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HomeMy WebLinkAboutcoa.pz.gmc.012098Aspen Planning and Zoning Commission January 20, 1998 GROWTH MANAGEMENT COMMISSION Sara Garton called to order the joint Growth Management Commission meeting with Steve Buettow, Bob Blaich, Tim Mooney, Roger Hunt, and Jasmine Tygre of city P & Z and David Guthrie of county P & Z present. TIPPLE TOWNHOMES RESIDENTIAL GMQS SCORING Garton opened the public hearing. David Hoefer, assistant city attorney, told the Commission the applicant’s representative provided a notice of hearing indicating both mailing and posting of public meeting to be in order. However, there is not a quorum and this needs to be continued Hunt moved to continue this to January 27 at 4:30 p.m.; seconded by Tygre. All in favor, with the exception of Blaich. All in favor, motion carried. CITY PLANNING & ZONING MEETING Sara Garton called to order the regular P & Z meeting at 4:45 with Steve Buettow, Bob Blaich, Tim Mooney, Roger Hunt, and Jasmine Tygre present. COMMISSIONER COMMENTS 1. Garton said Wednesday January 28 from 3 p.m. to 5 p.m. there is a roundtable meeting on the Grand Aspen demolition if any P & Z member is interested in attending. 2. Julie Ann Woods, community development department, announced a joint meeting with the county February 10th on the county’s interim housing and transportation down valley plan. 3. Julie Ann W oods, community development department, reminded the Board staff had outlined an approach to the AACP work. Staff met with Council and County Commissioners and they have a different approach to the AACP. Staff has been asked to redefine the program so a revised version will be brought back to P & Z. Ms. Woods requested input as P & Z will be involved in the redraft of the AACP. 1 Aspen Planning and Zoning Commission January 20, 1998 4. Steve Buettow requested an update on the North Forty project. Garton said the project being remanded back to P & Z is up to the housing authority and the BOCC. P & Z could request this as a joint growth management commission. Julie Ann Woods told P & Z the commissioners are meeting on this subject next week. Hunt moved to direct staff write a resolution to request that the city P & Z review the North Forty project again; seconded by Tygre. All in favor, motion carried. 5. Bob Blaich noted an article recently in the newspaper about problems the HPC has had with a property in town. Blaich said P & Z also reviewed that particular building and approved the mass and height. Blaich said P & Z should know what has happened and what enforcement action could be taken. David Hoefer, assistant city attorney, said the problem is enforcement. Hoefer said staff is discussing contractors on historic projects obtaining special certification to do historic work. If any conditions are violated, the contractors would lose that certification. Staff is also looking at bonds; however, for violation of a municipal code section, the city is precluded from fining over $1,000, and having to forfeit a bond may be in excess of $1,000 and may be unconstitutional. Hoefer told the Commission that the monitor at HPC for each project is being provided with a notebook listing every single condition; HPC resolutions are going to be more detailed. These resolutions will be provided to the contractor and architect. Tygre agreed on violations that occur with projects approved by P & Z. Tygre said denying the certificate of occupancy may put pressure on the contractor or owner to comply with conditions from HPC or P & Z. Garton said P & Z can pass on to Council that they would like what P & Z votes on to be enforced. Mooney suggested a resolution stating if plans approved by P & Z are not followed to the letter, the certificate of occupancy is held up and/or if there is more than one red tag, the CO is held until the project is reviewed by P&Z again. Blaich said he would like some specific action on the building at 303 E. Main. Buettow requested a full report in writing on the project at 303 E. Main and the reality of that building. Hoefer said there were some bonuses given to that project for promising to meet certain conditions, that were not done. 6. Chris Bendon, community development department , told the Commission there was a temporary CO issued on the Braden duplex. They took down a 2 Aspen Planning and Zoning Commission January 20, 1998 structure so it would not need en electrical permit to turn on the snow-melt. They are going through review with staff in order to get the buildings on site. MINUTES Hunt moved to approve the minutes of October 21 and December 30, 1997; seconded by Tygre. All in favor, motion carried. CONDITIONAL USE - Yoga College, 465 N. Mill #9 David Hoefer, assistant city attorney, noted the applicant, Bill Carpenter, has provided an affidavit of notice which is in compliance. The list of property owners has not been provided. Chris Bendon, community development department, said this is a conditional use review for a yoga studio located in the S/C/I district. P & Z is currently working on amendments to the S/C/I zone. The land use code states dance and martial arts studios are both listed as conditional uses. Staff is proposing to change that language to “rehearsal or teaching studio for creative, performing and/or martial arts”. P & Z has not made an official recommendation to Council on any code amendments for the S/C/I zone district. Bendon noted P & Z amendments do not take effect until there is an official recommendation to Council. Bendon said the director has determined that a yoga studio is similar to a dance or martial arts studio. Bendon told the commission there are 3 