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HomeMy WebLinkAboutminutes.apz.20061205 "-"~'-'~~'-"'""""--~'---~~ ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 COMMENTS ............................................................................................................ 2 MINUTES ................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST ...............................................2 ASPEN HIGHLANDS VILLAGE PUD AMENDMENT ....................................... 2 SMUGGLER RACQUET CLUB ............................................................................. 8 LODGE AT ASPEN FINAL PUD ........................................................................... 8 1 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 Jasmine Tygre opened the regular Aspen Planning & Zoning Meeting in Sister Cities at 4:30pm. Members Ruth Kruger, Dylan Johns, Steve Skadron, Brian Speck (4:40) and Jasmine Tygre were present. John Rowland was excused. Staff in attendance were: Community Development, Joyce Allgaier and Jessica Garrow; John Worcester, City Attorney; Jackie Lothian, Deputy City Clerk. COMMENTS Jasmine Tygre said there was an ad in the Sunday Daily News paper for the Dancing Bear Residences that said "it's a place where your neighbors are friends not hotel guests". Tygre asked what do you think these units are if they are rented out if they are not being used by the people who bought them; is what was supposed to be a hotbed. Tygre said probably not but hoped that the code revisions would address these kinds of issues. Joyce Allgaier said that she notified them in writing that their application specifically said that they would list the units with a rental company and do that pro-actively. MINUTES The minutes from 11107 and 11121 were postponed until the next meeting. Steve Skadron noted a correction on page 6 of the 11/07 minutes. The correction was made. DECLARATION OF CONFLICTS OF INTEREST Dylan Johns said he was conflicted on the Lodge at Aspen and Smuggler Racquet because of pending business deals with the one of the parties involved in each of those projects. Ruth Kruger said that she was conflicted on the Lodge also. John Worcester asked if Ruth was currently employed by the Lodge or had a financial interest in the outcome. Kruger replied no. Worcester suggested that she did not have a conflict. CONTINUED PUBLIC HEARING (11/21): ASPEN HIGHLANDS VILLAGE PUD AMENDMENT Jasmine Tygre opened the public hearing for the Aspen Highlands Village PUD Amendment. Jessica Garrow said that notice had been provided at the previous meeting. Garrow said that Hines Highlands Limited Partnership was the applicant represented by Glen Horn; the application required 2 land use reviews. The first was a substantial PUD Amendment to construct a mini golf course and a change in use from Retail to Free-market Residential. Staff recommended in favor of the mini golf course and against the change in use in building 2 and the associated subdivision. 2 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 Garrow said the miniature golf course was proposed between buildings 2 and 4 and the area was skier access so it was unencumbered by any structures; the mini golf course was designed to continue the current use in the winter on it. Because of this staff found this was consistent with the existing plat and did not require a subdivision approval for the mini golf course portion of the application. Staff found the mini golf course was consistent with the approved PUD and met all applicable review criteria; it will increase the vitality of area by providing an attraction in the summer months and met the goals and economic sustainability sections of the Aspen Area Community Plan. Garrow said the change in use was to change 1 retail space to 1 free-market unit (4 bedroom unit), which does not need a growth management allotment because the development right was approved in the original PUD and the town home was never built so the right exists. Garrow said the proposed unit was located on the 1 sl floor of building 2, which contained other residential units all above the 1 sl floor and the Ritz was located in this building. Staff recommended against the change in use because it does not meet the goals of the Aspen Area Community Plan. Staff felt that the retail space was at grade along the Highlands main pedestrian area and was intended and best functioned as retail space. Staff felt that residential would decrease the vitality ofthe area. Garrow said that the change in use will adversely affect future development in the area; the retail space was currently vacant and staff felt that in the future the space will be filled with retail or office. There were other free-market homes being built in the area. Glen Horn said Bob Daniel, Kevin Dunnett and Donna Grower were from Hines Highlands Limited Partnership and were available to respond to questions. Andy Reagan was the leasing agent for the retail spaces at Highlands. Horn stated that the retail space was an un-built space and there was an approved town house for the village neighborhood, which would be transferred to the Village core of Aspen Highlands. Horn said this was a conversion of vacant retail space that has never been occupied to a residential use and there was no growth management allotment necessary because it was already granted for another unit in the project. Horn said that all of the mitigation for this unit already exists; the transportation, air quality, and the housing. Horn said that development of the mini golf course was to get more activity going in the summer at the base of Highlands and were not unusual to see at the base of ski areas in the summertime. Horn provided the history of Highlands beginning with Whip Jones and Gerald Hines then the Pitkin County approvals and the annexation into the City of Aspen. 