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Home My WebLink Aboutminutes.apz.19791002 BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Regular Meeting Aspen Planning and Zoning Commission October 2, 1979 The Aspen Planning and Zoning Commission held a regular meeting on October 2, 1979, at 5:00 PM in the City Council Chambers. Members present were Olof HedstroI Lee Pardee, Perry Harvey, Welton Anderson, Nancy McDonnell and Roger Hunt. Also present were Karen Smith, Richard Grice Joe Wells and Sunny Vann of the Planning Office, City Attorney Ronald Stock, Housing Director Jim Reents and City Engineer Dan ~1cArthur. Approval of Minutes Hunt moved to approve the minutes of 1979, as presented, Pardee seconded. approved. August 10 and August 2: All in favor, motion Commissionmember Comments Hunt stated the "Aspen Ski Academy" had setup a business in the R-6 zone at 5th and North that allows people to stay overnight. He asked the Planning Office to check into it. Pardee noted that City Council voted against the P&Z's recommendation to deny the Tipple Lodge condominiumization. He was distressed that they went against the P&Z's recom- mendation and suggested some message to Council emphasizing what the P&Z found and why. The Council's reason for over- ruling the P&Z was they felt they had no legislation on which to deny the application. Pardee aSked Grice to come up with a summary of the P&Z's deliberation of this appli- cation. He also asked that the City Attorney speak to the question of taking action on points that have no legisla- tion. Stock said the state statutes create general standards for determining subdivision approval or disapproval. These standards give P&Z and Council wide discretion. Case law in Colorado states that "approval of a subdiVision may not be denied simply on the grounds that existing regulations are not regarded as being sufficiently comprehensive". Stock felt the code needed a clear statement with general regulations at the beginning of the subdivision code. He also noted that the subdivision code spoke to land subdivi- sion, not condominiumization. He noted that people are using subdivision exemption for a short subdivision process. The code needs a short subdivision process. Stock recom- mended a rewrite of the subdivision code but stated he could not have it for at least six months. He recommended a moratorium on condominiumization in the interim. Bil Dunaway, editor of the Aspen Times, noted that the City Council disagreed with the P&Z that the condominiumization of the Tipple would take tourist housing out of the short term market. Pardee did not feel they had all of the in- formation. Dunaway recommended that p&Z send a representa- tive to Council to clarify the P&Z's recommendations. Hedstrom asked the Commission if they felt a moratorium on the condominiumization of lodges was necessary. The members were agreeable to a moratorium that specifically addressed the condominiumization of lodges. The Commission also decided to send a representative to the Council meetings on items that P&Z was concerned with. They also asked to receive all Council agendas. Stock said he would draft a resolution recommending this type of moratorium to the Council. Pardee also asked the Planning Office to be more explicit to the Council on the work p&Z does on important issues. Pardee noted that Jere Fox of the Chamber was doing a survey of all the bedrooms in town to show if they are being rented out or not. He felt this would provide impor- tant information. Harvey asked if the moratorium would trigger a flood of applications for lodge condominiumiza- tion. Stock said he would make the moratorium apply to applications that come in subsequent to a certain date. He noted there are two applications now being processed that this moratorium would not affect. -2- Regular Meeting Aspen Planning and Zoning Commission October 2, 1979 Coordes Subdivision Exemption GMP - 1979 Commercial Applications Anderson stepped down from his position on the commission due to a conflict of interest. Reents introduced the application. He noted the P&Z had approved the expansion of three employee housing units with the condition that they be deed restricted to low, moderate and middle income housing guidelines. He noted the applicant had a problem with that. Hunt noted that the P&Z allowed the applicant the three new units as free market and the older units as employee housing. Reents said that Engineering had some problems with the application McArthur noted that the east end of town does not have many sidewalks. He left it to the Commision as to whether or not sidewalks should be required. The real problem is the parking situation; the code requires one parking place per bedroom, there are five bedrooms. Presently, the residents are parking in the right-of-way. Hunt asked if there was any space available for off-street parking. McArthur said no. Gideon Kaufman, representing the applicant, said there was a rush in 1975 to get sidewalks in the City. It was never done in this area. He felt it ludicrous to require this piece of property to provide sidewalks. He suggested an agreement from the owner that, in the event a sidewalk is requested in the neighborhood, the owner install one and then address the problem of parking. He noted the new units can be exempt from the parking requirements because they are employee housing. Stock recommended requiring a curb and gutter be installed now and the applicant agree to install sidewalks and off-street parking if requested in the future. Hunt moved to recommend exemption from strict application of the subdivision regulations of the Coordes seven unit housing complex conditioned on I) the three units under rental price guidelines also come under the low, moderate and middle income sales guidelines as well and are so deed restricted, 2) that the project enter into a sidewalk im- provement district and upon installation of sidewalks at some future date, shall provide five parking spaces on site to fulfill the requirements of the free market units and that the employee housing units are found to be exempt from parking requirements, 3) install new curb and gutter on the West End street starting at Hyman Avenue to the alley as per Resolution #19, 1975, and 4) comply with paragraphs I and 2 of the Engineering memo dated October 10, 1979, from Daniel McArthur. Otherwise, there are no detrimental affects to land use and the applicants are supplying employee housing benefits to the community, Pardee seconded. Hunt moved to amend his motion to include condition 5 which says that the complex shall be subject to the six month minimum lease provisions of Section 20-22(b), Pardee seconded. All in favor, motion approved. Reents noted that proper notice was not published for this meeting so they are to score these applications on October 23, 1979. There are seven applications: ....smith'Building for 6,000 square feet, 5,100 commercial, 9,00~employee housing; First National Bank for 8,406 square feet, all commercial; Bell Mountain Sports, 2,000 square feet of commercial space and 407 square feet of employee housing; La Cocina for 1,300 square feet of commercial space; Ajax Mountain Asso- ciates for redevelopment of the site occupied by the Aspen A's, 13,500 square feet of commercial space with the remo- val of 7,425 square feet of existing commercial space for a total of 6,075 square feet; Epicure, 10,041 square feet of commercial and 1,959 of employee housing. The Epicure requests from the P&Z approval of continued commercial use ~ -.J BRADFORD PUBLISHING CO., DENVER -3,.. RECORD OF PROCEEDINGS October 2, 1979 Regular Meeting Resolution #79-18, L-I Code Amendment Aspen Planning and Zoning Commission of their patio adjacent to the restaurant and still use that area in their open space calculation. If denied, they would not serve food outside. The total applied for in 1979 is 32,922 square feet of commercial space. There is a provision to increase the quota for 1979 by 25% or 6000 square feet. The total possible with the bonus is 30,000 square feet. Reents explained the GMP scoring process for the benefit of the new P&Z members. Anderson moved to continue the consideration of the 1979 commercial GMP application as scheduled for this regular meeting continued to the meeting on October 23, Hunt seconded. All inifavor, motion approved. Pardee moved to adopt Resolution #79-18, as amended, Anderson seconded. All in favor, motion approved. Pardee moved to adjourn the meeting, McDonnell seconded. All in favor, motion approved. Meeting adjourned at 6:45 PM 04tJJf-.d~A?rO~ ) Sheryl . en, Deputy City Clerk