Loading...
HomeMy WebLinkAboutminutes.apz.20120207 Regular City Planning & Zoning Meeting — Minutes February 07, 2012 Comments 2 Minutes 2 Conflicts of Interest 2 700 East Bleeker (Eagles Club) Conditional Use 2 Other Business 7 1 Regular City Planning & Zoning Meeting— Minutes February 07, 2012 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission in Sister Cities Meeting Room at 4:30. Commissioners present were Stan Gibbs, Bert Myrin, Keith Goode, LJ Erspamer and Cliff Weiss. Jim DeFrancia and Jasmine Tygre were excused. Staff in attendance were: John Worcester, City Attorney; Jenifer Phelan and Jessica Garrow, Community Development; and Jackie Lothian, Deputy City Clerk. Comments Bert Myrin said the future agendas were of concern to him and he asked to meet on the other Tuesdays. Jennifer Phelan replied that we may not be able to have the meeting on the 21St. Jessica Garrow said the 215f was a potential work session with City Council on Code Amendments coming out of the AACP. Jessica said they were still planning on meeting on March 5 and the 15th of March she and Chris are both out. Bert asked if the other Tuesdays March 13th and 27th could be scheduled for Code Amendments. Jennifer and Jessica replied they need to talk to City Council first. Jessica said to think of it as a break from the long years toiling on the AACP. Bert said that he was worried that they were falling behind in the code amendments on the AACP. Jennifer reiterated that the AACP still hasn't been adopted by Council so we will get some direction from Council. Jessica said we need to hear from P&Z on the priorities for code amendments. The Sister Cities Room was scheduled for the 28th. Minutes The minutes were postponed to the next Planning & Zoning Meeting. The minutes will go to Council as a draft form for Monday, February 13th Declaration of Conflicts of Interest None stated. Public Hearing: 700 East Bleeker (Eagles Club) Conditional Use LJ Erspamer opened the public hearing. Sunny Vann provided notice and mailing. Jessica Garrow said the Eagles Club requested an amendment to their existing conditional use approval as well as a growth management review as an essential public facility. Jessica stated the Eagles Club is located on lot 3 of the Creektree Subdivision, which was approved in 1977; there is also an SPA on the property and Conditional Use approval for the Eagles Club was zoned R-6 PUD. A fraternal club is considered under the arts, cultural and civic use, which is listed as a conditional use in the R-6 zone district. 2 Regular City Planning & Zoning Meeting — Minutes February 07, 2012 Jessica gave the background on the Eagles that the Aspen chapter was established in 1901 and serves its members as well as the general public and for area non- profits. One of their primary goals is to be charitable to the local community. This request is to memorialize a commercial use that is in the basement; a series of catering companies has operated out of the basement for the past 14 years. The first 2 years were Back Door Catering and the last 12 years have been Conundrum. Jessica said that Conundrum Catering has operated on a seasonal basis 4 months in the summer and 4 months in the winter. Staff has not received any complaints about the use but was not technically approved as part of that additional use and that is why they are here tonight to memorialize that. Staff has 2 concerns related to the request: the first is the use of a space by multiple tenants over the past few years it seems that a number of business licenses have been issued for this space (either from the Farmer's Market Vendors who need a commercial kitchen); those additional businesses have the potential to increase impacts to the neighborhood. Jessica said the applicant's representative has indicated that they could support simply a catering company. Staff's primary concern is related to the Essential Public Facility designation of the Eagles Club and the use of that designation to further a commercial business. Jessica defined Essential Public Facility which serves an essential public purpose, is available for use by or benefit of the general public and serves the needs of the community. The Eagles Club very clearly meets that definition. Commercial Uses are defined as land or structures that are intended to support offices, retail, warehouses, manufacturing, commercial business, restaurant/bar or service orientated businesses. If a commercial business were going to open in a new structure in town they would have to go through a commercial management review and we are concerned about this commercial business taking advantage of this Essential Public Facility designation and not have to go through that same kind of mitigation process. Jessica said this was a policy issue question that City Council needs to address and the Planning & Zoning Commission may have some comments as well that you may want to include in your resolution. Jessica said in