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AGENDA
ASPEN HISTORIC PRESERVATION COMMISSION
REGULAR MEETING
January 25, 2017
4:30 PM City Council Meeting Room
130 S Galena Street, Aspen
I. SITE VISITS
A. Please visit 517 E. Hyman on your own.
II. 4:30 INTRODUCTION
A. Roll call
B. Approval of minutes
January 13th Draft Meeting Minutes
C. Public Comments
D. Commissioner member comments
E. Disclosure of conflict of interest (actual and apparent)
F. Project Monitoring
G. Staff comments
H. Certificate of No Negative Effect issued
I. Submit public notice for agenda items
J. Call-up reports
K. HPC typical proceedings
III. OLD BUSINESS
A. 403 and 447 E. Cooper Avenue- Conceptual Major Development, Conceptual
Commercial Design, Demolition and Viewplane Review, CONTINUE PUBLIC
HEARING TO APRIL 12, 2017
IV. 4:40 NEW BUSINESS
A. 232 E. Main- Final Major Development, Final Commercial Design, and Growth
Management Review, CONTINUE PUBLIC HEARING TO FEBRUARY 8,
2017
B. 4:40 517 E. Hyman- Substantial Amendment to an HPC Approval, PUBLIC
HEARING
C. 5:10 Discuss priorities for February 22nd HPC Retreat
V. 5:30 ADJOURN
Next Resolution Number:
TYPICAL PROCEEDING- 1 HOUR, 10 MINUTES FOR MAJOR AGENDA ITEM, NEW
BUSINESS
Provide proof of legal notice (affidavit of notice for PH)
Staff presentation (5 minutes)
Board questions and clarifications (5 minutes)
Applicant presentation (20 minutes)
Board questions and clarifications (5 minutes)
Public comments (close public comment portion of hearing) (5 minutes)
Applicant Rebuttal
Chairperson identified the issues to be discussed (5 minutes)
HPC discussion (15 minutes)
Motion (5 minutes)
*Make sure the motion includes what criteria are met or not met.
No meeting of the HPC shall be called to order without a quorum consisting of at least four (4)
members being present. No meeting at which less than a quorum shall be present shall conduct
any business other than to continue the agenda items to a date certain. All actions shall require
the concurring vote of a simple majority, but in no event less than three (3) concurring votes of
the members of the commission then present and voting.
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF
JANUARY 13, 2016
Chief Deputy City Clerk, Kathy Strickland called the meeting to order at 4:30 p.m. Commissioners in
attendance were John Whipple, Jeffrey Halferty, Nora Berko, Bob Blaich, Jim DeFrancia, Gretchen
Greenwood, Robert Lai and Roger Moyer.
Staff present:
Andrea Bryan, Assistant City Attorney
Amy Simon, Historic Preservation Planner
Justin Barker, Senior Planner
Kathy Strickland, Chief Deputy Clerk
Nicole Henning, Deputy City Clerk
MOTION: Chairperson Pember moved to approve minutes from Dec 14th, 2016. Ms. Berko had a change
to page 13 “council” to “counsel”, second by Mr. DeFrancia. All in favor, motion carried.
PUBLIC COMMENT: Mr. Pember asked for any public and there was none.
COMMISSION MEMBER COMMENTS: Mr. Pember asked for any Commission member commentary. Ms.
Berko welcomed new year and new members. Mr. Pember. mentioned a story he read on Facebook
regarding the Dept of Interior designating 24 Historical sites around the country. . Noteworthy to
Preservation.
Welcoming of new members. Introduction of Ms. Henning, Mr. Lai and Mr. Moyer.
STAFF COMMENT: Ms. Simon mentioned a change to the agenda. First item being continued to January
25th, 2017. Reminded everyone of HPC retreat February 22nd, 2017. 5-7 pm. 4-5:00 pm for Chairs. Mr.
Pember asked for email verification of everything. Ms. Simon answered yes.
Mr. Pember asked for any Certificates of No Negative Effect: Ms. Simon answered none. Mr. Pember
asked for any Call Ups. Ms. Simon answered None and that we were supposed to have one last night for
the Red Onion/Bidwell project, but it was pushed off to February so nothing yet.
Mr. Pember asks about any old business items, none. He then asks about new business Item B. Ms.
Simon said the applicant wants to significantly change the design and have submitted for conceptual,
however, this afternoon the applicant let her know they want to continue. Ms. Simon explained to Ms.
Bryan that she has two public notices, one for final and one for conceptual. Both noticing for a hearing
tonight. The item is going to continue conceptual review. Ms. Greenwood asks how Ms. Simon is going
to manage this since they took up the December 14th meeting, this meeting and the next meeting. What
about other items on the schedule? It seems out of sync with what we’re being told. Ms. Simon stated
that in this case, the applicant gave up other spots that he had taken for other projects and that it is very
complex.
