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ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
MINUTES .................................................................................................................2
DECLARATION OF CONFLICTS OF INTEREST ............................................... 2
LODGE AT ASPEN MOUNTAIN CONCEPTUAL PUD AND TIMESHARE.... 2
530 and 532 WEST HOPKINS COURTHOUSE VIEWPLANE EXEMPTION .... 3
1560 SIL VERKING DRIVE - VARIANCES FROM BUILDING
ORIENTATION AND SECONDARY MASS RESIDENTIAL DESIGN
STANDARDS ........................................................................................................... 6
1
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Jasmine Tygre opened the special Planning and Zoning Commission Meeting in
the Library at 4:40 p.m. Commission Members Brian Speck, Steve Skadron,
Dylan Johns (recused for 1560 Si1verking) and Jasmine Tygre were present. Jack
Johnson, Ruth Kruger, and John Rowland were excused for the Lodge at Aspen
Mountain. Brandon Marion was excused. Staff in attendance were James Lindt,
Community Development and Jackie Lothian, Deputy City Clerk.
MINUTES
MOTION: Dylan John moved to approve the minutes from February 15, 2005;
seconded by Steve Skadron. Approved 3-0 (Jasmine abstained).
DECLARATION OF CONFLICTS OF INTEREST
Ruth Kruger, Jack Johnson and John Rowland were conflicted on the Lodge.
Dylan Johns was conflicted on 1560 Si1verking Variances.
CONTINUED PUBLIC HEARING (04/05/05):
LODGE AT ASPEN MOUNTAIN CONCEPTUAL PUD AND TIMESHARE
Jasmine Tygre opened the continued hearing on the Lodge at Aspen Mountain for
the winter street maintenance plan. James Lindt noted the remainder of the project
would be heard on May 10th. Lindt distributed the winter maintenance proposal
from Schmueser with a few options. Lindt said the options proposed by the
applicant were (1) to provide funding for an additional streets department
employee and equipment; (2) to maintain South Aspen Street themselves and to
provide additional sanding and plowing on South Aspen Street and (3) to use a
chemical deicer (mag-chloride) for the ice problem. Staff reviewed these options
and the city engineer said mag-chloride was the best option to keep ice off of South
Aspen Street or the funding for an additional employee. The city engineer did not
desire the applicant taking over the maintenance of South Aspen.
Sunny Vann said the street had the capacity to carry the traffic generated; the
winter conditions reduce the functionality of the street to a point where safety
related issues arise with the street in the current configuration. Vann said they
tried to design this facility to minimize traffic on South Aspen Street. Vann said
the long term solution may come before this project reaches final approvals; they
were looking for a recommendation from P&Z to pass along to City Council.
Jay Hammond, Schmueser, stated that the project would fund a partial person to
maintain the street as a short term solution.
Vann said this area was part of the master plan for lodging at the base of the
mountain. Vann noted the street was at a steep grade.
2
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Skadron asked what the city position was on the use of mag-chloride. Lindt
replied that it was not allowed.
Dylan Johns asked if all chemicals were not allowed. Lindt replied all chemicals
were not allowed; only sand was allowed. Johns asked the boundaries of the
district. Vann replied that most of the street improvements were on the west side
of South Aspen Street and both sides of Juan Street. Tygre asked if the
improvement district was voluntary. Lindt replied yes, most of the time. Jay
Hammond stated that you can force membership in an improvement district legally
but it almost never happens.
Joyce Allgaier said the heart of the entire issue was in the criteria for judging the
PUD. Allgaier said there were technical maintenance issues for P&Z to comment
on. Lindt stated that Nick Adeh and Jerry Nye recommended the use of mag-
chloride or imbedded chemical deicers, which would release as vehicles rolled
over them used to make South Aspen Street safer and increased maintenance in the
short term to make the street safer.
No public comments.
