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HomeMy WebLinkAboutminutes.apz.19830308 ,...... RECORD OF PROCEEDINGS 100 Leaves FORM" C. r. HOcCKEl a. e. fie L. C~. Regular Meeting Planning and Zoning Commission March 8, 1983 Perry Harvey called the meeting to order at 5:10 p.m. with members Pat Fallin, Welton Anderson, David White, Roger Hunt, and Al Blomquist present Also pt'f..Si-f'll IJM jc.sm,nL TYllff:...-. Commissioners Blomquist said the lots west of the Wheeler Opera House were Comments bought with open space funds. Perhaps these should be zoned for park use. White asked about the smuggler area plans, what the P & Z will see. Richman said the county engineer has the plans and Richman will get them to P & Z. Harvey asked Richman said the P & Z on about the status there is an SPA April 5th. on the self storage project. plan, which will appear before Alan Richman said the county extension office will be talking to the county Commissioners next Tuesday about a possible code amendment to address contamination in the soils. The P & Zs are both invited. Richman said the P & Z can have a work session with the city's water engineers in preparation for the Castle Creek water plant expansion. Richman said he will get P & Z members copies of the water management plan. P & Z scheduled the work session for March 15th. Durant Mall Plat Amendment Alice Davis, planning office, told the Board this is a request to amend a condominium plat. The Code allows an amendment like this if there is an engineering or survey error. The plat shows three offices and there are only two. The applicant wants to amend the plat to show two offices. The engineering department has requested some minor technical changes. Hunt moved to approve the corrections to the Durant Mall condo- minium plat subject to items 1 through 8 in the planning office memorandum of March 8, 1983; seconded by Ms. Tygre. All in favor, motion carried. Kessler Subdivision Exception Colette Penne, planning office, told Council this is located on 950-960 East Durant. Ms. Penne said unit *3 rents at $.68 per square foot, which puts it in the moderate category. Units 1 and 4 are also moderate; unit 8 at $.51 per square foot is in the low category. Ms. Penne entered into the record the planning office memorandum of March 8, 1983, as well as the affidavit of the Kesslers and letter from Oates, Hughes and Knezevich. The is a condominiumization of two buildings, consisting of 8 units. This is for estate planning purposes. There are four units which fall within the housing price guidelines and the applicant is willing to deed restrict these to a five year deed restriction. The planning office recommends approval of the subdivision exception with the conditions listed. Hunt asked if there was a time limit on correcting the life, health and safety things for the building department. Harvey asked when the deed restrictions on the units begins. Ms. Penne said it follows Council's approval. Esary said the final subdivision plat has to be filed within 90 days. Esary suggested adding to the conditions that the plat has to be filed within 90 days of approval. Regular Meeting Planning and Zoning Commission March 8, 1983 Hunt moved to recommend approval of subdivision exception for the purpose of condominiumization of the C.i3M '.lnits at 950-960 East Durant with the following conditions as listed in the planning office memorandum of March 8, 1983, with the addition to *1 "said plat to be filed within 90 days of Council action; and condition *5 units 1 and 3 are identified as moderate income housing; units 4 and 8 are identified as low income housing; seconded by Anderson. All in favor, motion carried. Endeavor Lodge Expansion Anderson steps down from the Board. Colette Penne, planning office presented maps and plans of this lodge. This is an application under the L-3 provisions, requesting review of expansion of the floor area of the Endeavor lodge to a 1:1 floor area, GMP exemption for the three new employee units, which will be deed restricted to the low income catetory, and exemption from parking spaces for the employee units. Ms. Penne said there will be no addition of lodge rooms; there are 11 lodge rooms. There will be three employee rooms created. The employee rooms are small; they do not have kitchen and bath associated with them but are elsewhere in the lodge. These rooms are below the requirement for studio units; however, they are not studio units, they are sleeping rooms. Ms. Penne said this lodge provides low income lodging facilities as well as for employees. They are requesting that 927 square feet be added. The ratio of rental space, nonrental space and employee space are within the guidelines for a total of 4500 square feet and an FAR of 1:1. The parking spaces are in the Hopkins street right of way; the Endeavor does provide a van for transportation. Ms. Penne said the only way to add parking would be off the alley and would take away the only green space. Ms. Penne said the Endeavor lodge is very compatible with the surrounding land uses. The lodge is conforming in terms of the setbacks. Ms. Penne recommended the Board approve demolition and reconstruction for three employee rooms, to exempt the employee housing from the GMP, and to exempt the parking for the employee rooms. Ms. Tygre said these rooms are just sleeping rooms, and are there any bathrooms or kitchens. John Werning, applicant, pointed out on the map where the general kitchen and bath facilities are. Werning said these rooms are for year round employees and he does not charge rent. White said he likes the little lodge and the provided rooms for the employees. Ms. Penne said these units have to be deed restricted to be exempt from the GMP. Harvey said some lodges close in the off season, and it is important that this employee housing be available year round. Werning said his intent is to stay open year round and have the housing available year round. Blomquist said he did not feel the method of operation should be restricted. Blomquist said in small lodges, these type of units are used to have some one