amendment is consistent with the allowed projection of building eaves whose primary function is to protect buildings from rain and snow. The amendment would not affect the natural environment. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: As stated above, the Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan encourage elements of design that create pedestrian friendly buildings. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. 2 ("". r-\ Response: N/A i. 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 amendment is consistent with established public policy to attempt to clarify the Land Use Code and eliminate discrepancies. PROPOSED AMENDMENT: Section 24-3-101 defines: Architectural projections (as) a non-functional or ornamental feature on a building. section 24-3-101 defines: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural Projections - Twelve (12) inches; The proposed amendment is as follows: Section 24-3-101 defined as: ? Architectural projections mean a non-functional or ornamental feature on a building that does not extend to the ground. section 24-3-101 defined as: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; - ~ 2. Archi tectural proj ections - 'F,,,e.l VC (12) il'lel1.cB i ~ Eighteen (18) inches; RECOMMENDATION: The Commission recommends approval of the text amendment to increase architectural projections from 12" to 18" and to amend the definition of the architectural projection to prevent their extension down to the ground. RECOMMENDED MOTION: "I move to adopt Ordinance 43, Series of 1994 amending Chapter 24, section 3-101; definition of architectural projections, and increasing the allowed projection of those features from 12" to 18"." CITY MANAGER'S COMMENTS: Ordinance 43, Series of 1994 3 I""" ,,-., @) THE ASrEN TIMES ... BoxE Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO) ) 55. County of Pitkin ) I, Loren Jenkins do solemnly swear that I am the Publisher of THE ASPEN TIMES: that the same is a week- ly newspaper printed, in, whole or in part, and published in the County of Pitkin, State of Colorado, and has a gen- eral circulation therein; that said newspaper has been published continuously and uninterruptedly in said County otPitkin, for a period of more than fifty-two con- secutive weeks next prior to the .first publicatio!1 of the annexed legal notice or advertisement; that said newspa- per has been admitted to the Uqiled States mails as sec- ond class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a a weekly newspaper duly qualified for publish- ing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was pub- lished in the regular and entire issue of every number of said weekly newspaper for the period of .J...:....- consecu- tive insertions; and that the first publication of said notice waR in the issue of said 'newspaper dated lt~ :J...c" A.D., 19 "\ ~ and that the last pub- lication 'b~ said notice was in the issue of said newspaper dated tp.:C :l.b A.D., 19 ~~ . e~ ,. Subscribed and sworn to before me, a nota.ry public in and for the County, of Pitkin, State of Colorado, on this ~Io day of &b "' A. ., 9 . ,,/ ' "- No ary Public My commission expires Copy of Notice ORDINANCE No,.f,3 (SERIES OF 1994) AN ORDINANCE OF THE CITY COUNCIL OF 'nfE crrv OF ASPEN. AMENDING CHAPTER' 24 OF ntE MUNICIPAL CODE. lJ\ND USE REGULA- ...nONS. BY AMENDING SECTION 24-3-101 TO ALLOW ARCHITEctuRAL PROJECTIONS TO EXTEND E16HTEEN INCHES INTO REQUIRED . YARDS AND TO AMEND THE OEFINmON OF . ARCHlTECnJRAL PROJECTIONS . :~WHEREAS. Section 24-1-1103 of the Munidpal Code proVides that amendments to Chapter 24 of the Code. to wit, ~Land Use Regulations", shall be reviewed and recommended fOt' approval by the Planning DirectOr and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or dISapproved by the City Coundl at public hearing: and WHEREAS. the Planning Director did receive u:,appUcation requesting a text amendment and has reviewed and recommended lor ,.-approval the amendment to Chapter 24 associ- :,ated with architectural projections Into roqul'" yonIs; "'" WHEREAS., the Planning and Zoning Commfs.. sian reviewed the proposal and did conduct a .:pubIk hearing thereon on August 2. 1994; and WHEREAS. upon review and consideration of the text amendment, agency and public corn- ment thereon. and those appUcable standards u contained In Chapter 24 of the Municipal Code. to wit, Division 11 01 Article 7 (Text ,.,Amendments). the Planning and Zoning Com- _.lJlISs1on has recommended approval of the text .amendment recommended by the Planning .~,OIrector pursuant to procedure as authorized by Section 24-6-205 (A)(5) oj the Municipal CocIe;and . .c WHEREAS. the Aspen City Council has reviewed and considered the text amendments "'; ~ theappHcable provisions 01 the. . ~ 'Municipal Code as identified herein. 