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BRADFORD PUBLISHING CO., DENVER
RECORD OF PROCEEDINGS
Aspen Planning and Zoning Commission, July 10, 1979, 5:00 PM, City Council Chambers, page 1
The Aspen Planning and Zoning Commission held a continued meeting from July 2, 1979 on July 10,
1979, in the City Council Chambers, at 5:00 PM. The members present were Olaf Hedstrom, Welton
Anderson, Perry Harvey, Roger Hunt, and Lee Pardee. Staff representatives were Karen Smith
and Richard Grice.
AVVNA:
Richard Grice was present to discuss the AVVNA, in which he explained it
stood for Aspen Valley Visiting Nurses Association.
Anderson stepped out from the discussion.
Grice stated that the appl~tation came from Brian Goodheim and Neil Ross.
They are requesting special review approval for the FAR bonus to provide
additional commercial space, employee housing, and a reduction of required
parking. Grice stated that the application has changed slightly by
reducing the total commercial space that they are requesting and the total
strucutre space they are requesting to 2330 square feet.
Grice stated that the code allows .75 to 1 commercial space be right in
the zone. A bonus of .10 commercial space provided that they construct
.15 in employee housing. He stated that the .75 to 1 permitted by right
stays at 2250. The .15 to 1 stays at 450. However, the bonus and
commercial space they are now requesting is only 80 square feet instead
of 300 square feet. The reasoning for this is that their lot is 3000
square feet, and they could not get more than 3 spaces in the back of the
property. The employee unit is intended to house their secretary.
Grice stated that they recommend that the committee's finding should be
2 things; 1. the intent of the FAR bonus has been met and, 2. that they
need to make a recommendation to City Council as to what price guidelines
should be fixed to the low-income guidelines.
Harvey asked what the total square footage was. Grice replied that it
was 2780, and before that it was 3000.
Dunnaway asked if it was subject to the GMP. Grice replied that it was
not considering that it was in the a-Zone District.
Grice stated that they are simply asking for less than their .10
commercial bonus in return for allowing the employee housing unit. In
this way, they will only need three parking spaces instead of four.
Grice stated that there were two elements in parking. The first one is
that there is parking requirements for three spaces per 1000 square feet
of commercial space. The request is to reduce that number to 1.5 parking
spaces per 1000 square feet. The second element is that they would like
to eliminate the parking space for the employee housing all together.
Grice stated that it is the Planning Office's recommendation that they
approve the reduction in parking for the commercial space to 1.5 spaces
per 1000 square feet and that they make a recommendation to City Council
that the parking space for the employee housing unit not be required.
Harvey asked Grice what the original application was. Grice stated that
they asked for 300 square feet of commercial bonus.
Hunt felt that most employees have vehicles and considering that there
will not be a parking space for the employee housing unit; there will
be one less commercial parking space for the secretaries' vehicle. Hunt
stated that they should not say that the employee housing unit does not
need a parking space in which in practicality it does.
KSPN:
SHOAF'S RIVER VIEW
SUBDIVISION:
Goodheim stated that it really enhances the ability of the employer to
attract and keep the employees.
Hedstrom asked if it was possible to have four parking spaces. Goodheim
stated that it was not because htey only have 30 feet along the alley
way. Goodheim noted that they would not encourage any employee parking
there at all considering that they would be near everything in town.
Goodheim stated that it was a PMH unit and that they do not have to
provide parking. Their alternative is that they could make that area into
2250 square feet of office. Goodheim noted that this would be easier to
finance.
Harvey made a motion that they find that the application for the Aspen
Valley Visiting Nurses Association Building expansion meets the intent
of the FAR bonus, and further recommend to City Council that the rental
and sale price guidelines established for the employee housing unit
should be low-income PMH, and further that the off street parking
requirement be reduced for the commercial from the 3 spaces per 1000
square feet of commercial space to 1.5 spaces per 1000 square feet
of commercial space, and further recommending the required p~rking space
for the employee housing unit be waived. Pardee seconded. All in favor,
the motion carried.
KSPN has withdrawn their application.
