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Home My WebLink Aboutminutes.apz.19890103 ..,,...' AGENDA =============================================================== ASPEN PLANNING AND ZONING COMMISSION January 3, 1989 - Tuesday 4:30 P.M. Old City Council Chambers 2nd Floor City Hall REGULAR MEETING ============================================================== '-' I. COMMENTS Commissioners Planning Staff II. MINUTES III. RESOLO'1'IONS A. Conflict of Interest Recommendations IV. PUBLIC HEARINGS A. Bucher Conditional Use Review B. Code Correction Recommendations V. ADJOURN MEETING .-... a.cov ........ ~ RECORD OF PROCEEDINGS PLANNING " ZONING COMMISSION JANUARY 3. 1989 Chairman Welton Anderson called the meeting to order at 4:30pm. Answering roll call were Graeme Means, Bruce Kerr, Herron, Mari Peyton, Roger Hunt, and Welton Anderson, Tygre was absent and Jim Colombo was excused. Michael Jasmine COMMISSIONER'S COMMENTS Welton: I took part in that symposium a few months ago that dealt with employee housing. There were a lot of interesting ideas that Snowmass gave us. I got the employee housing lecture from Doug Dodson and I would like to forward it to the new Senior Planner. We may be able to dovetail some of those ideas into our code. Alan: I am reading the draft of the Housing Authority which I will be bringing to you in the next couple of weeks. So if there are some good ideas in there that we would want to incorporate in there, I would like to do that. STAFF COMMENTS There were none. MINO'l'ES NOVEMBER 22. 1988 Roger moved to table minutes to meeting of January 17, 1989. Mari seconded the motion with all in favor. RESOLUTION CONFLICT OF INTEREST Welton: Basically in Section 4-203 B: "Members of the Commission shall serve pursuant to Ordinance 50, Series of 1979." If that is the Ordinance we have copies of, that basically runs 180 degrees counter to our bylaws. It says in no way can any member have anything to do with anybody having anything to do with an application before the Commission. I think Ordinance 50 of 1979 basically says you either abide by this or abide by these changes we have made here and the two don't work together. Michael: I was not real comfortable with Section 203 B. I think if we would take any stand at all the stand that I would be more comfortable with taking would be to prevent members from appearing before the Commission. On the other hand I really don I t have a problem with the members that do appear before us because it is rarely and, if anything, they really do get hammered as opposed to getting an advantage to appear before us. What concerns me is the public perception. I think the public perception is a real problem that happened before HPC with the McDonalds and Charles Cunniff. It just does not seem to me that we have a problem that we should even bother addressing. I don't think we need to make a statement. I don't think we have a prolem and I don't think anybody is complaining about us. I recognize that living in a small town, it's difficult in everything not to have a conflict so that if we strictly went by what I feel we should do then probably we wouldn't have anybody competent guiding us. So I wouldn't be in favor of excluding people from appearing before us but I am less comfortable with saying an excessive number or any of the rest of it. Welton: I don't think we can ignore it because Council has asked us and the other boards and commissions to come up with our own rules based on our own feelings and personal histories on the Commissions as to whether or not it poses a problem. Michael: I would rather have in a "Whereas" that we con't have a problem and we would like to maintain the status quo, rather than imply that we do have a problem. Welton: The status quo presently is governed by Ordinance 50 of 1979 which says no commission member can. Michael: I certainly would not want to do anything that would preclude you from appearing before us if it precluded you from being a member of the Board. Welton: I remember when Al Blomquist was on the Commission and we were going through the whole LP zoning designation and creation of the L-3 zoning district. Al said "Do you think it would be a conflict of interest for me, being a small lodge owner, to take a part in the decision-making process?" The Commission in unison said "NO, because who would know more about the trials and tribulations of an LP lodge than somebody who is a lodge owner". He offered invaluable input. So there is a tradition of a member saying "Is it proper?" and then the Commission making a determination as to whether it is or not. I think the word excessive is not easily interpretable by the Commission. "'<i.:.,..,,' Michael: Maybe if we drop the sentence that says "Members are discouraged from bringing an excessive number." The remedy that follows it is there whether that sentence is there or not. If we took that one sentence out it then doesn't imply that somebody is doing it. That is what really concerns me. Bruce: I really think it would be adviseable for members not to ","',"" appear before us. But I don't feel strongly enough about it to try to lobby for that condition. Roger: What does the Board feel about written notice from members of a firm to the Planning Office or to the chairman? Mari: I feel like it is enough to disclose any potential conflict at the meeting where the review is taking place. Welton: If a member makes application on his letterhead, that is a written notice. This is the case before you and I have written it out for you. Michael: I think what this is saying is that you are going to say that in the letter. In you letter you are going to say "And in addition I disclose that I am a member of the P&Z". Welton: I think in the letter it says "I am hereby authorized by this applicant to represent him in cases before the P&Z". Michael: I don't know that we have a real strict mechanizm to enforce this anyway. Roger: As far as I am concerned that written notice which goes through the Planning Office really doesn't notify us either. Michael: Is it notice to us or is it notice to the public when they look at that file and want to see what is going on and get concerned over thefact that Welton Anderson as chairman is now representing an applicant and maybe would want to know that fact by some specific disclosure. Roger: I have a feeling that this is overkill. It is nice to fill a file but what does it accomplish? Mar i: I feel the same way about it. paper. Cindy: It is a pUblic record though. It just seems like more Mari: But won't there be public record in the minutes? Welton: There would also be public record in the application in the Planning Office text. But I don't think there is any problem at all with the second sentence there which basically just says that the application is prepared by a professional who happens to be on the Commission. Then that is made known. , Roger: Parenthetically it should be indicated that this written notice could be satisfied in the due process of the application. This written notice, to me, means something exclusive. I don't see the necessity of a separate sheet of paper saying that he is a member of the Planning and Zoning Commission and he is going to be representing this applicant. CODE CORRECTION RECOMMENDATIONS PUBLIC HEARING welton opened the public hearing. Alan went through the amendment recommendations with the Commissioners noting changes and taking suggestions for additions, corrections and deletions from the Commissioners and the public. Information from Joe Edwards attached in record. The public hearing was then continued to January 31, 1989. Meeting was adjourned. 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