HomeMy WebLinkAboutminutes.apz.20041207 ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07, 2004
COMMENTS ............................................................................................................................... 2
DECLARATIONS OF CONFLICT OF 1NTEREST ..............................................................2
SOLDNER/BURLINGAME RANCH PROPERTY INITIAL CITY ZONING .................. 2
SIGN CODE AMENDMENTS .................................................................................................. 2
FOX CROSSING SUBDIVISION ............................................................................................. 2
· 1201 RIVERSIDE DRIVE REZONING ................................................................................... 6
LITTLE AJAX CONSOLIDATED CONCEPTUAL/FINAL SPA AND ASSOCIATED
LAND USE REQUESTS ............................................................................................................ 7
ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07~ 2004
Jasmine Tygre opened the regular meeting of the Aspen Planning and Zoning
Commission in Sister Cities Meeting Room. Members Brandon Marion, Jack
Johnson, Dylan Johns, John Rowland, Ruth Kruger and Jasmine Tygre were
present. Steve Skadron arrived at 6:00pm. Staff in attendance were: David
Hoefer, Assistant City Attorney; Chris Bendon, James Lindt, Chris Lee,
Community Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Chris Bendon said December 14th would be a work session with P&Z in the City
Manager's Office.
DECLARATIONS OF CONFLICT OF INTEREST
Steve Skadron was conflicted on the Fox Crossing.
PUBLIC HEARING:
SOLDNER/BUREINGAME RANCH PROPERTY INITIAL CITY
ZONING
This hearing was closed.
CONTINUED PUBLIC HEARING (10/19):
SIGN CODE AMENDMENTS
Jasmine Tygre opened the continued public hearing for the Sign Code
Amendments.
MOTION.. Jack Johnson moved to continue the Sign Code Amendments to
January 18, 2005; seconded by Brandon Marion. All in favor; Approved 6-0.
CONTINUED PUBLIC HEARING (11/16/04, 11/30/04):
FOX CROSSING SUBDIVISION
Jasmine Tygre opened the continued public hearing on Fox Crossing. Chris
Bendon stated at the last meeting the commission requested the language in the
resolution be amended and added additional direction on the code amendments.
Bendon said there was an economic advantage to be able to move TDRs around in
a subdivision and as an advantage to preserving historic structures. The second
code amendment was the development right for preserving an open space parcel;
Bendon said this was an important goal and should go forward to city council
regardless of what happens with Camilla's application. Preserving open space
was a goal and another tool for the city. Bendon said language was changed in
the resolution to require affordable housing mitigation in Section 3; Sections 4
and 5 were specifically for Camilla's project. Bendon noted that the remaining
question was if other developers might find the code amendment interesting; since
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Minutes - December 07~ 2004
then Bendon received a call from a private planner regarding a property owner
contemplating doing an open space preservation but they need development rights
to be able to do this.
Bendon stated the traffic safety advisory committee did meet (a memo was
included in the commissions' mail boxes). The memo from the TSAC did not
like the bollards; the Walnut Street extension connecting to Lone Pine and the
adequacy of Race Alley and Race Street. Bendon said TSAC said to either widen
Race Alley and Street to a 30-foot right-of-way or make the streets one-way with
a sidewalk on one side and for Race to continue to Lone Pine. Bendon said the
obligation was to review if the proposal met the standards. Bendon said that
widening Race Alley would not be a very popular idea; he included the
designation of Race Alley as one-way with a sidewalk on one side of the alley.
Bendon stated the applicant was aware of the deed-restrictions on Aley Park.
Bendon noted that Nick Adeh was present; Adeh was on the traffic safety
advisory committee.
Camilla Auger stated that Phil Overyender requested a second water line, which
was done. Auger said that they will do a passive park at Aley Park with gardens.
Auger said the issue of connecting Spruce Street with Lone Pine would not lessen
any traffic on Spruce Street but would make a short cut through the project, which
would make the historic preservation and preservation of the park not possible.
Auger said there were several letters and Hunter Creek Condominiums objecting
to the street going through; this would require taking out 50 trees and increase
traffic. Auger said there are currently 7 full-time working resident tenants on this
property (Walnut and Race Alley) and once the project goes forward most of the
people will be second homeowners so there would be a reduction in traffic.
