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ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
MINUTES .................................................................................................................. 2
DECLARATION OF CONFLICT OF INTEREST ................................................. 2
BOOMERANG SOUTH REZONING .....................................................................2
CASTLE CREEK LOT SPLIT & PUD AMENDMENT......................................... 5
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ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
Jasmine Tygre opened the special meeting of the Aspen Planning and Zoning
Commission at 4:35pm. Commissioners Mary Liz Wilson, Steve Skadron, John
Rowland, Ruth Kruger and Jasmine Tygre present. Brian Speck arrived at 4:40
pm. Dylan Johns and Brandon Marion were excused. Staffin attendance were
Joyce Allgaier, Community Development Deputy Director and Jackie Lothian,
Deputy City Clerk.
MINUTES
The commissioners postponed the reading of the minutes from 11/29/05; 12/06/05;
12/13/05 to the next meeting.
DECLARATION OF CONFLICT OF INTEREST
John Rowland had a conflict on the Castle Creek Lot Split.
CONTINUED PUBLIC HEARING (01/17/06):
BOOMERANG SOUTH REZONING
Jasmine Tygre opened the continued public hearing on the Boomerang South
Rezoning; notice had been provided at the last meeting.
Joyce Allgaier distributed a revised resolution (with the changes in red). Allgaier
utilized the packet information booklet to show the 2 lots that would be reviewed.
Allgaier stated the vacant property was acroSs from the existing Boomerang
Lodge; the old proposal would be retracted and this would be a new proposal. The
property would be rezoned to R-6 with a PUD and Lodge Preservation overlay and
creates 2 lots developed with residential use; lot 1 would be 12,237 square feet and
lot 2 would be 7, 500 square feet.
Allgaier spoke of the vehicular access for Lot 1 that would come from Fourth
Street and Lot 2 on Hopkins.
Allgaier said the FAR for Lot 1 would be 3,450 square feet for a single family
residence and Lot 2 with 2 detached residences totaling 4,274 square feet; the
proposal was for 3 smaller residences on the 2 lots. There would be no lodge units
in this proposal and there were ADUs or cash-in-lieu fees proposed for each of the
units. A trail proposal for the area included widening the trail.
Steve Skadron asked when Charlie Paterson's proposal happened. Allgaier replied
that it was in 2002. Mitch Haas said that there was an approval and then a whole
different application came in because the drawings were incorrect and the next
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ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
proposal was for timeshare or fractionalized with vested rights unti12009. Allgaier
stated the new owner brought this application forward.
Tygre asked if the parcels could be further split from Lot 1 and Lot 2. Allgaier
replied that they could not be split anymore in accordance with this approval; they
would have to come back but this lot split would max out their density for the lot
sizes there would be no further lot split under this zoning.
Haas stated the property was sold and the new owners sought bids on the previous
approvals and found they couldn't find financing for that project because of the
location of the factional project and the association with the lodge on the other side
of the street. Haas stated the lodge units were a separate application with the
existing number of rooms plus the rooms that were supposed to be on this property.
Haas said that the R-6 zoning would allow for the single family homes, which fit in
the neighborhood. Haas said that with a lot split you can not come in and split an
already split lot; one of the provisions for a lot split was that the property had never
been subject to a subdivision exemption.
Allgaier said the revised resolution doesn't change any lot sizes and Section 11
talks about the trail easement.
Mary Liz Wilson asked if the size of the houses included the ADUs. Haas replied
that was correct; the ADUs were part of the FAR.
John Rowland asked where the 15 foot radius came from. Haas replied that he
thought it was engineering design standards.
Skadron asked the significance of the vacation of the Lodge PUD approval.
Allgaier responded that it clears the record or the way for those entitlements and
places new entitlements in place when approved by City Council.
Ruth Kruger asked if the same owners owned the Lodge across the street. Haas
replied that currently they did. Kruger asked if there was an application for the
Lodge. Haas stated that it was submitted.
No public comments.
Brian Speck said that his area of concern was the size of the ADUs, 300 square feet
was too small. Tygre stated that the commission could make a recommendation to
Council along that line. Allgaier said that the ADU had to meet the housing
guidelines. Haas said that this was not something that would be normally
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ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
discussed with Council because it was an administrative growth management
exemption and the code provides 6 options; anyone of the options satisfies it.
Allgaier said as long as the applicant met certain criteria it was at the applicant's
option, but the commission could make a recommendation to council. Tygre said
that a lot of the commissioners share Brian's concern with the small ADU size and
the commission could put this is as a recommendation to council. Haas said it was
the code that stated minimum to be above grade and meet all of the other
requirements.
Skadron said that he had some reluctance to give up the zoning for what ultimately
could be moderately priced rooms for 3 single family homes and he was not
convinced by what was presented that something couldn't work there that better
satisfies the goals of the Aspen Area Community Plan. Skadron said that any
change to a zoning should be associated with a higher degree of community
benefit. Allgaier stated that the standards to judge the rezoning don't speak to
public benefit they really speak to have there been some changed conditions in the
neighborhood that might warrant this or changed conditions n the community.