terms of the Growth Management Review as an Essential Public Facility that is a 2 step process and the first step is at the Planning & Zoning Commission where you make the determination of how many FTEs are generated by the use. Staff recommends that there are 3 FTEs generated by this use as is the current numbers of FTEs to Conundrum; the housing board also reviewed this and recommended the 3 employee number and also that no mitigation be required for this process. Jessica said because of the Essential Public Facility Designation staff cannot recommend in favor of this resolution. All resolutions are written in the 3 Regular City Planning & Zoning Meeting— Minutes February 07, 2012 affirmative so the resolution before you is written to approve the request including the requisitions from APCHA as well as a condition limiting the use of this basement commercial space the commercial kitchen area to Eagles Operations as well as commercial establishment producing or wholesaling prepared foods with no onsite consumption. Stan Gibbs said commercial is not a conditional use in the R-6 Zone District. Jessica replied that was correct. Jessica said this was the first time staff has seen this use in an Essential Public Facility Definition and Designation for a commercial operation. Sunny Vann said the caterer is the one that runs the kitchen operation for the Eagles; his side business is a catering company. Sunny said as Jessica pointed out the Eagles is an approved use and the commercial kitchen to provide food service for their operations for charitable events that take place within the property and Kip as Conundrum Catering on a regular basis for the Eagles Club. Sunny said P&Z is being asked to approve an amendment to that conditional use approval which would permit the leasing of the Eagles kitchen to that catering company for a provision of catering services outside the Eagles Club. Sunny said that they will ask Council to consider this an essential public facility P&Z is being asked to make a recommendation to the number of employees that would be generated. Sunny said the City Council will decide if the Eagles Club should be an Essential Public Facility with employee mitigation, reduced or waived. Jessica said the Eagles Club is in fact an Essential Public Facility and as a policy can an Essential Public Facilities lease out some of their facilities to a commercial operation and if they do should they be required to provide affordable housing. Sunny said that APCHA has weighed in on this because of the nature of the Eagles operation; they are a non-profit operation and their entire income goes to the maintenance of the building and their charitable operations and the revenue generated from leasing this is a significant component of that revenue string. Sunny said that P&Z has 4 choices in terms of the actions: you can flat out deny the conditional use amendment, which basically would have the effect of killing this here and the policy question cannot be discussed because of the outright denial is abuse of discretion or some kind of due process issue; staff is not recommending denial of the conditional use amendment. Sunny said you could approve it; you could agree with amount of employee generation is 3 and recommend that to council; and recommend that affordable housing mitigation should be required. Sunny said the alternative you can approve with the conditional use, recommend the generation is 3 employees and recommend that no affordable housing 4 Regular City Planning & Zoning Meeting — Minutes February 07, 2012 mitigation be required as did APCHA. Sunny said a 4th alternative is approve the conditional use with the conditions being suggested by staff, recommend the employee generation is 3 employees or whatever number you come up with and take no position with respect to whether mitigation is required or not be required. Sunny said that basically P&Z is being asked if a conditional use be allowed with this type of operation in that facility as an acceptable conditional use. Cliff Weiss said there was Conundrum Catering and the Gourmet Girl to go and number of vendors from the Summer Farmer's Market. Sunny Vann replied there was a Commercial kitchen down there and the kitchen portion is considerably smaller. Sunny said the City has recently amended the definition of net leasable to include all storage and associated areas that go along with a commercial operation and that net leasable is now calculated under that for affordable housing. Sunny said that Kip is in compliance as the Eagles chef. Jessica agreed. Cliff wanted to know if there was a fee charged for the other people who use the kitchen. Kip replied per usage there is a nominal fee and he thought that he was helping out. Cliff asked what volume of your business is off site rather than at the Eagles. Kip replied about half and half Cliff asked about Gourmet Girls to Go. Kip replied that he is letting her do kids cooking classes out