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HomeMy WebLinkAboutminutes.apz.19791129 RECORD OF PROCEEDINGS 100 Leaves FORI\! '.' C, F_ HOECKE'L B. B." L Cl, Special Meeting Aspen Planning and Zoning Commission November 29, 1979 The Aspen Planning and Zoning Commission held a special meeting on November 29, 1979, at 5:00 P.M., in the City Council Chambers. Members present were Welton Anderson, acting Chairman, Roger Hunt, Lee Pardee, and Nancy McDonnell. Also, present were Karen Smith of the Planning Office, and interested parties. COllunissionmember Comments Welton Anderson called the meeting to order and stated the items for this Special Meeting involved the rezoning and annexation of the Opal Marolt Property and the Housing Overlay District. Karen Smith of the Planning Office commented that this is a continued Public Hearing from the November 20, 1979 regular meeting and felt with the number of people pre- sent for the Public Hearing, that it would be appro- priate to take their input first and then have the PUD discussion since it has not been discussed before this time. Public Hearing Opal Marolt Rezoning Jan Mulford, Chairman of the Open Space Advisory Board, introduced for record a written recommendation outlining the reasons for permenant preservation of open space. Recommendation is that the city seek to purchase all or part of the property for open space purposes, and as to the property that can't be purchased, that at least a PUD Overlay be included in zoning designation and third- ly upon consideration of final development approvals that the open space areas be dedicated permenantly to the public or provided the conservation easements to be held by the ci-ty or other legal devises that would keep the areas open that are involved. Richard Cummins, Attorney representing the owners of adjacent property to said property. He stated that he had been retained this morning and asked for a continuance of the public hearing to allow him time for examination and preparation for counciling the people owning land near the Opal Marolt property. Karen Smith stated the questions before the commission for public hearing is the rezoning and would recOlr-- mend that the P & Z's recommendation on the zoning be containing conditions and sees fiO reason for not con- tinuing the hearing until next regular meeting. The commissionmembers felt they should procede with all other matters concerning the application except for the comments from R. Cummins and vote after hearing those. Don Ensign, Attorney representing the applicant, Opal Marolt and wanted to state that this process is a long one and since the employee housing question and pro- visions in the project proposed by Opal Marolt cause a long process that any delay in this matter would just compound the problems in this issue. Ed Suzaki commented on the annexation of the property as questionable and the value created to the property by annexation and ending any possible purchase by the city. Elli Belmar an adjacent property owner wanted to make her objection to building on Castle Creek and also spoke for her brother, another land owner and others -2- RECORD OF PROCEEDINGS 100 Leaves FORiIl" C. F_ HQfCKEL B. B.II: L Cl. Special Meeting Aspen Planning and Zoning Commission November 29, 1979 who all acknowledge the need for the building of units for housing, but strongly object to the impact and possible effects such adverse changes would have to the area and other property owners personal views. Welton Anderson agreed with the adjacent owners and Ed Suzaki concerning the objective of concentrating from a planning point, on grouping the employee housing and felt that spreading it out throughout the town area is a much more attractive objective. Jim Breasted commented concerning the creation of addi- tional value to the Opal Marolt property and the objec- tion to the changing of the urban edge-country approach to the westend of the city as being a serious problem that should be examined extremely close. Karen Smith introduced the Colorado State University Enviromental Resources Analysis Maps of 1974 as part of the record showing an area of moderate visual vul- nerablity, which is approximately everything from the ridge down to the river and back and everything from the ridge down to the creek bottom and the other side is shown as a high visual vulnerablity, and all of the same is in a protected land catagory as designated by the land suitablity map, showing extreme hazardous or fragile ecosystems exist. The remainder of the pro- perty is catagorized as best suited for agricultural uses and in levels of priority it goes from a level 3 to a level 6; 3 being the highest productive and 6 being the least productive use. This land has been desig- nated level 6 and has been previously used for horse and cattle grazing. There is critical wildlife habi- tat range on Shadow Mountain but not on Opal Marolt's property and at the same time the Rye perian Zone that is along the creek and the vegetation along the creek is important to that Zone and the habitat that is in that area. McDonnell questioned concerning the