Letters placed into the record were from Bill Stifling and Dawnette Smith, The
Renters of Walnut Street LLC, John Erspamer and Marcia Poutous, Ward and
Mimi Hauenstein, Mark Hesselschwerdt, Colleen Burrows, Lisa Thurston, Jon
Busch, Martha Cochran, Parks Department, Dale Will, Clurie Bennis, Larry
Griffith and the Traffic Safety Advisory Committee (TSAC).
Nick Adeh, city engineer, stated there were tremendous concerns regarding the
subdivision and the re-configuration of the subdivision prompted the need to take
this proposal to the Traffic Safety Advisory Committee. Adeh said that as
proposed it meets the bare bone minimum for traffic movement with the
exception of the need to widen Walnut Street to fit the public water loop in that
easement; there was a suggestion to make Spruce Street connecting to Lone Pine
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Minutes - December 07, 2004
through this subdivision, which would provide street entrances for all of the lots.
Adeh said the minimum was 20 feet for Walnut Street with two-way traffic and
Race Street would be one-way because of the width. Adeh said the National Fire
Marshall requires a minimum width for one-way travel (restricted by walls of
buildings) be 20 feet.
Public Comments:
1. Jon Busch, public, supported the application as submitted. Busch said that
sidewalks should be deferred to a later time and he would add a paved trail
through the open space to connect to Walnut Street for a better pedestrian
walkway.
2. Bill Stirling, public, said that he helped the developer assemble these lots
over the course of 3 years and he manages the existing rental properties on this
parcel. Stirling supported keeping Race two-way because it lends character,
charm and country feeling to the neighborhood. Stirling said about 60% of the
property in Aspen is owned by absentee or second homeowners, which would
probably be true for this project once it is purchased. Stirling said keeping Race
two-way would keep it from becoming a short-cut. Stirling said this subdivision
with the open space no longer gives that lot line to lot line feeling and creates a
connector for the upper and lower trails. Stirling said the neighbors have been
extremely helpful for the project. Stirling said the density in this subdivision was
much less than the density that was in most neighborhoods; he said this was a
great opportunity for the town with long-range benefits.
3. Patti Clapper, public, voiced concern over the one-way of Race Alley and
the traffic flow. Clapper supported the trail.
4. Dave Harris, public, stated he lived across the alley from this project and he
counted 19 houses in the neighborhood currently and this doubled the
neighborhood. Harris stated as a subdivision it should have access within itself
with streets contained.
Dylan Johns asked about Exhibit C regarding the Historic TDR Landing sites and
the total number of floor area per unit in the subdivision and how it worked.
Bendon replied the total number of TDRs that can be used within the subdivision
could not be more than what could have been used before the code amendment,
which was Exhibit C. Bendon said there were 19 residences, which 2 were
historic, so there would be an eligibility of landing 17 TDRs in that subdivision
without a code amendment. Hoefer stated that only 8 lots could have 2 TDRs.
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Minutes - December 07~ 2004
Brandon Marion commented that Camilla did not previously reveal that access
had been granted to the Hunter Way parcel and contradicted what the applicant
said in a previous meeting and at the November 30, 2004 meeting it was brought
up. Marion said this caused him great concern for the integrity of the planning
and zoning process and the Fox Crossing proposal but he will continue to look at
the project fairly and cast his vote on the merits of the project.
Marion asked who owned the land currently. Camilla Auger replied 4 unrelated
investors that lived in Texas. Marion asked how they can approve the project if
Race Street is not adequate. Hoefer replied that was part of the subdivision; it
would have to be brought into compliance by either making the street one-way or
widening the street. Hoefer noted on page 9 of the Resolution the applicant could
do either one; P&Z could recommend one over the other. Marion asked how the
3 TDRs were proposed in exchange for the Hunter Way parcel. Bendon
responded that was largely from the comments from Open Space and fits within
current zoning; roughly it was the same amount of square footage and an
opportunity for the city. Bendon said there was no scientific method.
Jack Johnson requested that the allocations be brought up at the work session for
discussion. Tygre agreed because the amendment troubled her as well. Tygre
said the criteria could be very specific in terms of evaluation for guidelines.
Johnson stated the project was complicated but a great project. Johnson said the
beauty of it was the meadow and the trail running through it connecting with
Oklahoma Flats and Hunter Creek. Johnson said the connection between Spruce
and Lone Pine gets in the way of the beauty of the project and would negatively
impact the park idea. Johnson said Race Alley should remain two-way but he
would vote for the resolution as written.
Johns said that it has been shown that there were multiple options for Race Alley.
