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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
COMMENTS ............................................................................................................ 2
MINUTES ................................................................................................................. 2
DECLARATIONS OF CONFLICTS OF INTEREST............................................. 2
ASPEN HIGHLANDS VILLAGE ........................................................................... 3
WEINERSTUBE REDEVELOPMENT ................................................................... 3
1150 CEMETERY LANE......................................................................................... 7
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
Jasmine Tygre opened the regular Planning & Zoning Meeting in the Sister Cities
Meeting Room at 4:35 pm. Commissioners Ruth Kruger, Steve Skadron Brian
Speck and Jasmine Tygre were present. John Rowland and Dylan Johns were
excused. Staff in attendance were Joyce Allgaier, Jessica Garrow, Community
Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Ruth Kruger inquired about the weed control policy. Joyce Allgaier replied that
she informed the Parks Department about the spot next to the Holland House and
on Main Street that Ruth spoke about previously.
Kruger voiced concern for the Puppy Smith COWOP. Allgaier responded there
was an appeal to the City Council decision to consider the Puppy Smith COWOP
eligible.
Kruger asked that the commission receive a memo regarding the preparedness of
P&Z for public hearings. Kruger stated the communication between Council and
P&Z was of great importance and suggested a lunch meeting.
Jasmine Tygre said as part of the original Rio Grande Master Plan it was stated that
the vistas from the top of the steps be open to views of Aspen Mountain and Rio
Grande Park; currently the blue roof cover going down the Rio Grande steps,
which takes away the Rio Grand Park view. Tygre noted in cities there were clear
covers on stairways to subways.
Tygre said that Ron Erickson always asked about the covering over the Caribou
Alley, which was now a roof and she asked what happened in this case. Allgaier
stated there were a series ofletters that have gone out to the estate and manager of
the club and community development was pursuing as a zoning violation.
Allgaier announced a work session following their regular meeting with Mark
White, a consultant, and a lodging consultant.
MINUTES
MOTION: Ruth Kruger moved to approve the minutes from July 18th, August Ft,
15th, September 5th and 19th; seconded by Steve Skadron. All in favor,
APPROVED.
DECLARATIONS OF CONFLICTS OF INTEREST
Dylan Johns was conflicted on the Weinerstube Redevelopment.
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
PUBLIC HEARING:
ASPEN HIGHLANDS VILLAGE
Jasmine Tygre opened the public hearing. Jessica Garrow provided the proof of
notice.
MOTION: Ruth Kruger moved to continue Aspen Highlands to November 2Ft;
seconded by Steve Skadron. All infavor, APPROVED.
CONTINUED PUBLIC HEARING (09/19/06; lO/03):
WEINERSTUBE REDEVELOPMENT
Jasmine Tygre opened the continued public hearing on the Weinerstube
Redevelopment.
Jessica Garrow stated the applicant was 633 Spring Street LLC represented by Stan
Clauson. The application required Growth Management for mixed use
development, for free market units in a mixed use development, for affordable
housing in a mixed use development, replacement of commercial floor area, multi-
year development allotments; Commercial Design Review and Subdivision.
Planning & Zoning was the final review for the Commercial Design Review and
Growth Management Reviews with the exception of the multi-year development
allotments and Subdivision.
Garrow explained the property was located at the corner of Hyman and Spring,
18,000 square feet covering 6 townsite lots. The existing property contained a 37
space gravel parking lot and a 6,000 square foot building in the Cl zone district.
The proposed building included a 1 st floor of 12,000 square feet for commercial
and restaurant space and 14 surface parking spaces along the alley. The proposed
second floor contained 10,670 square feet of commercial office space and 12 two-
bedroom affordable housing units (6 units were category 3 and 6 units were
category 4 at 950 square feet each). The third floor proposal contained 10,805
square feet of multi-family units (4 two bedroom units at 2,000 square feet each)
and two studios (1200 and 1500 square feet). The basement proposal contained
storage for the affordable housing and commercial uses.
Garrow said the dimensional requirements were 42 feet in height with a total FAR
of 2.58 to 1; the proposed development met all underlying zoning requirements.
There will be cash-in-lieu for the remaining required 5.7 parking spaces.
Garrow said the project met all subdivision standards and currently served by
utilities; affordable housing, free market units and commercial uses were consistent
with the neighborhood and were permitted uses in the C 1 zone district.
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
Garrow said there were 5 Growth Management Reviews. Garrow said the project
meets minimum mitigation requirements; there were 25.9 FTEs generated by the
commercial uses and the 12 two-bedroom units mitigate for 27 FTEs. 30% of the
free-market floor area must be mitigated through employee housing and they were
providing 13,000 square feet, which exceeds the requirement.
Garrow said the applicant needs a multi-year allotment for free-market housing.