The commission discussed the use of chemical deicers, imbedding the chemical
deicers and ifthere was enough traffic to trigger that imbedded deicer. Johns said
it was possible to make this street safe if increased maintenance works then great
but there should be flexibility options available. Skadron said that he needed more
information. Brian Speck asked ifthere were any examples of imbedded chemical
deicers in the city. Lindt replied he did not think there were any examples in the
surrounding communities or the city. Speck said the safety issue was more
important than the mag-chloride possible risks. Speck wanted more information
on the environmental effects of mag-chloride. Tygre said she had no strong
opinions on this issue.
MOTION: Dylan Johns moved to continue the public hearing on the Lodge at
Aspen Mountain to May ](jh; seconded by Brian Speck. All infavor; approved.
PUBLIC HEARING:
530 and 532 WEST HOPKINS COURTHOUSE VIEWPLANE EXEMPTION
Jasmine Tygre opened the public hearing on the Court House view plane
exemption for the Conner Cabins. Proof of notice was provided. Jack Johnson,
Ruth Kruger and John Rowland joined the commission.
3
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
James Lindt explained the request was for a Mountain View plane exemption to
construct 31 foot tall expansions to each of the Conner Cabin sites; the 2 western
most cabin sites were subject to the view plane review. P&Z was the final
reviewing authority on this view plane review. The 3 existing cabins would be
converted into office space and single family residences would be constructed on
the rear of each of the cabin properties. The applicant provided photo simulations
of what the property would look like. Staff believed that there were certain view
planes were already obstructed like St. Mary's Church and the Aspen Plaza
Building (comer of Hunter and Hopkins). Staffrecommended approval since the
view plane was already obstructed.
Mitch Haas and Michael Noda represented the applicant, Greg Hills with Austin
Lawrence Partners. Haas spoke about the neglected property and thought about
this as a rescue effort. Haas said HPC looked at the historic original character of
the buildings and there was a separation between the restored and new buildings.
Michael Noda, Oz Architecture, said the new architecture fit in with the town area
of Aspen; they worked with HPC and pushed back the third floor and were 15 feet
below the 46 foot height limit of the commercial core. Noda said there was half
the FAR and it was important to keep the miners cabins. Noda said there were
photo simulations in the booklet of the view plane. Haas reiterated they were 15
feet below the allowed height limit and half of the FAR allowed.
Haas explained that this project falls within the same view plane that the rectory
was in and the illustrations show a great effort to not over build the project.
Tygre reminded the commission and members of the public that P&Z had a very
specific review - Mountain View Plane.
Jack Johnson asked for a review of the Mountain View Plane. Lindt replied there
were 2 view planes discussed from the courthouse steps and to the east of the Court
House with the origination point was between 5 and 6 feet. Haas also explained
view plane reference 1 and 2 from the packet materials; the view planes overlap.
Michael Noda utilized the photo simulation of the view plane.
Ruth Kruger asked how tall the Aspen Plaza Building was. Lindt replied it was 3
stories but did not know the height. Dylan Johns asked what view plane 2 was
aimed at. Lindt replied it was cocked to the east of Little Nell.
John Rowland asked if there was a reason a roof plan was not submitted and what
type of elevator system was being proposed. Haas replied that it will fit within the
roof plan.
4
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Public Comments:
1. Toni Kronberg, public, said that she supported development but the Aspen
Area Community Plan talked about preserving the small town views. Kronberg
said this was a protected view plane and she spoke about all of the building in town
blocking the light and sunshine. Kronberg asked for story poles and said that this
project was in the protected view plane.
2. An unidentified gentleman, public, spoke in favor of the view plane
exemption.
3. Patsy Hicks, public, stated that she represented the Concept 600 and spoke
against the view plane exemption.
4. Claude Conner, public, said that he had a vested interest in this project and
he did not remember anyone asking his grandmother's permission to build in front
of her house when the buildings across the street were built. Conner said that the
two western most lots 530 and 532 are no higher than the new employee housing
built by St. Mary's Church; he said the trade off was that everybody benefits from
this project going through. Conner encouraged passing this project.
