HomeMy WebLinkAboutminutes.apz.19860722
Reqular Meetinq
Planninq Commission
July 22. 1986
, ~
Chairman Welton Anderson called the meeting to order at 5:00 p.m.
with members Jasmine Tygre, Mari Peyton, Roger Hunt, Al Blomquist
and David White present.
COMMISSIONERS COMMENTS
Roger Hunt told the Commission he met with the Snowmass town
planner and a Council member about overall transportation. Hunt
said Snowmass is feeling left out of the area transportation
planning. Hunt recommended having a joint planning meeting with
Snowmass specifically to talk about the Aspen/Snowmass
alternative transit system. Hunt said P & Z has a study session
on this topic next week and asked staff to invite the Snowmass
planning commission.
Mary Martin asked the Commissions' position on condemnation of
buildings that are non-conforming, such as Cheap Shots, that is
out of context with the rest of the block. Ms. Martin asked how
P & Z feels about satellite dishes. HPC has been asked to
approve one on the Brand building and if one is approved there
will be a proliferation of these. Anderson answered satellite
dishes are reviewed by P & Z as a conditional use 1 they are not
permitted by law. Conditional use is a public hearing, and
things like screening and visibility are looked at. Ms. Martin
suggested the Commission come up with stringent rules. Anderson
said as far as condemning buildings, it is not up to the
Commission to determine if a building is no longer appropriate
for a block. The Commission cannot legislate sprucing up street
scapes.
MINUTES
Hunt moved to approve the minutes of 8 July 19861 seconded by
White. All in favor, motion carried.
LODGE AT AS PEN GMP AMENDMENT
Anderson opened the public hearing.
Steve Burstein, planning office, told the Commission this was
first submitted in 1981, and there have been a number of changes
to the application. Burstein said lot 41 has been added to the
parcel, increasing the lot area 7,280 square feet, and increasing
the allowable FAR. Burstein said the number of lodge rooms has
decreased from 31 to 26 rooms. The architectural design has
changed significantly. The employee housing has changed from 4
one-bedrooms to one managers unit and one dorm room large enough
for 8 people. There is a different concept of open space.
1
Reqular-Meetinq
Planninq Commission
Julv 22. 1986
"...
Burstein told P & z the planning office went through the GMP
criteria for 1986 and made recommended rescoring. Burstein said
the staff feels the 1986 criteria was the most applicable way to
process GMP amendments. The staff's recommended scoring is 54
points, which exceeds the threshold of 51 points. The position
of this application has not changed relative to other projects1
this was the only legal application in 1981. Burstein said the P
& Z could confirm the staff's scoring of 54 points, since this
meets the threshold, or the P & Z can rescore the project.
Burstein compared the percentages of scores because the 1981
criteria is quite different. In 1981, the project has 84 percent
of point available, and in 1986, the project has 63 percent of
the points available. This difference indicates there are some
problems which should be addressed. The areas that changed are
architectural design, the usable site is the same as in 1981 and
putting the maximum FAR on the usable portion makes a cramped
site.
Burstein said energy conservation score has gone down because
there is no commitment for solar energy, only increased
insulation. The score for parking has gone down. The scoring
criteria for parking has changed a great deal. In 1981, there
was an incentive to have fewer parking spaces than one per
bedroom1 the present parking requirements are one space per
bedroom and special review for employee parking. Burstein
pointed out the 20 underground spaces and 3 parking space on Alps
property, for which they do not have permission. Burstein noted
this is P & Z's one review of this project. Staff feels there is
a problem with bulk and placement, there is very little side yard
space on Aspen mountain road and to the west of the project.
Burstein said the overhangs on the projects are too close.
Burstein pointed out the applicant is giving a 10 feet easement
on the Aspen mountain road, and the overhangs would abut that
easement. In the event the road is widened, this could be a
problem. The side yard easement may not be able to accommodate
the level of landscaping proposed by the applicant.
Burstein told the Commission the visual impact on this site is
not a detriment to the project. The open space appears to have
been miscalculated. The applicant claims there is 54 percent
open space1 staff calculates it to be 30 to 35 percent. Burstein
said he has not taken a technical measurement. Burstein
suggested the caliper of the deciduous trees and the height of
the spruce trees be specific as this is an important aspect of
the landscaping plan and the entire project. Burstein
recommended the Commission address the 12 conditions and
recommend approval of a GMP exemption for employee housing.
