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HomeMy WebLinkAboutminutes.apz.19820119 i Ii RECORD OF PROCEEDINGS 100 Leaves FORM " LF.HOECKELB. B.1l: l. CO. Planning and Zoning Commission Regular Meeting January 19, 1982 The Planning and Zoning Commission met on January 19, 1982 for a regular meeting. Members present: Olof Hedstrom, Welton Anderson, Perry Harvey, Roger Hunt, Jasmine Tygre, Al Bloomquist and Pat Falin. Commissioners Comments ) Pat-falin-comments that the signs have not yet been removed from across the street for Police car parking. Sunny Vann of the Planning Office stated that Dan McArthur of the Engineering Department would answer any questions regarding parking and the barracades. Dan McArthur said that while construction was taking place on City Hall roof the Police were allowed to park on South side of Hopkins street. The police re- quested to keep those parking spaces after construc- tion because angle parking is easier to get in and out of. JasmineTygre mentions the parking situation in the alley behind City Hall. She asked if it would be possible for some of the Administration cars that are not required for emergencies to park at the Rio Grande parking lot. Jasmine suggests that the Police ( cars park in the alley. Olof Hedstrom summarizes the attitude of the Commis- sion. The point is well made, that this resort com- munity should look first to the convenience and benefit of the tourist and visitors, especially in regard to parking. Dan McArthur said that he would take this matter up with the City Manager and the Police Chief and would come back to the Planning and Zoning Commission with a report. Dan McArthur addresses the objections of Commission members on barracades constructed throughout the City of Aspen. Dan stated that there is a section in the Code that allows temporary construction within the public right of way; that is specifically towards temporary guardrails, pedestrian wal~waYG and protec- tive canopys and field offices. There is a Chapter 44 of the UniformBuilding Code which regulations for use of public streets and properties and bhere are restrictions; any kind of demolition work, remodel work, new construction, if you are within certain foot requirements from the property line to the building line, you have to provide either a temporary fence, temporary guardrail etc. Roger Hunt suggests that the Engineering Department recommend the initiation of an Ordinance which would state that in "high winter" tourist time builders are expected to move the barracades back out of the public right of way. Al Bloomquist feels that this a regulatory matter, not Planning. Olof Hedstrom asked that Dan McArthur work on this problem. Approval of Minutes New Business " ., I I ,1"",._ . . M""",,->,; ..._~'... -2- Olof Hedstrom entertains a motion to approve the minutes of Nov. 24, 1981. Roger Hunt so moves. Motion carried No discussion. All in favor. Tom Thumb Condominiumization and Exemption of Employe. Units from GMP. Colette Penne of the Planning Office distributes the plans for the project and introduces Tam Scott as representative to applicant in this case. Colette states the applicants request: Subdivision exception for the purposes of condominiumization for the Tom Thumb Building Commercial Condominiums and exemption from the Growth Management Plan for the three employee units and exemption from the provision of parking spaces for the units. This is the new commercial building at the end of Hyman Ave. Mall across from the Wheeler Opera House, it is in the CC Zone. The three units that the applicant wishes to Deed Restrict to employee housing are newly construc- ted, therefore there is no reduction in the supply of low or moderate housing. Six month minimum leases must be imposed. Jim Hamilton of the County Housing Offices recommends that the two smaller units, Apt. 1 and 2, should be rented in the low income category and Apt. 3, in the moderate income category. Another point raised by Jim Hamilton, if the empolyee units are individually metered then utilities should be above those costs, if they are not they have to pay there slice of the total square footage of the enite buildings utility bill. Also, in the CC Zone parking spaces for residential uses are subjoct to special review by the Planning and Zoning Commission. In this case the Planning Office recommends that the requiremnet for three spaces for three bedrooms be waived, however there is an increase in parking in the commercial coreand it may be time to start considering the proposal of a parking garage on the Rio Grande property, it would possibly ,be tlimely to consider requiring the number of bedrooms in the proposed units. The Planning Office recommends subdivision excep- t~on for the purposes of condominiumization and GMP exemption for the three employee units outlined with the rental prices set at low-income levels for Units 1 and 2 and moderate income level for Unit 3, and a waiver of provision of parking requirements for the employee units due to their location of the CC zone. The following conditions should be attached to these approvals: 1. Six-month minimum leases with no more than two shorter tenancies per year. 2. Utilities being paid by the tenants if the units are individually metered and by the landlord if individual meters are not provided. 