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RECORD OF PROCEEDINGS
PLANNING & ZONING COMMISSION
JUNE 18. 1991
Chairlady Jasmine Tygre called meeting to order at 4:30pm.
Answering roll call were new Commissioner David Brown, Sara Garton,
Richard Compton, Bruce Kerr, Mari Peyton, Roger Hunt and Jasmine
Tygre.
COMMISSIONER COMMENTS
Mari:
is up
and I
This is probably going to be my last meeting since my term
in July. I want to say I have enjoyed serving on the Board
have enjoyed working with all of you.
Bruce:
issuing
as long
We have just completed remodeling my
a formal invitation for a site visit.
as they don't nose around too much.
lodge and will be
Staff can come too
Roger: Concerning the in-town school site activity and what has
been happening so far. It appears now that the yellow brick site
will be for the Learning Center. That entire block will stay under
the control of the school system. That leaves the red brick site.
I think of it as 2 halves--the new site which contains some class
rooms and then the old site which is a more of a problem for
remodeling financially.
I continue to express P&Z's attitude that we believe those sites
should stay in public access category. There are all sorts of
financial problems in getting it into the public sector.
Dianne, Planning: The School Board had the site appraised. That
appraisal was finished yesterday and they have appraised the site
as-is at $4 million dollars. That is a considerable cost and I
know that at this point Frank Peters would like to go before the
City Council and discuss with them what their interest is in regard
to funding sources for that.
Alternatives were to do some limited affordable housing and free
market single family lots on site in conjunction with keeping the
old building which has historic value. And also trying to develop
certain portions of it as a neighborhood park area. Other options
were to utilize a portion of it for free market housing and the
other portion of it for park site which would obviously be
demolition of the entire structure.
Jasmine asked for copies of the alternatives for all of the
Commissioners.
There was discussion regarding election of officers and decision
was made to wait until 2 new appointees are on board.
PZM6.18.91
PLANNING STAFF COMMENTS
There was discussion on holding a workshop. It was determined to
wait for the appointment of new board members for this workshop.
PUBLIC COMMENTS
There were no comments from the public.
MINUTES
JUNE 4. 1991
Mari: I move to approve minutes of June 4, 1991.
Roger seconded the motion with all in favor.
CAFFRAY TOWNHOMES COHO USE REVIEW FOR AN ACCESSORY DWELLING UNIT
Jasmine opened the public hearing.
Affidavit of mailing and picture of property posting was presented.
(Attached in record)
Leslie made presentation as attached in record.
The applicant stated they had no problem with the conditions of
approval.
After discussion between Commissioners:
Jasmine asked for public comment.
Carol Hershey: I guess I am the last of the Mohicans on Cemetery
Lane. I live next door to this. I am in between this extravaganza
and the extravaganza on the other side. I am not very good at
reading those plans but I did have a little feel that maybe the
garbage and the parking lot, since that will now be my new view,
would be ____mumble. But might be a little something done to--
what we--we have an employee housing unit downstairs and my unit
upstairs. And now the apartment downstairs is condominiumized.
The downstairs unit will now be totally blocked by that house. I
am not suggesting that it shouldn't be. I am just saying that that
will be the difference and mine will be partially. But I guess I
can't say "Don't do it". So if that is going to be done maybe
those few little changes could be done to just make it a little
better to look at.
And that is a very steep hill in the winter time. And even for us
and we are above that house, we really have to start Slowing up
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prior to the Hampton house on that hill to pull into my driveway.
So that is a pretty tricky spot anyway.
I have been assured that there is going to be some landscaping.
Jasmine: There is no showing on the plans of landscaping.
Leslie: It is not there and Gideon and I have talked about it--
that there be more effort made toward landscaping that whole side
yard between your property and his.
David: Is this part of the subdivision process?
Leslie: If they condominiumize. My understanding from her is that
they don 't intend to condominiumize but if they wait until the
structure is built then they only have one step to City Council.
At that point in time a plat will be required to be drawn up with
plans.
Pat Trod, Architect: I have been working with Jack on this project
and I just would like to say that we didn't show landscaping
because we didn't pick up what would be required for this meeting.
The owners do intend to landscape it very nicely and especially
around this trash container. Also about the entry road; Jack
worked very closely with the City Engineer to keep that entrance
just as high on the hill as he could because we do know that it is
a steep hill. We are keeping the entrance as high on the hill as
we possibly could because of the recommendation of the Engineers.
Also we will be turning around in there so that we will always be
going out forward rather than backing out into Cemetery Lane.
Landscaping for this proj ect is going to be very nice. They intend
to do extensive landscaping.