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II.B.
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF
JANUARY 13, 2016
MOTION: Mr. DeFrancia moved to continue to January 25th, seconded by Mr. Pember. All in favor,
motion carried
Ms. Simon asked to collect the drawings for Item B so they can be handed out next time.
Mr. Moyer asked if the package is likely to change. Ms. Simon replied no.
Mr. Pember announces second item of new business and calls upon Mr. Barker and then asks if
everyone has had a chance to review the new guidelines.
Mr. Barker introduces himself to the new members and says he as been serving as project staff lead on
the Commercial Design Update since April of last year. They have been working with two local firms on
this project; Bendon & Adams and Rowland & Broughton. The previous drafts have come before HPC in
the fall; Oct 19th, 2016 and Nov 2nd, 2016. On these dates, the document was broken up into two pieces
and on Nov 16th, 2016, the full version was provided. Dec 12th, 2016 City Council went over the
document as well as a public outreach meeting and one with P&Z. There are a number of changes HPC
had suggested previously. The changes are highlighted in the memo and he is happy to go over them.
Chamfered corners are being addressed and they were brought up by a member of the public in a City
Council meeting. Council determined it should remain a guideline and not a requirement and evaluated
on a case by case basis. Another issue was with building frontages and how much of the building façade
needs to be at the property line in the Commercial Core. Council felt there should be more of a leeway
than the 70% requirement that is listed in the guidelines today. It was decided that 70% would remain
the minimum for properties on the pedestrian mall and to relax a little for other Core properties to a
50% minimum so that is also listed in the current guidelines. Another discussion point was related to
the Pedestrian Amenity requirement for the pedestrian malls. The way the code language is written
right now, in draft form, is that the pedestrian malls would be required to provide a 100% cash in lieu for
their pedestrian amenity unless they wanted to do some other form, then it would go to City Council as
an additional requirement for review. There is discussion about the interior courtyard amenity as well.
Our request for tonight is to pass a motion related to the resolution as a formal blessing or approval to
recommend that Council adopt the guidelines document. The anticipated finalization of this product
would be to go to P&Z Commission next week for their approval and that Council will adopt this either
on Jan 23, 2017 or Jan 24, 2017.
Mr. Pember asks if this is still a draft or a final document. Ms. Simon said that it is a quickly moving
target and they would still like to make some edits before January 23, 2017. Mostly minor
wordsmithing, but we would like your acceptance of this tonight. The document will look better than
this by the time it gets to Council.
The members discuss the standards versus guidelines at length. Ms. Greenwood asks if they can read
over a revised copy and vote by email. She then suggests that they can agree in concept and potentially
pass a resolution based on their suggestions. Ms. Simon suggests a working lunch meeting so they can
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II.B.
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF
JANUARY 13, 2016
look over the revised document. Mr. Whipple doesn’t feel that it’s fair to the community to rush
through this because of the moratorium.
Ms. Simon comments that either you would be passing a resolution tonight entrusting us to come up
with the document you want or we can have one more meeting where you can take that vote with a
little more confidence.
Mr. DeFrancia mentions that we could take the vote and come up with a subcommittee to look over the
document.
Mr. Pember says that it violates open meetings of the board and isn’t allowed.
Ms. Greenwood says we are an advisory board and should leave it up to Ms. Simon and Mr. Barker to
edit the document. The content is good; it just needs to be reorganized.
Mr. DeFrancia proposes a motion. Mr. Pember says there is no motion to be made.
MOTION: Mr. DeFrancia says there is a motion in order and motions to approve Resolution 1 with staff
making the advised changes. Mr. Pember comments that it will be brought back to HPC. Ms.
Greenwood seconds. Mr. DeFrancia says that defeats the purpose to bring back to HPC and we are
deferring to staff with confidence. Mr. Pember agrees and states that the message is more concision
and less subjectivity.
Mr. Whipple makes a friendly amendment to revisit the standards every four years.
Mr. Pember asks Ms. Simon if this seems like deja vu all over again regarding the subject that Mr.
Whipple raised. Ms. Simon agrees and says they may not want to address this anytime soon again.
Mr. Halferty recommends that we respect staff’s time and the work that has been put into the
document.
Mr. Whipple says he is happy to redact his friendly amendment.
Commission Member Vote: Mr. DeFrancia, yes; Ms. Berko, yes; Mr. Pember, yes; Mr. Blaich, yes; Mr.
Halferty, yes; Mr. Whipple, yes; Ms. Greenwood, yes; Motion carried 7-0.
Ms. Simon says we need to do our own elections regarding new business Item C.
