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HomeMy WebLinkAboutminutes.apz.19850319 Asoen Planning and Zoning Commission March 19. 1985 Chairman Harvey called the meeting to order at 5: 05 p. m. with members Jasmine Tygre, Welton Anderson, Roger Hunt, and Mari Peyton present. COMMISSIONER COMMENTS Harvey reported on the master plan for Aspen Mountain as discussed at the county P & Z. The county decided to make it a strong recommendation rather than a condition that Little Nell lift remain on the mountain, that it not be run during the first two hours of the morning beca use it would increase uphill capacity, that it will serve special events on Little Nell. Harvey said the county is working with the Ski Company to agree to 46 parking spaces, participation in a structure, or equivalency dollars in a transportation plan. There are 30 spaces up by lift lA, which will remain public parking. Harvey said the county decided summer and night time use would not be permitted but would be allowable under further reviews. Alan Richman said they feel the use is appropriate if the impacts can be mitigated. ASPEN MOUNTAIN LODGE - PRELIMINARY PUD/ SUBDIVISION - Harvey opened the public hearing. Harvey entered into the record a letter from Bob Beattie, World Wide Ski Corporation, about the finish areas and the press facility for the Aspen winternational. These are a weakness that casts a shadow on an otherwise outstanding effort. Beattie suggested developing a finish area in the bowl which was used as the old ski jump run out. Beattie suggested a community building be built beside the finish line to serve as the timing building, press room, VIP, and to provide office space for the athletic organizations when not used for World Cup. Alan Richman, planning office, said the memorandum covers four na tural hazards issues, miscellaneous conditions of approval and condominiumization. Richman said the first hazard is potential mine subsidence, the appl ication summar izes the resul ts of this study. Richman pointed out the mine subsidence study was a literature review, not an on-site study. Richman said the study finds that this project is a significant enough di stance away from the underground workings that there is an adequate safety zone. (White arrived at the meeting). Ms. Tygre asked what a literature review means. Richman said it is going into the records of people who have done analysis of where mine shafts were placed in the area and analysing the historical records to determine if any shafts cross the site. Richman said the on-site work could not be done during the winter season and it would be a reasonable request that before the I ,. '-.. ;' Asoen Planning and Zoning Commission March 19. 1985 building department issues any permit for the site, the specific information be available. Jay Hammond, city engineer, told the Boards the geological survey will go to the site, use the literature rev iew and dr ill test holes. John Dor emus, representing the applicant, asked if this requirement pertains to the lodge site, which has always had structures on it. Richman said he was referring to the Top of Mill site. The second hazard is contaminated soils, and Chen and Associates conducted a study using EPA standards to determine toxicity of soils. Three particular areas of the site were studied corres- ponding to where the concentrations are supposed to be. The areas are the southern most portion of the site; middle of the site; and Summit street. Richman said as one moves closer to town, the third site was not found to be toxic, the other two were. Chen suggested several SOlutions, and decided using the soils on the site, it would be best to corne up with a cut and fill plan to cover the soils. Richman said this is similar to the way this problem is being handled at Centennial. The recommen- dations from the state were to cover with topsoil, plant with grasses, cover with asphalt. Richman said the proposal for this project is to cover and contour the site. Torn Dunlop, environmental health director, has two important concerns. One is if the EPA comes in and designates hazardous sites around Aspen, it is important that the soil from Top of Mill has not been moved elsewhere. Richman asked that material from Top of Mill not be part of the excavation material that gets moved elsewhere. The second concern is the potential for water to drain into the site and to leech into the ground and contaminate the ground water. Richman said there is a proposal to have a retention pond on the site. The proposed site for the retention pond has not been tested for contaminated soils, and if it is this needs to be addressed. These should be conditions of the Top of Mill approval. Doremus said the applicant has a problem with the condition that no soil be removed from the Top of Mill site. The present plan calls for a substantial amount of soil to be removed. Doremus suggested the applicant would agree to removing no hazardous material and will monitor the program. Doremus said between 20,000 and 30,000 yards have to be removed, and it is clear some materials will have to be removed from the site. Doremus presented a map of the follow up study done by Chen and Associates, showed where the highest area of contamination is and where it is not. Doremus showed P & Z where they want to remove the soil. Doremus said he would like to agree to be able to remove non-contaminated soils. 2 Aspen Planning and Zoning Commission March 19. 