HomeMy WebLinkAboutcoa.lu.su.Kraut.A57-93
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
10/12193
I<::J/ / ~ "'3
PARCEL ID AND CASE NO.
2737-182-27-002 A57-93
STAFF MEMBER: LL
PROJECT NAME: Kraut Property Subdivision. Special Review. GMOS
Exemption. Condominiumization. Vested Riqhts and Text Amendment
Project Address: Southwest corner of E, Hvman & Oriqinal
Legal Address: Lots E. F. F and I. Block 105. citv & Townsite
APPLICANT: citv of Aspen & Aspen/Pitkin Housinq Office
Applicant Address: c/o Tom Baker. 503 E. Main. Aspen 920-5050
REPRESENTATIVE: Jim curtis. curtis & Associates
Representative Address/Phone: 300 E, Hvman
Aspen. CO 81611 920-1395
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FEES: PLANNING ' $ # APPS RECEIVED 8
ENGINEER $ # PLATS RECEIVED 1
HOUSING $
ENV. HEALTH $
TOTAL $
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP:-K--
P&Z Meeting Date~ PUBLIC HEARING:~ NO
VESTED RIGHTS: YES NO
CC Meeting Date ~< I~_
PUBLIC HEARING:
VESTED RIGHTS:
YES
YES
NO
NO
DRC Meeting Date'f=s 6 if :;./
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REFERRALS:
City Attorney
City Engineer
Housing Dir. ~
Aspen Water
City Electric
Envir.Hlth.
Zoning
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Parks Dept. School District
Bldg Inspector Rocky Mtn NatGas
Fire Marshal . COOT
Holy Cross Clean Air Board
Mtn. Bell Open S ace oard
ACSD a> ....dL- other
Energy centerp~ Other
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DATE REFERRED: 1f;/1 3 INITIALS: ~. DUE: / 0 ~-z...-.
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_ City Atty ~ City Engineer _Zoning _Env. Health
_ Housing ~ Open Space Other:
FILE STATUS AND LOCATION:
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370669 B-752
SILVIA DAVIS
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P-192 06/02/94 10,llA PG 1 OF 19
PITKIN COUNTY CLERK & RECORDER
REC
95.00
DOC
3/29/94
SUBDIVISION AGREEMENT
FOR THE
715 EAST HYMAN AVENUE CONDOMINIUMS
A,K,A, KRAUT PROPERTY AFFORDABLE HOUSING PROJECT
This SUBDIVISION AGREEMENT is made and entered into this oJ. day of ~
_, 1994, by and between the Aspen/Pitkin County Housing Authority, a m~'~
jurisdictional housing authority ("Owner") and the City of Aspen, a municipal corporation
("City").
WITNESSETH
WHEREAS, Owner owns that certain real property (the "Property") located in the
City of Aspen, County of Pitkin, State of Colorado, known as Lots E, F, G, H, I, Block
105, City and Townsite of Aspen; and
WHEREAS, on January 24, 1994, the City Council of the City of Aspen granted
approval pursuant to Sections 24-6-207, 24-7-1004 C.1 and 24-8-104 of the Municipal
Code of the City of Aspen (the "Code") for the development of twenty-seven (27) deed-
restricted dwelling units, fifty-five (55) underground parking spaces, and the
condominiumization of both the dwelling units and underground parking spaces situated
on the Property (see Ordinance No. 65, Series of 1993, a copy of which is attached
hereto as Exhibit A); and
WHEREAS, the approval of such development and condominiumization by the
City was conditioned upon the Owner complying with certain requirements, including the
entering into and execution of a Subdivision Agreement for the Property; and
WHEREAS, the Owner has submitted to the City for approval, execution and
recordation a Subdivision Plat for the Property (the "Subdivision Plat") and the City
agrees to approve, execute and record the Subdivision Plat on the agreement of the
Owner to the matters described herein, subject to the provisions of the Code, the
conditions contained herein and other applicable rules and regulations; and
WHEREAS, this Subdivision Agreement and Plat is intended to supersede and void
the prior subdivision for the property known as the Kraut Lot Split, Lots 1 & 2,
according to the Subdivision Plat thereof, recorded in Plat Book 24 at Page 5; and the
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following agreements known as the Kraut Lot Split Curb, Gutter and Sidewalk
Improvements Agreement recorded in Book 616 at Page 574; the Kraut Lot Split
Exemption From Subdivision recorded in Book 616 at Page 576; and the Kraut Lot Split
Ordinance No. 10, Series of 1990, by the City of Aspen recorded in Book 627 at Page
827 all of the records in the Office of the Clerk and Recorder of Pitkin County,
Colorado.
WHEREAS, the City has imposed conditions and requirements in connection with
its approval, execution and acceptance of the Subdivision Plat and such, matters are
necessary to protect, promote and enhance the public health, safety and welfare and,
pursuant to the Code, the City is entitled to aSsurances that the matters set forth herein
will be faithfully performed by the Owner and the Owner's successors and assigns; and
WHEREAS, the Owner is willing to enter into such agreement with the City and
to provide assurances to the City;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and the approval, execution and acceptance of the Subdivision Plat for recordation by the
City, it is agreed as follows:
1. Descriotion of Proiect. The project contains 27 studio and I-bedroom deed-
restricted dwelling units and 55 underground parking spaces. The 27 dwelling units shall
be deed-restricted to Category 3 or less of the Aspen/Pitkin County Housing Authority
("APCHA") Housing Guidelines and shall either be sale or rental units as determined by
City Council prior to occupancy of the units. Of the 55 underground parking spaces, 27
shall be reserved for the residents of the project, at I space per bedroom, and 28 spaces
shall be leased or sold to the public as determined by City Council. Both the dwelling
units and parking spaces shall be condominiumized.
2. Acceptance of Subdivision Plat. Upon execution of this Agreement by all parties
hereto, and upon approval of the Subdivision Plat by the City Engineering Department
and Planning Office, the City agrees to approve and execute the Subdivision Plat for the
project submitted herewith, which conforms to the requirements to Section 24-7-1004 of
the Code. The City agrees to accept such Subdivision Plat for recording in the Office of
the Pitkin County Clerk and Recorder upon payment of the recordation fee and cost to
the City by Owner. Reduced size copies of the following documents, representing plats
and plans that have been approved as part of this Subdivision Agreement, are attached
hereto as Exhibit B:
a. Subdivision Plat
b. Site Plan
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c. Building Elevations
d. Landscape Planting Plan
e. Site Grading & Drainage Plan
3. Construction Schedule and Phasing:. The City and Owner mutually acknowledge
that an exact construction schedule cannot be determined for the project at this time.
However, it is anticipated that construction of the project will begin in the spring!
summer 1994, with completion occurring within 16 months thereafter. However, it is
mutually agreed the project may be constructed in phases to allow the temporary
relocation of a City Market facility on the Property at the discretion of City Council.
4. Parking: and Open Soace Requirements. Owner shall provide 27 parking spaces
in the underground garage for the residents of the project at 1 space per bedroom and the
balance of the 28 parking spaces in the garage shall be leased or sold to the public at the
determination of City Council. The project's open space requirement shall be in general
conformance to the Site Plan included as part of Exhibit B.
5. Public Improvements and Landscaping.
A. Special Improvement District. Owner hereby agrees to join any special
improvements district(s), in the event one is formed, which includes the project
site.
B. Curb and Gutter. Owner hereby agrees to install, at its expense, curb and
gutter adjacent to East Hyman Avenue and South Original Street, (if damaged
during construction) as depicted on the Site Plan which is attached hereto as part
of Exhibit B. In addition, Owner shall install additional street pavement to connect
the new curb and gutter to the existing street surfaces, as required. Attached
hereto as Exhibit C is a cost estimate for these improvements prepared by
Schmeuser, Gordon & Meyer, Engineers.
C. Sidewalks. Owner hereby agrees to install, at its expense, sidewalks along
East Hyman Avenue and South Original Street in accordance with the Site Plan
which is attached hereto as part of Exhibit B. Attached hereto as Exhibit C is a
cost estimate for the sidewalks prepared by Schmeuser, Gordon & Meyer,
Engineers.
D. Street Light. Owner hereby agrees to install, at its expense, a street light
on the comer of the alley on South Original Street as directed by the City
Engineering Department or enter into a street light improvement and cost sharing
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B-752 P-195 06/02/94 10:11A PG 4
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agreement for street lighting along South Original Street in the vicinity of the
project as directed by the City Engineering Department. Attached hereto as
Exhibit C is a cost estimate for the street light prepared by Schmeuser, Gordon &
Meyer, Engineers, or if directed by the City Engineering Department Owner's
maximum contribution to any street light improvement and cost sharing agreement.
E. Landscaping. Owner hereby agrees to install, at its expense, the
landscaping in accordance with the Landscape Plan which is attached hereto as part
of Exhibit B. Attached hereto as Exhibit D is a cost estimate for the installation
of such landscaping prepared by Mt. Daly Enterprises, Landscape Architects.
F. Security for Public Improvements and Landscaping. In order to secure the
performance of the construction and installation of the public improvements
described above, Owner shall provide a bond, letter of credit, cash or other
guarantee in a form satisfactory to the City Attorney in the sum of $66, 136. Said
guarantee shall be delivered to the City prior to the issuance to the Owner of any
building permits for the project. The documents shall give the City the
unconditional right, upon clear and unequivocal default by the Owner in its
obligations specified herein, to withdraw funds against such security sufficient to
complete and pay for installation of such public improvements. As portions of the
improvements are completed, the City Engineer shall inspect the same and, upon
approval and acceptance, the City Engineer shall authorize the release of the
agreed estimated costs for such completed improvements. The Owner shall require
all contractors to provide a warranty that all improvements were constructed to
accepted standards of good workmanship for the benefit of the City for the
installation of the public improvements described herein for one (1) year from the
date of acceptance. In the event that any existing municipal improvements are
damaged during project construction, on request by the City Engineer, a bond or
other suitable security for the repair of those municipal improvements shall be
provided by Owner to the City.
6. Utilities Relocations. Owner shall be responsible for the cost of relocating any
utilities required by the project.
7. Construction Walkways. During the time of construction of the project, Owner
shall provide covered pedestrian walkways on the East Hyman Avenue and South Original
Street sides of the project.
8. Highway 82 Work. Work in the Highway 82, aka South Original Street, right-of-
way is prohibited between June 15 through Labor Day unless authorized by the City
Streets Department.
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B-752 P-196 06/02/94 10:11A PG 5
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9. Drainage. Prior to the issuance of any building pennits for the project, a drainage
plan shall be submitted to the City in accordance with Section 24-7-1004 (C) (4) (1) of
the Code and shall be approved by the City Engineering Department. The drainage plan
shall include calculations showing that the historic rate of run-off will be maintained. A
copy of the approved drainage plan is attached hereto as part of Exhibit B.
10. Public Rights of Way. Owner must obtain all applicable pennits from the City
Streets Department and design approval from the City Engineering Department for any
work done in the public rights of way.
11. Sanitation District Approval. Prior to the issuance of any building pennits for the
project, detailed plans shall be approved by the Aspen Consolidated Sanitation District
to insure that surface run-off, roof drains, foundation drains and any other clear water
drains are not connected to or tapped into the sanitary sewer. Adequate oil and grease
interceptors must be installed in the floor drains for vehicle parking areas in the event
they are connected to the sanitary sewer.
12. Electric Department Approval. Prior to the issuance of any building pennits for
the project, detailed plans shall be approved by the City Electric Department to detennine
the electrical load, transfonners and electric easements requirements of the project.
13. Existing Trees. Not applicable. No trees currently exist on the property.
14. Snow Protection. Owner shall design and construct the improvements on the
project in such as way as to protect public and internal sidewalks, dumpsters and
walkways from snow shedding.
15. Deed Restrictions. The 27 dwelling units shall be deed-restricted to Category 3
or less of the applicable Aspen/Pitkin County Housing Authority ("APCHA") Housing
Guidelines. The APCHA shall review and approve all deed restrictions for the project
prior to the issuance of a Certificate of Occupancy for the project.
16. Lease Restrictions. Leasing of the units shall be governed by the applicable deed-
restriction and the applicable City of Aspen regulations.
17. Condominium Map. Upon substantial completion of the project, a condominium
map and condominium declaration for the project must be prepared and approved by the
City Engineering Department and the Planning Office. The condominium map and
declaration shall be approved and recorded with the Office of the Pitkin County Clerk and
Recorder prior to the conveyance of any of the individual units and parking spaces within
the project.
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B-752 P-197 06/02/94 10:11A PG 6
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18. Material Representations. All material representations made by the Owner on
record to the City in accordance with the approval of the project shall be binding upon
the Owner, its successors and assigns.
19. Enforcement. In the event the City determines the Owner is not in substantial
compliance with the terms of this Agreement or the Subdivision Plat, the City may serve
a Notice Of Non-Compliance and request that the deficiency be corrected within a period
of forty-five (45) days. In the event the Owner believes that it is in compliance or that
the non-compliance is insubstantial, the Owner may request a hearing before the City
Council to determine whether the alleged non-compliance exists or whether any
amendment, variance or extension of time to comply should be granted. On request, the
City shall conduct a hearing according to standard procedures and take such action as it
then deems appropriate. The City shall be entitled to all remedies at equity and at law
to enjoin, correct and/or receive damages for any non-compliance with this Agreement.
20. Notices. Notices to the parties shall be sent by United States Certified Mail,
Return Receipt Requested, Postage Prepaid, to the addresses set forth below or to any
other address which the parties may substitute in writing. Such notices shall be deemed
received, if not sooner received, three (3) days after the date of mailing of same.
To the Owner:
Executive Director
Aspen/Pitkin County Housing Authority
530 E. Main Street, Lower Level
Aspen, Colorado 81611
With a copy to:
Thomas Fenton Smith, Esquire
Austin, Peirce & Smith, Attorneys
600 East Hopkins Avenue, Suite 205
Aspen, Colorado 81611
To the City Of Aspen:
Aspen City Manager
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
With a copy to:
Aspen City Attorney
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
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06/02/94 10,11A PG 7
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--:zr:---BTllilIiig-Effect. -The provisions of this Agreement shall run with and constitute a
burden on the land on which the project is located and shall be binding on and enure to
the benefit of the Owner, its successors and assigns and to the City, its successors and
assigns .
22. Amendment. This Agreement may be altered or amended only by written
instrument executed by all the parties hereto with the same formality as this Agreement
is executed.
23. Severability. If any of the provisions of this Agreement are determined to be
invalid, it shall not effect the remaining provisions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Agreement the day and year first above written.
ATTEST:
~trik
CITY OF ASPEN, a municipal
corporation
By: ~ 11...--;:/(-
John nnett, Mayor
APPROVED AS TO FORM:
ASPEN/PITKIN COUNTY HOUSING
AUTHORITY, a multi-jurisdictional
h~
By:
Dave Myler, Chai an
c....,4'G( /Y~/~-
CitY' Atto ey
-6d/p
City Manager
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370669
B-752 P-199 06/02/94 10.11A PG 8
OF 19
State Of Colorado )
) ss:
County of Pitkin )
~Th~ foregoing instrument is hereby acknowledged before me this..".,,~,.,!,~" ".ay,o f
, , 1994 by John Bennett, as Mayor, and Kathryn S. Koch, as City Clerk of the
Ci y f Aspen. ,~..,:c,:,;;;c~
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Witness my hand and seal. ,.' ';i' </~
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My commission expires:
MV Commlaalon expires 9/27/96
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State Of Colorado )
) ss:
County Of Pitkin )
. ~ .. .
The foregoing instrument is hereby acknowledged before me this,;?/~ay of
~'~ J , 1994 by Dave Myler, Chairman of the Aspen/Pitkin County Housing
A thority.
Witness my hand and seal.
My commission expires: /)/};
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8-752 P-200
06/02/94 10:11A PG 9
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LIST OF EXHIBITS
EXIllBIT A
Ordinance No. 65, Series of 1993 (City Of Aspen).
EXIllBIT B
Subdivision Plat
Site Plans
Building Elevations
Landscape Planting Plan
Site Grading & Drainage Plan
EXHIBIT C
Cost estimate for curbs, gutters, sidewalks and street light by
Schmeuser, Gordon & Meyer, Engineers.
EXHIBIT D
Cost estimate for landscaping and installation by Mt. Daly
Enterprises, Landscape Architects.
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EXHIBIT A
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366615 B-740 P-993 02/07/94 10:5BA PO I OF 7
SILYIA DAYIS PITKIN COUNTY CLERK. RECORDER
ORDINANCE NO. 65
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, GMQS
EXEMPTION AND VESTED RIGHTS STATUS, FOR THE DEVELOPMENT OF 27
AFFORDABLE HOUSING UNITS ON KRAUT PROPERTY, LOTS E, F, G, H, I,
BLOCK 105 TOWNSITE OF ASPEN, CITY OF ASPEN, PITKI~ COUNTY,
COLORADO,
WHEREAS, the Kraut property was purchased by the City and
County in 1991; and
WHEREAS, in 1992 the Kraut property was rezoned from Office
to Affordable Housing (AH); and
WHEREAS, pursuant to Sections 24-6-207, 24-7-1004 C.,l and 24-
I.J.. 8-104 of the ASI?en Municipal Code the applicant, Aspen Pitkin
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County Housing Authority, has submitted an application for the
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development of 27 fully deed restricted dw~lling units; and
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WHEREAS, the applicant has requested subdivision, GMQS
Exemption and to vest their development rights; and
WHEREAS, the applicant, also requested special review for the
establishment of open space and parking as required in the AH zone
district; and
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WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (5) (b) of the Municipal Code and did conduct
a public hearing thereon on November 16, 1993; and
wHEREAS, upon review and consideration of the subdivision and
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Code, to wit, Division 10 of Article 7 (Subdivision) and Article
8 (GMQS), the Planning and Zoning Commission has recommended
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366b1S 8-740 P-994" 02107194 10:~8A PG 2 OF 7
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"", approval of the Kraut property subdivision subject to conditions,
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to the city Council; and
WHEREAS, the Aspen City. Council has reviewed and considered
the subdivision under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
CommissiOn, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the subdivision meets or
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of the subdivision and GMQS Exemption, with conditions, is
consistent with the goals and elements of the Aspen Area Community
Plan; and
WHEREAS, this subdivision would supersede and void the prior
sUbdivision for the property known as the Kraut Lot Split, Lots 1
& 2, according to the plat thereof, recorded in the Office of the
Clerk and Recorder of Pitkin County, Colorado on the 20th day of
March, 1990, in Plat Book 24 at Page 5; and -....._
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY,COUNCIL OF THE CITY
OF"ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-1001 of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
subdivision:
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The applicant I s submission is complete and sufficient to
afford review and evaluation for approval,
2. The subdivision is consistent with the purposes of subdivision
which is to assist in the orderly and efficient development
of the city and safeguard the interests of the public and the
subdivider and provide consumer protection for the purchaser,
1.
section 2: Pursuant to the findings set forth in section 1 above,
the City Council does hereby grant subdivision approval for the
Kraut property subject to the following conditions:
1. Sidewalks, curb and gutters shall be installed by the
developer, language to this effect shall be included ~n the
subdivision agreement and .shall be indicated on the subdivision
plat,
2, Streetscape alternative B of the application, i.e. maintaining
the existing curb line and angled on-street parking shall be
implemented by the developer.
3. Prior to the issuance of any building permits, the applicant
shall submit detailed sanitation plans to the Aspen Consolidated
Sanitation District for a sewer tap permit.
4. Prior to the issuance of any building permits, electrical load
information shall be submitted to the city electric department in
order to determine what phase power is needed and whether a major
system improvement is necessary.
5. The applicant shall be responsible for any utility relocation
costs language to this effect shall be included in the subdivision
agreement.
6. A transformer easement shall be provided, the size and location
of which will be determined by the Electric Department when load
information is made available. other easements shall provided as
necessary for other utilities. All easements shall be depicted on
the final subdivision plat,
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7. Automatic fire sprinkler and alarm systems shall be required
for this project.
8, Prior to the issuance of any building permits, a drainage
plan, meeting the requirements of Section 24-7-1004.C.4.f of the
Code, shall be submitted by an engineer registered in the State of
Colorado and submitted to the Engineering Department, A final
review of the drainage plan shall be done by the Engineering and
Streets Departments.
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366615 8-740 P-995 02/07/94 10:58A P6 3 Of 7
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9, No storm runoff' from soils exposed by excavation and
construction shall be permitted to enter city streets or alleys.
10, The applicant shall install a street light on the corner of
the alley on South Original street, The applicants shall work
with the city to determine location and design of lighting which
shall be indicated on the final subdivision plat,
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11. An encroachment license shall be required for the underground
parking garage to encroach under East Hyman Avenue,
12. Work in the alleys and streets of the Commercial Core and Main
street Corridor is prohibited between June 15 through Labor Day.
This would include Highway 82 but not East Hyman Avenue or the
alleyway.
13. Prior to any work in the alley and public right-of-way a
permit from the streets Department shall be required and reviewed
by the Engineering Department.
14. During the time of construction the project shall be
surrounded on two sides (i.e. East Hyman Ave. and South Original
st.) with a covered pedestrian walkway. The alley may be closed
to all traffic including pedestrian (except construction related
activity and service and utility traffic) as needed for
construction,
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15. Prior to the issuance of any building permits, the roof shall
be designed in such a manner as to prevent snow from shedding onto
the public sidewalk.
16. Prior to the' issuance of any permits the applicant shall
record a subdivision plat and agreement in accordance with Section
24-7-1004,C and D of the municipal code. The plat and agreement
shall be reviewed and approved' by the Engineering and Planning
Departments and the Attorney's office.
17. Prior to approving the subdivision agreement and plat, a
detailed ,landscape plan for the entire project and the streetscape
shall be submitted to the Parks Department for review. The
standard guidelines for designing in the ROW should be followed.
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18. Th~ approved subdivision plat and agreement shall be recorded
with the Pitkin County Clerk and Recorders office within 180 days
of subdivision approval or the approval will be void.
19. All material representations made by the applicant in the
application and during public 'meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
20. Yard and open space shall consist of 41% or approximately
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366615 B-740 P-996 02/07/94 IO,5eA Pe 4 OF 7
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\ 6,095 square feet of the property,
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21, Twenty-seven resident parking spaces shall be provided in a
below grade garage,
22, The height of the building, as indicated in the P&Z Commission
meeting, shall not exceed 30 feet as defined in Section 24-3-101
of the Aspen Municipal Code.
section 3:
Pursuant to section 24-a-104 of the Municipal Code,
the city Council does hereby grant a GMQS Exemption for the
development of 27 dwelling units that will be fully deed restricted
to category 3 or less.
section 4: All material representations and commitments made, by
the developer pursuant to the subdivision approvals as herein
awarded, whether in public hearing or documentation presented
before the Planning and zoning Commission and 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 other specific conditions.
section 5:
Pursuant to section 24-6-207 of the Municipal Code,
the city Council does hereby grant the applicant vested rights for
.:..(-0"-
the Kraut property subdivision as follows:
1.
The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
ail plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
The approval granted hereby shall be subject to all rights of
referendum and judicial review.
Nothing in the approvals provided in this Ordinance ,shall
exempt the site specific development plan from subsequent
2.
