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Home My WebLink AboutLand Use Case.210 Midland Park Ave.0034.2005.ASLU /0.0# , \ -~ '" ) ""', City of Aspen Community Development Dept. CASE NUMBER 00342005,ASLU PARCEL ID NUMBER 2737-18-1-66-001 PROJECT ADDRESS 210 MIDLAND PARK AVE PLANNER JAMES LINDT CASE DESCRIPTION PUD AMENDMENT TO ALLOW SNYDER PARK CONDO OWNER, REPRESENTATIVE SARAH BROUGHTON DATE OF FINAL ACTION 12/2/2005 CLOSED BY Denise Driscoll \ # ,. J' 'i I Ele ~ &ecord ttavkJate FQrm Reports Format rab t!~ . j !PdlJe ~ .r 1l1l1~ti.....,.,1 :'~I II2I!!lfill~..iiEH.3~d..!i.,JiI<9E'.;)o.iJ~" " _ ~ ___-,--._____._._____..___1.__.__._._.__..__._._____._._.__.____~_____ L'?~ ltl ~_~ ~.J Rooli1o\iiotay I ~ I Subfemit. I \!akJation I I'I4lIcCommenl I Attocliment. I Mein I Royting Status I AichlEng I Parcel. I Cu.tom Fjeld. I Feel I Fee S"""""'l! I 8etiono I ~~ . Addr...I210 MIDLAND PARK AVE Ciy IASPEN Pennilriamaliorr'- ___un. -------------- - - 104..... Pemil I ~ Rooli1g Queue I.... Project I ~ Slatus lpendiro;j Deoaipion PUD AMENDMENT TO ALLOW SNYDER PARK CONDO OWNERS TO CONVERT EXISTING UNFINISHED BASEMENT SPACE IN ANY OF THE 91.BEDRDDM UNITS INTO A VARIETY OF USES. INCLUDING A BEDROOM AND BATHROOM Slbmitted ISARAH BROUGHTON C10ck IRumng Days ro r VIObIo on the web? PemitlD: I 34053 iiI Appied 105I05l2Offi ~ Approved I 1J/ I-I ~ FNlI ~ E><pi..I0413012006 ~ OWl"" Lad N....ISNYDER PARK HOME OW ~ Fi.t N....I Phone 1 W 0_1. AppIicont? AooIconr-" .--.------. ---.-------------------- ~i'" ~. 210 MIDLAND AVE ASPEN CD 81611 .. -,_.......-."'.."".~~" ..,.~"~.>~..'.....,. _'_.__m.___.._.....__.._....______.._______ m __ __ - -- --------- - _u_ -- -- ,-:.----~'=-===11ii1 !llk,_~<.,.._,,,..^_ ".' _~""~..'~'",'"'._..", ,~'...".,_ _ .. " ,', J'I ki.~ ~nIe' the pemit IJlll8 code -- _'I R8CCId: 1 of 1 /rpprfOtJecJ LJICCtid OvcD 56 ~ 2cos; ) YCS/03 o o DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Snvder Park Homeowner's Association. 210 Midland Avenue, Aspen. CO 81611 Property Owner's Name, Mailing Address and telephone number 8 I-Bedroom Units approved in original Snvder Park PUD (Ord. 24-1998) (ADA accessible 1- bedroom unit not included in approval) Legal Description and Street Address of Subject Property PUD Amendment to allow for owners to finish the basements in the 8 I-bedroom units Written Description of the Site Specific Plan and/or Attachment Describing Plan Citv Council Ordinance No. 38. Series of2005, Approved 11/28/05 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December II, 2005 Effective Date of Development Order (Same as date of publication of notice of approval.) December 12, 2008 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 11 th day of December, 2005, by the City of Aspen Community Development Director. CM,~ Chris Bendon, Community Development Director . . . construction of the crawl spaces, the contractors ran into soils that were not good load bearing soils where the floor of the crawl spaces were to be built. In the end, the units were constructed with full-height, unfinished basements. Several of the units have since finished their basements, but they have not been allowed to include bedrooms or bathrooms because of the possible impacts associated with adding bedrooms to the site. As part of the original application made by the Applicants, the possibility to add bedrooms to the basements to be finished was requested. However, the Planning and Zoning Commission felt that the ability to add bedrooms intended for sleeping purposes to the basements could exacerbate the parking problems that exist on Midland Avenue by allowing for more people to live within the development. As a result of this concern, the Applicants revised their application to eliminate the request for bedrooms. SUMMARY OF PREVIOUS HEARING: At the previous hearing on October II '\ City Council heard a presentation of the land use request by Staff and the Applicants, considered a recommendation by the Planning and Zoning Commission, and heard public comments. At the conclusion of the hearing, several Council members indicated that more information was needed to gauge the implications that a decision on this issue might have. It was also suggested by Council that Staff detail the positives and negatives of the various decision options available to City Council in relation to this land use request. That being the case, Staff has included the additional information requested by Council and has provided an analysis of the pros and cons for each of the decision options in the following paragraphs. ADDITIONAL INFORMATION: As described above, City Council asked for a variety of additional information in order to make a decision on the proposed land use request from both Staff and the Applicants. Of Statl~ Council requested the following information: . The minutes from the hearings on the original approvals of the Snyder PUD. . The Housing Authority's policy on renting affordable housing units or bedrooms within affordable housing units. . Number of different types (i.e. studio, I-bedroom, 2-bedroom) of units in our current housing inventory. . Listing of other affordable housing units in town that have unfinished basements that could have similar requests to finish their unfinished basements. . More information on what took place at the Twin Ridge affordable housing complex. In response to the request for the minutes from the hearings on the original Snyder Park approvals, Staff has attached what the Clerk's Office has from the minutes of the 1998 hearings. However, some of the records are missing from the August 10, 1998 meeting minutes and the minutes (attached as Exhibit "A") we do have do not discuss the basements. It is the recollection of Community Development Director Chris Bendon (who acted as the case planner for the City on the original development application) that - 2 - affordable housing affordable housing discussion under Staff developments they may developments they may Comments). want to finish their want to finish their unfinished basements. unfinished basements. (Staff believes the risk (Staff believes the risk for setting a precedent for setting a precedent is minimal, please see is minimal, please see discussion III Staff discussion III Staff Comments). Comments). Unit Exoandabilitv and Unit Livabilitv: As was discussed at the previous hearing on this matter, Staff believes that provisions for unit expandability are important in the development of affordable housing projects in order to allow for unit owners to hold onto their units longer as their families grow and they proceed through different life stages. And in the long run, Staff believes that longer occupancy of affordable housing units creates neighborhood coherence and character that we seek in Aspen. At the last hearing, Councilman DeVilbiss asked Staff to further clarify why we believe that allowing the Applicants to finish their basements would help to allow for them to keep their units through different life stages even though they would not have the ability to add a bedroom to the units. In making the comment that unit expandability would allow for owners to maintain their units through different life stages, Staff did not necessarily have unit owners that were looking to have children in mind. Staff had owners that were looking at taking on a spouse or a significant other in mind with the thought that more useable space within an existing unit would simply make the unit more livable without having any impacts on the aesthetics of the units. Parkinf!: Imvacts: As was also discussed at the last meeting, Staff believes that the addition of a bedroom to each of the eight (8) I-bedroom units as was originally requested would have had a minimal impact on both traffic and parking. The number of off-street parking spaces provided in the development is two (2) parking spaces for each of the units that contain two (2) or more bedrooms and one parking space for each of the units that currently contain one bedroom. Staff felt that the majoritY of the finished basement spaces that would result from this amendment would likely be used by people that already live in Snyder Park units and were not likely to create a significant increase in traffic or parking demand since they are in close proximity to the core of town and on an in-town bus route. However, the Planning and Zoning Commission indicated that providing for the possibility of adding an additional bedroom in each of the eight I-bedroom units would likely exacerbate the parking problems that exist on Midland Avenue. As a compromise, the Planning and Zoning Commission expressed that it would be acceptable to allow for the unfinished basements to be finished with a powderoom consisting of at most one toilet and one sink, but not allowing for the basements to include bedrooms as was originally requested. The Commission felt that allowing for the basements to be finished - 5 - with room uses other than bedrooms would allow for the basement spaces to be used without likely increasing the number of people that live within the development. Enforcement o/No Bedroom Rezulation: At the last meeting, Staff was posed with the question of how to enforce that the basements would not include bedrooms upon being finished if Council were to accept the Planning and Zoning Commission's recommendation to allow the Applicants to finish their basements without full bathrooms or bedrooms. The honest answer is that it will be very difficult for Staff to enforce such a requirement. Staff can make sure that the basements do not have a closet and a full bathroom upon their completion in doing our certificate of occupancy inspection. But beyond that, Staff typically relies on citizen complaints to inform us of zoning violations and in this situation we would likely have to rely on the Applicants' policing themselves to an extent, by filing a zoning complaint when they feel that one of their neighbors is improperly using the basement space. Staff would suggest that improperly using the basement space in this scenario would be renting the basement space out or having someone beyond their spouse or significant other occupying the space for more than a short visit. In discussing the enforcement problem, Staff believes that there will be a similar enforcement issue if the application is denied in that Staff would have to enforce that the units would not be allowed to have finished basements. Staff would have to rely on similar enforcement techniques to those discussed above, in order to prevent the Applicants from finishing the basements. Therefore, Staff does not believe that the enforcement issues that would be associated with allowing for the basements to be finished without bedrooms are any greater than the enforcement problems that would come about by denying the application. Concern Over Settinz a Precedent and Chanzinz the Community 's Mix of Units: During the discussion at the last meeting, several members of Council were concerned about setting a precedent that would garner requests from other affordable housing projects wanting to finish their basements. In considering this concern, Staff had the Housing Authority come up with an inventory of affordable housing units that they believe have full height, unfinished basements that is included in their memorandum attached as Exhibit "B". As can be seen by the housing memorandum, there are not really any units in a similar situation. Additionally, this is a site specific situation and any other affordable housing units that want to make a similar request would have to be reviewed on the merits of their individual situation. That being the case, Staff does not believe that approving or denying the application would establish a precedent. Another question was raised about whether allowing the basements to be finished with bedrooms would change the mix of units within the community. In response to this question, Staff does not believe that adding a bedroom to the units would change the mix of units if City Council were to add a condition of approval to the proposed ordinance requiring that the units still be sold as I-bedroom units as was requested by the Housing Authority in their original referral comments and as has been done at the Twin Ridge and - 6 - Common Ground affordable housing complexes. Staff feels that they would simply be large and likely more desirable I-bedroom units. STAFF RECOMMENDATION: Staff recommends that City Council approve the attached ordinance, approving the proposed PUD amendment to allow for the basements to be finished, without full bathrooms or bedrooms, with the conditions contained therein. If City Council believes that the Applicants should have the ability to finish the basements with a bedroom in each unit, Staff would recommend that Council add a condition of approval to the proposed ordinance requiring that the units continue to be sold as I-bedroom units with an office so that the inventory mix remains unchanged. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the PUD amendment request and recommended that City Council approve the PUD amendment to allow for the unfinished basement spaces to be finished with room uses other than bedrooms and full bathrooms. The Planning and Zoning Commission's resolution and minutes were provided as attachments to the first reading memorandum. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "I move to approve Ordinance No. 38, Series of 2005, approving with conditions, the requested PUD amendment to allow for the eight (8) I-bedroom affordable housing units (ADA I-bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their basements with room uses other than bedrooms and full bathrooms." ATTACHMENTS EXHIBIT A -1998 SNYDER PARK HEARING MINUTES EXHIBIT B --ADDITIONAL MEMORANDUM FROM THE HOUSING AUTHORITY AND ASSOCIATED DOCUMENT A T10N EXHIBIT B - ApPLICATION (PROVIDED IN FIRST READING PACKET) EXHIBIT C - REFERRAL COMMENTS (PROVIDED IN FIRST READING PACKET) EXHIBIT D - ORDINANCE No. 24, SERIES OF 1998 (PROVIDED IN FIRST READING PACKET) EXHIBIT E - LETTERS FROM THE PUBLIC (PROVIDED IN FIRST READING PACKET) EXHIBIT F - PLANNING AND ZONING COMMISSION RESOLUTION (PROVIDED IN FIRST READING PACKET) EXHIBIT G - P & Z MINUTES (PROVIDED IN FIRST READING PACKET) - 7 - ORDINANCE NO. 38 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park SubdivisionlPUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development.Department and the AspenlPitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, the Planning and Zoning Commission expressed concerns that adding bedrooms to the basements to be finished would exacerbate parking issues in the area; and, WHEREAS, as a result of the Planning and Zoning Commission's expressed concerns about the addition of bedrooms exacerbating parking issues in the area, the Applicant amended their proposal to request to finish the 8 unfinished basements with room uses other than bedrooms; and, WHEREAS, during a continued public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of 2005, by a four to zero (4-0) vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements to include room uses other than bedrooms and full bathrooms; and, WHEREAS, during a duly noticed public hearing on September 26, 2005, City Council continued the review of this proposal until October II, 2005; and, WHEREAS, during a continued public hearing on October II, 2005, City Council continued the review of this proposal until November 28,2005; and, . WHEREAS, during a continued public hearing on November 28, 2005, the Aspen City Council approved Ordinance No. 38, Series of2005, by a _ to ~ L- _) vote, approving with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements to include room uses other than bedrooms and full bathrooms; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible 1- bedroom unit because it does not have an unfinished basement) to be finished, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The basements in the eight I-bedroom units shall not be allowed to include bedrooms. Bcdrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language shall not preclude the owners from having the ability to install a powder room (to only contain at most I toilet and I sink) in the basement as long as the other rooms are not used for sleeping purposes. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 4: A public hearing on this ordinance was held on the 28th day of November, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of August, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of _ to _ L--->, this 28th day of November, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Aspen City Council " Rel!:ular Meetinl!: f::;xVt,'h It ';;+ If .- Julv 13, 1998 Councilmembers Vickery and Markalunas said they would approve an open space variance in order to accommodate larger units. Councilman Vickery said he does not support the parking variance nor waiving the school dedication fees. Councilman Vickery said it is not germane how many kids are on a particular site. Mayor Pro Tern said she agrees on the parking and would consider waiving the dedication fees on the affordable housing unit. Councilman Paulson said he would not approve a parking variance and the applicants should pay the school dedication fees. Councilman Markalunas agreed. Councilman Vickery said the open space requirements may determine what type of units this project may have. It is not up to Council to get RO projects on the site. Councilman Vickery moved to adopt Ordinance #30, Series of 1998, on fIrst reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Vickery, yes; Paulson, no; Markalunas, yes; Mayor Pro Tern Richards, yes. Motion carried. ORDINANCE #24, SERIES OF 1998 - Snyder Park Conceptual & Final PUD; GMQS Exemption Councilman Paulson moved to read Ordinance #24, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #24 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PITKIN COUNTY ZONE DISTRICT "MODERATE DENSITY RESIDENTIAL" (R-lS) TO CITY OF ASPEN ZONE DISTRICT "AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT" (AHl-PUD); CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPRO V AL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND WAIVER OF THE LAND USE APPLICATION, ZONING, AND PARK DEVELOPMENT IMPACT FEES FOR THE "SNYDER PARK" AFFORDABLE HOUSING AND NEIGHBORHOOD PARK PROJECT, 210 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk 13 ,~'--- Aspen City Council Ree:ular Meetine: July 13. 1998 Chris Bendon, community development department, told Council this site is not in the city but is surrounded on 3 sides by the city and is proposed for annexation. The site is 3.2 acres with 2 ponds, increasing slopes to the south. The proposal is to subdivide the property into 1 acre for housing and 2 acres for parks. The property is zoned R -15 in the county and would allow subdivision for several houses. Bendon said this proposal meets the PUD and subdivision regulations, is 15 affordable housing units. Bendon told Council staff recommends approval with conditions. The growth management committee recommended approval 6 to 2 with concerns about creating greater accessibility to the upper courtyard for loading and for emergency access. P & Z recommended to deny rezoning for the project 3 to 1. P & Z also considered the residential design standards and parking for the project; both of these were denied. P & Z's concerns were the design of the project, anival at the project where the cars are stored. Dave Tolen, housing director, told Council one of the objectives of the last 2-112 years of work was to design the best possible housing and neighborhood park. Tolen said the housing office worked closely with the neighbors and with the parks department Another objective was to provide units of the type that are needed and also to provide a usable and attractive park. Tolen told Council staff looked at 11 different site designs. Tolen said the two existing ponds have been delineated as jurisdictional wetlands; there is a steep bench to the south of the site; there is a stand of mature trees. Tolen told Council the courtyard scheme for housing is driven by trying to reduce tlle impact of concrete and automobiles on the site. Tolen showed Council several previous site designs for a comparative with the one decided on. The current plan restricts access and parking to the smallest area possible, the buildings are clustered around a courtyard. This maintains the contiguity of the site as a park. Tolen said both the growth commission and P & Z questioned the density of 15 affordable units on this site. Tolen said stafflooked at if there was space for additional buildings, parking and cars and felt without compromising the park use felt there was not space for more units. Tolen said staff looked at trading density on this site for preserving open space in another site. Tolen said staff wanted to preserve this green space in an already dense neighborhood. Another issue from P & Z is whether single family homes on a streetscape may be more appropriate. Tolen said this was looked at in some plans for this site; however, at Snyder an extension of the streetscape was not appropriate with the topography. Tolen said it is preferable to cluster the sites and to preserve as much open space as possible. 14 .---,,- Aspen City Council Rel!:ular Meetinl!: Julv 13. 1998 Tolen said P & Z questioned the access and whether it may be inadequate. Tolen said staff looked at vehicle access balanced against other needs on the site. Tolen said limited access gives the best possible opportunity to create the best park on this site. Tolen showed a model of the topography of the site. Tolen explained that access cannot legally come from the back of the site because it a private road. Tolen told Council as far as adding units or changing the design, staff worked with the neighborhood and feel they have gained credibility through this process. Tolen said to add units or change the design, staff would need to meet with the neighbors. Tolen told Council the parks director has serious concerns about eliminating the wetlands on the north of the project and what it would do to the park. There is also the point that the city would not allow a private developer to eliminate wetlands to build houses. Tolen told Council they should do a site visit The houses are staked out, Council can experience how far it is from the cars to the houses. Rebecca Schickling, assistant parks director, said Council bought this property with open space funds and to create a park in this area. Staff worked within the natural features and constraints of the parcel. There is a space where the previous housing existed, which will be used for the housing. Schickling noted there are 3 ponds on . the property. One of these is not considered jurisdictional wetland; it acts as a sedimentation area for the ditch system and has a lot of concrete. The other 2 ponds support a wetland cOlmmmity, although they are degraded. These two ponds need permission from the Army Corps of Engineer to alter or to fill. Schickling said the city proposes to upgrade the wetlands to be more useful. Schickling told Council the Army Corps has given the city a permit to begin work upgrading the ponds; this permit is valid only until March 1999. Schickling told Council the parks department will improve the ditch and create a water course through the property. A playground will be added on the front part of the portion. Staff has been working with the property owner to the north to get a trail connection through both properties. There will be some picnic shelters. Schickling said an emphasis through the planning process has been to make sure there is an attractive and usable park Dan Sadowski, adjacent neighbor, read a letter into the record. This letter had signatures of neighbors and said they have followed the process and strongly approve of the final design as presented by the housing authority. Sadowski said the neighbors reject P & Z's effort to introduce a major redesign at this point Sadowski said during the 2 plus year process, many designs were considered and 15 ... Aspen City Council Ree:ular Meetin2 July 13. 1998 this design was agreed on by all parties involved. Sadowski said this process was a sterling piece of civic planning. Tim Mooney, P & Z member and neighbor, said a series of checks and balances ultimately create the best result for the city and its citizens. Mooney said P & Z needs to stay within the code requirements when they review project and to review every project consistently. Mooney said a garage with a two story house on top is not an ideal situation. Mooney said the city's design review standards particularly address streetscape, the dominance of the garage as it faces the street. Mooney told Council the design team stated they would get a variance from Ordinance #30 and they would not have to comply with the design standards. Councilman Paulson moved to suspend the rules and extend the meeting to 9:35 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Bob Blaich, P & Z member, said this is an excellent site for affordable housing. The majority ofP & Z felt, however, that more detailed design should be undertaken. Blaich said P & Z did not have any input until the project was complete. Blaich said the staff suggests waiving the design review standards. Blaich said many citizens feel the city has two sets of standards; one for private development and one for public development. If the city waives the design review standards, it will reinforce that opinion. At the same time, Council wants to make Ordinance #30 more stringent. Blaich suggested COlUlcil approve this project without waiving the residential design standards and also refer the project back to DRAC. Tolen told Council staffis asking for relief from 2 residential design standards; one is the houses are not oriented to the street and the garages are on the fronts of the units as you enter with your vehicle. Tolen said in order to orient the houses to the street, they would have to all be oriented to Midland avenue or the subdivision would have to create new streets. David Warner, design team, said if the building had been skewed to match the tangent line of Midland Avenue, the project would look out of place in the neighborhood. The orientation is appropriate. Nick Lebby, adjacent property owner, told Council he has been involved in this project for about 3 years and it has evolved into a beautiful project. Lebby said incorporating a park and wetland close to town is a great amenity to the community. The affordable housing is in a beautiful setting and residents can walk to town. Lebby said preserving wetlands and trees and open space is what Aspen is about. Lebby said this was a long process and he appreciates being included in the process. 16 Aspen City Council Rel!Ular Meetine July 13. 1998 Tolen said he worked with the fire department on the emergency access and it meets their requirements. The fire department may use the private road to fight a fire, if necessary. The housing department has agreed to provide sprinklers for all structures. Mayor Pro Tern Richards said she supports this design. Mayor Pro Tern Richards noted the parks and recreation master plan identified a critical shortage of pocket parks in this neighborhood. Mayor Pro Tern Richards said she wants this to be a stellar new park. Mayor Pro Tern Richards said the city may have to compromise the grid system on this project. Councilman Paulson moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas said he feels this is an exemplary project and he supports the project the way it is. Councilman Markalunas said he likes that the natural features of the land have been preserved. Councilman Markalunas said in order to preserve natural beauty, the city needs to build in regulations to reduce the number of cars and to reward projects with communal cars. Councilman Paulson said he would like the garages designed so that when one comes into the project, the garages cannot be seen. Councilman Vickery said he does not feel there are fatal flaws in the project. Councilman Vickery said between now and second reading, Council should conduct a site visit and have a work session to see if there are any ideas that can be incorporated into the plan. Mayor Pro Tern Richards said she does not want to see the compromise with the neighbors broken. Councilman Markalunas moved to adopt Ordinance #24, Series of 1998, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Mayor Pro Tern Richards, yes. Motion carried. Councilman Paulson moved to adjourn at 9:50 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. 17 Aspen City Council Relwlar Meetinl!: AUl!:ust 10. 