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Home My WebLink Aboutminutes.apz.19780620 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 June 20, 1978 The Aspen Planning and Zoning Commission held a regular meeting on June 20, 1978 , at 5: 00 PM in the City Council Chambers. Members present were Charles Collins, Olaf Hedstrom, Welton Anderson, Joan Klar and Donald Ensign. Also present were Karen Smith and Richard Grice of the Planning Office, City Attorney Dorothy Nuttall, City Sanitarian Tom Dunlop, and Transportation Director HJ Stalf. Approval of Minutes Klar moved to approve the minutes of June 6, 1978, as amended, Ensign seconded. All in favor, motion approved. Manor House Hedstrom moved to table the Manor House Preliminary Plat Preliminary Plat to a special meeting July 6, 1978, Ensign seconded. All in favor, motion approved. FAR Definitions Nuttall submitted a memo showing the language change for the code. The Board addressed the question of including basements and appropriate definitions. Smith felt they needed further study before their recommendation to Council because of the possible impacts. Hedstrom moved to defer consideration of the amendments to FAR to the next meeting to allow further study, Anderson seconded. All in favor, motion approved. Aspen Club Smith introduced the application, She noted that this is PUD Amendment a PUD Amendment and a Subdivision Plat Amendment request. Ellis noted that several easements need to be relocated. P&Z is considering a PUD amendment and exception from full subdivision procedures. They are requesting 10,700 sqft. expansion in the clubhouse and a change in use for the Benedict residence from a restaurant to a single family residence. This would drop the original request for a 4, 440 sqft. expansion of this residence, Ellis recommends approval subject to his concerns. Smith noted that there are two criteria for approving this amendment. A PUD plat may be amended if there have been 1) changes in conditions since the time of the original approval, 2) changes in community policy from that under which the original plat was approved. The applicants feel the change in condition is the unanticipated demand from the locals. Mary Huss noted that their membership is 1300 members; 300 tennis, 900 health club members, 100 non-resident members. The Planning Office agrees that this condition has changed. They question the change in community policy. When the application was initially approved, it was rep- resented that there would be no more than 90-250 people on site at one time. The applicants also felt at that time that they would rely heavily on the residents of the Aspen Club subdivision. The applicants now feel that in order to meet the local demand, they need to expand. The Plan- ning Office feels that the potential for increased member- ship raises the concerns for four potential impacts: 1) membership, 2) intensification of the use, 3) size and massing of the structure, 4) traffic and congestion, The Planning Office is not concerned that the membership has changed to locals but wants guarantees that this will continue. Smith noted that there will be many more on site than 90250 but that this will be less intensified since there will be no separate dining facility. The Planning Office feels that the recreational club has grown far beyond the anticipated size. She noted that this is the second largest building in the Aspen Metro area, second to the High School. The Planning Office is especially concerned with the traffic situation and notes that not many people take advantage of the mass transit now avail- able, The Planning Office recommends that, if approved, some agreement be drafted with strict conditions relating to the above mentioned concerns. She also noted that they would need a conditional use approval on this expansion, Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 This would require a public hearing and notification of the adjacent property owners. Smith noted that if they recommend denial, they should recommend approval of the roof overhang for safety reasons. Ashley Anderson, representing the applicant, noted that there must be a change in condition or a change in com- munity policy. They did not foresee the response from locals that they have received. They wish to keep their rates low. They have very crowded conditions presently. They wish to expand to accommodate this and to allow more locals to join. Anderson showed the expansion on a map. The Benedict residence is presently 5, 000 sqft. with a 4 , 400 sqft. expansion previously approved for a dining facility. They are offering to give up this expansion in the spirit of a trade-off. They wish to expand 108 sqft. for pool equipment storage. He explained the need for the roof overhang previously mentioned. They wish an additional 552 sqft. to enclose an existing porch entrance and six racquet ball courts. He noted the real need for office space, expansion for the ladies locker room, mens locker room, relocation and expansion of the weight room. He noted two additional tennis courts and showed the locations. He noted that there is one ease- ment that needed relocation. They wish to cover one of the additional tennis courts with a bubble. He stressed that they want to keep the rates