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HomeMy WebLinkAboutagenda.apz.20120703 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, July 3, 2012 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 601 E. Hyman Ave. , Conceptual Commercial Design VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: P1 MEMORANDUM TO: Planning and Zoning Commission FROM: Sara Nadolny, Planning Technician THRU: Jennifer Phelan, Deputy Community Development Director 4¢ DATE OF MEMO: June 28, 2012 MEETING DATE: July 3, 2012 ti RE: 601 E. Hyman Ave — Conceptual Commercial Design Review SPECIAL NOTE: At the initial hearing (June 19, 2012), Planning and Zoning Commission members voted to continue the hearing to July 3, 2012 to have the opportunity to more fully discuss and comment on the applicant's plans for the demolition and redevelopment of the building at 601 E. Hyman Ave. Specifically, concerns were raised regarding the quantity and quality of the public amenity space as proposed on-site, the size and access of the trash/recycling area, the second and third story massing of the building, the removal of two large spruce trees at the property's S. Hunter St. facade, and the space necessary for healthy street trees on the parcel. Staff has met with the Applicant on June 20th and June 22' to , discuss the design issues related to public amenity space, the trash/recycling enclosure area, the building's second and third story massing, and the planting of street trees and on-site tree removal. Staff suggests the following items be considered by Planning and Zoning Commission for points of discussion with the Applicant at the July 3' hearing. o Public Amenity Space. As initially proposed, Staff was not in support of the public amenity space due to its design not meeting the intent of a public amenity space. In summary, Staff found the proposed public amenity space to be insufficient as a space for public gathering, found that it did not enhance, the pedestrian environment by its extension of the existing sidewalk and increasing the setback of the ground level retail along Hyman Ave., and found that the space could better serve the public with the addition of seating.. The Applicant had initially proposed to meet the full 13% that currently exists on the property with a mixture of methods, which includes an on-site reduction from 13% to 3.2%, with a cash-in-lieu payment for the remaining 9.8%. The Applicant worked with 1 • P2 Staff to address the concerns of Staff and members of the Planning and Zoning • Commission, and now proposes the following: o Reduction in the setback for the majority of the building from 6' to 5' along the Hyman Ave façade. This is intended to strengthen the street wall, to address the concern that the ground level retail was too far recessed beneath the second and third story canopy, and increase the opportunity for pedestrian engagement with the proposed ground floor commercial spaces. o Addition of public seating along the Hyman Ave façade. o Increased setback of the eastern stair tower along the Hyman Ave façade to 4' from the property line, which had formerly created a pinch point in the expanded pedestrian walkway. The setback at this point in the building's facade allows a more natural flow of pedestrian activity. ' o Enhancement of the pedestrian environment with landscaping, street trees and a green wall adjacent to the building's residential entrance. Staff finds these revisions to be an improvement to the proposed public amenity space; however, Staff continues to question whether the intent of the public amenity requirement is being met. Per the Commercial, Lodging and Historic District Design Objectives and • Guidelines for the Commercial Character Area, "Public amenity space along the primary street frontage should be an accent within, and exception to, an otherwise well defined street façade." A further design objective dictates a public amenity space to be a public gathering space. The proposal could promote these objectives of creating a vibrant public gathering space on the corner. The two-story massing on the corner is appreciated as one of the more favorable elements of the design. However, providing on-site public amenity could grant some visual relief and some utility to the retail space. If additional public amenity space is to be provided, Staff recommends it be on the corner and of sufficient size to support the multiple uses. N Staff is of mixed opinion on this topic, and recommends that the Planning and Zoning Commission consider the following topics. o Given the approved and existing massing of buildings in the area, is there more opportunity for a successful public amenity space on the Hunter St. façade? o Does the 5' setback that is created by the location of the public amenity space on Hyman Ave have a potentially negative effect on ground level retail? Staff feels these are issues that must be examined fully prior to any final decision being made regarding the public amenity space. ® Trash/Recycling Enclosure Area. The Applicant and Community.Development staff have met separately with Environmental Health Dept staff to discuss the Applicant's 2 P3 originally planned trash/recycling enclosure for the new development. Environmental Health staff relayed concerns that the proposed area was too small to accommodate the needs of the entire three-story building and its intended uses, and that the access to this area of the building was insufficient due to its small doorway which requires sanitation crews to remove the garbage containers to the alley behind the adjacent parcel. Environmental Health Staff proposed that the Applicant provide more space for bins and cardboard collection to accommodate all four recycling commodities and a trash container, to provide the largest door possible for easy removal of the bins by the sanitation department, and to provide an overall larger space to allow for future growth and the addition of more bins as needed. In light of these concerns, the Applicant has reconsidered the trash/recycling enclosure area. The Applicant now 'proposes a larger trash/recycling enclosure that will accommodate four 96-gallon containers designated for trash, co-mingled recycling, newspaper/magazines and office paper. A two-yard container has also been incorporated for cardboard recycling. The area's entryway door from S. Hunter St. has been widened and removed to accommodate better access and ease of container removal. The trash area is recessed within this space approximately 10' to minimize interface with the building's stairway users, and is protected by an overhead door. These revisions satisfy • the concerns revised by Environmental Health Staff In response to chapter 26.575.060, Utility/trash/recycle service areas, of the Land Use Code, the Applicant has also modified the plans to include a fence that will screen the transformer from street view. Staff recognizes that due to the lack of direct alley adjacency, there are no formal • conditions that must be met within the Land Use Code regarding the dimensions of the trash/recycling area. However, the Applicant has been responsive to these concerns, and Staff finds these revisions to be appropriate to support the success of the building. © Building Massing. Staff had voiced concerns about the original proposal regarding the building's massing of the second and third story elements, and their projection over the first story. The Applicant has proposed a reduction in the first floor setback from six feet to five feet, which does slightly lessen the recessed area of the first floor commercial space, bringing it into closer proximity to the pedestrian walkway. Staff does view the setback