parking spaces designated for this unit. There could be a demand for more parking. The yoga studio in Basalt averages 7 students per class. Bendon pointed out there is excess parking on the upper level. Bendon included a condition in the approval that additional parking should use the upper portion and parking below can only be used if the applicant has permission from other tenants. Staff recommends approval. Bendon said times of classes are later in the afternoon and off peak for other business located there. Carpenter said there are 3 instructors but only 1 on-site at a time. The instructors also teach in Basalt. Carpenter said they encourage students not to drive to these classes. Staff of the Yoga College direct people to park in the city garage if possible. Garton opened the public hearing. Michael Lipkin told the Commission he has taken classes in Aspen and is very impressed with the college, their operation, the instructors. John Case, also a student in Basalt, reiterated this is a well run business. It is low impact to the area 3 Aspen Planning and Zoning Commission January 20, 1998 in which it is located. Carmen Cobacker told the Commission she has been attending classes in Basalt and is happy to see the classes move to Aspen and she will not have to commute to Basalt. Marsha Goshorn said this business is on the bus line and one block away from the parking garage. Steve Stevens, building tenant, encouraged approval of this business. Stevens said the landlord should do what he can to get students to use the parking garage. Julie Kenner, yoga student, said she will walk or ride her bike to class. This use will be a great addition to Aspen. Dawn Kaelin, yoga student, said she supports this application. Garton closed the public hearing. Hunt moved to approve the conditional use of a yoga studio at 465 N. Mill unit #9, with conditions 1 through 4 from the staff memo of January 20, 1998; seconded by Tygre. Blaich pointed out if P & Z passes this motion before making recommendations on the SCI zone, it will allow the yoga studio to remain immune from a temporary stay. Blaich asked why this cannot be considered along with the SCI zone amendments. Bendon said this is a separate application for a conditional use. The SCI amendments were started by P & Z. David Hoefer, assistant city attorney, told the Commission because of the date of the conditional use application, P & Z has to proceed under current law. All in favor, motion carried. SCI ZONE DISTRICT Chris Bendon, community development department, said this is a continuation of a January 6 public hearing. This is an attempt to bring the SCI zone into greater compliance with its original intent. Bendon suggested the Commission finish the list of uses. When that is finished, the Commission should address the physical dimensions of the SCI. P & Z can then continue the public hearing or make a recommendation to Council. Bendon presented a summary of the proposed uses for the zone district from the last public hearing. Bendon noted he added “detailing” to auto repair and servicing and it went to a permitted use. Sales of clothing and shoes has been eliminated. Photo processing was changed to photo laboratory with no retail. Photography studio was eliminated as it is included under artist studio. Florist was eliminated. Dance studio and martial arts studio was replace by rehearsal or teaching studio or the creative, performing and/or martial arts. There is 4 Aspen Planning and Zoning Commission January 20, 1998 a concern that these uses do not hold public performances. Recycling center was changed from permitted to conditional A tattoo parlor was included as a conditional use. Bendon noted the items the Commission did not have consensus on was rental or clothing and shoes; animal supplies; residential uses, and architect’s studio. Bendon reminded the commission they requested definitions for architecture studio, design studio, veterinary clinic, animal boarding facility, animal grooming, recycling center, brewery, coffee roasting facility. Bendon told the commission definitions are located in a different section of the code and will have to be re-noticed and have a separate public hearing. Steve Stevens asked how list of uses for the SCI was come up with. Bendon said he took the list of permitted and conditional uses and worked with staff on what uses would be appropriate in a service zone. Bendon said the original premise for the zone is to accommodate things that should be in town but not in the commercial core. The zone also has an artistic component. Garton noted the intent of the zone is that the businesses do not generate a lot of traffic and do not pull people into the zone. Stevens said it is curious that animal grooming is considered a service while a beauty parlor is not. Tygre said in the definitions, she feels there is a difference between a workshop and a professional office. The commission has been wrestling with architecture studio, which is an artistic endeavor; however, office is not and should be stricken. Hunt, Garton agreed. (Johnson arrived) Mooney said the SCI zone is not an office nor a retail zone. Mooney suggested some businesses, like the yoga college, have peripheral retail and maybe this can be capped at some percentage, like 10 percent, in the SCI zone. Garton said the Commission is not trying to change this zone but to tighten the zone to the original intent. Mooney suggested what is retail, commercial and industrial be added to the definitions. Garton suggested design studio could be a conditional use and applicants would have to prove they are a studio, not an office. Hunt said an architect with an office