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HomeMy WebLinkAboutminutes.apz.19860408 RECORD OF ~PROCEBDINGS REGULAR MEftlNG PLARlHNG .1'1IIl ZORING COIIIIISSIOR APRIL 8. 1986 Chairman Welton Anderson called the meeting to order at 5:00 P.M. with Commissioners Roger Hunt, Jasmine Tygre, Al Blomquist, David White (arrived late), Mari Peyton (arrived late), Ramona Markalunas (arrived late), and Jim Colombo (arrived late) present. COIIIII SSIOHER · S COIIIIERTS Motion: Hunt moved to have the Planning Office draft a resolution forwarding the Clean Air Advisory Board memorandum to City Council, indicating this Commissions support; Tygre seconded. Blomquist abstained, all others in favor; motion carried. Steve Burstein, planner, said there was a request for the Commission to sponsor a code amendment in order to allow housing as a conditional use for non-historic structures and as a permitted use in historic structures in the commercial core zone. Andy Hecht, applicant for the Brand Building, said they would like to pursue the idea of amending the zoning code because they feel it is a city wide issue. Whether their case is granted first or the code amendment this applicant is willing to pay the expense of studying the issue and bringing it before this Commission. Mr. Hecht said in historically designated buildings certain dispensations should be made to encourage them to maintain their viability. Mr. Hecht did not feel this would set a precedent that would create problems for the City, and in new buildings or those without historic design- ation the conditional use will give the City adequate protection. Blomquist asked if there were any reasons this should not be done. Mr. Burstein replied no. Motion: Blomquist moved that the Planning and Zoning Commission request the staff to prepare a code amendment for sponsorship by this Commission that would amend the zoning use tables for the CC zone to allow dwelling units as dwelling units above the first floor level as permitted uses in historic structures and as conditional uses in other structures; Tygre seconded. I RECORD OFPROCEBDIRGS REGm.ARMEE'l'IRG PLARRllIIG AND ZONllIIG COIIIIISSIOR APRIL 8;. 1986 Discussion: Hunt said he thought this was going too far too fast. He was convinced dwelling units may be a conditional use in a historic building, however, he was not sure if that would be applicable to the rest of the commercial core area, especially given the number of historic buildings in the commercial core area. Hunt thought the approach of studying the issue would be a better approach. Whi te said he was a supporter of the idea that people like to live in and around where they work. Several residential units have been lost in the downtown area. This proposal would replace some of those. Additionally, the vibrancy of downtown nightlife in town is enhanced by the fact that people live downtown. White added that he was talking about long term rental, not short term. Blomquist amended his motion to say long term rental only; Tygre agreed to amend her second. Markalunas and Hunt opposed, Anderson abstained; all others in favor; motion carried. MllIU'l'ES January 28.1986: Tygre moved to approve the minutes of January 28, 1986; Peyton seconded. All in favor; motion carried. February 4. 1986: Tygre moved to approve the minutes of February 4, 1986; Peyton seconded. All in favor; motion carried. March 11..1986: Anderson corrected page 8 in the second to the last and last paragraph, the FAR description should read 1.9 to I. Tygre moved to approve the minutes of March II, 1986 as amended; Peyton seconded. All in favor; motion carried. 2 REGULAR MEETING RECORD ~OF PROCEBDI1IGS PLARRllIIG AND ZORIRG COIIIIISSIOR APRIL 8. 1986 PUBLIC BEARING II1JBICIPAL CODE AMERDMEII'l SECTIOR 24-3.2 PRRMY'ft'ED ANDHCORDI'.rIORAL USES Steve Burstein, planner, said this code amendment was to the public zoning district to allow maintenance buildings and employee housing, for the employees of the public use, as a conditional use within the public zone. The Planning Office initiated this code amendment along with the Aspen Consolidated Sanitation Districts application to put such facilities on North Mill St. Burstein said they feel it is reasonable to try to make these 2 processes go through simultaneously. Burstein said the Planning Office I s feeling is that maintenance facilities should be considered a compatible use within the zoning district. Burstein said employee housing also appears to be a compatible use. Burstein said they recommend approval of these as conditional uses in order to give this Commission the opportunity to review particulars. Blomquist asked what