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HomeMy WebLinkAboutminutes.apz.19890221 f{P RECORD OF PI.'':::EEDINGS PLANNING & ZONING COMMISSION FEBRUARY 21. 1989 Chairman Welton Anderson called meeting to order at 4:30pm. Answering roll call were Bruce Kerr, Michael Herron, Peyton, Roger Hunt, Jasmine Tygre, Jim Colombo and Anderson. Graeme Means was excused. Mari Welton COMMISSIONER'S COMMENTS There were none. STAFF COMMENTS There were none. CRESTAHAUS GMQS AMENDMENT PUBLIC HEARING Roger made a motion to remove Crestahaus from the agenda. Jasmine seconded the motion with all in favor. HOTEL JEROME GMQS EXEMPTION AND CONDITIONAL USE AMENDMENT PUBLIC HEARING Welton opened the public hearing. Roxanne: Made presentation as attached in record. Primary to the change in use is mitigation for the 3 employees -' that are required by the Housing Authority. And this is based on a generation that the 5.25 per 1000sqft. This comes out to 60% threshold employees. The North star Lodge has been purchased by the Hotel Jerome and we are recommending that either payment-in-lieu for the employees that are generated be accomplished or that the units be deed restricted at the North star as a possibility. The applicant has submitted a letter in your packet which states that they feel that their employees have been already taken care of due to the lesser hotel rooms that were created in the Hotel Jerome and that originally 13, OOOsqft of commercial space was approved and they in fact built 0 of that. We feel that the Housing Authority's recommendations are appropriate in this case. We are also recommending that you approve the conditional use for the office. Secondly the Engineering Department has required 2 issues be brought into compliance that were represented when it was originally approved. One is the indoor trash compactor that currently is not in existence. A second is the limousine/van drop off parking situation that is currently happening on Main street. They are recommending that this take place indoors down below in the garage. PZM2/2l/89 We further are recommending that the applicant and the Engineering Department arrange for the installation of some No Parking, Loading or Unloading signs on Main street. In the Insubstantial PUD Amendment lists of variety of uses. We have looked into them and have recommended deleting some of those uses that they have proposed. (Both lists attached in record) Roger: Concerning that use list: Are not most of those uses in the Hotel Jerome supposed to be accessory to hotel type activity? Roxanne: In reviewing all the files, that is how I see that also. WE feel that antique store is considered an accessory use in that similar antiques are used throughout the hotel. The decorator who did the hotel is Zoe Compton and it is her antique store and we feel it is an accessory use to that. Roger: I have a problem with generic antique store being accessory use to generic hotel. Given the problems with service access to that hotel which at times is Mill street which I find unacceptable. They in their presentation before us said that they would adequately police the front of the hotel which has not been adequate. Now all of a sudden we are coming up with a recommended secondary entrance to the hotel which I might point out to the rest of the P&Z that I strongly urged and now it is coming back to roost upon us. I have problems with any commercial space in that hotel because they were given a higher number of rooms to make it viable as a hotel and it was my recollection that the commercial space was supposed to be accessory use to the hotel. I must say it is stretching it finding an antique shop as accessory use to the hotel. Dick Butera: All we are asking for is to convert office space. It is on the first floor of the hotel. is right next to the antique store. It is next to The point of that is the original John Gillmore plan this commercial--13,000sqft more commercial. an a suite to The suite the lobby. had all of We thought it would work as a suite but it doesn't because it is too noisy in the lobby. It is the highest-priced suite we have in the hotel and it simply would work better as offices because we built the hotel short of office space. We need more offices for our help and because of the noise and the fact that the public hasn't accepted that suite on the lobby we thought it to be more appropriate that it go back to what it originally was and that was commercial space. In this case we are just asking for offices. 2 PZM2/2l/89 The whole first floor is zoned commercial. So under the zoning we were permitted to do this in the first place. If you look at what was approved when we bought the property from Gillmore, what we propose to the P&Z and the Council as a revised plan and the 19 employee housing units were requirements of Gillmore. We never discussed reducing that. Approved is what Gillmore had approved and what we proposed and eventually built was reducing the floor area ratio from 2.7 to 2.2. Reducing the square footage of the building from 128,000 to 106,000sqft--a '22, OOOsqft reduction. I want to emphasize that this was all fully approved when we bought it. We didn't have to ask for these reductions. It was all voluntary on our part so we asked to reduce the square footage by 22,053 feet. There was no on-site parking on the approved plan. We offered to build 51 parking spaces all on site which we did. The original parking plan on the approved plan was Gillmore's cars to be parked at the golf course and buses to bring people in to the hotel. The number of rooms approved by Gillmore was 105. We asked for 94 and reduced it by 11. The open space we increased by 1,274ft. The height we increased by 2ft. Retail space which is now a garage was at l3,000sqft which we asked to be reduced to 0 in the new phase. The restaurant seating we reduced by 200 seats from the original approval. And the meeting room space we reduced by 1,000. When we asked for these approvals we did it in good faith and we didn't ask for the employee housing count to be reduced whatsoever. We left it at 19. We are coming back to you today and saying "One of the things we did didn't work--that is putting the suite on the lobby--and we would like to put in office space because we are short of office space". Now to be penalized with 3 employee housing units seems to us to be unreasonable in view of the fact that a suite of that consequence has its own employee generation in terms of room service, maids, repairs and maintenance and all the things that go with the room. So it is not that it is new space we are adding. We are asking only to move my office, my secretary's office and one of the other girl's offices into this space. So we would ask you to give consideration to the reasonableness of the fact that had we taken all these reductions originally and asked to reduce the employee housing requirements it would be reasonable for you to ask to push them back up again but the fact we didn't reduce them from 19. 