1998 Councilwoman Richards amended her motion to include the condition that the applicant abide by the 25 foot setback off the westersly side of the property; seconded by Councilman Markalunas. Reno requested this be tabled at the 25 foot setback is a major issue in putting the driveway in the middle. COlmcilwoman Richards withdrew her motion as requested by the applicant; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to continue Ordinance #20, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #24. SERIES OF 1998 - Snyder Park conceptual & Final PUD; GMQS Exemption Chris Bendon, community development department, showed Council the site and said this property is currently in the cOlmty. The proposal is to subdivide this 3.3 acres parcel into a 1 acre parcel for affordable housing and a 2 plus acre parcel for park There will be 15 units; 9 one bedroom and 6 three bedroom units. The units will be a mix of category 3 and 4. Bendon noted in the courtyard area t1lere is an exceptional view of Aspen moutnain. Some Counciimembers had asked if the building could be reconfigured so the view from the rear is not so compromised. The applicant does have some design suggestions. Bendon told Council P & Z recommended denial 3 to 1 with concerns about having to carry things from the car park to where the units is locayted; the consition of arriving where the cars live, and concerns about the view toward Aspen mountain. Dave Tolen, housing office, showed the desib'Il history of this project starting with 24 units in a duplex configuration covering the entire site except for the wetlands. Council and staff did a site visit and decided the west and south portions of the site should be parks and green land. Tolen said in June 1994 staff began working with the neighborhood on design that would be acceptable. It was felt that 15 units would be an appropriate number for this site and keep a usable park site. The scheme best liked by the neighbors and staff has less pavement than previous ones and focuses the units internally. Tolen said the area to be park was chosen because of large stands of trees, wetlands and tile area in the back had already been developed. The entry pavement has been minimized. The housing is clustered. The 7 , Aspen City Council Rel!:ular Meetinl!: AUl!:ust 10. 1998 parking is under some units and also in carports. There is a trail connection to highway 82 up through Alpine cottages 8 &t1/ 'b't iL;l/1 MEMORANDUM TO: James Lindt FROM: Cindy Christensen DATE: October 24, 2005 RE: SNYDER PARK PUD AMENDMENT ISSUE: City Council requested additional information regarding the request from the Snyder Homeowners' Association regarding finishing the basements with another bedroom and adding a bathroom. BACKGROUND: Snyder Park employee housing was approved in 1998 and was sold in March of 2000. The project consists of a total of 15 units - 6 three-bedroom units and 9 one-bedroom units. The one-bedroom units were originally going to be built for slab-on-grade construction; however, unfinished basements were added closer to construction. The project was approved with basements but that no additional bedrooms or bathrooms could be added. The major concern of the neighbors revolved around potential parking issues. The main issue for the owners has been that in order to access the bathroom in these one-bedroom units, a guest must go through the owner's bedroom. It has been the policy of the Housing Board that units be built with the ability for an owner to expand their unit Providing unfinished basements is a good opportunity for an owner to do so. City Council requested additional information as follows: . APCHA' s rental policy in roommate situations; . How other units in other complexes have been allowed to expand; . Inventory numbers that include the number of each size of unit within the City; and . Identification of any other category units in town that may have large unfinished basements at this time. APCHA will be bringing forward a change in the Guidelines for the BOCC and City Council to review relating to roommates. The major concem of the Housing Board and Staff has been if another person in the household owns other residential property within the Roaring Fork Drainage System. The policy would allow an owner of a deed restricted unit to rent a room to any individual as long as the person does not own any other residential property within the Roaring Fork Drainage System; however, such owner must be residing in the unit full-time and be a qualified employee. Income, assets, even employment, would not come into play for the roommate as the owner is the qualified "tenant" However, the rent that would be charged is limited. There have been other projects within the City and County that have the ability for expansion. Most of these contained lofts that were enclosed to make a second bedroom. Owners in Twin Ridge and Common Ground have created an office (bedroom) area. APCHA keeps the unit in the inventory as it was originally constructed. In other words, if enclosing a loft created another bedroom, this would be advertised as a one-bedroom unit plus an office. 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October 11,2005 DATE: PROJECT: SNYDER PARK PUD AMENDMENT REQUEST: The Applicant is requesting a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the unfinished basements in the one-bedroom units to be finished with a variety of room uses, including bathrooms. ZONING: AH/PUD (Affordable Housing/PUD) LAND USE The Applicant is requesting approval of a PUD amendment to the REQUESTS: Snyder Park Affordable Housing PUD pursuant to the procedures established in Land Use Code Section 26.445.100(8), Amendment of PUD development order. STAFF Staff recommends approval with conditio us. RECOMMENDATION: PLANNING AND The Planning and Zoning Commission recommended by a four to zero ZONING COMMISSION vote that the City Council approve with conditions, a PUD RECOMMENDATION: amendment to allow for the unfinished basements at Snyder Park to be finished. LAND USE ACTIONS REQUESTED: The Applicant is requesting an amendment to the Snyder Park Affordable Housing PUD. City Council may approve, approve with conditions, or deny the PUD amendment request after considering a recommendation from the Planning and Zoning Commission pursuant to Land Use Code Section 26.445.100, Amendment of PUD Development Order. SUMMARY OF REQUEST AND BACKGROUND: The Applicant, Snyder Park Homeowner's Association, is requesting a PUD amendment to amend the PUD that was approved pursuant to Ordinance No. 24, Series of 1998 (provided in first reading packet). Snyder Park consists of fifteen (15) units in total; six 3-bedroom units and nine I-bedroom units. The Applicant would like to amend the PUD to allow for the unfinished basements in eight (8) of the nine I-bedroom units to be finished with a variety of room uses, including bathrooms. The ninth I-bedroom unit is not proposed for expansion because it is - I - "-' ~'- " currently slab on grade construction. Originally, these units were approved to be built as slab-on-grade construction with no crawl spaces or basements. When the units were submitted for building permit, a crawl space was required to be constructed for egress purposes under each of the units. Subsequently during the excavation for the construction of the crawl spaces, the contractors ran into soils that were not good load bearing soils where the floor of the crawl spaces were to be built In the end, the units were constructed with full-height, unfinished basements. Several of the units have since finished their basements, but they have not been allowed to include bedrooms or bathrooms because of the possible impacts associated with adding bedrooms to the site. As part of the original application made by the Applicant, the possibility to add bedrooms to the basements to be finished was requested. However, the Planning and Zoning Commission felt that the ability to add bedrooms intended for sleeping purposes to the basements could exacerbate the parking problems that exist on Midland Avenue by allowing for more people to live within the development As result of this concern, the Applicant revised their application to eliminate the request for bedrooms. STAFF COMMENTS: In reviewing the PUD amendment request, Staff feels that the flexibility that would be provided through this proposal allowing the I-bedroom affordable housing units to finish their unfinished basements is a positive action. Staff feels that provisions for unit expandability are important in the development of affordable housing projects in order to allow for unit owners to hold onto their units longer as their families grow and they proceed through different life stages. And in the long run, Staff believes that longer occupancy of affordable housing units creates neighborhood coherence and character that we seek in Aspen. The issue of unit expandability received considerable discussion during the recent review of the Burlingame Ranch Affordable Housing Project and the majority of City Council felt that it was appropriate to include provisions for unit expandability in the Burlingame project Applying the same logic to the Snyder Park project that was constructed in 1998, the Planning Staff and the Housing Board support the proposed request As far as traffic and parking impacts are concerned, Staff felt that the addition of a bedroom to each of the eight (8) I-bedroom units as was originally requested would have had a minimal impact on both traffic and parking. The number of off-street parking spaces provided in the development is two (2) parking spaces for each of the units that contain two (2) or more bedrooms and one parking space for each of the units that currently contain one bedroom. Staff felt that the majority of the finished basement spaces that would result from this amendment would likely be used by people that already live in Snyder Park units and were not likely to create a significant increase in traffic or parking demand since they are in close proximity to the core of town and on an in-town bus route. However, the Planning and Zoning Commission indicated that providing for the possibility of adding an additional bedroom in each of the eight I-bedroom units would -2 - likely exacerbate the parking problems that exist on Midland Avenue. As a compromise, the Planning and Zoning Commission expressed that it would be acceptable to allow for the unfinished basements to be finished with a powderoom consisting of at most one toilet and one sink, but not allowing for the basements to include bedrooms as was originally requested. The Commission felt that allowing for the basements to be finished with room uses other than bedrooms would allow for the basement spaces to be used without likely increasing the number of people that live within the development FIRST READING DISCUSSION: During first reading of the proposed ordinance, Councilman DeVilbiss requested that the language in Condition No. 4 be changed to read that the rooms in the basement may include a powder room as long as the other rooms are not used for sleeping purposes. The condition as drafted in the first reading ordinance stated that the rooms in the basement may include a powder room as long as the other rooms are not to be intended to be used for sleeping purposes. Staff agrees that the slight change in language makes it clearer that the basements shall not be used for sleeping purposes. Several members of City Council also expressed that it would be difficult for Staff to enforce that the basements not be used as bedrooms if they are allowed to be finished. In response to this issue, Staff believes that the residents in Snyder Park have been very good at reporting violations in the past and policing their own neighborhood and complex. In several instances in the past, owners within the Snyder Park complex have turned other owners into the City for violations. Keep in mind that only about half of the units within the Snyder Park complex have basements that are subject to this amendment request, and Staff believes that the other owners within Snyder Park are not going to want to see these basements occupied by additional people who do not currently live within Snyder Park. That being said, Staff is of the opinion that if the use of these basements is getting abused, Staff will likely be made aware of such abuse and will have to do enforcement pursuant to our standard zoning enforcement policies. STAFF RECOMMENDATION: Staff recommends that City Council approve the attached ordinance, approvmg the proposed PUD amendment with the conditions contained therein. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the PUD amendment request and recommended that City Council approve the PUD amendment to allow for the unfinished basement spaces to be finished with room uses other than bedrooms and full bathrooms. The Planning and Zoning Commission's resolution and minutes were provided as attachments to the first reading memorandum. - 3 - ,.f CITYMANAGER'SCOMMENTS:~~' ~rt:.. ~~"' ;:-r (J-hL~~, -w.zI :; Yo ~ ~ a-.:.. JJbo.R A, ~ ~ UA/lc.{ ,&, RECOMMENDED MOTION: "I move to approve Ordinance No. 38, Series of 2005, approving with conditions, the requested PUD amendment to allow for the eight (8) I-bedroom affordable housing units (ADA I-bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their basements with room uses other than bedrooms and full bathrooms." ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B - ApPLICATION (PROVIDED IN FIRST READING PACKET) EXHIBIT C - REFERRAL COMMENTS (PROVIDED IN FIRST READING PACKET) EXHIBIT D - ORDINANCE No. 24, SERIES OF 1998 (PROVIDED IN FIRST READING PACKET) EXHIBIT E - LETTERS FROM THE PUBLIC (PROVIDED IN FIRST READING PACKET) EXHIBIT F - PLANNING AND ZONING COMMISSION RESOLUTION (PROVIDED IN FIRST READING PACKET) EXHIBIT G - P & Z MINUTES (PROVIDED IN FIRST READING PACKET) -4 - , .i ORDINANCE NO. 38 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park Subdivision/PUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the Aspen/Pitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, the Planning and Zoning Commission expressed concerns that adding bedrooms to the basements to be finished would exacerbate parking issues in the area; and, WHEREAS, as a result of the Planning and Zoning Commission's expressed concerns about the addition of bedrooms exacerbating parking issues in the area, the Applicant amended their proposal to request to finish the 8 unfinished basements with room uses other than bedrooms; and, WHEREAS, during a continued public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of 2005, by a four to zero (4-0) vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements to include room uses other than bedrooms and full bathrooms; and, WHEREAS, during a duly noticed public hearing on September 26, 2005, City Council continued the review of this proposal until October 11,2005; and, WHEREAS, during a continued public hearing on October II, 2005, the Aspen City Council approved Ordinance No. 38, Series of 2005, by a _ to _ L-~ vote, approving with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements to include room uses other than bedrooms and full bathrooms; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible 1- bedroom unit because it does not have an unfinished basement) to be finished, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The basements in the eight I-bedroom units shall not be allowed to include bedrooms. Bedrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have '- access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language shall not preclude the owners from having the ability to install a powder room (to only contain at most I toilet and I sink) in the basement as long as the other rooms are not used for sleeping purposes. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on this ordinance was held on the II th day of October, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of August, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of _ to _ L-_), this 11th day of October, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: .John P. Worcester, City Attorney EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings In accordance with Section 26.445 of the Land Use Code, the Applicants have requested a PUD Amendment Section 26.445.050, Review Standards: pun Amendment Section 26.445 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed amendment is consistent with the affordable housing goals of the AACP. Staff feels that the amendment will allow for the homeowner's at Snyder Park to have the flexibility to occupy their units for the long-term and allow for the units to change with their different life stages allowing them to be vested members of the community as is encouraged by the Housing section of the AACP. Staff finds this criterion to be met 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the proposed amendment is consistent with character of the existing land uses in the immediate area. The proposed amendment will not change the exterior aesthetics of the units in that unfinished basements already exist with the necessary egress. Moreover, the units will continue to be family-oriented affordable housing units. Staff finds this criterion to be met 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the future development of the surrounding area in any manner. Thus, Staff finds this criterion not to be applicable to this application. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. - 5 - Staff Finding The Applicants have already received the needed GMQS exemptions to construct the affordable housing, a GMQS exemption is not needed to finish the basements. Staff finds this criterion not to be applicable. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. I. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, tran.~it, pedestrian circulation, parking, and historical resources. Staff Finding The proposed amendment does not impact the dimensional requirements that were approved in the original PUD. Staff finds this criterion not to be applicable to this application. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposed amendment does not impact the dimensional requirements that were approved in the original PUD. Staff finds this criterion not to be applicable to this application. 3. The appropriate number of off-street parking spaces shall be established hased on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. - 6 - d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding As was discussed in the staff memo, Staff feels that many of the bedrooms that would be added to the basements per the original request would have been occupied by people that already live within the development. Staff is further of the opinion that the close proximity of this development to town and to an in-city bus route encourages limited parking demand for the inhabitants of the development. Nonetheless, the Planning and Zoning Commission's compromise position not to allow additional bedrooms in the basement will not increase the parking demand of the site. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff has consulted the applicable utility agencies, who have expressed that the adequate infrastructure exists to accommodate the proposed amendments. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harttiful disturbance to critical natural features of the site. Staff Finding The proposed amendment does not alter the permitted density of units approved in the original PUD. Additionally, the proposed amendment involves finishing livable space that is already incorporated within the subject buildings. Therefore, finishing the basements shall not have an impact on site drainage, soil erosion or consequential water pollution. The Applicant also is not requesting to amend the site layout so there - 7 - will not be impact on the natural features of the site. Staff finds this criterion to be met 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding As was discussed in the body of the staff memo, Staff feels that allowing for the eight (8) unfinished basement spaces to be finished fosters long-term occupancy of the affordable housing units, which builds neighborhood coherence and character as is encouraged by the AACP. Staff finds this criterion to be met B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: I. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that the proposed amendment impacts the site design of the project Staff finds this criterion not to be applicable to this application. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Staff does not believe that the proposed amendment impacts open spaces or vistas on the site. Staff finds this criterion not to be applicable to this application. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. - 8- Staff Finding The proposed amendment will not impact the existing siting of structures on the parcel and will affect the extent to which the units are visually interesting. Staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Staff believes that the proposed amendment will not impact the emergency and service vehicle access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Staff believes that the proposed amendment will not impact the pedestrian and handicapped access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The proposed amendment will not impact the site drainage since the amendment will only impact interior space that is already built. Staff finds this criterion not to be applicable to this application. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding There are no non-residential land uses proposed as part of this amendment and no non- residential uses exist within the subject development. Staff finds this criterion not to be applicable to this application. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: - 9 - 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding Staff does not believe that the proposed amendment will impact the landscaping plan that was approved in relation to the original PUD. Staff finds this criterion not to be applicable to this application. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that the proposed amendment will impact the existing natural or man-made site features any more than the original development plan. Staff finds this criterion not to be applicable to this application. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The site's landscaping will not be impacted by the proposed amendment. Staff finds this criterion not to be applicable to this application. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may sign(ficantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The proposed amendment will not alter the architecture and' exterior design of the units in that the amendment is only requesting to finish interior space. Staff finds this criterion not to be applicable to this application. - 10- 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding Staff believes that the proposed amendment will not alter the extent to which the units incorporate natural heating and cooling systems. Staff finds this criterion not to be applicable to this application. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding Staff does not believe that the proposed amendment will impact the ability at which the development accommodates the shielding of snow, ice, and water in that the proposed amendment simply requests to finish interior space that already exists. Staff finds this criterion not to be applicable to this application. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: - II - 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The proposed amendment will not impact common park or open space. Staff finds this criterion not to be applicable to this application. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding This amendment does not impact the project's compliance with this requirement. Staff finds this criterion not to be applicable to this application. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding This amendment does not impact the project's compliance with this requirement. Staff finds this criterion not to be applicable to this application. H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding During the review of the original PUD application, it was determined that adequate public facilities exist to accommodate the proposaL This amendment does not impact the project's compliance with this requirement. Staff finds this criterion not to be applicable to this application. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. - 12- #""'" ...-,,... Staff Finding The affected utility agencies have reviewed the proposed plans and did not express any public infrastructure concerns. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicants are not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicants will be required by the City to provide oversized utilities. This amendment will not impact the size of utilities or public facilities that are needed to accommodate the development. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this ,~tandard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: J. Each lot, ,"tructure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road. a pedestrian way, or other area dedicated to public or private use. Staff Finding This amendment does not impact the development's compliance with this requirement. Provisions were made in the original PUD approval to insure the adequate access is provided to the development. Staff finds this criterion not to be applicable to this application. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. - 13 - ..-........ De. MEMORANDUM TO: THRU: FROM: RE: DATE: Mayor Klandywd,amd City Council Joyce All~olnmunity Development Deputy Director James Lindt, Senior Planner <3l- Snyder Park Affordable Housing Project PUD Amendment, 2nd Reading of Ordinance No. 38, Series of 2005, Public Hearinl!, Ouen and Continue to October 11th September 26, 2005 PROJECT: SNYDER PARK PUD AMENDMENT REQUEST: The Applicant is requesting a pun amendment to the Snyder Park Affordable Housing pun to allow for the unfinished basements on the one-bedroom units to be finished with a variety of room uses, including bathrooms. ZONING: AH/PUD (Affordable Housing/PUn) LAND USE The Applicant is requesting approval of a pun amendment to the REQUESTS: Snyder Park Affordable Housing pun pursuant to the procedures established in Land Use Code Section 26.445.100(8), Amendment of PUD development order. STAFF Staff recommends that City Council continue review of this RECOMMENDATION: application to October 11th. PLANNING AND The Plauniug aud Zoning Commission recommended by a four to zero ZONING COMMISSION vote that the City Council approve with conditions, a pun RECOMMENDATION: amendment to allow for the unfinished basemeuts at Snyder Park to be finished. STAFF COMMENTS: Due to the other significant agenda items scheduled to be reviewed at the September 26th meeting, Staff would recommend that the review of this application be continued to October 11 th The Applicants have agreed to a continuation of the review until October 11th STAFF RECOMMENDATION: Staff recommends that City Council continue review of the Snyder Park PUD amendment to October 11th. RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to continue review of the Snyder Park PUD amendment to October II th." - I - t""'\ ,-",,,. --- ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE SCHEDULED PUBLIC HEARING DATE: llO ~ ltw-. OcbLhpA/' 1/, 'L{JO S . Aspen, CO ADDRESS OF PROPERTY: ,200_ STATE OF COWRADO ) ) ss. County of Pitkin ) I, S?\,\at.iI'\ i7\ItN,~Vl~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certifY that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ~ day of ,200--, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next poge) ~ c "'"'" , .) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~~ Signature Th~"Affidavit of Notice" was acknOwledgedi3efore mhhs 1L day of ,2005:by .c:o ra.h) f'rr,r ,r./ WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COPYOFIHE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL o ~ "'.../ PUBLIC NOTICE RE: SNYDER PARK PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 26, 2005 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snyder Park Homeowner's Association, 210 Midland Avenue, Aspen, CO 81611, requesting approval of a PUD amendment to the approved Snyder Park Affordable Housing PUD to allow for eight of the I-bedroom units within the development to finish their unfinished basements. The properties subject to the application are legally described as units in the Snyder Park Subdivision/PUD. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St, Aspen, CO, (970) 429-2763,jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud. Mavor Aspen City Council Published in the Aspen Times on September 11, 2005 City of Aspen Account ..l<A1l1 <AlIU ;)IIIUU~": n\:o; '-lllhh'J Use Avery@TEMPLATE 5160'" 121 ROBINSON ROAD LLC 600 E HOPKINS AVE #205 ASPEN, CO 81611 ASPEN ELF 4301 ARCADY DALLAS, TX 75205 BENNETT NEIL J PO BOX 9937 ASPEN, CO 81612 BYRNES JAMES ROBERT & VALERIE P 90 CLAY LN ASPEN, CO 81611 CORBIN MARCIA A PO BOX 9312 ASPEN, CO 81612 -.JNOHO LARRY D & CAROL A 19105 HOLBERTON LN BROOKVILLE, MD 20833 FISH EILEEN M 1/3 INT 6482 CHERRY CT NIWOT, CO 80503 HACH STEPHEN C 23 SMUGGLER GROVE RD ASPEN, CO 81611 HARRIS NORMAN LINDSAY JR 146 ARDMORE DR ASPEN, CO 81611 !-,CMMING GREGG S 30X 622 ".oPEN, CO 81612 @09LS @A1I3I\V ~ "'.."'..-............."........,.. - 1-800-GO-AVERY.___ ,......"', ADAIR ARJA P JR 5375 S GENEVA WY ENGLEWOOD, CO 80111 BANNEROT KARIN SOFIA 43A SMUGGLER GROVE RD ASPEN, CO 81611 BEYER ALAN R 410 N MILL ST #B11 ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COSTLEY JAMES J PO BOX 884 ASPEN, CO 81612 ELA CHARLES S 1208 E HOPKINS ASPEN, CO 81611 GROSZ COLLEEN A TRUST 155 N HARBOR DR #3612 CHICAGO, IL 60601 HALPERIN ALEXANDRA PO BOX 2210 ASPEN, CO 81612 HARRISON MARK N 2/3 INT 6482 CHERRY CT NIWOT, CO 80503 HEYMAN BRUCE ALAN & VICKI S CIO GOLDMANSACHS & CO 2035 N MAGNOLIA CHICAGO,IL 60614 A1I3Nd-O!l-00a-L WO)',{jaAE'MMM - - ~ MV..",;,'"' "OU~ AMES MARTHA E 23 SMUGGLER GROVE RD ASPEN, CO 81611 BEIDLEMAN NEAL J & AMY G PO BOX 4362 ASPEN, CO 81612 BROWN RUTH H 410 N MILL ST #B11 ASPEN, CO 81611 CONANT RICHARD H 55 SMUGGLER GROVE ASPEN, CO 81611 DEJEAN FELIX A III & CAROL YNE 1368 KATHERINE DR OPELOUSAS, LA 70570 ELLIOTT ELYSE 610 W NORTH ST ASPEN, CO 81611 GULL EVAN H REV TRUST 25 ARDMORE CT ASPEN, CO 81611 HARRIS GEORGE WALTER III PO BOX 11005 ASPEN, CO 81612 HEJDUK MILAN C/O JIRI CRHA 16390 BRAEBURN RIDGE TRAIL DELRA Y BEACH, FL 33446 HYDER GENE MICHAEL 320 MIDLAND AVE ASPEN, CO 81611 @09LS weqe6 al2as!l!~n ap!deJ a6eqJ\ls ~ ~a a6eJmoq!~ue uo!ssaJdWI Jam and Smudge fr~e Prlntmg Use Avery@TEMPLATE S160@ KAL TEN BOCK ERNST 1612 WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3A4 MACALPINE GORDON A PO BOX 5043 ASPEN, CO 81612 PEARL JILL 1207 E HOPKINS AVE ASPEN, CO 81611 RODBELL PHYLLIS 1101 CREST VALLEY DR ATLANTA,GA 30327 SADOWSKY DANIEL PO BOX 2210 ASPEN, CO 81612 ~ON FAMILY QPRT <.;10 CHARLES SIMON 1800 NE 114TH ST PH3 NORTH MIAMI, FL 33181 WANG EDWARD 0 30% 1406 MAIN ST EVANSTON, IL 60201 (j)09~S @A1I3^" @ - - www.avery.com 1-800-GO-AVERV-. ...... KNUTSON RODNEY 0 PO BOX YY ASPEN, CO 81612 MCPHERSON GREGORY J PO BOX 2073 ASPEN, CO 81612 RASTEGAR All REZA 8403 WESTGLEN DR STE 100 HOUSTON, TX 77063 RODELL TIMOTHY C & MARJORIE M PO BOX 8005 ASPEN, CO 81612-8005 SEGUIN MIKE A PO BOX 1914 ASPEN, CO 81612 SNELL NANCY L PO BOX YY ASPEN, CO 81612 WANG KARINA 1319 CRAIN STREET EVANSTON,IL 60202 AlJ3^\f-09-008-~ WO)'!.JaA(!'MMM - - ~ AVERY@ S160@ LEBBY NICK & SARA PO BOX 1352 ASPEN, CO 81612 MILLER DAWN & STEPHEN H 3401 N MOORINGS WAY COCONUT GROVE, FL 33133 ROBINSON JACK A & AVIVA 1589 KIRKWAY BLOOMFIELD HILLS, MI 48302 ROSE JAMES JAY PO BOX 2096 ASPEN, CO 81612 SHECHTER IRVING TRUSTEE OF SHECHTER TRUST 1794 WINTERWARM RD F ALLBROOK, CA 92028 SPECTOR LORRAINE STAVE TRST SPECTOR LORRAINE & PAT TRSTE 3 FAIR OAKS LADUE, MO 63124 WHRJ3 LLC 32205 BINGHAM RD BINGHAM FARMS, MI 48025 , (j)09~5 ~!Jeqe6 al zas!l!ln ap!deJ a6eq)\,s ~ ~a a6eJmoqllue uo!ssaJdWI o () Jam and Smudge Free Printing Use Avery@TEMPLATE S160@ KAL TENBOCK ERNST 1612 WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3A4 MACALPINE GORDON A PO BOX 5043 ASPEN, CO 81612 PEARL JILL 1207 E HOPKINS AVE ASPEN, CO 81611 RODBELL PHYLLIS 1101 CREST VALLEY DR ATLANTA, GA 30327 SADOWSKY DANIEL PO BOX 2210 ASPEN, CO 81612 i SIMON FAMILY QPRT CIO CHARLES SIMON , 1800 NE 114TH ST PH3 , NORTH MIAMI, FL 33181 I , WANG EDWARD 0 30% 1406 MAIN ST EVANSTON,IL 60201 @09LS @AH:JAV \t\ - www.avery.com..... 1-BOO-GO-AVEI "'" - >, ' KNUTSON RODNEY 0 PO BOX YY ASPEN, CO 81612 MCPHERSON GREGORY J PO BOX 2073 ASPEN, CO 81612 RASTEGAR All REZA 8403 WESTGLEN DR STE 100 HOUSTON, TX 77063 I, RODELL TIMOTHY C & MARJORIE M . I PO BOX 8005 . ASPEN, CO 81612-8005 I SEGUIN MIKE A , : PO BOX 1914 ASPEN, CO 81612 , SNELL NANCY L , PO BOX YY ASPEN, CO 81612 WANG KARINA 1319 CRAIN STREET , , EVANSTON, IL 60202 , I: !i A1I3^"-Q9-00B-L WO)oAlaAeoMMM - - ~ AVERY@ 5160@ LEBBY NICK & SARA PO BOX 1352 ASPEN, CO 81612 MILLER DAWN & STEPHEN H 3401 N MOORINGS WAY COCONUT GROVE, Fl 33133 ROBINSON JACK A & AVIVA 11589 KIRKWAY BLOOMFIELD HILLS, MI 48302 ROSE JAMES JAY , PO BOX 2096 : ASPEN, CO 81612 SHECHTER IRVING TRUSTEE OF SHECHTER TRUST 1794 WINTERWARM RD FALLBROOK, CA 92028 SPECTOR LORRAINE STAVE TRST SPECTOR LORRAINE & PAT TRSTE , 3 FAIR OAKS , ! LADUE, MO 63124 , WHRJ3 LLC , 32205 BINGHAM RD I I BINGHAM FARMS, MI 48025 I, ;1 I' II @09LS ~!Jeqe6 el zes!l!~n ep!deJ e6e43!,s ~ ~e e6eJJnoq!~ue uo!ssaJdWI ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDR"" O"RO""" , <; V\ \Jdd' fj:v~ SCHEDULED PUBLIC HEARING DATE: ~/U ()_ , Aspen, CO ,200_ STATE OF COLORADO ) ) ". County of Pitkin ) I, ~ ~ C~ I JL{ I(? _ c, L _ I {t /l cl ~. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from1the Community Development Department, which was made of suitable, waterproof materials, which was no.t less than twenty-two (22) inches wi~e and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in~'3ection 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class po~ge prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal ofthis Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the plamling agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. t:?A(r7 RcXZdl gnature ~ The foregoing "Affidavit of Notice" was aCknOWledge~is/d day of-:;" i:!h , 200S, byc:::5~ PUBliC N011Cf. REo' 5NYDER pARK pUD AM G N~hat a public . NOTICE \S HEREBYM d y s<ptember 26, h \d on 0 a, h hearing will ~ e b in 5:00 p.m. Delore t e 200S at a meetlng:o ~II Chambers, City ".all, 'onPlI City Councll,Co 'del all apP\lCa- N>..~ As II to cons! , nO s, Galena St., pe, p II. Homeowner 5 " db the Snyder aT cO t\OIl sublU1tte Y \d\and Avenue, Aspen, Association, 210 M \ I a pUD amendment B16\1 requesting approva 0, '1Iordab1e Housing . dS yderPar I-l. . \0 tne approve n h \ bedroom uIllis light 01 t e . . .A pUD to allow or e I' 'oh their unUllIsh"" \ roeotto lnl~ . within tM deve op erlies subiect to the 3Pphca. UaSements. The prop "bed 5 unils in the Snyder tion are\egaUy descn a parkSuOdlviSion/PU~. contact James Lindt a\ for further illtormatlOn, \ty Development De- the City ot Aspell comll)l,~un Aspen, CO. (910) 429- t r,W S Galena ~l", partmen, .' nJ.~'us" 2163, james\@CI.3Spe. Il Kalin Klanderud, Mayo~ s/H e Aspen City Council ( o'ptember n, A nTlmesonJ<; published in the spe 2005.(3053) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: t.t /~~/o~ ATTACHMENTS: 'PY OF THE PUBLICATION [OF THE POSTED NOTICE (SIGN) ~d.",-oWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Page 1 of 1 - "'.,.'" ji'< "it'" ,.,;(.,..; Dear Mr. Lindt, \" -e.u\""',.,,( ()Je... f<.v..ec.v 0'-''( ~'fe.Vl..J'-;':> 0 ':; 4-<> -tL.. IJ-u-J ~,;.. ~ ~ S:-b-r-(o~ r~ fu 6) 'I)~II.tofv--J ~ t- & "5,+ It'll LI" I~ \noD 'jJ" We received the Public Notice regarding the SNYDER PARK PUD AMENDMENT. H,-1. //~ We own the property at 211 Midland Ave, directly across from Snyder Park. ~ ~ Please inform us of the procedure to object to this Amendment since we will not be able to attend the public hearing. From: To: Sent: Subject: "Joseph Grosz" <jg@premierinvest.net> "james Iindt" <jamesl@cLaspen.co.us> Tuesday, June 14, 2005 2:05 PM 210 Midland Ave, Aspen, Co ~h Grosz We strongly object to the increase in finished space. This will allow additional occupancy without additional parking. The Snyder development currently has more cars per occupant than can be parked inside the complex and that does not address visitors. The current parking situation at Snyder development is causing problems for us at 211 Midland. Cars belonging to the occupants and visitors are parked in violation of the parking restrictions for the street of 2 hour limits for park use. They are NOT using the park and they are way beyond the two hours. (Days beyond at times) It is almost impossible to get out of our driveway in the winter and difficult in the summer. The posted parking signs are being ignored and the police NEVER enforce the two hour parking limit, while using the Park. The Police only act after phone calls informing them the car has been parked for longer than a few days. What is the FAR for these units at Snyder? It seems to us that they probably have maxed the allowed FAR at time of original construction. PARKING IS A MAJOR PROBLEM, IN THE WINTER when owners/occupants/visitors from SNYDER DEVELOPMENT park their CARS OVERNIGHT AND IT SNOWS. THE STREET CANNOT BE CLEANED BY SNOWPLOWS CAUSING ICING AND THEREFORE MAJOR SLIDING PROBLEMS FOR ACCESS TO OUR DRIVEWAY. MORE BEDROOMS WILL EQUATE TO MORE CARS AND THEREFORE, WE STRONGLY OBJECT TO THE APPROVAL OF THIS AMENDMENT. We realize everyone would like more space in Aspen to accommodate more friends and family (or renters) but every lucky person who was able to purchase in Snyder Park knew the limitations of their great investment. If it is too small for them they need to sell to someone with less space needs. Thank you for the assistance. Colleen and Joseph Grosz 211 Midland Ave Aspen 312-856-0032 6/14/2005 - ..... 1- ""'" 'V\\ b MEMORANDUM DATE: Mayor Klanderud and City Council ~ Joyce Allgaier, Community Development Deputy Director James Lindt, Senior PlanneuL Snyder Park Affordable Housing Project PUD Amendment, 1st Reading of Ordinance No~, Series of 2005, Public Hearinl! to be held on September 26, 2005 August 22, 2005 TO: THRU: FROM: RE: PROJECT: SNYDER PARK PUD AMENDMENT REQUEST: The Applicant is requesting a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the unfinished basements on the one-bedroom units to be finished with a variety of room uses, including bathrooms. ZONING: AHlPUD (Affordable Housing/PUD) LAND USE The Applicant is requesting approval of a PUD amendment to the REQUESTS: Snyder Park Affordable Housing PUD pursuant to the procedures established in Land Use Code Section 26.445.100(B), Amendment of PUD development order. STAFF Staff recommends approval with conditions. RECOMMENDATION: PLANNING AND The Planning and Zoning Commission recommended by a four to zero ZONING COMMTSSION vote that the City Council approve with conditions, a PUD RECOMMENDATION: amendment to allow for the unfinished basements at Snyder Park to be finished. LAND USE ACTIONS REQUESTED: The Applicant is requesting an amendment to the Snyder Park Affordable Housing PUD. City Council may approve, approve with conditions, or deny the PUD amendment request after considering a recommendation from the Planning and Zoning Commission pursuant to Land Use Code Section 26.445.100, Amendment of PUD Development Order. SUMMARY OF REQUEST AND BACKGROUND: The Applicant, Snyder Park Homeowner's Association, is requesting a PUD amendment to amend the PUD that was approved pursuant to Ordinance No. 24, Series of 1998 (attached as Exhibit "D"). Snyder Park consists of fifteen (15) units in total; six 3- bedroom units and nine I-bedroom units. The Applicant would like to amend the PUD to allow for the unfinished basements in eight (8) of the nine I-bedroom units to be finished with a variety of room uses, including - I - o '0 bathrooms. The ninth I-bedroom unit is not proposed for expansion because it is currently slab on grade construction. Originally, these units were approved to be built as slab-on-grade construction with no crawl spaces or basements. However, when the units came in for building permit, a crawl space was required to be constructed for egress purposes under each of the units. Subsequently during the excavation for the construction of the crawl spaces, the contractors ran into soils that were not good load bearing soils where the floor of the crawl spaces were to be built. In the end, the units were constructed with full-height, unfinished basements. Several of the units have since finished their basements, but they have not been allowed to include bedrooms or bathrooms because of the possible impacts associated with adding bedrooms to the site. As part of the original application made by the Applicant, the possibility to add bedrooms to the basements to be finished was requested. However, the Planning and Zoning Commission felt that the ability to add bedrooms intended for sleeping purposes to the basements would possibly exacerbate the parking problems that exist on Midland Avenue by allowing for more people to live within the development. As result of this concern, the Applicant revised their application to eliminate the request for bedrooms. STAFF COMMENTS: In reviewing the PUD amendment request, Staff feels that the flexibility that would be provided through this proposal allowing the i-bedroom affordable housing units to finish their unfinished basements is a positive action. As the application asserts, Staff feels that provisions for unit expandability are important in the development of affordable housing projects in order to allow for unit owners to hold onto their units longer as their families grow and they proceed through different life stages. And in the long run, Staff believes that longer occupancy of affordable housing units builds neighborhood coherence and character that we seek in Aspen. The issue of unit expandability received considerable discussion during the recent review of the Burlingame Affordable Housing Project and the majority of City Council felt that it was appropriate to include provisions for unit expandability in the Burlingame project. Applying the same logic to the Snyder Park project that was constructed in 1998, the Planning Staff and the Housing Board support the proposed request. As far as traffic and parking impacts are concerned, Staff felt that the addition of a bedroom to each of the eight (8) i-bedroom units as was originally requested would have had a minimal impact on both traffic and parking. The number of off-street parking spaces provided in the development is two (2) parking spaces for each of the units that contain two (2) or more bedrooms and one parking space for each of the units that currently contain one bedroom. Staff felt that the majority of the finished basement spaces that would result from this amendment would likely be used by people that already live in Snyder Park units and were not likely to create a significant increase in traffic or parking demand since they are in close proximity to the core of town and on an in-town bus route. - 2 - . o - . I ,'" ORDINANCE NO.~'& (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park Subdivision/PUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the Aspen/Pitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, the Planning and Zoning Commission expressed concerns that adding bedrooms to the basements to be finished would exacerbate parking issues in the area; and, WHEREAS, as a result of the Planning and Zoning Commission's expressed concerns about the addition of bedrooms exacerbating parking issues in the area, the Applicant amended their proposal to request to finish the 8 unfinished basements with room uses other than bedrooms; and, WHEREAS, during a continued public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of 2005, by a four to zero (4-0) vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements to include room uses other than bedrooms and full bathrooms; and, WHEREAS, during a public hearing on September 26, 2005, the Aspen City Council approved Ordinance No. _' Series of 2005, by a _ to _ L---.J vote, approving with conditions, a PUD amendment to the Snyder Park Affordable Housing f.".... , contain at most I toilet and I sink) in the basement as long as the other rooms are not intended to be used for sleeping purposes. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prioT ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on the ordinance shall be held on the 26th day of September, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of August, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of _ to _ L---..J, this 26th day of September, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney /"""" EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings In accordance with Section 26.445 of the Land Use Code, the Applicants have requested a PUD Amendment. Section 26.445.050, Review Standards: PUD Amendment Section 26.445 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed amendment is consistent with the affordable housing goals of the AACP. Staff feels that the amendment will allow for the homeowner's at Snyder Park to have the flexibility to occupy their units for the long-term and allow for the units to change with their different life stages allowing them to be vested members of the community as is encouraged by the Housing section of the AACP. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the proposed amendment is consistent with character of the existing land uses in the immediate area. The proposed amendment will not change the exterior aesthetics of the units in that unfinished basements already exist with the necessary egress. Moreover, the units will continue to be family-oriented affordable housing units. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the future development of the surrounding area in any manner. Thus, Staff finds this criterion not to be applicable to this application. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. - 4 - o Staff Finding The Applicants have already received the needed GMQS exemptions to construct the affordable housing, a GMQS exemption is not needed to finish the basements. Staff finds this criterion not to be applicable. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The proposed amendment does not impact the dimensional requirements that were approved in the original PUD. Staff finds this criterion not to be applicable to this application. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposed amendment does not impact the dimensional requirements that were approved in the original PUD. Staff finds this criterion not to be applicable to this application. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. - 5 - _~_",.-~>-__o~..,,,. .~.~..~"~.~_,_....~.-.-,_ .~~.;, will not be impact on the natural features of the site. Staff finds this criterion to be met 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding As was discussed in the body of the staff memo, Staff feels that allowing for the eight (8) unfinished basement spaces to be finished fosters long-term occupancy of the affordable housing units, which builds neighborhood coherence and character as is encouraged by the AACP. Staff finds this criterion to be met B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that the proposed amendment impacts the site design of the project Staff finds this criterion not to be applicable to this application. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Staff does not believe that the proposed amendment impacts open spaces or vistas on the site. Staff finds this criterion not to be applicable to this application. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. - 7 - ~ Staff Finding The proposed amendment will not impact the existing siting of structures on the parcel and will affect the extent to which the units are visually interesting. Staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Staff believes that the proposed amendment will not impact the emergency and service vehicle access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Staff believes that the proposed amendment will not impact the pedestrian and handicapped access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The proposed amendment will not impact the site drainage since the amendment will only impact interior space that is already built. Staff finds this criterion not to be applicable to this application. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding There are no non-residential land uses proposed as part of this amendment and no non- residential uses exist within the subject development. Staff finds this criterion not to be applicable to this application. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: - 8- .-- ,. 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding Staff does not believe that the proposed amendment will impact the landscaping plan that was approved in relation to the original PUD. Staff finds this criterion not to be applicable to this application. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that the proposed amendment will impact the existing natural or man-made site features any more than the original development plan. Staff finds this criterion not to be applicable to this application. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The site's landscaping will not be impacted by the proposed amendment. Staff finds this criterion not to be applicable to this application. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The proposed amendment will not alter the architecture and exterior design of the units in that the amendment is only requesting to finish interior space. Staff finds this criterion not to be applicable to this application. - 9 - o 8 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding Staff believes that the proposed amendment will not alter the extent to which the units incorporate natural heating and cooling systems. Staff finds this criterion not to be applicable to this application. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding Staff does not believe that the proposed amendment will impact the ability at which the development accommodates the shielding of snow, ice, and water in that the proposed amendment simply requests to finish interior space that already exists. Staff finds this criterion not to be applicable to this application. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: - 10- , , Staff Finding The affected utility agencies have reviewed the proposed plans and did not express any public infrastructure concerns. Staff finds this criterion to be met 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicants are not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicants will be required by the City to provide oversized utilities. This amendment will not impact the size of utilities or public facilities that are needed to accommodate the development Staff does not find this criterion to be applicable to this application. 1. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding This amendment does not impact the development's compliance with this requirement Provisions were made in the original PUD approval to insure the adequate access is provided to the development Staff finds this criterion not to be applicable to this application. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. - 12- Staff Finding Staff believes that the vehicular access points approved as part of the original development do not create traffic congestion on the surrounding roads. This amendment will not impact the development's compliance with this requirement. Staff finds this criterion not to be applicable to this application. J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on .mbsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding It is anticipated that all of the unit owners will not finish their basements right way upon approvaL The required park development impact fees shall be assessed in conjunction with issuance of a building permit to finish each individual basement. Each individual building permit shall require a construction management plan to minimize construction impacts on neighboring property owners. Staff finds this criterion to be met. - 13- - - ".J rowland+broughton architecture and urban design 27 April 2005 City of Aspen Community Development City of Aspen Housing Department Re: Snyder Park PUD Amendment Dear Sirs and Madams, Rowland + Broughton Architecture and Urban Design is representing the homeowner's at Snyder Park Affordable Housing Planned Unit Development in seeking a PUD Amendment. Snyder Park Affordable Housing PUD was approved in 1998. It has since been built with (15) affordable housing units, (6) three-bedroom units and (9) one-bedroom units. The one-bedroom units were all built with unfinished basements and window wells for egress. The plans originally called for slab on grade construction; however basements were added closer to construction. The owners of the one-bedroom units are interested in being able to fit-out their unfinished basements into a variety of uses. These uses include: home offices, playrooms, storage, bedrooms and bathrooms. Under the current approved PUD, additional bedrooms and bathrooms are not allowed. This application is asking for a PUD Amendment to allow the homeowners at Snyder Park the option to convert existing, unfinished basement space into a variety of different uses, including the possibility of a bedroom and bathroom. The review standards relevant to this application are the land use code for Planned Unit Development, Chapter 26.445. Specifically for our PUD Amendment, the following items apply: 26.445.050.A. 1- The proposed development shall be consistent with the Aspen Area Community Plan. Allowing for an additional bedroom and bathroom to be developed in the unfinished basements at Snyder Park directly relates to the goal of Aspen's affordable housing program to build community. Our community is based on a healthy mix of people, who can call Aspen home. Flexibility is a key component in creating the mix of people. Young people move to Aspen, often find a partner and possibly start a family. Our housing needs to allow for the flexibility of life and encourage roots to be established. 26.445.050.A.2- The proposed development shall be consistent with the character of existing land uses in the surrounding area. The east side of town is residential and is going through a major redevelopment. As house prices soar, more locals are forced out of the City. By allowing for an additional bedroom and bathroom to be developed in the unfinished basements, homeowners at Snyder Park will have more options to remain in residency in the City. The option to develop the unfinished basements gives the homeowner the ability to add value to their property all within the Housing Department's guidelines. 1 of 2. ~) :::..:~ :.:;{::--:,-; ~r ~.~ ""'~ <",0 <,,0 ?E""-l(D ag:::, ".. 0 -"-0 ....'0 a~~ g-; ~ 0.. ~ c-.. 10..... ".~- o~~ "- . OC-D) 0.. .. 3~'O < .. + ell :::l o~ n _n 0 =0 ~03~ 00", _N_ 00_ :etn.;. or'- _ 5..~~ "0 " _",0 o. 0, c"'... 100.. ".",. -' '" o~o ~"'o 0.....0) o to).; 3,. _ ;:;'" 0" ",? .", "'.. 0... ",. . to> -.. "''' ~'" ~, .'" " Snyder Pari< PUD Amendment Application 26.445.050.8.6- The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattem is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site c) The increase in maximum density results in a development pattem compatible with, and complimentary to, the surrounding existing and expected development pattem, land uses and characteristics. This PUD Amendment meets all of the conditions mentioned above. Through many conversations with both the City of Aspen Housing Board and City of Aspen Community Development, we strongly believe that by adopting a PUD Amendment to allow for the development of the unfinished basements at Snyder Park takes us further to the goal of flexible, diverse and balanced affordable housing. We welcome any conversation or questions regarding this application. ~ Sarah Broughton, AlA Cc: Snyder Park Homeowners 2 of 2. ~ ~Z~ 1~ = Suo,,", "', ~~~~~:;~:~~~~'~ ""+"~::lZ::l: ~'l~ 0\ jil', ~1 t""., -"'---... z W r"">, I--< VJ ~ ""'''a , ~"" ;o~ '" _01 ,;; ":.w,-.\\ , -,. . ~ , " ~"'-a ~ >s t, , .~ >'C, H jp'( , ;; " J! " ~ ~ -k !? ~ , , .", '" , , G , ~ ...--<<,.,. . f >1" _. ;'7 s "0 '''Pr~( o i /;..~ "'#'" "'.. *# . j'" . # < /...;/ ,-,;;';':"", ~."