HomeMy WebLinkAboutminutes.apz.19840207
RECORD OF PROCEEDINGS
100 Leaves
fCRlll'O C.F.HOECHLB.B.&L.CJ.
Regular Meeting
Planning and Zoning Commission
February 7, 1984
Chairman Perry Harvey called the meeting to order at 5:00 p.m. with com-
missioners Pat Fallin, Welton Anderson, David White, Roger Hunt, and
Paul Sheldon, alternate, present.
COMMISSIONERS' COMMENTS
Roger Hunt expressed concern with the parking and road clearing situation
in town. He proposed this as an agenda item for study. The engineering
department is in favor of this as well. He noted that the west end has
a severe parking problem, and the east end is practically the same. The
roads are used for long-term storage parking by employees. He recommended
imposing no parking one day of the week to one side of the stree in those
areas for road cleaning. At least once a week the cars then
would be moved. P&Z does need to discuss this because it effects
land use; if all the streets are effectively narrowed to one lane, the city
can not tolerate more growth. Perry Harvey questioned if the street
cleaning crew is capable of keeping up with that kind of demand. Hunt
said they have the capability. Barry Edwards, city attorney, commented
that Council made an identical statement at last night's council meeting
as to the danger of crossing over the yellow line driving down Cooper
Street. Hunt requested P&Z pass on a resolution to Council that this
issue needs to be addressed; let Council discuss it from an operational
point of view.
Harvey asked if this should be discussed as part of the transportation
site planning or sooner. Sunny Vann, planning office, commented there
will be recommendations soon for the transportation issues, including
this one. Harvey questioned the statute on transportation. Vann said
he would be coming forth this month to talk about the overall work program
and the sketch plan program; the sketch plan which includes transportation,
utilities, etc., will be detailed. Harvey asked Hunt if he wanted
the issue put into that discussion. Hunt said it is not critical now,
but it will be, and will affect tourism. For example, S. Aspen street
up until today was one-third normal parking capacity. He has been work-
ing since Christmas to get engineering and the street department to clear
Aspen Street. There is a need to do this to serve the tourists. Alan
Richman, planning office commented that their upcoming agendas would
allow this to be put on as a discussion item. Hunt suggested discussing
it as it relates to the transportation,and cleaning the streets to the
gutter should be given a priority.
David White said City Council wanted some specific direction with regards
to transportation, he would like to give the Council specifics. (Pat
Fallin arrived at 5:07 p.m.) Vann said when these conversations commence,
P&Z will be able to move immediately.
White requested that P&Z be informed what their schedule is each month,
and yearly. Richman said Vann is going to present a whole work pro-
gram, then Richman will present what is happening week to week.
Hunt questioned if the parking and street cleaning issue needed to be
a separate agenda item. Richman said he will present it for a short
discussion at the next meeting for a conclusion by P&Z.
Hunt asked if the workload could be rescheduled. He noted substantial
workload over the holdiays and light workload over the past two meetings.
Paul Sheldon noted he was in poor health over the holidays and looked
seriously at cutting back commitments. As an alternate member of the
commission and a full-time manager of a ski lodge he said he is not avail-
for more than two meetings a month. On an exceptional basis he could come
in; four meetings a month, four hours a meeting, he cannot support that
level of commitment. He seriously is looking at resigning from the
____l1ijrw. .."~...,_."..,,.
"._.,,"_..._-~.
Regular Meeting
Planning and Zoning Commission
February 7, 1984
the commission or limiting his participation to the regular meetings of
the commissions and reading whatever supplemental materials are necessary.
He sought the advice of the senior members of the commission about this.
He said a decision does not need to be made now.
Vannrecommended that the commission think about Sheldon's request; let
Vann present and discuss the work program. He advised Sheldon to re-
view the commitments which will be required then decide. Sheldon agreed.
