HomeMy WebLinkAboutminutes.apz.20031007ASPEN PLANNING & ZONINGCOMMISSION Minutes October 07, 2003
COMMISSIONER, STAFF and PUBLIC COMMENTS ........................................ 2
MINUTES .................................................................. ,~, ............................................ 2
DECLARATION OF CONFLICTS OF INTEREST ............................................... 2
PARK PLACE - 707 EAST HYMAN - CONSOLIDATED CONCEPTUAL
/FINAL PUD, CONDiTiONAL usEi GMQS 'EXEMPTION FOR AH ................. 2
BAVARIAN and TOP OF MILL PUD and GMQS AMENDMENTS .................... 6
808 BONITA DRIVE DRAC VARIANCE .............................................................. 6
ASPEN PLANNING & ZONING COMMISSION Minutes October 07, 2003
Jasmine Tygre opened the regular meeting of the Aspen Planning & Zoning
Commission at 4:30 pm in Sister Cities Meeting Room. John Rowland, Steve
Skadron, Dylan Johns, Jack Johnson, Roger Haneman, Eric Cohen and Ruth
Kruger were present. Staff in attendance: David Hoefer, Assistant City Attorney;
Joyce Allgaier, Chris Bendon, Scott Woodford, Community Development; Jackie
Lothian, Deputy City Clerk.
COMMISSIONER~ STAFF and PUBLIC COMMENTS
Roger Haneman noted a letter was written to each newspaper and one was
attributed to him, which he did not write. Haneman explained that he had to
excuse himself at 6:15 pm.
Chris Bendon provided the Community Development Brown Bag series times and
dates regarding transfer development fights and fractional ownership.
MINUTES
MOTION: Roger Haneman moved to approve the minutes from September 16,
2003; seconded by Dylan Johns. APPROVED 7-0.
Discussion: Jack Johnson stated that the memo and amendment for the resolution
of the Quadrant Books issues satisfied his concerns for this property.
DECLARATION OF CONFLICTS OF INTEREST
Ruth Kruger stated a conflict with Top of Mill/Bavafian Inn item.
CONTINUED PUBLIC HEARING (08/19/03 & 09/02/03 & 09/16/03)):
PARK PLACE - 707 EAST IIYMAN - CONSOLIDATED CONCEPTUAL
/FINAL PUD~ CONDITIONAL USE~ GMQS EXEMPTION FOR AH
Jasmine Tygre opened the continued public hearing on Park Place, 707 East
Hyman. Ruth Kruger stated that she has read the minutes and studied the
information. David Hoefer noted that since there was a full board and the regular
members have read the minutes, Steve Skadron would not be a voting member.
Jasmine Tygre placed letters from Robert E. Baum expressing opposition to the
project; Freilich, Myler, Leitner & Carlisle representing the Bell Mountain
Homeowners Association concerned about a possible encroachment onto the
property and Herb Klein dated October 1, 2003 concerning potential traffic
impacts.
Chris Bendon stated that no new information was submitted from the applicant but
there was a letter from Freilich, Myler, Leimer & Carlisle concerning an
encroachment; there was no encroachment for the 20 foot right-of-way in the alley
2
ASPEN PLANNING & ZONING COMMISSION Minutes October 07~ 2003
and the extra space that was ctirrently~ ~ ~": :
open was private property that the neighbor
was driving through. This did not negatively affect the alleyway or the use of the
properties that adjoined the alley. Bendon stated there were suggested conditions
for noise and fire code.
Stan Clauson addressed the letters that the appearance of the building was designed
to be compatible with the adjacent housing and commercial building; Jeffrey
Halferty was present to address the materials. Clauson said that there were no
fumes because this garage facility did not have running vehicles once installed on
the pallets. Clauson utilized illustration boards to show how both bays could be
dedicated to ingress or egress during the peak hours or direction; this was
accounted for in the traffic study. Clauson stated that they would not engage in an
encroachment license of any sort for this property. Clauson agreed with a firm
commitment that runs with the land for the public benefit for the garage and agreed
with a condition of approval. Clauson said there was a traffic study, which
included queuing; a Wiley noise report indicating the Washington garage noise
levels that were below the code levels and the quality and type of construction will
conform to the city of Aspen noise standards. There were construction techniques
that will allow no noise issueS'. The employment ratio was on the high side but
subject to audit. The operational prospectus could be modified to include the hours
of operation and feel that it parking garage should close sooner rather than later
and limit to 10 pm, unless the planning and zoning commission comes to a
different consensus but they believe that the cliental served will be principally be
daytime cliental. Clauson said that 19 spaces offered a substantial public benefit
and 99 spaces would be available to the public and 19 would never be sold.
