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HomeMy WebLinkAboutminutes.apz.19810505 RECORD OF PROCEEDINGS 100 Leaves FORM ~ C. F. HO~CKEL 8. B. !II L. CO. REGULAR MEETING ASPEN PLANNING AND ZONING COMMISSION May 5, 1981 010f Hedstran, Chairman, called the meeting to order with members Anderson, Harvey, Hunt, Klar, Pardee and Blomquist present. Commissioners' Corrments The Corrmissioners' Corrments were postponed to the end of the meeting for discussion when Sunny Vann and Paul Taddune could be present at the request of Roger Hunt. Perry Harvey requested that a Special Meeting be set up to discuss City condominium policies and regulations. Welton Anderson brought up the HPC t S moratorium and excess amount of demolition permits which have been issued since the moratorium was not in effect yet. Lee Pardee said that the demolition permits were issued due to the fact that the moratorium was not in effect yet. The permits apparently were issued in error, but there was doubt that these demolition permits could be revoked. One of the victorians is already partially demolished (the Koval application house). Al Blomquist pointed out that the Municipal Code needs to be clarified. He went on to suggest a fOrm3.t which could be a consideration in amending the Code for better clarity. He pointed out that the table under FAR is misleading, in the Code and that he believes it is merely a draftsmanship problem. 010f suggested that the Corrmission follow up on Al's suggestion that the Code be worked on. Alan Richman said that this was one of the many projects which the Planning Office had put a high priority on. OW BUSINESS Parry Subdivision Exception (condo- miniumization) Roger Hunt said that those who had participated in the site inspection had no problems with it and suggested that a motion be presented. Roger moved to recorrmend approval of subdivision exception for the purposes of condominiumization conditioned on the following: 1. The applicant revising the condominium plat prior to review of this application by City Council to correct the errors identified by the Engineering Deparbnent in their memo of Mary 10, 1981; 2. The applicant agreeing that the units shall be restricted to six month m.in:imum leases with no 1IDre than two shorter tenancies per year; 3. That the applicant apply for the appropriate permits for the furnace and wiring found in the garage prior to review of this application by City Council and permitting the necessary Building Deparbnent inspections of these facilities; 4. The applicant eliminate the illegal kitchen facilities in the south unit and replace them with the appropriate washer and dryer and eliminating one of the two kitchens located in the north unit prior to review of this application by City Council; and ", 5. The applicant agree not to lock off the bedrooms in the north unit, instead utilizing them las a single two-bedroom condominium unit while also not creating a second residence in the south unit. Perry Harvey seconded the motion. Motion carried. Perry Harvey stated that should an applicant illegally rent or rent outside of the guidelines set for rentals, and then corne before the Commission for approval at a later date, all of the :infonnation should be considered NLW BUSINESS Smuggler Mobile Home Park - Conceptual Sul::rnission '"_.---'~~.......__._--_.,~-"!' ".... "II~ - ._",.~.,~". prior to approval by the Commission. Parry Harvey informed the Corrmission that he was stepping down because of a conflict of interest. Alan Richman suggested that no action be taken at this time because 1) the applicant has revised his sul:rnission and the referral agencies had not been aple to review them yet and 2) there are sorne deficiencies as to available infonnation. This application is requesting conceptual approval of the subdivision of the Smuggler Mobile Home Park into five distinct parcels and the addition of mobile homes to the Park. Rick Ferral mentioned that this sul:rnission would probably change throughout the approval process up until Final Plat. Alan suggested that this item be tabled for a Special Meeting if the concerns of the Commission are voluminous or table it to a regular meeting if it could be delt with quickly. In regard to the background of the case, Alan said that the Park was purchased by the Aspen Mountain Park Partner- ship for the purposes of redve1opment, they issued a notice to the tenants of the Park stating that rents on the mobile homes were to rise substantially. Proceedings were initiated against AMP in order to resolve the issue and negotiations were cOIIJl\enced. A settlement agreement was reached between the City, AMP and the trailer park Homeowners Association. In the settlement, AMP agreed to make certain improvements, they agreed to sell units under deed restricted employee housing. Guidelines were not set on those units. The Park was to be permitted to expand by 26 additional units which were to be deed restricted, and, in exchange, AMP was to receive the right to develop somewhere in the City or outside the City if it was to annexed to the City, another 19 free market units. The mechanism by which the 19 units would be obtained would be 26 deed restricted units on a 70:30 Residential Bonus Overlay (this would provide 10 or 11 of the deed restricted units) and a provision called the 90:10 in which the existing 87 or 88 trailers would be deed restricted and for every 9 deed restricted trailers