."",,,,,, . ~-~~ "'" "" "" """ . iil; <. ~ . -, Ex- I ) f' \'C Ii tll ~') ) - - / MEMORANDUM TO: James Lindt FROM: Cindy Christensen DATE: May 26, 2005 RE: SNYDER PARK PUD AMENDMENT ISSUE: The applicant is requesting approval to convert basement space in the one-bedroom units to additional bedrooms and an additional bathroom. BACKGROUND: Snyder Park employee housing was approved in 1998 and was sold in March of 2000. The project consists of a total of 15 units - 6 three-bedroom units and 9 one-bedroom units. The one-bedroom units were originally going to be built for slab-on-grade construction; however, unfinished basements were added closer to construction. The project was approved with basements but that no additional bedrooms or bathrooms could be added. The major concern revolved around potential parking issues. It has been the policy of the Housing Board that units be built with the ability for an owner to expand their unit. Providing unfinished basements is a good opportunity for an owner to do so. RECOMMENDATION: The Housing Board and Staff highly recommend the approval of this request. Cindy Christensen, 07:49 AMSl27/2005 , Re: Snyder Park Referral Page I of I X-Sender: cindyc@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Fri, 27 May 200507:49:47 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Cindy Christensen <cindyc@ci.aspen.co.us> Subject: Re: Snyder Park Referral X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean No. I do not want to change the bedroom count. This is normal for the housing office when someone encloses a loft and creates another bedroom, we do not do a new deed restriction or market the unit any different than how it went into the inventory. Therefore, a new deed restriction would not be needed. At 12:49 PM 5/26/2005 ,you wrote: Cindy, It makes sense, but the one thing I wanted to ask you is whether you recommend that the units still be sold as one-bedroom units or whether the owners would get the benefit of being able sale their unit as a two-bedroom unit. Also, I was thinking that we should require them to record a new deed restriction on each of the units reflecting the new number of bedrooms prior to receiving a CO for each ofthe individual units. Any thoughts on this? Thanks, James At II :32 AM 5/26/2005 , you wrote: See if the attached makes sense. The Housing Board is so for this and I hope I expressed that enough. Cindy Christensen Operations Manager, Housing Office x5455 Cindy Christensen Operations Manager, Housing Office x5455 Printed for James Lindt <jamesl@ci.aspen.co.us> 5/31/2005 Jerry Nye, 10:45 AM 6/29/20('1; ,Re: Midland Avenue Page 1 of 1 X-Sender: jerryn@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Wed, 29 Jun 200510:45:50 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Jerry Nye <jerryn@ci.aspen.co.us> Subject: Re: Midland Avenue X-MailScanner-Information: Please contact the lSP for more information X-MailScanner: Found to be clean yes we do. i don't know if it is owners and guests of Snyder park, but their is always a lot of parked cars on the street just like every other street in town. At 10:37 AM 6/29/2005, you wrote: Hi Jerry, We have an application in for the homeowners in the Snyder Affordable Housing Project off of Midland Ave. to finish the space in their unfinished basements. Two neighbors of the project have argued to Staff that during the winter months, many of the owners and guests of Snyder park their cars on Midland Ave. making it impossible for you guys to plow Midland Ave. in this area. Do you have problems with Midland Ave. during the winter as they describe? Please let me know. Thanks, James Jerry L. Nye Streets Dept. x 5133 Printed for James Lindt <jamesl@ci.aspen.co.us> 6/29/2005 , ~ --. ~ ~ Gill ,1:) 1'1-- '''{J (/ ORDINANCE NO. 24 (SERIES OF ] 998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PITKIN COUNTY ZONE DISTRICT "MODERATE DENSITY RESIDENTIAL" (R-1S) TO CITY OF ASPEN ZONE DISTRICT "AFFORDABLE HOUSING-PLANNED UNIT DEVELOPMENT" (ARt-PUD); CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, AN EXEl'vIPTION FROM THE GROWTH MANAGEMENT COMPETITION Al\'D SCORING PROCEDURES, APPROVAL OF THE METHOD IN WInCH AFFORDABLE HOUSING IS TO BE PROVIDED, AND W AlVER OF THE LAND USE APPLICATION, ZONING, AND PARK DEVELOPMENT IMP ACT FEES FOR THE "SNYDER PARK" AFFORDABLE HOUSING AND NEIGHBORHOOD PARK PROJECT, 210 MIDLAND AVENUE, CITY . OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, The Aspen/Pitkin County Housing Authority, represented by David Tolen, Director, (Applicant) submitted an application (development proposal) to the Planning Office to develop fifteen (15) affordable dwelling units on a 3.3 acre parcel at 2]0 Midland Avenue, known as the "Snyder Parcd;" and, WHEREAS, the applicant has requested a rezoning of the parcel from Pitkin County Moderate Density Residential Zone District (R-15) to Affordable Housing-Planned Unit Development (AHl-PUD) in conjunction \\~th an application for Annexation, Conceptual and Final Planned Unit Development approval, Subdivision approval, Special Review approval to establish the parking requirements, waivers from the "Residential Design Standards", an exemption from the competition and scoring procedures of the Growth Management Quota System, approval of the method in which the affordable housing is to be pro\~ded, and waiver of land use, zoning, and park development impact fees; and \VHEREAS, the Planning Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26,28, 26.32, 26.44, 26.52, 26.56, 26.58, 26.64, 26.84, 26.88, 26.92, and 26.1 00 of the Municipal Code; and, WHEREAS, the Growth Management Commission conducted a public hearing on June 30, ] 998, in accordance with Section 26.52 of the Municipal Code, reviewed and considered the development proposal in accordance with those procedures set forth in Sections 26.52 and 26.100 Ordinance No. 24, Series 1998 Page I e-, ~, .-... -"", of the Municipal Code, and recommended approval for an exemption from the Growth Management Quota System and approval of the method in which affordable housing is being provided; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on June 30, 1998, in accordance with Section 26.52 ofthe Municipal Code, reviewed the development proposal in accordance with all applicable procedures and review criteria set forth in Sections 26.28, 26.32, 26.52,26.58,26.64,26.84,26.88, and 26.92 of the Municipal Code, denied, the Special Review to establish the parking requirements, denied the request to waive provisions of the "Residential Design Standards," and reconunended Council deny the Amendment to the Official Zone District Map, Conceptual and Final Plarmed Unit Development, and Subdivision; and, WlIEREAS, the Aspen City COW1cil has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28, 26.32, 26.44, 26.52, 26.58, 26.64, 26.84, 26.88, 26.92, and 26.1 00 of the Municipal Code, has reviewed and considered those recommendations and denials by the Growth Management Conunission, the Planning and Zoning Commission, and the Housing Authority, and has taken and considered public comment at a public hearing; and, WHEREAS, the Council found that a full four step PUD review process would be redundant and serve no public purpose and a two step consolidated PUD review process would be more appropriate; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent v.~th the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City COW1cil finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COVNCIL OF THE CITY OF ASPEN, COLORADO as follows: Ordinance No. 24, Series J 998 Page 2 --~_..,"' ,...>",._.----~-- ~. er- I ~. ..."",- , , Section 1: That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as described on the final plat, from Pitkin County Zone District "Moderate Density Residential" (R- 15) to "Affordable Housing -Planned Unit Development" (AHl-PUD). Section 2: The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to retlect the amendment as set forth in Section 1 above. Section 3: Pursuant to Section 26.84.030 of the Municipal Code, City Council finds that a four step review pTOceSS would be redundant and serve no public purpose and approves a consolidated two step PUD review process. Section 4: Pursuant to Sections 26.28, 26.44, 26.52, 26.84, 26.88, 26.92, and 26.1 00, and subject to those conditions of approval as specified hereinafter, the City Council hereby grants approval for an amendment to the Official Zone District Map, Planned Unit Development approval, Subdivision approval, exemption from the Growth Management Quota System scoring and competition procedure for affordable housing, approval of the method of providing affordable housing, and waiver of the land use and park development impact fees for "Snyder Park", with the following conditions: 1. Recommendations made by the Planning and Zoning Commission and the Growth Management Commission are subject to annexation of the property into the City of Aspen. Failure to complete annexation shall render these recommendations void. 2. The Final PUD I Subdivision plat shall include all necessary plat requirements of the City Engineer including site plans, grading plans, architectural plans and elevatiolls, and a landscape plan. In addition, the plat shall show each parcel created, a permanent access easement across the park parcel to the housing parcel along the access drive, a permanent access easement across the park parcel for the ADA accessible trail from the proposed parking area to the housing courtyard, a permanent Ordinance No. 24, Series 1998 Page 3 ~. e/,",,\ e- .-' . , easement for the proposed bus shelter. Adequate snow storage areas shall be delineated on the final plat. All utility easements shall be shown, an easement shall be granted to the City Parks Department for maintenance of the proposed Ditch along the east and north property boundaries. The plat shall delineate the required monuments for each comer of each parcel and range point( s), and shall show an approved street name for the proposed access drive. 3. Prior to issuance of a building permit, the final plat shall be approved and recorded and the applicant shall record a Subdivision/POO agreement binding the property to this development order. The agreement shall be approved by the City Attorney prior to recordation. 4. The SubdivisionlPUD agreement shall describe maintenance of the housing parcel's common areas, maintenance of the access way on both parcels, and a 2 year guarantee on landscape improvements for the housing parcel, including trees, st81ting on the issuance day of the last Certificate of Occupancy for a housing unit. 5. Prior to issuance of a building permit, all utility construction plans shall be approved by the City Engineer of the appropriate utility agency. The applicant is responsible for necessary utility upgrades related to the development, including City Water and sanitary sewer service. The applicant shall coordinate utility upgrades, when appropriate, with surrounding development. Landscape improvements within utility easements shall be approved by the respective utility agency. 6. Prior to issuance ofa building permit, the Fire Marshall shaH approve the development plans. The structures shall be sprinkled. 7. Prior to issuance of a building permit, the City Engineer shall approve the applicant's Drainage Plan which shall be prepared based on a 2 year event cycle, and include lining the ponds to prevent seepage to Midland Avenue, and accepting historical drainage from Midland Avenue. The plan shall ensure no sediment loaded drainage will be leaving the property during and after construction and that mud will not be Iracked onto City Streets during construction. 8. Construction vehicles, including personal vehicles, and material may only be stored on the subject property and may not encroach on City Streets. 9. Prior to jssuance of a building penn it, the Environmental Health Department shall approve the applicant's Dust Control plan and Air Quality Mitigation Plan. All Air quality mitigation measure shall be installed prior 10 issuance of a Certificate of Occupancy. 10. Prior 10 issuance ofa building permit, the applicant shall pay the applicable school land dedication fees for each unit. The fee is $327 for each one-bedroom unit and $4,447 for each three bedroom unit. $29,625 tOlaL i 1. The applicant shall coordinate construction activilies for improvement to Midland Avenue with the City Engineer. Prior to issuance of a Certificate of Occupancy, the applicant shall install a pedestrian path along the property to the intersection of Highway 82, and shall repair with a full width patch the disrupted portions of Midland Avenue. In order to minimize the disruption to Midland Avenue, The City Engineer shaU coordinate speed hump improvements along Midland with the applicant's development schedule. 12. The applicant shall install a stop sign at the access way exit and the necessary street lights required by the City Engineer. Placement and standards for these improvements shall be approved by the City Engineer. Ordinance No. 24, Series] 998 Page 4 .r-, .~ ~. -", 13. The applicant shall post the 4 "park" parking spaces as two hour parking. The condomininm documents or homeowners association documents shall state the nature of this parking as available for temporary or guest parking but not for the purpose of long-term parking. 14. The applicant shall specify cotton-less varieties of Cottonwood trees for construction drawings. 15. All site lighting sball be downcast and lighting sball not be used to accentuate landscape or architectural elements. The Parks Department is encouraged to provide lighting bollards along the proposed trail parallel to Midland Avenue at either side of the access way, at the northern intersection of the trail witb midland Avenue, one at the "TOO intersection near the soutb-western property boundary, and one near the proposed steps to the upper bench grass area. 16. The dimensional requirements for tbe parcel are as follows; As represented on Final Plat As represented proposed elevations and recorded with Final Plat As represented on Final Plat As represented on Final Plat As represented on Final Plat No requirement. As represented on Final Plat Minimum 10' wide, unobstructed. Allowable Floor Area = 21,500 square feet. Minimum percent open space. As represented on Final Plat 17. Prior to issuance of a building permit, the applicant shall complete andrecord an agreement to join any future improvement districts for the purpose of constructing public right-of-way improvements. This requirement may be waived of the improvements are proposed as part of the development. 18. Prior to issuance of a building permit, the applicant shall submit GIS data including property lines, building footprints, easements, and encroachments. 19. All utility meters and any llew utility pedestals or transfonners must be installed on the applicant's property and not ill allY public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the Fjnal Plat. Meter locations must be accessible for reading and may not be obstructed. Minimum distance between buildings Maximum height (including viewplanes) Minimum front yard Minimum rear yard Minjmum side yard Minimum lot width Minimum lot area Trash access area Internal floor area ratio 20. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for mailboxes and landscaping from the City Streets Department. 21. The applicant should be aware of the City's noise ordinance prohjbiting construction between 10 p.m. and 7 a.m. The applicant shall observe concerns of neighbors by ceasing outdoor mechanical activity past 7 p.m. each night. 22. The applicant shall record the Planning and Zoning Resolution and the Gro\Nth Management Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee TO the City Clerk who will record the resolution. Ordinance No. 24, Series] 998 Page 5 -- er" , e- -~, 23. The pedestrian path proposed to provide handicapped access to the upper courtyard from the south end of the parking area shall be designed to acc<>tnmodate limited automobile access from the parking area to the intersection of the courtyard loop path. 24. The applicant shall not be responsible for any Land Use Application fees, Water Tap, or Park Development Impact fees associated with this development. 25. Residential Design Standards for Building Orientation and Garage Placement for the housing portion of this development are hereby waived. Any substantial changes to the housing development as proposed which affect the elements being granted a waiver, or which require anadditionltl waiver, shall only be approved by the Design Review Appeal Committee (DRAC). 26. The parking requirements are established at 21 and 4 spaces respectively f<>r the housing and park parcel of this development. The 4 parking spaces for the park development shall be signed for two hour (maximwn) parking and the homeowner's documents for the housing development shall state that the 4 spaces may be used for temporary or guest parking, but not for long tenn parking, 27. The City Council hereby grants an exemption from the scoring and competition procedures of the growth management quota system for fifteen (15) affordable housing units and deducts these units from the annual pool of development allotments, 28. The project shall consist of fifteen (15) affordable housing units deed restricted to Category sale prices and restrictions and shall be available through the Housing Authority Lottery System, The one. bedroom units shall be Category 3, or lower, the three-bedroom units shall be Category 4, or lower, This is the "method" approved by City CounciL Section 5: All material represen1ations and commitments made by ilie developer put'suant to the developmen1 proposal approvals as herein awarded, whether in public hearing or documentation presented before the Gro",-th Management Commission, Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied \~ith as if fully set forth herein, unless amended by oilier speci1ic conditions. Section 6; This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending wlder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. 24, Series] 998 Page 6 ~, .~, ~ "^' Section 7: lf any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 9: A public hearing on the Ordinance shall be held on the 27th day of July, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation ",ithin the City of Aspen, Ordinance No. 24, Series 1998 J>age7 e-' --. ~. .~ /'. ~ . INTRODUCED, READ At'lD ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of July, 1998. Approved as to form: Approved as to content: " 2?/P/~ City Attorney ~{J~ fI John Bennett, Mayor Attest: . .' FINALLY, adopted, passed and approved this ~ day 0 Approved as to form: s to content: (,/~~/fo/~ City Attorney ~ 17~~1 John Bennett, Mayor Attest: vfk Ordinance No. 14, Series 1998 Page 8 Prestridge@aoLcom. 08: 10 PM 6/lS/200S , Snyder Park Pud Amendme~t Page 1 of 1 0xh)'loJ- It 1/ From: Prestridge@aoLcom Date: Wed, IS Jun200S 22:10:48 EDT Subject: Snyder Park Pud Amendment To: jamesl@ci.aspen.co.us X-Mailer: 9.0 SE for Windows sub SOlI X-Processed-By: Rebuild vl.SO-l X-Spam: [F=0.0001264228; B=O.SOO(O); BMI=O.SOO(none); S=0.010(200S0Sl80l); MH=O.SSO (200S06lSl3); R=0.010(s4SS/n444S6); SC=none] X-MAIL-FROM: <prestridge@aoLcom> X-SOURCE-IP: [64.12.137.1] X-MailScanner-lnformation: Please contact the ISP for more information X-MailScanner: Found to be clean Dear Mr. Lindt: We received Public Notice regarding the SNYDER PARK PUD AMENDMENT. We are property owners across the street from Snyder Park at 215 Midland Avenue. We object to the amendment to increase their finished space due to the fact that by allowing this project to increase the size of their homes, it will certainly create additional parking problems for not only the residents who live at Snyder Park, but the neighbors as well. The parking directly across from our Aspen home is always being used by either the residents who live in Snyder Park or people who commute, using this parking area for their meeting place. The autos, as well as trucks with trailers monopolize the parking spaces, sometimes for several days without moving them. There is no regard for the posted parking restrictions or the enforcement thereof. The snowplows cannot clean that portion of Midland Avenue and it becomes a hazard in the winter time. Kindly note our objection at the meeting since we will not be able to attend. This email can be entered into the record and we would appreciate you doing so. We would appreciate being advised on this matter. If you need anything further, please let us know. Yours very truly, Felix and Carolyne DeJean 215 Midland Avenue Aspen, CO 81611 337 -942-6428 Email: PrestriQge@aol.gQm Printed for James Lindt <jamesl@)ci.aspen.co.us> 6/16/200S Joseph Grosz, 01:0S PM 6/1""" ""OS , 210 Midland Ave, Aspen, Co Page 1 of2 From: "Joseph Grosz" <jg@premierinvest.net> To: "james lindt" <jamesl@ci.aspen.co.us> Subject: 210 Midland Ave, Aspen, Co Date: Tue, 14 Jun 200S 14:0S:13 -OSOO X-Mailer: Microsoft Outlook Express 6.00.2900.2180 X-Spam: [F=O.OIOOOOOOOO; heur=O.SOO(lSOO); stat=0.010; spamtraq-heur=0.SOO(200S06l409)] X-MAlL-FROM: <jg@premierinvest.net> . X-SOURCE-lP: [64.143.143.167] X-Loop-Detect: 1 X-DistLoop-Detect: I X-Processed-By: Rebuild vLSO-l X-Spam: [F=0.0060679l20; B=O.SOO(O); BMl=O.SOO(none); S=0.010(200S0S1801); MH=O.SOO (200S061409); R=0.376(s30611/nS0648); SC=none] X - MAIL-FROM: <jg@premierinvest.net> X-SOURCE-lP: [2l6.l73.237.16S] X-MailScanner-lnformation: Please contact the ISP for more information X'MailScanner: Found to be clean Dear Mr. Lindt, We received the Public Notice regarding the SNYDER PARK PUD AMENDMENT. We own the property at 211 Midland Ave, directly across from Snyder Park. Please inform us of the procedure to object to this Amendment since we will not be able to attend the public hearing. We strongly object to the increase in finished space. This will allow additional occupancy without additional parking. The Snyder development currently has more cars per occupant than can be parked inside the complex and that does not address visitors. The current parking situation at Snyder development is causing problems for us at 211 Midland. Cars belonging to the occupants and visitors are parked in violation of the parking restrictions for the street of 2 hour limits for park use. They are NOT using the park and they are way beyond the two hours. (Days beyond at times) It is almost impossible to get out of our driveway in the winter and difficult in the summer. The posted parking signs are being ignored and the police NEVER enforce the two hour parking limit, while using the Park. The Police only act after phone calls informing them the car has been parked for longer than a few days. What is the FAR for these units at Snyder? It seems to us that they probably have maxed the allowed FAR at time of original construction. PARKING IS A MAJOR PROBLEM, IN THE WINTER when owners/occupants/visitors from SNYDER DEVELOPMENT park their CARS OVERNIGHT AND IT SNOWS. THE STREET CANNOT BE CLEANED BY SNOWPLOWS CAUSING ICING AND THEREFORE MAJOR SLIDING PROBLEMS FOR ACCESS TO OUR DRIVEWAY. MORE BEDROOMS WILL EQUATE TO MORE CARS AND THEREFORE, WE STRONGLY OBJECT TO THE APPROVAL OF THIS AMENDMENT. We realize everyone would like more space in Aspen to accommodate more friends and family (or renters) but every lucky person who was able to purchase in Snyder Park knew the limitations of their great investment If it is too small for them they need to sell to someone with less space needs. Thank you for the assistance. Colleen and Joseph Grosz 211 Midland Ave Aspen Printed for James Lindt <jamesl@ci.aspen.co.us> 6/14/200S ~""'''~''._'~_'''T"'<'''''''''''''-<'' ~.",,, Mk~ ~M,t5 U",A,-r ~'. 3,^,~ ?h'f"" ~~O ....' .,,- . J.I,\ ~f'\ I -;z 0,"'5 , :j-aWILS. 1"\-\\S k#\f' is -\J '\V\~.,..IL ()\J\f' {OY\u.....5 'ill:1ou-r a\\Ow~, ;-t~ $KiI-U\I" \ eo... 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A\ . f/~v- -r p.$~~( ~~ ~ A~~ P...~. , . AI Beyer Design Inc. . 410 North M'II 5 _ I treet.B-l1'As C ! 1 'd pen" olorado 81611 ' 970'925-8339 "" 0"''" ".00'" 'GO ';~"G:O:;': W' "' 05 11:48a Al"e~er Aw,v,. j~,,^H \',,,,,(t 9' '258392 p.l July 4, 2005 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, CO 81611 Subject: Snyder Park Affordable Housing PUD Amendment I am writing to express my concern about the proposed conversion of the basement areas of the one bedroom units in Snyder Park Affordable Housing, making those units into two bedroom units. A significant number of the residents of the surrounding neighborhoods participated in an approximately three year review process with the Housing Authority, City of Aspen advisory boards, and the City Council prior to the approval and implementation of the current PUD. Before establishing the current density of the development, there was significant analysis and study of many potential scenarios, of their impact on the development itself, and on the surrounding neighborhoods. That plan provided for a reasonable balance of new housing density as measured against other neighborhood impacts. To put that process into perspective, it is interesting to note that Snyder Park was one of the few projects that ever received solid neighborhood support when submitted to City Council for approval. During the years since approval, we have seen that some of the development goals were met, but we underestimated the need for off-street parking. This can be readily observed by the number of vehicles associated with Snyder Park which are regularly parked along Midland Avenue. I also believe that this application proposes a precedent inconsistent with the reputation and credibility of the Housing Authority. Neighbors and residents of affordable housing should have the assurance that the approved density will not be subject to significant modification once the projects are developed and purchased by residents. By my calculations this would constitute a 33% increase in the number of bedrooms at Snyder Park. I expect there are residents in other than one-bedroom units who may not feel free to voice their objection because of the potential for neighborhood conflict. The notice for this application does not indicate how many additional parking spaces are proposed to accommodate the increased number of residents. This increase in residents may not occur immediately, but certainly will in the future. In summary, I believe that the proposed PUD amendment should be denied, as it will produce a development density in excess of that planned for this location, and will set a precedent that is highly undesirable. Likely, the next amendment would be to convert garages to bedrooms or other living space, thus creating additional impacts. Thank you for your consideration, Evan H Gull 25 Ardmore Court Aspen, CO 81611 Joseph Grosz, 01:0S PM 6/11....."" OS, 210 Midland Ave, Aspen, Co Page 1 of2 From: "Joseph Grosz" <jg@premierinvesLnet> To: "james lindt" <jamesl@ci.aspen.co.us> Subject: 210 Midland Ave, Aspen, Co Date: Tue, 14 Jun 200S l4:0S:13 -OSOO X-Mailer: Microsoft Outlook Express 6.00.2900.2180 X-Spam: [F=0.0100000000; heur=O.SOO(lSOO); stat=0.010; spamtraq-heur=0.SOO(200S061409)] X-MAIL-FROM: <jg@premierinvesLnet> X-SOURCE-IP: [64.143.143.167] X-Loop-Detect: I X-DistLoop-Detect: I X-Processed-By: Rebuild v1.50-1 X-Spam: [F=0.0060679120; B=O.SOO(O); BMI=O.SOO(none); S=0.010(200S0Sl80l); MH=O.SOO (200S06l409); R=0.376(s306lllnS0648); SC=none] X - MAIL-FROM: <j g@premierinvest.net> X-SOURCE-IP: [2l6.173.237.16S] X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Dear Mr. Lindt, We received the Public Notice regarding the SNYDER PARK PUD AMENDMENT. We own the property at 211 Midland Ave, directly across from Snyder Park. Please inform us of the procedure to object to this Amendment since we will not be able to attend the public hearing. We strongly object to the increase in finished space. This will allow additional occupancy without additional parking. The Snyder development currently has more cars per occupant than can be parked inside the complex and that does not address visitors. The current parking situation at Snyder development is causing problems for us at 211 Midland. Cars belonging to the occupants and visitors are parked in violation of the parking restrictions for the street of 2 hour limits for park use. They are NOT using the park and they are way beyond the two hours. (Days beyond at times) It is almost impossible to get out of our driveway in the winter and difficult in the summer. The posted parking signs are being ignored and the police NEVER enforce the two hour parking limit, while using the Park. The Police only act after phone calls informing them the car has been parked for longer than a few days. What is the FAR for these units at Snyder? It seems to us that they probably have maxed the allowed FAR at time of original construction. PARKING IS A MAJOR PROBLEM, IN THE WINTER when ownersloccupants/visitors from SNYDER DEVELOPMENT park their CARS OVERNIGHT AND IT SNOWS. THE STREET CANNOT BE CLEANED BY SNOWPLOWS CAUSING ICING AND THEREFORE MAJOR SLIDING PROBLEMS FOR ACCESS TO OUR DRIVEWAY MORE BEDROOMS WILL EQUATE TO MORE CARS AND THEREFORE, WE STRONGLY OBJECT TO THE APPROVAL OF THIS AMENDMENT We realize everyone would like more space in Aspen to accommodate more friends and family (or renters) but every lucky person who was able to purchase in Snyder Park knew the limitations of their great investment. If it is too small for them they need to sell to someone with less space needs. Thank you for the assistance. Colleen and Joseph Grosz 211 Midland Ave Aspen Pr;ntp~ fnr hm"s T .inch <iameslia)Ci.asoen.co.us> 6/14/200S I... H' Architects Heidi H. Hoffmann, AlA 504 Midland park PI. Aspen, CO 81611 970/925.9420 Fax 970/925.4671 hhI1arch@rof.net July 19,2005 City of Aspen P&Z C/O James Lindt 130 S. Galena . Aspen, CO 81611 RE: Snyder Park PUD To Whom It May Concern: I would like to extend my support to the homeowners at Snyder Park to amend the existing PUD to allow the basements of the one-bedroom units to be remodeled to include a bedroom and bath. As one of the architects on the project and a neighbor, I feel this modification should not impact the intent of our affordable housing program nor the neighborhood. The Housing Authority approved the addition of basements to these one-bedroom units to locate the mechanical and plumbing equipment and for desperately needed storage space. Due to code requirements, these basements already have an adequate egress window meeting light and ventilation requirements for a potential bedroom. It is my recollection that only three out of the nine one-bedroom units have access off the living rooms into the bathroom. All the other units require any guest to go through the bedroom to use the bathroom. In speaking to Antoinette Lafontaine (a one-bedroom homeowner), she has assured me that this modification is strictly for the convenience to guests and would not require additional parking. All of the current homeowners are original, and their requirements have evolved either from marriage, visiting grandchildren, etc. My belief if someone were to try and rent out their basement, the homeowner's association board would get wind of this immediately and put out notice to the offending homeowner. Thank you for the opportunity to support the passage of this PUD amendment. Very truly yours, ct/?1CiA' ~~ Heidi H. Hoffmann AlA Heidi H. Hoffmann AIA H3 Architects 504 Midland Pk. PI. Aspen, CO 81611 970 925 9420 hhharch@rof.net August 2, 2005 City of Aspen P&Z C/O James Lindt 130 S. Galena Aspen, CO 81611 RE: Snyder Park PUD Amendment To Whom It May Concern: I would like to extend my support to the homeowners at Snyder Park to amend the existing PUD to allow the finishing off of their basements to include uses other than bedroom use. As a neighbor and associate architect on the project, this amendment should not impact the intent of the affordable housing program to provide for one-bedroom housing nor automobile parking on Midland Avenue. That being said, I would encourage the Snyder Park homeowners to strictly monitor their own parking situation and be responsive to their neighbor's parking and driving concerns. The issue of current parking spots not being used for their intended use needs to be addressed by the homeowners themselves. Thank you for the opportunity to support the passage of this PUD amendment. Very truly yours, Heidi H. Hoffmann AlA ~...