variation between floors as providing some visual interest. This helps to break down the massing into distinct modules. Also, the setback of the eastern stair tower on the Hyman Ave. façade does serve to lessen the intensity of the massing along the building's second module. Staff finds that this stair tower module may further benefit from a more intentional height break between 3 P4 • this area and the second module. This may be achieved by a greater variation in height between the two modules, which may help in balancing the massing between the first and third modules of the building. Some study of the stair tower location may provide greater flexibility in massing. Staff continues to be concerned with the canopied area that is created by the second and third story cantilevered over the first story. This cantilevered area could create a dark and recessed space that may negatively impact any retail that will move into the ground floor by removing them further from the existing walkway and hiding them in a dark space. Staff recommends that the Planning and Zoning Commission further examine the possibility of lessening the overhang, to reduce this potential, while still allowing for variation between the floor levels. With some minor modification to the overhang, Staff can support the building's massing. © Tree Removal. The Applicant has contacted Parks Dept staff to discuss the placement and type of street trees at the property's edge and the intended removal of two spruce trees on the S. Hunter St. façade. Per the Municipal Code, Tree Removal Permits, chapter 13.20, an approved tree permit will be required prior to the removal of any tree on the property. Parks is requiring the tree permit be acquired prior to the issuance of any building permit. Mitigation for all removals will be met through cash-in-lieu payment or as on-site planting, per Municipal Code, Tree Removal Permits,' chapter 13.20. Furthermore, the Parks Dept will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Staff is satisfied with this aspect of the proposal. RECOMMENDATION: Community Development Department staff recommends that the Planning and Zoning Commission approve request for Commercial Design Review, after considering the following questions: 1. Is the public amenity meeting the intent as proposed? a. Given the approved and existing massing of buildings in the area, is there more opportunity for a successful public amenity space on the Hunter St. façade? b. Does the 5' setback that is created by the location of the public amenity space on Hyman Ave have a potentially negative effect on ground level retail? 2. Examine the canopied area beneath the second/third story element. a. Is the recessed retail level a concern? b. Should the overhang be reduced? 3. Should there be more definition between the building's second and third modules? 4 P5 RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to recommend approval for the request, they may use this motion "I move to make a recommendation to approve the request for the commercial design review for 601 E. Hyman St." ATTACHMENTS: (New in Bold) Exhibit A - Commercial Design - Review Criteria Exhibit B - Design Objectives - Review Criteria Exhibit C - Conceptual Review Design Guidelines - Review Criteria Exhibit D - Addendum to Application - drawings and elevations Exhibit E - Email memo from Ashley Cantrell, Environmental Sustainability Coordinator Exhibit F - Memorandum from Brian Flynn, Parks Department Exhibit G - Affidavit of Public Outreach 5 P6 THE MEMO OF JUNE 19TH IS PROVIDED BELOW FOR REFERENCE APPLICANT/OWNER: STAFF RECOMMENDATION: Victorian Square, LLC Staff recommends that the Planning and Zoning Commission require the application for Conceptual REPRESENTATIVE: Commercial Design Review be amended and the Stan Clauson, Stan Clauson hearing continued to a future date. Associates and Sarah Broughton, Rowland & Broughton Architecture SUMMARY: and Urban Design The Applicant requests of the Planning and Zoning Commission to approve the application for Conceptual LOCATION: Commercial Design Review for the demolition and Victorian Square Condominiums, redevelopment of the existing building located at 601 commonly known as 601 E. Hyman E. Hyman Avenue. Street, City and Townsite of Aspen CURRENT ZONING & USE 6 " �a'! The existing building is located in the 164 • Commercial (C-1) zone district. '44'' - Currently there is commercial use on `. this site s t , n•. / WSW 914P-1A •, - :_-- PROPOSED LAND USE: The Applicant is proposing to t4-- : }a - 1 -6= demolish the existing 6,292 square "" ._.. foot Victorian Square building and ' " replace it with an 8,630 square foot mixed use building, containing retail Figure A: Photo image of the subject property and commercial office space and one free market residential unit. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Conceptual Commercial Design Review — Commercial Character Area pursuant to Land Use Code Chapter 26.412, Commercial Design Review. An application for Commercial Design Review requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or disapprove of the Commercial Design Review. 6 P7 BACKGROUND: 601 E. Hyman Ave is a two-story building currently used as commercial office space. The applicant proposes to demolish the existing 6,292 gross square foot building and replace it with a 8,630 gross square foot mixed-use building, with 5,487 square feet of commercial net leasable space, to be divided between ground floor retail and second floor office space, and a 1,986 square foot free market third floor residential unit. cok r fir Ar fJ r -hilt + !l;8r ..../A-Fir - .--......,-.,,,v f-- , - , , --- - --,-- If tfil 7. ! ' it "41�r/' 'lift_l J--. I` ,'' ,� ,-Y.!' `BIRO l'',,'-t.:,, ^._ i ' r :4 - ce. ° !' r : .. �, a i , Y t ' it A " � ' � Figure B: Vicinity map To redevelop this property the applicant shall meet the policies of the Commercial, Lodging and Historic District Design Objectives and Guidelines. The City adopted the guidelines to provide visual continuity and assist developers in respecting the context of the built form in Aspen by promoting interconnected circulation, public spaces, and creating a vibrant street edge with appropriately scaled buildings. Existing Conditions The total lot size is 4,500 sf. A two-story commercial use building currently exists on the property, with a gross square footage of 6,292 sf and a commercial net leasable area of 5,487 sf. A 595 sf public amenity open space exists on the property. There is no on-site parking provided. The Proposed Redevelopment The applicant proposes to completely demolish the existing building and replace it with an 8,630 gross square foot mixed-use building. The new development will contain a basement space (net leasable/livable to be determined before final review), 2,538 sf of first story commercial retail space, 2,949 sf of second story commercial office space, and 1,986 sf of 7 P8 third story residential space. The proposed public amenity space will decrease to 146 sf, or 3.2% of the property. There is no on-site parking proposed for this development. p5"L.1''� h 111 _I 0 e pPt 9 ', e r ICfI . ea , rr,• Figure C: Applicant's proposed image of new development, Figure D: Applicant's proposed image of new E. Hyman Ave facade, northern facade development, eastern facade Staff finds the proposed ratio of commercial to residential to be in compliance with the Land Use Code, as the total free-market residential unit is not greater than the total above-grade floor area of proposed commercial space. The proposed multi-family residential dwelling unit will be no greater than the allowed 2,000 square feet of net livable area, or a ratio of .5:1. The proposed commercial floor area for the property is 1.42:1 (1.5:1 is permitted). STAFF COMMENTS CONCEPTUAL COMMERCIAL DESIGN REVIEW: This application is required to undergo review under the Commercial Design Standards as the standards apply to all commercial, lodging, and mixed use development containing a commercial component within the City of Aspen. The property is located in the Commercial Character Area of the Commercial, Lodging and Historic District Design Objectives and Guidelines. The purpose of design within the Commercial Area is to create a vibrant, connected pedestrian system that contains attractive public spaces, and buildings that provide a well-defined street edge with height and variation that is appropriate for the pedestrian scale. When presented with a project of this nature, Staff uses seven key design objectives to evaluate the project. These include: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. 