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minutes.apz.19990720
ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 Bob Blaich opened the regular meeting at 4:47 p.m. with Jasmine Tygre, Roger Hunt, Tim Mooney, Ron Erickson and Roger Haneman present. Tim Semrau arrived at 5:40 p.m. Staff present: Amy Guthrie, Joyce Ohlson and Julie Ann Woods, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER~ STAFF and PUBLIC COMMENTS Ron Erickson commented that the last 2 items he brought up to Community Development were resolved; he was very impressed. Tim Mooney asked for a resolution to city council requesting a city council person attend the P&Z meetings as an unofficial non-voting member of their commission. He stated it was a way to be pro-active and get their issues on some of the projects in front of city council first hand. He said this was in relation to the way that the housing authority has Tom McCabe on their board and that Mick and Rachel were the spokes-persons to get projects through their boards. He said this would give the commission a voice in the approval process. Mooney said that HPC should also have a councilperson attend their meetings. Bob Blaich said that he thought that the city attorney told him that it was a legal issue for a council member and a BOCC member to serve on the housing board. Blaich said that it did not seem fair for one board to have a city council member and another not to have one. Julie Ann Woods said there was an all day symposium on 08/16/99 with the Housing Board and P&Z members were invited to attend along with the City Council, County P&Z and the BOCC. She said that one of the issues was that very same issue and it was open for discussion on how the roles were supposed to be defined and how they could work better. Woods said this would be a good opportunity to discuss this. Mooney suggested a formal resolution from P&Z to bring to the forum to make their point. Blaich stated that what you were asking for was a level playing field. Woods said that having a council member sit in on all of your meetings was realistic. Mooney agreed and said it wasn't necessary but it makes the point of how the voting process was not in line. Steve Buettow said that it might force the discussion of the issue. Roger Hunt stated that a motion to put this item on the agenda was necessary because it was essential to ~level the playing field" for all of the boards. MOTION:Tim Mooney moved to request staff enter an agenda item on the 08/16/99 Housing Symposium to discuss the level playing field between all boards and commissions dealing with housing matters. Steve Buettow second. APPROVED 7-0. ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 Mooney said that they know what the impacts will be on the city from the Buttermilk Master Plan; he said they should request an inter-governmental agreement and suggested including the ski areas in the metro area boundaries for joint jurisdiction. Erickson agreed with Tim and said the inter-governmental action was a necessity. Ohlson stated the city attorney had drafted an inter-governmental agreement regarding the Buttermilk Master Plan. Blaich said that he got the impression from County P&Z that they favored the City P&Z involvement in the Master Plan. He requested a definitive plan of action between the city and county. Blaich stated that a joint review and decision was what they were asking for. Woods stated that it was in the metro area and in an annexation plan. Erickson asked if John Worcester could attend the next meeting to update the commission. Woods replied that she would do what she could. Mooney said it was the whole process of P&Z being ineffective. DECLARATION OF CONFLICT OF INTEREST Steve Buettow had a conflict and was excused from the Bavarian public hearing. PUBLIC HEARING: MINOR PUD - TEXT AMENDMENT Bob Blaich opened the public hearing. MOTION:Roger Hunt moved to continue the Minor PUD Text Amendment to August 3, 1999. Ron Erickson second. APPROVED 7-0. PUBLIC HEARING: LODGE PRESERVATION TEXT AMENDMENT Bob Blaich opened the public hearing. MOTION:Roger Hunt moved to table action and continue the Lodge Preservation Text Amendment to August 24, 1999. Ron Erickson second. APPROVED 7-0. CONTINUED PUBLIC HEARING (07/06/99): DJUNA CONDITIONAL USE REVIEW - 332 WEST MAIN Bob Blaich opened the public hearing for Djuna Conditional Use. Joyce Ohlson, Deputy Community Development Director, noted there was an affidavit of notice. This was for a furniture store in the office zone district; the use was conditional for any property that held historic designation and therefore before the planning and zoning commission. 2 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 Ohlson said that currently the property was occupied with approximately 1,797 square feet of net leasable area; the proposal would reduce 181 s.f. for a total of 1,616 s.f. There would be a proposed addition to the structure that increases the overall floor area from 2,992 s.f. to 3,185 s.f. This addition allows for the renovation of the residential unit from a studio to a 1-bedroom unit and remodeling to accommodate the furniture store use. Ohlson noted that some minor changes were recommended by HPC to the square footage. Staff felt that the furniture store retrofit into the historic building was an appropriate use for the Main Street area. There were several staff recommended conditions. Ohlson noted C the 3 parking spaces on site be utilized by the store and the residential unit as shown in option "b" © no window mounted signs be allowed and conditions ® through © were standard. Roger Hunt asked where the service access to the building was located. Alan Richman, planner for applicant, stated drawings A2.3 illustrated the parking. Jasmine