Richman mentioned at the last meeting when P&Z scored the residential
growth management, many commissioners felt uncomfortable that plan-
ning office did not have a firm quota, and P&Z could not make a recom-
mendation to Council. Richman reported the Ute City Place is going
to the Board of Appeals this week to determine whether their allocation
can be resurrected. This will help clarifY the status of the eight
units. He said he does not expect to go to Council with an action
request on the scores of the residential GMP until the last meeting
in February. That will give P&Z time at the next meeting to find out
definitely what the status is of the units; to make a motion or a
recommendation on allocation, future year borrowing, etc.; and time and
opportunity to make comments before any action takes place. Richman
noted there has been an appeal filed on portions of the GMP scoring.
P&Z will be informed later of the appeal before action takes place.
Vann said he scheduled a work session for next Tuesday to begin P&Z's
deliberation on the top of Mill aspect of the Aspen Mountain PUD. The
public hearing on the associated rezoning is scheduled for the second regular
meeting in February. The applicant has asked to cancel next week's
work session given the fact that the nature of the hotel review is
bogged down in Council. Because of the delays in Council, and, the
applicant's desire to get a more definitive direction from Council as
to acceptance of the hotel application, the applicant thinks it is pre-
mature to initiate discussion on the top of Mill since it is all inter-
related to the FAR considerations of the hotel project. At this time
the work session is pulled. Vann said continue to have on February 21st
the published public hearing on the rezoning question. Open the public
hearing at that time and if the applicant requests to table, do it at
that time to a date certain.
MINUTES
Harvey addressed the minutes of August 2, 1983. He noted a correction:
the second page on the last sentence, change "off-side" to "off-site."
Welton Anderson moved to approve the minutes of August 2, 1983; seconded
by Pat Fallin. All in favor, motion carried.
David White moved to approve the minutes of August 16, 1983; seconded
by Welton Anderson. All in favor, motion carried.
Pat Fallin moved to approve the minutesof September 6, 1983; seconded
by David White. All in favor, motion carried.
Perry Harvey suggested holding approval of the minutes on December 6,
1983.
David White moved to approve the minutes of December 13, 1983; seconded
by Perry Harvey. All in favor, motion carried.
David White moved to approve the minutesof December 20, 1983; seconded
by Perry Harvey. All in favor, motion carried.
David White moved to approve the minutes of January 3, 1984; seconded
by Welton Anderson. All in favor, motion carried.
Pat Fallin moved to approve the minutes of January 17, 1984; seconded
by David White. All in favor, motion carried.
ASPEN MOUNTAIN LODGE-BENEDICT/LARKIN REZONING, GMP EXEMPTION
Vann said the applicant requests tabling this consideration of rezoning.
The rationale is the applicant wants a more definitive statement from
Council as to the size of the hotel project. It is a bit difficult to
explore alternative solutions until the size of the hotel is indicated.
___~r~_"__"--'-" .
RECORD OF PROCEEDINGS
100 Leaves
~ORM '0 C, F. HOfCKfl B. 8. 8< L. CJ.
Regular Meeting
Planning and Zoning Commission
February 7, 1984
-2-
That has been a problem with Council. Vann believes the applicant is
going to request tabling by Council for one to two weeks for them to re-
think some solutions and comments that Council has made to date. This
may remain tabled for a period of time, until a more definitive program
can be reached with Council. Vann said since it has been published
twice, that P&Z continue the public hearing on March 6, 1984.
Harvey opened the public hearing, then closed it. Roger Hunt moved to
continue the public hearing and table action on the Aspen Mountain Lodge
rezoning request for R-6 RBO, pursuant to the request by the applicant
to March 6, 1984; seconded by Paul Sheldon. All in favor, motion car-
ried.
White mentioned he deducted points on the GMP residential scoring because
an applicant did not provide employee housing on-site. He said P&Z
awards approval, but parts of the application process are not fulfilled.
Some applicants do not handle employee housing, but are scored for it;
others who score do build employee housing on site. White said some
applicants do not complete their commitments. Vann said the applicant
cannot deviate from the approved GMP application. White sited Hans
Cantrup and the Alpina Haus. Vann noted Cantrup came back and requested
permission to substitute some employee housing solution from his original
proposal. P&Z and Council granted that permission. Edwards stated that
one has to score the application as it is presented. One cannot
assume that the applicant is not going to build the project as presented.
