HomeMy WebLinkAboutminutes.apz.20060207
Aspen Planninl! & Zoninl! Commission Meetinl! - Minutes - February 07. 2006
DECLARATIONS OF CONFLICTS OF INTEREST............................................. 2
920/930 MATCHLESS DRIVE SUBDIVISION/PUD............................................ 2
LONG F AMIL Y REZONING - 802 WEST MAIN ................................................2
410 SOUTH WEST END STREET - SUBDIVISION............................................ 5
1
Aspen Planninl! & Zoninl! Commission Meetinl! - Minutes - Februarv 07. 2006
Jasmine Tygre opened the regular Planning & Zoning Commission Meeting in
Council Chambers at 4:30pm. Commissioners John Rowland, Steve Skadron,
Brian Speck and Jasmine Tygre were present. Dylan Johns, Brandon Marion and
Mary Liz Wilson were excused. Ruth Kruger was seated at 6:00 pm. James Lindt,
Joyce Allgaier, Community Development; Kathy Strickland, Chief Deputy City
Clerk were also present.
DECLARATIONS OF CONFLICTS OF INTEREST
Ruth Kruger was conflicted on the Long Family Rezoning.
CONTINUED PUBLIC HEARING (11/05):
920/930 MATCHLESS DRIVE SUBDIVISION/PUD
Jasmine Tygre opened the public hearing for Matchless Drive SubdivisionlPUD.
MOTION: Steve Skadron moved to continue the public hearing for 920/930
Matchless Drive Subdivision/PUD to February 28th; seconded by Brian Speck. All
in favor, motion carried.
PUBLIC HEARING:
LONG F AMIL Y REZONING - 802 WEST MAIN
Jasmine Tygre opened the public hearing for 802 West Main. Joyce Allgaier
explained this application was for a rezoning without any development application
associated with it. Allgaier stated that it was a rezoning from R-15 to Mixed Use.
Allgaier stated it was a 9,000 square foot piece of property owned by the Long
Family Investments represented by Stan Clauson. Mixed Use came through the
Infill Ordinance and it was found along the Main Street corridor from this end of
Main Street right down to the Jerome. Currently there was a single family
dwelling on the property; if it were redeveloped the single family dwelling could
be developed as large as 8,080 square feet under the R-15. The allowed height was
25 feet. Allgaier said ifit were rezoned mixed use the single family house could
be 3,660 square feet and a duplex would max out at 4080 square feet. There were
more uses allowed under mixed use. The maximum square feet for a mixed use
building would be 18,000 square feet (a 2:1 Ratio); 6,700 square feet for free
market housing; a maximum of 6,750 commercial square footage within a mixed
use building and affordable housing was unlimited up to the maximum 2: 1 ratio.
The maximum height for mixed use or multi-family would be 32 feet; ifit were a
single family or duplex the height limit would be 25 feet. Any mixed use
development would be subject to the commercial design guidelines; off-street
parking guidelines; the other dimensional standards set in the MU Zone District.
2
Aspen Planninl! & Zoninl! Commission Meetinl! - Minutes - Februarv 07. 2006
Allgaier said that staffrecommends approval of this project. The impacts that
were associated with that intersection and the future impacts of that intersection
with high traffic volumes and a neighborhood that could support a mixed use with
offices, residential and affordable housing; the provisions of the AACP support the
rezonmg.
Steve Skadron asked if actions like this one (rezoning in an area like this) create
the possibility of a domino effect of rezoning; where each adjacent R-15 property
might determine itself the best use. Allgaier replied that has been known to happen
especially when there is more of the opportunity for sprawl along a commercial
core. Allgaier said that she didn't think that could happen here just because of the
land uses that already exist and the new affordable housing. Skadron said the
purpose of the mixed use zone district was to provide for a variety of different uses
but it doesn't require a variety of mixed uses, does it. Allgaier replied no, but there
were stringent limitations as to how much you can build. Skadron asked what the
effect of the Historic Designation Overlay. Allgaier responded the floor area ratio
goes from 2: I to 1: 1 with the Historic Overlay subject to design review by the
Historic Preservation Commission. Allgaier said the applicant did not request the
Historic Overlay.
Skadron asked the height of the ih and Main Affordable Housing. James Lindt
replied that it was approved at 32 feet.
