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minutes.apz.20021203
ASPEN PLANNING & ZONING COMMISSION DECEMBER 3~ 2002 COMMISSIONER, STAFF and PUBLIC COMMENTS ................................. 2 DECLARATION OF CONFLICTS OF INTEREST ........................................ 2 BAVARIAN INN - INSUBSTANTIAL PUD AMENDMENT ........................ 2 RESIDENCES AT LITTLE NELL PUD ............................................................ 4 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3,2002 Eric Cohen, Vice-chair, opened the regular meeting at 4:35 pm in Council Chambers with Dylan Johns, Bert Myrin, Roger Haneman and Ron Erickson present. Jasmine Tygre, Ruth Kruger and Jack Johnson were excused. Staffin attendance: David Hoefer, Assistant City Attorney; Joyce Ohlson, Julie Ann Woods, Scott Woodford, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF and PUBLIC COMMENTS Ron Erickson asked what happened With the ski easement agreement. David Hoefer replied that he would go over language at another point with Ron; the agreement needed to be made jointly. Bert Myrin asked if parking garages were allowed by right in the Commercial Core Zone, Joyce Ohlson replied that she would research parking structure. DECLARATION OF CONFLICTS OF INTEREST None stated. PUBLIC HEARING: BAVARIAN INN - INSUBSTANTIAL PUD AMENDMENT Eric Cohen opened the hearing on the Bavarian Inn Affordable Housing Subdivision/PUD Insubstantial Amendment. David Hoefer Stated that the notice met the jurisdictional requirements for the Commission to proceed. Joyce Ohlson explained that there was an insubstantial amendment to the PUD. Sunny Vann represented Four Peaks DevelOpment. The architecture changes were the discussion for a Public hearing with P&Zi Ohlson Utilized draWings for the location and provided the history of the PUD; the new design was a better one. Ohlson said that fewer materials were being used on the facades of the buildings; there was more definition and less complication to the design of the buildings. Ohlson said the first PUD site plan approval from P&Z included the open space, foOtprint of the buildings, height and views With no change to essential site plans for those or the roof, height or the Bavarian Inn without architectural changes. Ohlson said the Architectural character criteria was on page 5 and how it applied to this application. Staff requested approval with 2 conditions, which were reiterated from the final approval originally granted and not altered by this amendment. Sunny Vaun stated that the project originally had pitched roOfs and beCause requests from the neighborhood Portions of the project were redesigned with a better project. John Golumbus, architect, stated that there was a mishmash of 2 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2002 different materials; they have redesigned the outside materials and window fenestration to give a new look with corrugated metal at the base and a black metal band around the tops of the buildings. Samples of the materials were displayed. Dylan Johns asked if the material was hardy board. Golumbus replied that it was. hardy plank and was a material with low maintenance that held up well. Public Comments Cliff Weiss, public, stated that he lived in Villas of Aspen. Weiss asked if the hardy board was the same as the back of the 7th and Main housing. Golumbus replied that it was similar but with a smooth texture. Weiss said that he favored the stucco rather than 7th & Main industrial look. Golumbus explained the design with the different materials. Nancy Hendricks, public, asked what tYPe oftrim WoUld be Used. GolumbUs replied the darker trims framed with more limited sections of material; the framing was without masses of darker material. Hendricks asked if he would tell them that it wouldn't look like 7th and Main. Golumbus replied that he did not think it would look like 7th and Main. Herb Klein, public, stated that he likes the design changes because it gave more interest and a sense of quality. Klein encouraged the applicant to talk to Cliff and Nancy to address their concerns and agreed that the 7th and Main looked unfinished. Klein said that John said that the look would be more finished. MOTION: Ron Erickson moved to approve Resolution #33, series 2002 approving the proposed insubstantial amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) for the purPose of allowing a change in the architecture of those structures on Parcel 2 and the duplex on Parcel 1with conditions: 1. Within 60 days of this approval the applicant shall submit for recordation purposes the revised Bavarian Inn Subdivision/PUD plans reflecting this insubstantial amendment to the Community Development Department. 