'bas '. reviewed and considered those recommenda- :'"tklns and approvals as granted by the Planning ~. and Zoning CommiSsion. and has taken and 4,. considered publlcc:omment at pubUc hearing; .ond ; WHEREAS. the City Council finds that the text :~'amendments meet or exceed all applicable .._~opment standards and are consistent with .o;;tbe goals and. elements of the Aspen Area Com- . Jllunlty Plan; and _r WHEREAS. the City CouncIl finds that this Ordinance furthers and Is necessary lor public health. safety. and wel.fare: and ,:' WHEREAS. the City Council finds that the pro- . posed text amendments will allow and promote compatibility of zone districts and land uses with edsttng land uses and neighborhood c:haracteJ1s.. , tICS and will be consistent with the purposes' and Intent of Chapter 24 of the Munldpal Code. . NOW THEREFORE BE IT ORDAINED BY TIlE . CITY COUNCIL OF THE CITY OF ASPEN COL~ ORAoo: , SectIon 1: Pursuant to Section 24-7-1102 of the , MuniCipal Code. the CJty Council finds as (01- 'tows In regard to the text amendment: I'. The proposed text amendment as set forth ':In the'P1an Is not In conDlct with the provisions 01 Chapter 24 of the Municipal Code or the Aspen Area.Commurilty Plan. . 2., The proposed text amendment Is c:ompaU. ble with the surrounding ZOf)e districts and land uses. . .3. The proposed text amendment will pro-- .mote the public Interest and character of the '.City oj Aspen. .. Section 2: Sect10n 3-101 of Chapter 24 oj the Municipal Code of the City of Aspen, Colorado. IS hereby amended, which new text shaJl read II lollows: ." .. .... .. .n. ~" ~ ,.".....,., r'\, Vie MEMORANDUM TO: Mayor and Council FROM: Amy Margerum, city Manager Leslie Lamont, Interim Planning Director THRU: DATE: August 22, 1994 RE: Text Amendment Architectural Projections Reading, ordinanc~, Series of 1994 (Consent First Agenda) ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Department is proposing to amend the text of the Land Use Code for the definitions of Yard and Architectural Projection. The Planning and Zoning commission reviewed the proposed text amendments and recommends to Council approval of the amendments. BACKGROUND: During the design and review of the Kraut affordable housing proposal, the architects proposed "building eaves" that projected 18" into the required yards which is allowed by the Code. However, the Zoning Department defines the proposed projections as "architectural projections" because they do not serve as a protective function against rain and snow as building eaves are intended to do. Architectural projections are only allowed to extend 12" into required yards. The Kraut development team considered moving the building 6" but because of the below grade parking structure and "key" dimensions of the building that solution became unrealistic. Next, the Kraut development team conferred with the HPC (as recommended by the Planning Director) whether architectural projections could extend up to 18" without creating site design or code problems. HPC agreed with the Kraut developers, and staff, that an additional 6" would not only enhance a building's pedestrian scale and help break up the massing of a building but is also not a significant change to the Code. HPC did caution that the projections should not extend to the ground which would increase a structures si te coverage. STAFF COMMENTS: Pursuant to section 7-1102 the standards of review for an amendment to Chapter 24 are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: Currently building eaves are allowed to required yards. The proposed amendment is not only that language but would end the definitional building eaves and architectural projections. extend 18" into consistent with debate between (I (I b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan both encourage buildings that are pedestrian friendly in scale. Architectural projections are intended to help achieve a better appearance of the scale of the building. c. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment would affect all zone districts. d. The effect of the proposed amendment on traffic generation and road safety. Response: N/A e. Whether and the extent to which the proposed amendment would result in demands on pUblic facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: N/A f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed amendment is consistent with the allowed projection of building eaves whose primary function is to protect buildings from rain and snow. The amendment would not affect the natural environment. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: As stated above, the Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan encourage elements of design that create pedestrian friendly buildings. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: N/A 2 ,-. ,~ i. 