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HomeMy WebLinkAboutminutes.apz.20130416 Regular City Planning & Zoning Meeting— Minutes April 16, 2013 Comments 2 Minutes 2 Conflicts of Interest 2 534 East Cooper (Boogie's) Growth Management 2 204 South Galena (former GAP) Growth Management & Subdivision 5 1 Regular City Planning & Zoning Meeting — Minutes April 16, 2013 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission of April 2,2013 in Sister Cities Meeting Room at 4:30. Commissioners present were Ryan Walterscheid, Keith Goode , Bert Myrin, , Jim DeFrancia, Jasmine Tygre, Stan Gibbs, and LJ Erspamer. Commissioner not present was Cliff Weiss. Staff in attendance were Debbie Quinn, Assistant City Attorney; Jennifer Phelan, Deputy Director of Community Development, Jessica Garrow and Justin Barker, Community Development; Jackie Lothian, Deputy City Clerk. Comments Bert Myrin stated that last week P&Z had a work session. Bert said the process that they discussed was about amending the code and next week we have a meeting with City Council on a code amendment. Bert suggested that we wait until next Tuesday and see how that process works and follow one week behind on what they are doing. Jessica Garrow said to follow up on the email that she sent; Council added to our work program to look at the S/C/I Zone District and potential code amendments. Jessica said that packet for the work session today was sent out to you today and there is next Tuesday, April 23rd at Noon to 1pm for your special work session on S/C/I and Council is having a work session on S/C/I changes on Tuesday, April 23rd that you are invited to also. Bert said that they had originally scheduled a work session for P&Z for next Tuesday and he suggested that they attend the one with Council. Jasmine said that it made sense to do the noon work session and then go ahead with the Code Amendment with Council. Bert said he thought so also. Jim agreed with Jasmine. Minutes MOTION: Jasmine Tygre moved to approve the minutes from April 2nd 2013; seconded by Jim DeFrancia. All in favor, APPROVED. Declaration of Conflicts of Interest Ryan Walterscheid disclosed that he is directly involved on the building at 204 South Galena, formerly the GAP so he has to recuse himself. Keith Goode said that he lived at 400 East Hyman but did not receive a notice. Debbie Quinn asked if he was a tenant. Keith replied that he was a tenant. Public Hearing: 534 East Cooper (Boogie's) Growth Management 2 Regular City Planning & Zoning Meeting— Minutes April 16, 2013 LJ Erspamer opened the public hearing on 534 East Cooper (Boogie's) Growth Management Review. LJ asked for legal notice. Debbie Quinn said that it was provided are approved as provided. Jessica Garrow said this is a public hearing for an application submitted by Boogie's Building of Aspen LLC for an expansion and remodel of the Boogie's Building which is at 534 East Cooper. The applicant is represented by Sunny Vann and Kim Weil of Poss Associates. The applicant is requesting 4 land use reviews to remodel this building; it is located within the Commercial Core and it previously received conceptual UPC and commercial design reviews. It was approved by UPC and went through the call-up process with City Council. Jessica said that City Council affirmed the decision through that call-up process. Jessica said the 4 reviews before you are 3 Growth Management reviews; 1 for the expansion of net leasable space, 2 is for a new free-market residential unit, 3 is affordable housing; P&Z is the final authority on all 3. The 4th review is a subdivision review and P&Z is the recommending body to Council. Jessica said the existing building is 2 stories and includes 10,379 square feet of net leasable space and 1 affordable housing unit that has 654 square feet of net livable space. Jessica noted a key part of this application is this unit was never acquired as affordable housing mitigation but rather a voluntary unit that the owner of the property wanted to provide so the existing deed restriction allows this unit to go away; so part of their proposal is to modernize the deed restriction and use that as mitigation for the proposal today. The proposal would expand the net leasable space by 292 square feet for a total of 10,671 square feet of net leasable space in the building. The expansion is on an existing 2nd floor deck; the applicant proposes to enlarge the affordable housing unit to 705 square feet of net livable area and update that mitigation and use it for this project. Jessica said that the applicant to proposing to add a 3rd story with a free-market residential unit just over 2300 square feet of net livable space. This was applied for in March of last year so it vested under a different code; that code allows 3 story buildings and new free- market residential units. Jessica said in terms of Growth Management the land use requires that affordable housing mitigation be provided for the largest requirement when it is provided on site; based on the expansion of the commercial space that generates .54 FTEs and the free-market unit would generate 1.73 FTEs based on the mitigation rates that are in the land use code. Jessica said that the planning staff and APCUA recommend that the affordable housing unit be accepted as mitigation for this project; it ensures that the existing unit remains within the rental pool in perpetuity. 