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HomeMy WebLinkAboutminutes.apz.20060307 Aspen Plannin!!: & Zonin!!: Commission Meetin!!: - Minutes - March 07, 2006 COMMENTS ............................................................................................................ 2 MINUTES .............................................................:................................................... 2 DECLARATIONS OF CONFLICTS OF INTEREST ............................................. 3 HANNAH DUSTIN MIXED USE DEVELOPMENT ............................................ 3 GROWTH MANAGEMENT ALLOTMENT FOR 2006........................................ 3 17 SHADY LANE - STREAM MARGIN REVIEW............................................... 4 719 EAST HOPKINS - MULTI-FAMILy............................................................ 11 1 " Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 Jasmine Tygre opened the regular Planning & Zoning Commission Meeting in Council Chambers at 4:30pm. Commissioners Mary Liz Wilson, Brandon Marion, Steve Skadron, John Rowland, Dylan Johns, Ruth Kruger and Jasmine Tygre were present. Brian Speck was excused. Staff present James Lindt, Joyce Allgaier, Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Brandon Marion said that he would be leaving town on March 15th for as much as two months. Marion received a packet from a lawyer regarding the Jonathan Lewis project. James Lindt asked Brandon ifhe received public notice as a citizen. Marion replied that he did not. Ruth Kruger stated concern for loosing the L' Auberge Lodge Units and asked how lodge units could be demolished without some sort ofland use (P&Z) review. Chris Bendon responded that a land use review was not necessary for demolition; they were going through a planning review. Kruger inquired as to what was going on at the prominent Main Street property. Bendon replied that it was a development application for the Jewish Community Center. Kruger asked when P&Z would review that project. Lindt answered the 2nd meeting in May. Bendon noted a work session on March 20th with council covering impact fees and construction management; on March 28th there would be ajoint work session with council on the Civic Master Plan. The commission was asked if they could meet on April 11 th but there was no room available in City Hall. Marion asked if the Sky Hotel appealed in a legal format or to City Council. Bendon answered that it was both; there was a process for appeal, which goes to City Council and the appeal was very legal in nature because it deals with the due process procedural and was substantive. A notice was filed to appeal but there was no actual appeal filed. Marion asked if the appeal would send it back to P&Z or would it be taken at that level. Bendon replied that he would have to check the code but he thought Council's options were to uphold the decision to change the decision and effectively review the project themselves; remand might be one of the options. Bendon said it was a procedural review of the record and not a review of the project. Tygre asked ifit was did P&Z provide a fair hearing; like a court hearing. Bendon replied exactly and there was a recommendation from the community development director. MINUTES MOTION: Steve Skadron moved to approve the minutes from 1/24/6; seconded by Ruth Kruger. APPROVED 5-0. (Dylan and Brandon abstained). 2 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 DECLARATIONS OF CONFLICTS OF INTEREST Dylan Johns was conflicted on 719 East Hopkins. CONTINUED PUBLIC HEARING (02/21/06): HANNAH DUSTIN MIXED USE DEVELOPMENT Jasmine Tygre opened the continued public hearing for Hannah Dustin. MOTION: Ruth Kruger moved to continue the public hearingfor Hannah Dustin to March 21"; seconded by Brandon Marion. All infavor, motion carried. CONTINUED PUBLIC HEARING (02/28/06): GROWTH MANAGEMENT ALLOTMENT FOR 2006 Ruth Kruger opened the public hearing on the Growth Management Allotment for 2006; she noted that Chris made a presentation at the last meeting and the commission wanted to continue for more review. Chris Bendon said in the new Growth Management Quota System there was a requirement that annually you review the last years growth allotments that were granted and applied for and decide how many of those unused allotments to carry forward into the next growth management year. The growth management year runs from the beginning of March through the end of February. There were 2 categories of annual allotments; free-market residential units and commercial net leaseable square footage. There has been a claim on all 37 allotments for free-mart except for 1. Exhibit B in the memo was the development ceilings, which will become more and more important in later years. The ceiling is the "build-out" for 30 years down the line. There was no annual limitation on lodge pillows or affordable housing so in theory you could have an application that requests all of those unit allotments; the free-market and commercial have both the ceiling and the annual allotment. Bendon stated there were criteria for this review in Exhibit A. Staffrecommended that no allotments be carried over to the 2006 Allotments based on the criteria. No public comments. MOTION: Brandon Marion moved to approve Resolution #11, series 2006 not carrying forward the Growth Management Allotments from 2005 to 2006; seconded by Jasmine Tygre. Roll call vote: Johns, yes; Skadron, yes; Rowland, yes; Wilson, yes; Marion, yes; Tygre, yes; Kruger, yes. APPROVED 7-0. 