Loading...
HomeMy WebLinkAboutminutes.apz.19830906 RECORD Of PROCEEDINGS 100 Leaves Regular Meeting Planning and Zoning commission September 6, 1983 FORM" C.F.HOECKELB.B.al-.C8. Chairman Perry Harvey called the meeting to order at 5:00 p.m. with members Pat Fallin, David White, Roger Hunt, Welton Anderson and Lee Pardee present. commissioner Comment Conditional Use Expansion/ pyramid & Use Determination Emporium Hunt asked when the county would be opening up Spring street again. Alan Richman said the jail should be opening next month so the street should be too. Richard Grice, planning office, told P & Z the Emporium wants to expand its business into drapery, curtain and upholstery fabrics. Drapery shop is a listed conditional use in the zone district. The proposal is to divide the space formerly occupied by the Michael Scott business just west of Clark's market. P & z is considering the use of 1700 square feet; one is expansion of an existing conditional use, pyramid Travel; and a use determination. Grice told P & Z Pyramid Travel received a conditional use from P & Z last year. P & Z found Pyramid to be consistent with the criteria for conditional uses. Grice does not feel this increase has any impact on compliance with the criteria and has no problem with the expansion. Grice said Emporium Fabrics is a C-l use, not primarily oriented toward serving the tourist population. Emporium is presently located in the Concept 600 building. Grice said the question is whether this use to serve the daily trade or service needs of the neighborhood. Grice told P & Z the owners of the Emporium got a petition with over 100 signatures in support of this; also Grice received 6 letters signed by owners of business in the Trueman Center in support of this. Grice said is has been difficult to distinguish between the two types of uses in the NC and C-l district. Grice said he feels the Emporium is a C-l use; however, there is a history of inconsistent administratice of the conditional use criteria for the NC zone. Grice said the P & Z can either deny the request, or allow it in the NC zone and recognize that NC and C-l zones are highly intermingled. Hunt said P & Z considered that thought and did not want to combine NC and C-l zones. Harvey said it appears the planning office is recommending combining the two zones, and denying the conditional use. Harvey said this seems to be more philo- sophical than practical. Grice said the planning office would prefer the P & Z to combine the NC and C-l zones. Grice said the line between the two zones is grey; it is hard to explain it. The NC zone was created initially because it was believed there are two neighborhoods in town and the NC zones serves these two neighborhood. Grice said the planning office feels this is one community. Pardee said this application should be treated as others in the past, not considering combining the zones. The P & Z should consider the other topic in the future. Anderson said the CC zone is tourist oriented, and c-l is a buffer between CC and NC. Anderson said the Emporium is a local business, and he feels it fits within the intent of the NC zone. Grice said he feels the NC is limited to something people would visit when they visit the grocery store, a drug store, liquor store, daily frequently purchased items. Grice said he feels a fabric shop is on the line. Harvey pointed out the NC zone -,_.-.-,.,", Regular Meeting Conditional Use/Change in Use Andrews Planning and Zoning Commission September 6, 1983 is daily shopping needs; the C-l zone is not primarily tourist operations. Grice said the difference is the NC zone is supposed to be "one stop shopping". Hunt said he has less problem with a fabric shop than a drapery shop. Harvey opened the public hearing. Maureen Rogers, owner of the Emporium, said most of their customers are locals and usually go to the Emporium in conjunc- tion with another trip to town. Ms. Rogers said this space offers good parking. The Emporium cannot go into a building that is highly tourist oriented; it would kill their local business. Ms. Rogers said the move is motivated to put the Emporium into a move convenient location for their customers and they need more space. Ms. Rogers said for the drapery part, it is more for customers to buy fabric to make draperies. They have lots of requests for drapery fabric. Bianca Hooker, owner of the Emporium, pointed out that stores in town do not sell needles and thread, and people that might go to a variety store, go to the Emporium. Ms. Hooker said the customers of the Emporium are excited about this and feel it would be much more convenient. Harvey closed the public hearing. Harvey requested the Board address Pyramid Travel first. Pardee moved to grant an expansion of the conditional use permit for Pyramid Travel; seconded by Anderson. All in favor, motion carried. Harvey said he feels the Emporium qualifies as a conditional use. Hunt said as the owners described their business, it seems appropriate as an NC use. Hunt moved to find the Emporium as a drapery and fabric shop to be a conditional use in the NC zone and granting a conditional