2. The provisions of City Council Ordinance No. 21, Series of 2001, approving the Final Bavarian Inn SubdivisiOn/pUD, in particul~ir, section 2 (2) haVing to do with dimensional requirements, shall remain in fulI force and effect and are nOt altered by this pUD amendment. Roger Haneman seconded. Myrin, yes; Johns, yes; Haneman, yes; Erickson, yes; Cohen, yes. APPROVED 5-0. Vann requested a change to the wording of the conditions in the resolution for clarification (as reflected in the above motion). ASPEN PLANNING & ZONING COMMISSION DECEMBER 3~ 2002 PUBLIC HEARING: RESIDENCES AT LITTLE NELL PUD Eric Cohen opened the public hearing for the Residences at Little Nell. David Hoefer stated that the affidavit of notice was provided, the commission had jurisdiction to proceed. Cohen noted that with a project of this magnitude there were specifics to this meeting on architecture, building height, building mass, site planning, setbacks, parking, off-site improvements, urban design and open space. David Hoefer commented that there would not be a final vote on any issue tonight. Joyce Ohlson noted the Planning & Zoning Commission went on a site visit today. Scott Woodford stated that this was a two-step process, after P&Z there will be a Council meeting and then final review with P&Z and Council. Woodford submitted letters from the public from Michael Johns, Debbi and Steve Falender and Joe Raczak into the record. Woodford said that the issues related to affordable housing would be discussed on the 7th of January along with rezoning, time-share and any outstanding items not covered. Woodford stated that this PUD was to (1) establish the open space and building height requirements for the proposed lodge, (2) to allow time-share lodge development, (3) establish the non-conforming dimensional standards for the single-family residences as conforming, (4) establish the non-conforming parcel of land to be conveyed to the applicant by the Aspen Skiing Company as a conforming parcel. The growth management quota system exemptions requests are for residential reconstruction credits to tourist accommodation units, replacement of demolished units under the Residential Multifamily Replacement Program and reconstruction of existing commercial square footage. These exemptions will provide the development rights for the time-share lodge units and commercial space. Subdivision is required to carve off the piece of land owned by the Aspen Skiing Company to be transferred to this site as well as for approval for the time-share units. The time-share units will be divided into 1/7 undivided partial interests and it is necessary that they meet the time-share criteria. Parking for the affordable housing is established under sPecial review; Several rezonings are contemplated, the SkiCo portion is proposed to be rezoned from Conservation to Commercial Lodge; Condominiumization is required. The current residential units being demolished are zoned LT-R and the proposal changes them to Commercial Lodge. The Specially Planned Area of the Little Nell SubdivisiOn is to be amended and an 8040 Greenline Review is required. Sunny Varm explained the basic site and parameters of the apPlication. The applicant was CWA, LLC a limited liability formed for the purpose of development and management of this property. The owner of the land was Aspen 4 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2002 Land Fund with CWA, a group of investors composed of Centurion Parmers, a limited liability company out of New Port Beach; Westpac, Aspen LLC, which is a development company out of San Luis Obispo; Aspen Blue Sky Holdings, which is an Aspen entity with Brooke Peterson, as representative. CWA assembled a number of the parcels, Tipple Inn, Tippler nightclub, Tippler parking lot, Tipple Lodge, the Anderman residence, Westpac residence and Jacoby residence. The applicant will acquire a parcel of land from the Aspen Skiing Company and also operate the resulting time-share lodge as an extension of the Little Nell Hotel. Any other operator could operate the time-share lodge but they prefer the Aspen Skiing Company. Vann stated that they would VolUntarily merge all the properties and then subdivide into 3 separate lotsl The bulk of the property is presently LT-R, the Ski Company parcel is Conservation with the lower portion had an SPA overlay, which was placed when the Gondola Plaza and Little Nell Hotel were developed. Vann stated that the 30-unit time-share lodge incorporated the new time-share regulations with one free-market owner from Tipple Inn that won't be part of the time-share, which will be a whole ownership unit. The rest of the units will be fractional. 2 single-family residehces Will re,in With an amendment io their i°t boundaries to make them conform to facilitate future ownership. The applicant will modify Dean Avenue to increase pedestrian friendiiness by removing the hump in the street and landscape from the Gondola P1aza, which will enhance the pedestrian access. There will be commercial retail space like the Little Nell with extensive public facilities, 2 restaurants and an outdoor plaza with a seamless flow of people from the Ski Area Base to the public areas of this facility. When the owners don't use their unit they will be available for nightly rental to the public at large. Vann stated that they would relocate the base of the Little Nell ski lift slightly to the east of the Gondola building, to accommodate the outdoor areas of their facility. Vann said lowering Dean Avenue will help the North of Nell commercial spaces and t© enhance their Pedestrian right of way. Scott Writer added there is a ski trail access to Durant, which will remain, be maintained and expanded across the slope as part of this proposal. Bill Poss, architect, introduced Kim Weil, and Michael Hamberg from his firm and Alan Gray from OTAK. Poss discussed the architecture and the urban design with the project on the ridge. Poss