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Home My WebLink Aboutminutes.apz.20020129ASPEN PLANNING & ZONING cOMMISSION'Minutgs~jan,Uar~. ,, 29, 2002 COMMISSIONER, STAFF & PUBLIC COMMENTS ........................................... 2 135 WEST HOPKINS k HISTORIC LANDMARK .......................................... ...... 2 216 EAST HALLAM REZONING ..".""'i ......... ii ...... i.".i'...,,.....,,.:,....:....; ......... 2 311 SOUTH FIRST STREET~CITY SpONsoRED CODE XME~DMENT~ii.i.ii. 3 200 SESAME STREET~8040 G~E~LiNE and HEIGHT VARiAN~E i.:iiiii.ii.i~ 3 MISCELLANEOUS LAND USE CODE AMENDMENTS .................................... 4 ASPEN PLANNING & ZONING COMMISSiON-Minutes-January 29, 2002 Bob Blaich, acting chairman, opened the special meeting of the Aspen Planning & Zoning Commission in the Sister Cities Room at 4:30 with Ruth Kruger, Bert Myrin, Roger I-Ianeman, Ron Erickson and Steven Buettow present. Jasmine Tygre and Eric Cohen were excused. Staff in attendance were David Hoefer, Assistant City Attorney; Chris Bendon, Fred Jarman, Sarah Oates, Joyce Ohlson, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF & PUBLIC COMMENTS Bert Myrin thanked Community Development for the In-fill Report located on the Internet. Joyce Ohlson replied that Chris Bendon was responsible for that report. Joyce Ohlson noted agenda changes with IV.A and IV.C. to be continued to dates certain. Bob Blaich thanked his fellow board members, past members, staff: Julie Ann, Joyce, Chris, Fred, David, Jackie; the DEPP and In-fill Committees and the 3 City Councils that he served. David Hoefer thanked Bob Blaich for his thoughtfulness and intelligent years of service. Joyce Ohlson, Fred Jarman, Chris Bendon and Jackie Lothian echoed David's comments. There would be a formal party for Bob with a date to be determined. The minutes would be approved at the February 5~h meeting. PUBLIC HEARING: 135 WEST HOPKINS - HISTORIC LANDMARK Bob Blaich opened the public hearing. The hearing had not been properly noticed; it would be re-noticed. MOTION: Ron Erickson moved to continue the public hearing to March 19th. Roger Haneman seconded. APPROVE 6-0. PUBLIC HEARING: 216 EAST HALLAM REZONING Bob Blaich opened the public hearing. David Hoefer requested the public notice. Joyce Ohlson said that she had it in her office. Hoefer requested that the notice be delivered to the clerk's office before 5:00 pm on Wednesday, January 3 0th. Notice was provided to the Clerks Office. MOTION: Ron Erickson moved to continue the public hearing to February 19th. Roger Itaneman seconded. APPROVED 6-0. 2 ASPEN PLANNING & ZONING COMMISSiON-Minutes-January 29~ 2002 PUBLIC MEETING: s SOUT} gIRST STm ET cIiY SPONSOm D CODE A ND ENT Bob Blaich opened the PUbliC meeting. Fred jarman introduced the applicant Paul Sandler and architect, Raul Gawrys. Jarman explained the purpose of this meeting was to request that the P&Z sponsor a code text amendment to allow the ability to pay cash-in-lieu for affordable housing, which was currently unavailable in the RMF Zone District when there were 2 free market units on a certain size lot. Jarman stated that if the commission granted the sponsored code amendment, this would come back with the substance of the application. Jarman noted that this was available in all of the other residential zone districts. No public comments. Ron Erickson stated that this was a terrific idea; he asked if the applicant wOUld pay for staff time. Jarman answered that they indeed would. Joyce Ohlson reiterated the process that the commission would sponsor the code amendment and staff would be initiated for a text amendment. MOTION: Bert Myrin moved to approve P&Z sponsor the Code Text Amendment. Ron EriCkson secOnded. APPROVED 620. PUBLIC HEARING: 200 SESAME STREET-8040 GREENLINE and HEIGHT VARIANCE Bob Blaich opened the public meeting on 200 Sesame Street. Notice was provided for the variance portion of the request. Sarah Oates distributed a revised P&Z Resolution #02-02 adding the variance criteria. Oates stated that this was an 8040 Greeline review and variance request from the height in this zone district. 200 Sesame Street was located within 100 feet of the 8040 Greenline, which was the area 150 feet below 8040 and anything above it in elevation required a review because the area was considered an environmentally sensitive area. This required a heightened level of review by Planning & Zoning. Erosion control, avalanche issues as well as visual impacts were reviewed. This application was referred to the Fire, Parks, Engineering, Utilities Department and the Aspen San District. These department comments were reflected in the conditions of approval. Emergency access was the biggest issue because of the turning radius for ambulances and fire trucks. Oates said that the road was 14 feet wide and most roads were 20 feet wide; the fire department needed a 45-foot turning radius. The owner and fire department worked out the required height 3 ASPEN PLANNING & ZONING COMMISSiON-Minutes-January 29, 2002 variance; the garage entryway was cut back. Staff recommended approval with the conditions as outlined in the resolution with the change in wording fromprior to but ..... ~ ~, ....... to certificate of occupancy. The apPlicant noted that it was 8 feet not 5 feet. No public comments. MOTION: Ron Erickson moved to approve the 8040 Greenline Review and a variance from the twenW-five (25) foot height limit by four and one-half (4½) feet for the expansion of the single-family residence at 200 S~same Street with the conditions included in P&Z Resolution #02-02 finding that the criteria have been met. Roger Haneman seconded. Roll call vote: Myrin, yes; Kruger, yes; Haneman, yes; Buettow, yes; Erickson, yes; Blaich, yes. APPROVED 6-0. PUBLIC HEARING: MISCELLANEOUS LAND USE CODE AMENDMENTS