Jasmine asked if there were any further public comments. There
were none and she closed the pUblic hearing.
In the conditions of approval I think it would be appropriate to
mention something to the effect that the applicant has made
representations that there will be substantial landscaping.
Leslie: I have some draft language. The trash enclosure and
parking space on the southwest property boundary shall be revised
to incorporate the trash enclosure and 9th parking space within
the site. And to provide site plans to be reviewed by the Planning
Department.
It is my understanding that the applicant is going through
condominiumization. At that point in time when they file a plat
it will be required that landscaping be shown on the plat.
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MOTION
Roger: I move to approve the Caffray application for conditional
use of attached dwelling unit at 1150 Cemetery Lane Lot 3, Block
2, Pitkin Mesa Subdivision with the following conditions: #1, #3,
#4, #5, and #6 being the same as on Planning Office memo date June
18, 1991. Condition #2 as stated in that same memo with the
addition including landscaping as per representations made at this
hearing. And then condition #7 as Leslie stated earlier.
Mari: Does the recommendation that they have suggested require
above the standard that the code requires for the between dwelling
units.
Leslie: That is a Building Dept standard that I can check out.
Mari: But the standard for between dwelling units would have to
apply in this case, wouldn't it?
David: As far as I know there are no standards unless you are
going for FHA or HUD funding.
Everyone then voted in favor of the motion.
MCCARTHY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
Jasmine opened the public hearing.
Leslie made presentation as attached in record.
Affidavit of public notice by mailing was presented and is attached
in record.
I have one change to the conditional use. In letter "c" I would
change that language to say "The applicant shall demonstrate to
the Engineering Dept that historic drainage patterns shall be
maintained on site."
After discussion Jasmine asked for public comment.
Bill Benner, representing adjacent property owner:
I have comments right now. I was wondering if you
this. And a plan. How big is this going to be?
I am not sure
have a memo on
(These things were presented to him)
Benner: Have the adjacent property owners been informed of this
before?
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Jasmine: Yes. They have received legal notice from--
Leslie: They received legal notice once because of the accessory
dwelling unit. And they received legal notice when the property
was being designated.
Roxanne: Then they also received notice for HPC conceptual review.
So they have been noticed 3 times on this same project. Plans are
available in the Planning Office for people to look at.
Benner: will there be another opportunity for Helms to address
this or make a comment on it?
Roxanne and Leslie answered "No".
Benner: Is there going to be an additional parking unit for this?
Leslie: There is not a parking requirement because of the historic
designation.
Benner: The parking space that exists now in the front of the
building that access off of Bleeker st--is it a conditional use or
has it been a condition of approval to remove that parking space?
?: Yes.
Benner: It is not going to be there anymore?
Roxanne: HPC is the Commission I think that your questions might
be directed to for design considerations. They have already looked
at that. They have already reviewed the final development plans
for that and that parking space has been required to be eliminated
out of the front. They are re-landscaping the whole front to get
rid of that parking space. There will be 3 spaces off the alley.
Jasmine then asked if there were any further comments. There were
no more and she closed the public portion of this hearing.
Jan Darrington, representing applicant: The site drainage will be
taken care of. I discussed this with the City Engineer and we have
a drainage system designed for the property which will take the
surface drainage and drain it down in a drain system around the
house. The Engineer Dept has said they think this system will
work. He will review it again at the time the plans are presented.
MOTION
Roger: I move to approve the McCarthy application for conditional
use for an attached accessory dwelling unit at 214 West Bleeker
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with the following conditions coming from the Planning Office memo
dated June 18, 1991. condition A, B, D, E and F as stated in that
memo. Condition C will be re-written in entirety to say "The
applicant shall demonstrate to the Engineering Dept that the
historic drainage patterns shall be maintained on site."
Mari seconded the motion with all in favor.
ZIMMAN CONDITIONAL USE REVIEW
Affidavit of notice by mail was presented.
(attached in record)
Leslie made presentation as attached in record.
In the language regarding drainage it should read "The applicant
shall demonstrate to the Engineering Dept that historic drainage
pattern shall be retained on site. Condition G should be struck
because there already is a rolled curb there.
Roger: Was the roll curb to a garage?
Jan: The curb in question is along Hallam street and is installed
to City standards. The parking driveway and parking access is from
the alley.
Roger: Previously where there was parking apparently in front of
the place. Was that a driveway curb?
Jan: I think there was a curb cut and it will be filled in.
Jasmine asked for comments from the public. There were no comments
and she closed the public portion of the hearing.
