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HomeMy WebLinkAboutminutes.apz.20130219 Regular City Planning & Zoning Meeting— Minutes February 19, 2013 Comments 2 Minutes 2 Conflicts of Interest 3 605/675 S Alps Rd — 8040 Greenline and other PUD Amendments 3 605 S Alps Rd — Zone District for annexation petition 6 1 Regular City Planning & Zoning Meeting— Minutes February 19, 2013 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission for February 19, 2013 in Sister Cities Meeting Room at 4:30. Commissioners present were Stan Gibbs, Jasmine Tygre, Bert Myrin and LJ Erspamer. Jim DeFrancia, Cliff Weiss, Ryan Walterscheid, Keith Goode were not in attendance. Staff present were Debbie Quinn, Assistant City Attorney; Jennifer Phelan, Deputy City Community Development Director, Jessica Garrow, Community Development; Reed Paterson, Municipal City Clerk. Comments Bert Myrin thanked everyone on City Council for attending the City Council meeting on code amendments; he passed out a memo from staff to City Council and P&Z. Bert asked to schedule code amendments on parking and Growth Management. LJ said they were doing a parking study and we can prepare for that parking study. Jennifer said she didn't know what he was talking about but there was traffic generation study that was going on right now. LJ said that was it. Jennifer said it was looking at vehicle trips so not parking per se but vehicle trips for different uses. Jasmine said it would be nice to have more than 34 people here so we could wait until our next meeting. Bert said that makes sense. Jennifer said that they have received a number of applications for Growth Management so they are going to start filling up some meetings. Bert said he did not want this to slip off for another year. Bert said that the Mountain House was in the newspaper about being sold and it is yet another lodge may be lost; we should start to address the problems. Jasmine said this is really hard because we have already established a work priority and then the next crisis pops up and what can we do about that. Bert said that we spent a year getting to the 2; Council is working on the lodging in a different way; they are not working on the zoning they are working on it in different methods. Jasmine said that doesn't mean that they couldn't work on it informally to send some information to Council is one of the things they might consider is a way to attack this is through zoning without being very specific. Jennifer said that Jessica has added an agenda item on the regular meeting to discuss code amendments. Jennifer said that Jessica would like you to think about your priority changes or concerns related to environmentally sensitive areas, the PUD chapter and the SPA chapter and Jessica is meeting with staff and outside planners. Minutes 2 Regular City Planning & Zoning Meeting— Minutes February 19, 2013 MOTION.- Bert Myrin moved to approve the minutes from January 8`h, seconded by Jasmine Tygre. All in favor, APPROVED. MOTION.- Bert Myrin moved to approve the minutes of January 15`h, Jasmine Tygre seconded. All in favor, APPROVED. Disclosure of Conflicts of Interest LJ Erspamer stated that his wife had notarized a document in the packet but he didn't have any conflicts with the public hearings. Public Hearing: 605/675 S Alps Rd — 8040 Greenline and other PUD Amendments LJ Erspamer opened the public hearing. Jennifer Phelan presented the notices to Debbie Quinn and Debbie said they apply to both and they are appropriate and adequate. Jennifer Phelan said 605 S Alps Rd is Lot 1 & 2 of the Moses lot split and the applicant is South Alps Road LLC and Icie Jackson LLC. The applicant is being represented by Alan Richman of Alan Richman Planning. The public notice is Exhibit E in the record. Jennifer said the applicant is proposing building an addition to this property on Lot 2, 675 S Alps Rd. The addition requires 8040 Greenline to build the addition and the applicant is proposing to amend the size of the lots for 1 & 2 and to amend more importantly the floor area allotted for each lot; with this amendment in floor area that triggers other PUD Amendments. Jennifer provided background on this that in 1987 the lot split was approved in that plat and permitted 2 single family homes, one on each lot and capped floor area for each lot at 3800 square feet. In 1992 the owner of Lot 2 acquired land surrounding some of that Aspen Alps Buildings and through some negotiations and in conjunction with the Aspen Alps they were able to increase the lot size of Lot 2 so it became a