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HomeMy WebLinkAboutminutes.apz.20230919 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 19TH, 2023 Commissioners in attendance: Maryann Pitt, Tracy Sutton, Marcus Blue, Eric Knight, Ken Canfield, Jason Suazo, Tom Gorman, Christine Benedetti, and Teraissa McGovern. Staff present: Jeff Barnhill, Planner I Amy Simon, Planning Director Kate Johnson, Assistant City Attorney Luisa Berne, Assistant City Attorney Tracy Terry, Deputy City Clerk COMMISSIONER COMMENTS: None. STAFF COMMENTS: Amy Simon told the Board that the October 3rd meeting is cancelled. PUBLIC COMMENTS: None. MINUTES: Mr. Gorman motioned to approve the minutes for August 15th, 2023, with amendments, and the motion was seconded by Ms. Sutton. Ms. McGovern asked for a roll call: Mr. Blue, yes; Mr. Knight, yes; Mr. Canfield abstained, Mr. Suazo, yes; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes; for a total of six (6) in favor – zero (0) not in favor. The motion passed. DISCLOSURE OF CONFLICTS OF INTEREST: No Conflicts. SUBMISSION OF PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that notice was provided. PUBLIC HEARINGS: 809 South Aspen Street - Shadow Mountain Village - 8040 Greenline Review Resolution #7 Mr. Barnhill introduced himself and explained what an 8040 Greenline review is. Applicant Presentation: Chris Bendon - Bendon Adams Mr. Bendon introduced himself and Karen Hartman, President of the HOA. He said the genesis of the 8040 review started in the 70‘s as a review of development at that elevation because water pressure started to become an issue and it’s also the elevation where you can start seeing things from town. Related work in the public ROW also in the application. He explained the location and the project to the board. He said there have been lots of changes in the neighborhood with Lift 1A and Gorsuch House surrounding the property. Ms. Hartman thanked the Board and gave some history of the property. She said it has been a long process, but she is happy to be at this point. Mr. Bendon said there have been 3 administrative 8040 approvals by staff and finally they said that a full application needed to be presented. There are a lot of little things that required them to be here. A lot of Reconfiguration of accessways and stairs along with improvements to the landscape, drainage, resurfacing of parking area, tree removals, updating the AC system, rebuilding decks and, updating the property overall. There is a tram that is not being touched. There will be improvements to public areas like the pool, fireplace, and patio area. The landscape plan includes 17 new trees. There are improvements in the public right of way, the stairs going up to a property will be redeveloped. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 19TH, 2023 They would like to make one change to the resolution, the wording to section 1 in the lists of conditions, the wording says, “conditions including but not limited to”. They would rather it say Parks or Engineering department has the following conditions or include an additional bullet point under each list that says the additional condition or requirement. Mr. Barnhill said the city agrees with that. Mr. Gorman asked if the Engineering department was comfortable with the work done to stabilize the site. Mr. Barnhill said that a lot of that work was done under one of the administrative approvals and Engineering was ok with that. Mr. Gorman asked if the public gains a benefit from the stairs since they are in the public right of way? Chris said their big parameter was not increasing the square footage of stuff in the Right of way. He said the city requires the HOA insurance policy to extend to the stairs. Ms. Sutton asked if that pertains to the deck as well and if the deck is open to the public. Mr. Bendon said yes that does pertain to the deck and the deck is technically available for public access but will be partly on private property. He said the improvements will look like private property. Ms. Sutton asked if the city is not responsible for anyone going up the hill on the sidewalk. Ms. Johnson cautioned against that question as it is not relevant to this board. Ms. McGovern asked if there was an accessibility review required since the sidewalk is in the public right of way, is not accessible, and if it is required to be accessible? Ms. Johnson said that will be part of the building permit review. Mr. Suazo asked about the parking lot right of way, he said there were three to four parking spots used but were taken out of the square footage. He asked if that will be repaved. Mr. Bendon said they are repaving that, but he cannot remember how Engineering figured that out. Ms. Pitt asked if the trees that would be taken out will be replaced. Mr. Bendon said yes. Ms. Johnson said that is a condition of Parks code. Staff Presentation: Jeff Barnhill – Planner I Mr. Barnhill presented on the 809 S Aspen Greenline review. He said the current zoning is lodge. He gave the history of approvals for the property. He showed the criteria for the 8040 Greenline review and the conditions of approval that are in the resolution. When staff was reviewing the review criteria, they found most of the criteria met or not applicable, one thing that helped the property is it’s largely developed. The increased impervious area created and the fact that the property is in a mudflow zone is what pushed the request into P&Z’s hands rather than administrative approvals. Staff recommends P&Z approve the requested land use review with the conditions outlined. Mr. Blue asked what the use of the tram is. Ms. Hartman said it is mainly used to transport people with luggage to the upper units. Mr. Suazo said he is confused about the right of way and what their purview is. Specifically, can they revoke the encroachment licenses. Ms. Johnson said the city does issue revocable permanent encroachment licenses, there are some terms in those licenses that dictate when or if they can revoke it and/or require removal of certain items in the right of way. It is a common practice to use those to REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 19TH, 2023 allow certain things to be placed in the right of way. She doesn’t think P&Z has much preview over the terms of the encroachment permit and she thinks their review is limited to the 8040 Greenline criteria set forth by Mr. Barnhill. Ms. McGovern said their purview is not necessarily about public right of way, their relevant criteria is for the 8040 Greenline review. Ms. Johnson said they are looking at this for 8040 purposes, but it does go into the ROW. It must comply with 8040 review whether it is in the ROW or not. She told the board they are looking at development conditions of slope, ground stability, and things that take the right of way issue out of it. They are looking at what is being put there and evaluating what they want to put in that area with the conditions as we see them. Mr. Suazo said it was mentioned that there is no ADA access and it’s not improving the property and not everyone can use it so its not public per say, it’s not really useful for anyone but the HOA. Ms. Johnson said that does not necessarily run afoul of their criteria. They discussed conditions, purview, and criteria. PUBLIC COMMENT: None BOARD DISCUSSION: Ms. McGovern reminded the board to use the criteria given to decide if conditions have been met or not. Ms. Pitt said most of the criteria has been met and would like to move forward. Mr. Blue said it ’s good they are making improvements and increasing the health of the property in general, everything seems to be met. He questioned the ADA accessibility. Mr. Canfield favors the resolution as somebody who skis that side of the mountain. Ms. Sutton thinks they have met the criteria and she is for it. Mr. Gorman said he has no problem with it. Ms. Benedetti said it seems straight forward and supports it. Mr. Knight thinks the review criteria has been met and supports it. Mr. Suazo said the remodel is fine, the right of way gives him pause, the half third deck and stairway to nowhere is ridiculous but supports it. Ms. McGovern said she thinks the project is in compliance with their review criteria. The accessibility concerns have been addressed and she is in favor of moving it forward. Ms. Johnson proposed appropriate motion language to amend the resolution. MOTION: Mr. Canfield moved to approve resolution #8 with amendments. Mr. Gorman seconded. Roll call vote: Mr. Blue, yes; Mr. Knight, yes; Mr. Canfield, yes; Mr. Suazo, no; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes. 6-1 vote, motion passes. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 19TH, 2023 Mr. Canfield motioned to adjourn the meeting. Mr. Blue seconded. All in favor, meeting adjourned. Tracy Terry, Deputy City Clerk