they would get one (1) free market unit. This would be a Code amendment which needs to come before the Commission at the Preliminary Plat stage. Alternatives could also be presented or developed by any of the parties affected. This is the Conceptual Subdivision of the Smuggler Mobile Home Park into five distinct parcels, the addition of 26 new nobile homes on Parcel C. Alan then referred to Figure 1 (attached hereto and incorporated by this reference). Alan pointed out that with regard to the review corrments, the two main concerns. One of these concerns being the problems with circulation in the area. The County is interested in developing a loop road which would connect via Spruce Street over to the Mill Street area which Alan said is a JIlUch better circulation route into town as well as connecting through Park Circle over towards Highway 82. Alan stated that the concern of the Planning Office, as they represent both City and County interests here, is not to preclude any option that the County might be developing in terms of the overall Smugg1er/Silverking area. The interests of the Smuggler Trailer Park is in preserving the employee housing units in the City. Similarly, the possibilities in the Smuggler/Silverking area are very significant options for Aspen and the Planning Office would like to see further negotiations between the City and the County and the developer. Alan pointed out on the plats some of the possibilities of development which were being negotiated between the County and the developer. Rick Ferral mentioned that he had met with the County and that the County was very anxious to consumate some type of land trade. They are in the middle of negotiations, and until they resolve the right-of-way versus trade, they want to trade for sorne more developable , , RECORD OF PROCEEDINGS 100 Leaves fORM'~ C. f. IlOECK EL B. B. Ii L. Co. land behind Smuggler. If this did occur, they would amend their Conceptual Sul:rnission. Rick suggested that even though the circumstances may change within a week or so, he felt it was worth the time to continue to discuss the issue as it stands at this time. Lee Pardee said that he felt the need to find out where the County negotiations stand at this point and that they shou1dn It preclude it or make any final plans without knowing this. 010f Hedstrom agreed with this suggestion and Roger Hunt also suggested that any problems he sees would definitely be affected by any changes caused by c~lete nego- tiations with the County. Roger stated that he felt there was a definite safety problem in the area in regards to cir- culation, especially in the case of a mass evacuation. Al Blomquist expressed the desire to see a set of blueprints in 50 scale of the sul:rnission. Al said he wanted to see the fire hazards, bus systems, circulation problems and other items first before the detail of the su1:mission was discussed. Joan Klar wants to know what the whole area will look like in terms of what Kuhne is doing and the Smgg1er also so they can really understand what the impacts in terms of density, etc. are going to be. Joan suggested a site inspection with Alan and Rick accompanying. Welton Anderson stated he was confused and that it was hard to see the problems, there were no maps included with the packet. Alan said the applicant was unable to reduce the maps for the packet in a legible form. Lee Pardee suggested that the County Engineer be present at the site inspection. He also wanted Pat Dobie to be there. Alan said Jim Hamilton should also go to the site inspection with them. Sunny Vann said the questions raised in regard to overall access, bus connections, service levels, additional density as a result of the Kuhne settlement and so forth are going to be addressed in a Master Plan of the entire area by the County. They are not going to be available in the time frame that the Canmittee wishes to look at them. These are the results of negotiations between the City and the County adn that what the Planning Office is doing is attempting to bring that agreement to fruition in a timely manner based on some guidelines and dates that are set in that agreement to facilitate the sale of the units to the occupants as well as address same of these problems. Olof said that the Corrmission wants the Planning Office to be aware that they want the infOrm3.- tion to the extent that it is available. Alan Richman pointed out that the second area of concern were corrments from ithe Engineer and the Building Department. These led the Planning Office to believe that the present nobile home park code is deficient in their abilities to review the applica- tion. The type of arrangement that they have proposed here, and this is something that he suggested the Corrmission think about, are duplex trailers which are not addressed in the Code in any form. The only way the applicant can meet the agreement terms and to provide the kinds of improvements that are laid out in the agreement, they need to have a duplex trailer arrangement. We would process a Code amendment if that was the desired end. Lee Pardee said he was concerned with the fire marshall's problems, fire walls, electrical problems. Ted Guy explained that all of these units will be of custom designed manufactured unit. 