3 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 Horn said that there was a 5 year public review process that entailed some 105 public meetings; the plan evolved in the review process to what you see today. Horn said that this project continues to evolve from the mountain to the base area; this proposal from the applicant was to fine tune this project to make it more successful and viable rather than having empty commercial space in the base area. Horn said out of the 190 approved units 112 were affordable housing units; there were 73 tourist accommodation units, 14,000 square feet in restaurant space. Horn noted that all the mitigation required by the city and county has been done and audits have been done. Horn displayed a photo of the Village Core and explained what was where; there was residential on the first floor and showed where it was located. Horn explained the pedestrian pattern and the vacant retail space located in building 2, which was proposed for the change to residential (on the west side of the building). Horn explained the uses in buildings 3, 5, 7, 2, 4 and 8 that shows a mixed use project. Horn said there was a merchants association that was responsible for the summer activities such as the movies and other activities. Horn said that there were about 105 to 110 days a year when Aspen Highlands Village was loaded with people going to the ski area. Horn said they do not consider this change to be a significant change in the PUD; the PUD was found to be consistent with the Aspen Area Community Plan and compliance with the code at the time it was approved. Horn walked through the 8 focus areas of the Aspen Area Community plan; the last two numbers 7 and 8 were primarily orientated towards the townsite of Aspen; consistency of architecture with the historic structures and historic character of the town. The design issues address within the built environment of the townsite of Aspen. Horn said the focus area of managing growth, transportation, housing, economic sustainability, parks, open space and environment and the arts, culture and education. Horn said the Aspen Highlands project was the most successful transfer of development rights of most projects; 20 TDRs were transferred from the county's rural and remote district to within the urban growth boundary to Aspen Highlands Village, so this was consistent with managing growth. Horn said that the transportation needs have been met as well as the affordable housing with a 60/40 project at the base of a ski area. There was a Nordic Trail connection that links it to the Moore Trails, the Aspen Valley Ski Club House, the High School Lift, and the donation of approximately 13 acres of Maroon Creek bottom land to the County for Open Space. The project provides all of the dormitory housing in building 4 and dedicated to use by MAA in the summertime; in the winter it was used by Ski Company employees. Horn said that this project was still consistent with the Aspen Area Community Plan and felt it was better to have an occupied residential space in building 2 rather than to have an unused vacant retail space. 4 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 Bob Daniel said that building 5 had a residential component on the ground floor so virtually in every building within the community there was residential units on the ground floor. Daniel said that they have been trying to rent this particular retail space between 4 and 5 years. Andy Regan with Snowmass Real Estate Company said that she has been doing the leasing at Aspen Highlands for about 1 Yz years and it was not an easy job; there were plenty of people looking but can't be there if they require foot traffic so basically people were looking to pay no rent. Regan said it was difficult to rent the retail space. Kevin Dunnett said the plan for the golf course was preliminary with 18 holes without the old school kitschy golf course but this would challenge the serious golfer down to little kids. Dunnett said there would be nice wild flower plantings in between the holes; it will be a nice addition for everybody. Dunnett said that Copper Mountain and Beaver Creek have courses that were really busy with a lot of energy surrounding the golf course. Steve Skadron asked about the previous PUD Amendments and where was the FAR moved around to. Garrow replied that it was in the free market units; moving a few hundred square feet from one to another but never reached the retail spaces. Skadron asked how the Ritz defined tourist accommodations. Daniel said the concept was imbedded in the PUD where there was a requirement that unit can't be occupied more than 30 consecutive days during the high season or within 90 days in a calendar year. Horn said there was central management that would be typically provided by a hotel; a concierge, room service