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HomeMy WebLinkAboutminutes.apz.19710923 ...... RECORD OF PROCEEDINGS 100 Leaves FOIIM 10 C. F, HOECKE~ 8. H. tl L. CD. Adjourned Meeting Aspen Planning & Zoning Commission September 23,71 Members present were Goodhard, Collins, Molny Jordan and Breasted. Also present Herb Bartel, City/County Planner, and Bob Sterling, representing the applicant, Joe Zoline. Chairman Molny reconvened the meeting at 4:00 p.m. Bartel went over the points of last Tuesday's meeting concerning the proposed Zoline annexation. Jim Adams telephoned to say that he felt the north parcel should remain A/F. He added that he could see no way that the City can purchase the open space land in the future. Molny explained to Sterling that the Commission hesitated to recommend R-30 for the north portion without a pun plan because in future years the sense of the intention of the present Commission for development of the property might be lost. Breasted said he would like to tie down development plans for the north. Sterling said that his client did not want to develop the land at this time, but he wanted to get it zoned so that he could avoid going through the red tape of rezoning in the future. Sterling added that if a gift to the City of the open space was required as a condition of annexation, the land would in fact be commandeered. He said his client wouldn't "go for" giving the land to the City, as such, but that he might consider donating if he approves of the use to which it will be put. Sterling said that the question is one of who is giving the most concessions; the whole idea is to make a better use of the land. His client could, he said, put up 40 duplexes, but that he had chosen to cooperate and adopt a pun plan. Some con- cessions must be made, he said, to "keep his client in the game." Molny said, that as he saw it, development would put a price on the open space, if the owner chooses to donate he can use this as a tax write off. On the other hand, if it is a condition of zoning, he loses his write off. The owner, Molny said, wants nonintensive use of that open space. Collins remarked that such non intensive use of the open space would enhance the value of the land. Breasted said that perhaps the City and the applicant could agree on a use for the land. Molny didn't feel the City should commit itself. Adams arrived. Bartel said if the north portion were made R-30 there would have to be some kind of careful notification that a pun plan was to be approved before development could proceed. RECORD OF PROCEEDINGS 100 Leaves ~OIU' 11 C. F. HOECKEL B. 8. 1\ L. CO. Kdjourned Meeting, Aspen P & Z, 9/23/7l Molny said that Zoline's desire not to go through the procedure the second time is unfair to the City. Sterling stated that Zoline had said that if he didn't get R-30 on both parcels he would "go to the County." Molny said that the City can ignore such threats; that the free labor of the Commission members on the project far exceeds the applicant's expenses. All we are asking is a normal application, he said. He added that zoning increased the price of land, and if the land should be sold, perhaps the new owner could not afford to leave it empty; the commission would be under great pressure. Sterling said that his client did not intend to use the land. Molny asked that, if he doesn't plan to do anything with the land why does he want R-30? Molny asked for comments. Goodhard said that he was bothered by lOO acres that could be sold tomorrow. Collns said that in other cities lands are dedicated to the city opon annexation. Sterling said that in some cases there is a justification; what the City wants if a free ticket for a golf course. Bartel answered that the City has no capability for land acquisition, but that open space needs exist and they should be a cost of development; streets and open space are both costs of development. Sterling said that if Zoline were asked to give the land he would tell the City to go straight to hell, but that the City might usefully come up with a tactful way to approach him. Molny asked if the land could be used for golf. Sterling thought it could not. Breasted commented that the City is doubling density on the land. PUD involves specific plans, he said, and there is no specific plan for the north portion; therefore it should come in A/F. Zoline should look at the advantages of being in the City, he added. Bartel said that the applicant must be permitted a tax advantage. Molny asked what would happen if American Cement, ABC and Stein all ask for pun R-30. -2- ~- RECORD OF PROCEEDINGS 100 Leaves FOlrM!O C.F.HOECKELB.B.&l.CO. Adjourned Meeting, Aspen P & 3, 9/23/7l Jordan said that he felt the City should take a serious look at the open space in the south portion as a golf course and express this to Zoline. He suggested that the City might ask that at least as much open space be a part of the north parcel on a percentage basis. Collins wondered if the applicant would consider a master plan for the entire l87 acres; 80 acres as open space and the total density on the north acerage. Adams said the history of the application was that Zoline didn't want to consider bringing in the north lOO acres; someone mentiond R-40 for the northm and Zoline liked the idea. He added that we should try to keep the north"in the box" until we can see what the impact is; let it come in A/F. Molny said that if the City has no use for the open space it might better be left in Zoline's ownership and save the cost of maintenance. He noted that the City does not have money to acquire