HomeMy WebLinkAboutminutes.apz.20040511ASPEN PLANNING & ZONING COMMISSION Minutes MAY 11, 2004
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COMMENTS ........................................................................................................... ~ ..................
DECLARATION OF CONFLICTS OF INTEREST ....................................................... 2
LITTLE AJAX SUBDIVISION AND CONSOLIDATED PUD .................................. 2
ASPEN PLANNING & ZONING COMMISSION Minutes MAY 11~ 2004
Jasmine Tygre opened the sPecial meeting of the Aspen Planning & Zoning
Commission at 4:30 pm in the Pitkin County Library Meeting Room. Members
Brandon Marion, John Rowland, Dylan'Johns, Jack Johnson, Ruth Kruger, Steve
Skadron and Jasmine Tygre were present. Roger Haneman was excused. Staff
present: David Hoefer, Assistant City Attorney; James Lindt, Joyce Allgaier,
Community Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Jasmine Tygre stated that she found the entire' Sesame Street application disturbing
and the language in the resolution did not address the concerns; the intent was not
carried over from the county. The commission requested the language be amended
in the resolution by next week.
DECI,ARATION OF CONFLICTS OF INTEREST
None.
PUBLIC HEARING:
I~ITTLE AJAX SUBDIVISION AND CONSOLIDATED PUD
Jasmine Tygre opened the public hearing for the Little Ajax subdivision and
consolidated PUD. David Hoefer stated the proof of notice was provided. Steve
Goldenberg stated that he did not receive a notice for the public hearing and
neither did John Staton. Hoefer explained the mailings were based upon the
county assessors lists.
Joyce Allgaier said there were several land use actions as part of this application,
one was a consolidated planned unit development (PUD); a growth management
quota system exemption for a single-family dwelling, subdivision and zone change
to residential multifamily R-15. Allgaier utilized a map to locate the subject
property, which part was in the city limits and part in the county; everything is
contingent upon annexation into the city of Aspen. The project's background is a
pre-annexation agreement with the city, which would provide an affordable
housing project on the lower flatter lands; the land mass has 3 development rights,
phase 1 is for a 3 lot subdivision. Phase 2 would be a separate application to
delineate the parameters for affordable housing with the city providing some
subsidy. Lot 3 would be set aside as a conservation parcel with the city.
Tygre asked how R-15 in the city differed from'R-15 in the county. Allgaier
replied they were very much the same and would have the same development
rights. Bandon Marion asked if all of lot 3 was conservation. Joe Wells, applicant
planner, responded if this application is approved by the city the land will come
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ASPEN PLANNING & ZONING COMMISSION Minutes · MAY 11~ 2004
into the city and the city will have an option at that time to buy a conservation
easement on all of lot 3.
Allgaier stated the 4 land use actions were (1) Growth management system sets up
the mitigation for the development of the single-family houses for ADUs, off-site
or fees. (2) Subdivision is required and established and sets up the parameters for
infrastructure with plat provisions. (3) PUD requires 15,000 square feet and Lot 1
is 14,006 square feet and Lot 2 is 12,590; a variance is needed. (4) Amendment to
the official zone district map is required after the annexation.
Allgaier recognized the geological details of the site and the packet provided some
lengthy detailed studies. There were three big areas of potential hazards in the
ground with a material handling plan for the unprocessed mine waste, mine shaft
and subsidence, rock fall and slope issues. The resolution has conditions
addressing these issues. Allgaier said the city engineers would implement the
necessary applicable steps for the geological situation. The Parlour Car Restaurant
resided on the site with a septic system and the applicant has been noticed so that
will be addressed prior to development. Allgaier noted that any' development on
Lot 3 would be below 7,950 feet otherwise the development will be subject to the
R-15 zoning and 8040 Greenline Review as well as slope reduction factors.
Joe Wells said that he has been working with Charlie Kaplan from Peter Gluck
Architects since 1999 on this project. Wells stated the annexation for upper
portion of the property was to create these 3 parcels with an option for the city to
purchase the conservation easement on Lot 3 and once the first phase is complete
then they will proceed with an affordable housing proposal for Lots 1 and 2; the
application is a step to prepare for the preservation of the upper portion of the
property and pursue 100% affordable housing on the valley floor.