Harvey commented that there is no differential
between on-site and off-site employee housing.
in flexibility to allow for both.
in the scoring system
Vann specifically put
White stated that if the applicant builds employee housing down in the
Pitkin County part of Basalt, in his mind they do not deserve points
for employee housing. Vann explained that there is a formula in the code
on how to award points in employee housing, discretion is not allowed.
Points for the provision of housing must be given. However, in order
for that housing to be built, it must be exempted from growth manage-
ment. Council must exempt it from growth management plan based on the
recommendation of planning and zonimg. Vann suggested indicating in
the review by P&Z that the applicant did score points, but P&Z did not
feel the solution meets the intent, therefore P&Z does not recommend the
proposed solution. Richman said he has to make some housing policy and
growth management code amendments, and White's issue is one that needs to
be addressed. The code needs some specificity, i.e., Aspen metro area
v.s. the pitkin County line. Hunt asked if location and design in
employee housing can be added to the growth management plan. Vann said
that P&Z and planning office have deferred housing policies to the
independent employee housing authority. Planning office takes the hous-
ing authority's recommendations as to the appropriateness for scoring,
P&Z is asked to do the same thing. If there is a land use related
issue that should be considered, then the appropriate place to address
it is in the request for exemption or to amend the codes with regards
to the scoring criteria. Vann wants the subjectivity from the allocation
of employee housing removed, the applicant is left up in the air other-
wise.
Vann briefed the commissioners on the Aspen Mountain Lodge status in
Council. Four members expressed the position that the applicant not
deviate from the underlying bulk requirements. He noted that there was
confusion over what the intent of the PUD regulations were and the extent
to which such variations were consistent. Vann cleared that at last
night's council meeting. The application is progressing much slower
.._-_..............--,,_.-.,......."...-..I"_-~, .
Regular Meeting
Planning and Zoning Commission
February 7, 1984
in Council than was anticipated, slower than at the P&Z level. Council
has restricted the discussion to one hour per meeting every week. This
leaves little time for public comment or for discussion among the Council
members.
Harvey asked if Council has reviewed P&Z's resolution 84-1. It appears
Council is addressing the same issues P&Z addressed. P&Z tried to deal
with the issues on a conceptual level and agreed it is a good idea to
put a hotel on that piece of property. Council appears to want to
come to grips with all the anSWers before the application is approved.
Vann said Council has reviewed the ten points why this makes sense
and why the need for multi-year allocation. The week before last, Council
indicated they did not want to vary the requirements. Last night the
mayor took a straw vote, three of the four present said they basically
favored the project on that site. One was non-committal. Vann perceived
a lack of support for the extent of exceeding the underlying and
zoning requirements that this application contains with respect to the
bulk and size. The applicant will probably take some time and rethink
the solution to see if he can come up with a reduction in bulk and
number of units. This is speculation. If applicant comes up with
something reasonable, Council will wade through the more specific
conditions attached to conceptual PUD. Strict compliance by the appli-
cant is unobtainable given the constraints of the project. But the ap-
plicant is looking at something closer to the restrictions, than is
currently proposed.
Harvey recommended to the mayor that if Council is concerned ..about the
fact P&Z alone was going to consider the project at the preliminary
level, P&Z would set aside some time for work sessions with Council
during the preliminary process, and confirm that P&Z is addressing
Council's concerns. Harvey reported that Stirling said Council should
evaluate the application and P&Z left free to do the same. Vann said
Council is dealing with the extent to which the variances of some of the
underlying, i.e., height and FAR, are going to be allowed in the con-
ceptual point of view. Council is reluctant to send it back to you without
giving direction to the applicant. If the applicant cannot come up with
an amendment, Council may deny it at conceptual level.
GROWTH MANAGEMENT POLICY PLAN UPDATE RESOLUTION
Richman said this is a public hearing although the state statutes do
not actually require the adoption of a plan in a public hearing, a public
hearing is suggested.