3 " Aspen Plan nine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 PUBLIC HEARING: 17 SHADY LANE - STREAM MARGIN REVIEW Jasmine Tygre opened the public hearing for 17 Shady Lane Stream Margin Review. The notice and mailing was provided by James Lindt. James Lindt stated this was a public hearing to consider an application submitted by Callwinnie LLC and Michael Stopler requesting Stream Margin Review, Special Review to establish the rivers Top of Slope and several variances from the Residential Design Standards to construct a new single family residence at 17 Shady Lane. P&Z shall be the final reviewing authority based on the code for all of the land use requests associated with this application. Lindt utilized drawing to show the site; a fairly large vacant parcel located on the southwest corner of Shady Lane and Red Mountain Road. Lindt stated the applicant requested Stream Margin Review because the proposed single family house is within 100 feet of the mean high water line. Special Review was requested to determine Top of Slope, which was located by their engineer. They also requested 4 variances from the Residential Design Standards: (1) Building orientation to meet the street facing fac;ade parallel to Shady Lane but slightly off Red Mountain Road; (2) Fence height requirement variance request for a 3 to 6 foot staggered height wall along Red Mountain Road (the code allows for a 42 inch high wall in the front of the house; (3) the applicant proposed a 3 car garage and the code allows for a 24 foot wide garage entry; (4) they proposed windows between 9 and 12 feet above the first finished floor level facing Red Mountain Road. Lindt stated that the applicants have proposed extensive landscaping and bank restoration to do some additional plantings near the top of slope. The applicants also propost:d to relocate a portion of Shady Lane approximately 9 feet to the north at the intersection; Shady Lane is a private road that serves several additional properties up to the northwest of the property. Staff believed the Top of Slope has been identifIed appropriately; the residence will be setback 15 feet from the Top of Slope and the building will meet the 45 degree progressive height limit from the Top of Slope. The Parks Department has reviewed the landscape plan and recommended some slight changes in the species, included in the resolution, and requires the applicants a revised landscape plan at the time of building permit with those changes to the species. Lindt said the relocation of Shady Lane wasn't seen as a safety benefit to relocate it by the Community Development Engineer and the Parks Department voiced concern for the vegetation lost by the relocation to the north; the applicants have 4 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 modified the plan and will present that. Staff did not see a benefit of this relocation. Staff supports the building orientation variance because of the weird angle that the streets intersect; there were sight constraints for building orientation. Staff does not support the other 3 variances; staff understands the desire for privacy on the fence height however in the context of the neighborhood there were no additional parcels in the immediate area that had fences of that height except for the existing fence on this property and staff does not believe it meets the review standards. Staff believes that the applicant could meet the design standard for the garage entry width by simply pushing one of the garage stalls back slightly; the review standards for that were not met. The final variance request was for windows between 9 and 12 feet on Red Mountain Road and staff did not believe that there were sight specific constraints that necessitate windows between 9 and 12 feet; staff did not believe the review standards were met. Lindt said that staff recommends approval of the special review to establish top of slope and recommends approval of the stream margin review believing that it meets the standards and the variance from the building orientation standard. Lindt said that ifP&Z agrees with staff findings then he suggests striking the fence height variance, garage width and window height variances. Lindt said that ifP&Z doesn't agree with the relocation of Shady Lane then strike section 8 from the resolution. Lindt said that if the commission approves the Shady Lane relocation there was an additional condition (distributed) that was not in the resolution. Glenn Horn, Jeffrey Lester and Heather Stone represented the applicant. Glenn Horn introduced Mike Stopler the property owner. Horn provided the history of the property including the ownership by Nancy Oliphant. This house was razed and a vacant site right now; the old house that sat here was similar in a lot of ways because its sits in the same location with a low profile. Horn said that Heather, Jeff