HomeMy WebLinkAboutminutes.apz.20110719 City Planning & Zoning Meeting — Minutes — July 19, 2011
Comments 2
Minutes 3
Conflicts of Interest 3
Lift One Lodge PUD & Timeshare 3
Miscellaneous Code Amendments 11
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City Planning & Zoning Meeting — Minutes — July 19, 2011
Stan Gibbs opened the regular meeting of the Planning & Zoning Commission,
Tuesday July 19 in Sister Cities Meeting Room at 4:30. Jim DeFrancia was
excused. Commissioners present: Cliff Weiss, Bert Myrin, LJ Erspamer, Jasmine
Tygre, Michael Wampler and Stan Gibbs. Staff in attendance were: Jim True,
Special Counsel; Chris Bendon, Community Development Director; Jackie
Lothian, Deputy City Clerk.
Comments
Bert Myrin distributed the housing sheet and the MotherLode employee housing
units were not occupied because there was no CO; there was a party held at the
residences. Bert asked for clarity on this. Chris Bendon replied the affordable
units did not have a CO.
Jasmine Tygre said the North of Nell has had cosmetic work done to it and the
trees in front are grown up so remedial landscaping can make a building that may
not be so beautiful look a lot better.
Cliff Weiss brought up the Spring and Hopkins building that P &Z approved and
said Stan made the comment had we known what they did we may not have
approved the project. Cliff Weiss said this goes on our list of codes to be
reviewed. Stan Gibbs spoke to the architect, Adam, and the presumption they were
going on was the reason that they couldn't raise that is still true and they didn't
violate that particular situation they did more than razing the building they
expected but the underlying assumption was that they couldn't change that floor
plate; this is still true. Stan Gibbs asked Chris if in a resolution could the elements
of conditions include if this assumption proved not to be true we expect to see this
project back. Chris Bendon replied as much as we can work into the approval to
create clarity the better to retrace the trail that everybody took because it is not that
clear unless it is put into the minutes verbatim or in the resolution. Stan Gibbs said
that he was looking for the developer would know based on the approval if they
change that assumption that they are obligated; is there a way in the code to have a
mechanism to say if this doesn't prove to be true we want to see this project again.
Stan said because then we are evaluating a different project. Chris Bendon said for
example they make a particular representation that is substantive to your decision
making process, you can put in the resolution if this particular assumption doesn't
prove to be true then it is subject to re- review. Cliff Weiss said that sounds case by
case and he was looking for a boiler plate that goes into the general resolution
because you might not always see it coming and he said this is not the first or the
last of these circumstances; it is not just renovations and what actually is getting
built is not quite how we thought we left it.
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City Planning & Zoning Meeting — Minutes — July 19, 2011
Minutes
MOTION: Bert Myrin moved to approve the minutes from July 05, 2011
seconded by Jasmine Tygre, all in favor, APPROVED.
Conflicts of Interest
None stated.
CONTINUED PUBLIC HEARING:
Lift One Lodge PUD & Timeshare
Stan Gibbs opened the continued public hearing Lift One Lodge PUD and
Timeshare continued from June 21 Chris Bendon said that he provided a new
resolution with the changes redlined and went back through the DRC and other
changes.
Bob Daniel said responding to questions regarding setbacks he utilized power point
(hard copies provided by Stephen Holley) slide 1 (page 1) for setback greater than
required by code, slide 2 (page 2) setbacks less than required by code. Stan Gibbs
asked where the setback was. Stephen Holley responded the entrance was 4'7"
and the required was 5'. Bob Daniel showed slide 3 (page 2) Silver Shadow
proposed and existing with the sloped roofs compared to flat roofs and then
connectivity is more direct routes with the distance from the Gondola to Ruby Park
is 855 feet and to Willoughby Park it is 733 feet. Slide 4 (page 4) What Are We
Asking For? Floor area and area devoted to non -unit space when excluding
vacated right -of -way from lot area; some setbacks, which are adjacent to public
lands or rights -of -way are less than the minimum required; Heights exceeds the
maximum in various places; Average unit size is also being varied slightly; Street
and alley rights -of -way are being vacated. Slide 5 (page 4) What Are We
Providing? Rejuvenation of a neglected part of town; Needed lodging facilities in
important location; Easements and corridor necessary to return skiing and lift
services to Willoughby Park; Street reconstruction of Deane Street as a
(Predominately) pedestrian way; Renovation and donation of Skiers Chalet Lodge
for us as Aspen Historical Society Museum; Historic designation of Skiers Chalet
Lodge after relocation and renovation; Street reconstruction and safety
improvements of South Aspen Street; Pedestrian infrastructure along South Aspen.
