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HomeMy WebLinkAboutminutes.apz.19810623 RECORD OF PROCEEDINGS 100 Leaves fORiIl'O C.F.HOECKfL6,B./il.C:l" REGULAR MEETING JUNE 23, 1981 PLANNING AND ZONING COMMISSION The Planning and Zoning Connnission held a regualarmeeting~Qn~June,23, .1981 .at 5:00 p.m. in the Council Chambers. This meeting was continued from June 16, 1981 due to a lack of a quaram. Present at the June 23rd meeting were Olof Hedstrom, Perry Harvey, Lee Pardee, Jasmine Tygre and Al Blomquist. Approval of Minutes commissioner Comments Public Hearing ute city Preliminary Plat Submission Olof asked for a motion to table the minutes as no one had a chance to read them yet. Perry Harvey so moved. Lee Pardee seconded the motion. All in favor, motion carried. Perry Harvey connnended the planning office on a well thought out and consice report. Olof Hedstrom concurred. Sunny Vann of the planning office then apologized for the length of the agenda, explaining that it represents a couple of items carrie(Love:!O~'ftom previous agendas. The postponement of the June 16th meeting also added to the length of the meeting. Bob Newfelden, applicant, stated that he was negotiating lease arrangements with the main Post Office to do theatre. Because the .time elemen~ is~very important Mr. Newfelden was requesting that his application be heard at the present meeting. Alan Richman stated that as a public hearing a new precedent should be set in that the Planning Office would like to 'estii.blish,a"pUblic.'l'lea~ing record and enter the Aspen Area General Plan, 1966, as amended, the Municipal Code, Alan's memorandum and any attachments to the record so that there are supporting materials in the record of proceedings. Alan explained that the Ute City preliminary Plat is in the RF-Zone, a 15,000 square foot lot, location 923 of 909 Cooper St. between the Cooper Apartments and the Hungarian Lodge. It is one of the three projects approved by the Connnission on the 1981 GMP competition. Mr. Richman stated that the Connnission had not seen this project at the conceptual level again because the planning office had pushed it on through to "conceptual before Council" since the P&Z had already heard the concept. There were six conditions on the approval inVOlving water system service, curb cut on Highway 82, sidewalk, air quality and energy considerations, landscaping and mass and bulk considerations with regard to the REO and the ability of the historic structure to be preserved or destroyed. Alan Richman went on to say that the applicant is requesting several of these at the same time and he (Alan Richman) hopes to 3tream- line the process and get the project built in time. Included in those requests are preliminary plat, RBO, exception from subdivision for employee units and condominiumization. The proposal is 22 units 12 of which are to be deedrestricted to low income, 2 to moderate income and 8 free market units, which is exactly what was proposed in the original GMP. In terms of the preliminary plat Alan explained that the Planning office had first looked at the conditions of the conceptual approval which the applicant has adressed. The water system agreement has been provided through the applicant and Jim Markalunas, water superintendent. The applicant has no problem with the curb cut conditions or the sidewalk conditions.. He has also agreed to the air quality and,eII"rgy:.c<:mservation conditions. However, the landscaping and mass 'and bulk question is one the commission will need to look at closely. The applicant has a landscaping proposal and the mass and bulk will be considered in relationship to the REO. Alan explained that in order to get the density proposed at the site there is a very massive, bulky structure. In terms of the Building Dept.'s review Herb Paddock, inspector, found the present building at the site impossible to move, the building has since been demolished. Other features of the preliminary plat include the fact that there is no variance requested in terms of parking, the proposal in general meets the original proposal under GMP applications fORM '0 C. F. HOECKEL B. a. a. L. CD. RECORD OF PROCEEDINGS 100 Leaves Ute City Preliminary Plat (cont) Public Hearing Alan continued by saying that he felt it was important that it is walking distance from the CBD into the general center of the city. The city electric dept. requested provision of the load requirement for the electric service, which the planning office did not know. Therefore there were several conditions set for reccmrendation of approval, II"Ost being the actions requested at the conceptual level. The applicant was asked to pay his share of the cost of the water system improverrent, that he meet the conditions of the =b cut, provide the sidewalk, provide the electric dept. with information about the loads for the project and follow GMP sul::mission and that the applicant also agree to pay the park dedication fees for the 8 free market tUlits, which '<IDuld be completed prior to the final plat as part of the subdivision agreement. Al Blcmquist confirrtEd that the fireplaces '<IDuld be in the 8 free market tUlits. Lee Pardee reiterated the