MOTION
Roger: I move to approve the Zimman application for conditional
use of attached accessory dwelling unit at 620 West Hallam with
the following conditions as per Planning Office memo dated June
18, 1991. A, B, C, E and F as per the memo. D shall be worded
"The applicant shall demonstrate to the Engineering Department that
the historic drainage pattern shall be maintained on site." And
condition G shall be struck.
David seconded the motion with all in favor.
Jasmine: When we looked at this the first time the City Council
that was in office at the time was very reluctant to enforce that
the accessory dwelling unit was actually being occupied. There
haven't been any changes. So a lot of these were getting
additional dwelling units and additional FAR in some cases and
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building bigger structures and yet there is no guarantee that any
resident is actually living in them.
I remember that the Commission at the time felt very strongly that
the reason you are building these things is so people can live in
them. There won't be empty caverns in the west end and you don't
have people traveling from Rifle. And I would like to add this to
our work session. We might want to consider our position on that
with the new council and the Housing Authority.
LEGENDS SPECIAL REVIEW FOR OPEN SPACE
Leslie made presentation as attached in record.
After discussion:
MOTION
Sara: I move to accept the special review for use of open space
by the Legends of Aspen as recommended by the staff adding to #4
that the gate will be a bi-swing gate and recessed so as not to
swing out into the public right-of-way.
Mari seconded the motion with all in favor.
RIO GRANDE CONCEPTUAL SPA FOR RECYCLING CENTER
Sara: When you mention the second option you said that is probably
more realistic. Do you mean financially or do you mean the way the
procedure works at this time.
Duke: Financially. It would be the best use of the space. If we
are looking for the most cost effective system it would be
Sara: Once you have the building.
Duke: Yes. If our regional engineering firm thought that we had
the money to build this facility and the space was available, it
is a guaranteed deal that they would recommend going the full scale
facility.
Jasmine: There are getting to be more and more structures on the
Rio Grande property. It seems to me that all the open space that
we had, suddenly all we have is a playing field. It might be
better to combine buildings. If there is an important need for 2
public uses down there which is the trolley barn and the recycling
center rather than having 2 buildings trying to fit together on the
same space--if there were any way to combine them into a single
building at least it would be only one building. It might be a
better solution to the whole problem.
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Leslie: For conceptual review at this point the first question is
is this a use that you wanted to continue on that site. And if so
I think between now and when the trolley submits final application
we have a lot of time then to take in various recommendations that
you may have and how to incorporate the 2 uses on the site.
What Jim is presenting to you is some initial options to give us
the case scenario for your comments. I would just like to know
from you whether you think this is a use that we should continue
and help along for this site.
Jasmine then asked for a straw poll.
Sara:
people
desire
uproar
I say yes. I think it is a real public amenity. I think
are familiar with it and I think it is a real grass-roots
in this town for recycling. I think we would have a big
if we take it away.
Richard: The question I asked myself even before I got to the
memo--OK, this is a nice idea but is it just because we got it
started there and is there a better place. I can't think of a
better place for it. And I think it is an appropriate place given
the uses on the south side of Spring st extension there because it
is a light industrial area. It is close to the center of town as
we are ever going to get. So I am in favor of continuing it at
that site.
Jasmine: I tend to agree with Sara and Richard.
Roger: I will say yes it qualifies. I want to go back to what
P&Z has done in the past by prioritizing what belongs on the Rio
Grande SPA. It's original purpose when it was bought with 7th
penney funds was transportation. I consider this a very
appropriate accessory use for this type of site. Not a primary
use. If we can take care of transportation first and there is room
for recycling I think it is a great idea. I would like to get it
to where it doesn't look like a dump yard. And with as good as you
guys are keeping it, unfortunately it does have that appearance
right now.
I think we do need this kind of facility in the central of the
community to service the business community.
Mari: I agree pretty much with what Richard said and I feel like
there will be detractors who will bring up all of my objections to
the snow dump on that site and compare the 2 uses and the
distinction in my mind is that the snow dump doesn't require the
consumer to visit it.
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And as long as everything has to be hauled away from the snow dump
after it is sorted out from the water so it might as well be hauled
out to begin with. That is the way I see it.
The recycling center has got to be convenient for the consumer.
That is the justification for the use on that site. It would be
nice if the building could have a nice facade so it wouldn't look
too much like a corrugated/tin appearance. It should look good
being next to the library. But I think that the architecture of
the garage was clever enough that it doesn't look like a garage.
I just hope that with clever use of materials and so on so that it
doesn't look like a recycling center. I also feel that we should
err in the direction of allowing them to expand rather than trying
to squeeze it into too small a space to be able to expand in the
future. I think this will be a growing movement.