Slide 6 and 7 (page 5) What Are We Providing? Expansion of Willoughby Park;
50 underground public parking spaces, Parks Department maintenance storage,
100% employee housing mitigation when only 30% required by code, Renovation
and reuse of the Skiers Chalet Steakhouse building; Stabilization /protection of
public historic assets — Lift One, towers, outhouses; $600,000.00 funding for
surface lift; Improvements to the general surroundings of the Winternational race
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City Planning & Zoning Meeting — Minutes — July 19, 2011
course; $150,000.00 volleyball replacement; Exceeding environmental standards
for new development; Free public ski lockers, Improved emergency access; Utility
system improvements and Better management of stormwater and drainage from
Aspen Mountain.
Bob Daniel said the average unit size was 537 square feet and P &Z has the ability
by Special Review to increase the unit sizes to 550 square feet.
Cliff Weiss asked what the platter lift cost to build and running it. Bob Daniel
responded that it was less than $600,000.00 and that was why we came up with
that number. Cliff Weiss asked why are you doing a cash -in -lieu than just outright
building the lift. Bob Daniel replied the principal reason is that from a landing
point perspective we do not know where it will land and at some point in time Lift
One will come up for replacement and at that time that landing spot is not on our
land.
LJ Erspamer asked about the middle of the property it was too narrow to put in the
platter lift without a variance from the tramway board; he asked if it was still
accurate. Bob Daniel answered yes and the reason why a surface lift was
acceptable is because there is a requirement that an 85 foot wide corridor for an
aerial lift but the ground lift was acceptable at 45 feet to the tramway board.
LJ Erspamer said that Tim Ware was implementing the public parking. LJ
Erspamer said there was a $100,000.00 bond for the volleyball court but in the
resolution it doesn't state that it has to be in a separate account. Bob Daniel replied
that it was $150,000.00 and it is a separate account. LJ Erspamer asked about the
sanding because it was a dangerous spot down there; what is the width of the
street. Bob Daniel replied 24 feet. LJ Erspamer asked at the last meeting for a
graphic showing a 5 foot setback and a 32 foot height and a 24 foot setback and the
height of the building. Bob Daniel replied this was the setback from the Silver
Shadow that varied with their balconies.
PUBLIC COMMENTS:
1. Eben Clark, representing Silver Shadow, asked under which code is that
slide. Bob Daniel responded that it was the code with the application,
2005. Eben Clark asked what the setbacks were now. Bob Daniel
replied the setbacks did not change but the height did.
2. Georgia Hanson, Aspen Historical Society, reminded everyone that the
election that gave us that site was overwhelmingly high percentage 86 %,
which means that it is a community benefit.
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City Planning & Zoning Meeting — Minutes — July 19, 2011
Stan Gibbs closed the public comments section of the hearing.
The Commissioners began their review of the resolution.
Jasmine Tygre asked to have in the resolution who was the responsible one for the
review of the easements that are recorded and taken care of prior to the CO. Stan
Gibbs asked if easement documents had to be signed by anybody in particular.
Chris Bendon answered they would be incorporated in the plat and the plat is
signed by himself, City Engineer and the Mayor with the development order.
Jasmine Tygre stated to be reviewed item by item and approved to ensure each of
the items in the conditions of approval are in fact recorded on the appropriate
documents. Chris Bendon said to be reviewed to ensure each item in the condition
of approval is documented to the satisfaction of Community Development, City
Engineer and City Attorney prior to final signature by the Mayor and recordation.
Stan Gibbs said that sound like boiler plate that could appear in many resolutions.
Bert Myrin asked if in Section 1 1.2 A Street Vacation/Dedication Plat the street
right of ways being vacated if the vacations were excluded from the lot area
calculation the FAR would be 2 to 1 and that would not require much variance.
