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HomeMy WebLinkAboutminutes.apz.19991019ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Jasmine Tygre, Vice-Chair, opened the regular meeting at 4:35 p.m. in the Sister Cities Meeting Room. Commissioners present: Steve Buettow, Roger Haneman, Roger Hunt, Tim Mooney and Jasmine Tygre. Bob Blaich arrived at 5:30. Ron Erickson was excused. Staff present: David Hoefer, Assistant City Attorney; Chris Bendon, Nick Lelack and Joyce Ohlson, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF and PUBLIC COMMENTS Tim Mooney said that Nick Frenzel and Paul Johnson contacted him about making Park Avenue from Park Circle to Cooper Street one way to the south and Midland from Cooper Street to Regent Street one way to the north. He said they asked him to present their suggestions as a long-term solution. David Hoefer stated that they needed to petition City Council, it was not within the P&Z purview. He said that the Streets Department and the Manager's Office should also be notified. Mooney reiterated that Don Bird, Pitkin County Sheriff Department, contacted him again regarding the 7th and Main commercial space. He said that the group was looking for space for a living situation for people who were waiting to go away to a detox center or for placement. Mooney said that Don Bird felt it was a better use for the community instead of a 7/11. Hoefer noted that would be a Housing Authority decision. Joyce Ohlson said that Housing would make a recommendation to the Council. Chris Bendon said that next year the Community Development workload included a Civic Center Master Plan, the Jail was within the Civic center plan. He said all of the needs would be reviewed and there might be a location within that plan to accommodate that type of use. Bendon stated that P&Z would have an active role in determining uses for that plan. Roger Hunt said that there should be an incentive program requiring mandatory occupancy for ADUs. Steve Buettow asked if staff had the list of ADUs for the commission. Ohlson responded that the planning tech from community development was compiling the data ofADUs. Bendon said the 11/2/99 meeting would include the FAR issues in relation to ADUs. Mooney said that maybe FAR should be deducted if there was no ADU. Hunt said that he had thought of that also as a de-incentive. Tygre noted the November 2nd meeting was quite full with the Williams Ranch PUD Amendment, Code Amendment and a work session. She stated that these were important issues and did not want to run out of time for the discussions. Ohlson stated the GMC was rescheduled for November 9th in Plaza 1 at 5 p.m. She said that there was an AACP meeting scheduled on November 11th with the county 1 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 from 2 p.m. to 8 p.m. There was a meeting with the housing authority for the report on procedural operations on November 10th at 5 p.m. in Sister Cities meeting room. Ohlson handed out the community development surveys. MINUTES MOTION:Roger Hunt moved to adopt the minutes of August 10, 1999. Tim Mooney second. APPROVED 5-0. DECLARATION OF CONFLICTS OF INTEREST Roger Haneman stated that he would be in conflict on the St. Moritz hearing. Chris Bendon noted there was a request to amend the order of the hearings, placing the St. Moritz first. PUBLIC HEARING: SAINT MORITZ LP EXPANSION & MINOR PUD Jasmine Tygre, Vice-Chairperson, opened the public hearing. David Hoefer, Assistant City Attorney, stated for the record the affidavit of notice was provided and met the jurisdictional requirements. Chris Bendon, City Planner, stated that this was the first application under the new lodge preservation and PUD regulations. He said Michael Behrendt, owner, applied for an eight-lodge unit expansion plus two affordable housing units. Bendon noted that under the previous LP Program Behrendt was granted six lodge units and one affordable housing allotment but did not have a place to put them because of zoning criteria in place at that time. He said the revised PUD allowed eight-lodge units and two affordable units through the dimensional requirements established. Bendon said the affordable units were twice what Housing required; Behrendt wanted to house more lodge employees on site. Bendon utilized drawings to illustrate the proposed plans that maintain the visual access to the open space yet allows for a 2-story addition and 50% open space. He said the plans were compatible with the neighborhood. There were concerns with parking; the current parking was on 3rd Street and Hyman Street partially within the city right-of-way. He said that a lot of the lodge guests do not bring cars to town and that there were typically spaces open for parking. Bendon said that it was proposed that additional parking was not required. The site was small and wanted to preserve the open space and amenities. The applicant would continue to advertise that cars were not necessary; there was a shuttle shared with the 2 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Snowflake. Bendon stated that there were conditions regarding the parking and maintaining the open space; the PUD agreement also addressed these issues. Behrendt stated that they were an average size; there were other surrounding buildings that were much larger, and they fit in quite well with the neighborhood. He said about the only parking problem was when the Ice Garden had an event about once a month; he