The project called for 6 free market units and there was only 1 allotment left for
the 2006 year so they will need 5 from next year's multi-year allotment. Multi-
year allotments require compliance with exceptional project criteria; the categories
were to assist a sustainable economy, mitigation for affordable housing, green
building and architecture and design. Stafffelt that the project met a majority of
these but not all. Garrow stated the project provided a significant amount of office
and commercial space, which was consistent with the AACP and will help lead to a
sustainable economy. It exceeds the affordable mitigation requirement and
provides all affordable housing on site. The applicant has pledged to exceed the
green building requirements by 15%. Staffrecommended a condition for an
energy audit to insure that this has occurred. Staff felt the applicant was deficient
in the design and mass; there was an abrupt change in architecture and staff would
like the applicant to re-study and make changes to this transition. Staff believed
the project met many of the project goals but would like Planning & Zoning to
recommend that the applicant look at the massing and design before it can be
deemed an exceptional project for the multi-year allotments.
Garrow said the project met all the commercial design standards; it was parallel to
adjacent streets; commercial space was at sidewalk grade; it satisfied the window
fenestration requirements and trash and utility areas will be walled and located
appropriately in the alley. The building was not setback more than the average
setbacks on the block.
Garrow said the required pedestrian amenity was l600 square feet and the
applicant proposed 1060 square feet of pedestrian amenity space along Spring
Street, which would allow for outdoor seating for the Weinerstube Restaurant and
the rest would be paid through cash-in-lieu.
Stan Clauson thanked Jessica for an excellent presentation; all of the significant
aspects from the unit count and the site. Clauson utilized drawings for the
depiction ofthe fist floor with the entrances ofthe commercial spaces onto the
street and the new proposed Weinerstube. The parking lot next door was private
and the driveway cut would be restored to street parking. Clauson said the
replacement development will have a valuable effect on the street.
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
Clauson introduced Andy Weisnowski and Bill Poss the architects for the building.
Clauson said the design was an enhancement to the location and complimented the
existing streetscape elements and provides an exciting fusion of historical and
contemporary elements.
Clauson said this was entirely within the code from a parameter standpoint; it
meets the height requirements and was below the allowable FAR.
Andy Weisnowski said they broke down the building into masses that correlate
with the grid of the city (30 foot or 60 foot masses), which was the traditional
development pattern throughout Aspen. Weisnowski noted the corner related to
Spring and Hyman with a reduced mass to a two story structure and to introduce
some interest to that corner and the higher points of the building were generally set
back from 8 to 10 to 15 feet. A model was presented for the sense of the scale of
the project. Weisnowski said there were distinct massing breaks to scale to the
town and not read as one block building. The outdoor seating for the restaurant
was covered. Weisnowski said the affordable housing will have great views to
Aspen Mountain and morning sun.
Bill Poss said that this building has an iconic corner of interest similar to other
buildings in town; there was a lot of interest and vitality in this building. Poss said
they met with HPC staff and the renderings did not show all the street trees.
Steve Skadron asked the height from the street to the ceiling on the outdoor portion
where the Weinerstube Restaurant would be located. Weisnowski said the smaller
section was 8 to 9 foot high but the majority was about 13 feet. Ruth Kruger asked
the size of the restaurant. Weisnowski replied about 3500 square feet.
Skadron asked for an explanation of multi-year allotments. Garrow responded that
there were certain allotments available each year; the C 1 and CC zone districts 6
free market units available. Stage III took 5 of those units for 2006 so the
allotments needed are borrowed from 2007; next year that would leave 1 available.
Tygre said that she understood that a certain number of allotments had to be
available for future years. Garrow said it was Ordinance 12 that amended this.
Clauson said that Ordinance 12 amended this and reduced the growth rate by about
half; the 2000 square foot limit on free market residential units. The commission
and staff had different interpretations of the evaluation for the allocation process.
The commission wanted to make sure they were using the same criteria. Clauson
stated that this was an exceptional project and determined the allocation process.
Kruger asked if the open space requirement was required to be open to the public.
Garrow answered staff understood that the open space seating was for the
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
Weinerstube was open to air, which would qualify for pedestrian amenity; with this
design it does not comply with a roof; the applicant would have to pay cash-in-lieu.
Kruger said an audit was required in 3 years (staff memo page 5) to see if they
were exceeding the international energy conservation code by 50%; how was this
enforceable. Garrow said it was in the Resolution as well and at 3 years the
building department would choose an energy consultant that knows how to do the
audit at the expense of the applicant and if it does not meet the requirements the
applicant would be required to upgrade to those standards. Kruger said that
"exceptional building" was a nebulous term and how it was defined; she said that
responsible builders should be building a "green building" anyway and that should
not make it exceptional but other qualities should make it exceptional. Allgaier
responded that the application itemized how they attain greater than the code
requirements. Kruger asked what was in the front of the building on the second
floor. Poss replied that it was commercial, office and residential. Poss utilized
drawings to show the levels for the employee housing, floor to floor at 10 feet and
floor to floor for the retail was 13.6 feet. Poss said that they were meeting
everything that staff asked them to do to make this an exceptional project.
