HomeMy WebLinkAboutminutes.apz.20120619 Regular City Planning & Zoning Meeting — Minutes June 19, 2012
Comments 2
Minutes 2
Conflicts of Interest 2
602 E Hyman Ave Conceptual Commercial Design 2
601 E Hyman Ave Conceptual Commercial Design 7
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Regular City Planning & Zoning Meeting — Minutes June 19, 2012
LJ Erspamer opened the regular meeting of the Planning and Zoning Commission
in Sister Cities Meeting Room at 4:30. Commissioners present were Keith Goode,
Bert Myrin, Stan Gibbs, Jim DeFrancia, Ryan Walterscheid and LJ Erspamer.
Jasmine Tygre and Cliff Weiss were not in attendance. Staff in attendance were:
Debbie Quinn, Assistant City Attorney; Jennifer Phelan, Deputy Community
Development Director; Jessica Garrow, Sara Nadolny, Community Development;
Jackie Lothian, Deputy City Clerk.
Comments
Bert Myrin wanted everything submitted electronically and this past time we just
had everything but the application books submitted electronically. Jennifer replied
that as soon as we get Council going with a smooth format then the P&Z and other
Boards would be able to have a smooth transition. Jennifer said the clerks have
hired an outside purveyor. LJ said that he also would follow up.
LJ talked about the ARC passes. Jennifer said they were looking into it and.need
something to available to members so it hasn't been forgotten.
Jennifer said that the Hospital wanted to invite Planning & Zoning to a tour of the
facility,and asked for any interest in that and what scheduling was necessary.
Jennifer said it would be a 90 minute walking tour. Bert asked if they could join
the Council tour.
Minutes
MOTION: Bert Myrin moved to approve the minutes of June 5th seconded by
Keith Goode. All in favor APPROVED.
Conflicts of Interest
Ryan Walterscheid stated that he was conflicted on 602 East Hyman. LJ Erspamer
said that he property managed a unit in the building next door but the city attorney
thought it was okay but if the applicant asked him to leave he would leave. Sunny
Vann stated that he would like to have him stay.
Bert and Stan said they did not walk by the site and Keith, Jim and LJ did walk by
for an informal site visit to both properties.
Public Hearing:
602 E Hyman Ave Conceptual Commercial Design
LJ Erspamer opened the public hearing for 602 East Hyman Avenue. LJ asked for
legal notice and Debbie Quinn asked the applicant if the sign was up the entire
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Regular City Planning & Zoning Meeting — Minutes.June 19, 2012
time from the 31St day of May 2012 until today, the public hearing. Sunny Vann,
the applicant representative, replied that it was.
Jessica Garrow said this was a public hearing for the redevelopment and addition at
602 East Hyman sometimes referred to the Ellie Burman Building. The new
owner David Hunt received permission from the previous owner Taylor
Investments for Conceptual Design Review, Special Review for the
trash/utility/recycle area and addition to the building. Sunny Vann is the
applicant's representative and Dylan Johns and Jeff from Zone 4 Architecture are
present. Staff recommends in favor of the requests with conditions.
Jessica utilized power point showing the front page photograph from the memo, as
well as the photographs from page 4, 5, 6 and the applicant attachments A300 to
PAS2 included in Exhibit G. Jessica said that the existing building was a 2 story
building with a full basement and approximately 20 to 21 feet in height. The
current floor area of the building is about 5,100 square feet; there is 4,548 square
feet of commercial leasable space (located on the basement 15t and 2nd floors) and a
legally established free market residential unit just over 1500 square feet as well as
a bandit unit. The bandit unit will at some point in the past years was converted
from commercial space to a livable dwelling unit and it will be addressed with
Growth Management Review. The parcel has some substantially large trees and
the applicant is working with the Park Department to preserve the trees on site.
There is a substandard trash area located on the alley currently as well as 6 parking
spaces off the alley.
Jessica said currently there is 17% of the parcel that qualifies as public amenity
space and some existing roof overhangs on the Hunter and Hyman sides; on the
Hyman side the roof hangs into the right-of way by about 4 feet and on the Hunter
side it over hangs by a few inches. There is a view plane that crosses this property
from the Courthouse and it crosses most of this property with the exception of the
northeast corner but it crosses at a height limit that is higher than the building
about 45 to 50 feet so it doesn't restrict the property in any way.