the underlying intent was, what is planned. Burstein said on principal he would like the Commission to hear the application in full at the next meeting. The intent is to put a maintenance shop, an office, and some employee housing adjoining the existing office buildings. Anderson asked if there wasn I t al ready employee housing in the location. Burstein replied yes. Blomquist asked if there was any reason why they have to have facilities in the city, other than the fact that they have historically owned the land. Blomquist thought the area should be reserved as a park. This proposal would be development in the historic flood plane. Burstein said he wanted to make a distinction between this application for a municipal code amendment and the evaluation of the SPA amendment which will come before the Commission at a later meeting. Burstein asked that this be considered as a general zoning district and use table question. Anderson asked what other land was zoned Public. Burstein replied City Hall, the County Court House, the Water Treatment Plant, the Fire Station, and a small parcel on North Mill St. Blomquist said the current work schedule has a section in the Master Planning process for public facilities. There is no research 3 REGULAR . MEftlRG RECORD OF PROCEEDINGS PLARRING AIIIl ZORING COMMlSSIOR APRIL 8. 1986 indicating why this particular amendment is necessary or desirable for sOlving the gamut of problems that are due for study within the next few months. Blomquist thought this was jumping the gun until the issue of whether every public parcel should have an SPA etc. is deal t with. He would like to see the whole plan and research before amending this section of the code. Burstein said he viewed this omission as an obvious problem in need of correc- tion. Tygre said she thought alot of Blomquist's concerns could be handled when applicant's came before the Commission to undergo the conditional use procedure. Problems with public zones or each individual use in a public zone are quite different and she did not know if anything would be gained by lumping them all together in a group study. Tygre thought having this as a conditional use would give the Commission the opportunity to review each case on an individual basis. Hunt asked what the status of public zones actually being SPA was, are they all handled under the SPA process. Burstein replied yes, the area and bulk requirements are handled under the SPA process, uses are still the underlying zone. Anderson opened the public hearing. There were no comments, therefore, the public hearing was closed. MotioDl Tygre moved to recommend that City Council amend Section 24-3.2 of the Municipal Code, the use table for the Public zone district, to include as conditional uses maintenance buildings and employee housing for employees of the pUblic use; Markalunas seconded. Discussion: Hunt said he agreed with Blomquist's argument, that the whole picture should be looked at. Anderson agreed with Tygre. Blomquist commented that the overall study was already schedUled in the work program for some time this year. Secondly, there are too many conditional uses. Blomquist urged a no vote. White said he was confused and did not feel comfortable voting ei ther way. Burstein said if you look at the intention of the 4 REGULAR MEftlNG RECORD OF PROCEEDINGS PLARRIRG AND ZORING COMMISSION APRIL 8. 1986 zone district, to provide for governmental and quasi-governmental facilities for cultural, educational, civic, and other governmental purposes it seems to excl ude maintenance shops in particular. There is no where else in the code that they are specifically allowed. White said he did not know if he was willing to give these applicants an open door. Peyton said she did not have a problem with maintenance shops but does have a problem with employee housing. Hunt said he thought the public should come under a complete SPA and not have a preconception of what the underlying zoning is. Every piece of public property is .unique. and how do you come up with an underlying code for all of those different kinds of public uses. Hunt thought the SPA process was a better way to deal with this. Anderson commented that the SPA process did not allow varying uses. Anderson said he would like to see Section 24-3.2 have added language so that the SPA would control the determination of what are the accessory uses as opposed to coming up with some accessory uses to fit in to one circumstance. Anderson asked for Blomquist Markalunas Tygre Hunt White Peyton Anderson Tygre in favor, all a roll call vote: no no aye no no no no others opposed; motion NOT carried. Motion: Hunt moved to have the Planning staff forge ahead, along the lines discussed, with the SPA and a general enough underlying land use so the public individual uses on a particular parcel can be determined in the SPA process; Blomquist seconded. All in favor; motion carried. RESOLtl'l'IOR FORWARlUNG SCORING OF smD1Y PARlt RBSIDEII'lIALGMP Anderson read Resolution '86-4. 