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HomeMy WebLinkAboutminutes.apz.19890919 ~ PLANNING AND ZONING COMMISSION SEPTEMBER 19. 1989 Chairman Welton Anderson called the meeting to order at 4:30 p.m. with members Compton, Means, Kerr, Herron, Hunt and Tygre present. Mari peyton was excused. COMMISSIONER COMMENTS 1. Welton Anderson said the Board has been asked to have several meetings on the highway alignment. Tom Baker, planning office, suggested P & Z schedule October 26 for the highway EIS. 2. Jasmine Tygre said she has been getting a lot of negative comments from the public about the decision on the bubble at the Aspen Club. Ms. Tygre said this applicant never came before P & Z. Baker said the Aspen Club asked for an interpretation from the planning staff. Baker reminded P & Z when the Aspen Club origin- ally took the bubble down, they got a 6700 square foot credit. They used 2500 of that for the sports medicine center. They are now short square footage to replace the bubble. Baker told P & Z his original interpretation was that the Aspen Club would have to compete in the GMP. Baker said Amy Margerum, planning director, is trying to work out something with the amount of credit they have and how that would apply to a number of days in the year. Ms. Tygre said a temporary structure is a different situation and is only allowing a use that is already there in the summer to have winter use. Baker agreed staff should look at temporary structures within the GMP. 3. Roger Hunt said at the last Council meeting they decided to stop all curb and gutter work in town until a comprehensive plan is brought forward. Hunt said there is a temporary hold on the curb and gutter at Hopkins and West End, the Mountain House, which was part of their GMQS process. Hunt said the reason for the curb and gutter was to reduce some impacts on the neighborhoods. Hunt said he would like P & Z to send a resolution to Council indicating they feel the curb and gutter is an essential part of the Mountain House's GMQS. Hunt moved to request planning office to draft a resolution for Council concerning the curb and gutter around the Mountain House lodge; seconded by Ms. Tygre. All in favor, motion carried; Anderson abstained. 4. Graeme Means said in applying for a conditional use for an affordable housing unit in a residential zone as allowed in Ordinance #47, he found the notice requirements were to notify property owners within 300 feet. Means said in some uses this may be appropriate but questioned whether it is appropriate for one unit in a residential zone. Anderson agreed it is onerous to get the names and addresses for property owners within 300 feet. Baker reminded the Board there was a lot of concern initially about 1 PLANNING AND ZONING COMMISSION SEPTEMBER 19. 1989 increased density. The accessory unit fit better in the condi- tional use category because it has impacts over and above what might typically be expected. Baker said all conditional uses should be noticed the same, otherwise it is too confusing. P & Z may look at moving this out of conditional uses in the reassessment of affordable housing. Anderson suggested there might be two different types of condi- tional uses. There used to be a method where only the adjacent property owners were notified for one type of conditional use. Anderson said there may be some cases other than accessory dwelling units where a more limited notice requirements make sense. Baker agreed there might be two levels of notification. Ms. Tygre said if it is going to be such a hassle to put in one accessory dwelling unit, people may not do it. Ms. Tygre suggested maybe one accessory dwelling unit could be allowed as a permitted use. Hunt agreed for this type of conditional use the notice requirements could be the adjacent property owners. 5. Amy Margerum, planning director, told the Board there is a conference this Thursday and Friday at Copper Mountain about planning and planning commissions. On Friday there is a session on resort community issues. MINUTES Ms. Tygre moved to approve the minutes of September 5, 1989; seconded by Hunt. All in favor, motion carried. AFFORDABLE HOUSING OVERLAY Anderson tabled this item until October 17. THAI KITCHEN CONDITIONAL USE REVIEW Anderson opened the public hearing. Leslie Lamont, planning office, said this application is for a restaurant in the C-1 zone. There is currently a food establish- ment in this space operating at breakfast and lunch. The applica- tion for the Thai Kitchen is for lunch and dinner. Ms. Lamont said staff felt this was a significant change in the operation of this space. Given the concern of restaurants in the C-1 zone, the P & Z should have a chance to review the application. Ms. Lamont said there will be no expansion of space except for an addition of a bathroom. Doug Allen, representing the applicant, said the current use is also approved for dinner, which they have not operated. Allen said 2 PLANNING AND ZONING COMMISSION SEPTEMBER 19. 