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HomeMy WebLinkAboutminutes.apz.20120131 Special City Planning & Zoning Meeting—Minutes January 31, 2012 Comments 2 Minuets 3 Conflicts of Interest 3 AACP "gap issues" Code Amendments 3 Other Business 7 1 Special City Planning & Zoning Meeting — Minutes January 31, 2012 LJ Erspamer opened the special meeting of the Planning and Zoning Commission in Sister Cities Meeting Room at 4:30. Commissioners present were Keith Goode, Bert Myrin, Jasmine Tygre, Stan Gibbs, U Erspamer and Jim DeFrancia. Cliff Weiss arrived at 5:35. Jim DeFrancia excused himself at 6pm. Staff in attendance were Jim True, Special Counsel; Jenifer Phelan, Chris Bendon and Jessica Garrow, Community Development; and Jackie Lothian, Deputy City Clerk. Comments Bert Myrin distributed the list of code proposals over time; this wasn't for tonight and some have names tied to them and asked for the time to put this on the agenda. Jessica said that you are definitely next week was the prioritization of Code Amendments and you can pull from this list. Bert Myrin requested that the South Second Street be reconsidered and it can't be Bert, Jasmine or Jim to make then motion. Bert referenced the staff memo (Exhibit #2 from Bert). Jim DeFrancia stated an adverse position toward reconsidering; the action was taken and it would go forward. Public: Denis Murray said that he lives at Trainors Landing position toward reconsidering; the action was taken and it would go forward. Denis Murray recommended you take a walk into that neighborhood and right now with the snow it is very tight packed. The parking that the SkiCo has been using for 40 or 50 years and coming down Garmisch with no stop signs, buses and you can't get out on Garmisch so you have to go to Aspen to get out of town. Denis said he was going to raise the venue at Council. David Parker said that they are spreading it out and moving it out onto Juan Street. Stan said that he formally talked to Denis on the street and he agrees with everyone to get the point out and he wished that the garage entrance could be placed elsewhere. U said they were looking for something and it said the townsite should be encouraged. U said he won't support Bert reconsideration. Bert's motion dies for lack of a second. Keith Goode asked if there was an update on the condominiums at MotherLode. Jennifer Phelan stated that she had an application with draft deed restrictions that APCHA has been reviewing. Bert asked why the deed restriction wasn't finished. Jennifer replied the project was never finished and they never got the C.O. on the property. Chris Bendon said it was a tenant finish building. Jennifer Phelan asked about meetings for the future about meetings on election days the primary on June 26`h and the general election on November 6`h. Jim 2 Special City Planning & Zoning Meeting — Minutes January 31, 2012 DeFrancia encouraged not having meetings on election days and the commissioners agreed. Declaration of Conflicts of Interest None stated. Minutes MOTION: Jim DeFrancia moved to approve the minutes from January 17, 2012 seconded by Bert Myrin. All in favor, APPROVED. Bert Myrin moved to approve the minutes from January 24, 2012 seconded by Keith Goode. All in favor, APPROVED. Continued Public Hearing: AACP "gap issues" Code Amendments LJ Erspamer opened the continued public hearing. Jessica Garrow said this was a continued public hearing for the gap issues with 16 references to those gap issues. Jessica said they included neighborhood outreach with the height, mass scale or as a PUD COWOP is required to go through the neighborhood outreach and the language for that starts on page 29 of the packet. Jessica said that she could identify that in the pre-application and conference summary and if there is a document that was based on the pre-application conference summary staff highlights any issues like transportation, air quality, parking, whick we think will reach the various forms of neighborhood outreach. Stan Gibbs said the language starts on page 27. Jessica said those were the main changes to that section. Jessica said Exhibit C starts on page 31the chapter had any amendment to the land use code. The one comment on page 31 section b was changed per P&Z request asking to reference the Aspen Area Community Plan here and we can do it because it is a final plan even though it is not regulatory. Jessica said it previously said promoted the general philosophy it said further adopts the objective of the plan. Jessica said that variances were unchanged. Jessica said in Conditional Uses was changed so you have to both consistent and compatible as well as enhanced the area. Jessica said in the Environmentally Sensitive Areas on page 38 is in 8040 Greenline review and Stream Margin Review. Stan asked if that was a normal process for Council to adopt those plans. Jessica replied they are moving toward that process with the Open Space and Trails Board. 3 Special City Planning & Zoning Meeting— Minutes January 31, 2012 Jessica said on page 41 was Exhibit G and the previous version had a reference to quality construction and design so bullet point 5 is making sure that a proposed development emphasis on quality construction and design. The language added was "whether the proposed development emphasizes quality construction and design in relation to exterior materials, weathering, snow shedding and storage and energy efficiency. Stan asked if"such as" be added. Jasmine brought up the fact that there could be newer technology and "such as" would include more flexibility. Jessica said that in PUD on page 46 at the top of the page "the community" should be removed and replaced with specific master plans. Jessica said on page 47 the same change would be made to use "such as". Jessica said the next change that P&Z requested was in Growth Management on page 51 we require land uses to be compatible with the surrounding area. Stan asked on page 51 would we want to have uses with an area master plan; has the neighborhood evolved in any way. Stan said where we have general uses about land use. Jessica said so the land uses might be adopted to any master plan in Subdivision and PUD sections. Jessica said they would look at the Engineering Standards so it is up to you if you want to keep Title 28 in the document. Jessica said on page 59 off street parking that staff had changed to an adopted regulatory master plan as applicable. Jessica said those were all the changes. LT asked about the Open Space and Trails Board. Jessica replied that there was no plan that would take this to adoption other than City Council approving as an Ordinance. Chris said that there was a particular trails master plan with specific areas. Stan asked about page 53 #A3 how anybody would know what future development there might be so this might just reference master plans. Chris said an instance where this might come up is that your development uses up all the utility capacity and future developments would have to pay a price for the utilities and you would be asked to pay an amount for your share of the utilities. Jim DeFrancia asked if they could put parenthetical examples. Chris said that this section was old and needed to be updated in a holistic in way. Jessica said that Subdivision needed updating. Jessica asked if there were any other changes to the Resolution. 