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HomeMy WebLinkAboutminutes.apz.19830719 ~ ORM'~ C_ ~. HOECK EL B. B. 1\ L. CO. " ' RECORD OF PROCEEDINGS 100 Leaves REGULAR MEETING JULY 19, 1983 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held a regular meeting on July 19, 1983 at 5:00 p.m. in the Council Chambers. Present were Jasmine Tygre, Pat Fallin, David White, Roger Hunt, F.lluLSheldon... .andWelton Anderson. Commissioner Comments Satellite Dish Special Review City Plaza Building GMP Allocation The commission discussed the visitor's center propcsed for the Ruby Park transportation center. Colette PeRne,-~Pl~nning, saida-visitor's center in the bas~ent of the Wheeler Opera House was also under consideration. Roger Hunt confirmed that at least four Councilmembers do not want a transportation center at Rubey Park. He also stated that his input from the lodging community was that they were "up in arms" over Council's decision. Colette explained that the main objection to the transpcrtation center was the commercial space, however, this was not the only objection. Roger Hunt stated that the City used car lot was in operation again. Mr. Hunt asked if there was a way the zoning enforcement officer could find the City "carrying on a nuisance out there." Colette thought that the zoning enforcement officer or the Police Dept. should be able to do something about this. Pat Fallin asked if the planning office had contacted the school board. Colette said that she had written a letter but had not yet recieved a reply. Pat Fallin also asked about Arthur's request for outside tables. Ms. Fallin said that she was not sure Arthur's had met all of the commission's conditions. Welton Anderson, acting chairman, opened the continued public hearing on the Recreation Broadcasting Inc. Satellite Dish Special Review. Colette explained that the poles fo:':: the.dish.hadnot been Xlp at .the time of the commission's site .visit because:theapplicanthad called the manufacture andu.had.fOund that.the J1Ianufacture cfeltthat the pole mount was unsafe due to height and would -not guarantee its warrantee. Colettec said that the memo dated July 19, 1983 regarding the satellite dish was prefaced on the information that a pole mount was going to work and that it would be very invisible compared to other locations on that property. Colette had recommended that the..__colllIilissioDceXtend t!l!3~applicant's conditional use permit for that sort of installation. Colette stated that as of July 19, 1983, because of the applicant's problem with the manufacture, the commission had two choices: the commission either goes back to the option of mounting the dish on the carport, which seems to be the safest option, or tables the issue. Pat Fallin moved to table the special review until the next regular meeting. Jasmine Tygre seconded the motion. All in favor, motion carried. Alan Richman of planning, began his presentation of the ~ity ~laza GMP Allocation by stating that the applicant had submitted a revised proposal for the landscaping plan. The original plan had proposed landscaping on three sides of the building, a pedestrian path in the midst of which would be a bench and fountain, and an arcade. The revised plan includes most of the above features. Alan went on to say that there are a couple of ways that Planning & Zoning can proceed with changes from the original GMP application. Those changes are a public hearing taking place, a rescoring of the application and a possible recommendation of the decending allotment. Secondarily, the commisssion has the ability to recommend additional conditions to council. Mr. Richman said that looking at the original score that the project recieved, 21.9 points, which is 50% above the threshold (14.4), he didn't think that the applicant was in any danger of dropping below the threshold. However, the Planning Office was concerned that an applicatiQnwhich:.had~.re"ie\1ed FORM" C.F.HOECKELB.B.l\l.CO. RECORD OF PROCEEDINGS 100 Leaves City Plaza Building (cont. ) very high marks in terms of site design and had recieved bonus points from the Commission because of the green space, pedestrian ameneties, etc., would have some of the features "bargained away" after the allocation had been granted. Allan Richman explained that the major issues before the P&Z are: the amount of landscaping taking place in the original proposal versus the present proposal and some of the specific features of the bench/fountain proposal, not shown at all on the new drawings. Considering the approach along Hopkins St. and the area behind the property, the question arises as to whether or not enough landscaping has been proposed by the applicant to satisfy what was in the conceptual submission. Alan explained that the landscaping was not at the same level but was substantially similar with the exception of the arcade area where there is less landscaping than originally proposed. Alan recommended additional landscaping particularly in the arcade area, recognizing that the area may be used as an outdoor restaurant and seating area. Secondly, there was a bench and fountain on the original plan. Mr. Richman said that he felt those were very desireable pedestrian amenities. Both have been removed and there is some question as to whether both should be replaced or if the