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HomeMy WebLinkAboutminutes.apz.20061219 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 19. 2006 COMMENTS ............................................................................................................ 3 MINUTES. ............... ... .... ... ... ... ... ... ........ ... ... ... ....... ... .... ....... .... .... .... .... ... ... .......... ..... 3 DECLARATION OF CONFLICTS OF INTEREST ............................................... 3 SMUGGLER RACQUET CLUB ............................................................................. 4 MOTION FOR THE RECONSIDERATION REGARDING THE ASPEN HIGHLANDS VILLAGE PUD ACTION ON 12/05/06.......................................... 4 102 WOOD DUCK LANE - HALLAM LAKE BLUFF ENVIRONMENTALLY SENSITIVE AREA. ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ....... ... .... .... .... .......... ..... ... ......... 6 1 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 19. 2006 2 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 19. 2006 Ruth Kruger opened the regular Planning & Zoning Meeting in Council Chambers at 4:30pm. Jasmine Tygre resigned P&Z since she was appointed to Council. Members Dylan Johns, Steve Skadron, John Rowland and Ruth Kruger were present. Brian Speck was excused. Staff in attendance were Joyce Allgaier and Jessica Garrow, Community Development; John Worcester, City Attorney; Jackie Lothian, Deputy City Clerk. John Worcester suggested the commissioners select a chairperson tonight and do it again the beginning of January. Dylan Johns nominated Ruth Kruger as Chair; seconded by Steve Skadron. John Rowland, Steve Skadron and Dylan Johns all voted in the affirmative, Ruth Kruger abstained. Ruth Kruger was elected as Chair person. Ruth Kruger nominated Dylan Johns as Vice Chair; seconded by John Rowland. Steve Skadron, John Rowland, Dylan Johns and Ruth Kruger all voted in the affirmative. Dylan Johns was elected as Vice-Chair. COMMENTS Ruth Kruger asked ifthere was a difference with the snow plowing this year and asked if there was a change in policy about snow removal. Kruger said there were traffic issues with the piles of snow. Joyce Allgaier invited the Planning Commission to Community Development for a party on Wednesday, December 20th from 3-5pm. Joyce Allgaier introduced Jason Lasser as a new Planner. MINUTES MOTION: Dylan Johns made a correction on the 11/21 minutes on page 6 and Ruth Kruger made a correction on the 11/07 minutes on page 6. Steve Skadron moved to approve the minutes of November 7th, November 21st and December 05th as amended; seconded by John Rowland. All infavor, APPROVED. DECLARATION OF CONFLICTS OF INTEREST Dylan Johns said that he did not think that this was a conflict of interest; his firm had done some preliminary work on Wood Duck Lane but he was not currently involved on the project or had any financial interest. CONTINUED PUBLIC HEARING: 3 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 19. 2006 SMUGGLER RACQUET CLUB Ruth Kruger opened the public hearing for the Smuggler Racquet Club. MOTION: Dylan Johns moved to continue the Smuggler Racquet Club Conceptual PUD to January 2nd; seconded by John Rowland. All in favor. PUBLIC HEARING: MOTION FOR THE RECONSIDERATION REGARDING THE ASPEN HIGHLANDS VILLAGE PUD ACTION ON 12/05/06 Ruth Kruger opened the hearing for the reconsideration of the Aspen Highlands Village PUD action taken on December 5~. Jessica Garrow said that staff would like to clarify the record as explained in the memo staff was operating under a code interpretation that has since been overturned by Council. Garrow said that staff would like a motion to reconsider and then another motion to approve the resolution to deny the change in retail space to free-market residential. John Worcester said the motion to reconsider needed to be made by someone in the majority who voted as part of the 3 (Dylan, Steve, Brian) to 2. MOTION: Steve Skadron moved to reconsider the change in use portion of the Aspen Highlands, PUD Amendment and Subdivision; seconded by Dylan Johns. Roll call vote: Rowland, yes; Skadron, yes; Johns, yes; Kruger, yes. APPROVED. Ruth Kruger explained the reason for this reconsideration was that the process has changed. Jessica Garrow said that the code interpretation regarding a failed motion was that no action was taken; then a new motion would have to be made would have been approved. Joyce Allgaier said the regulations that were in place at the time that the meeting was held, so the commission needed to make a recommendation to deny the application instead of doing it in the affirmative and having it come out to a 3-2 vote. Allgaier said the revised resolution was now worded to deny the application; staff was clarifying. John Worcester said the Sky Hotel was a tie vote and through Robert's Rules of Orders a tie vote was a failed motion or the motion was lost. Worcester said that in the Land Use Code the P&Z was to approve, approve with conditions or deny; there was an obligation to take some action. Worcester said that City Council has always been under the impression that a failed motion mounted to denial; the charter required that an Ordinance be approved by a majority vote of3. Worcester said to clarify the record staff asked the commission to vote to deny the application, which would be an action taken. 