1985 Richman said he feels the environmental health department would be amenable to moving uncontaminated soils. Bob Nelson, environ- mental health department, said more study and more information on the location and thickness of tailings needs to be done. (Ms. Fallin arrived at Chambers). Richman said the site may be broken into regions of contaminated and uncontaminated soils. Harvey asked about the surface water problems. Richman said he would like to have this reviewed. Harvey asked what happens if there is contaminated soil in the area of the proposed retention plan. Doremus said the project has a drainage plan. There is a drainage problem related to the contaminated soil. There is also the "big" drainage problem requiring a retention pond on site. These are two different problems. Harvey said the retention pond should not be built on contaminated soil. Doremus said the suggested mitigation measures for dealing wi th the drainage are to stabl ize it by ei ther resloping or cribbing it, to cover and vegetate the area. At the top of the dump, the applicant will have to do some trenching in order to divert the ordinary flow of water. Richman said he wants the environmental heal th department to look at soil s in the area of the retention pond, and demonstrate there is a not a hazard. Richman said he will present language in the resolution. Richman said the other natural hazards are storrnwater drainage and hazards on the mountain. This also takes into account on-site drainage questions, which was not resolved pending the resolution of the larger drainage problem. Richman said the staff feels the applicant has adequately dealt with on-site drainage concerns. The question is the interface of that with the off-site problems. Richman said because the Chen study did not start until after the critical period of the year, it was impossible to corne up with the information about the critical period and there are no conclusive answers. Richman said the critical period is corning; Chen will study this area during that period. Richman said the Commission should not make specific decisions on this area until after the study. Harvey said the geologic hazard does not belong to this applicant, but their construction will be in the path of the geologic hazard. If the report does say the land is unstable, what is the position of the Commission. Richman said the important thing is to know the extent of the hazard and to be able to design for it. Richman said the applicants have concluded the area is not so unstable they cannot build. Richman said the staff is trying to understand the magnitude of what the applicants have to solve. Doremus said there is an area identified as landslide area, there is also unstable area. The Chen report states they are prepared 3 Aspen Planning and Zoning Commission March 19. 1985 to say this area is small and localized, and shallow. Doremus said the reports indicate this area does not pose any threat to the developed or proposed to be developed area. Doremus said this cannot be proved until after the critical period. Richman said originally the lodge and residential portions of this application were integrated because people wanted to see the entire project. Richman said the integrated planning has been addressed and the maximum build out is known. Richman said the process can move forward, and the Top of Mill portion can be held back. If P & Z agrees, they should send that message to Council. Hunt said he is concerned about the potential geologic hazard, and asked what the city's liability in approving this project is if in the future a catastrophe destroys the project. Mark Uhlfelder, assistant city attorney, said he has researched this issue and as long as the city investigates the hazard, there is no liability. Hunt asked if the city has the responsibility to inform potential buyers of this hazard area. Uhlfelder said he is not aware of any responsibility. Alan Novak, applicant, told P & Z they are very conscientious of what they are doing in this area. The applicants are taking reasonable care. Chen examined the site and they discovered less hazard than anticipated~ Harvey said the city is obligated to inform buyers of the units of the potential geologic hazards. Richman said the staff is not requesting preliminary or final approval of the Top of Mill portion of the project. Novak requested preliminary approval be gi ven to the enti re proj ect with a condition that a building permit cannot issue for Top of Mill until the data collection is complete. Richman said staff is not willing to accept this request, it would be irresponsible of the city to act on the Top of Mill. The geological study needs to be part of a public review process. P & Z and Council should not be approving this part of the project until the data is received. Harvey said the does not feel P & Z can give approval to Top of Mill portion of the project. Doremus said the applicant is concerned about preserving where they are wi th the Top of Mill project. Richman suggested drafting two resolutions, one for Top of Mill and one for the rest of the project. Novak said they would like to keep what they have earned through this process, and they have earned everything but the data collection. Novak said he would like it made clear that the Boards can only look at thi s one issue. Harvey said this should be forwarded to Council for them to start their meetings, except for the Top of Mill portion. Richman said it is not unusual in PUDs not to have the plan finalized for the entire PUD. Richman said he has no problem with taking this forward to Council, and stating preliminary approval is granted 4 Asoen Planning and Zoning Commission March 19. 