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HomeMy WebLinkAboutagenda.apz.19910917 AGBNDA ------ ------------------ ---------------- ASPBN PLANNING AND ZONING COMMISSION REGULAR MEETING September 17, 1991, TUesday 4: 30 P.M. 1st Floor city Council Chambers City Ball ------------------------------- - --------------------- I. COMMENTS cODllllissioners Planning Staff Public II . MINUTES ?l3ftl III. PUBLIC BEARINGS --- A. Aspen Villas PUD Amendment (Tabled to October 8) - Kim Johnson B. Aspen Mountain PUD Ice Rink Map Amendment - Diane Moore IV. ADJOURN a.cov s bY TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: September 19, 1991 This is a list of your scheduled upcoming meetings. Regular Meeting, October 8th * 100 (328) Park Avenue (continued from 9/3) (PH) (KJ) * Aspen Villas PUD Amendment (continued) (PH) (KJ) a.nex AFFIDAVIT I, Joseph Wells, being first duly sworn on oath, depose and state that: 1. I am the agent of Savanah Ltd. Partnership, the applicant in connection with the Development Application for Final PUD Amendment Review for the Ice Rink proposed for Lot 5 of the Aspen Mountain Subdivision which was the subject of a public hearing by the P&Z on September 17, 1991. 2. I complied with the notice requirements of Sec. 6-205(E)(3)(b) of the Aspen Land Use Regulations of the Aspen Municipal Code by posting of notice on the subject property on September 7, 1991. 3. The foregoing statements are true of my own personal knowledge. Joseph Wells -"602 Midland Park Place 't Aspen, Colorado 81611 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The, foregoing Affidavit of Joseph Wells was acknowledged before me this day of1991. WITNESS my hand and official seal. My commission expires: f� 0T RY' PUB � aK Ki�.VV• _V�.? A � A V s MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Diane Moore, Deputy Director '�-&/ RE: Ice Rink Map Amendment - Commercial Lodge (CL) and Lodge/Tourist Residential (L/TR) to Park (P) Aspen Mountain PUD DATE: September 17, 1991 SUMMARY: Savanah Limited Partnership proposes to rezone Lots A through I, Block 91, City and Townsite of Aspen .from the current mixed zoning of Commercial Lodge (CL) and Lodge/Tourist Residential (L/TR) to Park (P). The proposed rezoning encompasses approximately 27,080 square feet. This rezoning is in accordance with the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision which requires that this portion of the property become a community facility (Ice Rink and Park) on the newly subdivided Lot 6, which shall be rezoned to Park zone district. Subsequent to rezoning, the applicant will be seeking final PUD approval, subdivision approval, and GMQS Exemption for Essential Public Facilities and other applicable approvals. In April of 1990, the Planning and Zoning Commission conducted a conceptual review of the rezoning and the rezoning to the Park zone district was found to be appropriate. Staff recommends approval of the rezoning from CL and L/TR to Park M • APPLICANT: Savanah Limited Partnership LOCATION: South side of Durant Avenue and bordered by vacated Dean Street, Galena Street and Mill Street, Lots A through I. Block 91, City and Townsite of Aspen. ZONING: Commercial Lodge (CL) and Lodge/Tourist Residential (L/TR) with PUD overlay. APPLICANT'S REQUEST: To amend the Official Zone District map. REFERRAL COMMENTS: The following entities have reviewed the application and have made the following comments: Engineering: The engineering concerns of impacts on traffic generation and availability of utilities have been satisfactorily responded to in Perry Harvey's letter of June 27, 1991. Parks Department: The Parks Department had no comments regarding the rezoning of this parcel and will offer comments at the time of final PUD approval as the final development plan will be available for review. STAFF COMMENTS: A. Background - On March 15, 1991, Savanah Limited Partnership submitted a petition to the City pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement") seeking an extension in the construction schedule deadlines governing construction and development with the Aspen Mountain Subdivision. On June 10, 1991, the City Council granted Savanah the extensions which were incorporated into a written amendment to the PUD Agreement subject to certain terms and conditions. One of the extensions granted by Council was for the certificate of occupancy for the Ice Rink/Park and it was extended from October 11 1991 to October 1, 1992. One of the conditions of approval for the extension was that Savanah apply for the rezoning of the Ice Rink/Park parcel to a "Park" zoning designation by July 1, 1991 and this rezoning request is in compliance with that condition. The PUD Agreement requires the subdivision of Lot 5 into two parcels and states that Lot 6 of the PUD is the parcel that is to be created from the subdivision of Lot 5 and the Ice Rink/Park site will be located on the newly subdivided Lot 6. The area for Lot 6 is located north of