3,
5
366615 B-740 P-99] 02107194 10:58A P6 5 OF 7
~,
,~
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein. '
4, The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes, In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 6: 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
el- amended as herein provided, and the same shall be conducted and
....
~ concluded under such prior ordinances,
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section 7: 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 8: The City Clerk shall cause notice of this Ordinance to
".4--
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
6
J66615 B-740 P-99B 02/07/94 10:5BA P6 6
OF 7
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section 9: That the City' Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
section 10: A public hearing on the Ordinance shall be held on the
24 day of January, 1994 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 within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by,;t;ne.,,~~ty Council
~,.,
, ' ,J'It"ca.993.
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of the City of Aspen on the /~ day of
John ~et~~'
adopted, passed and
1994.
ap!l::d
B nnett,
t;;~day of
Mayor
John
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370669
B-752 P-207
06/02/94 10:11A PG 16
OF 19
366615 B-740 P-999 02/07/94 10:5BA P6 7 OF 7
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(303) 925.6727
FAX (303) 925-4157
ENGINEERS
SURVEYORS
SG
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SCHMUESER -
GORDON MEYER
EXHIBIT C
P,O, Box 2155
Aspen, CO 81612
M..r"h 30, 1994
370669 B-752 P-208 06/02/94 10:11A PG 17 OF 19
.. Mr.Jim Curtis
CURTIS & ASSOCIATES
Crystal Palace Building, 2nd Fl.
300 East Hyman Avenue
ASPEN, CO. 81611
RE: Kraut Affordable Housina. Public Improvements Cost Estimates
Dear Jim:
This letter is to provide a cost estimate for public improvements associated with the Kraut
affordable housing and parking project at 715 East Hyman Avenue in Aspen. These are public
improvements noted within the approval for which estimates are required. I have prepared my
estimate anticipating the right-of-way improvements that are public in nature and that the City
would need to install should the project fail to do so. As an example, I have calculated the area
of sidewalk that serves the public along the project frontages and I have not included entry walks
into the site from the public sidewalk. I have also incorporated a 20% factor for design,
inspection and construction contingencies into these figures.
Curb & Gutter 165 1.1. @ $22.50/1.1. x 1.2 =
(This figure anticipates minor asphalt repair only.)
$4,455.00
Sidewalk 190 s.y. @ $60.00/s.y. x 1.2 = $13,680.00
(Re: Landscaping cost estimate, this figure does not include landscaping, sod or irrigation
within the right-of-way.)
Streetliaht 1 each double-head reproduction antique streetlight @
(Maximum cost-sharing contribution.)
$6.500.00
Total cost of required items is
$24,635.00
Call me if I can provide further information or detail.
Very Truly Yours,
SCHMUESER GORD
(;J.
y W. Hammond, P,E.
Principal-Aspen Office
JHJJh 93169CE
1001 Grand Ave., Suite 2E' Glenwood Springs, Coiorado' (303) 945-1004
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TRANSPORTATION PLANNING
& TRAFFIC ENGINEERING CONSULTANTS
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2690 Lake Forest Road
P.O, Box 5875
Tahoe City, California 96145
(916) 583-4053 FAX:(916) 583-5966
March 21, 1994
Jim Curtis
Curtis and Associates
300 Easl Hyman Ave, 2nd Floor
Aspen, CO 81611
RE: Kraut Property Driveway Access
Dear Jim:
As requested, Leigh, Scott & Cleary, Inc. has conducted an analysis of access to the parking lot,
planned for the Kraut Property atfordable housing project in east Aspen. This 55-space facility is
planned beneath the residential units, with a single access off of Hyman A venue. Twenty-seven of
these spaces are planned to be assigned.t61'esidenisnind'theremaining28 spaces will be leased to
individuals foC:,commuting and 0ther. use: ',.:;<':. :.; " ..
To improve the exterior attractiveness of the building, a single access lane is proposed into the lot.
The issue is whether this lane allows adequate acceSs, or Whether congestion 'and/or safety problems
will result from the fact that entering and exiting vehicles would have to share this space. To quantify
this potential, a traffic generation analysis was conducted for the project, as indicated in Table A.
Traffic generation rates were based upon the most applicable rate published in Trio Generation: An
Infonnational Reoort (Institute of Transportation Engineers, 1991); The rate for the residential spaces
was then reduced by fifty percent to reflect the fact that these residents will be deed-restricted to
employees of Aspen's commercial core: their proximity to work and the unavailability of parking will
resull in a high proportion walking to work, thereby reducing their auto trip rate.
When multiplied by the number of spaces. these trip rates indicate that approximately five vehicles
will enter the parking facility during the PM peak-hour (the most active hour of the day), and eleven
vehicles will exit. Assuming fifteen seconds are needed to enter or exit the garage, vehicles will be
exiting for a total of 2 minutes, 45 seconds over this peak hour (or four percent of the total time).
The' chance of anyone of the entering vehicles conflicting with an exiting vehicle is thus only four
percent. Simple probability theory indicates that the chance of one or more conflicts over the peak
hour is approximately 19 percent. Put another way, entering and exiting vehicles will conflict only
roughly once every five peak hours.
Given these chances, it is reasonable to conclude that no undue safety or congestion problems will
result from the single entrance. A number of mitigations should be implemented, however, to
,
~ ,
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Mr. Jim Curtis
Page 2
March 21, 1994
accomodate this single access:
~
A vehicle motion detector should be installed in the interior of the lot to detect a vehicle as it
enters the exit lane. This detector should trigger a red light located above or adjacent to the
exterior of the portal,'~. as a driver approaching the driV, eway on Hyman Avenue
can easily see the ligH wait fo the e~g car to pass.- n I} . ,
0--Y) 'l.'tG{ n~ ~ cJLtt-:::l1 KV\
The garage entryway should be widened to a minimum of 18 feet at the cum, tape~g to the
garage entrance, to allow an exiting car to pass an entering car on the driveway. '
~
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Similarly, adequate onstreet parking on Hyman Avenue should be removed to allow vehicles
to pass immediately beyond the driveway.
~
Finally, two convex mirrors should be installed in the portal and parallel with the travel lanes
to allow driver's a view into and OUI of the portal.
With these mitigations, a single lane access to the parking facility will provide adequate traffic
conditions.
.
.
.
We trust that these discussion proves useful in planning for the Kraut Property. Please call if we can
clarify any of the points discussed above.
Respectfully Submitted,
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LEIGH, SCOTT & CLEARY, INC.
by .~;P'tJf?~
Gordon R. Shaw, PE, AICP
End: Table A
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, TABLE A: Estimsted PB8k~Ho{Jr Trefffc G6neratlon
ITE RATE: Trips Adjusted Rates:
per Vehicle Reduction for Trips per Vehicle Number PM Peak-Hour
PM Peak-Hour(1) Pedestrian 'pM Peak-Hour of Trip Generation
Use In Out Activity In Out Soaces In Out
,
Resident Spaces 0.2 0.11 5O"k 0,1 0.06 27 3 2
Leased Spaces 0.06 0,33 0% 0.06 0.33 28 2 9
TOTAL 5 11
-
NOTe 1: Re<Ildeot1al Cond:lminiumffov",holM 1'<11)) 1l&6d for rt!idenls, and Ollie<> Park rata u&<ld for lealled 1lp6Oes.
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FEB 28 \994\ i 1,)1\
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THE CITY O~ ASPEN
OFFICE OF THE C!TY ENGINEER
February 28, 1994
Mr. Jim Curtis
300 past Hyman Avenue
Aspen, Colorado 81611
)i
I
Re: Kraut Property Affordable Housing Project
Dear Jim:
I am writing to follow up on our phone conversation about the number of lanes serving
the proposed sub-grade parking lot entrance versus the number of spaces in the garage,
the traffic on the adjacent street, and site specific considerations.
I would appreciate it if you would provide us with a letter from a qualified individual, a
registered traffic and transportation engineer' or planner, which certifies that the proposed
one lane garage entrance is an accepted industry standard for the proposed fifty-five space
parking garage. The Superblock proposal identifies a current traffic count of 900 vehicles
per day with' 1600 vehicles per day if the proposal is approved by the City.
Other site conditions to be noted are the angle parking on the south side of the street.
Perhaps your consultant will consider alternatives to a two lane parking garage access with
mitigation techniques such as mirrors or a system of imbedded loops connected to lights
to indicate on-corning vehicles.,
As 1 mentioned, City staff is looking at this question in the context of the Juan Street
affordable housing project which is only a twelve car garage on a less travelled road with
no public lease spaces. The question for Juan Street amplifies the question for the Kia~
property with its 55 parking spaces and high traffic volume street. .' ,'4;'
Please let us know what you find out, and please call me if you have any questions. '
Thank you.
~~
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Sincerely,
Chuck Roth, P.E.
Engineering Department
cc: Robert Gish~LesHeLamont
',",':'".''' .
L94.23
130 SOUTH GAtENA STREET . ASPEN, COLORA~O 81611 . PHONE 303.920.5088 ..' FAX 303.920.5197
PrintedClll"l<:)'dedpaper
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TO:
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FROM:
RE:
DATE:
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MEMORANDUM
Mayor and Council
Amy Margerum, City Manager
Diane Moore, City Planning Directo;uD
Leslie Lamont, Senior Planner
Kraut - Subdivision, GMQS Exemption, Vested Rights and Text
Amendment in the AIl Zone. District, Second Readings of Ordinance
65, Series of 1993 & Ordinance 68, Series of 1993
January 24, 1994
----------------------------------------
-------.---------------------------------
SUMMARY: The applicant, Aspen/Pitkin County Housing Authority,
represented by Jim Curtis and Harry Teague, propose to develop 27
fully deed restricted dwelling units on the Kraut property located
on the southwest corner of East Hyman and Original street. The
applicant also requests a GMQS Exemption for the development of the
affordable housing and vested rights.
As part of this application the applicant has also proposed a text
amendment to the Affordable Housing zone district to allow
municipal parking as a conditional use.
Please see attached Ordinance 65, Series of 1993, for subdivision,
GMQS exemption and vested rights approval.
Please see attached Ordinance 68, Series of 1993, for text
amendment.
PREVIOUS COUNCIL ACTION: Council rezoned the Kraut property from
Office to Affordable Housing (AR) in 1992.
Council and the Planning and Zoning Commission held a worksession
on January 11, 1993, to discuss the parking possibilities for the
Kraut property and broad transportation concepts for downtown
Aspen.
Although Council could not vote
alternative on the Kraut property,
discussed several possibilities such
for a particular parking
the Council and Commission
as:
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,
* putting the project on hold until the fate of the Superblock
project is known;
* approving the 55 car garage, one level of parking;
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* approving a 108 car garage, two levels of parking;
* test marketing of the additional parking spaces to determine
the ability to lease or sell the extra parking spaces;
* proceeding with the 55 car garage while preserving the
option to return to the table for more parking in a few months
if the Superblock proposal does not move forward; and
* proceeding with design drawings for both garages or design
drawings, construction bids and building permits believing
that within a few months the size of garage that should be
built will become apparent after conceptual review of the
Superblock project.
Jim Curtis has prepared an outline of the timeframe and costs
associated with each option, please see Exhibit A.
PLANNING AND ZONING COMMISSION ACTION: The Commission reviewed the
application at a November 16, 1993 public hearing. The Commission
approved the special review for parking and open space, for this
proposal. The Commission also recommends approval of the
subdivision and GMQS Exemption for the development of 27 dwelling
units on this parcel.
The Commission reviewed the proposed text amendment to allow
municipal parking in the AH zone district as a conditional use.
The Commission recommends approval of the text amendment.
The Commission reviewed the conditional use for the additional 28
pUblic parking spaces to be combined with the required residential
parking. The Commission would desire a larger garage to
accommodate more pUblic parking. However without a
traffic/circulation study for a larger garage, the Commission
approved the 29 additional spaces with the intent of further review
if the garage were to expand. The conditional use approval is
contingent upon Council adopting the text amendment.
Please see Planning and Zoning Commission Resolution 93-27, exhibit
B.
CONSISTENCY WITH THE AACP: The AACP identified this specific
parcel for the development of affordable housing.
--======================--
STAFF COMMENTS:
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I, Background - The City of Aspen and Pitkin County through
the Housing Authority have pursued a comprehensive plan to address
the community's housing problems. The housing plan is threefold:
,
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it seeks to preserve the existing affordable housing stock, require
developers to mitigate a "fair share" of their affordable housing
impacts and produce new affordable housing to reduce/eliminate the
current affordable housing shortfall.
As part of this comprehensive approach, the City Council adopted
Ordinance 59 establishing an Affordable Housing Zone District (AH).
The AH zone enables the rezoning of land for the purposes of
affordable housing.
The purchase, rezoning, and proposed development of the Kraut
property is a step toward the provision of affordable housing
within close proximity to employment opportunities and neighborhood
services for those citizens in need of housing.
In addition to the site being selected for housing, the 1987
Transportation Element of the Aspen Area Comprehensive Plan
identified this site as one of three centrally located underground
parking garages. The Rio Grande parcel and Wagner Park were the
other two sites. The report identified this site as a likely
candidate because the site takes advantage of existing traffic
patterns of Main/Original and Highway 82. This location could help
reduce the traffic circulation around the pedestrian mall, Rubey
Park and Durant Avenue. Its proximity to the commercial core and
the gondola make it ideal for both a winter and summer intercept
lot.
After rezoning the Kraut property, the Commission directed staff
to study the possibility of pUblic parking below the Kraut and the
ability to pursue the Superblock concept.
Staff, together with the Superblock private property owners,
studied the feasibility of building one mUlti-level garage under
the Kraut property or combining that garage with a larger garage
underneath City Market/Bell Mt./Buckhorn Lodge properties. Staff
and the property owners came to several conclusions:
1. timing of redevelopment and relocation of utilities
prevented further consideration of one garage connecting all
properties; and
2. the cost per space for only the Superblock proposal will
be less expensive; and
3. underground parking is essential for resident parking of
thg Kraut development and additional parking could be added
if the Superblock proposal is not pursued.
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However, staff continued to pursue a mixed-use concept on the
property, This was done in tandem with the review of the large
garage and Superblock concept, It was determined that the Kraut
property was too small to develop a successful mixed-use project
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attempting to provide more Neighborhood Commercial (NC) space,
affordable housing, and pUblic parking. In addition, the increased
level of support for Superblock negated the need to include NC
space and public parking on Kraut.
II. site Description - The Kraut property is located near the
base of Aspen Mountain. The site is two blocks east of the
downtown commercial core area, and two blocks south of Main Street
at the intersection of East Hyman Avenue and South Original Street.
The 15,000 square foot lot is vacant and is currently being used
as a commerical parking lot. There are no natural hazards
associated with the site and it is relatively flat. There is no
significant vegetation on the parcel and several inches of gravel
exist on top of natural soil conditions.
The parcel was rezoned from Office to Affordable Housing in 1992.
The areas north and west of the parcel are zoned Office. Across
Spring Street, to the west, the Commercial-1 zone district begins.
The parcels immediately south of the Kraut property are zoned Lodge
Preservation and Commercial Lodge and across Cooper Street is the
NC zone district. The residential neighborhood to the east of the
parcel, across South Original, is zoned Residential/Multi-Family
(R/MF).
The property is bounded by several eXisting structures, West of
the parCel is a two-story A-frame and the three-story Hanna-Dustin
office building on the corner of Hyman and Spring streets. The
Buckhorn Lodge, a two and one-half story structure, is across the
alley along the site's southern boundary. To the southwest is the
two-story Bell Mountain Lodge. Across East Hyman Avenue, to the
north, is the Coates, Reid and Waldron office building. West of
that building are the 700 East Hyman Townhomes that consist of
three duplexes. To the east, across South Original, are single and
multi-family residences.
The parcel is accessible by paved public streets, East Hyman Avenue
and South Original Street, and by a dirt alley between Hyman and
Cooper Avenues. The public streets have curb and gutter. There
are no paved sidewalks, only gravel paths. Utility lines are
proximate and contained underground within the public rights-of-
way.
III, Project Description - The proposed project consists of
27 dwelling units: 13 studios and 14 one-bedrooms. Nine of the
studios will be category 2 and four studios will be category 3.
Four one-bedroom units will be category 2 and 10 one-bedrooms will
be category 3. Council has not yet determined whether the units
will be sale or rental.
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As outlined in the application the design of the
incorporates a variety of elements to lend an individual
the units verses a standard apartment building:
building
touch to
1. Each unit has a private entrance.
loaded corridors.
There are no double
2. Each unit has a small private space either a small patio
or yard space.
3. The project is built around a south facing central
courtyard. Each unit has natural light and sun exposure.
4, Many of the units have three or four exposed exterior
walls, and all units have at least two exposed walls.
5, The first level units have higher ceilings of 9 feet.
6, The building has been sunk an average of 3.6 feet to allow
the first level units to have higher ceiling heights, to
create small private entrances, and to reduce the height.
7. Only six of the 27 units are on the third floor thus
creating a varied roof line.
8. The corners of most of the units have been angled to have
a bay window character.
9. The units have individual locked storage closets of a
minimum of 25 square feet in the garage plus as much in-unit
storage space as possible.
10. The units will be plumbed for individual washers and
dryers for sales units, as well as common laundry room in the
garage if the units are rental.
Preliminarily, the exterior material is proposed to be horizontal
and vertical siding with colored metal roofs. The exterior colors
are proposed to be beige and green. Final colors and exterior
materials will be decided at final project approvals before
Council.
Please see Table 1, Exhibit C, for AH zone district dimensional
requirements compared to the proposed project.
--====================--
I, Subdivision
sUbdivision review.
Please see Exhibit D
for
specific
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APPLICABLE REVIEW:
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II. GMQS Exemption - Please see Exhibit E for specific
exemption criteria.
III. Vested Rights - The applicant requests vested rights
status to protect the development approvals for three years
from changes in the Municipal Code, Chapter 24. Necessary
vesting language is included in the Ordinance.
IV, Text Amendment -Please see Exhibit F for specific
amendment criteria.
--======================--
CURRENT ISSUES:
I, Parking - As stated .in the Background section of this
memo, the applicant is requesting Council to consider the size of
the garage and provide direction for development purposes.
For the 27 fully deed restricted units, project development has
always included one space per dwelling unit. Early in the process
it became obvious that the required resident parking could only be
accommodated below grade.
The Planning and Zoning Commission approved the one level parking
garage, only underneath the Kraut property, providing 27 resident
spaces and 28 public parking spaces, However, in their review the
Commission made it very clear and included their intent in
Resolution 27, that the desired solution is a much larger garage
preferably connected to the Superblock. The Commission would still
like the opportunity to explore as much parking as possible in this
general vicinity of downtown,
Despite their strong preference toward more parking, the Commission
did not select a larger garage because there is verv little
information available in order to analyze a larger garage and it's
impacts to the neighborhood and traffic/circulation patterns in the
area. In addition, the garage that was designed for the applicant
would most likely be modified if a larger garage, were to be
considered. For example, the proposed garage in the application
uses only one ramp for entrance/exit and it is a narrow one car
ramp. A larger garage may require a second exit or entrance and
an occupied booth verses an automatic booth.
II, streetscape - Two alternative streetscapes have been
proposed. Alternative A is based upon changing the angle parking
to parallel parking along Hyman Avenue, '15-16 parking spaces will
be.reduced to 8 spaces. This will allow the curb to be pulled out
into the street giving a greater distance between the curb line and
building line. The additional space will create a more pedestrian
friendly streetscape, a greater area for tree planting and a
greater distance between the building and street. The applicant
would like to extend the curb out 9 feet but the Engineering
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Department recommends an extension of 5 feet. The remaining 4 feet
could be used on the opposite side of the street,
In addition, the preferred parking garage proposal is to extend the
garage underneath Hyman Avenue. This will enable a more efficient
layout of the garage. The total number of spaces on one level will
be 55 spaces. It is proposed that the extra spaces will be leased
to offset the parking spaces that are being lost with the
development of this property. If the garage is extended underneath
Hyman Avenue, the extended curb is a better roof over the garage
preventing awkward settling of the street over the garage.
streetscape B would install curb gutter and sidewalk without
extending the curb. However, there will be little room for street
planting and the buffer between the street and building is reduced.
Both the Engineering, streets and Parks Departments prefer
alternative A. Please see referral comments.
However, the Planning and Zoning Commission recommend streetscape
B. The Commission believes strongly that the angle parking should
be preserved for public use. Development of the Kraut property
will eliminate approximately 50 surface parking spaces on the
property. The proposed garage, as approved by the Commission, will
only replace 27 of the lost parking. To combine this reduction in
parking with streetscape A, which will further reduce on-street
parking, will exacerbate a crowded situation at this corner. The
Commission strongly urges the Council to consider additional public
parking in the Kraut property garage. However,until additional
traffic and circulation studies are performed for this area, the
Commission recognizes that approval of the 55 parking spaces in
this garage is appropriate given the lack of planning for a larger
garage.
III, Access off of East Hyman - The applicants propose to
access the parking garage off of East Hyman at about mid-block,
The Commission and staff support this access for this size of
garage, However, adjacent neighborhoods have expressed dismay
about the location of the access. Curtis's memo, Exhibit G, lists
the several reasons for the location of the access.
IV, Housing categories - For a GMQS Exemption approval for
the development of affordable housing, it has been the policy of
the Planning Office to provide as accurate a "picture" of the type
of housing (size, location, etc.) and the income categories as
possible so that the public and the review bodies would, know what
is being' approved. For example, the review process could not
approve low income units to only find that at the time of occupancy
the developer rents or sells the units at a higher category, A
GMQS Exemption is an approval of a housing package, The applicants
always have the ability to amend the original approval in case of
unforeseen problems.
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The applicant's representative for the Kraut property has requested
that final sales and/or rentals prices for the units be set by
Council prior to the issuance of a building permit, The reason
being that unt"l construction bids are completed, the City should
have as much flexibility to reduce the sUbsidy of each unit, For
example, some category 2 units may be changed to category 3 without
wasting time coming back through an amendment 'process. In
addition, whether these units are sales or rentals has not been
decided by Council,
Staff is not concerned whether the GMQS Exemption spells out
whether the units are rental vs. sale at this point in time.
However, staff does not agree that the Exemption should not
specifically list the number of category 2 and category 3 units
that will be built. The review of this proposal is a public review
process, The AH zone district provides many incentives to
encourage the development of affordable housing. The public should
be given as much accurate information as possible as to what is
being developed.
--=================--
RECOMMENDATION: The Planning and Zoning commission recommends to
Council approval of subdivision and GMQS Exemption for the
development of 27 fully deed restricted dwelling units consisting
of 13 studio units totaling 3,900 square feet and 14 one-bedroom
units totaling 5,600 square feet of which nine studios and four
one-bedroom units shall be category 2 and four studios and ten one-
bedroom units shall be category 3 with the following conditions:
1. Sidewalks, curb and gutters shall be installed by the
developer, language to this effect shall be included in the
subdivision agreement and shall be indicated on the subdivision
plat.
2, Streetscape alternative B of the application, i.e. maintaining
the existing curb line and angled on-street parking, shall be
implemented by the developer,
3. Prior to the issuance of any building permits, the applicant
shall submit detailed sanitation plans to the Aspen Consolidated
Sanitation District for a sewer tap permit.