Allgaier said there was more residential type of development with Little Ajax next
door; there was an existing lodge across the road. Allgaier said it doesn't speak to
the public benefit as much as it was in compliance with the Aspen Area
Community Plan; the proposed amendment would impact traffic; there were
sufficient utilizes in the neighborhood to serve a different type of zoning; in many
cases there was a diminished impact versus what the lodge might have. Skadron
said he understood that the area would be better served with a lodge even though it
would bring more traffic.
Ruth Kruger agreed with Steve because she would hate to see a lodging
opportunity lost but on the other hand it was her understanding that the use by
right, which would be a large duplex would be likely to be built there if the
application was denied.
Mary Liz Wilson said that she did not object to this project; she would object to a
lodge because she uses that pedestrian way and would object to the traffic that a
lodge would put on Hopkins.
John Rowland said that he could see where Steve was coming from but if you
analyze this site it was extremely challenged for any density. Rowland said this lot
split was in keeping with the patterns of the neighborhood. Rowland asked that the
curb cut be looked at again. Rowland said that he supported this project.
Brian Speck said that he also supported the project and dittoed what John said.
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ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
Jasmine Tygre said that she was concerned about the patchwork zoning in this area
and she understands Steve's point of not giving up potential lodging possibilities
but LP was more designed to preserve an existing lodge use; the lot has never been
a lodge use; it was associated with common ownership with an existing lodge use.
Tygre said that the north and south sides of Hopkins Street have slightly different
characters and the side that's closest to Shadow Mountain was always more of a
transitional area. Tygre said the fact that the Boomerang might be redeveloped on
an existing lodging property was more of what she considered an LP overlay than
the parcel across the street, which would not be eligible for LP if it wasn't under
the same ownership. Tygre said this particular proposal seems more in keeping
with what has been going on in the neighborhood; she said that she would like to
see 3 smaller dwellings as recommended by staff.
MOTION: Ruth Kruger moved to approve Resolution #3, series of2006
recommending that City Council rezone the vacant "Boomerang Parcel" located
on the south side of West Hopkins Avenue between South 4th Street and South 5th
Street from the R-15 Zone District with a PUD and Lodge Preservation Overlay to
the R-6 Zone District and approve a lot split to divide the parcel into Lots 1 and 2
of the Boomerang Lot Split, city and townsite of Aspen with the addition to
condition 9 for a smallest turning radius access and the size of the residential units
be added. Seconded by John Rowland. Roll call vote: Wilson, yes; Rowland, yes;
Speck, yes; Skadron, no; Kruger, yes; Tygre, yes. APPROVED 5-1.
Discussion: Skadron stated that he liked the application.
PUBLIC HEARING:
CASTLE CREEK LOT SPLIT & PUD AMENDMENT
Jasmine Tygre opened the public hearing on the 488 Castle Creek Lot Split and
PUD Amendment. Notice was provided.
Ben Gagnon said there was a vicinity map; the property was located on the left
from the hospital turn off; it was about % of an acre. Gagnon provided the history
of this parcel, which was annexed and zoned in 1980; the primary concern by City
Council was to have some affordable housing on this site. There was a request for
removal ofthe PUD overlay, which was denied by P&Z and an appeal was not
actually processed or brought forward. It allows the lot split with 2 detached single
family houses (3,335 square feet and 3,515 square feet) and 1 detached single
family deed restricted units (RO 1,500 square feet) or Category 7 (2,000 square
feet).
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ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
Gagnon said the PUD Amendment was requesting a decrease in the minimum lot
area and decrease in the minimum lot area per dwelling unit for Lot 1 and 2. The
PUD amendment also called for 3 smaller homes in a fairly dense area. The key to
allowing the lot split was the mitigation of the steep slopes on the north and east
property boundaries. Gagnon said the lot split would go to Council and P&Z was
the recommending approval.
Tygre asked for a map that showed the location of the structures. Gagnon stated
there was no development plan or building envelop for that PUD Amendment at
this time. Allgaier said that all of the dimensional standards were what was
approved on the one lot, so any house would have a certain size, setback and would
get a building permit for that. Tygre said that she was looking for a site plan with
purposed building envelopes. Gagnon said the setbacks were in the area where the
homes could be built with relation to the slopes. Allgaier said that the setbacks
were included in the resolution under Section 2 Dimensional Approvals; there was
not a certain style of house or certain footprint but it had the setbacks. Tygre asked
for everything on one piece of paper without having to go to three different
documents to find out what was allowed on the parcel. Haas showed a drawing of
the setbacks. Gagnon stated that could be included as an exhibit in the resolution.
Category 7 was selected by staff to make sure the Deed Restricted Unit remain
Affordable and remain as a community benefit. The net livable space was 2000
square feet.
No public comments.
MOTION: Steve Skadron moved to approve Resolution #4, Series of 2006,
approving a PUD amendment for property located at 488 Castle Creek Road, with
conditions and adding that the map be attached as an exhibit, finding that the
review criteria for that application have been met, seconded by Ruth Kruger. Roll
call vote: Speck, yes; Wilson, yes; Kruger, yes; Tygre, yes; Skadron, yes.
APPROVED 5-0.
Meeting adjourned at 6:05 pm.
'V'
J. kie Lothian, Deputy City Clerk
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