5 REGm.AR MEftlNG RECORD OF PROCEEDINGS PLARRING AND ZONING COIIIIISSIORAPRIL~8. 1986 Motion: Hunt moved to adopt Resolution '86-4; Peyton seconded. Discussion: Gideon Kaufman, applicants attorney, said condition 'l on page 2 of the resolution says two dry wells will be installed. Mr. Kaufman found the language to be confusing. Mr. Kaufman said he would rather see the language read -two dry wells will be installed, one on the northwest corner and one on the center of the site- so it is clear. Mr. Kaufman said, regarding condition '3 on page 2, that their commitment was for Colorado blue spruce trees 8 feet tall and the condition says 9 feet tall. Markalunas asked if the condition bound the developer to maintain those trees. Burstein said code requires them to maintain the trees. Mr. Kaufman said that he would like condition lIon page 3 in the last sentence to say -applicable to subdivision exception- because that section of the code talks about full subdivisions and this is a subdivision exception. Some of the requirements may not be applicable to a subdivision exception. Mr. Kaufman said the applicant was willing to do what is required in a standard subdivision exception but not a full subdivision. Mr. Kaufman also had a problem with condition t3 on page 3. In the first sentence it says -an improvements agreement and guarantee shall be filed- and Mr. Kaufman felt it should say -shall be submi tted-. Finally, condition t3 page 4 says -landscaping on the site and adjacent public right of way shown on the site plan and pursuant to Article V, Chapter 19-. Mr. Kaufman said that particular section talks about location, arrangement, and specie shall conform to the adopted landscaping plan. In this GMP application the applicant has committed to a certain type of trees, being Aspen and Spruce. Mr. Kaufman said he did not want to have a situation where someone comes in later and says they do not want Aspen trees in this location etc. Mr. Kaufman said they did not have a problem complying as long as it is understood that the species have already been committed to. Mr. Kaufman suggested adding the 6 REGULAR MEftlNG RECORDHOF-PROCEBDIRGS PLARRING AND ZORING COIIIIISSIOR APRIL 8;; 1986 language -however, applicant's commitment to tree species shall conform to his GMP representations- to the end of the condition. Hunt agreed to amend his motion to include the suggested amendments; Peyton agreed to amend her second. All in favor; motion carried. RESOL-u'.rIOR EXPRESSING IlftERBS'.r IR ARROBUS Hunt moved to approve Resolution '86-5; White seconded. All in favor; motion carried. REW.BUSIlIESS SIIUGGLElt~ MOBILE BOME PARK .SPAAMERDMEII'l Tygre stepped down for conflict of interest. Steve Burstein, planner, said there had been confusion with regard to the public hearing requirements for this SPA amendment and notification was not given. Therefore, this application will have to be tabled. Brooke Peterson, applicant, said he would like to have the case rescheduled as quickly as possible. Anderson asked if it could be addressed at the upcoming May 6 meeting, the only alternative being a special meeting. Mr. Peterson asked the Commission for a special meeting at the end of April. Anderson asked Mr. Burstein to reschedule this case on the first available meeting. White asked the applicant if the Commission was making the system more difficult. White said he felt the system had made it more difficult for mobile home parks, costing more than it should. Mr. Peterson said this was a unique situation. When the park was purchased in 1981 the possibility of fee simple lots was discussed. The consensus from the financing people was that they would prefer it remain in single ownership with leases for a period of time. Now they say there is little, if any, money available for a single ownership leasehold type park, like exists, and suggest the only vehicle to obtain financing would be to put the mobile homes with the lots. Hunt said this was financing people determining land use, which he was upset by. Peterson responded that it was the intention of the people in the park to have single family lots when they went through this process 4 years ago. Now they have a 4 year track record which they did not have at the time of the first application. 