excellence of the application saying that he hoped other applications will be prepared with the sane detail. Olof Hedstrom then opened the public hearing. Perry Harvey asked what the applicant was doing in tenus of landscaping to minimize the impact of the mass of the project. The applicant explained that there '<IDuld be a sunken area in front, planting, sod, a sunken court area in the back, as well as screening from the parking from the street. Roger asked about the exterior of the building. The applicant stated that there was an interior roof drain so the roof is pitched towards the interior roof drain. Perry Harvey II"Oved to approve the prelimainary plat for ute City Place 923 909 Cooper conditioned upon the five items from city electric departrrent rremJ, June 11, 1981, and additionally that the applicant agree to pay park dedication fees for the 8 free market tUlits. Lee Pardee seconded the II"Otion. All in favor, II"Otion carried. The second request made by Ute City Place or the applicant is the rezoning application to residential bonus overlay. The first considerations were whether the applicant needs the basic requirements, whether the applicant is in the proper zone to sul::mit, if the applicant has the proper area/bulk requirerrents to sul::mit etc. The applicant did meet all of the above, requirements. Alan Richman layed out for the conrnission the "requirerrent in the district that the studio ~~lil~ will be 500 feet one bedroom - 625 square feet and 2 bedroom 1050 square feet. The application shows six studios, 12 one-bedrooms and four two-bedrooms for a total of 14,700 square feet on a 15,000 square foot parcel. If there were no REO, the applicant would be eligible for 12 one-bedrooms or instance. Richman said the FAR in the RMF wJ."th an REO J.'s 1 25 1 wh h . :, ic on this site would be 18,750; the applicant is proposing 15,876 square feet so they are under the FAR. Richman said the applicant is meeting the setbacks and the height limitations. The7e is no open space requirement. The applicant is proposing a mJ.x of low and moderate income units. Richman said the Code ?oes not allow for an applicant to charge for the space that J.S larger than specified in the GMP. Richman said the prices presented are extremely reasonable. The applicant has requested that the guidelines which will be pre~ented i~ October 1981 are the ones that should apply to this proJect. RJ.chman said there are eight criteria by which to review an REO. Richman said this project is easily serviced. It is compatible with the multi-family surrounding neighborhood. As far as compliance with the adopted housing plan, this is provided a mix of size and of prices as well as rental and sale units, which is desirable. ...._"~".~........_,_..,., Regular Meeting Planning and Zoning Commission June 23, 1981 This does meet the dispersal of deed restricted units into an area predominantly fr~e m~rket. In term~ of social impact, there will be a doubling of density, Wh1Ch 1S a tr~de off 1n RBOs. John LaSalle, representing the applicant, said the~ have a d1fferent request for the housing guidelines to apply to this p:oJect. T~e developer would like the most recent guidelines to apply at the t1me the un1t~ are rea~y f?r occupancy. These units will not be ready for Occupancy unt1l some t1me 1n 1982. The planning office is saying the guidelineE that sh?uld apply are those established in 1980 escalated by the 8 per cent. Thes~ w1l be, l~ ~ears old when ready for occupancy. La Salle said the economic marg1n for v1ab1l1ty on this project is very close. Richm~n said the precedent is to restrict them to the guidelines in effect at th~ t1me,of approval,with the appropriate yearly percent increases. Harvey sa1d he 1~ sympathet1c to the developers cost analysis. Harvey said he did not feel 1t a precedent to set the guidelines for 1982 because these won't be oc~upied u~til then. Harvey said given the RBO philosophy, the city is award1ng appl1cants for employee housing. P~rdee moved t? :eco~end approval of the Ute City Place RBO subject to the f1rst two cond1t1ons 1n the planning office memorandum of June 11, 1981; seconded by Harvey. All in favor, motion carried. Richman told the Commission the applicant is requesting ex~~ption of the employee units from GMP. There are some review criter1a, llRe determ1nation of community needs. The criteria have been addressed in previous reviews of this proj ect. Harvey moved to recommend exemption of the employee units from GMP for the Ute City project, conditioned upon applicant agreeing sales and rental prices not to exceed maximum square footage limitations in section 24-11.4(b) (3) (cc); applicant agreeding to deed restrict the 14 employee units to the appropriate guidelines in place at time of approval of the RBO and exemption from GMP by Council, with annual price adjustments approved by the city; applicant provid- ing deed restrictions limiting the six studios and six one bedrooms to low income and deed restrictions on the 2 two-bedroom units to moderate; seconded by Pardee. All in favor, motion carried. Richman said the applicant is asking for the flexibility to condominiumize the project. There are two units being displaced. 