Bob Blaich opened the public hearing. Sarah Oates provided the notice, which David Hoefer stated met the jurisdictional requirements for the P&Z Commission to proceed. Oates noted the proposed code changes were to Sections 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Puhlic Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26,510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department. Oates said that these were changes to some small deficiencies in the Land Use Code and that Chris Bendon would be working on the whole code. There were the addition of 2 definitions and a modification to another one. There was now a differentiation between an awning and a canopy. Bob Blaich asked if that had anything to do with the Caribou Alley. Oates replied that it did not. Ron Ericksnn stated that a canopy was approved in the Caribou Alley and it grew to a roof with doors. Oates responded that was still under review. The public notice requirements, Section 26.304.060(E)(3), were made simpler by having a 15-day notice for all public hearings instead of different day requirements 4 ASPEN PLANNING & ZONING ~oMMisSIoN-Minutes-januarv 29, 2002 for different hearings. The standard was 300 feet. The minerals estate ownership did not apply to this notice because it was passed by the State with a 30-day notice requirement. Ron Erickson questioned the notice regarding the time-share owners all having tobe sent a notice. Ohlson noted that the Stream Margin still only required the posting without a mailing or legal notice; the section would come back for further clarification. Section 26.410.040(B)(1), for the Secondary Mass was in the Residential Design Standards with a secondary mass being able to be linked to the primary mass by a subordinate linking element or completely detached. The subordinate linking element was not described, so there have been many debates. Oates said the new requirement Was for a one-story element with specific clarification on the size. Section 26~440.070(B), Specially planned Area Agreement and Recordation and Section 26.445.070(A), Recording a Planned Unit Development Plan would simplify the process because it could be signed off on administratively with a plat being recorded within 180 days of approval and not having to go to Council for the approval after that 180 day limit. Oates said the Sign Code, Sections 26.510.040(E), 26.510.060 & 26.510.080(C) changes were to delete the requirement for any sign with graphic art to be reviewed by the planning & zoning co~ission. Oates said that has not been in practice for years; as long as the sign met the sign code requirements staff could sign offon the approval for the sign. Oates said that the current setback requirements for a sign were also problematic because there were many signs on property lines; signs in Setbacks were okay as long as they weren't in the public right-of-way. An example was that the Baptist Church was an existing non-conforming sign; Oates stated that if they came in for a new sign then they would have to ask for a variance. The Commercial Core had a Zero lot line; technically they needed an encroachment license, if the signs hung into the public rights-of-way. Security signs were a separate issue; Oates said that AH projects that met the housing guidelines were exempt from Section 26.610.020(D), Park Development Impact Fee; City Council wanted to · eliminate the automatic exemption and have the choice of waiving the fee. Steven Buettow asked'ifDRAC members were still needed; with Bob Blaich leaving and Steven said that he wanted to step down, P&Z would need 2 members and HPC needed another member on DRAC. The city ad would include the need for a P&Z altemate. 5 ASPEN PLANNING & ZONING COMMISSiON-MinuteS-January 29, 2002 No public comments. Oates said that the Farmers' Market had changes in the vending agreement; this change in language was broadened to allow for the changes in the vending agreement. Bob Blaich said that he felt that opening up the farmers market to arts & crafts was a terrible mistake. Ohlson said the language was potential for accessory sales and a,~l,.~4,.. ^r^~h ....... ;~,,;, ..... u .... t,~,,,4 ,,,,,,4,,,,~ ~,,; ...... ;i,, Cc, lc, fade grc,:w:. Blaich asked who would challenge the junk; he noted that P&Z and DEPP pushed to gain the Farmers' market with limitations of produce so the local retailers would agree to the market. Erickson asked that the additions be stricken and the stricken language be added back. Erickson inquired into the business licenses for these vendors and the costs related to doing a retail business in Aspen. The commissioners requested a copy of the vending agreement. Roger Haneman Said that if there were items that couldn't be obtained here that would be okay to bring in from another area; there were no restrictions on h°w large this market could get. Haneman noted that the Planning & Zoning Commission was supposed to review the impacts on the town. Haneman noted that this not only doesn't add parking but also takes a bunch away; the downtown merchants haVe to mitigate for any growth they do. Ohlson noted that Council agreed to increase the size and to utilize the alley behind City Hall. The commissioners decided to remove this section (the Farmers' market) from the code amendments for tonight's approval Ohlson suggested a work session to discuss the impacts on local merchants. MOTION: Ruth Kruger moved to recommend that City adopt the amendments to Sections 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and RecOrdation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department as proposed in P&Z Resolution #02-04 with the exclusion of the definition for the Farmers' market. Bert Myrin seconded. APPROVED 6-0. Me.eting ad~journed at 5:40 p.m. ~/ackie L~l~a~ I~puty City Clerk 6