4. Prior to the issuance of any building permits, electrical load
information shall be submitted to the City electric department in
order to determine what phase pOWer is needed and whether a major
system improvement is necessary,
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5. The applicant shall be responsible for any utility relocation
costs and language to this effect shall be included in the
SUbdivision agreement.
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6, A transformer easement shall be provided, the size and location
of which will be determined by the Electric Department when load
information is made available. other easements shall provided as
necessary for other utilities. All easements shall be depicted on
the final subdivision plat.
7. Automatic fire sprinkler and alarm systems shall be required
for this project,
8. Prior to the issuance of any building permits, a drainage
plan, meeting the requirements of Section 24-7-1004.C.4,f of the
Code, shall be submitted by an engineer registered in the State of
Colorado and submitted to the Engineering Department. A final
review of the drainage plan shall be done by the Engineering and
Streets Departments.
9, No storm runoff from soils exposed by excavation and
construction shall be permitted to enter City streets or alleys.
10, The applicant shall install a street light on the corner of
the alley on South Original Street. The applicants shall work
with the City to determine location and design of lighting which
shall be indicated on the final subdivision plat.
11. An encroachment license shall be required for the underground
parking garage to encroach under East Hyman Avenue.
12. Work in the alleys and streets of the Commercial Core and Main
Street Corridor is prohibited between June 15 through Labor Day.
This would include Highway 82 but not East Hyman Avenue or the
alleyway.
13, Prior to any work in the alley and public right-Of-way a
permit from the Streets Department shall be required and reviewed
by the Engineering Department.
14. During the time of construction the project shall be
surrounded on two sides (i.e. East Hyman Ave. and South Original
st,) with a covered pedestrian walkway. The alley may be closed
to all traffic including pedestrian (except construction related
activity and service and utility traffic) as needed for
construction.
~ Prior to the issuance of any building permits, the roof shall
~'designed in such a manner as to prevent snow from shedding onto
the public sidewalk.
16. Prior to the issuance of any building permits the applicant
shall record a subdivision plat and agreement in accordance with
Section 24-7-1004. C and D of the municipal code. The plat and
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agreement shall be reviewed and approved by the Engineering and
Planning Departments and the Attorney's office.
17, Prior to approving the subdivision agreement and plat, a
detailed landscape plan for the entire project and the streetscape
shall be submi tted to the parks Department for review. The
standard guidelines for designing in the ROW should be followed.
18. The approved subdivision plat and agreement shall be recorded
with the pitkin County Clerk and Recorders office within 180 days
of subdivision approval or the approval will be void.
19, All material representations made by the applicant in the
application and during pUblic meetings shall be adhered to and
considered conditions of approval, unless otherwise amended by
other conditions.
20, Yard and open space shall consist of 41% or approximately
6,095 square feet of the property.
21. Twenty-seven resident parking spaces shall be provided in a
below grade garage.
22. The height of the building, as indicated in the P&Z Commission
meeting, shall not exceed 30 feet as defined in section 24-3-101
of Aspen Municipal Code.
The Planning and Zoning Commission also recommends to the Aspen
City Council approval of an amendment to Chapter ,24 of the Aspen
Municipal Code to allow public parking as a conditional use in the
Affordable Housing zone district. The text amendment is proposed
as follows and is outlined in Ordinance 68, Series of 1993:
Section 5-206,2, Affordable Housing (AH)
C. Conditional uses. The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subj ect to the standards and procedures. established in Article
7, Division 3,
1. Open use recreation site;
2, Day care center;
3. Satellite dish antennae;-eflfi
4. Dormitory; and
5, Public surface and underground parking areas,
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PROPOSED MOTION: "I move to approve Ordinance 68, Series
on second reading for the text amendment to the Affordable
zone district as recommended by the Planning and
Commission."
of 1993
Housing
Zoning
"I move to approve Ordinance 65, Series of 1993 on second reading
for the subdivision, GMQS Exemption and vested rights for the Kraut
property affordable housing development as recommended by the
Planning and Zoning commission."
CITY MANAGER'S COMMENTS:
Ordinance 68, Series of 1993
Ordinance 65, Series of 1993
EXHIBITS:
A. curtis Memo - January 19, 1994
B. Commission Resolution 93-27
C, Table 1 - AH Dimensional Requirements
D, Subdivision Review criteria
E. GMQS Exemption Review Criteria
F. Text Amendment Review Criteria
G, Curtis Memo December 8,1993
H. Referral Comments
I, Proof of Publication
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EXHIBIT A
To: Aspen City Council
Thru:
Leslie Lamont
Tom Baker
Planning Office
Housing Office
From:
Jim Curtis
Kraut Consulting Team
Date: January 19, 1994
Re: Kraut Update
For Council's January 24 Review
Coming from the January 11 worksession, I have interpreted the following
directions from Council concerning Kraut:
1. The project should be 100% affordable housing.
2. Any additional parking should be "low-activity" leased or sold parking
and not "high-activity" public municipal parking.
3. Kraut's parking should not be physically connected to the Superblock
parking.
4. Any additional leased or sold parking should totally pay for itself and not
require any HousinglDay Care Fund subsidies.
5. The I-level 27 car parking option is eliminated due to its high cost per
car, underutilization of the I-level parking plan and not replacing any of
the existing 50 cars on the site.
6. The 2-level 146 car parking option under the A-Frame property is
eliminated based on 2-levels up to 108 cars parking is sufficient and the I"
unattractiveness of the preliminary joint venture proposal using the A- I:!
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If these directions are correct, there appear to be 5 options for Council to
consider as follows:
1. Proceed with Kraut, tonight, with the I-level 55 car parking option.
2. Proceed with Kraut, tonight, with the 2-level 108 car parking option.
3. Proceed with Kraut, tonight, by instructing the Consultants to fmalize the
design for both the I-level 55 car option and the 2-level 108 car option
and proceed to construction drawings and bids, and building permits on
both options. Either option would therefore be ready for groundbreaking
by September 1, 1994 giving Council 6 months, until August, to evaluate
the status of the Superblock, determine the actual construction bids 'for the
garages, and research the market and risk of producing the additional
garage spaces.
4. Take 3 months to "test market" the demand for the 2-level parking and
decide on lor 2 levels of parking based on these results.
5. Approve Kraut, tonight, with the I-level 55 car parking option and place
the project "on hold" until the fate of the Superblock is determined.
Each of the 5 options are analyzed below based on the key issues I heard at the
January 11 worksession.
1. PROCEED WITH THE I-LEVEL 55 CAR PARKING OPTION NOW
A. Construction Schedule. The schedule below is based on constructing the
project at one time and not phasing the construction to accommodate a temporary
City Market.
Kraut Groundbreaking
55 Car Garage Completed
Kraut Occupancy
July 1, 94
Dec. 1, 94
Sept 1, 95
- 5 months
- 9 months
14 months
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B. Construction Schedule With Delav For City Market/Superblock. The Ii'
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schedule below is based on phasing the Kraut construction to accommodate a
temporary City Market on the garage platform. This is an extremely rough
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estimate prepared by Jim Curtis and has not been reviewed by the Superblock
representatives. The estimate is based on a May 1, 1995 groundbreaking for the
Superblock. If the May, 1995 Superblock groundbreaking is delayed, the
completion and occupancy of Kraut would be delayed correspondingly.
Kraut Groundbreaking
55 Car Garage Completed
Const. Temp. City Market on Kraut
July 1, 94
Dec. 1, 94
Feb. 1, 95
- 5 months
- 2 months const.
- 3 months operations
Superblock Groundbreaking
City Market Back to Superblock
Finish Kraut
May 1, 95
Sept 1, 96
July 1, 97
-16 months
-10 months
36 months
C. Cost Allocation Of Additional Parking. The question was raised if a
portion of the $1,100,000 land cost should be allocated to the additional parking
to reflect its "true cost." The Consultants feel there is no economic basis to
allocate the land cost for the following reasons:
1. The land cost is the same with or without any additional parking.
2. If the additional parking costs $19,100 per space (estimate) to develop and
the spaces are sold for $19,101 the project receives $1 dollar of "extra" revenue
independent of any land cost allocations.
3. The full above-ground FAR permitted by zoning is being developed with
or without any additional parking.
However, the Consultants do highlight there is a "subjective" project cost to the
2nd level of additional parking as follows:
a. Some level of negative impact on the liveability of the units and the
project.
b. The probable loss of 1 to 3 units to redesign in an elevator and maybe
a two-way garage ramp, which would require some land cost
allocation for the lost units.
c. The soft cost and time lost in redesigning and re-approving the project
for a 2nd level of parking.
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d. The time lost since the January, 1991 purchase of the property in
debating its principal use and its parking, and therefore, postponing
its construction. ,
D. Compliance With SIP Plan. This issue must be addressed by staff
However,in speaking with staff, it is my understanding the 55 car garage can
easily comply with the SIP Plan. The 55 car garage would take credit for
replacing the existing 50 car parking on the site and the extra 5 cars may require
elimination of on-street parking or other City measures to comply with the SIP.
If elimination of on-street parking is required, the applicant has requested the
angled parking on E. Hyman Avenue be converted to parallel parking resulting
in a loss of lOon-street cars for the total block. This will enhance the liveability
of the project and make the area more pedestrian friendly.
E. Proiect Design Implications. None. The project has been designed based
on the I-level 55 car parking option.
2. PROCEED WI1R THE 2-LEVEL 108 CAR PARKING OPTION NOW
A. Construction Schedule. The schedule below is based on constructing the
project at one time and not phasing the construction to accommodate a temporary
City Market.
Kraut Groundbreaking
108 Car Garage Completed
Kraut Occupancy
Sept 1, 94
Apr. 1, 95
Jan. 1, 96
- 7 months
- 9 months
16 months
The 108 car garage will require an additional conditional use approval
from the P & Z Commission. To prepare, process and approve this application
is estimated to take 2 months and therefore the later September 1, 1994
groundbreaking.
B. Construction Schedule With Delav For City Market/Superblock. The
schedule below is based on phasing the Kraut construction to accommodate a
temporary City Market on the garage platfonn, again, with a May 1, 1995
groundbreaking for the Superblock.
Kraut Groundbreaking
108 Car Garage Completed
Const. Temp. City Market on Kraut
Sept 1, 94
Apr. 1, 95
July 1, 95
- 7 months
- 2 months const.
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Superblock Groundbreaking
City Market Back to Superblock
Finish Kraut
( May I, 95
Sept I, 96
July 1, 97
- -1 month overlap)
- 16 months
- 10 months
34 months
Again, if the May 1, 1995 Superblock groundbreaking is delayed, the
completion and occupancy of Kraut would be delayed correspondingly.
C. Cost Allocation Of Additional Parking. The cost per car to develop the
2nd level ofparkiIlg, with no land cost as described earlier. is estimated below.
The total development cost includes construction cost, design and project
management cost, construction financing, etc.
Total Development Cost
Misc & Contingency 15%
$ 16,600/space
2.500
19,100/space
The estimated sale price is:
Sales Price
5% Sales Commission
$ 20,000 to
- I. 000
19,000 to
$ 22,000/space
1.100
20,900/space
The Consultants wish to emphasize how preliminary these estimates are
based on the following:
1. The construction costs must go out for construction bids and there is
always the possibility of construction problems, i.e. mine shafts,
groundwater, etc.
2. The sales price and sales rate is felt to be related to the fate of the
Superblock and if it will have competing leased or sale parking.
D. Comoliance with SIP Plan. This issue must be addressed by staff.
However, in speaking with staff, it is my understanding the 108 car garage can
also comply with the SIP Plan. The 108 car garage would take credit for
replacing the existing 50 car parking on the site and the extra 58 cars would..
require elimination of on-street parking or other City measures to comply with
the SIP. The elimination of on-street parking will be required and the applicant
has requested the angled parking on E. Hyman Avenue be converted to parallel
parking resulting in a loss of 10 on-street cars for the total block. Again, this
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will enhance the liveability of the project and make the area more pedestrian
friendly.
E. Proiect Design Implications.
I. The 2nd level of parking will require an additional conditional
approval from the P & Z. This approval is estimated to take 2
months.
2. The 2nd level of parking will require an elevator to comply with the
UBC Building Codes. Incorporating an elevator into the design of the
project will most likely result in the loss of one unit and a revised
design for the project.
'3. The 2nd level of parking may require a two-way access ramp. This
will be determined based on additional technical and design analysis.
A two-way access ramp will most likely result in the loss of one or
two additional units and a revised design for the project.
4. Liveability impact. This issue is highly subjective based on one's
view of downtown living. The Consultants feel the liveability of the
units would not significantly be compromised by the 2nd level
parking under the leased/sold arrangement. Clearly there would be
more traffic, noise, fumes, etc. but all of these can be designed for, to
some extent, but they will also increase the cost of the project. A
positive under this option would be converting the angle parking on
E. Hyman Avenue to parallel parking to enhance the liveability of the
units.
3. PROCEED WITH BOTH THE 55 AND 108 CARS OPTIONS NOW
This option would finalize the design for both the I-level 55 car option and the
2-level 108 car option and proceed to construction drawings and bids, and building
permits on both options. Either option would therefore be ready for groundbreaking by
September 1, 1994 giving Council 6 months, until August 1, to evaluate the status of
the Superblock, determine the actual construction bids for the garages, and research the
market and risk of producing the additional garage spaces.
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To proceed with both options to construction drawings and bids, and building I;!
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permits is estimated to cost an additional $70,000 for architectural and project
management services. Essentially 2 different project are being designed, approved and
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bid in order that either project can proceed with a September 1, 1994 groundbreaking.
The Consultants feel this additional cost should not be paid for by the HousinglDay
Care Fund but by other City funds because it is a parking vs housing additional cost.
A phased alternative to the above is to get both options approved and return to
Council in 2 months and have Council decide, at that time, which option to proceed
with to construction drawings and bids, and building pennit with a groundbreaking in
September 1, 1994. The estimated cost for additional architectural and project
management services to get the 108 car option redesigned and approved by P & Z is
$17,500. However, realistically, will the status of the Superblock be any farther along
in 2 months and Council will not have the benefit of the actual construction bids in 2
months to help make its decision. Again, the Consultants feel this additional cost
should not be paid for by the HousinglDay Care Fund.
4. 3 MONTI! TEST MARKETING
The Consultants question if this is a viable option based on the "tar baby"
relationship with the Superblock. Without the Superblock; the 2nd level Kraut parking
is felt to be extremely marketable. With the Superblock, the 2nd level Kraut parking
is felt to be less marketable for the fOllowing reasons:
A. The actual selling or leasing of the Kraut spaces would be at the same
time as the selling or leasing of the 125 of the 209 private spaces proposed by
the Superblock for its 3rd level in its application. This is based on City Market
relocating to the Kraut garage platfonn and "renting" all of the Kraut spaces
during its interim use of the property. The Superblock parking would be
constructed and ready for sale or lease around September 1, 1996 and the Kraut
2nd level parking would be "freed-up" at this same time when City Market
relocated back to the Superblock. Therefore, 206 sale or leased spaces would be
on the market at the same time and directly competing against one another, i.e.
125 spaces Superblock and 81 spaces Kraut.
An alternative to this is not to make the 2nd level Kraut spaces available
for City Market use, and sale or lease these spaces once they are completed. Or,
Council could preclude the relocation of City Market to Kraut and simply build
and complete Kraut at one time.
B. The Superblock cost per car should be less than Kraut due to its larger size
and construction efficiencies. Therefore, it should be able to sale or lease its
spaces at a lower price than Kraut.
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C" The Consultants have mixed opinions about which location and size is better.
Some feel the Superblock is the better location simply due to its proximity to the
gondola and City Market. Other feel that Kraut is the better location for the
surrounding neighborhood uses and its smaller size and privacy is better.
D. The Consultants also question why the City would choose to directly
compete against the Superblock or any other private party in offering sale or
leased parking. '
I. Construction Schedule. The three month test marketing would only add
I month to the Construction Schedule outlined in Option 2 _ 108 Cars Parking,
i.e. an October 1, 1994 groundbreaking. This is assuming Council would direct
the Consultants to proceed with the P & Z approvals for the 2nd level 108 car
parking option at the same time it was doing test marketing. Then, at the end of
the 3 months when the Consultants reported back to Council concerning the test
marketing, both the 55 and 108 car parking options would have full approvals.
At this time, Council would decide which option to proceed to construction
drawings on with an October 1, 1994 groundbreaking. This option will add the
extra cost to get the 108 car parking option redesigned and approved.
5. PLACE KRAUT "ON-HOLD" UNTIL THE FATE OF THE SUPERBLOCK IS
DETERMINED
This option acknowledges the apparent "tar baby" relationship with the
Superblock as follows:
A. If the Superblock is constructed, I feel all parties would agree Kraut
should be 100% housing and I-level 55 car parking.
B. If the Superblock is not constructed, would Council change the
development for Kraut. Without the Superblock, would the principal use for
Kraut be public municipal parking and/or a mixed-use of neighborhood
commercial, housing and parking. If there is a change in principal use for Kraut,
the $1,100,000 land purchase cost would need to be repaid to the HousingiDay
Care Fund and County Housing Fund by other funding Sources.
Under this option, Council would redirect its housing efforts until the fate
of the Superblock was determined.
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CONSULTANTS' SUMMARY
1. The Consultants do not feel there are any benefits in proceeding with the
2nd level of parking under Kraut, now, until the fate of the Superblock is
determined. This puts the City at financial risk, as noted, in that the 2nd
level of Kraut parking may be competing directly against the 125 sale or
lease spaces proposed by the Superblock, the Kraut parking is felt to be
less competitive than the Superblock parking and the 2nd level parking
would have some negative impact on the liveability of the Kraut units.
2. The Consultants feel the options are:
A. Proceed with Kraut, tonight, with the I-level 55 car parking option
with a July 1, 1994 groundbreaking.
~ Proceed with Kraut, tonight, by instructing the Consultants to finalize
~ "-Jhe design for both the I-level 55 car option and the 2-level 108 car option
~ and to get both options approved bv P & Z and to return to Council in 2
{J&- months for a decision on how to proceed. The additional cost is $17,500
~and will result in a September 1, 1994 groundbreaking. Will 2 months be
long enough to return to Council?
C. Proceed with Kraut, tonight, by instructing the Consultants to finalize
the design for both the I-level 55 car option and the 2-level 108 car option
and to l?et ap?rovals. construction drawinl?s and bids. and building permits
On both options and return to Council in 6 months for a decision ,on how
to proceed. The additional cost is $70,000 and will result in a September
1, 1994 groundbreaking. Will 6 months be long enough to return to
Council?
/'- ~pproval Kraut, tonight, with the I-level 55 car parking option and
~,~ _the project on-hold until the fate of the Superblock is determined.
v ~GrOUndbreaking would be indefinite.
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TABLE 1
EXHIBIT C
AFFORDABLE HOUSING ZONING
DIMENSIONAL REOUlREMENTS .
Criterion
AH Zone
Reauirements
Kraut
Prooosed
Principal Front Yard
Secondary Front Yard
Minimum Rear Yard
Minimum Side Yard
Minimum Distance Between Bldgs,
Maximum Height
Minimum Lot size
10'
6~8"
10'
5'
5'
30' (by Spec. Rev)
3,000 sq, ft.
10'
6'8"
10'
'5'
n/a
30'
15,000 sq. ft.
Minimum Lot ArealUnit
Studio
300 sq. ft. 13 units =
per unit 3,900 sq. ft.
.
.
400 sq. ft. 14 units =
per unit 5,600 sq. ft.
9,500 sq. ft. 15,000 sq. ft.
U:I FAR 1.l:1 FAR
16,500 sq. ft. 16,500 sq. ft.
One Bedroom
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Minimum Lot Area Total
ii
Maximum FAR
,
.
Maximum Floor Area
(15,000 sq. ft. lot)
.
Minimum Open Space
% of Site
By Special Review 41%
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Open Space - Sq. Ft.
By Special Review 6095 sq. ft.
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Off-Street Parking
By Special Review 27 spaces
(I space!bedroom) "
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EXHIBIT D
Subdivision In order to develop multi-family housing on a
single parcel a development plan must be reviewed pursuant to
sUbdivision Section 24-7-1004.
Section 7-1004 C.1. outlines the General Requirements for
subdivision as follows:
1.
(a)
The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The proposal is a multi-family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Community Plan which specifically identified this site for
affordable housing because of it's close proximity to jobs and
commerical centers.
(b) The proposed sUbdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood which is a mixture of office/commerical uses. The
surrounding residential land uses are mixed duplex/single family
and high density multi-family. The Kraut development will serve
as a transition between the commercial downtown to the west and
the R/MF zone district to the east.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi-family is located in an area that has
been redeveloped, in the case of the six townhomes across, the
street, and is undergoing extensive review for redevelopment such
as the Superblock. If Council wants to pursue a larger garage, the
A-frame property next door has been considered as an extension of
the underground parking.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district requirements. The proposal
is not in conflict with any other sections of the Land Use Code,
Pursuant to Section 7-1004 C.
requirements are as follows:
2 - 5, the pertinent subdivision
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2,
(a)
Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
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flooding, drainage, rock or soil creep, mudflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: No natural hazards exist on the site. Development of
this vacant property will have no adverse effects on surrounding
property. The property is virtually flat. There are no natural
hazards that exist on the site that would endanger the welfare of
future residents. However, the applicant shall work with the
Engineering Department to ensure that historic drainage patterns
are maintained.
(b) Spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
pUblic facilities and unnecessary public costs. .
RESPONSE: All utilities are available near the site. Improvements
to the sidewalks, curb and gutters will be installed by the
developer.
3 & 4. Improvements and Design Standards
of the relevant subdivision standards:
following is a review
(a) WATER - According to the application the city water
system has sufficient capacity to accommodate the project for
both domestic and fire protection needs. Only an extension
of existing water services is required.
(b) SEWER The Aspen Consolidated Sanitation District
currently has sufficient collection and treatment capacity to
serve the project. Impact fees will be added to total
connection charges for the project if downstream constraints
exist and are mitigated. The applicant shall submit detailed
plans to the District office for a tap permit.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - Load
information shall be submitted to the City electric
department. Until that information is made available the
electric department cannot determine what phase power is
needed and whether a major system improvement is necessary.
The project will be served the existing utility lines in the
alley south of the project. The applicant shall be
responsible for any utility relocation costs.
(d) EASEMENTS - A transformer easement is necessary, the size
will be determined when load information is made available.
Other easements shall provided as necessary for other
utilities. All easements will be depicted on the final plat.
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(e) SIDEWALK, CURB, AND GUTTER - Section 19-98 of the
Municipal Code requires construction of sidewalks for hew
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding.
The applicant has committed to install sidewalks, curbs and
gutters along Original and Hyman streets. The Engineering
Department is willing to change the angle parking to parallel
parking along Hyman Avenue in order to relocate the curb and
gutter. Relocation of the curb, along Hyman Avenue, shall be
17,5 feet from the private property line. The applicant shall
also realign the rest of the curb and gutter along that block
of Hyman Avenue to offset the change in front of the Kraut
property.
(f) FIRE PROTECTION - Automatic sprinkler and alarm systems
will be required for this project. There is ample water to
supply the sprinkler.