4 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 19. 2006 MOTION: Dylan Johns moved to approve Resolution #34, Series of2006 to deny a Substantial PUD Amendment for the conversion of retaillcondominium meeting space to one free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of the office Iretail space to free-market residential. Steve Skadron seconded. The motion was withdrawn. Glen Horn explained that the allotment for the residential has already been granted to the project and the applicant and developer chose not to develop that townhouse; all of the mitigation associated with that unit has been done. Horn asked that the commission not approve this resolution. There were no public comments. Kruger reiterated that she could not see this becoming a viable retail space by virtue of the fact that there was no parking; it was a very large space that has been marketed for 6 years as a retail space and not rented. Kruger said this was not a lively retail space that could not be given away. Dylan Johns asked how it was marketed as office space with parking spaces for employees versus a retail space. Kruger said that she did not market it as office space during the time that she had the property listed. Johns said that was his point he did not think that it was marketed extensively as office or commercial space; to lose that at this point was counter to where the commission was trying to go to in other areas. Johns said that if there was still the free-market growth allotment he would rather see that come back to figure out where to put that residential space and figure out how to re- allocate this space for something within the town (that area) to try and make it work. Kruger asked Glen if the old Hines Office space was being marketed and that space was still vacant. Horn replied that he was not sure how that space was being marketed as an office space; the objective was to have more retail type uses that were accessory to the ski area as the primary function, which was the goal to generate life and activity. Horn said the old Hines office space had been sold. Horn said that a residential use would generate more activity than an office at the base of ski area. Kruger suggested continuing the hearing so that answers could be given. Worcester said the proper way to proceed was to continue the hearing rather than abstain on a vote because the commissions and boards had an obligation to vote. MOTION: John Rowland moved to continue the hearingfor the reconsideration of the Aspen Highlands PUD Amendment to January 2nd; seconded by Dylan Johns. All infavor, APPROVED. 5 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 19. 2006 PUBLIC HEARING: 102 WOOD DUCK LANE - HALLAM LAKE BLUFF ENVIRONMENTALLY SENSITIVE AREA Ruth Kruger opened the public hearing for 102 Wood Duck Lane. Joyce Allgaier provided the notice of posting and mailing. Joyce Allgaier explained that the application was for the Hallam Lake Bluff Review. Allgaier referenced the Improvement Survey Plat contained in the packet. Allgaier said that the demolition for the existing house is within the 30 foot setback from the top of slope for Hallam Lake and even a demolition was considered development in the code; that was why it was in front of the commission tonight. Allgaier said that the redevelopment was a separate application from the demolition application; they proposed another single family house, which would avoid any of the sensitive area. Allgaier said the resolution was written to include bringing the demolition into a stable situation and be re-vegetated. Staff recommended approval of this application. Mitch Haas said that Hallam Lake was a good 60 vertical feet down from this property; the demolition under the definition in the code required a Hallam Lake Bluff Review. Haas stated that the replacement building will be beyond 30 feet back so it will be exempt. Haas stated the property above the top of bank was flat. Haas said the conditions of approval were acceptable and the applicant plans to submit the demolition permit and the building permit at the same time. Steve Skadron asked if. the applicant owned the land from the top of slope down the embankment to Hallam Lake. Mitch Haas replied no that the end of the property was just a little over the top of the bank and everything below was owned by ACES. Skadron asked what the credit on the property was for. Haas responded that it for the determination of accessory dwelling requirements; there was an existing amount of floor area and you pay the cash-in-1ieu for the difference between the floor areas. No public comments. MOTION: Steve Skadron moved to approve Resolution #36, series of 2006 approving with conditions the Hallam Lake Bluff Review for demolition at 102 Wood Duck Lane; seconded by Dylan Johns. Roll call vote: Rowland, yes; Skadron, yes; Jo s, yes; Kruger, yes. APPROVED 4-0. ~ 6