down, especially if they expand. He noted that they will not expand the snack bar. Anderson showed pictures of the site and the proposed expansion. He felt the expansion minimal, They do not request any additional parking. He noted that they will tow anyone who does not park in the parking area and they will initiate paid parking, He stated that they will have a City bus service the Aspen Club,. They will subsidize it and it will run every twenty minutes, Klar asked when they plan to do this expansion. Anderson said this summer. He noted that they have such a good response from locals because the rates are low and the community is such that it needs a good health club facility. Huss noted that their non-resident membership is also reasonable. Huss noted that in January and February they had up to 80% booking in the racquet ball courts . Klar asked if they could convert the racquet ball courts if it turns out to be a passing fad. Huss felt that racquet ball will continue to be popular, Smith asked Anderson the size of the club at present. Anderson estimated 42, 000 sqft, Smith estimated that the expansion will be about 25%, Anderson noted that they do not intend to expand any more after this.. Klar asked if they will retain the Benedict residence. Huss said they intend to keep it as a guest house, Anderson noted that they can sell it.. Smith said they did not want to see it become a guest house/lodge, Ensign asked what they propose as a transit schedule, Anderson said they will run it every 20 minutes. Stalf said they propose to split the Mountain Valley/ Highlands route into two routes, This would increase the Mountain Valley route from once an hour to three times an hour. This would be at the cost of the Aspen Club, He noted that the Highlands and the High School are requesting more service and they are working out a way to split these costs accordingly. He noted that a bus costs $50, 000 ($10, 000/yr. for five years) and that the Aspen Club will get part of that from the paid parking. Klar asked about the van the Aspen Club runs now.. Huss said it runs from $12, 000 to $15, 000 a year and that the paid parking and towing will help encourage use of these alternatives, They average 40-50 cars that turn over 4-5 times a day, l 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 June 20, 1978 Collins asked the status of the single family lots. Huss said they are undeveloped, unsold, and they do not have any plans for them presently. He said there are 9 single family lots and one duplex lot. He noted there are 20 condominiums on 2 building sites; 2, 3 and 4 bedroom units, all sold with a condominium association. The residents agree with this expansion. There are 80 employee, 15 hours a day, 7 days a week with two shifts. Collins asked if there is any on site employee housing. Huss stated that they use the Benedict residence. They are interested in putting in some employee housing. Collins asked if they would need more employees with this expansion. Huss said no. Collins asked if Ute Avenue continues past the Club. Anderson said it continues but it is not a public right- of-way. Smith noted that there is no requirement for a public hearing for a PUD amendment if P&Z and Council recommend approval.. They will need a public hearing for the conditional use hearing. She also noted that they need two motions to approve this. Ensign asked if they should take action on this now if they need a conditional use hearing. Smith said they can condition the PUD amend- ment on conditional use approval. Welton Anderson asked how many people are on site now during a heavy usage period and how many they anticipate with this expansion. Huss said they are averaging 300/day and 50-60 at any one time. They anticipate growing to 1, 600-1, 700 members with 400-450/day and 70-80 at any one time. They may expand their hours for the early morning people. Klar asked how much they must be booked to break even. Huss said they must have between 75-80a usage of the club and not exceed 80%. He noted that most members use the club between 3-32 times a week with some out there every day. Their hours are 7AM-10PM. Hedstrom moved to recommend approval of the Callahan PUD amendment as set forth in the letter of May 24 , 1978 , from Garfield and Hecht, inasmuch as it has been shown that conditions have changed sufficiently to warrant such amend- ments and subject to the following conditions : 1) develop- ment of a city transit system subsidized by the Aspen Club and by initiation of charges for parking and other parking restrictions satisfactory to the City Transportation Direc- tor and the Planning Office, 2) securing approval of con- ditional use for this expansion, Ensign seconded. All in favor, motion approved. Hedstrom moved to. except under Section 20-19, the Callahan PUD from full application to subdivision regulations sub- ject to satifaction of the Engineering Department' s requirements set forth in the memorandum of June 16, 1978, Ensign seconded. All in favor, motion approved. Use Determination & Grice introduced the application. He noted that P&Z must Conditional Use find that a childrens amusement arcade belongs in the Public Hearing, definition of recreational and entertainment establishments Village Pantry - which are a conditional