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HomeMy WebLinkAboutminutes.apz.20090217Regular Meeting Asoen Planning and Zoning February 17 2009 Comments ...............................................................................2 Declarations of Conflicts of interest .................................................2 312 SHunter -Commercial Design Review .......................................2 1490 Ute Avenue, Jewish Community Center, SPA Amendment ...............3 Regular Meeting Asaen Plannine and Zonine February 17, 2009 Stan Gibbs opened the regular meeting at 4:30 pm in Sister Cities Meeting Room. LJ Erspamer and Brian Speck were excused. Commissioners present were Bert Myrin, Mike Wampler, Cliff Weiss, Dina Bloom, Jim DeFrancia and Stan Gibbs. Staff in attendance were Jim True, Special Counsel; Jennifer Phelan, Errin Evans, Jason Lasser, Community Development; Jackie Lothian, Deputy City Clerk. Comments Stan Gibbs noted there was a special meeting on February 24`h; he asked if an AACP Draft will be distributed. Jennifer Phelan responded that she would get back to the commission after Jessica Garrow provides City Council with the work session. Declarations of Conflict of Interest Cliff Weiss noted that he skied with Mendal Mintz's nephew. Public Hearing: 312 South Hunter -Commercial Design Review Stan Gibbs opened the public hearing for 312 South Hunter, Commercial Design Review. Errin Evans, Community Development, stated that before the commission was an application for commercial design review. Evans said that currently the building located at 312 South Hunter is occupied by Polar Revolution, a retail sports and clothing store. Evans said the applicant was James Perse Enterprises Inc represented by Linda Wong. They want to remodel the facade to allow better access to the front entrance. The applicants are required to meet the requirements of the commercial lodging and historic district design; in this case the building has some existing features that don't meet the policies; however staff feels that the remodel would create improvements to the existing building and provide access for IBC Standards. Staff recommends approval of this application. Denis Murray is present from the building department to answer questions. Evans proposed a revision to the 3`d whereas in the resolution to read "upon review of the application and the applicable code standards, the community development department recommend approval of the application as presented because it meets the policies of the international building code in regards to access and existing non- conforming elements that do not meet the commercial lodging and historic district objectives and guidelines are not required to be amended at this time". Reeular Meetin¢ Asnen Planning and Zonine February 17 2009 Bert Myrin asked about the airlock for new structures not being met. Jennifer Phelan responded that they were remodeling and were proposing the airlock; she stated that guideline did not have to be applied. Mike Wampler asked Denis Murray if he approved of everything that was proposed. Denis Murray replied yes and they worked with engineering as well but might have to adjust the grade of the sidewalk and that would help them gain the elevation to make the ramp work out. Gideon Kaufman provided the affidavits for posting and mailing to Mr. True. Kaufinan said that they have worked together with staff and took suggestions and modified the plan to meet with the approval. Linda Wong explained the airlock and how it worked. Stan Gibbs noted that the drawing of the remodeled building doesn't really show the delivery access on the side; does that move. Linda Wong replied the current building had delivery access and she said that she believed that would be retained. Gibbs said that he just wanted to make sure that alley access was retained because it was required for deliveries. Jim DeFrancia asked if this commission was the final authority on the application. Phelan replied that they were. Public Comments: Jeffrey Halferty, public, said that he worked on that building when it was Ozzie's and thought that this was a great proposal. MOTION: Jim DeFrancia moved to approve Resolution #5, series 2009, approving the request for commercial design review for 312 South Hunter conditioned on retaining the existing delivery door along the alley and delete the word "not "; Cliff Weiss seconded. Roll call vote: Wampler, yes; Bloom, yes; Myrin, yes; Weiss, yes; DeFrancia, yes; Gibbs, yes. APPROVED 6-0. Continued Public Hearing: 1490 Ute Avenue -Jewish Community Center, SPA Amendment Stan Gibbs opened the continued public hearing for 1490 Ute Avenue, Jewish Community Center, SPA Amendment. Jennifer Phelan asked Jim True to speak on covenants; she asked for clarification on the role of covenants with regard to public Reeular Meeting Ashen Plannin¢ and Zonine February 17, 2009 hearing and the criteria that the planning and zoning commission uses in reviewing an application. Jim True stated that it was really very simple and had explained this before. The City of Aspen is not in a position to enforce private covenants. What the P&Z must do is consider this pursuant to the City's Landuse Code and the terms and conditions of the Landuse Code. Private covenants are a separate issue that are individually enforced; the history in this situation is (as he understands it) the covenants were in place and there was a lot of discussion at the last meeting about the covenants. If the applicant wishes to request to have time to address covenant issues that's up to them but it is not P&Z's place to review, interrupt, make determinations as to what the