HomeMy WebLinkAboutminutes.apz.19851008
REGULAR MEETING
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
Chairman Welton Anderson called the meeting to order at 5:03
p.m. with Commissioners' Jim Colombo, Al Blomquist, Jasmine
Tygre, Roger Hunt, Mari Peyton, and Ramona Markalunas present.
MINUTES
AUl1ust 20. 1985: Tygre moved to approve the minutes of August
20, 1985; Hunt seconded. All in favor; motion carried.
AUl1ust 27. 1985: Hunt moved to approve the minutes of August 27,
1985; Blomquist seconded. All in favor; motion carried.
Septe.ber 3. 1985: Colombo moved to approve the minutes of
September 3, 1985; Blomquist seconded. All in favor; motion
carried.
PUBLIC BEARING
V. MARX REZONING
Anderson told the Commission that this application had been
withdrawn. Anderson opened the public hearing. There were no
comments, therefore, the public hearing was closed.
NEW BUSINESS
ASPEN MOUNTAIN POD AMENDMENT
Steve Burstein, planner, explained the applicants request to
exchange employee housing unit locations. The Planning Office
evaluated this from three points of view; how well it meets the
housing needs and the qual ity of the housing, the amenities
provided, and the parking situation. The first two categories
the Planning Office feels have good solutions, parking they fell
is inadequate. Burstein said there was a lack of 13 on site
parking spaces. The Planning Office recommends approval provided
the 13 parking spaces can be provided in an area near enough to
be of se rv ice.
Joe Wells, applicant, said the difficulty in housing 200 employees
is to take out an option on a parcel of land large enough to
make a significant dent in that requirement is an expensive
undertaking. This project has already lost a $150,000 option on
the Benedict parcel, the proposal not being excepted by the
Planning and Zoning Commission. Not wanting to do that again they
got a consent from John McBride (Airport Business Center manager)
to a joint application for the Airport Business Center proposal.
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REGULAR MEETING
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
That solution became the employee housing proposal. When that
occurred the rules changed for the Business Center. Because the
rules changed they looked for other options and concluded that it
is changing the ABC project, has been a viable alternative
financially, and the Ute City Place project, which was an expensive
solution. This proposal is a conversion of existing units at
Hunter Creek. One of the perceived cons at Hunter Creek, in the
eyes of the Planning Office, was the parking situation. We are
unaware of any significant problem, in terms of parking, and have
a commitment to 1 space per unit which historically appears to have
worked. However, we do not have any more options, in terms of
more parking, on the Hunter Creek site. We are asking the
Commission to consider all of the pros and cons of the exchange.
All things considered, we think this proposal is a very viable
al ternative.
Hunt asked if the applicant was planning on addressing the 8
deficit parking spaces on the lodge site. Mr. Wells replied that
there were 8 extra spaces on the Ute City Place site which they
intended to make available for off site use. Since they are now
proposing to eliminate that element they thought it fair to
address the loss of the 8 spaces in the first phase, with on site
parking, and when the second phase of the lodge proceeds they
will have to either incorporate them into the structure or
provide them in another acceptable location. Burstein said the
problem was that Ute City Place, which is being replaced, was
addressing part of the problem at Alpina House and Copper Horse
where there is a severe shortage of parking, thinking the Copper
Hor se was the more severe of the two. Burstein added that they
are short 17 and 1/2 spaces and the Planning Office feels they
will park on the street causing a burden on the neighborhood.
Tygre said this did not bother her because she did not ever
believe the Copper Horse employees were going to park at Ute City
Place to begin with because that is not a practical solution to
their problem. She thought it was obvious that Hunter Creek
itself, for the employees that would be living there, is not a
problem. The best location for off-site parking for the Copper
Horse would be where they work and the same thing with the Alpina
House. As a practical matter she did not think there would be a
piece of land near the Copper Horse that anyone would want to
turn in to an employee parking lot. There really is no good
sol ution, therefore, the sol ution proposed seemed as reasonabl e
as any. Hunt agreed. Blomquist asked if Hunter Creek assigned
the parking spaces. Wells replied no, they are handled with a
permi t system.
