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RECORD OF PROCEEDINGS
PLANNING & ZONING COMMISSION
NOVEMBER 22. 1988
Chairman Welton Anderson called meeting to order at 5:00pm.
Answering roll call were Michael Herron. Jim Colombo, Mari
peyton, Roger Hunt, Jasmine Tygre and Welton Anderson. Graeme
Means and Bruce Kerr were excused.
COMMISSIONER'S COMMENTS
Discussion regarding Planning Office having packets ready for the
Commissioners by noon on Friday before meetings or some type of
keyed mail boxes at the back door installed in order for
Commissioners to get their packets on weekends.
Commissioners agreed some sort of solution has to be met that
would allow them to get packets by 1: 00 Friday or over the
weekend. Mondays are just too late.
Jasmine: Regarding our Demolition and Replacement Ordinance:
The projects that were exempted because the moratorium would mean
that they were covered until such time that the Ordinance is
either adopted or not adopted. what happens to those parcels
that were either exempted because of contracts--
what happens if the contract then doesn't go through?
Cindy: If the contract doesn't go through by the time we've
established new regulations, they are out. The exemption would
no longer apply. You have got to have the plans into the
Building Dept. by the time we have adopted the Ordinance or your
exemption is lost.
Mari: I thought Mill street was supposed to be open by the
Winter season. (the Hadid Hole) It doesn't show any signs that
it is going to be open. I thought part of the deal was it
wouldn't be closed all Winter
MINUTES
OCTOBER 18. & NOVEMBER 1. 1988
Roger moved to approve minutes of October 18, 1988.
Jasmine seconded the motion with all in favor.
Roger moved to approve minutes of November 1, 1988.
Mari seconded the motion with all in favor.
PZMll.22.88
516 EAST HYMAN COMMERCIAL GMP CONCEPTUAL SUBMISSION
AND GMP SCORING
Cindy made presentation. (Attached in records)
Mari: Allowing them to get increased FAR for employee housing--
does it specify a certain percentage of employee housing that
they are generating?
Cindy: If they did take the additional square footage that is
allowed with employee housing, 60% of that additional square
footage would have to be dedicated to employee housing.
Mari: what I am saying is that they get the same FAR bonus
whether they are housing 100% of their generation or 30% of
their generation or whatever.
Cindy:
site.
Right.
It is just whether or not they have a unit on
Welton: It is a ratio of the number of square feet of the
employee unit. For every 6 square feet of additional of employee
units, you get 4 extra square feet of additional commercial
space if you take a bonus.
Mari: Whenever we waive, we always seem to waive parking spaces
for employee housing. AS far as I know, the price the buyer has
to pay for the unit is the same with a parking space or without
parking. That is not quite right. The price is set by square
footage. I think we should discuss this with Housing Authority.
Bill poss: We have no problem with Planning Office
recommendations. We need to know how we are going to control the
additional trash area which Planning has requested with regard to
who uses our trash area.
Cindy: The owner of that space can lease it however they prefer.
Priority should be given to pre-existing buildings in the area
that don't have the ability to put their trash on-site.
Bill: We don't plan to lease it. We don't want a problem later
on if some change happens in the building as a condition of our
getting approval for growth management.
Michael: Just add after the word "allowing" put in "unreasonable
conditions imposed by the building owner".
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MOTION
Michael: I make a motion that we adopt the Planning Office's
recommendation.
Welton: We can adopt the Planning Office's scoring and we can
also approve the other review criteria such as special review,
approval to pay cash-in-lieu for the required parking spaces and
the applicant receive approval for exemption from Growth
Management for the employee unit as well as special review for
approval to waive the required parking space for that unit and
that the conditions be as listed in the Planning Office memo
dated November 22, 1988 1 and 2 being the same, 3 being modified
as per Michael's suggested change and #6 to read: The applicant
shall install the additional insulation in the roof and basement
insulation shall be R-19 both as indicated in RFEC memo dated
November 15, 1988.
Michael so moved.
Roger seconded the motion.
Bill: The basement is already installed. It is already there.
We have insulation all the way down to the footings as the
Building Department requested that we do. It is 2" of rigid
insulation.
Roger: OK. And also I will be willing to modify that condition
because you are surrounded by buildings on both sides so you have
the insulation of other buildings. Then--applicant shall install
the additional insulation in the roof as indicated in RFEC memo
daed November 15, 1988.
Michael modified his second.
All voted in favor of the motion.
1001 UTE AVENUE LOT SPLIT/POD
welton stepped down at this time because of possible conflict of
interest and turned the meeting over to Vice Chairman Jasmine
Tygre.
Cindy: This is a letter from John Nichol, an adjacent land
owner at the Aspen Chance Subdivision who says that he thinks
this is an excellent improvement over the previous application
and urges approval of the lot split application.
Cindy made presentation as attached in records.
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I neglected to put in the memo that the applicants are proposing
to do some landscaping and grading of the adjacent park which is
the park that was donated as part of the 1010 ute PUD.
As far as the site plan itself the density is appropriate for it
given the lot. We have seen other proposals where the density
was a lot greater on the site and was denied under the Growth
Management Plan. It will be in keeping with the Aspen Chance
subdivision houses.