The commission had questions about the funding for easements and trails; the
accessibility of the trails; how to get from the Little Cloud to the Midland trail;
how to get from the Midland trail to Hopkins; remediation of the site; request a
copy of the Shadow Mountain Guidelines; how will Hopkins as a bicycle and
pedestrian throughway be impacted by this project; more or less restrictive with
city zoning laws on Lot 3; historical significance of the site; why the lots were not
created as 15,000 square foot lots.
Allgaier replied that Hopkins will have 2 new curb cuts but will not have much of
an impact; the affordable housing trip generation will have another discussion on
the subject. Allgaier said on Lot 3 the county zoning allowed a larger house with
opportunity of subdivision. Hoefer stated that the site was not historically
designated. Wells responded the lots were smaller so lot 3 could be larger.
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ASPEN PLANNING & ZONING COMMISSION Minutes MAY llq 2004
Public Comments:
1. Donna Fisher letter (as in the packet dated May 4th) was noted in the rec ord.
2. Helen Palmer, public, said the Shadow Mountain area had historical
significance and mentioned the Colorado School of Mines maps and studies.
Palmer invited the public and commission to walk the Shadow Mountain site with
her.
3. Haily Dot, public, was concerned about the impacts on the pedestrians on
Hopkins from the project.
4. Martha Madsen, public, echoed Haily Dot's concerns and the impacts on the
bike trail.
5. John Kelley, attorney for the lands to the west, asked if the only the lot
subdivision for the 3 lots and annexation was on the table tonight. Wells replied
that was correct.
6. Fonda Paterson, public, asked when the 6 months began for the time limit
for the city to accept the conservation responsibility. Wells replied the pre-
annexation agreement denoted within 6 months of the recordation of the
documents.
The commission voiced concerns with "good faith effort" and "obligation to bring"
when something isn't established; opportunities for no development above the trail
or above the 7950 feet; how can the affordable housing numbers work; the
ambiguity of the project as presented; moving a project forward with a positive
vote with so much ambiguity yet there was merit to the project; access for Lot 3.
Joe Wells stated that within 3 months of the recording of the Phase 1 documents
the landowners shall prepare, file and process at their own expense an application
to rezone Lot 1 and Lot 2 as generally depicted from R-15 to AH-PUD and request
PUD and Subdivision approval for an affordable housing project for the 2 lots.
Wells said the purchase price of the conservation easements has been established
in the range of $1,025,000.00 to $1,275,000.00 depending on the valuation.
Hoefer noted there was an application on the table and that was what the focus was
and the commission should not speculate for future developments. Wells stated the
affordable housing project would be subsidized by the city. Allgaier stated that
this was a 3-lot subdivision with no aftermath anticipated and hope that Lot 3 will
be conservation.
MOTION: Ruth Kruger moved to approve Resolution #17, 2004 and recommend
City Council approve the subdivision and consolidated conceptual/final PUD
application to create Lots 1, 2 and 3, of the Little Ajax Subdivision/PUD, with the
following conditions: 1. The Applicant shall record a subdivision plat and agreement that meets
the requirements of Land Use Code Section 26.480 within 180 days of approval. 2.Lots 1 and 3 shall
share a driveway meeting the City Engineering Department Design Standards to be accessed off of V~est
Hopkins Avenue. Lot 2 shall have its own access meeting the City Engineering Department's design
ASPEN PLANNING & ZONING COMMISSION Minutes MAY 11~ 2004
standards to be accessed off of West Hopkins. 3. The Applicant s~hall identify trail easements meeting
with the approval of the City of Aspen Parks Department prior to final subdivision/PUD plat approval by
the City Council. On the final PUD plat the Applicant shall dedicate said trail easements to the City of
Aspen. 4. The Applicant shall construct sidewalk, curb, and gutter along the West Hopkins Street
frontage of the property being subdivided prior to issuance of a cert~cate of occupancy on any of the
individual residences in the subdivision. These improvements shall be designed using the City's
engineering standards. [n addition, the tree species and landscaping to be provided in the planter strip
between the curb and gutter and the sidewalk shall be approved by the City Parks Department. 5. As
part of the building permit submittal for the proposed development of the subdivision, the Applicant shall
submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating
the land is suitable to handle the proposed development. The Applicant shall also submit a report from a
qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fall hazards. 6. The Applicant shall contact a specialist to
conduct a geophysical investigation regarding the location of the mineshaft in order to determine the
potential for subsidence. This report shall be submitted for review by the Community Development