3 PZM2/2l/89 I would also like to point out that I think we are one of the few businesses in town who is solving its own employee housing problem without government requirement. We have an extra 11 units at the cortina that we are using for the Hotel Jerome. We have bought the North star Lodge which is 48 units which we are using for the Hotel Jerome. So we have proceeded to take care of our housing problems regardless of any requirements that the government put on us at the time we approved this. We think that our showing of solving our problems ought to be taken into consideration when you look at these facts plus the fact that we have taken care of our own housing problems to a greater degree than any business in town. I would hope that you would see that we are reducing burdens on the suite being converted from an active suite to office space. We strongly object to the consideration that because we are asking for the suite to be converted to an office that the entrance to the hotel has to be discussed in this matter. We can't imagine that you can have a luxury hotel with the guests being dropped off at the back door. That is just not done anywhere in the world. If we want to kill the Hotel Jerome's economic viability, we certainly can do that by having us put the guests through the back door instead of through the front door. The front door of the Hotel Jerome is 100 years old and is entered by a high percentage of the people of this community for numerous activities daily and has been for 100 years. The guests have been arriving there and whenever there is a hotel in any community there is certainly a burden at the hotel's entrance places on the community. But we can't have guests coming through the back door to enter their hotel. So we think that would be an unreasonable request. There is a trash compactor inside the building. And we would like to put in another one voluntarily. But there, in fact, is one now. On the issue of the tea room being converted to an antique shop which we went through the city Council on please remember that the use of the tea room historically and in the first 3 years of operation was called "restaurant". A permitted code in the commercial district which this is zoned CC. Anyone who would think that the antique store has more impact than a restaurant we would have to go through a full presentation for them. An antique shop has 1 employee. The restaurant had 3 employees. The restaurant has continuous traffic at a much greater level than an antique shop. The antique shop is closed at 6: 00 at 4 PZM2/2l/89 night. The restaurant was open until the movies closed. So there is no comparison to what we have now compared to what we had for the last 3 years and incidentally what was there for the last 100 years save 3 months. Regarding the list as to what could be allowed in the future we think the word "variety store" should not be excluded because that easily could become a shop for razor blades and magazines and it would be appropriate as any hotel in the world has a variety shop. We don't have one there because the drugstore on the corner pretty much serves that need. But if they should ever close we would have to give serious consideration to serving the guest's needs as a variety store. In many of those stores they sell "Jerome T-shirts or other little forms of clothing. So the word "clothing" troubles us a little bit. That store had been a clothing store for a period of time as "Uriah Heeps" and they sold in there for a number of years. So it has been restaurant, clothing and now antique. We think we are lessening the intensity of use and the impact on the neighborhood by what we have already done. There is no question that there are 2 employees to every room and probably the suite has a higher level of employee attention than any other room in the hotel because it rents for twice as much money and the guests in that room demand a lot more attention. -~ Dick: We are asking for approval to use it for any office space we want to use it for. We feel as though legally we could use it for hotel offices without coming here. We are asking for in the future to have the perm-ission to use it for commercial office space. It happens to be going to be used for my office as long as I am there but that doesn't mean it won't be used for something else within the permitted use of commercial office space. I still think it is a lot less intense than a $600 a day suite. We are not adding 1,000sqft to the building. We are taking one of the highest uses in the building intensity and replacing it with what we consider to be a less intense use. Michael: Alan, we just changed the ordinance at the last meeting so that now when you come in for a PUD amendment you have got to comply with the current but that is not approved by city Council yet, is it? So under the application they are making they don't have to do that. Alan: The application they are making, they are not subject to that provision. They are subject to the change in use provisions of the code. 5 PZM2/2l/89 Andy Hecht: I am not sure that the calculations make sense. We have talked with Jim Adamski and we had discussed that an average hotel room is 325ft and we had 1,016ft divided by 325 is 3.13 times the. calculation in the hotel or tourist zone is .44 which is 1.38 employees. We are using only 861sqft of this for office. The bathrooms have other application in the hotel. They are not office. So it seems to me we are 85% of what we are required to do in the office zone with 3 employees per thousand feet. So if you take the percentage that we are going to use with 2.55 employees. If you take Roxanne's argument that we are using 2 employees per room at the hotel, I can't even conceive that we are generating more employees than we are trading in for. Roxanne: The code states that it is 3 and 1/2 to 5.25 employees in the CC zone district for 1,000sqft of net leasable. That is where the calculations were derived from--from the Housing Authority and the Planning Office. Andy: Well, even at that it is 2.98 employees and we are a room that is 3 times the size of a normal room and it is 2 employees per room which you conceded. Alan: If we give you credit for 2 employees per room, after 20 rooms we are going to be owing you employees. Andy: That is why it doesn't work. What we are saying is you had a hotel that had substantially more commercial space. There are no real impacts in this change of use. And Dick is supplying an enormous amount of employee housing around town Alan: Deed restricted employee housing? Andy: No. Real employee housing that is used. And I think that the problem is that we are trying to find a way to hit him with some employee housing requirements. And we are not really looking at what is fair. The argument is valid that what was approved originally was good then and it should be good now for the purpose of employee generation. Bruce: Without making a decision one way or another about whether the employee housing is generated or not--if you are already using the North Star as employee housing why not deed restrict 3 units? Andy: Then it would create a piece of real estate that has completely different value. It may remain employee housing for 6 PZM2/21/89 20 years but it doesn't mean that it is deed restricted in perpetuity. Dick: It is very simple. That real estate is something we are doing voluntarily. If you take and restrict it you are, in effect, taking $80,000 worth of real estate away from us. If you are going to charge me $80,000 to convert a suite to offices, obviously we are not going to convert it. It seems to us that we have performed over there from the very first day we bought Gillmore out and reduced the building and in good faith operate the building as the community expects. It is not an economically viable hotel by millions of dollars and then to come in here and ask just for an adjustment and be charged $80,000 for it seems terribly unreasonable. Bruce: Let me back up on the North star. Are there any units at the North star that are presently deed restricted? Dick: No. It is a piece of real estate that I own that I bought to house my employees. Bruce: If you sold that piece of real estate to somebody else in the future, wouldn't they have to provide employee housing units? I don't see how you are hurt. Andy: It 'is an existing development or existing building 'that would not have-- Bruce: No. It is a small lodge that has gone the way of the dinosaur. Andy: Right. Dick: The point is that if we were to sell the Jerome, we don't have to sell it with the North star. It is a piece of real estate I bought to house our employees because the original calculations of employee housing for hotels is wrong. The present calculations are wrong. Bruce: So the reason you don't want to deed restrict anything at the North star is that it might effect the value of a subsequent