3. The five conditions for plat amendment outlined in the Engineering Department memo. Olof asked if the Commission members had questions for Colette. I Roger Hunt thinks that the Commission should know one way or the other which way the meters are set up. Tam Scott said that they are all individually metered and none of the three individual units will bear the assesment cost of the commercial office space Roger Hunt is also conderned about the parking. Olof asked howmany separate condominiums there will be? RECORD OF PROCEEDINGS 100 Leaves FORM '0 C.F.HO(CKELB.B.a..co. -3- Perry Harvery said that it looks like about 13 units from the drawings. Roger Hunt said there is a different kind of usage resulting from the condominiumization of different apartments. If the apartments were a single condo- minium administered by one party and all of them were rented then that party yould deterrnine.who they rent to on the basis of whether they had a car or not. Whereas if you give them a simple deed for a condomin- ium, chances are they will have a car and what do we as a community do with that car? Roger said that this isa major problem. Perry Harvey asked Colette if there was anything in the application about deed restricting these resi- dential condominiums. Colette stated that she is suggesting that the deed restrictions be at low income levels for the smaller apartments and moderate level for unit number 3. Perry Harvey said that in the recommendation that only speaks to rental not to sale. Colette said that was a good point and that should be added. Tam Scott expressed concern over the classification question; what is the rationale or the basis is for what is suggesting that the three units be low. He.feels that all of the units should be at moderate income level. Olof Hedstrom commented on retionale for low, mod- erate and high. It had been clearly established for the need of the community...GMP competition and in- centive for employee housing. ....~ Roger Hunt adds that on( eminity' that all of these apartments do not have is p~r~kiIlg. Al Bloomquist thinks that all of these units be low and he thinks that P&Z should adopt a policy not to consider anything but low. Perry Harvey said that P&Z had requested that hous- ing office give the P&Z their recommendation based on present need. Perry doesn't see that the building dept. has given any justification for the grading. Colette said that the Housing director did take square footages and other information and said that he two low and one moderate would be the categories the units would be under. Olof Hedstrom asked if the Commission wanted to question the recommendations of the housing office. Al Bloomquist said it is important to establish a firm policy on what kind of housing the Planning and Zoning commission would require. Jasmine Tygre said that at one time they were advising applicant if they were applying for employee housing they should be prepared to submit the project on the basis that they would get low and that if in fact they were able to change that to moderate or middle that would make their financial picture that much more satisfactory. Roger Hunt agrees with Jasmine. Roger Hunt Moves that the Planning and Zoning Com- mission recommend Subdivision Exception for the purpose of condominiumization and GMP exemption for the three employee housing units outlined with the rental prices set at low-income level for Units 1 arid 2 and moderate income level for unit 3... '"<>--".~._. 1M Mjllllil~"""_"I'''''''''-~'. .. ,.~.. "''''.''''--' -4- and a waiver of provision of parking requirements fo the employee units due to their location in the CC zone. The following condition should be attached to these approvals: 1. Six- month minimum leases with no more than two shorter tenancies per year. 2. Utilities being paid by the tenants if the units are individually metered and by the landlord if individual meters are not provided. 3. The five conditions for plat amendment out- lined in the Engineering Department memo. Al Bloomquist would like the Commission to con- sider putting all of the units at low. Roger agrees with the housing authority. Welton agrees with the housing authority. Olof asked if there were any further questions or discussion. All in favor of the motion. Olof Hedstrom Aye Welton Anderson Aye Perry Harvey Aye Roger Hunt Aye Jasmine Tygre Aye Al Bloomquist Aye Pat Falin Aye Motion is carried. Public Hearing Golf Course Subdivision - Preliminary Plat and Rezoning of Golf Course Support Overlay. Alice Davis of the Planning Office states the appli- cants request: This is an application on behalf of the City of Aspen by the Engineering Department. The applicant requests approval of the preliminary plat submission which subdivides the golf course into two parcels and also requests that each parcel be rezoned as appropriate to the use of the property. The applicant requests that lot 1, which encom- passes the 182.035 acres of land used for the golf course be zoned "p" Park and that the second lot Lot 2, encompassing the four acres of land to be zoned "p" park, with a GCS - golf course overlay. Finally, the aplicant requests that the land adjacent to Lot 2, which includes the existing parking lot and private roadway, and which is included in Lot 1, also receive "GCS" overlay designation. The City Attorney stated that he felt the subdi- vision should beconditioned upon the recording of cov- enants running with Lot 2 setting forth the terms and conditions