at the lodge all day and also as portion of payment for the employees. Many employees in small lodges have other jobs, too. Harvey said he just wanted the issue clarified that the applicant cannot charge high rents in winter, no rents in off season and rents to balance to the guidelines in the summer. Ms. Tygre agreed there should not be the capability to charge more in the winter. Harvey said these units should be on a monthly basis, not annualized. White said he would not like to hamper a small business, like this. "'" "", FORM" C.r.HOECKFLB.B.ltL.ca. RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Golf Course Conceptual PUD Planning and Zoning Commission -3- March 8, 1983 Harvey said he is concerned this is going from 11 rooms to 14 rooms. Werning said there will still only be 11 rentable rooms. Harvey said there is no parking provided for this. Ms. Penne said the parking could be accommodated in the back yard. Werning said generally his employees do not have cars. The back yard is used year round as an amenity. Ms. Penne said she has done a site visit and feels the back yard is a valuable amenity. Harvey suggested a condition be added that the applicant make parking available in the rear of the project if those in front are lost. Hunt moved to grant approval of the special review request for the Endeavor lodge to d~olish and reconstruct a portion of the existing lodge and deed restrict three existing rooms as employee housing; to recommend that the employee housing rooms be exempted from growth management competition and that the parking for those rooms be exempted, and that the FAR will remain at 1:1 with no increase in the number of lodge bedrooms, conditioned up condition *1, in the planning office memorandum of March 8, 1983; (2) the applicant be required to join any area improvement distirct in the event one is formed and make available parking space in the rear if any are lost on the street side; and conditions 3 and 4 in the planning office memorandum; seconded by Ms. Tygre. All in favor, motion carried. Alan Richman, planning office, told P & Z this represents what P & Z asked for in 1982 when P & Z reconsidered the golf course final plat. The plans presented show existing improvements on the golf course to put these on the record. Richman said the P & Z would be authorizing the development for what is there now and the Red~ Roof Inns entrance. Harvey asked what the tal ley of before and after parking spaces was. Holland said they will lose some spaces because of changing the road and landscaping. Hunt said the bike path at the intersections with the entrance seems to be too screened, that it might be dangerous. Holland said he would personally be spotting the trees and is aware of this. Blomquist said he would prefer to see the bike lane west of the entrance up to the highway grade, without a valley, and with a berm. Holland said they intend to raise the grade of the bike path west of the driveway. Richman said the P & Z had indicated they wanted to be kept in touch with the plans for the golf course, and to put them on record so there could be an enforcement mechanism. Richman said any changes to this plan would have to come through P & Z. This plan gives P & Z control, and the P & Z can give an exemption to the mandatory PUD process. Blomquist said he would like to see cross sections on the berms, elevations. Blomquist said he would like to see this tabled until those drawings are available. Blomquist said he would like to see the bike path in the valley be raised. Ms. Tygre moved to table this to the next regular meeting; seconded by Hunt. All in favor, motion carried. Regular Meeting Code Amendment Regulatory Reduction Planning and Zoning Commission March 8, 1983 Hunt noted the resolution indicates that the P & Z is supposed to grant something at the sole discretion of the director of planning. Richman explained it is the discretion of the planning office to enter an applicant into a one-step process to P & Z, rather than a two-step process to P & Z and Council. Richman said wording was added to set up criteria when a subsequent review would not be necessary. Harvey said the Commission agrees with the intent of this section, but the wording should be worked on. Richman pointed out the next section defines what major alteration to a plat would be that would require additional review. Richman said the last change is special review of parking. Richman said there have been no criteria for this special review, and the criteria suggested comes from the experience of the planning office. Harvey said the need for parking in a neighborhood is important, and what is the mechanism for presenting the need for parking in a neighborhood. Richman suggested site visits might be one mechanism, the P & Z and neighborhoods know where the problems are. Blomquist said he would like some specific mandated standards for parking. Blomquist said he would like to eliminate some of the parking variances. Harvey said the criteria are ambiguous as to what side of the ledger they fall on. Harvey objected to "practical difficulties of the site design which may render the provision of on-site parking spaces less desirable" perhaps should say "impossible" or "difficult" instead of "less desirable". Assistant City Attorney Gary Esary suggested balancing the site design with the policy of off street parking. The P & Z can make an applicant put parking on the site, or leave some amenity or green space. Richman said he would work on this language with Esary for the ordinance for Council. Hunt moved to adopt Resolution 83-1, as amended, allowing the Chairman to review final copy and sign; seconded by Ms. Tygre. All in favor, motion carried. Ms. Tygre moved to adjourn at 7:15; seconded by Hunt. All in favor, motion carried. ~~oc'( ~~ "-' , , RECORD OF PROCEEDINGS 100 Leaves FORM" C.F.HOtCKELB.B.Iil.CO. PLANNING & ZONING COMMISSION FEBRUARY 22, 1983 REGULAR MEETING Chairman Perry Harvey called the meeting to order at 5:10 with members Tygre, Anderson, Pardee, Hunt, Blomquist, Fallin and White. COMMISSIONERS' COMMENTS MINUTES PUBLIC