Anderson stepped back in for this discussion. Grice stated that this
was a preliminary plat stage for the Shoaf River View Subdivision.
This application involves the splitting of a 30,010 square foot parcel
in halve in order to create a second single family residence. There is
already one single family residence in existence, so it is in accordance
with an exemption listed in the GMP. Whenever there is enough land
area for density for double density, and an existing dwelling can be a
single dwelling duplex, one can cut off one additional piece of ground
which would be restricted to single family use. Even though the R-15
Zone allows duplexes, this parcel will not be able to have the duplex
for two reasons. 1. It would have to go to GMP competition to be other
than a single family, and 2. it would never happen anyway because parcels
created after a number of years ago, you have to have 20,000 square feet
in the R-15 Zone. So, considering that this parcel of land would only
be 15,000 square feet, it would permanently be a single family site.
Grice stated that the location will be on Mill Street, just up the hill
from Herron Park. This application has been referred to the City Water
Department, Sanitation District, Mountain Bell, Holy Cross Electric,
Canyon Cable, Rocky Mountain Natural Gas, and the Fire Marshall in which
all of these have no problems with this application at all. They recommend
the committee's approval. One comment from the Engineering Department in
which they recommend that they approve the subdivision subject to the
corrections that was present in the packet.
Harvey asked about the flood line. Grice stated that the surveyor became
confused and that no flood line exists. So the Engineering Department
would like the flood line corrected on future plats.
Grice stated that the building site is poor and that it goes down the hill.
So between the cottonwoods and the stream margin review, the Engineering
Department would like them to rotate the building. Pardee stated that
the Engineering Department should not tell people where to build or to
rotate their building.
Hedstrom opened the meeting to the public. No comments from the public.
Hestrom closed the meeting to the public.
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BRADFORD PUBLISHING CO., DENVER
RECORD OF PROCEEDINGS
Aspen Planning and Zoning Commission, July 10, 1979, 5:00 PM, City Council Chambers, page 2.
Hedstrom asked to obtain a motion tp approve the Shoaf River View
Subdivision preliminary plat subject to the correction, and attention
to the final subdivision plat in the final matters, the flood plane
indicated on the preliminary plat be corrected, the twenty foot easement
along the westerly boundary route be made a part of the subdivision,
the building site be adjusted to remove it from the stream margin review,
and for the protection of well established large trees. Harvey moved to
adopt the motion that Hedstrom made. Anderson seconded. All in favor.
Motion granted.
ZONING OF MIDLAND
PARK:
Karen Smith was present to discuss this project. She stated that the
matter involves rezoning in which a public hearing will be held for this.
This involves the acreage in which the County's housing project, Midland
Park, was built. Smith stated that in May of this year, Midland Park was
annexed into the City. This needs to be zoned because it does not have
zoning until the City takes action on it. The Planning Office is
recommending a multi-family PUD zoning, and also recommending that it be
a mandatory PUD to accomodate the possibility for change through the PUD
plan. PUD is a process by which you could bury the standard area and
bulk requirements in order to fit the contours of the land or to meet
unusual site characteristics. Smith stated that this particular zoning
would be most consistent with what was zoned in the County and also it
is fairly consistent with ajacent land uses in zoning in that area. The
Planning Office recommends that this area be zoned RMF-PUD. That is
what they suggest that the P&Z should recommend to City Council.
Harvey asked Smith if they were zoning anything else besides the Midland
Park project. Smith replied no.
Hedstrom opened the meeting to the public. No comment from the public.
Hedstrom closed the meeting to the public.
Hunt made a motion that they recommend to City Council to establish the
RMF-PUD Zoning for the Midland Park annexation. Harvey seconded.
All in favor. The RMF-PUD Zoning passed for Midland Park.
TRANSPORTATION FACILITIES
AT THE PLUM TREE:
Karen Smith was present to discuss the Transportation Overlay. Smith
handed out to the committee the legal description of the Plum Tree site.