use in the CC zone.. He noted that Childrens Amusement this is a commercial arcade and does not coincide with a Arcade teen center. He noted the similarity between this appli- cation and Alice' s Alley although there will be no alcohol served or permitted. Betty Erikson, County Human, Resources Coordinator, felt this is an excellent location and en- dorsed a facility in the commercial core for children, Grice agreed with this and did not feel it could generate any more noise than any bar in town. Grice noted a similar application named the Whale of a Wash Teen Center, This was approved conditioned upon the right of the P&Z to re-review the application after one year to consider the Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 impacts, supervision and hours of operation. He suggested similar conditions. Lori Paterson of the City Recreation Department noted that the City Teen Center will be closed for the summer. She felt that a commercial operation might do better and serve the same purpose as the Teen Center. The Planning Office recommends approval. Ashley Anderson, representing the applicant, felt it was not a Teen Center. He submitted a picture of what they have in mind; skiball, pinball, etc. There will be no alcohol. There will be adult supervision. Klar asked if the adult supervision will be someone serving hot dogs, etc. Anderson said yes. Grice read the con- ditional uses in the CC District. He felt this was closest to a social hall. Nuttall felt this was a very close question but did feel it a conditional use. Klar asked if there are any regulations on keeping the doors closed to the outside. Nuttall said there are ordinances regu- lating noise but not specifically doors. Hedstrom moved that the commission determine that the Childrens Amusement Arcade consisting of amusement games such as foosball, skiball, video games and related type activities with the added facilities for the serving of snacks and soft drinks be a conditional use under Section 24-3. 2, Anderson seconded. All in favor, motion approved. Collins opened the public hearing. Anderson read a letter from John Stoller, on behalf of Donald J. Fleisher Company, stating they did not object to this operation at this location. Bert Bidwell Bidwell owns lot QRS, Block 89. He questioned whether legal notice had been given to the property owners. Smith noted that notice may be legally given if hand delivered 5 days before the hearing. Bidwell submitted a petition requesting that P&Z deny the application. They feel this will have a negative effect on downtown Aspen and will attract youngsters downtown. They feel these children should stay out of the downtown area. They feel this will turn Aspen into a sort of "Manitou Springs" . This was signed by Bidwell, Gale Spence (lot L&M, Block 89) , Fritz Lindner (lot A, Block 89) , Emilia Kopf (lot B, Block 89) , Warner Kuster (lot NOP, Block 89) , Wendy Morse (lot IFJ, Block 82) , Guido and Trudy Meyer (5 lots, Block 90) Willie Gibbs (lot B, Block 89) . He felt he could get every- one within. a 300 foot radius to sign the petition . Martin Hershey Hershey understands that Bidwell wants to keep the kids out of the downtown area. He noted that he is an investor in this operation. He noted that he spoke with Warner Kuster and he had no objections to this operation. He stated that there is nothing for kids in the downtown dis- trict. The main problems in Aspen come from the people in the bars. He suggested a condition that they come back for review in one year. He noted that this is not to take money from the kids, it is to find a place that kids can enjoy so as not to exclude them. Collins asked if this would be restricted to certain ages . Hershey estimated that it would attract kids from 8-.13 but there will be no restrictions. Klar said she had trouble with kids between 8-13 out after 10 PM. Anderson said that if a kid is out after 10 PM, that is the parents! responsibility. He noted that they will be open to every- one. Hershey noted that if there is a seven or eight 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 June 20, 1978 year old kid out after 9 PM or so, their parents will get a call. He does not feel they will have any problems con- trolling this operation. R n rS John Ryrerft l;�Voes ftydh noted that the Ice Palace closes at a proper hour. He felt that if kids are in the downtown area, they will be influenced by the others as kids are easily influenced. He felt if they want to give something to the kids, don' t take their money. He felt if it is open to all ages, it is not a teen center. He noted that he is head of the Red Cross instructional games . Bert Bidwell Bidwell felt this is not an appropriate place for a teen center. He suggested the old hospital, the community church. He felt this will be a bad scene. Grice noted that many of his friends bring their kids with them to the downtown area and bring them into the bars. He would rather see these kids go around the corner and have some entertainment of their own. He felt the commu- nity church is too far.. Collins asked if they have a plan layout. Anderson said no. He noted that is about 1200 sgft. Welton Anderson noted that many people that visit in Aspen have trouble finding things for their kids to do. He was concerned with the visual impact. He asked if they could keep the amusement arcade image from emanating from that corner. Ensign noted that there is a sign and noise ordi- nance. Klar agreed but felt that the one year review is a good control. Ashley Anderson said they had no problem with a one year review. Grice read the conditions for the previous approval of a similar operation with a one year review. Collins felt there may be a conflict in trying to accommodate the business community and these type of operations. He noted that they have never had a successful teen center. Hedstrom felt there is a real need for this but was not s}?re this is the right place, Welton Anderson disagreed.. 