1985 for all residential projects with the exception that preliminary approval will be granted for the Top of Mill site at such time as this once condition is met. P & Z agreed with this proposal. Jay Hammond, city engineer, said he has just received the specifics on the detention bases. The plan only addresses the drainage onto this site, which is appropriate in this development. Hammond said any drainage issues raised through the Chen study should occur on the sites where they are needed. Richman said the staff has received an application for subdivision exception for the Koch lumber property to be split into two sites; one as a gift to the city, the other as part of the trade for the Capitol Hill addition lots. This will be dealt with by Council as part of the final plat. Richman said the applicants have committed to construct a new ski club building when the existing one is torn down. The applicants and ski club are in the process of finding a site. The site shown most desirable is the volleyball courts in Willoughby park. Richman said he is not wild about loosing the volleyball courts. Richman suggested working with the ARA building (the old lift IA building) for a site. Richman presented a map showing the proposed locations. Harvey said the ski club has sent criteria for replacement of their building, and asked their reaction to the proposals. Richman said the ski club is positive about the direction. Harvey asked if the applicants have spoke with Bob Beattie. Doremus said they have not had any conversations. Novak said the applicants are amenable to discussions. The land Beattie refers to is conservation land which the applicants are donating as an open space easement. Richman said the ski club is looking for a solution, which they can easily move into at time of demolition. White said he does not want to replace the volleyball courts with a building f or the ski club. White said the lots where the ARA building seems to be a good solution. Harvey suggested Richman talking to the parks department to see if there is a possible relocation area for the volleyball courts. Ms. Tygre said it is nice to have the volleyball courts rights in town. Harvey said taking away the volleyball courts is unacceptable, relocating them is acceptable. Hunt asked about the possibility of an addition to the ARA building. Richman said that is his preference. Richman said the location of the ski club does not affect this application process. The applicants are committed to build a building but were not requested to come up with a site. Ri chman concu r r ed with the appl icants request for subdivision exception for the purposes of condominiumizing 700 South Galena, Summit Place and Top of Mill, and exempting the units from the six months minimum lease provision. Richman said the intent of 5 fi"". Asoen Planning and Zoning Commission March 19. 1985 this area of the city is for short term uses, and it is reasonable to exempt this project. Hunt would like added the possibility of disclosure to future owners of the hazard situations that may exist, just for the Top of Mill. Doremus requested this be addressed when the Board looks at Top of Mill. P & Z agreed with this. Richman said the 8040 greenline review will also be deferred. Harvey asked if the Commission had concerns about exempting this from the six month minimum lease. The Commission had no problems. Richman said he would prepare a resolution and bring it back to the April 2nd meeting. Harvey continued the public hearing to April 2, 1985. ASPEN AREA COMPREHENSIVE PLAN - ENTRANCE TO ASPEN Torn Baker, planning office, presented the resolution and drawings of the alternatives and requested comments on the resolution and on the request the alternatives for the entrance to town be placed on the May election ballot. Baker said they plan to have drawings of the alternatives at the polling places and a reduced drawing in the actual ballot. The ballot will address a four lane divided highway on the existing right-of-way with a planted median, softening the curves. The other alternative is a new alignment. If a preferred alternative is selected, the voters will authorize the Council to work with the department of highways during the EIS process to assure the appropriate design measures and compensation for open spaced are achieved. Anderson in the November election it was obvious the voters wanted a four lane from Brush Creek to Aspen, no reference of Main street was made. This was not an issue. Ms. Peyton agreed the voters in November were not voting for a four lane all the way to 7th and Main. Ms. Fallin said the cars have to go some- where. Ms. Fallin said she thought the P & Z decided that "do nothing" was not an alternative. Baker told P & Z the highway department is waiting for a consensus from the community. Hunt said the ci ty needs a vote to give a direction on which route the public wants used into town. Hunt said two lanes are not acceptable and a "do nothing" alternative will not give the ci ty satisfactory direction. White agreed with Hunt and Fallin and said it is imperative this go on the May ballot with two alternatives. Ms. Tygre agreed with White. Harvey said the city does not have a voter reaction to four laning this approximate 200 yards. Harvey said the P & Z agrees there is a serious traffic problem. The abrupt change from four to two lanes will not ease the problem, does not give options for a busway. Harvey said if the voters are given the option to "do nothing", they will probably pick that one. 6 Asoen Planning and Zoning Commission March 19. 