HomeMy WebLinkAboutminutes.apz.19910108
~u
~
RECORD OF PROCEEDINGS
PLANNING & ZONING COMMISSION
JANUARY 8. 1991
vice Chairlady Jasmine Tygre called meeting to order at 4:30pm.
Answering roll call were Sara
Compton, Bruce Kerr, Mari Peyton,
Welton Anderson was excused.
Garton, Graeme Means, Richard
Roger Hunt and Jasmine Tygre.
MINUTES
NOVEMBER 6. 1990
Graeme made a motion to approve minutes of November 6, 1990.
Sara seconded the motion with all in favor.
COMMISSIONER COMMENTS
Roger: This has to do with the recyclable trash pickup in the
west end which may be the same in the east end. They are having
people take trash out to the front door. This seems to me a bit
inefficient and a built in disincentive to recycle. A lot in the
east end have alleys and why not keep the trash in the alley? It
is an eyesore on Tuesdays in the west end and not only do they
have to catch the streets--if it were only the streets they could
maybe have some justification. And I mean the east/west street
but they also have to catch the north/south street because there
are some entrances to houses on the north/south street. The
alley is where the trash belongs. It seems to me that they could
improve their participation by keeping it close to their trash
pickups in that area.
Certainly where we have alleys which were designed for the
servicing of the residences it seems to be appropriate to put it
in the alleys. It would certainly make it more efficient for the
guy who picks up the trash. It would reduce by half the number
of streets he has to cover.
Mark Fuller, County: I see your point and I will make an inquiry
into this matter.
Graeme: Whatever happened on the community planning process?
Kim: I will ask Leslie who is very involved in that to bring you
up to date on that.
Roger: What is the status on the employee housing on top of the
parking structure? Why didn't we see it first?
Kim: It is news to me too. I will have to check on that.
Roger: That going to them first is sort of strange.
PZM1. 8.91
PUBLIC COMMENT
There was none.
DICKENS CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT
Kim, Planning: Made presentation as attached in record.
Richard: (referring
period of 50 years)
restriction.
to condition #2 on deed restriction for a
I did not realize there was any time
Kim: The Housing referral comments are starting to come back
with a time frame so that owners don't 10 or 12 years down the
road request to have it removed and then realize it was for such
a long period of time.
Bruce: I am wondering whether the Housing Authority conditions
should be automatically made a part of our conditions or have
some of those already been satisfied. They have 4 conditions and
we have 2.
Kim: I think what happened is they are trying to standardize
their language so they pullout their set of conditions and in
some cases some of them are already taken care of. So I picked
out the ones that needed to be carried forward.
Bruce: The #2 where it talks about accessory dwelling unit is--
that is already taken care of?
Kim: Right. Bill Drueding checks to make sure that there is
appropriate separation walls so that it is not--the users don't
walk through the unit that it is actually closed off.
Graeme: There was an application for one of these dwelling units
some months ago that was tabled about 3 times. I guess it was
because of some discussion about whether the applicants wanted to
have that to be able to be lifted at his option under certain
conditions. And I thought that that was being decided. What has
happened to that application and how does it affect--
Kim: The way we decided to try and get it--that the only body
that can lift the deed restriction is city Council. When Mr.
Allan found out that it was a 50 year deed restriction he balked
and said the only way he would do this was if he could just
automatically have it lifted.
Well there is not any guarantee. There is not even a real
established process. So what the Planning Office is going to do
2
PZM1. 8. 9l
is to amend the ordinance and establish a process for lifting
deed restrictions and what condition, what level of standards
have to be maintained.
Graeme: When that process is determined would that retroactively
affect all the ones that have previously been approved?
Kim: At this point I would say it would apply to any accessory
dwelling restricted to resident occupancy.
Sara: All of these things are required by the Housing. But
would the Housing Authority actually sign the lease?
Kim: No. The Housing Authority approves the lease and it gets
copied to them.
Jasmine asked for public comments.
John Doremus: I live next door. I don't think we have any
objections to the extra unit. We are looking at the parking
provision for this unit. They don't have to make any provisions
do they? And that is kind of sad because we have a rare
situation in that alley that this house uses for their garage
access and parking in that 2 if not 3 of the houses have no other
access. They hope to get access by virtue of the 7th street
extension.