3e-2 ° 'r cannot exclude children. Collins noted that kids come to town with their parents anyway„ Collins closed the public hearing, Collins asked Dunlop if they must consume the food on the premises. Dunlop said that liquor must be in a specific area but that food may be removed. Hedstrom asked if they should make any hour restrictions in the approval, Collins noted that the applicant specified hours in their applica- tion. Nuttall said these were appropriate. Ashley Anderson asked that they extend it to 11 PM on weekdays since that is curfew. John - --- -I rl�_ ��vNe5 �z--� z��d ..... asked if the motion would reflect that this is a teen center directed to the teens of Aspen. Ashley Anderson said that they want it open to everyone with the emphasis toward kids. !'John!' did not feel this would be for the kids if it is open to everyone, He felt that making money off kids 8-18 was one thing and making money off everyone was something else, He noted that the notice passed around town said this is a childrens amuse- ment center. Klar noted that they can review this in one year. Nuttall noted that they cannot anticipate all the concerns now. They must wait until the review to see the problems. Hedstrom asked what if it changes into an adult center. Ensign did not feel this a problem if there is no liquor license. Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 Hedstrom moved to grant approval of the application for a Childrens Amusement Arcade at 312 S. Mill subject to review at the commission' s option to consider whether the operation has been conducted as represented in the appli- cation, paragraph 3, items 1-6, and if there occurs objectionable noise, pedestrian travel congestion, and other adverse impacts on the neighborhood. This one year option review is made because of our concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. The approval is granted on the basis that, as submitted and proposed, the business is compatible with the surrounding land uses, Ensign seconded. All in favor, motion approved. Bank of Aspen, Grice introduced the application. Conditional Use mined a financial institution is a Public Hearing a conditional use in the NC zone. bank with no drive up window. The this is an appropriate use at this that the approved SPA overlay fina allowed uses are the same as those He noted that P&Z deter- business office which is They propose a branch Planning Office feels location. Grice noted 1 plat states that the in the SCI and NC zones. Nick McGrath, representing the applicant, noted that the P&Z made the same determination for Aspen Savings and Loan.. He stated that there will be no drive through window and no loans at this site. Collins asked if there are any specific uses listed in the SPA. Grice said just those in the SCI and NC zones. Collins opened the public hearing, There were no comments from the public. Collins closed the public hearing. Anderson asked if they intend to keep the main branch where it is. McGrath said yes, they must by state law. Hedstrom moved to approve the conditional use application of the Bank of Aspen for a detached bank facility in the Trueman Property inasmuch as it meets and conforms to the requirements of Section 24-3. 3 of the Code, Ensign seconded. All in favor, motion approved, Parry Condominiumi- Grice introduced the application. He noted that Ellis zation, Subdivision had no problems and recommends approval without condition. Exemption Danielson noted that one side is occupied by the owner, the occupants of the other side ask that the unit not be sold for one year and that there be no rent increases for one year. Danielson felt that in one year it would be sold for $130, 000 thus removing it from the employee housing market. The Planning Office recommends approval. Collins asked the location. Parry said it is off Snow- bunny Lane on the golf course. Hedstrom moved to recommend exemption of the condominiumi- zation of a duplex located on Lot 25, West Aspen Subdivi- sion, Filing #1, from the strict application of the sub- division regulations inasmuch as the intent and purposes of the regulations have been met and subject to the con- ditions offered by the applicant in paragraph 4, items 1-5, of his application dated May 12 , 1978, Ensign seconded, All in favor, motion approved. Transportation Collins asked that they postpone action on the report Committee of the transportation committee to their next regular Report meeting. Anderson moved to adjourn the meeting, Ensign seconded. All in favor, motion approved. Meeting adjourned at 7: 30 PM. , Sheryl immen, Deputy City Clerk r