Sunny Vann, representing the applicant, said with the exception
of architectural design, site design and parking, the other
2
Re-atrlar Meetin9
Planninq Commission
Julv 22. 1986
"
scores are consistent. Vann said the regulations have changed
substantially since this project received a GMP allocation. The
intent has been to produce a project which is superior to the
previously approved project, and to increase the unit size and
the area for amenities. The purpose for this amendment was the
ability to acquire lot 41. This lot would be difficult to build
on and would impact the Aspen Alps building. The previous units
were quite small as was the area for amenities. The project has
put the additional FAR into areas felt to be deficient. It was
recognized that the buildable portion of the lot has not changed,
but the footprint has increased. The attempt has been made to
mitigate the impact of a larger building on adjacent areas.
Vann said the 12 conditions imposed on the project by staff are
fine with the applicant. Vann said the applicant can get into
details if the Commission wants to rescore the project. Hunt
said he would like the open space defined and show how it works.
Vann said the minimum requirement for opens space is 25 percent,
which this project meets and exceeds the open space of the
previously approved project. Alan RiChman, planning director,
told the Commission some of the area does not meet Code
definition for open space but it is clear it will meet the
minimum. Vann said the courtyard will be a hard surface. They
plan on extensive landscaping in the project. Hunt said he has
trouble with landscaping on the west side of the project and also
with having 6 foot firs, which will grow over the center line.
Vann said the applicant did not specify the nature of the trees1
the planning office set a minimum requirement of 6 feet.
Vann pointed out where the employee housing units will be and a
proposed courtyard to create some privacy for these units. Vann
pointed out the first floor of the building is setback. Hunt
said he does not want to see trees growing up under eaves of the
building. Ms. Tygre asked about the difference in the size of
units. Vann said the old units were 270 square feet, and the new
units are about 600 square feet. Ms. Tygre asked about the
change in the footprint of the building. Vann said the footprint
has increased about 30 percent from 6400 square feet to 8400
square feet, most of which is placed in tourist units, some in
employee units, and guest amenities. There will be 9 employees
housed on site.
Bil Dunaway asked the zoning, and the answer is L-l. Dunaway
asked why the allocation for these units did not expire. Vann
said these units were embroiled in the Cantrup bankruptcy, and
the expiration date was placed on hold until the bankruptcy was
resolved. There wa a review by Council which established a 33
month expiration period, starting April 1, 1985. Jerry Hewey,
Aspen Alps, told the Commission that lot 41 is still in
controversy with the forest service over ownership. The Alps has
3
/tfI:;-
Re-qular Meetinq
July 22.-1986
Plannin9 Commission
paid taxes on that lot for the last 20 years. The forest service
did award it to Lyle Reeder, but the Alps is contesting that.
Vann said the applicant has submitted documentation to the city
attorney's office, who has said it is sufficient to apply. Vann
said obtaining a building permit would be dependent upon
resolution of this issue. Burstein pointed out condition 4 asks
that clear title be demonstrated prior to this application going
to City Council. Vann said this should be done prior to the
issuance of a building permit 1 they would like to proceed with
Council's review of this application subject to clear receipt of
title. Richman said if this allocation is confirmed, the other
allocation no longer exists. This project will be the only
allocation that exists. In the event the Alps is successful, and
the applicant does not receive title to lot 41, there would be a
project that would not meet underlying zoning, and the other
proj ect is void. Richman said he does not feel this is a
successful conclusion to the amendment process. Blomquist asked
if the Code requires title to the land before application is
made. Richman said an applicant has to prove ownership. Vann
said the position of the city attorney's office is that the title
will be conveyed to Lyle Reeder1 the appeal is currently pending.
Vann told the Commission there is precedence for this approach,
like the Aspen Mountain Lodge. Richman told the Commission when
the Council finally approves this project, 5 lodge units will be
given back to the quota and all rights to the 31 unit project
previously approved will be abandoned. Vann said the presumption
is Reeder owns the land, and the fact this has been appealed
should not deny the right to process an application.
Barry Edwards, representing Terry Williams, told the Commission
that paying taxes on property the federal government owns does no
good. Edwards said the applicant and Alps are attempting to
resolved the issue amicably. The city attorney's position is
that Reeder has a contractual right to purchase the property, and
there has been a determination in his favor so far, these
applicants have the right to process the application. Any
approval must be condition upon proof of ownership. Hewey said
the Alps is negotiating with these applicants to solve the issue.
Anderson closed the public hearing. The Commission decided to
rescore the application. Ms. Tygre said she feels this
application is a significant change from the original
application.