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 amendment is consistent with established public policy to attempt to clarify the Land Use Code and eliminate discrepancies. PROPOSED AMENDMENT: section 24-3-101 defines: Architectural projections (as) a non-functional or ornamental feature on a building. section 24-3-101 defines: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural projections - Twelve (12) inches; The proposed amendment is as follows: section 24-3-101 defined as: Architectural projections mean a non-functional or ornamental feature on a building that does not extend to the ground. Section 24-3-101 defined as: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural Projections - Twelve (12) iasfissj Eighteen (18) inches; RECOMMENDATION: The Commission recommends approval of the text amendment to increase architectural projections from 12" to 18" and to amend the definition of the architectural projection to prevent their extension down to the ground. RECOMMENDED MOTION: "I move read Ordinance 1(3' Series of 1994 recommending the text amendments to the definit10n of architectural projections and to increase the allowed projection of those features from 12" to 18"." "I move to approve ordinance{3, Series of 1994 on first reading." CITY MANAGER'S COMMENTS: ordinance~, Series of 1994 3 ,.".....,., " /'"" MEMORANDUM TO: Aspen Planning and Zoning commission FROM: Leslie Lamont, Senior Planner DATE: August 2, 1994 Text Amendment - Architectural Projections Hearing Public RE: ----------------------------------------------------------------- ----------------------------------------------------------------- SOKMARY: The Planning Department is proposing to amend the text of the Land Use Code for the definitions of Yard and Architectural Projection. APPLICANT: City of Aspen BACKGROUND: During the design and review of the Kraut affordable housing proposal, the architects proposed "building eaves" that projected 18" into the required yards which is allowed by the Code. However, the Zoning Department defines the proposed projections as "architectural projections" because they do not serve as a protective function against rain and snow as building eaves are intended to do. Architectural projections are only allowed to extend 12" into required yards. The Kraut d,evelopment team considered moving the building 6" but because of the below grade parking structure and "key" dimensions of the building that solution became unrealistic. Next, the Kraut d,evelopment team conferred with the HPC (as recommended by the Planning Director) whether architectural projections could extend up to 18" without creating site design or code problems. HPC agreed with the Kraut developers, and staff, that an additional 6" would not only enhance a building's pedestrian scale and help break up the massing of a building but is also not a significant change to the Code. HPC did caution that the projections should not extend to the ground which would increase a structures site coverage. STAFF COMKENTS: Pursuant to Section 7-1102 the standards of review for an amendment to Chapter 24 are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: Currently building eaves are allowed to required, yards. The proposed amendment is not only that language but would end the definitional building eaves and architectural projections. extend 18" into consistent with debate between b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. \ r".. r""""" Response: The Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan both encourage buildings that are pedestrian friendly in scale. Architectural projections are intended to help achieve a better appearance of the scale of the building. c. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment would affect all zone districts. d. The effect of the proposed amendment, on traffic generation and road safety. Response: N/A e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: N/A f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed amendment is consistent with the allowed projection of building eaves whose primary function is to protect buildings from rain and snow. The amendment would not affect the natural environment. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: As stated above, the Neighborhood Character Guidelines and the Design Quality and Historic Preservation Action Plan encourage elements of design that create pedestrian friendly buildings. h. Whether there have been changed conditions affecting the subject parcel or the surroundin9 neighborhood which support the proposed amendment. Response: N/A 2 1)/ r'\ ,~ i. 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 amendment is consistent with established public policy to attempt to clarify the Land Use Code and eliminate discrepancies. PROPOSBD AMENDMENT: section 24-3-101 defines: Architectural projections (as) a non-functional or ornamental feature on a building. Section 24-3-101 defines: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural Projections - Twelve (12) inches; The proposed amendment is as follows: section 24-3-101 defined as: Architectural projections mean a non-functional or ornamental feature on a building that does not extend to the ground. section 24-3-101 defined as: A. Projections into required yards. 