covenants do or do not say. True recommended that P&Z simply address what's in the Landuse Code and not address representations regarding what the covenants say this; it is not P&Z's position to make determinations for what private covenants do or do not say. Jim DeFrancia said that he appreciated that advice and should we ignore covenants that have to do with building restrictions. True said that it is not P&Z's position to make determinations as to whether it does or doesn't comply with private covenants. True noted that was a whole array of legal issues for a judge to determine and not P&Z. True said that there are certainly issues that the homeowners can bring up that are related to your consideration; he did not say not to consider homeowner's concerns but keep it in the context of the Landuse Code and not enforcing private covenants. Jason Lasser, special project planner with the City of Aspen, said this was a continuation for the Aspen Jewish Community Center at Silver Lining Ranch, consolidated SPA amendment application and growth management review. Lasser sated questions from the last P&Z meeting were who runs the crosstown shuttle, is the fire hydrant placement okay with the fire department, how does the city treat private gates and additional information for the avalanche study. Some answers to those questions were provided in the packet as well as new additional information, exhibit M (letters from homeowners, neighbors and interested public). That was handed out today. Staff recommends approval of this application. Bert Myrin asked about the employee housing mitigation from the January 20tH memo page 6 says that the employee housing mitigation was 60% of the 9 employees; P&Z is just determining the number of employees. Lasser replied that was included because the applicant was now requesting a waiver and they were 4 Regular Meetine Asaen Plannin¢ and Zonine February 17, 2009 actually going to provide 60% of the affordable housing. So as an essential public they can request a waiver from City Council. Alan Richman, representing the Aspen Jewish Community Center, stated that he did not want to repeat the presentation from the January 20`h that was rather lengthy. Richman provided the key points from the original presentation plus one more. 1. The owner of the property is Kids Stuff Foundation. 2. We believe that the property and the building represent an excellent fit for the Jewish Community Center; the property offers wonderful opportunities for play areas for preschool, represents an awe inspiring place for religious worship. 3. The proposed changes to the property include the new pedestrian section, the driveway loop improvements and the addition of about 10 parking spaces. 4. They have placed a strong emphasis on programs to reduce the need for users to drive to the facility; there was a free shuttle service for the preschool; there was a need for financial penalties for parents who do not use the preschool shuttle service; special events shuttle service; car share program. 5. The traffic volumes on the surrounding road system are low and the traffic increase from this Center would have little to no on those traffic operations. 6. The Community Center will provide a desperately needed preschool facility for approximately 40 children. 7. (addition) GIS created an aerial photograph map of the entire Stillwater Ranch PUD. Richman said that no roads are shared with the Stillwater Ranch properties. The distances from the closest neighbor is just less than 650 feet away, which is just over 2 city blocks. Richman said they were not building a new facility but reusing an existing building. Cliff Weiss asked about other homeowners impacted besides the Stillwater neighbors. Richman responded that there were other neighbors and Ute Avenue neighbors. Weiss inquired about outdoor activities and what were the plans for summer camp on the open space. Richman replied that nothing was proposed on the conservation open space. Stan Gibbs asked for Alan to point out where the open space was located on the map. Cliff Weiss asked where the children's play area was located. Weiss asked about the false fronts of a western town. Richman replied those false front play areas were put up by the Kids Stuff Foundation called Kid Town and hope that area will remain there. Richman said they were open to conditions in the Resolution. Jim DeFrancia asked how many full time employee were anticipated. Richman replied 9-10. DeFrancia asked how many employees the Silver Lining Ranch had. Richman replied that there were quite a number when the sessions were in 5 Regular Meeting Asnen Plannin¢ and Zonin¢ February 17, 2009 operation of medical staff from 10-15 personnel; there were 7 one week sessions and then it went to 7 two week sessions. There were administrative employees in the building full time but each kid needed medical staff and there were 20 kids for each session. DeFrancia asked what was proposed for employee housing mitigation for staff. Richman replied that there were 3 units inside the building currently but they would have 2 units inside the building because the lower level unit would be displaced by the preschool rooms and they would have 750 square foot caretaker unit built. Bert Myrin asked if the affordable unit was proposed where the dumpster was located. Richman replied next to it. Myrin asked who would use the 23 parking spaces. Richman responded that when there were religious activities there would be some spaces used for the adult education and drop off spaces. Myrin asked how many bedrooms would there be on site for employee housing. Richman answered there's a 2 bedroom and 2 1 