Jessica said the new total floor area would be 8, 818 square feet; 2,409 of that
would be net livable space. The required amount of public amenity space is 25%
however if it is part of a redevelopment to maintain any deficient as long as you
don't have any less than 10% and they currently have 17% on site and they are
increasing that to 24%; staff is supportive of this. There is the elimination of some
second floor decks. Jessica from power-point (page 4 of the memo) said you could
see the existing and proposed public amenity. There is a significant grade change
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Regular City Planning & Zoning Meeting—Minutes June 19,2012
on this site where the actual parcel sits and the actual right-of-way. The street is
down and stairs are along Hyman and Hunter that lead up into this sidewalk and
there are some stairs that go up into the actual parcel from the side walk.
Jessica said there were some unique constraints with the large trees that the city
and applicant want to preserve on the site and,there was not much to do with
changing the grade of the sidewalk which will come before you at final and
subdivision review to figure out how to make ADA accessibility to this site
without really impacting the way this building sits. There are significant setbacks
shown on page 5 of the memo. The existing overhang on Hyman will be removed
and replaced with what they are calling "shadowboxes" taking advantage of the
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elimination of the vestibule and create an interesting design element and because
they are using the existing building they have come up with a creative way of the
design of the building and glazing. The 3rd floor is setback approximately 30 feet
from the property line. Staff was concerned about the plate height of the 3rd floor;
it meets all of the design guidelines but there final design guidelines that talk about
maintaining the statue of the 1st floor as opposed to the 3rd story and staff has asked
the applicant when coming back to final to look at those 3rd floor plate heights.
The resolution includes the condition of the new portion of the building relate to
the redevelopment of the building.
The second part of the review is the trash/utility/recycle area. Staff would like to
see the small wall at the recycle area removed because it will help ensure proper
access to the recycling bins and trash and is incorporated into the resolution. There
were a few changes to the resolution to add a date to the 3rd WHEREAS and add
the applicant amended the application on June 13, 2012 for the June 19th Planning
& Zoning Hearing and on Section 1 on B and D to eliminate The Subdivision and.
Bert Myrin said that on page 15 #3 there was mention of elevator shaft in the
building. Jessica said it was referencing an internal elevator and there was an
elevator that goes out to the alley so folks in that area can access that elevator.
Bert talked about the trees dying and being replaced with a parking spaces and how
they go about preventing that. Jessica replied at final the resolution could address
that with the Parks Department.
Stan Gibbs asked if in the big rectangle was the dumpster that gets taken out and
loaded into the waste trucks. Stan said that TDRs were 250 square feet. Jessica
replied TDRs are different where you land tem; on a single family home it is 250
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Regular City Planning & Zoning Meeting—Minutes June 19, 2012
square feet and within one of the commercial zone districts is worth 500 square
feet of net livable area; doesn't increase the size of the box but what is in the box.
LJ asked about the size of a setback on the roof for a railing. Jessica answered the
setback is required to be the same as the height of the fence or railing. Jessica said
with this applicant there is a significant setback on the Hyman side but there is
potential with the roof but that will come back at final with the plan. LJ asked if
the trash met the DRC requirement. Jessica replied that they did. LJ asked if they
could be a deck on a shadowbox. Jessica said that this would be reviewed at final.
Sunny Vann stated that he represented the applicant and they closed today. Sunny
said this project was about half of the allowable floor area, wants to maintain the
existing building and alley, the commercial spaces will be retained. Sunny said
that the trash was the only special review because the code conflicts with the new
part of the building that goes to the rear of the property line and calls for a 20 by 10
trash area but he doesn't understand why they have to apply by the building rules
for a new building. Sunny said if you are familiar with parking in the alley it is
double loaded and there were 6 spaces and they will lose one for the trash; this
building was built in the 1960s and the code requirements have changed since then.
There needs to be better pedestrian accesses to the rear of the building as well as
the trash/recycle area. Sunny said in the CC or C-1 zone district there is no
residential requirement for parking and the parking requirement for commercial
uses can be met by the owner's discretion so the 2 spaces are lost and asked if we
need to pay cash-in-lieu for those.
