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HomeMy WebLinkAboutcoa.lu.pu.Aspen Mountain 622 S Galena.A3-97,/DATE RECEIVED: DATE COMPLETE: PARCEL ID # CAS>0'AD SUMMARY SHEET - CITY CIOSPEN 1/9/97 2737 - 182 -90- CASE # A3 -97 STAFF: Stan.Clauson PROJECT NAME: 622 S. Galena Insubstantial Amendment to the Aspen Mtn. P.U.D. Project Address: 622 S. Galena St. Aspen APPLICANT: Charlene Gondekk Address/Phone: 628 S. Galena St. Aspen, Co. 81611 REPRESENTATIVE: Joe Wells Address/Phone: 602 Midland Park Place 925 -8080 RESPONSIBLE PARTY: Applicant Other Name /Address: FEES DUE FEES RECEIVED PLANNING $450 PLANNING $450. # APPS RECEIVED 1 ENGINEER $0 ENGINEER $ # PLATS RECEIVED 1 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $450. TOTAL RCVD $450. Staff Approval REFERRALS: ❑ City Attorney ❑ City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks .. ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board . ❑ Other: INITIALS: APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book -,Page MEMORANDUM TO: Stan Clauson, City Community Development Director FROM: Sara Thomas, Zoning Officer RE: Insubstantial Amendment to the Aspen Mountain PUD to allow for enclosure of the entryway in Unit 44 of the Galena Place Townhomes, located at 622 S. Galena Street. DATE: January 21, 1997 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The owner of Galena Place Unit #4 wishes to amend the Aspen Mountain PUD so that the entryway into their unit can be enclosed for safety and privacy purposes. The existing covered entryway is a T- shaped subgrade space that is enclosed on three sides. The applicant proposes to move the existing entry door out to the line of the west facade and enclose the remaining openings on either side of the new door location. FINDINGS: The Galena Place Townhomes were approved as part 'of the First Amended Aspen Mountain PUD in October, 1988. The amended PUD states that Galena Place is to be comprised of 4 three- bedroom residential units containing an aggregate of not more than 12,000 square feet of floor area. Staff has reviewed the building permit file for this project and finds that the entryway areas for the buildings were included in the original floor area calculations. Therefore, staff concludes that enclosing the entryway area will not increase the existing floor area of the structures. Section 26.84.080 of the Aspen Municipal Land Use Code states that: A. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand' for public facilities. 4. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) percent of the off - street parking and loading space. 6..A reduction in required pavement widths or rights -of -way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. Staff has reviewed the proposed plans for the entryway enclosure of Galena Place Townhome Unit #4 and finds that the above criteria have been satisfied. RECOMMENDATION: Staff recommends that the Community Development Director approve the insubstantial amendment to the Aspen Mountain PUD for the enclosure of the entryway of Galena Place Townhomes Unit # 4, finding that the criteria in Section 26.84.070 (A) have been met. I hereby approve the Insubstantial Amendment for the Aspen Mountain PUD for the enclosure of the entryway for Unit # 4 of the Galena Place Townhomes as represented in the attached application documents. Stan 'Cl'auson,'eify 6ommunity Development Dgi(%f r199 ,,,Date QJQ%W o r. 3 196 Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.925.8275 December 30, 1996 Mr. Stan Clauson, Director City of Aspen Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Dear Stan: Some time ago, I had an initial discussion with Dave Michaelson regarding a client who owns one of the four townhouses at Galena Place, a project within the Aspen Mountain PUD. The client's unit has an awkward entry situation and I was discussing with Dave, as the staff person in charge of the continuing reviews of projects within the PUD, about the possibility of dealing with the situation through an Insubstantial Amendment procedure. Shortly thereafter, Dave announced that he was resigning, so I did not pursue the subject for a while. Circumstances changed several weeks ago when this unit was broken into by someone (subsequently arrested) who took advantage of the virtually undetectable location of the deeply recessed lower -level entry area to break into the unit by breaking out a window in the recessed entry wall. The location where the break -in occurred, with walls on three sides and only the small opening in question on the west side, is totally screened from view from both surrounding properties as well as the street. My client realized after the break -in occurred that when the unit is unoccupied (the owner was out of town at the time), an intruder could only be discovered by someone approaching the entryway along the entry walk (a remote possibility when the owner is away). Perhaps if someone walked from the edge of the sidewalk. to the retaining wall and then stooped down to look underneath the overhanging deck into the lower -level