1985 Anderson suggested three lane option, two lanes in and one lane out. Harvey said this has been discussed before and is a good option except in the mornings and afternoon when there is intense two way traffic between skiers and employees. Harvey said 5 members are in favor of the two alternatives on the ballot. Jay Hammond, city engineer, said the traffic committee agreed the "do nothing" approach was a concern. The traffic committee took the 4 to I mandate in November regarding a four lane to indicate the voters wanted the entire road four laned and not leave a bottleneck in it. Hammond said the traffic committee may recommend to Council the third alternative be "do nothing" as three choices, pick one. Harvey said that gives the potential for 1/3 on each of the three alternatives. Hammond agreed with the concern, and they prefer two, four-lane option questions for the ballot. Harvey reported at the public hearing on this issue, there was support for the final two options. Harvey encouraged the staff to set up some neighborhood presentations for an educational effort. Baker told the Board the department of highways will study the environmental impacts. White suggested adding in the resolution some statement about having neighborhood meetings with the traffic committee and/or P & Z. Baker told P & z that it will be incorporated into the ballot question that the state must compensate the city for any alignment through city's open space property, either by trading, landscaping, or funds. Hunt said the city should be planning for the future a back door access to Cemetery Lane. Ms. Tygre moved to approve Resolution 85-5 with the inclusion of neighborhood presentations in the last section; seconded by Ms. Fallin. All in favor with the exception of Anderson and Ms. Peyton. Motion carried. SPA PROVISION COMMENT TO CITY COUNCIL Harvey said this resolution lets Council know how they feel about this deleted sentence out of the SPA provision. The Commission added "for legal reasons" to the end of the "Be It resolved" section. "the Commission as a whole realizes that said sentence cannot remain in the Ordinance for le9al reasons". Ms. Tygre moved to approve Resolution 85-4 as amended; seconded by White. All in favor, motion carried. AGATE COURT PROJECT PUD/SUBDIVISION Colette Penne, planning office, said this is located at all of block 17, containing 54,000 square feet and is zoned R-6/PUD. The Stevenson Building Company made a proposal to Council for six single family dwellings and two duplexes. P & Z had some problems 7 Asoen P1annina and Zoning Commission March 19. 1985 with the maximum FAR and maximum height applicant not to go for maximum bulk. Company did not exercise their option on went back to ownership of Butch Clark. Ms. penne told the Board in October 1984, Torn Wells requested the removal of the PUD designation for this parcel. P & Z was reluctant to do that and indicated their major concern are the lots closest to 7th street as this is the initial visual entrance to town. Ms. Penne said Clark wants to subdivide the property and sell individual lots, have people design their own homes. Ms. penne said the P & Z previously had said they want to see the design on any structures closest to 7th street. Ms. Penne said at this point, the discussion is at a very conceptual level. There is a problem with the highway alignment. and suggested to the The stevenson Building this property and it Ms. penne said if the highway issue does not get on the ballot this May, there will be time spent on this application without knowing the outcome of the highway alignment. Ms. penne said lots A,B,K,L will be at the 67 decibel level, which the federal government says is not suitable for habitation. The staff cannot recommend that the P & Z approve development in what might be an area requiring compensation. Ms. Penne said having a PUD on the property gives several options. P & Z could require a 60 foot buffer and move the development back from the street. This block could have ten units. An option would be 8 units with a larger FAR. Another option would be to define building envelopes at different angles, which would save some really large trees. Ms. Penne said on the other side, standard townsite lots would fit in with the neighborhood. Harvey said the prudent way to proceed is to assume that the highway will be expanded on the existing alignment. Harvey said if the new alignment is approved, an amended PUD would be accept- able. Ms. Penne pointed out there is an active, on-going planning effort on the highway, and it might greatly impact this property. Ms. Penne said the timing is unfortunate for the city and the applicant. Ms. Penne said to be fair the applicant, he should be allowed to go through the process in some way to accommodate him and allow him to sell the lots. Ms. Penne said the present condition of the property has been a concern for some time, and allowing redevelopment is in the interest of the visual impact at the entrance to Aspen. Torn Wells, architect for the applicant, said the applicant wants to meet the requirements of the PUD and sell the lots. Wells said Clark plans to sell the lots with the footprint. Clark could hold the four lots until after di sposi tion of the highway. Ms. Penne pointed out by tearing down the existing Agate and not condominimizing, the applicant will avoid providing employee 8 Aspen Planning and Zoning Commission March 19. 