Vann said in availability of public facilities and service, the
scores attached to water, sewer, storm drainage, fire department
are consistent under the current criteria. There are
improvements being made in water, which improve the overall
se rv ice in the area, indicated by Jim Markalunas' letter. The
sewer is standard, and a score of 1 is appropriate. In storm
4
Re-qul-ar Me-etin9
Plannin9 Commission
-JolyZ2. 1986
drainage, the project is retaining everything on site and are
improving conditions in the area. The project is putting in curb
and gutter along the unsurfaced Aspen mountain road. The
applicant is installing an additional fire hydrant as well as
additional lines in the service area. Vann told the Commission
the applicant is making improvement on the Aspen mountain road,
as well as channelizing traffic in the front of the building and
cleaning up traffic in the area. The applicants believe these to
be improvements and would request a score of 2.
Charles Cunniffee, architect, said he feels architectural and
site design should receive more points than scored by staff.
Cunniffee told they tried many different plans on this site.
Using lot 41 would create a more spread out building. Vann said
one of the concerns of the planning office is the easement on
Aspen mountain road. The center line of the property is in the
middle of the road, there is a current easement for 6 feet, which
the applicant has agreed to increase to 10 feet on his side.
Vann showed the first floor footprint, which is 15 feet off the
actual easement line. Vann showed the second floor balconies,
which are a concern with the easement. Vann said the balconies
can be redesigned to function off the back side of the units.
Cunniffee pointed out the drawings illustrate an already widened
road. Vann said the comment in the scoring that there will be no
setback from the building if the road is widened is not correct.
Vann said it is reasonable to address the balconies on the second
and third floor, and these will be redesigned. Vann said in the
energy category, this project provides everything the previous
proj ect did, except solar. Vann said using solar for domestic
hot water in this location is not feasible and it has been
deleted in the presentation. The applicant is providing energy
conservation devices in excess of the underlying requirements.
Vann said a score of 2 is low in this category.
Vann told the Commission that parking circulation is one of the
real problems in this application. Under previous scoring,
points were given for putting less than the minimum requirement
of parking spaces, and there was a special review provision. The
previous project has 31 units and 15 parking spaces. The revised
project with 26 units provides parking at a ratio of .7 per unit
or 18 spaces subgrade and two subgrade spaces for employees.
There are 3 spaces provided in the area of lot 41, even though it
accessed by the Alps road. Vann said in negotiating with the
Alps, they hope to be able to use these 3 spaces. There are
other locations to put these parking spaces. Vann said P & Z can
waive the employee parking requirement given the location of the
property. Vann said he does not feel .7 parking spaces is
inappropriate as that is what has been used in other lodge
projects. However, there no longer exists a special review
5
Remrlar Meetinq -
Planninq Commission
July 22. 1986
;1'>,"
procedure to reduce parking and the project is inconsistent with
the minimum space of 1 space per unit. Vann said he feels the
number of parking spaces provided is all right practically for
the nature of this project. The engineering department has
commented this is a better solution.
Vann told the Commission they would like to explore with the city
attorney to problem between the old and new regulations, and that
they do not have to build the old project because of
technicalities. Vann said if the applicant cannot identify a
mechanism to resolve the problem, they plan to go to the Board of
Adjustment and identify a practical hardship and obtain a
variance. Vann said the P & Z can waive the parking requirement
for employees. There are 20 spaces on this property and if they
are not being used by guests, they will be used by employees.
The project will provide 2 limousines. Vann told the Commission
the have reduced the impact of the rear of the building from the
previous project. Vann argued the increase in the size of the
guest amenities represents a significant improvement and they
should receive a higher score. Cunniffee said the number of
rooms has decreased and the amenities have increased, so the
scoring should increase. Vann said their employee housing
proposal is consistent with the employee housing guidelines and
they are housing 100 percent of employees generated, exceeding
the code requirements.
The Commission scored the proj ect at 52.6, which meets the
threshold.
Hunt requested condition 12 state the applicant shall join the
lodge improvement district ann any other district rather than or.