(g) DRAINAGE - A drainage plan, meeting the requirements of
Section 24-7-1004.C.4.f of the Code must be provided by an
engineer registered in the state of Colorado and submitted to
the Engineering Department. If drywells are not appropriate
detention structures with time release design features may
suffice. A final review of the drainage plan shall be done
by the Engineering and Streets Departments.
No storm runoff from soils exposed by excavation shall be
permitted to enter City streets or alleys.
(h) STREET LIGHTS - The applicant shall install a street
light on the corner of the alley on Original Street. The
applicants shall work with the City to determine location and
design of lighting.
(i) STREETS - An encroachment license is required for the
underground parking garage to encroach under Hyman Avenue.
Work in the alleys and streets of the Commercial Core and Main
Street Corridor is prohibited between June 15 through Labor
Day. This would include Highway 82. Therefore construction
in the Original Street right-of-way must be accomplished
outside of those dates.'
All work in the alley and public. right-of-way shall require
a permit from the streets department.
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During the time of construction the project shall be
surrounded on three sides with a covered pedestrian walkway.
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The alley shall be closed to all traffic except construction
related activity.
(j) SNOW SHED - The roof shall be designed in such a manner
as to prevent snow from shedding onto the public sidewalk.
(k) FINAL PLAT - Prior to the issuance of any permits, the
applicant must submit a subdivision plat in accordance with
Section 24-7-1004.C and D of the municipal code. (It is
recommended that the applicant review bluelines with the
Engineering Department prior to final sUbmission.)
The final subdivision plat and agreement must be filed within
180 days of final approval or subdivision approval is void.
(l) STREET TREES AND LANDSCAPING - Prior to signing the
subdivision agreement and plat, 'a detailed landscape plan for
the entire project and the streets cape shall be submitted to
the Parks Department for review.
A wider/larger space between the sidewalk and the curb and
gutter allows for greater growth potential for trees and
vegetation. The standard guidelines for designing in the ROW
should be followed. The Parks Department suggests planting
cottonless cottonwoods.
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EXHIBIT E
GMQS Exemption - Pursuant to Section 24-8-104, before any proposed
development can be considered for exemption by the City Council,
an application for exemption shall be forwarded to the Planning and
Zoning Commission for review and recommendation at a hearing.
The review criteria for an exemption includes the City's need for
affordable housing, the development's compliance with the adopted
housing plan, the number, type and location of the proposed units,
and the proposed price categories.
The project is designed to provide entry level studio and one
bedroom apartments. Council has not determined whether the units
would be sale or rental units, however the units will be a mix of
category 2 and 3, The applicant will file a condominium plat if
the units are to be sold.
The AACP identified this site as a potential affordable housing
parcel, The 1993 Housing Guidelines identified a preference for
entry level studio and one-bedroom units. Also, the demand for
these types of units was very evident during the sale of the West
Hopkins affordable housing units.
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EXHIBIT F
Text Amendment - In order to accommodate pUblic parking in the
proposed parking garage, a text amendment to the AH zone district
is proposed, The applicant proposes public parking as a "permitted
use" in the AH zone district subject to special review.
staff recommends that public parking become a conditional use in
the AH zone district. The AH zone district may be applied to any
parcel of land throughout the City, however pUblic parking may not
be appropriate in particular neighborhoods. An affordable housing
proposal should not be jeopardized because public parking is
inappropriate for a certain site. If a property is rezoned to AH
permi tted uses could occur with little or no review. Al though
special review is suggested, special review could not completely
deny a permitted use within the zone district.
Therefore, the following text amendment criteria are reviewed based
upon public parking as a conditional use in the AH zone district.
A conditional use review for public parking below the Kraut
property follows this text amendment review.
Pursuant to section 7-1102 the following standards of review apply
for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is not in conflict with any
portions of this chapter.
Because the proposed amendment recommends conditional use review,
staff, the Commission and the public will have the ability to
thoroughly review the appropriateness of public parking on a
specific location.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan,
RESPONSE: Although the AACP recommends a more restrictive approach
to the provision of parking, this ~mendment enables site specific
review for pUblic parking, With this amendment, an AH development
will be able to offset above grade spaces that could be lost due
to the development of affordable housing - i.e. the Kraut property.
Currently, about 50 leased parking spaces are located on the Kraut
property. These spaces, in addition to changing the Hyman Avenue
parking from angle to parallel, approximate 57 to 58 spaces lost.
The ability to provide more parking than is required for residents
will replace those spaces lost. Council has unanimously supported
new underground public parking when it is combined with the
reduction of above grade parking as long as there is no net
increase in available parking downtown.
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c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: In a particular zone district and under the
circumstances that above ground parking may have been lost due to
development for affordable housing, public parking may be
compatible with surrounding zone districts. Requiring conditional
use review will ensure that public parking is not proposed in a
district where it would be incompatible with surrounding land uses
or surrounding zone districts.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE:
proposals
safety.
The conditional use review for site specific parking
will avoid detrimental effects on traffic and road
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment, would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: The Rio Grande parking garage was considered a GMQS
Exemption for essential public facility, Although exempted from
growth management competition, mitigation was still assessed. Any
impacts to public facilities will be mitigated as a matter of
development review.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: Potential environmental impacts would be assessed on a
site by site basis when a conditional use review application is
reviewed. The Clean Air Advisory Board (CAAB) has passed a
Resolution opposing the net addition of new spaces. However, if
a public parking proposal replaced on-street parking and spaces
lost due to development this amendment is not inconsistent with the
CAAB Resolution.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
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RESPONSE: Several locations have been identified for public
parking as a component to the various transportation plans over the
years. This amendment enables a two-prong approach to solving two
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important issues within our community:
transportation.
affordable housing and
h. Whether there have been changed conditions affecting the
subject parcei or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: To develop affordable housing without parking is not
acceptable. Affordable housing has been targeted for all
neighborhoods of the city. In the downtown, developers have little
choice but to provide parking below grade. In a situation when
additional space is available and/or above grade parking spaces
have been lost, a parking garage should be able to provide pUblic
parking if there is no net increase in spaces.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: As long as site specific review is available and staff
can determine that no net increase in parking is being provided,
this amendment is consistent with established public policy.
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EXHIBIT G
MEMORANDUM
To: Aspen City Council
Thru:
Leslie Lamont
Tom Baker
Planning Office
Housing Office
From:
Jim Curtis
Kraut Consulting Team
Date: December 8, 1993
Re: Kraut Affordable Housing Project
Conceptual Development Issues For 1st Reading Discussion By Council '
INTRODUCTION
The Kraut Affordable Housing project is scheduled before Council for 1st
Reading on December 13 and 2nd Reading on January 10, 1994. To keep the project
on schedule, i.e. start construction drawings in early January and construction in early
June, the Consulting Team would like Council to give it direction on the following 3
issues at the December 13 meeting:
A. How much parking?
B. Conversion of East Hyman Avenue on-street parking from angled to parallel
parking.
C. Access to parking garage off East Hyman Avenue.
At the January 10 meeting, the Consulting Team would Uke direction on the
following 2 issues:
1. Should the construction of the project be phased to accommodate a
temporary City Market per the Superblock proposal?
2. Should the units be ownership or rental?
Prior to the January 10 meeting, the Consulting Team will prepare a memo and
pro formas addressing the above 2 issues.
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To update all parties, the Kraut Property was purchased in 1991 using !:!
HousinglDay Care funds. The property is the vacant lot south of the Aspen Athletic . I:
Club and currently parks approximately 50 cars. The property is 15,000 sq. ft. and:
zoned AH (Affordable Housing). The conceptual plan is a total of 27 units with 13 I
studios and 14 I-bedroom units with underground parking. Additional parking beyond
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the requirement of the 27 residential units can be provided either in a I or 2 level
underground garage. Any additional parking would be leased under year leases or sold
to the public, and not operated for short-term municipal parking like the Rio Grande
garage to minimize the operational cost of the garage. The garage would have a gated
entrance operated by an electronic card, and not a manned booth.
A. HOW MUCH PARKING
This parking analysis updates my prior memo of September 9. Updated parking
cost estimates have been provided by Bill Vannice Construction working with more
detailed architectural drawings from Harry Teague Architects. The estimated costs
represent the total development cost of the parking including design, project
management, construction and financing. However, it has been very hard to estimate
the cost of the parking until final construction drawings are prepared and bid.
The table below illustrates the various parking options and their estimated cost.
The starting point is Option A which is parking for 27 cars only for the 27 residential
units at I space per bedroom. This option will be paid for by Housing/Day Care funds
which are already available. The other options are compared against the Option A
starting point, and the cost of this extra parking will be paid for by other funding
sources.
Incremental Average Incremental
Total Inc. Above Cost Cost Above Total
Parking 27 Cars Per Car 27 Cars Costs
Option A - 1 st level 27 $ 24,940 $ - $ 673,400
Option B ~ 1 st level 55 28 19,220 383,930 1,057,330
Option C - I st level 74 47 18,090 665,600 1,339,000
Option B-2 - 2nd level 108 81 17,370 1,202,360 1,875,760
Option C-2 - 2nd level 146 119 16,780 1,777,130 2,450,530
Option A - 27 cars total, 1st level. Parking for 27 residential units only at I space
per bedroom.
Option B -
55 cars total, 1st level. This is the most efficient I-level parking layout
with all parking aisles double loaded. The parking extends off the
property and 9 feet under East Hyman Avenue to make all parking
aisles double loaded. No utilities in East Hyman Avenue would be
impacted. Existing 16 cars of on-street parking would be removed
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during construction, but street traffic would not need to be closed
during construction. The Streets and Engineering Departments
conceptually have no problems with extending the parking under the
street.
Option C - 74 cars total, 1st level. Parking under George Vicenzi A-Frame
property and East Hyman Avenue similar to Option B. The cost per
car is -more expensive than Option B because of additional costs to
build the garage under the A-Frame property without having a specific
building design for the property above. Existing 22 cars of on-street
parking removed during construction, but street traffic would not need
to be closed during construction.
Option B-2- 108 cars total, 2nd level under Option B.
Option C-2- 146 cars total, 2nd level under Option C.
CONSULTANTS' RECOMMENDATIONS
The Council's parking decision is based on the City's overall transportation,
parking and financial objectives, and the discussions regarding the Superblock.
However, the Consultants offer the following comments based only on the impacts to
the project.
1. The Consultants recommend the I-level 55 cars option. This is the most cost
effective I-level option, the additional parking will generate revenue to help
subsidize the project, and the additional parking will replace some of the existing
lost parking.
2. In the pro formas, it is estimated the additional public parking can be leased for
$190/month or sold for $22,000/space. Therefore, any additional parking should
pay for itself based on the current cost estimates. However, we stress that both the
revenue and cost estimates are only estimates until we go to actual construction
bids and try to market the spaces. Also, the marketing and demand for the spaces
will be greatly influenced by the Superblock parking plan.
3. The 27 car only option is not recommended because it results in a very high cost
per car, does not efficiently use the parking potential of the site, and does not
generate any additional revenue for the project.
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4. The Consultants feel the 2-levels 146 cars parking negatively impacts the
liveability of the units. The negative impact is the increased level of traffic into
and out of the garage, the increased traffic in the block, and the control, security
and operational aspects of the garage.
5. If Council wishes to proceed with the 2-levels 146 cars parking, the project should
probably be a rental vs ownership project, or Council should reconsider the
development of the 1st floor of neighborhood commercial and 16 affordable units
on the 2nd and 3rd floors. ,The residential units under the current plan are
designed to be either rental or ownership; however, changing the development
program to neighborhood commercial would throw out the work to date and delay
construction until the Spring of 1995.
6. If Council wishes to proceed with the 2-levels 146 cars parking, the parking in
excess of 56 spaces under a rental or ownership residential program would require
an additional conditional review and approval by the P & Z. This additional
approval is estimated to take from 116-2 months and would slide the total project
schedule back accordingly. The start of construction would be delayed from June
1 to August 1 approximately, and would result in the higher cost winter
construction to enclose the garage.
7. Based on prior discussions with George Vicenzi, it only makes sense to
incorporate George's A-Frame property if Council wishes to construct 2-levels of
parking.
8. If Council wishes to proceed with 2-levels 146 cars parking and/or changing the
development program, the Consulting Team would recommend the Consulting
Team contacting private investors to see if any investors would submit bids to pay
for, own and operate the 2nd level of parking at no cost to the City.
In summary, the Consulting Team feels the 27 unit housing project and I-level of
parking at 55 cars is a very attractive and appropriate use of the property, and consistent
with the HousinglDay Care Fund purchase of the property. We recommend Council
proceed with this development option.
B. CONVERSION OF EAST HYMAN STREET ON-STREET P ARKlNG FROM
ANGLED TO PARALLEL PARKING
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The Consulting Team has requested the existing angled parking on the south side
(Kraut side) of East Hyman Avenue be converted to parallel parking to enhance the
liveability of the project and to make more greenspace downtown. With parallel
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parking, the existing curb line on the south side of East Hyman Avenue would be
relocated north 9' allowing for a greater distance between the curb line and the property
line from 12'-6" to 21'-6". The additional space would allow for more greenspace,
street trees and planting area in front of the project. There are currently 16 angled
spaces in front of the property and 22 angled spaces along the total block. The
conversion to parallel parking would result in a loss of 8 spaces in front of the property
and 2 spaces along the balance of the block for a total loss of 10 spaces. The loss of
the angled spaces could be replaced in the garage at the discretion of Council based on
the size of the garage. Secondarily, Council could lessen the loss of the angled spaces
by only converting those in front of the property, and not converting the total block at
this time.
The P & Z Commission recommended against the conversion due to the loss of
on-street parking. Based on the P & Z discussion, I feel it is fair to say they are pro-
parking downtown, the more the better. This is a different policy than what Council
has expressed in its past discussions which has been a policy of no net increase in
downtown parking.
The Consulting Team feels very strongly about the on-street parking conversion
and feels it is fair, logical and appropriate for the following reasons:
1. We are requesting exactly the same parallel parking as on the north side of East
Hyman Avenue. We feel the parallel parking in front of the free-market East
Hyman Avenue Townhouses across the street enhances their liveability and we are
simply proposing the same treatment.
2. The adopted "Pedestrian Walkway and Bikeway System Plan" generally
recommends pedestrian-enhanced streets for the downtown area. While this
portion of East Hyman Avenue is not specifically identified for conversion to
parallel parking in the plan, we feel the conversion is consistent with the
philosophy of the plan.
3. The conversion to parallel parking will greatly enhance the liveability of the
project by giving more greenspace and planting area in front of the project,
creating more privacy for the lower units, and eliminating headlights pointing
directly into the lower units.
4. The conversion to parallel parking will make downtown greener and more
pedestrian friendly which is an objective of the Aspen Area Community Plan.
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5. The P & Z somewhat felt the City had an obligation to replace the existing 50
parking spaces presently used on the property. However, we disagree in that no
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, private developer of the property would be required to replace the 50 spaces.
Certainly, the prior approved Kraut Lot Split Subdivision for the property did not
have any requirement to replace the existing 50 car parking.
6. The Engineering Department supported the conversion with the recommendation
the curb line only be relocated 5' versus the 9' requested. The Engineering
Department simply wanted to retain future flexibility should the other side of the
street need to ever change its curb line. A 5' versus 9' relocation is certainly
acceptable if this is the wish of the Council.
In summary, the parallel parking would make the streetscape more pedestrian
friendly, the project more liveable, the downtown greener, the on-street parking
consistent for both sides and would simply emphasize people over the automobile.
C. ACCESS TO PARKING GARAGE OFF EAST HYMAN AVENUE
Access to the garage is proposed off East Hyman Avenue. Both the Planning
Office and P & Z Commission support the access off the street, however, Mickey
Spalding, representing the Aspen Athletic Club building, requested access to the garage
be off the alleyway. Access off the alleyway was examined and found to be impractical
for the following reasons:
I. The grade of the ramp from the alleyway getting down to the garage IS
simply too steep with up to a 30% grade.
2. The turning movements into and out of the garage from the alleyway would
be much tighter.
3. More neighbors are directly impacted along the alley especially the Hanna-
Dusting building and the potential Superblock development.
4. The public convenience of access off the street is much better especially if
the garage is larger than 27 cars.
This issue is raised at this time because if Council has any questions about the East
Hyman Avenue access they should be addressed now. Even if access of the alley could
be made to physically work, it would take a significant redesign of the project.
-6-
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EXHIBIT I
CERTIFICATE OF POSTING PUBLIC NOTICE SIGNS
KRAUT PROPERTY SUPDIVISION APPLICATION
I, James L. Curtis, do hereby certify that two Public Notice
Signs, as photographed below, were posted on the Kraut
Property on Sunday, January 9, 1994.
SOUTH ORIGINAL STREET SIGN
~L flu,
James L. Curtis
Project Manager
Kraut Property Consulting Team
EAST HYMAN AVENUE SIGN
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CERTIFICATE OF MAILING
KRAUT PROPERTY SUBDIVISION APPLICATION
I, James L. Curtis, do hereby certify that a copy of the
attached Kraut Property Public Notice was mailed to the
attached list of property owners on Sunday, January 9, 1994.
J\j"'= Llcfv~ V1r4 4-
Project Manager
Kraut Property Consulting Team
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Carlos Olivares
Monika S. de Olivares
826 E. Hyman
Aspen, CO 81611
John and Joan Antonelli
2300 Sunrise Key Blvd.
Ft. Lauderdale, FL 33304
Sylvia Bringolt-Smith
George A. Smith
250 S. Original, Unit E
Aspen, CO 81611
Madeline Ueb Schulte Trust
800 East Hyman Avenue, Unit A
Aspen, CO 81611
Jon Chapman, Trustee
800 East Hyman Avenue
Aspen, CO 81611
Colin Chapman
627 Rio Grande Place
Aspen, CO 81611
Candice L Lavigne
P.O. Box 7695
Aspen, CO 81612
Robert C. Blitz
John O. Antonelli
3423 a Street, N. W.
Washington, D.C. 20007
Skyler S. DeBoer
Box 6381
Snowmass Village, CO 81615
Galen and M8ly Lou Manin
5001 Hopewell Road
Louisville, KY 40299
Adrian C. Dorworth
P.O. Box 2694
Aspen, CO 81612
.~
Robin Michael Moloy
835 East Hyman Ave., #E
Aspen, CO 81611
Michael and Gloria Goldman
1603 West Ina Road
Tucson, I\Z. 85704
Herbert and Harriet Davis
1050 George St., Apt. 9M
New Brunswich, NJ 08901
Susan and Armond Chaput
3426 WestcJiff Road South
Ft. Worth, 1')( 76109
John Hayes
1112 Waters Avenue
Aspen, CO 81611
Kathleen & Walter B. Smith, Jr.
6527 Lange Circle
Dallas, 1')( 75214
Usa Clawson
835 East Hyman, #J
Aspen, CO 81611
DLR Financial Corporation
2907 Lucern Court
Arlington,1')( 76012
W. R. Walton
P.O. Box 665
Aspen, CO 81612
Frank J. Woods III
205 S. Mill St., Suite 301A
Aspen, CO 81611
Spring Street PO
C/o Vincenzi
P.O. Box 2238
Aspen, CO 81611
,^""",
M B Joint Venture
c/o Fred Martell
3 Quail Run
Old Westbury, NY 11568
Richard and Dorothy Simmons
c/o Code Hennlsy & Simmons
303 West Madison, 17th Floor
Chicago, IL 60606
Simon and Nora Kelly Trust
0018 lupine Drive
Aspen, CO 81611
Frank D. Ross
520 E. Durant, #204
Aspen, CO 81611
Francis P. Hoffman, Trustee
Francis P. Hoffman Revocable Trust
210 Inverness Lane
Scherville, IN 46375
Donald H. Witt
1412 Grand Avenue
Glenwood Springs, CO 81601
Stanley L Seligman
3026 Patterson Rd.
Grand Junction, CO 81504
Karen Bernice Kiefer Trust
c/o Walter J. Kiefer, Jr.
P.O. Box 70136
Seattle, WA 98107
Spring Street PO
c/o Gultco, Ud.
616 East Hyman Ave.
Aspen, CO 81611
Natalie Ferry
P.O. Box 166
Glencoe, IL 60022
Wilber A. Haber
20409 Kishwaukee Valley Rd.
Marengo, IL 60152
Joyce Edward
One N. FrBnklin, Suite 2300
Chicago, IL 60606
.---\
William F. Carr, Trustee
P.O. Box 341
Carbondale, CO 81623
...-..
Toby and Janet Mazzie
1425 Sierra VISta
Aspen, CO 81611
Florence W.Hellinger
1849 Wycliff Dri\Ie
Orlando, FL 32803
Fred and Barbara Martell
3 Quail Run
Old Westbury, NY 11568
Greg SheIWin
1020 E. Hopkins, #26
Aspen, CO 81611
Max and Helen Natlerer MOVED
C/o Relnmax Ud.
Box 5069, Station F
Ottawa Ontario,
Canada K2C-3H3
Robert Baum
35 Mayflower Drive
TenafIy, NJ 17670
312009 Ontario Llmiled
180 SteeIes Ave. West, #206
lllomhill, Ontario
CANADA L4J 21..1
Nancy Weil
1404 23rd Avenue Court
Greeley, CO 80631
Ronald and Dana Cohen
6500 Rock Spring Drive
Bethesda, MD 20817
757253 Ontario LimIted
Ontario Corporation
C/o Landawn Shopping Centers
11 Polson Street
Toronto, CANADA M5A 1A4
Ethel Caro Gofen
455 City Front Plaza, Suite 3000
Chicago, IL 60611
Stephen and Elissa Salzman
1501 Beacon St., Apt. 1902
Brookline, MA 02146
Catharine Black Peterson
2309 Gadd Road
Cockeysville, MD 21030
Don and Marian Willoughby Red River Valley Peter and RocheIJe Berman
12322 Rip Van Winkle Investments CO. 10021 Ormoncl Road
Houston, TX 77024 408 St Peter St., Suite 440 Potomac, MD 20854
St Paul, MN 55102
Matthew and George Kellner Dennis Chookaszian Bruce V. Michelson Trust
570 Dover Dri\Ie C/o CNA Insurance no1 Forsyth
Walnut Creek, CA 94596 CNA Plaza, 40 South St. Louis, MO 63105
Chicago, IL 60685
Richard G. Benter
Robert N. Rivers Tamara & James Hunting Mason and Brenda Simpson
c/o Richard G. Benter 182 Eastwood Drive 25 Saddlebach Road
7 La Quinta Aspen, CO 81611 Tequests, FL 33469
Irvine, CA 91715
Manutea Knight Phyllis M. Coors Patty K landers
Alan A Storey Panorama Estates P.O. Box 4680
100 Poloke Place Route 5, Box 763 Aspen, CO 81612
Honolulu, Hawaii 96822 Golden, CO 80401
Paige Vrtousek
Arden Moore Joel and Elaine Gershman Michael and Gail Craig
1656 Maiden Street 250 S. 18th Street 6519 Seaside Walk
San Diego, CA 92109 Philadelphia, PA 19103 Long Beach, CA 90808
Ajae Umited Partnership
William and Carolyn King 1501 North Pierce Annette and Gerald Krans
409 Buckingham Road Suite 112 P.O. Box 1069
Pittsburgh, PA 15215 Little Rock, AI< 72207 WIchita, KS 67201
Frederick Karsten
536s Wrikly Road
Bethesda, MD 20816
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Barbara Hearst
131 Treascre Hill Rd.
South Kent, CT 06875
1""',
Patricia Seifert
P.O. Box 2262
Aspen, CO 81612
Nickolas Pasquarella Michael C. Kravitz
805 E. Cooper Avenue 6406 Brentfield Drive John R. Vavrek
Aspen, CO 81611 Dallas, TX 75248 819 E, Hyman Ave., #4
Aspen, CO 81611
William Mclaughlin Frank Daly
P.O. Box 45088 Michael Daniel Productions Penelope Somple
Dallas, TX 75260 1555 N. Aster 3035 Calla Drive
Chicago,lL 60610 Santa Cruz, CA 95062
Craig Schubiner Edward M. Sullivan, Jr.