~"",,,_,~,..,......___,~'.k- ..",_.,~--,.""..---"."--,,,...~...,-~,.--- t 'l [l ,\ EK1\01f FfI RESOLUTION NO. 22 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park Subdivision/PUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the Aspen/Pitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, during a duly noticed public hearing on July 5, 2005, the Planning and Zoning Commission continued review of the application until July 19,2005; and, WHEREAS, during a continued public hearing on July 19, 2005, the Planning and Zoning Commission continued review of the application until August 2, 2005; and, WHEREAS, during a continued public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of 2005, by a four to zero (4-0) vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD allowing for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible I-bedroom unit because it does not have an unfinished basement) to be finished, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittaL 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit. 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The basements in the eight I-bedroom units shall not be allowed to include bedrooms. Bedrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language shall not preclude the owners from having the ability to install a powderoom (to only contain at most I toilet and I sink) in the basement as long as the other rooms are not intended to be used for sleeping purposes. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or -""._..._---^','"....._~_...,~ amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk BhJlo/1 \~I' ASPEN PLANNIN'tJ & ZONING COMMISSION - Minutes - Julv 19,2005 Jasmine Tygre opened the regular Planning and Zoning Commission Meeting in Council Chambers at 4:30 p.m. Commission Members Brian Speck, Brandon Marion, Dylan Johns, Steve Skadron and Jasmine Tygre were present. Ruth Kruger and John Rowland were excused. Staff in attendance were Jennifer Phelan, Chris Bendon and James Lindt, Community Development and Jackie Lothian, Deputy City Clerk. COMMENTS Steve Skadron complimented the city on the signage on the pathways in town. Jasmine Tygre asked if the Zupancis property was purchased with housing funds. Joyce Allgaier would look into it. Tygre stated that was an excellent location for infill housing. DECLARATION OF CONFLICTS OF INTEREST John Rowland rescued himself on the Snyder Affordable Housing PUD Amendment and the Hyman Avenue Condominiums, Subdivision and GMQS. CONTINUED PUBLIC HEARING (07/05/05): SNYDER AFFORDABLE HOUSING PUD AMENDMENT Jasmine Tygre opened the public hearing for the Snyder Affordable Housing PUD Amendment. Notice was provided at the July 5th public hearing. James Lindt stated this was a public hearing to finish out 8 of the I-bedroom unit basements. P&Z is the recommending body to City Council. Lindt said the background on the project was constructing 15 Affordable Housing Units on the East side of Midland Avenue; 6 3-bedroom units and 9 I-bedroom units. The I-bedroom units were originally approved with slab-on-grade construction however when they got into building permit review the building department required crawl spaces under the units. When the contractor began digging the crawl spaces the soil problems were found and full basements were dug to eliminate the soil problems; the basements have been unfinished to this point. Lindt said the Homeowners Association is requesting the ability to finish these basements with a variety of room uses. Staff felt it important to have the expandability options for some of these affordable housing units; it allows unit owners to maintain their units through different life stages. Lindt noted there were a number of letters from neighbors with concerns about the parking and traffic on Midland Avenue. Staff proposed a condition that these basements would be limited to I additional bedroom per unit partially because there is only one egress well and it limits the impacts of parking. Staff recommended approval. 2 ASPEN PLANNING & ZONING COMMISSION - Minutes - Julv 19,2005 Sarah Broughton stated she represented Snyder Park and Dan Glick said he was one ofthe I-bedroom owners. Broughton said last fall they looked at developing several of the basements for several of the homeowners and it became evident that this was not part ofthe PUD. Broughton said this went back to the Aspen Area Community Plan to add more housing stock and the Housing Board was 100% behind finishing the basements. Broughton stated that 8 of the 9 I-bedroom units have the ability to expand; the 9th unit was slab-on-grade with a garage. Broughton said they agree with the conditions and no cooking facilities would be placed in the basements so the basements could not be rented as an additional unit and the units would remain as I-bedroom units in the housing inventory. Dan Glick provided the history of Snyder beginning with the lottery process and the units were ready to be moved into in February 2000; he said there were 850 applicants for the 15 units. Glick said 5Yz years later no one has moved out or is planning on moving out; he said it was a great community and an awesome place to live. Glick stated that he videoed the parking situation. Glick explained on the map where the 8 I-bedroom unit owners park and the 3-bedroom unit owners have 2-car garages. Glick saw 4 Snyder Park residents cars on Midland. Steve Skadron asked if it was Dan's contention that Midland Avenue was not over parked. Glick said no but the construction traffic and people park over 2 hours in the 2 hour zone plus it was not well policed. Skadron asked who determined the amount of parking available on the streets. Lindt replied the City Engineer and the Streets Department determine the adequacy and safety. Skadron asked ifthere were concerns. Lindt responded that Jerry Nye from Streets said there was a little trouble plowing there in the winter because of parked cars. Skadron asked why in the original Ordinance #24, 1998 wasn't expandability included. Tygre responded that it was never even brought up at P&Z. Skadron asked how the improvement affects the value of the property over time. Lindt replied there was a cap either way because they were affordable housing units and even with the improvements the units would be considered I-bedrooms. Lindt stated there was a condition in the resolution allowing a 10% cap for the improvements. Skadron asked what slab-on-grade means. Broughton answered it was a way to build a foundation with a gravel base with 4-5 inch concrete pad without a crawl space or basement underneath. Brandon Marion asked the parking requirement if the project were built today with 8 2-bedroom units instead of I-bedroom units. Lindt replied that it would increase by I space per unit. 3 ASPEN PLANNIN'\j & ZONING COMMISSION - Minutes - Julv 19,2005 Dylan Johns asked if any other studies have been done to add parking to this site. Lindt said the applicants have looked at that and staff also did separately. Staff would not like to see a loss of the courtyard area for additional parking. Broughton said that more parking could be planned in but it was a delicate balance with the open space area so important to this project; it would cost part of the park. The commissioners further discussed parking within the realm of limiting the amount of available parking or not allowing more than I car per I-bedroom unit; the enforcement issue; limiting parking stickers; more signs; the applicant become responsible for policing the cars from Snyder owners. Skadron asked the profiles of the people living at Snyder. Glick replied that all of the I-bedrooms were single people except for the one that got married; the 3- bedrooms units were families or starting families. Johns asked if it was possible to say that you can inhabit the space but not with a bedroom and was that enforceable. Lindt replied that could happen and it also could be enforced. Lindt explained the building code requirements stated a bedroom had a closet and direct access to a bathroom. Lindt said that the building department would be made aware if someone were living in the basements by the other owners. Public Comments: I. Heidi Hoffman said that she was the co-architect on the Snyder project; she provided a letter to the commission. Hoffman said that she was in favor of the PUD Amendment even though Midland Avenue was an issue but agreed with Dan that people park on Midland from someplace else. Hoffman said the mechanical was to go into the basements. 2. Lassie Dahl worked on the project for 3 years and supported it. Dahl said this amendment was now inconsistent with the reputation and creditability of the housing authority. Dahl would like to see Snyder Park maintained at the same status and questioned the homeowners policing the parking and the units. Dahl said she understood a lot of the traffic was construction traffic. Dahl voiced concern for the additional parking on the site and the addition of a bathroom. 3. Steve Hawk said that he lived in the adjacent subdivision, Smuggler Grove, and was in favor of the project. Hawk said that he attended monthly meetings for 36 months on Snyder and part of the discussions were how many bedrooms there would be; parking was part of the problem and was not enforced. Hawk said this degrades the integrity of the housing authority to have a I-bedroom and without 4 ASPEN PLANNING & ZONING COMMISSION - Minutes - Julv 19,2005 changing the qualifications of the purchasers and they now have 2-bedroom units. Hawk said this would increase the density and add more cars. 4. Nancy Snell stated she lived on the comer of Midland and Hopkins; she said that it was a long 3 years working on the project with both sides winning and losing. Snell said that was what they fought for was not to have cars parked there; the issue of I-bedrooms was a big issue. Snell said where there is a bedroom there is a car; she would like to stick with the formula that was agreed upon. Dylan Johns stated that there were serious issues allowing the ability of bedroom to be added to the basement level of the buildings from both the planning standpoint of the overall neighborhood. Johns said however the space is there and asked if it is possible to prohibit the ability to utilize that space as a bedroom; the conditions make the issue strange calling it a I-bedroom or a 2-bedroom. Johns would be in favor of allowing an amendment to the PUD to allow the basement spaces to be used but not as a bedroom. Brandon Marion said this was his favorite housing project and he also respected the neighborhood issues. Marion said to change the PUD now was not a good idea; people who bought the I-bedroom units knew what they were buying. Marion said it seemed as ifthe whole project were under parked. Marion said he would not approve without seeing a plan for living space but not a bedroom. Brian Speck said that he was of the like mind; at one hand life does change and flexibility is needed however there were agreements made originally. Speck said the cars were the issue and maybe the parking needed to be on the site. Steve Skadron said that initially he wanted to honor the original ordinance and shared Brandon's concerns but the big picture is what really should be addressed. Skadron said that he leaned towards Dylan's comments and he could support this with conditions to prevent the basement from becoming a bedroom. Skadron said the homeowners should have the opportunity to change the vacant space into a home office or useful space. Jasmine Tygre said that she was very tom by this amendment because she was part of the original PUD process and felt that this site should have greater density ifthe parking could be handled however what is on site is what was agreed to. Tygre believed that the PUD should be upheld in terms of density and would be reluctant to approve another bedroom but agreed that it was not right having space that was not useable when those spaces could make the units so much more livable. 5 ASPEN PLANNING & ZONING COMMISSION - Minutes - Julv 19,2005 Marion wanted to have the applicant re-propose an integrated plan. Tygre summed up that the commissioners did not want to see a bedroom but rather a living space with only a powder room not a full bathroom. Joyce Allgaier stated that 3 commissioners did not want to have that livable space be used as a bedroom; it must be residential space. Broughton stated that they would like to come back after getting what was wanted by the entire association. MOTION: Steve Skadron moved to continue the public hearing on the Snyder Park Affordable Housing Project PUD Amendment to August 2nd Brian Speck seconded; all in favor, motion carried PUBLIC HEARING: HYMAN A VENUE APARTMENTS CONDOMINIUMS, SUBDIVISION & GMQS Jasmine Tygre opened the public hearing on the Hyman Avenue Apartments. Jennifer Phelan provided the proof of notice, mailing and posting. Jennifer Phelan said there was an existing four-plex at 306 South Garmisch and the applicant proposed replacement of another four-plex with 2 free-market units and 2 affordable housing units. Phelan said the current zoning was residential multi- family; the subdivision would be for the razing of the multi-family existing structure; GMQS was for the affordable housing being created and the condominiumization. Phelan said they met the Multi-family Housing Replacement Program. Staff recommended approval with conditions. Sunny Vann, representative for the applicant, introduced John Provine, the applicant, and Janvar Derrington, architect. Vann said this 4 unit structure was built in the 1970s that has housed working residents in the community from time to time and is therefore subject to the City's Resident Multi-family Replacement Program. Vann stated the project was designed to exceed all ofthe requirements of that program as well as the RMF or Residential Multi-family dimensional requirements. Vann stated that the applicant accepted the resolution with the conditions. The commission asked about vested property rights and condominiumization. Public Comments: 1. Carol Blomquist asked the height of the varying levels of the building and how it varies from what the existing height was; how many parking places were there; how many bedrooms were there; and did the employee housing units go into the lottery of the housing. Janvar Derrington replied the height to the ridge was at 37';2 feet, which was below the 42 feet allowed; the parking was off the alley with 6 ASPEN PLANNING & ZONING COMMISSION - Minutes AUl!:ust 02, 2005 Jasmine Tygre opened the regular Planning and Zoning Commission Meeting in Sister Cities Meeting Room at 4:30 p.m. Commission Members Brian Speck, John Rowland, Steve Skadron, Dylan Johns, Ruth Kruger and Jasmine Tygre were present. Brandon Marion was excused. Staff in attendance were Joyce Allgaier, Sarah Oates, Chris Bendon and James Lindt, Community Development and Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger asked about an asset study. Joyce Allgaier said there was a county asset study. James Lindt noted that they were looking into improving the meeting spaces. Allgaier said that the city council meeting room was being upgraded. Allgaier distributed surveys on the Chart House. MINUTES MOTION: Steve Skadron moved to approve the minutes from July 5th and June 2 1"t.. seconded by Dylan Johns, all in favor, motion carried DECLARATION OF CONFLICTS OF INTEREST John Rowland rescued himself on the Snyder Affordable Housing PUD Amendment and the Hyman Avenue Condominiums, Subdivision and GMQS. Dylan Johns disclosed that several years ago he did some pre-development studies on the Park Avenue variance but is not involved in any way with the project now. CONTINUED PUBLIC HEARING (07119/05): SNYDER AFFORDABLE HOUSING PUD AMENDMENT Jasmine Tygre opened the continued public hearing for the Snyder Affordable Housing PUD Amendment. James Lindt stated this was a continued public hearing by the Snyder Park Homeowners Association to finish out 8 ofthe I-bedroom unit basements. Lindt said at the last meeting the commission had concerns about the ability of adding bedrooms in the basements because of the parking concerns in the neighborhood. The applicant felt that more parking on the site would hamper the dynamics of the existing site so they have not proposed additional parking but have amended their request to just finish the basements. Condition A in the resolution would prohibit bedrooms in the finished basements; staff recommended approval. Sarah Broughton stated they understood the issues of parking in the neighborhood and have looked at parking on the site but would rather not have it as a condition of approval for tonight. Dan Glick said there were 750 square feet in the basements and 750 square feet on the ground floor. Glick said that he doesn't want another 1 ASPEN PLANNING & ZONING COMMISSION - Minutes Aue:ust 02, 2005 bedroom but rather an office because his office is in his dining room. Broughton added to the record 2 letters of support from Frank McDonald from 327 Midland Avenue and Heidi Hoffman. Steve Skadron said that basements were not discussed. Tygre replied that was correct. Lindt responded that basements came about in the construction phase. Ruth Kruger was not in attendance at the last hearing so she will abstain from the vote. Dylan John asked if the bathrooms could be limited to a ';2 baths or powder rooms. Lindt said they could propose a condition to that nature. Jasmine Tygre asked how will they police those areas so they do not turn into bedrooms. Lindt responded that the condition was based on the building code definition of what a bedroom is so what they were prohibiting was a closet, direct access to a bathroom and the intension of the room is for sleeping along with the light and ventilation requirements of the building code for a bedroom. Tygre stated that she wanted to help the people at Snyder have additional living space without going through an unenforceable condition concerning the second bedroom. Lindt replied the reality was that community development does get complaints from neighbors; there was not a good concrete way to do enforcement other than neighbor complaints. Dan Glick said the way the complex is set up you see people coming and going and everyone knows everyone and they do not want their density increased. Glick said they do not want renters or strange people coming and going. Broughton said if an owner were to sell housing does an audit on the unit. Public Comments: 1. Bill Taylor, Snyder resident, who just married Nancy said it would be great to be able to utilize the downstairs space. 2. Rob Loventhal, Snyder resident, stated he has a I-bedroom also with the bath through the bedroom and he was very thankful to have the unit but also would like to improve the living condition. Loventhal said he has no plans to ever rent any space in his house. 3. Don Brown, Snyder resident, stated it would be nice to be able to use as a den or entertaining space outside of the dining room. Brown said he did not want to add renters. 2 - ASPEN PLANNING & ZONING COMMISSION - Minutes Aue:ust 02, 2005 4. Ruth Wade, Ardmore Subdivision resident, said they all went though a long process to come up with a compromise for everybody on the initial planning of this subdivision and should stick with that. Wade said that the people who live at Snyder signed up as Snyder is now and it seems to work right now. Wade submitted a letter into the record. 5. Nancy Dahl worked on the project and she said that limiting to a Yo bath was an interesting idea but doesn't want to see a bedroom. Dahl said the neighborhood was impacted enough. 6. Antoinette LaFountaine, Snyder resident, said that she uses the room for exercise; there were telephone and television hook-ups, the room was carpeted and the wall were finished. LaFountaine said the bath was a very crucial thing; most homes have 2 toilets. LaFountaine said that no one wanted to rent out that space they just wanted to be able to use it. 7. John Redman, Snyder resident, said he was in a 3-bedroom and when your guests have to sleep in the living room and go through your bedroom to the bathroom that was not good. Redman said that no one was leaving their unit and they need to have more livable units. 8. Jim Rose, Ardmore, said that he lives in a free market unit with only one bathroom. Rose said the illegal bathrooms have not been addressed. 9. Bob Wade, Ardmore, said that they were happy when the project came through and nothing has changed drastically to require a change in the way that these units are used. Wade said he was against the change. Rob Loventhal said that they had a meeting with Lee from housing in the very beginning of the process when they won the lottery; Lee went through specific conditions with the unit owners if basements were rented out. Rob Loventhal said there were 2 units with finished spaces; one was Ms. LaFountaine's. Rob Loventhal said that they would never rent the space but housing had guidelines for rental. Tygre said that it was a shame that the approvals given by P&Z and Council were in a sense contradicted by the Housing Authority. Dylan Johns said to put in a Yo bath would be acceptable. Tygre clarified that would not have a tub or shower. Johns said that it should be able to be regulated through tap and permitting. Lindt said a condition was recommended that required building permits. 3 ASPEN PLANNING & ZONING COMMISSION - Minutes AUl!:ust 02, 2005 Steve Skadron said that he did not take lightly past debates and decisions however this decision directly lends itselfto satisfying the primary goal of the Aspen Area Community Plan; he said that he could support this amendment. Skadron said that he could support Dylan's suggestion. Tygre agreed with Steve and Dylan on the Y2 bath/powder room. Broughton said that they were approached by the Housing Board and Community Development to go forward with this PUD Amendment to show how affordable housing can be flexible. Broughton said none of the owners asked her to create a bedroom in the basement only a bathroom. Tygre said that she felt sympathetic for them getting conflicting information. MOTION: Dylan Johns moved to approve Resolution #22, series 2005, recommending that City Council approve with conditions, the requested amendment to allow for eight (8) I-bedroom affordable housing units (ADA 1- bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their unfinished basements adding to Section 1 This language shall not preclude the owners from having the ability to install a powderoom (to only contain at most 1 toilet and 1 sink) in the basement as long as the other rooms are not intended to be used for sleeping purposes. Seconded by Steve Skadron. Roll call vote: Speck, yes; Skadron, yes; Johns, yes; Tygre, yes; Kruger, abstain. APPROVED 4-0. PUBLIC HEARING: ASPEN JuNIOR HOCKEY SPA AMENDMENT Jasmine Tygre opened the public hearing for Aspen Junior Hockey SPA Amendment. James Lindt provided proof of notice. Meeting adjourned. Jackie Lothian, Deputy City Clerk 4 m r.t. a' t.'" fo.:. + t..:. \,0 ,001 1\) ~-O "tlg:~ mcno .z~." Or-lo Omen ""Z"tl _lom OlcnZ :::-1 " .ol!i - II :J Q. + ~ _ 0' 8 g... ,. 10 I "C c/O I il::r .... :00 .. Q.:J !" c: t ! II i .. .. oQ ~ ::t - ~1'Tf Ii:; . ~ I' ~ , - " " i; ;: ~ II/IIi! """...... " , RESOLUTION NO. 22 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a POO amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park SubdivisionIPUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the AspenlPitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, during a duly noticed public hearing on July 5, 2005, the Planning and Zoning Commission continued review of the application until July 19, 2005; and, WHEREAS, during a continued public hearing on July 19,2005, the Planning and Zoning Commission continued review of the application until August 2, 2005; and, WHEREAS, during a continued public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of 2005, by a four to zero (4-0) vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD allowing for the eight (8) I-bedroom units that were constructed with w1finished basements to finish their basements; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Plauning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible I-bedroom unit because it does not have an unfinished basement) to be finished, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. . 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit. 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The basements in the eight I-bedroom units shall not be allowed to include bedrooms. Bedrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language shall not preclude the owners from having the ability to install a powderoom (to only contain at most I toilet and I sink) in the basement as long as the other rooms *I'll;: hlJ,J{ not i'1b-9B9111 be used for sleeping purposes. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Plarullng and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 0~ I JJ- City Attorney ATTEST: ~ MEMORANDUM 1J[^, ~V\ Gf'dt" . [ c' , TO: THRU: FROM: RE: Aspen Planni~5t ~ Zoning Commission Joyce Allgai~mmunity Development Deputy Director James Lindt, Senior PlannerJI- Snyder Park Affordable Housing Project PUD Amendment, Resolution No. ~, Series of 2005- Public Hearinl!. Continued from 7/5 July 19,2005 DATE: PROJECT: SNYDER PARK pun AMENDMENT REQUEST: The Applicant is reqnesting a PUD amendment to the Snyder Park Affordable Honsing PUD to allow for the nnfinished basements on the one-bedroom units to be finished with a variety of room uses, including bedrooms and bathrooms. ZONING: AHIPUD (Affordable HousingIPUD) LAND USE The Applicant is requesting approval of a PUD amendment to the REQUESTS: Snyder Park Affordable Housing PUD pursuant to the procedures established in Land Use Code Section 26.445.1 OO(B), Amendment of pun development order. STAFF Staff recommends approval with conditions. RECOMMENDA TION: LAND USE ACTIONS REQUESTED: The Applicant is requesting an amendment to the Snyder Park Affordable Housing PUD, The Planning and Zoning Commission shall be the recommending body to City Council after considering a recommendation from the Community Development Director pursuant to Land Use Code Section 26.445.100, Amendment of PUD Development Order. SUMMARY OF REQUEST AND BACKGROUND: The Applicant, Snyder Park Homeowner's Association, is requesting a PUD amendment to amend the PUD that was approved pursuant to Ordinance No. 24, Series of 1998 (attached as Exhibit "D"). Snyder Park consists of fifteen (15) units in total; six 3- bedroom units and nine I-bedroom units. The Applicant would like to amend the PUD to allow for the unfinished basements in eight (8) of the nine I-bedroom units to be finished with a variety of room uses, including bedrooms and bathrooms. The ninth I-bedroom unit is not proposed for expansion because it is currently slab on grade construction. Originally, these units were approved to be built as slab-on-grade construction with no crawl spaces or basements. However, when the units came in for building permit, a crawl space was required to be constructed - I - .....~,., ~-, for egress purposes under each of the units. Subsequently during the excavation for the construction of the crawl spaces, the contractors ran into soils that were not good load bearing soils where the floor of the crawl spaces were to be built. In the end, the units were constructed with full-height, unfinished basements. Several of the units have since finished their basements, but they have not been allowed to include bedrooms or bathrooms because of the possible impacts associated with adding bedrooms to the site. STAFF COMMENTS: In reviewing the PUD amendment request, Staff feels that the flexibility that would be provided through this proposal allowing the I-bedroom affordable housing units to be finished with bedrooms is a positive action. As the application asserts, Staff feels that provisions for unit expandability are important in the development of affordable housing projects in order to allow for unit owners to hold onto their units longer as their families grow and they proceed through different life stages. And in the long run, Staff believes that longer occupancy of affordable housing units builds neighborhood coherence and character that we seek in Aspen. The issue of unit expandability received considerable discussion during the recent review of the Burlingame Affordable Housing Project and the majority of City Council felt that it was appropriate to include provisions for unit expandability in the Burlingame project. Applying the same logic to the Snyder Park project that was constructed in 1998, the Planning Staff and the Housing Board support the proposed request. As far as traffic and parking impacts are concerned, Staff believes that the addition of a bedroom to each of the eight (8) I-bedroom units would have a minimal impact on both traffic and parking. The number of off-street parking spaces provided in the development is two (2) parking spaces for each of the units that contain two (2) or more bedrooms and one parking space for each of the units that currently contain one bedroom. Staff feels the majority of the finished basement spaces that would result from this amendment will likely be used by people that already live in Snyder Park units and are not likely to create a significant increase in traffic or parking demand. Staff also feels the close proximity of Snyder to the core of town and on an in-town bus route, will encourage walking, bicycling, and use of public transportation by residents of the additional bedrooms. However, Staff does believe that if the Applicants are able to rent out the additional bedrooms, it could exacerbate any parking issues that may exist in the neighborhood. In response to this concern, Staff has proposed a condition of approval in the attached resolution requiring that the additional bedrooms in the finished basement are not allowed to be rented. The one-bedroom units are all deed-restricted as Category 3 or lower and the Housing Authority has recommended requiring a condition of approval that when each of the units apply for a building permit to finish the basements with an additional bedroom, that they be reqnired to demonstrate compliance with the minimum unit size in the housing guidelines for a 2-bedroom unit. The Housing Authority has further recommended that the expanded units will only be allowed to be sold as I-bedroom units as they were originally established and that owners will - 2 - ,,- ~ still not be able to be reimbursed for more than 10% of the actual costs of the capital improvements pursuant to the Affordable Housing Guidelines. Other conditions included in the proposed resolution limit the number of bedrooms that are to be installed in the basement of each unit to one additional bedroom and disallow the installation of a cooking device in the basements, thereby keeping the finished basement from becoming separate, additional dwelling units. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the attached resolution, recommending that City Council approve the proposed PUD amendment with the conditions contained therein. . RECOMMENDED MOTION: "I move to approve Resolution No~ Series of 2005, recommending that City Council approve with conditions, the requested PUD amendment to allow for the eight (8) 1- bedroom affordable housing units (ADA I-bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their basements to include additional bedrooms." ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B - ApPLICATION EXHIBIT C - REFERRAL COMMENTS EXHIBIT D - ORDINANCE No. 24, SERIES OF 1998 EXHIBIT E - LETTERS FROM THE PUBLIC - 3 - RESOLUTION NO. ~ (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED WITH A VARIETY OF ROOM USES INCLUDING BEDROOMS AND BATHROOMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park SubdivisionIPUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the Aspen/Pitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, during a duly noticed public hearing on July 5, 2005, the Planning and Zoning Commission approved Resolution No. _' Series of 2005, by a _ to _ L- -.J vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD allowing for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements, and allowing for the basements to contain one bedroom; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible I-bedroom unit because it does not have an unfinished basement) to be finished, and to allow for each of the finished basements to contain one bedroom, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. As part of the building permit application for each individual basement, the owner shall demonstrate compliance with the minimum unit size as set forth in the Affordable Housing Guidelines for the proposed unit type (i.e. 2-bedroom unit). The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit. 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The units subject to this amendment shall be resold as one-bedroom units even though they may contain two bedrooms after the basements are finished. 5. The bedrooms to be added in the basements shall not be rented out. The Applicant shall record an amended deed restriction in conjunction with obtaining a building permit to finish each of the individual basements that describes said prohibition on renting the bedrooms. 6. Any bedrooms to be added to the basements shall be located such that there is direct access from the bedrooms to the existing egress wells in order to meet the egress requirements of the building code without altering the exterior of the structures. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or - documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 5th day ofJuly, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ,. ""....,., EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings In accordance with Section 26.445 of the Land Use Code, the Applicants have requested a PUD Amendment. Section 26.445.050, Review Standards: PUD Amendment Section 26.445 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. J. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed amendment is consistent with the affordable housing goals of the AACP. Staff feels that the amendment will allow for the homeowner's at Snyder Park to have the flexibility to occupy their units for the long-term and allow for the units to change with their different life stages allowing them to be vested members of the community as is encouraged by the Housing section of the AACP. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the proposed amendment is consistent with character of the existing land uses in the immediate area. The proposed amendment will not change the exterior aesthetics of the units in that unfinished basements already exist with the necessary egress. Moreover, the units will continue to be family-oriented affordable housing units. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development o/the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the future development of the surrounding area in any manner. Thus, Staff finds this criterion not to be applicable to this application. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. -4 - ,""- Staff Finding The Applicants have already received the needed GMQS exemptions to construct the affordable housing, a GMQS exemption is not needed to add a bedroom. Staff finds this criterion not to be applicable. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. I. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The proposed amendment does not impact the dimensional requirements that were approved in the original PUD. Staff finds this criterion not to be applicable to this application. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposed amendment does approved in the original PUD. application. not impact the dimensional requirements that were Staff finds this criterion not to be applicable to this 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. - 5 - ,.", ....., ....,,,,.,, d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding As was discussed in the staff memo, Staff feels that many of the bedrooms that would be added to the basements of these units will be occupied by people that already live within the development. Staff is further of the opinion that the close proximity of this development to town and to an in-city bus route encourages limited parking demand for the inhabitants of the additional bedrooms that would be provided by this amendment. In addition, Staff has proposed a condition of approval in the resolution requiring that the new bedrooms in the basements not be allowed to be rented out by the owners. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced (f there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff has consulted the applicable utility agencies, who have expressed that the adequate infrastructure exists to accommodate the proposed amendments. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical naturalfeatures of the site. Staff Finding The proposed amendment does not alter the permitted density of units approved in the original PUD. Additionally, the proposed amendment involves finishing livable space that is already incorporated within the subject buildings. Therefore, finishing the basements with bedrooms and other uses will not have an impact on site drainage, soil erosion or consequential water pollution. The Applicant also is not requesting to - 6 - ~ amend the site layout so there will not be impact on the natural features of the site. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding As was discussed in the body of the staff memo, Staff feels that allowing for an additional bedroom in each of the eight (8) unfinished basement spaces fosters long-term occupancy of the affordable housing units, which builds neighborhood coherence and character as is encouraged by the AACP. Staff finds this criterion to be met. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with thefollowing: I. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that the proposed amendment impacts the site design of the project. Staff finds this criterion not to be applicable to this application. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Staff does not believe that the proposed amendment impacts open spaces or vistas on the site. Staff finds this criterion not to be applicable to this application. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. - 7- .~ ~",..., Staff Finding The proposed amendment will not impact the existing siting of structures on the parcel and will affect the extent to which the units are visually interesting. Staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Staff believes that the proposed amendment will not impact the emergency and service vehicle access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Staff believes that the proposed amendment will not impact the pedestrian and handicapped access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The proposed amendment will not impact the site drainage since the amendment will only impact interior space that is already built. Staff finds this criterion not to be applicable to this application. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding There are no non-residential land uses proposed as part of this amendment and no non- residential uses exist within the subject development. Staff finds this criterion not to be applicable to this application. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The propo.~ed development shall comply with thefollowing: - 8 - "-'- ..-..... I. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding Staff does not believe that the proposed amendment will impact the landscaping plan that was approved in relation to the original PUD. Staff finds this criterion not to be applicable to this application. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that the proposed amendment will impact the existing natural or man-made site features any more than the original development plan. Staff finds this criterion not to be applicable to this application. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The site's landscaping will not be impacted by the proposed amendment. Staff finds this criterion not to be applicable to this application. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: I. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The proposed amendment will not alter the architecture and exterior design of the units in that the amendment is only requesting to finish interior space. Staff finds this criterion not to be applicable to this application. - 9 - ......... 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding Staff believes that the proposed amendment will not alter the extent to which the units incorporate natural heating and cooling systems. Staff finds this criterion not to be applicable to this application. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding Staff does not believe that the proposed amendment will impact the ability at which the development accommodates the shielding of snow, ice, and water in that the proposed amendment simply requests to finish interior space that already exists. Staff finds this criterion not to be applicable to this application. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: I. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: - 10- ,..,._..."..~---,,,,,,.",,<-~---" , ~L'....... I. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The proposed amendment will not impact common park or open space. Staff finds this criterion not to be applicable to this application. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding This amendment does not impact the project's compliance with this requirement. Staff finds this criterion not to be applicable to this application. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding This amendment does not impact the project's compliance with this requirement. Staff finds this criterion not to be applicable to this application. H. Utilities and Public Facilities: The purpo.~e of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: I. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding During the review of the original PUD application, it was determined that adequate public facilities exist to accommodate the proposal. This amendment does not impact the project's compliance with this requirement. Staff finds this criterion not to be applicable to this application. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. - II - - ~, Staff Finding The affected utility agencies have reviewed the proposed plans and did not express any public infrastructure concerns. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicants are not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicants will be required by the City to provide oversized utilities. This amendment will not impact the size of utilities or public facilities that are needed to accommodate the development. Staff does not find this criterion to be applicable to this application. L Acces~' and Circulation (Only standards I & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: I. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding This amendment does not impact the development's compliance with this requirement. Provisions were made in the original PUD approval to insure the adequate access is provided to the development. Staff finds this criterion not to be applicable to this application. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. - 12 - Staff Finding Staff believes that the vehicular access points approved as part of the original development do not create traffic congestion on the surrounding roads. This amendment will not impact the development's compliance with this requirement. Staff finds this criterion not to be applicable to this application. J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: I. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding It is anticipated that all of the unit owners will not finish their basements right way upon approval. The required park development impact fees shall be assessed in conjunction with issuance of a building permit to finish each individual basement. Each individual building permit shall require a construction management plan to minimize construction impacts on neighboring property owners. Staff finds this criterion to be met. -13 - ~ ,., ,....., E-xhllo)'~ liB! , rowland+broughton architecture and urban design 27 April 2005 City of Aspen Community Development City of Aspen Housing Department Re: Snyder Park PUD Amendment Dear Sirs and Madams, Rowland + Broughton Architecture and Urban Design is representing the homeowner's at Snyder Park Affordable Housing Planned Unit Development in seeking a PUD Amendment. Snyder Park Affordable Housing PUD was approved in 1998. It has since been built with (15) affordable housing units, (6) three-bedroom units and (9) one-bedroom units. The one-bedroom units were all built with unfinished basements and window wells for egress. The plans originally called for slab on grade construction; however basements were added closer to construction. The owners of the one-bedroom units are interested in being able to fit-out their unfinished basements into a variety of uses. These uses include: home offices, playrooms, storage, bedrooms and bathrooms. Under the current approved PUD, additional bedrooms and bathrooms are not allowed. This application is asking for a PUD Amendment to allow the homeowners at Snyder Park the option to convert existing, unfinished basement space into a variety of different uses, including the possibility of a bedroom and bathroom. The review standards relevant to this application are the land use code for Planned Unit Development, Chapter 26.445. Specifically for our PUD Amendment, the following items apply: 26.445.050.A.1- The proposed development shall be consistent with the Aspen Alea Community Plan. Allowing for an additional bedroom and bathroom to be developed in the unfinished basements at Snyder Park directly relates to the goal of Aspen's affordable housing program to build community. Our community is based on a healthy mix of people, who can call Aspen home. Flexibility is a key component in creating the mix of people. Young people move to Aspen, often find a partner and possibly start a family. Our housing needs to allow for the flexibility of life and encourage roots to be established. 26.445.050.A.2- The proposed development shall be consistent with the character of existing land uses in the surrounding alea. The east side of town is residential and is going through a major redevelopment. As house prices soar, more locals are forced out of the City. By allowing for an additional bedroom and bathroom to be developed in the unfinished basements, homeowners at Snyder Park will have more options to remain in residency in the City. The option to develop the unfinished basements gives the homeowner the ability to add value to their property all within the Housing Department's guidelines. '\ of 2. ~~ <':.. ,;, ;;:" ~~. .~~: ~;::! '.; ,,:. .', ;;~ ~",- c",o c....o ?E""'(l) ag:~ ~.. 0 -~o ""'0 5.!e.~ "', ," '" Oro ~ c_" ",,,,CD "'~- -0'" 0", '" ~- . 00.0) 0" '" 3~'O <CD ~. Ql ::I 0' n -n 0 =0 n '" ""'- @o'" a~::: :cOl.,. is'' _ ~- 0.",'" g-fJ ~ o. en c",.. "'0.. "''''. _. '" 0-0 ~"'o b""-lO) 0"'. 3.' .. ;;;'" 0.... "'~ . '" "'.. 0.. "'. . '" ~.. "'.... U('" ~"""""""".~'--'_.'--- . ,...... ,#"',", Snyder Park PUD Amendment Application 26.445.050.8.6- The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattem is compatible with its surrounding development pattems and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site c) The increase in maximum density results in a development pattem compatible with, and complimentary to, the surrounding existing and expected development pattem, land uses and characteristics. This PUD Amendment meets all of the conditions mentioned above. Through many conversations with both the City of Aspen Housing Board and City of Aspen Community Development, we strongly believe that by adopting a PUD Amendment to allow for the development of the unfinished basements at Snyder Park takes us further to the goal of flexible, diverse and balanced affordable housing. We welcome any conversation or questions regarding this application. ~ Sarah Broughton, AlA Cc: Snyder Park Homeowners 2 of 2. ,- ,- = ~.J2~ II z [,.!J ~- "'= VJ ~ ::: ~;~~~:~~;:~~~~~ ~'~;:JZ:::I: ~l~ ir. Ii:; w~'~~'~~.l _ -- "w, } ,,,.,,~ " > '0 " , ~, , (."., -----= ""',- ""-'0 ~~ , , ~ '"" ~~ "' " . " i . V' 1 1 " ~ "" "" ~? " "" '''L " '" " o , ";".,,, ;, J, , : ~ .. " "O'"O~~ ~""" ~" "" "" ii5~ ,. " I ! . " J1l.~~ TO: THRU: FROM: RE: M o-h CJ V\ 0-5 Aspen Planning & Zoning Commission cJ.VII\ ~V\.& ~ fro Joyce Allgaiei~~mmunity Development Deputy Director .N--. Qtl0W James Lindt, Senior Planner.::JL-- .Y u f?nV"J 1\ \ I V\6J I:' - p:lI' Snyder Park Affordable Housing Project PUD Amendment, Resolution No. 22, Series of 2005- Public Hearin\!, Continued from 7/19 MEMORANDUM DATE: August 2, 2005 PROJECT: SNYDER PARK PUD AMENDMENT REQUEST: The Applicant is reqnesting a pun amendment to the Snyder Park Affordable Housing pun to allow for the nnfinished basements on the one-bedroom nnits to be finished with a variety of room nses, inclnding bedrooms and bathrooms. ZONING: AH/PUn (Affordable HousingIPUD) - LAND USE The Applicant is reqnesting approval of a pun amendment to the REQUESTS: Snyder Park Affordable Honsing PUD pursnant to the procednres established in Land Use Code Section 26.445.100(B), Amendment of PUD develooment order. STAFF Staff recommends approval with conditions. RECOMMENDATION: LAND USE ACTIONS REQUESTED: The Applicant is requesting an amendment to the Snyder Park Affordable Housing PUD. The Planning and Zoning Commission shall be the recommending body to City Council after considering a recommendation from the Community Development Director pursuant to Land Use Code Section 26.445.100, Amendment of PUD Development Order. REVIEW SUMMARY: At the previous meeting related to this application, it was apparent that the majority of the Commission felt that adding a bedroom to each of the eight (8) unfinished basements would exacerbate the parking issues that exist in the neighborhood, even with the conditions of approval that Statl had proposed to mitigate this concern. However, the majority of the Commission also appeared to believe that it was appropriate to allow for the units to finish the currently unfinished basement space with habitable space as long as that habitable space does not include bedrooms. At the conclusion of the Commissioner comments, the Applicant requested a continuance of the hearing in order to examine whether additional on-site parking could be provided and whether the owners of the subject Snyder Park units would be accepting of a condition allowing them to finish the basements without the ability to add bedrooms. - I - STAFF COMMENTS: The Snyder Park Homeowner's Association explored the possibility of providing more parking within the existing development. The best location for additional parking within the development was identified as being just north of the entry drive across from the existing parking spaces for the park. However, in reviewing the option of providing for more parking in this location, the Applicant has not been able to determine the costs that would be associated with providing this parking and feels that the additional parking could compromise the quality of the existing site dynamics to an undesirable extent. Given that the Applicant does not wish to pursue providing additional parking within the development due to the reasons above, Staff has drafted a proposed condition of approval that would allow the owners of the eight I-bedroom units to finish the basements with habitable space, but would prohibit the addition of bedrooms in the basement spaces per the Commission's discussion at the last meeting. The proposed condition is as follows: "The basements in the eight I-bedroom units shall not be allowed to include bedrooms. Bedrooms are defined as a portion of a dwelling unit intended to be usedfor sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language shall not preclude the owners fi"om having the ability to install a bathroom in the basement as long as the other rooms arc not intended to be usedfor sleeping purposes and do not contain closets. " The condition described above has been included in the attached resolution (attached as Exhibit "A"). Staff has also removed the remainder of the conditions from the proposed resolution that related to adding bedrooms in the finished basements. The remaining conditions speak to needing to obtain a building permit to finish the basement spaces. Conditions of approval are also included in the proposed resolution about meeting the applicable building code requirements and about limiting the reimbursement costs on capital improvements to 10% of the capital improvement costs of the improved units. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the attached resolution, recommending that City Council approve the proposed PUD amendment with the conditions contained therein, including the condition about prohibiting bedrooms in the finished basements. RECOMMENDED MOTION: "I move to approve Resolution N~, Series of 2005, recommending that City Council approve with conditions, the requested PUD amendment to allow for the eight (8) 1- bedroom affordable housing units (ADA I-bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their unfinished basements." ATTACHMENTS EXHIBIT A - REVISED RESOLUTION EXHIBIT B - LETTER FROM ApPLICANT - 2 - SXt11tol'! ~\,1 a RESOLUTION NO. 22 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) I-bedroom units (ADA accessible I-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) I-bedroom affordable housing units in Snyder Park Subdivision/PUD; and, WHEREAS, the eight (8) I-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the AspenlPitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) I-bedroom units with additional bedrooms; and, WHEREAS, during a duly noticed public hearing on July 5, 2005, the Planning and Zoning Commission continued review of the application until July 19, 2005; and, WHEREAS, during a continued public hearing on July 19, 2005, the Planning and Zoning Commission continued review of the application until August 2, 2005; and, WHEREAS, during a continued public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of2005, by a _ to _ L- -.J vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD allowing for the eight (8) I-bedroom units that were constructed with unfinished basements to finish their basements; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions ofthe Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible I-bedroom unit because it does not have an unfinished basement) to be finished, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit. 