Loading...
HomeMy WebLinkAboutminutes.apz.19940816 CJ ~x.: ,..... '- """. - r-' "- RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION AUGUST 16. 1994 Chairman Bruce Kerr called meeting to order at 4:30 P.M. Answering roll call were Marta Chaikovska, Robert Blaich, Tim Mooney, Sara Garton, Jasmine Tygre and Bruce Kerr. Steven Beuttow arrived shortly after roll call. Roger Hunt was excused. COMMISSIONER COMMENTS Bruce reminded staff regarding resolution for David Brown. STAFF COMMENTS Kim briefly went over revision to the Moore resolution. Leslie: Submitted Highlands resolution for Commissioner's scrutiny to be returned as soon as they can. We need to schedule a special meeting with you for September 13, 1994. Cindy Houben is requesting it from 4:00 to 5:00. It will be a joint P&z to go over the AACP Growth Management, Affordable Housing and RO changes for the plan. This will be a noticed public hearing for text amendments. The County P&Z then has to continue on with Highlands. At 5:00 City P&Z will continue with Williams Ranch. We have scheduled September 30th, October 1st and October 3rd for presentation to Council for the Aspen Design _mumble_. This is based upon our overlay zone district. Friday and Saturday may be all-day sessions. presentation to Council. Monday is just the Then- I need to know who will be interested in serving on the sub- committee for the Special Review. We are recommending that we meet twice a month. The first Wednesday of each month and the last Tuesday of each month. Sara, Bob, Steve, Bruce, Marta and Tim volunteered. Mary: The Creektree hearing will not go forward tonight. looking to have this on September 20th. We are MOTION Bruce: Let's make a motion to table and continue the public hearing on Creektree to date certain of September 20, 1994. Jasmine: I So move. Bob seconded the motion with all in favor. PZM8.16.94 ZOLINE REZONING "'.,.-- Bruce re-opened the public hearing. Leslie made presentation as attached in record. Bruce: I have read John Worcester's letter. What it doesn't deal with is the question of whether there is language in that deed of trust regarding impairment of the collateral. By us rezoning that to open space if that somehow impairs the collateral, which is the land itself, that is the security for Mr. Zoline's deed of trust. That is more important to me than the chain of title. The chain of title is fine. That is what we are really getting at. And that is Mr. Zoline' s question is whether if there was some sort of default and his collateral is impaired by virtue of this rezoning, is that a breach of the deed of trust and are we breaching the deed of trust by virtue of taking this zoning action. And John doesn't answer that in his letter. There are two different considerations. One is that as long as the City owns the property it must be used as open space no matter what it's zoning because the funds used to purchase it were open space funds. So there is a legal requirement already in effect for the City to use that property as open space without regard to how it is zoned. ".-.-..... We are going to have to ask the City Attorney if there can be some kind of agreement entered into outside of all the already existing agreements that somehow says that if the City ever does default on this the zoning shall revert back to AF2-PUD--whateverit is now. Or we can find out that by virtue of rezoning this property is not considered to be an impairment of collateral. We are going to find this out from the City Attorney. After further discussion-- MOTION Jasmine: I move that we recommend that City Council approve rezoning of the Zoline open space parcel and highway right-of-way to open space upon annexation into the City subject to resolution of two questions prior to such approval. Those questions being the non-conformance issue of the golf course and the possible impairment of collateral by the approval of this open space. Bob seconded the motion. Roll call vote: Steven, yes, Marta, yes, Bob, yes! Tim, yes, Sara, yes, Jasmine, yes, bruce, yes. Bruce: I think John needs to dig into the lease and dig into the deed of trust more than just looking at chain of title. We know we have a - 2 "-' ,...-;'" PZM8.16.94 - warranty deed and we know Mr. Zoline has a deed of trust. But we need to know what terms the terms of those agreements are and also what the terms of the lease agreement are so that before they rezone it they make sure up to snuff. He then closed the public hearing. MINUTES JUNE 21. 1994 AUGUST 2. 1994 Sara: I move to approve minutes of June 21, 1994 recognizing that the first half of the first tape was inaudible. I also move to approve minutes of August 2, 1994. Bob seconded the motion with all in favor. TEXT AMENDMENTS Bruce opened the public hearing. Kim made presentation as attached in record. ,,,,,"'- Bruce: Can we assume for purposes of this recommendation that any motion that passes has met the criteria A through I? Everybody understands the criteria A through I are and so that any motion that does pass tonight we have duly considered criteria A through I. - After discussion on each of the 12 amendments: #1 MOTION Marta: I move to recommend adoption of the proposed amendment to Section 24-5-212 B.2. Neighborhood Commercial Zone permitted use to food store to food market to be consistent with the term used in the CC Zone and to change the definition of Section 3-101 stating: "Food market means a store which primarily sells packaged, bulk and fresh foods, which may have indoor seating up to ten (10) seats, and no wait service II . Sara seconded the motion. Discussion Marta: I amend my motion to include changes to allow food market to be a permitted use in the C1 Zone District. Sara allowed this for her second to the motion. Everyone then voted in favor of the motion except Jasmine. /..