Johns agreed with Johnson on the connection between Spruce and Lone Pine
negatively affecting this subdivision.
Kruger agreed with Johns on supporting the resolution with the 2 options for
Race.
John Rowland asked about the Traffic Safety Advisory Committee's
recommendations. Adeh replied that it was not just about traffic but also the
utility easement comdor, which would mean the corridor had to meet the
requirements of 20 feet. Rowland said he was comfortable with the subdivision
and it met the character of the East End.
ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07~ 2004
Tygre stated that she would abstain from voting on this resolution and suggested
the code amendment be taken out of the resolution; she said it would be a lot
cleaner and future applications development rights would be addressed separately.
Hoefer stated that through the public notice process this code amendment was part
of the project but in the future the code amendments should be separate and prior
to the project application.
MOTION: Brandon Marion moved to approve Resolution #33 and recommend
City Council approve Fox Crossing and the associated Land Use Amendments
with the addition of the solidification of the trail through the park; seconded by
,lack Johnson. Roll call vote: Kruger, yes; Rowland, yes; Johns, yes; Johnson,
yes; Marion, yes; Tygre, abstain. Motion carried 5-0.
C ONT1NUED PUBLIC HEARING (11 / 16):
1201 RIVERSIDE DRIVE REZONING
Jasmine Tygre opened the public hearing for the rezoning of 1201 Riverside
Drive. David Hoefer stated this was a continued public hearing and notice had
been provided on November 16th. James Lindt explained that Dale Hower
submitted this application to rezone the property at 1201 Riverside Drive from
R-15 to R-6; P&Z is the recommending body to City Council on this action.
Lindt provided the history of the property; the applicant designed 2 residences for
this property based on the R-6 Zone District (because the zoning map had shown
this property was in the R-6 zone district in 1990). Lindt said the zoning map was
in error because the property was actually zoned R-15; the applicant then sued the
city. There was an agreement to rezone the property; two smaller houses would
probably be built on this site rather than one large single-family house. The
rezoning would remove the non-conforming status and all the property to the
north was zoned R-6. Staff recommended approval.
Dylan Johns asked if the net effect allows for a duplex but reduces FAR. Lindt
replied that is correct.
Jack Johnson asked if this was the only non-conforming R-15 lot in that
subdivision. Lindt replied that it was not.
No public comments.
Brandon Marion asked if there would be an access problem if it were a duplex
rather than a single-family. Lindt replied that it was off the culd-de-sac and the
ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07~ 2004
agreement with the neighbor was not to share a drive any longer, so the access
was split off.
MOTION: Ruth Kruger moved to approve Resolution (419 recommending City
Council approve the proposed rezoning application to allow for the property at
1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside
Addition to the City and Townsite of Aspen, to be rezoned from R-15 Zone District
to R-6 Zone District. Seconded by Dylan Johns. Roll call vote: Marion, yes;
Skadron, yes; Johnson, yes; Johns, yes; Rowland, yes; Tygre, yes; Kruger, yes.
Motion carried 7-0.
PUBLIC HEARING:
LITTLE AJAX CONSOLIDATED CONCEPTUAL/FINAL SPA AND
ASSOCIATED LAND USE REQUESTS
Jasmine Tygre opened the public hearing for the Little Ajax. David Hoefer stated
that the notice was provided but it was lacking the mailing list. Joe Wells would
provide the City Clerk's Office the mailing list on December 08th.
James Lindt stated the application was submitted by Burton Kaplan and Peter
Gluck for the approval of a consolidated PUD, Subdivision and Rezoning as well
as several other associated land use requests to construct 16 affordable housing
units on Lots 1 and 2 of the Little Ajax Subdivision. P&Z was the recommending
body. Lindt said this was Phase 2 of a two-phase development proposal that was
established through a pre-annexation agreement, which the applicant entered into
with the city. Phase 1 was 3 single-family lots adjacent to Hopkins Avenue at the
base of Shadow Mountain.
Lindt described the site with the aid of a map showing the 3-lot subdivision; a
Conservation Easement was purchased for Lot 3 and allows the Midland Trail to
extend across for public recreation. The proposed development was on Lots 1 and
2 with 16 affordable housing units in a horseshoe configuration including 15 3-
bedrooms and 1 2-bedroom, category 4, sale units with 25 parking spaces tucked
under the building with storage units. The elevation drawing showed a two-story
front off of West Hopkins; the back ½ of the building was 3 stories with a
proposed maximum height of 35 feet (measured from the interior courtyard).