and Charles would provide an overview of the site. Charles Cunniffe said that he agreed with James on the jogging of the garages so that variance will come off the table. Heather Stone said the building was sited to be anchored by two existing enormous Spruce trees so the building was sited behind the top of slope; the landscape would contain as much natural plantings as possible. Stone said the entry to the property was relocated away from the intersection of Red Mountain Road; there was an 5 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 entry courtyard with the garage courtyard and a back deck area and the rest of the area was soft scape. Jeffrey Lester said that they were about 18 degrees off of Red Mountain Road and the fac;ade faces Shady Lane. Charles Cunniffe said one of the biggest issues was the windows between 9 and 12 feet, which typically orientates to the grid of town and window pattern of the West End. Cunniffe said there were not like or kind houses along a streetscape; there weren't any houses to really relate to so it has the opportunity to stand alone. Cunniffe said this house was down from the street in a depressed lot area that doesn't have a street presence; there was no pedestrian orientation because pedestrian access stops well short of this site and was related more to the Rio Grande Trail than Red Mountain Road. Cunniffe said that architecturally they symbolically picked up that band line by having a mullion pattern that allows a gesture towards that regulation by carrying the element across. Cunniffe said they could fill in that window to comply with that guideline but that did not serve the purpose that it was set up to do to relate to two story buildings in the West End. Cunniffe noted for the occupant, the building was low and the view opportunity from the house in that direction was through that section of the glass; more so than the low section. Jeffrey Lester stated the design intent of the glazing of this particular house on this riverside lot was to have a seamless visual transition from outdoors to indoors and that was why the fenestration was such for that seamless transition; the context was a county riverside lot. Lester said a solid fac;ade element in that area was counter to the design of the house. Cunniffe said the most prominent feature of this site was the wooden fence, which was in disrepair because of snowplows and cars hitting the fence; they could leave the existing 6 foot fence but they would rather put in a new more permanent fence material, which would allow board formed concrete to look like a wooden fence. Cunniffe said that no fence would be dangerous living there; this was a unique lot and should be considered in that context. Stone stated the fence has varied heights with gaps between. Stone utilizt:d drawings showing the existing prescriptive easement with Mike \ owning both sides of Shady Lane. Shady Lane got paved out of its easement onto Mike's parcel. Stone said the center line of Shady Lane shifts 5 feet at the intersection of Red Mountain Road and then tapers down to 2 feeJ just past the new residence. Horn added that Heather met with the neighbors that access Shady Lane. Horn said that there will be one 4 inch Aspen tree removed, a 6 inch Cottonwood tree removed that was in poor shape and the other 2 Cottonwood trees 6 Aspen Plan nine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 would not be removed right across the drive. Stone said the front part of the Serviceberry would be removed and re-vegetated similar to the same pallet that has been approved for this native vegetation all along the edge of Red Mountain Road so there was a continuity entering the site on Shady Lane (both sides would be planted similarly). Bendon asked if there was anything that memorializes the prescriptive easement. Horn replied there was an easement of record so it was not just prescriptive and the road was not in the defined easement; at a minimum they wanted to see the road returned to the easement. Lindt said there was a book and page on the site plan that identified the recorded easement. Steve Skadron asked how an easement changed. Lindt replied that it was a private access road, not a city right-of-way; in most cases the people that benefit from the easement have the ability to change the access easement. Lindt said the re-location of Shady Lane falls under the P&Z purview because it changes the site plan; the site plan and the stream margin review falls under the P&Z purview. Bendon said the easement doesn't move; that prescriptive easement can be created when someone is essentially trespassing on someone else's property and they are allowed to continue to do so; it's a function of common law after a certain period of time you have a continued right without it being considered trespassing. Skadron asked why is the support of the neighbors required to shift this. Bendon responded they were the beneficiary of the prescriptive easement. Horn said the way that they see it is that relocation of the easement is a private matter between the individuals that benefit from the easement and the property owner whose property is crossed by the easements. Horn said P&Z should