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HomeMy WebLinkAboutminutes.apz.19830208 , ~._--,--,.~....~~--~.~~...~ RECORD OF PROCEEDINGS 100 Leaves FORM," C.F.HOrCKEL8.8./lL.CO. Regular Meeting Planning & Zoning Commission February 8, 1983 vice Chairman Anderson called the meeting to order with members Lee Pardee, David white, Pat Fallin, Roger Hunt, Jasmine Tygre, and Al Blomquist present. Commissioners' Comments There were no comments Use Determination Aspen Recording Studio Colette Penne, planning office, told the P & Z this is a request for use determination for an audio production facility, film and video facility and support areas in the S/C/I zone. Ms. Penne pointed out that the intention of the S/C/I zone is to allow for the use of land and the preserva- tion of limited commercial purposes and limited industrial purposes with customary accessory and institutional uses, which do not require or generate high customer traffic volume. Ms. Penne said the only traffic generator in the list of proposed used is the teleconferencing facility. This facility beams off a satellite, you can call someone and see them on a screen. This may have some frequency of use. Ms. Penne said she did not see the recording studio as a high generator of traffic. The permitted use section of the Code has a similar use but not totally analagous. A use like this will take a certain amount of square footage, and it seems logical to be in the S/C/I zone. Another provision of the S/C/I zone is that the use does not create any unusual traffic hazards, noise, dirt, etc. This use seems to fit in with that criteria. Ms. Penne said in conjunction with the plans for a performing arts center, plans for this type of use is very timely. The planning office recommends approval of this request, and also in updating the use tables of the Code that these uses be listed as permitted uses. Hunt commented that some portions of a use like this should be considered as a conditional use if they require antennas. Hunt said the problem with antennas is not as great in the S/C/I zone as in 0, office or historic districts. Pardee said although the impacts are low, the size of a structure for this use would be very large. Pardee said it did not seem an undue hardship for this to be a conditional use. Ms. Penne said she reviewed the S/C/I parcels and the only parcels available are impacted by SPAs. The applicant cannot give much detail on what sort of systems they will be using because they are not that far along. This is basically a request for a use determination. This will probably be covered by an SPA plan; otherwise the conditional use may be the route to go so that P & Z can review the specifics. Gideon Kaufman pointed out this will be a space intensive use with no retail and very little traffic. Kaufman said the intent of this use meets both the existing S/C/I zone and the proposed change that will be made to the S/C/I zone. Kaufman said he felt this proposed use in the S/C/I zone was already a permitted use, but felt this should be reviewed by P & Z. Kaufman said as far as a satellite dish or antenna, if P & Z wanted that part as a conditional use so that they could review, he has no problem with that. -1- Edelweiss Chalet Reconstruction Kaufman said he would like to get the concept of a studio within the permitted use section. An impact out of the ordinary should be reviewed. Richard Cicero told the Board that as far as satelitte dishes, the building department will be making very strict rules for all zone districts. Hunt said he did not have a problem with the studio use but does have a problems with expansion into the area of intense antenna systems. That area should be a conditional use. Hunt said he did not want to rely on the building department coming up with judgmental regulations that the community does not have any control over. Kaufman suggested allowing a studio as a permitted use with the clause that any outside antennas or visual impacts in conjunction with any use in the S/C/I zone would be a conditional use. Pardee said this is an important use for Aspen; however, there will only be one use like this. Pardee said the proposal is not very far along, and since there will only be one, he would like the P & z to take a more finite look at the use; where it will be, how many square feet, how many employees, etc. Kaufman said he has no problem with the exterior condition, but as far as the interior, he would like the same rights as any use in S/C/I zone. Pat Fallin and Al Blomquist agreed any exterior impacts should be a conditional use. Jasmine Tygre said she felt the studio should be a permitted use, with a review for any external items. Welton Anderson said he felt what will happen inside the building is within the intent of the zone. This should have been a code amendment rather than a use determination. Hunt moved to determine the use of a multi-media studio, including audio, video and film producing facilities as a permitted use in the service, commercial and industrial zone, providing all those facilities are contained within the building. Any unusual structures or antenna systems external to the building will be a conditional use; seconded by Ms. Tygre. All in favor, with the exception of Pardee. Motion carried. Anderson said this request from the Edelweiss Lodge is for special review of FAR increase in the L-3 zone; lodge condominiumization; employee parking special review; and employee housing exemption. Alice Davis, planning office, told P & Z since this lodge is in the L-3 district, they have to go through special review to increase their FAR. The applicants are requesting to be able to condominiumize their new