John Rowland asked why restaurant or food facilities were not part of the
conditional use. Allgaier replied that it was more trying to give Historic
Landmarks additional uses.
Jasmine Tygre asked under the mixed use provision in the code what would trigger
review of the project. Allgaier said the planning commission would review of the
growth management quota system requirements and commercial design guidelines
evaluated, so there would be a process for any mixed use building. Lindt said that
if a single family house or duplex were proposed they would not need a growth
management review; if they were to do a mixed use or multifamily complex would
require growth management review and subdivision review. Tygre asked if you
put in a 200 square foot office, would you be eligible for the 18,000 square feet
under mixed use. Lindt replied that you would.
Tygre asked the relative frontages of the Main Street side and the ih Street side of
this property. Allgaier responded there were 100 feet on the ih Street and 90 feet
on the Main Street side because it was made up of three individuallots of 30 feet
by 100 feet.
3
Aspen Planninl! & Zoninl! Commission Meetinl! - Minutes - Februarv 07. 2006
Michelle Bonfiles Tevo, Stan Clauson Associates, representing the Long Family
stated that in their application they are not recommending any residential use on
the ground floor level of this property because of the impact of traffic. Bonfiles
Tevo said that because of the traffic they were asking for mixed use; they saw this
site as a transitional site from the commercial uses along Main Street into this
dense residential area.
Tygre stated concern for not having a specific development application, which was
normal in a rezoning, but she wanted a better idea of what the commission was
letting the city in for with a rezoning. Allgaier said there were many options for
what the mix could be in the mixed use zone.
Public Comments:
1. Neil Siegel, Villas of Aspen Board Member, said they were a townhouse
community of 36 townhomes and their position was that the applicant was
premature unless tied to some development plan. Siegel said that there were
synergistic effects that can't possibility evaluate in terms of density, height, traffic
implications and the like. Siegel said this was a tricky intersection coming from
any direction. Siegel said that this was not a buffer as mixed use because the
Villas of Aspen were right there and very residential.
2. Eric Cohen, co-listing agent of the subject property, said there were a fair
amount of discussions on the mixed use change and what the outcomes would be.
Cohen stated he did not think that the three units with a small office space would
work; he suggested the first floor commercial service orientated uses, smaller free-
market and significant affordable housing on the upper floor. Cohen said the
mixed use was the incentive to placing affordable housing on site.
Jasmine Tygre asked if affordable housing was a requirement of mixed use. James
Lindt answered it was not a required component; there were incentives to doing
on-site affordable housing services or mitigates both components of development
(commercial and free-market).
John Rowland stated that he was in favor of the rezoning; the neighborhood had a
hybrid mix of different zoning categories and felt it was appropriate.
Steve Skadron said that he liked the application however he was concerned for a
future mixed use project with a lot of uncertainty of what the project might consist
of and the impact of traffic on the neighborhood. Skadron said that he could
4
Aspen Plannin!! & Zonin!! Commission Meetin!! - Minutes - Februarv 07. 2006
ultimately support this with a specific development application but he was not
comfortable with it as it stands now.
Brian Speck said that he felt the same way John did and a mixed use project made
sense in the area and supported it.
Jasmine Tygre stated concern for this because she did not believe this was an
appropriate site for a mixed use project; even through it was an extension of Main
Street the Main Street that was east ofih was completely different, they were two
different entities. Tygre said this was more of a ih Street property than a Main
Street property and the uses were more in line with residential. Tygre said the
impacts of deliveries was a problem for this site and did not feel this was an
appropriate area for this kind of mixed use zone; it was a disservice to the other
parts of the residential area. Tygre said that it was possible that a mixed use
project of a particular type might be successful here in which case she would like
to see another way to apply for it through a PUD or a site specific review, which
could be evaluated and not the blanket rezoning approval to a kind of use for only
certain circumstances. Tygre said that she could support a particular project.
Michelle Bonfiles Tevo requested a continuance.
James Lindt stated that the applicant could request a continuance (26.304 Common
Development Procedures of the Code) and a second continuance could be by the
commission's request.
MOTION: Steve Skadron moved to continue the public hearing for the Long
Family PUD, 802 West Main to February 2Ft; seconded by Brain Speck. All in
favor, APPROVED.