Dylan Johns, Zone 4 Architects, said that Jessica did a great job with the
presentation and presented a slide show showing.the initial ground floor of the site
plan and basement, with the exception of mechanical, is net leasable space. Dylan
showed the l St floor net leasable space was held by Chaffin/Light and office space
for support. The 2nd floor was the residential space with the entrance on the Hunter
side of the building and there were stairs on the north side of the building outside.
Dylan said they were planning a fairly straight forward roof with skylights and he
showed the elevation of the building. Dylan said that they anticipated that the
lower level of the building would be net leasable with the exception of the
mechanical portion; they have expanded the mechanical rooms and brought in
some circulation along with an elevation for accessibility. Dylan showed the
revised 2nd and 3rd level plans but hasn't gotten too far into this; the deck
configuration may change a bit. They are going to try and keep as much of the
existing structure as possible and they are going to need to add some additional
structure and mechanical equipment into the building and anticipate the current
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Regular City Planning & Zoning Meeting— Minutes June 19, 2012
roof needing to get thicker to accommodate the 3rd floor and the majority of that
ceiling height is at 10 feet and only at the kitchen and living area has an increase
higher, so they were not taking a 12 foot ceiling all they across. Dylan said that
they did not want to lose those trees. Dylan said most of the Design Guidelines
will recommend changing the cladding for an addition onto an existing building;
we thought we would take a wood element.
Keith Goode asked if there were any slides without the trees looking at that 3rd
story. Dylan showed the Hunter Street elevation and the Hyman elevation.
Stan asked the setback from the 2nd to the 3rd floor. Dylan said the biggest
restriction is the trees hanging over onto the building and the setback is 5 to 6 feet.
Stan asked the reason that wall has to be that deep. Dylan replied that the general
parameters with 3rd floors was to set them back and there was the consideration of
the tree.
LJ asked where the cash-in-lieu parking money goes. Jessica replied that it goes
into a parking fund and the number of parking spaces is addressed in subdivision.
PUBLIC COMMENTS:
1. Harris Kahn, public, stated that he owned the building behind this one; he
said with one small exception he liked what they were doing. Harris had one
concern for the patio for the cheese shop and would like to discuss this with
Sunny and Dylan. Harris would like the new third floor setback a little more
from the alley.
2. Jim Scull, public, stated that he worked for the Taylor family since 1968
until today when the building was sold. Jim spoke about the trees.
LJ closed the public portion of the hearing.
Sunny said Mr. Kahn's comments would be about talking with staff and whether
we can move it forward with building materials and color.
Jim DeFrancia said he agreed with Sunny that there was not much that could be
done with moving the top floor because it was to address another concern and was
in an alley way. Jim said they didn't know what would happen across the alley.
Jim said that he didn't have a problem with the project as presented.
LJ asked if those were stilts holding up that 3rd floor. Dylan replied yes. Sunny
said that those were the things that they talked about with staff but they haven't
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Regular City Planning & Zoning Meeting — Minutes June 19, 2012
gotten to that much detail. LJ asked how far was the overhang from the main
building. Jessica said the 3rd floor setback was really necessary for Hyman
Avenue.
Bert said on page 3 the last sentence of the 1st paragraph was excellent. Bert
supported staff concerns on A306. Bert wanted to see some kind of plan for the
lifecycle of these trees to be replaced with whatever should be clear. Bert said that
he would support the application.
Stan Gibbs stated that his biggest concern was the Hunter Street elevation and he
doesn't have as much concern about the alley although he understands Harris's
concern. Stan wondered if there was more balancing to,do in this project and some
of the amenity space could be changed. Sunny said that was a special courtyard
and they have an opportunity to enhance it; the building was built in the 1960s so
they will take a look at what they have once they start opening up the building.
Jim wanted to move this forward and it does comply with all of the dimensional
requirements and some of the things that are in the conceptual stage.
MOTION: Jim DeFrancia moved to approve Resolution #12, series 2012 as
amended approving Conceptual Commercial Design Review for the project located
at 602 East Hyman Avenue; seconded by Bert Myrin. Roll call vote: Stan Gibbs,
yes; Keith Goode, yes; Jim DeFrancia, yes; Bert Myrin, yes; LJErspamer, yes.
APPROVED 5-0.
Discussion prior to the vote: Bert proposed on page 10 D to add minimize the
perception that the 3rd story appears out of proportion with the existing building.