approve a site plan, which would enable this transition to occur but the actual consent was a private matter between this property owner and the neighbors down Shady Lane that benefit from this easement. Skadron asked what kind oflight would come from the windows for the variance. Cunniffe answered it would be the same kind of light in any other house, like a subtle glow, and it was only one window to comply with the guideline would have the section of window would be blocked out. Skadron asked Charles why having no fence was a hazard. Cunniffe replied that it could be a hazard to the people in the driveway because that snow gets thrown pretty hard and far; the curve was one to pay attention to the road and a fence would help quiet down the activity for the occupant of the property and make it safer and less distracting for the driver. Brandon Marion asked ifthe front fac;ade faced Red Mountain and if the door was pointed toward Red Mountain Road. Cunniffe replied that you come through a 7 Aspen Plan nine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 landscaped element and another landscape element where the door was seen. Marion asked if there was any window seen from Red Mountain Road. Lester said that the house was in a lower area and while driving you would tend to look over the house. Lindt said that staff thought the house and window would still be visible if the fence were not there. Marion asked for clarification on the fence. Cunniffe replied it was poured colored concrete to look like vertical wood with graining and patterning but so it could take the abuse of the snow. Marion asked how the Parks Department becomes involved in the easement. Lindt replied that it was because of the trees and the jurisdictional issue on how it meets the street. Jasmine Tygre asked if the relocation of the access easement has any effect on the possible divisibility ofthis lot into parcels. Lindt replied no. Public Comments: 1. Marc Friedberg stated he lived on the adjacent property to the north and does not use the Shady Lane access but rather the Red Mountain Road. Friedberg said that he observed the traffic flow and the impact on the curve; he provided photographs of the road and traffic. Friedberg noted there were only 7 houses up that road that share the cottonwoods and aspens; the integrity of the landscape has colored the feeling that everybody has for that area. Friedberg said that Shady Lane had integrity and should not be moved into Red Mountain Road because of the curve and the danger would be increased on the curve. Friedberg said it would be a mistake to change Shady Lane and removing part of the serviceberry would be a mistake. Friedberg said there was a rural feeling and the sitting of the house, the wall and the windows were all elements that he hoped P&Z would be flexible on. 2. Rowine daughter of Peggy Rowland said that the safety issue was important and spoke of people who did not spend time in this community moving here and building. Rowine said the fence was a goof idea and was not in favor of the road change. 3. Mike Stopler, owner, stated the reason he bought the lot was because of the natural canopy and country road. Stopler said his instructions to Glenn, Heather, Charles and everybody involved in this project was to do the right thing; to be sensitive to any environmental issues, to preserve what attracted him to the property in the first place. 8 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 4. Christina Crandall stated that she grew up in the area and works on land and river conservation issues in the valley. Crandall stated that she was very familiar with the area and asked if the riparian area would be protected during construction. Heather Stone replied there were some declining cottonwoods, which would come out and have been reviewed with Parks; everything within the Top of Slope is basically remaining and all of the existing conifers within Stream Margin are remaining, the house was designed around them. Crandall stated that she appreciated the orientation for the house in a special place. Crandall stressed the importance of construction management and erosion control and mitigation for road construction. Crandall urged the commission not to forward the Shady Lane relocation. 5. Marc Friedberg said that the Serviceberry was not owned by the applicant but was in the right-of-way owned by the city. Jasmine Tygre noted the garage issue has been taken out ofthe variance requests. Alex Evonitz, Community Development Engineer, stated that the applicant has lessened the impact that relocation was originally proposed. Evonitz said the safety issue was important but to try and quantify any improvement safety by that 4 foot relocation was a difficult challenge for any professional. Ruth Kruger said there were too many moving parts in the motion and maybe some of them should come off. Tygre asked if each could be voted on separately. MOTION #1: Brandon Marion moved to approve Resolution #12, Series 2006, approving with conditions a Stream Margin Review, Special Review to establish the rivers Top of Slope and variance for the building orientation, the fence height be approved that it was not