2. Maintain a retail orientation. 3. Promote creative, contemporary design. 4. Encourage a well-defined street wall. 8 P9 5. Reflect the variety in building heights seen traditionally. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. 7. Promote variety in the street level experience. Conceptual review requires an examination of the placement of the building on the site, the mass of the building, and the building's relationship to streets, alley, and public spaces, whereas Final review will deal with the appearance of and materials used for the construction of the building. The proposed project has been examined using the Conceptual Review Design Guideline topics below. Staff's review of the application has yielded the following recommendations: 1. Remove the public amenity space from Hyman Ave and the eastern property line. Combine and relocate to Hunter St. Include a seating area. 2. Bring the building to the E. Hyman Ave sidewalk edge. 3. Break up the massing of the building by recessing the third floor element. 4. Bring the ground floor retail space out from under the recessed canopy. 5. More clearly define the building's three distinct modules. 6. Revisit the size and access of the trash/recycling enclosure area. Street & Alley System: The street pattern in the Commercial Area is viewed as essential infrastructure. The enhancement of public walkways, alleyways, and public spaces are favored, and improved access opportunities that create additional commercial spaces are encouraged. Development is expected to orient a primary entrance towards the street and maintain the established town grid. The proposed project does not have alley access, nor does it suggest the creation of through court walkways. The proposal does, however, plan for a primary entrance for the second and third floor uses on E. Hyman Ave. Public entrances are planned for the ground floor retail units on both Hunter St and E. Hyman Ave. The proposed development will maintain the established town grid. Parking: The character of the Commercial Area depends largely on the pedestrian experience, with its human-scaled street walls, public spaces, and walkways. The visual impact of parking is to be minimized to the extent possible. The applicant proposes no off-street parking for this project. The C-1 zone district does not require on-site parking for the proposed residential unit. The existing building does not provide off-street parking for any of the commercial units. Currently no increase in commercial net-leasable space is proposed, and therefore does not trigger the requirement for the provision of any additional parking. Public Amenity Space: On-site accessible public amenity space is a priority and a favored characteristic of the Commercial Area. Public amenity space should accent a well-defined 9 P 1 0 street façade, and should be carefully designed to serve as a vibrant public gathering space whenever possible. Access to sunlight year-round is desired in the design and location of these spaces on a property. Furthermore, public amenity spaces, whenever possible, should be at street level, open to the sky, be paved or landscaped, and contain street furniture, public area or a historical/interpretive marker. The applicant has proposed a significant reduction in public amenity space as compared to the existing development, from 595 sf (13%) to 146 sf(3.2%). The applicant requests the option to mitigate this reduction by way of cash-in-lieu payment. As proposed, the public amenity space will consist of a widened walkway with specially treated pavement and areas of landscaping along E. Hyman Ave, as noted in Figure E below. The applicant is considering the possibility of adding a piece of art to this area to compliment the adjacent Aspen Art Museum and continue pedestrian interest on this block. The applicant has also proposed the possibility of adding historical markers indicating the original historical occupancy of the property to the special pavement treatment. These spaces are proposed at grade, open to the sky, and directly accessible to the public. < I .'s f,s .ri„ :s a,/Y• 0 ,. , , . ,, i t it a' .,_,N ...,/-earn ix , r, 54-ff / j c_ 1. �, 1.4' c ,,, L. :yai:,i ri ''z.{3Y�' #3t Y?k;n :c 71. `C`L .. ...{ ; ti' Proposed'public amenity spaces [ 1 111'0 Al °,�, ti 1 a ‘: _I on ,, ( t-" 1 i I mum: I 1 f H��uu! . . 1 k s '11111'11111 .u_' - huff Figure E: Applicant's proposed public amenity space, as outlined in red. As proposed, the public amenity does not meet the goal of accommodating public gatherings and enhancing the street vitality. The proposed space duplicates an already existing public amenity, the sidewalk, and is not designed for any type of gathering. Furthermore, the spaces create a setback across the entire E. Hyman Ave façade, thereby weakening the street wall. According to the Design Guidelines, setbacks for open space should remain as an accent within the street facade; in this case, the entire façade is set back to accommodate these areas of open 10 P11 space. The proposed ground floor retail windows should abut the sidewalk, increasing the opportunities for pedestrian engagement. Staff proposes that the public amenity space be moved to Hunter St, where there is increased year-round solar access, southern views of Aspen Mountain, and greater existing pedestrian vitality due in part to the adjacent businesses and gondola plaza to the south. The applicant should bring more purpose to the public amenity space and create an area for gathering that will contribute to a successful pedestrian environment within the Commercial Area. Staff recommends the addition of a public seating area, as opposed to a piece of art, to create a more usable space. Staff further questions the decrease in the public amenity space. The current development provides 13% public amenity space, whereas the proposal provides only 3.2%. According to the Land Use Code 25% of the developable parcel shall be provided as public amenity. For redevelopment of parcels on which less than 25% currently exists, the existing percentage shall be maintained. However, this may be reduced to 10% with approval of the Planning and Zoning Commission, should it be found that the project makes a positive contribution to the pedestrian environment. The Applicant may utilize a combination of methods to satisfy the requirement of meeting the existing 13% public amenity space. The options are 1) to provide the public amenity space fully on-site, 2) to provide a cash-in-lieu payment, with the approval of the Planning and Zoning Commission, 3) to provide off-site public amenity space, with the approval of the Planning and Zoning Commission, 4) some approved combination of the three aforementioned methods. The Applicant has proposed to