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HomeMy WebLinkAboutminutes.apz.19830517 ~OflM ~G c.~. HOcCKH B. B. Ii L. ~~. " RECORD OF PROCEEDINGS 100 Leaves Regular Meeting May 17, 1983 Planning and Zoning Commission Perry Harvey called the meeting to order at 5:11 p.m. with members Pat Fallin, Welton Anderson, and Alan Blom~uist present. Commissioner Comments Marolt SPA Amendment and Subdivision Exception Ms. Fallin said the P & Z had given a conditional use to the elementary school for a year to see a plan of what would be done with the school. Ms. Fallin suggested sending a letter on behalf of P & Z to the school district as there are three new board members and a new superintendent. Ms. Fallin said the building department being located in the elementary school is generating a lot of 9 to 5 traffic. Alan Richman said the planning office will draft a letter for Harvey's signature. Alan Richman reminded P & Z about the Smuggler meeting May 24th at 5:00 p.m. Richman schedule a meeting with P & Z for June 14th to go over the growth management changes. Colette Penne, planning office, reminded the Board the Marolt property is zoned R-15A, PUD/SPA. Ms. Penne said in review- in the history of this parcel, it appears the SPA was added in anticipation of greater density. Ms. Penne said the Marolts are donating a 10.10 acre parcel to the city, and the city is purchasing the remaining 25.5 acres. There is a three year leasehold with Mrs. Marolt to remain in the house. The new SPA plan will show no development as this is being purchased with open space money. The zoning will remain R-15A/PUD/SPA as the planning office sees no reason to go through the rezoning process. There will be a resubdivision and the city will refile the plat. City Attorney Taddune said it is not necessary to rezone the parcel, but as a matter of pOlicy, may it should be. The city will have control of the parcel. Anderson questioned the 10 acre parcel, and will there be any constraints on it. Taddune said there may be some question if the 10 acres falls under the open space provisions. However, any type development would have to go through the SPA approval process. The Board looked at the plat maps and discussed the parcels. Jay Hammond, engineering department, said his department wants to maintain the use of the Main street extension and it should remain as a dedicated right-of- way. Ms. Penne said the P & Z could condition the approval on this that the permitted uses be open space. Ms. Penne recommended the P & Z grant subdivision exception of the Marolt parcel, which will result in parcell of 25.5 acres to be purchased by the city and parcel 2, a 10.10 acre donation. Ms. Penne further recommended to recommend to Council an amendment to the PUD/SPA and that the earlier approved development is no longer planned for construction and no development proposal exists on the newly formed parcels. The planning office is recommending that the Holden road and Main street right-of- way be specifically shown on the plat and retained for possible future use. Harvey opened the public hearing. Blomquist said he would like the rights-of-way stricken from the plat. Blomquist said he wants this a simple two parcel plat. Blomquist pointed out the voters have spoken on the ,~",,_'''''_',''~'''''"'c.~__ ~._---- Regular Meeting Britt Conditional Use Subdivision Exemption - Curton planning and Zoning Commission May 17, 1983 Main street extension. Anderson agreed that condition #2 about the rights-of-way should be stricken. Ms. Fallin said if this is purchased with open space funds, any roads should go to the voters. Ms. Fallin asked why the engineering department wants the roadways left on the plat. Hammond said there are a lot of utilities running through the property with vaults and underground valving system. The engineering department wants the roadways left on so there can be no possible construction over these easements. Blomquist said he wants the two roadways stricken so that any attempt to do a street would have to go to the voters. Any development will have to come in under PUD or SPA. Don Ensign, representing Mrs. Marolt, said he is concerned that the P & Z not doud the gift to say something other than open space. Ensign said he prefers not to have tne roadways on the plat and would encourage P & Z to take it off the plat. Harvey closed the public hearing Anderson moved to recommend to Council approval of the subdivision exception for the Marolt Ranch; this resubdivision will result in a 25.13 acre parcel (parcell) which will be purchased by the city of Aspen, and a 10.10 acre parcel (parcel 