and a room for building models fits better in the office zone. Blaich said the businesses currently in the zone and are offering a good service should be allowed to stay in that zone. Tygre said P & Z has been seeing for years that higher priced uses drive the lower price uses further and further out of the town and down the valley. The O, office, zone takes care of offices that provide service to the town. 5 Aspen Planning and Zoning Commission January 20, 1998 Buettow said he would like to protect small local architecture firms that are currently in the SCI zone from larger firms. Buettow said maybe there could be a square foot limitation size or limiting the number of employees. Tygre said the zone was originally conceived to be service/commercial/industrial and the Board made an exception for artists studio, for people who lived and worked in the same space. Starting with this one definition, there has been more and more pressure. Bendon noted that the city code currently limits the size of certain retail operations and this could be done in the SCI zone. The Commission did not have comments on definitions of veterinary clinic, animal boarding facility, animal grooming, recycling center, brewery and coffee roasting facility. Blaich questioned the necessity for definitions of artist’s studio and shop craft industry. Bendon said shop craft industry has been in the code for a long time and artist’s studio is more recent. Shop craft industry can be combined into artist’s studio to help identify the character of the artist’s studio. Garton entered into the record letters from Jim Horowitz, opposing any deed restrictions on his property and that Andrews/McFarlene is unique and the uses should not be altered; from River Studios and Bill Lipsey; from Janet Garwood; John Worcester about non-conforming uses; from Linda Case. Garton opened the public hearing on the definitions. Vince Galluccio, Aspen Repair 414 North Mill, said as the definitions get blurred, more profitable businesses will move into the SCI zone and drive out the service businesses. Galluccio noted there are over 50 architects listed in the phone book. There is only one gas stations, only one TV repair shop, only one auto repair shop. Galluccio said the current zoning is losing the downtown core pushing businesses into the SCI zone and pushing services out of town. Tom McCabe, owner of Aspen Repair Service, said the total area of Aspen is 1809 acres; of that the total commercial zone is 83 acres and of that SCI occupies 8 acres or 9 percent of the total commercial zone. McCabe said the community looked at what they wanted to preserve and located that in the SCI zone. This small 9 percent of the commercial zone is being encroached on by art, artist’s and architects. McCabe said the SCI zone is finite; allowing more and more professionals in that zone, increases the rents and sends businesses the community originally intended to save down the highway. 6 Aspen Planning and Zoning Commission January 20, 1998 Bill Lipsey said there is only one kind of architect in the community; people who design buildings and build models. Lipsey said to craft 2 definitions would cause more problems than it would solve. Lipsey suggested using the word establishment, not office or workshop. Lipsey suggested the Commission not focus on single use zoning. Lipsey suggested zoning the entire town commercial core and letting the market determine. Lipsey noted the Andrews/McFarlin building is condominiumized and many tenants are also owners of the spaces. Lipsey said some of the owners are being threatened by this proposed code amendment. Lipsey suggested the commission consider a separate zone for Andrews/McFarlin to recognize the uniqueness of the residential/tenants/uses/owners. Garton commented the Commission is not rewriting the SCI. Staff was instructed to look into zoning violations in the SCI zone. The Commission is trying to see if such zoning violations exist and if the SCI zone can be protected. Hunt said he is hesitant to incorporate additional uses under the guise of design studio to the SCI zone. Hunt would leave artist’s studio alone, amend architect’s studio and not consider the incorporation of design studio. Hunt agreed with the rest of the definitions, through veterinary clinic. Blaich said he is willing to accept the definitions and decide whether they fit in the SCI under conditional, permitted or not. Tygre said she does not want a definition of design studio because that is the same as an office. Tygre said she would concur with architect’s studio and a tighter definition and eliminate design studio. Richard Klein, architect 465 N. Mill Street, said Aspen is dynamic and is changing all the time. Businesses are the edge of the SCI zone are there because of a need, because of how the city has evolved. The Commission went through the uses of permitted and conditional use. Mooney said artist’s studio is a permitted use and can stay a permitted use; Hunt, Buettow and Tygre said artist studio should be a conditional use. Blaich, Garton and Johnson feel it should be a permitted use. Mooney said if there is an architect’s studio, it should be a conditional use; Hunt, Johnson, Buettow agreed and Tygre agreed to conditional only if “office” is deleted from the definition; Garton agreed. Blaich said it could be a permitted use. Tattoo parlor, everyone agreed with conditional use, not in artist’s studio definition. 