Could we in 1.2 say that above street vacations shall not be excluded from total
area of FAR calculation contrary to code 259591. Chris Bendon responded that
probably only the folks in this room would understand or know of, but we would
also have to change the dimensional table so they correlate. Bert Myrin said to
him the purpose of a PUD was to shuffle things around within the space and when
you are creating variances to the large space it is not necessarily the purpose of a
PUD by changing where the space is designated it all counts toward FAR; we
don't have to necessarily give a variance for the extra.
Cliff Weiss said moving the development with a variance was to create and
maintain the ski corridor so they were within the code and the variance is to protect
Lift One Park and that corridor to the main ski corridor.
Stan Gibbs asked Chris for clarification on how this works. Chris Bendon replied
the zoning allows for certain amount of floor area for each parcel and to determine
your floor area you first need to figure out your lot area, which is a net number and
take your gross lot area and subtract out areas that are either within rights -of -way
or former rights -of -way and reduce lot area for the presence of slopes then you end
up with your net lot area and use that number to derive your floor area. Chris
Bendon said so you take that reduced number and multiply by 2.5 and that is how
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City Planning & Zoning Meeting — Minutes — July 19, 2011
much square footage you have on the parcel; in this case because of the former
rights -of -way and presence of slopes that resulting floor area is reduced by close to
60 %. Chris Bendon stated that the land mass is comprised of these legal rights -of-
way that you don't see but there is approximate to a 2.1 to 1; the building is
calculated for a lot that size.
Jasmine Tygre said in this particular project the lot and the building fit.
Stan Gibbs asked the commissioners who was in favor of the current
implementation of the resolution which talks about not including the vacated areas
therefore allowing the 4:1 FAR as varying that on the one hand as opposed to
including all the vacated areas is essentially the variance which is by calculation
then allows this building because it is only a 2.1:1 FAR. Bert's language. Stan
Gibbs said it looks like we need to have that changed. Chris Bendon Stated that
we will add an addition that will say for the purpose of calculating floor area
former will not be deducted from lot area. Bert Myrin said that alone is enough to
allow that floor area to fit without reduction of slope. Sunny Vann said that when
he re- calculated it with gross area he took the slopes out; the only thing that was
different was the vacated right -of -way.
Stan Gibbs asked for any comments or changes to Section 2: Rezoning. No
comments or questions from the commission.
Stan Gibbs asked for any comments or questions on Section 3: Development
Agreement. Chris Bendon said it will be the same kind of language as before it
will be reviewed with each condition of approval is documented to the satisfaction
of Community Development Director, City Engineer and City Attorney prior to the
final signature by the Mayor and recordation. LJ Erspamer asked about the truck
in 3.4 Identification of all public improvements; is it a dump truck, a pickup truck
on the site. Cliff Weiss said the applicant was providing the funding to the City of
Aspen so you can't hold the applicant responsible for something the City will be
doing. Bob Daniel presumed they would work with the Streets Department to
provide the right type of vehicle for that application and sand type and may be used
on some steep areas in town. Bob Daniel said he could add language that said as
determined or as required by the City of Aspen Streets Department. LJ Erspamer
said he would like to see the word "dedicated" replace "an additional" in the
second sentence. Stan Gibbs agreed with LJ.
Cliff Weiss said 3.5 An agreement to provide locker facility with 80 lockers he was
not comfortable with where the lockers are located. Bob Daniel described the
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City Planning & Zoning Meeting — Minutes — July 19, 2011
access to the lockers had 2 points, a sidewalk adjacent to the garage and another
sidewalk. Cliff Weiss said his eye was towards the skier and voiced concern about
a better lift eventually; he said the lodge residents and guests will get the lockers
first. Chris Bendon clarified the plan for allocating the lockers is that you sign up
for a valley wide lottery and if you win you essentially have the locker for that ski
season; it is not a walk up coin operated; it is not a first come first serve. Cliff
Weiss said the location is not what he wanted and if you look at the Highlands
experience you have that choice day lockers or seasonal lockers; perhaps a mix
would be a better way to go with this. LJ Erspamer asked what if day use all of a
sudden turns out to be high demand and we have a resolution that it is only long
term so maybe there should be some language saying that if the market so
demands. Cliff Weiss wanted this access point, this portal, to get activity so the
day skiers would go over to this side of the mountain. Stan Gibbs suggested a
flexible mix of lockers. Cliff Weiss said maybe they should have some cubbies for
shoes at this location. Chris Bendon suggested a mix of day lockers, seasonal
lockers and shoe cubbies. Jasmine Tygre asked how long the agreement for the
lockers lasts. Bob Daniel replied permanent.