a solid fence having intermittent breaks, allow the window height variance from the residential design standards and not include the relocation of Shady Lane (striking section 8) to construct a new single- family residence at 17 Shady Lane. Ruth Kruger seconded. MOTION WITHDRAWN Discussion of motion # 1: Marion said that he did not want the fence to be a wall; not a continuous solid wall with intermittent breaks and the materials choice was appropriate with the look of wood. Kruger commended Brandon on the way the motion has been made. Wilson also stated concern for the fence being a wall. Cunniffe explained that a picket fence would not work; this material would be board formed with breaks in it for the trees but it was a barrier for the snow and a picket fence wouldn't provide any protection. Skadron said that he could agree to 9 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 the variances for the windows and the building orientation however he could not agree to a variance for the fence or relocation of Shady Lane. Skadron said a 6 foot fence was out of context with the neighborhood and it would be his hope that a more subtle natural landscape occurrence could happen to address the privacy and safety; he said an alternative to any kind offence could be done. Skadron said moving Shady Lane will have negligible impact on the safety of the intersection. Marion said that he understood Steve's concern and wanted to keep it soft by basically making it a board fence that had some rural context as opposed to an estate context of a big wall. Marion amended the motion to exclude the fence language for the variance and Kruger amended her second. MOTION #2: Brandon Marion moved to approve Resolution #12, Series 2006, approving with conditions a Stream Margin Review, Special Review to establish the rivers Top of Slope and variance for the building orientation, allow the window height variance from the residential design standards and not include the relocation of Shady Lane (striking section 8) to construct a new single-family residence at 17 Shady Lane. Ruth Kruger seconded. RESTATED BELOW Discussion of motion #2: Rowland said he could not support the fence but now could support the motion. Rowland said the fence included a great use of material and compliment the house; he said that to create more gaps within this fence and perhaps the landscape to move out creating more motion that speaks to the vocabulary of the architecture would be a compliment. Johns supported the motion as currently worded and summed up his thoughts. Johns could support the fence a little higher than 42 inches. Tygre agreed with motion #2 but did not find the request for the window height was satisfactory according to the criteria. Tygre complimented Brandon for the motions. Horn stated that it was the applicant's intention that if the request to relocate Shady Lane was declined that P&Z consider a site plan in which Shady Lane is returned to the easement that is described and the neighbors on Shady Lane have the right to use. Horn requested that this item be continued to the next meeting so that they can bring a plan for Shady Lane, where it is returned to its original easement and bring back a fence design along Red Mountain Road that is staggered and inter- mixed with vegetation so that the commission could consider that prior to taking action on the motion. Tygre replied that they could do that but they have a motion that does not preclude them from coming back with a revised site plan or easement. Horn said they do not want to have to submit a whole new application. Tygre said that you don't if you do it this way; you only have those 2 issues. Lindt said that an addendum would have to be submitted to this application, which shows a different fence design with the materials that would be utilized. Bendon said the 10 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 motion would be clear that action was taken on certain of the elements and continuing the other elements to another date certain. Horn stated that is what he requests. Bendon said he did not know if the development of Shady Lane within the existing easement even needs to come back to P&Z; it sounds like it does not have dramatic changes from what it is. Horn said it will affect the site plan for this property; they want to return Shady Lane. Bendon suggested at the applicant's fence variance request and the relocation of Shady Lane be continued to a date certain with the understanding that in the interim staff might decide that the Shady Lane relocation to be within the easement does not necessarily require a P&Z action. Marion said that he did not want these to become negotiations; so ifthere is a motion, let's vote on it. Tygre said that they would either vote on motion #2 or make another motion and not re-discuss the merits of the application. Bendon suggested voting on the motion on the table and there could be a second motion to continue the fence variance. MOTION restated #2: Brandon Marion moved to approve Resolution #12, Series 2006, approving with conditions a Stream Margin Review, Special Review to establish the rivers Top of Slope and variance for the building