HEARING CODE AMENDMENT: REGULATORY RED- UCTION White commented on the transportation at the presentation. was totally inadequate as far as the public was concerned. it is City and County it gets pushed off. The planning is inadequate and the people are very angry. It Since also Alan Richman of the Planning Office stated that there is a program that is a City/County joint program. The funds are also City/County monies together. Hunt said that any Smuggler plan that he has ever seen seems to be fully inadequate as far an transportation planning, because everybody's head is stuffed in a pneumatic tube and started rolling around a rubber wheel. That was the whole transportation planning that has been done. Harvey answered Welton's question in reference to the City Council's meeting. Harvey said that it was tabled pending Paul Taddune, City Attorney, input from seminars, meetings, new legislation etc. on it. Harvey also stated that Herman Edel, Mayor made the comment the reason the conflict was in there, was that we had this problem of people made present- ations before their own boards. It created a certain sent- iment. It creates a friendlier attitude than most others. Harvey said that he had a copy of the memo that pertained to the "Conflict of Interest" that the City Attorney's office was concerned with. Harvey said that they want to defined the "Ex-Parte" better for the benifit of the new board members, on all of the City Boards. The real issue that was involved with was the proceedure, when a conflict existed. The members of the P&Z have been acting under the By-Laws, copies have been issued to the members and have been read in reference to the By-Laws. Harvey said that they have been read, and then find out that the P & Z is not legal. . Harvey said that he told the City Attorney's office that because Aspen is a small town, that the P & Z must operate differently than you should under the law. Harvey also added that they have been operating under the wrong set of rules. If Council de- termines that such as that ordinance should prevail, then the members that are affected have to act accordingly. Hunt moved to approve the minutes of February 8, 1983. Pardee seconded. All in favor, motion carried. Alan Richman from the Planning Office presented the Reduction of Regulatory Requirements to the P & Z Board. Richman said this is something to appease Council, to show a commitment towards reducing a requlatory requirements without taking away anything substantial in policy form from code. Richman asked the P&Z Board if they had any ideas on how to improve or other areas that the P & Z might reduce or change the language because it may not be the best language. Harvey commented on the abstract in the presented language. The Planning and zoning Commission discussed the submission of plats and who should sign off of them. Questions as to who should sign off consisted of Herman Edel, Mayor, Engin- eering, Planning Director, City Clerks Office, since the City Clerk's Office keeps records of the minutes. -1- By the persons signing off, the sign-off is symbolic since it should mean that it has been reviewed. The major issue is that whoever has reviewed the plats, signed-off on the plats has reviewed them. Therefore, it authorizes you to put your signature on the plat. Blomquist said that if the P & Z Commission had terminal authority on some of the issues, they might process faster. If most people knew that this was the end of the line, then items would process faster, the p&Z might be more efficient in their actions. Richman added that applications might be more complete. Applications would know what they want and state what they are doing, in which would save time and mis- takes. Blomquist added that he hoped for more terminal author- itity for the p&Z Commission, so that Council would have more time for their own work. In then, the P&Z would know more clearly what their responsibilities were. Hunt added that the purpose of the GMP was to come up with some sort of quick mechanism. So that a person could come in with a basically short concept. Paul Taddune of the City Attorney's Office added that in terms of complex projects, SPA's PUD's, complex subdivisions it makes sense to go through conceptual or preliminary. Pardee said that as the comprehensive land use code is being designed, there is know reason for the applicant that has made it through the GMP to go throug conceptual. The applicant has an idea (conceptually) of what they would like to do, they have competed for it. The next step would be preliminary. Pardee added that there was no reason to go through the disjointed process and this is the concept that the Board is now working on. Hunt said if the GMP process subsitutes for the conceptual, that would be fine. Discussion among the p&Z members agreed that preliminary is what really matters. It was stated among the members also that there is no need to go to final. City Council is saying, yes you have technically to comply with preliminary. Final will be technical review. Alan Richman from the Planning Office presented a memorandum before the P&Z Commissioners in reference to the "Reduction of Requlatory Requirements", amendment to section 20-19 of the Municipal Code (new language). Harvey suggusted that the memo be reworked from the stand point of writing it for the Planner Director in the future. So it is clearer to him, as far as boundries are concerned. Richman said that he thought the idea was reasonable. Richman asked the P&Z members if they had any desire to look at the memo again or if the Board would like to direct the Planning Office in rewriting the memo in the way the Board expressed their feelings toward the memo. Pardee said he would like to see more on the final paragraph. Pardee also added that he thought that it would be a much better package to send Council with the P & Z recommendation. Harvey closed the public hearing in reference to the "Reduction of the Requirements" Hunt moved to ajourn at 5:55; seconded by Welton. All in favor, motion carried. d~Cl.BmnK,:"') Joy A. Brooks Deputy City Clerk ,/ -2-