Bert wanted to add an "E" request the lifecycle of the trees and restrict the tree
space not to parking. Bert would like to have a plan to replace the trees. Jennifer
said that at final the applicant will come back with the Parks Department
requirement on tree replacement. Jessica said it was in Section 3. LJ asked to
remove wall by the trash, access sidewalk plan and minimize the floor height.
Sunny said the sidewalk was covered in A and the removal of the wall was in C.
Public Hearing:
601 E Hyman Ave Conceptual Commercial Design
LJ Erspamer opened the hearing for 601 East Hyman. Debbie Quinn asked the. '
applicant concerning the posting of notice was for 15 days prior to the public
hearing and it was signed on the 27th day of May and has it been posted as noted in
the notice. Stan Clauson stated yes it has been.
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Sara Nadolny stated the purpose of this review was a commercial design review
and looking at the location and building on the property, the mass and scale of the
building and public amenity space but not the overall finish, materials or
appearance. This property is also known as the Victorian Square Condominium
Building located on the southwest corner of South Hunter Street and East Hyman
Avenue. The existing building is 6292 square feet with 5487.square feet of net
leasable space; there is currently 595 square feet of public amenity space. The
applicant is proposing demolition and replacement of this building with an 8630
square foot mixed use building. There will still be 5487 square feet of net leasable
and retail on the ground floor and second floor commercial and third floor
residential space. The proposal includes a primary entrance on East Hyman and
the ground floor retail space entrances are on both East Hyman and South Hunter.
There is no alley access for this property. There is currently no off street parking
and the C-1 Zone District does not require off street parking for the residential unit.
The applicant is proposing a couple of methods to meet the public amenity space
requirement. The code requires 25% of the parcel to be designated as a public
amenity, but allows for any deficit to be maintained in the case of redevelopment.
The property currently designates 13% of the parcel'as public amenity. This 13%
is proposed to be maintained by an on-site amenity of 146 square feet or 3.2%, and
the remaining 449 square feet or 9.8% to be provided via cash-in-lieu payment.
The public amenity spaces are open to the sky and the applicant is proposing a
piece of art in the area; staff does not support the proposed combination of the
public amenity because it does not meet the intent of the public amenity space
which is to create open space for the public.
Sara said there was a 6 foot setback for the building placement and meets the
sidewalk on the Hunter Street side and is parallel to the lot lines with a primary
entrance to Hyman Avenue. Staff recommends the building be moved to meet the
east Hyman Avenue sidewalk.
Sara said there were a couple concerns with the trash/recycling area and the
transformer and according to the land use code that transformer does need to have
a screen or fence and there was a fear of lack of capacity for trash and recycling for
all 3 floors of this building.
Sara said the height, mass and scale of the building as measured to the top of the
parapet was at 35 feet which is under the 36 foot cap. Variation is achieved
between buildings as the neighboring Muse building has been approved at 38 feet.
The applicant was requesting 40 feet on the Hyman side for the ornamental glass
and this will be further discussed at final design review. Sara asked the
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Regular City Planning & Zoning Meeting— Minutes June 19, 2012
Commission to consider the requests for the Commercial Design Review to
relocate the public amenity space of the Hunter street façade; to bring the Hyman
Avenue side of the building to the sidewalk edge; to reduce the massing of the
building created by the second and third story elements; to bring the ground floor
retail space on Hyman out from under the recessed canopy area and revisit the size
and access of the trash/recycle area.
Bert asked about the recycling/trash area. Sara said Environmental Health had
concerns with the amount space for trash/recycle area with the amount of trash that
would be generated. Sara said the access could be a problem with pick up in
pulling those out. Bert said he wanted to know what tools P&Z had to solve that
problem. Jennifer Phelan said that they didn't however if the applicant is
interested in having the building operate in a manner that works they might want to
look at the trash and recycling solution with the-Environmental Health Department.
LJ asked if the applicant could put trash compactors internally in the project.
Stan Clauson introduced Sarah Broughton, John Rowland, architects and Patrick
Rawley with Stan Clauson Associates. Stan Clauson utilized power point to show
the subject property and the redevelopment of the East Hyman block and across
Hunter the Aspen Core and redevelopment of the Benton Building. Stan Clauson
said that they held a neighborhood outreach program as part of the land use code
and invited neighbors and interested parties and a full mailing. The comments
were exciting, like the texture, increase in mass,variation and creative.