7 RECORD OFPROeEEDINGS REGULAR MEftING . .PLA1IIRING l'1IIl ZORING COIIIIISSIOR APRIL-it. -1986 Hunt said this application was asking the City to adopt sub-standard lots, fee simple deeds, and sub-standard road service. Everything is sub-standard. Hunt said that could be accepted with one ownership, but not with 87 owners. Mr. Peterson said he did not understand why because the common areas are going to remain in one ownership, and the association will continue to govern the affairs. Mr. Peterson also said he did not think any of the roads in the park now were sub-standard. Hunt said the roads were not up to standard width. Hunt added that granting this request would just perpetuate sub-standards. Hunt said the park was a good thing as a cooperative but he had trouble with 3700 sq.ft. lots, thinking that was not a positive thing for land use. Further, there will be a certain amount of internal govern- ing. Anderson said these were sub-standard lots by R-6 standards but not by mobile home park (MHP) standards. Hunt agreed, adding that he was willing to accept those standards with one ownership of the mobile home park but not as fee simple lots. Blomquist said at some point it has to be acknowledged that this mobile home park is here to stay by prior action and that what has happened there has been very beneficial and a credit to the people living there. Blomquist said rather than worry about what has happened in the past the Commission should be looking at how to help more happen. Mr. Peterson said the goal of the park has always been to have owner occupied units, which will continue to be the goal. Another goal has been to have people upgrade their units. One of the problems is a reluctance on the part of lenders to deal with one ownership when they would prefer to be dealing with a single family lot. Peyton said she felt someone would much rather plant a tree on land they own than on land that is cooperatively owned by an association. Motion: Markalunas moved to table this application until the next available meeting that can be properly noticed; Blomquist seconded. All in favor; motion carried. 8 RECORD-OF-PROCEEDIRGS REGULAR MEftIRG .. PLARRIRG ARDZORIRG emUflSSl1)IJ-- APItIL8;.-j:986 COIISBftAGBJIDA PHYSICS IRS'lI1'Uft SPA A:MBBDIIER'.r Burstein said this was a letter from Alan RiChman, planning di rector, to Barbara Winsch, architect representing the Physics Center, regarding property zoned SPA. The Planning Office was trying to accomplish seeing this as a minor amendment, by the letter of the law the planning director can not sign off on increases in coverage of land in the SPA zone. The Planning Office saw this as having very minor impacts and, therefore, wanted to expedite the process. However, as the code is written anything that is not literally a minor amendment must go through the same application requirements as a precise SPA plan, therefore, there is a public notification requirement. Motion~ Hunt moved to affirm the letter of the Planning Director to Barbara Winsch dated March 27, 1986; Blomquist seconded. Discussion~: Blomquist suggested including a finding that this letter describes what in fact is a minor amendment, wi thin the authority of the Planning Director. Hunt agreed to include that in his motion, Blomquist agreed to amend his second. Anderson said the question was whether this is actually a minor amendment to the SPA or not. Burstein said literally it is not because it increases the coverage of land area. Anderson said he did not feel comfortable with a freewheeling interpretation of the code. Hunt withdrew his motion, Blomquist withdrew his second. Karen McLaughlin, City Attorney's office, asked if the Physics Center was a non-profit organization. The reply was yes. Ms. McLaughlin suggested that it would be possible to waive the fee for the application since it is for a non-profit corporation. Ms. McLaughlin read Section 24-8.26 which limits minor changes to location, size and height in sitings, buildings and structures, only if required by engineering or other circumstances not foreseen at the time the final plan was approved. Ms. McLaughlin said when overall coverage of structures is increased it is 9 _"'_'''.__'' ~'A RECORDOF--PROCEBDIRGS REGm.AR MEftIRG ~ PLARlIIRG AIIIl ZONING COIIIII-SSlOR- .. APRIL~8;. 1986 specifically not allowed, as far as an approval by the Planning Director. Motion: Hunt moved to return the letter to the Planning Director and instruct the Planning Office to proceed with an amendment to the SPA, and recommending waiver of the fee as this is a non-prOfit organization; Peyton seconded. All in favor; motion carried. Anderson adjourned the meeting at 6:15 P.M. . 10