Loading...
HomeMy WebLinkAboutminutes.apz.20020604ASPEN PLANNING & ZONING COMMISSION ' ~Mih~teS J~NE~2002 COMMISSIONER, STAFF and PUBLIC COMMENTS ....... i ...... :,: ....................... 2 DECLARATION OF C ONFLIC TS OF INTERES T.i~ili~i'.i.. iiiii, iii.., i. i".~.,i ............ 2 311 FIRST STREET REZONING and LAND USE CODE XMENDMEN? .~i~ii.i. ~ FRACTIONAL OWNERSHIP CODE AMEND~EN¢S .'.i~i~]i.~i~i~iii~]..iii~.i~i.i~..~ii 4 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 4, 2002 Jasmine Tygre opened the special Planning and Zoning Meeting after the Growth Management meeting in Sister Cities Meeting Room with Eric Cohen, Ruth Kruger, Bert Myrin, Ron Erickson and Steven Buettow. Roger Haneman was excused. Staff in attendance were: David Hoefer, Assistant City Attorney; James Lindt, Amy Guthrie, Community Development; Kathryn Koch, City Clerk. COMMISSIONER~ STAFF and PUBLIC COMMENTS Ron Erickson asked to have city council review single-family residences in the commercial core. Amy Guthrie noted that the office district might present some problems for historic homes. Erickson said that he did not think that this was very controversial. MOTION: Ron Erickson moved to ask staff to begin review of a code amendment to no longer allow single-family residences in the commercial core, lodge and office zone districts. Bert Myrin seconded. APPROVED 6-0. Erickson asked if a rigid structure that covers an open space was an awning or a roof?. Amy Guthrie responded that it was a roof. Guthrie said that she spoke to Harley Baldwin and he had some thoughts about how to comply; he has one month to comply. David Hoefer stated that the court case was continued for one month. Steven Buettow stated that his appointment was finished and this was his last meeting as a P&Z Member. Buettow said that this was a great honor and enjoyed working with all people from the different commissions and staff. He noted that eight years went by fast and said that he had the confidence in the commission to strive to make all of the projects the best as possible. Bert Myrin asked if Steven had served on any commissions or boards that needed a replacement for him. Buettow replied that he was the chair for DRAC; he served on the Burlingame COWOP, implemented the Residential Design Standards and with P&Z accomplished the Physics Building, Music Tent, West End Transportation and Snyder projects to name a few. Buettow encouraged the commission to stay involved in the COWOP process, especially since the projects may not come though the full P&Z review after COWOP. DECLARATION OF CONFLICTS OF INTEREST None stated. 2 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 4, 2002 PUBLIC HEARING: 311 FIRST STREET REZONING and LAND USE CODE AMENDMENT Jasmine Tygre opened the public hearing. David Ho&er noted that proper notice was provided and the commission had jurisdiction to proceed. Amy Guthrie said that the property was.just less than 7,000 square feet and zoned R-15; the property was non-conforming in every possible way. The lot was not a large enough parcel for the zone district; there were 3 units on the parcel where only 1 was permitted. Staffhas been in an enforcement action to have the property become more in compliance with the underlying zoning; the result has been to rezone to RMF, which exists around the neighborhood. Two units would be allowed the existing Victorian brick house and a modem building constructed next to it, which would bring the property into compliance. Guthrie said that the code amendment was discussed in a prior work session to allow a cash-in-lieu payment as a form of mitigation in the RMF zone district; currently an ADU was the only allowable form of mitigation, which was not consistent with what other neighborhoods were allowed. Guthrie noted that an ADU on this site would add to the over-crowding and density on this site. Guthrie stated that the brick historic house and the new brick home were currently connected but that connection would be demolished, which HPC Viewed as good thing to allow the historic structure to be returned to a smaller structure. Guthrie said that HPC was reviewing the FAR from the demolished connection to create a garage. David Hoefer said that there were 2 resolutions for this project. Raul Gawrys, architect, stated that what was presented summed up what the applicants wanted. Gawrys said that it was disgraceful to have the two buildings connected and thought that there should be a separation of landscaping and fencing to give an individual identity to the 2 pieces. Gawrys said that they were trying to correct mistakes made by prior owners. Guthrie said that in the RMF zone district the lot was large enough to subdivide or condominiumize. Gawrys thanked staff. Myrin asked if some of the space could be converted to an ADU rather than adding onto the building to work for the mitigation. Guthrie replied that would not really work because to receive any bonus for an ADU it had to be completely detached and mandatory deed-restricted. 