Mr. Pember takes his name out of consideration for Chair or Vice Chair.
Mr. DeFrancia nominates Mr. Halferty.
Ms. Berko nominates Ms. Greenwood.
Mr. Whipple has left room for a phone call.
Ms. Greenwood accepts either nomination.
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II.B.
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF
JANUARY 13, 2016
Mr. Halferty accepts nomination.
Mr. DeFrancia suggests the person with the most votes is Chair and the other Vice Chair.
Mr. Pember nominates Mr. DeFrancia, but he declines.
Mr. Whipple has returned; voting commences.
5 votes Mr. Halferty; 3 votes Ms. Greenwood; Mr. Halferty is Chair and Ms. Greenwood is Vice Chair
Mr. Lai did not vote.
MOTION: Mr. Whipple moved to adjourn, seconded by Mr. DeFrancia. All in favor motion carried.
Meeting adjourned at 6:42 p.m.
__________________________________
Nicole Henning, Deputy City Clerk
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II.B.
1
MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Historic Preservation Officer
RE: 517 E. Hyman Avenue- Substantial Amendment to an HPC Approval, PUBLIC
HEARING
DATE: January 25, 2017
______________________________________________________________________________
SUMMARY: In August 2013, HPC approved
a remodel of the former Little Annie’s
restaurant. HPC is now asked to grant the
applicant’s request to delete rooftop
improvements from the scope of the project.
APPLICANT: Aspen Core Ventures, LLC,
represented by Rybak Architecture and
Development and Stan Clauson Associates.
PARCEL ID: 2737-182-24-002.
ADDRESS: 517 E. Hyman Ave., Lot 1, Aspen
Core Subdivision, City and Townsite of Aspen.
ZONING: CC, Commercial Core.
SUBSTANTIAL AMENDMENT
26.415.070.E.2 Substantial amendments.
a) All changes to approved plans that materially modify the location, size, shape, materials,
design, detailing or appearance of the building elements as originally depicted must be
approved by the HPC as a substantial amendment.
b) An application for a substantial amendment shall include the following materials, as
determined appropriate by the Community Development Director:
(1) A revised site plan.
(2) Revised scaled elevations and drawings.
(3) Representations of building materials and finishes.
(4) Photographs and other exhibits to illustrate the proposed changes.
c) The Community Development Director shall review the application materials submitted for
approval of a substantial amendment and waive any submittals not considered necessary for
consideration. If they are determined to be complete, the applicant will be notified in
writing of this and a public hearing before the HPC shall be scheduled.
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IV.B.
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d) Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b and
c.
e) Staff shall review the submittal material and prepare a report that analyzes the extent of
the changes relative to the approved plans and how the proposed revisions affect the
project's conformance with the design guidelines and other applicable Land Use Codes.
This report will be transmitted to the HPC with relevant information on the proposed
revisions and a recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation.
f) The HPC will review the application, the staff analysis report and the evidence presented
at the hearing to determine the project's conformance with the City Historic Preservation
Design Guidelines. The HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision to
approve or deny.
Staff finding: The subject building sits on a larger property that includes the Benton Studio and
the Aspen Core Building. During a 2012 negotiation between the property owner and City
Council to designate Benton Studio and the Little Annie’s structure as AspenModern historic
resources, an agreement was made that the restaurant space would be deed restricted in perpetuity
to function as a “low priced restaurant.” This is enforced through limitations on the rent that may
be charged and the requirement that menu be reviewed periodically to ensure that affordable
options are offered. The property owner was not considering any specific physical improvements
to the restaurant at that time (Little Annie’s was in operation).
In 2013, while the restaurant was struggling, the property owner approached HPC with a remodel
proposal which involved a significant remodel; lowering the interior floor level of the restaurant
to meet sidewalk grade for accessibility, replacing the interior with a new kitchen and dining
area, new bathrooms, and rooftop improvements including an outdoor bar, bathrooms and
storage. The applicant has submitted a building permit for this work, however as they have
sought a new restaurant tenant, they are reconsidering the extent and feasibility of the project.
The applicant requests HPC approval to delete all of the rooftop improvements that have been
contemplated, other than mechanical equipment. While the rooftop deck could have provided an
amenity to customers, it was not required by HPC and neighbor’s did oppose the idea at the HPC
hearing. The applicant intends, as part of this process, to frame a new roof structure overtop of
the existing as a means to address current building code requirements. The CMU sidewalls are
to be increased in height by four courses, but this will not be visible due to the abutting buildings
and the parapet at the front of the subject structure. The CMU walls will be capped with an
aluminum coping. Roof drainage at the front of the building will be managed with new gutter
and downspouts (please note that the building was constructed past the front property line, a
condition that will remain). Staff supports these improvements.