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RECORD OF PROCEEDINGS
REGULAR MEETING
PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
Peyton said she was against waiving the parking requirements for
employee housing. Anderson said he thought the location of the
Hunter Creek housing was superior to the Airport Business Center,
the ready transportation will mitigate some of the concerns and
the physical proximity is much better. Anderson had no problems
with the change. Tygre said it would be helpful to have a
statement from the Hunter Creek management that they will commit
to allowing this number of spaces on the property. Wells said
it would be committed to in their declaration.
Burstein said that the basic PUD document should be amended to
reflect what ever changes are approved at this meeting. Hunt
commented that approximately 15 spaces had been lost from the
previous application, which is a significant number. Because of
this Hunt said he would rather have a commitment from Hunter
Creek of one space per bedroom. Blomquist asked if it would be
reasonable to ask for a gain of 15 spaces at the Alpina House and
Copper Horse. Peyton said she thought the real problem was car
storage. Alan Richman, planning Director, said the Commission
did not have to design a solution to the problem but if there was
an appropriate condi tion it should be added. Hunt suggested
requiring, if there was not a solution found in any other place,
that it be placed on site for phase 2 of the project.
Motion:
Blomquist moved to recommend approval subject to the condition
that 13 additional parking spaces be located on sites near the
Alpina House and ute City Place for use by the residents of the
two projects, and that this condition should be met prior to the
compl eti on of Phase 1 of the hotel, and that the additional 8
spaces at the Aspen Mountain Lodge would not be necessary, and
that the PUD documents would be amended appropriately; Peyton
seconded. Blomquist and Peyton in favor, all others opposed,
motion NOT carried.
Motion:
Peyton moved to recommend approval of the proposed Hunter Creek
employee housing alternative subject to the condition that 13
additional parking spaces be located at sites near the Alpina
House, Ute City Place, or on the hotel site itself as part of
Phase 1 of the hotel, and that the basic PUD document be amended
to show this change; Hunt seconded.
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REGULAR MEETING
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
Discussion:
Tygre said she would also like to include documentation of the
number of spaces at Hunter Creek. Peyton and Hunt agreed to
amend their motion and second to reflect that change.
All in favor; motion carried.
PRIVATE- INITIATED CODE AMENDMENT
SPA REGULA'.rIONS
Alan Richman, planning director, explained the request to amend
Section "j" of the newly adopted SPA regulations. Richman said.
this matter was discussed at great length when the Regulations
were being w ri tten and as they are now was the resul t. It was
Richman's opinion that if the applicant submitted the GMP in
association with Conceptual SPA the Commission would be reviewing
a very schematic design and one which very likely would be
changing significantly at the Precise Plan level. Richman added
that he thought the Commission made the right decision deciding
that GMP should be done at the Precise Plan level but was also
sympathetic with the arguments made by this applicant. The
Planning office recommended no change to the ordinance.
Joe Wells, applicant, said he disagreed with the presumption that
once an applicant has a quota then he has a project. He did not
feel that was the case for full PUD, Subdivision, someone required
to file a precise plan, or subsequent review processes under
SPA. Wells said they were asking the Commission to consider
giving the applicant the option of filing the GMP prior to
undertaking vast dollar amounts of work in the project. The
option of not having to expend the vast amounts of money without
any indication that there is a possibility of an allotment. It
seems if an appl icant chooses to lengthen the process time in
exchange for not increasing the cost is a reasonable option.
Richman said his concern was that the Commission may feel if the
project has been through conceptual and GMP they can not turn them
down, which is not correct but there tends to be a momentum with
projects that both P&Z and Council begin to feel they can not
turn down a proj ect after it has gone through conceptual and
GMP. In addition, Richman thought it was inappropriate to make
GMP decisions in what he would consider to be a vacuum because it
creates that momentum.
Tygre said she has felt uncomfortable with multi-year allocations.