Brian Speck asked how they viewed the pedestrian amenity. Clauson replied there
was no pedestrian amenity, the requirement was 10% that they would pay cash-in-
lieu for the pedestrian amenity. Clauson noted the overhang was a pedestrian
amenity. Poss stated there was angle parking right there. Speck asked if they felt
they addressed the breaking up of the massing through the design of the building
and asked if that was their representation for the corner being an anchor. Poss
replied that was the contemporary corner on the building. Speck asked how this
was an exceptional building. Clauson said there were specific criteria for an
exceptional building; the criteria include affordable housing, the green building
techniques, design, and under the FAR. Poss said that when the plan was
submitted there was a form to fill out for the green building specifically, which was
judged by points. Clauson said there were 8 criteria for exceptional building and 1
did not apply; the AACP goal advances, it exceeds minimum affordable housing
requirements, historic (does not apply), provide the appropriate categories from
APCHA, maximizes public transit uses, promotes sustainability of the local
economy, locating employees within the infill area, design elements of a desirable
site plan and compatible with the character of existing land uses in the surrounding
area.
Tygre asked if the retail uses would be limited to those uses that were allowed
under CI zoning unless they came in for special review. Garrow replied that was
correct. Tygre asked where the cash-in-lieu would be used for the pedestrian
amenity. Garrow replied that the money went into a fund and determined by City
Council where the pedestrian amenity or streetscape improvements would take
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
place. Tygre asked ifthere was a location established for the cash-in-lieu for the
parking spaces. Garrow replied there was not a specific location for the money.
Kruger asked if the affordable housing was for sale. Garrow replied yes for sale,
category 3 and 4.
No public comments.
Dan Mysko sent a letter against the project.
PUBLIC HEARING:
1150 CEMETERY LANE
Jasmine Tygre opened the public hearing.
MOTION: Ruth Kruger moved to continue the public hearing for 1150 Cemetery
Lane to November 7th; seconded by Steve Skadron. All infavor, APPROVED.
Resume public hearing on 307 South Spring Street.
Skadron asked for more clarification on the dramatic architectural transition from
the traditional component to the more modern component. Weisnowski replied the
transitions occur at the corner, which was the most active part of the project and
the other more modern occur on the third floor setback were more subdued.
Weisnowski said the appropriateness comes from the materials, scale, and respond
to the context of the neighbors. Poss said the downtown guidelines ask for
contemporary buildings so this design has the more contemporary statement on the
end and the more traditional towards the mall. Tygre said there were questions of
the design standards.
Tygre stated that the CI zone districts had problems with high end restaurants; she
said that a list of allowed uses in the C 1 zone would be helpful to this discussion.
Tygre requested the differences between Cl and CC Zone Districts; the current Cl
uses and the current CC.
Skadron requested further explanation for the recessed walkway along the north
fayade does not create dead space. Clauson replied it was only a slight recess (7
feet), which allows people to look into store windows and more variegation to the
front fayade and at the same time keeps the store windows right at the street but
provides a small sheltered area.
Kruger expressed concern for the process. Kruger said she liked the architectural
masses being broken up. Kruger felt the consumer experience was diminished by
setting the windows back and she said that retailers did not like it either so this
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
probably was not where the high end retailers would be going. Kruger said the list
for exceptional project was nothing less than what a project should be anyway;
there was nothing exceptional on the list. Kruger said this was a perfect place for
more parking and parking was being taken away.
Speck wanted the corner more traditional in nature. Speck said that he was
impressed with the amount of employee housing; the breaking up of the massing
was acceptable. Speck asked if the elevators went to the roof. Weisnowski said
the two elevators went to the third floor but not to the roof. Speck said that the
project fit into the neighborhood.
Tygre stated that Ruth covered a lot of the items that she had especially that this
site should not be under parked, which would be a great benefit to the tenants of
the building. Tygre said that it was shocking to approve a project with cash-in-lieu
for parking when the site can accommodate parking; that was a real black mark
against this project. Tygre said the building looked attractive and had no objection
to the pointy roof on the corner; she appreciated the 30/60 foot modules. Tygre
commended the applicant on the fully above grade employee housing. Tygre felt
the categories on the housing, the under parking and no pedestrian amenity on site
were all wrong. Tygre urged the applicant to keep some pedestrian amenity on
site. Tygre said that the proposal as submitted does not qualify as an exceptional
project.
All of the commissioners requested the list of uses, code changes and exceptional
project standards.
Clauson stated that they responded to all the criteria for dimensional requirements;
they were not required to provide all the parking on site and the code was clear
about that. Clauson said with the exceptional project the criteria were laid out and
it was not something that says it has to be more exceptional than what the criteria
state. Clauson said that Ordinance l2 was passed during the course of work on this
project and the design had to be altered because of changes from Ordinance 12 for
the size of the units; they have tried to meet the code and exceed the code.
Clauson said exceeding the energy requirements by 50% was huge and meets the
affordable housing. Clauson said the only way to provide more parking was to
provide a deeper basement to provide a number more spaces but because of the site
constraints to ramp down would not provide that much more additional parking.
They will look at the analysis of the uses and further explore the energy qualitites
of the building.
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes October 17. 2006
MOTION: Steve Skadron moved to continue the public hearing on the
Weinerstube Redevelopment to November 7th; seconded by Brain Speck. All in
favor, APPROVED.
Meeting adjourned at 7:05 pm.
\..
ifckie Lothian, Deputy City Clerk
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