said most of the time, especially in season, there were parking spaces available. Behrendt said that he would join the city program and pay the fee for parking. He said they had more bicycles than cars. Behrendt explained that the St. Moritz was the oldest un-remodeled lodge in town. Phase 1 was the employee units. Phase 2 replaced all the windows in the building, increasing FAR technically, but by replacing the windows with small bay windows, it added an extra seat in each room with a view of the mountain and a new entry to the lodge. He said there was an inferior rear exit fire escape and the new plans were made with the fire marshal and the city engineer to place the fire escape in the alley. Behrendt said there were many trees on the site and 3 cottonwoods would have to come down. He said the dorm business was slowing down but wanted to keep those dorm rooms available; most of those guests were from other countries. He said that his was one of the last reasonable lodges in town with an average of $34.00 a night for a hotel room; they were full. He said the rooms were not particularly big rooms; they were nice, but not the Ritz. Steve Buettow asked if the parking spaces #7-15 were in the city right-of-way. Behrendt replied that they were and had been for 50 years. He said that he would have to have a license for those from the city. Bendon said the city engineer and the streets department did not have a problem with those spaces but required an encroachment license. Roger Hunt asked if the smaller employee unit complied with the ventilation and light requirement. Behrendt said there was a question of the stairs placement; he said whatever he was directed to do he would do. Bill Tomsich, Aspen Central Reservations, stated the pressing need on behalf of this entire community for this category of lodges, an endangered species. He read the list of lodges that have closed their doors: Fireside Lodge, Maroon Creek Lodge, Heatherbed, Bell Mt. Lodge, Buckhorn, Alpine Lodge, the Tpple Inn, Christiania and Grand Aspen. He said it was rare for a small economy property to come forward and re-develop bucking the trend. He said the Aspen Ski Co. also supported this application; they were in a meeting on affordable lodging down- valley. 3 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Hunt stated that he did not have a problem with the dumpster. He asked if the 2 affordable housing units would have assigned spaces. Behrendt said that he had not planned on assigning the spaces but he would do whatever was required. He said that he also provided parking passes that he bought from the city. Hoefer stated that they needed to designate 2 spaces. Hunt stated that spaces #14 & #15 were designated for employee parking. Behrendt stated that people from the lodging community have been reluctant to do this kind of thing, because it was previously impossible. He said the new ordinance was incredibly flexible and useful. He commented that every department that he worked with was very helpful. He stated the difficulty of all of the exactions of dealing with this economy and he asked if some relief could be given on fees. Hoefer responded that the commission did not have the authority. MOTION: Roger Hunt moved to approve P&Z resolution/t99-32 for the lodge preservation and expansion of the St. Moritz Lodge to include eight lodge units and two affordable housing units is hereby approved, subject to the following conditions, and that the Aspen City Council should approve the St. Moritz Minor Planned Unit Development subject to the following conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required in Section 26.445.070(C). b. A statement about the long-term maintenance of the common central courtyard and pool area. c. An agreement to enter into a future lease agreement for on-street parking spaces for guests of the lodges if necessary. 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, location of utility pedestals, and a note stating that a witness corner will be installed on the north east corner of the property after completion of construction, b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved, c. A drawing representing the project's architectural character, d. A drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval, for both the lodge expansion and the Minor PUD, printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department. e. completed curb, gutter, and sidewalk agreement. L A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 8. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the new portion of the structure. 5.. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the 4 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Community Development Director stating that the conditions of approval have been read and understood, b. All tap fees, impacts fees, and building permit fees shall be paid. c. The studio employee unit shall be deed restricted to Category 2, or lower, and the two-bedroom employee unit shall be deed restricted to Category 3, or lower, with the Aspen/Pitkin County Housing Authority. d. 6. Existing vegetation where construction activity is expected shall be protected by tying-back limbs and surrounding vegetation with construction fencing. 7. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz through marketing information. 8. Two parking spaces shall be designated on the PUD plans as available for the employee units. 