3.6 An agreement to provide a dedicated maintenance /storage facility Bob Daniel
added 290 to the blank.
3.8 A Skiing & Snow Surface Conditioning and Maintenance Agreement Cliff
Weiss wanted to eliminate "beginning of each season" in the last sentence; he was
concerned that once there was a surface lift it has to be maintained every day. Bob
Daniel offered the following language: this agreement shall maintain making.
moving, spreading and grooming of this area to include preparing an artificial
snow base in the ski and surface lift corridor in accord with annual typical
snowmaking, terrain opening logistics and mountain operations.
3.9 Final TDM Plan Stan Gibbs said it did not have enough detail in it and
Section c. Stan Gibbs said replacing the first 2 words to "There shall be" and
replacing the last word with "City and applicant." Stan Gibbs said that there
should be a lot more information and specifics of what the transportation plan will
be to connect this to the rest of town. Bob Daniel agreed with "c" and they will
work on "a ".
Bob Daniel said that some of the pages were cut and paste for the record the
supplemental transportation analysis program and the highlights were "in addition
to improving pedestrian access, managing the parking garage and supports
carpooling and alternative transportation mode Lift One Lodge commits to TDM
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City Planning & Zoning Meeting — Minutes — July 19, 2011
measures to reduce traffic associated with the project. Lift One Lodge Website
provides promotional materials, ski in ski out location and in addition proactive
sustainable measures are listed below by the trip generator for lodge guests for the
shuttle, low or no emission vehicles; a pool of 3 electric vehicles for guests not
served by the shuttle, an onsite bike fleet with helmets available May through
October. Bob Daniel said the City Transportation Department reserves the right to
verify by compliance with these provisions after the 1 St 5th and 10 year of
operations. Bob Daniel said employees get half price RFTA bus passes for a
period of 10 years, on site affordable housing, car share program for 5 years. Stan
Gibbs said that the language will refer to the TDM plan.
LJ Erspamer asked how on demand service reduces traffic rather than schedules or
shuttles. Bob Daniel said there are more alternatives and that helps reduce cars and
the single occupant and couple vehicles.
3.10 Timeshare and Transfer Disclosure Documents LJ Erspamer asked about the
last sentence "time span not utilized by owners" is that a covenant. Chris Bendon
replied that was a disclosure to people purchasing a timeshare they are required to
rent to the public. LJ Erspamer asked if this will be in the HOA. Bob Daniel
replied they would be in the regulatory real estate disclosure documents as well as
in 3.12 as attempt to get to Jasmine's concern relative to a subsequent HOA post
declaring control to come back in and change where it actually gives a City of
Right in that covenant.
3.11 An occupancy reporting requirement Jasmine Tygre requested more specific
language about the occupancy requirement; it was good but asked who will do the
report, who will the report be given to and what will happen. Jasmine Tygre said
this also goes to Cliffs concern about tourists and timeshare owners are both
guests to a certain extent but they are different and we want to know if these
timeshares are functioning at all like hotels or not and occupancy reports will give
us some information. Chris Bendon said we could add a sentence that a report will
be submitted to the Community Director. Cliff Weiss asked Jasmine what her
intent was about the timeshares. Jasmine Tygre responded that her intent was that
these don't turn into residence clubs.
Chris Bendon said they are okay with an occupancy report. Bob Daniel said the
applicant shall be required to provide an occupancy report after the 3 and 5
years of operation; the occupancy report shall be by month, season and year and by
the type of occupant and this report shall be submitted to the Community
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City Planning & Zoning Meeting — Minutes — July 19, 2011
Development Director and be made available to City Council and the Planning &
Zoning Commission.
Bert Myrin said he was on 3.10 Timeshare and Transfer Disclosure Documents the
second paragraph "maintenance of the surface lift" so that people would know that
people did not buy something private and there could be public by their window.
Chris said this was covered later about the lift.
LJ Erspamer asked if the 30 day advance notice to the public wouldn't it be better
to have a 60 or 90 day advance notice. Chris Bendon said the 30 day requirement
is in the code in the timeshare regulations.