provide a 3.2% (146 sf) on-site public amenity, and to provide cash-in-lieu payment for the remaining 9.8%. However, based on the proposed public amenity space, Staff does not feel that the criterion for reduction has been met. Building Placement: Defining the street block is an important element in urban design. Buildings, particularly those on corners, should strengthen and define the building wall at the street edge, with facades parallel to the street and little variation in setbacks. Corner buildings act as anchors within the street block. Primary entrances should be oriented to the street. The town grid should be maintained. For this application, the E. Hyman facade is set back approximately six feet to accommodate the public amenity space. This weakens the defined street wall, particularly as this is a corner building that should help in defining the presence of the street block. This setback detracts from the pedestrian experience by moving the ground level windows away from the sidewalk. The proposed development does orient the primary entrance towards E. Hyman Ave., with additional secondary entrances for the ground floor retail proposed on both E. Hyman Ave. and Hunter St. Furthermore, it maintains the City of Aspen town grid. However, Staff finds the building should be brought to the E. Hyman Ave. sidewalk. Staff also finds the trash/recycling enclosure area to be inadequate to meet the needs of the proposed building. According to Section 26.575.060 of the Land Use Code, a building with no alley access is not required to meet any of the typical trash area requirements. However, a 11 P12 review of the proposed plans by Environmental Health Staff has indicated there is a lack of space and usability in the area as proposed, which has the potential to lead to congestion and odor issues, and will limit the building's ability to reduce waste through recycling. Staff recommends the Applicant revisit the design plan for this area in light of the recommendations as outlined in attached Exhibit E, the email from Ashley Cantrell, Environmental Sustainability Coordinator. Building Height, Mass & Scale: The range and variety of building heights play an important role in the character of the Commercial Area, varying from one to four stories depending on the proximity to the mountain base. Maintaining the human scale as well as the architectural character is essential to the Commercial Area, and any new development is expected to continue this variation, as well as to remain sensitive to the adjacent historic Commercial Core zone district. The newly proposed development does compliment the character of the adjacent historic district in a number of ways. The proposal seeks to continue the vitality of the Commercial Core historic district by increasing retail and commercial units in this neighborhood. It provides ground level display windows for pedestrians, although without the traditional facade elements found throughout the historic district. The building is proposed at a height that is at least two feet less than the neighboring Muse building on E. Hyman Ave, and taller than its neighbor on Hunter St. The building is designed with height variation by maintaining a second story level on the corner of Hunter St and E. Hyman Ave, and then stepping up to a three story level for the remainder of the building. 38' 35' ti 11 -.M4Mito I l- ! i : A l . n ii ®un ; 1 II Nit.I UUU III ..Iis iii n g aril UHL. il ■11*, , ii.f wept i :..„ : ,.. , ... 1 -k 4- e kl:.,••11 Figure F: Height variation between building's modules, and 3' difference between Muse building. The proposed building is divided into three modules, which typically serve to break up the perceived mass of a larger building; however, the module on the corner of Hunter St and E. Hyman Ave and the middle module run together with the shared board form concrete material, creating a lack of definition between the two. Also, the third module, while echoing the materials from the first, seems quite small and out of proportion with the rest of the building. Although the proposed building does maintain a distinction between the street level and upper level floors, the second and third stories are designed with such a mass as to detract from a 12 P13 comfortable pedestrian environment, creating a top heavy building that projects out toward the sidewalk. Furthermore the canopy that is created over the first story on the E. Hyman facade by the upper stories' mass creates a recessed area that will push back the first story retail from the sidewalk and create a less welcoming pedestrian environment. Staff recommends the applicant explore the possibility of a break between the second and third floors, slightly recessing the third floor to break up the massing of the building. Elli I_■Ii 1i� Figure G: Cantilevered second = 111;1 I I' -1.1 I I:I I I I II!I l i � and third stories cr eate a recessed C ;I i I � I 1! �I 1 � 1 1 � 41 I I first story retail space. Staff I I I i I ,p recommends eliminating this it gyp, 0 ill !hi; IL1 Upper I I 1I LII heavy canopy to create better floor ! 111111 balance a overhan g ' I �I j I1 environment. I Ili 1 11111l! 11; 11 i`I lil!i'! MIN 1 II��i r 1, 1111 , -MAL ReRIPIVOR- UTIJIY TIVIWCRIM. Lastly, the glass elements of the E. Hyman Ave facade extend past the 36' that is proposed in the application. Should the applicant wish to maintain this design element, approval will need to be given by the Planning and Zoning Commission at Final Commercial Design Review. Figure H: Third story glass facade elements extend past the 36' allowable height for this zone district. Applicant must request and receive approval from Planning & Zoning Commission to allow an extension to no more than 40'. � c (i 13 P14 RESOLUTION NO._, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONCEPTUAL COMMERCIAL DESIGN FOR VICTORIAN SQUARE CONDOMINIUMS, COMMONLY DESCRIBED AS 601 E. HYMAN AVE, CITY OF ASPEN,PITKIN COUNTY, COLORADO Parcel ID: 2737-182-250-31, 2737-182-250-28, 2737-182-250-30, 2737-182-258-01, 2737-182-250-27, 2737-182-250-32, 2737-182-250-33,2737-182-250-29 WHEREAS, the Community Development Department received an application from the Victorian Square, LLC (Applicant), represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Commercial for Mixed Use development at Victorian Square; and, WHEREAS, pursuant to Section 26.412 of the Land Use Code, commercial design review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, during a regular meeting on June 19, 2012, and a continued public hearing on July 3rd, 2012, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended approval of the conceptual commercial design with the findings and conditions listed hereinafter; and, WHEREAS, Conceptual Commercial Design Review approval shall only grant the applicant the ability to submit a Final Design Review application and the proposed development is further subject to GMQS Allotment and Subdivision pursuant to the Municipal Code. WHEREAS, the Commission fords that the development review standards for Conceptual Commercial Design Review have been met, as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approve the Conceptual Commercial Design Review,pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, for the Victorian Square building, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: 1. The Final Commercial Design Review application shall reflect and demonstrate compliance with the findings of the Commission. 