1989 there are two restrooms available and another will be added. There was a comment from the environmental health department about cooking odors. Allen said Thai cooking does not put out the odors that Chinese cooking does. Allen said the applicants would have no objections to an emissions control device if other restaurants are required to install them. Allen said the applicants are trying to keep the prices as low as possible. Anderson pointed out the emission control device would only be required if there is a problem. Hunt said he supported Dudley I s because it was local oriented. This restaurant will not be serving breakfast and will be the loss of more services. Hunt said he feels this is tourist oriented when it is only serving lunch and dinner. Ms. Tygre said she would like P & Z to have the opportunity to review this in a year. Allen said he has no problem with the use being reviewed upon sale. Allen said the applicant has to commit to a long term lease. The bank would not be willing to lend money on permission to operate for one year. Allen said he does not object to a condition that this continue to operate as represented but to have it up for re- licensing in one year is a problem. Hunt said he is not disposed to more restaurants in the C-1. Hunt said a condition should make it clear that if the restaurant changes hands, the conditional use will have to come up for review again. Taking away breakfast is whittling down local services. Compton asked how large the establishment, how many seats. Allen said it is approved for 60 seats; the applicants will have 35 seats. Anderson closed the public hearing. Herron moved to approve the conditional use with the planning office conditions and adding a third condition to encompass the concerns that the use of the restaurant and the restaurant operation be reviewed in one year by the planning office and that they report back to P & Z to determine that the representations being made in the application are being honored and lived up to and that the same owner is operating the restaurant; seconded by Means. Allen suggested wording, "applicant I s representations regarding the operations may be periodically reviewed to determine they are in compliance with the zone district for such conditional uses and may be reviewed upon any sale of the restaurant". Allen said this would not cause problems with the bank. Ms. Tygre said she wants a one year review. Hunt said this is not putting the conditional use approval in jeopardy but is to determine that it is in compliance. Hunt said he would like this tied to the conditional use approval. 3 PLANNING AND ZONING COMMISSION SEPTEMBER 19. 1989 Allen added the wording, "periodically, not less annually reviewed that they are in compliance with the tions and may be reviewed upon change of ownership. often than representa- All in favor, with the exception of Hunt. Motion carried. Means suggested the environmental health department come to P & Z and discuss the emission control devices to see if the Board wants to establish a policy. Allen said the implication he got from the planning office memo was that the environmental health department would deal with this if there were problems and complaints. Hunt asked if the applicant will carryon the conditions of the previous approval for DUdley's. Ms. Lamont said all conditions represented by the prior applicant will be adhered to. Herron moved to amend his motion that as a fourth condition all prior conditions be adhered to except as modified as this approval; seconded by Ms. Tygre. Allen reiterated the representations of the applicant are condi- tions of approval. Allen listed other conditions; they shall comply with the environmental health department requirements; it shall be a locally oriented restaurant with periodic review; the zoning official shall provide a written report to the planning commission regarding the restaurant operation; the restaurant shall remain open for a majority of the off season; and the menu shall be of a type and price structure to serve the local residents; the applicant shall remove trash receptacles from the public right-of- way prior to opening the restaurant; prior to outdoor seating the applicant shall submit drawings of the proposed outdoor dining area and they shall be reviewed by the planning commission pursuant to 3-103; service access to the restaurant shall be by the entrance at the back of the restaurant and shall include a ramp and paved access to the ramp in the alley; no parking shall be allowed in the back pullout service area. All in favor, with the exception of Hunt. Motion carried. Meeting adjourned at 5:20 p.m. 4