HomeMy WebLinkAboutminutes.apz.20110503 City Planning & Zoning Meeting — Minutes — May 3, 2011
Comments 2
Minutes 2
Conflicts of Interest 2
Aspen Walk — 404 Park Ave and 414 Park Circle — Subdivision, Final PUD,
Growth Management for multifamily replacement 2
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City Planning & Zoning Meeting — Minutes — May 3, 2011
Stan Gibbs called the regular meeting, Tuesday, May 03, 2011 to order at 4:30 at
the Library. Commissioners present were Michael Wampler, Cliff Weiss, Bert
Myrin, Jim DeFrancia, LJ Erspamer, and Stan Gibbs. Staff in attendance: Jim
True, Special Counsel; Jennifer Phelan, Deputy Community Development
Director; Sara Adams, Community Development, Reed Patterson, Municipal City
Clerk.
MINUTES
MOTION: LJErspamer moved to approve the minutes of continuation; seconded
by Mike Wampler. All in favor, APPROVED.
CONTINUED PUBLIC HEARING:
Aspen Walk — 404 Park Ave and 414 Park Circle — Subdivision, Final PUD
Growth Management for multifamily replacement
Stan Gibbs opened the Aspen Walk continued public hearing. Sara Adams stated
that the applicant updated the site plan with 2 options. Staff prepared 2 separate
draft resolutions as requested by the Planning & Zoning Commission to separate
the final reviews that are under the Commission's authority from the
recommendations to City Council.
Sara Adams explained condition 6, the landscape plan, which addressed guest
parking for the project and does not include on street parking spaces; condition 7
landscape plan LA 1.0 recommended with the condition the applicant work with
the Midland Park Association to insure proper shielding between the 2 properties
and the different landscape options are included in the packet for this meeting.
Adams said overall the Planning Department's recommendation is what they have
been saying over the past 4 meetings; they are generally supportive of this project.
The livability of the affordable housing units could be increased with meeting
conditions 3 and 4 and agree that the design of the project should have more one
story elements to better relate to the neighborhood and create a positive pedestrian
experience.
Stan Gibbs asked a clear understanding that we have a building that has affordable
housing in it, multi - family housing; how much affordable housing is going to end
up on the site. Sara Adams replied there will be 17.5 FTEs (full time equivalents)
on site and 11 affordable housing units on the site.
Bert Myrin asked on the landscaping plan was the sidewalk eliminated and there
are trees added on LA1.0. Sara Adams replied in both LA1.0 and 1.1 eliminated
the rear walkway to minimize the impacts on Midland Park. Bert Myrin asked if
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City Planning & Zoning Meeting — Minutes — May 3, 2011
the trees were planted on the property line. Sara Adams responded that the trees
were supposed to be planted on their property and the Parks Department will
review the landscape plan at building permit and provide more comments.
LJ Erspamer asked if a traffic study was done with this project. Sara Adams
replied there was a traffic study submitted with this initial application maybe 10 to
15 pages long including trip generation and talked about existing conditions. LJ
Erspamer said it went into the current traffic conditions and asked when the study
was done. Sara Adams replied yes. Stan Clauson replied the study was done in
2007 as part of the initial application.
Stan Clauson, Stan Clauson Associates, said he was representing the applicant and
introduced Ken O'Brian, architect, and Tom Solomon, applicant representative.
Stan Clauson had a power point and the previous power points including the fly
over. Stan Clauson said the original application requested floor area of 1.56 or
51,000 square feet of construction and there was a reduction to 46,725 square feet
approved by Planning & Zoning 2006. Stan Clauson said the City Council
development approval was set at 40,968 so 9,000 square feet has been cut from the
project and based on that they are moving forward with Landscape Plan LA1.0 that
shows the current plan. Stan Clauson said they have been able to put in a little
more landscaping and the outlet for the garage exhaust has been relocated to above
the roof so they could vent, fan and outflow in an area on the roof away from any
adjacent buildings or open space. Stan Clauson noted the concern for guest
parking so each of the modules within the garage has 2 spaces to be dedicated to
guest and service vehicle parking. Stan Clauson said the roof deck patio shows the
access and is quite a ways away from the Midland Park open space and requested
that this roof deck patio space be considered once again as something that can be
considered an amenity with no impact on the adjacent properties. Stan Clauson
reiterated that the garden level apartments have a lot of glazing and are the same
(free - market and affordable units). The applicant has provided a number of street
facing entrances intended to provide more of a relationship to the street and the
bulk and massing has been broken up.