David: I disagree with all of you. I think there are other sites
in town. I think there are more convenient sites in town and I
think this in the commercial zone and the FCI zone. There are
other sites. The masterplanning currently calls for the block
which is now the Buckhorn/Bell Mountain Lodge. And the Kraut
property to the parking garage to the city. And that is just with
the masterplan. I would say it is doubtful that parking garage
status right across from City Market would be a real handy site.
Just like this is somewhat handy but not real handy to Clark's
Market and the post office. So I think that kind of location
perhaps underground, perhaps out of site. And I definitely agree
with the comments about the design of this. I would encourage that
some sort of design review to assure that we get some kind of
architectural amenity acceptable to the community.
It was purchased for transportation then transferred to open space
and along that line I agree--first it is transportation and second
open space. If however it were being incorporated into this site
there are ways to do it. I know there is water in the ground. How
much water? How far underground? My guess is that a smaller
structure could be made that is depressed, could be made--perhaps
one that doesn't have a roof. There are several publications in
the last month on green architecture. You can have a sod covered
roof so that it looks like landscaping so it is all natural
elements to further decrease the use of fossil fuels. And to use
solar energy--maybe not for heating but for lighting.
Leslie: Would you like us to explore other options? other sites?
David: I would say that is up to you all. I think they are out
there. It is almost like a traffic generator. It is another
destination point. I just think there is a better way to do it.
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Bruce: I tend to agree with David. If it boiled down to the fact
that this were the only possible site for it I probably would vote
in favor of it. The thought just came to me what about the
sanitation district land down there. I know at one time they were
talking about some housing or something. I don't know what is
going on there. I think there may be some other sites. And I just
hate to clutter up the Rio Grande too much. It is the same
reservations I had a bout the theatre. I just hate for us to build
out that land and not really have thought it out thoroughly.
Sara: until the City Council receives this resolution can they
not act on removing the snowmelt. Is there ongoing search from
staff regarding the snowmelt?
Leslie: Based upon your recommendation we reviewed the snowmelt.
Carol O'Dowd has directed Engineering Dept to put together a matrix
of sites and not to look at it from a quantitative perse cost. But
to look at it from other measures and to try and give the Council
a basis to start pursuing different sites.
Jasmine: Based upon the straw vote the majority of the Commission
favors allowing the recycling center to be included conceptually
on the Rio Grande. I don't think there is anybody who objects to
a better location. But for the purposes of tonight this is where
we are. So our question now is for staff's recommendation to
approve this conceptual SPA.
Leslie: Condition #9 could be "The applicant and the trOlley
applicant work together to develop a site plan".
Roger: #2 is the orientation of the car barn toward the north to
maximize available space for recycling. #3 whatever.
Richard: It could be easily included in
depicting both option #1 which is the largest
shall be included in the final application.
need not include on site parking".
#1. The site plan
and the trolley barn
And just add "which
Leslie: I would rather then just have a list to cover everyone's
comments I think it should include an exploration of other sites.
Bruce: The problem I have with that is once they have got
conceptual SPA approval showing recycle center, their incentive
for looking at other sites is gone. And then it just keeps
mushrooming and the next thing you know we have final approval and
that is the reason I am probably going to vote against it. I
really don't want that kind of thing to happen. I would rather
send it back to them now and say look for other sites and then come
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in and prove to us that there are no other sites.
willing to vote in favor of it. I don't want to
mushrooming and snowballing to point of final.
Then I might be
see it just keep
Jasmine: I understand your concern.
Sara: I agree. It gets in resolution form
mumble.
Jasmine: There are a lot of questions about the recycling facility
that I don't think have been sufficiently thought out even with our
additional language that would be appropriate for a resolution.
Richard: Is the study being done by the waste management company
including a survey of sites in the City of Aspen for a processing
facili ty?
Leslie: They are looking at between Pitkin, Eagle and Garfield
counties. And they are taking into account the entire population
for the counties and where best to locate the facility and what
level of service.
Roger: Concerning recycling I really agree with David and Bruce
and if given a free reign here I would prefer not having the
recycling center here. Is there a way that we can indicate that
in the resolution at this point. In the resolution I would still
-- like to see the WHEREAS's--the primary purpose of the purchase of
the Rio Grande site was transportation. However if there is space
and not interference accessory uses are perfectly tolerated--a
Youth Center for example. I hardly relate that to transportation.
If the resolution has to go forward the resource recycling at this
point could be tolerated if there is no other place to handle it.
Jasmine: I just don't think we are ready to go forward with a
resolution. I don't see how we can.