The number one problem is with the whole idea of multi-year
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RECORD OF PROCEEDINGS
REGULAR MEETING PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
allocations because we are still in limbo as far as an overall
planning problem. Hunt asked if there was a possibility of
hav ing the GMP rev iew between conceptual and precise or would
there be a shortfall of information needed to make a decision and
would there have to be a whole new set of guidelines. Richman
said the GMP, in terms of level and detail, is between conceptual
and precise, therefore, there would be no need to rewrite the
process. Blomquist said he did not see how fire, drainage,
etc. could be scored without precise information. Wells responded
that they would still have to provide all of the normal information
that a GMP requires. Barry Edwards, City Attorney, said he
thought the applicant was asking for an option at his own risk,
which seems to be an acceptable solution from a procedural point
of view.
Motion:
Blomquist moved to recommend to City Council denial of this
privately initiated Code amendment; Tygre seconded.
Discussion:
Tygre said this is an area that should be worked on and possibly
come up with something better rather than go on approving privately
initiated code amendments.
Anderson asked for a roll call vote:
Colombo nay
Blomquist aye
Tygre aye
Hunt nay
Peyton aye
Markalunas aye
Anderson nay
Four in favor of denial, three opposed; motion carried.
BARKER/NORDIC COUNCIL 8040 GREENLINE
Steve Burstein, planner, explained the two requests and outlined
the areas on the map. Blomquist commented that the Aspen Chance
Park was not shown on the map. Burstein said there had been
numerous comments regarding the environmental hazards and service
related problems in developing both the Nordic trail and driveway.
The Planning Office recommends approval with mitigation (conditions
listed in the planning office memorandum dated Oct.2, 1985).
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RECORD OF PROCEEDINGS
REGULAR MEETING PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
Burstein said he did not think the Planning Office would recommend
approval of the Barker driveway if the Nordic trail were not also
requested because they already have access that was approved
in a prior 8040 Greenline review. However, based on the benefits
from completing the Nordic Trail, this would seem to be the most
compatible route. Burstein reviewed the conditions for approval
on each proposal (outl ined in the Planning Office memorandum
dated Oct. 2, 1985).
Craig Ward, Nordic Trail appl icant, addressed the conditions of
recommendation. Mr. Ward had no problem with conditions #1
through #3. Mr. Ward said he would have to consul t their insurance
company regarding condition #4 and also was not sure if the
applicant was who should be responsible for the liability.
Barry Edwards, city attorney, said the City was going to own the
trail and have an easement. The City is insured and if the
Nordic Council, as an administrative arm of the City, carried
insurance that covered against potential damage that is great but
he did not think the Commission could require them to give
us a document that waives damage to the City. Blomquist said he
thought it was clearly a City responsibility. Brooke Peterson,
Barker appl icant, said there was a new portion of the trail
that goes across Lot 3 that is not an existing easement and what
they (the Barker's) would be granting to the City to complete the
trail system. Edward's said he had the same observation with
condition #7 on the Barker recommendation for approval.
Regarding condition #5 of the Nordic Trail approval Markalunas
asked if it was wise to put a trail in a known avalanche path.
Mr. Ward responded that Greg Mace posts signs, alerts people
if there is a high danger, and no one can ski through those
avalanche zones, which is what they plan to do.
Mr. Ward said, regarding condition #6, the City has a Forest
Service permit for the Ute Rock Trail and the Forest Service said
once the driveway was given another access then the City would
apply or extend their permit.
Mr. Peterson said he had no problem with condition #11 of the
Barker approval. With respect to condition #10 he thought was
in conflict with the general goal, to preserve as much of the
natural landscape as possible, but had no problem with the fire
sprinkler system as long as the language was broad enough to deal
with the fire concerns. Mr. Peterson said he had no problem with
conditions #2 through #6. Regarding conditions #8 and #9
Mr. Peterson questioned if he could give the City documents
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REGULAR MEETING
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
waiving City liability for avalanche damage and harm to people
using the driveway. He suggested maybe giving the City an
indemnification, holding the city harmless. Mr. Peterson said
overall the conditions were acceptabl e.
Blomquist said City Code, review criteria #8, says roads should
be minimized and increase open space. This application creates a
4 lane highway. Mr. Ward said he thought the problem was one
that was caused by a former review process in saying the road in
question was both access and trail easement. Mr. Peterson
said it is at least 40 to 50 feet up to the building envelope,
and it is straight up. To cut a driveway would not only be
visually destructive but probably physical impossible. We will
not be creating a 4 lane highway because we are planning to close
the existing access to everything except cross-country
skiing/recreational trail use.
