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HomeMy WebLinkAboutminutes.apz.20040907ASPEN PLANNING"&'ZONiNG'~COMMiSSiON_ Minute: Sel~tember 07~ 2004 COMMENTS ........................................................... MINUTES ........................... ' 2 DECLARATIONS OF CONFLICTS OF I~TEREST .................................................... 2 INNSBRUCK INN MINOR'P~/~D~ TiMEgI2IA~ REviEW ........ i .................... i. 2 CODE AMENDMENT- TRANSFERABLE DEVELOPMENT RIGHTS .............. 9 ASPEN PLANNING & ZONING COMMISSION - Minutes September 07~ 2004 Jasmine Tygre opened the regular City of Aspen Planning and Zoning Commission at 4:30 in the Sister Cities Meeting Room. Commissioners present were Steve Skadron, John Rowland, Dylan Johns, Ruth Kruger and Jasmine Tygre. Jack Johnson and Brandon Marion were excused. Staff in attendance: David H0efer, Assistant City Attorney; Joyce Allgaier, Community Development Deputy Director; Jackie Lothian, Deputy City Clerk. COMMENTS Roger Haneman submitted his letter of resignation. proclamation for Roger and some sort get together: an ad for boards and commission members. Jasmine Tygre requested a Tygre asked if there has been Joyce Allgaier distributed a survey to the commissioners on the Residences at Little Nell. Allgaier noted that over the weekend of the 17th and 18th our community .would host Park City visitors and the commission is 'invited to dinner at Shlomo's on Saturday September 18th from 6-9pm. MINUTES Jasmine Tygre asked if the commission was prepared to approve the minutes from July 27th, August 3rd, August l0th and August 17th. The commission elected to hold the approval of the minutes until the next meeting. DECLARATIONS OF CONFLICTS OF INTEREST None. PUBLIC HEARING: INNSBRUC K INN MINOR PUD AND TIMESHARE REVIEW Jasmine Tygre opened the public hearing for the Innsbruck Inn minor PUD and timeshare review. David Hoefer stated two affidavits of notice were provided and the jUrisdictional requirements have been met. Joyce Allgaier stated the Innsbruck Inn was located at 233 West Main; the application included approval for a minor PUD to expand and convert into a timeshare lodge from a traditional lodge. The applicants wanted to add a wing onto the western part of the building towards Main Street; the proposal included cosmetic and physical changes to the interior and reorganization of the room layout. The 33-unit lodge would be converted into 10 two-bedroom suite and 2 one-bedroom suites for a total of 22 lock-off units and one voluntary affordable housing unit on site. Allgaier said the applicant wanted to reconfigure the parking 2 ASPEN PLANNING & ZONING COMMISSION - Minutes" ........... ~' September 07, 2004 situation; currently there was a curb cut on Main Street that would be eliminated and utilize parking on South Second Street. Allgaier noted the Historic Preservation Commission supported the eliminatiOn of parking from the front on Main Street and the head-in parking on South Second conflicted with Historic Preservation Goals of leaving the streetscapes in tact and not cut into the green-strip but rather utilize the 12 parking spaces in the back in the alley. Allgaier explained one parking option was coming in off Main Street with 4 parking spaces orientated so they could back out on-site and head out onto Main Street and using Second Street. Staff and HPC did not favor the South Second Street option; there were many spaces on the street, which could accommodate the lodge use. Allgaier stated the dimensional requirements met with the underlying Office (O) zone district and they were not asking for an increase in height;'the lodge character was maintained with the cosmetic enhancements and landscaping. There was no net increase of employees. Staff recommended approval of the proposed resolution with conditions and the recommended parking option to utilize the 12 spaces in the alley and on street parking in the neighborhood. Mitch Haas, applicant's planner, explained that the architecture on the front fagade would add a couple of dormers but the main ridgeline did not change. The new wing would be built to match the other side to give symmetry to the building with the lobby on the ground floor and a common room above it. The remainder of the building would be the reconfigured lodge rooms combining 4 front and back rooms making 10 2-bedroom suites with the bedrooms on the back half with a living/kitchen area in the front and lock-offs and 2 1-bedroom suites, which is a total of 22 keys. There will be new basement space under the new addition for storage, laundry and house needs. The affordable housing unit will be below grade under the office, which wasn't necessary for the approval and the lodge manager would be housed in that unit. Haas noted the affordable unit exceeds the housing standards with regards to natural light and amenities. Haas stated the parking plan included public head-in spaces on Second Street right- of-way but did not go over well with HPC or staff so the idea was abandoned unless P&Z and Council approved of that parking. Haas said the number of bedrooms decreased in the lodge so the parking demand, in theory, decreases substantially as well. The LP program allows a deficit in parking; the