Tygre stated that the numbers were not adding up; where was the rest of the square footage utilized. Richman replied that some of the net leasable was actually in the 3rd story, currently part of the medical offices but would not be used for commercial purposes in the future. He said that space would be storage, some adjunct but not retail space or active use by the furniture store. Ron Erickson asked about the improvement survey that was requested from Engineering. The applicant stated that was already taken care of. Richman introduced the owner of Djuna, Jeffrey Morse and the architect, Janver Derrington. Richman said that they were comfortable with staff recommendations and the resolution. He said there were a number of reasonable conditional uses in the office zone district for buildings along Main Street such as bookstores, florists, restaurants and furniture stores. He stated they were trying to create a new economic use for the property without changing the basic residential character of this landmark. Richman said the look and feel of the building would not be changed at all, it will still look residential even though it has been an office building for many years. Richman said that on the Third Street side there was a carport built onto the back of the building that has added nothing for the historic character of the building and was being removed. HPC was working on some changes to the building and the reason was that they wanted to keep the residence and restore it and expand it with a second story. He said the residence would be for employees. He said this was not a high impact commercial use but rather a specialty furniture store. He said that this use would not generate new employees and the current uses in the building have 5 employees. Richman said that matches what was in the code, 3 per 1000 sfwhich equals 5.4; there will be 4 employees, 2 3 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 at a time to run the store. He said the concerns about parking and service delivery design have been worked on with staff to accommodate the parking on site with direct access off the alley to the dumpster and utilities. He said the 2 spaces that were currently on the property were technically illegal encroaching into the right- of-way. He said that they were providing 3 spaces on the property that were legal but below what was required by code but that without changing the historic property, 3 spaces were all that they could provide. Richman said the square footage was about 3,240 with the increase in the residential unit, now at 573 s.f. Caroline Burger, 320 & 300 West Main Street, noted there was a parking situation with the Floradora and the Copper Horse with 14 employee units. She said the furniture store was a good use for the Victorian but was more concerned with the Copper Horse parking. Ohlson responded that they would go back and check the Copper Horse approvals. Erickson asked if the residential unit was going to be deed-restricted or free-market rental. Jeffrey Morse responded that it was needed for their staff. Richman answered that they were not able to deed-restrict the unit because they were not the property owners but it would serve the function for employees. Tim Mooney stated concern for furniture being displayed in the front yard or having a sale that encroached into the front yard. He asked if there was a restriction for the display of furniture outside. Ohlson stated that the planning commission should make a determination as to whether or not that was appropriate for this neighborhood, it could be conditioned that no outside furniture would be displayed. Morse responded that they wanted to create a living environment using the Victorian with vintage-looking merchandise, as kind of an antique store. He noted they had an 11,000 square foot store in Cherry Creek North with outdoor furniture inviting people to hangout. He said their store would not have the second-hand, drag out all the merchandise to the front yard look, but rather utilize the side yard patio area for a professional looking furniture display and utilize the front porch. Mooney stated that there needed to be a restriction so that it would not have to be dealt with at a later date. Steve Buettow asked if it would be accurate to say that the applicant's display would be limited to the porch and side patio. Morse agreed that it would be in the middle of the building (patio) on the Copper Horse side and the front porch. Blaich noted that he has seen their shop in Denver and it was tastefully accomplished. Caroline Burger said that being on Main Street was nice to see messy vitality bringing back a walking Main Street. Mooney said the point was taken; to encourage people to be invited into the environment should then include the outside space and be counted into the FAR for mitigation. 4 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 Mooney said if there were only 2 people tending the store, the sales people, the other component was the delivery people. Morse replied that they had a large warehouse in Denver where all of the shipments came to and then there were dispersed to either the Cherry Creek store or deliveries from custom orders; ½ of the business was custom. He said the deliveries would be from UPS and RPS for smaller items and the Djuna delivery vehicles twice a week, all through the alley. He said that their truck would not be parked here it would go back to Denver because all of the people who do the sewing and make the furniture were all under contract. Richman said that the definition of net leasable was for commercial and office space reads that those areas within a commercial or office building were designed to be leased to a tenant. He said it was net leasable