923 East Cooper was unoccupied for five years and was demolished. 909 East Cooper was owned occupied until the property was purchased and has been short-termed since then at prices outside the guidelines. There is no net reduction in the employee housing but will result in an increase of employee housing. LaSalle said P & Z should consider whether six month minimum leases are appropriate. The free market units are expensive, and the ability to sell them to subsidize the employee units should not be restricted by leases restrictions. City Attorney Taddune said P & Z does not have a choice, this is a requirement of the Code. However, this point has been brought up before. Pardee moved to recommend condominiumization of Ute City Place subject to six month minimum leases and no more than two shorter tenancies per year; seconded by Harvey. All in favor, motion carried. BUILDING INSPECTIONS PRIOR TO CONDOMINIUMIZATION Alan Richman said P & Z has wanted the information regarding life, health and safety inspections but does not want the power to determine whether the findings are appropriate or not. The Board of Appeals should be the avenue of appeal. Richman said attaching a condition of compliance with the building inspector's list is redundant. The building inspector has numerous ways to get compliance. Harvey said the life, health and safety ordinance is far too vague; it does not set any guidelines, leaves it up to the building inspector. The P & Z should either make this ordinance specific in terms of items that must be corrected. As the originating body of this requirement, P & Z has the responsibility to hear violations and set the parameters. Pardee said technicalities of the UBC should not be argued in front of P & Z and Council. Pardee said if applicants are being abused, the P & Z can comment to the building department. Hedstrom said it is an encroachment on the responsibilities of another department if P & Z starts making decisions on structural matters. This would be exceeding the authority of the P & Z. " , j RECORD OF PROCEEDINGS 100 Leaves fORM 10 C.F.HOEC!<;ELB.B.IllL.CD. Regular Meeting Planning and Zoning Commission -4- June 23, 1981 Taddune said requiring an application to be reviewed to determine whether the building will meet the requirements of the building code is a dangerous direction to be heading. Taddune recommended P & Z adopted Richmans' sugges- tion. Blomquist said he agreed with not requiring compliance but merely having an informational report. Gideon Kaufman said the building department gets very busy, and if the report is not complete applications for condominiumiza- tion get put off for a long time. Richman said the planning office will not attach a condition of compliance with the building inspector's recommendation, and the inspection will take place during the pre-application phase. Pardee, Harvey, Tygre and Hedstrom favored this approach. VICENZI/GOLDSTEIN SUBDIVISION EXCEPTION Ms. Tygre stepped down. Alan Richman, planning office, said P & Z has heard this previously; it was tabled for the applicant's attorney to review the building inspectors list. Gideon Kaufman said there are items on the building inspector's list that have been previously waived by the Boards of Appeals in 1969, and it is illegal to require them to redo things the Board of Appeals waived. Pardee said the avenue of appeal is to go back to the Board of Appeals. Hedstrom pointed out the P & Z has just decided to hear these appeals would be exceeding their authority. Kaufman said one of the conditions is to construct a five foot wide sidewalk on Hyman avenue. This would only go to an empty lot. Kaufman said it would be more applicable to require a sidewalk when there is going to be one adjoining it. Pardee said requiring this sidewalk is starting somewhere. Hunt said in the downtown area sidewalks should be required. Pardee moved to recommend approval of subdivision exception for the purposes of condominiumization of the Vicenzi/Goldstein located at 300 South Spring street with the five conditions in the planning office memorandum of May 27, 1981; seconded by Blomquist. Pardee asked why conditions 4 and 5 are in this memorandum. Kaufman pointed out P & Z had removed these at a previous meeting. Pardee amended his motion to include the first 3 conditions in the planning office; seconded by Blomquist. All in favor, motion carried. VICENTI BUILDING SUBDIVISION EXCEPTION Alan Richman said this was tabled at a previous meeting because it was noted there was a previous rental history. A unit was located on the property until May 1980, it was rented outside the housing guidelines. This unit was moved to A.C.E.S,was donated and is used as employee housing. An audience member said there is not adequate parking, the parking approved by the building department has not been put up. Richman said that is one of the conditions to provide four usable parking spaces. Pardee moved to recommend approval of subdivision exception for the purposes of condominiumization of the Vicenti at 1015 East Hyman avenue subject to and conditioned upon the four items in the June 10, 1981 memorandum; seconded by Ms. Tygre. All