Richman addressed the resolution. Richman requested some reaction from
P&Z on the specific points invoked by Council on January 9, 1984. He
suggested that P&Z direct him to draw up the resolution which would essen-
tially be a slight variation of the draft stating P&Z's intent. County
P&Z this morning adopted a similar resolution. It states that is is
hereby adopting the resolution with some changes, which Council proposed.
The County was extremely complimentary of the work and supportive of the
resolution as it was proposed to them.
Richman summarized the comments. First, Stirling was uncomfortable with
the statement "dynamic and flexible." It lacked definition. Richman
felt with the level of discussion the commissioners and the planning office
have a pretty good idea of what the statement means. Harvey interjected
that the nature of "flexible" is not defineable. The flexibility
is needed to deal with an unexpected problem. Harvey recommended sending
a memo along with the resolution dealing with the fact that "dynamic and
flexible" cannot be defined. Richman also suggested not defining it
in the resolution, but present reason for each case, i.e., the L3 and
multi-year allocation of the lodge. Support the rationales and resolutions.
Richman said Blomquist's comments evolve around the point that the resolu-
tion is brawling in its nature. Blomquist wants more specificity; and
wants the plan not so city- and county-oriented. Richman said that the
specificity of the resolution will evolve out of the comprehensive planning.
The County Commissioners made the same comments to the County P&Z, it is
not the time to give all the answers, it is a time to point out the
issues and the general approach. Harvey asked if this was relayed to
Stirling. Richman said no.
Knecht's comments are the opposite of Blomquist's. Knecht states Aspen
"./
-
RECORD OF PROCEEDINGS
100 Leaves
F GRM ~I C. F. H OECKE:L 8. a. II: l. ~ J.
Regular Meeting
Planning and Zoning Commission
February 7, 1984
-3-
is a community, not a city in an island. Knecht likes the idea of looking
at city and county problems.
Richman reported the one specific suggestion was to look at the city's
growth rate as opposed to the community as a whole. Richman said the city's
growth rate is well below 3.5%, it is about 2%. He recommended writing
the resolution to specrrically recognize that that is the city's growth
rate.
Fallin questioned Knecht's request, is it to specify that the city is not
pursuing a 3.5% growth rate. Does Knecht think the city is doing more
or less. Knecht wanted the resolution to reflect the accomplishment of
2%.
Welton Anderson said the stated objectives have been at 3.47% per year
since 1977, those were based on sound reasoning at the time. He does not
see why this document needs to retrench this to reflect reality. Rich-
man clarified that the old plan only recognized that the different areas
would grow at different rates. He said that the old plan recognized
39 residential and 18 lodge, now there are 39 residential and 45 lodge.
The old growth rate for Aspen was 1.3%, it was never 3.5%.
Harvey asked if P&Z sites a goal in the growth which does not exceed 3.5%,
and puts it in at 2%, are there potential legal problems. Richman said
no. Richman explained that the growth quota system meets a county wide
growth rate. It is also designed to meet a city wide growth rate of 2%.
It is not how many units have been built, the quota is actually 2%.
Anderson said that in 1977 it was 3.47%. Richman said that is incorrect.
Harvey opened the public hearing. Gideon Kaufman questioned if the county
adopts phase four, and there is a tremendous growth rate in the county,
is there anything in this document stating that city will have to cut its
growth rate to meet the overall county-city combined growth rate. Kauf-
man suggested including a comprehensive plan to protect Aspen from reduc-
ing its growth rate. He is concerned including Snowmass and pitkin
County in any kind of plan with P&Z. Harvey agreed.
Richman said there is nothing in the document to compel P&Z to change the
growth rate. As part of the code amendments on the growth management
quota system, County Commissioners will request that P&Z look at a reduc-
tion of quota in the residential area to respond to centennial. Richman
thought it was a reasonable suggestion. The Commissioners are responding to
the city's employee housing problem. Kaufman said P&Z does not make
decisions as to what is necessary employee housing. Richman said that is
why P&Z will make the decision as to whether it is appropriate to change the
quota.