city counts the alley spaces as 6 parallel and not 12 pull-in spaces because of the encroachment into the alley. Allgaier said the city counted 10 spaces. Haas stated ASPEN PLANNING & ZONING COMMISSION - Minutes September 07~ 2004 they counted 12 from the last approval and provided a few alternate parking plans. One plan included retaining the Main Street curb cut with 4 spaces in front with a hammerhead option of 2 spaces facing east and 2 facing west. The other option, which no one seemed to like, was to simply provide 3 spaces off the front but hasn't gone far. Haas said that they could eliminate the parking spaces in front and curb cut making the area a courtyard with landscaping, Which would add maybe 2 parallel parking spaces on Main Street that don'.t exist today. Haas requested the option of maintaining 2 guest-loading spaces for check-in and checkout either on Main Street or one on Main and one on Second. Allgaier stated that 16 spaces were required bY the land Use code and the application included 12 across the alley. Haas noted the deficit now with the 33 units and 12 spaces as opposed t°the proposed 22 bedrooms with 6 spaces~ ~ Haas said the dimensional requirements were established through the PUD with. setbacks as drafted in the resolution and those conditions were acceptable With the addition of 2 guest check-in/checkout spaces. Other amenities were providing a better bus stop. Haas stated from studies the traditional timeshare projects, which were considered affordable for fractional projects, had an average occupancy rate of about 80% and this lodge has been running at a 43% occupancyrate. They felt by increasing the occupancy rate it offset the decrease in the number of bedrooms. This plan keeps it running as a lodge. Steve Skadron.asked .why the occupancy was at 43%. Haas responded it was partly location and the d6cor of the rooms was fairly antiquated. Skadron inquired what was meant by affordable. Haas replied they had to disclose average sale prices, which were $74,000.00 to 157,000.00 per share. Gwen Dickenson provided the price points for the fractional sales. Allgaier commented the other fractional projects ranged from $300,000.00 and up per share. Haas said these properties would act as a second home. Dylan Johns asked how long the current owners operated the Inn. Haas replied the' current owners just bought this laSt year; the history provided went back 5 years with the previous owners. Dickenson said the Haisfields owned the Inn for 7 years prior. Johns asked the general dimensions for the 2-bedrooms. Dickenson replied the smallest was 1,040 square feet and 1,338 square feet was the largest with 4 units; the average was 1200 square feet. Johns asked the origin of Exhibit 8. Haas replied it was the Performa required by the timeshare ordinance with a proposed ASPEN PLANNING & ZONING COMMISSION'- Minutes September 07, 2004 owners budget. Johns asked when the last capital improvements were made on this property. Dickenson replied last year and the occupancy remained the same. Jasmine Tygre asked if there was any indication from the city to change the 12 parking spaces in the alley to 6. Haas answered no; the 6 was a technical numbers calculation for code compliance and after the last approvals an encroachment license was issued to leave the parking the way it was. Tygre asked if there were any problems in the past for the parking of hotel guests. Haas replied no and this neighborhood doesn't have a parking problem. Allgaier said there was no objection from parking or engineering for on street parking in the neighborhood. Tygre asked if the setbacks were a minor deviation form the code. Allgaier cited the table on page 3 of the staff memo the underlying zoning required 5 feet on the. side yard and the proposed was 4 feet; 15 required and 13.5 feet proposed for the rear yard setbacks. Haas stated the architecture would be reminiscent of the chalet style with gables and exposed joists providing the horiZontal'breakup pattern. Public Comments:. Scott Martin, public, said he was moving immediately across the alley and approved of the proposal. Martin said there were no concerns about the parking on the street. Haas requested the addition of a condition adding the check'-in/checkout guest spaces. Johns said the parking wasn't an issue but another lodge going timeshare was an issue. Allgaier stated that the criteria for judging the project were from the PUD; the goals of the fractional ownership regulations were to make fractional ownership as much like a lodge as possible. Allgaier said when the units were not used by owners the units were Placed into the rental pool. Johns stated that there was no operable timeshares to come out of the regulations at this time. Ruth Kruger agreed with Dylan about, loosing the small lodges and questioned the ability of this small lodge being operated as fractional ownership. Allgaier said there were mandatory operational characteristics. Haas stated that the timeshare was a way to prOvide hotbeds and keep the lodges working as opposed to a lodge running at a loss. Haas explained there were 12 estates in each unit' with the rights to 4 weeks over a year, which adds up to 48 weeks a year leaVing 4 weeks per unit set