and check-in. Skadron asked if those units go into the rental pool. Horn replied they were available in a rental pool through the Ritz. Skadron asked ifthere were topographical changes on the golf course. Dunnett replied the average slopes were challenging at the toe of the hill from Iguanas deck and they will concentrate most ofthe holes in the flat area with slight terracing as the grading gets steeper maneuvering the holes parallel with the slope. Skadron asked the total FAR for the 112 units. Horn replied there were 403,000 square feet of non-exempt floor area; the affordable housing in the Village core (townhouse neighborhoods and center) was 68,490 square feet, the Maroon neighborhood (west side) there was 13,570 square feet of affordable housing, the Thunderbow1 neighborhood had 24,750 square feet of affordable housing. Daniel said that the tourist accommodation was 155,000 square feet. Horn said that in the county there were not floor area calculations in the mix and the TDRs get backed out also. 5 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 Dylan Johns asked ifthere were regulations for uses that could occupy ground floors in the building 2 space. Horn responded there were no prohibitions. Johns asked if there would be hardscaped areas with the golf course plan. Dunnett replied the holes were designed on concrete slab with exterior kind of durable carpet material. Dunnett did not have any photos or imagery for this course. Johns requested some imagery for this course to see how it manifests itself. Ruth Kruger stated that she was the rental agent for Aspen Highlands and spoke of listing the retail space and never being able to rent any of the spaces. Jasmine Tygre asked where the condo meeting room space was located in building 2. Horn replied there was a 700 to 800 square foot space reserved for the operation of the hotel and the space in building 2 has never been utilized for a meeting room. Daniel said that the Ritz Carlton built some meeting space internally in their building for their functions. Joyce Allgaier asked where the miniature golf course was staged from; where would one sign up to play, rent their clubs and pay the fee. Daniel responded that there was the potential linkage of food and beverage that would be anticipated for those services at the Ritz Carlton, which owns that space. No public comments. Tygre noted a letter from Tom Ward in the packet. Kruger commented that this particular space was very large with a number of different users that wanted to use it (hair salon, gym, furniture) but because of the parking situation during the winter the 450 parking spots were used for SkiCo. The space doesn't have that commercial user traffic and was somewhat dysfunctional as a retail space and has been vacant for 6 years; it would be viable as a residential space and supported the change. Kruger said it was a compatible use with the adjacent uses of the Ritz Carlton. Johns said there was shortage of office space and asked if there was a way to allocate some parking to this space. Daniel answered as a part of the entitlement they were restricted to 435 day skier parking spaces at the base of Aspen Highlands and it was a requirement of the PUD that those 435 spaces be paid parking and part of the transportation requirements. Garrow said that providing spaces would require a PUD Amendment. Johns said that he could not support the conversion to free-market residential without a more exhaustive way of showing that something like an office use wouldn't be able to work. Johns said for the golf 6 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 course he did not feel like he understood the manifestation of what it would be to know whether or not it would work. Johns said the hardscape would change the look of the base of the mountain and hopefully it would be a positive for the Village. Johns said that there did not seem to be a conflict with the miniature golf and the PUD. Johns said the conversion of the unit did have some conflicts with the Aspen Area Community Plan. Skadron shared some of Dylan's concerns and was sensitive to the difficulty in making retail work at Aspen HigWands and converting this to residential would forever prevent it from becoming something that might possibly be economically viable. Skadron said the golf course would be a great addition to summer activity at Aspen Highlands; he had no objections to it. Brian Speck sympathized with the planning of Highlands. Speck liked the golf course to keep bring people into the community. Speck felt that changing the retail use was disastrous to the pedestrian make-up for the future but he also saw the argument for it. Kruger said that this was a disastrous situation for parking. Kruger stated the miniature golf course was a great idea. Tygre asked where the people would park if that space was converted to residential. Daniel said as a part of the PUD there were a certain number of spaces for the day skier parking structure and under the plate there was parking for the tourist accommodations, affordable housing and an allotment of about 1 space per 1500 square feet of commercial space. Tygre asked how big the free-market residential unit was. Garrow replied approximately 3200 square feet. Daniel said there were about 3 parking spaces if it were residential and if it were commercial