3 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 4, 2002 No public comments. There was discussion of a lot split over condominiumization, the physical restraints on the property with the existing size of the buildings, no objections were raised for the change to the RMF zone district and the cash-in-lieu housing recommendation was acceptable. MOTION: Ron Erickson moved to approve P&Z Resolution #02-17 and to recommend City Council approve the rezoning from R-15 to RMF for a property located at 311 S First Street (2735-124-68-004). Steven Buettow seconded. Roll call vote: Kruger, yes; Myrin, yes; Cohen, yes; Erickson, yes; Buettow, yes; Tygre, yes. APPROVED 6-0. MOTION: Ron Erickson moved to approve P&Z ResolUtion #02-18 and to recommend City Council approve amending Section 26.710.090(B)(7) allowing cash-in-lieu as an acceptable form of housing mitigation at 311 S First Street; Ruth Kruger seconded. Roll call vote: Erickson, no; Cohen, yes; Kruger, yes; Myrin, yes; Buettow, yes; Tygre, yes. APPROVED 5'1. Eric Cohen said that he wanted to recommend that Council lool~ at the cash-in-lieu one more time before if be accepted. - CONTINUED PUBLIC HEARING (05/21/02): FRACTIONAL OWNERSHIP CODE AMENDMENTS Jasmine Tygre oPened the continued public hearing on Fractional OWnership. Alan Richman stated that there were a few changes from the last hearing beginning on page 3 of the resolution in the overview section the word building was changed fromprcjcct. Under review standards for exemption #1. the proposal shall not conflict with any applicable deed-restriction orprivate covenants language was added. On page 5 item #6 the sign was mounted on the building not on each units in the building. Page 6 under item "C" Management Plan was a new area added. On page 8 #B1 the last word exchangers and #B3 sufficiently far enough in advance was added. On page 18 under the definition of Timeshare Lodge the language was modified to under the city's discretion as to whether it complies with the provisions. Staff researched timeshare in the RFM zone district and amended that multi-family units would be allowed in the LTR zone district. Joyce Olson distributed maps of the LTR and RMF zone districts. Ohlson said that there were exemptions that 4 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 4~ 2002 could be applied to deeds that were divided with LLCs, duplexes, single-family · homes and multi-family condos that currently existed with 6 units or less in the LTR zone. Ohlson said that the geographically the LTR zone was the best area because of the general statement of the LTR zone district. There was a coinciding spreadsheet that had the number of units and number of buildings with 6 or less units. Alan Richman said that there were 25 buildings in the LTR zone that could be exempted. The exempt projects do not have to have a front desk. Ohlson noted that the affordable housing units would not be allowed in the exemption. There were approximately 130 units that could be exempted through this process for timeshare. Ohlson said that the RMF district was out of the scope; the timeshare was focused on the core areas of the city and Aspen Highlands Village. Ohlson distributed maps of the zone districts. The cOnversion required rePlacement of affordable housing. Tygre asked why RMF was included. Ohlson and Richman responded that was not decided as yet, but the public was here to address that issue. Eric Cohen asked abOUt the areas north of the river and there may be a few buildings west of the core, but he wouldn't go north of the river. Ron Erickson excused himself. Bert Myrin said that to extend the incentive for nightly stays to the RMF area had a big impact and changed the neighborhood and made it less desirable. Myrin agreed with the LTR but not the RMF because of the displacement of some community that was established in the area. Tygre said the purpose of enacting the timeshare legislation was to provide hotbeds; it was always part of the planning that hotbeds Should be located near the facilities and the downtown core. Tygre noted that LTR made sense just as an option but to let everybody go into timeshare, them would be the risk of turning residential neighborhoods into tourist orientated neighborhoods. Tygre said that there was only so much audience available for the competition; tourists should be at the base of the mountain. Tygre said that leading into the RMF would lead to the profit taken by people being bought out of their houses because of the economics. Tygre noted that the area east of town was residential since the 1970's and many proPerties around East Hopkins had 6-month rental restrictions. Tygre stated that the incentives should occur in the areas where tourism was most appropriate in the LTR zone districts with plenty of opportunities for timeshare. 