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HomeMy WebLinkAboutminutes.apz.19830607 -- RECORD OF PROCEEDINGS 100 Leaves FO~M '. C. F. HOECKEL 8. B. II l. co. Regular Meeting Planning and Zoning Commission June 7, 1983 Perry Harvey called the meeting to order at 5:05 p.m. with members Jasmine Tygre Pat Fallin, Welton Anderson, Lee Pardee, David White and Roger Hunt present. Commissioner Comments Lee Pardee said residents of Oklahoma Flats are concerned about the Rio Grande area. It seems to be a storage yard for a construction company as well as a lot of grading going on. Pardee asked what the grading was for. Pardee said. he ;;ould also like to know what the general plan for the impound lot is; it seems to be getting bigger. Sunny Vann, planning director, told P & Z he would have to check on both the grading activity and the pipe storage. Harvey pointed out that land was purchased with open space funds. White said left turns onto Main are a problem, particularly at Galena, Third and Fourth. Trucks and cars park all the way up to intersections and those turning cannot see. Harvey said that is under the purview of Council and should be brought up at Citizen Participation at Council meetings. White said he would like to see the alleys cleaned now that it is summer. Vann suggested this be passed on to the city manager and the CCLC. Hunt said the city used car lot at Cemetery Lane is in opera- tion again. Hunt said he felt the exiting of the post office is going to be a real interference with the Shapery property. Hunt said the P & Z should require Trueman to file an SPA for the post office parcel. Vann said the city's position is that this is a Federal preemption; Hunt may take this up with the attorney's office.Hunt said because of the angle of the building and the exit, one has to swing far to the left, and this is intolerable interference with Shapery. Hunt said he would like the post office to correct this. Colette Penne told the Commission the engineering department is looking at the circulation plan at the request of the new owner. Hunt said he was fortunate to travel by Amtrak on his vacation, and discussed connected service from Glenwood to Aspen by bus. They are very interested in this service. Amtrak said they would like to sell tickets directly to Aspen, which is in their capability as long as they are dealing with a PUC licensee. Hunt said he hoped the transportation department would carry through. Hunt said he felt this would be a good marketing tool. Alan Richman, planning office, reminded the Board of the meetin~ June 14 at 5:00 to discuss the growth management plan. Lee Pardee asked what has happened to the Commissioners and the smuggler improvement plan. Vann told P & Z the Council and Commissioners have met regarding a Smuggler improvement plan and were presented with the three phase plan for funding basic improvements to solve existing problems, as well as to enable improvements to be put in place in anticipation of Silverking phase IV. This plan has received conceptual approval. Phase I, which is $700 to 800,000, involves redoing the Mill street bridge, part of Gibson road. This will be done to county standards. This will solve the grade problem on Gibson, will put in new utilities so as not to break the street up another year. Regular Meeting Planning and Zoning Commission June 7, 1983 L-3 Quota System Alan Richman, planning office, reminded P & Z they have had Code Amendment a work session on this and gave the planning staff some alternatives, which ranged from not doing anything to the existing lodge quota and scoring system, to exempting some lodges, to a separate L-3 quota system. The alternative the P & Z wanted was to set up a competition system which would be fair and easy to deal with for the L-3 lodges. Richman told P & Z his solution was the existing scoring system with modifications to deal with P & Z concepts without creating a dual lodge scoring system, which would be cumber- some. There is a quota for the L-l, L-2, CC and CL zone district of 35 units, and in the L-3 zone district 10 units. Harvey asked for a definition of "tourist dormitory units". Richman said in the L-3 zone district, tourist dormitory units is a permitted use. Richman has not checked the definition of dormitory in the Code. The Commission asked to see the definition. Richman said one of the concerns of P & Z was the cost to an applicant in the L-3 zone to get three or four rooms. Richman has inserted "where applicable" in the information requirements if it is beyond the level P & Z needs to see. Vann said it would be difficult to write a separate set of guidelines for the L-3 zone as there are so many different types of facilities in so many different locations. Richman told P & Z he used the words "or the addition thereto" for the impacts, not on the whole building, but on the added units. Vann said this provides an equitable opportunity for someone adding three or four rooms to compete against someone who is tearing down and reconstructing. Richman said an area which seems to apply to L-3 and not other zones is the rehabilitation and reconstruction of existing units. Pardee said rather than giving points for "higher quality" he would like to worded to state "signifi- cantly higher quality". Richman said he could add language that would say greater than just cosmetic upgrading. Vann said these units have to meet the test for rehabilitation or reconstruction. Some of these are outlined in the criteria. Harvey said a lot of the L-3 lodges create problems with off-street parking. Harvey said he would like information in the application on what parking exists. Vann told the Commission the Code says an application has to meet the new increment of cars. Harvey said he would like