sale 20 years from now. Dick: It is just a penalty that I don't think is equitable to be paid because we just want to adjust a use. And if we are going to adjust the use let's use 800sqft which is the real office space here. Let's get credit for whatever--if they want to use the formula on hitting us with employee housing but they don't 7 PZM2/21/89 want to use the formula when giving us credits. whether you can go both ways like this. Welton opened the public hearing. I don't know There was no pUblic comment and he closed the pUblic hearing. Roger: I would like to see the re-calculation for the whole Hotel Jerome and see what net deficit we are working with with respect to the new conditions and the new formula. Andy: Roger, we can stipulate that it is way under--that we need more employee housing and we have been buying it. Roger: And it has been the attitude of this Commission that when there is an amendment to a PUD that we should look at it with the new conditions in mind. Mari: It has also been the attitude of the Commission to give incentives for any historical preservation to be viable. And if the Hotel Jerome is not considered one of our foremost historical renovations in the whole town and worthy of that type of consideration, I don't know what is. Andy: We want to deliver to the community what it really needs. And we have been doing that. And the North star is an example of .~- that. We are taking positions. And I don't think the community is really going to benefit by either result. The result that will benefit the community is the one that Dick is stimulated to provide more and more employee housing and he is not taking any away. The North star was an example of Dick not wanting to put the employees into the community without housing them. Jim: Maybe if the North star were to sell, displacing those existing employees would not really be Dick's legal responsibility. So we would actually be creating whole new set of new problems. Andy: Dick fully intends to keep as much employee housing attached to the Jerome as he can to maintain that. Michael: I am inclined to agree on the basis of what we are talking about. We are talking about 800ft here and we are talking about making a mistake for 1 employee and although in the total picture' every employee counts, I think there are other considerations in connection with the Jerome that kind of overshadow the fact that, you know, it is not like they are coming in and are looking to change the entire character of the hotel where we are talking about major numbers of people. 8 PZM2/21/89 The reason I asked my first question is if they were just looking to use it for office space for themselves I thought it was kind of silly that we were discussing it. I guess by the same token if they turn around and they rent it out to Andy for a law office there is going to be a few more employees in there but there were employees in there already. Andy: But no traffic--no clients. Michael: The basic thing you are talking about--maybe 1 employ. I don't know that on a proj ect like this that that is of such consequence that we should start being overly concerned about making an exaction. Jim: I have a tendency to a agree with that. But, Dick, if you decide not to use that for yourself and at some later date decide to use that space for a real estate office or something like that if the control that we have on a number of employees generated by that new business. You say for your own use you are talking about yourself, a secretary and someone else in the office and if your were to go ahead and lease that out we would have little control at a later date that they should decide to put in 1,000sqft and 6 people which would be generating more employees. Andy: We think that no matter what commercial use you put in there by your formula it is a net gain of 1.6 in that 860ft. Roger: We are still having to deal with the generic aspect of this. And that is that the application is to change that to commercial space. Now the fact that they want to occupy it themselves, that is very interesting. But that doesn't correct any problems. And the fact that Dick owns the North star Lodge and has employees, in there right now, that is very interesting but that hasn't solved any problem in the future either. As far as employee housing from a community sense there is not correction there. So if and when this is approved from a community point of view we have a problem with housing employees commensurate with the commercial aspect of that space. If this is an accessory office use then it. It shouldn't even be before us. application. Andy: We agree. What we are saying is that we think because it was approved with Commercial use in mind and that was the number that you required at that time that that has not changed. And the fact that analysis may have been wrong at that time doesn't mean that you have the right to change it on us. At the worst we I have no problem with But that isn't the 9 PZM2/21/89 are at 1.6 net gain if it were a commercial space for any commercial purpose. Jasmine: I think there are 2 issues here. One is, to my mind what we have to look at is what the Hotel Jerome is now--what it includes now and what this change in use is going to do in terms of changing conditions and the effect that it is going to have based on what exists at the present. And in that case I think we have a problem going to an office use because it is not an accessory office use to the hotel. I agree with all the other members of the Commission who state that if this was going to be solely an operations office for the hotel obviously there would be no problem. But it brings us to the second part of the problem which is that in many of these issues we have to rely upon the good faith of the applicant. But this particular applicant is not necessarily always going to be the owner or the controller of this property. And I have to say I commend the applicant for having bought the North star Lodge and for using it as employee housing. But again that is just dependent on his own personal good will and his desire to do something for the community. If and when he leaves the community, sells the property or something else happens we have no control over the property. We are not trying to control the applicant, we are trying to control the property. I think our emphasis has to be in these situations is to limit the uses and to mitigate the effect on the properties in question. That is why I feel very strongly that we have to take a look at what happens if and when. At some point this office space could be rented by anybody who could do whatever they want with it and we would have no control over it. Dick would have no control over it. I think we have the responsibility to take that into consideration in our mitigations. Same thing with the employee housing whether it is at the North star or anyplace else. Whatever method is used to calculate however many employees are necessary, there has to be some kind of deed restriction that is placed on the property. And I think that there is a change in use going to office space and a potential even greater in terms of employees that might be used in that space. Andy: But if you say, employees per hotel room now and it is getting us for that? and we would concede that there are 2 and that is the basis of this discussion all in trouble. Why don't we get credit Welton: I know it seems like the you are caught in a catch 22 by what you are. That is the way the code is written right now and that is the only way that we can deal with it. When there is a 10 -~,-~~.....,- PZM2/2l/89 change in use from one use to another use it doesn't matter what the previous use was, the new use has to as if it is competing under growth management it has to reach certain thresholds in order to be permitted. You are exempted because it is historic. But it is treated as if it is going through GMP and you have to provide 60% of