HomeMy WebLinkAboutminutes.apz.19840404 RECORD OF PROCEEDINGS
Continued Regular Meeting April 4. 1984
Planning and Zoning Commission
Chairman Perry Harvey called the meeting to order at 9:30 a.m, with
commissioners Welton Anderson, Lee Pardee and David White present.
STEVEMSOM/AGATE CONCEPTUAL PUD
Colette Penne, planning office, made corrections to the application.
The applicant came in December with six duplexes. The units
were over FAR and height requirements. That plan was denied.
The applicant scaled the project down to six single family houses
and two duplexes. There is no plan now to condominiumize .
Eleven bedrooms of employee housing units were verified at the
Agate. The applicant approached the housing authority with a
preliminary application to replace the employee units but not
on site. Now that the units are not to be condominiumized ,
the question of eliminating employee housing does not now come
under the commission's review. Delete the section of the application
which is asking for condominiumization and is going to provide
employee housing.
The plan is to phase construction so that the duplexes are built
down the road. The applicant will lose rent presently generated
from the Agate all at once. After eighteen months the dup`_- es
will be constructed and condominiumized. During that period
there will be no employee housing. Pardee noted that is a tragic
flaw in the condominiumization procedures.
Penne continued. The zone is R6 PUD. The proposal is six single
family houses and two duplexes. The applicant is exempt from
GMP because of the verification of the units at the Agate.
The applicant has chosen to use the underlying zoning in planning
the development. The duplexes will be on three townsite lots.
The single family houses will be on two townsite lots. There
is a mandatory PUD on the property . The question is why is it
not being utilized for a more innovative design. The objective
of the PUD is to create a more desirable environment than could
be created with a R6 zoning. The applicant has chosen not to
use the PUD. That may not be bad. The project will look like
a residential development. It will fit in with the west end
residential neighborhood. She prefers eliminating the curb
cuts and interior block access. The plan reduces the existing
curb cuts on the block now. The plan improves the situation,
although, it is not as innovative as it could be . The plan
is much better than the Agate. The plan presents a better entrance
into town. However, a better design solution could be arrived
at.
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Continued Regular Meeting ARril 4, 1984
Planning and Zoning Commission
One variance requested is in height. The proposed houses are
within the allowable floor area ratio. The only justification
for granting the variance is the mandatory PUD. The second
variance is the encroachment of the swimming pools.
Pardee asked what is the width of an alley by definition. Penne
replied 20 feet. Pardee said 20 feet with 15 foot setbacks
on either side totals 50 feet. There is 50 feet of unusable
space under the R6 zone. Under the PUD the commission could
authorize at conceptual to use that space. The sensitive area
is the frontage on 7th Street between Hallam and Bleeker Streets.
It is zoned PUD to take advantage of that area. The applicant
can use that space as an amenity even though the applicant does
not own that portion of the land. Penne said Pardee' s idea of
integrating a green open space in the design is good. The problem
is clustering the units would yield common walls. Condominiumization
would have to occur. Pardee said that could be a problem but
not necessarily. The PUD allows clustering for use of the open
space. The applicant can circumvent condominiumization and
employee housing. He is inclined not to grant any variances
if the applicant is not going to utilize the PUD. PUD indicates
the area is sensitive. The design has to be done for the city.
The code allows then concessions for the applicant. Treat the
parcel as sensitive. Encourage the applicant to cluster his
design closer together. In return, the commission will grant
variances for height, encroachments for pools, etc.
Penne said the problem in developing typical duplex and single
family lots is that sameness in the design will have more of
an impact. The west end is varied with large Victorians juxtaposed
with small Victorian miners houses. The bulk is broken up.
This project is not varied and not broken up. She reported
that John Seigle, attorney for the applicant, said the architect
does not intend to make each house look the same. It would be
advantageous for a subdivision of duplexes and single family
houses to have a different architect design each house to discourage
a cookie cutter subdivision as the first impression of Aspen.
Penne said Jim Holland, parks department, reviewed each tree
on the parcel . He explained a couple of the trees are perfect
specimens. She indicates on a map the specific trees, trees
" E" and "F" . He reported tree "E" is a perfect specimen of a
spruce with its 20 foot diameter. Holland said that tree is
a classic. Structures should be designed around the tree to
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RECORD OF PROCEEDINGS
Continued Regular Meeting April 4, 1984
Planning and Zoning Commission
preserve it . In relocating the tree, its chance of survival
is minimal. Penne said in a PUD there is a chance the structure
can be designed around the trees. The applicant intends to
introduce ample new landscaping. But Holland indicates there
are four trees of major significance. Harvey said the commission's
concern is the block at 7th, the trees are located there .