Clauson said that the parking spaces would most likely be rented for a full day; the
Rio Grande spaces had a 1.25 turn over per day. Clauson said that they would not
have an hourly rate but a daily rate and would add that to the operation prospectus.
Bendon reiterated that the cars would not be running inside the facility so there
would nOt be any concern for fumes. A PUD was used to determine the best way
to develop a property within that office zone district as a conditional use. Bendon
said that the capacity of the street was far below the actual usage capacity. There
was a 90 second turn over for the machinery so the queuing at peak hour might be
30 cars per hour. Staff was Satisfied with the noise study that was done with a
condition of approval to check the noise level at the time of certificate of
occupancy. The employee generation and employment mitigation was in excess of
what housing recommended and there would be an audit in place. There was
additional language to add for the ownership that would run with the property; a
new owner Would assume those conditions that were On the property. The
operation prospectus could be attached to the resolution.
3
ASPEN PLANNING & ZONING COMMISSION Minutes October 07, 2003
Jasmine Tygre stated based on what had happened at the last meeting the applicant
has come back and responded to areas of concern, which had mixed signals from
the commission concerning the number and usage of public spaces, hours of
operation and the hourly versus daily rate.
Steve Skadron stated his concern had to do with traffic; the volmne coming up
valley and this facility might cause additional traffic. The parking structure might
ultimately draw more traffic into town when the goal was to reduce traffic on
highway 82.
Jack Johnson said the biggest concern was the hours of operation; Jasmine's
wisdom reminded him that it was an office zone and it should close earlier. He had
no issue with the hours of operation as stated.
Roger Haneman stated that his concern was noise specifically related to the door
and a door slamming once every five or ten minutes.
Dylan Johns said that he was for the hours of operation with an earlier closing. He
also favored not having the hourly parking specifically because there was a paid
parking system that accommodated that use. He still had questions on the queuing.
Johns suggested a possibility of an off-site.
John Rowland stated that his concerns have not been swayed and he said it was in
complete conflict with the Aspen Area Community Plan. He said from a regional
approach there were bigger problems with the potential growth rate of this valley.
Jasmine Tygre stated that she was pleased that they reconsidered the hours of
operation, the elimination of an hourly rate but still had concern for the queuing
because it was not under the applicant's control.
Eric Cohen questioned the noise concerns and the dBA levels. BCndon replied
there were noise level readings from outside the facility as well as in the lobby of
the building, which were between 40 and 50, and would comply with our code.
Bendon stated that our code measured noise at the property line. Cohen asked who
would own those 19 spaces. Peter Fornell replied that he might own those 19
spaces or he may sell them, but the spaces would remain open. Cohen said that a
deed-restriction would be on those spaces. Cohen asked what would prevent an
owner from reserving their space for the whole year. Fornell replied that if the
owner had not used their space for 3 days, the car was bar-coded; it automatically
becomes public parking until the owner requests its use again. Cohen asked if on
page 3 of the operating prospectus it was a legal statement: the management
4
ASPEN PLANNING & ZONING COMMiSSiON Minutes october 07, 2003
company will also handle all subsequent sales and determine an appropriate fee.
Fomell replied that if it weren't legal or inappropriate then they wouldn't do it.
David Hoefer said that no matter how the sale occurs it was still subject to the
deed-restriction. Cohen stated that he still had concerns that the owner would want
their space and it would not be rented.
Ruth Kruger said that she was sensitive to the neighbors concerns, however the
community concerns were more appropriate and how it fits with the Aspen Area
Community Plan and the needs for the greater community. Kruger felt the size and
design of the building was compatible with the neighborhood; it was a necessity
for the parking situation; it will improve the economic viability. She said that it
will benefit the fringe retailers with traffic from the gondola. Kruger said when a
site was under parked it was set up for failure and gave Highlands as an example,
which had 1200 spots and now only has 450 so the retailers suffer. Kruger
supported this parking facility concept because there were no emissions and it was
favorable to bring into our high end resort a world class parking structure. The
hours of operation will probably be daytime parking but Kruger said the employees
of this town were over looked for parking and bus service. Kruger said that she
was delighted to see the private sector step up to the plate to help create a solution
to a public parking problem.
Jack Johnson asked if the commission would be able to review the revised
resolution prior to voting on it. There was discussion of how to amend and review
adding the operations prospectus to the resolution prior to voting on it.
Jack Johnson withdrew the motion to approve resolution #19 recommending that
city council approve the Park Place Consolidated/Final PUD, Subdivision, GMQS
exemption and Conditional Use for a commercial parking structure with the
addition of conditions for construction techniques, hours of operation, an
operational prospectus, public spaces, noise test, hourly parking, bar code device to
monitor unused spaces.
