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HomeMy WebLinkAboutminutes.apz.19781017 BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission October 17 , 1978 The Aspen Planning and Zoning Commission held a regular meeting on October 17 , 1978 , at 5: 00 PM in the City Council Chambers. Members present were Charles Collins, Ellen Anderson, Olaf Hedstrom and Joan Klar. Also present were Karen Smith, Richard Grice and Jim Reents of the Planning Office. Approval of Minutes Hedstrom moved to approve the P&Z minutes of October 10 , 1978, as submitted, Klar seconded. All in .favor, motion approved. Klar moved to approve the minutes of the Aspen Independent Commission of October 10, 1978, as submitted, Anderson seconded. All in favor, motion approved. Collins abstained from the vote. Arrowhead, Smith introduced the application. The applicant wishes Preliminary Plat to create a new building with 4 apartments substituting two existing duplexes . She noted that the City Engineer ' s concerns have been satisfied. She noted a concern from Heiko Kuhn of the Aspen Metro Sanitation District that there should be care taken when the trunk line is connected because of the depth of the trunk line in that area. The Fire Marshall asks that the eastern portion of the alley be kept clear for fire access. She noted a declaration of covenants prepared by the applicant' s attorney to be recorded with the approval. This ties one unit to the Low Income price catagory over five years with no infla- tion. City Attorney Ron Stock approves this approach. The 1600 sgft two bedroom unit will rent for $581. 40. There will be three two bedroom units and one three bed- room unit. The Planning Office recommends approval con- ditioned upon satisfaction of the City Engineer' s comments, attention to the comments of the Aspen Metro Sanitation District, maintaining clearance on the north side of the parking area for fire access and recording of the declaration. Klar asked how many bedrooms the new building is replacing. Smith said the existing total is 7 bedrooms and the pro- posed is 9 bedrooms. Klar asked which unit is the Low income unit. Russ Pielstick, attorney for the applicants, said unit C. Collins opened the public hearing. An anonymous lady asked the height of the building. Pielstick said it would be three stories . Smith noted that they must comply with the code limit of 28 ' . Another anonymous lady asked if there would be four units in two duplexes. Smith clarified that there are presently four units in two structures and there would be four units in one structure. An anonymous man asked how far forward the building would sit on the property. Pielstick said the building sat on a diagonal. Another man from the audience asked if all the units will be long term. Pielstick said there will be one long term and the rest will be condominiumized. Smith noted that there is a commitment that all the units would be subject to a six month minimum lease and one unit would be low income housing for five years. Anderson asked how the low income tenants will be chosen. Smith said the County has the Housing Director to evaluate the possible tenants and the City does not have a similar procedure. She noted that the applicants wish to house a live in manager for the property. Anderson asked if -2-, Regular Meeting Aspen Planning and Zoning Commission October 17, 1978 the tenant would get a trade off for managing. Pielstick said yes. Smith noted that the tenant occupying this unit at the time it is to be sold will have the right of first refusal. Klar asked the zoning on this property. Smith said Multi Family. Klar asked the previous rents on these units. Pielstick did not know. Smith said they were Low. Klar expressed her concern with the impact of these appli- cations. She felt they were encouraging the turn over of certain income brackets. Ordinance 53 gives them some control but does not stop the problem. Anderson asked the history of the tenants in the existing building. Smith said the leases were up around the time the buildings were sold and the leases were not renewed. Collins noted that the compromise was to have one of the four units be employee housing. Collins closed the public hearing. Hedstrom moved to approve the Arrowhead Preliminary Plat subject to the following conditions : 1) all units be subject to a six month minimum lease, 2) the City Engineer ' s recommendations be carried out as contained in his memo of October 12 , 1978 , 3) attention be given to the service line depth onto the building as suggested by the Aspen Metro Sanitation District, 4) clearance be maintained on the north side of the parking area in order to preserve the only fire access to the east of the building through the alley, 5) recording of covenants concerning the $581. 