1600 Maddy Lane P.O. Box 1324 Patty Landers
Keego Harbor, MI 48320 Aspen, CO 81612 P.O. Box 1479
Jackson, WY 83001
City Market Inc. S.J. Glauser
P.O. Box 729 C/o Michael Herron *
Grand Junction, CO 81502 230 Halmor Drive
Sarasota, FL 34247
Bell Mtn. Co. Michael Game
720 East COOper Ave. P.O. Box 3835 *
Aspen, CO 81611 Aspen, CO 81612
Gregory Boelens
P.O. Box 2360
Aspen, CO 81612
Christopher T. Hoke
5721 N. Country Club Terrace
Edmond, OK 73034
*
Candice L Annan
P.O. Box 7695
Aspen, CO 81612
Judith Taylor
533 East Hopkins 'B'
Aspen, CO 81611
*
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Phyllis J. Hess
P.O. Box 8582
Aspen, CO 81612
Sawyer Smith
835 E. Hyman Ave., #6
Aspen, CO 81611
*
George Smith
P.O. Box 7975
Aspen, CO 81612
Edwin J. Sman
P.O. Box 799
Aspen, CO 81612
*
Angus Anderson
P.O. Box 557
Aspen, CO 81612
Ted Koutsoubos
419 East Hyman Ave.
Aspen, CO 81611
*
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PUBLl:C NOTl:CE
RE: KRAUT PROPERTY AFFORDABLE HOUSl:NG PROJECT SUBDIVl:SION, GHQS
EXEMPTl:ON FOR AFFORDABLE HOUSl:NG, VESTED RIGHTS AND AN AHENDMENT
TO THE TEXT OF ,THE CITY OF ASPEN LAND USE CODE REGtJLATl:ONS, CHAPTER
24 OF THE ASPEN MUNICl:PAL CODE
NOTl:CE l:S HEREBY GIVEN that a public hearing will be held on
Monday, January 24, 1994 at a meeting to begin at 5:00 p,m. before
the Aspen City Council, City Council Chambers, City Hall, 130 S,
Galena, Aspen, CO to consider an application submitted by the
Aspen/Pitkin county Housing Office, 503 E, Main St" Aspen, CO,
requesting sUbdivision approval for 13 studio and 14 one bedroom
affordable housing units; GMQS Exemption for deed restricted units;
Vested Rights; and an amendment to the City of Aspen Municipal Code
Section 24-5-206.2, the Affordable Housing (AH) zone district, to
permit municipal parking as a conditional use. The Kraut property
is located on the southwest corner of East Hyman Ave. and Original
st.; Lots E, F, G and I, Block 105, City and Townsite of Aspen.
For further information, contact Leslie Lamont at the Aspen/Pitkin
Planning Office, 130 S. Galena, Aspen, CO 920-5101
s/John Bennett
Aspen City Council
Published in the Aspen Times on January 7, 1993
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City of Aspen Account
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ORDINA.~CE NO. I:lS
, (SERlES OF 1993)
AN ORD[NANCE OF THE ,J"SPEN crrv COUN.
CIL GRANTING SUBDIV[SION. GMQS EXEMP.
TION AND VESTED RIGHTS STATUS FOR THE
DEVELOPMu'\lT OF 27 AFFORDABlL HOUSING
UNITS ON KRAUT PROPERTY LOCATED ON
THE SOUTHEAST CORNER OF EAST HYMAN
AVENUE AND OR[GINAL STREET. CITY OF
ASPEN. PITKIN COUNTY. COLORADO.
WHEREAS. in 1992 the Kraut property was
rezoned Irom Office to Affordab[e Housing
(AIi): and
WHEREAS. pursuant to Se<:tions24-6-207. 24-
7.1004 C.I and 248-104 of the Aspen MunicIpal
Code the .:1pplicanl. Aspen Pitkin County Hou,s..
[nl Authorlly, has submitted.:1n appllC.:1tionror
the development nl 27 fully deed restncted
dwelllnqunits::lnd
WHEREAS. the applicant has requested sub-
division. GMQS Exemption and to vest their
development rights: and
WHEREAS, the appiicant, also requested spe.
dal review for the establlshmenl 01 open space
and parklng.:1s required, in the AH :tone dl$trict;
"'.
WHEREAS. the Planning and Zoning Commis-
sion reviewed the development proposal in
accordance wilh those procedures set forth at
Section,24-6-Z0S(A)(5)(b) of the Municipal
Code and did conduct a public: hearing thereon
Oft November IS. 1993: and
WHEREAS. upon review and consideration 01
the subdiVision and CMQS Exemption. agency
and public comment thereon. and those appll-
cable standards as conla!ned in Chapler 24 01
the Municipal Code. to wit. Division 10 01 Arti-
cle 7 (Subdivision) and ArtIcle 8 (GMQS), the
Planning and loning CommiSSion has recom-
mended approval of the Kraut property subdi-
vision subject to conditions. to the Oty Coun-
dl:and
WHEREAS. the Aspen City Council has
reviewed and considered the subdivision
under the applicable provisions ollhe Munici-
pal Code u IdentUied herein. Ilas reviewed and
considered those recommendations and
approvals as granted by the Planningaitd Zon-
Ing Commission. and hu taken and considered
public comment at public hearing; and
WHEREAS. the City Council finds that the
subdivision m~ts or exceeds all applicable
development standards and that the approval
of the subdivision am;! GMQS exemptiOn. with
conditlons. Is consistent with the goals andele-
rnents 01 the Aspen Area Community Plan: and
WHEREAS. the City Council /lnds that tltis
Ordinance furthers and is necessary lor public
health, safety. and welfare.
NOW, TIiEREfORE. BE IT OROAlNED BY TIlE
CITY COUNCIL OF lliE CITY OF ASPEN, COLr
ORADO u follows:
Section i: Pursuant to Section 24-7-1001 01
the MunIcipal Code. and subject to tltose con-
ditions of approval as specified hereinafter. tlte
City Council finds u follows In regard to the
subdivision:
1. The applicant's submission is complete
and sulncient to a/ford review and evaluation
for approval.
2. The subdivision is consistent with Ihe pur-
poses oj subdivision which Is to assist in the
orderly and efficient development 01 the city
and nleguard the interests 01 the public and
the subdivider and provide consumer protec-
tlon lor the purchaser.
SectIon 2: Pursuant to the flndings set forth
In Section I above. the City Council does here-
by grant subdivision approval for the Kraut
property subject to the following crmdillons:
I. Sidewalks. curb and gulters shall be
Installed by the developer. language to this
eflect shall be included in the subdivision
agreement and shall be indicated on the final
plat.
2. Streetscape alternative B shall be Imple-
mented by the developer.
3. Prior to the Issuance of any building per-
mils. the applicant shall submit detailed sanlta-
Uon plans to the Aspen Consolidated Sanit3-
lion Districllor a sewer tap permit.
4. Prior 10 Ihe issuance of any building per-
mits. electrical load Information sh.lll be sub-
mitted to the City electric department in order
to determine what phase power is needed and
whether a major system Improvement is nece:!-
Ary.
S. The applicant shall be responsible lor any
utility relocation costs language to this effect
shall be included in the subdivision agreement.
6. A translonner easement shall be provided.
the size and location 01 whIch will be deter-
mined by the Electric Department when load
Inlormation IS made available. Other ease-
ments shall provided as necessary for other
utllltles. All easements shall be depicted on the
nnalplat.
7_ Automatic nre sprink.ler and alarm syslems
shall be required for thls project.
8. Prior to the issuance of any building per-
mits. a drainage plan. meeting tbe require-
ments 01 Section 24-7-1004.CA.f of the Code
shall be submitled by an engineer registered In
r-,
the State of Colorado and submitted to the
Engineenng Department. A nnal review 01 the
drainage plan shall be done by Ihe Engineering
and Streets Departmenls.
9. No storm runotf from soils eltposed hy
excavalion and construction shall be permitlt.:d
Icenter City streels or alleys.
10. The applicant shall install a street lil:hl on
tht: comer of the alley on Original Street. The
applicants shall work wilh the City to deler-
mine location and design 01 1\ghtlng which
shall be indicated on the final plat.
It. An encroachmenl license shall be
required for the underground parking garage
to encroach under Hyman Avenue.
12. Work in the alleys and Slreets of the Com.
mercial Core and ~lain Street Corridor is pr~
hiblled between June 15 through Labor Day.
This would include Highway 82 but not East
Hvman or the alleyway.
'13. Prior to any work in the alley and pubUc
rlghr.:ol.way a permit from the Streets Depart-
ment shall be required and revi('wed hy the
Engineering Department.
14. During the time 01 conslruction the pro-
ject shall be surrounded on two sides (i.e. E.
Hyman and Original St.) with a covered pedes-
trian walkway~ The alley, may be closed to all
tralllc including pedestrlan (except construc.
lion related activity and service and utillty tral-
llc) as needed for construction.
15. Prior to the. issuance 01 any building per-
mits. the rool shall be designl::d in such a man.
ner M to pr1!Vent snow Irom shedding onlo the
public sidewalk.. .
16. Prior to the issuance of any permits the
applicant snail record a subdivision plat and
agreement in accordance with Sectlon 24- j_
1004 . C and 0 01 the municipal code. The plat
and agreement shall be reviewed and approved
by the Englfleering and Planning Departments
and theAttomey's office.
17. Prior to approving: the suhdivision agree-
ment and. plat. a detailed landscape plan for
the entire projecl and the streetscape shall be
submitted to the Parks Departmenl for review.
The standard guidelines for desisning in the
ROW should be followed.
18. The approved subdiVision plat and agree-
ment shall berecorcled with the Pitkin County
Clerll: arid Recorders office within 180 days 01
subdivision approval or the approval may be
void.
19. All material representations made by the
applicant in the application and during' public
meetings wllh the Planning and Zoning Com-
mission shall be adhered to and considered
conditions 01 approvai. unless otherwise
amended by other conditions.
20. Yard and open space shaU consist of 41% or
approximately 6.095 Square feee 01 the property.
21. Twenly.seven residenlparking spaces
shall be provided In a below grade garage.
22. The height 01 the building shall not
exceed 30 feet as delined in Seclion 24~IOI 01
A.spen Municipal Code.
Section 3: Pursuant to Section 24-8-104 of the
Municipal Code. the City Council does he;eby
grant a GMQS Exemption for the development
01 27 rully deed restricted dwelllng units con.
sisrlng 01 13 studio Units totaling 3.!lOO square
feet and 14 one-bedroom unitslotalln!l 5.S00
square feet of which. nine sludlos and four one-
bedroom units shall be category 2 and four stu-
dios and ten one-bedroom units shall be cate-
gory 3.
Section 4: All materlal representallons and
commitments made by the develrlper pursuant
to Ihe subdivision approvals as herein award-
ed. whether in public hearing or documenta-
lion presented belore the Planning and Zoning
Commission and or City Council, are hereby
Incorpora-ted in such plan development
approvais and the same shall be compllet.l with
as if tully setlortb herein. unless amended by
other specific conditions.
Secllon 5: ?ursuantto Section 24+207 of the
Municipal Code. the City Council does hereby
grant the applicant vested righls for the Kraut
property subdiVisiOn as follows:
I. The rights granted by the site specific
developmenl plan approved by this Ordinance
shall remam vested for three (3) years from the
date of final adoption specilled helow. Howev_
eI", any faiiure to abide by the tenns and condI-
tions attendant 10 Ihls approval shail result in
forfeiture 01 said vested property rlghts~ Fall-
ure tn timely and properly record all plals and
ag~ments as specified herein and or in tbe
Municipal Code shall also result In the forfei-
ture 01 said vested rights.
2. The approval granted hereby shall be sub-
ject to all rights of relerendum and judicial
""'~.
3. Nothing In the apprrlvals providl:'d in this
Ordinance shall exempt the site specific devd-
opment plan from subsequent reviews and or
approvals required by this Ordinance or Ihe
genera! rules. regulations or ordinances or the
City provided that such reviews or approvals
are not inconsislent with the approvals grant-
ed and vested herein.
4. The establishment herein 01 a vested prop-
~
erty right shaH not pre.:llJde the applicaiion 01
ordinances or regulatlons which are general in
nature J.Jld are applicable fo all property sub-
Jectto land use regulation by the City of Aspen
includIng; bul not limited to. building. fire.
plumbing, electrical and mechanical codes. In
this regard. as a condition 01 this slledevefop-
ment approval, the developer shail abide by
any and all such bUIlding. fire. plumbing. elec.
trical and mechanic~l codes. unless an e:<emp-
tion therefrom is grariled In wrlllng.
Secllon S: This Ordin:ll1ce shall not effect any
exisllng lillgation and shall not operate as an
abalement of any aclion or proceedin!l now
pending under or by Vlrlue 01 the ordinances
repealed or amended as hl':rein provided. ,1nd
the same shall be conducted and concluded
under such prior ordinances
Section 7: if any section. subs<:!ction. sen-
tence. clause. phrase. or porl;on of this Ordi-
nance is for any reasonheid invalid or uncon-
stilutlnnni in acnurt 01 compett'ntiurisdlction.
su('h flOrllCltl sh.Lll he uC'f'mt'r1 ~ Sl."pnr.:1tl'. dis-
lInct and independent provision and shall not
affecl the valltlity of the remaining portions
thereof.
Section 8: The City Clerk shall cause notice 01
thiS Ordinance to be published in a newspaper
ol general circulations wilhin the CIty of ..!"spen
no later than lourteen (14) days following final
adoption hereof. Such notice shall be given in
the following fonn:
Notice i" hereby given to the general pubHc
of the approval 01 a site specific development
plan. and the creation 01 a vested properly
right punuanuo TItle 24. Article 68. Colorado
ReVised Statutes. pertaining to the following
described property:
The property shaH be described in the nOllce
and appended to said nollce shall be the ordl-
nancesranlingsuchapprovai. .
Section 9: That the City Clerk is directed,
upon the adoption of this ordinance. to re<:'ord
a copy 01 this ordinance in the ollice ollhe
Pltkio County Clerk and Recorder.
Section 10:,1, public hearing on the Ordl.
nanceshall be held on the 24th day nf January
1994 at 5:00 in the City Council Chambers.
Aspen CIty fl.:1Jl, Aspen. Colorado. fifteen (15)
days prior to which hearing a public nOllce 01
the same shall be published in a newsoaper 01
general circulallon within Ihe City 01 Aspen.
INTRODUCED. READ AND ORDERED PUB-
USHEn as provided by law. by the City CounCIl
of the City of Aspen on the 13th day 01 Decem-
ber 1993.
John Bennelt. Maynr
AUest: Kathryn S. Roeh.City Clerk
PuhUshed in The Aspen TImes 1)e(o.24. 1993.
ORDINANCE NO. 68
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF
TIlE cm OF ASPEN. AMENDING CIIAPTER 24
OF niE MUNICIPAL CODE. UNO USE RECUU-
TIONS. BY AMENDING SECTION 24->206.2 TO
ALLOW ~UNICIPAL PARKING AS A CONOI.
TIONAL USE IN THE AFFORDABLE HOUSING
ZONE DlSTRICl
WHEREAS. Section 24-7-1103 of the ~unicipal
Code provides that amendments to Chapler 24
olthe Code. to wit, "Land Use Regulations:
shall be reviewed and recommended for
approval by the Planning Director and then by
the Planning and Zoning Commission al public
hearlnS. and then approved, approved witlt
condlllons. or disapproved by the City Council
at public hearing; and
WI [EREAS. the l"lannlng Director did receive
from the Aspen Pitkin County Housing Authori-
Iy (-Applicant") and has reviewed and recom-
mended lor approval a ie:<t amendment to
Chapler 24 associaled wllh the development of
affordable housing and a parltinggarageonlhe
Kraut property: and
WHERF.AS. the Planning .:tnd Zoning Commis-
sion reviewed the proposal and did conduCI a
pubUc hearing thereon on November IS, 1993:
"'.
WHEREAS. upon review and consideraUon 01
Ihe text amendment. asem:)' and public com-
mefltthereon. and those applicable standards
as contained in Chapter 24 nl fhe ~uniclpal
Code, to wit. Divisionll of Article'; (Teltl
Amendmenls). the Planning and Zoning Com-
m!ssion has recommended approval of the text
amendment recommended by the Planning
Direclor and J.5sociated with the Kraut subdivi_
sion submission pursuant to procedure as
aulhorltl':d by Section 24-6-205 (A)(S) 01 the
Munlctpal Code: and
WHEREAS. tbe Aspen City CounCil has
reviewed and considered the telll amendment
under the applicable provisions 01 Ihe Munici-
pal COde as IdentUied herein. has reviewed and
considered those recommendations and
approvals as granted by the Planning and Zon-
Ing Commission. and has taken and considered
public comment at puhlic hearing; and
WUERW. the City Council finds that the text
amendment meets or exceeds all appllcable
development stnndards and Is consistent with
the goals and ~Iements of the Aspen Area Com.
munlty Plan: and
WHEREAS. the City Council Hnds that thi
Ordinance furth<:!rs and is necessary lor publi
health. salety. and welfare: and
WHEREAS. the City Council finds that th
proposed text amendmenl will allow and ~rc
mote compatibility 01 tone districts and lanl
uses with existing land uses and neiyhborhoo<
characteflstlcs and will be consistent with th
public welfare and the purposes and Intent l
Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THi
CITY COUNCIL OF THE Cln' OF ASPEN Cot
ORADD:
Section 1: Pursuant to Sectlon 24-;.1102 c
the Municipal Code. the City Council finds a
follows in regard to the tellt amendment:
I. The proposed text amendment as set fort
In the Plan is not in coni1ict with the prOVISIon
of Chapter 24 of the ~unicipal Code or th
Aspen Area Community Plan.
2.. The proposed lext amendmenl is compat
ble With thc surround in!:: zone dislricts an
land!J$es.
3. The proposed leltt amendment will nc
adversely impact traUk generation or roa
sai"ety when taken into conslderallon with th
other aspects 01 the Plan.
.I. The proposed text amendment will pr(
mote the public interest and characler of th
City 01 Aspen.
Section 2: Section 5-206.2 oi C::apter 24 olth
Municipal Code 01 the Clly 0/ Aspen. Coiorad~
is hereby amended. which new text shall rea
as/ollows:
Section >ZOS.2. Affordable Housing: eAH) (
Conditional uses. The lollowing uses are pe
mltted as conditional uses In the Aflordabl
Housing tAH) zone district, subje<:tto the Sl:ll
dards and procedures established in Artic!e
Division 3.
1. Open userecreaUonsite:
2. Day care center:
3. S..teIHte disn antennae:
4. Dormitory: and
5. Public surface and underground parkin
areas.
Section 3: This Ordinance shall not dfecl ar
elOstlng litigation and shall not operate as J
at...4tement of any action or proceeding: no
pending under or by virtue of the ordinanc\
repealed or amended as herein proVided. .:lfl
the same shall be conducted alld conclude
under such prior ordinances.
Seclion 4: 11 any section. subsection. sel
tence, clause. phrase, or portion 01 this Orc
nance Is for any reason held invalid or unco
stilutional in a court olcompelenl jurisdiclio
such portion shall be deemed a separate. di
tinct and independenl prOVIsion and shaU n.
affect the validlly 01 the remaining portior
thereof.
Section 5: A public hearing on the Ordlnaru
shall be held on the 24 day of January, 1994
5:00 In the City Council Chambers. Aspen Cl
Hall. Aspen Colorado. lUteen (IS) days prior
which hearins a public notice of the same sh.
be published in a newspaper 01 general circul
tJon within the City 01 Aspen.
INTRODUCED. READ AND ORDERED PU
USHED:IS pro\ided by law. by the City Coun.
of Ihe City 01 Aspen on the 13 day 01 Decemb.
1993.
JohnBennett.~ay
Attest: Kathryn S. Koch. City Clerk
Publishl::d In The Aspen Tlmes Dec. 24. 199~
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!M~yor and council
< it
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MEMORANDUM
TO:
THRU:
Margerum, city Manager
FROM:
lie Lamont, senior Planner
RE:
Kraut - Subdivision, GMQS Exemption, Vested Rights and
Text Amendm~t in the AH Zone District, First Reading
ordinance~, Series of 1993 & Ordinance ~~, Series of
1993
DATE:
December 13, 1993
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SUMMARY: The applicant, Aspen Pitkin Housing Authority,
represented by Jim curtis and Harry Teague, propose to develop 27
fully deed restricted dwelling units on the Kraut property located
on the southeast corner of East Hyman and Original street. The
applicant also requests a GMQS Exemption for the development of the
affordable housing and vested rights,
As part of this application the applicant has
amendment to the Affordable Housing zone
municipal parking as a conditional use.
Please see attached Ordinance ~ Series of 1993, for subdivisi.on.
also proposed a text
district to allow
Please see
amendment.
attached
Ordinance
~~
series
of
1993,
for
text
PREVIOUS COUNCIL ACTION: Council rezoned the Kraut property from
Office to Affordable Housing (AH) in 1992.
REVIEW PROCEDURE: SUbdivision and GMQS Exemption for affordable
housing are a.~wo step review process requiring the Planning and
Zoning commission to make a recommendation to Council. Special
Review for open space, parking and height, required in the AH zone
district, is a one step review process by the commission.
The text amendment for public parking as a conditional use in the
AH zone district is another two step revi.ew requiring the
commission to make a recommendation to Council. Conditional use
review is a one step review by the Commission.
PLANNING AND ZONING COMMISSION ACTION: The Commission reviewed 'the
application at a November 16, 1993 public hearing, The Commission
approved the special review for parking and open space for this
proposal. The Commission also recommends approval of the
subdivision and GMQS Exemption for the development of 27 dwelling
units on this parcel,
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The Commission reviewed
municipal parking in the
The Commission recommends
the proposed text amendment to allow
AH zone district as a conditional use.
approval of the text amendment.
The commission reviewed the conditional use for 29 pUblic parking
spaces to be combined with the required residential parking. The
Commission would desire a larger garage to accommodate more public
parking. However without a traffic/circulation study for a larger
garage, the commission approved the 29 additional spaces with the
intent of further review if the garage were to expand. The
conditional use approval is contingent upon Council adopting the
text amendment.
Please see Planning and Zoning commission Resolution 93-27, exhibit
A.