Demolition and reconstruction of the rear portion of the existing structure, which can be seen on
the attached plans, was previously contemplated and approved by HPC as part of the building
renovation. The previous approval also included refurbishment of existing façade materials as
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described in this application, and replacement of the front door in order to meet the new, lowered
threshold.
The only design guidelines applicable to this reduction to the approved project relate to the
location of mechanical equipment on the roof, which has not yet been specified a new exterior
lighting plan, which requires HPC review. Staff finds the proposed light fixtures to meet the
design guidelines and recommends approval.
______________________________________________________________________________
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
______________________________________________________________________________
RECOMMENDATION: Staff recommends HPC approve the proposed amendment. A
condition of approval regarding future review of mechanical equipment is included.
Exhibits:
Resolution #___, Series of 2017
A. Design guidelines
B. Application
Exhibit A: Relevant Historic Preservation Design Guidelines for 517 E. Hyman Avenue,
Minor Development and Partial Demolition
6.58 The roofscape should be designed with the same design attention as the
secondary elevations of the building.
• Group and screen mechanical units from view.
• Locate mechanical equipment to the rear of the roof area.
• Position, articulate and design rooftop enclosures or structures to reflect the
modulation and character of the building.
• Use materials which complement the design of the building façades
• Design roof garden areas to be unobtrusive from the street.
• Use 'green roof' design best practice, where feasible.
14.15 Minimize the visual impacts of mechanical equipment as seen from the public way.
• Mechanical equipment may only be installed on an alley facade, and only if it does not
create a negative visual impact.
• Mechanical equipment or vents on a roof must be grouped together to minimize their
visual impact. Where rooftop units are visible, provide screening with materials that are
compatible with those of the building itself.
• Screen ground-mounted units with fences, stone walls or hedges.
• A window air conditioning unit may only be installed on an alley facade, and only if it
does not create a negative visual impact.
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• Use low-profile mechanical units on rooftops so they will not be visible from the street or
alley. Also minimize the visual impacts of utility connections and service boxes. Use
smaller satellite dishes and mount them low to the ground and away from front yards,
significant building facades or highly visible roof planes.
• Paint telecommunications and mechanical equipment in muted colors that will minimize
their appearance by blending with their backgrounds.
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IV.B.
HPC Resolution #__, Series of 2017
517 E. Hyman Avenue
Page 1 of 2
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A SUBSTANTIAL AMENDMENT TO A PREVIOUS APPROVAL FOR
MINOR DEVELOPMENT AND PARTIAL DEMOLITION FOR THE PROPERTY
LOCATED AT 517 E. HYMAN AVENUE, LOT 1, ASPEN CORE SUBDIVISION, CITY
AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #__, SERIES OF 2017
PARCEL ID: 2737-182-24-002
WHEREAS, the applicant, Aspen Core Ventures, LLC, represented by Rybak Architecture and
Development and Stan Clauson Associates, has requested a Substantial Amendment to a
previously granted approval to remodel the property at 517 E. Hyman Avenue. The approval was
granted via HPC Resolution #25, Sesries of 2013. The subject property is a designated landmark
and located within Commercial Core Historic District; and
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;” and
WHEREAS, for a Substantial Amendment the HPC must review the application, a staff analysis
report and the evidence presented at a hearing to determine the project’s conformance with the
City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.C of the
Municipal Code and other applicable Code Sections. The HPC may approve, disapprove,
approve with conditions or continue the application to obtain additional information necessary to
make a decision to approve or deny; and
WHEREAS, Amy Simon, in her staff report dated January 25, 2017, performed an analysis of
the application and recommended that the review standards and the “City of Aspen Historic
Preservation Design Guidelines” were met, with conditions; and
WHEREAS, during a duly noticed public hearing on January 25, 2017, the Historic Preservation
Commission considered the application, found the application was consistent with the applicable
review standards and guidelines and approved the application with conditions by a vote of __ to
__.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves a Substantial Amendment to the HPC approval for renovation of 517
E. Hyman Avenue with the following conditions:
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HPC Resolution #__, Series of 2017
517 E. Hyman Avenue
Page 2 of 2
1. A roof plan indicating location, size and screening of mechanical equipment for the
building must be reviewed and approved by staff and monitor prior to submittal for
building permit.
APPROVED BY THE COMMISSION at its regular meeting on the 25th day of January,
2017.
Approved as to Content:
HISTORIC PRESERVATION COMMISSION
_________________________________________
Jeffrey Halferty, Chair
Approved as to Form:
____________________________________
Andrea Bryan, Assistant City Attorney
ATTEST:
___________________________
Nicole Henning, Deputy City Clerk
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