40 rental for a period of five years for the employee unit agreed upon by the City Attorney and the applicant, Klar seconded. Klar noted that she did not want to support this and would look more closely at future applications. Collins agreed that there are loopholes that need to be filled but noted that they must look at the application under the present laws. Smith agreed with this. She noted that the para- meters for this were set at the conceptual submission. She also noted that this is the last application under Ordinance 53 because of pending amendments. Anderson understood that one unit is for employees but noted that it will be gone in five years. She did not support this trend. Smith noted that the new ordinance will require a look at the rental history for five years. Klar asked if they can apply that condition on this application. Smith said no. Hedstrom agreed that they must review this under the present regulations. Roll call vote: Anderson, nay; Klar, aye; Hedstrom, aye; Collins, aye; motion approved. Resolution - Anderson moved to approve the resolution of the Aspen Growth Management Plan Independent Commission, Klar seconded. All in favor, motion approved. Le Cuisinier and Grice noted that these are similar applications. They Your Pizza Run, are both commercial bakeries wishing to locate in the Use Determination S/C/I zone. Le Cuisinier wishes to locate in space #19 in the Mill Street Building. Your Pizza Run wishes to locate in the River Front Building. Le Cuisinier wishes to open a retail/wholesale/catering bakery, Grice noted that the S/C/I is located in two limited areas . He stressed the necessity to preserve this area for the specific uses listed in the code. -3- BRADFORD PUBLISHING CO.,DENVER R E C O R D O F P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission October 17 , 1978 Grice read a section of the code which specifically pro- hibits over the counter retail dispensing of baked goods in the S/C/I district. The S/C/I district generates a minimal amount of traffic and they wish to preserve this. The Planning Office recommends that the P&Z determine that production, wholesaling and catering is a permitted use in the S/C/I zone but prohibit retail sale of baked goods on the premises. They also recommend approval of Your Pizza Run ' s application. Anderson asked if the retail is only 10% of their space why it is so important to them unless they anticipate alot of business. Grice noted that most bakeries only need a small counter to display their goods . Jon Seigle, representing the applicant, asked them not to consider this application as another Little Cliff ' s. There are currently 40--50 restaurants in town that bur their specialty products. He noted that a majority of the uses in this building are retail uses. He noted a petition from every owner of the businesses in the building supporting this use. They are asking for a counter 6 ' x 2 ' x 3 ' to display their cakes. They anticipate this will be 10% of the business. They will not be selling single pieces of the cakes. They do not understand why they can deliver the cakes but not sell them over the counter. He noted that there are 150 spaces for parking. Anderson asked how many parking spaces are reserved for employees. Seigle noted they have two spaces . He felt this is a unique opportunity for Aspen to have a specialty food bakery. He produced pictures of the goods they bake. Dean Small, one of the bakers, noted the difference be- tween a bakery and a specialty foods shop. He noted that many people have inquired how they can purchase their goods after having had them in the restaurants, Their products need special care and refrigeration and it would be difficult to transport them to another location for sale. Seigle noted that this will be an adjunct to their main industrial business. Klar asked where they are lo- cated presently. Small stated that they are sharing space with the Aspen wholesale Bakery at the Airport Business Center and their lease is up this month. Hedstrom wanted to approve the application but noted that the retail part of the business is strictly prohibited. Anderson agreed. Collins feared that they will push out the uses that are intended for this district. Hedstrom moved that the P&Z determine that a commercial bakery and catering business is a permitted use in the S/C/I zone and the definition in the code for commercial bakery be specifically applicable, Anderson seconded. All in favor, motion approved. Hedstrom moved that the Planning Department prepare a revised definition of commercial bakery to include a restricted, clearly defined and limited sale of baked goods on the premises, Anderson seconded. All in favor, motion approved. Klar asked the Planning Office to issue a note to the Building Inspector regarding their concerns of uses in this district. Hedstrom moved that the P&Z determine that Your Pizza Run, consisting of pizza bakery with delivery service, is a permitted use under the S/C/I zone, Klar seconded. All in favor, motion approved. -4- Regular Meeting Aspen Planning and Zoning Commission October 17, 1978 Holy Cross Visual Roents introduced the .application. He noted that the Arts Center, conditional use determination is for the existing struc- Conditional Use ture and the proposed expanded and renovated structure. There have been no objections from surrounding property owners. The Planning Office finds that it meets all requirements for conditional use. He noted a letter of application from Marty Kahn, representing the applicant. Kahn, noted that the addition will house the backup for the museum space, a shop, storage and mechanical room. The exhibition space will be two floors: the first for larger pieces and the second for smaller exhibitions. The