3 Regular City Planning & Zoning Meeting—Minutes April 16, 2013 If P&Z decides not to accept this unit as mitigation the applicant proposes to use affordable housing certificates. Jessica said in terms of Subdivision it is required because there are multiple residential units being proposed on the site and the mix in the vicinity as well as the commercial core. Staff is recommending approval of Subdivision and the Growth Management Reviews. Jasmine asked about the employee generation on site and how many will it house. Jessica replied 1.75 and the requirement is 1.73 so the size of the unit is slightly larger than what is required. Ryan asked if the affordable unit on site wasn't already on site would it be required to be deed restricted. Jessica replied it was just provided at the option of the owner as part of a redevelopment years ago. LJ asked what category was the employee unit and if they can't rent it will APCHA rent it. Jessica replied it was a category 3 and yes APCHA will rent it if they can't find a renter. Stan asked why on page 4 there were all the dimensional recommendations and we didn't have purview over it. Jessica said that until we get a subdivision review so this is a note that says the plans have been approved but we are not granting anything additional. Debbie said that she liked having them in because we recently had to make the final design was different from conceptual in certain respects and had been presented at least to Council if not P&Z in the amended form and nobody caught it and there wasn't any language such as this that says it was consistent. Debbie said there is always that possibility that someone will say oh but Council already looked at this and Debbie would rather have language like this. Stan said that should go back to HPC and it will go back to HPC for final and make sure it was in the resolution. Bert asked if the occupancy issue with the MotherLode has been resolved. Jessica replied that yes the resolution is written so the CO and the deed restriction for the affordable housing unit have to be in place before you can get a CO for the free- market component. LJ said reading page 7 under Section 2 Dimensions; the free-market residential unit is approved at 2,307 square feet. LJ asked how much is a Historic TDR; he said that he thought that it was 250. Jessica replied when they are landed they are 4 Regular City Planning & Zoning Meeting —Minutes April 16, 2013 500 square feet so the and the size cap under this code is 2,000 but you don't get to sever a TDR so that it is partial. LJ asked about the chimney. Jessica stated the chimney was not approved from HPC conceptual design. Sunny Vann said the commercial expansion was to mainly remove the tented structure that covers portions of the outdoor deck so that is being cleaned up and will be part of the building. No public comments. Jim supported the project and thought it was a good improvement to the character of the downtown. Jasmine stated this application clearly follows the requirements of the code. MOTION: Jim DeFrancia moved to approve Resolution 10 series 2013 approving Growth Management Reviews and recommend Council approve a Subdivision Development of one Free-Market Residential Unit, one Affordable Housing Unit and 292 square feet of new Commercial Space for 534 East Cooper; Ryan Walterscheid seconded. Roll call vote: Stan Gibbs, yes; Keith Goode, yes; Bert Myrin, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 7-0. Public Hearing: 204 South Galena (former GAP) Growth Management & Subdivision LJ Erspamer opened the public hearing for 204 South Galena, the former Gap, and Growth Management Review. LJ asked if there was proof of legal notice. Debbie Quinn reviewed both notices. Justin Barker introduced himself as a planner for the City of Aspen. Justin said this is a 9,030 foot lot and is located in the Commercial Core District with a Historic District overlay; the project received final commercial design review from HPC in December and went back to HPC in February for an amendment to the final review. The request before you today