aside not being used by the owners to go into a central reservations pool. Haas stated there was a front desk and they planned on a local and national reservation system; 'this was a different market than the Hyatt, Dancing Bear or Nell. ASPEN PLANNING & ZONING COMMISSION - Minutes September 07, 2004 Tygre said that the commission and planning staffhad concern for the number of timeshare applications that have been proposed. Tygre said that this was the first lower price-point fimeshare proposal and maybe the "wish list for the commission" should include re-visiting lodge revitalization because it has become lodge conversion to timeshare. Tygre said Ruth's point about the Hyatt having an established reservation system in place as opposed to a small lodge without that dependency. Commissioners Tygre, Kruger, Skadron and Johns all shared concern for the timeshare use in general. Kruger remarked that 33 rooms were being converted into 12 suites and asked where the lower end guests would stay; this could eliminate an entire population of guests from the pool. Allgaier said that she will request a joint work session with council and P&Z on the timeshare concerns. John Rowland did not feel this project was a problem for timeshare but agreed with the commissioners on the need for a work session on timeshare. Kruger said if the on-site parking were taken off Main Street and placed on South Second Street it would improve the traffic flow removing the curb cut; she was always opposed to under-parking any project. All commissioners agreed with the removal of the Main Street curb cut. MOTION: Ruth Kruger moved to recommend that Citv Council approve Minor Planned Unit Development, Subdivision, Timeshare, and Lodge Preservation and Affordable Housing GMQS Exemptions for the Innsbruck Inn, a propert, v located at 233 West Main Street to expand and convert to a timeshare lodge consisting of twenty-two (22) lodging bedrooms and a one-bedroom affordable housing unit, with the following conditions: 1. A final Subdivision/PUD agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by the Historic Preservation Commission (the HPC). 2. A final Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by the HPC and shall include the following: ad A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals, 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. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: ASPEN PLANNING & ZONING COMMISSION - Minutes September 07, 2004 6,000 4 Feet for building/1.5 Feet Decks, 0 Feet for Planter Box and Monument Signage Wall 4 Feet for building/O Feet for 2~a Floor Decks and Roof Overhangs 13.5 Feet (Railroad Tie Retainin~ Wall to 25 Feet 'utremenl Per Final PUD Plans .985.'1 Per Final PUD Plans 0.26 spaces per bedroom (6 spaces and 23 total bedrooms, including one Affordable Housing bedroom) (This represents the Par]a'ng Option of removing the parking spaces accessed from Main Street without replacing them 4. The building permit application shall include: a.) A copy of the final Ordinance and recorded P&Z Resolution, as well as the Final HPC Resolution. b.) The conditions of approval 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 and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e.) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. Ifa 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, f) A construction management plan pursuant to the requirements specifted in Condition No. 21 included herein, g.) A fugitive dust control plan to be reviewed and approved by the Environmental Health Department, 'as detailed in Condition No. 15 included herein. 5. Throughout' the structure, the Applicant shall install a ftre alarm system meeting the requirements of the Fire Marshal. The Applicant shall also install a ftre sprinkler system that meets the requirements of the Fire Marshal. 6. Prior to issuance of a building permit: a.J The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. b.) All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is ftnalized, those fees shall be payable according to the agreement. 7. The Applicant shall convey an undivided fractional interest (one-tenth of one percent (0.1%)) in the ownership of the deed-restricted employee housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with rent control legislation and common law. To satisfy rent control issues, the Applicant may submit an alternative option acceptable to the City Attorney. Conveyance of the undivided fractional interest in the affordable housing unit shall occur prior to issuance ora certificate of occupancy on the reconftgured and expanded lodge. 8. If the Applicant 7 ASPEN PLANNING & ZONING COMMISSION - Minutes sePtembe 'o 2004 conveys an interest in the affordable housing unit to the Housing Authority as described in Condition No. 7 above (rather than an alternative acceptable to the City Attorney), the Applicant shall indemnify and hoM harmless the Aspen/Pitkin County Housing Authori~. and City of Aspen from any claims, liability, fees or similar charges related to the Housing Authority's ownership in the deed restricted employee- housing unit. 9. Prior to issuance of a building permit, the Applicant shall record a deed restriction for the employee-housing unit. The employee-housing unit shall be deed restricted at the Category 2 rental rate, but since the unit is included in the lodge itself and intended to house employees of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of construction to establish mutually acceptable lease terms for employees whose units are attached to the business. 10. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. The Applicant shall repair any cracked or uneven sections of sidewalk adjacent to the property and improve the sidewalk, curb, and gutter in the adjacent public right-of-way along Main Street and along South Second Street to meet the City Engineering Department's Standards, which includes replacing the Main Street gutter system adjacent to the Innsbruck property to provide a gutter with a slope that meets the City Engineer's specifications. The curb along Main Street adjacent to the subject property shall be improved to a six (6) inch vertical curb. 12... The Applicant shall extend the sidewalk that exists adjacent to South Second Street across the alleyway with six (6) inch thick reinforced concrete. The Applicant shall also install a concrete driveway ramp meeting the City Engineer 'S standards from South Second Street to the sidewalk that is to cross the alleyway. 13. The Applicant shall pay the appropriate Street Impact Fees to the City of Aspen for excessive wear to the streets caused by construction traffic as determined by the Engineering Department. 14 The Applicant shall be required to show plans for all improvements, snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. 15. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing; watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required with the submittal for building permits. 16. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: a.) The City Forester or his/her designee must inspect this fence before any construction activities commence, bO No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. 17... The Applicant shall install a tree root barrier on the trees that are to be planted within ten (lO)feet the sidewalk, curb, and gutter to prevent future root damage and sidewalk upheaval. 18. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with 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. 19. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. If new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) to sanitary sewer lines shall be allowed. All imProvements below grade shall require the use of a pumping station. 20... The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 21 ... There will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans that are consistent with the City Construction Management Plan Guidelines at the time of building permit submittal. 22. The ApPlicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to serving food in the multi-purpose room. If determined to be necessary by the Aspen Consolidated Sanitation District, the Applicant shall install an ASPEN PLANNING & ZONING COMMISSION - Minutes oil and grease interceptor in the multi-purpose room/kitchen. 23... The Applicant shall join any future improvement districts that are formed to complete future City approved improvements to the adjoining/ surrounding right-of-ways. 24. All exterior lighting shall meet the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended from time to' time. 25. All design, installation, and maintenance of the pool and spa must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations." Pool water_shal!,be,dr~i~e~ireqtly into the sanitary sewer and shall not be drained into the storm sewer. ~,. .q Applicant must have the Aspen Consolidated 'Sanitation District approve the drain size for th~ sWimming pOol and spa before installing them. 26. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. 27. The Applicant shall pay the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance. 28. Alt unsgld f~m~sbare u_ni._t~ t!tq.(,.are,,~qt · used by the Applicant for eXchange, marketing or promotional purposes shall be made available for short-term rent until purchased. This condition shall be included in the ~UD/Subdt?ision Agreement to be recorded in the Pitkin County Clerk and Recorder's Office. 29. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or' its guests or utilized for exchange programs. The Applicant shall submit timeShare documents to the City Attorney for review and approval prior to recording them at the office of the Pitkin County Clerk and Recorder. 30. The Applicant shall maintain thd option of ~igning up to two (2) on-street parking spaces adjacent to the Innsbruck Inn as sh~rt-term drop-off parkingfor guests checking in and checking out. If the Applicant chooses ~0 sign Up t;'~2)~-~treet parking spaces as Short-term dr°P-°ff Parking, they may sign the spaces either on Main Street or South Second Street. ~Se¢on~ed,,by Dylan Johns. Roll call vote: Skadron, yes; Rowland, yes; Johns, yes; Kruger, no; Tygre yes. APPROVED 4-1 PUBLIC HEARING: CODE AMENDMENT - TRANSFERABLE DEVELOPMENT RIGHTS Jasmine Tygre opened the public hearing for the TDR Code Amendment; not~ce was provided. Joyce Allgaier explained that Gideon Kaufman presented this code amendment on behalf of the Lauder family. City Council requested per Gideon Kaufman this code amendment and after the P&Z ~review it will go to Council, Allgaier stated the former code granted floor area bonuses for 50% for detached ADUs and another 50% for deed-restricted ADUs so in this situation the ADU was 100% exempt from the floor area charge. The Lauder's built the main residence to the maximum floor area. A!lgaier said after this was built .there was a code change that required ADUs to be detached~ ,ar!.