MOTION: Brain Speck moved to approve a Mountain View Plane exemption
from the two designated Court House View Planes to allow for the construction of
a thirty-one foot tall addition to each of the two westernmost Conner Cabin
properties located at 530 and 532 East Hopkins Avenue, on the east 7'6" of Lot P,
and all of Lots Q and R, Block 93, City and Town site of Aspen. Seconded by John
Rowland. Roll call vote: Johns, no; Johnson, no; Skadron, no; Rowland, yes;
Kruger, no; Speck, yes; Tygre, no. Motion failed, 5-2.
Discussion of motion: Johnson stated that he could not support the motion
because he felt it should come under PUD. Skadron said there was not enough
information. Allgaier said there was evidence of where the view plane was located
but asked ifthere was a likelihood of redevelopment to occur to reopen the view
plane. Johnson asked how many feet does the building go into the view plane.
Haas replied it was either 11 or 13 feet depending on the view plane. Kruger said
that she was conflicted. Johns said that view plane 1 has a negligible impact
because of the rectory addition and view plane 2 was confusing. Rowland said he
felt the view plane was violated in many occasions and this was not an adequate
tool for urban design. Rowland would support the decision of staff based on the
criterion. Tygre said that she agreed with Dylan on view plane I but was
concerned about view plane 2 and without further evidence she found it
unacceptable. Lindt stated that a story pole could be placed on the site. Kruger
asked if the vitality or the loss of 10 feet of view plane was more important.
5
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Haas said they would supply additional photos and story poles on the site.
MOTION: Jack Johnson moved to reconsider the Mountain View Plane for 530
and 532 East Hopkins to provide additional materials; seconded by Steve Skadron.
Roll call vote: Rowland, yes; Speck, yes; Skadron, yes; Kruger, yes; Johns, yes;
Johnson, yes; Tygre, yes. APPROVED 7-0.
MOTION: Steve Skadron moved to continue the Mountain View Plane for 530
and 532 East Hopkins to April 19, 2005; Dylan Johns seconded. All in Favor, 7-0.
PUBLIC HEARING:
1560 SILVERKlNG DRIVE - VARIANCES FROM BUILDING
ORIENTATION AND SECONDARY MASS RESIDENTIAL DESIGN
STANDARDS
Jasmine Tygre opened the public hearing on 1560 Si1verking variances. The notice
and mailing were in order and posted. Dylan Johns recused himself.
MOTION: Ruth Kruger moved to extend the meeting to 7:15pm; seconded by
John Rowland. All infavor, APPROVED.
James Lindt stated the requested variances were from Building Orientation and
Secondary Mass Residential Design Standards. The front fa9ade was off go from
being parallel to the street and the secondary mass was not met. Lindt noted many
other residences in the neighborhood did not meet the secondary mass so this
residence was in context with the neighborhood.
Keith Howard was the representative for the applicant; Briston Peterson and
Rebecca were the duplex owners. Howard explained the lot was on a curve and
they were asking for a variance of 42 inches. Howard said the reason they were
asking for the go variance was to perfectly align with Pyramid Peak. Peterson
added that they wanted to be sensitive that the building parallels the grade of the
mountain side to minimize the impact of scaring on the hillside; this proposal
parallels the elevations as the mountain goes up and will not obstruct the views of
the neighbor to the west. The structure steps into the hill and was located 75 feet
from the street.
Jack Johnson asked how the existing structure was orientated to the street. Howard
replied that it was on the go angle also.
No public comments.
6
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
MOTION: Ruth Kruger moved to approve Resolution #15, Series of 2005,
approving variances from the building orientation and secondary mass residential
design standards to construct a duplex at 1560 Silverking Drive meeting both
criteria. Seconded by Brian Speck. Roll call vote: Johnson, yes; Skadron, yes;
Speck, yes; Kruger, yes; Rowland, yes; Tygre, yes. All infavor, APPROVED 6-0.
Meeting adjourned at 7:15pm.