entry area, they might also be able to see an intruder, but that seems equally unlikely to occur. Once I was notified of the break -in, I contacted Dave at his new office to see if he would be available to review an Insubstantial Amendment request if you would authorize him to do so. My thought was that he would still be a good choice, since he is probably the person most familiar with the approvals in the PUD. He said that he wouldn't mind handling the review, but suggested that he should discuss it with you first. I haven't heard back from Dave, so I thought that I should discuss the situation with you directly to see how you think we should proceed. e +t r� y December 30, 1996 Mr. Stan Clauson, Director Page two The enclosure of the opening in the west facade clearly is in compliance with the first eight of nine standards for an Insubstantial Amendment. It is somewhat less clear, given the current Code definitions, whether the proposal is a "change which ... requires granting a further variation from the project's approved ... dimensional requirements" which, if so, would make it not eligible. I am forwarding a draft of information required for an Insubstantial Amendment request. I have also included my arguments as to why the entry area should already be counted in FAR under present rules so that you can look the information over to see what you think. Let me know if you think that the circumstances would permit this request to be considered under the Insubstantial Amendment procedures. oseph Wells, AICP JW /su Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.925.8275 December 30, 1996 Mr. Stan Clauson, Director City of Aspen Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Dear Stan: I have a client who owns one of the four townhouses at Galena Place, one of the completed projects within the Aspen Mountain PUD. These residences are three -level units in a duplex configuration, with the pedestrian entrance for each unit on the lower level. My client owns the southernmost unit and, as a result of topography, the entry level for his unit is approximately 74 percent below natural grade on the street side. These four units were designed as detached blocks of two units each with few penetrations in the facades as they extend down to finished grade. In fact, the only opening in any of the surrounding walls at the entry level of my client's unit is the T- shaped opening of less than 90 sq. ft. in the west facade. To enter the unit, one passes through this opening into a covered but unenclosed space to approach the recessed entry wall. Because this exterior entry court has a low ceiling and because of the proximity of the existing retaining wall along the entry walk (a 7 ft. - 6 in. high wall separated from the facade by only 16 ft.), the experience of entering the unit is not as pleasant as it could be. Debris from the street also has a tendency to collect in this exterior area, because of the enclosing walls at the south end of the walkway. When the architects originally designed the project, I don't believe that they were fully aware of the impact that the combination of the surrounding retaining walls and the limited extent of openings in the facade itself would have on the entry to this particular unit. My client has asked me to look into the possibility of moving the entry door out to the line of the facade and enclosing the remaining openings on either side of the new door location. This would have very little effect on the appearance of the unit, particularly when viewed from the street. With the possible exception of the final standard, which does not permit the Planning Director to sign off on a change which is "inconsistent with a condition or representation of the project's original approval or which requires a further variation from the project's approved dimensional requirements ", the enclosure of the opening in the west facade clearly complies with the standards for an insubstantial amendment under the provisions of Section 26.84.080 (A) of the Land Use Code, as discussed below. • . December 30, 1996 Mr. Stan Clauson, Director Page two An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director with the exception of the following changes: "1. A change in the use or character of the development." (No change is proposed). "2. An increase by greater than three (3) percent in the overall coverage of structures on the land." (No change is proposed). "3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities." (No change is proposed). "4. A reduction by greater than three (3) percent of the approved open space." (No change is proposed). "5. A reduction by greater than one (1) percent of the off - street parking and loading space." (No change is proposed). "6. A reduction in required pavement widths or rights -of -way for streets and easements." (No change is proposed). 