of the ballot question which authoriz- ed the sale of the Plum Tree premises. The City Engineering Department had three comments which are listed in the memo basicly revisions in the plat including the inclusion of the 10 foot easement for maintenance access, inclusion of the signed and sealed date of survey, and request by the City Engineers that sheet indexing be done and few other minor details. The Major Utilities Company's didn't have any prob- lem except that the Rocky Mountain Natural Gas indi- cated that the Plat should indicate a natural gas service line into the main boiler area. Alice continued with the Planning Office review: at the conceptual stage both the Planning and Zoning Commission and Council approved this with two major changes: 1) removal of lots three and four which were lots that were to be used for employee housing and 2) the designation of the land adjacent to lot 2, that this be zoned golf course support. Both of these changes have been done. The Planning Office is in support of recommending Preliminary Plat approval and Rezoning property as requested. Perry Harvey asked if they can put two differnet zones on one parcel of property and outline without '-" , , RECORD OF PROCEEDINGS. 100 Leaves FORM'C C.F.HOfLKEL8.B.IIl.CJ. -5- creating a separate parcel out of it? What is being said is this whole thing is Park except this portion which is zoned differently. Ja,;Hammond of the Engineering Department said that is only for the overlay purpose and Jay be- lieves that the reasoning behind the golf course support is to create a zone that would allow the Pro shop and the Hotel and the Bar as supports to the Golf Course. Roger Hunt said that it looks like the Planning Of- fice is talking about three parcels. Alice Davis said the premise is that in the final Plat it will be designated sufficiently outlined that only that part of lot 1 has overlay designation. Paul Taddune, City Attorney, said that he would like to talk to the Planning Office about this . pauf's understanding of this was that we were going to tppose over the golf course property, a Golf Support overlay which would allow us to develope emenities to the golf course. Paul does not see any reason why we should separate all these parcels and zone one parcel as one zone with a Golf Support Overlay and leave the golf course out of it all to- gether. The Golf Course is owned by the City, so the City sets the rules. Olof Hedstrom said that he is inclined to go along with the recommendations of the Planning Office. Olof does not favor placing a GCS over the(enIte~ Golf Course Park zoning. . Roger Hunt said we are going to recommend approval on preliminary plat based on what is before the Plan- ning and Zoning Commission,so does that mean that if we pass it on to the City Council as it is with our recommendation they could arbitrarily put that GSA over everything. Paul Taddune said yes because they are the Zoning end of it and Planning and Zoning is not, P&Z is just a recommending body. Perry Harvey asked if P&Z can approve Prelim- inary Plat conditional upon the zoning as set up here and if Council changes that the Preliminary Plat is f/ Olof asked if the Commission would like to see the Zoning before action is taken on the preliminary plat Yes - all Commission members agree. Roger Hunt moves to recommend to City Council the re-zoning of the golf course property specifical- ly re-zoning Lot 1 as Park, and also designate land shown on the Plat adjacent to Lot 2 with a golf course support over-lay~ Roger said the reason for the motion in this form is tbat the Planning Offfice is specifically worried about golf support area overlay being applied to the entire parcel of Lot ~ thus allowing any fu- ture building by the City on an Administrative basis without public review. The Commission members recall that a Public Hear- ing had not been opened on the Zoning. Roger withdraws his motion. Olof Hedstrom opens the Public Hearing on the Zoning of the Golf Course Subdivision. No comments from the public. Olof closes the Public Hearing. .,."--_...~,_.__..,,....,_....._..- -6- Roger moves to recommend to City Council the re- zoning of the golf course property Lot 1 as Park and designate the land shown on the Plat adjacent to Lot 2 with a golf course support overlay. Re- zone Lot 2 Park with a golf course support overlay. Roger again stated his reason for the wording of the motion; is that the Commission is concerned of the possibility of putting a golf support area overlay over the entire Lot 1, allowing building by the City on an Administrative basis withour Public review. Jasmine Tygre seconds the motion. Al Bloomquist asked if there would be any advan- tage to amending the motion to include it as Park SPA, so that there is a required review and a requirement for a master plan filed and so forth. Al feels that Lot 2 should be exempted and just make it the overlay without the Park under it. Olof said the Commission could not do that. Olof asked if there is further discussion? All in favor. Olof Hedstrom Welton Anderson Perry Harvey Roger Hunt Jasmine Tygre Al Bloomquist Pat Falin Motion is carried. Preliminary Plat is tabled until property has been zoned. Paul Taddune advises the Commission to make a motion to table any decision on the Preliminary Plat. Roger Hunt moves to table the Preliminary Plat submission proceedings until the next regular Plan- ning and