PUBLIC HEARING:
410 SOUTH WEST END STREET - SUBDIVISION
Jasmine Tygre opened the public hearing for 410 South West End Street. James
Lindt stated the proof of public notice appeared to meet the jurisdictional
requirements.
Lindt noted the application was submitted by John Provine and Ronald Soldering
living Trust subject to review for subdivision, growth managementJor affordable
housing and certificate of compliance for multifamily replacement program to
construct 2 free-market units and 2 affordable housing units at 410 South West End
Street. Planning and Zoning was final review on the growth management for the
affordable housing and recommending body to City Council on the Subdivision
5
Aspen Plannin!! & Zonin!! Commission Meetin!! - Minutes - Februarv 07. 2006
request. The community Development Director was the final reviewing authority
on the certificate of compliance with the multifamily replacement program at the
time of building permit of the other land use actions were approved.
Lindt stated the applicants wanted to demolish the existing 5 plexthat exists at 410
South West End Street, on the Southeast corner of Cooper and South West End
Street. The lot was 6,000 square feet zoned RMF; the 2 affordable housing units
would be sub grade. The RMF dimensional requirements would be met (page 2 of
the memo) and it met the residential design standards. Lindt utilized elevation
drawings depicting South West End Street with the entrances to the free'-market
units and the alley far;ade to the south of the structure with 2 two car garages
accessed off of the alley.
Lindt said there were utilities in place to serve that existing multifamily building;
the parcel was flat without geologic hazards. Lindt said the applicant was
providing 2 subgrade affordable units plus cash-in-lieu fee of $179,000.00 for the
additional half of a unit that would be required to be replaced. The Housing
Authority has reviewed the proposed affordable housing units and indicated they
meet the affordable housing guideline requirements. Lindt stated that it was never
codified that employee housing units be required to be above grade even though it
has been the Commissions preference to be above grade. The review standards
were attached as exhibit A and staff recommended P&Z approve the resolution
with the conditions. A condition in the resolution was to provide a detached
sidewalk from the curb.
Sunny Vann stated the conditions were acceptable to the applicant as drafted.
Ruth Kruger asked Sunny to speak to the livability of the affordable units. Vann
replied that the units were half above and half below. Kruger asked if the
bedrooms were under the garages. Vann replied the free market bedrooms were
under the garages; the affordable housing was in the center portion of the site
adjacent to what would be the east property line (drawing pages A2.1). Lindt
explained that AO.3 showed all the different levels of the building.
Steve Skadron asked the difference between the request for a subdivision approval
and subdivision approval including condominiumization. Lindt answered there
was not much difference, typically when a project is to be condominiumized it was
a stafflevel review but this was placed in the packet for P&Z and Council. Vann
said there was no way to create a multifamily structure and sell the units without
condominiumization. Skadron asked if other properties were condominiums in the
neighborhood. Most of the neighbors were condominiums.
6
Aspen Plannin!! & Zonin!! Commission Meetin!! - Minutes - Februarv 07. 2006
Tygre asked if the affordable units would be under the Housing Rental Guidelines
with mandatory occupancy. Vann replied yes and said the housing units exceeded
the minimum size requirements for Category 2 units; the entire structure would be
condominiumized and the ownership of the 2 affordable housing units would be
owned by the association subject to the deed restrictions.
No public comments.
MOTION: Steve Skadron moved to approve Resolution 08, Series of2006,
approving with conditions, a growth management review for the development of
affordable housing, acknowledging the condominiumization of the development is
to be approved the Community Development Director, and recommending that the
City Council approve with conditions, the Copper Apartments Condominiums to
develop a multifamily building consisting of two (2) free-market residential units
and two (2) deed-restricted affordable housing units at 410 South West End Street.
Seconded by Brian Speck. Roll call vote: Speck, yes; Kruger, yes; Skadron, yes;
Rowland, yes; Tygre, yes. APPROVED 5-0.
Discussion: Kruger stated that she was disappointed to see sub grade affordable
housing units. Tygre agreed with Ruth but in general this was a better solution
than some of the other units that P&Z has seen. Tygre commended the applicants
for staying within the dimensional requirements. Speck agreed with Ruth and
Jasmine.
Meeting adjourned at 6:20 pm.
~
ackie Lothian, Deputy City Clerk
7