'They will meet both the UBC and the Federal standards for mobile homes. Alan said if a Code amendment was processed, they would use a national and state standard and that he didn't think there would be any problems. Roger wanted to know how the arrangement was made in regard to the 70: 30 cast and stone, free market to employee units. Bob Hughes explained the settlement agreement to Roger. Al Blomquist wanted to know how many square feet per lot area. Bob Hughes said 2600 sq. ft. Ted Guy confirmed that :figure, 2600 to 2800 sq. ft. Ted Guy explained how the spacing ~s to be changed. , , They talked about building standards and set backs for the mobile home park. Roger suggested that an Ordinance be created for the park instead of amending the Code. Alan Richman said another area of concern which did not need extensive discussion were utilitiy improvements, drainage and sewer, electrical, because they would all be brought up to Code standards and the applicant has agreed to all those items. Right-of-way, road maintenance are all agreed to by the applicant also. . Ai Blomquist s~.at~::.that:h<e.t!1ought= t~w~.#Ie C;:Olil?1:. Order on the Smuggler Trailer Park from a previous owner of the Park that ordered a general landscaping, paving and spread the trailers out a bit. He stated that it was never done and he wants to know the status of that Court Order. He said he thought that the extra land up at the Trailer Park was to be used to disburse the mobile homes further. He was questioning whether this would transfer with the transfer of the land. Bob Hughes said he believed the Order was =at. Brooke Peterson said that for all intents and purposes Jesse had complied with the Court Order. The expansion which Jesse was applying for at that time, was approved. Bob Hughes mentioned that the rental and resale price restrictions had not been settled yet. He stated that the City will be responsible for imposing the guidelines. It is not the Obligation of the Applicant. The City is working this out with the Homeowners Association. Lee Pardee stated that he wants to see the mnnbers. Jim Reents explained how the figures are calculated. He said this is something which is being negotiated by the Housing Office at this time. Ted Guy explained with regard to the topography of the property that there would be a balanced cut and fill on Parcel CIS develop- ment. Ted Guy make a presentation on the bluelines and explained to the Commission what the plans were to be. He explained where each of the parcels would be located. Roger brought up the point of access to the Park being a major contingency upon approval. Lee Pardee suggested a Special Meeting preceeded by a site in- spection with Pat Dobie and Jim Hamilton present. He also suggested that price guidelines were available at that meeting. He also wanted a better map to look at. Welton Anderson questioned the changing of the parcels. Rick Ferrel said subdivision into the parcels was to primarily accolJlJIOdate the different financings and to set up the different homeowners associations. Olof suggested a Special Meeting for the presentation of the materials which the Commission desired to have presented to them. Olof noved to table the Smggler Mobile Home Park Conceptual Sul::rnission to a Special Meeting Tuesday, May 12, 1981 at 5: 00 beginning at the Smuggler Trailer Park with a site inspection. Lee Pardee seconded the motion. Jim Brested represented an ad hoc committee consisting of Dale Potvin, Chuck Maple, Mike Garish, Stan Arisky and Jim Brested. This committee is in favor of the condorniniumization of the trailer park and they feel that it is a great improvement to the area. Most of these people are landowners in the area. They favor instead of additional trailers, permanent housing structures. They ask that this be considered since they feel that permanent housing structures would increase the economic base in the area. They are also concerned with circulation and are pleased to hear that these concerns are being considered. He said the drainage is terrible in the area. Street lighting is abominable adn with a lot of foot traffic to Silverking, there is a great need for nore light for the safety of these pecp1e. He said the Mill Street is a very dangerous bottleneck in which many accidents occur. These things need to be addressed before the density is increased. Doug Calliso1e, a trailer owner in SJIlUggler and also serves on the Board of Directors. A number of Smuggler trailer owners were asked to come to the meeting in order to show their support for the plan. They are anxious to expediate the process. Doug --'"'''''"'' .- ........."'...,.--...._...','r..",,'. ,...,,-.1'-:,,; rO~M \~ C. r. HOECKEL B. B. B l. CO. RECORD OF PROCEEDINGS 100 Leaves Trueman - Use Determination for Travel Agency at North Mill Station 1015 East Hyman Avenue- GMP Exemption for ~loyee Units - Subdivisions Exception was there to represent the Board officially. Charles Staple was a third party asking for expedience in upgrading the circulation in the area. Alan Richman was presented this item for Colette Penne. Alan explained how the zoning is at this time. He stated that the intention of the NC zone is for convenience establishments compatible with the neighborhood. The basic one-stop shopping type of a zone. The travel agency would be located on the first floor. The permitted uses are business and professional offices. This would be the key to conditional use determination. Colette Penne told Alan that she felt this would be a compatible use in the complex with the other types of shops in the Mall. She also did not think it would generate a great deal of traffic. The Planning Office did recommend approval since they felt that this business fit into the description of a professional office. 