The total FAR was .9 4 to I. Staff believed the use was compatible with the
neighborhood; it fits into the mix of uses and the dimensional requirements were
consistent with other buildings in the neighborhood. The parking ratio was 1.56
per unit with proposed auto disincentives.
Lindt said the park impact fees must be decided by P&Z and City Council. The
applicant believes this fee should be waived because of the conservation easement
ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07, 2004
on Lot 3 given to the city at a discounted price. Housing requested more diversity
in the categories of the units. The applicant said in order to do so, there would be
greater subsidy required from the city (currently the city will subsidize at
$72,000.00 per bedroom). Staffbelieved these were quality units; the units were
around 1200 square feet each and the 2-bedroom unit was about 900 square feet.
The project does not encroach onto Shadow Mountain.
Joe Wells asked Charlie Kaplan to present. Wells asked for a vote tonight.
Charlie Kaplan stated this began in 1999; with the help of the community the
development the project has come down Shadow Mountain keeping the upper
parcel as open space. Kaplan provided a model of the project with a modified
courtyard form. There were 5 different buildings, which created townhouse units
with the parking below and party walls that went all the wayto the garage for
privacy. Kaplan said the 2-story roofline went up at the end and created a nice
profile and street-presence. The perforated cuts that go through the buildings
were actually circulation spines that provide view corridors through the buildings
tO Shadow Mountain; the circulation is provided by a set of stairs to the second
level and then straight back to the (hopeful) conservation trail. Kaplan said the
second level was the circulation level and the first was the courtyard level. There
was a covered and enclosed trash area; a mailroom and mechanical room. There
was a mechanical room in each building. The units that had living spaces on one
floor and bedrooms on another for circulation in the living spaces centered on the
open space.
Ruth Kruger asked if the building materials were decided upon. Kaplan said the
colored section would be concrete board or stained cedar; the middle band would
be storefront glass or paneling systems with a lot of transparency.
John Rowland asked how category 4 was decided upon. Kaplan answered after
talking with Council they suggested presenting different options or levels of
subsidy for different category units. Wells said the Housing Board suggested 2
alternatives - one a greater subsidy to create a better mix or a wider range without
an increase of subsidy. Lindt stated that increasing the subsidy was a council
decision.
Steve Skadron asked if there was blacktop around the planted area. Kaplan
responded that blacktop was being considered and the strips will be delineated
with a pattern in the blacktop that could still be plowed because they were
important architecturally.
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Minutes - December 07, 2004
Skadron asked how the trails easements work and if they were permanent. Lindt
replied the applicant has put up a temporary trail easement on the East side of the
property to access the Midland Trail down to the West Hopkins Trail. The City is
looking to purchase a conservation easement on Lot 3 to continue the Midland
Trail, which would be a public trail. Skadron said that West Hopkins was a
pedestrian trail in the summer and what impact would this development have on
that trail. Lindt responded that there would be an increase in traffic but they
don't think it would be so considerable to change the character of West Hopkins.
Johnson asked for a chart that included the R- 15 zoning and the parking
requirement. Lindt replied there was not a chart included and this would be
rezoned to AH PUD but R-15 was 2 parking spaces per units of greater than 2
bedrooms. Johnson asked what parking for lodges was. Lindt replied .7 per
lodge bedroom.
Johnson asked the applicant their position regarding the school impact fees.
Kaplan replied they feel that this was a joint effort with the city and were not
counting on all the fees. Wells responded that this was a free-market lot valued at
about 1.7 million dollars giving the city the conservation easement at 1.1 million
and felt justified in the two values with the park dedication fees around $57,000.
Kaplan said the appraisal was 2.1 million on Lot 3. Johnson asked for the school
impact fees. Lindt said it was based on the assessed value of the property.
Kaplan noted that Lots 1 and 2 have not been appraised but if it would be
appraised as an affordable housing development then the appraisal would be
different than a free-market appraisal.
Dylan Johns asked about the increased association dues linked to the number of
cars and where would that money go. Lindt replied that was association monies
used to maintain the property; the city would not get those fees. Johns asked
about Laundry Facilities. Kaplan replied there was a hook-up for a washer/dryer
in each unit. Johns asked the potential privacy issues from the trail or landscaping
issues because of the openness of the project. Kaplan replied the landscape plan
was provided and the landscaping provided some privacy; there would be many
trees planted on Lot 3 to screen the project from the trail.