Harvey asked if including 2% would destroy potential flexibility. Rich-
man said no. It is a guideline, P&Z is not adopting a regulation. The
system is designed for 2% city growth rate. It is designed for 3.5% county
growth rate. It is designed to be flexible. It is designed for multi-
year allocations.
Harvey encouraged comments from the commissioners about including the 2%.
Sheldon said it is fine,butunnecessaryWhite, Hunt, Harvey, and Fallin
concurred. Anderson disagreed. Harvey said note to Council that the
growth rate is an historic fact.
Harvey questioned the meaning of "greater emphasis to be given to an annexa-
tion policy for Aspen." Harvey felt policy seven covered that, it is
urban in character and is affected by decisions in adjacent units. The
Regular Meeting
Planning and Zoning Commission
February 7, 1984
primary purpose is not to increase the land's development potential. He
suggested adding "primary purpose is not to increase the land's potential"
to "substantial increase would not result from an annexation." Municipal
services have been covered.
Kaufman said Aspen Grove, Knollwood, East Wood, Mountain Valley, places
that are platted subdivisions, places that are already on city water,
places affected by City Council, and yet cannot vote, have to be considered.
Harvey said that Council should take this document in the spirit it was
written; it is a general policy, specifics will be handled later.
P&Z has established the guidelines for an annexation policy and that in
conjunction with site specific analysis of areas, P&Z will present a
priority list. Harvey instructed Richman to outline to Council what the
program is, and how the planning process works.
Richman mentioned the County hoped the comprehensive plan would address
what Aspen would look like when built out at 3.5% per year county wide for
fifteen or twenty years. What does zoning potential look like physically?
Does P&Z like that? If so fine, if not, should the city be upzoned?
P&Z needs to give some sense of a final or ultimate picture of this community
in a fifteen or twenty year period. Harvey asked if there is a mayor's
commission exploring what Aspen looks like in the year 2000. Richman said
no, there are a series of goal statements. White supported the idea.
Richman suggested adding to objective seven a sentence that one aspect of
the comprehensive plan will be to look at the ultimate level and form of
developllent of Aspen.
Richman addressed the ski area policy. On page three of the resolution,
policy four, it states "ski expansions are preferred which are found to
have minimal impacts on land development, in the base area..." The
County preferred to delete "in the base area." The rationale is that the
ski area will have substantial land development impacts every where in the
community. Hunt noted Ruthie's Restaurant impacted the base area, not
land development. Richman clarified the County's comments. The County
is concerned with impacts in the base area and outside the base area as
opposed to being solely concerned with the impacts within the base area.
If one deletes "in the base area" the concerns are more encompassing.
Sheldon suggested to delete "in" not "the base area." Harvey suggested
using "on" for each item.
Harvey instructed planning office to rewrite the resolution incorporating
the changes: amending objective seven, amending policy four, enclosing
a memo on "dynamic and flexible." Harvey requested to view the memo and
resolution before sending it to Council.
Harvey closed the public meeting.
Hunt moved to authorize the planning office to rewrite the proposed resol-
ution for P&Z's adoption as amended; seconded by Sheldon. White asked
if Aspen's image in the year 2000 willbe incorporated. Richman said yes.
All in favor, motion carried with Anderson opposed.
VIGODA LOT SPLIT/REZONING
Richman presented a site plan of the property in question, the cOlmnissioners
reviewed it. Harvey brought the meeting to order.
Gideon Kaufman, representative for the client, stated that Lot 4 of the
Trueman subdivision is SCI-SPA. The applicant made a request because he
discovered a problemwith zoning. He is trying to clear up the dual zoning.
Richman made the presentation. There is a request for lot: split and a
request for rezoning to correct what planning office thinks is an error on
the zoning map. There is a series of technical concerns, one being a series
of six or seven statements by the city attorney's office. Most are addressed
in terms of conditions.
Richman walked the property. It is flat. It is open. There is a vacant
sideyard. It is not on the bank heading down toward the Trueman property
at all. It is as suitable for subdivision development as one could possibly
find in a piece of land. The rezoning is being done simultaneously to
,.....