CONSISTENCY WITH THE AACP: The AACP identified this specific
parcel for the development of affordable housing,
--======================--
STAFF COMMENTS:
I, Background - Together, the City of Aspen, Pitkin County
and the Housing Authority have pursued a comprehensive plan to
address the community's housing problems. The housing plan is
threefold it: seeks to preserve the existing affordable housing
stock, requires developers to mitigate a "fair share" of their
af,fordable housing impacts and produces new affordable housing to
reduce/eliminate the current affordable housing shortfall.
As part of this comprehensive approach, the City council adopted
Ordinance 59 establishing an Affordable Housing Zone District (AH).
The AH zone enables the rezoning of land for the purposes of
affordable housing.
The purchase, rezoning and proposed development of the Kraut
property is a step toward the provision of affordable housing
within close proximity to employment opportunities and neighborhood
services for those citizens in need of housing.
In addition to the site being selected for housing, the 1987
Transportation Element of the Aspen Area Comprehensive Plan
identified this site as one of three centrally located underground
parking garages. The Rio Grande parcel and Wagner Park were the
other two sites. The report identifies this site as a likely
candidate because the site takes advantage of existing traffic
patterns of Main/Original and Highway 82. This location could help
reduce the traffic circulation around the pedestrian mall, Rubey
Park and Durant Avenue, It's proximity to the commercial core and
the gondola make it ideal for both a winter and summer intercept
lot,
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After rezoning the Kraut property, the Commission directed staff
to study the possibility of public parking below the Kraut and the
ability to pursue the Superblock concept.
Staff, together with the Superblock private property owners,
studied the feasibility of building one multi-level garage under
the Kraut property or combining that garage with a larger garage
underneath city Market/Bell Mt./Buckhorn Lodge properties. Staff
and the property owners came to several conclusions:
1. timing of redevelopment and relocation of utilities
prevented further consideration of one garage connecting all
properties; and
2. the cost per space for only the Superblock proposal will
be less expensive; and
3. underground parking is essential for resident parking of
the Kraut development and additional parking could be added
if the Superblock proposal is not pursued.
However, staff continued to pursue a mixed-use concept on the
property. This was done in tandem with the review of the large
garage and Superblock concept. It was determined that the Kraut
property was too small to develop a successful mixed-use project
attempting to provide more Neighborhood Commercial (NC) space,
affordable housing, and public parking. In addition, the increased
level of support for Superblock negated the need to include NC
space and public parking on Kraut.
This application includes a conceptual design of a parking garage
for up to 146 cars. Although it is too soon for a decision on the
Superblock, the applicant requests that public parking in the Kraut
property garage be considered in order to permit maximum planning
flexibility.
II, site Description - The Kraut property is located near the
base of Aspen Mountain. The site is two blocks east of the
downtown commercial core area, and two blocks south of Main Street
at the intersection of East Hyman Avenue and original Street.
The 15,000 square foot lot is vacant and is currently being used
as a commerical parking lot. The-re are no natural hazards
associated with the site and it is relatively flat. There is no
significant vegetation on the parcel and several inches of gravel
exist on top of natural soil conditions.
The parcel was rezoned from Office to Affordable Housing in 1992.
The areas north and west of the parcel are zoned Office. Across
spring Street, to the west, the Commercial-1 zone district begins.
The parcels immediately south of the Kraut property are zoned Lodge
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Preservation and Commercial Lodge and across Cooper street is the
NC zone district. The residential neighborhood to the east of the
parcel, across Original, is zoned Residential/Multi-Family (R/MF).
The property is bounded by several existing structures. West of
the parcel is a two-story A-frame and the three-story Hanna-Dustin
office building on the corner of Hyman and Spring streets. The
Buckhorn Lodge, a two and one-half story structure, is across the
alley along the site's southern boundary. To the southwest is the
two-story Bell Mountain Lodge. Across Hyman Avenue, to the north,
is the Coates, Reid and Waldron office building. West of that
building are the 700 East Hyman Townhomes that consist of three
duplexes for a total of six dwelling units. To the east, across
Original, are single and multi-family residences.
The parcel is accessible by paved pUblic streets, East Hyman Avenue
and Original Street, and by a dirt alley between Hyman and Cooper
Avenues. The public streets have curb and gutter. There are no
paved sidewalks, only gravel paths. utility lines are proximate
and contained underground within the public rights-of-way.
III. project Description - The proposed project consists of
27 dwelling units: 13 studios and 14 one-bedrooms. Nine of the
studios will be category 2 and four studios will be category 3.
Four one-bedroom units will be category 2 and 10 one-bedrooms will
be category 3. Council has not yet determined whether, the units
will be for sale or rental.
As outlined in the application the design of the
incorporates a variety of elements to lend an individual
the units verses a standard apartment building:
building
touch to
1. Each unit has a private entrance.
loaded corridors.
There are no double
2. Each unit has a small private space either a small patio
or yard space.
3. The project is built around a south facing central
courtyard, Each unit has natural light and sun exposure.
4. Many of the units have three or four exposed exterior
walls, and all units have at least two exposed walls.
5. The first level units have higher ceilings of 9 feet.
6. The building has been sunk an average of 3.6 feet to allow
the first level units to have higher ceiling heights, to
create small private entrances, and to reduce the height.
7. Only six of the 27 units are on the third floor thus
creating a varied roof line,
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8. The corners of most of the units have been angled to have
a bay window character.
9. The units have individual locked storage closets of a
minimum of 25 square feet in the garage plus as much in-unit
storage space as possible.
10. The units will be plumbed for individual washers and
dryers for sales units, as well as common laundry room in the
garage if the units are rental.
Preliminarily, the exterior material is proposed to be horizontal
and vertical siding with colored metal roofs. The exterior colors
are proposed to be buff and green. Final colors and exterior
materials will be decided at final project approvals before
Council.
Please see Table 1, exhibit B, for AH zone district dimensional
requirements compared to the proposed project.
--====================--
APPLICABLE REVIEW:
I. Subdivision
subdivision review.
Please see Exhibit C for specific
II. GMQS Exemption
exemption criteria.
Please see Exhibit D for specific
III. Vested Rights - The applicant requests vested rights
status to protect the development approvals for three years
from changes in the Municipal Code, Chapter 24. Necessary
vesting language is included in the Ordinance.
IV. Text Amendment - Please see Exhibit E for specific
amendment criteria.
--======================--
ISSUES: (Please refer to the December 8, 1993 memo from Jim curtis
that updates Council on the parking garage options and their
development costs, and specific issues the applicant would like to
review with council, exhibit F.)
I, parking For this application, the applicant has
developed several different scenarios that address parking for this
parcel. The Planning and Zoning commission recommends the 55 car
garage which includes both public and resident parking.
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The applicant is requesting council to further consider the
of the garage and provide direction to the applicant
development purposes,
size
for
As stated in the Background. section of this memo, Kraut was
originally included in the development considerations of the
Superblock concept. After initial utility considerations and a
refocus of the Kraut property back to a residential project only,
the property was disconnected from the Superblock review and is now
being reviewed alone.
For the 27 fully deed restricted units, project development has
always included one space per dwelling unit. Early in the process
it became obvious that the required resident parking could only be
accommodated below grade.
This applicant considered a range of parking options from a one
level parking garage solely underneath the Kraut property to a two
level garage extending underneath George Vicenzi's A-frame
property. The first version only provides 27 spaces for the
residents and the final version provides 146 spaces.
The Planning and Zoning commission selected option
of parking, only underneath the Kraut property,
resident spaces and 28 public parking spaces.
B - one level
providing 27
However, in their review the Commission made it very clear and
included their intent in Resolution 27, that the desired solution
is a much larger garage preferably connected to the Superblock.
The Commission would still like the opportunity to explore as much
parking as possible in this general vicinity of downtown.
Despite their strong preference toward more parking, the commission
did not select a larger garage because there is verv little
information available in order to analyze a larger garage and it's
impacts to the neighborhood and traffic/circulation patterns in the
area. In addition, the garage that was designed for the applicant
would most likely be modified if a larger garage were to be
considered. For example, the proposed garage in the application
uses only one ramp for entrance/exit and it is a narrow one car
ramp. A larger garage may require a second exit or entrance and
an occupied booth verses an automatic booth.
staff recommends that Council support. the approval for the 55 car
parking garage at this time which provides 28 public parking
spaces, If the Superblock proposal is dismissed then Council and
the commission may want to reconsider a larger garage under the
Kraut property, But in order to do so staff recommends a restudy
of the garage design and operation, and a traffic/circulation
analysis. In addition a larger garage would require a substantial
amendment to the conditional use approval the Commission granted
for the 55 car garage.
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II, streetscape - Two alternative streets capes have been
proposed. Alternative A is based upon changing the angle parking
to parallel parking along Hyman Avenue, 15-16 parking spaces will
_ be reduced to 8 spaces. This will allow the curb to be pulled out
into the street giving a greater distance between the curb line and
building line. The additional space will create a more pedestrian
friendly streetscape, a greater area for tree planting and a
greater distance between the building and street. The applicant
would like to extend the curb out 9 feet but the Engineering
Department recommends an extension of 5 feet. The remaining 4 feet
could be used on the opposite side of the street.
In addition, the preferred parking garage proposal is to extend the
garage underneath Hyman Avenue. This will enable a more efficient
layout of the garage. The total number of spaces on one level will
be 55 spaces. It is proposed that the extra spaces will be leased
to offset the parking spaces that are being lost with the
development of this property. If the garage is extended underneath
Hyman Avenue, the extended curb is a better roof over the garage
preventing awkward settling of the street over the garage.
streetscape B would install curb gutter and sidewalk without
extending the curb. However, there will be little room for street
planting and the buffer between the street and building is reduced.
Both the Engineering, streets and Parks Departments prefer
alternative A. Please see referral comments.
However, the Planning and Zoning commission recommends streetscape
B. The commission believes strongly that the angle parking should
be preserved for public use. Development of the Kraut property
will eliminate approximately 50 surface parking spaces on the
property. The proposed garage, as approved by the Commission, will
only replace 27 of the lost parking. To combine this reduction in
parking with streetscape A, which will further reduce on-street
parking, will exacerbate a crowded situation at this corner. The
, Commission strongly urges the Council to consider additional public
parking in the Kraut property garage. However, until additional
traffic and circulation studies are performed for this area, the
commission recognizes that approval of the 55 parking spaces in
this garage 'is appropriate given the lack of planning for a larger
garage,
III. Access off of East Hyman - The applicants propose to
access the parking garage off of East Hyman at about mid-block.
The Commission and staff support this access for this size of
garage. However, adjacent neighborhoods have expressed dismay
about the location of the access. curtis's memo, exhibit F, lists
the several reasons for the location of the access,
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RECOMMENDATION: The Planning and Zoning commission recommends to
Council approval of subdivision and GMQS Exemption for the
development of 27 fully deed restricted dwelling units consisting
of 13 studio units totaling 3,900 square feet and 14 one-bedroom
units totaling 5,600 square feet of which nine studios and four
one-bedroom units shall be category 2 and four studios and ten one-
bedroom units shall be category 3 with the following conditions:
1. Sidewalks, curb and gutters shall
developer, language to this effect shall
subdivision agreement and shall be indicated
be installed
be included
on the final
by the
in the
plat.
2. streets cape alternative B shall be implemented by the
developer.
3. Prior to the issuance of any building permits, the applicant
shall submit detailed sanitation plans to the Aspen Consolidated
Sanitation District for a sewer tap permit.
4. Prior to the i.ssuance of any building permits, electrical load
information shall be submitted to the City electric department in
order to determine what phase power is needed and whether a major
system improvement is necessary.
5. The applicant shall be responsible for any utility relocation
costs language to this effect shall be included in the subdivision
agreement.
6. A transformer easement shall be provided, the size and location
of which will be determined by the Electric Department when load
information is made available. other easements shall provided as
necessary for other utilities. All easements shall be depicted on
the final plat.
7. Automatic fire sprinkler and alarm systems shall be required
for this project.
8,. Prior to the issuance of any building permits, a drainage
plan, meeting the requirements of section 24-7-1004,C.4.f of the
Code shall be submitted by an engineer registered in the State of
Colorado and submitted to the Engineering Department. A final
review of the drainage plan shall be tione by the Engineering and
streets Departments.
9. No storm runoff from soils exposed by excavation and
construction shall be permitted to enter City streets or alleys.
10. The applicant shall install a street light on the corner of
the alley on Original street. The applicants shall work with the
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City to determine location and design of lighting which shall be
indicated on the final plat.
11, An encroachment license shall be required for the underground
parking garage to encroach under Hyman Avenue.
12. Work in the alleys and streets of the Commercial Core and Main
street Corridor is prohibited between June 15 through Labor Day.
This would include Highway 82 but not East Hyman or the alleyway.
13. Prior to any work in the alley and public right-of-way a
permit from the streets Department shall be required and reviewed
by the Engineering Department.
14. During the time of construction the project shall be
surrounded on two sides (i.e. E. Hyman and Original st.) with a
covered pedestrian walkway. The alley may be closed to all traffic
including pedestrian (except construction related activity and
service and utility traffic) as needed for construction,
15. Prior to the issuance of any building permits, the roof shall
be designed in such a manner as to prevent snow from shedding onto
the public sidewalk,
16. Prior to the issuance of any permits the applicant shall
record a subdivision plat and agreement in accordance with section
24-7-1004.C and D of the municipal code. The plat and agreement
shall be reviewed and approved by the Engineering and Planning
Departments and the Attorney's office.
17. Prior to approving the subdivision agreement and plat, a
detailed landscape plan for the entire proJect and the streetscape
shall be submitted to the Parks Department for review. The
standard guidelines for designing in the ROW should be followed.
18. The approved subdivision plat and agreement shall be recorded
with the pitkin County Clerk and Recorders office within 180 days
of subdivision approval or the approval may be void.
19. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
20. Yard and open space shall consist of 41% or approximately
6,095 square feet of the property,
21. Twenty-seven resident parking spaces shall be provided in a
below grade garage.
22, The height of the building shall not exceed 30 feet as defined
in Section 24-3-101 of Aspen Municipal Code.
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The Planning and Zoning Commission also recommends to the Aspen
City Council approval of an amendment to Chapter 24 of the Aspen
Municipal Code to allow pUblic parking as a conditional use in the
Affordable Housing zone district. The text amendment is proposed
as follows:
Section .5-206,2, Affordable Housing (AH)
C. Conditional uses. The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7, Division 3.
1. Open use recreation site;
2. Day care center;
3. Satellite dish antennae;-afld
4. Dormitory; and
5, PUblic surface and underground parking areas.
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PROPOSED MOTION:
"I move to read ordina~ce ~5; Series of 1993."
"I move to adopt Ordinance ro:;: Series of 1993 on first reading for
the sUbdivision, GMQS Exemption and vested rights for the Kraut
property affordable housing development as recommended by the
Planning and Zoning commission."
"I move to read Ordinance 0'fir Series of 1993."
"I move to adopt ordinance~B Series of 1993 on first reading for
the text amendment to the-Affordable Housing zone district as
recommended by the Planning and Zoning Commission."
CITY MANAGER'S COMMENTS:
Ordinance "'5, Series of 1993
Ordinance~J3, Series of 1993
EXHIBITS:
A. Commission Resolution 93-27
B, Table 1 - AH Dimensional Requirements
C. SUbdivision Review Criteria
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EXHIBIT G
MEMORANDUM
T.o: Aspen City C.ouncil
Thru:
Leslie Lam.ont
T.om Baker
Planning Office
H.ousing Office
From:
Jim Curtis
Kraut C.onsulting Team
Date: December 8, 1993
Re: Kraut Aff.ordable H.ousing Pr.oject
C.onceptual Devel.opment Issues F.or 1st Reading Discussi.on By C.ouncil
INTRODUCTION
The Kraut Aff.ordable H.ousing pr.oject is scheduled bef.ore C.ouncil f.or 1st
Reading .on December 13 and 2nd Reading .on January 10, 1994. T.o keep the pr.oject
.on schedule, i.e. start c.onstructi.on drawings in early January and c.onstructi.on in early
June, the C.onsulting Team w.ould like C.ouncil t.o give it directi.on .on the f.oll.owing 3
issues at the December 13 meeting:
A. H.ow much parking?
B. C.onversi.on.of East Hyman Avenue .on-street parking fr.om angled t.o parallel
parking.
C. Access t.o parking garage .off East Hyman Avenue.
At the January 10 meeting, the C.onsulting Team w.ould like directi.on .on the
f.oll.owing 2 issues:
1. Sh.ould the c.onstructi.on .of the pr.oject be phased t.o acc.omm.odate a
temp.orary City Market per the Superbl.ock pr.op.osal?
2. Sh.ould the units be .ownership .or rental?
Pri.or t.o the January 10 meeting, the C.onsulting Team will prepare a mem.o and
pr.o f.ormas addressing the ab.ove 2 issues.
T.o update all parties, the Kraut Pr.operty was purchased in 1991 using
H.ousinglDay Care ,funds. The pr.operty is the vacant l.ot s.outh .of the Aspen Athletic
Club and currently parks appr.oximately 50 cars. The property is 15,000 sq. ft. and
z.oned AH (Aff.ordable H.ousing)., The c.onceptual plan is a t.otal .of 27 units with 13
studi.os and 14 l-bedr.o.om units with undergr.ound parking. Additi.onal parking bey.ond
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MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Leslie Lamont, Senior Planner
DATE:
November 16, 1993
~E:
Kraut property Affordable Housing SUbdivision, Special
Review, Text Amendment, conditional Use and GMQS
Exemption for Affordable Housing
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SUMMARY: The Aspen/Pitkin County Housing Authority is proposing
a 27 unit affordable housing development on the Kraut property,
The parcel rezoned from Office to Affordable Housing (AH) in 1992.
MUlti-family development requires subdivision review. The AH zone
district requires special review for parking, open space and
height, The applicants also request a text amendment to allow
public parking in the AH zone district. However, staff is
recommending conditional use review for pUblic parking in' the AH
zone district,
The Commission must al'so review the GMQS Exemption for the
development of affordable housing,
Please review the attached application., exhibit A.
APPLICANT: Aspen/Pitkin County Housing Authority (APCHA) as
represented by Jim curtis and Harry Teague
LOCATION: Southwest corner of East Hyman Avenue and South original
Street, Block 105, Lots E, F, G, H, & I.
ZONING: AH, Affordable Housing
APPLICANT' S REQUEST: Subdi vision, special Review for parking, open
space, and height, a Text Amendment for the AH zone district, GMQS
Exemption for a multi':'family affordable housing development, and
Conditional Use review for public parking in the AH zone district.
REFERRAL COMMENTS: Please see attached referral comments which
pertain to the application, exhibit B.
PROCESS: Subdivision is a two step review process. TheCommission
will review and make a recommendation to Council. Special Review
for open space, parking and height is a one step review process by
the commission. The GMQS Exemption for affordable housing is an
approval by Council but the Commission must make a recommendation
to Council.
The text amendment for public parking in the AH zone district is
another two step review. The Commission shall review and make a
recommendation to council. If the Commission recommends approval
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of the text amendment, the commission should then review the
conditional use for public parking proposed on the Kraut property.
This is a one step review by the commission. If the Commission
recommends denial of the text amendment, conditional use review is
unnecessary.
STAFF COMMENTS:
I, Background - Together, the city of Aspen, pitkin county
and the Housing Authority have pursued a comprehensive plan to
address the community t s housing problems. The housing plan is
threefold it: seeks to preserve the existing affordable housing
stock, requires developers to mitigate a "fair share" of their
affordable housing impacts and produces new affordable housing to
reduce/eliminate the current affordable housing shortfall.
AS part of this comprehensive approach, the City council adopted
Ordinance 59 establiShing an Affordable Housing Zone District (AH).
The AH zone enables the rezoning of land for the purposes of
affordable housing~
The purchase, rezoning and proposed development of the Kraut
property is a step toward the provision of affordable housing
within close proximity to employment opportunities and neighborhood
services for those citizens in need of housing.
In addition to the site being selected for housing, the 1987
Transportation Element of the Aspen Area Comprehensive Plan
identified this site as one of three centrally located underground
parking garages. The Rio Grande parcel and Wagner Park were the
other two sites. The report identifies this site as a likely
candidate because th.e site takes advantage of existing traffic
patterns of Main/original and Highway 82. This location could help
reduce the traffic circulation around the pedestrian mall, Rubey
Park and Durant Avenue. It's proximity to the commercial core and
the gondola make it ideal for both a winter and summer intercept
lot.
After the rezoning of the Kraut property, the commission directed
staff to study the possibility of public parking below the Kraut
and the ability to pursue the Superblock concept.
Staff, together with the Superblock private property owners,
studied the feasibility of building one multi-level garage under
the Kraut property or combining that garage with a larger garage
underneath city Market/Bell Mt./Buckhorn Lodge properties. Staff
and the property owners came to several conclusions:
1. timing of redevelopment and relocation of utilities
prevented further consideration of one garage connecting all
properties; and
2
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is the coates, Reid and Waldron office building. West of that
building are the 700 East Hyman Townhomes that consist of three
duplexes for a total of six dwelling units. To the east, across
original, are single and mUlti-family residences.
The parcel is accessible by paved public streets, East Hyman Avenue
and Original street, and by a dirt alley between Hyman and Cooper
Avenues. The public streets have curb and gutter. There are no
paved sidewalks, only gravel paths. utility lines are proximate
and contained underground within the public rights-of-way.
11,1. Project Description - The proposed project consists of
27 dwelling units: 13 studios and 14 one-bedrooms, Nine ,of the
studios will be category 2 and four studios will be category 3.
Four one-bedroom units will be category 2 and 10 one-bedrooms will
be category 3. Council has not yet determined whether the units
will be for sale or rental.
As outlined in the application the design of the
incorporates a variety of elements to lend an individual
the units verses a standard apartment building:
building
touch ,to
1, Each unit has a private entrance. There are no double
loaded corridors.
2. Each unit has a small private space either a small patio
or yard space. .
3. The proj ect is buH t around a south facing central
courtyard. Each unit has natural lig'ht and sun exposure.
4. Many of the units have three or four exposed exterior
walls, and all units have at least two exposed walls.
5. The first level units have higher ceilings of 9 feet.
6. The building has b~en sunk an average of 3.6 feet to allow
the first level units to have higher ceiling heights, to
create. small .private entrances, and to reduce the height.
7. Only six of the 27 units are on the third floor thus
creating a varied roof line.
8. The corners of most of the units have been angled to have
a bay window character.
9. The units have individual locked storage closets of a
minimum of 25 square feet in the garage plus as much in-unit
storage space as possible.
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10. The units will be plumbed for individual washers and
dryers for sales units, as well as common laundry room in the
garage if the units are rental.
Preliminarily, the exterior material is proposed to be horizontal
and vertical siding with colored metal roofs. The exterior colors
are proposed to be buff and green, Final colors and exterior
materials will be decided at final project approvals before
Council.
Two alternative streetscapes have been proposed, Alternative A is
based upon changing the angle parking to parallel parking along
Hyman Avenue, 15-16 parking spaces will be reduced to 8 spaces.