7
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
MINUTES .................................................................................................................2
DECLARATION OF CONFLICTS OF INTEREST ...............................................2
LODGE AT ASPEN MOUNTAIN CONCEPTUAL PUD AND TIMESHARE.... 2
530 and 532 WEST HOPKINS COURTHOUSE VIEWPLANE EXEMPTION .... 3
1560 SIL VERKING DRIVE - VARIANCES FROM BUILDING
ORIENTATION AND SECONDARY MASS RESIDENTIAL DESIGN
STANDARDS ........................................................................................................... 6
1
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Jasmine Tygre opened the special Planning and Zoning Commission Meeting in
the Library at 4:40 p.m. Commission Members Brian Speck, Steve Skadron,
Dylan Johns (recused for 1560 Silverking) and Jasmine Tygre were present. Jack
Johnson, Ruth Kruger, and John Rowland were excused for the Lodge at Aspen
Mountain. Brandon Marion was excused. Staff in attendance were James Lindt,
Community Development and Jackie Lothian, Deputy City Clerk.
MINUTES
MOTION: Dylan John moved to approve the minutes from February 15, 2005;
seconded by Steve Skadron. Approved 3-0 (Jasmine abstained).
DECLARATION OF CONFLICTS OF INTEREST
Ruth Kruger, Jack Johnson and John Rowland were conflicted on the Lodge.
Dylan Johns was conflicted on 1560 Silverking Variances.
CONTINUED PUBLIC HEARING (04/05/05):
LODGE AT ASPEN MOUNTAIN CONCEPTUAL PUD AND TIMESHARE
Jasmine Tygre opened the continued hearing on the Lodge at Aspen Mountain for
the winter street maintenance plan. James Lindt noted the remainder of the project
would be heard on May 10th. Lindt distributed the winter maintenance proposal
from Schmueser with a few options. Lindt said the options proposed by the
applicant were (1) to provide funding for an additional streets department
employee and equipment; (2) to maintain South Aspen Street themselves and to
provide additional sanding and plowing on South Aspen Street and (3) to use a
chemical deicer (mag-chloride) for the ice problem. Staff reviewed these options
and the city engineer said mag-chloride was the best option to keep ice off of South
Aspen Street or the funding for an additional employee. The city engineer did not
desire the applicant taking over the maintenance of South Aspen.
Sunny Vann said the street had the capacity to carry the traffic generated; the
winter conditions reduce the functionality of the street to a point where safety
related issues arise with the street in the current configuration. Vann said they
tried to design this facility to minimize traffic on South Aspen Street. Vann said
the long term solution may come before this project reaches final approvals; they
were looking for a recommendation from P&Z to pass along to City Council.
Jay Hammond, Schmueser, stated that the project would fund a partial person to
maintain the street as a short term solution.
Vann said this area was part of the master plan for lodging at the base of the
mountain. Vann noted the street was at a steep grade.
2
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Skadron asked what the city position was on the use of mag-chloride. Lindt
replied that it was not allowed.
Dylan Johns asked if all chemicals were not allowed. Lindt replied all chemicals
were not allowed; only sand was allowed. Johns asked the boundaries of the
district. Vann replied that most of the street improvements were on the west side
of South Aspen Street and both sides of Juan Street. Tygre asked if the
improvement district was voluntary. Lindt replied yes, most of the time. Jay
Hammond stated that you can force membership in an improvement district legally
but it almost never happens.
Joyce Allgaier said the heart of the entire issue was in the criteria for judging the
PUD. Allgaier said there were technical maintenance issues for P&Z to comment
on. Lindt stated that Nick Adeh and Jerry Nye recommended the use of mag-
chloride or imbedded chemical deicers, which would release as vehicles rolled
over them used to make South Aspen Street safer and increased maintenance in the
short term to make the street safer.
No public comments.