9. No excavation or storage of dirt or material shall occur within tree driplines 10. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 11. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee units, a member of the Aspen/Pitkin County Housing Authority shall inspect the unit to determine if the units comply with the representations made in the application. 13. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 14. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Steve Buettow second. Roll Call vote: Mooney, yes; Buettow, yes; Hunt, yes; Tygre, yes. APPROVED 4-0. CONTINUED PUBLIC HEARING: MITCHELL RESIDENCE, 550 ALPS ROAD - 8040 GREENLINE; FRONT, SIDE AND REAR YARD VARIANCES; GARAGE STANDARD VARIANCE Bob Blaich, chairman, opened the continued public hearing. Chris Bendon stated this was continued from August 3, 1999. He said that there were several issues from the last meeting that have been responded to with the new plan. Alan Richman, planner for applicant, stated that the conditions as represented were agreeable to them. He said that they have responded to all of the items and the project complies with the code much more than it did the first time. He said the set backs have been increased and the internal courtyard was increased in size; the dimensions of the house were decreased in size. Richman stated that the stance of trees would be saved and utilized photos from various vantage points, comparing the new proposal to the old one. He noted that the existing house was higher than the proposed house and utilized the model for comparison to surrounding buildings and the roof step-down design related to the mountains. Richman stated that the development on this site would not be visible from town and there were many trees surrounding the building. 5 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Richman noted that there was concern from the Aspen Alps regarding the geotechnical (Exhibit D). He stated Steve Pawlak, Engineer, Hepworth-Paelak Geotechnical, and Bob Patillo, Structual Engineer concluded there was distress and building movement but more related to lateral earth and differential settlement. He said when the building was removed, that was the best opportunity to take a look at the foundation and make an assessment at that time. Richman said there was no drainage control on the property and the report from Jay Hammond, Schmueser Gordon Meyer, was also included in Exhibit D. Richman noted that any building on this property with the conservation easement required a variance because setbacks front plus rear equal 130 feet and at the widest part, the lot was only 131 feet. He said that the conservation zoning was not realistic for a lot that only contained 10,000 square feet of land that has had a house on it for 30 years; everyone knows this was a single family lot bordered by LTR and R- 15 zone districts. Jasmine Tygre asked if they could indicate which trees would be removed on the model. Gary Tabisinske, architect, stated that the model already had deleted the trees that were being removed and the replacement trees were already shown on the model. Bendon noted that there were many trees shielding the property that were actually located on the ski slope. Tim Mooney asked if it was a metal roof. Blaich asked that about the color of the roof and the color of the exterior finish. Tabisinske replied that he was looking at a zinc roof, a dull gray color, and the exterior finish will be wood stained natural and stone. Roger Haneman said that the chimney was eliminated; does that mean the fireplaces will not be used. Tabisinske answered that the chimney was eliminated and was not sure if a gas fireplace would be used or not. Blaich inquired about the construction disruption in the tight area; timing for destruction and construction. Tabisinske responded that they would work with Aspen Alps and Pam to make sure that they do the best that they can with the least amount of disruption; most of it in the off-season. Steve Buettow asked if they had located a construction staging area and material storage area. Tabisinske replied that the garage would be built last and that area would be used as the staging area. Bendon noted there was a condition to keep all the construction materials and staging on site or an alternate site if approved. Pam Cunningham, Aspen Alps, stated that the Mitchells, Alan and Gary have tried to address the concerns. She said that their expert in geotechnical differed in opinion from theirs but they were pleased with the drainage condition added. 6 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Cunningham stated the Alps owners were still concerned about the size of the house. She noted there was scrub oak surrounding the house and requested more trees be added to the final plan. She thanked the commission. Tygre stated that she did not find that criteria items 4 & 5 were met for the 8040 Greenline Review. Blaich said that the visual impact had been improved with the provisions done. Mooney commented that it was extraordinary that the majority of the house was below the terrain; he said it was a tremendous effort on the plan MOTION: Roger Hunt moved to adopt P&Z Resolution #99-19 approving the 8040 Greenline Review, granting variances to the front yard, rear yard, and side yard dimensional requirements of the Conservation Zone District, and waiver of the garage setback requirement of the Residential Design Standards for the Mitchell Residence, 550 Aspen Alps Road, finding the criteria on the legal sheet have been met, subject to the following conditions: 1. The building permit plans shall be in accordance with all requirements of the Conservation Zone District and Residential Design Standards, both in effect on June 14, 1999, with the following exceptions: a. Setback requirements for the parcel shall be: front = 14.5 feet; rear (west) = 10 feet; north side = 10 feet, south side = 11 feet. b. The garage setback requirement of the Residential Design Standards shall not apply. 