Everybody on both sides of that alley use the alley as access. It
is a very busy alley and it will work only if there is no parking
in the alley. I don't know where these people intend to park.
As I recall there is no provision for the caretaker unit for
parking.
Kim: The caretaker unit does not carry mandatory parking on it.
If the Commission sees fit they can require it. The site plan
shows that there are 2 spaces inside the garage and 3 on the
outside driveway accessing the alley. So in effect as far as
parking spaces for a 4 bedroom house technically the house itself
requires 4 spaces so the extra space could be considered for the
accessory unit.
Doremus: Well if that stays mandatory I would appreciate it. So
often that doesn't get done. I would feel more comfortable if
accessible mandatory parking were provided for the caretaker unit
and did not interfere with the garage access. We really need
that because of the extra use of that alley.
There were no further comments from the public.
Jasmine closed the public portion of the hearing.
3
PZM1. 8. 9l
MOTION
Roger: I make a motion to approve the conditional use for a
resident occupied accessory dwelling unit for Lots K and L, Block
8, Townsite of Aspen with the conditions being the same as on
Planning Office memo dated December 28, 1990.
Mari seconded the motion.
Richard: On the parking, is there any restriction on parking in
the alley as it exists or is it simply that people have agreed
not to use the alley for parking.
Kim: There is no signage in the alley.
Doremus: It is used like a secondary street because because of 2
houses it makes their only access and all the other houses have
their garages facing it. It is a very busy alley. People do
park in the alley. We make an effort to get them to move and
sometimes the answer is "There is no other place to go". I think
this is the time not to make it worse.
Kim: You could add a 3rd condition that 3 outside parking spaces
on site be constructed.
Roger: I amend my motion to include a 3rd condition stating that
the developer shall provide 3 exterior hard surface parking
places.
Mari: I amend my second to the motion.
Everyone voted in favor of the motion except Bruce and Jasmine.
Motion carried.
GOLF COURSE PUD AMENDMENT
Jasmine: I will entertain a motion to table this hearing to
January 22, 1991.
Roger: I so move.
Mari seconded the motion with all in favor.
RUBEY EMPLOYEE HOUSING REFERRAL
(Commission members had made a site visit before meeting today)
4
PZM1. 8. 9l
Ellen sassano, Planning:
record.
Made presentation as attached in
The purpose of the referral is to get comments from you.
Bruce: I thought I understood you to say that they were talking
about some kind of restriction of access to the lower bench for
the residents of the project?
In other words I can use it because I don't live there but the
people that live there can't use it?
Mark Fuller: The kind of restriction that I had in mind was not
so much restriction on access to the property but rather
restrictions against any development outside of the general
building envelope that you see there. That has no development
anyplace else on the property--things like play areas or
volleyball courts or bar-b-que pits or anything that would tend
to disturb or change the existing environment. So you have
access to it but not change it.
Graeme: If the Braden property were bought by the County, would
that affect the price of the units?
Mark: The cost of the Braden property would be born by the
County's housing bond and by accumulated savings in the County
general fund and would not be supported by the return of the sale
of units on the Rubey property.
The Commissioner's guidelines on the density on the Rubey
property has been to insure that whatever density is on the Rubey
property can stand on it's own 2 feet so we wouldn't have to
subsidize the property in order for it to pay for itself. So the
reduction of density from 24 to 18--the cost of each unit does go
up but that is only to cover the development cost of the project,
not the acquisition of the Braden property.
Graeme: Also from the County's point of view, do you not want to
see the 6 units on the Braden property?
Mark: The 6 units that we are taking off the Braden property are
free market units. And the idea there was to provide that
portion of the Braden property as open space amenity to the
neighborhood.
Graeme: When we were out there a lot of people felt that using
the existing easement would be better than new pavement and such.
Could you use the existing easement and also buy the Braden
property and put affordable housing units on the Braden property?