the vacated Dean Street. The PUD Agreement also states that Lot 5 will be comprised of hotel rooms (replacement for Grand Aspen Hotel) and residential units. The area for Lot 5 is located south of vacated Dean Street. The Planning and Zoning Commission previously reviewed the conceptual PUD plan for this parcel and those comments and recommendations made by the Commission will be addressed during the final PUD plan review. B. Site Description - The vacant parcel is approximately 27,080 square feet in size and rectangular in shape. The parcel is located on the south side of Durant Avenue and is bordered by vacated Dean Street, Mill Street and Galena Street. Savanah currently stores some construction materials on this site and they have provided fencing/screening along the perimeter of the parcel for the construction materials. The site is relatively flat with several large cottonwood and blue 2 or th of N-ell0 555 E. Durant • Aspen, Colorado 81611 (303) 925-1510 April 13, 1990 The Aspen Planning & Zonning Board City of Aspen 130 S. Galena Aspen, CO 81611 ,Dear Members I am employed by the North of Nell Condominium Association as their manager and wish to express some concerns the North of -Nell has in relation to the proposed Ice Rink for the lots directly west of our building. I have read the proposal and response provided by the planning staff, and have also attended the initial meeting held on April 3rd where the proposal was presented and discussed. The initial reaction of most of our owners to the concept of an Ice Rink at this site is positive. While they view it as having the potential to benefit the neighborhood and Aspen, they also have some significant concerns about noise, especially from Summer activities, particularly at night. North of Nell has had a long history as the recipient of unwanted noise from the Tippler and the former Little Neil establishments that has made us aware that the noise abatement ordinance is woefully inadequate in both.substance and the timely availability of enforcement to control noise pollution. Like most buildings in 'Aspen, the North of Nell is not air-conditioned, and in order to sleep in the Summer, one must crack the sliding glass doors to obtain air. This, allows sound 'to enter the building. We also have a problem in the Winter in that the noise penetrates the building's exterior walls and glazing to such an extent that the new Little Nell Hotel (according to General Manager Eric Calderon) is significantly bothered by noise from the Tippler. The primary weakness in the existing noise abatement ordinance is that it does not address the ability of the bass notes to penetrate buildingsat decibel levels of 55 or lower. In case you are wondering what all this has to do with an Ice Rink, please bear with me. -2- .In reading and listening to the Hadid proposal, it is apparent that the potential for noise pollution to the neighborhood is significant. With the proper controls and limitations on usage, however, we feel this is a manageable problem. Specifically we would ask that the following types of controls and limitations be made a part of the approval for the use and re -zoning to "Park". Limitations: Rock Concerts and other types .of Concerts using amplified music (prohibited). Outside speakers or public address systems restricted to levels acceptable to immediate neighbors. Hours of operation (as a Park -type facility) 10:06 a.m. to' 9:00 p.m. Controls: Special Events should be subject to approval via a permit review process much as current events in Wagner Park. Use and control of the park should be. in the hands of the City of Aspen. The North of Nell would like to see sound level monitoring/measuring equipment permanently installed on the North of Nell building which would objectively record noise levels for use by the Aspen Police or others. In summary, we like the concept of an Ice Rink, but would ask that sufficient controls and limitations be agreed on now to limit conflict later. -We fully realize that we are in e mixed use neighborhood, but that does not.give one use the right to significantly deprive another use of its rights. Incidentally, the possible argument/rationalization that the replacement for the Grand Aspen Hotel will be as close to the Rink as the North of Nell (from a sound standpoint) is not relevant inasmuch as it will (or can be) built with air-conditioning and superior sound insulation permitted by new construction. The North of Nell has not sat on their hands in dealing with the sound problem inasmuch as they have installed over 45 additional sliding glass door units(at considerable expense) specifically to fight the neighborhood noise. It certainly would appear that this is the time to restrict the potential for future conflict and we would ask that,you do your very best to accomplish that. Thank you for your consideration. Respectfully Submitted, )0, DonalB. H elmich Manager cc: Board of Managers Aspen City Council, Planning Staff