said that there was good access to the gondola and gondola plaza with retail space; the design was to create more public and pedestrian space in gondola plaza, restaurant and aprbs ski bar to create more life 5 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3~ 2002 at the base of the mountain. There will be a parking garage under the building with auto access off of Galena Street. Poss said there was an auto lobby and check-in space and although the building was residential it also operates as a hotel. There were 4 affordable housing units and spaces for the residential units; 2 story lobby space with a club lounge on the second floor with steps and ramps. There were multilevels of residences, 3 levels below grade and 2 levels of parking. The descriptiofi from flo°r plan was provided. Poss said that the design adds interest and vitality to the community with the rich history of Aspen mining by using patina and red sandstone and rubble rock from the site. Poss described and utilized drawings to describe the elements of the buildings and relationships to the community. There will be a waterfall feature with boulders from the site. Vann said that there would be few visual impacts from town as a whole because of the site going up the hillside, as viewed from the easterly portion of Galena; the height on Dean was reduced to 3 stories. Poss stated that the Dean Avenue side was considered the identity level with the restaurant and apres ski bar and possible second restaurant; the building steps back as it goes up the hill with ski in and out on both sides. Vann described the lOckout units with multi bedrooms that could be rented out independently with different configurations. Vann stated that there would be a model for the next meeting for the massing of the surrounding properties. Scott Woodford stated that staff liked the modulation of the facades. Staff concerns included the building height, using all of the allOWed FAR for site in the zone district, the zone district allows a 2 to 1 FAR. The Upper portion height is at 56 feet, but it is orientated towards the ski area side. There were concerns for the setbacks on the west property line and to establish a different type of open space requirement to the orientation of the street. The parking requirements meet code at one space per unit. Joyce Ohlson provided information on the conceptual PUD With 4 steps; P&Z makes the recommendations to City Council. Council reviews the concept; conceptual only means that the project can proceed to submit a final plan for review with very specifics addressed at that time. Ron Erickson asked if the heights were 40 feet or 56 feet. Vann replied that the finished grade at the building was 156 feet. Kim weii said the heights on the 6 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3; 2002 Galena side were higher. Vann said the heights vary on every elevation depending on the grade and elevation. Bert Myrin was concerned with the height, mass, setbacks, parking and asked how much these were being increased by develOping the property as a PUD. Vann responded that new PUD dimensional requirements were established using the underlying zone district as a guide. The proposed underlying district is CL with a 28 or 32 feet as the guide in determining the height of the building, vann said that the basis for the hotel lodge was that it was more appropriate for this site. There was a chart on page 21 of the staff report that shows the different dimensional requirements. Myrin asked about decks towards the ski slopes.. Weil replied that every unit had a deck. Myrin said that there would be noise and impacts from parking proposed and asked how they would be mitigated. Vann replied that the site was extremely constrained but the parking would be valet parking meeting the parking requirement from the code. The use of the garage should be less than the typical condominium project because of the location. Myrin asked if the view from Dean Street would cause a canyon effect. Vann replied the benefits outweigh the disadvantages for the development of a condominium; there will be a covered walkway over the retail. Roger Haneman asked the interior height of the restaurant and the reason for such a tall roof. Kim Weil responded that the restaurant roof height was to be able to look up the mountain and pointed at Bell Mountain; the roof was 25-28 feet. Vann said that it forms an architectural anchor. Scott Writer replied that it helps revitalize the area. Dylan Johns asked about the landscaping plan on the ski slope side; on page 26 the new grades were shown higher than the existing grades. Weil responded that the intent was to take the height down; the landscaPe architect said it was to be lower. Johns asked if the upper part of the slope was being controlled by the ski easement and how the terraced space was affected. Vann replied that the ski easement was at this spot (utilizing a mapJ and that they moved the ski lift over closer to the buildings. Vmm said there would be mitigation for the loss of trees with the city's tree mitigation program. Erickson asked if Lot 2 & 3 were non-conforming and what happened if they became conforming? Ohlson replied that if they remained non-conforming there were limitations to how much they could expand. Vann responded that the conforming issue was