Zoning Commission meeting. All in favor. Motion is carried. Aye Aye Aye Aye Aye Aye Aye. Public Hearing 700 S. Galena Preliminary Plat Alice Davis of the Planning Office presents the Pre- liminary Plat for 700 S. Galena. It is zones L-2 and located on aprroximately 21,602 square feet. The applicant, H.B.C. Investments, is requesting preliminary plat approval for the 700 S. Galena Street project as part of the subdivision process. The applicant received approval for amendments made to this 1978 residnetial GMP application along with conceptual subdivision approval from P&Z on December 11, 1981 and from City Council on December 14, 1981. The Engineerings major comment was that the applicant be required to obtain any necessary easements from the previous property owner as the property's development plan calls for the construction of terrace level improvements, walkways and retaining walls which will encroach upon these easements. The Building Department found the project to be in compliance with the floor area ratio and height re- quirements of the Code. The City Attorney clarified that the easements found on the preliminary plat are not public easements but are interests dedicated in the property deed by the previous owner for his personal use. The interests in these easements can and should be obtained by the applicant from the previous owner since the project's construction is to encroach upon these easements. The Planning Office review shows that there are 16 free market units and one employee unit. The build out is almost 100%. There is a parking agreement '-" RECORD OF PROCEEDINGS 100 Leaves I'ORM" L F. HOECKEL 8. 8.ft L. CD. -7- which runs with the property deed, the proposed project has 26 underground parking spaces. In 1976 the agreement with the Continental Inn, the parking must be reserved for parking to accornodate ten standard size automobiles. In order to do this the applicant will have to increase the parking by one space because there are 17 required for this project plus the 10 to be reserved. During the conceptual subdivision review the Plan- ning and Zoning Commission expressed an interest in requiring a completion schedule for the proposed project to assure that it is constructed in a timely manner. Requirements for the completion schedule: 1. Construction must commence within 120 days from the date of issuance of the permit or the permit becomes null and void. 2. Work equal to 10% of the evaluation of the entire project must be completed in each 60 day period after work commences until the project is completed or the permit expires. 3. If the permit expires, the following provisions shall apply: a) All below grade excavation shall be filled within 30 days of expiration in order to bring the site to a condition comparable to that before permit issuance. b) Any protective structures placed in the right of way as well as all hazardous conditions must be removed within 10 days of permit expiration. c) Before work can recommence, a new permit must be obtained. d) No permit shall be reissued for any construc- tion or activity prohibited by law at the time of the application for reissuance. 4. Whenever practical difficulties or unnecessary hardships occur in meeting this section of the Code, the Board of Appeals may vary or modify the applica- tion of this section so that the intent and pur- pose of the Code is still observed. The Planning and Zoning Commission also requested that the applicant illustrate how the proposed pro- ject will work with and without an RBO as the appli- cant may submit and RBO application at some time in the future. The applicant has stated that if an RBO is requested and approved there will be two stories, each approximately l4 feet high. The application has met several of the conditions of conceptual submission approval as to the access to the parking garge as well as an accessible trash area has been properly indicated in the preliminary plat. The applicant should be required to meet all of the obligations committed to in the amended 1978 GMP application. Alice Davis states the Planning Office recommendation: The Planning Office recommends that the Planning and Zoning Commission grant approval to the preliminary plat for the 700 South Galena Street project subject to the following conditions: 1. The applicant must obtain the necessary ease ments from the previous property owner in the areas where project construction encroaches o~on these easements. " .. I loIIlIoM,....._~__,,_."__ -8- 2. The applicant must provide 27 underground parking spaces in order to comply with the 1976 Continental Inn parking agreement and the parking requirements of Section 24-4.5 of the Code. The 10 spaces reserved as part of the Contin- ental Inn agreement must be legally transferred from the north end of the subject property to the underground facility. The applicant must clearly indicate in the site design how the southeast corner of the property which is in excess of a 40% slope, will be graded and/or retained. Prior to obtaining a certificate of occupancy, the applicant must fulfill all obligations that he committed to in the complete, amended applica- tion including, but not limited to the following: a) 27% of the site shall be retained as open space; b) Drainage control facilities shall be provided on the site, including a series of dry wells, retention wells, and planted diversion berm; c) Energy