Pardee cited a case, Wedum' s office building. Wedum was required
to move the tree; the tree survived. Use the flexibility of
the PUD to deal with the trees.
Penne addressed the curb cuts. The curb cuts are allowed by
code. She encouraged the applicant to use the alley, although
the applicant strongly does not want to. The applicant will
provide 44 parking spaces. There are twenty-six bedrooms in
the houses. There are ten media rooms. The applicant has provided
more than the required parking. The transportation department
suggested a bus stop at the corner at Bleeker and 7th.
Penne encouraged varying the architecture of the structures.
The plan does adhere to the requirements of the underlying zone
except for height and possible encroachment of the pools. She
encouraged using the PUD to develop a more interesting site
design . She suggested the commission recommend approval to
Council for conceptual subdivision and PUD. Delete the condomi-
niumization request. She also recommended the eleven conditions
outlined on page five in the Agate memo from planning office
dated April 3 , 1984 .
Seigle said the present concept is based on the previous feedback.
The architects decided if the buildings were clustered , the
project would look too dense for the west end. The intent is
to break up the density of 28,000 square feet by designing separate
structures. The PUD is being utilized. Staggering the houses
breaks up the density visually. The entrance from Highway 82
onto 7th is a concern. Whatever the solution, the structures
will be 30 or 40 feet from 7th Street. The distance of the
structures from the road is not great. And distancing will
not mitigate the impact of the structures. The landscaping
is the solution to the impact. The applicant is committed to
significant landscaping. The alley will be paved in brick and
landscaped. That will also help mitigate the visual impact.
Utilities will be located underground. It is critical to his
client ' s concept that the houses be oriented south facing. The
client does not want residents to be viewing parked cars, dumpsters,
and gravel . Emergency vehicles will still be able to access
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RECORD OF PROCEEDINGS
Continued Regular Meeting April 4g 1984
Planning and Zoning Co ission
the alley way. The alley is not vacated, and is not the applicant's
intention for the city to vacate the alley. Under a landscaping
permit, the alley can be paved in brick as long as access to
the utilities is maintained. His applicant would plow the alley.
Penne said Hammond accepted the current proposal.
Harvey asked about the parking provisions. Seigle replied there
is atwo car garage for each unit. The remaining parking is
in the driveways. There is otherwise no designated parking .
Harvey calculated 20 spaces for ten units. 44 spaces are proposed.
Then there are 22 spaces in the driveways, that is not a good
solution . Alleys are used for three functions : utilities ,
parking, and trash. By excluding the use of the alley, parking
will be pushed onto the streetscape along with the trash. Seigle
said within garages there are built-in receptacles for trash
to discourage placement of cans on the streets. Harvey noted
that is an impractical solution for the trash, trash services
may not access the garage. Seigle argued the reality of the
project is that the quality of the resident of the project will
not generate problems with parking, etc. Harvey disagreed.
Penne argued that the applicant on the one hand does not want
cars visible in the alleys, but cars in the driveways will be
visible.
Seigle said the Agate will be demolished this summer. The construc-
tion of the block will be phased over three or four years .
Duplexes will not be constructed for eighteen months. The land-
scaping will be done this year. At preliminary elevations will
be presented.
Seigle addressed the height variance request. The mean average
of the roof is 25 feet. The garages are half underground .
To obtain a comfortable space in the unit with a parking space
partly underground, the roof height needs to be extended another
four feet.- The architect said the eave height of the -roof- is
26 '-6". The variance is for either one or two feet. Anderson
explained the eave height is 27 feet, and the ridge height is
32 feet. The height variance is 7 feet for the eave , and 2
feet for the ridge. Seigle cannot respond to the discrepancy.
Harvey did not hear a reason for the height variance. Seigle
responded the height accommodates the underground parking and
accommodates the possibility of varying roof lines. Pardee said
the commission cannot allow the applicant to build on underground
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Continued Regular Meeting April 4. 1984
Planning and Zoning Commission
utilities . Under the PUD however substantial setback allowances
can be made. But the PUD has not been answered. He would make
concessions for parking in the driveway, trash in the garage,
removal of trees, setbacks for pools on the conditions that
the structures presented are not uniform in design or in roof
line. He wants to see a large open green area fronting 7th
Street. He wants a park like feeling. He wants to make the
turn into town exciting. But the city receives nothing with
the present plan.