use permit, based on the premise they are primarily local oriented and fit the philosophy of the NC zone which is to serve daily and frequent trade or service needs; seconded by Anderson All in favor, motion carried. Richard Grice, planning office, said this is a request for a dwelling unit in the SCI zone and for a change in use review as an exemption from GMP for the change from SCI use to residential. Grice said the description of the business is specializing in equipment rental. Grice suggested a condition of any approval should limit the business to equipment rental, storage and repair. Grice pointed out that future SCI tenants will be subject to excessive construction expense in order to locate next to a residential use. The building department noted a dwelling unit installed in this building would not currently create a problem; however, the UBC requires three hour walls and future uses would be limited by this. Grice said the need for this dwelling unit is not clearly demonstrated. Grice said the applicant states they need this dwelling unit for the flexibility of being able to return rented equipment at any hour. Grice said he was not convinced a rental place needed 24 hour return. Grice said there is limited SCI space available in the city. This is limiting an existing building that is available for SCI uses. Another point is the parking configuration seems con- strained, and the provision of parking for this use will reduce parking available for the existing SCI uses. Grice said the plat indicates 33 parking spaces, the planning office does not believe there are half that. The Code requires one space per ----. RECORD Of PROCEEDINGS 100 Leaves fORM" C,F.HOrCKELB.a.IlL.CQ, Regular Meeting Planning and Zoning commission -3- September 6, 1983 bedroom be reserved for the residential unit, futher reducing parking for the SCI space. Grice said this SCI "neighborhood" is not particularly suited for residential occupancy. Grice said the planning office has had a number of enquiries for residential space in the SCI zone. If this is approved, there would be further pressure for residential uses in SCI. Grice recommended the P & Z deny the conditional use request for a dwelling unit. Grice said the business must be limited to equipment rental, storage and repair and may not become a prop- erty management company. Grice said the planning office has concluded as long as the business is limited to the above, it is a permitted use. Harvey said the language in SCI allowing residential use as accessory seems to address if one is constructing SCI, residen- tial could be added. The Code does not seem clear on the conversion of SCI space to residential. Esary agreed the language is unclear. Esary said the Code does not address the price guidelines for these units. Since this is an accessory use for the business, it seems to make sense that an employee should live in the unit. Harvey said in the past, the P & Z has requested that the resi- dential unit be tied in with the office or commercial space. However, this is already condominiumized. Harvey asked if the Commission could restrict the unit to bona fide employees. Esary said the term "accessory" carries the conclusion that an employee of the business should live there. Hunt said his problem is restricting usable SCI area by putting a residence in. Bob Andrews, the applicant, told P & Z they had agreed with previous Council and staff to turn the area into green space. They had an imprint behind the Obermeyer building, hired design engineers, spent money, had hearings with the city. The neighbors argued against the building and that was over. Andrews tried again with the city to relocated, but once again it did not work out. Andrews told P & Z he and his partner, Clyde McFarlin, separated their businesses by condominiumizing. Andrews said he is trying to upgrade the metal building and put in an equipment rental business, which is permitted. This will also be the "Rug Doctor" business for cleaning units. This business will require a lot of hours. Andrews said the space they are considering converting to residential has been vacant for a year, although they have advertised this space for rental. Hunt asked if it would be possible to require 3 hour walls so any other space in the building could be an SCI use without the epxense of putting in the walls. Andrews said they already have 3 hour separation. Andrews said he will do this around the residential space. Harvey said the planning office feels that the need for a dwell- ing unit adjacent to the business has not been demonstrated. Andrews said he has spent six years screening commercial tenants, there is a good group there, and he wants to build a business that will serve a market, not duplicate one. Andrews said the Regular Meeting Planning and Zoning Commission September 6, 1983 will have to build an equipment inventory, and the money to be spent on help to stay open the necessary hours, they would rather run this as a family business. Mrs. Andrews said they would like to have cribs, strollers, etc. and would need to keep open late for when people check in and want