Eric Cohen added the operations prospectus should include the deed-restriction for
those 19 spaces. David Hoefer suggested staffbring back a resolution based upon
the amendments, which would make a cleaner. Stan Clauson said that they would
happy to be part of an annual audit by an independent review system as part of the
conditions of approval.
Roger Haneman asked how the bar code worked if an owner had more than one
car. Peter Fomell replied that all the rental cars had bar codes these days; these bar
codes would be a location inventory system as well as log the comings and goings.
Haneman asked how the doors were stropped. Jeffrey Halftery explained there
5
ASPEN PLANNING & ZONING COMMISSION Minutes October 07, 2003
were neoprene rollers that were belt driven with a sound dampening enclosure
where it meets the ground controlled by laser beams, which also made sure the cars
were properly placed on the skid.
Chris Bendon reviewed the hours of operation, 19 deed-restricted public use
spaces, reviewing the noise of the operation prior to the issuance of a certificate of
occupancy, a provision for an annual audit for noise, the 19 spaces, employee
generation and construction practices, fire code and the transfer of ownership
concerns. The operation prospectus will be part of the resolution.
MOTION: Jack Johnson moved to continue the public hearing for Park Place,
707 East Hyman the Park Place Consolidated/Final PUD, Subdivision, GMQS
exemption and Conditional Use for a commercial parking structure subject to staff
bringing back a revised resolution to October 21, 2003; seconded by Eric Cohen.
Johns, yes; Haneman, yes; Kruger, yes; Rowland, yes; Cohen, yes; Jaohnson, yes;
Tygre, yes. APPROVED 7-0.
PUBLIC HEARING:
BAVARIAN and TOP OF MILL PUD and GMQS AMENDMENTS
Jasmine Tygre opened the public heating for the Bavarian and Top of Mill PUD
and GMQS amendments. David Hoefer noted that the applicant was not present,
therefore the public hearing could not open.
MOTION: Ruth Kruger moved to continue the Bavarian Inn and Top of Mill
PUD and GMQS Amendments public hearing subject to the proof of notice to
October 21, 2003; seconded by l~lan Johns. APPROVED 6-1. (Johnson, no.)
PUBLIC HEARING:
808 BONITA DRIVE DRAC VARIANCE
Jasmine Tygre opened the public hearing for 808 Bonita Drive DRAc Variance.
David Hoefer stated that the notice met the requirements and the commission may
proceed.
Scott Woodford stated this was a variance to the residential design standards for
the Cherry residence to allow for double stall garage doors where single stall
garage doors were only allowed when accessed from a pubic street. Woodford
said that the garage was accessed from the driveway in the rear of the house and
was not visible from the public street, therefore there were no public views or
impacts to adjacent views due to significant vegetation.
6
ASPEN PLANNING & ZONING COMMISSION,, Minutes October 07~ 2003
Staff recommended denial because of the criteria; the AACP was hard to make a
finding for a site-specific plan like this one. The design standards were in the
process of being revised, which this variance would not be needed once that code
amendment is approved because double doors would be allowed in this case. The
second criteria more effectively address the issue or unusual site-specific
constraints, which staff felt was complied with. The double stall garage doors
make the entrance more efficient and therefore respond to the standard in a better
way.
Jasmine Tygre asked if the access to the garage was from the alley or driveway.
Jess Pederson replied that it was from a side driveway.
Jack Johnson asked if this went to City Council. Woodford responded that it
stopped at Planning & Zoning. The code amendments were on October 14th and
2nd reading on November 10th.
Joyce Allgaier said the garage doors did not face the street, which were residential
design standards and the garage was in the back yard. There were unique
circumstances that apply to the property.
Jess Pedersen said that the residential design standards requested reducing the
conflict with the pedestrian and automobile, enhancing the environment between
passers-by. This owner wanted to use his garage to park his car and get it off the
street, which met the residential design standards by reducing the hazards.
Ruth Kruger stated that this specific site design meets the residential design
standards because it had no visual impacts; this was site specific.
MOTION: Ruth Kruger moved approve resolution #23, 2003, for a variance to
the residential design standards for 808 Bonita Drive (lot 20, West Aspen
Subdivision, Filing O finding that the application furthers the Aspen Area
Community Plan for reasons of addressing the site-specific standards more
effectively; seconded by Dylan Johns. Roll call: Rowland, yes; Cohen, yes;
Johnson, yes; Skadron, yes; Kruger, yes; Johns, Tygre, yes. APPROVED 7-0.
Meeting ~adjoum,ed~at 6:45 p.m.
fc~cie Lothian, ~'~uty CityClerk
7