1985 housing that is being provided. If the applicant were to condo- miniumize immediately, he would have to provide II bedrooms of employee housing. Harvey said if the highway remains two lanes on the exi sting al ignment, the goal of the P & Z in the PUD was to have a large landscaped area. Harvey said if a four lane on the existing alignment is approved, not only will this property be impacted, but the P & Z will want additional setback for landscaping. Wells said if the conceptual plan is agreeable, the applicant could move towards getting some financial burden off him. Harvey suggested the applicant being able to do the six lots, and if the new alignment becomes the right-of-way, the applicant can do the two duplexes. If the existing alignment becomes four lanes, the applicant will lose those two duplexes because the applicant does not want to do a PUD cluster-type development. Harvey said if the applicant opts for 6,000 square foot lots, they are limiting the number of options. Harvey said he would prefer to see this block in the same scale of the west end. Wells said the P & Z should respond to Clark, realizing the risk the applicant is taking if he wants to stick with this proposed subdivision. If the applicant wants to wait until he has the entire answer, at least he has a chance. Doug Allen said the applicant could accept the six single family lots, with two duplex lots on the end. If plan D is accepted, the applicant can have two duplexes. If plan B is accepted, the federal government has said it is undesirable to live within the first 60 feet. They have not prohibited development, and is willing to waive compensation and the applicant could be allowed to use the east 60 feet of that 90 feet. Harvey asked if the applicant is going to request FAR and height variances. Allen said no. Harvey asked the Commission if the dupl ex lot s can be put on hold, that a 6,000 square foot lot proposal with existing FARs and heights is appropriate. Hunt said he would be more comfortable with four lots. Allen said the highest and best use for the developer and the community is to do the traditional west end-type development. Allen said the concern is the city approving this, knowing about the highway issue, and having to pay in the future. Allen said the applicant would be willing to waive compensation. Ms. penne said another concern is the question of whether what is proposed for a buffer is what the P & Z wants if there is a four lane in this location. Harvey said if someone wants to live in this location, that is their decision. Harvey said his concern is for an adequate landscape. This property is important visually to the community. Ms. penne said the applicant has not committed to alley access, they want to option for curb cuts for 9 /~.. Asoen Planning and Zonina Commission March 19. 1985 the single family lots. This is not supported by the staff. Wells told P & z this project will be called Agate Court, they will improve the alley some, and landscape it. Wells said they would like the flexibility depending on the lots and their location. Wells said it will take a creative solution to keep the trees, and the trees are important. Ms. Peyton asked how the FAR is calculated in a PUD. Harvey said the owners would get the same FAR for any lot in an R-6 zone in the city. Harvey said the PUD is on this parcel because the P & Z wanted some control on the entrance to town. Hunt said he would approve giving them the 4 lots, removing the PUD and retaining the PUD on the west half of the parcel. After solving the entrance to town, the applicants can proceed from there. Harvey said if the PUD is removed, how will the city control the under grounding of utilities and the removal of trees. Ms. penne said the P & Z has special review of tree removal of trees over 6 inches. Harvey said he would like to see the landscaping plan, wants more setback on the duplex lots. White said it concerns him to do anything with this property until the highway question is solved. White likes the concept of 6 lots, being traditionally west end. Wells said the applicant is aware of the risk. Ms. Tygre said she is not thrilled with the design of the duplexes. Ms. Tygre said she would not want to remove the PUD on any of the lots. Ms. Tygre said the reason for the PUD was to give the applicant the flexibility to be able to compensate for giving the city more buffer on the west side. Ms. Tygre said she would prefer clustering and feels the traditional west end solution is not appropriate. Ms. Tygre and White would prefer to do nothing until the highway issue is decided. Anderson, Ms. Peyton and Ms. Fallin favor doing the six lots and holding the duplex lots. Hunt prefers subdividing off the easterly four lots, leaving the westerly half in the PUD. Harvey said the six lot split would be the best way to go. If someone does six family residences on those lots, they will be controlled by FAR and height. Anderson moved to table this issue to April 2, 1985; seconded by Hunt. All in favor, motion carried. Hunt moved to adjourn at 8:00 p.m.; seconded by Ms. Tygre. All in favor, motion carried. K~~i~~ 10