5 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 4, 2002 Ruth Kruger agreed with supporting the exemption for the LTR zone dis~ct but not the RMF at this time. Kruger said that she also supported the residential character of those areas in the RMF at this time. David Mylar, public, introduced his client Charles Kennedy; he stated that he was present in the broader context because the subject was of great interest to hi.m. Mylar said that he appreciated the opportunity to work with staff on the fashioning of this regulation. Mylar and Kennedy encouraged the expansion of the eligible area for the exempt timesharing to at least the portion of the RMF zone south of Cooper Street, the extension of Highway 82, which had demarcation of properties over time primarily second homes and tourists. Mylar said that there was no fundamental difference between properties on East Durant two blocks from the Gondola and ones in the LTR zone district, both would achieve the objective if allowed the exemption under this provision. Mylar said that he appreciated the limited scope of applicability of this experiment but until the results were in, then they could see if they were what was expected. Mylar said that it should be made big enough that there would be results; maybe there wasn't enough information as to which properties were eligible, not technically but practically for conversion. Mylar said that if the properties with housing replacement options were subtracted out or too small and in poor physical condition, there may not be that many viable units for the conversion market. Mylar said that by reducing the scope of the exemptions by reducing the size of the project makes more sense than reducing the area within which the exemptions would be applicable. Mylar said that 6 was a good number for the number of fractions as a maximum for previously condominiumized properties. Mylar said that people wanting to make an investment in Aspen and the community would buy these units. Mylar said that the market has not yet been tested. Scott Writer, public, said that one thing that was important in planning was to support a middle class in Aspen with a place to live rather than moving down valley to own a home. Writer said that he generally reacted negatively to provide an exemption and would rather see the project go through a full-blown process so the neighbors could have an opportunity to have input. Tygre said that an experiment that could ha~e a. lot of consequences should be started small and if successful then expand it rather than going big and pulling back. Tygre said that existing hotel sites were appropriate and to expand to LTR projects was the next logical place 'for the exemption. 6 ASPEN pLANNING & ZONING COMMISSION Minutes JUNE 41 2002 Mylar reiterated that this should be related to units that were already short-term rental and should not encourage the loss that could be available for long-term residents. Mylar suggested that special review or staff review because no judgment call would be required; it should be determined by circumstances with criteria as part of this review. Tygre noted that was very difficult to determine. Charles Kennedy, Public, stated that he was a resident and contacted Dave Mylar because of a building that he had that would be a perfect opportunity for this kind of exemption. Kennedy said that there probably would not be a mad rush for this kind of exemption or enough buildings that were eligible for this exemption. Richman asked for the conditions that would be applicable. Tygre responded that she was reluctant to go any further on conditions without Ron and Roger's experienced input. Kruger agreed. Ohlson stated that it would allow some fine- tuning and rewritten conditions to review. Cohen agreed to revisit the criteria and to look at the multi-building projects, geographic area, better definitions and language on the whole. Ohlson noted that P&Z met with council next Tuesday (6/I 1) for a work session at 4 pm; she said that this topic could be continued to after that meeting at 5:30. Richman said that the last item was multi-family units in the LTR zone, which was to be addressed during the in-fill amendments. Myrin noted that this encouraged hotels to convert into a different kind of hotbed; the hotel hotbed did not require a retail space downtown that could have been shopped as a retail store downtown. Myrin said that thetimeshare hotbed changed the vitality of the downtown core and community character. MOTION: Bert Myrin moved to continue the public hearing for the code amendment on Timeshare to June 11, 2002 after the work session with city council; seconded by Ruth Kruger. APPROVED 5-0. MOTION: Ruth Kruger moved to adjourn. Steven Buettow seconded. APPROVED 5-0. Tygre noted that the purpose and intent was clearly stated. Richman replied that the commission expressed the goals very clearly early on in the process. ~ra~scrib-ed by Jackie Lothian, Deputy City Clerk 7