010f felt that there could be other more acceptable types of shops in the Building, such as a barbar shop. Sunny Vann explained that the Planning Office was merely stating that the shop was consistent with the Code as adopted. Al Blomquist felt that a travel agent belongs in the tourist zone. Sunny explained that it was not necessarily a tourist use. It was for local service. Perry Harvey disagreed with Al. He stated that the Trueman center was for businesses which did not attract tourists. It was designed for the local neighborhood and it was approved for that purpose. He felt the travel agency was a local oriented business, most tourists do not come to Aspen on a one-way ticket. He felt it to be a perfectly adequate use. Roger did not believe that the travel agency was a locals type business. It was determined that a travel agency is a conditioned use in the NC zone. Ie vc,i" carried the notion. Alan Richman explained that this application is a proj ect located in the R-MF zone on a 9,000 sq. ft. lot on Hyman between Cleveland and the Roaring Fork River. It is one which received an allocation for development in the 1981 Residential GMP competition. It is presently two 2-bedroom units. The application proposes to add 3 units to the site, 2 being employee units and one free market unit. The Applicant is requesting exemption of the two employee units from GMP as provided in Section 24-ll(2)(h) of the Code, and also requesting an exception from full subdivision procedures. Alan said that the Planning Office recommends approval of this application subdivion to the conditions as follows: 1. That applicant's recordation of deed restrictions limiting the studio and two-bedroom employee units to low income housing price guide- lines, as adjusted by annual price increments by City Council. 2. The applicant not exceed the Code requirement that curb cuts in the R-MF zone be limited to a width of 18 feet. 3. The applicant agree to provide a dry well for drainage. 4. The applicant agreeing to install the energy conservation measures outlined in the original GMP application and minimizing the total number of fireplaces employee at the project. 5. The applicant agree to a cash payment or land dedication to meet park dedication requirements for the free market unit. The precise arrangement for these fees will be computed by the Building Inspector at such time that a building permit for the project is requested. Jeff sachs represented Irving Getz (a neighboring property owner). Jeff wanted to verify that the existing unit on site had two 2- bedroom units. Jeff's client did not believe this was correct and Jeff wanted a physical inspection of the property before approval. Gideon Kaufman (representative of the Applicant) explained that they had al- ready met with" the Building Inspector. They had submitted a letter to the Building Inspector that verified that there were two 2-bedroom units located on the existing site. Epicurean- Subdivision Exception ,._--'...._~"""".-',...,,_.,~ ,......---~". ~--""',",...'" --~-~.~... Gideon explained that the letter verifying all of this was on file at the Building Inspector's Office. Gideon stated that he wanted condition 2 to be stated as the Code says, a width of 18ft. or two 10 ft. cuts. It was agreed that Condition 2 would be amended as such since that is the way the Code reads. Gideon explained that in regard to Condition 4, they will not be providing hot water collectors for the employee units. He said that in order to meet the needs of low income housing price guidelines that some items were not logical economically. Olof Hedstrom questioned the wording of minimizing the total number of fireplaces. Gideon proposed the condition to rea as follows: "Allowing energy efficient stoves in the employee units provided they meet with the approval of the Environmental Health Department. Roger Hunt moved to recorrmend exception for the purpose of subdivision of the 1015 East Hyman Avenue Application and exemption of employee units from the GMP subject to the conditions of the recorrnnended conditions in the Planning Office memo of April 24, 1981 with the following modifications: Condition 2 - add the words "or two 10 foot cuts" and Condition 4 to "State that the Applicant agrees to install the energy conservation measures outlined in the original GMP applica- tion in the free market units and providing energy efficient stoves in the employee units if it meets with the approval of the Environmental Health Deparbnent." Perry Harvey seconded the motion. The motion was carried. Jack Johnson presented this item stating that the Application was requesting subdivision exception for purposes of condomiumization of the Epicure Plaza Building into 21 spaces. The Applicant was granted a 1979 Corrmercia1 GMP allotment for 1,041 sq. ft. by City Coun:::il on November 26, 1979. He explained that the allotment will expire on 9/1/81 if the owner does not submit plans sufficient for a building permit by that date. The applicant is also requesting a waiver of full subdivision procedures. Jack said the Applicant has sorre concerns with the Engineering cornnents and he recamended that they be oarplied with in the final recornnenda- tions. He said the Epicure Building will be a total of 1200 