the employee-- Andy: But we get credit for what we are-- Butera: In a catch 22 like this I agree with you. But Jasmine referred to good faith. Maybe that is what we are saying here. We took out 13,000ft as commercial voluntarily in good faith. We didn't ask to reduce the 19. The 19 was there with Gillmore. We dealt in good faith. We didn't say "Hold 3,000 in case we are making a mistake here and we need to come back for the economic viability of this building". We didn't say that. We dealt in good faith. We are, saying to you we dealt in good faith. We have delivered in good faith. We are asking you to consider good faith in saying "It is not a big deal". There is certainly offsets here technically. But we already reduced the building by 25% and didn't hold anybody hostage or any employee housing units hostage when we did that. What we are saying now is there is a little minor 800sqft adjustment. Can we adjust it in good faith. If you don't feel that way then we won't do it. It is just that simple. Michael: We have talked about community benefit. I certainly think that the community benefits from the Jerome. The Jerome makes Aspen viable. It certainly picked up the victorian thing that we want for our town. They spent a lot of money to enhance it. And I think we can talk about a change in use. It is one thing if they came and said they want to change the Jerome Hotel into a factory or something. We are talking about 800sqft here. And I think there are enough other benefits that the community is deriving that I don't know that we have to get into a heavy battle over the one employee that we are talking about. To a degree I am concerned about the fact that they could change that office that Dick and 2 secretaries are in into a commercial office space. But I think the reality of it is that it is always going to be by virtue of where it is somehow an accessory use to the hotel. I can't imagine that accountants are ever going to go in there or lawyers are ever going to go in there or it became a real estate office. " Whatever might go in there will have source of business as opposed to basically I am comfortable approving minor application. to draw from the hotel as a the general public. So it. I think it is really a 11 PZM2/21/89 Welton: Mickey, I would like to approve it. And I would like to approve it based on the applicant's logic. But, Alan, is there a way of approving it? Is the portion of the code that talks about change in use and exemptions from GMQS--can that be waived? Can that be a trade for the employees that are there now for the employees that might be there in the future? Alan: You have got to make a finding that the employee housing requirements have been mitigated. If you determine that the existing development compared to a new one it is a negligible impact you can do that. The trade-off is certainly there. But so much now that employee housing has been provided at 2 per room to give credit 2 per room. Mari: A suite has 2 rooms doesn't it? So you could make the argument that it is a lessening of the impacts. Michael: That 2.2 employees per room is not the code. It is just something that Dick once said. It may well be true but it is still not the code. , Alan: The code is going to tell you credit it anywhere from .2 to .4 per room which obviously doesn't represent the service level that is being provided in the hotel. Michael: But it is the code. We can't deal with what we think it should be. We have to go by what the code says. .# Mari: The other thing that I think we should consider is the fact that the office space is a permitted use in the CC zone. And I don't know why a PUD would restrict the use. In most cases PUDs expand use. Andy: You can make the finding that changing this use has a negligible impact. And that is the truth. It does not have the employee generating impact. And that is what we are asking you to find. MOTION Michael: I make a motion that we approve the application and find that the change in the employee generation is negligible. I would like to leave it to be where the CC zone is what the underlying zone is there anyway. Bruce seconded the motion. Roger: When are we going to address the existing situation which 12 PZM2/21/89 is not up to the representations of the original PUD? going to address that? Michael: No. If it is a representation of the PUD that they can enforce then they should go out and enforce it. I don't think we have to do anything about it. I am not sure that it makes any sense to tell them to drop people off at the back of the hotel. I think it would make sense to ask them not to park vans in front of the hotel. The reality of it is that they are a hotel and they have to function as a hotel. ' Are you Roger: That I don't disagree with you with. My problem is that the representations during the original PUD was that they were going to police the front of the hotel and that was just basically going to be for drop-off. I have seen fairly long-term parking of Aspen Club van which I assume is also the Hotel Jerome van and things like that and it is time to get them to comply. And now is one of the times to do it. Michael: I agree but I don't know how we can make them do that. I think they have already agreed to do that. But if the City isn't forcing them to do it I don't know what more we can do. '. Alan: On the use list. I am really disturbed that a use list is the CC zone use list. The representation in the application that was made in 1985 was that this would be a quiet corner. Because of the significant addition to the Hotel Jerome we all recognized that the impacts of principle commercial needed to be kept down. So what you are saying here now is that all of the commercial space in the Hotel Jerome with this addition to the PUD can change within the uses allowed in the CC zone. Which means that clothing stores, financial institutions, record stores, professional offices can come back into here. ........ Think about it. That corner is terribly busy. It cannot handle just the impacts of the hotel. I plead with you not to add principle commercial uses to that corner. It is a terrible mistake. If you are considering it, I suggest to you that you do not give me the authority to sign off on it because I will have to take it to city Council. That is a substantial change to the PUD. Michael: But, allowing them an commercial use. Alan, didn't you sign off antique store to be there? on it already by That is a principle Alan: No. It is accessory and that argument was reasonable. Dick: Is restaurant? there any use that would bother you more than a We were approved and we had a restaurant there. We 13 PZM2/21/89 were approved for it when we came in and that is what you approved. We have reduced the intensity from restaurant to antique or restaurant to variety. You can't argue that there is any greater use of space in this town than a restaurant. It generates more employees, more traffic, longer hours than any business I know. And that is what it was approved for and is, in fact, approved for. We have reduced it to a quiet antique shop or a quiet variety shop maybe. Alan: It continues to be my opinion that the representation was uses accessory to the hotel. The record is terrible when it comes to enforcing that. It is my belief that we talked about these uses being accessory and not being the principle uses. Welton: I could support your first motion but the addition of the entire CC to the PUD seems a little rash and needs more consideration and I would not support the motion with that issue. Mari: Can we do that with a separate motion. Michael: Do you have a problem with eliminating record stores? Or a hobby shop? Or a shoe store? " Andy: We know the intent is to have a quiet corner. It was approved for a restaurant which is not a quiet use. And it is tough for you even to analyze what is quiet? Dick: I think the greatest policing factor you have is we have got 26 million dollars invested