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The basements in the eight I-bedroom units shall not be allowed to include bedrooms. Bedrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for lig~t and ve~tilation. Thi~~gl1~~.l>.iQ~[1pt precl\let; . j,/ ' k the owners from havmg the abIlity to mstall ~ln'h'fe'M~~tr1t M "'1'1)0, SJ vi., \, long as the other rooms are not intended to be used for Sle~ing purposes~ =..1 d~. I (ootaia elesets. .:.- O(rrN"\ I ).'" LO ft1e q'^ "l('lIq.1 Section 2: ~r-''' "-.11 f1j-JfILt'\ All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or ~ , amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk r' t -I' I \ \/~ 1/ t:: X III /;6 \ r ?::5 towland+broughton architecture and urban design 27 July 2005 Mr. James Lindt City of Aspen Community Development 130 S. Galena Street Aspen, CO 81611 Re: Snyder Park PUD Amendment Dear James, Rowland + Broughton Architecture and Urban Design is representing the homeowner's at Snyder Park Affordable Housing Planned Unit Development in seeking a PUD Amendment. We presented to Planning and Zoning on Tuesday, July 19, 2005. From this meeting we understand the concerns the P&Z has with allowing additional bedrooms to be created within the Snyder Park Development as it relates to density and parking issues. We have amended our request for a PUD Amendment to include: Allow for the unfinished basements in Snyder Park Affordable Housing Development to be converted to livable space and finished. The livable basement space cannot contain bedrooms* or cooking devices, thereby reinforcing that the finished basements will not house more people within the development and cannot be used as additional, stand-alone dwelling units. *Bedrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language will not preclude the owners of Snyder Park from having the ability to install bathrooms in the basement as long as the other rooms within the basement are not to be intended to be used for sleeping purposes and do not contain closets. As previously stated, eight (8) of the nine (9) one-bedroom units in Snyder Park were built with unfinished basements including window wells for egress. It is the intention of the owners to be able to finish these basements to allow for a variety of uses, not including bedrooms. Several of the one- bedroom units are arranged so that a guest has to travel through the bedroom to reach the only bathroom. By allowing for the basements to be finished and possibly with an additional bathroom, it creates further flexibility to the homeowner. We believe that this request for a PUD Amendment is consistent with the Aspen Area Community Plan and by allowing the basements to be finished without adding additional bedrooms, Snyder Park remains compatible with the surrounding neighborhood context and creates no negative physical characteristics of the site. On the issue of parking. Snyder Park strives to be a good neighbor and we therefore explored ways to mitigate any parking issues for the neighborhood within the site. There is an opportunity to include additional parking on the north side of Kathryn Way across from the existing visitor parking. Four to five parking spots could be built in this area with some major landscape reworking. There is concern 1 of 2 ."'~ :f~g ~-....JCD o2:~ ~ III 0 ~$.g O-W m ~~ ~ o m ~ C_m ",,,m "- - 00 ~ =:;?"J!-'J Oa.aJ Om w 3 ~-g m ~ 0" 0 =;g 0 gco~ ~;;3~ oo~ .'" '" - ~Z;co 0"0"" o:>>~ C"'.. ~~f'" o:.....;g ~"'o (j-JQ') 0'" 3 ~ ;:;'" 0"" ",0 w~ ~:P- :....~ w..., ~'" within the development that by creating these parking spots the overall site plan will be compromised. The homeowners are inquiring about the cost of adding these parking spots, however, at this time they ask that the parking spots not be included in this application as a condition of approval. With approval of this PUD Amendment, each homeowner will be required to apply for a building permit to finish their individual basements and must meet all applicable building code requirements. Additionally, if the owner elects to finish their basement they shall only be reimbursed for no more than 10% of the actual costs of capital improvements to the unit upon the initial sale of the improved unit pursuant to the affordable housing guidelines. We look forward to discussing this application on August 2, 2005. Thank you, Sarah Broughton, AlA Cc: Snyder Park Homeowners 2 of 2 08/02/2085 86:55 J Frank McDo aid 734-528-6358 F B MCDONALlJ lMl4Jlo< 1 ~ rHUc. t./.I. i:ltt.~ I VI l , "S~ M. Broughton" <lBrahOmwtBndbfoug~fn.com> <m~inO@SOPfis.net> 01 ugUS12005 16:28 Sny Br Park support , From: To: Sent: Subject HI Fr.mk. Thank you for agr,eing 10 wrile in BUpport of the Snyder Park balllloom' balBment incluBlon to the UD. "you could cui and pa~ lhe folloWing intD a new emall and send it baCk to me thet would be greatl ; I, Frank McDonald, live a and am a neighbor to S yder Park. I wholehearted support the 1- bedroom ..idents I Snyder Park in the ability to lIt-oultheir unnn heel basements to include baIhroom. I understand that~ar1clng i an issue In the neighborhood. but I do not bel eve that Snyder Park Is only culprit 'TlI8 residents 01 nyder P rk have proven to be good neighl>)ra end I 1m they win continue to be nsidersle and respeclfullo , e enti neiglllloltlood. i I am sorry thai I Bin unalll lo alIend the Aug. 2 Planning ana Zoning me . g and want my support I r the Snyder PlIrk PUD Amen~menl h rd and noted for the record. lbank you. Frank MoDonald . Thanks Frank' ' Slrah Broughton! rowIand.brougllton __ IndurlJln\lvSi9" 100 e. mope' 8VII. '3 ..,.n,OO ,'8t1 . _ I1Q.37t1.olt 1 ; ..~4-M7S ; """"""'...b...."...\- 02108/2005 --- July 14,2005 To Whom It May Concern: My wife Ruth and I are not in favor of approving basement apartments in the Snyder property. We are residents of the Ardmore subdivision adjacent to the Snyder property. When the project was originally conceived, many of us Ardmore homeowners attended the design meetings not to try to stop the project, but to help it become a quality addition to the inventory of Affordable Housing in Aspen. Our business, The Ute Mountaineer has experienced a huge benefit from this program over the last decade. We feel that our commitment oftime and energy helped the Snyder property become the extraordinary value that it is for the homeowners there today. We oppose the expansion of the capacity there for two reasons. First, we felt that the project got our neighborhood's support in the form that it took; it is unfair to come back to the Aspen community forgetting the process that took place. We discussed and rejected the higher density options back then. The residents already enjoy what we view as the best value of all the affordable housing projects in the Aspen area at present. Second, higher density makes even less sense now given the growth that this end of town has seen since Snyder was built up. The parking along Midland Avenue is a graphic reminder that we are hitting the limit for cars and people in this area of town. Thank you for your consideration, ~ ~ k~W~dZ Bob & Ruth Wade July 14,2005 To Whom It May Concern: My wife Ruth and I are not in favor of approving basement apartments in the Snyder property. We are residents of the Ardmore subdivision adjacent to the Snyder property. When the project was originally conceived, many of us Ardmore homeowners attended the design meetings not to try to stop the project, but to help it become a quality addition to the inventory of Affordable Housing in Aspen. Our business, The Ute Mountaineer has experienced a huge benefit from this program over the last decade. We feel that our commitment of time and energy helped the Snyder property become the extraordinary value that it is for the homeowners there today. We oppose the expansion of the capacity there for two reasons. First, we felt that the project got our neighborhood's support in the form that it took; it is unfair to come back to the Aspen community forgetting the process that took place. We discussed and rejected the higher density options back then. The residents already enjoy what we view as the best value of all the affordable housing projects in the Aspen area at present. Second, higher density makes even less sense now given the growth that this end of town has seen since Snyder was built up. The parking along Midland Avenue is a graphic reminder that we are hitting the limit for cars and people in this area of town. Thank you for your consideration, ~~k~uJ~ Bob & Ruth Wade July 14,2005 To Whom It May Concern: My wife Ruth and I are not in favor of approving basement apartments in the Snyder property. We are residents of the Ardmore subdivision adjacent to the Snyder property. When the project was originally conceived, many of us Ardmore homeowners attended the design meetings not to try to stop the project, but to help it become a quality addition to the inventory of Affordable Housing in Aspen. Our business, The Ute Mountaineer has experienced a huge benefit from this program over the last decade. We feel that our commitment of time and energy helped the Snyder property become the extraordinary value that it is for the homeowners there today. We oppose the expansion of the capacity there for two reasons. First, we felt that the project got our neighborhood's support in the form that it took; it is unfair to come back to the Aspen community forgetting the process that took place. We discussed and rejected the higher density options back then. The residents already enjoy what we view as the best value of all the affordable housing projects in the Aspen area at present. Second, higher density makes even less sense now given the growth that this end of town has seen since Snyder was built up. The parking along Midland Avenue is a graphic reminder that we are hitting the limit for cars and people in this area of town. Thank you for your consideration, ~ ~ k~ w~dSz.. Bob & Ruth Wade " Page I of I X-Sender: johnw@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 01 Aug 200511:21:13 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: John Worcester <johnw@ci.aspen.co.us> Subject: Re: Snyder Condition of Approval X-MailS canner-Information: Please contact the ISP for more information X-MaiIScanner: Found to be clean I would not like a condition that limited the number of cars a person could own, but would not be opposed to a condition that limited the number of cars an owner could park at the project. Or, a requirement that at least one car be parked in the owner's parking garage (ifthere are parking garages). At 08:44 AM 8/1/2005 -0600, you wrote: Hi John, P & Z is reviewing a PUD amendment request to finish the basement spaces out at the Snyder Park AH units. The HOA wanted the ability to include additional bedrooms in these finished basement spaces. P & Z contemplated allowing for the additional bedrooms with a condition that each unit owner only have the ability to own one car because there are parking problems in the area. We told the Commission that a condition of this nature was not a good idea and that we thought the attorney's office would not be comfortable with a condition limiting the number of cars that someone owns. Instead, the Commission is leaning towards allowing the HOA to finish the basements without adding bedrooms. Is it an accurate representation on our part that you would not support a condition limiting the number of vehicles someone could own? Thanks, James file:/ /C: \DOCUME-l ~amesl\LOCALS-1 \ T emp\eud2F .htm 8/1/2005 ~ , - -..; MEMORANDUM TO: THRU: FROM: RE: Aspen Planning & Zoning Commission Joyce Allgaier, Community Development Deputy Director James Lindt, Senior Planner Snyder Park Affordable Housing Project PUD Amendment, Resolution No. _, Series of 2005- Public Hearine. Continued from 7/5 July 19, 2005 DATE: REQUEST: The Applicant is reqnesting a PUD amendment to the Snyder Park Affordable Honsing PUD to allow for the nnfinished basements on the one-bedroom nnits to be finished with a variety of room uses, inclnding bedrooms and bathrooms. ZONING: AH/PUD (Affordable Housing/PUD) LAND USE REQUESTS: The Applicant is requesting approval of a PUD amendment to the Snyder Park Affordable Honsing PUD pnrsnant to the procednres established in Land Use Code Section 26.445.100(B), Amendment of PUD develo ment order. STAFF RECOMMENDATION: Staff recommends approval with conditions. LAND USE ACTIONS REQUESTED: The Applicant is requesting an amendment to the Snyder Park Affordable Housing PUD. The Planning and Zoning Commission shall be the recommending body to City Council after considering a recommendation from the Community Development Director pursuant to Land Use Code Section 26.445.100, Amendment of PUD Development Order. SUMMARY OF REQUEST AND BACKGROUND: The Applicant, Snyder Park Homeowner's Association, is requesting a PUD amendment to amend the PUD that was approved pursuant to Ordinance No. 24, Series of 1998 (attached as Exhibit "D"). Snyder Park consists of fifteen (15) units in total; six 3- bedroom units and nine I-bedroom units. The Applicant would like to amend the PUD to allow for the unfinished basements in eight (8) of the nine I-bedroom units to be finished with a variety ofroom uses, including bedrooms and bathrooms. The ninth I-bedroom unit is not proposed for expansion because it is currently slab on grade construction. Originally, these units were approved to be built as slab-on-grade construction with no crawl spaces or basements. However, when the units came in for building permit, a crawl space was required to be constructed - I - ,., capital improvements pursuant to the Affordable Housing Guidelines. Other conditions included in the proposed resolution limit the number of bedrooms that are to be installed in the basement of each unit to one additional bedroom and disallow the installation of a cooking device in the basements, thereby keeping the finished basement from becoming separate, additional dwelling units. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the attached resolution, recommending that City Council approve the proposed PUD amendment with the conditions contained therein. RECOMMENDED MOTION: "1 move to approve Resolution No. _' Series of 2005, recommending that City Council approve with conditions, the requested PUD amendment to allow for the eight (8) 1- bedroom affordable housing units (ADA I-bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their basements to include additional bedrooms." ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B - ApPLICATION EXHIBIT C - REFERRAL COMMENTS EXHIBIT D - ORDINANCE No. 24, SERIES OF 1998 EXHIBIT E - LETTERS FROM THE PUBLIC - 3 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) I-bedroom units (not including the ADA accessible I-bedroom unit because it does not have an unfInished basement) to be finished, and to allow for each of the finished basements to contain one bedroom, with the following conditions: I. A building permit shall be applied for and approved to finish each of the individual basements. As part of the building permit application for each individual basement, the owner shall demonstrate compliance with the minimum unit size as set forth in the Affordable Housing Guidelines for the proposed unit type (i.e. 2-bedroom unit). The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. 2. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand~alone dwelling unit. 3. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The units subject to this amendment shall be resold as one-bedroom units even though they may contain two bedrooms after the basements are finished. 5. The bedrooms to be added in the basements shall not be rented out. The Applicant shall record an amended deed restriction in conjunction with obtaining a building permit to finish each of the individual basements that describes said prohibition on renting the bedrooms. 6. Any bedrooms to be added to the basements shall be located such that there is direct access from the bedrooms to the existing egress wells in order to meet the egress requirements of the building code without altering the exterior of the structures. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings In accordance with Section 26.445 of the Land Use Code, the Applicants have requested a PUD Amendment. Section 26.445.050, Review Standards: PUD Amendment Section 26.445 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. /. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed amendment is consistent with the affordable housing goals of the AACP. Staff feels that the amendment will allow for the homeowner's at Snyder Park to have the flexibility to occupy their units for the long-term and allow for the units to change with their different life stages allowing them to be vested members of the community as is encouraged by the Housing section of the AACP. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the proposed amendment is consistent with character of the existing land uses in the immediate area. The proposed amendment will not change the exterior aesthetics of the units in that unfinished basements already exist with the necessary egress. Moreover, the units will continue to be family-oriented affordable housing units. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the future development of the surrounding area in any manner. Thus, Staff finds this criterion not to be applicable to this application. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, .final pun development plan review. - 4 - d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding As was discussed in the staff memo, Staff feels that many of the bedrooms that would be added to the basements of these units will be occupied by people that already live within the development. Staff is further of the opinion that the close proximity of this development to town and to an in-city bus route encourages limited parking demand for the inhabitants of the additional bedrooms that would be provided by this amendment. In addition, Staff has proposed a condition of approval in the resolution requiring that the new bedrooms in the basements not be allowed to be rented out by the owners. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff has consulted the applicable utility agencies, who have expressed that the adequate infrastructure exists to accommodate the proposed amendments. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical naturalfeatures of the site. Staff Finding The proposed amendment does not alter the permitted density of units approved in the original PUD. Additionally, the proposed amendment involves finishing livable space that is already incorporated within the subject buildings. Therefore, finishing the basements with bedrooms and other uses will not have an impact on site drainage, soil erosion or consequential water pollution. The Applicant also is not requesting to - 6 - Staff Finding The proposed amendment will not impact the existing siting of structures on the parcel and will affect the extent to which the units are visually interesting. Staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Staff believes that the proposed amendment will not impact the emergency and service vehicle access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Staff believes that the proposed amendment will not impact the pedestrian and handicapped access that was approved in the original PUD. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The proposed amendment will not impact the site drainage since the amendment will only impact interior space that is already built. Staff finds this criterion not to be applicable to this application. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding There are no non-residential land uses proposed as part of this amendment and no non- residential uses exist within the subject development. Staff finds this criterion not to be applicable to this application. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: - 8- 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding Staff believes that the proposed amendment will not alter the extent to which the units incorporate natural heating and cooling systems. Staff finds this criterion not to be applicable to this application. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding Staff does not believe that the proposed amendment will impact the ability at which the development accommodates the shielding of snow, ice, and water in that the proposed amendment simply requests to finish interior space that already exists. Staff finds this criterion not to be applicable to this application. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: I. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The original PUD requires that all exterior lighting meet the lighting code requirements of the City of Aspen Land Use Code. The proposed amendment will not impact the development's compliance with the lighting code. Staff finds this criterion not to be applicable to this application. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: - 10- Staff Finding The affected utility agencies have reviewed the proposed plans and did not express any public infrastructure concerns. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicants are not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicants will be required by the City to provide oversized utilities. This amendment will not impact the size of utilities or public facilities that are needed to accommodate the development. Staff does not find this criterion to be applicable to this application. L Access and Circulation (Only standards I & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding This amendment does not impact the development's compliance with this requirement. Provisions were made in the original PUD approval to insure the adequate access is provided to the development. Staff finds this criterion not to be applicable to this application. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. - 12 - 0-Z- r(2- Heidi H. Hoffmann AlA H3 Architects 504 Midland Pk. PI. Aspen, CO 81611 970 925 9420 hhharch@rof.net /\ August 2, 2005 City of Aspen P&Z C/O James Lindt 130 S. Galena Aspen, CO 81611 RE: Snyder Park PUD Amendment To Whom It May Concern; I would like to extend my support to the homeowners at Snyder Park to amend the existing PUD to allow the finishing off of their basements to include uses other than bedroom use. As a neighbor and associate architect on the project, this amendment should not impact the intent of the affordable housing program to provide for one-bedroom housing nor automobile parking on Midland Avenue. That being said, I would encourage the Snyder Park homeowners to strictly monitor their own parking situation and be responsive to their neighbor's parking and driving concerns. The issue of current parking spots not being used for their intended use needs to be addressed by the homeowners themselves. Thank you for the opportunity to support the passage of this PUD amendment. Very truly yours, Heidi H. Hoffmann AlA / I / - ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~d~d~ ~~~~ ~::i~;;1~1 fU 0 SCHEDULED PUBLIC HEARING DATE: ~ I:=j I urx:J/ W'<.( WAJ{U.200_ -Iv JUt.., /'1/ UVS STATEOFCOWRADO ) ) ... Couoty of Pitkio ) I, Sa VC{ VI Bvw j ~-fu n (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official ./~ paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. "i Posting of notice: By posting of notice, which form was obtained from the F-- Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (l ~ days prior to the public hearing and was continuously visible from the 11 day of I)7;YlL ,200:5 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. L Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.06O(EX2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next poge) ~'\ I /"'"", Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the plarming agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~.~ Signature The fOreg~ "Affidavit of Notice" was acknowledged before me this I q day of-:lLL. ,20OS:;-by _'n m ~h~?~~A/ WIlNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COPYOFmEPUBUCATlON PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Jam and Smudge Free Printing UseAvery@TEMPLATES160@ 121 ROBINSON ROAD LLC 600 E HOPKINS AVE #205 ASPEN. CO 81611 - ASPEN ELF 4301 ARCADY DALLAS, TX 75205 BENNETT NEIL J PO BOX 9937 ASPEN, CO 81612 BYRNES JAMES ROBERT & VALERIE P 90 CLAY LN ASPEN, CO 81611 CORBIN MARCIA A PO BOX 9312 ASPEN, CO 81612 --.JNOHO LARRY 0 & CAROL A 19105 HOLBERTON LN BROOKVILLE, MD 20833 FISH EILEEN M 1/3 INT 6482 CHERRY CT NIWOT. CO 80503 HACH STEPHEN C 23 SMUGGLER GROVE RD ASPEN, CO 81611 HARRIS NORMAN LINDSAY JR 146 ARDMORE DR ASPEN. CO 81611 ~MING GREGG S 'I.....JlOX 622 ~EN. CO 81612 @09~S @AUaAV ~ - www.avery.co..- 1-800-GO-AVE, , "', - ADAIR ARJA P JR 5375 S GENEVA WY ENGLEWOOD. CO 80111 BANNEROT KARIN SOFIA 43A SMUGGLER GROVE RD ASPEN, CO 81611 BEYER ALAN R 410 N MILL ST #B11 ASPEN. CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COSTLEY JAMES J PO BOX 884 ASPEN. CO 81612 ELA CHARLES S 1208 E HOPKINS ASPEN. CO 81611 GROSZ COLLEEN A TRUST 155 N HARBOR DR #3612 CHICAGO, IL 60601 HALPERIN ALEXANDRA PO BOX2210 ASPEN, CO 81612 HARRISON MARK N 2/3 INT 6482 CHERRY CT NIWOT, CO 80503 HEYMAN BRUCE ALAN & VICKI S C/O GOLDMANSACHS & CO 2035 N MAGNOLIA CHICAGO,IL 60614 A1I3^,lf-09-o0B-~ WOJ.,t,aAe'MMM - - ~ AVERY@ S160illl AMES MARTHA E 23 SMUGGLER GROVE RD ASPEN, CO 81611 BEIDLEMAN NEAL J & AMY G PO BOX 4362 ASPEN. CO 81612 BROWN RUTH H 410NMILLST#B11 ASPEN, CO 81611 CONANT RICHARD H 55 SMUGGLER GROVE ASPEN, CO 81611 DEJEAN FELIX A III & CAROL YNE 1368 KATHERINE DR OPELOUSAS. LA 70570 ELLIOTT ELYSE 610 W NORTH ST ASPEN,CO 81611 GULL EVAN H REV TRUST 25 ARDMORE CT ASPEN. CO 81611 HARRIS GEORGE WALTER III PO BOX 11005 ASPEN. CO 81612 HEJDUK MILAN C/O JIRI CRHA 16390 BRAEBURN RIDGE TRAIL DELRAY BEACH. FL 33446 HYDER GENE MICHAEL 320 MIDLAND AVE ASPEN. CO 81611 , @09~S ~!JeqI!6 al zilSlII~n ap!dl!J a61!'lJ\ls ~ ~a a6I!JJnoq!~ul! uo!ssa.ldWI Jam and Smudge Free Printing Use AvenP TEMPLATE 5160@ KAL TENBOCK ERNST 1612 WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA. M4B 3A4 ''"*'' MACALPINE GORDON A PO BOX 5043 ASPEN, CO 81612 PEARL JILL 1207 E HOPKINS AVE ASPEN, CO 81611 RODBELL PHYLLIS 1101 CREST VALLEY DR ATLANTA. GA 30327 SADOWSKY DANIEL PO BOX 2210 ASPEN, CO 81612 AON FAMILY QPRT ""CIo CHARLES SIMON 1800 NE 114TH ST PH3 NORTH MIAMI. FL 33181 WANG EDWARD 0 30% 1406 MAIN ST EVANSTON,IL 60201 ,""'~' - @09~S @AU3I\V ~ - www.avery.co.- 1-800-GO-AVE , " - KNUTSON RODNEY 0 PO BOX YY ASPEN. CO 81612 MCPHERSON GREGORY J PO BOX 2073 ASPEN, CO 81612 RASTEGAR All REZA 8403 WESTGLEN DR STE 100 HOUSTON, TX 77063 RODELL TIMOTHY C & MARJORIE M PO BOX 8005 ASPEN. CO 81612-8005 SEGUIN MIKE A PO BOX 1914 ASPEN. CO 81612 SNELL NANCY L PO BOX YY ASPEN. CO 81612 WANG KARINA 1319 CRAIN STREET EVANSTON.IL 60202 A1l3^V.09-OOS-~ WO)'AlaAe'MMM - - ~ AVERY@ 5160@ LEBBY NICK & SARA PO BOX 1352 ASPEN, CO 81612 MILLER DAWN & STEPHEN H 3401 N MOORINGS WAY COCONUT GROVE, FL 33133 ROBINSON JACK A & AVIVA 1589 KIRKWAY BLOOMFIELD HILLS, MI 48302 ROSE JAMES JAY PO BOX 2096 ASPEN. CO 81612 SHECHTER IRVING TRUSTEE OF SHECHTER TRUST 1794 WINTERWARM RD FALLBROOK, CA 92028 SPECTOR LORRAINE STAVE TRST SPECTOR LORRAINE & PAT TRSTE 3 FAIR OAKS LADUE. MO 63124 WHRJ3 LLC 32205 BINGHAM RD BINGHAM FARMS, MI 48025 . e09~S ~!Jeqe6 81 zas!ll~n 8p!deJ 86elp~s Ii' ~8 86eJJnoq!lue UO!SS8.ldWI /""'. ,-, ,....... ........ PUBLIC NOTICE RE: SNYDER PARK PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 5, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Snyder Park Homeowner's Association, 210 Midland Avenue, Aspen, CO 81611, requesting approval of a PUD amendment to the approved Snyder Park Affordable Honsing PUD to allow for the nine 1- bedroom units to finish their unfinished basements. As part of the request to finish the unfinished basements, the application proposes to allow for additional bedrooms to be added to these units. The properties subject to the application are legally described as the Snyder Park Subdivision/PUD. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,jamesl@ci.aspen.co.us. slJasmine Tv2l'e Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on June 19,2005 City of Aspen Account ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 2.6.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ....511 vd t2 [/' jJ(A [-1k SCHEDULED PUBLIC HEARING D:TE: 7/.