president set for annexation and how far could it be carried to other properties. Pardee commented to the president not having to be set and the real issue is waiting for a project which will assist employee housing and not have the problems of transportation, open space, ecological, landscaping and visual opposed to no one wanting employee housing next to them. He feels that we are at the stage where we are giving incentives and need to look at this proposal from a standpoint of the benefit to the community and to the impact on ecological systems and the neighbors. In answer to questions from the public to the extent of concern, Pardee stated that the commission is making a determination that if annexed by City Council, what zoning they would recommend, but they can attach a re- commendation with some reasons that mayor may not be listened to by the City Council. Karen Smith felt that after listening to the concerns of many persons involved with or effected by the deci- sions made by the commission that, by going through the pros and cons of this site and other alternative -3- RECORD OF PROCEEDINGS 100 Leaves FORM '.~ C. F. HOECKEL B. S. It L. <';.). Special Meeting Aspen Planning and Zoning Commission November 29, 1979 sites would be a recommendation made in examining the rezoning aspects and the designation of employee housing to this area. Welton Anderson asked for additional comments and then for a continuance to the next meeting. Roger Hunt moved to continue the Public Hearing to the regular meeting time on Tuesday, December 4, 1979. Nancy McDonnell seconded. All in favor. Motion approved. Celia Marolt Rezoning Welton Anderson opened the Public Hearing for the Celia Marolt Rezoning and continuing this also to the next regular meeting on Tuesday, December 4, 1979, Pardee seconded. All in favor, motion approved. Housing Overlay Ordinance Karen Smith introduced a cover memo pointing out modi- fications to the redraft of the Housing Overlay and the TDR provisions but does not seperate to which ordinance they are contained within. In the Housing OVerlay on page 5-p6 a techinical paragraph of the Office Zone providing the minimum lot area and the circumstance for ~ or more of the dwelling units are deed restricted to employee housing has been added. On page 6, paragraph H-l, has been redrafted to deal only with the RMF, SCI, and neighborhood commercial zone districts. One other recommendation to this paragraph is to delete the word (required) before external floor area ratio. Under H-2, same page, the O-office district bonus floor area ratio is .75 to 1 instead of 1 to 1. Paragraph 6, page 7, has been added to accommodate the L-l, L-2 zone seperate and provided for a bonus FAR in these zones, .25 to 1. Pardee questions the increase to floor area ratio if they add what does that exactly mean to what and how many employee units are deed restricted. Smith stated that in order to be excepted from the GMP competition, you have to do at least 70% of the units that are being added to employee housing. Smith questioned whether the commission wanted to apply the housing overlay to lOdges uses in the lodge other than anymore than cur- rently in this district? The commission and Karen Smith agreed the questions to the bonuses allowed in the existing ordinances and being redrafted should be re- considered and examined at the next Tuesday meeting. The next section with a problem is Section 24-10.9, subsection B-a, page 9, pretaining to districts of service commercial, industrial and neighborhood com- mercial, and that is when you have that kind of enternal floor area ratio bonus and allow housing overlay to apply in a mixed use situation, there is no answer to how to allocate the units over and above existing pre- sently. The members and public discussed the questions to units being deed restricted and there being no authority to examine the consistence to owners carrying out the approvals and conditions given by the boards. Hunt suggested the establishment of a Housing Authority and or a Rental Authority Pool to govern and examine all property to statis of conditions and availablity. The other members felt this would be the only way to make sure the properties in question are handled according to legislation and laws and conditions imposed by the city authorities. -4- RECORD OF PROCEEDINGS 100 Leaves FORM" C. F. HOtCKn. B. B." L Cl. Special Meeting Aspen Planning and Zoning Commission November 29, 1979 Welton Anderson moved to in an effort to enforce the deed restrictions to guarantee bonified low, moderate and middle income housing and other conditions imposed by this board for approvals for other applications that this commission respectfully request that City Council appropriate the money to hire a fulltime Zoning Officer to enforce the conditions and restrictions placed by this board for approvals. Pardee so moved, Hunt seconded. All in favor, motion approved. Hunt moved to continue the Public Hearing on Tuesday, December 4, 1979, McDonnell seconded. All in favor, motion approved. Meeting adjourned at 7:00 P.M. ~.,.I: mJJ4~tL Sandi Meredith, Deputy City Clerk