2. The Final Commercial Design Review application shall include: a. An application for Final Commercial Design Review and the proposed development is further subject to Final Commercial Design Review, GMQS Allotment and Page 1 of 4 P15 Subdivision. A pre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions of the development. c. A proposed subdivision plat. 3. Approval of the Conceptual Commercial Design does not preclude meeting other requirements of the Municipal Code, such as Engineering and Parks standards. Drawings illustrating the Conceptual Commercial Design Review are attached as exhibits to this Resolution. Section 2: Public Amenity Space The approved public amenity space shall comprise a total of 13%, with 146 sf(3.2%) of the total requirement on-site, and the remaining 449 sf(9.8%) provided by way of cash-in-lieu payment. Planning and Zoning Commission is providing recommendation to City Council for approval of the cash-in-lieu payment. City Council, upon recommendation from the Planning and Zoning Commission, may accept cash-in-lieu payment for any portion of required public amenity space not provided on-site. Section 3: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Section 4: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28 and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to Building Permit issuance. This major project is subject to the fee in lieu requirement of Section 2.12.140 of the Aspen Municipal Code. Section 5: Parks Landscaping in the public right-of-way will be subject to landscaping in the right-of-way requirement, Chapter 21.20, of the Municipal Code. There shall be no plantings within the City right-of-way which are not approved by the City Parks and Engineering departments. Per Municipal Code 13.20, an approved tree permit will be required prior to any tree removal or development within the drip line of the tree. All tree permits must be approved prior to approval of building permits. Parks will approve the final landscape plan during the review of the tree removal permit based on landscape estimates. Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International. Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Page2of4 P16 Section 7: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, 'which are on file at the District office. Section 9: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 10: Engineering All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee-shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Section 12: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM/Air Quality fee pursuant to Chapter 26.610,Impact Fees. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a Building Permit. Section 13: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause,phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Page 3 of 4 P17 APPROVED by the Planning and Zoning Commission at its regular meeting on July 3, 2012. • LJ Erspamer,Chairman APPROVED AS TO FORM: Deb Quinn,Assistant City Attorney ATTEST: Jackie Lothian,Deputy City Clerk Attachment: . Exhibit 1—Site.Plan Exhibit 2-Elevations Page 4 of 4 P18 Exhibit A Commercial Design Review Sec. 26.412.050.Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Response: The proposed development fails to meet the requirements of Section 26.412.060 of the Land Use Code. The Applicant's proposal for public amenity space does not meet the standard, which is to provide a well-designed public place that will contribute to a vibrant atmosphere, encourage pedestrian activity, and act as a public gathering space. Staff feels the space, as proposed, does not meet the intent of a public amenity. Staff feels that the Hunter St.façade may serve as a more suitable area for the public amenity, where a courtyard could serve as a gathering place rather than piecing up the public amenity into smaller slices. Furthermore, the Applicant is proposing to decrease the amount of on-site public amenity space, currently 13% or 595 sf, and to replace it with 3.2% or 146 sf of on-site public amenity space and provide cash-in-lieu payment for the remaining 9.8%. Staff does not support the request for a decrease in on-site public amenity space as currently designed The Applicant intends to comply with Section 26.412.070: Suggested Design Element, which will be more fully developed during the final commercial design review phase of the development process. Stafffinds the criterion to not be met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the façade of the building may be required to comply with this Section. Staff Response: The Applicant has proposed to demolish the existing building and redevelop the property with a new mixed-use building that will include commercial, office and residential. Stafffinds this criterion to be not applicable. L P19 C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive;there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Staff Response: The proposed development is submitted to the Planning and Zoning Commission for Conceptual Commercial Design Review. Staff finds the following guidelines to not be met: m 1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Area. O 1.18 Maintain the alignment offacades at the sidewalk's edge. ® 1.24 Height variation should be achieved using one or more of the following: o Vary the building height in accordance with traditional lot width. o Set back the upper floor to vary the building façade profile(s) and the roof forms across the width and depth of the buildings. o Vary the façade (or parapet) heights at the front. o Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Staff finds the criterion not to be met. Sec. 26.412.060.Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. .Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission,.as applicable, according to the procedures herein and according to the following standards: 2 P20 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants • and uses. ■ Staff Response: The size of the public amenity space proposed for this project is 146 sf, and is to be located on the E. Hyman Ave facade of the development as well as on the project's easternmost property line (between this property and the Muse building). The requirement according to the Land Use Code is to allow for 25% of the developable parcel to be used as public amenity space, but in cases of redevelopment where less than 25% is existing, the same amount must be replaced. This may be reduced to no less than 10% with approval of the Planning and Zoning Commission, which in this case would be equal to 450 sf. Currently the public amenity space on the property is 13%, and the Applicant proposes an on-site reduction to 3.2%and to provide cash-in-lieu payment for the remaining 9.8%. Staff feels the public amenity, as proposed, would not sufficiently allow for a variety of uses and activities to occur. The intent of a successful public amenity space is to accommodate public gatherings and enhance street vitality. The Applicant's proposed location and size cannot accommodate a variety of uses and activities, thereby enhancing the neighborhood's vitality. Stafffinds this criterion not to be met. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. Staff Response: The proposed public amenity space will result in the widening of the sidewalk with granite cobblestone pavers, a green wall, street trees, public art, public seating, and landscaped areas along E. Hyman Ave. This public amenity space is proposed at grade to the adjacent right-of-way, open to the sky, and directly accessible to the public. Staff has mixed views regarding the public amenity space at its current location, and feels consideration should be made to examine the practicality of this space on the Hunter St façade, where a larger space could accommodate public gatherings, tables and seating, where there is better year-round sun exposure as compared to the shady north façade of E. Hyman Ave, views of Aspen Mountain to the south, and more street vitality due to neighboring businesses.. Stafffinds this criterion not to be met. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. Staff Response: The public amenity, as proposed, has the potential for underutilization. The five foot setback on Hyman Ave created by the location of the public amenity will weaken the street wall on the longest side of the development, and will lessen the potential for interaction between pedestrians and the proposed ground floor retail windows. Pedestrian interaction with the ground level retail would be better enhanced if the building were less set back from the existing pedestrian walkway. Also, the 3 P21 cantilevered second and third story elements creates a dark recessed five foot area over the newly proposed enhanced walkway that removes the pedestrian from direct contact with the ground floor windows. Stafffinds the criterion not to be met. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. Staff Response: The proposed amenity duplicates the current pedestrian space created by the existing sidewalks. The proposed widening of the pedestrian walkway on the development's E. Hyman Ave facade creates a five foot setback of the new building from the sidewalk, thereby removing the ground floor retail windows from the immediate walkway and detracting from the pedestrian environment. Also, plans for the new Aspen Art Museum depict a pedestrian bulb-out, which will serve to anchor the corner of E. Hyman Ave and S. Spring St to the east. The proposed amenity for this project may better serve the public if it were to also act as an anchor for the corner of Hunter St and E. Hyman Ave. Stafffinds the criterion not to be met. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F.,promotes the purpose of the public amenity requirements. Staff Response: The proposed public amenity space will not deviate from the design and operational standards for public amenity, Subsection 26.575.030.F. Staff finds the criterion to be met. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. Staff Response: The proposed development does not have alley access, and therefore utility/trash/recycling services cannot be accommodated in this preferred manner. The Applicant has worked with the City's Environmental Health Dept and has proposed a space within the development that is expected to adequately meet the needs of the three- story mixed-use building. The space will separate the trash/recycling area from a staircase to the basement by way of an overhead door, and will allow for four 96-gallon containers to be used for trash, co-mingled recycling, newspapers/magazines and office paper. The area will also accommodate a 2-yard container for cardboard recycling. As per chapter 26.575.060 (1) of the Land Use Code, a fence has been included to screen this area from street view. • 4 P22 Stafffinds the criterion to be met. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Staff Response: The proposed development does not have alley access. An existing electrical service transformer will be retained on the property in its approximate current location. Any additional utility service pedestals are proposed to be located on private property, requiring no encroachments. Stafffinds the criterion to be met. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Staff Response: The proposed development does not have alley access. The proposal does not contain a truck loading facility. Stafffinds this criterion to be non-applicable. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. Staff Response: The Applicant proposes all mechanical exhaust to be vented through the roof and located as far away from the street as practical. The proposed project does not include plans for a garage. Stafffinds the criterion to be met. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord.No. 13, 2007, §1) Staff Response: Mechanical ventilation equipment and ducting will be accommodated internally within the building and located on the roof It will be minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. The proposed development will reserve adequate space for future ventilation and ducting needs. Staff finds the criterion to be met. 5 P23 Exhibit B Design Objectives: These are key,design objectives for the Commercial Area. The City must find that any new work will help to meet them: 1. Strengthen the sense of relatedness with the Commercial Core Historic District.. Staff Response: While not located within the Commercial Core Historic District, the proposed development borders this district, and care must be taken to ensure a relationship is maintained with this neighboring district. This project does so by the creation of retail and commercial spaces, and the provision of large, ground level display window's. The proposed building implements height variation between modules, stepping from two-stories to three-stories. The design provides a positive pedestrian experience, with proposed landscaping,'street trees, a green wall, and an increased walkway. Staff believes this project produces a positive relationship between the districts, as the retail and commercial component will increase the pedestrian liveliness throughout the area with a vibrant and interesting environment,further complimented by the new Aspen -Art Museum. Staff finds the criterion to be met. 2. Maintain a retail orientation. Staff Response: The proposed development is planned with first and second story net leasable commercial space. The first floor is proposed with 2,342 sf net leasable and second floors with 2,794 sf net leasable commercial space, for a total of 5,136 sf net leasable commercial space. Staff finds this criterion to be met. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. Staff Response: The building's design conveys a sense of human scale and depicts variation in building height, which will add interest and vitality to the area. The texture and detail of the building's façade and use of fenestration creates an interesting design that is contemporary and distinct. Variation in the building's roof height from the first to the second module reflects traditional lot widths. A traditional street level retail frontage is enhanced by large windows with the intent of engaging the pedestrian, and individual retail street level entrances have been proposed. The building is proposed to maintain the traditional grid pattern as well as the stature of traditional street level first floor 6 P24 J height. The primary entrance has been oriented toward E. Hyman Ave. Staff finds this criterion to be met. 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall, but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street façade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. Staff Response: As proposed the development will have a well-defined street wall along S. Hunter St, with the building meeting the pedestrian walkway. The Applicant proposes a public amenity space on S. Hyman Ave that will set the building away from the sidewalk on this side and create a less defined street wall. Staff proposes the consideration of the removal of the public amenity space and relocation to Hunter St, which experiences a greater amount of solar gain and where there are views of Aspen Mountain to the south. Staff further recommends considering the creation of a lesser setback along the building's Hyman Ave façade to assist with the creation of a more defined street wall. The project will demonstrate variety with the differing levels of height and architectural elements. The project will provide street trees and a landscaped public amenity space, which will be defined by an engaging pavement treatment. Staff finds this criterion to not be met. 