4 Special City Planning & Zoning Meeting— Minutes January 31, 2012 U opened the public portion of the hearing. Junee Kirk quoted from an Ordinance 3. Jessica responded that Ordinances were City Council and Resolution #3 was P&Z on this item. Bert Myrin gave Junee his packet. Junee said that Bert Myrin gave Junee his packet. Junee said that she didn't want the Aspen Area Community Plan cut out of this document. Jessica said that when the AACP is referenced as a guiding document we have references in our land use code that require consistencies but we cannot require an applicant to comply with those guiding documents. Jessica said they wanted Council, HPC and P&Z to keep their authority with mass, scale and height of the building. Junee asked about some wording in the plan that enhances P&Z but left up to the Community Development Director to know if the plans are acceptable. Chris said this section allows the developer to come to P&Z through the Community Development Department; we are allowed to accept it as an application to go onto P&Z and Council. Jessica said that this has to go to City Council and she would be happy to send Junee a copy and will go over the P&Z recommendations to City Council. Jessica went through the resolution on page 18 replacing "in relation to" with "such as" and page 20 6a) delete of the community and E4 delete "in relation to" and replace with "characteristics such as"; page 21 Section 16 and 17 are reversed and should be flipped. Jessica said per Bert take any adopted master plan on page 22 Cl and delete the last sentence. Bert wanted to go back through the resolution for the 16 points. LJ said throughout this it says Community Department staff concerned him about Chris is in charge so shouldn't it say Community Development Director or somehow shouldn't it reflect that you are the final authority on this. Chris replied it doesn't have to be him it could be staff and the boards are acknowledged such as P&Z and Council. Chris said he preferred Community Development staff. Bert said on page 16 can we say the same as last one. Jessica cautioned against that because some amendments to the land use code because when you get to variances it is an on the ground review to a specific parcel something that is an adopted land use code and in variances it doesn't meet the land use code. Chris said if there is not sufficient evidence it is a takings; it is the minimum variance required. Stan said the land use code is getting all the references to the AACP and put into the document how it should work with a guiding document. Jasmine said she thought that they were trying to make things easier to understand and while we are evaluating we should leave the Aspen Area Community Plan in there. Chris said instead of using the AACP as a law we are going to use it to create laws. Chris 5 Special City Planning & Zoning Meeting— Minutes January 31, 2012 said as Stan said to use the AACP as a guiding document to create laws but it is a guiding document. Jim True said that Chris's description of the guiding document was correct. Jasmine said the clarification has gone too far in the direction of removing the real reason that we are doing this; it is to enact to the best of our ability The AACP. Jasmine said that she wouldn't mind having it taken out of the criteria if it is put into the respective sections. Jim DeFrancia supports the staff decisions. Stan said the strength of the land use code should rely on explicitly what the land use code says. Stan said the references to the AACP are visionary and philosophical document belong where we do our job on how do we change the land use code. What should the land use code say; that should be the domain of the AACP not applications coming in because he thought it does the opposite and makes the code much more complicated. Bert said A on page 16 was that conditional use is compatible. Jessica replied that conditional use was a lot like growth management where we are talking about the uses and not necessarily what the building looks like. Jessica said it is identified in the zone district. Stan said that we were wandering in the code and agreed with Jessica. Cliff asked how conditional use was different from SPA. Chris responded that in SPA you were also talking about the dimensions of the building. Jessica stated you are varying the uses whereas conditional use is identified very clearly in the zone district as to what use is allowed. Lodging is not a conditional use. U said there were 2 issues on the table: 1 is Bert's language and the other one is Jasmine's language. Cliff said he would go with Stan and staff that you make that reference somewhere at the outset. Bert went through the Resolution with all of the 16 items. Jessica said on page 59 get to the scaling issues and compatibility. U said that they were doing traffic studies based on pedestrian movement. Chris said that Engineering, Transportation and Environmental Health are looking at a comprehensive way to ask for transportation plans and what do they do with them like how you manage your trip or deal with TDM in a holistic way. 6 Special City Planning & Zoning Meeting—Minutes January 31, 2012 MOTION: Bert Myrin moved to approve the AACP gap code amendments as outlined in Resolution #00, series 2012 with amendments; Jasmine Tygre seconded. Roll call vote: Keith Goode, yes; Cliff Weiss, yes; Stan Gibbs, yes; Jasmine Tygre, yes; Bert Myrin, yes; LJErspamer, yes. All in favor, APPROVED 6-0. Other Business Chris said that they have been thinking about the way that we do code amendments and that it might be time as one of our code amendments to talk about the code amendment process. Chris said that right now we start off with a Council Work Session without any big input from the public and then it goes to P&Z who hasn't gotten any of the specific language prior to the meeting. Chris said that they think signs are really simple or vending carts. U said it was similar to do neighborhood outreach. Cliff said that we would hear from the usual cast of characters. Jasmine said that she has always liked conceptual and then final because it does clarify your thinking. Stan said Chris didn't really explicitly say how code amendments from our list fit into the process. Chris said Community Development meets with Council about once a year to review and Council then comes back and says we want you to do these; we have to have this discussion on priorities. Jessica said next week's meeting is prioritization and that will be what this group decided what your priorities are for code amendments and then forwarded onto City Council for their work session. Adjourned at 6:50 pm. iackie Lothian, Deputy City Clerk 7