5
PZM1. 8. 9l
Mark: That doesn't speak to the concerns about the density of
the neighborhood. It doesn't speak to the concerns about the
impact of the Hunter Creek access of the existing traffic and
parking patterns in the Hunter Creek Condominiums. So it
obviously produces more affordable housing and it does increase
the amount of pavement up there but the concerns that have been
voiced from residents in the neighborhood are in this
revised plan in terms of new pavement if we were to go with the
Braden property access, we are basically trading new pavement in
this stretch for new pavement in this stretch. I am not sure
there is a tremendous amount of difference there.
Bruce: Have you heard from the Spruce Street and the homeowners
in that area? It looks to me like we are looking at Meadows 7th
st vs. 8th st kind of thing here. And the Hunter Creek people
have spoken. Maybe others haven't spoken yet.
Mark: We have heard from some of those and there are some
concerns there certainly. The biggest difference is that with
the Braden access we are putting the Rubey traffic directly onto
the public street that is currently engineered to accept the
increased traffic that Rubey would generate. So we are not
substantially changing or overloading any existing roads up
there. Whereby going through the Hunter Creek access we are
making a substantial change for their existing traffic patterns.
In effect a private driveway and parking lot system into a at
least semi-public road system in that we are not going to be able
to effectively limit traffic in and out of that Hunter Creek
access to residents of Rubey. It could be used by anyone going
to visit. It could be used even conceivably by people using the
Rubey parking lots access to Hunter Creek Trail. So I think that
was a general recognition on the part of the P&Z and the
Commissioner's as well that given the 2 alternatives the public
was less impacted by the Spruce st alternative. And in fact in
terms of public response we have had 2 or 3 people who live on
Spruce st and in Centennial area express some concern about
increased traffic levels but it hasn't been nearly as volatile
and vociferous as the objections we got from Hunter Creek.
Roger: I was on the site visit and to me from a philosophical
point of view it is absurd for the County to buy property to turn
it into a road be it a 5th or a 6th of that property. Apparently
the County wants to limit automobile use by buying property and
turning it into roads and that seems to me a strange
philosophical dichotomy.
To me being on the property it makes it apparent sense to use
that access through Hunter Creek there. Now as far as their
arguments the traffic caused by this will certainly be no more
6
PZM1. 8 . 91
than the traffic down in this area right here in this area up
here--what do you have--24 cars there was it? 27 cars--OK. If
you plant yourself about here that would be about the equivalent
amount of cars crossing this point right here which now you will
have crossing this point up here.
Yes indeed it is a change for them. They were a dead end parking
space. But life is tough folks and why cop out to the
automobile? The sensible access to me is directly off Spruce
into this parking lot into there. I am looking at it from a
practical planning sense.
Now with respect to the Braden parcel. The height of absurdity
is after you end up with a road through this piece of property
you end up with this tiny little parcel and you want to call it a
pocket park. Well--Iook where all the open space is right here
folks! They are arguing for a little piece of undeveloped
property and this whole mass of open space over here seems to be
the height of absurdity.
I would like to see that if the County purchases that parcel is
to me it is an ideal location for affordable housing. This is an
urban area. We have the density there. That is where the
density belongs planning-wise. And so to purchase this piece of
property and acquiesce to a road and this little bunch of open
space which I think is insignificant in the overall terrain is
absurd.
Sara: I have been participating in some of the community plan.
I was very interested in the first report from the planners from
Alan who said that Hunter Creek is really greatly underdeveloped
for what they proposed and can see it going to its maximum that
there is a lot more population that can go in there.
I disagree with Roger. I would hate to see Ralph Braden's free
market units in that parcel or employee units. I think it is
just beginning to honeycomb over there. It is too much. It is
also taking away from people's views which I think is interfering
with rights. I think a view is as much and sunlight is as much a
part of property rights as anything else.
I think the site we visited for the Rubey development is
terrific. It is a beautiful piece of property and the units that
are proposed for there I think can sit in there. I don't want to
see anything go on the Braden. And that might mean the
purchasing of it. It is open space, Roger, but stuff way below
really can't be viewed from--it is an obstruction if stuff goes
in on the Braden parcel.
