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HomeMy WebLinkAboutminutes.apz.19731016 - --- RECORD OF PROCEEDINGS 100 Leaves FORll" C.F.HOECKELB.8.Sl L. CD. Regular Meeting Aspen Planning & Zoning October 16, 1973 Meeting was called to order at 5:10 p.m. by Chairman Jim Adams with Bruce Gillis, Bryan Johnson, and Jack Jenkins. Also present City/County Planner Herb Bartel and Assistant Donna Baer. Johnson made a motion to approve the minutes of October 2, 1973, seconded by Gillis. All in favor, motion carried. Oklahoma Flats - Rezoning Resolution Bartel submitted the Aspen Planning Commission Resolution recommending the rezoning of Oklahoma Flats to the Com- mission. "WHEREAS, a City initiated application has been made requesting that Okalhoma Flats as shown on the at- tached map be rezoned from R-6, Residential to R-15, Residential, and WHEREAS, the Aspen Planning Commission has held a public hearing on said rezoning application and has con- sidered all statements, evidence, maps, correspondence and other materials both for and against said rezoning, and WHEREAS, the Aspen Planning Commission has determined that the requested amendatory zoning ordinance is neces- sary to protect and promote the public interest. NOW THEREFORE BE IT RESOLVED, that the Aspen Plan- ning Commission hereby recommends that the City Council approve the rezoning of the land known as Okalhoma Flats as shown on the attached map be rezoned from R-6 Residen- tial to R-15 Residential, NOW THEREFORE BE IT FURTHER RESOLVED, that the Plan- ning Commission feels said area is especially suited for development under the Planned Unit Development concept and encourages this approach." Gillis made a motion for the Commission to approve the signing of this Resolution and submit it to the City Council, seconded by Johnson. All in favor, motion carried. Blue Sky Condo. - Preliminary Plat Ms. Baer explained that after the developer's previous presentation, Commission had requested further expert appraisal of the site. Ms. Baer submitted an avalanche report done by Hans Frutiger and Whitmey M. Borland. Stated that it would appear that there would be no avalanche in the wedge for at least 150 years. Ms. Baer stated that the Planning Office felt construc- tion could be permitted. Felt language should be included on the Subdivision Plat noting the avalanche area. Steve Crowley was present and submitted a map to the Commission showing the avalanche area. Stated that originally planned for 24 units, but due to the cir- cumstances had reduce the units to 8. Lenny Oates, Attorney representing the developer, stated that the report and credentials were evidence in support of the modified plans. -1- _..........,"""...._.,...,.~,_.."^-".,-~""."" fORM" C,F.HOECKELB.B.I> L. CO. -- .-... RECORD OF PROCEEDINGS 100 Leaves Regular Meeting October 16, 1973 Main Motion Riverview ASsoc. - White Property Exemption from the Definition of Subdivision Aspen Planning & Zoning Crowley stated that there had been no avalanche activity in the wedge for 80-100 years. Chairman Adams stated the report submitted appeared to be extremely comprehensive and satisfactory. Ms. Baer questioned Crowley as to where the utilities would be dug in. Crowley stated that it would be on the east end of Lot 1. Ms. Baer qeustioned the turn-around and whether or not it had the approval of Willard Clapper, head of the Fire Department. Crowley stated that the plans had been redone and they had put in a road. Stated that the grade going down was approximately 8%. Ms. Baer stated that the road must be reviewed in relation to the topographical map. Crowley stated that he had notes from Clapper concerning the access to the site, and pointed out the location of the hydrants. Ms. Baer stated that the developers agreed to participate in any improvement district as if bordered by Ute Avenue. Oates stated that the developer would ocmmit the trail easement on the final plat. Gillis made a motion to approve the preliminary plat for Blue Sky Condominiums on the following conditions: (1) Planning Office acceptance of the recorded ac- cess easements through adjacent properties. Book and page should be on plat. (2) Engineering Department approval - recommenda- tion to exceed the maximum of 8% grade in the southerly access road. (3) Engineering Department approval - provisions to assure runoff will not affect lower lots, either by storm drains or drainage easement. (4) Engineering Department Approval - a contour map to be provided to determine if water can be served