to remove the stigma of non-conformity for finance purposes and other considerations; there was no intent to increase the development potential over what existed; the same setbacks, height, FAR would be part.of the 7 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2002 approval. Vann said that the development potential would be established as part of the PUD approval. Vann stated that exact building heights on the single family's would be of record at final; if the residences were t° be expanded in the future the PUD would have to be amended. Erickson requested more information on Lots 2 & 3. Eric Cohen stated the applicant said Dean Avenue right-of-way would be a pedestrian walkway for the new entrance to the building; he asked how the pedestrian/auto mix would flow. Vann replied that it was not a vacated right-of- way, there was parking located there and emergencY vehicle access with a 20-foot clear corridor between the trees. Vann answered that there was a pedestrian area that was the same as Regis where vehicles cross the pedestrian corridors; the public access mitigating factor was controlled by the valet parking. Vann said that just like the Little Nell there would be bollards at the entrance to Dean Avenue with less traffic than what was there today. Cohen stated that he thought there would be more cars, because of the Grand Aspen and the number of people going there, and an increase in the number of service vehicles. Scott Writer said that there was validity to what he said but they were trying to bring in a hotbed project on this location. Vann stated that they could take another look at the concern with a signage program or look at north side of the right-of-way maybe with the pedestrian Cohen recommended that rather than have the Valet parking coming through Dean Avenue and back onto Galena and then underground, maybe the traffic should flow the other way from the Main Entrance to where the additional 3 parking spaces were located, then the valet vehicles would never have to go back onto Dean and Galena. MOTION: Ron Erickson moved to continue this meeting to 7:30 pm; seconded by Bert Myrin. APPROVED 5z0, Public comments: Lisa Blake, public, said that this looks like a great project and is needed for town; this was an amenity that we can all use. Lennie Oates, public, stated that he was counsel for North of Nell Condominium Association. Oates agreed with Eric Cohen's comment on the traffic flow and that the traffic flow should at least go clockwise rather than counter clockwise. Oates said that he wanted to make sure that all of the issues are open for discussion on Jan 7th. Oates asked to clarify the height of restaurant 25-28 feet at an inside height; he asked what the exterior height was at the very northeast comer. Oates asked when the 8040 Greenline would be discussed. Ohlson replied the 8040 Greenline Review would be at final review. Oates stated that there would need to 8 ASPEN PLANNING & ZONING COMMISSION DECEMBER 3~ 2002 be careful consideration paid to structural issues relating to the re-grading of Dean Street because it would go right up to the building structure of the North of Nell; the re-grading could have potential damage to North of Nell and needed to be handled carefully; he requested reviewing the plans on that issue. Steve Falender, public, utilized Galena Street drawings to show his residence that abuts the site; his letter was included in the packet. Falender asked about the development potential with the proposed CL zoning rather than what would be allowed with the current LTR zoning; he said the comparison was essential in this project. Falender said that the slope was 30%; he spoke of the construction of the site impacting the surrounding existing buildings. He said 35% was currently conservation. Falender wanted a comparison of LTR to CL; he said that there was no relationship of the mass of the building to the setbacks. Falender voiced concern for the impacts of this project on the adjacent properties and the lack of fire access to the one end of the site with a confined area. Cohen reiterated the questions from the public regarding the exterior height of the northeast comer at the restaurant, Klm Well replied that on page 24 of the staff report the height was five feet below the ridge at 40 feet 6 inches from re-graded Dean Street. Cohen asked if staff could show the difference between the allowable height and FAR given the existing zoning versus the proposed zoning. Woodford replied that Mr. Falender actually wanted the actual square footage and number of living units; the impacts from construction and emergency access were guided by fire code and building code. Vann replied that a detailed engineering plan will be provided to the North of Nell Condominium Association and could be in the conditions of approval. Myrin asked where the access for service was located. Vann replied the access for delivery and service was through the garage where there was a loading dock. Cohen stated that the clockwise entrance was a better solution in conjunction with the concerns of the North of Nell. MOTION: Ron Erickson moved to continue the public hearing on the Residences at the Little Nell to January 07, 2003; seconded by Bert Myrin. APPROVED 5-0. The meeting adjourned at 7:20 p.m. ~. , Jackie Lothian, Deputy City Cler~ ~~ 9