The commission discussed the use of chemical deicers, imbedding the chemical
deicers and if there was enough traffic to trigger that imbedded deicer. Johns said
it was possible to make this street safe if increased maintenance works then great
but there should be flexibility options available. Skadron said that he needed more
information. Brian Speck asked ifthere were any examples of imbedded chemical
deicers in the city. Lindt replied he did not think there were any examples in the
surrounding communities or the city. Speck said the safety issue was more
important than the mag-chloride possible risks. Speck wanted more information
on the environmental effects of mag-chloride. Tygre said she had no strong
opinions on this issue.
MOTION: Dylan Johns moved to continue the public hearing on the Lodge at
Aspen Mountain to May ](jh; seconded by Brian Speck. All infavor; approved.
PUBLIC HEARING:
530 and 532 WEST HOPKINS COURTHOUSE VIEWPLANE EXEMPTION
Jasmine Tygre opened the public hearing on the Court House view plane
exemption for the Conner Cabins. Proof of notice was provided. Jack Johnson,
Ruth Kruger and John Rowland joined the commission.
3
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
James Lindt explained the request was for a Mountain View plane exemption to
construct 31 foot tall expansions to each of the Conner Cabin sites; the 2 western
most cabin sites were subject to the view plane review. P&Z was the final
reviewing authority on this view plane review. The 3 existing cabins would be
converted into office space and single family residences would be constructed on
the rear of each of the cabin properties. The applicant provided photo simulations
of what the property would look like. Staff believed that there were certain view
planes were already obstructed like St. Mary's Church and the Aspen Plaza
Building (comer of Hunter and Hopkins). Staff recommended approval since the
view plane was already obstructed.
Mitch Haas and Michael Noda represented the applicant, Greg Hills with Austin
Lawrence Partners. Haas spoke about the neglected property and thought about
this as a rescue effort. Haas said HPC looked at the historic original character of
the buildings and there was a separation between the restored and new buildings.
Michael Noda, Oz Architecture, said the new architecture fit in with the town area
of Aspen; they worked with HPC and pushed back the third floor and were 15 feet
below the 46 foot height limit of the commercial core. Noda said there was half
the FAR and it was important to keep the miners cabins. Noda said there were
photo simulations in the booklet of the view plane. Haas reiterated they were 15
feet below the allowed height limit and half of the FAR allowed.
Haas explained that this project falls within the same view plane that the rectory
was in and the illustrations show a great effort to not over build the project.
Tygre reminded the commission and members of the public that P&Z had a very
specific review - Mountain View Plane.
Jack Johnson asked for a review of the Mountain View Plane. Lindt replied there
were 2 view planes discussed from the courthouse steps and to the east of the Court
House with the origination point was between 5 and 6 feet. Haas also explained
view plane reference 1 and 2 from the packet materials; the view planes overlap.
Michael Noda utilized the photo simulation of the view plane.
Ruth Kruger asked how tall the Aspen Plaza Building was. Lindt replied it was 3
stories but did not know the height. Dylan Johns asked what view plane 2 was
aimed at. Lindt replied it was cocked to the east of Little Nell.
John Rowland asked if there was a reason a roof plan was not submitted and what
type of elevator system was being proposed. Haas replied that it will fit within the
roof plan.
4
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Public Comments:
1. Toni Kronberg, public, said that she supported development but the Aspen
Area Community Plan talked about preserving the small town views. Kronberg
said this was a protected view plane and she spoke about all of the building in town
blocking the light and sunshine. Kronberg asked for story poles and said that this
project was in the protected view plane.
2. An unidentified gentleman, public, spoke in favor of the view plane
exemption.
3. Patsy Hicks, public, stated that she represented the Concept 600 and spoke
against the view plane exemption.
4. Claude Conner, public, said that he had a vested interest in this project and
he did not remember anyone asking his grandmother's permission to build in front
of her house when the buildings across the street were built. Conner said that the
two western most lots 530 and 532 are no higher than the new employee housing
built by St. Mary's Church; he said the trade off was that everybody benefits from
this project going through. Conner encouraged passing this project.