bigger lot and were able to increase the floor area of Lot 2 to 5,000 square feet. In 2006 there was an 8040 Greenline was approved for Lot 2 and the current house that is sitting there today is what was built. Jennifer said currently the maximum floor area for the 2 lots is 8800 square feet total. Jennifer said the applicant was asking to do is increase the Lot 2 cap from 5000 to 5800 square feet in floor area and reduce the cap on Lot 1 from 3800 to 3000 therefore they would still be maintaining that overall total of floor area allotted for the subdivision. As part of the whole package the applicant is requesting to make Lot 2 bigger; they; some of the lot sits outside the municipal boundaries so it is in the county. There was an initial application to switch the 3 Regular City Planning & Zoning Meeting — Minutes February 19, 2013 floor area it was brought out that some of the lot was in the city and some was in the county so they are proposing to clean that up and also requesting to restore a historical development right on Lot 2 but they aren't asking for an increase in floor area; they are just asking to switch the floor area around. The request was to build a small addition on the back of the building; they are asking for 800 square feet in floor area even though they are using less. Jennifer said they are asking to enclose the existing porch area to include a mudroom on the front of the house. The application can be built without any hazards that may happen in the area. Jennifer said the other review is final at P&Z for the 8040 Greenline; the other part of this review is the recommendation to city council on the Planned Unit Development. Staff believes that reallocating the floor is okay and will be memorialized through City Council. With Lot 2 getting bigger it will push any development on Lot 2 away from the steep slope; they will be providing a larger trail easement which is a community benefit. Staff recommends approval with the outlining conditions. Stan said that neither lot area was provided by the lot size, in this table 2 it says the lot size is 3880; isn't that bigger than the approval. Jennifer replied that it wasn't really bigger than the lot size. Bert said on page 3 he was trying to understand the floor area; are the numbers that are provided in table 1 and do they disregard any reduction for slopes; is that just the agreement. Jennifer replied that table 1 is outlining just what is permitted now; it doesn't reflect lot area or anything like that but the overall cap will be the same for the overall subdivision. Jennifer said that table 2 talks about the actual lot sizes that shows the amount of lot area that is there. Jennifer said that Lot 1 was capped at 3800 square feet in 1987. Jennifer said they were applying today's regulations; the 1992 approval is what is approved for Lot 2 has been built at 5000 square feet. Alan Richman said they were negotiated floor areas and that what they have always been. Stan asked the TDR allowance when it lands on this kind of property. Jennifer replied it was 250 square feet. Alan Richman said he was representing the owners of Lot 1 and Lot2 of the Moses lot split; Alan introduced Neil Karbank who manages the 2 LLCs and Sam Carmedy who is the owner's representative. Alan said the basic PUD amendment for this project was to swap floor area between these 2 lots. Alan said when Gaard Moses came in 1987 there were numerous bandit units on this property and the 4 Regular City Planning & Zoning Meeting— Minutes February 19, 2013 Planning Zoning Commission at that time said they would allow 2 units and not let you replace all of these units that are on the property and Garrd was assigned the floor area of 3800 square feet. Alan said in 1992 when the owner of Lot 2 was able to purchase some property around the Alps; he increased his lot to work with a 5,000 square foot with permanent vested rights. Alan said they were just trying to change in the distribution of 8800 square for Lot 1 to be 3800 square feet and engineering made specific recommendations regarding reinforcing the door and window openings. Alan said there hasn't been a study for Lotl but based on everything that we have seen so far; it seems to realize obvious to him that the best solution for these properties is less of a development of Lot 1 and more development on Lot 2. Alan said they are taking 800 feet off of lot 1 and this is compatible. Alan said they have agreed to purchase a TDR, this doesn't require a TDR and are looking for a public benefit and to increase the land and to have