bedrooms. Rabbi Mintz stated that he currently has 5 employees and only 1 uses a car. Myrin asked if there was a distinction between a parking space and a drop off space. Richman replied there were some spaces that were obvious spaces and there were identified ones as drop off spaces. Cliff Weiss asked the distance between the Aspen Club parking lot and Silver Lining Ranch. At least 300 yards was the reply. Richman replied that there was no way to get from the Aspen Club parking lot without going back to Ute Avenue to get to this property. Public Comments: 1. Dick Bell, public, said that he worked for the Silver Lining Ranch and there was a horse ranch on the property. Bell stated that he goes on site every week. 2. Barbara Fleck, public, said that shuttles don't work; mother's don't want to leave their children so they drop them off. There were activities so the parents stay so they have those cars parking. The covenants do not allow them to use the open space so the horseback riding and the camp do not fit into the whole program. 3. Peter Gerson, public, stated that he bought from Fritz and Fabi and the land was a sanctuary with birds, fox, bears, coyote and deer. This land was a flood plain and they have kept it in the natural state; when the children go outside they will impact this area. 4. Tom Regan, public, stated that he was president of the Stillwater open space association. This area was developed as a neighborhood and was connected together by the common area and by the use of the different properties. 6 Reeular Meetine Asaen Plannin¢ and Zonine February 17, 2009 Regan said that they were not asking P&Z to adjudicate on the covenants. Regan requested further analysis for the traffic study prior to anything being voted on; he asked for a continuance. 5. Rick Neiley, public, said that he represented Sister Andrea Yeager the founder of Silver Lining Ranch. Neiley stated the original application from 1996 or 1997 anticipated 20 kids, family members, 20 staff members (some would live there year round) and a variety of other uses when kids' camp was not in session. The portion of the property that was currently developed should be rezoned to Academic Zone District, which is established for lands for education and cultural activities with attendant research, housing, and administrative facilities, private schools, auditoriums and facilities for performances and lectures, library and museum. That seems to be what we are talking about with this applicant. 6. Aaron Fleck, public, said that there would be 7-10 special events in addition to their services and activities of the temple. Previously the facility was used 14 weeks a year with 20 students and a few people besides and now they are proposing a school with 40 students, other activities, 23 parking spaces. Fleck said that the traffic study did not account for 200 people at an event even though he did not live on Ute Avenue and that was not his concern but it should be of concern to the city and this organization. 7. Cathy Pike, public, said that she was a Ute Avenue neighbor and she was in support of a Jewish Center but this location choice was very poor. Pike said that she has had to call because of the Aspen Club parking overflow onto Ute Avenue and that a fire truck could not get through the street. There were small children that play on the street, people walk their dogs on the street and the when city plows snow the street becomes about a lane and a half wide. Pike said that she would like to see the traffic survey from 7 am to 9:30 am and from 3 pm to 7 pm; there was a lot of traffic on Ute. 8. Pete McClain, public, said that he was Cathy's neighbor and completely agrees with her assessment of the situation. This was an inappropriate place to have the Community Center. 9. Rick Head, public, agreed with Cathy and Pete. Alan Richman stated there were a couple of clarifications from public comments. The Jewish Center application proposed 5-10 special events per year; a special event is the Jewish New Year, Passover Service. Most of those 5-10 events would be religious services that happen within the sanctuary and the dining hall; there is a potential for a bar mitzvah or a wedding. Richman said that apre-condition of a special event is that shuttle service is utilized. 7 Reeular Meetine Asaen Plannine and Zonine February 17 2009 Richman said they would stand by the traffic analysis; the consultants find that the traffic volumes on Ute Avenue are low, the intersections function adequately and the amount of traffic for the projects proposed really doesn't threaten the level of service on the road; this is not a physical capacity issue on that road. Mike Wampler said the parents of Wildwood School use the shuttles and these kids' shuttles will be used. Wampler noted that the city has made it clear that they do not want that property to go back to a single family house, keeping that in mind this is probably the best use and a good cause. Wampler stated that this still had to go to council. Jim DeFrancia stated there was a policy decision made in 2007 with the application to rezone to single family use and the city decided not to do that; the city felt this property was valuable for non-profit institutional use. DeFrancia said he had problems with the traffic study; the study should be done between November and April on any morning or afternoon because of the weather conditions and snow piling up in the street. Cliff Weiss said that he was not ready to approve the additional parking spaces; he did think by approving the additional parking spaces the applicant was not thinking creatively. Weiss asked what was meant by the children's