Seigle said the developer would not have any problem with what
Pardee is proposing as long as the developer can maintain the
concept of four separate buildings. Pardee replied that if the
parcel was zoned only R6 the commission could not prevent that.
But the parcel is also zoned a PUD, and the commission can parti-
cipate more in the design. Staggering the units is not creative. An
exact feeling of compatibility is critical. The present design
looks like a subdivision. Harvey said the architecture is too
regimented and too homogenous, variety is necessary. Seigle
said the footprint can be designed not to encroach on setbacks .
Pardee argued the tree problem, the trash problem, the inadequate
use of a PUD problem, etc. , still exist even if the applicant
does not ask for much.
Pardee recommended approval of conceptual be conditioned with
detailed, specific items on what the commission wants. On conceptual
the plan meets conceptual requirements, but the commission will
need to provide explicit conditions. Penne said if the commission
has a real problem with the layout, conceptual should not be
approved until the commission sees a layout it likes.
White concurred with Pardee. He disapproved of the design, it
resembles a California housing project. PUD offers the opportunity
for a more innovative design.
Anderson concurred with Pardee and White. There is no reason
to vary the height. Sufficient living space can be provided
without height encroachment and with the underground parking.
The rear yard setbacks on the alleys are fine. The pools can
encroach, the structure is a landscaping feature. He is not
sure what he is willing to concede to the applicant for benefits
to the city.
Penne said the density is determined by the amount of area,
it is the full block. The units can be located on smaller than
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RECORD OF PROCEEDINGS
Continued Regular Meeting April 4, 1984
Planning and Zoning Commission
normal lots, with smaller than normal setbacks. Each lot can
be varied. Penne questioned the design solution of clustering
the houses on smaller lots at one end of the property. The
applicant intends to use the full FAR. Consequently, the solution
will provide a real bulky lot.
Seigle said the applicant will use the maximum FAR. Given that,
breaking the units made more sense than traditional lot line
application. Penne said she does not know which alternative
is better. Landscaping may minimize the visual impact. Harvey
said Pardee ' s point about a greenbelt fronting 7th Street is
good. But, the environment there is urban. Pardee said the
city may need 20 feet, but the applicant could reduce space
between units and increase the height of the units. Penne argued
the perception of bulk would be greater. Seigle assured the
commission that architecturally the units will not all be the
same. Given the FAR, moving the units 15 more feet away from
the frontage on 7th Street may create an undesirable visual
impact on the 6th Street end of the property.
Harvey said the current proposal is an improvement over the
existing structures. It is an urban area. He questioned whether
the greenbelt corridor is worthwhile. Anderson said an intention
of PUD is to cluster and to provide open space. Harvey said,
however, there is no guideline why this is a PUD. It is a sensitive
entrance to town. Penne said the problem is FAR. Any 54,000
square foot block in the west end does not even come close to
the maximum FAR. Pardee said the commission cannot interfere
with the FAR, but it can require the applicant to provide a
greenbelt off 7th Street, to vary the architecture of the structures,
to address height and setbacks. Penne reiterated again the
issue is FAR. A clustering solution will increase the perception
of the mass. A height variance increases that much more the
perception of bulk . She suggested the applicant research how
tall the surrounding buildings are, the Villas, Studio West ,
etc . The commission has to consider the effect on the rest
of the neighborhood.
Harvey said the building department determined that 6th and
7th Streets require 10 foot setbacks. Hallam and Bleeker Streets
require 6-2/3 foot setbacks. He did not know there were different
setbacks based on the street. Penne said the setbacks vary
for a corner lot and a major arterial street. 7th is an arterial
road way.
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RECORD OF PROCEEDINGS
Continued Regular Meeting April 4. 1984
Planning and Zoning Commission
Harvey is concerned with trash and parking. No reason has been
shown for an height variance. A row house effect needs to be
discouraged. Staggering the units is not a solution. He favors
a nice entrance to town. The tradeoffs may overload the other
end of the lot. The alley design is nice. But the applicant
is not dealing with activities which will be displaced by a
nonusable alley, i. e, trash and cars.
Seigle said if the applicant is not permitted to utilize the
alley as he plans to, the applicant is not interested in the
project. Driveways and garages are sites for trash and cars .
