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HomeMy WebLinkAboutminutes.apz.19800304 -2- RECORD OF PROCEEDINGS 100 Leaves ~ORM" C. F. ~OEC~EL B. a. II: L. CJ. Regualr Meeting Aspen Planning and Zoning Commission March 04, 1980 Office recommends the City be granted an exception from compliance with full subdivision procedures for purposes of subdiviiding the parcel in question, subject to the Engineering Department's recommendations in their memoran- dum dated February 28, 1980. The City should be excepted from conceptual approval before Council and preliminary plat approval before P & Z. The City should be granted an exemption from the definition of subdivision for pur- poses of condominiumization of the proposed duplex struc- tures. The City intends to request special review approval upon finalization of its building program. Olof Hedstrom commented that there had been a discussion before the meeting concerning the public's approval and opprotunity to comment on what the City proposes to do with their property and I would like Ron Stock, City At- torney, to tell us what he recommends the action be taken towards the neighbors and their views. Ron Stock commented that what is being asked of the P & Z that a conceptual review be brought before this commis- sion and approval is granted on conceptual review, the applicant be exempted from conceptual group review before the Council and Preliminary Plat before P & Z and go directly to the Final Plat Process before Council. Commissionmembers felt they would be satisfied as long as there would be a Public Hearing before the City Council. Ron stated that the financing has yet to be determined at which time this would be a purchase by employee heads with long term housing and reversion back to the City when the employee/owner wants to sell, the City will have first right to refusal and there will be deed restrictions to insure employee housing. When the Special Review is to be heard, we will at that time present the commission with a copy of any deed for examination. . Roger Hunt moved for exception of the City of Aspen Sub- division Exemption/Exception Housing #1 from compliance with full su8division procedures being entered at final plat public hearing before City Council. This is condi- tioned SUbject to being deed restricted as to Employee Housing and .sUbject to Planning Office memorandum dated February 28, 1980 and Engineering Department's memorandum dated February 28, 1980 with conditions 1-3 as stated. Nancy McDonnell, seconded. All in favor, motion carried. ," , . Roger Hunt moved to exempt the Aspen Employee Housing #1 from strict application of subdivision regulations for condominiumization on the bases this is restricted to Employee Housing. Perry Harvey, seconded. All in favor, motion carried. 617 West Main Stlreet Special Review Sunny Vann introduced the 617 Main Street Special Parking Review and stated the applicant requests to reduce the parking spaces required for this O-Zoned property, which criteria requires 3 off-street parking spaces per 1,000 sq. ft. totaling 14 spaces for the proposed 4,500 sq.ft. structure. The applicant requests that the number be reduced to six in order to accommodate the proposed struc- ture. The Engineering Department recommends the reduction to seven offi-street parking spaces and the criteria con- sidered is outlined in the memorandum dated February 14, 1980. The Planning Office concurs with the Engineering Department and in addition should the applicant require a FORM o~ C. F. 1l0ECKEL B. B. II l. Cl. RECORD OF PROCEEDINGS 100 Leaves March 04, 1980 Regular Meeting Aspen Planning and Zoning Commission The Aspen Planning and Zoning Commission held a regular meeting on March 04,1980, at 5:00 P.M., in the City Council Chambers. Members present were Olof Hedstrom, Welton Anderson, Perry Harvey, Roger Hunt, Nancy McDonnell and Lee Pardee. Also present were Ron Stock, City Attorney, Karen Smith and Sunny Vann of the Planning Office. City Councilman, Michael Behrendt is also present. Approval of Minutes Astor Preliminary Plat-Public Hearing Lodge Condominiumi- zation/Lodge Preservation J-H-J Subdivision Exemption Hyman Avenue Subdivision Exemption City of Aspen Subdivision Exemp- tion/Exception Roger Hunt moved to approve the minutes of January 08, 1980 with corrections as stated. Nancy MCDonnell, seconded. All in favor, motion carried. Sunny Vann of the Planning Office introduced the Astor Pre- liminary resubmittal recommending approval subject to five conditions as stated in the Planning Office memorandum dated February 28, 1980 and to be addressed prior to the submission of the applicant's final plat. The Engineering Department recommends approval subject to correcting the condition~ as stated in their memorandum dated February 22, 1980, prior to submitting the final plat. Olof Hedstrom opened the Public Hearing and asked for com- ments, then closed the Public Hearing. Roger Hunt moved to approve the Astor Preliminary Plat con- ditioned on items 1-5 of the Planning Office memorandum dated February 28, 1980 and item 6 being conditioned on the employee housing, which was previously approved, to be in- cluded in the final plat submission. Lee Pardee, seconded. All in favor, motion approved. Richard Grice of the Planning Office requested to postpone this until later in the meeting due to the interested parties not being present. The commission members agreed. Sonny Vann introduced the J-H-J Subdivision Exemption lo- cated at 333 E. Bleeker of the Aspen Twonsite, requesting condominiumization of approximately 12,000 sq.ft. The Planning Office recommends approval sUbject to applicant's filing of a condominium plat. Roger Hunt recommended exemptian of strict application of regulations of the J-H-J Subdivision subject to and con- ditioned on the filing of a condominium plat. Nancy McDonnell, seconded. All in favor, motion approved. Sunny Vann introduced the Hyman Avenue Subdivision Exemp- tion which is the Mason and Morse Building of the Aspen Townsite, requesting condominiumization of approximately 9,000 sq.ft. The Planning Office recommends approval sub- ject to applicant's filing of a condominium plat. Roger Hunt recommended exemption of strict application of subdivision regulations of the Hyman AVenue Subdivision, subject to and conditioned on the filing of a condominium plat. Perry Harvey, seconded. All in favor, motion approved. Sunny Vann introduced tile