one set of land use regulations instead of one with the city and one with the county. The third thing is Parks and Engineering have asked that the trail in this portion and was deeded in 1987 and was restricted and deeded only on the plat; today the city requires 20 feet for an easement and has a document that accompanies the easement that makes it clear of who is responsible for what and how is it done. Alan said they have been asked to increase the size of the easement and have been prepared to do that. Stan asked where the land would be swapped is. Alan utilized a plat to show the area that move between the two; it is the steep portion of the lot; there is no real reason because the floor areas aren't based on lot size despite that fact Alan thought it made sense to reduce that size of Lot 1 down and Lot 2 down to a 15,000 square foot conforming lot and we are increasing Lot 2 as much as we can. Jasmine asked if the TDR on lot 2 is going to be extinguished. Alan replied we will buy it and extinguish it, correct. Jasmine said so then with the TDR are they going to ask for more square footage on Lot 1. Jennifer replied that it was a PUD so they would have to amend the PUD to do that. Bert reiterated his question from page 3. Alan said before the city imposed that 25% there used to be plenty of land to justify that floor area assigned to these spots and now that has been overlaid retroactively there isn't enough land to do that. Alan said the 8800 is assigned by the PUDs that are for the property so technically you are granting a PUD variance. 5 Regular City Planning & Zoning Meeting —Minutes February 19, 2013 LJ asked there was a discrepancy in the survey. Alan showed the overlap so the survey shows an overlap between Lot 2 and Lot 7 of the Aspen Chance Subdivision; the legal description has common property between the two lots. LJ asked what the county says about this annexation. Debbie Quinn replied that notice has to be given to the county before the hearing to Council. No public comments. Commissioner Comments: Jasmine said this was a classic PUD where you are just moving around square footage on a particular site in order to achieve a better solution to building houses there. Jasmine said this was a very reasonable situation and basically what a PUD lot is. Stan said it was a reasonable proposal and the community benefits were more than offsetting any concern. Bert agreed with Jasmine and his concern was the 400 square feet. MOTION: Jasmine Tygre move is approve Resolution 5, series 2013 approving and 8040 Greenline Review and recommending City Council approve the PUD Other Amendments with condition for 605 and 675 S Alps Rd; seconded by Stan Gibbs. Roll Call: LJErspamer, yes; Stan Gibbs, yes; Jasmine Tygre, yes; Bert Myrin, yes. APPROVED 4-0 Public Hearing: Lot 1 Moses lot split— 605 S Alps Rd. LJ Erspamer opened the public hearing. Notice was provided in the first hearing for both lots. Jennifer Phelan stated it was the same applicant South Alps Road LLC that also owns Lot 1 and part of Lot 1 sits outside the Aspen boundaries. Jennifer said there were some state requirements with annexation for meeting the continuity requirement and the property needs to be rezoned. Staff is recommending that this balance of the lot that is proposed to be zoned the same as the same zoning that the area within the city limits is zoned which is R-15 PUD. Bert asked how do you decide if something gets annexed into the city or the county. Alan replied they would have to de-annex from the city to the county. Alan said this should have been annexed into the city in the beginning. 6 Regular City Planning & Zoning Meeting— Minutes February 19, 2013 Public comments. Cliff Weiss and said this application was before P&Z a long time ago but he would like P&Z to ask the information about the amount of subgrade space. Cliff said if they are building multilevel subgrade space and giving you an FAR of 3,000; is it 10,000 or 3,000. Alan said this is not the same owner as in 2007 and this house has to go through 8040 Greenline. MOTION: LJErspamer moved to approve Resolution #6, 2013 recommending approval of a portion of Lot 2 Moses lot split subdivision, 605 Alps Rd. Roll call: LJErspamer, yes; Stan Gibbs, yes; Jasmine Tygre, yes; Bert Myrin, yes. APPROVED 4-0. - - - - - - - - Other Business: Jennifer Phelan noted that May 7th was the city election and that will be cancelled and would reschedule on the 14th of May or the 4th Tuesday which would be May 28th June 4th maybe a runoff. Adjounned.6:pm. Tackie Lothian transcribed. 7