Mari: Is there anything to preclude it from becoming designated?
Evidently the samples show that it was worse than the one that
is designated.
Cindy: I don't know what the designation process is.
be that we could get into a lot of problems with that.
Sunny: It has always been this applicant's intent to work with
Environmental Health Dept. because we don't want any subsequent
liability once the lots are sold.
It could
Roger: I think it will require full disclosure as to what those
tailings are to the potential buyer. And with that kind of
tailings, is there a radon problem as well? As long as they are
willing to buy it fully informed I have no problem with it.
Michael: I would go a step further with that. I would like to
see that there be some covenants or restrictions placed upon the
property that releases the City from any liability in the event
the site is ever future designated or in the event that there is
a problem and that there be an acknowledgement that any costs to
remedy whatever it is has got to be born by the unit or based
upon the value of the property.
Sunny: A year ago this application received a recommendation of
conceptual approval subject to a reduction in density. Council
subsequently approved that conceptual approval but it never got
enough points to make threshold.
If you remember the road came in below and then there was 4 lots
and 8 units. What we have done is bring the road around the
back. By reducing the density and moving it back it reduces the
amount of grading required and saves more of the vegetation. It
is down to 2 lots. The remainder of the site and everything
above the lots will be deed restricted against further
development and is open space.
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At the moment it is the applicant I s intent to provide lots for
sale. We did not propose landscaping around the house because we
did not know what the house footprint would be. To the extent
that we can develop some landscape guidelines that would meet
conditions of approval, that is fine.
Michael: Is it possible to approve this without putting in a
building envelope? Why don't we delay the imposition of a
building envelope rather than approve a building envelope now
subject to revoking it later.
Sunny: In looking at the property we reached the following
conclusions: If you look at the up slope conditions there are
some historic avalanche paths. None of particular recent origin.
In most cases as far as 8040 Greenline there has never been a
prohibition in this development. what it normally requires is
some techniques employed in the design of the house.
We were not particularly concerned about it because of the dense
vegetation above us. It is a solid Evergreen forest. There is a
little historic evidence there that there are 2 breaks in the
slope. That is the large Midland r-o-w and then the trail above
it which will tend to stop any type of slide. with normal
precautions in the design of the house the problem could be
mitigated.
At the time that we do the final grading plan it was our
intention to comply with Chen and have them review that grading
plan for potential unstable slopes in a regraded area.
The drainage question I think we have done as much as we can to
mitigate it. There has been a historic problem identified with
water runoff in Spar Gulch. It tends to come down behind the
Alps, the Chance, the Black Swan and us. The plan which has been
adopted by the City recommends that the City construct a
drainageway in the old Midland r-o-w that eventually connects to
the Roaring Fork River.
Toward that end Jay Hammond requested that we grant an easement
across our property which we have agreed to do. We are going to
produce the detailed drainage plan which is an engineering
requirement at the next stage of review. We are proposing to
have a small drainage swail in this area. We have a snowmelt
system in the road.
The other concern was erosion of the mine tailings after we
graded. While this is part and parcel of the toxicity problem,
we are going to cover that with top soil and it is going to be
reseeded with grass to prevent erosion. The intent was not to
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grass or sod this entire site but to leave it natural--the rocks,
wild grasses and create a grassed envelope around the buildings.
Jasmine: Do we want to adopt as a general thing in regard to
this application parameters that defer the 8040 Greenline?
Mari: I think so. I think we should defer the 8040 until we
have a structure going on site.
Roger: We could handle the landscaping review at that same
time--again with parameters.
Michael: I think we should recommend as a part of the code that
we never have an 8040 without a structure. I don't see how you
can possibly have an 8040 review without having some kind of a
structure review.
Jasmine: It seems that the consensus of the Commissioners would
be to defer the 8040 Greenline Review to indicate parameters that
would be acceptable.
MOTION
Michael: I make a motion that we give them preliminary approval
in accordance with the conditions imposed by the City (attached
in records) with a change to #6 that there be no requirement to
install sidewalks at this time. But the developer be required to
join an improvement district when one is formed. #7 with the
word rights changed to heights. That a condition of approval is
that the 8040 Greenline Review will not be granted until a
specific building permit application is made at which time we
will also review landscaping. And to require that the City
Attorney come up with some kind of language that protects the
City from any of the environmental impacts prior to the final
approval.
Roger seconded the motion with all in favor.
Jim: I would like to make a request of the Planning Dept. to
discuss amongst themselves and with Alan to give us a definition
of the criteria by which we are scoring on 8040 Greenline.
Especially in regard to the real oblique ones--architectural
review, environment, etc. so that the applicant knows what we are
going to be reviewing and what the criteria of that review is and
we know what ability we have for review.
If we are going to be an architectural review board then let's
just come out and say we are an architectural review board. If
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that is not our goal, which I do not believe it is, then let us
make it specific what the criteria of special reviewing is.
Meeting was adjourned. Time was 6:00 pm.
J.~.!ty.
eputy Clerk
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