in this and if we are going to put some screwy record store on the corner of a 26 million dollar investment we really have a mental problem. It just doesn't make good sense. .. Michael: I will do it either way. Either make it a separate motion or eliminate hobby, record, shoe store. Bruce: shop. variety store. They have got that covered with gift Variety store is Wall Mart. So does sporting goods store. I go along with the Planning Office's recommendation other than professional offices. I go along with everything the Planning Office recommended to eliminate from the list of uses--- Jim: Are you saying professional offices are approved for this space or not permitted? Michael: Permitted. , 14 Roger: I WOUld like t a~e sUPPOSedly ell' I 0 Se~ lIst. III ~ I PZM2/21/89 Roger: I would like to see the end use list here--I know what we are supposedly eliminating but I don't know what we have on the list. Mari: Right here on page 4. (attached in record) Roll call vote: Bruce, yes, Michael, yes, Jim, yes, Mari, yes, Roger, no, Jasmine, no, Welton, yes. HISTORIC LANDMARKS GMOS EXEMPTION CODE AMENDMENT Welton opened the public hearing and continued the public hearing until March 7, 1989. ZONING OF ANNEXATION AREAS LONE PINE, WILLIAMS ADDITION, LAURISKI PARCEL,0015 HARBOR LANE PUBLIC HEARING Cindy Houben made presentation as attached in record. At the last meeting the Planning Office had recommended an RMF zone district for the Williams Addition. And after the meeting with the Planning commission there was direction to take a look at allowing duplexes on Lots of 7,500sqft as well as looking at the setbacks. The setbacks were a specific problem for the Williams Addition. We came up with what we call the R-6A zone district except that it allows duplexes on 7,500sqft lots and did a new sliding scale starting with 10ft side yard setbacks which address some of the concerns for the setback to the south so that they could take advantage of the southern exposure. There is another option which is just to go ahead and amend the existing R-6 zone district which allows now on a parcel of 8,000sqft that was created before April of 1975 a duplex on 8,000sqft. So what we would be doing is changing that by 500sqft and amending the existing R-6 zone district with that condition. The side yard setbacks in the R-6 option is ignored in that we feel that you have the ability under the R-6 now you have to have a maximum of 15 total feet for your side yard. So you have the ability if you wish to go ahead and place your house 10 back on the southern side. Roger: I disagree with going to the R-6. # 1 that means on 15,000sqft you could put 2 duplexes instead of a duplex and a house. 15 PZM2/21/89 Cindy: Not unless it was created prior to April of 1975. That would still be the regulation. It would not allow you to come in with a new subdivision. Welton: You could do a lot split with a duplex on 1 and a single family on the other. You couldn't do 2 duplexes without going through GMP. But the critical thing to me is that in the west end there are more 7,500sqft lots than you really can imagine. Cindy: Then the R-6A would work better. Jasmine: One of the things I thought that was attractive about R-6A was that it recognized this is a very special area and that it has because of the way the lots are laid out and because of the kind of development that has been there traditionally, that it is not like any other parcel in town. I think it is deserving of its own little district. Welton opened the public hearing. " Ward Hollenstein: I feel personally would be better. fallen into the cracks that and 7,500sqft parcel. that the R-6A would be for us We are one of those people who has you are talking about between 8,000 .. Bob Kopf, represent the owners of some property over there: I have been around here for about 40 years and everybody says that Williams Addition is a special place and we have got to preserve it. And you see how it is preserved. We have got high density and traffic all around us. And we feel, I think most of the owners over there feel like we ought to be entitled to pretty high density too because there is a couple of factors. It is unique in that I don't think anybody over there is going to try to build a tremendous high rise or anything like that. And even if somebody did build one it wouldn't hurt the district. People who live there kind of want to keep it like it is. In case somebody there has to sell, they want an honest price for it. I think they should have the highest density possible or compared to what else is around there. The centennial, The Lone Pine, The trailer court, the whole works. I think it should be a neat little spot. It can't be a unique little spot any more. It is surrounded by all this. Dan Lauriski: I agree whole heartedly with Bob. Several years ago, yes, that area was very unique. Anymore it is not with the high density over there. There are over 600 units in that area alone. You surely should know that. The trailer court, Hunter Creek, Centennial. That is just a small portion. The larger portion of the building that has been done over there--some of it 16 PZM2/21/89 has taken the brunt of that to the City and through the County as to what they have done to us over the past years. They have also, the city when they took the trailer park in, let Lipkins put 17 units back there. They moved in 17 mobile units back there in a very extremely small area. Then you turn around and say "You guys can't do this. We are going to give you R-6A". Well, I want the maximum I can do. That is not saying I am going to put it on the market or put 8 units on my property. That probably won't happen. But I think that I should have that option to do that if it comes about. I have been there an awful long time and have seen what the government entities in this community has done to that very unique place which it was at one time. And I think that we ought to have that option. I don't think that we ought to be R-6A. I think we should have the maximum that we can possibly get on it just for the simple reason we should be able to do with our property what everybody else has done around us. Bill Dunaway: As the owner of a duplex in the area I would like to remind the Commission that this is supposed to increase density. That is part of the annexation plan. These people are zoned R-15 now I think and by giving the R-6A zoning you do increase the density. But I certainly would not like to see more apartment houses there and even if the current owners don't plan on building apartment houses they may sell and the new owners would certainly want to build apartment houses. And frankly there are plenty of apartment houses there now. So that the property owners shouldn't be penalized more for the fact that some apartment houses have already been permitted. You don't want to compound mistakes by more mistakes. Carl Wright: I have worked there for 20 years in the Williams Addition. I am more for the R-6A to keep it more of a residential area. If it does get bigger, we already have enough traffic. You go down Gibson and onto Mill Street and what with the new parking garage, library and everything else you are going to have more traffic, more people down there and I don't think we are really gaining anything. I would just as soon it stay a residential area. Ella Skufka: I agree with Bob and Stan Lauriski here. Everything around us is high density. Well, I don't think that our small spot should--I think we should have it too. And I have a 7,500sqft lot and I could have a duplex there and then I have my house next to it but I don't think I could have a duplex on there because it is just part of the 15,000sqft too. Could that be done? A duplex where my house is? " 17 PZM2/21/89 Welton: If it is on a 3,500sqft lot with the R-6A it could have a duplex on it. Mick Bennet: I also live in the Williams Addition. I just want to go on record as being for R-6A. I would like to see