- '- 3 PZM8.16.94 """"" #2 MOTION '--"- Sara: I move to accept the GMQS exemption by the P&Z for net leasable expansion between 251 and 500 square feet. Bob seconded the motion. Bruce: So the net result of this is the Planning Director signs off up to and including 250 square feet. P&Z signs off on 251 to and including 500 square feet. Everyone then voted in favor of the motion. #3 MOTION Bob: I move to recommend the adoption of change of clarification of the affordable housing mitigation requirements for a conversion of a single family residence to a duplex including the deletion of the word "vacant" from Section 24-8-104 (A) (1) (C) to the terminology or the remodel or expansion of a single family dwelling into a duplex dwelling which includes the 8-104 A.1.C. Jasmine seconded the motion with everyone in favor except Marta and Bruce. #4 MOTION "'-- Jasmine: I move to recommend adoption of the proposed amendment which deals with the clarification of net livable area versus "allowable floor area" for measurement of accessory dwelling units (ADU) as outlined in staff memorandum dated August 16, 1994. (attached in record) Sara seconded the motion with all in favor. #5 MOTION Jasmine: I move to recommend adoption of the proposed amendment to change the public notice requirements for text amendments to follow regular ordinance adoption process. Sara seconded the motion with all in favor. #6 (SURVEY) MOTION Marta: I move to add the requirement of a site improvement survey including topography and vegetation showing the current status of the property certified by a registered land surveyor and licensed in the State of Colorado. This requirement or any part thereof may be waived by the Planning Director if the project is determined not to warrant a survey document. Bob seconded the motion with all in favor. - - 4 . --- PZM8.16.94 .,"'........ #7 (BUILDING ENVELOPE) TO BE BROUGHT BACK. #8 (DITCH EASEMENTS) MOTION Bob: I move to amend the definition of "lot area" to exclude open ditch easements when calculating lot area for purposes of determining allowable floor area to include lands covered by open irrigation ditch easement in Section 3-101. Marta seconded the motion with all in favor. #9 (FENCE) To be brought back. #10 (KITCHEN) MOTION Bob: I move that kitchen mean a room or some other space with facilities for cooking for accessory dwelling units as follows: "A kitchen must contain a minimum of a two-burner stove with oven, standard sink and a 6 cubic foot refrigerator including a freezer." Ample ventilation is to be clarified by staff and if it is a requirement of any kind of stove then we don't have to include it in this definition. Marta seconded the motion with all in favor. #11 (FRACTIONAL PARKING SPACE) MOTION Sara: I move to re-word fractional parking space provision as: "When any calculation of off street parking results in a required fractional parking space it may be paid cash-in-lieu or an entire space be provided on site." Bob seconded the motion with all in favor. #12 (OFF STREET PARKING SPACES) There was an in-depth discussion regarding grasscrete. Bruce: This is our green platform here. Let the record show that he (Bob) has influenced us. Bob: I have seen it used in public parking places like in a in. And then on week ends or they use it for other events. public parking places--in VERY LARGE shopping center mall where they put it certain times when cars are not there It is just marvelous. Bruce: And it is another mitigation with our problem with PM10. We are not going to be putcing gravel down. F'........ '--' 5 . PZM8.16.94 ~.d"", - Bob: The gravel just gets scooped up by the City plow anyway. in your planning and talking with people you ought to promote a way to solve paving. There is nothing worse than all this I think this as paving. MOTION Marta: I move to amend Section 24-5-302.A. to read off-street parking must be paved with all-weather surfacing or be covered with gravel for single family or duplex development to allow the use of "grass-ring" type surface. All parking shall be maintained in a useable condition at all times. Steven seconded the motion with all in favor. #13 (CORRECTION OF CODE CITATIONS) MOTION Sara: I move to correct the code citations in Section 24-8-103 D.1. Bob seconded the motion with all in favor. #14 (FAR - CLARIFICATION FOR ADUs) MOTION Bruce: Let the record that we are dealing only with subsection G at this point. "-', Sara: I move to approve the floor area ratio definition clarification for ADUs Section 3-101 to read "The floor area exclusion only applies to the above grade living space of and accessory dwelling unit in the event that the unit has limited below grade space. For purposes of measuring the floor area exclusion the definition of allowable floor area shall be used. - Marta seconded the motion with all in favor. SUBSECTION C: MOTION Sara: I move that floor area ratio definition for ADUs Section 3- 101 shall state: "There shall be no exemption of floor area for garage or carport parking for accessory dwelling units." Bob seconded the motion with all in favor except Marta. Meeting was adj Ol,rned, Time was y Clerk - ""-" 6