that triggered employee generation, outdoor space was not net leasable. Richman stated the representation for the number of employees was in the application and if the commission wanted to they could audit the number of employees in the future. Hunt stated that the porch and patio space should be allowed for the appropriate furniture use but the lawn was not part of the regular display space. Hunt said the service door opened right onto a parked car and did not make much sense. He said that it was appropriate to place the access door at the east end of the alley wall. Morse noted there was a ditch that ran through the property. Julie Ann Woods said that was the city right-of-way where cars were currently parked. Amy Guthrie said that HPC will further review; a low picket fence may be able to designate the parking. Blaich asked if there was something on the building that HPC wanted to maintain. Mooney said the representations from the meeting with a commitment of the nature of the business satisfied him. Mooney noted that there was a truck idling ordinance. Erickson requested that all of the conditions be included. MOTION:Roger Hunt moved to approve the conditional use for Djuna Furniture store to be located at 332 W. Main Street, finding the criteria have been met and approve P&Z Resolution/t99-20 with the following conditions: 1. Parking for the furniture store and residential unit shall be accomplished by the three on-site spaces as arranged in Option B, with one space along the Third Street frontage being designated for the residential unit. No parking, other than for temporary delivery, is permitted within the alley right of way. 2. That no window mounted signs (internally or externally mounted) be allowed. 3. The existing fences that encroach into the public right-of-way and must be relocated onto private property or gain approval of an encroachment license. The concrete pad located within the Third Street right-of-way shall be removed prior to furniture store occupancy. 4. All trash containers must be located out of the public right-of-way. Any new utility meters, pedestals and transformers must be installed on the subject property and be located and maintained so as to be accessible year round. 5. Any expansion or other significant change in the operation of this use will 5 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 6. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Jasmine Tygre second. Roll call vote: Haneman, yes; Erickson, yes; Tygre, yes; Mooney, yes; Buettow, yes; Hunt, yes; Blaich, yes. APPROVED 7-0. Blaich asked what the name meant. Morse said that Djuna was a character that traveled the world. CONTINUED PUBLIC HEARING (06/01/99): BAVARIAN INN~ CONCEPTUAL PUD The Commissioners and staff attended an earlier site visit to the Bavarian Inn. Bob Blaich opened the continued public hearing on the Bavarian Inn and noted the 7:00 p.m. adjournment time, which could be extended by vote. Julie Ann Woods noted that Steve Buettow stepped down for this item. Joyce Ohlson stated this application was before the commission on April 13th and June 1 st. She said that after the site visit, these various plans should provide the discussion for the preferred alternative, "4 south". Ohlson noted the memo identified issues and comments. John Sarpa, applicant, stated that the access and traffic was a problem. He said in prior plans there was an imbalance in the distribution of density, heights, open space and trees. He said that they all (staff, neighbors and applicant) agreed that Bleeker Street was the entrance and got rid the Main Street entrance. He utilized drawings to show the buildings and units that would not be part of the plan in order to preserve trees and protect the roots, 4 south drawings. He said they were not asking for any height variances, the buildings were dropped down. Sarpa said that staff pointed out that the trees could be kept and still put in the buildings, all the main trees were now preserved. Sarpa said the next to Herb's house was a one- story feature next to a two-story feature and repeated. Sarpa noted there were 30 parking spaces, 29 were required and shown in the configuration on the drawings. He said there was more open space and there were now 1-bedrooms or studios for sale, deleting the dorms. Sarpa noted that it reduced the total employee count from 64.25 to 40.25, depending on if the 6 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 buildings were made two-story, then it would add 4.5 people but would make the parking short. Sunny Vann, planner for applicant, said that their charge from the city was to produce an affordable housing project that was suitable for the site. He said the determinations for what was suitable for the site were dictated by project concerns such as circulation and type of units provided. Vann said the next level of reduction came from the neighborhood concerns environmental considerations related to the preservation of the trees and open space. Sarpa stated that he hoped that we all (the neighbors, P&Z and Savannah) could go to council with a project that they all support. He hoped for a direction tonight from P&Z with the neighbors for this 100% affordable housing project to take to council. Blaich read Marie Butler's letter into the record. Her concerns were for the large trees, the project design, parking problems and children play space. (Exhibit 5) Todd Bosart, 814 West Bleeker, stated that a number of the homeowners were out of town but attended other meetings in the past. He asked if this meeting could be extended so those people could attend. He voiced concern for slower traffic. Richie Cohen, public, 814 West Bleeker, said there were more people from the Villas of Aspen that wanted to attend the