City of Aspen Subdivision Exemp- tion/Exception which is a city owned parcel of vacant land located on Cemetary Lane, which it wishes to subdi- vide for the purpose of constructing two duplexes to be used for employee housing. In addition, the City wishes to condominiumize the proposed duplex structures to permit their sale to individual city personnel. The Planning FORM" C. F. ~OEC1(EL B. B. 1:1 l. CJ. -3- RECORD OF PROCEEDINGS 100 Leaves Aspen Planning and Zoning Commission March 04, 1980 Regular Meeting Lodge Condominiumi- zation/Lodge Preservation further reduction to six spaces, a variance must be re- quested from the Board of Adjustment. Welton Anderson moved to approved parking reduction for 617 W. Main Street from three (3) parking spaces per 1,000 sq. ft. of office space to 1.5 spaces per 1,000 sq.ft. of office space to a minimum of seven (7) parking spaces as recommended in Engineering Department's memo- randum of February 14, 1980. Perry Harvey, seconded. Lee Pardee, obstained. Roger Hunt, opposed to future uses being questionable. All in favor, motion carried four to one. Richard Grice of the Planning Office introduced the Lodge Condominiumization/Lodge Preservation, being of two sub- jects, which the condominiumization should be heard first. The proposed ordinance does answer the Planning Office's problems with condition #1 and in condition #2, deals with employee housing by requiring a minimum of 2 pillows or that amount which existed three years previous to the applica- tion for condominiumization. Condition #3, requires the continuation of amenities previously existing. Condition #4, requires registration with the local reservation sys- tem. Condition #5, requires common areas to be continued in the same character they were previously used, and the condition #6, requires physical upgrading, with changes to 6a of 30% and approved by the City Building Inspector within nine months, and the applicability conditions for the life of the survivor of the present City Council plus 21 years, satisfies the perpetuity of the law, and then the procedures for condominiumization. Also, the Sever- ability Claus needs to be included in this ordinance. The Planning Office recommends aodption with the changes outlined. Lee Pardee questioned the covenants in the Condominium Declaration and the personal use and felt the City should be able to attach a lien and the funds go jointly to the Condominium Association and the City and be a devise the City could use to enforce the Association to use it's declarations. The concerns would be with the people leaving and selling employee units so this wording needs to~included in this ordinance, to insure retaining employee housing. Olof Hedstrom commented after deliberation, there is no way to write an airtight ordinance of this type and felt with the additions to this proposed ordinance there should be reasonable safeguards in this respect. Perry Harvey commented the intent of this commission is to provide economic alternatives to balance business in this community but the approach here is going to be abused and we could not plug every loophole when the ordinance is first established. Olof Hedstrom entertained a motion to recommend approval on the proposed ordinance on Lodge Condominiumization as amended during the discussion this commission has had at this meeting. Welton Anderson so moved, Perry Harvey, seconded. Roger Hunt, nay. Lee Pardee, nay. All in favor, motion carried 4 to 2. FORM" C.F.HOECKE'LB.a.llL.C.l. -4- RECORD OF PROCEEDINGS 100 Leaves March 04, 1980 Regualr Meeting Aspen Planning and Zoning Commission Lodge Preservation Richard Grice introduced the Lodge Preservation portion and commented that lodges became non-conforming when the Master Plan was adopted in 1973 with subsequent zoning, which made all non-conforming lodges subject to limitations. The nonconforming lodges are no longer viable economic operations and need this amended. The problems that are causing a slow death to the nonconforming lodges are: 1. Limitations on reconstruction and/or renovation im- posed by nonconforming status, and 2. Refinancing difficulties arising from nonconforming status, and 3. The economics of scale are not available to the small operations. The Planning Office recommends adoption of a Residential Preservation Clause and amend Section 20-9(c) and amend Section 20-22, the condominiumization section, and amend the definition of subdivision, Section 20-3(s) (2). Gideon Kaufman commented that the tourist industry in a two fold and there are needs in this community to address both the winter and summer tourist and need to be further worked on by the Association and City at a later time. A further change in the code is in Section 24-12(9), which needs to protect the older lodges which might exceed the bulk requirements from having to decrease the size in order to renovate. Olof Hedstrom commented that the scope presented are impres- sing but as Karen Smith stated, this is an interium mea- sure to solve the immediate and pressing problems. This may not be a final solution or the best solution, but is a necessary safeguard solution and feel favorable. Perry Harvey felt the intent is to remove the economic stigmas from the nonconforming lodges to give the lodges in conjunction with condominiumization, a range of finan- cial alternatives they do not have now and this changing is good but needs more work and taken further. Nancy McDonnell agreed with the direction and all the items discussed but felt this should come back for further con- sideration. Welton Anderson and Lee Pardee felt this should be brought back for further consideration. Roger Hunt felt there are several problems that he can not agree with and is not comfortable with the general out- look of what has been presented. Perry Harvey moved to recommend approval of change to amend Section 20-9(c)to read: "No subdivision of land shall be approved which is inconsistent with the provision of any Zoning ordinance or other ordinance of the City of Aspen or law or regulations of the State of Colorado." This recommendation of change is in order to clarify the non- conformlng use fd~ condominiumization of lodges. Welton Anderson seconded. Roger Hunt, nay. All in favor, motion approved 5 to 1. Welton Anderson moved to adjourn the meeting, Perry Harvey seconded. All in favor, motion approved. Meeting adjourn- ed at 8:10 P.M. ~ ~o-C',~ Sandi Meredith, Deputy City Clerk