This will allow the curb to be pulled out into the street giving
a greater distance between the curb line and building line. The
additional space will create a more pedestrian friendly
streetscape, a greater area for tree planting and a greater
distance between the, building and street. The applicant would like
to extend the curb out 9 feet but the Engineering Department
recommends an extension of 5 feet. The remaining 4 feet could be
used on the opposite side of the street. '
In addition, the preferred parking garage proposal is to extend the
garage underneath Hyman Avenue. This will enable a more efficient
layout of the garage. The total number of spaces on one level will
be 56 spaces. It is proposed that the extra spaces will be leased
to offset the parking spaces that - are being lost with the
development of this property. If the garage is extended underneath
Hyman Avenue, the extended curb is a better roof over the garage
preventing awkward settling of the street over the garage.
Streetscape B' would install curb gutter and sidewalk without
extending the curb. However, there will be little room for street
planting and the buffer between the street and building is reduced.
Both the Engineering, streets and Parks Departments prefer
alternative A. Please see referral comments.
Please see Table 1, exhibit ~ for AH zone district dimensional
requirements compared to the proposed project,
-===============================-
APPLICABLE REVIEW CRITERIA
I, Subdivision In order to develop mUlti-family housing
on a single parcel a development plan must be reviewed pursuant to
subdivision section 24-7-1004.
Section 7-1004 C.l. outlines the General Requirements for
subdivision as follows:
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1. (a)
The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The proposal is a mUlti-family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Community Plan which specifically identified this site for
affordable housing because of it's close proximity to jobs and
commerical centers.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood which is a mixture of office/commerical uses. The
surrounding residential land uses are mixed duplex/single family
and high density multi-family. The Kraut development will serve
as a transition between the commercial downtown to the west and
the R/MF zone district to the east.
(c) The proposed 'subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi-family is located in an area that has
been redeveloped, in the case of the six townhomes across the
street, and is undergoing extensive review for redevelopment such
as the Superblock. If council wants to pursue a larger garage, the
A-frame property next door has been considered as an extension of
the underground parking.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district requirements. The proposal
is not in conflict with any other sections of the Land Use Code.
Pursuant to section 7-1004 C, 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mUdflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: No natural hazards exist on the site.
this vacant property will have no adverse effects
property, The property is virtually flat. There
Development of
on surrounding
are no natural
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hazards that exist on the site that would endanger the welfare of
future residents. However, the applicant shall vlOrk with the
Engineering Department to ensure that historic drainage patterns
are maintained. '
(b) Spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
RESPONSE: All utilities are available near the site. Improvements
to the sidewalks, curb and gutters will be installed by the
developer.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) WATER - According 'to the application the City water
system has sufficient capacity to accommodate the project for
both domestic and fire protection needs. Only an extension
of existing water services is required.
(b) SEWER The Aspen Consolidated sanitation District
currently has sufficient collection and treatment capacity to
serve the project. Impact fees will be added to total
connection charges for the project if downstream constraints
exist and are mitigated, The applicant shall submit detailed
plans to the District office for a tap permit.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - Load
information shall be submitted to the City electric
department. until that information is made available the
electric department cannot determine what phase power is
needed and whether a major system improvement is necessary.
The project will be served the existing utility lines in the
alley south of the project. The applicant shall be
responsible for any utility relocation costs.
(d) EASEMENTS - A transformer easement is necessary, the size
will be determined when load information is made available.
Other easements shall provided as necessary for other
utilities. All easements will be depicted on the final plat.
(e) SIDEWALK, CURB, AND GUTTER section 19-98 of the
Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding.
The applicant has committed to install sidewalks, curbs and
gutters along original and Hyman streets. The Engineering
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Department is willing to change the angle parking to parallel
parking along Hyman Avenue in order to relocate the curb and
gutter. Relocation of the curb, along Hyman Avenue, shall be
17,5 feet from the private property line. The applicant shall
also realign the rest of the curb and gutter along that block
of Hyman Avenue to offset the change in front of the Kraut
property.
(f) FIRE PROTECTION - Automatic sprinkler and alarm systems
will be required for this project. There is ample water to
supply the sprinkler.
(g) DRAINAGE - A drainage plan, meeting the requirements of
Section 24-7-1004.C,4.f of the Code must be provided by an
engineer registered in the State of Colorado and submitted to
the Engineering Department. If drywells are not appropriate
detention structures with time release design features may
suffice. A final review of the drainage plan shall be done
by the Engineering and Streets Departments.
No storm rllnofffrom soils exposed by excavation shall be
permitted to enter city streets or alleys.
(h) STREET LIGHTS -The applicant shall install a street
light on the corner of the alley on Original Street. The
applicants shall work with the City to determine location and
design of lighting. .
(i) STREETS - An encroachment license is required for the
underground parking garage to encroach under Hyman Avenue.
Work in the alleys and streets of the Commercial Core and Main
Street Corridor is prohibited between June 15 through Labor
Day. This would include Highway 82. Therefore construction
in the original Street right-of-way must be accomplished
outside of those dates,
All work in the alley and pUblic right-of-way shall require
a permit from the streets department.
During the time of construction the
surrounded on three sides with a covered
The alley shall be closed to all traffic
related activity.
project shall be
pedestrian walkway.
except construction
(j) SNOW SHED - The roof shall be designed in such a manner
as to prevent snow from shedding onto the public sidewalk.
(k) FINAL PLAT - Prior to the issuance of any permits, the
applicant must submit a subdivision plat in accordance with
Section 24-7-1004. C and D of the municipal code. (It is
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recommended that the applicant review bluelines with the
Engineering Department prior to final sUbmission.)
The final subdivision plat and agreement must be filed within
180 days of final approval or subdivision approval is void.
(l) STREET TREES AND LANDSCAPING - Prior to signing the
subdivision agreement and plat, a detailed landscape plan for
the entire project and the streetscape shall be submitted to
the Parks Department for review.
A wider/larger space between the sidewalk and the curb and
gutter allows for greater growth potential for trees and
vegetation. The standard guidelines for designing in the ROW
should be followed. The Parks Department suggests planting
cottonless cottonwoods.
II. Special Review - The Affordable Housing zone district
requires Special Review'for establishing off-street parking, open
space, and height.
a) parking - The development will provide one off-street
parking space per dwelling unit fora total of 27 parking spaces.
The AH zone district limits required parking to a maximum of two
parking spaces per dwelling unit.
.
The parking spaces will be provided in a below grade garage. The
entrance to the garage is located on the northwest corner of the
property. For several reasons, the applicant found the entrance
off of Hyman Avenue to be more practical than off of the alley:
1, The grade of the ramp from the alleyway down into the
garage is too steep, up to 30% grade. Grades cannot exceed
12% for the first 20 feet from the property line.
2. The turning radius into and out of the garage from the
alleyway is much tighter.
3. More neighbors
the Hanna-Dustin
development.
are impacted along the alley, especially
building and potential Superblock
4. Public access off of the street is more convenient,
especially if a larger garage is built.
In addition, the applicant provides plans for a larger garage if
council wants to explore additional parking. The maximum buildout
proposed is 146 cars which includes parking under the A-frame
property,
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Council has indicated that if the Superblock concept is
discontinued, a second look at public parking below the Kraut
property may be desireable. In order to maintain the greatest
amount of planning flexibility, the Commission is being requested
to review a text amendment that would enable public parking in the
AH zone district as a conditional use. Conditional use review is
provided in this memo.
In any event, 27 parking spaces, one space per dwelling unit, will
be provided for the residential development on the Kraut property".
b) Open Space - Approximately 6,095 square feet or 41% of the
site will remain as yard or open space. A central courtyard is the
main open space feature. As stated in the application, the
courtyard permits each unit a single entrance, gives each unit
southern sun exposure, provides a visual break between the
buildings,' and creates a social meeting place for residents. The
lower units have also been designed with small, entrance areas
which are sunk an average Of 2 feet below the sidewalk grade to
create the feel of individual entrances and to give some privacy
from the sidewalks. .
c) Height - AH requires, a building height of 25 feet
increasable to 30 feet by special review. The applicant requests
a height variance up to 30 feet to make the units more liveable and
compatible with surrounding buildings. The maximum height is 29
feet at the northwest corner of the building but the average height
at the third level is 26.9 feet. The first level units will have
9, foot ceiling heights to enable a more open living space. To
minimize the building height and achieve higher ceilings , the
building's are being sunk an average 3.6 feet below grade.
A variation in roof line, only 6 units are on the third floor, will
break up the mass of the building and read as a mix of 2 and 3
level facades.
The Coates, Reid and Waldron office building is three stories with
an approximate height of 34 feet. The Hanna-Dustin building is
three stories with an approximate height of 36.5 feet. The six
townhomes across the street are three stories averaging 25 feet and
the Superblock proposal is for three stories with heights proposed
up to 35 feet.
IV, GMQS Exemption - Pursuant to Section 24-8-104, before
any proposed development can be considered for exemption by the
City Council, an application for exemption shall be forwarded to
the Planning and Zoning commission for review and recommendation
at a hearing.
The review criteria for an exemption includes the city's need for
affordable housing, the development's compliance with the adopted
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housing plan, the number, type and location of the proposed units,
and the proposed price categories.
The project is designed to provide entry level studio and one
bedroom apartments. Council has not determined whether the units
would be sale or rental units, however the units will be a mix of
category 2 and 3. The applicant will file a condominium plat if
the units are to be sold.
The AACP identified this site as a potential affordable housing
parcel. The 1993 Housing Guidelines identified a preference for
entry level studio and one-bedroom units. Also, the demand for
these types of units was very evident during the sale of the West
Hopkins affordable housing units.
V, Text Amendment - In order to accommodate public parking
in the proposed parking garage, a text amendment to the AH zone
district is proposed. The applicant proposes public parking as a
"permitted use" in,the AH zone district subject to special review.
Staff recommends that public parking become a conditional use in
the AH zone district. The AHzone district may be applied to any
parcel of land throughout the City, however public parking may not
be appropriate in particular' neighborhoods. An affordable housing
proposal should not be jeopardized because public parking is
inappropriate for a certain site. If a property is rezoned to AH
permitted. uses could occur with litt~e or no review. Although
special review is suggested., special review could not completely
deny a permitted use within the zone district.
Therefore, the following text amendment criteria are reviewed based
upon public parking as a conditional use in the AH zone district.
A conditional use review for public parking below the Kraut
property follows this text amendment review.
Pursuant to Section 7-1102 the following standards of review apply
for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is not in conflict with any
portions of this chapter,
Because the proposed amendment recommends conditional use review,
staff, the Commission and the public will have the ability to
,thoroughly review' the appropriateness of public parking on a
specific location.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan,
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RESPONSE: Although the AACP recommends a more restrictive approach
to the provision of parking, this amendment enables site specific
review for public parking. with this amendment, an AHdevelopment
will be able to offset above grade spaces that could be lost due
to the developm~nt of affordable housing - i.e. the Kraut property.
Currently, about 50 leased parking spaces are located on the Kraut
property. These spaces, in addition to changing the Hyman Avenue
parking from angle to parallel, approximate 57 to 58 spaces lost.
The ability to provide more parking than is required for residents
will replace those spaces lost. Council has unanimously supported
new underground public parking when it is combined with the
reduction of above grade parking as long as there is no net
increase in available parking downtown.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land us,es, considering existing
land use and neighborhood characteristics.
RESPONSE: In a particular zone district and under the
circumstances that above ground parking may have been lost due to
development for affordable housing, public parking may be
compatible with surrounding zone districts. Requiring conditional
use review will ensure that public parking is not proposed in a
district where it would be incompatible with surrounding land uses
or surrounding zone districts.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE:
proposals
safety.
The conditional use review for site specific parking
will avoid detrimental effects on traffic and road
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: The Rio Grande parking garage was considered a GMQS
Exemption for essential public facility. Although exempted from
growth management competition, mitigation was still assessed, Any
impacts to public facilities will be mitigated as a matter of
development review.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: Potential environmental impacts would be assessed on a
site by site basis when a conditional use review application is
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reviewed, The Clean Air Advisory Board (CAAB) has passed a
Resolution opposing the net addition of new spaces. However, if
a public parking proposal replaced on-street parking and spaces
lost due to development this amendment is not inconsistent with the
CAAB Resolution.
g. Whether the proposed amendment is consistent and
compatible with the community character in the city of Aspen.
RESPONSE: Several locations have been identified for public
parking as a component to the various transportation plans over the
years, This amendment enables a two-prong approach to solving two
important issues within our community: affordable housing and
transportation.
h, Whether there have been changed conditions affecting the
SUbject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: To develop aff6rdable housing without parking is not
acceptable, Affordable housing has been targeted for a,ll
neighborhoods of the City. In the downtown, developers have little
choice but to provide parking below grade. In a situation when
additional space is ava~lable and/or above grade parking spaces
have been lost, a parking garage should, be able to provide public
parking if there is no net increase in spaces.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter,
RESPONSE: As/'long as site specific review is available and staff
can determine that no net increase in parking is being provided,
this amendment is consistent with established public policy.
VI, Conditional Use Review - The above text amendment
proposes conditional use review for pUblic parking in the AH zone
district. Although council will not pursue a full (146) parking
garage under the Kraut property unless the superblock proposal is
denied, a preliminary review of public parking is necessary to
provide maximum planning flexibility. Staff recommends a review
of the conditional use with the condition that this review will be
amended if the final garage proposal is greater than 56 spaces.
For this conditional use revie~staff has considered a 56 space
garage: 27 resident spaces and 9 public parking spaces that will
be leased or condominiumized fo rivate use. If a larger garage
is considered a substantial amendment to this review shall be
required.
Pursuant to section 24-7-304 the criteria for a conditional use
review are as follows:
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A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
RESPONSE: The recommendations of the AACP are to reduce
traditional use of the automobile. The AACP also recommends the
reduction of on-street spaces in the downtown commercial area for
pedestrian enhancements, Council is considering the Superblock
proposal which includes three levels of underground parking. The
first level will be required parking for the above grade commerical
uses. The second level will be public parking and the third level
will be leased parking. Council has been adamant that the
Superblock proposal should only occur if in tandem with the
reduction of on-street parking in the downtown core and there is
no net increase in the number of parking spaces provided downtown.
Simultaneously, it has been a policy of the review boards that
development of affordable housing must provide parking for the
residents. Therefore the development of the Kraut property will
provide parking and the only available location is below grade.
Development will eliminate approximately 57 existing parking
spaces. It is the purpose of this review to enable the expansion
of the below grade garage for additional parking above what is
required for the housing development.
-
The maximum number of spaces proposed is 146. Although that will
depend upon the fate of the Superblock redevelopment. A more
likely scenario for this review is a one level garage that extends
underneath Hyman Avenue. This creates a more efficient layout for
the garage and will ad~more parking spaces to the first level.
preliminary calculations indicate that the extra spaces may be
leased or condominiumized and the revenues will significantly
offset the costs of building the parking. The garage will be
operated automatically and will not require an occupied booth.
,
B. 'The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development; and
RESPONSE: parking and congestion are very problematic at this
corner. The ability to relocate some of the parking lost to the
development of the property would help alleviate the lack of
parking in this area.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
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circulation, parking, trash, service delivery,
vibrations and odor on surrounding properties; and
noise,
RESPONSE: The minor extension underneath Hyman Avenue would have
minimal impact to the neighborhood. During construction Hyman
Avenue will remain open. Parking along the curb will be replaced.
The extra parking spaces will be leased or sold an~ not ~perated
on a short-term basis. There will be a gated entrance operated by
an electronic card instead of an occupied booth.
The entrance to the. garage is located on the northwest corner of
the property. As stated in a previous section of this memo, the
applicant found the entrance off of Hyman Avenue to be more
practical than off of the alley for several reasons:
1. The grade of the ramp from the alleyway down into the
garage is too steep, up to 30% grade. Grades cannot exceed
12% for the first 20 from the property line.
2. The turning r:adius into and out of the garage from the
alleyway is much tighter.
3. More neighbors
the Hanna-Dustin
development.
are impacted along the alley, especially
building and potential Superblock
4. Public access off of the.street is more convenient
especially if the garage is built larger. Access off of the
alley would be problematic for a larger garage due to exiting
off of or onto Highway 82.
Clearly, if a 146 car parking garage is proposed I.\nderneath the
Kraut. property, traffic and circulation pattern studies must be
initiated. Staff recommends that if the final garage proposal
exceeds one level of parking and 56 spaces that this conditional
use be amended and. reviewed again by the Commission.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools; and
RESPONSE: The location of the garage is just off of original
Street. This site was recommended for public parking in the 1987
Transportation Plan and again in the AACP because of it's direct
access off of Original/Highway 82 and the existing infrastructure
that could support such a use.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
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RESPONSE: The garage will be operated by a electronic card system.
No additional employees will be.necessary to operate the garage.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: This proposal is not a net increase in the parking
available downtown. It will replace existing parking that is lost
to development of the property, provide one space per dwelling unit
for the proposed development and if the superblock is not pursued
will augment spaces that are eliminated in the commericalcore for
pedestrian improvements and commuter parking eliminated in the
neighborhoods. Therefore, this proposal is consistent with the
CAAB Resolution.
RECOMMENDATION:
A. subdivision - Staff recommends approval of the subdivisi.on
proposal for 27 fully deed restricted dwelling units with the
following conditions:
1. Prior to the issuance of any building permits, the applicant
shall work with the Engineering Department to ensure that historic
drainage patterns are maintained.
.
2. Sidewalks, curb and guuters shall be installed by. the
developer, language to this effect shall be included in the
subdivision agreement and shall be indicated on the final plat.
@ streetsc e alternative ~ shall be implemented by the cz:~'
developer. ReI ca i<?n of the cl.\rb, .along Hyman A;venue,shall be .~
17.5 feet from th rJ.vate property IJ.ne. The applJ.cant shall also ~.~
realign the rest o the curb and gutter along that block of Hyman u'f-/
Avenue to offse th change in front of the Kraut property. ~ ~
4. Prior to the issuance of any building permits, the applicant ~
shall submit detailed sanitation plans to the ACSD office for a tap ~
permit.
5. Prior to the issuance of any building permits, electrical load
information shall be submitted to the city electric department in
order to determine what phase power is needed and whether a major
system improvement is necessary-
6. The applicant shall be responsible for any utility relocation
costs language to this effect shall be inCluded in the sUbdivision
agreement.
7. A transformer easement shall be provided, the size and location
will be determined when load information is made available. other
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19. The approved subdivision plat and agreement shall be recorded
with the pitkin county Clerk and Recorders office within 180 days
of sUbdivision approval or the approval is void.
20. All representations made in the application and by the
applicant at public hearings shall be followed.
B. Special Review - staff recommends approval of the special
review for open space, parking and height with the following
conditions:
1. Yard and open space shall consist of 41% or approximately 6,095
square feet of the property.
2. 27 resident parking spaces shall be provided in a below grade
garage.
3. The height of the building shall not exceed 30 feet.
4. All representations made in the application and by the
applicant at public hearings shall be followed.
c. GMQS Exell\ption.- staff recommends GMQS Exemption for the
development of 27 fully deed restricted dwelling units on the Kraut
property consisting of 13 studio units totaling 3,900 square feet
and 14 one-bedroom units totaling 5,600 square feet. Nine studios
and four one-bedroom units shall be category 2 and fou~ studios and
10 one-bedroom units.shall be category 3.
All representations made in the application and by the applicant
at public hearings shall be followed.
D. Text Amendment staff recOmmends approval of the text
amendment to allow public parking as a conditional use in the
Affordable Housing zone district. The text amendment is proposed
as follows: .
section 5-206.2. Affordable Housing (AH)
C. Conditional uses. The following uses are permitted as
conditional uses int he Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7, Division 3.
1. open use recreation site;
2. Day care center;
3. satellite dish antennae;~
4. Dormitory; and
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5. public surface and underground parking areas.
~
E. conditional use - Staff recommends conditional use approval for
~ below grade public parking spaces on the Kraut property with the
following condition:
1. If a final garage proposal exceeds 56 spaces a substantial
amendment to this conditional use shall be reviewed by the
Commission. ~ .
RECOMMENDED MOTION: "I move to recommend to. council ~u~dbvision
and GMQS Exemption pproval for the 27 fully deed restricted
dwelling units to be developed on the Kraut property with the
conditions of approval for subdivision and. GMQS Exemption as
outlined in Planning memo dated November 16, 1993~ Sl_Oo ~V
"I move to approve Special Review for open space, parking and
~f\~Q~height for the Kr.a.ut housing development with the con~i:~~~~~~~
Tl _O~@~~~me1c:;~\t~N~~~ ~v~' I;
"I move to recommen~o council approval of the text amen~ent
allowing public parking as a conditional, u~n thel I'H zone
district." ('~~ ~ 4
"I move to approve the for ublic arkin spaces ~
to be located in the Kraut develop nt ping garage wJ.th t e ,
condition of pproval as outlined i ~lann ng memo dated November ~ .
16, 1993."
EXHIBITS:
A. Application ~
B. Referral Comments
c. Table 1 - Dime~sional Requirements 6
D. public Notice Affid.avit
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CERTIFICATE OF POSTING PUBLIC NOTICE SIGNS
KRAUT PROPERTY SUBDIVISION APPLICATION
!, lames L. Curtis, do hereby eertity that two Public Notice
Signs, as photographed below, were posted on the Kraut
Property on Friday, November 5, 1993.
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CERTIFICATE OF MAILING
KRAUT PROPERTY SUBDIVISION APPLICATION
I, James L. Curtis, do hereby certify that a copy of the
attached Kraut Property Public Notice was mailed to the
attached list of property owners on Friday, October 29, 1993.
~~.
James L. Curtis
Project Manager
Kraut Property Consulting Team
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MEKOlU\HJ)UK
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Leslie Lamont, Planning Office
FROM:
cindy Christensen, Housing Office
DATB:
October 28, 1993
RB: KRAUT PROPERTY SUBDIVISION, SPECIAL REVIEW, GMQS
EXEMPTION, CONDOMINIUMIZATION, VESTED RIGHTS AND TEXT
AMENDMENT
Parcel ID No. 2737-182-27-002
:This specific project is being developed with the cooperation of
the Aspen/Pitkin County Housing Office and has already been
approved by the Housing Board.
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer C'12-
Date: October 26, 1993
Re: Kraut Property Subdivision, Special Review, GMQS Exemption,
Condominiumization, Vested Rights, and Text Amendment
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Drainage
a. During construction, measures shall be taken as needed to ensure that no storm
runoff from soils exposed by excavation be permitted to enter City streets or alleys.
b. Storm runoff for the completed buildings must comply with Section 24-7-
1004.C.4.f of the Municipal Code. If drywells are not appropriate for the site,
another technique that has been employed in the commercial core is detention
structures with time release design features so that runoff is released to City streets
after the 100 year event has occurred.
7 Streetscape - The Engineering Department is willing to approve changing the angle
parking to parallel parking and to approve relocating the curb and gutter. The Planning
and Zoning Commission and the City Council must be aware that this will reduce the on-
street parking from 15 or 16 angle spaces to 8 parallel spaces, as is reported in the
application. However, as is the typical situation, and in order to follow the guidelines of
the Pedestri,ln Walkway and Bikeway System Plan, the relocation of the curb would have
to be to a point 17.5 feet from the private property line. This would allow the applicant
to extend their streetscape five feet (5') further into the street, but not the nine feet (9')
requested. The benefit of the other four feet (4') of streetscape widening would accrue to
property owners on the other side at: Hyman Avenue at some time in the future.