orientation, not allowing the fence variance, allow the window height variance from the residential design standards and striking the relocation of Shady Lane (section 8) to construct a new single-family residence at 17 Shady Lane. Ruth Kruger seconded. Roll call vote: Johns, yes; Rowland, yes; Skadron, yes; Wilson, yes; Kruger, yes; Marion, yes; Tygre, yes. APPROVED 7-0. MOTION #3: Brandon Marion moved to continue the public hearing to April 18, 2006 so that the applicant may resubmit an amendment to this application regarding the fence height variance including the design submission and if needed the reestablishment of the original easement on Shady Lane without moving Shady Lane. Steve Skadron seconded. Roll call vote: Rowland, yes; Johns, yes; Wilson, yes; Skadron, yes; Marion, yes; Kruger, yes; Tygre, no. APPROVED 6-1. PUBLIC HEARING: 719 EAST HOPKINS - MULTI-FAMILY Jasmine Tygre opened the public hearing for 719 East Hopkins. Proof of notice was provided. Dylan Johns rescused himself. Chris Bendon explained the public hearing was for 719 East Hopkins; it was a 6,000 square foot site in the mixed use that was currently developed with 6 multi- family residential units. The proposal was to redevelop with 5 units, 2 being free market and 3 affordable housing units to comply with the multi-family housing 11 ., Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 replacement program. Bendon said the property is not on the historic registry; it was until 2 or so years ago and was found by HPC and City Council not to have any historic merit and was taken off of the historic list. Bendon stated the application calls for subdivision approval, which is a recommendation from P&Z to City Council; Growth Management Approval for the Affordable Housing Units, which is final at P&Z; Special Review for increased in floor area, which is allowed in this zone district and final at P&Z; Special Review for Parking, a decrease in parking to zero parking spaces on site. The Special Review for parking will be discussed if it is really needed to be part of the revIew process. Bendon said there was a discussion around the sub-grade nature of the affordable housing units; there was no prohibition in the land use code for the affordable housing units being sub-grade but part of the criteria was the negative recommendation from the Housing Board. Stan Clauson stated that he represented the applicant John Lauderback. Clauson said the existing property consists of a single family wood frame residence and a later construction consisting of 5 units to the rear. Clauson noted the parking was in the right-of-way as was typical of many residences in Aspen where parking evolved. Clauson said the existing 6 units contain 7 bedrooms and 3,178 square feet of net livable on the 6,000 square foot lot. Clauson said under the multi- family replacement it requires the replacement on units, 3.5 bedrooms, 1,589 square feet of net livable replacement housing fully deed-restricted but they are providing 3 units with 4 bedrooms and 1,659 square feet consisting of 2 studio units and 1 two-bedroom unit. Clauson said that they were exceeding the requirement. Clauson said that in the mixed use district the over all floor area was 2 to 1; the free-market maximum was 1 to 1 with special review. Clauson said that not even in the housing guidelines were there any statements prohibiting or recommending that units not be sub-grade. At pre-application they were told there was no prohibition against sub-grade units. Clauson said that this was not a mitigation for some kind of housing but the most burdensome employee mitigation in the land use code with the 50% replacement requirement. Clauson said on the 6,000 square foot lot what evolved was 2 townhouses at grade and the 3 separate units; in every respect this project meets the code; there were no requests for variances from the residential design standards; no request for height variances; no setback variance requests. Clauson said they respectfully withdraw their request for special review for the parking variance because the code clearly says in Section 26.515.010B 12 Aspen Plannine: & Zonine: Commission Meetine: - Minutes - March 07, 2006 "existing deficit of parking may be maintained if the property was redeveloped". Clauson stated the new project will provide 4 on-site parking spaces dedicated to the free market unit and there will be 3 on street new parking spaces with a restoration of the curb and an addition of a sidewalk across the front. Public comments: Mike Hexner introduced his wife Karen Justice and stated they lived directly across the street; he stated concern for the parking on the street because it was busy. Hexner said the look of the project looks great and hoped the height would not increase; they were working with John Lauderbeck on a non-reflective roof. Brandon Marion asked ifthere were any code clarifications as to livability of the employee units and if so he would like that brought forward. MOTION: Brandon Marion moved to continue the public hearing on 719 East Hopkins to April 18'\ seconded by Steve Skadron. All infavor, APPROVED. Meeting adjourned at 7:00 pm. '~ "~~/ /Jackie Lot ian, Deputy City Clerk 13