a crib. Pardee agreed this may be setting a precedent. Pardee said he feels residences as accessory use is for new construction, not designed to take SCI space away. Hunt said he does not have a problem if these are not to be two separate units, if the person were sleeping in the business it would be all right. Harvey opened the public hearing. There were no comments. Harvej closed the public hearing. Harvey said there is sympathy with what the applicant is trying to do, but the P & Z has problem with the precedent. Harvey said if the Board approves this request, it would make it diffi- cult to deny other requests unless there is some clear cut difference. Andrews said they are stuck with SCI uses, they are trying to stablize the rentors and trying to appeal to a person who will stay in Aspen and build a business that is needed. Andrews said out of this situation, they feel they can generate enough revenue to upgrade the building. Andrews said he has been cooperating with the city for four years trying to improve the property. White said he is against conversion of SCI space for residential use. Pardee said because the space has been vacant for a year, this cannot allow this to affect a zoning questions that can affect every SCI use in town. Andrews said his building is the only pure service/commercial in town. Hunt said he approach would be to allow a small amount of space as dwelling unit as part of the business. Esary said there is no way to prevent setting a precedent, but through a resolution he could make it as narrow as possible. The applicant has made representations about necessary finances and the peculiar nature of use of this business. Harvey asked if the conditional use approval could be tied to the existence of this specific business. Esary said they could. Hunt said he would go for dwelling activity within the business space. Harvey said he would like to see site plan and specific designa- tion where the office, business and residence are going. Harvey would also like to see an agreement tying the space to the specific business and tie the conditional use for residence to that. Pardee said he is not in favor of diminishing SCI for residential purposes; this circumvents the GMP exemption. Anderson said he feels this is a minor request. The residence will be accessory to the business. Anderson said if conditions could be drafted so this is not an attractive precedence, then he is in favor. Ms. Fallin said this is setting a precedent. White agreed with Pardee and Fallin. Hunt said he does not have a problem with dwelling activity in SCI if it is integral part of a specific business. Harvey said the straw poll shows a three to three tie. Harvey suggested tabling this request to work out the conditions, get site plans, how the spaces relate. Harvey said if this space has not been used, this is a way that it can be used for a valid SCI use, he would approve it as long as that SCI use exists there. Harvey reopened the public hearing and continued it. Hunt moved to table action until the next regular meeting at the request of the applicant to resubmit the application with further information, and continue the public hearing; seconded by Anderson. All in favor, motion carried. "-" ""-.-.. RECORD Of PROCEEDINGS 100 Leaves Regular Meeting September 6, 1983 FORM," C. F. ~OECKEL B. a. 1\ L. CO. winfield Arms Condominiumi- zation pogliano Stream Margin Review Resolution East Hopkins Timeshare Planning and zoning Commission -5- Richard Grice, planning office, told P & Z this is an application for condominiumization of an existing block located on Cooper between Aspen and Garmisch. Grice said this is appropriate for exception from subdivision, the impacts already exist and the change in ownership will not create any more impacts. The engineering department has noted some minor details for the plat. Grice said the code require four criteria for this, notice to tenants; six month minimum leases, demonstration this will not reduce the supply of low and moderate income housing, and inspection for life, health and safety. Grice told the Board the applicant has submitted notice to the tenants, six month minimum lease. Affidavits are included to indicate rents in the previous 18 months are above the maximum income housing guideline. The building department did an inspection of the building. The planning office is recommending approval subject to 7 conditions. Harvey said he would like to see the amount of parking spaces maximized. Andrew Hecht, representing the applicant, said they would work with the .