Smith noted that they were considering the Plum Tree and or the Rio Grande
as a Police impound lot. Smith stated that the Police came to them a
couple of months ago and expressed a problem that they need some place to
store their cars after they tow them. They have been using the industrial
area in the Rio Grande. Smith stated that one of the proposals is to
amend the SPA plan. Smith explained that the Planning Office was
recommending against that in reason that a greenway was proposed for that
area and the cars would be disruptive for that area. She noted that an
argument' for that particular area would be if the fill continues to
exist, and the cars would be raised above the river elevation, there will
be some area left along the river that it would be possible to walk on.
Smith stated that the argument would not last considering that the fill
is there for the Mill Street improvements. Smith stated that they have
looked at the Plum Tree site and that the Planning Office prefers that
site. For reasons that it would not interfere with the greenway, it
would not make a major amendment in the SPA plat for the Rio Grande.
She felt that the Plum Tree should be recommended for the transportation
overlay for the purposes of accomodating the impounded cars but also for
the purpose of acting as an intercept parking lot. Smith stated that the
area that they are proposing for the transportation overlay would be
lcoated behind the tennis courts and would incorporate the ball area.
The southern boundary would be Highway 82. The area would be bermed and
screened like the tennis courts. This would not be visible to the highway
or the residences which are located across the golf course.
BIBBIG STREAM MARGIN
REVIEW:
Harvey stated that it would decrease the effectiveness with getting the
cars to the people and towing them., It would probably increase the
towing bill and the time that it would take.
Anderson felt that it would be a waste of time, the taxpayers money,
the Policeman's time, and gas.
Harvey brought up the idea of doing a combination measure whereas the
Plum Tree is used as an impound lot and the Police would be obligated
if they put a car in the Rio Grande, and after a certain set time, they
would move it to the Plum Tree. This would prevent a serious impact on
the greenway.
Smith stated that she did not think that it made much difference to
McClung where the impound lot was located. At the staff meeting, the
staff felt that the Plum Tree would be a better choice because it would
be less visable, you would not be impacting the greenway plan, nor are
you reducing options for furthur use of that property.
Smith stated that they need some type of gate to help prevent the thefts
from cars and stolen vehicles.
Harvey suggested that they do a transportation overlay at the Plum Tree,
and table the transportation overlay at the Rio Grande until they receive
some imput from the Police Department as to what they would like to do.
Smith stated that if they do the transportation overlay at the Plum Tree
site, it would involve a recommendation for rezoning, use determination
that intercept parking and Police impound lot are uses permitted.
Hedstrom opened the meeting to the public. No comments from the public.
Hedstrom closed the meeting to the public.
Harvey made a motion; that we implement a transportation overlay zoning
on the Plum Tree property and further recommend that we find that a use
determination be appropriate for the Plum Tree property as both a Police
impound lot and as intercept parking facility of a temporary and on an
as needed basis, the legal description that Smith handed to the committee
(which is on file in the Clerk's Office), part of the recommendation
that the impound lot be bermed to minumize the visual impact on surrounding
homes and from traffic on Highway 82. Anderson seconded. Smith
recommended to Harvey that he change one thing on his motion, instead of
finding the uses of intercept parking facility and Police impound lot
to be permitted at the Plum Tree, Smith felt that it would be more
correct to say, find those uses to be permitted within the transportation
overlay district. Pardee seconded. Harvey change the motion to read,
berming and or a natural screening. Pardee seconded. All in favor.
Motion granted.
Harvey made a motion, that the Planning and Zoning continue the public
hearing on the use of the Rio Grande which is currently used as an
impound lot, that they would postpone a decision on that until they
receive more imput at the next meeting on the 17th from the Police
Department and Transportation Office as to the viability of that use.
Harvey changed his motion, that they defer action on the consideration
of the Rio Grande property as a Police impound lot until the next meeting
where they could get imput from the Police Department. Hunt seconded.
All in favor. Motion granted.
Grice told the committee that anything that is built 100 feet from the
high water line on the stream has to go through stream margin review.