7
PZM1. 8. 9l
I hear what the people are saying. You have to respect that. I
see people coming in and out of that Hunter Creek. I am sure it
is dangerous but the County does have the access. We would be
taking away--they would have to redesign their parking I guess is
what would have to happen and that would only become a road and
no parking. Maybe that is the best thing to happen there.
Graeme: I tended to agree with Roger when I was up there. But I
am starting to look at it a little differently in that by
removing the 6 free market units from that lot I think will
decrease congestion up there and make it more livable for a lot
of people who need more livability.
Also while there is an awful lot of open space right in that
neighborhood it is going to be deed restricted not to be able to
be used for a play ground or something like that. I think the
Braden property could be both open space and also be quite a
useful amenity for the neighborhood in terms of a playground.
Richard: I am thinking about the same way Graeme is. I like
putting it through the Braden parcel. It separates the Rubey
development from the Hunter Creek development. And I think a
little bit of circuitous route, a few extra yards of pavement is
worthwhile to create that sense of separateness.
I spent a lot of time up in that area and even though the Braden
parcel has a cyclone fence around it that having that open space
in the middle of all the development is very valuable. And as a
park use it is quite different than the open space in Hunter
Creek which is essentially wild space. It is open for human use
rather than open for mainly natural and both are necessary. You
need those pockets inside urban areas just a much as you need the
wild area outside of them. So I support that general plan.
I wonder about the design of the road as it is now. I would like
to see it pulled a little further away from the 1300 building
there if that can be engineered through this section here. It
would give a little more buffer here because this place that we
walked across is a nice lawn type area. So increase that there
and look at developing park use or golf through here. I would
like to see whatever negotiations can be entered into to
guarantee that there be pedestrian access from here out to Lone
pine Road through here that Hunter Creek doesn't throw up a fence
and then an incentive to that would be developing this as a park
available to people from all developments in the area.
I live right over in here and it has been a real problem to me to
have to go all the way around this way to get to Centennial
rather than be able to walk through. I am really upset by the
fencing off of various parcels including this one. There should
8
PZM1. 8.91
at least be pedestrian access through here if not vehicular
access. There be some sort of gate that you can walk through but
can't drive through so that people wouldn't have to go all the
way out to get on to Spruce st.
Also on this water line here there are a few trees growing in the
parcel there. Are those being new plantings?
Ellen: It may have been just been shrubbing up the plan. But
maintenance for the water line will have to be fairly accessible.
Richard: It would be good to put some kind of screen in here so
that you don't look straight through the trail up into the
development so that you aren't looking into stripped-out torn-out
ground down in the open space area. Whatever can be done to re-
vegetate this area whether it be shrubs or trees or whatever.
Mari: I still don't buy the argument that the road has to be put
in_mumble_ however I have to agree with that end of the
table that with the open space really very usable as far as
street noise get out and stretch in there. But the main
concern I have is the concern that the access to the bus. I
think that it is very important that maybe a trail could cut
through the back way to--I don't even think that would make it
convenient enough though to be an auto disincentive. It has got
to be convenient. It can't be just something that is possible.
It has to be something that is preferable. And that is
definitely not preferable.
Ellen: Do you think that the turn-around shown on the Braden
parcel is close enough for bus pickup or is that still too far?
Mari: No.
Jasmine: I don't either.
Ellen: I think that the only closer option would be bus pickup
in the Hunter Creek parking lot.
Roger: And of course with no exit out there you would never get
a bus going through.
Jasmine: I have a friend who lives in this building in Hunter
Creek. And I have another friend who lives in Centennial over
here. So when Richard was talking about all this fencing these
people who can see each other's windows cannot get to each other
without going through this whole elaborate thing. There is no
bus that goes here. If you live in this part of Hunter Creek you
have to go walking down this. If you have to carry groceries, it
is not convenient.
9
PZM1. 8. 9l
If you are going to live over here and you want people not to use
cars and you want them to try to find some kind of a way to use
the bus, forget it! You are going to have trouble keeping this
down to 27 cars. It is just not possible. People can't live
like this. You have to have some kind of bus coming in here
probably through this alignment because people in this part of
Centennial--people in this part of Hunter Creek and this part of
Rubey can all use some kind of bus thing that should be right
around here. That is where you need to have it because it could
be used by all of these people. And it would actually be used.