things stay more or less as they are. Jon Busch: Williams Addition is a buffer in away. It is a small single family local oriented neighborhood. And I feel it is really an anchor in the community which is surrounded by high density, a lot of rental units, a lot of absentee owners and I think if you look at the whole area what you really see is a very high density with very little open space. And in fact the greatest openness in the area is in the Williams Addition. So I really feel it is important to maintain that. As Bill Dunaway already says you are already giving most of the Williams Addition homeowners a windfall by allowing duplexes on 7,500sqft lots. Most of the owners who have spoken today in favor of the higher density zoning will already do very well under R-6A. I would.also like to support the Planning Office recommendation that Stan Lauriski's lots also be zoned in the R-6A. If you look at your maps and if you think about the neighborhood over there you will note that Gibson Avenue from the top of the hill all the way to Park Circle is single family homes. Even in that small area where the trailer court borders Gibson only 2 trailers are seen and they are both very far set back from the road. The homes for the most part are single family, small homes and when you drive down the road you don't see the trailer court, you don't in fact even see Centennial. To drive down Gibson Avenue is to still be in a small residential character neighborhood. By taking a chunk out of the middle of that and allowing RMF condominiums to go in it breaks up that continuity and also further isolates Williams Addition by locking it into a whole circle of high density. So I do urge you Planning Office. gets something out to approve the I think it is of it. current recommendation of the a good compromise. Everybody Minnie Considine: I am for R-6A. Lauriski: Has the Griffith or Max Bond? commission received a letter from Angie If so would they be read into the record. 18 PZM2/21/89 cindy: I believe those were in our last packet. And they both expressed RMF zone district as the most appropriate. Welton asked if there was any further public comment. There was none and he closed the public hearing. Roger: On the R-6A regarding accessory buildings: And I understand this was carried over from the R-6. Maximum height on accessory building 21ft on the front 2/3 of the lot, 12ft on the rear 1/3 of the lot. My only comment about that is that in the Williams Addition it is hard to figure out which is the front and which is the rear end of the lot. I was also wondering how we came up with 21ft on the front and 12 on the rear. I think we should discuss this as to how it applies to the Williams Addition. Tom: I talked to Alan about that and we don't recall the specific reason for that. Welton: When you are talking about setbacks for a corner lot it is up to the property owner to determine which is the front and which is the side. The same thing I think would be applicable here and they could choose themselves whether this is the front or this is the back. It is not up to the City to say which is which. When there are streets on both sides then it is up to the owner to determine. Tom: We might just want to consider just pulling that. Jim: I think that Welton's solution is going to solve the problem. There is a very small number of lots that have the problem and I think we can leave it up to the owners to make the decision. MOTION, Welton: I would entertain a motion to adopt the R-6A zoning designation for Williams Addition and the Lauriski parcel. Roger: I so move. Jim seconded the motion. Discussion. Michael: I am going to support the motion and I think it is certainly appropriate because I think under the guidelines of what we are supposed to do in re-zoning is to make sure that the property matches pretty well. But I think that particularly Mr. 19 PZM2/2l/89 Lauriski is concerned that his property may well be the kind of property that would be an appropriate subject for zoning change. And I think that if we were considering a zoning change where the criteria is different and the surrounding neighborhood is a part on it that it may well be appropriate that that shouldn't be 6A but for purpose that what we are doing here today I think that whole area should be 6A so that it is compatible now with the City with what it was in the County. Jim: I still say that the Lauriski property that it would be appropriate at a different time for a zoning change. Also I have just a clarification--if we have 2 7,500sqft lots in 6A and they were to merge, they would still be required to go through GMP process for them to put 2 duplexes on each site? cindy: The way that it reads is that you have to have had a 7,500sqft lot as of April 25 of 1975 to qualify for duplex on 7,500sqft. So ;you can't go out and create new lots. Jim: You can do lot splits. You can still request a lot split. If you want to go for 2 duplexes you have to go through GMP. Then I support this. cindy: I wouldn't say that the second lot could ever have a second unit on it because it was a lot that was created after April 25, 1975. Roger: I just want to point out also that one of the major differences between R-6A and R-6 is the minimum side yard setback and that is in response to the orientation of the Williams Addition. Just for the record. All voted in favor of the motion. LONE PINE/HUNTER LONGHOUSE cindy Houben: Made presentation as per attached. Jim: I think that the incremental changes from the 3 acre parcels down to the 18 acre parcels are reasonable. They represent 3 one hundredths of a percentage change. The one from 27,000sqft to 27,001 represents almost a 70% change. Could we be more equitable if we did something on a sliding scale up to the 3 acre point? Tom: We have tried the sliding scale and it really got--in order to make Hunter Longhouse and Hunter Creek conforming you then had a huge build-out potential for Lone pine and Centennial. What you are saying is a little different. You are saying only do the sliding scale up to an acre or 3 acres. 20 PZM2/21/89 Jim: To the 3 acre point at which point a reasonable incremental change to go 3 one hundredths of a percentage and decreasing the FAR buildout. What you have got is over 70% or 64% increase or depreciation of buildout in 1 foot change. Welton: I agree with you the sliding scale is in general more equitable but this we are looking at 2 real world examples and they will be the only 2 real world RMFA tracts. And I don't think we need to design this for all possibilities. But if it works for those 2 parcels then fine. There is no such thing as RMFA yet and these are the only 2 RMFAs in existence. Jim: There could be subdivision of those parcels that exist. Tom: Our concerns with that stepped FAR scale was that someone would come in a try to take advantage of smaller lots sizes and subdividing of a larger parcel to a less than 27, OOOsqft lots. That is why the disclaimer at the very beginning is there. We tried making a sliding scale work because that is the most equitable but then Lone pine would be able to double their floor area and Centennial would be able to add a couple of hundred thousand square feet. It just didn't work. Cindy: So we thought we could take care of it through the subdivision process. Tom: The Hunter Longhouse site was about 75, OOOsqft. So the sliding scale up to 3 acres is still skewed. And the Lone pine Hunter Longhouse dilemma is still there. Jim: What are you going to use for rational when anything does come in for subdivisi~ process? You still have to have something going. If someone comes in with a subdivision under 3 acres and the sliding scale that you came up with doesn't work, what are we going to use for a basis of decision at the subdivision process? Tom: It looks like they will just try to manipulate the process to maximize the--I don't have a good answer for you. Jasmine: I think you have done a very heroic job on all of this. I know you can't anticipate everything but I think Jim's point is very accurate because whenever we don't do something by the time it starts happening we are already up to our armpits in it and helpless. And I think we have to start addressing that now. Roger: What right now fits into the 0 to 27, OOOsqft as far as developments over there? 