-
RECORD OF PROCEEDINGS
100 Leaves
FCRId '0 C, F. HOECK[L B. 8. '" L. ~J.
Regular Meeting
Planning and zoning Commission
February 7, 1984
-4-
conform to the requirements of the codes. Any final approval of the sub-
division would wait until final approval of an ordinance to rezone the
property. At Council there is a first reading to approve the ordinance,
and then a second reading of the ordinance on the final plat on the sub-
division exception.
Fallin questioned if the house is historically designated. Richman
answered yes, and it is going before HPC.
Richman said as far as engineering, most of the comments were technical
comments about platting. There was a question about the trail easement.
P&Z agreed to sponsor the rezoning at the meeting on January 17, 1984.
It appears that the zoning maps used the old city-county lines, the Trueman
property line as opposed to using the actual property line of this property
Planning has done some research. The history of the Trueman SPA plan
indicates nothing that this land should have been considered as part of
SPA. It is clear the property is part of the residential neighborhood,
not part of the Trueman area. What is zoned as SPA was a mistake. The
property belongs in a residential not commercial property.
In terms of the criteria to bring it into conformance with the plan for
the area as well as surrounding zoning, it definitely does not increase the
degree of development potential on the site. In fact, Richman considers
the residential use to be a lower use than the SCI-SPA use. The lot is
supposed to be divided into two conforming lots, one of about 6,000 square
feet and one about 13,500 square feet. The lot split is permitted under
the growth management plan exemption. The applicant meets the criteria
of the lot split of the code.
The only issue raised is the path which is a nonformal part of the trail
system. Richman understood that the trail is outside the property
boundary, essentially it runs down into the Pitkin Trueman property.
Harvey asked if the engineering concern is that an easement be awarded.
Richman said that access from Hallam to the post office area is good.
A trail easement cannot be granted for an historically used trail to
these people because it is not on their land. The applicant has requested
some type of easement on this land, it is not appropriate. A trail from
the post office to the school was built last year. It is for the purpose
of going down to thepost office, it serves that function very well and it
is safer. The one used historically in the winter and spring is very
dangerous. Harvey asked is there some city liability. Richman continued
to say that the historical path duplicates the function of the formal
path. The fenceline is the property line for the Vigoda property. Kauf-
man mentioned at one point, the end of the trail may touch the property.
Richman said the trail does not cross the property line.
Sheldon commented that the historical path gets one from Carl's section
of the business district down to the post office directly. He said the
initial access to the cliff portion of the trail is on the property and
it is important to maintain it. Richman said he did not know what would
prohibit the trail from being used, it is not on the property.
Stan Mathis, architect for the applicant, said in part of the preliminary
approval from HPC, there is some concern about the footpath. His client
has agreed to maintain that footpath as it exists now. The applicant
has no wish or desire to close it off. And it is not on their property.
Sheldon said the portion going down the hill is not, but there is a portion
on Hallam Street running along the fence. Kaufman said the property line
is where the fence is straight and flat; where it is steep and drops off
it does not touch the property. From a liability standpoint, Kaufman said
the city would not want a trail there anyway. Edwards commented that liabi-
II...-..'...."....._~..
Regular Meeting
Planning and Zoning Commission
February 7, 1984
lity cannot be dealt with in the context of this application. Harvey said
one cannot require a trail easement on this property.
Richman recommended approval of the lot split subdivision exception and
the exemption from GMP which would result in the lot split and the re-
zoning of the portion of the property which is now SCI-SPA to R-6. There
are four conditions recommended to substantiate that.