the total number of vehicles clarified. Vann said the parking situa- tion will vary on a case by case basis and will depend upon where the lodge is located. Vann said the P & Z could take the position that rehabilitation reconstruction points are necessary to meet the threshold; if an applicant does not do some, they cannot be competitive. Pardee said the applicant who gets and deserves the points is the one who needs to redo his lodge, rather than the lodge who wants just to add to its inventory of units. Vann said the Commission could set this up so that the worst projects can gain the most points, as long as no project is precluded from meeting the threshold. Pardee said the goal of the L-3 zone was to upgrade substand- ard lodging, and these should be able to compete successfully against new lodging. Vann said the planning staff will run some test scoring of new units versus rehabilitation. Harvey said the question is the multiplier for rehabilitation/ reconstruction a significant effect in reaching the threshold. Pardee pointed out this already gets ten points. - \, I ".-. RECORD OF PROCEEDINGS 1 00 Leaves Regular Meeting June 7, 1983 FORM" C. F. HOECKEL B. 8. Il: c. ~O. L-3 Quota System Code Amendment Planning and Zoning Commission -3- Pat Fallin said she is in favor of giving those in need of rehabilitation extra points. Ms. Fallin said she would like to see the scores. Vann said there is a need to resolve the problem in the community of the older lodges, as well as balancing this against the management of growth. Vann said the build out for L-3 lodges is limited. Not everyone will want to bulldoze their lodge and totally reconstruct. There is the possibility in some years, no one will apply. There is the possibility of awarding a bonus or multiple year quotas. Vann said the P & Z can examine the quotas in all areas of the GMP, and if this quota does not address the problems in the L-3 zone, P & Z can change the quota. Hunt said he felt there should be a multiplier for rehabilita- tion/reconstruction. White said there should be a multiplier. Pardee said 10 points, or 10 per cent is fine. Ms. Tygre would like to see the scenarios from the planning staff. Ms. Tygre said she is leaning towards more points for rehabili- tation/reconstruction rather than expansion. Pardee said this category should be as important as employee housing, which is 15 points and raise the total to 106 points. Harvey said he would also like the language on rehabilitation/reconstruc- tion clarified. Vann told the Commission they will have to decide from where the 10 unit quota for L-3 should corne from. Harvey said he does not know what the effect of 10 units would be but does not want to lose an applicant because he feels it is not worth it. Harvey opened the public hearing. Gideon Kaufman said the city has made the determination to let a new segment grow, the L-3 segment. Kaufman said it would me a mistake not to give a good size quota to the L-3, not reducing the L-~ and L-2 quotas. The quota should not be taken out of the residential quota, which is irrelevant, and the residential quota has just been studied and left at 39 units. Kaufman said he did not see leaving roads in as a scoring item in L-3 because a small lodge cannot deal with that. Pardee said an applicant should not be able to add units unless they are going to upgrade the existing units. The purpose of the L-3 zone is to increase the quality of existing lodging. Pardee said every applicant should meet the minimum by improving what they have. Vann agreed that most applicants will not be able to get two points for roads, but when the P & Z has multiple applicants, they will have criteria for which one will receive the limited quota. This is a way of measuring the least impact of a project, it does not require an applicant to spend funds in this category to receive points. P & Z requested staff to look at the threshold limits to perhaps lower it. Vann said there are two choices, this can be geared for an applicant does not get expansion unless they are improving the existing or that applicant could be equally competitive with an applicant who wants to expand one or two rooms. Vann said the staff can try to design a regulation with the flexibility to deal with both situations. Regular Meeting Change In Use Charlemagne Restaurant, Expansion of Conditional Use Planning and Zoning Commission June 7, 1983 Harvey said he did not see how the Commission could look at an expansion without looking at the existing. Ms. Fallin said she preferred a balance. Pardee said this passed on the basis of an incentive to upgrade the existing lodges; those units that are not up to par should win the competition. Harvey asked how the commission feels about the quota and from where should it be created. Anderson said between 10 to 15 units is okay. Maybe for the first year there shouldn't be a quota to see what happens. Anderson said the quota for L-3 should be in addition to the existing quota for other zones. Ms. Fallin said the quota should be a minimum of ten, and this should be on top of all the quotas, at least for the first year. Hunt said as long as the P & Z has the flexibility to allow more than ten units in any years, ten units is fine. White said he would like a minimum of 20 units on top with 10 corning from residential. Pardee said he felt 10 units are sufficient with the quota on top. Ms. Tygre said 10 units is fine with using a bonus or future year's allocation. Ms. Tygre said she is opposed to increasing the size of the pie, or the growth. Ms. Tygre said the 10 units should corne out of the existing quota probably out of the L-l, L-2 quota. Harvey said the Commission does have the ability to increase the number of units per year, and this information