in favor, motion carried. GRUENBERG STREk~ MARGIN REVIEW Gideon Kaufman presented a map showing the proposed changes. The Gruenbergs need to expand their house. The house falls within the 100 foot stream margin review so P & Z has to review. The house has been where it is for 15 years. The bulk of the building is away from the river and outside the stream margin review area. Kaufman said they are willing to comply with the engineering department requirements. Regular Meeting Planning and Zoning Commission June 23, 1981 Jack JOhnson, planning office, said the staff is supportive of this applica- tion with three conditions. Hunt moved to approve the Gruenberg stream marging review with conditions 1, 2, and 3 in the planning office memorandum dated 16 June 1981; seconded by Harvey. All in favor, motion carried. Hunt moved to table the Werning subdivision exception; seconded by Ms. Tygre. All in favor, motion carried. VALLEY DUPLEX SUBDIVISION EXCEPTION Colette Penne, planning office, told P & Z this is lot 11, block 1, Pitkin Mesa subdivision. Lot size is 15,610 square feet, zoned R-15. The applicant first applied in May 1979 but was not carried through the process because of parking. Since then, the applicant has obtained an easement for parking. The structure has 3138 square feet, the upper unit has five bedrooms and 1500 square feet, the lower units has four bedrooms and about the same size. Ms. Penne said for the past four years the unit has been owner occupied and neither unit used as a rental unit. These units should not be deed restricted but should be subject to six month rental restrictions. The duplex is a non- conforming structure as 10,000 square feet per unit is required in R-15; this does not effect condominiumization. The building department did an inspection. Blomquist suggested a note on the plat that this structure is non-conforming for any future work on this structure. Hunt moved to recommend subdivision exception of the Valley duplex for the purposes of condominiumization conditioned on items 1 and 2 of the planning office recommendation in the memo 10 June 1981, condition 3 the non-compliance of the structure be so noted on the plat and any other legal documents concerning condominiumization; seconded by Ms. Tygre. All in favor, motion carried. EDMONDSON/FLYNN/SYKES SUBDIVISION EXCEPTION Jack JOhnson, planning office, told P & Z this is a request to condominiumize property in the 700 block of West Francis. The lot is 9,000 square feet and there are three existing structures on the lot. The engineering department has requested a sidewalk, curb and gutter improvement district and an encroachment license for the fences in the city's right-of-way. Units 1 and 3 are in the sideyard setback and require one-hour fire protection for walls and windows. Johnson said this property has a lot of non-conformities, setbacks, minimum lot area per dwelling unit. Condominiumization does not address non-conformity of converting structures. Johnson said all current occupants are owners. The only restriction that would apply is the six month minimum leases. Johnson said these buildings are at the maximum and none of the structures could be expanded. Pardee moved to recommend approval of the subdivision exception for the purposes of condominiumization of the Edmondson/Flynn/Sykes property in the 700 block West Francise, lots E,F,G, block 15, with the conditions stated in the planning office memorandum dated June 16, 1981; also that the plat reflect all three structures are non-conforming; and that this item not proceed to Council until the building department has conducted its inspection; seconded by Hunt. All in favor, motion carried. USE DETERMINATION - THEATER AS AN ASSEMBLY HALL, PERMITTED USE IN C-l Alan Richman, planning office, said this is a request to use the old Post Office building in the C-l zone. The applicant wanted to put the Aspen Professional Theatre at this location for classes and performances just for this summer. Council was supportive of this request but had no method to allow this use. Assembly halls are permitted in the C-l district, and if P & Z finds that theatre classes and performances is what is meant by an assembly hall, the applicant can go ahead. Richman pointed out there is a theatre in the C-l district - the Playhouse. Richman said another criteria is whether the use is local oriented or tourist oriented. Surveys show attendance has been 2/3 locals in the past. - \ , RECORD OF PROCEEDINGS 100 Leaves FORM ~o C. F. H O~CKEL B. B. & L. co. Regular Meeting Planning and Zoning commission -6- June 23, 1981 Richman said if P & Z makes this use determination, it is not for the short term solution of this applicant but is forever. The CC zone district does have theatres as permitted uses. When restaurants were permitted in C-l, it was an erosion of the difference between the two zones. Richman said the position of the planning office is to support the integrity of the zone districts; therefore, must oppose this application. If P & Z feels the interpretation of assembly hall is a theatre, it would be a permitted use. Richman said the applicant proposes to use on-street parking and City Market