> engineering departmen to maximize parking and will not charge additional for the parking. They will allocate one parking space per bedroom, if possible. Hunt moved to recommend subdivision exception to the Winfield Arms condominiumization subject to conditions 1 through 7 in the planning office memorandum of September 6, 1983; condition 8 applicant shall draft a parking plan maximizing the available parking (if to one space per bedroom), if there are less than one space per bedroom or per unit, they shall be allocated as equitably as possible; this plan shall be approved by the city engineering department; condition 9, conditions stated in the affidavits of 17 June 1983 and 12 August 1983 are conditions of this approval; seconded by Ms. Fallin. All in favor, with the exception of White. Motion carried. Richard Grice, planning office, pointed out this plat does not indicate the location of the flood plane, does not have engineer- ing stamp, no evidence the FAR is consistent with the maximum limit. However, the engineering stamp and floor plain are not essential. This is an additional to an existing house, the addition is not on the stream side; it is a 150 square foot addition. Grice said if this is approved by P & Z, and the applicant goes to the building department and the addition brings the house over the FAR, he will not get a building department. Grice said there is minimal impact from the application, there will be minimal excavation, will not involve removal of any vegetation. Esary suggested a condition of approval that the applicant submit a plat consistent with the Code prior to issuance of a building permit. Hunt moved to approve stream margin review for the construction of a 150 square foot wine cellar on the southwest side of the residence at 1110 Black Birch drive conditioned that the appli- cant submit a correct site plan in accordance with Section 24-6.3(b); seconded by Pardee. All in favor, motion carried. Hunt said this was a request for time sharing for an existing building as a conditional use in the RHF zone. The P & Z found problems with the application, one is that it is the wrong place for time sharing, given the neighborhood. There are parking problems. This is a residential multi-family neighbor- Regular Meeting Wheeler/Mill Street Improvements Project Planning and Zoning Commission September 6, 1983 hood. The P & Z had asked the planning office to come up with a resolution denying the project. Anderson agreed this project does not seem appropriate for the neighborhood. P & Z had felt that the Prospector was a good opportunity for time sharing, this is not. Ms. Fallin moved to adopt the Resolution of the Aspen Planning and Zoning Commission denying the application for the 825 East Hopkins timeshare project pursuant to the criteria in Aspen Municipal Code Section 24-3.3, Conditional use review and recommending denial pursuant to Section 20-24, timeshare regula- tions; seconded by Hunt. All in favor, motion carried. Glenn Horn, planning office, presented a plan from the Commercial Core and Lodging Commission for this area. One of the goals is to make the area look nicer, to increase vehicular access on Mill street, create more parking. The CCLC has recommended making Mill street one-way south, this would reduce the conges- tion less at Mill and Main. Harvey asked if there is any input from businesses in the area, this plan could make it difficult to get to some businesses. Horn said one of the reasons to bring it to P & Z is to look at the implications. Harvey said he would support the goals of the CCLC; however, there are problems with this. Harvey said this should be looked at in the larger context of the metro area. Monroe Summers said the CCLC's concerns are to beautify the downtown area as well as help businesses. They are interested in increasing parking. The transportation department does have some concern with one-waying Mill street because it would impact the Silverking route. The transportation department has suggestec the one-way of Mill start at Hopkins. Hunt said having Mill street one-way all the way to Main street would make the Mill and Main light useless to going north. Harvey said that public transportation system and enhancement of the corner at Mill and Hyman are more important goals to the P & Z over creation of more parking spaces on Mill and Hyman. Harvey said the P & Z should see the bigger plan, with current transportation routes, traffic flows, more information, more alternatives. Pardee said one of the goals should be a city that is easy to get around in; then have accessibility and parking. Getting to the commercial core should not be at the expense of vehicular ease and transportation. Harvey agreed in an attempt to ease congestion and improve access in one spot, it might create more congestion in other areas. Harvey said it would be nice to tie the Wheeler into the mall rather than a big traffic jumbled in front of it. Pardee said he has a major concern with one-way on Mill, it would create traffic problems. Pardee said he is in favor of bricking in front of the Wheeler. Harvey suggested a good extension of Spring street to improve access to the post office. White said he would rather see the one-way go north. Harvey asked for a draft resolution from the planning office of their comments on this project. Harvey said he would like included the P & Z is in process of reviewing the GMP, ready to do a physical sketch plan of the city in light of zoning, planning, transportation, tourists, access, traffic flows. This would be better seen in the entire sketch plan. Ms. Fallin moved to adjourn at 7:20 p.m.; seconded by White. All in favor, motion carried. y:/ &L- \~. /