3.16 Site Protection Fund Bert Myrin asked if this was enough to accomplish what
we wanted to accomplish.
4.5 Ski Museum Employee Housing Requirement Bert Myrin said it does not meet
the Essential Public Facility and he was not happy about the Museum because we
haven't had a lot of discussion about this with the vote that was made in 1991; it
was 20 years ago and without the historic tax, the property tax and thinks of the
museum as a public burden. Bert Myrin said it was not on its own and was
incubated on a City site and adds to an existing tax and why wasn't this done by a
developer. Chris Bendon stated there were a lot of different things; P &Z doesn't
have much leeway to reverse the 91 vote; he believed it was 100 year lease. LJ
Erspamer said it was definitely a public benefit and a great asset for the community
at the base of the ski area and could evolve to year round. Cliff Weiss said the
COWOP tried to create a piece of the 1940s at the lower end of this property into 2
parks, Willoughby and Lift One; bring skiing back and keep that Chalet
atmosphere and staff felt this was good for the community.
No comments on Section 5: Building Permit Requirements.
Section 6: Building Permit Issuance Requirements Bert Myrin said that "6d." is
being provided for the new courts; there should be some pressure to make this
volleyball court happen. Stan Gibbs said that would depend on the city doing
some planning and work.
MOTION: LJ Erspamer moved to extend to 7:30 pm seconded by Cliff Weiss
APPROVED 3 -2; Tygre and Myrin no.
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City Planning & Zoning Meeting — Minutes — July 19, 2011
Section7: Construction Management Plan Requirements Jasmine Tygre asked the
construction management plan was submitted to whom. Chris Bendon replied the
Engineering Department. Jasmine Tygre said maybe we can just in conjunction
with the Engineering Department. Cliff Weiss said that he was concerned about
the excavation and the number of dump trucks. Chris Bendon said that excavation
doesn't always work in the off seasons but it does tend to work to limit hours of
operation. Bob Daniel said after the last sentence add: parking staging,
encroachment truck and other construction traffic during peak traffic periods. Bert
Myrin asked why the Height and the Floor Area are here because it seems like the
definitions in the code. Chris Bendon replied they were not quite what the code is;
the difference is on height we are measuring to absolute height as opposed to 1/3
point or midpoint and with floor area is where the floor hits the existing slope and
below that is below grade and above that is above grade.
No comments on Section 9, 10 and 11.
Section 12: Requirements for Issuance of Certificate of Occupancy on Lift One
Lodge Cliff Weiss said there has to be an eye to fruition for this project and the
Ski Co has no motive right now to build this lift so he wants a message to Council
that this was better as a master plan and has no guarantee for the applicant to build
the lift because of the landing spot. Chris Bendon said that Bob Daniel has no
control over the Ski Co property and doesn't belong in this resolution but it doesn't
prevent you from doing it in the form of a resolution. Chris Bendon said it doesn't
bind the applicant and the applicant but expresses your opinion and is relevant in
the record. Stan Gibbs asked Chris to craft something along those lines. Jasmine
Tygre said the ground lift connecting to OneA is key to other development in that
area as well. Bert Myrin asked if the building is built and it is not LEED Gold how
do you reserve that. Chris Bendon said there were 2 checkpoint to achieve LEED
Gold with a design process and after the CO to that it is actually constructed and a
year or two later it is checked to see if it was being used the way it was built. Bob
Daniel stated the LEED program was a series of checkpoints so you can't get
constructed and built if you don't have those things in the project; you build your
base at the onset; we are designing this to get all the points.
MOTION: Jasmine Tygre moved to continue the Lift One Lodge PUD to August
2 Cliff Weiss second, all in favor APPROVED.
Concerns on other sections: Jasmine Tygre #21, Bert Myrin #13, #16, #19.
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City Planning & Zoning Meeting — Minutes — July 19, 2011
MOTION: LJErspamer moved to continue the public hearing to August r
Jasmine Tygre seconded. All in Favor, APPROVED.
PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the public hearing for Miscellaneous Code Amendments.
MOTION: Jasmine Tygre moved to continue the Miscellaneous Code
Amendments to August 2 d , seconded by Cliff Weiss. All in favor, APPROVED.
Adjourned at 7:40 pm.
ackie Lothian, Deputy City Clerk
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