Stan Clauson stated that there were a few conditions that he wanted P &Z to take a
look at on page 2 of the second resolution 1. was the elimination of the roof top
deck and the roof top deck affords an amenity to the free - market units that will
help finance the project; 2. the relocation of the sub -grade garage ventilation was
done; 3. as you heard in previous testimony the APCHA board did not believe that
adding balconies to the affordable units was a good idea; 4. has been done adding
private patios to the partially sub -grade affordable housing units to increase
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City Planning & Zoning Meeting — Minutes — May 3, 2011
livability; 5. the perceived mass has been broken up by architectural elements; 6.
has been done with the 4 guest parking spaces; 7. Landscape plan LA1.0 has been
recommended. Stan Clauson reviewed the letter from Midland Park Condominium
Association.
Tom Solomon reiterated that the partnership that they have with APCHA is a very
strong benefit to the community and hoped the project move forward.
PUBLIC COMMENTS:
1. Tom Griffiths said that there was an interesting decision to make tonight and
this will forever change the nature of the community. Griffiths opposed the
roof top deck because of noise and parties that they will have no control
over. Midland Park applauded the applicant for moving the ventilation
system and agreed with the developer for eliminating the decks for the
affordable housing component. They would like to add one condition to the
muted lighting in the stairwells and they like the dark skies to see the stars.
2. Jeff Bestic thanked Stan Clauson for addressing some of Midland Park's
concerns and said there was a real workable compromise here. Jeff Bestic
agreed with Tom Griffiths and still had a problem with the roof top deck.
3. Kathryn Hagan said there were no dogs allowed at Midland Park and what
would be their recourse if dogs were allowed and barking.
4. Judy Kolberg said that she realized this was a redesign but if the free - market
building could be made into 2 buildings it would cut up the mass.
5. Mary Ellen Sheridan stated she was an owner at Hunter Creek and the
buildings being replaced were falling down and having those eyesores
replaced would be good.
6. Tom McCabe said he was here for questions.
Stan Clauson said that the stairwells would not have any windows and would be
solid masses.
Jim DeFrancia asked if the roof terrace goes away would the stairwells and the
elevator go away. Ken O'Brian responded they will still need a roof access by
code so they will need at least 1 stairwell.
Cliff Weiss said a stairwell access requires a covered roof but access for work
would not require a covered roof. Ken O'Brian replied they could put in a roof
cover with a ladder below.
Commissioner Comments:
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City Planning & Zoning Meeting — Minutes — May 3, 2011
Jim DeFrancia strongly endorsed the last comment from the public that this was
replacing an eyesore building and because the affordable housing portion that was
being built at no cost and the architecture has been well conceived. Jim DeFrancia
said he had sympathy with removing the roof top deck; roof top decks were not
popular most anywhere; lighting, control of rules on use and there seemed to be
some sentiment previously in this body to not include the roof top deck. Jim
DeFrancia supported the conditions proposed by the staff with the elimination of 3
(balconies) and 5 (one story element).
Michael Wampler wouldn't be opposed to not allow dogs. Jennifer Phelan said
there were rules in the City and the HOA should have that decision for dogs or not.
Cliff Weiss said that he is still not for the roof top deck; he liked the landscape plan
and didn't need any more one story elements. Cliff Weiss said that he still was not
comfortable with the parking so he referred to the memo with 17 affordable
housing spaces and this was his problem that the City does not want on street
parking and there are still 12 spaces allocated to 14 free- market units for people
that are not here full time which doesn't make sense to him. Cliff Weiss said it
wouldn't take much for the visitors and service people to take up the 4 spaces; this
project has to accommodate itself. Cliff Weiss said that he was not thrilled with
mass and scale but you have come a long way and design wise it is seemingly less
intense. Cliff Weiss said that his last comment was dogs and Centennial allows
them and Hunter Creek does not so it is up to HOAs.