camp or play area; he asked what the limitations are; it was only fair to the neighbors to be good neighbors. Weiss said that he couldn't justify the additiona1700 square foot cabin; he didn't know why the caretaker needed to be on site. Dina Bloom stated the building was very fitted for a Jewish Community Center but traffic was still her issue and wished there could be a solution. Bert Myrin said that Section 3 in the Resolution says there was an employee generation audit; in Section 1 the 8040 Greenline and the stream margin review hasn't had much discussion and he would like this to move forward. Myrin said that parking was an issue for him because parking draws cars and if there is a place to park or drop off it draws vehicles. Richman said there was no parking standard for this use so the commission is establishing it. Myrin said parking was final at P&Z. Richman said that council has purview over parking within the SPA but P&Z sets the special review. Weiss said that he was not just for passing things onto council otherwise what exactly if the purpose of this commission. Wampler said that there was one more review session after the commission's review. 8 Regular Meeting Aspen Planning and Zonin¢ February 17, 2009 Wampler noted that he lives past Park Avenue and when the snow piles up it's a one lane road and it slows traffic down. Stan Gibbs agreed with Jim on the City establishing the non-profit use for this property and he couldn't think of another use other than another Silver Lining Ranch that would be much lower in usage than what is being proposed here. Gibbs said that this was a reasonable use for this parcel given that the city believes that it should stay connected to the city and that it should be anon-profit, culturally and socially useful function. Gibbs asked if the applicant was willing to commit to a percentage of people coming onto the site by shuttle service and if it's not met after a year then there would be a higher level. Richman stated they have clearly set their goal for both the preschool and special events at a 100% use of the shuttles. Gibbs said that he would like to see parking not increase. MOTION: Bert Myrin moved to approve Resolution #6, series of 2009, Mike Wampler seconded. Bert Myrin amended the motion under section 5 the off street parking to require 3 garage spaces and 10 outdoor spaces. Jim DeFrancia second. Roll call vote: DeFrancia, yes; Bloom, no; Wampler, no; Cliff, yes; Myrin, yes; Gibbs, no. Motion fails. Discussion of motion: Stan Gibbs wanted to amend the motion to require a traffic audit by the applicant for their use of mass transit and that parking not be increased beyond the current parking. Gibbs said that a drop off space wasn't a parking space. Richman said there were a few spaces but it was mostly of the drop off nature; there were 10 or less outside spaces. Gibbs withdrew his amendment on the parking issue. MOTION: Cliff Weiss moved to extend the meeting to 7: 30 pm. Jim DeFrancia seconded. All in favor, APPROVED. Weiss said the concept of doing studies later was not favorable. Weiss said that he still objected to the addition of the 750 square foot caretaker unit; the project was already at the maximum FAR at 14,000. DeFrancia said this was an employee housing unit. Richman stated that someone (caretaker) had to be on site if it would open early for preschool. Richman stated the property had to be plowed, maintained and systems in the building to be maintained. Rabbi Mintz stated that it was precise that the property be maintained and opened at 8:00 am. Rabbi Mintz said that he received a lot of questions from parents and the employees living on the second floor were full time employees. Weiss said he just wanted to have this discussion on the cabin. Regular Meetin¢ Asoen Plannin¢ and Zonin¢ February 17 2009 MOTION: Stan Gibbs offered an amendment to the prior motion for a traffic audit after one year to be provided by the applicant and evaluated by the City and if the mass transit expectations are close to 100% for preschool and special events; individual car uses can be demonstrated to be incidental and not a major factor on Ute Avenue. Jim DeFrancia seconded. Roll call: Wampler, yes; Weiss, no; DeFrancia, yes; Bloom, yes; Myrin, yes; Gibbs, yes. APPROVED S-1. Discussion: Alan Richman accepted the condition. Bert Myrin asked how the Crosstown Shuttle route was originally funded for the Aspen Club; if we have some idea of the number and use today. Lasser replied that the Aspen Club provided their own shuttle service and that was why they did not use the Crosstown shuttle. Myrin asked for the Crosstown to be incorporated into the motion and a proportionate share paid by this applicant. MOTION: Bert Myrin proposed a motion to recommend to Council to consider the Aspen Club calculations in looking for contributions for the Crosstown Shuttle (the model for the subsidy) by the applicant and to meet with transportation prior to going to Council. Jim DeFrancia seconded. Roll call: Weiss, no; Bloom, yes; Wampler, no; DeFrancia, yes; Myrin, yes; Gibbs, yes. APPROVED 4-2. MOTION: Bert Myrin said that P&Z finds this applicant generates 9-10 full time employees. Cliff Weiss seconded. Roll call: Wampler, yes; DeFrancia, yes; Bloom, yes; Weiss, yes; Myrin, yes; Gibbs, yes. APPROVED 6-0. Discussion: Richman said they would provide specific program to Council for the outdoor uses. MOTION: Bert Myrin moved to amend the Resolution overall to approve; seconded by Mike Wampler. Roll call: Weiss, no; DeFrancia, yes; Bloom, yes; Wampler, yes; Myrin, yes; Gibbs, yes. Approved 5-1. Adjourned at 7:30pm. J ckie Lothian, DXeputy City Clerk 10