Stan Clauson said the current building does not have ADA access, relatively
cramped space and the public amenity space is behind a fence. There would be net
leasable on the first floor, 2900 square feet on the second floor and one free market
unit on the 3rd floor of 2,000 square feet net livable. The lot is 4500 square feet
and the allowable floor area is 8630 square feet. They have provided street trees
and are working with the Parks Department.
Sarah Broughton, Architect, said the vision of the clients was to have an iconic
building and wanted a landmark building. Sarah said there used to be a lot of color
in the historic neighborhoods and wanted to possible add some color to this
building while still maintaining a modern façade and speak to the entrance to the
arts district.
Stan Clauson said when it comes to the trash/recycling area that it was important to
note that the alley is not accessible to this building and therefore there are unusual
constraints. The trash/recycling and mechanical need to remain in the same place
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Regular City Planning & Zoning Meeting— Minutes June 19, 2012
as it currently is located. Stan Clauson said that they looked very carefully from
the staff memo on page 5 regarding the access to sunlight; nowhere in the design
guidelines does it say access to sunlight year round is desired. Stan read the street
facing amenities from 1.7 of the design guidelines and they have met that criteria.
Stan Clauson said when a building façade is 60 feet there should be modular
sections to the building and they have provided that. Stan Clauson said 26.575.020
talks about exterior surface treatments and it is a final design element.
MOTION: Jim DeFrancia moved to extend the meeting until 7:30 seconded by
Ryan Walterscheid; Approved 4-2 (Bert and Keith no).
Stan Clauson said this was the city of Aspen sketch up model and Patrick rotated
around to looking around the corner. Sarah said this would be taken in the middle
of the street on Hyman looking East and they are dealing with 2 facades in the
urban location. Stan Clauson said the setback on the building compliments the
setback that occurs on the Muse Building. Keith asked if there was a space
between the Muse Building and the current building. Sarah replied that was access
to the stairs to the building.
Jim asked the current glass color. Sarah replied that they were playing with that
right now and will bring it back at final; they love the idea of color and light that
reflects through it.
Stan Gibbs asked to see how the 3rd floor aligns with the Muse Building; the 3rd
floor is setback. Sarah said they thought it was important for the 2nd and 3rd story
to read as one to reinforce that module. Stan Gibbs said if the 3rd floor was pushed
back a little it wouldn't be so overpowering. Sarah said that we had strong
guidelines in the City and as few opportunities there are to build downtown we are
at risk of everything looking the same so we as a community have to know where
is the right place to have background buildings.
Keith asked the height of the 1St floor inside dimension. Sarah replied it was 10
feet 4 inches. Sarah said that this space was not big enough to have a restaurant
and they will talk to Environmental Health. Keith left at 7:15.
Ryan said it appears that the trash egress from the second and third levels passes
through the first level and questioned whether there would be egress from the main
area through that area, as it currently appears there is not. Ryan questioned how a
door could be provided in the current.configuration as a door cannot swing out into
the right-of-way and noted some discrepancy regarding a door in that area between
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Regular City Planning & Zoning Meeting — Minutes June 19, 2012
that area plans and the floor plan. Ryan asked if there would be a door between the
second and third levels to keep people from accessing the third level residential
deck. Sarah said they didn't include a door at this time. Ryan asked to consider
the doors on the trash area. Sarah replied that it would be a door that went up.
Ryan asked about the basement level storage area and how it would be accessed
and that falls into your net leasable and how it was calculated. Stan Clauson said
the code says building storage is not part of the leased space and they would look
at in detail at final.
Bert asked if the fenced in area was considered public amenity and this currently
was fenced in. Jennifer replied the characteristics were open to the sky. Bert said
when open space turned to public amenity was open to the sky. Bert wanted to
have the concerns stated in the P&Z Resolution. Bert agreed with the recess on the
3rd floor.
Stan asked is Parks involved. Jennifer said this would be reviewed with Parks.
LJ opened the public comments section of the hearing. There were no public
comments.
MOTION: Jim DeFrancia moved to continue this public hearing on 601 E
Hyman to July 3rd seconded by Stan Gibbs. All in favor 5-0.
Bert will not be at the July 3rd meeting. Bert supported staff comments on the open
space.
Adjourned at 7:35 pm.
.46(441,77
ckie Lothian, Deputy City Clerk
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