21 PZM2/2l/89 cindy: That we are proposing in the zone district--none. Bruce: Well, why don't you change the minimum lot size to 27,000sqft in the RMFA. That would keep somebody from splitting off a piece. Welton: That is a very good idea. That is inspired. Welton: Does anybody have a problem with that approach? cindy: There is nothing smaller than that. Welton opened the public hearing. Mark Freedberg: I own property along Red Mountain Road next to the Rio Grande Trail and all of that respective property are in excess of 30,000sqft. When Ron Mitchell first had a meeting to discuss the annexation we all three of us told him that we didn't want to be piecemeal annexed because the Lone Pine/Hunter Longhouse, Hunter Creek Area is so dissimilar for (much noise here) fell on deaf ears and the lines were subsequently drawn by Jim Breasted to include our properties in this area. We have not been given as yet a logical explanation for why the line was not drawn along Red Mountain Road because the Hunter/Longhouse RMF area is an area that is nothing like ours. Our concerns are that we do not want to see any increased density at all. The R-15 zone and our very rural kind of feeling certainly does not lend itself to that and we would not want to see the opportunity for a duplex spelled out on that property. So our first point is that we want to go on record again as being opposed to being included in this annexation because we feel it was ill conceived and we were just basically overlooked and ignored and basically slipped through the cracks when the lines were drawn. Secondly if we are going to be annexed because of the way this annexation is being constructed where we don't really have opportunities of objections we want to make sure that whatever zoning is given to that property below Red Mountain Road which is the Rowlins property, Skully property and Freedberg property that we get some special designation that prevents that property from being duplexed and that it can only have single family zoned. Cindy: Mark and I have had several discussions and including our suggestion that this be an R-30 PUD area which is 30, OOOsqft minimum lot size vs. the 15,000sqft. Although the R-30 does allow duplexes to occur in that zone district as the R-30 reads now. So it takes care of one concern however duplexes are allowed in the R-30. .. 22 PZM2/2l/89 Welton: How about R-30A? That is what happened when R-15A was created in order not to generate large scale duplex structures in an east end annexation. So I think that would be entirely appropriate when the time comes for your property. Mark: I agree. Whatever it takes we will make sure that there is an upzoning and development for potential users which we feel obviously is in conflict that the City ought to see anyway. So if you would attach the A, but I would like to know from the Planning and Zoning Commission, am I right in saying that if this comes that there is nothing that we can do physically to get the line redrawn so that it does go along Red Mountain Road and not have this peculiar inclusion which really doesn't have any logic to it whatsoever. Michael: Mark, what is the problem if we correctly zone it--I mean if you were just annexed with this group as opposed to the next one? Mark: We just feel that service wise having that little island down below there it really logistically doesn't make a lot of sense in terms of the City and the County performing the services for that area. So being annexed with Pitkin Green makes much more sense. Then the whole area will get the City services simultaneously. Michael: I agree. But I don't know how that logic works with the annexation process and I don't understand that you should think it is better to be annexed than not annexed. Tom: It is really a mute point because the citizens have brought forward a petition that includes this area. And whether we include it now or in 3 weeks it is going to happen. So we have got to deal with the zoning issue. Welton: However that group of people want it zoned it will quite likely end up being custom designed to fit them. Welton asked if there was any further public comment. There was none and he closed the public hearing. MOTION Welton: I would entertain a motion to zone the Lone Pine/Hunter Longhouse area RMFA with the amendment that the minimum lot size is 27,001 square feet. Jasmine: I so move. 23 PZM2/21/89 Roger: zoning. Isn't the R-15A essentially the same as the County cindy: The R-15 is essentially the same as the R-15 in the County lot size. The reason I went to the Odene parcel in a different light than Mark's area is because that parcel has already gone through subdivision. It has already gone through the County process for a lot split to create a smaller parcel. Roger: So there is no effective up zoning by making it R-15 as opposed to R-15A. Cindy: Right. Welton: Would you amend your motion to include R-15 PUD for the Odene parcel and for R-30A PUD for the parcel south of the Red Mountain Road. Roger: parcel Road. That amended motion is to include R-15 PUD for the O'Dane and for R-30A PUD for the parcel south of the Red Mountain Cindy: And the change for the R-30A is ? Roger: Right. Bruce seconded the motion with all in favor. HARBOR LANE Welton opened the public hearing. Tom Baker: The staff is recommending R-15A PUD in that area. (attached in record.) Jim: We have 25ft setback in front and 20ft setback in back. 10ft side setbacks. 4,400sqft lot. Tom: I believe this is 6,000. The Alterfor parcel is 4,400sqft. Jim: But don't the setbacks apply to that also? If he ever wanted to do anything he would have to meet the existing--the new code requirements for setback. otherwise he would be non- conforming. But if he ever wanted to add to that home he would have to meet existing setbacks or he would be a non-conforming unit and wouldn't be allowed to increase. So it goes to the point of which you have to take the smallest lot the existing 4,400sqft and the setbacks at 10 on both sides and 25 front 20 in the back would apply if he ever wanted to do any increase in that 24 PZM2/21/89 building. This means you have got a pretty small area to build a house on. Tom: It was our responsibility to preserve the zoning patterns and riparian zone. Roger Kerr: Along the lines of the lot being restricted, you have got the Castle Creek stream Margin to maintain there too. So we are left with about a 25ft wide strip of land. Someone said 25 by 50. Roger Kerr: What there is now is about 7 and 1/2 foot existing side yard. With the R-6 he would be allowed to build a second story addition to follow the existing building line. Jim: That would be increasing a non-conforming use. Roger: Not if it is R-6. discussion about R-6 vs. preferable to go to R-6. Jim: What the Planning Department is saying is R-15 which would be a 10, 10, 25 and 20. And what you are saying would be 5ft on one side. Which by doing that house buildable, if you want to make that house conforming #1 you are already creating a non- conforming structure already. R-6 allows a 5ft. There was some R-15. The R-15 is acceptable but is Tom: Not creating. It is already non-conforming. Jim: You are increasing a non-conforming as a matter of fact because of the great restrictions. Welton: I agree with Jim that there not enough land left over after you take the setbacks out to build what you are allowed under the FAR and zoning it R-6 fits the--it doesn't exacerbate the side yard situation and creates a conforming lot. Cindy: But do you want to encourage the R-6 zone district in that area where you have a minimum of 