lodge. They are proposing to tear down and reconstruct the lodge. The applicants would like a GMP exemption for the employee unit and an exemption from the parking requirements for that unit. Ms. Davis said the existing inventory of units at the Edelweiss is thirteen units. The applicant does not have to compete under GMP at this time because they are only requesting thirteen units; they plan to compete for four units in the future. The existing Edelweiss has a .68 FAR of 6110 square feet and are requesting approval to increase the FAR to .84 of 7571 square feet. Ms. Davis said she felt this proposal is compatible with the surrounding uses. -2- '-' _._.,-,-~----._.,_.._--...j RECORD OF PROCEEDINGS 100 Leaves FORM '0 C.F.HOECKEL8.a./lL.Co. Regular Meeting Planning & Zoning Commission February 8, 1983 Ms. Davis told P & Z this building is in the western edge of the Hotel Jerome viewplane. The engineering department has determined that a 25 foot structure will not obstruct the viewplane. Ms. Davis said that as far as the criteria for lodge condo- miniumization in the Code, the applicant has already met or has agreed to meet the eight requirements. They will physically upgrade much greater than the 30 per cent of the assessed value. The applicant would like the two employee pillows exempted from GMP. The referral comment from the housing office is that the city guidelines require a one bedroom employee unit to be between 500 and 900 square feet. This unit is proposed as a 400 square foot; this will either have to be called a studio or the size increased. Ms. Davis told P & Z there is one existing parking space, and the applicant has to retain any existing parking spaces. The engineering department found five parking spaces in the right-of-way adjacent to the property. The planning office feels it might be too onerous to require the applicant to put five spaces on his property that were not on the property previously. The applicant wants to be able to use the additional five parking spaces for later GMP approval. Ms. Davis pointed out there is an incomplete second floor in the plans where the applicant wants to compete under GMP and build four new units. The environmental health department asked that noise abate- ment be addressed; that the parking be paved to lessen air pollution; that the woodburning stoves be of clean burning design. The engineering department wants an electric/ communications easement. The planning office recommends approval of the FAR request for 13 units, as well as the approval of lodge condominiumization, exemption of the parking requirement and the employee unit. Ms. Davis went over the conditions of approval. The attorney's office requests an MAI appraisal to document the 30 per cent of fair market value upgrading. The lodge condominiumization ordinance requires the applicant get a letter of credit or promissory note to insure that the approval will be completed. The Code also provides if the applicant comes up with a sufficient alternative, it is all right. However, the attorney wants this condition as part of the approval. Daniel Delano and Harry Teague, the applicants, presented maps, drawings and a model of the project. The applicants showed P & Z the existing trees, where the added units will be, showed the site plan with parking along the alley with the main entrance of Aspen street because Hopkins is steep and is residential; showed the space for the limosine; showed the porch with pleasant view. Delano said the lodge will have apres ski and breakfast in the hotel. There is a ski storage room. The rooms are arranged around a large central room with fireplace to encourage interaction of the guests. There is a reading room. There are two types of rooms, luxury and standard; large room are 320 square feet standard room are 290 square feet. Almost all the rooms have balconies. The project complies with the open space -3- requirements and the setbacks. The employee unit for the manager is in the basement. There is an area for a recreation room and TV room. Delano said in the future they would like to have a restaurant in the lodge; however, this will have to go through GMP. Delano told P & z the employee unit will be held by the declarant or the partner- ship and will only be used by employees of the lodge. Hunt said the applicants have designed a very nice project, and this is one of the few he does not have a problem with condominiumization. Hunt said he was impressed by the amount of common space, and the site design looks like the applicants used care on it. Hunt said it is nice not to see a square box. White expressed concern over the size of the employee units at 400 square feet for two people. White said that is a very small space, especially for two people who work in the same facility. White said other than that, the plan is great. Ms. Tygre agreed about the employee unit; the letter says the manager will live there but there are two pillows. That is a small space for two people. Teague said there is a lot of common space and they will try to make the unit as pleasant as possible. Ms. Davis told P & Z that the housing office will take the city's guidelines for employee units and make a determina- tion as to whether the units are livable or appropriate. Ms. Tygre said other than the fact that two employees have to live in 400 square feet, she agreed the building is attractive. Blomquist said he felt six parking spaces on the alley is adequate without the addition. Owner of the present lodge said in 17 years, there had never been over four cars there. Ms. Davis said the applicant will eliminate the right-of-way parking on the Aspen street side and landscape it. There will