Leslie: I can in a WHEREAS clause say that you conceptually
reviewed the recycling center and that there is a significant
amount of information that you still want as far as the application
before you give recycle approval of the facility but that you don't
want to hold up all the other things going forward conceptually-
-the trolley line, the art park theatre going before City Council.
We have time before the trolley wants to submit their final
application to direct Jim to go out and get more information and
explore other sites.
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Mari: Would it be feasible to hold off on the conceptual approval
of it and look at it as an amendment to the SPA? I don't remember
approving of an SPA segment before. We look at SPA as a whole
rather than approving part of this and part of that. So I would
think that might be the right way to go about it--Ieave our options
open for that and consider it as an amendment.
Leslie: Which will require review by Commission and Council.
Jasmine: That is a possibility but again we are getting into the
same thing that Bruce brought up before which is that there are
already things on this SPA that were never intended to be on it in
the first place. And somewhere along the line we need to get a
real SPA. And I don't think that we have it.
Richard: I am concerned that the SPA will go forward excluding
the possibility of recycling on the site. I don't want that to
happen either. And I am ready to give it conceptual approval with
the condition that the applicant look at other sites.
David: Rather than eliminating it from the site permanently and
rather than giving it to the site permanently perhaps it could be
granted not a conditional use but a temporary use to be reviewed
annually or bi-annually. And along that line it doesn't
necessarily need to be a structure. I hate to say that because I
like to see as many buildings as possible go wherever possible.
It could be--I really mean a non-structure. It could literally be
a non-structure area with some berms around it on a temporary basis
until such time as a permanent structure is found. We are in the
middle of a City masterplanning process right now and some of the
output of that over the next 6 months to a year might have some
direct impact on this. So I think making a final or giving final
approval or direction to this might be against--well, there may be
other solutions.
I do think this is a great use. I think it is a necessary use.
But I think there might be other sites. So I think it could be a
temporary use with a non-structure.
MOTION
Richard: Concerning the conceptual SPA recycling application-#l
prior to a final SPA application submittal by the trolley
proponents and remove for the resource program--included in
the final SPA application by the trolley proponents a site plan
depicting both option #1 and Option #2 which seems realistic and
the trolley barn shall be included with the final application which
need not include on site parking for the trolley facility.
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And then the second--prior to a final SPA application from the
resource recovery program they shall consider other sites in the
metropolitan area and demonstrate to the satisfaction of the
Commission and Council that this is the best one if it is the best
one.
Jasmine: What is this? Are you recommending approval?
Richard: Yes. And then the other conditions wouldn't apply at
this point because they are staying at the conceptual level. So
there are just 2 conditions.
Leslie: I think so because a lot of the other stuff like
demonstration ____dry well and things like that, those things are
required in a final application and are detailed in final.
Jasmine: So in other
recommending approval of
based on his 2 conditions
words what Richard is doing he is
the conceptual SPA recycle application
and he is eliminating the other ones.
Richard: I am trying to remove it from the recycle application
first condition I read applied to the trolley application but I
don't want to eliminate potential for recycling and then before
the resource recovery program makes a conceptual SPA application
or when they make a conceptual SPA application must review all
potential sites.
Jasmine: What you are basically doing you are tabling their
application.
Richard: Yes.
Roger: I don't read it as that.
Richard: That is my intent.
Jasmine: We are not ruling on the conceptual SPA at this point.
Roger: I wish we would say that then.
Roger: The problem I have with that is that you are putting a
condition on the trolley under the resource recycling.
Leslie: What I would like to do is take the reso and I will
reflect your comments about the recycle facility in that resolution
not as an approval.
Bruce: At the risk of saying the obvious, the resource recovery
people will come back with the Rio Grande site as being the site
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because it is free land. The Bell Mountain is not free land nor
is any other land as they have had access to.
David: That is why saying making a temporary structure that is a
non structure so that at some point in the future if Prince vangar
or his cousin comes to town and wants to donate a site--that is
possible--
MOTION
Sara: I would like to move to approve the resolution--because we
are not dealing with conceptual--to approve the resolution to City
Council minus the conceptual SPA of the recycling center.
Bruce seconded the motion.
Roger: I would like to add that somewhere
the that history of what it was bought for.
with 7th penney.
in the WHEREAS section
We know it was bought
Sara opted not to include that in her motion.
Everyone voted in favor of the motion except Roger and Jasmine.
MOTION
Mari: I move to table the conceptual SPA application until such
time that we have more information regarding the feasibility of
other sites for the recycling center.
Roger seconded the motion with all in favor except Richard.
Jasmine then adjourned the meet in . Time was 7:00pm.
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