6,000sqft lots. I guess my opinion is that the applicant in this case if it is really a hardship that is created by the zoning because of the restrictions that you have with the stream and your easement from your road on the other side, that is a perfect Board of Adjustment case. (Cindy said more here but I couldn't hear what she was saying through the laughter) Welton: is RMF. hardship To the north of it there is some R-6. To the east of it To the west of it is R-15 and below is R-15. The is created meeting the R-15 setbacks on a lot that 25 PZM2/21/89 small. I can't see that this would let a stampede out to rezone the valley bottom-- Roger Hunt: Assuming that this is all annexed, then there is the piece under the bridge that is still in the County. Is that legal to completely surround .land without annexing? Tom: They are surrounded now. That L shaped piece. annex them if it is less than------- We could MOTION Michael: I move that we zone this R-6. Jim: Are you talking specifically about the Alterfor property or Harbor Lane? Michael: The Harbor Lane. Welton: Just one 6,000sqft lot--zone, it R-6. Jim seconded the motion. Roll Call vote: Bruce, no, Michael, yes, Jim, yes, Mari, no, Roger, no, Jasmine, no, Welton, yes. Motion fails 4 to 3. MOTION Jasmine: I move that we accept the Planning Office recommendation on zoning 0015 Harbor Lane to R-15A PUD. ; Mari seconded the motion. Roll Call vote: Bruce, yes, Michael, no, Jim, no, Mari, yes, Roger, no, Jasmine, yes, Welton, no. Motion fails 4 to 3. Welton: Roger, would you give us an explanation for putting us in parliamentary hell? Roger: I don't like either solution. Welton: Then come up with a solution we can get 4 votes on. 26 ,...~---~-.,"~._~,~-~;-">< PZM2/21/89 MOTION Roger: I move to zone this parcel in question R-15C being all the parameters of an R-15 with the exception that one side yard can be a minimum of 7 and 1/2 feet. Jim: That means that the other one has to be 12 and 1/2? Welton: Which is fine because it is in the river. Jim seconded the motion. Roll call vote: Bruce, no, Michael, yes, Jim, yes, Mari, no, Roger, yes, Jasmine, no, Welton, yes. Motion Bruce: cindy: Roger: Welton finally carried. Do you mean to include the pun after the R-15C? It is on the river. Ok. Yes. PUD. Yes that was intended in the motion. closed the public hearing. AFFORDABLE HOUSING ZONE DISTRICT Tom: What staff would like to do is get input from P&Z tonight to see if there is any interest to pursue this affordable housing zone district. Presentation as attached in record. Jim: What you are suggesting then is a open non-applied at this time zone district that someone who had a project in an existing zone district who wanted to create an affordable housing project would come and request an overlay of this? Welton: A rezoning. Tom: For example if you owned a 20,000sqft parcel and it has a single family unit on it somewhere in town. And I needed to do more than just a single family unit to make it work. Say it is an R-15 zone. If we had this zone district he could come in and propose 3 units on that parcel--100% affordable and we would then have that mechanism to allow that to happen. That is not the RMF zone. It doesn't have free market influence and perhaps the potential impacts of upzoning requests because of the RMF zone. Bill Dunaway: I have one very serious objection to include middle income when you are talking about affordable housing. Middle income guidelines really are not affordable by most employees. If you are going to start giving them special zoning for affordable housing which in essence is employee housing I think we should just limit it to low and moderate income levels. I feel strongly about that. 27 PZM2/21/89 Jim Adamski: Dunaway and I have had this argument since I came to town. Our middle class is our middle income people. They need housing that they can afford. And we are striving to hit the low end of it and the upper end. We have a number of units in $1,100 of which are in that moderate income category. Bill is absolutely right. We have to hit the low income end of it. But the middle income is also needed. What we are talking about are people making around $60,000 a year. A 2-income family can't even exist in this community much less live decently for much, much less than $50,000. So I am against Bill's recommendation. Michael: I understand Bill's recommendation but I am against it also. But I would like to see if maybe we could work on where you would have a mix. The other point I wanted to make was back in line with what Jim was talking about making a jump of 27,000sqft where you can make units of one size and if you go to 27, 001ft you have got a greatly reduced dimension requirements. I don't know whether it would be appropriate to have some kind of sliding scale so we don't penalize somebody who has got a 28,000sqft. Tom: I think the FAR thing can be looked at again. Jim: I don't think we are going to have these real large acre parcels in the city. And so if we went down to the 3 to 6 acres at your maximum I think then you can work on a sliding scale that wouldn't be too exacerbating. I would like to support the Planning Office's efforts in doing this and encourage them to work on these same guidelines and come up with a sliding scale for multi-family that seems reasonable and to put in a stipulation or contingency that would allow special review for projects to at least get into the process. Michael: I would like to see this go forward too but I don't think that restricting it--if it is a public piece of land that the Housing Authority owns. They don't have to restrict it but if it is up to the private developer who comes in and says "I want to go ahead and get this density bonus and build enough units for my employees" then it is certainly going to benefit us. As long they are deed restricted it can never come up and we are never going to hurt from it. Any employee unit is going to be helpful. I think making a mix of all of them certainly makes the project more attractive to the neighbors, for the people who live there. It makes a community that way. If you make it all low cost 28 PZM2/21/89 housing, it is something the neighbors are going to fight and nobody is going to end up wanting to live in it. Jasmine: I agree with Mickey. This is one of the problems that I have had because one of the first projects that I ever saw when I got onto P&Z was a project of employee housing where you had to be making $50,000 a year to afford these units because they were all moderate. What is the point of having employee housing that no employee can afford? I think that you do need to have some kind of mix. It is more palatable socially for the people in the proj ect and also the neighbors. I think that tends to diminish the opposition to these projects and tends to mitigate the back yard syndrome. I know that costs have gone up tremendously. And I know that wages haven't. And I am not sure that we have any accurate information currently about what wage levels are. The people who were making $7 an hour 5 years ago are still making $7 an hour. If you own a small business you can't pay somebody $20 an hour to come in and sell sunglasses. I think we need more information about the actual wage structure in this town so we can make a better judgment about what the income levels are and what is needed. That is the information we don't have. Bill Dunaway: I don't think anybody is going to build affordable housing unless they can house some of their own employees. Welton: I would entertain a motion to direct the Planning Office to set a public hearing regarding Affordable Housing Zone District. Roger: Concerning the mix: As much as I prefer the lower income housing, which tends to be my preference, what the mix does is allow the average density of the property to be reduced. MOTION Roger: I will so move Mari seconded the motion Meeting was adjourned. with all in favor. Time was 7:00pm. 29