of the kitchen. Bert asked about the prescient issue if something this is approved could this extend to churches and others throughout the community. Jessica responded they would need to get a similar approval but what is the Essential Public Facility definition and what is it trying to do and were concerned about expanding that definition so much that you have businesses or uses that are perhaps not appropriate for their zoning, their designation in the building. Bert said that if they were to prove that this is an Essential Public Facility is there anything down the road. Jessica said that's why the language in the conditional use is important so one way to approve it is a straight commercial regulation so any commercial business would be able to go in there; another way to go is restaurant bar/food service. Sunny said the applicant has agreed to limit the conditional use to a kitchen operation that if that changes it would be subject to new review based on their 3 man operation. Stan asked if she would call the commercial kitchen a non-conforming use. Jessica replied no; the reason is we wouldn't consider it a legally established non- conformity use. Keith Goode asked if you are allowed to have a commercial use in the R-6 zone. Jessica replied no. Stan explained that a conditional use is granted on a case by case basis. 5 Regular City Planning & Zoning Meeting — Minutes February 07, 2012 Bert asked if there was a way that this could move to City Council without a P&Z finding. Jessica said that P&Z needs to be comfortable in your recommendation and part of staffs job is it our reading of the code, our understanding what is going on and we do that with any application. This is a P&Z review and not a staff sign off and you need to be comfortable with whatever you are approving or not approving. Bert said so if we take your advice and follow the code and we look at this next to the resolution how can we do what you did. Sunny stated that a commercial kitchen is permitted in the building; the question is if they lease it to another entity is that acceptable as a conditional use; does it require a growth management allocation; does it require affordable housing mitigation. Sunny said it would take years of rent to pay the affordable housing fee and they may as well cease operation in the kitchen. No public comments. Cliff said he didn't see Conundrum as a new business, the fact that he is moonlighting on the side to generate some additional revenues is not a major commercial operation. Cliff said there should be limits to the little businesses. Cliff said that he doesn't see the reason for employee mitigation. Stan said he agreed with some of what Cliff said. Stan stated this property was in the R-6 zone district so anything that is not within the conditional use for that zone has to be non-conformity; he doesn't want to see non-conforming uses expanded. Stan said that he doesn't have a problem continuing the current use; he would not like to see this expand. Stan said if it were restricted to the current lease Conundrum he could go with that because it defines it well and so there are not a lot of people showing up with business licenses and keep it at one business. Stan said he agreed with the 3 employees but he said that is where the employee # should be the same. Stan said it was up to Council on the employee mitigation issue. Bert said his biggest concern was the policy of this on staffs memo page 13 and the other issue he didn't think it complied with the code. LJ said no employee mitigation shall be required but an employee audit shall be done by APCHA. Keith said he could see it if the people from the Saturday Market needed a kitchen every now and then. 6 Regular City Planning & Zoning Meeting— Minutes February 07, 2012 Sunny said that we have a conditional use approval to the amendment with language regarding it is being approved specifically for a catering company with the 3 employee and that an audit would be required by APCHA to document the 3; that any change in the operation that it is not a catering company or triggered in the increase in the number of employees would be subject to a new conditional use review. Stan requested a single business license. Jessica stated that the one business license was going to be very had to enforce because businesses move and they don't have to come in and get new signature or a new zoning check; we can include this as a condition and work with the clerk's office on the Saturday Market piece. Stan said it was for the Eagles to enforce who the tenant was. Cliff asked can we put into the resolution a clause that there is only one tenant and no sublet. Jessica suggests having that in the conditional use approval. Jessica proposed the following language: Section 1 changed to read "this space can be used for the regular operations of the Eagles Club as well as by a Catering Company or Business; they shall only have one business at any one time". John