there were 4-5 parking spaces available but not for shoppers. Tygre stated concern for changing PUDs. Tygre said the City P&Z came in afterward because the County was the reviewing body; the project was annexed after the county approvals and the results may not have been what a lot of people hoped for. Tygre said that despite her aversion to the change in use, she could not see how a commercial use would bring a lot of vitality because there would be the need for pedestrian activity and parking to make be vital; an office would not bring any vitality to the area or would residential. Tygre said that she would hate to see another request in the future to add commercial space after this retail space were converted to residential. Tygre said the mini golf course would be helpful to bring people into that area in the summertime and agreed with Dylan on obtaining more detail about the way it would affect the pedestrian experience. Tygre suggested separating the issues. 7 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 MOTION: Ruth Kruger moved to approve Resolution #33, series of 2006 to approve a substantial PUD Amendment for the construction of a mini-golf course and to approve a requested PUD Amendment for the conversion of retail /condominium meeting space to one free-market residential unit at 133 Prospector Road. The resolution further recommends to City Council the approval of the requested subdivision associated with the conversion of the office/retail to free market residential. No second - motion dies. Skadron requested a schematic for more detail on the golf course prior to approval for it. Johns felt that he could support the golf course as long as it did not become too Disney. MOTION: Dylan Johns moved to approve the resolution to approve a substantial PUD Amendment for the construction of a mini golf course; seconded by Brian Speck. Roll call vote: Kruger, yes; Skadron, no; Johns, yes; Speck, yes; Tygre, yes. APPROVED 4-1. MOTION: Dylan Johns moved to approve the resolution to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one free market at 133 Prospector Road. The resolution further recommends to City Council the approval of the requested subdivision associated with the conversion of the office/retail to free market residential with the restriction of a maximum of 3 parking spaces allotted to that free market unit. Seconded by Ruth Kruger. Roll call vote: Speck, no; Skadron, no; Johns, no; Kruger, yes; Tygre, yes. DENIED 3-2. PUBLIC HEARING: SMUGGLER RACOUET CLUB MOTION: Ruth Kruger moved to continue the Smuggler Racquet Club Conceptual PUD to December 19'\' seconded by Steve Skadron. All infavor. PUBLIC HEARING: LODGE AT ASPEN FINAL PUD Jasmine Tygre opened the public hearing for the Lodge at Aspen and explained due to time constraints there would just be a presentation by the applicant and no public comments. The public notice was provided. Joyce Allgaier said that she would present the staff analysis at the next meeting. 8 ASPEN PLANNING & ZONING COMMISSION - MINUTES DECEMBER 05. 2006 John Sarpa said they were into the process for 3 years now and I year from conceptual approval from City Council. Sarpa said Council provided clear direction to look at height, mass and bulk of the building, street issues, integrate with the East neighborhood. Sarpa said this project was lower, less of an impact on the neighbors and the rest of the city. Sarpa utilized a picture of the street and stated that they have worked with the city staff, the Canary Initiative, Engineering Department and RMI and other conservation engineers. Sarpa said keeping in mind energy conservation and safety issues what was the best way to address South Aspen Street. Sarpa said not surprisingly it was to heat it with a hybrid of the snowmaking system that allows that street to stay dry and safe in the coldest temperatures but also a hybrid with ground source heat pumps. Sarpa said there would be two systems to heat that street, the traditional one to heat the boilers and the ground source; their engineers would come back on January 16th to speak about the cutting edge in the environmental sense. Sarpa said that the building complex would also be made more efficient than the current codes require. The ground source heat pumps also cool the building and they will also work with CORE. Sarpa said they would pay for the new lift. The lift will be operational prior to the construction of their building. Sarpa noted the building would be reduced in height; the building had a new design that had 2 major areas that were set back 80 to 90 feet back with porte cochere entrances. Sarpa said there were 4 distinct areas broken up with different materials, windows and roof pitches, which Bill Poss will describe at the next hearing. The bridges was lowered and flattened. There were additional setbacks from Juan Street and from Lift One; the Lift One side entrance was removed. The affordable housing was moved and better located; the current proposal houses 115 people, this project now has about 77% of employees housed in the city and only 23% outside of the city. Sarpa said they would go over and above the energy conservation from the code. MOTION: Ruth Kruger moved to continue the public hearing to January 16'h; seconded by Steve Skadron. All in favor. Meetin adjo~d at 7:00 pm. Cki~ L~thi~ ~ty Clerk 9