7 Aspen Planning and Zoning Commission January 20, 1998 Building materials is a new definition; Mooney said this should be a permitted use without the ”100 of the floor area devoted to retail or customer service use”, that part of the definition does not fit SCI. Tim Fortier, Aspen Tile, told the commission about 90 percent of his floor space is show room space; however, 90 percent of that merchandise is not for sale. Bendon noted the general definition of the SCI zone contains the phrase “20 percent . . . “ The definition of building materials should not be limited to the 20 percent because of the nature of the business. Suzannah Reid said architect’s studio is singled out, yet the board is discussing show room, brewery, lumber yard, all of which are large square footage uses. Reid said she would like P & Z focus on the real issue of the SCI zone and not pick apart each use. Hunt noted building materials has been a permitted use in the zone for years. All on the Commission agreed household appliance, equipment and furniture rental and repair be a permitted use. Electronics, computers and telecommunications equipment, manufacturing - permitted; computer sales - conditional; rental - conditional; repair, servicing - permitted. Autos and motorcycles - sales change from permitted to conditional and rental be conditional; repair, servicing and detailing - permitted; washing facility from permitted to conditional. The Commission agreed to these. Sporting goods - manufacturing, repair and servicing stays permitted and sales and rental be conditional. The commission agreed. Clothing and shoes - manufacturing, repair, alteration and tailoring be permitted and rental be conditional. Commission agreed. Animals - grooming be permitted; supplies be deleted; veterinary clinic be conditional and animal boarding be conditional. Commission agreed with these uses. Typesetting, printing, and publishing - Blaich questioned “publishing” and it should be either define or deleted so that it does not become on-line publishing or computer time rental. The Commission agreed with deleting publishing. Benson said in photo processing laboratory with no retail or customer service area could be a conditional use and work well with artist’s studio. The Commission agreed this can be a conditional use. 8 Aspen Planning and Zoning Commission January 20, 1998 The commission agreed commercial bakery would stay as a permitted use. The definition of commercial bakery states it has no over the counter sales. The Commission agreed shop craft industry and supply would stay a permitted use. Design studio is deleted; architecture studio approved as conditional. Bendon pointed out “consignment sales of second hand clothing” is a new use and is a conditional use. Blaich asked if a consignment store can sell new merchandise. Blaich said if the intent is to lower the retail percentages in the SCI zone, then this use is not legitimate. Garton said this use should not be in the SCI zone at all; the rest of the Commission agreed it could be a conditional use. The Commission agreed laundromat is a conditional use because of the traffic generated. Dry cleaning is a permitted use and staff is recommending it be conditional use because of the traffic generated and environmental concerns. Commission agreed both of these would be conditional. Home occupation is a permitted use in all zone districts. There is a definition in the code. Hoefer said he will supply the commission with this definition and an explanation of the ramifications of this use. The Commission agreed with conditional use for brewery, brewery supply, coffee roasting and coffee roasting supply. Commission reminded staff that florist is to be deleted as a use in the SCI zone. Rehearsal or teaching studio for creative performing and/or martial arts, and movement therapy, not generally receiving the public and with no public performances will be a conditional use. Locksmith, post office, warehousing and storage, service yard are all conditional uses. Accessory buildings and uses is currently a staff decision and will be a permitted use in SCI. Gas station is recommended as conditional use; the Commission agreed. Recycling center - the commission agreed to conditional use. The Commission agreed with deleting “above ground fuel storage tanks” as it is not needed in the zone district. Bendon noted that 2 dwelling units are currently permitted uses and free market dwelling unit accessory to any permitted use other than artist studio is a conditional use. Bendon presented the commission a new definition which would require units be affordable in this zone. These would be studios, 1 or 2-bedroom units restricted 9 Aspen Planning and Zoning Commission January 20, 1998 to categories 1, 2 or 3. Bendon suggested free market units could go through conditional use. Hunt moved to continue the public hearing to February 17, 1998, to discuss the residential uses and square footage limitation in the SCI Zone; seconded by Tygre. All in favor, motion carried. The Commission left the meeting at 8:10 p.m. Transcribed by Kathryn Koch, City Clerk 10 Aspen Planning and Zoning Commission January 20, 1998 TIPPLE TOWNHOMES RESIDENTIAL GMQS SCORING ................................ ................................ ........... 1 COMMISSIONER COMMENTS ................................ ................................ ................................ ....................... 1 MINUTES ................................ ................................ ................................ ................................ ............................. 3 CONDITIONAL USE ................................ ................................ .............. 3 - YOGA COLLEGE, 465 N. MILL #9 SCI ZONE DISTRICT ................................ ................................ ................................ ................................ ......... 4 11