~ ~he fig~gr ar¢~ e3~mption was revoked unless it were condominiumized and sold to g_~w~rk~og resident. That was what made this property non-conforming; the Lauder property was a legally created non- conforming ADU. The applicant's wanted to convert the basement into livable space. Staff identified 2 options that could exist where the Lauders decreased the size of their house in order to add to the floor area of the ADU or deed-restrict and sell the ADU and neither option was being sought by the applicant at this time. 9 ASPEN PLANNING & ZONING COMMISSION - Minutes September 07, 2004 Staffdid not recommend approval because it was unclear if the proposal was to allow only enough floor area to accommodate the expansion or that the TDR purchase would make up for the deficit. The proposal was for a by fight system and staff felt it should be a special review to weigh in on each case-by-case scenario. Allgaier said there was the possibility of a number of applications but were not sure how many and would like to see the fledgling HPC TDRs get under way before adopting another TDR program. Gideon Kaufman, represents the proponent of this code amendment, said that a detached and deed-restricted ADU created floor area exemptions for the residence; the code changes created the non-conformity. Kaufman said when the ADU was built there was a kitchen, bath, bedroom and living area and below grade there was an existing office, storage, mechanical and a full bathroom. Because it didn't have the required ventilation and light it didn't count in FAR. Kaufman said it was probably the best ADU built in Aspen but they have tried to figure out how to accommodate the growing needs of a family. If 2 window wells were added for the required light and ventilation then the FAR counts and you cannot add FAR because it was non-conforming. Kaufman said that was why they came forward with the proposed code amendment to help these detached and mandatory rented ADU units; he distributed an amendment to the code amendment adding special review. These TDRs from free-market housing can only be transferred to an ADU and would only count for the amount of square footage added. Kaufman illustrated through photos and drawings the placement of the window wells. Kaufman restated the floor area would be utilized from free-market to enhance Affordable Housing Program; it would be positive for the community. Jasmine Tygre inquired about the number of ADUs that would be affected by the code amendment. Kaufman said the size of the ADU has also increased and at special review P&Z would make the decision. Johns asked why the TDR part of this speak to the free-market and nOt tie into' the Historic TDR program. Kaufman repliedthe Historic TDR PrOgram means that a TDR can only come from a Historic structure; those TDRs are worth $100,000.00 to $150,000.00 Per TDR, which makes sense because it is free'market value but if you increase an employee unit they don't want to pay thOse TDR prices. Tygre asked where these TDRs would come from that would be so much cheaper. Kaufman replied that there were a few properties and the. TDR would include deed-restrictions but Historic TDRs could not be used for this program. 10 ASPEN PLANNING & ZONING COMMISSION - Minutes September 07, 2004 Steve Skadron asked how the TDR receiving property would be able to accept the TDR if it was built to What was at the time the maximum and now why would it be acceptable. Allgaier replied that was one of issues. Kaufman responded it was only for the affordable housing program and would not exceed what the code allowed for the ADU to be expanded up to. Tygre asked what the criteria would be cited. Kaufman replied the Code for special review, compatibility with the neighborhood, impacts on water and sewer. · Tygre stated that everything was in pieces and it was not clear what P&Z was to vote on; those criteria were not included. Kaufman answered it was referenced in the code. Tygre said she wanted all the pieces in front at the same time and how many properties were involved in this type of situation. Skadron asked the size of an ADU. Johns replied the size ranged from 300 to 900 square feet net livable. The commissioners voiced concern for the incomplete information on the number of units that could be affected; the specific criteria for the special review; specific and detailed restrictions on the sending party, site specificity; the addition of dimensional requirements regarding the detached ADU and enforcement. The commissioners were concerned about the TDR program. MOTION: Steve Skadron moved to continue the public hearing for the TDR Code Amendment to September 21, 2004; seconded by Ruth Kruger. APPROVED 5-0. Meeting adjourned at 7:00 p.m. ckie Lothi~n~, Deput~ City Clerk 11