Kaufman made two comments. First, engineering is asking for two require-
ments that have not been asked for in the past. Before Gary Esary left,
he and Kaufman discussed this. There is a new city engineer who is re-
viewing these. One thought Kaufman and Esary had was to standardize pro-
cedures so that every time there was some turnover in engineering depart-
ment, one would not have to go through recreating the wheel. Kaufman
talked to Taddune, who is going to set up a meeting with Dan MacArthur
and Kaufman. There are two requirements in the engineering memo (dated
February 7, 1984, to P&Z from Colette Penne), number two and four. Four
requires title certificate. A title certificate has not been requested
for a long time. The title companies have refused because of the require-
ments of the city. The second problem is with number two: "a note must
be placed on the drawing indicating that the interior property corners
must be monumented within one year of the effective date of the sales con-
tract, pursuant to..." This is a new requirement. The reason it has not
been required in the past it has to deal with major subdivisions v.s.
subdivision exceptions with one time lot split. Kaufman requested this
not be complied with. This will be settled by meeting with MacArthur
and the city attorney's office. They will come up with a standardized pro-
cedure.
Barry Edwards, city attorney, explained that if a title certificate is
impossible to obtain, it cannot be required. The issue is who owns the
property and do they own it fee simple. Any substantial compliance with
that requirement would be appropriate. He recommended that P&Z adopt a
resolution which recommends substantial compliance, such as proof of owner-
ship. Edwards said that Kaufman's statement on lot procedure is accurate.
Engineering is requesting that P&Z require that an applicant put on the
plat that he intends to comply with state law. The state law already
requires the monumentation for all subdivisions since 1967. There is no
use in P&Z requiring someone to put language on the plat stating he is
complying with state law. If the applicant does not comply he could be
charged with a misdemeanor. It is a surveyor or seller problem to comply
with state law. P&Z does not need to be involved.
Hunt mentioned the engineering department had a problem with the subdivision
exception. By interpretation, it allowed most applicants the exemption
of time compliance with the necessary documentation, final plat, etc. Is
that the case? Edwards said no. Kaufman said in the final, one has
ninety days under the code to record, it is invalid if that is not done.
That has been changed for condominiumization; it is not a real subdivision
although it is called a subdivision. What one wants from the condominium
plat is the internal unit configuration. Give the builder as much time
to build the condominium. Hunt asked if that means three years. Kaufman
said there is no requirement. Hunt requested some final time requirement.
Explain it to engineering.
Richman recommended language: eliminate "b" in condition four, change "CO
to "bll, lid" to lIell, "e" to ndll, and the new lie" reads 'provide the necessary
mortgage statement." Harvey said proof of ownership. And he suggested
eliminating statement "c" which requires a mortgage statement. He questioned
"construction of a single family house." Kaufman explained that a problem
has come up with the 6,000 square feet. Anderson said the existing family
had to be duplexed before the lot split took place. Richman said the appli-
cant does not have a growth management exemption for any more than the single
family. Harvey closed the public hearing.
Anderson moved to recommend the approval of the subdivision exception
for the purpose of a lot split, the approval of an exemption from growth
management allocation procedures be granted for Section 24.11.2d for the
construction of a single family house in the newly formed lot. He further
recommended that the portion of the parcel zoned SCI-SPA be rezoned to
R-6 like the zoning of the remainder of the parcel with the following condi-
tions:
'-'
-
RECORD OF PROCEEDINGS
100 Leaves
FCRIIl ~o C. f. HOECK El 8. B. B: l. CO.
Regular Meeting
Planning and Zoning Commission
February 7, 1984
-5-
1. A Statement of Subdivision Exception be approved
as to form by the City Attorney's Office and recorded.
2. The plat must comply with Section 20.15 and 20.16
regarding final plat content and survey monumenta-
tion.
3. The applicant agrees to join any future improve-
ment district.
4. The plat requirements outlined by the Engineering
Department must be completed prior to recordation.
These are specifically:
a. The adjacent subdivision (Trueman Neigh-
borhood Commercial projects) must be in-
dicated.
b.
In the surveyor's certificate and on the
face of the plat, incorrect language is
used and should be changed to "Original
Aspen Townsite."
c.
The City of Aspen certificate has some
incorrect language. The action is a sub-
division exception approval, and the
document is a subdivision exception plat.
Seconded by Pat Fallin.
approve the subdivision.
in favor, motion carried.
Hunt believed the motion should be changed to
Richman said that is already recommended. All
Meeting adjourned at 6:30 p.m.
A/iM fA' :J:~AAA
Barbara Norris
Deputy City Clerk