Worcester said that if you put it in the lease agreement that becomes a contract between the Eagles and Conundrum and the City doesn't have any enforcement over that. Sunny said the environmental health department inspects the kitchen regularly and they just put n a new kitchen. Jessica said in Section 3 they would add the language "that any change in the use or number of FTEs shall trigger an additional review". Cliff said P&Z is recommending to Council that they waive the additional mitigation for employee housing. MOTION: Cliff Weiss moved to approve Resolution #004, 2012 approving the use of1,881 square feet of basement space at the Eagles Club for commercial use with conditions and recommending City Council approve with conditions Growth Management for an Essential Public Facility; seconded by Stan Gibbs. Roll call vote: Keith Goode, yes; Bert Myrin, no; Cliff Weiss, yes; Stan Gibbs, yes; L I Erspamer, yes. APPROVED 4-1. Other Business Code Amendment Prioritization LJ Erspamer opened the Code Amendment Prioritizations. Jessica Garrow said there are a couple of changes schedule wise that aren't captured in this memo. Jessica said there will be a work session on the 5`h to go over all the priorities from P&Z as well as other city departments or with the potential of that being moved up 7 Regular City Planning & Zoning Meeting— Minutes February 07, 2012 to February 21'. Jessica said that they would look for broader chapters and identify specific priorities for various departments. Jessica asked Planning & Zoning to identify 5 to 10 items that are your priorities for implementation from the AACP; they might be specifically code driven along the lines of what Bert and Jasmine have provided or a broader idea contained in somewhere in the AACP in a chapter maybe that doesn't have to do with growth and development. Bert said that his #1 is Jasmine's "not to exceed the underlying zone district dimensions" and #2 would be combining #'s 22, 29, & 39 they all use the existing deficit; #3 would be #14 and Jasmine's; #4 AACP multiple times; #5 lower building heights. Stan said #41 that needs to be reevaluated for multi-family replacement; extensions of vested rights; need to make the uses in the lodge district and consistent and see if we can't make it favor lodging; #46 27,000 square foot lot for a PUD; lot coverage numbers are too high and we need to pull buildings back from the property line. LJ went with Jasmine's not to exceed underlying zone district dimensions; all parking #22, 29, 39; lot coverage too high; #46 and #10. Keith said #42, #46 PUDs on lots less that 27,000 square feet; #10 fix code; #16 tax exempt list; #45 avoid AH units sitting empty. Cliff said his #1 was to revise steep slope reduction; #2 revise criteria for stream margin in particular the 8040 Greenline Review; #3 reduce downtown zone building heights, bring down infill; #4 amend City and County Codes to reduce exemptions such as sub-grade space and garages; #5 from the AACP explore amend the land use code for potential design standards and volumetric floor area. Stan wanted to second Bert's passing on credits for deficiencies. Cliff wanted to revise the 2 jurisdictions of the 2 boards the HPC and the P&Z; how many times have we found that HPC makes decisions about things that fall under P&Z jurisdiction. Cliff said there are some issues like height, mass and scale should fall under P&Z whether they are in the Historic District or not. 1. Jessica said the PUD on less than 27,000 square feet should have the ability to at least explore that. Stan said that it should be on a complex lot. Cliff said he would rather see it to be review the PUD process. 8 Regular City Planning & Zoning Meeting — Minutes February 07, 2012 2. Jessica said the extension of veste&rights #42 on the list that they should not be vested continually. Stan said they move to the current code. 3. Jessica said not being able to carry forward a deficit, parking, pedestrian amenity space. Stan said it was like expanding non-conformity to him. 4. Jessica said the idea of lowering heights in general and in infill and changes to infill code in general which would relate to mitigation, height, floor area, setbacks. 5. Jessica said the lot coverage would be minimizing site coverage through mass and scale. Cliff said he was looking for bigger themes to give to Council. 6. Jessica said to look into parking, poorly designed and deficits. Jessica said updating Stream Margin and 8040 Greenline. Cliff added steep slope. 7. Jessica said Lodge uses in the lodge district. 8. 50% too low for multi-family replacement. 9. Avoid AH units sitting empty without a CO like the MotherLode. 10. Bert said the zoning in the land use parcels on page 28 of the appendix AACP. Jessica said we did this with residential as a blank and blank to be filled in. Jessica said that she will pull this list for comments from the commissioners. Adjourned at 6:55 pm. Jaikie Lothian, Deputy City Clerk 9