There is an option on the property. The property is not marketable
with an alley. If the commission finds the alley essential
to the project then the discussion can end. Harvey said there
are certain things alleys are used for and those things have
to be dealt with. What is a media room? May be forty parking
spaces are not needed. A two garage may be all that is necessary
for the units. Twenty odd spaces are not really usable.
Pardee suggested give the applicant some direction. He agrees
with Harvey. But he will concede a few feet in height, parking,
a back yard encroachment in return for the greenbelt on 7th
Street. Housing facades also need to be varied.
Anderson noted there is less than ten feet between structures.
Seigle clarified the drawing may be misrepresenting the distance. The
architect did not request a side yard setback.
Seigle said the windows and the common rooms will be oriented
south. Penne said it is important from the exterior to demarcate
a front entrance facade.
Anderson said the Villas are in a PUD. He does not know if
a greenbelt is a condition of the PUD. A greenbelt buffers
the units from the highway. The site of two of the proposed
houses fronting 7th Street is not attractive. From a marketing
point of view, whatever device is used to increase the setback
from ten feet is desirable.
White supports the greenbelt setback on the 7th Street. He
also prefers more variation in the building envelope.
Pardee suggested a condition that the applicant participate
in a sidewalk improvement district. Anderson said the applicant
already is representing a sidewalk around the entire block.
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RECORD OF PROCEEDINGS
Continued Regular Meeting April 4. 1984
Planning and Zoning Commission
Penne supported Pardee' s idea of increasing setback and Anderson's
reasons. The planning office would not support the combination
of clustering, height variance, and maximum the FAR. The project
would be too bulky.
Pardee suggested a greenbelt of 25 feet. The side yard setbacks
could be reduced by half to meet that greenbelt setback. Seigle
argued that with the FAR the applicant needs , the development
will be bulky at one end of the project. Harvey said the applicant
has a 10 foot setback from 6th Street, there is some ability
to shift the setback. Penne said under mandatory PUD the applicant
is not assured the full density. If the commission does not
like the design solution, it can reduce the maximum number of
units.
Harvey reviewed the conditions recommended by the planning office
(listed in a memo dated April 3 , 1984 , page four) . One, two,
and three require licenses from the engineering and fire department.
Number four is the detailed reasons for the necessity of the
height variance. No reason has been shown at conceptual. Number
six, the bus stop request, the commission should not be concerned
with. Number seven, the employee housing, is deleted. Number
eight, statement of subdivision exception, is deleted. Harvey
is trying to get the applicant to maintain the lot size to reduce
the setbacks and maintain the conformity of the lots. Penne
noted that the greenbelt will be common area, the only way to
maintain the density and to maintain the common area is through
condominiumization. Seigle said the applicant can deal with
that through subdivision covenants. Pardee does not want the
applicant to worry about lot size. Focus on a sensitive design.
Seigle requested a denial, not a table. He wants definite action.
Harvey replied there is not enough detailed information on the
submission for the commission to give conceptual approval .
He does not favor denial. Pardee asked if the commission denies
the application, does the applicant reapply for conceptual if
Council denies the application. Penne said yes. Pardee would
favor a resolution supporting denial for the following reasons :
insufficient data; insensitivity to the use of a PUD; insufficient
reasoning for height and rear yard setback variances; insufficient
solutions to parking and trash problems, etc. But he does not
want this project forwarded to Council until he sees the resolution.
Penne said the applicant has to be more willing to work with
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RECORD OF PROCEEDINGS
Continued Regular Meeting April 4, 1984
Planning and Zoning Commission
the commission, there are reasons for conceptual subdivision
and PUD when one is developing a whole block of the City of
Aspen. The client ' s rigidity indicates that he may not be the
best person to design the block. Anderson said the meeting
this morning is a concession to the applicant by the commission.
The applicant is naive to think that Council will be easier
on conceptual level than the commission. Penne said the city
does want to work with the developer, but the city is not going
to work within the applicant's timetable. Pardee said the commission
has demonstrated by scheduling this meeting this morning a willing-
ness to work with a critical timetable.
Harvey prefers not to approve or deny the application at this
time. If the commission tables pending more information, if
the applicant cannot live with that because of a contract, if
the applicant then returns with no further information, then
the commission will deny the application.
Penne said once the concept is approved, there will be swift
action taken at preliminary and final stages. The concept is
the problem with this application.
Lee Pardee moved to table the application to a date uncertain;
seconded by David White. All in favor; motion carried.
Harvey adjourned the meeting at 11:00 a.m.
Barbara Norris, Deputy City Clerk
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