next a public hearing. Blaich responded that a resolution was not being voted on tonight, there would be an opportunity for the public to speak at the next public hearing. Cohen said that "4 south plan" was good but was concerned with the need for a park for the entire neighborhood. He said that the neighborhood was low buildings, except for the Bavarian, and requested a non-peaked roof design. Joyce Poulse, Bleeker Street resident, noted that many hours have been spent and the plan took into consideration the neighbors concerns. She said the open space was a big concern and the off-street parking was welcomed. She said that density was rearranged for a more equitable design and more compatible for the future entrance to Aspen. Poulse stated this project should be a model for future projects. Herb Klein, public, said that "4 south" was a step in the right direction; they were trying to achieve a quality project that would fit into the neighborhood and not devalue their experience (economically or aesthetically). He stated they were looking for an improvement in the neighborhood with a high quality project that would protect the trees and provide adequate open space. Klein said the heights needed to be kept down and parking needed to be contained on the site, which was accomplished in the "4 south" plan. He said the unit next to those spruce trees was 7 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 eliminated and circulation was improved. Klein requested story poles for the visual impacts of building heights. He said that this was something that could work with some minor adjustments. Neil Siegel, Villas, said the evolution and improvement can be seen with the "4 south" plan. He agreed that "n2" was objectionable and should be stricken off the plan. He said the plan was the best compromise for saving the trees; reducing density representing a balance of the north and south parcels. He said it was clearly the most compatible plan to date relative to the overall entrance to Aspen plan. Siegel said it maximized the green space as a clear design goal. He said it was a plan that could be supported. MOTION: Ron Erickson moved to extend the meeting to 7:15 p.m. Roger Haneman second. APPROVED 7-0. Tim Mooney stated that he was pleased with this plan. He said that after hearing the neighborhood side, he would like to maximize the number of affordable units to have 2-story buildings and include the "n2" building. Mooney said the target number should be 45 people; three parking spaces could be placed where the bike rack was behind the Bavarian. He said the elimination of"wi"was good and the elimination of"si, 2, 3, 4" storage area and replacing with another livable unit (1120 sf) was a plus. Mooney said that flat roofs would be fine and there was a natural buffer of sidewalks, open space and setbacks to include what the neighbors deserve without having buildings built to the property line or edge of the sidewalk. Erickson agreed with Tim and would love to see a few more units and liked the open space instead of the 3 parking spaces. He said if the parking spaces and sidewalks could be sunk, it would look more like green space. He complimented the project. Erickson asked if the "si & s2" buildings could be sunk. Roger Hunt agreed with Tim but was not happy to loose the dorm space. He said that was an ideal location for dorm housing; he said that he gave that up. He agreed with adding a few more units; he supported Tim's idea about eliminating the storage, adding units. He stated that flat roofs were an abomination, his house had one and he said they don't work in snow country. Jasmine Tygre stated that she agreed with her fellow commissioners and that "4 south" represented a great improvement. She said that "n3" should be retained and that could be made into a 2-story. She said although she would like to see greater density. She noted that after the site visit, the site could be reconfigured to allow ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 the density. Tygre stated that she did not favor flat roofs but had confidence that David Brown could design a good project. Tim Semrau said this was really good and congratulated the applicant and said with a few more exactions, it would be great. He said the park and keeping to the code with regards to parking was good. Blaich said everything was on the table and valued all of the ideas as good. He said that he would make his final comments at the next meeting. He said that he was sympathetic to the green space and was concerned for the quality of life for the people who will live there. Roger Haneman stated that Jasmine stated most of his thoughts. He said that eliminating the storage and "nl" standing on it's own was awkward. He said "n3" could be larger and if parking could be stacked on the "s" side, it would work. MOTION: Roger Hunt moved to continue the public hearing for the Bavarian Inn PUD Conceptual Review to August 24, 1999. Jasmine Tygre second. APPROVED. 7-0. Meeting adjourned 7:15 p.m. Jackie Lothian, Deputy City Clerk 9 ASPEN PLANNING & ZONING COMMISSION JULY 20~ 1999 COMMISSIONER, STAFF AND PUBLIC COMMENTS ................................................................................. 1 MINOR PUD - TEXT AMENDMENT ............................................................................................................... 2 LODGE PRESERVATION TEXT AMENDMENT ............................................................................................ 2 DJUNA CONDITIONAL USE REVIEW - 332 WEST MAIN ........................................................................... 2 BAVARIAN INN, CONCEPTUAL PUD ............................................................................................................. 6 10