to the lot. If adequate pressure is not available for fire protection, a pump and storage system will be required. Require room for the Fire Truck to turn around. (5) Engineering Department Approval - utilities to be 'brought to the site by easement which does least damage to natural terrain. (6) Language on the plat noting avalanche area. (7) Public trail easement on private road. Motion seconded by Johnson. All in favor, motion carried. Attorney Nick McGrath was present and submitted a map showing the proposed land exchange. Riverview is build- ing a condominium project at 1020 E. Hopkins Street and wishes to exchange approximately 84 sq. ft. with an ad- jacent land owner in order that they may have a simpler and straighter lot line. -2- -- -- RECORD OF PROCEEDINGS 100 Leaves FORM 5~ C. F. H OECH:EL B. B. l> L. co. Regular Meeting Aspen Planning & Zoning October 16, 1973 Ms. Baer stated that the Planning Office had no objec- tions to this proposal. Gillis made a motion to exempt the White Property from the definition of Subdivision, seconded by Johnson. All in favor, motion carried. Schottland Agreement Bartel submitted to the Commission a copy of the proposed Agreement, and summarized the following points: (1) sets out for the Commission recommendation that Ordinance #19 be amended to include the list of uses; (2) specifies square footage limitation for the first phase; (3) City would not be stopped from changing land use expenditures. Schottland explained that there would only be 12% land coverage on the total site, and that the project must come under subdivision review. Chairman Adams stated that he would rather not amend Ordinance #19, Commission concurred. Gillis stated he would like to approve the Agreement without amending Ordinance #19. Jenkins pointed out that the Commission would have more problems dealing with this project because it presents the particular problem of being so large. Chairman Adams stated that he felt the uses should be approved by Ordinance #19 Review procedure rather than amending the Ordinance. Gillis stated he would like to compare the Agreement with the agreement wfuich was previously presented. Bartel pointed out that the uses are the same in both agreements. Chairman Adams explained that the intent of Ordinance #19 was to give the Planning & Zoning Commission a say in whether or not something goes in. Some things would be allowed, while others would be held in ab~yance. Schottland pointed out that the first paragraph of the Agreement gave the City the right to rezone as they saw fit. Jenkins stated that he felt the map should be changed so that this large parcel of land could be zoned differently. Bartel pointed out that Ordinance #19 was not designed to apply to projects that will have a long-range build out. Jenkins made a motion to approve the agreement on the condition that the first phase uses would still be sub- ject to Ordinance #19, and that the Planning Office could determine if the uses are acceptable, seconded by Johnson. Johnson then moved to amend the motion to say that "this agreement is for the life of Ordinance #19 only". All in favor, with the exception of Gillis, who abstained. City Attorney Sandra STuller was present and stated that she felt the Commission could not delegate that power to -3- -'---"'~-~~"--'~'-' If'" -- RECORD OF PROCEEDINGS 100 Leaves fORM," C.F.HOECKELD.B.SlL.CD. Regular Meeting Aspen Planning & Zoning October 16, 1973 to the Planning Office. Gillis made a motion to amend the original motion to read that the Commission would review the project under Ordinance #19, seconded by Johnson. All in favor, motion carried. R.O. Anderson Residence Ms. Baer stated that this proposal was an addition of a garage and a studio, and would not increase the density. Gillis made a motion to approve the proposal, seconded by Johnson. All in favor, motion carried. Ordinance #19 Review - Sanderson Building Architect Larry Yaw was present and explained that this was a proposal to add a second floor above the Tom Mix Flying School for retail purposes. Stated that Tom Mix has agreed to buy two parking spaces and construct roof drainage according to specifications of the City Engineer- ing Department. Would be an additional 900 plus square feet. Yaw further pointed out that this addition would not in- terfere with the view. Ms. BAer submitted a diagram of the proposed addition, and stated that the Historic Preservation Committee had re- viewed the proposal and had approved it. Johnson made a motion to approve