That is where you are going to get people out of their
automobiles.
It just seems to me that you have an opportunity to put a
transportation element there that is actually going to be useful
to people. And not just design on the basis that this is for
Rubey and this is for Hunter Creek and this is for Centennial.
It is something that can be used by all of them.
Mari: I am surprised too that with this new development RFTA
hasn't considered increasing their frequency of service because
as they found on the Woody Creek run, they doubled the service
and they doubled their ridership right away. I believe that some
kind of access has to be included.
Graeme: I was wondering if there could be a I-way bus loop
coming down through the Braden property and picking up people
where Jasmine was talking about and then exiting out the Hunter
Creek access. That would eliminate a turn-around. Go right
through the Braden property and then take a left--
Jasmine: I just can't see how public projects like this could
possibly ignore other public projects in the same neighborhood
and not try to get some sort of public transportation available
to the 3 different public projects in that area also available to
private projects instead of forbidding people automobiles and try
to eliminate parking spaces when the obvious solution is to make
public transit available to these 3 things.
The city owns most of this property somehow or other--or will.
There has got to be a way of designing a way to make public
access and public transit in that neighborhood.
Roger: I will acquiesce to the road because of the numbers here.
But as far as public transportation, at the very least the Spruce
st access should be open to transportation. At the very least
there should be trail access through this area because if we
never get public transportation through here the closest point is
over at Spruce st here somewhere for them to pick up the bus.
10
PZMl.8.91
To me the logical transportation loop is probably through the
Hunter Creek parking lots and to be able to exit out of that
parking lot instead of dead end the thing. And if that can be
limited transportation exist, that is find but--
Mari: If there was a loop through the Hunter Creek lot it would
actually make all of Hunter Creek more accessible for more people
because the far buildings are quite a hike.
Jasmine: People who live in that far building are always in
their cars because it is such a truck up and down hill to the
bus. People in those 2 buildings would be using buses if they
didn't have to walk so far and go up and down hill to the bus
stop.
Roger: Open up the end of this parking lot for hopefully
transportation but very definitely pedestrian.
Jasmine: And take the fences out.
Roger: Yes and get something going across this property--get
pedestrian trails or access where you can get it.
Jasmine: Or at least don't prevent them. I really think the
City should purchase the Braden property. What you actually do
_' with it--whether you put some housing in there or whether you
leave it open space or not--I think that has to be subordinated
to the transportation plan. You may need to use certain portions
of the Braden property for some form of transportation. And then
put the other uses to not be done until you decide how much of it
you need for the transportation link.
Fuller: There is a bus stop at the upper end of Hunter Creek on
Lone pine Road.
Jasmine: Not where I am talking about up near the top of the
tennis courts.
Roger: And no way of getting to it.
Jasmine: Why are you making it so difficult for people to use
the bus?
Bruce: I concur that the bus access needs to be worked out. I
don't buy into the notion that they ought to run the road through
the Braden property. I agree with what Roger said before he
acquiesced. I think the logical access is through Hunter Creek
instead of running a separate road and as much as I am
sympathetic toward the notion of a pocket park or some other kind
11
PZMl.8.91
of usable park, the fact is land in the floor of this valley is
so limited and our housing needs are so great that I would much
rather leave the Braden property in such a way that it can be
used as a park. But it can also be used as employee housing if
that need is great enough and that is the will of the people.
I hate to see us foreclose whatever options we might have with
that property if it is indeed bought by the County. Let's
preserve our options. Let's stay as flexible as we can. Let's
use the access through Hunter Creek. Let's buy the Braden
property if we can buy it. But land is so precious, let's don't
foreclose what our options are for that land. We may decide that
we really do have to put some housing there and deal with open
space and deal with parks in some way other than the Braden
property.
Graeme: I could see a scenario where the Braden property was
bought and the Hunter Creek access was still used. I am not
crazy about the Braden access over the other one. But I do think
that the Braden property is a plug in the middle of a lot of
things. I agree with Bruce in that there are a lot of things it
could be used for.
Roger:
well.