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings." (Not applicable to the proposal). "8. An increase by greater than one (1) percent in the approved residential density of the development." (No change is proposed). "9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements." The proposed enclosure is not inconsistent with a condition or representation of the project's original approval and does not require granting a further variation from the uses approved for the project. The only issue is whether it requires granting a further variation from the project's approved dimensional requirements. This discussion is further limited only to the issue of external FAR floor area. The entry level of the unit is considered a "basement" under the Code definition ( "Basement means that portion of a structure fifty (50) percent or more of which is below natural grade. "). I believe that it is also the intent • • December 30, 1996 Mr. Stan Clauson, Director Page three under the current Code language to define the entry level as a floor which is partially subgrade. To determine the square footage of the entry level which should be counted in FAR calculations, it is therefore necessary to first perform "a calculation of the total volume of the story which is above and which is below grade ", to establish the percentage of the area of the story which shall be included in floor area calculations. This calculation "shall be made by determining the total percentage of the perimeter wall area of the story which is above natural or finished grade, whichever is lower, which shall be multiplied by the total floor area of the subject story, and the resulting total shall be that area which is included in the floor area calculation." The "worst- case" interpretation would be to define those areas outside the "interior" entry wall which are not presently enclosed, but inside the exterior walls of the unit, as currently being exempt from FAR calculations and to also define these areas once enclosed as counting completely in FAR calculations, subject to the language above regarding partially subgrade space. Therefore,, I have performed the required calculations in two different ways- first, by treating the "interior" entry wall as the exterior wall of the level (Alternative One) and secondly, by treating the perimeter wall of the building as the exterior wall (Alternative Two). It is difficult to know how the calculation should be performed under Alternative One, since the "interior" entry wall is being treated as the exterior wall of the level and there is an enclosed element outside of that wall. For the sake of discussion, I have calculated the volume of the level at the entry wall and have added the additional square footage of the exterior mechanical room to the total square footage of the level to determine the FAR square footage under that alternative. The conclusion of these calculations is that, under the worst -case interpretation, the enclosure of the entry area would increase the FAR square footage of the unit by 201 sq. ft., as indicated on the attached Table One. This is because more of the perimeter wall is partially subgrade when the perimeter walls are used for the calculation, so the percentage of the total square footage counting in FAR is less. An argument can certainly be made, however, that the space proposed to be enclosed should already be counted in FAR calculations under present rules and that therefore the enclosure has no effect on the FAR square footage of the unit. The current Code language strongly implies that when an area is covered and almost completely enclosed, it should be counted to some degree in FAR calculations. For instance, covered porches are exempt from FAR calculations, but the area proposed to be enclosed does not comply with the definition of a "porch" because it is not "open on at least two sides to the outdoors" ( "Porches are defined as uninsulated, • December 30, 1996 Mr. Stan Clauson, Director Page four unheated areas under a roof, bounded on at least one side by the exterior wall of a living space and open on at least two sides to the outdoors with or without screens. "). The entry area is therefore not exempt from inclusion in FAR calculations. Further, the opening in the west facade of the entry area is only approximately one third of the area of that wall and does not comply with the definition of a "loggia" because it is not "at least 50% open to the outdoors on one side" ( "Loggias are defined as an unheated area under a roof, over a living space, and at least 50% open to the outdoors on one side with or without screens. "). Therefore the entry area is not eligible to be calculated in FAR calculations at the reduced percentage of 0.5 FAR. It would be difficult to conclude, it seems to me, that an area which is even more enclosed than a "loggia" should not be counted in FAR at all. I think it is fair to say that the intent of limiting square footage through FAR restrictions is primarily two -fold. The first is to limit the mass of the structure as viewed by the public and the second is to limit the intensity of the use of the structure. I would suggest that, in this case, the enclosure of the covered entry area will have no effect on either of these two