the addition, seconded by Gillis. All in favor, motion carried. Ordinance #19 Review - Woods Building Ms. Baer stated that the Historic Preservation Committee had approved the structure, but would like to review the color and the building material. Ms. Baer briefly explained the diagram of the Commission and explained that the City Council must grant approval to the covered walk. Gillis made a motion to approve the proposal on the con- dition that the drainage be satisfactory for the covered roof, seconded by Jenkins. Motion included that the requirement for parking space purchase be determined. All in favor, motion carried. Ordinance #19 Review - Caribou Condominiums Ms. Baer explained that this was a review of two units second phase of a new six unit condominium. Johnson made a motion to recommend for approval on con- dition that the applicant dedicate a ski easement along the southerly boundary of the property, seconded by Jen- kins. All in favor, motion carried. Ute Avenue Condominiums Ms. Baer pointed out that this was a project on Ute Avenue at the Aspen Alps Road, a request for new 14 unit con- dominium. Further pointed out that the zoning in this area was mixed residential. Ms. Baer further pointed out that the Ordinance #19 Re- view Committee had recommended denial of the project for the following reason - use appears to be incompatable with the land use plan and mass of the proposed structure too great. -4- ''"'~~'~'~-'---...._....,-- - -- RECORD OF PROCEEDINGS 100 Leaves FORM" C.F.HOECKELB.a.8:L.CO. Regular Meeting Aspen Planning & Zoning October 16, 1973 Johnson made a motion to deny the proposal, seconded by Jenkins. All in favor, motion carried. Bruce Kistler, attorney representing the developer, was present and requested the Commission clarify the grounds for denial. Chairman Adams stated that the use doesn't conform with the Land Use Map. Ms. Baer stated that the Planning Office felt it was a tourist use in a mixed residential area. Kistler asked the Commission if they would classify mixed- residential as a land use which would prohibit second homes. Chairman Adams stated that they were applying the definition of permanent resident housing. Ms. Baer expressed the Council's concern for permanent housing. Chairman Adams stated that the second home takes up space in an area which he doesn't want to see devoted to that use. Bartel stated that Ordinance #19 requires that disapproval be in writing and sent by the Building Inspector. Johnson made a motion that the Commission recommend the Planning Office write a Resolution giving the reasons for denial of the project and that this Resolution be returned to the Commission for approval. Motion seconded by Jenkins. All in favor, motion carried. Coach light Chalet Ms. Baer stated that this was a request for one additional unit on the second floor of an existing lodge. Pointed out that this is mixed residential. Chairman Adams stated that he objected to any lodge ex- pansion in that area. Felt it would be inconsistent to not allow Stein Gantzel to build on to his lodge and al- low this expansion. Mr. Eyemere's brother was present and stated that this addition had been approved by the Board of Adjustment and the Advisory Board had recommended approval. Chairman Adams pointed out that this was fairly far-re- moved from the core area and would create a transporta- tion problem. Gillis stated that sidewalks need to be considered for that area. Gillis made a motion to deny the project. Motion failed for lack of a second. Johnson made a motion to approve the project. Motion failed for lack of a second. It was pointed out that Mr. Eymere had initiated this be- fore Ordinance #19, and that the Board of Adjustment had referred this to City Council, and that it had had ap- proval. -5- If'" -- RECORD OF PROCEEDINGS 100 Leaves ~ORM 10 C. F. HOECKEl a. B. I.l LCD. Regular Meeting Aspen Planning & Zoning October 16, 1973 Further pointed out that the Brown Ice Palace was quite a tourist attraction, and that the Commission should con- sider this expansion absolute miniumum. Johnson made a motion to approve the project, seconded by Jenkins. Johnson, aye; Jenkins, aye; Gillis, abstain; Adams, nay. MOtion passed. Ms. Baer pointed out that preliminary and final approval would be at next regular meeting. Commission decided to hold a special meeting on Tuesday, October 23rd at 5:00 p.m. Gillis made a motion to adjourn, seconded by Jenkins. All in favor, motion carried. Meeting adjourned at 8:00 p.m. /J :1;,' / / " L ry -6-