Vann said if the commission wants the west landscaped area to be
at least 6 feet in width, they will have to remove an amenity for
the employee housing, it is their only outside space. Cunniffee
pointed out the patio and green space. Cunniffee said he feels 3
feet of planting is adequate. Cunniffee said this plan works for
both the employees and the Alps. Hunt said he feels the patio is
a better choice. Vann suggested combining condition 1 nd 2, look
at the area further, and return to the planning office wi th a
more detailed landscape plan prior to issuance of a building
permit. Burstein said he feels it is an inadequate landscape
buffer area, it needs to be wider and have more trees in that
area. Blomquist suggested the applicant working with the Alps on
the fence and landscaping plan. Vann said they would develop a
plan between the two buildings. Burstein suggested wording, "A
site plan mutually acceptable to the Alps and as submitted to the
planning office shall be submitted prior to issuance of a
certificate of occupancy with regard to the western edge of the
property. "
6
Re-qular --Meetinq
-Prannin9 - eommission--
Jul v 2-2. -1-9ft6
~
Vann said in condition 5 it is not a service entrance, it is an
outside access to the kitchen to be able to provide room service
at night. Service access will occur in the basement. Vann said
the project will retain all run off on site with dry well, which
will be reviewed by the city engineer.
Hunt moved to recommend approval of the requested GMP exemption
for employee housing subject to the conditions in the housing
office memorandum 12 June 19861 and to recommend to Council to
confirm the GMP allocation for the project subject to the
conditions as amended1 seconded by Ms. Peyton.
Vann said he would like the Commission to waive the employee
parking requirements. The Commission did not agree.
All in favor, motion carried.
Vann asked how P & Z feels about the appropriateness of .7
parking space per lodge room, which has been used in lodge
developments in the city. Ms. Peyton said every time that
reduction has been granted, it has been granted with the
applicant assuring the Board it would not be used as a precedent.
Blomquist said he feels .7 is adequate 1 the problem occurs with
lock off rooms and more beds. Blomquist said he feels parking
should be proportional to the pillows rather than the rooms.
white agreed the Commission has to start relating parking to
pillows, not rooms. Ms. Tygre said the Commission has to re-
evaluate the parking requirements. Ms. Tygre said she feels
usage is more the answer. The current way of counting parking
spaces is not accurate. (White left the meeting>
SAWMllit --BltlOOE---sTR-EAM - -MARG IN - REVIEW
Steve Burstein, planning office, presented the plan for the
Sawmill bridge, showing the removal of trees, the Sawmill barn.
The bridge is about 300 feet. The two pillars supporting the
bridge are 45 and 50 feet from the bottom of the Castle creek
gorge. Burstein showed the proposed construction road to get
into the construction site. Blomquist suggested coming through
the road under the Castle creek bridge and through the lower
Marolt property into the Sawmill site. Chuck Roth, engineering
department, said he would be willing to look at the lower site.
Blomquist moved to grant the review on both options1 seconded by
Ms. Peyton.
Burstein said one of the main concerns is that revegetation be
accomplished. Blomquist said he would like to withdraw the
recommendation of not demolishing the Sawmill barn. Anderson
said he feels that structure gives character to the area and to
7
Retml-ar- Mee-tinq--
- PI ann inq Commi-ssion -- - - n -.JutV' 22.' 19-81)
,
the trail. Roth said one of Dietsch's conditions of granting the
trail easements is removal of the barn. Roth said the center
line of the trail runs through the building. The condition is
that Council should ensure that the alignment avoids the historic
Sawmill so that it will not be destroyed. Blomquist said this
requirement may ruin the easement negotiations. Burstein said
this will put a burden on Council to look at the easement
placement on the property. Anderson said he would like Council
to know the Commission wants the Sawmill barn to remain.
Hunt moved to approve stream margin review of the Lixiviation
plant bridge subject to conditions 1 through 8, including serious
investigation of a lower access road for construction of this, by
the city shops, that can be used as part of a future trail
alignment on a riparian way of Castle creek, approving both
versions in theory and allow the planning office to determine if
they think the disturbance to the natural grade and vegetation is
so severe it should be brought back to the planning office as
condition 91 seconded by Ms. Tygre. All in favor, motion
carried.
YARB ROUG H ilil-4irGREENL INE- REVIEW
Anderson stepped out of the room. Steve Burstein, planning
office, told the Commission the proposal is to build a porch 5
feet on the west side of the house. There is a dedicated trail
easement. There is a problem with the proposed flagstone walk
from the trailway to the proposed porch. This trail has been
used for skiers to come down to get onto the Little Nell slope.
Jim Gibbard, engineering department, said there is a potential
liability with using flagstone and would recommend gravel.
Burstein recommended approval of this greenline review with three
condi tions. One is that the trees not be located in the trail
easement. Burstein pointed out the third condition is that the
center line of the easement be real igned. Bur stein said the
distance from the tram structure to the proposed porch is only 14
feet. Burstein said the trail is still workable, and the third
condition should be reworded.
