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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 PUBLIC BEARING V. MARX REZONING Anderson told the Commission that this application had been withdrawn.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. 1 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. 2 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. 3 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 4 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). 5 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 6 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 7 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 8 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 9