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future developments. Larger buildings should be varied in height and reflect original lot widths. Staff Response: The Applicant proposes variation in building heights and the design features significant façade elements. Staff finds this criterion to be met. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. Staff Response: The Applicant proposes a 146 square foot space as a public amenity. This space will include landscaping; a green wall, street trees, two seating areas, a piece of public art, and a widened walkway that will be accentuated with cobblestone pavers. The revised plans call for the setback of the building on S. Hyman Ave by five feet to 7 P25 accommodate this amenity. Staff feels the building would have greater street presence if it were abutting moved closer to the sidewalk on the S. Hyman Ave side with a greater sense of corner definition. Stafffinds this criterion not to be met. 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Staff Response: The Applicant proposes variety in the project's street level experience with enhanced landscaping and street trees. 'Proposed is an expanded pedestrian walkway with pavement variation, a landscaped pedestrian amenity with an outdoor art piece, and first story windows that will add transparency and add to the street level experience. Stafffinds this criterion to be met. 8 P26 Exhibit C Conceptual Review Design Guidelines 1. Street& Alley System Staff Response: The proposed building has clearly defined street-oriented primary entrances for the residential and second floor office uses, which are located on Hyman Ave. Secondary public entrances to ground floor commercial retail spaces are planned for both Hunter St and Hyman Ave. The proposed development does not have alley access, therefore the development of an alley façade is not possible. The proposed development maintains the established town grid. A public walkway is proposed to be widened along Hyman Ave to enhance the pedestrian experience. Stafffinds the following criteria to be met: 1.1 Orient a primary entrance toward the street. 1.2 Maintain the established town grid in all projects. Stafffinds the following criteria to be not applicable: 1.3 Public Walkways and through courts should be designed to create access to additional commercial space 1.4 Develop an alley façade to create visual interest. 2. Parking Staff Response: The Applicant proposes no parking structure or on-street parking for this project. The existing development does not have parking, therefore no reductions are proposed with this application. There is no on-site parking requirement for the proposed residential unit within the C-1 zone district. The Applicant proposes to provide a cash-in-lieu payment, which is permitted,for any parking that is required for the planned increase in commercial net leasable space. Stafffinds the following criteria to be not applicable: 1.5 The visual impacts of structured parking should be minimized. 1.6 Structured parking should be placed within a `wrap' of commercial and/or residential uses. 3. Public Amenity Space Staff Response: The Applicant has proposed a 146 square foot, or 3.2%, public amenity space to be located abutting the public sidewalk and,extending along a portion of the Hyman Ave façade. The existing public amenity space is 595 square feet, or 13%of the parcel. Although the Land Use Code requires that 25% of the parcel be designated as public amenity space, an existing deficit is allowed to be maintained in the instance of a building's redevelopment. The Applicant proposes to meet the existing 13% public amenity requirement by utilizing multiple 9 P27 methods. The Applicant proposes to provide 146 sf, or 3.2%, of the public amenity on-site. The remaining 449 sf, or 9.8%, will be provided through a cash-in-lieu payment. The public amenity space is proposed as a widened sidewalk, decorated with granite cobblestone pavers, bench seating, street trees, a green wall, and landscaped to the buildings edge. The space will be open to the sky, level with the current sidewalk and directly accessible to the public. The Applicant is proposing a piece of public art to compliment the adjacent Aspen Art Museum. property. Staff recommends an examination of the location of this public amenity requirement. Staff feels Hunter Street may potentially serve as a more appropriate location for,the public amenity space, as it receives more sunlight, is a more defined active pedestrian corridor, and has views to the south of Aspen Mountain. Staff further recommends the Applicant consider the provision of outdoor seating that may compliment the adjacent businesses. Staff feels the public amenity space should serve a greater purpose than just meeting the minimum requirements of the Code; it should serve as a functional space for folks to gather, and enhance the vitality of the street. Stafffinds the following criteria to be met: 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. 1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building.orientations. Staff finds the following criteria not to be met: 1.18 Maintain the alignment of facades at the sidewalk's edge. Stafffinds the following criteria to be not applicable: 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street&Alleyway System and Public Amenity Space guidelines. 4. Building Placement Staff Response: The Hunter St façade is aligned at the sidewalk's edge; however the Hyman Ave façade is recessed due to the introduction of public amenity space at this location. Staff recommends considering relocating the public amenity space to Hunter St and moving the building to meet the Hyman Ave sidewalk edge, thereby situating the proposed ground level retail adjacent to the public right-of-way. This would serve to create a more obvious and accessible retail corridor to passers-by, and prevent underutilized or empty spaces on this property. The public amenity space on Hunter St would receive more year-round solar gain, and will afford users views to the south of Aspen Mountain. Another consideration is to reduce the setback of the first story element along the Hyman Ave façade to lessen the depth and darkness that is created by second and third story cantilevered elements. 10 P28 • Primary entrances for the commercial and residential units are proposed on the Hyman Ave façade, and entrances for the ground floor retail spaces will be found on both Hyman Ave and Hunter St. The proposed building is parallel to the lot lines and oriented to the street. 5. Building Height,Mass&Scale Staff Response: The proposed project is situated on three traditional lot widths, using only half of the traditional lot depth. The Applicant is proposing the building as meeting the 36'maximum allowable height of the C-1 zone district. However, the glass elements that are attached at the Hyman Ave facade_rise above the 36'maximum allowable height. The Code allows the increase in height in the C-1 zone district to 40' through commercial design review. Should the glass elements remain as part of the exterior design, additional review would be required by the Planning and Zoning Commission to approve the additional height desired. The minimum floor to ceiling height of 9' is maintained on the second and third floor levels, while a 10'floor to ceiling height is found in the basement and first floor levels. Variation in facade height will be achieved as the Lot 2 —Mixed Use (Muse) building that was approved as part of the Aspen Art Museum project will be built at a height of 38', three feet greater than this proposed project. However, the Applicant is proposing a series of glass architectural ornaments attached to the building's outer facade,which will extend past the building's proposed 35' parapet. The Applicant will need to request from the Planning and Zoning Commission a height variance to allow these ornamental features at the Final Commercial Design Review. ■ The second story contains a canopy element that creates a dark recessed area for the proposed retail spaces on the first floor. Staff recommends removal of the canopy element. Staff further recommends the third floor element of the second building module be slightly recessed in order to break up the massing of the building, and create a softer, less imposing street wall. The Applicant should more clearly articulate the three modules of the building, suggesting a break in the mass by use of materials and facade variation. Staff finds the following criteria to be met: 1.22 Building façade height shall be varied from the facade of adjacent buildings of the same number of stories by a minimum of two feet. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. 1.25 On sites comprising more than two traditional lot widths, the facade height shall be varied to reflect traditional lot width. Staff finds the following criteria not to be met: 1.24 Height variation should be achieved using one or more of the following: o Vary the building height in accordance with traditional lot width. o Set back the upper floor to vary the building façade profile(s) and the roof forms across the width and depth of the buildings. o Vary the facade (or parapet) heights at the front. o Step' down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Sara Nadolny From: Ashley Cantrell Sent: Thursday, June 14, 2012 11:46 AM To: Sara Nadolny Subject: Comments on 601 E Hyman Sara, • After reviewing the plans for the 601 E. Hyman development, I would like to submit comments for consideration regarding the trash and recycling area.The building is not adjacent to an alleyway, and is therefore, not required to meet any of the trash area requirements from section 26.575.060 of the City of Aspen code.However, the Environmental Health Department feels that the proposed trash area is not adequate for the use and size of the development and the usability and future growth are not considered in the current plan.The lack of space and usability will lead to future congestion and smell issues in the trash enclosure, and will limit the building's ability to reduce waste through recycling. - ' The space is only large enough to house 3, 96 gallon toters.A single retail store requires use of 1 toter for trash daily, and access to 1 comingled container recycling bin and at least 1 recycling bin for office paper and other paper products weekly. Cardboard can be stacked behind bins for recycling, however a 2-3 yard container is recommended in order to efficiently recycle cardboard and prevent cardboard from become a tripping hazard. If a restaurant or other food service establishment were to occupy any of the retail space, a separate 2 yard trash bin and 4 recycle bins, at the minimum,would be required to-collect the waste from that establishment.The current plan does not allow for the expansion of trash and recycling services and the Environmental Health Department does not feel the current plan includes adequate space for a building of this type. . - Using only 96 gallon containers instead of a metal 2-4 yard trash bin decreases the capacity of the recycling area and greatly limits possibility for future growth of the recycling program.The current plan does not allow for a metal 2-4 yard container to be used now or in the future. - Access is also an issue for users of the bins and for the trash company.The waste hauling company will be required to enter the space through a standard size door and roll the heavy toters onto the sidewalk and then onto the street to the waiting trash truck.The Environmental Health department recommends the applicant contact the local waste hauling companies to confirm that this type of waste removal will be possible. Overall,the Environmental Health Department suggests the applicant reconsider the trash and recycle area and consider making the area more accessible from the street and allow space for a variety of different types of bins. Ashley Cantrell Environmental Sustainability Coordinator City of Aspen Environmental Health Department 130 South Galena Street Aspen, CO 81611 Office-(970)429-1798 Taking Action Today for a Greener Tomorrow www.AspenZGreen.com Sign up for the free monthly ZGreen newsletter here. • • 1 • 4gf4 l0 8« F P30 Gi Memorandum Date: June 25, 2012 To: Sara Nadolny, City of Aspen Planning From: Brian Flynn, Parks Department Re: Victorian Square, 601 E Hyman Landscaping within the Public Right of Way: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20.There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. For planting specifications within the streetscape,please refer to www.aspenpitkin.com on the Natural Resource page/tree care/right of way planting scenario 2. The applicant has suggested, and Parks supports, using Silva Cell technology for the sub-grade structure for the plantings and sidewalk. Parks supports using the same tree grates as those approved for the Muse building located next door. Parks also supports the suggested street tree species,maple and ash,but requires that the trees be grouped with like species. Parks supports the suggested variety of maple Acerx freemanii Celebration. Irrigation is required and the landscape plans should indentify irrigation source and design. Tree Permit: Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of building permits. If a permit is necessary, contact the Parks Department at 920-5120 or download the permit at www.aspenpitkin.com on the Natural Resource page, click on the 2012 tree permit tab. Mitigation for removals will be paid cash in lieu or as an on-site planting per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 1 • • 7 1 Ey i '�- C1 , i . o bo Q P31 . 5 t� STAN CLAUSON ASSOCIATES INC \�`�\\,� - landscape architecture. planning. resort design �,``. 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f•970/920-1628 !4 " �;" info@scaplanning.com www.scaplanning.com - 18May2011 Ms. Sara Nadolny, Planner Tech City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 601 East Hyman / Research of Mineral Estate Owners Dear Sara: On behalf of our clients, Victorian Square, LLC,and in connection with the application for Conceptual Design Review for the properties located at 601 East-Hyman,we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least thirty (30) days prior to the date of the public hearing. Stan Clauson Associates, Inc has researched the existence of mining claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the "Public Records") using the Title Policy issued by Pitkin County title, Inc., Policy Number 1312- 120156, issued to Victorian Square, LLC. A review of the Public Records does not generate any record of deeds relating to mining claims or possession deeds. This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. V-ry-truly • rs, Signed before me this 18th day of May, �! 2012 by Stan Clauson. WITNESS MY HAND AND OFFICIAL SEAL an Clauson, AICP, ASLA MY COMMISSION EXPIRES: / t-- . 1.. c./---) STAN CLAUSON ASSOCIATES, INC. :mot- c- c . P..." mot--- �7 Cc: Andy Hecht, Esq. Notary Public - Notary Public's Signature S. T.7 \‘11 A_ �10TAR!' : °I, —• — itl'9I Op.. ` P� My Corn nission Expires 07/23/2012 • m . z w LU 1111, L.— . TI2'2- - ol ,,,, :1g Er, o <7, F, 2 z •- Cn 1/4 \ ' 171.-- ,,, d.,, 04 CJ 2 C•J c.i Z co LU 2 0 Li, Ce z CD. 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