Grice mentioned to the new members that among the reveiw criteria, there
are several points to consider. 1. There is a requirement that there will
not be any construction within the 100 year hazard flood plane. 2. That
if there is a trail involved, that it be dedicated. 3. All attempts be
made to implement the Roaring Fork Greenway Plan. 4. No added erosion
into the stream. 5. There may not be any changes in the stream channel
or in its compacity {which includes the low-lands}.
Grice stated that in this case, the only portion of the building permit
that is in question is the far end of the balcony. Grice told the
committee that this is an application for a new structure. He stated
that Bibbig's property lies between the Roaring Fork and Midland Park.
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BRADFORD PUBLISHING CO., DENVER
RECORD OF PROCEEDINGS
Aspen Planning and Zoning Commission, July 10, 1979, 5:00 PM, City Council Chambers, page 3.
Grice stated that the Engineering Department has brought up an issue.
The Engineer's main concern was the possibility of the deck causing
interference with the maintenance and operation with the ditch. Grice
stated that the Engineering Department suggests to the committee that
the approval be conditioned upon the owner agreeing not to develop the
property in such a way that it would interfere with the operation and
maintenance.
Hunt moved that the Bibbig parcel on Park Ave. satifies the stream margin
review proceedures, provided that the encroachment on the ditch becomes
the responsibility of the owner of the property so that it does not
interfere with any maintenance acitvities or what ever tost of additional
maintenance activities for the ditch do become the liability of the
owner. Harvey seconded. All in favor. Motion carried. Hunt moved to
amend his previous motion, to make the last condition a deed restriction
instead of the last condition being encroachment on the ditch etc.
Harvey seconded. All in favor. Amended motion is carried.
MOBILE HOME PARK
DISCUSSION:
Smith stated that there was to be a memo distributed at this meeting by
City Attorney, Ron Stock. Considering Stock is not present, Smith
suggested that they table the item until next time.
RESOLUTIONS:
Reccommendation for Adoption of R-15A Zone District.
Smith stated that it would be moderate in terms of uses in area and bulk
requirements in the current R~15 Zone District, but would not allow
duplexes except in the circumstances that ~ of the unit was deed
restricted to employee housing price guidelines.
Anderson moved to approve the Resolution of the Planning and Zoning
Commission of the City of Aspen number 79-7. Harvey seconded. All in
favor. Resolution approved.
Zoning of Lot 12, Pitkin Mesa Subdivision.
Smith stated that this particular piece of land will soon be annexed to
the City, and they recommend that they zone it R-15 to be consistent
with the zoning and the subdivision around it.
Anderson moved to approve Resolution of the Planning and Zoning Commission
of the City of Aspen Resolution number 79-8, Harvey seconded. All in
favor. Resolution passed.
Zoning Enforcement Officer.
Smith stated that they hav,,',recommended this at their last meeting and
that alot of condtiOlls were attached, that' no cone in the City is _
free to enforce this, and to monitor the conditions implemented, the
Aspen Planning and Zoning Commission asked that the Planning Office
prepare a resolution recommending to the City Council the need for a
zoning officer.
Anderson stated that Clayton Meyring, Building Inspector, has much to do
now, and that they need someone to enforce these things.
Hedstrom stated that they have wasted their time going through all the
proceedures if no one is going to enforce the regulations that they have
proposed on them.
Hunt stated that there were two ways at looking at this. One thing is
a "snoop", which he does not care for. The other thing is one who takes
action on a complaint basis, this he does not mind.
Pardee stated that they need "Sherlock Holmes".
Hunt stated that all they need is another inspector that the developer
has to be straddled with. If the building inspector was doing his job,
then he would need some one to do that. Anderson stated that the
building inspector can not do his job probably because there is too much
work. Hunt replied that the building inspector needs more personnel,
not more "snoops" going around.
Harvey felt that the resolution was vague. The powers were not laid
out.
Hedstrom suggested that they defer action until the new members have a
chance to study the resolution. Hedstrom stated that job description
is an administrative matter; that they are recognizing a need, and they
are trying to do something about that need.
Anderson made a motion to adjourn. Harvey seconded. All in favor. The
meeting adjourned at 7:00 PM.
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