LJ Erspamer said that we talk about the parking and snow problems and promised
not to take away the 12 spaces and there is a parking resolution on this street that is
need and the applicant is not doing it but the neighborhood should. LJ Erspamer
said if the parking is an issue it is not your fault because the community has not
identified it. LJ Erspamer said it is big in mass and scale and this is where we are
setting the trap or it is a public private partnership and he didn't know how to make
it any different; you have to make this work but seems like a big building up to the
sidewalk and looks large in a neighborhood that has things set back a little bit. LJ
Erspamer stated the parking thing is an issue for him and doesn't believe in
recommending to City Council he believed in memorializing issues and the deck
(roof top) is one that is not in character in the neighborhood with noise and fire pit
and the ladder with roof cover if memorialized would help.
MOTION: Jim DeFrancia moved to make a motion to approve Resolution #8,
series of 2011 and is 6 pages in length with the section that delete condition #3 and
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City Planning & Zoning Meeting — Minutes — May 3, 2011
#5; seconded by Bert Myrin. Roll Call vote: Myrin, no; Weiss, yes; DeFrancia,
yes; Erspamer no; Wampler, yes; Gibbs, yes. APPROVED 4 -2
Discussion by the Commissions prior to the vote on Resolution #8:
Cliff Weiss said number 6 basically passes the buck and says not to include off
street parking and if we are making a recommendation that this move forward to
Council then we say the Landscape Plan LA1.0 is inadequate or make a more
specific recommendation. Stan Clauson said he understands your concern but
there is more parking provided on site and the land use code provides for a certain
number of parking spaces per unit; the provision for the way those parking spaces
are used is not really provided for and has been up to those Homeowners
Associations but there is more parking provided on site with the ratio of units in
the neighborhood. Stan Clauson said the HOA will have to deal with these issues.
Stan Gibbs asked Cliff if he wanted to make an amendment to the motion. Cliff
Weiss wanted to know the logic and on page 2 it stated there were 14 dedicated
spaces instead of 12 and he recommended 7 and the other 5 would go to the
affordable housing and visitors or service. Cliff Weiss was concerned with 13
spaces and it was code to have 1 per unit. Stan Gibbs asked how he would change
that. Cliff Weiss replied instead of 12 undedicated spaces for free - market there
would be 7 and the other 5 would be used for visitor, guest, service and some
additional affordable housing.
MOTION: Jim DeFrancia moved to approve Resolution #009, series 2011 as
presented by staff, Bert Myrin seconded. Roll call: Myrin, no; Weiss, yes;
DeFrancia, yes; Erspamer, no; Wampler, yes; Gibbs, yes. APPROVED 4 -2.
MOTION: Cliff Weiss amended the motion to include instead of 12 free- market
parking spaces there would be 7 and the other 5 spaces would be used for visitor,
service and affordable housing parking; seconded by Mike Wampler. The vote was
3 -3, NO ACTION.
Continued discussion by the Commission:
Cliff Weiss suggested the language be more specific; there will be 2 HOAs not 1;
affordable housing HOA and a free - market HOA. Cliff Weiss asked what makes
you think that there will be any level of cooperation unless we spell it out rules
here and that Council approves. Cliff Weiss stated the parking as laid out here
specially doesn't work and wanted Council to know #6 doesn't give that guidance.
MOTION: Bert Myrin moved to amend the resolution by adding to restudy the
allocation of the parking spaces with less to the free market and more to the
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City Planning & Zoning Meeting — Minutes — May 3, 2011
affordable housing and the free- market landscaping all fits within the Aspen Walk
property; no second. Motion dies for lack of second.
Bert Myrin said he thought the applicant proposed that the stairwells will not have
any windows and will not expose any light to the Midland property and the free -
market building will be pulled back along the Midland Park side as in LA1.0 and
all fits within the Aspen Walk property. You can see here the mass and scale are
so massive that you can't even landscape on the property itself as needed to
accommodate that. Cliff Weiss asked where did Bert see property that is not past.
Bert Myrin said the property line is right here and this hangs over and this hangs
over. Stan Gibbs said when you define planting you define planting as being on
the property, the truth is but the canopy overhangs. Bert Myrin said the canopies
are hanging over using their neighbor's property. Jim DeFrancia noted it was
permissible to have a canopy hang over. Bert Myrin said it was permissible but it
was in a way using your neighbor's property.
LJ Erspamer stated that recommendations don't fly and he wanted something more
firm and wanted to change the wording on #6 to say the Planning & Zoning
Commission requires the following during final PUD and Subdivision Review.
Sara Adams said it was a recommendation to City Council. Jim DeFrancia replied
that P &Z can't require.
Adjourned at 7pm.
cAs I
kie Lothian, Deputy City Clerk
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