For continuity in the block, the entire length of curb and gutter for the block would
have to be reconstructed to that offset dimension. Note that changing the curb and gutter
alignment and switching to parallel parking would result in that block of Hyman Avenue
functioning the same as the block to the east, which is also parallel parking, but different
from the block to the west, which is angle parking.
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3. Encroachments - An encroachment license will be required for the underground
parking garage. Encroachment licenses are now obtained from the City Engineer and are
no longer subject to review by City Council. I do not anticipate that there would be a
problem with granting the encroachment license.
4. Utilities - The applicant has indicated that transformer easements will be provided as
needed. Easements as needed will also be required for utility pedestals. No new utility
pedestals may be installed in street or alley rights-of-way. As provided for in the
application, the applicant will be responsible for the costs of relocation of any utilities.
5. Snowshed - It appears. that portions of the roof as designed will shed snow onto the
sidewalk. Such a design cannot be permitted. The roof design must be revised as
necessary so that no snow sheds onto the public sidewalk.
6. Parking: - The existing parking lot on the Kraut Property provides spaces for about 50
cars, as stated in the application. The total loss of parking, on-street and off-street, in the
area then. will be about 57 or 58 spaces. Given the parking problems in the area, the
Engineering Department recommends that at least this many spaces be provided in the
project parking garage in addition to the 27 required of the project.
In the context of the transportation plans that have been prepared for the City and
which indicate that this site is an excellent location for a parking structure, the Engineering
Department recommends that Council consider participation in the parking garage to the
greatest extent practicable. .
If only 27 spaces are provided for in the sub-grade garage, the entry and exit on
Hyman should suffice. If the full parking proposal, or some number more than 27 spaces,
is developed, it may be desirable to consider entering from Hyman and exiting into the
alley in order to reduce traffic impacts on Hyman Avenue.
- Please note that the City has received consistent requests during recent years from the
Coates Reid and Waldron (CRW) offices in the Aspen Athletic Club building, which is
across the street from the Kraut Property, for special considerations for loading zones on
Hyman Avenue, and that CRW reportedly leases three spaces of the current off-street
parking. This might be an opportune time for the applicant to obtain the participation
of CR W in the parking garage.
Staff has on occasion discussed the concept of condominiumized parking spaces.
It would appear that at SO!11e point in time, an applicant might ask for a parking space
in return for the cash-in-lieu payment. Discussions of this possibility with the applicant.
which is alluded to in the application by the words "selling parking spaces," brought up
the point that the City's current cash-in-lieu payment is insufficient to pay for an
underground parking garage space as anticipated at the Kraut Property.
7. Street Lights - The Pedestrian Walkway and Bikeway System Plan indicates that there
is a single globe street light at the alley on Original Street/Highway 82. The light is not
there, and it is recommended that the applicant be required to install one.
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8. Construction in Public Right-of-wav - Section 19-54 prohibits work in streets and alleys
in the Commercial Core and Main Street Corridor from June 15 through Labor Day. The
Main Street Corridor is defined as including all of Highway 82 within Aspen from the
Castle Creek Bridge to the Cooper Street Bridge. Therefore all construction in the
Original Street roadway must be accomplished outside of those dates. If the P & Z or
City Council is concerned about possible road closures and impacts, the project
construction should be put off until the following spring so that the contractor can start
excavation as soon after winter as conditions permit so that the streets may be in working
order by the summer tourist season.
Closures of the alley and streets must be coordinated with the Public Works Agency
and Streets Department. Closures must be kept to a minimum. Pedestrian use of the
sidewalk area must be maintained with the use of covered walkways.
The applicant has stated that two way traffic will be maintained on Hyman Avenue.
This may result in loss of parking on the other side, the north side, of Hyman Avenue,
in front of the Aspen Athletic Club. As previously mentioned, there is already a parking
problem for Coates Reid & Waldron. Given the size of the project and the existing uses
in the area, the project construction will result in major inconvenience for the
neighborhood, and again, construction scheduling and techniques must be such that the
time of work in the public right-of~way is minimized.
9. Final Plats - Final plats for the subdivision approvals must comply with Section 24-
7-1004.D as well as subsequent condominiumization platting.
.
10. Miscellaneous
- Note that the parking envelope dispensing machine belongs to the City and
should be returned to the Transportation and Parking Department.
The applicant should offer landscaping timbers, steel pipe and any other
salvageable items to the City Parks and Streets Departments.
11. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
] 2. Given the continuous problems of unapproved work and development in public rights-
of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
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cc:
Bob Gish, Public Works Director
Jim Curtis, Curtis & Associaies, 300 E. Hyman Avenue, Aspen
M93.247
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MEMORANDUM
TO:
Leslie Lamont
uQ/
FROM:
Bill Drueding
RE:
Kraut Affordable Housing
DATE:
October 25, 1993
=================================================================
The units labelled as studios are actually one bedroom units. This
will affect their park dedication fee and lot area.
The project requires a height variance to 30 feet according to the
plans.
The setback on Hyman Street is 6 feet 8 inches based on the corner
lot rule. . The Origina;l. Street setback is 10 feet, as it is an
arterial street.
The trellis on the alley side appears to encroach into the rear
setback.
The stairs in the rear setback must be determined by the Building
Department to be required for fire ac~ss in order to remain.
Park Dedication fees must be paid at time of issuance of any
.,
building permit.
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MESSAGE DISPLAY
TO
LESLIE LAMONT
CC
CHUCK ROTH
From: Bill Earley
Postmark: Oct 22,93 6:41 PM
Subject: KRAUT PROPERTY
-----------------------------------------------------------------------------
Message:
I THINK I MAY NEED A TRANSFORMER EASEMENT FOR THIS PROJECT. I CAN NOT
BE SURE UNTIL I HAVE THE LOADING INFORMATION BUT FROM THE SIZE I AM
GUESSING ONE WILL BE NEEDED. THANKS
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file. (303)925~1001
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flspen 19onsolidated Sonitation CZ);strict:ll: OCT 22 "J"
565 North Mill Street IUl
A~pen, Colorado 81611 L-
FAXI(;jIUJ..Q.U.~
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By Kelly - Chairman
JohnJ.Snyder.Trell.ll.
Louis Popi~h .Secy,
Albert Bi2hop
Frank Loushin
Bruce Matherly, Mgr.
O~tobElr 22,
1993
LaslleL","ont
Pllllnn!ng Off1ce
130 S. G$leml
Allpen, CO 81611
Ra: Kraut property lIubdl~lslon
Dear 1.".11",
The ASpe" Consolidated Sanitation Distriot ourrently hall
eufflcl"nt oollection and tr~at~.nt oapaclty to ."rv" this
project. If downstream con.t.s!nt" exist and need to b" 8Itl(8t..d
thO'.. can b..llevl..t..d through irop"ot 'fle5 "hloh ..ill b"..dded to
th" tatal connectloncharga., for U... project.
The Diatrlot "III n....d to revl.." detailad plans tor this proj"ct
befor. ",a .r. .bl" to ,"valuatw the cumulative t$pacts of thi.
projact and th.. aup.rh lock prQj.."t on our coJ rect Ion ~l'lt"". In
thl ~ area..
101. would Gl"cour"<<,, th" appllca.nt to sub"ft d"tall"d pl,u\s to Our
of tie. one" thll>' arll available so that the total connectlo" tlllll'.
ea.n be .~ti...t.d. A II projects ocnn.ctlng to t.ha 01 str let'..
system mUlt oOlllply wtth the Dlstrlet'lI liul.. a"d R..gulaUons. All
....oei$tlld fees and char(.s must be paid prIor to o"""aetie" of
th. project to our .yste..
Slnellr.ly,
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8ruc. Math.r,y
Di.triet Nan..,...
EPA AWARDS OF EXCELLENCE
1976.1986.1990
REGIONAL AND NATIONAL
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MEMORANDUM
TO:
FROM:
DATE:
RE:
Leslie Lamont, Planning Office
Rebecca Baker, Parks Department
October 21, 1993
Kraut Property Subdivision, Special Review, GMQS Exemption,
Condominiumization, Vested Rights, and Text Amendment
We have reviewed the application for the Kraut Property Affordable
Housing Project. The biggest issue pertaining to the Parks
Department is landscape design in the City right-of-way (ROW) . We
would agree with the applicants preference for Alternative ~ for
streetscape design. The wider/larger space between sidewalk and
curb and gutter allows for greater growth potential for trees and
vegetation. We would request a more detailed landscape plan for
both the ROWand entire project prior to final plat signatures.
(minimum of two week review). Additionally, we would request the
applicant follow the standard streetscape guidelines for designing
the ROW. We encourage the planting of cottonless cottonwoods for
th~ streetscape areas.
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303-920-51
303-920-5198 FAX
SPEN
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TO: LESLIE LAMONT
FROM: BILL EARLEY
DATE: OCT 18, 1993
RE: KRAUT PROPERTY SUBDIVISION, SPECIAL REVIEW, GMQS EXEMPTIONS,
CONDONMINIUMIZATION, VESTED RIGHTS AND TEXT AMENDMENT
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I have reviewed the application and no load information was in the
packet. This is a fairly large load and the applicant should be
aware that only single phase power is available at this location.
If single phase is adequate for the projects needs then the only
improvements that we are looking at is a larger transformer.
However, it will be very expensive to provide three phase power to
this location. A major system improvement will be needed.
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MEMORANDUM
To:
Leslie Lamont, Planning Office
Chris Chiola, Environmental Health DepartmentCfC"
From:
Date:
October 18, 1993
Re:
Kraut Property Subdivision, Special Review, GMQS E x e m p t ion,
Condominiumization, Vested Rights and Text Amendment
Parcel ID #2737-182-27~002
-----------------------------------------------
-----------------------------------------------
The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned
land use submittal under authority of the Pitkin County Code, Title II, and has the
following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200:
The application states that the project is located within the Aspen Consolidated Sanitation
District service area. The project must follow the rules and regulations of the ACSD.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205:
As with the ACSD, the City of Aspen Water District is in close proximity of the project
and will be used.
WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2:
There are no water quality impacts of this project.
AIR QUALITY: Sections 2-17 and 5-106:
There is no comment in the application regarding the use of possible gas log fireplaces
or gas appliances. If any such devices are planned, they must be approved and receive
permits through this Department.
The underground parking garage must have the appropriate ventilation system and filters
that do not allow any automobile emissions to vent to the outside that are potentially
above the State ambient air quality standards. A State permit must be applied for and
obtained for this system. Exhaust venting should be placed away from intake vents on
other buildings and close proximity to human occupancy.
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The parking garage should inClude the required amount of spaces for residents of the
project and not inClude any additional public parking. The addition of public parking
spaces is in conflict with the Aspen area State Implementation Plan for air quality and
in contradiction to city council policy on limited parking. The Clean Air Advisory Board
has passed a resolution opposing the net addition of new spaces. The amount of spaces
should be kept to a minimum to encourage alternate modes of transportation.
Convenient and protected bicyCle storage facilities are also suggested to promote alternate
transportation modes.
... ENV:WP:LAND USE:KRAUT.SUB.REV
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.=.XHIBIT 0
, PUBLIC NOTICE
RE: KRAtrr PROPERTY AFFORDABLE HOUS-
INGPROJECT SUBOMSlON. SPECW;REV1EW.
GMQS EXEMPTION. CONDOt.1INIUMIZATION.
VESTED RIGHTS AND AN AMENDMf.:l\,.ronlE
1'EXT OF THE CITV OF ASPEN LANDUSE'COOE
REGUlAnONS. CHAPTER 24 OF. THE ASPEN
MUNlClPALCODE
, NOTICE 15 HERFBV GIVEN that a pubUc heM.,
log .,vUl 'beheld on Tuesday, November 2. 1993.
at a meetlDgto begin at 4:SO p.n:a. 'before tbe
AspenPlannlng and ZoflIq,gCommbslon. 2nd
Floor ~t1ngRooin. Clty~l, 1305. Galena.
AsPen,' CO, tocons1der anappneauon:aUbmlt-
ted'bytbe AspenjPitktn County Housl.ngOffke.
593 E. Main St., Aspen. CO. requesting subdtvi-
sloft'approva11or 13 studloand14one-bed-
roomaftordable houslng untts;' Spedli.1 ~w
-for bulldlnghelgbt, open c&paeeancLparldng;
GMQSExemptlon for deed ':restricted unl1:;:
CondOlril.nlumlzatlon: VestedRlgbtS: and an
amendment totheCUy of Aspen Munlc1p;J1
Code Sedion24-S-206.2.tbe Affordable'Housing
(AH)zone dlstrk:t.to pendt municipal parking
as a permitted use. The Krautproperty1s,1oca1~
eel on theaouthwest comer oI,Eaat tiyman,Ave.
andOrlginalSt.;l.ots Eo F, G,'iand'I.;Bloclc 10S.
CIty and ,Townslte,of Aspen. For 'further furor--
matlon.contact Leslte,..Lamont at the
Aspep/PltklnPlannlng OUke; 130 S;CiRlel1<l.
Aspen. 00;920-5101 . '- .
IIfBniCe Kerr. Chlllr
AspenPlannlng and Zonlrig.:con.mbslon
Published In the Aspen TImeaOdOber IS,
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To:
LESLIE LAMONT
JACK REID ~
From:
Date:
October IS, 1993
Subject:
Kraut Property Affordable Housing Project
---------------------------------~------
----------------------------------------
Having reviewed the above referenced application, the Street Department has the following
comments:
SAFETY AND PUBLIC CONVENIENCE - During the time of construction, it would be
. appropriate to sUlTound the project, on the, three sides which border a street, with covered
pedestrian walkway. The alley in block 105 should be closed to all but construction related
activity.
STREETSCAPE . The project lies in an area from which snow is removed, rather than plowed
to the sides of the street. This process involves running the plow along the edge of the curb.
There is great potential for damaging any trees which may reach over (or even to) the curb. We
strongly suggest Streetscape A be selected.
SITE DRAINAGE - This is always a critical subject for us, because of the inadequacy of the
City's storm drain system. In Dean Gordon's letter of September 13, 1993 (Appendix B in the
application), he addresses site drainage with possible alternatives. It is imperative that a
conference be held to determine the City's requirements in this area, before final approval is
granted. Attenders should be Dean Gordon, Jim Curtis, Chuck Roth and Jack Reid.
cc Chuck Roth, City Engineer
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MESSAGE DISPLAY
TO LESLIE LAMONT
From: Wayne Vandemark
Postmark: Oct 14,93 11:25 AM
Status: Certified
Subject: KROUT PROPERTY SUB
------------------------------------------------------------------------------
Message:
LOOKS AS THOUGH THERE WILL BE AN AUTOMATIC FIRE SPRINKLER AND
AUTOMATIC FIRE ALARM SYSTEM REQUIRED IN THIS PROJECT. THE RESPONSE
TIME IS UNDER FOUR MINUTES. THERE IS AN AMPLE WATER TO SUPPLY THE
SPRINKLER SYSTEM.
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Housing Director
Aspen Water Department
Environmental Health Department
Electric Department
Parks Department
Zoning Administration
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Streets Department
Parking Department
Leslie Lamont, Planning Office
FROM:
RE: Kraut Property Subdivision, Special Review, GMQS Exemption,
Condominiumization, Vested Rights and Text Amendment
Parcel ID No. 2737-182-27-002
DATE:
October 13, 1993
Attached for your review and comments is an application submitted by the City of Aspen and
the Aspen/Pitkin Housing Office.
Please return your comments to me no later than OCTOBER 22.
The Design Review Committee will be meeting on OCTOBER 21, at 3:00 p.m., 1st floor City
Council Chambers.
Thank you.
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX#(303) 920-5197
October 13, 1993
Jim Curtis
Curtis & Associates
300 E. Hyman
Aspen, CO 816111
"
Re: Kraut Property Subdivision, Special Review, GMQS Exemption, Condo miniumization,
Vested Rights and Text Amendment.
Case A57-93
Dear Jim,
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission at a
Public Hearing to be held on Tuesday, November 2, 1993 at a meeting to begin at 4:30 p.m. Should
this date be inconvenient for you please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the meeting
date, we will call to inform you that a copy of the memo pertaining to the application is available at
the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to post the
subject property with a sign at least ten (10) days prior to the public hearing. Please submit a
photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the
public hearing.
All applications are now being scheduled for the Development Review Committee (DRe). The DRC
is a committee of referral agencies which meet with Planning .and the applicant early in the process to
discuss the application. This case is scheduled for October 21, 1993 at 3:00 p.m., City Hall, City
Council Chambers.
If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-5101.
Sincerely,
~
Suzanne L. Wolff
Administrative Assistant
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TABLE 1
AFFORDABLE HOUSING ZONING
DIMENSIONAL REQUIREMENTS .
Criterion
Principal Front Yard
Secondary Front Yard
Minimum Rear Yard
Minimum Side Yard
Minimum Distance Between Bldgs.
Maximum Height
Minimum Lot size
Minimum Lot ArealUnit
Studio
One Bedroom
Minimum Lot Area Total
Maximum FAR
Maximum Floor Area
(15,000 sq. ft. lot)
Minimum Open Space
% of Site
Open Space - Sq. Ft.
Off-Street Parking
AH Zone
Reouirements
10'
6'8"
10'
5'
5'
30' (by Spec. Rev)
3,000 sq. ft.
300 sq. ft.
per unit
400 sq. ft.
per unit
9,500 sq. ft.
1.l:1 FAR
16,500 sq. ft.
By Special Review
By Special Review
EXHIBIT C
Kraut
Prooosed
10'
6'8"
10'
5'
nJa
30'
15,000 sq. ft.
13 units =
3,900 sq. ft.
14 units =
5,600 sq. ft.
15,000 sq. ft.
1.l:1 FAR
16,500 sq. ft.
41%
6095 sq. ft.
By Special Review 27 spaces
(1 spacelbedroom)
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EXHIBIT D
. . PUBLIC NOTICE
RE: KRAlIT PROPERTY .\FFORDABLE HOUS-
ING PROJECTSUBDMSION,SPEClAL "REVIE\\'.
GMQS-EXEMPTION. CONDOM;INIUMIZATION.
VESTED RJGHTS AND'AN AMENDMFJ....,.ro.l'HE
TEXT OFTHEClTYOF ASPEN L.AtID USE: CODE
REGUlATIONS, CHAPTER 24 OF THE ASPEN
MUNICIPAL CODE
. 'NOTICE IS HEREBY'GlVEN thatapub1lc bear-,
. 'tog ~ll be 'held ,()11 Tuesday, November 2, 1993.
at ameetlng to begin at 4:30 p.m.belore the
Aspen ,Plannlng and Zoni~gCommlss\on. 2nd
Fk>or"MeeUng Room,Clty,HaII, 1305. Galena.
A$pe~ ,'CO, to ,consider an 'aPpftc.a.UOn $ubmlt~
ted by the AspenfPltkln County Housing, ()tnce. .
593- E. MaIn St., Aspei1. CO, requesting $Ubd'",-
$ic)n'app,rov~lfor 13 studloand14 one-bed-,
roomaltordable houSlng untts; Speclal Review'.
--for building heJght. open space and parking;
GMQSExemptlon for deed '!eslrlctedunlts;
Condomlntumlzanon: Vested Rlgbts: and an
amendment to the City of ' Aspen MuntcllJ<l1
Code SecUon~206.:2. the AflordableHou:;illg
(AM) zonedlstrlct. to pennUmunlclpal parldng
as a pennltted use. The KraulpTOpertyls local..
~ on the southwest comer of E.,"lst Hyman Ave.
and OrI.glnaISt.~ Lots E. F, G and l, _8~k 10S.
City and Townslte'of AsJ>e:n.For further info,,"
matton, 'contact. Lesne.Lamont _ at the
Aspen/Pitkin Planning OHlee, 130 S. Galen..,
ASpen. CO: 920-5101
s/Bru<:eKeIT, Chair
Aspen Plannlng andZotilng Comm1ss1oo
Publ1&hed in the ASpen 'Mmes OctOber IS,
1993.
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PUBLIC NOTICE
RE: KRAUT PROPERTY AFFORDABLE HOUSING PROJECT SUBDIVISION, SPECIAL
REVIEW, GMQS EXEMPTION, CONDOMINIUMIZATION, VESTED RIGHTS AND AN
AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE
REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, November 16, 1993 at a meeting to begin at 4:30 p.m.
before the Aspen Planning and Zoning Commission, 2nd Floor Meeting
Room, City Hall, 130 S. Galena, Aspen, CO to consider an
application submitted by the Aspen/Pitkin County Housing Office,
503 E. Main st., Aspen, CO, requesting subdivision approval for 13
studio and 14 one bedroom affordable housing units; Special Review
for building height, open space and parking; GMQS Exemption for
deed restricted units; Condominiumization; Vested Rights; and an
amendment to the City of Aspen Municipal Code Section 24-5-206.2,
the Affordable Housing (AH) zone district, to permit municipal
parking as a permitted use. The Kraut property is located on the
southwest corner of East Hyman Ave. and Original st.; Lots E, F,
G and I, Block 105, City and Townsite of Aspen. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena, Aspen, CO 920-5101
s/Bruce Kerr. Chair
Aspen Planning and Zoning Commission
177
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APPENDIX I
Order No. A93-028
ADJACENT OWNERSHIP CERTIFICATE
ASPEN TITLE CORPORATION, a corporation organized and existing under and
by virtue of the laws of the State of Colorado,
HEREBY CERTIFIES
That it has made a careful and diligent search of the records in the
office of the Clerk and Recorder for Pitkin County, Colorado, and has
determined that those persons, firms or entities set forth on the Exhibit "An
attached hereto and by this reference incorporated herein and made a part
hereof, reflect the apparent owners of lots, tracts, parcels and condominium
units lying within 300 feet of the following real described property situate,
lying and being in the County of Pitkin, State of Colorado, to-wit:
300 feet from Lots E, F, G, H and I, Block 105,
Townsite of Aspen
This certificate has been prepared for the use and benefit of the above
named applicant and the City or Town of Aspen in the County of Pitkin,
State of ColOrado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED
TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00.
DATE: September 24, 1993
(SEAL)
ASPEN. TITLE CORORATION,
a Colorado Corporation
By:_--!!;fUVv0--L~ .
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APPENPIX I
Order No. A93-028
ADJACENT OWNERSHIP CERTIFICATE
ASPEN TITLE CORPORATION, a corporation organized and existing under and
by virtue of the laws of the State of Colorado,
HEREBY CERTIFIES
That it has made a careful and diligent search of the records in the
office of the Clerk and Recorder for Pitkin County, Colorado, and has
determined that those persons, firms or entities set forth on the Exhibit "A"
attached hereto and by this reference incorporated herein and made a part
hereof, reflect the apparent owners of lots, tracts, parcels and condominium
units lying ~ithin 300 feet of the following real described property situate,
lying and being in the County of Pitkin, State of Colorado, to-wit:
300 feet from Lots E, F, G, H and I, Block 105,
Townsite of Aspen
This certificate has been prepared for the use and benefit of the above
named applicant and the City or Town of Aspen in the County of Pitkin,
State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED
TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00.
DATE: September 24, 1993
(SEAL)
ASPEN TITLE CORORATION,
a Colorado Corporation
By: ~fUVvk1-LJJ,
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