Michael Thompson, architect, said relocating the center line of
the trail will be expensive because it is a continuous line from
parcel to parcel. Thompson said other property owners would also
have to move their easements. Thompson said the trail easement
was informal and was one person wide and skiers grew accustom to
using this. Thompson said the easement occurred after the
building and the centerline takes a corner off the existing
building. Thompson showed photographs of the trail. Thompson
proposed another solution to leave the centerline as is to
alleviate the owner from relocating it, and reduce the souther
margin. Burstein read condition 3 "The trail easement shall be
8
#'
Req-urar-Merlrnq-----PlanninqCommission-- _n -july-22.- 19~
modified by reducing the width to 14 feet in the area of the
proposed structure, a realignment survey should be recorded with
the Clerk and Recorder's office prior to issuance of any final or
temporary certificate of occupancy."
Thompson said he would like to change 14 feet to what clears the
house from the easement. Burstein said he would prefer an exact
number to retain the integrity of the trail. Thompson said he
feels there is only 12.5 or 13.5 feet for a trail. Hunt
suggested saying the trail width can be varied around the
centerline. Blomquist suggested at least 12 feet.
Ms. Peyton moved to approve the 8040 greenline review subject to
the amended conditions1 seconded by Hunt. All in favor, motion
carried.
CON CEi"l'U1lf.-- Sm3DrVrS I-oN n_ "AGATE
Steve Burstein, planning office, told the Commission they have
seen this application, and it has not changed1 however, the
application expired because preliminary submittal was not
submitted within 6 months. The applicant would like to revive
the project. The applicant is requesting that the restriction on
building on lots A and K be removed in the case that the direct
connection highway alignment is chosen by the voters. Burstein
said staff feels it is still reasonable to have that restriction.
This is still a major connector street.
Hunt disagreed if the highway is relocated, this street will not
have the volumes of traffic it presently has. Doug Allen,
representing the applicant, told the Commission to build this
plan, there will be 2 trees that cannot be replanted. At the
preliminary stage they will have a more detailed landscaping
plan. Hunt said if the highway is moved from the existing
alignment, then the restriction on lots A and K should be null
and void. Blomquist suggested imposing a 30 foot setback. Ms.
Tygre said this condition was not just because of the highway
location but also because of the overall size of the project, and
the impact of the duplexes. Ms. Tygre said she would not be
willing to put the duplexes back on lots A and K regardless of
the highway location.
Hunt said he fel tit was essentially the highway that created
this issue. Blomquist suggested tabling this until after the
August 12th election. Allen said if this is conditioned on the
outcome of the election, then it is over. Allen said if the
highway is not located on the existing alignment, the chief
justification for moving the duplexes is gone. Allen said this
applicant is not being allowed to do what other owners of corner
lots in the west end are being allowed to do. Hunt said if this
9
,..4;-
Requ-1ar--Meeting-- ----planninq eommission-- - - Ju1y-22-.-l-986
is a residential street as a result of the election, there is not
justification for the setback at the corner. Ms. Tygre said the
visual impact is still there. Burstein said this should be a
wider buffer in this area.
Allen said he is asking that this applicant be allowed to have
the same setback as other property owners. Anderson pointed out
this could be only a 6'8" setback. Allen said they could live
wi th a 10 or 15 foot setback, they are only objecting to the 30
foot setback. Blomquist suggested giving the city fee title to a
10 foot strip on Seventh street, making a new property line and a
10 foot setback. Ms. Peyton asked why the duplexes are not
located on the south end of the parcel. Allen said the duplexes
are not as valuable and they are located on the least valuable
lots. Anderson said he was comfortable with the conditions
passed, and would like to reconfirm the previous conceptual
subdivision application. Ms. Tygre agreed as nothing has
changed.
Ms. Tygre moved to recommend approval of the Agate conceptual
subdivision with the conditions listed in the planning office
memorandum 1 seconded by Blomquist.
Hunt said if the highway is realigned, this is putting an undue
hardship on the applicant in that he is not able to use his
property the way other property owners in the immediate area are.
Hunt said this condition was imposed because the Commission
anticipated expansion of the highway. Blomquist said his
preference is to wait until after the election. Allen said he
could live with a 15 foot setback, even if the highway is
relocated, which is a reasonable compromise.
Roll call vote Blomquist, yes1 Ms. Peyton, yes1 Hunt, no, Ms.
tygre, yes, Anderson, yes. Motion carried.
Ms. Tygre moved to adjourn at 7:26 p.m.1 seconded by Blomquist.
All in favor, motion carried.
~;;;:;;, -
d f:iu-l. :/
City Clerk
,
10