Marion asked if the glass height would be an issue on Hopkins and if there was an
issue with light coming out of the buildings. Kaplan replied that the glass wasn't
specified yet. Lindt stated that there wasn't an issue but a condition in the
resolution could state that non-reflective glass coating would be used. Kaplan
stated that there will be some opaque panels in the system so it won't be pure
glass.
ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07~ 2004
Marion said that he was also concerned about the Hopkins Trail. Marion asked
how the trail hook-ups would work. Brian Flynn, Parks Department, replied the
there was no plan to change Hopkins but have added a laYer of pedestrian use
disconnected from the road for both commuters and recreational users. Flynn said
the plan was to add the trail on Lot 3 and would like to eventually gain easements
all the way around Shadow Mountain towards the Music School as a recreational
use trail. Lindt clarified even with the conservation easement the Midland Trail
will still dead-end.
MOTION: Brandon Marion moved to extend the meeting to 7:15; seconded by
Ruth Kruger. All in favor, motion carried.
Kruger asked if there was any activity on Hans Graminger's property at the end of
the block for additional traffic generation on Hopkins. Chris Bendon replied that
there was nothing in Community Development.
Jasmine Tygre asked the width of the spaces between the buildings. Kaplan
replied 6 to 8 feet wide. Tygre said the underlying zone district was R-15. Lindt
replied that was correct but the applicant was rezoning lots 1 and 2 Affordable
Housing PUD. Tygre requested a chart of the underlying zoning with the changes
to that zone district as proposed and to the surrounding Lodge with the
requirements and PUD. Tygre stated that the P&Z would establish a project
within the context of its surrounding areas in terms of dimensional requirements.
Johnson agreed on the need for a chart. Lindt said that he would provide it.
MOTION: Brandon Marion moved to extend the meeting to 7:30; seconded by
Dylan dohns. All in favor, motion carried.
Public Comments:
1. Martha Madsen, public, stated she lived across the street from this project;
she said the commission comments have been enlightening. Madsen voiced
concern for the automobile traffic that this project would generate and West
Hopkins was a heavily used pedestrian way and voiced concern for cars
accumulating on the street. Madsen said there would be tremendous amounts of
snow accumulating on that site and if there would be adequate turn around for the
vehicles.
2. Donna Fischer, public, stated this was a very busy area with traffic and
voiced concern that there was not enough parking for the project. Fischer said the
snow removal would be costly and problematic. Fischer questioned the size of
the storage provided because it was not always adequate and people used their
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ASPEN PLANNING & ZONING COMMISSION
Minutes - December 07~ 2004
garages for storage then parked on the streets. Fischer said there were many very
good things about the project.
3. Hatly Dart, public, concerned for the increased cars to be parked up and
down Hopkins.
4. Fred Uhler, public, questioned the need for more housing and if the trail in
back would be maintained. Uhler was concerned for the tailings being destroyed
or taken away. Kaplan said that the mine waste droppings were on the adjacent
property. Johnson asked if that material had to be taken away and generally it
was considered bad. Wells replied that it would be buried and capped and
generally contained high contents of lead. Tygre asked if it was an environmental
hazard. Wells replied that once it becomes air borne then it becomes an
environmental issue.
Kruger asked if the walkways between the buildings would be snow melted.
Kaplan responded that they would be grated so the snow would not sit on the
walkways and they also felt that the flat roofs were better in snow country rather
than pitched roofs that dump snow onto walkways. Kaplan said that from an
environmental standpoint they would rather not snowmelt the walkways.
Tygre requested more details on the window treatments and since P&Z has spent
so much time on the lighting ordinances she requested more detail on the lighting
along the walkways and auto entrance.
Skadron asked the restrictions placed on vehicular travel when a road is dedicated
as a pedestrian throughway; what impact do the signs have. Lindt replied that he
would look into it. Johnson asked why was Hopkins designated a pedestrian
throughway. Johns requested information on snow storage, traffic generation and
parking.
Marion also had concerns about the traffic generation and parking allocation
justification.
Wells requested a special meeting to continue the public hearing. The
commission did not think a quorum could be obtained for any more meetings in
December.
MOTION: Ruth Kruger moved to continue the public hearing on Little Ajax
Conceptual/Final PUD and associated land use requests to January 4th, 2005;
seconded by Jack Johnson. All in favor, motion carried.
~ackie Lothian, I~eputy City Clerk
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