be three parallel spots. Ms. Davis told P & Z they needed to make a determination about the parking that if the applicant does not need to retain the parking in the right-of-way, that the five parking spaces provided on the property can be used for the GMP competition. Delano said the existing angle parking is dangerous and not appropriate. Delano said they feel for this space what would be appropriate is a sidewalk, which they propose to build along there. The proposed plan will lose five spaces of angle parking and be replaced by three parallel spaces. Delano said they will provide six parking spaces on the property, which do not exist now. The applicant would like to receive credit for those spaces in their GMP application. Hunt said with the net difference of two spaces on the right- of-way and one existing space on site, he would give credit for three spaces in the GMP application. Delano said they would like credit for four spaces in the future. Ms. Davis said the issue is should people have to provide parking on their property when the existing parking was in the public right-of- way. Pardee said the applicant should not be responsible for putting parking on their property when it wans't on their property in the first place. Harry Teague said there is more room in the alley for parking; however, they preferred to use the alley for landscaping and service. P & Z decided for this application approval, they have two parking spaces on site and the net credit will be four parking spaces. Delano pointed out that the engineer's memorandum and the environmental health department memorandum are in conflict regarding on-site runoff retension. P & Z said they would resolve this by having the staff agree on the on-site runoff retention. -4- "'" ._~---~- RECORD OF PROCEEDINGS 100 Leaves FORM '0 C.F.HOE;CKELB.6./lL.CO. Regular Meeting Planning & Zoning Commission February 8, 1983 Pardee moved to grant approval to the special review request to expand the Edelweiss Lodge FAR from .68 to .84 which is below the maximum allowed FAR of 1:1 subject to the following: (1) no additional lodge units are created, therefore only 13 lodge units can be constructed without a further development allocation; (2) if the applicant competes for further lodge units through GMP, another special review approval to increase the FAR above .84 will be needed; Pardee also moved to recommend to City Council the approval of the proposed lodge condominiumization, the exemption of the studio employee unit from GMP, and the exemption of the one space per bedroom parking requirement for the employee units. Approval is subject to the following conditions: 1. Condominiumization documents approved by the city attorney's office must be filed with the Pitkin County Clerk and Recorder. 2. The owner's personal use of a lodge condominium unit must be limited to 14 days or less between December 18 and March 20 and must be so specified in the approved condominium documents. 3. On-site management and maintenance and tourist accommo- dations must be consistent in quality and quantity to those described in the onwer's affidavit submitted as part of this application and must be so specified in the approved condo- minium documents. 4. The project must be listed with and use Aspen Central Reservations or any other comparable local reservation system to ensure the units' applicability as short-term accommodations and must be so specified in the approved condominium documents. 5. The lodge shall be upgraded by an amount in excess of 30 per cent of the fair market value as determined by an MAI appraisal subject upgrading to be consistent with the application dated December 28, 1982, which states that a minimum of $725,000 will be put into upgrading/reconstruc- tion. All upgrading must be completed prior to the issuance of a c/o within the time frame described in Section 20-23 (a) (6) (a) of the Code. 6. A comdominium map with the required signatures must be recorded after a substantial portion of the project has been completed and prior to the sale of any units. 7. The employee unit must be deed restricted to the middle income employee housing price guidelines and redesignated as a studio unit, not a one bedroom unit, which cannot be greater than 400 square feet and title to said unit must be held in comme by either the declarant or the condominium association. 8. The applicant must abide by the recommendations of the environmental health department including service by city water and Aspen Metro sewer, compliance with the noise abate- ment ordinance, the paving of all driving and parking areas and the use of five clean burning designed woodstoves and an energy-efficient fireplace (RE: environemtnal health -5- memorandum to planning office dated January 12,1983); the on-site water run off and retention shall be approved by the city of Aspen engineering department. 9. Two parking spaces must be retained on site as part of this approval. 10. All necessary documents including the employee unit deed restriction and condominium documents must be reviewed and approved by the city attorney's office, and recorded by the application prior to the issuance of a building permit for the demolition and reconstruction. 11. Applicants must post a promissory note in the amount of 30 per cent of the fair market value as determined by an MAI appraisal with the city manager to insure proper and timely completion of said project. Said promissory note shall be secured by the property in question and may be subordinated to the construction loan. Seconded by Ms. Fallin. All in favor, motion carried. Hunt moved to adjourn at 6:35; seconded by Ms. Tygre. All in favor, motion carried.