2. The building permit application shall include: a. A permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (coal- & woodburning fireplaces are not allowed) and an approved fugitive dust control plan. b. A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 13.20.020 of the Code. c. A water tap permit for a tap sized for the required fire suppression system and for the domestic use. The structure shall include a fire suppression system approved by the Fire Marshall. A pump system may be required by the Fire Marshall to accommodate the required pressure for the fire suppression system, d. A tap permit from the Aspen Consolidated Sanitation District. Sources of clear water may not be directed to the sanitary sewer, e. Written approval from the Aspen Ski Company for the construction and maintenance of the drainage facility proposed in the amended application shall be provided. Any required easements shall be recorded and reflected on the building permit set. 3. The building permit plans shall include: a. Construction details related to the foundation design, foundation walls and retaining walls, floor slabs, underdrain systems, site grading, soil stabolization plan, and surface drainage plan signed and stamped by an Engineer registered in Colorado. This plan must accommodate drainage on-site both during and after construction and shall utilize an on-site containment basin and delayed pump system to the catch basin on Aspen Mountain. A 2 year storm frequency should be used in designing any drainage improvements, b. An environmental protection plan detailing the limits of disturbance on the parcel and construction access. The limits of disturbance shall be fenced prior to issuance of a building permit and shall remain in place until a Certificate of Occupancy is issued. 4. The applicant shall contain all construction activity, including staging and contractor parking, on-site unless permission is granted by the Aspen Alps Association for use of the parking area east of the Mitchell property. Adequate width for safe passage along Aspen Alps Road shall be maintained at all times. 5. If evidence of mining activity is discovered during excavation of the property, all construction activity shall cease until a mitigation plan is approved by the City Engineer. 6. Highly reflective 7 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 materials shall not be used for the roof material. 7. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 8. These conditions of approval shall be printed on the cover sheet of the building permit set and all other drawing sets used for construction. The primary contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. Tim Mooney second. Roll call vote: Haneman, yes; Buettow, yes; Tygre, no; Mooney, yes; Hunt, yes; Blaich, yes. APPROVED 5-1. PUBLIC HEARING: CODE AMENDMENT - (PUB) PUBLIC ZONE & DEFINITIONS Bob Blaich opened the public hearing. Nick Lelack, planner, stated that Tim Anderson was out of the office this week so he would be presenting this code amendment along with the Yellow Brick rezoning. He explained that last year the city bought the Yellow Brick School and the current tenants were 4 childcare providers and 3 non-profit organizations. He said that one of the childcare providers was the Waldorf School Kindergarten. Lelack stated that there would be non-conforming uses created in the building by the rezoning because the public zone did not allow non-profits. He said the intent was to provide for governmental and quasi-governmental facilities for cultural, civic and other governmental but did not allow private schools, childcare or non-profit uses. He said they created a new use to allow private schools', public and private non-profit uses providing a community service would be a permitted use in the PUB zone district. He said the childcare would be a conditional use to be consistent with the rest of the land use code. Lelack stated that Tim Anderson took a capital improvements plan to council which included remodeling 1800 sf in the basement of the facility for additional non-profit uses. He said this would essentially be a community service center, to provide affordable rents for non-profits and childcare facilities. He mentioned that the Red Brick went through the same process in 1993 and fell under the Arts, Cultural and Recreation Uses, which were included in an amendment to the Public Zone District. ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 Lelack provided the Non-Profit definition which met both federal and state regulations for non-profits. He noted the code amendment would also delete the duplicate language in the essential public facility definition. CONTINUED PUBLIC HEARING: YELLOW BRICK REZONING TO {PUB} ZONE DISTRICT Nick Lelack continued the discussion from the item prior to this one, the code amendment for PUB zone district. He said that he only received one call from the public, George Vicenzi, but the concern was for only non-profits and not for other businesses. Lelack provided zoning maps. Joyce Ohlson stated that when the code was amended the PUB zone districts needed to be studied to make sure that there were no negative impacts for the revision. Steve Buettow asked if the Aspen Waldorf could expand and the Early Learning Center decrease. Ohlson replied that would be a market driven approach. She said that the land use was silent on private schools and the code would define where schools would be allowed. Lelack said that the Waldorf wouldn't be able to add any additional grades as it stands now. Roger Hunt noted that a school could be the one for profit entity allowed in this facility. He said the deliberations should include that the public facility takes a blind eye to that for-profit school because it was so essential to the community or the non-profit aspect of the public zone becomes demeaned by the process. Tim Mooney stated that he understood the necessity for the change in the zoning but had some fundamental problems with the use in order to protect the residential neighborhood and limit the hours of operation and exterior lighting codes. He said this was the enhancement of a public facility to an amusement attraction for the community. Mooney said that the many of these non-profits were growth generators; these should have some sort of mitigation for the employees and for parking. He said there should be some sort of an agreement with the neighborhood. Tygre said that when the Meadows was re-developed there was talk of an academic zone. She said the building's purpose was community service and educational. Lelack responded that the office was permitted in academic zone and wanted to stay away from the for-profit office use. Tygre stated that there was concern for publicly purchased land being used by a for profit organization regardless of how benevolent the purpose was. She asked if that was fair to provide space for all of these organizations because everyone would want to go to that zone district for the cheaper rent like the SCI zone. Lelack said that 5 % of the space could be used for 9 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 profit. Ohlson noted the approach of governing how the land uses would operate on the site would go through a conditional use review. She said that appropriate review criteria for the conditional uses would include traffic generation, circulation, lighting, hours of operation and screening of use. Mooney said that every business that used an essential public facility for their business should show how they mitigate their growth generation. He noted that there were non-profits that were starting other foundations with the monies and running other foundations within their foundation. Blaich requested a list of the current tenants with the number of square feet used by each tenant and the nature of their business. He said that would help draft the language. Mooney stated that it was the commercialization of the non-profits that changed the impact generation. Buettow said that he would like to see the Yellow Brick have more future activities for children less than grade school age and cater to that group. Blaich noted that this was a political issue. Tygre stated that community orientated should be the primary emphasis but did not preclude any business from applying for the conditional use review. Mooney asked when a business applied for a city business license were they asked how many employees they had and how they were mitigating for them. Ohlson said that they needed to look at the GMQS allotments and even for special events that generate growth. She said their job for zoning was to layout the uses but until there was a development proposal for the building, they would not have the purview to be specific about the land use that was compatible. The commission wanted the hours of operation to be incorporated into the uses; if an allowed use wanted extended hours of operation, then they would go through the conditional or special use review. Tygre left at 6:55 p.m. Lelack provided some of the uses currently at the Yellow Brick. 4 Childcare operations (combined) 10,700 sf; private schools (Waldorf Kindergarten) 960 sf; non-profit office spaces 4,100 sf. MOTION: Roger Hunt moved to continue the public hearings on the Code Amendments for PUB Zone District and Yellow Brick Rezoning to November 2, 1999. Roger Haneman second. APPROVED 5-0. Meeting adjourned at 7:10 p.m. Jackie Lothian, Deputy City Clerk 10 ASPEN PLANNING & ZONING COMMISSION OCTOBER 19, 1999 COMMISSIONER, STAFF AND PUBLIC COMMENTS ................................................................................. 1 MINUTES ............................................................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST .......................................................................................... 2 SAINT MORITZ LP EXPANSION & MINOR PUD .......................................................................................... 2 MITCHELL RESIDENCE, 550 ALPS ROAD - 8040 GREENLINE; FRONT, SIDE AND REAR YARD VARIANCES; GARAGE STANDARD VARIANCE .......................................................................................... 5 CODE AMENDMENT - (PUB) PUBLIC ZONE & DEFINITIONS .................................................................. 8 YELLOW BRICK REZONING TO (PUB) ZONE DISTRICT .......................................................................... 9 11