Department prior to the issuance of full structural building permits. 7. Prior to building permit issuance
~for any lot within the subdivision, the Applicant shall submit a detailed drainage plan prepared by a
licensed professional engineer demonstrating that the development will not increase historical drainage
rate of the properties. 8~ The Applicant shall provide the City with a mine waste testing and handling
plan that complies with the following conditions of approval as memorialized in Ordinance No. 25, Series
1994 regarding the handling of any contaminated soils encountered on the property prior to the
application for building permits: a.) Any disturbed soil or material that is ~o be stored above ground
shall be securely contained on and covered with a non-permeable tarp or other protective barrier
approved by the Environmental Health Department so as to prevent leaching of contaminated material
onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental
Health Department finds that: 1) the excavated material contains less than 1,O00 parts per million (ppm)
of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site. Disturbed soil
and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed
and authorized receivingfacili~, b.) Non-removal of contaminated material. No contaminated soil or
solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site
without having first obtained any and all necessary State and/or Federal transportation and disposal
permits, c.) Dust suppression. All activity or development shall be accompanied by dust suppression
measures such as the application of water or other soil surfactant to minimize the creation and release of
dust and other particulates into the air. d.) Vegetable and flower gardening and cultivation. No
vegetables or flowers shall be planted or cultivated within the boundaries of the site except in garden
beds consisting of not less than twelve (12) inches of soil containing no more than 999-ppm lead. e.)
Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features
requiring the dislocation or disturbance of more than 1 (1) cubic yard of soil shall require a permit as
provided in Section 7-143 (4). f) Any contaminated soil or mine waste rock to be left on-site shall be
placed under structures or pavement. Soils used in landscaped areas or engineered fills shall be covered
by a minimum of l foot of clean soil that contains less than 1, O00 ppm lead.) 9../?n the event that any part
of the septic system is encountered during construction, the Applicant shall contact the Environmental
Health Department for directions on proper handling and disposal. In the event that the Applicant
encounters an existing septic system, the Applicant shall provide a handling and waste disposal plan that
complies with City Environmental Health Department requirements for the abandonment of said septic
system. 10. Approval of the application for subdivision, zone change, GMQS exemption and PUD shall
be contingent upon the annexation of all of the property within the subdivision into the City of Aspen. 11.
The PUD approved herein shall establish the minimum lot size for Lot 1 as 14, 000 square feet and the
minimum lot size for Lot 2 as 12,500 square feet. No development is allowed on Lot 3 above the elevation'
line of 7, 950feet. The remainder of the dimensional requirements for the Little Ajax Subdivision/PUD
shall be those of the R-15 (Moderate-Density Residential) Zone District, as amended from time to t#ne.
12. All development within the subdivision shall meet the Residential Design Standards as set forth in
Land Use Code Section 26.410 or obtain variances from said standards. 13. The applicant shall install a
fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences
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ASPEN PLANNING & ZONING COMMISSION Minutes MAY 11, 2004
that exceed a gross floor area of 5,000 square feet. 14. The applicant shall'bomply with the City of
Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department. 15. The applicant shall comply with the Aspen Consolidated Sanitation
District's rules and regulations. No clear water connections (roof foundation, perimeter drains) to
ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station.
16. The applicant shall pay a proportionate amount of all applicable impact (Park Development Impact
and School Land Dedication).fees prior to issuance of a building permit for each residence within the
subdivision. ] 7. The Applicant shall complete all the necessary tree removal permits and pay the
applicable tree removal mitigation fees to the City of Aspen Parks Department prior to the submission for
building permits. 18. The vested rights assoctated with this subdivision/PUD approval shall last ten (10)
years froTM the date of City Council 's final approval. Jack Johnson seconded. Roll call vote:
Johnson, yes; Johns, yes; Skadron, no; Kruger, yes; Rowland, yes; Marion, no;
Tygre, yes. APPROVED 5-2.
Discussion: Skadron and Marion struggled with the ambiguities; Johnson and
Kruger applauded the applicant for the affordable housing efforts.
Adjourned a.t 7~5 pm.
~r~kie Lothi~n, Deputy City Clerk
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