-;hs , Aspen, CO ,200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, ',,",-)./'A VVitP--S. -/;-. i IVJr/J/ (name, please print) being or representing an App icant to the CIty of Aspen, Colorado, hereby personally certifY that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: l Publication of notice: By the publication in the legal notice section ofan official paper or a paper of general circulation in the City of Aspen at least fift.een (15) days prior to the public hearing. A copy of the publication is attached'hereto. " _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. \ _ Mailing of notice. By the mailing of a notice obtained from the Comm~ity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid u.s. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ,....., ",,; o ATTACHMENT 2 -LAND USE APPLICATION ~PLICANT: Location: Name: Parcel ID # REPRESENTATIVE: Name: Address: Phone #: PROJEcr: 1"_ ~Ift,~~ ~ Aw1.iM-I1Vl1~ Address: 2-1 ~I ve- Phone #: TYPE OF APPLICATION: (please check all that apply): ~..' D Conditional Use D Conceptual PUD D Conceptua1 Historic Devt. D Special Review ;g Final PUD @: pun Amendment)f D Final Historic Development D Design Review Appea1 D Conceptual SPA D Minor Historic Devt D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporary Use D Other: D Lot Line Adjustment D TextIMap Amendment PUP ~ab& HdVSf~ d~~ t!) fI-.tL- () ~ S I in c/ I/cIAi:; ~h~ ~b~ Ha e you attached the following? Pre-Application Conference Summary Attachment #1, Signed Fee Agreement espouse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards f\Il plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of aU written text (Microsoft Word Format) must be submitted as part of the application. - - ~ ".~ / , - ,..) rowland+broughton architecture and urban design 27 April 2005 City of Aspen Community Development City of Aspen Housing Department Re: Snyder Park PUD Amendment Dear Sirs and Madams, Rowland + Broughton Architecture and Urban Design is representing the homeowner's at Snyder Park Affordable Housing Planned Unit Development in seeking a PUD Amendment. Snyder Park Affordable Housing PUD was approved in 1998. It has since been built with (15) affordable housing units, (6) three-bedroom units and (9) one-bedroom units. The one-bedroom units were all built with unfinished basements and window wells for egress. The plans originally called for slab on grade construction; however basements were added closer to construction. The owners of the one-bedroom units are interested in being able to fit-out their unfinished basements into a variety of uses. These uses include: home offices, playrooms, storage, bedrooms and bathrooms. Under the current approved PUD, additional bedrooms and bathrooms are not allowed. This application is asking for a PUD Amendment to allow the homeowners at Snyder Park the option to convert existing, unfinished basement space into a variety of different uses, including the possibility of a bedroom and bathroom. The review standards relevant to this application are the land use code for Planned Unit Development, Chapter 26.445. Specifically for our PUD Amendment, the following items apply: 26.445.050.A. 1- The proposed development shall be consistent with the Aspen Ama Community Plan. Allowing for an additional bedroom and bathroom to be developed in the unfinished basements at Snyder Park directly relates to the goal of Aspen's affordable housing program to build community. Our community is based on a healthy mix of people, who can call Aspen home. Flexibility is a key component in creating the mix of people. Young people move to Aspen, often find a partner and possibly start a family. Our housing needs to allow for the flexibility of life and encourage roots to be established. 26.445.050.A.2- The proposed development shall be consistent with the character of existing land uses in the surrounding ama. The east side of town is residential and is going through a major redevelopment. As house prices soar, more locals are forced out of the City. By allowing for an additional bedroom and bathroom to be developed in the unfinished basements, homeowners at Snyder Park will have more options to remain in residency in the City. The option to develop the unfinished basements gives the homeowner the ability to add value to their property all within the Housing Department's guidelines. 1 of 2. ~~ :;-:":;;;. ;~. '::- ...., ~:I'~ ~"'- ~",o <,,0 :,,""-<1(1) a!2:~ ~.. 0 -~o ...." a2l~ th ~.. m Ottl ~ c_.. <c".. ,,-- o~~ ~- - o a. AI 0.. '" 3~" < .. -.:. ~:) 0" " =00 gCD~ @o", a~:: !. (.n 'c. ~ "."- aZ;co 0"0 " ~",o o. Os c",.. <co.. "",. _. '" 0-0 ~"'o o-...,t(J) 0"'. 3," ;:;'" 0" ",p .", "'.. 0.. ",. .", -.. "'" ~'" -. /...... ,-_,,f f' '... Snyder Park PUD Amendment Application 26.445.050.8.6- The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattem is compatible with its surrounding development pattems and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site c) The increase in maximum density results in a development pattem compatible with, and complimentary to, the surrounding existing and expected development pattem, land uses and characteristics. This PUD Amendment meets all of the conditions mentioned above. Through many conversations with both the City of Aspen Housing Board and City of Aspen Community Development, we strongly believe that by adopting a PUD Amendment to allow for the development of the unfinished basements at Snyder Park takes us further to the goal of flexible, diverse and balanced affordable housing. We welcome any conversation or questions regarding this application. ~ Sarah Broughton, AlA Cc: Snyder Park Homeowners 20fZ Apr 07 04 09:31a Dr'l," G1 ick 1-970-920-380U p.l . . . , SNYDER PARK CONDOMINIUMS RULES AND REGULATIONS pun;uant to the condominium Declaration and ByI8W& of the Snyder Park Condoniniums. ("AssOdation" or 'compleX" herein),lhe Exec;Ulive Board ("Boanli haS adOp\ed the foUoWing Rules and Regulations to govem theu58 and enjoyment of the S~er Park Condominiums. "Complex" also refels lD. condorniniJm unlls plll& the general and limiled common e\emenls. The Board desires to ensure the higheSt postIbIe standardS of li\Iing experience within the compl811. In order to accomplish this. the Board reques\ll the cooperation of ell pelSOOS residinll in or IIisitinlIthe compl811 in the obseMlncB of the following: 1. ~. I. Permitted. Dogs and cats are permitted on the premises. subject to the provisions contained herein. No other pets of any nature wbatsoeV<< shall be allowed on the premises. in a unit or on the complex without prior written approval from the Association. The Association sball have the authority to preclude any other pelS within the complel<, or to approve any other pets, subject to any conditions the Association detennines. 2. MandatolV p.eviewlRillht to Amend. As soon as is practicable after three (3) months from the date of closing of the sale of the first Snyder Park Condominium unit from the Aspen1Pitkin County Housing Authority to a purchaser, the Exeeutive Board of the Association shall meet to review the policies and procedures regarding pets set forth herein. The Association shall have the right at that time and any time thereafter, to amend or modify these rules and/or procedures regarding pets, including the right to prohibit any and/or aU pets within the complex or the units at any time, provided, howl:Yer. that in the event the Association elects to prohibit pelS at any time, such prohibition shall apply only prospectivelY, to new owners and/or new pets for existing owners. In no event shall an existing pet owner who is not in violation of any of the provisions of these Rules and Regulations regarding pelS be required to remove a pet from the complex when any such rule is enac;t<'<I. 3. p.p_'ltriction on Pets. All pets shall be under strict voice control or on a leash at all times that they are on the complex. No pets shall be allowed to run at Iarge on the "COmplex, nor shall any pets be tied to or confined on any general or limited common element of the complex at any time. including decks and patios. No pets sball be allowed outdoon at night, unless accompanied by the owner and under strict voice control or on a leash. No pets shall create a nuisance or disturb the peace of the complex or other owners. including without limitation, any loud or excessive barking; any destrUction to iandsaq)ing or other common elementS on the complex; any commotion, disturbance or littering of trash receptacles or dumpsters on the complex; and the like. Owners sball be responsible to pick up their own pet's excrement. 4. Violations. In the event of any violation of these provisions, any owner or the Association may file a complaint with the Executive Board. Upon receipt of any complaint of a violation, the Executive Board shall schedule a bearing as soon as practicable to hear the complaint and give the owner of the offending pet the opportunity to rebut the ....' ......................_....~ ApiI6._ Apr 07 04 09:3la D,'1!, Glick l-970-920-311UU p." . complaint. After hearing the evidence and arguments presented, the Executive Board shall determine whether a violation bas occurred. The Executive Board's decision in the matter shall be final and not appealable. In the event the Board determines a violation bas 0CQUTed, it shall have the authority to impose a fine or any other enforcement it determines appropriate, except in the case of pets running free within the complex, tied up or confined to a conunon element, or causing a disturbance or nuisance with loud or excessive barking. In eaclt of these cases, the fine for each offense sball be fifty doUars ($50.00), for the first two offenses. AU fines shall be treated as assessments and the Association shall have the authority to impose an assessment lien for any unpaid fines hereunder. In the event any pet is the subject of any three valid complaints (i&, complaints the Executive Board has ruled valid), the offending pet shaD immediately be evicted from the Snyder puk Condominiums. Until the date the pet physically leaves the premises, the owner sha1I be tined one hundred donars (5 I 00.(0) per day for each day after the effective date of the Board's decision until the pet is no longer on the premises. Thereafter, the offending pet's owner shall be thereafter precluded from owning any other pets on the premises without prior approval of the Association. In addition, the Association reserves the right to turn off the utilities to the unit of an owner whose pet is in violation and who has not paid the appropriate fine, ceased the objectionable behavior or removed his pet from the premises_ . 2. Parking & Vehicle Maintenance. Only operable and currently licensed automobiles, trucks, vans and motorcycles, not exceeding one ton in size, shall be kept or maintained on the Conunon Elements- No vehicle maintenance or repair shall be canied out at any Unit or on the Common Elements. No motor homes, boats, snowmobiles or similar recreational vehicles and no trailers shall be parked within the Project. Parking spaces shall be maintained as parking spaces and not used for any other purpose. Parking of pennitted vehicles shall be limited and restricted to designated parking areas for Owners and guests. The Association sball have tbe right to preclude any vehicle or motorcycle that makes excessive noise, in the Executive Board's determination, from parking on the conunon elements. Owners shall not lease their parking space to any individua1 ~ with prior Association approval, a unit owner may lease his parking space to anotherunit owner in the Snyder Park Condominiums, for that unit owner's personal use. Any owner, guest or tenant parking in unauthorized spaces may be towed, booted and/or fined, in the Association's discretion. Any fine shall not be less than one hundred dollars ($100.00) per occurrence. Any violation of the prohibition against leasing set forth above shall be subject to a fine equal to one hundred dollars ($100.00) per each day of violation and the Association may enforce this fine by assessment lien foreclosure. 3. lls. The complex shaI1 be used solely for residentiaI purposes and for services. activities, and recreation in conjunction with said residentiaI use. No business or conunercial use of any nature may be conducted within a unit or on the complex, except for home occupations as defined by the Aspen Municipal Code, as amended, and as approved by the Association. 4 _ Insurance. Nothing may be done or stored within the complex that might result in an increase in the premiums for insurance obtained for any portion of the complex or which might caulMl canceUation of such insurance. ,.., Rula and Rcp,WIiOlWo [or Snyder PaIk CondominRns Apn16. 2004 . Apr 07 04 09:3la Dan Glick l-:::J/U-"CU-~OUU ...~ . 5. V"\Olation~Tbe Law. Nothing shall be done withintbe compIex that wou1d be in violation of any statute, rule, ordinance, regulation, permit, covenant or other validly ilnposed requirement of any governmental body, including the zoning, subdivision or building restrictions of the City of Aspen. 6. Garllall.e I Trash. All garbageJtrash shall be placed in sealed garbage cans and stored in the unit or a dumpster or dumpsters provided by the Association until garbage/traSh pick up day. Trash, debris, and/or garbage left in the common areas may be removed by the Association and the Association shall impose a fine in the amount of fifty dollars ($50.00) per occurrence, assessed against the unit responsible for such trash. 7. Decks & Patios: Common Elemc!'!ts. Tbe following are allowed to be stored on decks and patios, designated as Limited Common Elements, provided they are stored in a neat and orderly manner: 1. Patio furniture in good condition and in an amount appropriate to the space. 2. One (1) gas cooking grill, in good working order, and not a fire hazard. . In all cases, the Board of Directors will be the tinal judge as to the condition of the common areas, in order to ensure a pleasing appearance to the entire complex. No unit owner shall obstruct, damage or commit waste to any oCthe common elements. Except as provided herein, no unit owner shall change, alter, repair or store anything in or on any ofthe common elements witbout the prior written consent of the Association. 8. Antenna. No antenna of any sort shall be placed, allowed, or maintained on any portion of the general or limited common elements without the prior approval of the Association, which may be withheld in the sole discretion of the Association. 9. Personal Propertv. Any personal propeny left in the general or IiD1ited common elements may be presumed abandoned and will be disposed ofby the Association at no liability to the Association. The Association shall not be responsible for any loss, due to theft, damage or otherwise. to any personal property stored or otherwise left on any COIRIIlOn element, whether allowed or prohibited by the Rules and Regulations. 10. No Noxious. Offensive. Hazardous or Annoving Activities. No noxious or offensive activity shall be carried on upon any part of the project nor shall anything be done or placed on or in part of the project which is or may become a nuisance or cause embarrassJDelll, disturbance or annoyance to others. No activity shall be conducted on any part of the project and no ilnprovements sball be made or constructed on any part of the project which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the project which is unreasonably loud or annoying. No odor shall be emitted on any part of the project which is noxious or offensive to others. No light shall be emitted from any part of the project which is unreasonably bright or causes unreasonable glare. ....' RWe5andRqpIIItiOl\Sfor~Puk~ Apl16. 'M04 . Apr 07 04 09:31a Dan Glick l-::1I/U-Ojlf:u-",auu I"'~ , . ., . 11. No UnsiKhtIiness. No unsightliness shall be pennitted on or in any part of the project. Wrthout limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the common elements, nothing shall be hung or placed on any of the common elements, and nothing shall be placed on or in windows or doors of units which would or might create an unsightly appearance. 12. Restriction on Signs. No signs or advertising devices of any nature sha1I be eRlCted or maintained on any part of the project. 13. Maintenance of Units and Conunon Elements. Each unit and all improvemelltS, fixtures and furniture and equipment therein shall be kept and maintained by the unit owner in a clean, safe, attractive and sightly condition and in good repair. No structural alterations within any UDit or with respect to any conunon elements shall be made and no electrical, plumbing or similar work within any unit (except minor repair work localized within the unit not affecting these overall utility systems) shall be done without the prior written consent of the Association and any building or other pennits required by the City of Aspen. . 14. Owner Caused Damage. If, due to the act or neglect of a unit owner, loss or damage shall be caused to any person or property, including the project or any unit therein, such unit owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Association and the carrier of the insunmce has waM:d its rights of subrogation against such unit owner. The amount of such loss or damage may be collected by the Association from such unit owner as a special assessment against such unit owner, by legal proceedings or otherwise, and such amount shall be secured by a lien on the unit of such unit owner as provided elsewhere in this Declaration for assessments or other charges. 15. Lease Requirements. I. Any lease shall be in writing and provide that the lease is subject to the terms of the Deed Restrictions, Declaration, Bylaws, and these Rules and Regulations. 2. Any failure to comply with the terms of the Deed Restrictions, Declarations, Bylaws, these Rules and Regulations, or any governing documents of this Association shaI1 be a material default under the lease, enfurceable by the Association. In addition, whenever this Declaration or any rule or regulation of the Association prohibits any action ot; or assigns responsibility to, any unit owner and any provision of the Declaration or rule or regu1ation is violated by a tenant, licensee or guest of any unit owner (or anyone occupying the premises with his consent), the unit owner shall be responsible for any such violation to the same extent as if the unit owner had conunitted the same (except to the extent that such liability is prohibited by law). 3. Each owner shall be individually responsible to send to the offices of the Association or its Management Company: (1) A copy of any current lease between that .........~ "''''-'' """""'""'.... ....... 2004 ,.. . Apr 07 04 09:32a p,an Gl ick 1-970-920-3800 p.:> t . owner and their tenant(s), as well asthetenant(s) phone number and local mailing address; and (2) A copy of the currenI Rules and Regulations signed by tbe tenant(s). 16. No Impainnent of Structural Intetlrity. Nothing shall be done, without the written consent of tbe Association, in, on or to, any unit or the common elements, or any portion thereat: which might impair the structural integrity of the buildings or which would structurally change the buildings. 17. Bicycles. All bicycles shall be kept in an owner's unit, on a limited common element appurtenant to an owners' unit, or in areas specifically designated for bicycle storage on the common elements by the Association. 18. Assessment - Late Payment Interest. Any assessment received after the 5th day of the month shall accrue interest on the unpaid balance at the rate of 1 3/4% per month. . 19. ~. After fifteen (15) days written notice to a unit's owner, continuing and/or negligent disregard for any of these Rules and Regulations or any otber governing covenants of the Association by an owner or guest may result in the offending unit being assessed an additional montbly amount, at tbe discretion of the Board ofDirectors, of up to two hundred doOars ($200.00), plus the cost of actual damages. Continuous and repeated violations for more than twdve (12) months may result, at the discretion of the Board of Directors, in additional assessment being raised to one thousand dollars ($1,000.00) per month, plus the cost of actual damages. The Association shall have the authority to shut off utilities to any offending unit for failure to pay any fines or for failure to abide by these Rules and Regulations. These Rule and Regulations of the Snyder Park Condominiums are adopted the -L day of March, ~1l6 by unanimous consent of the Executive Board of the Snyder Parle Condominium Association. ~'" -x, " '" "\(, l-J(...l T' _ . Ls, President Snyder Parle Homeowners Association R......._lO<......_"""""""_ April 6,2004 .....' . , , / _,r' ~ , "" CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY 'LANNER: PROJECT: REPRESENTATIVE: OWNER: APPLICANT: PROPOSAL: Applicable Land Use Code Section(s): Review by: l>ublic Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Scott Woodford, 920-5102 (scottwlalci.asoen.co.us) DATE: 4.16.04 Snyder Pari<. Affordable Housing Sarah Broughton (sarah@rowlandbroughton.com) Snyder Pari<. Affordable Housing Unit Owners Snyder Pari<. Affordable Housing Homeowners Association The applicant proposes two scenarios. \'i=1ario ...cj proposes the applicant have the option to convert existing, unfinished basem~ space in anyone of the project's 9 one-bedroom units into a variety of different uses, including the possibility of a bedroom and bathroom. Under Scenario R), the applicant would like to have the option to convert the existing, unfinished basement space in the project's one bedroom units into a variety ofuses. such as media or recreation room, but not including a bedroom or bathroom. Depending on which scenario the applicant chooses to pursue, there is a difference in the review process. as noted below. Prior to making an application, the applicant will need to specify which scenario they propose. 26.445 Planned Unit Development (PUD) Amendment Staff for completeness of application, referral to applicable agencies for technical considerations and a Development Review Committee (DRC) meeting, then Planning & Zoning Commission and City Council for final approval of the above Land Use Code actions. (Note: If the applicant proposes Scenario A, both P&Z and Council review are required; Scenario B only requires P&Z review.) Yes: P&Z and City Council (Note: applicants must post the property and mail notice at least 15 days prior to hearing and shall provide proof of posting and mailing with an affidavit at the public hearing). (Note: If the applicant proposes Scenario A, a public hearing with both P&Z and City Council is necessary; Scenario B, only requires a public hearing with P&Z.) Zoning, Fire Marshall, City Water, ACSD, Building Department, and Housing Major Fee $2,620 for 12 hours; $220/hr. for additional staffhours Housing, Major ($355 each) $2,975 To apply, submit the following infonnation: I. Proof of ownership with payment. 2. Signed fee agreement. Q)1>-'" Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. .s.",ol"uTotal deposit for review of the application. /< 24 Copies of the application packet. P&Z = 10; CC = 7; Referral Agencies = 6; Planning Staff = 1 (Note: 24 copies are required if applicant chooses Scenario A; 17 copies are required if Scenario B is chosen). 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ::l( Site plan and floor plan for typical unit. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. @ List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee (GIS Phone #: 920.5453) ~ . I"" Copies of prior approvalS. N / ,... . Applications shall be provided in paper fonnat (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disc (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word fonnat is preferred. Text format easily convertible to Word is acceptable. Copy of the homeowners association declarations. )i Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon filctual representations that mayor may not be accurate. The summary does not create a legal or vested right. .1"" r-, - ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project, 311m"" ~ IIrm, fWi1eK - p,; D ~..toT Apphcant: Sh ~ J/::::I'AJWYlf'.A,.<{ Location: Z.I 'd . Zone District: 1i1i ~ ~V 9: Lot Size: ce A ~/~) 1S4-, S'":15 IS F Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the deftnition of Lot Area in the Municipal Code.) - Commercial net leasable: Number of residential units: Number of bedrooms: Existing: ;V/A Existing: Existing: Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): IV /11 - DIMENSIONS: Floor Area: Existing: Allowable: Principal bldg. height: Existing: Allowable: Access. bldg. height: Existing: Allowable: On-Site parking: Existing: Required: % Site coverage: Existing: Required: % Open Space: Existing: Required: Front Setback: Existing: Required: Rear Setback: Existing: Required: Combined FIR: Existing: Required: Side Setback: Existing: Required: Side Setback: Existing: Required: Combined Sides: Existing: Required: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: - Existing non-conformities or encroachments: Variations requested: c_ - "" - ~~iU II :: .."'!) ~~~:;~~~~~~ ~:::JZ:'" ....',i! ~;Ji ~, z U.J A b.. VJ ~ '; ; ~~ " 'Wt-d ., """, ~ . , . ~""""',~ ',,~, ~~ " I> "' 1 ~ ~ , " > , , ; ~ , "1 7 , i ~ 0 ,.,."'<"" , " " , C;:' w - " " " ~ ~ < Z ; ~ " < f It f" . ;-",;) ~""""'" """" !;;; ~:f>"",,,,,, ""''''''''''''''~ !;.... ......"" ,. --,"':c",:;'""""", ">>">>,,<> ,J ,0 ""'''''''''''~:.;;;~~~ '"'" '"'" '"'" '"'" , , . ~-'f ~~ ~ . ['''''1 ....""'--""'- ,of .1~ l#;...~ "'~;? ~i:\ , , " "'"' .I".,..",'" ,~,...";;;,.<<" Q'..:><::>....-"'" ~-- . , MEMORANDUM TO: Plans were routed to those departments checked-off below: o ........... City Engineer o ........... Zoning Officer X ........... Housing o ........... Parks Department o ........... Aspen Fire Marshal o ........... City Water 0........... Aspen Consolidated Sanitation District o ........... Building Department 0........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning TO: Cindy Christensen, APCHA FROM: James Lindt, Senior Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-429-2763 Fax-920.5439 RE: Snyder Park PUD Amendment Parcel ID #2737-181-66-001 DATE: 5/12/05 COMMENTS: Hi Cindy, Please find attached an application requesting a PUD amendment to allow for the unfinished basements at Snyder to be finished with bedrooms and bathrooms. Please review and return comments to me by June 3'd. Thanks, James APPLICATION SENT OUT TO HOUSING 5/12/05 WRITTEN REFERRAL COMMENTS DUE 6/3/05 - -'....., MEMORANDUM TO: Plans were routed to those departments checked-off below: o ........... City Engineer o ........... Zoning Officer o ........... Housing o ........... Parks Department 0........... Aspen Fire Marshal o ........... City Water 0........... Aspen Consolidated Sanitation District X ........... Building Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning TO: Dennis Murray FROM: James Lindt, Senior Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-429-2763 Fax-920.5439 RE: Snyder Park PUD Amendment ParcellD #2737-181-66-001 DATE: 5/12/05 COMMENTS: Dennis, Please find attached an application requesting a PUD amendment to allow for the unfinished basements at Snyder to be finished with bedrooms and bathrooms. Please review and return comments to me by June 3rd. There will not be a DRC Meeting on this application. Thanks, James APPLICATION SENT OUT TO HOUSING 5/12/05 WRITTEN REFERRAL COMMENTS DUE 6/3/05 " , CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT '-....',,,'" Al!reement for Pavment of Cltv of A,oen DeveIooment Aoollcation Fees CITY OF ASPEN (hereinafter CITY) and -Sli\'1~'Pa.;vk... tLOWIfA"WYI~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. Y an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient infonnation to the Planning Commission and/or City Council to enable the Planning Commission andlor City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. ,""-' 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicatif completeness, APPLICANT shall pay an initial deposit in the amount of$ N I Pi*' which is for mA hours of Community Development staff time, and if actual recorded costs e;'ceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimbu= the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.oo per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. "- CITY OF ASPEN APPLICANT By: I..ll...~i..... -Nuud" C~vi., B~tt6Y\ Community DeveIopmeut Director BY:~ P.>VJVj~ [rep~ve.) Date: 1lalos M')illng Address: /ftJw(o.nd+ ~V1N<Jh"frp-, Ifvt.kr..iluju~ a-l 160 -P... uu>pPA/ ~ 1F~':1, U...."aM lXstJ"" ('A> 8/fe,/J ~PPM I I g:\supportlforms\agrpayas.doc 1/10/01a - '-.-. ~ Ci~ will ~~t ri~~ b~ Wet/Ill,! ~ fte.S ( ttS p.vv- cw..i~ B.,..('" < <:J....'" Uvo.t~ ~