considerations. First, the existing opening provides no meaningful relief in the existing perimeter facade to passersby. Secondly, the unit will remain a three - bedroom unit, as originally approved. I am attaching photos and drawings of the unit to illustrate existing conditions. Let me know if you think the proposed enclosure of the single opening in the west facade of the lower level of the unit could be reviewed under the Insubstantial Amendment procedure. Sincerely, f / � Joseph Wells, AICP C/ 0 • TABLE ONE EXTERNAL FAR CALCULATIONS, GALENA PLACE UNIT NO. FOUR Second Floor Elevation: 104.63 Ft. Basement Elevation: 95.33 Ft. Floor to Floor Height: 9.30 Ft. Alternative One: Alternative Two: % of Area % Above Length Mr. Area of Above Fin. Grade of Wall to Mr. Wall Fin. Grade 1. Entry Facade 100.00% 50.25 9.30 467.33 467.33 2. South Facade 21.50% 16.17 9.30 150.38 32.33 3. East Facade 74.09% 33.00 9.30 306.90 227.38 4. North Facade 75.81% 38.75 9.30 360.38 273.20 1284.99 1000.24 (77.84 %) Existing Floor Area X % of Floor Above Fin Grade = FAR floor Area X 843.48 SF X 77.84% 857.17 SF = 656.56 SF Alternative Two: % of Area % Above Length Flr. Area of Above Fin. Grade of Wall to Mr. Wall Fin. Grade 1. West Facade 85.38% 29.00 9.30 269.70 230.27 2. South Facade 21.50% 55.08 9.30 512.24 110.13 3. East Facade 74.09% 33.00 9.30 306.90 227.38 4. North Facade 80.26% 47.50 9.30 441.75 354.55 1530.59 922.33 (60.26 %) Proposed Floor Area X % of Floor Above Fin Grade = FAR floor Area 1422.45 SF X 60.26% = 857.17 SF i WEST FACADE, LOOKING SOUTHEAST (UNIT TO THE RIGHT) WEST AND SOUTH FACADE, LOOKING NORTHEAST OPENING IN LOWER LEVEL OF WEST FACADE VIEWED FROM RETAINING WALL EAST FACADE RETAINING WALL LOOKING SOUTHWEST AT EAST AND SOUTH FACADE (UNIT TO THE LEFT) (LOOKING SOUTH) A Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Telephone: (970) 925 -8080 Facsimile: (970) 925 -8275 TRANSMITTAL Please deliver to:� "' From: Date: Number of pages: / (including transmitwl cover sheet) 1 —1111'71 Comments:oyGy `u?- r /iIJG�Le ovs �c J 6�z�& � hd � 1 Z'ozI(f aea A�'� �'6AL - jv'OL� d-z", -�' �� 5�4 Pr1�ACV`�•L.r PQ�K acceptance thereof in writing by the City. In addition to this warranty, the Owner shall, if they are available, obtain from its contractors .customary. warranties of good workmanship with the City as beneficiary, with respect to all improvements required by Paragraphs C(1),and C(2). It is the express understanding of the parties that the procedure set forth in Section M of this Agreement regarding non - compliance shall not be required with respect to the enforcement and implementation of the financial assurances set forth herein and required by Section 20 -16(c) of the Municipal Code. 4. Employee Housing - Summit Place. Owner has no employee housing obligations in connection with the Summit Place component of the Project. 5. On -Site Parking - Summit Place. Owner has no new on- site parking obligations in connection with the Summit Place component of the project. Owner shall, however, preserve or reconstruct six (6) sub - surface parking spaces beneath Lot 2. D. GALENA PLACE 1. Site Improvements - Galena Place. GGalena P1- ace- =sha -1 -1, ': -be0 compris.edrof 4 three= b6drdbm residential _ units -containing an , aggregate-of- not -more than-12;000 square feet of floor area, i included -in -- external FAR calculations as - shown on-the First Amended -1-Plat- .r_ ecorded - inn -Book - - at ' .Page :.:_'. et sea., of the records, each of the drawings and sheets pertaining to which is incorporated by reference as though fully annexed as an exhibit 31 574 ?AG E82'3 . to this First Amended PUD Agreement: Prior to the issuance of a Certificate of Occupancy for Galena Place, and as a condition precedent thereto, Owner shall and hereby agrees to accomplish the following Section 20 -16 improvements in the Galena Place area: (a) Owner shall construct a new sidewalk, curb and gutter along the easterly side of South Galena Street (as realigned) as it abuts Lot 4, Aspen Mountain Subdivision, and a new curb and gutter along the westerly side of South Galena Street (as realigned) as it abuts Lot 5, Aspen Mountain Sub- division, in accordance with the Landscape Plan as amended and pursuant to other normal City specifications. In addition, Owner shall repair or replace any other existing (or newly installed) sidewalks, curbs or gutters that may be damaged during construc- tion. (b) In the event it has not already done so, Owner shall relocate underground the aboveground utility line which presently exists along the Easterly boundary of Lot 4, Aspen Mountain Subdivision, in accordance with the Utility Plan as amended and "pursuant to other normal City specifications. 2. Landscaping Improvements - Galena Place. In accordance with Section 24 -8.16 of the Municipal Code, all required landscaping for Galena Place shall substantially conform to the Landscape Plan. Said Landscape Plan depicts and describes the nature, extent and location of all plant materials at mature sizes in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant 32