or to build a golf course. He suggested that the Commission might go along with the south part and take its chances on gifting options. He said he would rather see the north~developed and the south in open space. He proposed a carefully worded letter to Zoline to that effect. Bartel said that although we must anticipate Zoline's re- action, we cannot base our recommendation on that, and that it is not the responsibility of the Commission to submit a proposal to the applicant but rather to make a recommen- dation. Molny suggested R-30 pun for the south and A/F for the north. Collins asked if the commission could make a recommendation that the entire parcel come in R-30 pun with open space contained in the south portion, limiting development to the north. Bartel said that that would mean that the Commission was rejecting what had been submitted and must state reasons for rejection. Owl Creek Road would have to be paved, he added, before the development could start. Molny said the 'reason' would be: approach to a recreation community, but he wondered if the Commission was too far down the road to turn back. Rezoning A/F is inconsequential when it goes along with pun, he said. On the other hand, he said, we are faced with duplex subdivisions being permitted by present zoning. Adams stated that the Commission must pull together a recommendation for the Council. He felt that it is un- realistic to use the open space for a golf course because of the ravine. Collins said he didn't agree, and that access can be gained across the ravine. -3- RECORD OF PROCEEDINGS 100 Leaves FO""\O C.F.HOECKE\.B.B.tl l.-. CO. Aqurned Meeting, Aspen P & Z, 9/Z3/7l Adams commented that there isn't going to be any money for many years, but if the City had the land it would be there and it would belong to the City. Molny asked the members how they would like tp procede with the recommendation to Council so that someone could put it into a motion. Bartel said that in doing so the considerations he saw were as follows. Number one; the Council must act on the PUD regulation. Secondly.,he said, he saw zoning in two steps; for the north lOO acres either the applicant should not be required to prepare a PUD plan at this time and come in A/F or come in R-30 with a pun contract. The first alternative is best, he said, because there is no demonstrated need for R-30 zoning at this time, and the second alternative is not based on sound planning princ- iples. Finallys, if there is a use for open space, the City should not have to purchase it, but the applicant should not have to give it at this time and that uses to which open space could be put must be determined. Molny asked about the home owners association and if their interest didn't preclude donation to the City; shouldn't Zoline be asked to reserve the right of donation. Adams made a motion to recommend approval of the Zoline annexation petition subject to the following recommen- dations and additions: l. The City shall have adopted the pending PUD regulation as an amendment to Title XI, and also that the proposed A/F District be adopted by the Council; Z. The south parcel be zoned R-30 pun with density not to exceed l80 units; 3. The north parcel be zoned A/F, and in this context the Planning Commission draws the Council's attention to the following except from the Aspen Area General Plan which bears directly upon the application: "In the matter of timing, land presently controlled for low intensity of use by zoning may be retained that character, even though a higher intensity use is recommend- ed in the plan. It is the duty of the planning commission to determine at what point in time a particular section of land should be rezoned for intensive urban use; using the guidelines contained in other portions of this report to aid in the decision making process." 4. The City shall not, as part of the annexation petition, be required to purchase the open space as in- dicated on the development plan; a) Open space is a requirement of development, it is not incumbent upon the City to purchase same; b) The categories of use for the open space area should be agreed upon prior to the annexation; 5. An easement l5' wide for a bicycle path in the ZOO' set back shall be dedicated to the City by the -4- RECORD OF PROCEEDINGS 100 Leaves fOlllMIO C.F.1l0ECKELB.B.tlL.CO. Adjourned Meeting, Aspen P & Z, 9/23/7l applicant upon request of the City Council. Breasted seconded the motion. Molny said that he wished Zoline would be required to reserve the right to gift the open space to the City. Bartel remarked that once the plan is approved, value for tax right off will be very different and the price may be less once the land is frozen to an open space use. There might be an advantage, he said, for Zoline to give the land to the City now. Molny asked if the Commission thought there should be an amendment to the motion to require that the value of the land be established prior to annexation. Goodhard felt that the motion should be left as it is; that the recDmmendation for the City to negotiate was covered in the motion. Collins moved to amend the motion to include the recommendation that the applicant make a donation of the open space land at the City's option prior to annexation. Seconded by Adams. Roll call vote on the motion - Goodhard aye; Collins aye; Molny aye; Adams aye; Jordan aye; Breasted aye. Roll call vote on the amendment - Goodhard aye; Collins aye; Molny aye; Adams aye; Jordan aye; Breasted aye. Adams moved to adjourn the meeting, Collins seconded. Meeting adjourned at 6:30 p.m. &nvr--J ~ Donna Baer