features shall be incorporated in the building, including solor collectors for hot water heating, energy efficient fireplaces, and insulation exceeding regulated standards; d) Social facilities shall be provided within the project, including a child care center, recycling facilities and an indoor/outdoor pool; e) Site design shall be shown in the amended application using a three story straight line configuration which will maximize solar utilization; f) Sidewalks shall be constructed along S. Galena Street; g) Elevators and stairs shall be provided to serve the three stories from the parking garage. h) Site and Building design s&all permit un- obstructed movement for wheelchair confined or other handicapped persons; i) The twelve employee units at 925 Durant (part of this joint application) must be deed restricted to low income housing and a certificate of occupancy on the units at 700 S. Galena; j) All other obligations not listed above but established in the complete amended appli- cation for 700 S. Galena shall be provided; k) Prior to issuance of a building permit, the plans shall be submitted to the Planning Office for confirmation of their consistency with the amended GMP application, as approved by P&Z and City Council. The applicant recognizes that preliminary plat approval does not signify any acceptance, nor create any reliance, upon a subsequent RBO on other applications. Construction on the 700 South Galena Street Project must start as early in the Spring of 1982 as the soils allow and the applicant must agree to the completion schedule found in Section 7-141 of the municipal Code. This schedule indicates that ten percent of the total evaluation of the project must be completed each 60 days. 3. 4. 5. 6. , , RECORD OF PROCEEDINGS 100 Leaves fOR"''' C_ f.WIECKEL B. B.lt L. C). -9- The Planning office is also conditioning that the employee unit is a one bedroom unit, otherwise it won't meet the area and bulk requirements. Olof Hedstrom opens the Public Hearing with questions from the Commission members: Jasmine Tygre said that in a special meeting on and RBO approval certain Commission members were very specific on requesting the applicant to show the Board members two plans for the project; One with RBO approval and one without RBO approval. It was specifically stated that the members did not want to see the same height building; in other word the way it was shown there were like little hol- lows where the extra units were going to go. If RBO approval was given for example, once the side walls are build then it is quite possible that the additional five units could be constructed in advance of an RBO approval. Jasmine does not feel the appli- cant has addressed the question that was brought up at an earlier meeting. Al Bloomquist has the feeling that on newly construc- ted projects, that the whole RBO question should proceed and come in right in the beginning rather than late. The Staff shoulf look at this problem. Roger Hunt said that in the Planning office recom- mendations, 4(e) concerning solor utilization, will the applicant have any solar there to utilize? Roger assumes they are talking about roof-top panels what does the solar profile look like? What kind of an energy profile do you have, because you are located right at the base of Shadow Mountain? Roger questions the wording of paragraph three in the Planning Office memo - Roger thinks the words and will be subject to Engineering Department approval On paragraph 4(j) what is the meaning of the last word provided means - does that mean shall be complied with? Alice Davis agrees with Roger. Perry Harvey has an acedemic question for the appli- cant - the garage access ramp showed a 20~degree slope is there any uniform building Code that limits that? What will you use - a snow melt systme with a drain at the bottom. Mark Danielson of Hans Cantrups office answered yes. Perry asked what the roof height with the solor panels Mark Danielson said that it would be the 28ft. height limitation plus the additional 5 foot as allowed by the Code. Pat Falin said that from the meeting of Dec.ll, 1981 that the Commisssion members did put more restrictions on RBO. Alice Davis said that the only two that are not there that were there before have been dealt with which were the trash and the parking. Alice suggests that something should be added to the end of the forst condition - that it is prior to the issuance of the building permit. .. " ~._.._._______",. k -10- Al Bloomquist stated that he would like to se, in the future, adjacent parcels and buildings identified and wherever a solar condition is affected by a new project, he would like to see how it affects the adjacent property. What does this do to the build up of ice on the street, now with these buildings there the sun won't get to the street? That is an impact on adjacent property. How will the applicant mitigate the negative impact? Mark Danielson makes a presentation in responseto the Commission members questions and comments. Mark shows what was presented for the RBO at the conceptual stage and how they are deviating from that plan. The concern of the P&Z at the conceptual level was to create a situation whereby an RBO could not, before approvals, be placed after say construction of original 16 free market units. That plan shows three levels of units. The 16 units were approved but not an RBO approved, the P&Z con~ cern was to prevent a situation whereby the upper units could be built in without an RBO approval. The applicant tried to reslovethat by instead of taking as originally proposed just eliminating a bal- cony and leaving this unit basicly with a cathedral ceiling two stories high, guarenteed against any decking by splitting that cathedral ceiling along two units. Each of these units are only about 12 feet high, which prevents any possible creation of new units. Mark continues with the ramp which was a concern at the conceptual level for both P&Z and Council has been changed. There is no longer an angle drive- way but a straight drive-in. The applicant has added a snow-melt situation to resolve the slope pf 20%, modified the slope for easier access and added a pedestrian walk-way to get down to the park- ing garage. A trash facility has been added and because of the parking agreement with the Continental Inn they have added an additional parking space. The applicant come out with the 17 units that are required for the project plus the 10 units that are required for the Continental agreement for a total of 27 parking spaces. Mark said that they now meet all of the requirements of both the Code and the Continental agreement for parking. Perry Harvey asked what the square footage of the garage. Mark said it is about 7,660 sq. ft. Perry asked what they will do if they come back for an RBO and are given 5 more units? Mark said that the RBO would be a totally differ- ent application. First they will come back with new drawings and new plans. They would have an agree- ment in hand that transfers those ten parking spaces elsewhere. Mark introduces George Bryant who is the contractor Bob Patillo who is the engineer and. Ed Wood ridge who is one of the architects on the project. Mark continues with the conditions contained in the preliminary plat letter by the Planning Office, those are being taken care of at this time and do not pose any potential problems for the project. The other conditions listed under 4,5,&6 &7 are agreeable and satisfactory to the property owner. Mark feels that the applicant has adressed the probleIT of the retaining wall. Mark said that the solor panels will be placed on the roof, right now the solar consultants have indicated that a total of 63 panels would be necessary to supplement the domestic hot water heating of the paroject. The panels would be approximately 6 feet wide by no more than five feet high depending on exact angle of the Sun. ,,, RECORD OF PROCEEDINGS 100 Leaves F ORM'~ C. F. H OECKEL B. a. a l. CO. -11- Roger Hunt asked if the projects Solar consultants are familiar with solar panels in "Snow Country" ? Mark said "yes, they are". Mark said that one of things they will be using for the solar panels is a"sun core-non glare", this is relatively new and prevents glare. Mark addressed AI's queation about the road - yes the project will block at least in the morning hours however being that the road is impent a~most due Soutl of the Sun, he does't feel it will create any problem with the road in the afternoon. Roger said that basiclythey are putting the solar panels on a flat roof, what provisions are you making to make the panels effective in snow conditions? Mark said that a man with a big snow-blower would tend to that, but they are not at the stage to deter- mine exactly how the panels will work, this will come as a result of intensive studies by the consultants. Olof Hedstrom opens the public hearing on the 700 S. Galena Project preliminary plat. Russ Pielstick, Architect hired by the Anderman's to take a look at this project and do some evaluation on it. The Anderman's own the house located right next to the project. The Anderman's have a few con- cerns about the new project. The applicant is pro- poseing to put in a retaining wall underneath the Anderman's existing house - this represents about 32 feet of cut and another additional 10 feet if they take the soils engineer's recommendation to go down to the gravel.Mr. Pielstick said that it is in the power of the City to request additioanl information. Mr. Pielstick feels that the applicant should be askec to provide topography, geological study and hydrologic study of this area. The Anderman's are very con- cerned about about the hydrology of the active ground water and if there is sufficient ground water in the hillside, how the drainage of the retaining wall is handeled. The Building inspector said that the building conforms with the building code but the plans that were available showed three parking spaces between column center lines that were 25foot 6 in. The column seem to penetrate the parking area. Mr Pielstick speaks to the subject of the solar panel, he feels that this is a rather ludicrous use because of the times of sunrise and sunset. Russ is suggest- ing the Planning and Zoning Commission recommend that the solar panels not be used. J.D. Muller, lives at the Tipple Inn. After look- ing at the maps and view planes, J.D. feels that it is just too close to call and requests that a measurement be taken to determine if these heights intercept with the view plane. J.D. is very concern- about the amount of water that flows all of the time. Alice Davis said that three leeters were received by the Planning office in regard to the building of the project Gary Plumley has lived and worked in the neighbor- hood for about 14 years and his concerns on the pro - ject are: the density, total build out and the lot size, the height of the building. One and half years ago in the fall the site was excavated without an excavation permit, trees were taken down. The Building inspector was informed and he did nothing about it. ", ~IIU - Ul__.,*'....