sq. ft. I041 sq. ft. will be carmercial office space subdivided into 21 spaces Three will be errployee housing on the upper level which covers the remainder of the 1200 sq. ft. Two issues are applicable to the errployee housing portion of the project. That is the six rronth minimum lease restrictions and the price guidelines for middle incare level which was approved in the GMP application. The Planning Office recamended approval of condominiumization for the Epicure Plaza Building subject to carpliance with Engineering Depart:rrent cornnents, deed restriction of the three errployee housing units to the middle incare level and restriction to the six rronth minimum lease requirerrents, Lee Pardee asked if this application was the same as the original application in regard to ntlllber of units. Jack said that it was. Jeff Sachs, attorney for the applicant eJq)lained that there were no changes in the structure with regard to square fcotage alloted. 010f also questioned whether there were any changes that would mean a difference from the original <W application. Jack said nothing was changed, it was merely an application with regard to =nership. He went on to eJq)lain that the allotIrent was for 1,041 sq. ft. of space. No consideration was made as to the internal subdivision of that space into private =nership, camon =nership or whatever, it was only the physical attribution of the building. The aIOClunt of square footage considered at the tine and certain conditions with no consideration at all were given to future ownership of the internal space. Olof stated that he was satisfied. Roger pointed out a change in the plat between the GMP submission and this one. and hav it related to service entJ:y. Jeff Sachs shaved him that there were still service entries to all of the retail spaces. Lee Pardee rec:amended approval of the applicant's request for subdivision exception for purposes of condcxniniumizing the Epicure Plaza Building subject to the three " " FQR~ III C. F. HOECKEL B. B. III L. CO. RECORD OF PROCEEDINGS 100 Leaves Ccmnissioners' Ccmrents conditions listed in the Planning Office's rraro of May 5, 1981, on the sane subject. Welton Anderson seconded the notion. Perry Harvey questioned whether Item No. 2 of the rraro would be controlled properly, the middle inoare rental and sale of the units. Jeff Sachs explained that it was properly controlled. Lee pardee rroved to amend the notion to drop the word rental, and leave it to say middle inCCl"lYa price guidelines which incorporates both rental and sales. Welton Anderson seconded the anended notion. M::>ticon was carried. 010f asked the corrrnission for anz CCIlIrents. Lee Pardee brought up the subject of copies of the Municipal Code for the Ccmnission. Sunny Vann explained that they had been ordered and that Kat!u:yn Koch was in charge of obtaining them. Lee Pardee also questioned the status of the Planning Office work program. Sunny Vann explained hew the work program was being developed and the hardships which the Planning Office was experiencin:;} in regard to rreeting the original work program goals.. Lack of funds was a major contribution which rreant one position in the Office would be left open. A great deal of work would be put irito the nest important issues. Briefly, the ill priority of the Planning Office is a najor overhaul of the GMP Plan. #2, an overhaul of the Land Use Code procedural process along with code amendrrents to streamline and make the code nore efficient. #3, i.mrediate code amendment work, mainly wi th regard to the GMP. Particular errphasis being place on rreeting the Septe!lber 1 deadline for Camercia1 GMP submissions. The planning Office wants to have the guidelines set out nonths in advance .of that dealine. There are also a number of specific code amendments which Council has requested. Joan Klar said she wanted to help the Planning Office with volunteer work. Welton Anderson brought up the problem with derrolition to victorians and the numerous derroli tion penni ts which had been issued prior to the noratorium. Paul Taddune pointed out that by passing legislation to avoid derrolition for things of this kind, many tirres it increased the problems. It was noted that this is an inportant issue and that it was being worked on by the City Attorney and others to see if anzthing could be done to stop the excessive amJunt of pennits being rEquested and issued. Roger Hunt expressed concern over some =ent legislation being worked upon by the Federal GoveJ:nmant. It was the question of agencies cx::mnissions, comnissioners and the agents of public entities like the City of Aspen, being held personally liable for their decisions on Boards of this sort. Paul Taddune explained that conducting your legislative activity in good faith, would avoid the type of problem that is bieng addressed here. voting in good faith, rather than voting in bad faith would be subjecting yourself to personal liability. Roger stated that if he felt he was subject to personal liability he would probably want to step da.m from any decisions. Paul explained that no one should be fearful in the perfo:rmance of his duties. If you vote you conscience, in good faith and do what you think is right you would not be personally liable for your actions. Lee pardee noved to adjourn. A1 Blorrquist second the notion. Motion carried. ., j' , " /t'tUU Y (/ </Jb,j/~ -' JA-/ net L. Weinstein . Admin~strative Secretary Plannlng Office