MOTION: Brain Speck moved to approve a Mountain View Plane exemption
from the two designated Court House View Planes to allow for the construction of
a thirty-one foot tall addition to each of the two westernmost Conner Cabin
properties located at 530 and 532 East Hopkins Avenue, on the east 7'6" of Lot P,
and all of Lots Q and R, Block 93, City and Town site of Aspen. Seconded by John
Rowland. Roll call vote: Johns, no; Johnson, no; Skadron, no; Rowland, yes;
Kruger, no; Speck, yes; Tygre, no. Motionfailed,5-2.
Discussion of motion: Johnson stated that he could not support the motion
because he felt it should come under PUD. Skadron said there was not enough
information. Allgaier said there was evidence of where the view plane was located
but asked if there was a likelihood of redevelopment to occur to reopen the view
plane. Johnson asked how many feet does the building go into the view plane.
Haas replied it was either 11 or 13 feet depending on the view plane. Kruger said
that she was conflicted. Johns said that view plane 1 has a negligible impact
because of the rectory addition and view plane 2 was confusing. Rowland said he
felt the view plane was violated in many occasions and this was not an adequate
tool for urban design. Rowland would support the decision of staff based on the
criterion. Tygre said that she agreed with Dylan on view plane 1 but was
concerned about view plane 2 and without further evidence she found it
unacceptable. Lindt stated that a story pole could be placed on the site. Kruger
asked if the vitality or the loss of 10 feet of view plane was more important.
5
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
Haas said they would supply additional photos and story poles on the site.
MOTION: Jack Johnson moved to reconsider the Mountain View Plane for 530
and 532 East Hopkins to provide additional materials; seconded by Steve Skadron.
Roll call vote: Rowland, yes; Speck, yes; Skadron, yes; Kruger, yes; Johns, yes;
Johnson, yes; Tygre, yes. APPROVED 7-0.
MOTION: Steve Skadron moved to continue the Mountain View Plane for 530
and 532 East Hopkins to April 19, 2005; Dylan Johns seconded. All in Favor, 7-0.
PUBLIC HEARING:
1560 SIL VERKlNG DRIVE - VARIANCES FROM BUILDING
ORIENTATION AND SECONDARY MASS RESIDENTIAL DESIGN
STANDARDS
Jasmine Tygre opened the public hearing on 1560 Silverking variances. The notice
and mailing were in order and posted. Dylan Johns recused himself.
MOTION: Ruth Kruger moved to extend the meeting to 7: 15pm; seconded by
John Rowland. All infavor, APPROVED.
James Lindt stated the requested variances were from Building Orientation and
Secondary Mass Residential Design Standards. The front fa9ade was off go from
being parallel to the street and the secondary mass was not met. Lindt noted many
other residences in the neighborhood did not meet the secondary mass so this
residence was in context with the neighborhood.
Keith Howard was the representative for the applicant; Briston Peterson and
Rebecca were the duplex owners. Howard explained the lot was on a curve and
they were asking for a variance of 42 inches. Howard said the reason they were
asking for the go variance was to perfectly align with Pyramid Peak. Peterson
added that they wanted to be sensitive that the building parallels the grade of the
mountain side to minimize the impact of scaring on the hillside; this proposal
parallels the elevations as the mountain goes up and will not obstruct the views of
the neighbor to the west. The structure steps into the hill and was located 75 feet
from the street.
Jack Johnson asked how the existing structure was orientated to the street. Howard
replied that it was on the go angle also.
No public comments.
6
ASPEN PLANNING & ZONING COMMISSION - Minutes - ADril12. 2005
MOTION: Ruth Kruger moved to approve Resolution #15, Series of 2005,
approving variances from the building orientation and secondary mass residential
design standards to construct a duplex at 1560 Silverking Drive meeting both
criteria. Seconded by Brian Speck. Roll call vote: Johnson, yes; Skadron, yes;
Speck, yes; Kruger, yes; Rowland, yes; Tygre, yes. All infavor, APPROVED 6-0.
Meeting adjourned at 7:15pm.
7