2) which will be donated by the Marolts to the City of Aspen; further recommend to Council approval of an amendment to the PUC/SPA plan that the earlier approved development is no longer planned for construction and no development proposal currently exists on the newly formed parcels; conditioned upon (1) clarification by the applicant concerning the ease- ment vacation language in the "city approval and acceptance" section of the plat be made to the satisfaction of the city engineering department or be removed from the plat; (2) the Commission acknowledges the application is being submitted to accomplish acquisition by the city; if the acquisition by the city is not consummated, it is the intention of the applicant that the development status will revert to what it was prior to the time the application was submitted; (3) that the road- ways be removed from the plat; seconded by Ms. Fallins. All in favor, motion carried. Colette Penne, planning office, told P & Z this is a request for a frozen yogurt shop at 308 South Hunter in the Centennial building, zoned C-l. The engineering department has no problems with the request. The environmental health depart- ment's only request is to get a restaurant license. There is a conditional use in the C-l zone for a "coffee shop or food service intended as a non-tourist oriented sit down facility with a limited far of specialty items." This use would have no kitchen, no food preparation except warming, and no liquor service. The proposed yogurt cafe seems to fit in this definition and recommend conditional use approval. Harvey opened the public hearing. There were no comments. Harvey closed the public hearing. Anderson moved to grant conditional use approval to locate a frozen yogurt shop in the Centennial building at 308 south Hunter and a condition use permit with no conditions; seconded by Ms. Fallin. All in favor, motion carried. Colette Penne told P & Z this is parcel B, of the Herndon subdivision zoned R-6. Ms. Penne explained this was formed by a lot split, so there is a limitation of a single family house. The request is exemption from growth management for construction of a deed restricted employee unit as a second unit on this parcel. , I ...., ~OflM\O C. F.HOECKH B. B.ll L LJ. RECORD OF PROCEEDINGS 100 Leaves Regular Meeting May 17, 1983 Shapery Downtown Storage - Resolution Planning and Zoning Commission -3- Gideon Kaufman told P & Z the lot sizes are both sufficient for duplexes. The lot is almost 22,000 square feet. Ms. Penne said the review for an exemption from GMP for an employee unit is "a determination of community need, considering but not limited to, the project's compliance with any adopted housing plan . . . specifically regarding the number of becrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Ms. Penne told P & Z this has gone to the newly formed housing authority, they reviewed it and passed along three conditions. Harvey asked how long the deed restriction was for. Kaufman answered 50 years. Harvey asked about the access to the unit. Kaufman said the plat shows specific easements granted to the lot. There is a question if the alley can be access for parcel B. The primary access, as shown on the plat, is through parcel A. Ms. Fallin moved to recommend approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on parcel B, Herndon subdivision, with the following conditions; (1) the unit be restricted to the middle income price and occupancy guidelines for 1982; the unit be offered either for sale or for rent provided that if the unit is rented, it be not for less than a year period, and (3) the applicant be allowed to select her tenant if or rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the housing office prior to their occupancy; seconded by Blomquist. All in favor, motion carried. Ms. Penne changed rear 120 feet of the property for use as a park to "rear 115 feet". Ms. Penne said if the entire allocation had gone through, Mr. Shapery volunteered to pay for the entire trail. Since this is only a one year alloca- tion, the second sentence in (a) should be stricken and add to (b) in which case the applicant will pay for all trail construction and landscaping costs. Anderson moved to approve a resolution of the Aspen Planning and Zoning Commission recommdning approval of a specific plan which amends the specially planned area plan of the Trueman Neighborhood Commercial Center Resolution 83-4 as amended May 17, 1983; seconded by Ms. Fallin. All in favor, Anderson abstained. Motion carried. Ms. Fallin moved to adjourn at 5:55 p.m.; seconded by Anderson. All in favor, motion carried.