should be made available to the public. Harvey said the Commission would like to stimulate this L-3 competition because it is recognized as a problem. Harvey said the 10 quota should corne on top of the existing quotas. Harvey said he wanted the larger quota to attract applicants to corne in and play the game. Vann said the reason the staff recommended 10 unit quota is that they did not want to rob any more quota from other GMP areas. Harvey said the consen- sus of the Board is that they want a new quota, on top of the existing quota. The Board feels that between 10 and 15 units is sufficient. Harvey said he would like it spelled out in the resolution what the Board can do in terms of future year's allocation or bonus units. Four Board members were in favor of 10 units; three were in favor of 15. Harvey closed the public hearing. Planning staff will bring back a resolution for the Board to approve. Anderson moved to table this until June public hearing; seconded by Ms. Tygre. carried. 21 and continue the All in favor, motion Colette Penne, planning office, told the P & Z this is a request for an expansion of a conditional use of 637 square feet upstairs area, which is presently an office. The Charlemagne plans to use this as a combination waiting areal bar lounge and a small office for the restaurant. Ms. Penne said there are underground parking spaces and they will add one more. This is of low impact expansion. The planning office is recommended approval of this request. Harvey opened the public hearing. There were no comments. Harvey closed the public hearing. Pardee moved to approve conditional use approval and grant an expansion of the existing conditional use permit to allow Charlemagne to occupy 637 square feet of space on the second floor of the Floradora building in addition to the existing restaurant space; seconded by Ms. Tygre. All in favor, motion carried. ~ , , FORM 10 C, f. ~OECKEL B. B. & L. CO. Regular Meeting Deane Subdivision Exception Stream Margin Review - Rolles Whale of Wash FAR Bonus . , RECORD OF PROCEEDINGS 100 Leaves Planning and Zoning Commission -5- June 7, 1983 Hunt moved to table Deane subdivision exception at the request of the applicant; seconded by Ms. Tygre. All in favor, motion carried. Colette Penne, told P & Z this is a stream margin review in the Black Birch estates, which is zoned R-15PUD. The request is to build within 100 feet of the high water line of the Roaring fork river. Ms. Penne said the intent of stream margin review is "to guide the development and encourage appropriate use of land in proximity of designated natural water courses, to promote safety from flooing, and to prevent impediment of natural water flow". Ms. Penne said the plan submitted showed the house in the flood plain, and the planning staff recommends this request be denied. The architect, Torn Wells, resubmitted another plan showing the house out of the flood plain. Harvey said the municipal code state that no building will be located in the floor hazard area; the P & Z cannot give a variance to that. Harvey said he would be glad to look at a plan that is not in the flood plain. Torn Wells presented maps to the Board. Wells said he is not questioning the stream margin review, but is questioning the 100 year flood plain line. Ms. Penne said the Corps of Engineers could redo the line; this would be an expensive option, but if it is important to the applicant to be closer to the river, it is an alternative. Wells showed another plan with the house behind the flood plain line, which is workable, but not as desirable. Harvey asked if there was a trail easement. Ms. Penne said the Rio Grande trail is on the other side of the river. Harvey said any approval should be conditioned upon engineering review and compliance with Section 24-6.3 and the criteria listed in the planning office memorandum. Harvey requested the plan dated June 3, 1983, be entered into record as the correct plan, with the house behind the 100 year flood plain. Anderson moved to approve the stream margin reveiw for the Rolles residence conditioned upon review by the engineering department, compliance with the criteria of Section 24-6.3 and the six conditions outlined in the planning office memo- randum of June 7, 1983; seconded by Ms. Tygre. All in Favor, motion carried. Colette Penne, planning office, reminded the Board this has gone through the GMP process. The applicant is asking for a .2:1 bonus commercial space because .3:1 of employee housing that been provided off-site. The total build out of this will be 5,100 square feet. This project has both an alloca- tion for commercial and residential. Harvey said he would like the city attorney to approve the format to link the units at Silverking with this project. Harvey pointed out if the space is retail and commercial, the units at Silverking will be moderate. If the Whale of Wash changes uses, one of the units will become low income. Harvey said he wants this cross referenced. Ms. Fallin moved to approve the request for an additional .2:1 floor area ratio for the commercial space for the Whale of a Wash, for a total buildout on the lot of 5,100 square feet, conditioned upon the deed restriction of two two-bedroom units at Hunter Creek properties with the price of rental categories at moderate if the space is used for commercial, and one of the bedroom units becoming a low income level if the Whale of a Wash space becomes a combination of commercial and residential conditioned upon approval by the city attorney of the documenta- tion to effect all that, with an appropriate compliance and enforcement mechanism; seconded by Ms. Tygre. All in favor, motion carried. Pardee moved to adjourn at 7:30 p.m.; seconded by Ms. Tygre. All in favor, motion carried. - , I