~"'''".. -12,.- Gary is concerned also about the length of time this project will take to be completed. The twenty month limitation the Planning Office has suggested is too long and the consequences of not meeting the completion period are not difficult enough for the developer. In 1978 Gary had asolor design study made for the Tipple Inn and found that the solar was not feasible in that location. Gary has observed water running out of the hillside even in the summer. He feels the design of the sidewalk and the parking area with the trees shown is very impractical for thi, area. Traditionally the snow has been plowed to the side of th e street and it is impossible for trees to survive. Don Crawford thinks that the visual impact of this project is going to be tremendous and that the "next to useless" solar panels will interfere with the view of Aspen mountain down Galena Street. Mrs. Anderman said that she never received a notice of anything going on until Dec. 28, 1981 that this is happening. She feels very rushed with all the approvals having to be decided on right now, when the the applicant has has the land for four year, The Manager of theDurant Condominiums said that he never received notification of this project. He too, feels that the solar panels are "useless" and the location will not offer solar energy to the building. He is also concerned about keeping the sidewalks cleared of snow. Bill Dreuding would like to clarify one thing Russ Pielstick said about the building permit. The Building Department has not approved the plans yet. Olof Hedstrom closes the public hearing Roger Hunt feels that he does not have much in- formation on this to recommend approval. The hydrology problem is a severe problem and should have more engineering input because the hydrology can be just as must of a consideration as height. Roger agrees with Russ concerning the solar panels in the use of this project. Roger also wants to know where the view planes are in that area. Perry Harvey said that considering this is a pre- liminary plat applicatiom, he doesn't feel the Commis- sion has been given any information. This is the last and only chance the Board has to take a look at this. Perry is concerned about the Planning Office recommendation which states that construction must start as early in the spring as the soils allow and the applicant must agree to a completion schedule It seems to Perry that the run-off will certainly de- lay the soild being ready for this project. It seems as though the soil reports have not been completed and if the applicant is forced to start excavation mid-July (or whenever the soils are ready) that the building could be no where near closed in even by Christmas. Perry feels this will be a problem for everyone. He would like to see the soils reports, water diversion plan, some specific security guarentees for the neighbors and detailed plan to mitigate the run-off. The solor panels, from the testimony don't appear to be worth anything It is Perry's feeling that he would like to see a more detailed excavation plan and a report which would specify when given subnormal and normal run-off year when this project can get underway. Olof Hedstrom said that everyone is raising ques- tions about the soils,water, hydrology etc. Olof thinks we should face the question of whether or not this Commission wants to see those reports and and the solution to them. Al Bloomquist reads section20-9 Suitablity of Land' for Subdivision. RECORD OF PROCEEDINGS 100 Leaves FORM" C.F.HOEtKElB.B.8tL.CJ. -13- Based on findings of by qualified engineers or engineering geologists or other professional no land shall be subdivided which is held by the Planning Commission to unsuitable for subdivision by reason of flooding, bad drainage, rock or soil creep, mud flow, rock slide , avalanche, or snow slide steep topography or any other potential natural hazard, feature, or condition likely to be harmful to the health, safety, or welfare of the future residnets of the proposed subdivision or of the City. Olof said that answers his question and he now feels that the the Commission needs the authoritative reports . Al said that inessence what the Code is saying is that the Board cannot go this step until qualified Engineersing geologists and so on, certify this study. Pat Falin is in agreement with Perry Harvey and does not feel she would vote on this until more in- formation is given. Welton Anderson said that every problem has a solution. The Engineer that is working on this is a competent engineer and can overcome many of these problems. Welton said it is a waste of money to believe that you can get any benefit from domestic hot water heating. In addition to the feet above rule states that for a pitched roof it has to be 5 feet belowas well. Perry Harvey comments that the Engineering Depart- ments comments are very brief. Jay Hammond of Engineering Department has discus- sed everything that has been discussed here in terms of slope concerns, Jay was under the understanding that he would have a soils report. Mark Danielson said that they do have soils re- r ports which were given to the Engineering Department. Bob Patillo comments on the retaining~walls and the soils. The problem is a technical one but can be solved at this stage. The soils report did not identify any slope stability problems with the upper hill. The water flow may be substantial at times but they were able to handle them with dry wells and other mitigating devices without any problem. Mark feels that they will be able to eliminate the concerns of the neighbors about protection by: 1. putting in a retaining wall that is sufficient to hold the soil beneath the neighbors homes. 