My total concurrence is with Bruce.
He stated it very
Jasmine: In general if there are any points that the Commission
feels strongly on I think it is yes, it is a good idea to buy the
Braden parcel. And that we need not designate exactly what we
are going to use it for right away and not preclude any options.
Then it is the necessity for the public transportation access and
whatever it takes to get an additional co-operation from RFTA in
terms of whatever that route may be and increase frequency on the
route.
This is something that we really can't do much about as Planning
Commission except say it. But the frequency of the route is
probably as important as the route itself in terms of getting
people to use the public transportation. And part of the problem
of the congestion in this neighborhood could certainly be
alleviated by having a public transit system that is more
functional. This commission would like to see additional work
done on that particular aspect of the plan.
Roger: And reducing the barriers to pedestrian
separate these parcels. Let's get the parcels
pedestrian-wise and not be barred off.
ways that
integrated
Sara: In this County/City Community Planning process they hope
to come out with an optimum population for the valley or
12
PZM1. 8. 9l
especially this end of the valley. will they come out with how
many employees we are supposed to house?
Baker: I don't know that there is an absolute. What is the
maximum buildout of the commercial area and how many jobs does
that mean? I don't think that at this point we have thought
about that.
Bruce: On this very point there are 2 different carrying
capacities that we talked about before. One is the physical
carrying capacity and then the other is what we find acceptable
as a way of life. Physical may far exceed what we find
acceptable as a way of life in this end of the valley. I hope
the planning process is taking that into consideration.
Baker: That is a good point. The physical capacity is far in
excess of anything anyone is going to accept around here. The
big challenge for us is to have qualitative factors in the
equation as well as quantitive and come out with something that
is acceptable.
Bruce: They need to be done in a way that is constitutionally
defendable.
Richard: The only real problem that I see with the neighborhood
is how close it comes to the Hunter Creek Trail. On that one
wedge it is very close to that building on the far left there.
And again the trail can be and maybe should be re-aligned down
into the flood plain. I think it is a nice transition from the
really high density of Hunter Creek to the single family above it
on Smuggler Mtn.
In some ways it is a shame to give up any open space but
basically the open space that is there serves as a front yard for
those 3 or 4 single family residences above it. For people using
the Hunter Creek Trail it's fairly minimal. You go through there
and you can still see the houses above so that does urbanize the
experience of the trail. You have to get up past here anyway
before you feel you are in the creek. That abortion on the lower
end of Red Mtn destroys the experience anyway.
Roger: This area to me being in it--from where I went to, it
seemed to impinge upon the perceived open space mostly of houses
from Red Mtn which I don't shed a crocodile tear for. So
otherwise visually it doesn't seem to interfere too much with
other people's open space.
Jasmine:
community
afford to
It seems to me that there is definitely a need in this
for day care facilities especially for people who can't
send their children to expensive private schools. The
13
PZM1. 8.91
,.
thing that bothers me is almost every time you see any kind of
project I would really rather see the planning for some kind of
day care as more of centrally determined thing so that we don't
have 55 day care centers all of a sudden everywhere with none of
them licensed or qualified. It might be a better idea to really
establish what the day care needs are in the community and have
them dealt with in a more responsible manner. It is being done
in such a piecemeal fashion that I don't think it is really
beneficial to the community.
Roger: The day care people have gone through an extensive survey
of what is needed.
Richard: There is something to be said for day care facilities
in the neighborhoods as well as a downtown facility accessible to
everyone. They can stay in their own neighborhood instead of
being trucked downtown.
Jasmine: Somewhere along the line as long as there is an overall
plan I think that would be a very sensible thing to do.
Sara: I think that opens up the units to other businesses. At
Midland Park we--there is no business supposed to be operating
out of it. Well, of course, some people have offices. But
nothing commercial is supposed to happen. It is fine--neighbors
taking care of each other's children but if you are going to get
into day care, it shouldn't be in a unit. It should be a
community center that serves all those neighborhoods.
Richard: The Braden house.
There being no further business Jasmine adj ourned the meeting.
Time was 6:45pm.
\
\",. ,0
Janicl'l
/
~.
Clerk
'........
14