front will have a drop off area and the parking will be primarily in the City parking lot. There will be an entrance into the second floor by a bridge from the street. They hope to start construction October 25 with the P&Z ' s approval. Collins opened the public hearing. There were no comments. Collins closed the public hearing. Collins noted his concern for the parking situation. Kahn said the turnaround is for deliveries and access for handicapped people. They hope that people will walk to the site or drive and park in the City lot. Missy Thorne noted the location of the parking on site. She noted that the County trail will run through the property which may generate more visitors. Reents noted that the solution to the possible problem at that intersection lies with the City. Hedstrom moved to grant conditional use approval to the Visual Arts Center in the expanded and remodeled Holy Cross Electric Building isasmuch as the criteria of the code Section 24-3. 3 have been fully satisfied, Anderson seconded. All in favor, motion approved. Lyle Reeder, Grice introduced the application. The applicants wish Subdivision Exemption to divide Lot 15 of the Ute Addition into two parts . The parcel is currently divided by the access road to Aspen Mountain. Reeder owns Lot 17 and holds options to purchase Lot 16. The City Engineer had three conditions of approval that have been satisfied. The City Attorney was concerned with nonconformity since one lot cannot meet the minimum lot width. He suggested wording appear on the plat to indicate that development would only be allowed in connection with adjacent lots. Hedstrom moved to recommend granting exemption from the full application of the subdivision regulations on the Lyle Reeder subdivision application dividing Lot 15 into 2 parcels subject to the following conditions: 1) develop- ment on that portion of Lot 15 called "Lot 15B" is only allowable in connection Lot 16, Ute Addition to the City of Aspen, 2) development on that portion of Lot 15 iden- tified as "Lot 15A" is only allowable in connection with Lot 14, Ute Addition to the City of Aspen, Klar seconded. All in favor, motion approved. U.S. Post Office, Smith requested they table this item to November 7 , 1978 . SPA, Public Hearing Collins opened the public hearing. Klar moved to continue the public hearing and review of the Post Office SPA application to November 7 , 1978 , Anderson seconded, All in favor, motion approved. -5- BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission October 17 , 1978 Code Amendment, Smith introduced the item. The amendment would add Coffee Shop in S/C/I coffee shops as a conditional use in the S/C/I district. She submitted materials for the public record. She noted a similar amendment adding coffee shops in the C-1 district as a conditional use. She stressed the necessity of pre- serving the S/C/I district because of the limited space. Bob Andrews agreed with Smith' s concerns. He felt the question was not whether there is a need for this type of activity but whether there is enough S/C/I zoning in the town. He itemized a total of 61, 000 existing square feet of S/C/I space and noted the possibility of 60 , 000 additional square feet of space. He also noted 400 possible parking spaces in the vicinity. Collins felt it worthy that they upgrade the buildings but warned against squeezing the uses intended for this zone. These uses are now moving out to the Airport Business Center and they wish to retain these service uses in town. Hedstrom agreed with this. He felt it would be advantageous to have a coffee shop in this area but could not approve this use in this district. Klar agreed. The Board did not support this amendment. Code Amendment, Grice asked Hedstrom if he would clarify his previous Clarification of recommendation to the Planning Department to redefine and Commercial Bakeries clarify commercial bakeries in the S/C/I district. Grice in the S/C/I Zone preferred a crystal clear guideline for those who must interpret it. Hedstrom said Grice may interpret his motion broadly in drafting the amendment. Oppens-Uhlfelder Grice introduced the application. The applicant owns Subdivision four lots which are 140 ' long at the corner of Gillespie Exemption and Fourth. They wish to cut out one lot for the purpose of single family development. This is allowed under Ordinance 3, 1978 . The City Engineer recommends approval subject to the preparation and recording of an approved exemption plat with the new lot line descriptions. The City Attorney recommends approval. Yan Mulford, representing the applicant, noted that the lots have been previously divided exactly as they are pro- posed. Collins asked if the previous division was legal. Mulford assumed so. Hestrom moved to recommend exemption from the strict appli- cation of the subdivision regulations the replatting of Lots 7 , 8, 9 & 10, Block 99, as requested by Oppens- Uhlfelder, subject to the preparation and recording of an improved exemption plat showing the new lot line descrip- tions acceptable to the City Engineer, Klar seconded. All in favor, motion approved. Hedstrom moved to adjourn the meeting, Klar seconded. All in favor, motion approved. Meeting adjourned at 7 : 50 PM 9 s :_ Sheryl men, Deputy City Clerk