2. The view plane may not be in the solar plane. 3. The sidewalk is snow-melted. Mark said that any hrydology or geological studies could be made available for review by any concern at the appropriate time and before a CO is given, the approval can be conditioned upon that all the studies are done. Al Bloomquist said that the testimony of long time residents, which is highly regarded by the army Corp of Engineersand others that do hydroalogic study. Al feels the matter should be tabled until qualified soils people certify as to their technical findings above and beyond what is normally nec- essary for average subdivisions. Olof Hedstrom agrees throughly with AI's comments ,~ '"." ~. 'J '..,....,.~......._"....~~~"-"'...'."'._;~..., -14- Olof said that this Commission would be completly out of line to proceed and farther without a certifi- cation by qualified engineers as to the conditions that exist and their suitability for construction. Perry feels there is a responsibility to the appli- cant, if the Board is concerned with water and drainage on that site are we saying that we have to do measurements at the peak time of the year - which is not going to occur until Mayor June before the Commission can be adequately satisfied. Perry reads from the code; within thirty days after the hearing on preliminary plat the Commisssion shall approve, diapprove subject to modifications Failure of the Planning Commission to act on the preliminary plat within thirty days shall be deemed approval of the plat. Paul Taddune said that a hearing is something that can go on for a very long period so that when you table something it means that your hearing is still open. Welton said that the soil test has already been done. Olof said that if it has been done the applicant should give the commission the certification. Mrs Anderman said that one anda half years ago they had a soil engineer do a study andhe said that his soil report was contradictory to the Cantrup~ report. Mark Danielson said that the Cantrup's have signed a letter to the Anderman's stating that they would design and put in a retaining wall and will protect the Anderman's property and take care of all of their concerns. Olof said that there is enough evidence and, conflicting testimony that the Commission is put in a position of having to be certained. Olof said there are two methods of getting the information: 1) require independent certified statemnt of the conditions and the satisfactory solution to them 2) to put that into a condition of approval at this time. Roger Hunt is not ready to go forward with an ap- roval because he doesn't have enough information. Al Bloomquist is in agreement with Roger. Perry Harvey would like to see the hearing contin- ued and the issue tabled until a date certain and at that time act based upon whatever has been produ- ced by the applicant. Pat Falin is in agreement with Perry. Welton is also in agreement. Jasmine agrees with Perry and should proceed with all due speed as soon as the information is before us. Spence Schiffer, attorney representing Cantrup's would like to remind the Commission that they are under a time constraint and they do not have the lux- ury of tabling this or continuing this public hearing, in effect what your action would be would be to "doom this project" as well as the companion employee housing project. Olof asked what the time constraint was? Spence said Feb. 1, 1982 Alice Davis said that there is an option to have an extension of the deadline, which would be Council's decision. Olof Hedstrom re-opens the Public Hearing on the 700 S. Galena Preliminary Plat for the purpose of con- tinueing it and entertains a motion to continue the Public Hearing on this mater and table action to the first meeting in February, to enable the applicant to provide the Commission with certification from qualified hydrologic and geologic and engineering testimony and evidence that this project is feasible . , RECORD OF PROCEEDINGS 100 Leaves FORM '0 c. F. HOECKEL a. 8. a. L. C8. -15- as designed or recommending other design changes in the subdivision Plat that would accomodate the tech- nicalities. Spencer asked what is meant by testimony and evidence. Al said that an independent soils lab to do the study and write a letter stat!.'lg his findings. Roger Hunt so moves tne.._mo.tiuIi::.c"' Al Bloomquist seconds the motion. All in favor. Olof Hedstrom Welton Anderson Perry Harvey Roger Hunt Jasmine Tygre Al Bloomquist Pat Falin Motion is carried. Al Bloomquist moves that the time extension be requested of City Council not to exceed 30 days. Perry seconds the motion. All in favor. Motion is carried. Motion is made to adjourn meeting Jasmine seconds the motion. All in favor. Motion is carried. Aye Aye Aye Aye Aye Aye Aye ;It; . , ~~ ~. Beall Deputy City Clerk