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Home My WebLink Aboutminutes.apz.20080722ASPEN PLANNING & ZONING. MEETING -MINUTES JULY 22, 2008 COMMENTS ............................................................................................................ 2 DECLARATION OF CONFLICT OF INTEREST ................................................. 3 MISCELLANEOUS CODE AMENDMENTS ........................................................ 3 ZG MASTER PLAN UPDATE ................................................................................ 4 1 ASPEN PLANNING & ZONING MEETING -MINUTES JULY 22, 2008 LJ Erspamer opened the special meeting of the Planning & Zoning Commission in Sister Cities Meeting Room at 4:30 pm. Commissioners Dina Bloom and Brian Speck were excused. Jim DeFrancia, Cliff Weiss, Stan Gibbs and LJ Erspamer were present. Mike Wampler arrived at 4:40 pm. Staff in attendance were Jim True, Special Counsel; Trish Aragon, City Engineer; Chris Bendon, Jennifer Phelan, Ben Gagnon, Jason Lasser, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS LJ Erspamer said that the Planning & Zoning Commission has the powers and duties to initiate amendments to the text of this title or adopt a resolution, plans, guidelines or documents used in a guiding capacity by the commission. Erspamer wanted to initiate something to bridge the gap until the guidelines are done for traffic studies; there would be criteria for a traffic study with time of year and time of day along with other arteries it affects. Chris Bendon stated clarity was needed for what triggers a traffic study. Bendon said that this was perfect timing for the 2009 planning schedule for the budget process. Stan Gibbs said that he would like to see that appear on the work item list and he agreed with LJ that it wasn't well specified. Jim DeFrancia supported LJ with defined clear standards for traffic analysis. Bendon recommended that this was a P&Z priority and would be presented to council. Trish Aragon agreed with Chris and noted that the engineering department was following criteria set out by the highway capacity manual and the institute of transportation engineers. Cliff Weiss said that the information from traffic studies was misleading because the studies report said that roads could handle the capacity but it was not necessarily good for the community. MOTION.• LJErspamer moved to create a recommendation to City Council to review as quickly as possible for the criteria for a traffic study; Jim DeFrancia seconded. All in favor, APPROVED. Toni Kronberg, public, stated that she supports the recommendation. Kronberg said that she was surprised that planning and zoning passed Puppy Smith with all of the added traffic. Chris Bendon said that the Lift One COWOP was moving along and there would probably be some P&Z meetings with the Lift One. Bendon asked P&Z for special meetings on August 19"' and 26`h; September 16`h and 23rd for the Lift One. Ben Gagnon requested special meetings with P&Z for the ZG Master Plan. Toni Kronberg, public, thanked planning & zoning for the Aspen Club. Kronberg said that her major concern was the transportation system. 2 ASPEN PLANNING & ZONING MEETING -MINUTES JULY 22, 2008 DECLARATION OF CONFLICT OF INTEREST None stated. PUBLIC HEARING: MISCELLANEOUS CODE AMENDMENTS LJ Erspamer opened the public hearing for miscellaneous code amendments. Jim True stated that notice was provided. Chris Bendon began with Resolution 26 multifamily housing replacement. Bendon said that the City multifamily housing replacement program has been in place since 1990 and requires certain mitigation upon the demolition of multifamily housing units. Bendon proposed exemptions to the program to maintain local housing stock; a replacement of multifamily housing units after anon-willful demolition such as flood, fire or other natural catastrophe, civil commotion, or similar event not purposefully caused by the land owner. Bendon said that when a developer willfully demolishes a building that is an action by the developer. Bendon said if it was a bandit unit they were not subject to the additional requirements when they go away. There was text on how to legalize a bandit unit by conforming to the current building codes. Cliff Weiss asked if these were free market bandit units were there different rules than affordable housing. Bendon replied only if it was a bandit unit for example the former Pines Lodge laundry room all of a sudden became its own unit without a proper entrance. Mike Wampler asked why were they being rewarded for an illegal unit by offering to make it legal; why not close that avenue off. Bendon responded that they always have the opportunity to do that to code with double planning fees and double permit fees. Weiss asked about duplexes turning into triplexes in the R-15 zone district and if it burns down how can it be replaced. Bendon replied that it has to be demonstrated that it was built legally in the first place. Bendon said there were two different options for the demolition of multifamily buildings with 100% or 50% replacement of affordable housing on site with certain categories. Alan Richman, public, said that he was on staff when these regulations were adopted and has had many occasions to use them since. Richman stated that when these regulations were adopted there were quite a few willful demolitions going on eliminating housing projects that historically housed many local residents and there were no requirements in the code to replace anything; the city was loosing housing and the regulations were intended to insure some portion of what was lost comes back into the affordable housing market. Jim DeFrancia added to the replacement ofnon-willful demolition when rebuilding the multifamily structure the units must comply with the current deed-restrictions. Bendon said that Community Development would call it out as something different to Council. Jim True said 3 ASPEN PLANNING & ZONING MEETING -MINUTES JULY 22, 2008 that it would be difficult to place a deed restriction on a property that never had a deed restriction if it were anon-willful demolition. MOTION: Jim DeFrancia moved to approve Resolution #26, series 2008 and recommend City Council approve a code amendment to Section 26.470.050.5 and Section 26.104.100; seconded by Cliff Weiss. Roll call vote: Gibbs, yes; Wampler, yes; Weiss, yes; DeFrancia, yes; Erspamer, yes; all in favor, APPROVED 5-0. Bendon discussed Resolution #25 regarding call up at conceptual for HPC and P&Z by City Council. Bendon noted that there has been a code change so P&Z provides recommendations to HPC on primary points. Bendon noted the commercial design was 26.412 either P&Z or HPC. Erspamer said that he was not comfortable making concrete and final decisions when he was not an elected official; P&Z is serving at the discretion of the Council and they were making those decisions. Bendon said the measurements were technical changes on how the city measures floor area, heights, lot area and yards. MOTION: Jim DeFrancia moved to continue the public hearings for Resolution #25 and Resolution #27 to August 19`h; seconded by Stan Gibbs. All in favor, APPROVED. OTHER BUSINESS: ZG MASTER PLAN UPDATE Ben Gagnon said they were to speak about the process of the ZG Master Plan and not substance of the plan. Master Planning comes to P&Z as part of the process. Bendon explained that the Civic Master Plan was broader with more properties and provides guidance for this Master Plan. Jim DeFrancia excused himself. Gagnon said that they would walk through the history of options; there was an overarching core principal that says they want a mix of uses with some sort of arts presence on this facility. Gagnon said that this was a 15 year plan realistically speaking. Gagnon said that he wanted to schedule a site visit. Adjour ed. ckie Lothian, Deputy City Clerk 4