Gaard Moses, neighboring property owner, said he uses the road
f or access to his house. In addition, Mr. Moses said he had a
problem with the 10 foot right-of-way unless it was absolutely
necessary. It is currently a 4 foot trail which Mr. Moses did
not have a problem with and felt was sufficient. Ten feet is a
road and Mr. Moses saw no reason for it. Colombo asked what the
reason was for the 10 foot trail. Mr. Ward replied so a machine
could go through there to pack the snow.
Hunt said he did not know if a 10 foot trail was appropriate on a
mountain side. Hunt also expressed concern with the City's
liability of approving this building site. He did not see a
condition included holding the City harmless from allowing
building on a site that is potentially dangerous. Mr. Peterson
said they were not asking for approval of a building site but for
approval of the acce ss road. In add i ti on, Mr. Peterson said
Hunt's concern regarding liability should have been looked at 15
years ago when the city approved the subdivision.
Motion:
Tygre moved to recommend approval for the portion of the Nordic
Council Trail on Lot 3, Hoag Subdivision, subject to conditions #1
through #3 as indicated in the planning office memorandum (dated
October 2, 1985), deleting condition #4, condition #5 as written
in the memorandum, and changing condition #6 to say that the City
will extend the existing Ute Rock Trail permit from the Forest
Service. Tygre also moved to recommended approval for the access
road for the Barker Greenline review SUbject to conditions
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REGULAR MEETING
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
outlined in the planning office memorandum, deleting condition #7
and changing #10 to read "fire mitigation measures should be
addressed when the structural plan is submitted"; Peyton seconded.
Discussion:
Hunt asked if this was going to allow a trail width of 10 feet
without further review. Anderson said, based on the location and
the usable area, it will probably end up being a 4 foot trail.
Blomquist thought it should be looked at from open space, capital
improvement quotas, and responsibility, should this be purchased
by the City. Blomquist thought this should be tabled until a field
inspection and review could be done.
Anderson asked
Colombo
Bl omq ui st
Tygre
Hunt
Peyton
Markal unas
Anderson
for
aye
nay
aye
nay
aye
nay
aye
a roll call vote:
Four in favor, three opposed; motion carried.
RESOLUTION 185-20
YOLK BUILDING GMP PROJECT SCORE and
POTENTIAL PUBLIC PURCHASE COMMENTS
Anderson explained that this is a resolution to Council, to
accompany the scor ing of the proj ect, to let Council know that
although it is scored with a passing grade the Commission does
not necessarily think that the corner is not important to the
community in other respects and that the possibility of it
becoming City owned should not be ignored. Markalunas asked why
this should be community property. Anderson responded that a
message was being sent to Council that the Commission considered
more than just the commercial application, that it is potentially
an important corner should there ever be mall expansion on Cooper
and Galena, and that just because this was scored with a passing
grade is not necessar ily how the Commission fel t.
Blomquist said he did not think the Commission should pass this
re sol uti on. The State law says we should do a capital program
and consider the alternatives. In addition the money for the
property could be better spent in other areas. Anderson said the
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RECORD OF PROCEEDINGS
REGULAR MEETING PLANNING AND ZONING COMMISSION OCTOBER 8. 1985
purpose of doing this, at this time, is to say that we have some
serious reservations about this being 100% appropriate for
commercial development and that there are other interested
parties wi thin the community that feel it definitely should not
be. We are saying lets not send a message that we think it
should absolutely be commercial but that it should be looked at.
Motion:
Hunt moved to adopt Resolution #85-20; Tygre seconded. Blomquist,
Peyton, and Markalunas opposed, all others in favor; motion carried.
PUBLIC BEARING
ROARING FORK EAS'.r NEIGHBORHOOD MASTER PLAN
Tygre moved to table the Roaring Fork East Neighborhood Master
Plan until the October 29, 1985 meeting; Markalunas seconded.
All in favor; motion carried.
Anderson adjourned the meeting at 8:10 p.m.
ot:~ ) uJd/u;i6
Kim Wilhoit, Deputy City Clerk
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