the applicant is seeking Growth Management Allotments for 1700 square feet of new net leasable commercial for the second level and 4500 square feet for future net leasable commercial space. Justin said for the requirement for this area for every 1000 square feet of net leasable space for the ground level would be 4.1 employees; for the basement and the second floor spaces is reduced by 25% would be 3.05 employees for every 1000 square feet. Out of those FTEs they are required to mitigate for 60% of those to 3.14 for the second level and 8.3 for the basement so the total is 11.44 FTEs. 5 Regular City Planning & Zoning Meeting—Minutes April 16, 2013 Justin said the applicant is proposing to mitigate for this second story space of 1700 square feet by purchasing Category 2s Certificate of Affordable Housing credit. This Affordable Housing mitigation requirement is based on Category 4 income level and so the conversion to Category 2 would be based upon the net leasable submitted with the building permit at that time. Justin said the basement space doesn't currently have any committed tenants for that space so it is proposed a decommission space at this time; but the applicant has proposed 2 options when that space does become usable. The 1" one is like the 2nd story by purchasing extinguished certificates of affordable housing and the 2nd one is by providing actual deed restricted units. Justin said the original HPC approval required cash- in-lieu for 7 parking spaces with this increase; up to 6200 square feet they would have to provide the cash-in-lieu for potentially 10 spaces or calculated at time of issuance of building permit. Staff is recommending approval of the Growth Management Allotments for 204 South Galena. Jasmine Tygre asked why is the housing mitigation different depending on street grade or sub-grade or above grade level. Jennifer replied the history on that is the expectations that the employee generation be at lower or higher levels is a less intensive use as office space rather than a restaurant so when the studies were done the employee generation was a little lesser of a rate. Mitch Haas stated it was a fairly straight forward request and Growth Management is a once a year opportunity; they asked for the allotment for all the space that might be needed here. Mitch said they probably over-estimated which is why the actual mitigation be what the actual building permit is. Mitch said on the 2nd floor space they still don't know if they are going to have restrooms of a larger size that might otherwise be required; depends on how late the restaurant stays open will dictate some of that. Mitch said they have no issues with the staff recommendation and the conditions are acceptable. This is a project that is 100% commercial, there is no residential and the height limits comply at the 28 foot height limit. No public comments. Jim said it was a great application and they are holding to the new height levels and all commercial. Jim strongly supported it. Jasmine agreed with Jim. Bert agreed with Jim especially with the new height limit that it could be done. MOTION: Jim DeFrancia moved to approve Resolution 11, 2013 Growth Management Review for the expansion of the new NLA Commercial space for the property located at 204 South Galena. Jasmine Tygre seconded. Roll call vote: 6 Regular City Planning & Zoning Meeting — Minutes April 16, 2013 Bert Myrin, yes; Stan Gibbs, yes; Keith Goode, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 6-0. Other Business: Debbie Quinn said that last time you talked about your potential code amendments and you need to do a resolution if you wanted to initiate that process and in the minutes May 21St was the first meeting available to take that action. Debbie said you may want to notice as a public hearing so the public would be aware of what you are doing. Bert thanked Debbie and would support having that noticed. Bert said that step was not to change anything but to ask Council to let us start things. Debbie asked what particular code amendments so the notice would have some meaning. Bert replied the 2 that Council gave us to work on. Jasmine said maybe we should do the first one because that was all we made it through, which is parking. Debbie said she has read the code and even if Council were to say yes this is a priority and direct staff to start working on it your involvement is the same as other code amendments to give input when staff brings it to you. Debbie said she thought Council has directed you work as you will to try to get a head start on the process. Debbie said she was not sure it was a good expectation to think that you will have a lot of interaction with staff. Adjourned at 5:19 pm. ckie Lothian, Deputy City Clerk 7