1. Building eaves - Eighteen (18) inches; 2. Architectural Projections - ~wclvc (12) iHehc3; Eighteen (18) inches; RBCOMHEHDATION: Staff recommends approval of the text amendment to increase architectural projections from 12" to 18" and to amend the definition of the architectural projection to prevent their extension down to the ground. RBCOMMENDED MOTION: "I move to recommend to Council the text amendments to the definition of architectural projections and to increase the allowed projection of those features from 12" to 18". 3 11 ~ ~ ~0 PUBLIC, NOTICE RE: AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE NOTICE IS HEREBY GIVEN that a pUblic hearing will be held on Tuesday, August 2, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, Colorado, amending City of ASJ;len Municipal Code S~ction 24-3-~01 to permit architectural projections to extend 18 inches into the required yard setback. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, Colorado 920-5101 s/Bruce Kerr. Chairman Planninq and Zoninq Commission Published in the Aspen Times on July 15, 1994 ========================================================~======== City of Aspen Account .......... '-C", ,.".....,., ,--', CURTIS '&?ASSOCIATES May 23, 1994 Ms. Amy Amidon Ms. Leslie Lamont Aspen Planning Office 130 S. Galena Street Aspen, Colorado 81611 Re: Requested Code Amendments For Architectural Projections Kraut Affordable Housing Project Dear Amy and Leslie, To facilitate a better architectural design for the Kraut Affordable Housing Project, I would like to request the following Code Amendments to permit the architectural projections (eaves) proposed for the project to extend 18" into the yard setback vs. the 12" currently permitted by the Code. The Code Amendments would be under Section 3-101, "Definitions" as follows: 1. Under definition for "Yard", page 1593. A. Current Code Language: Projections into required yards. Yards shall be unobstructed from the ground to the sky except for the following allowed projections: 1) Architectural Projections - Twelve (12) inches Amended To - Eighteen (18) inches 2. Under definition for "Architectural Projection", page 1577. A. Current Code Language: Architectural projection means a non- functional or ornamental feature on a building. B. Proposed Code Amendment: Architectural projection means anon-functional or ornamental feature of a building that does not extend to the ground. The proposed Code Amendments were reviewed by the Historic Preservation Committee on February 9, 1994 and the HPC voted in favor of the Code Amendments. 117 South Monarch Street Aspen, Colorado 81611 303/920-1395 .. .~ 1"""\ ,-, Ms. Amy Amidon Ms. Leslie Lamont Aspen Planning Office Requested Code Amendments Kraut Affordable Housing Project Page 2 I feel these amendments are basically a clean-up and clarification of the Code and do no change any policies of the Code. I feel these amendments would benefit all projects for the following reasons: 1. Allowing slightly more flexibility (6") in architectural projections is felt to be consistent with the "Neighborhood Character Guidelines" of the HPC and the "Design Quality and Historic Preservation Action Plan" of the Aspen Area Community Plan. Both plans encourage buildings with a pedestrian friendly scale. With the Kraut example, the architectural projection is intended to break the scale of the building and make it more pedestrian friendly to the street: 2. In the Code, there is no clear definitional distinction between an architectural projection and a building eave. A building eave can already extend 18" into the setback by Code. At least in the Kraut example, we feel they are one and the same, but the Zoning/Building Department feels a building eave must be associated with a building roofline even though the Kraut architectural projections (eaves) provides snow and drip line protection to the windows. Having both architectural projections and building eaves extend 18" into the setback would eliminate any definitional debates. 3. The 18" projection into the setback is significantly less than other setback projections currently permitted by the Code. Balconies may project into the setback 4 feet by Code. Regarding Kraut, the obvious question is why not simply move the buildings back 6". We've looked at doing this, but because of some of the key building dimensions, and the dimensions between the buildings and the parking structure, simply moving the buildings back 6" is not an easy task. More importantly, I feel the Code Amendments are beneficial to all projects, for the reasons stated. I will illustrate the proposed Code Amendments with the Kraut model at the appropriate public meetings. Thank you for your consideration of this matter. Please feel free to call on any questions. Sincerely, JIIM Cv~ im Curtis aut Property Manager cc: Joede Schoeberlin, Harry Teague Architects