parking. The staff does not feel that is adequate for the use. Richman said the staff has no problems with a non-profit arts use of this on a temporary basis, but due to erosion of the zone districts recommends denial. Taddune said this is a policy determination for the Board due to the temporary, non-profit nature of the use. Herb Paddock, building inspector, said from the building code, they would define this use as an assembly hall. Pardee said he is inclined favorably because of temporary nature, non-profit, and the definition of assembly hall in UBC. Pardee asked the applicant if he has discussed sharing City Market's parking lot. Bob Neufeld said he has not but does not believe there will be a parking problem. Hunt said although he does not have a problem with this application, it is a further erosion of the C-l zone. Sunny Vann, planning director, suggested structuring the interpretation of assembly hall to this exact use. Pardee moved to define assembly hall as a permitted use within the C-l zone because the operation will appeal mainly to -locals, because' of, thee-temporary nature, because it is a temporary nature; seconded by Ms. Tygre. All in favor, with the exception of Hunt. Motion carried. COMMERCIAL GMP CODE AMENDMENTS Alan Richman, planning office, said there is a September 1st deadline for commercial GMP applications. All applicants have been informed of proposed amendments. Blomquist said he would like to see the quota cover all commercial, office, N/C, SiC/I, etc. and hold to 24,000 square feet for all commercial zones as above. Vann said he has a problem arbitrarily reducing the quota as it came out of the growth management analysis. The Code requires that unused quota be carried over for possible distribution, however, it does not have to be used. Vann said the city is getting too much building and a lot of pressure in the 0, office zone. Vann said he would like P & Z to extend the coverage to the 0, office zone district; the quota be maintained at 24,000 square feet and that no unused quota be allocated for this year's competition. Blomquist said he would like all commercial activity in zones 0, CL, NC, SCI be subject to the GMP quota. Hedstrom agreed. Harvey said he did not feel these could be lumped together and scored equitably in competition with each other. Harvey suggested having separate competitions for the different-type commercial zones. Blomquist said if the city is going to have growth manage- ment, it should be in all zones. Hunt and Pardee agreed, Ms. Klar agreed. Blomquist said the quota at 24,000 square feet should be kept for all commercial zone districts. Blomquist noted that between 1,000 and 2,000 tourists pillows have disappeared, so the economic base for massive commercial growth is not present. Vann recommended if the GMP is extended to all zones, some flexibility of the unused quota should be retained. The P & Z agreed. Kaufman said he does not have a problem with the extension of the quota but the time frame it is being done in as the competition is in less than three months. Hedstrom agreed the timing is not great. Vann said the GMP submission date could be changed for this year. ~4__.'_"~,__,_,,,, "..,..._..._...,~,..." .-....-.-- ) '''''- Regular Meeting Planning and Zoning Commission June 23, 1981 Ms. Tygre said she felt the inclusion of employee housing in the commercial core is a benefit, rather than an accessory use. Kaufman pointed out there is a problem with the noise factor and residential uses. Pardee said the largest generator of employees is the commercial uses, and they should have to provide housing. Richman said this change is adding the flexibility of on- or off-site. Ms. Tygre said she feels only low income employee units should be exempted from growth management; Hedstrom and Blomquist agreed. Vann said the housing plan looks at housing different categories of employees. Hunt said he would prefer to ask for the type of units that are needed at the time. Hedstrom said the points in locally oriented services should be wiped out as there is no way to enforce this provision. This is up to the zone categories. The P & Z agreed, zap that section. Vann said that adequacy of services should be added due to increasing the size of increased coverage. The P & Z agreed with historic features/HPC review section. Vann said the applicant's previous performance is a category requested by the P & Z to keep applicants from getting a GMP allocation and then sitting on it. This recommends unless a building permit is obtained, an applicant is not allowed to compete. Blomquist said he would rather see each Commission member have discretionary points for anything important to that member. Vann said the amendment criteria is to clarify when an applicant must come back to P & Z when they change their application. The Commission approved the five conditions in this section. Pardee brought up very small commercial expansions, and right now the P & Z has no way to deal with these. Pardee requested the staff come back with a recommendation. Hunt moved to adjourn at 8:10 p.m.; seconded by Ms. Klar. All in favor, motion carried. ~~ dJ3w,- Kathryn S Koch, City Clerk ......*..