fountain should be eliminated all together. Jack Miller representing the applicant, stated that the ~ount of original landscaping precluded outdoor seating for a restaurant and in the present market it is very difficult to obtain a restaurant especially if no outside seating is allowed. Jack explained that they (the applicant) had landscaped an additional corner and had replaced the bench. However the applicant would still like to eliminate the fountain because of the difficulty in maintaining and building it. Therefore the applicant would like to request that the landscaping be lighter in the patio/arcade area so that some outside seating could be obtained. Jack said that the bench had been moved because of a 6~ percent slope, and the stairway had been moved to the other side to maximize the area for seating. Paul Sheldon stated that he was sympathetic with the concerns about the rentablility of the space but he felt that the Commission must make sure that there is some greenery in the area. Mr. Sheldon wasn't sure that flower boxes would be enough. Jack explained that the proposal did not include flower boxes but rather it included "15" planting strips" which would allow adequate planting to soften the wall. Paul said he was not worried about the loss of the fountain but he would like to see benches in place of the fountain as well as in the _original site. Mr. Sheldon said that he would also like the smaller benches. David White said that his main:.:'conce~n~'~waa.,::that the~ ~~wa'lk t:g.r.ough~~~ '_which is potentially an inner city walkway, remain somewhat of a park.. Roger Hunt stated that when a developer comes in with a proposal he looks at it from the land use point of view; he is not particularly concerned with the rentablility of the applicant's space. The rentability of space is something the developer should take into consideration when he designs the building. Therefore, Mr. Hunt said that he would vote against the proposal. Roger said that he did not like the trees at the lower level though he had no problem with the elimination of the fountain. Alan told Roger that he was not voting for or against anything but was recommending conditions to be imposed on the building. Alan said he needed a positive recommendation from the Commission. Roger said that -2- FORM'~ C.F.HOECKElB.B.lil.C<l. RECORD OF PROCEEDINGS 100 Leaves City Plaza Building (cont.) he would recommend removal of the fountain, addition of benches and returning the landscape plan of the garden level to the original. Paul Sheldon asked if a planter could be restored to the corner and still allow pedestrian access to the stairway. Alan said that it could be recommended. Paul agreed with that type of recommendation with the condition that there be space for two trees. Jasmine Tygre said that changes approved by the board should only be changes that result in the improvement of the building or that the Commission get more than what was originally sought, :not less. Jasmine felt that in this case the board was getting less than they sought, though it was not severe enough that they would not approve the building in the first place. Ms. Tygre said that she was disturbed by the loss of landscaping on the lower level for a restaurant, especially when outdoor seating will only be used three months out of the year. Jasmine said that didn't like to see the loss of the fountain because there was a little something of intrest between the buildings. Jasmine recommended that the conumnission "stick with the original plan." Pat Fallin said that she felt as Jasmine did, that if the Commission recieved something better that's fine, but she was against approving an alloacation and than letting the applicant "chop away at it". Ms. Fallin said that she could live without the fountain and suggested that it be replaced with a nice piece of sculpture. Pat Fallin recommended that it be as close to the original plan as possible. Welton Anderson said he understood changing the _ orientation.afe.the staiJOWay~._. which was basically the only major change. Welton pointed out that the applicant could have come in with a different size landscaping plan and the stairway reversed and taken a little hit more than they showed in the plan. Welton thought it showed good faith on the part of the applicant. Welton said he would be in favor of supporting a motion that would be in line with the original plan, meaning that the landscaping is not acceptable in the two plans presented to the Commission. Welton said he would like to see several benches as opposed to one, and he liked the fountain. Jack said that the fountain in its present planned position is in the breezeway and the applicant is concerned that there will be a wind tunnel affect. Welton Anderson thought that the general concenses was that the'-' board members would like the proposal to take its original form. After some discussion by board members regarding extended patio, floor area ratio, and the square footage of planters David White moved to take the square footage of the planter at present time. Pat Fallin said that she would like to see what the planter would look like before she voted on it. The Commission agreed that they would all like to come back and look at the planter before voting. Roger Hunt moved to table action on the City Plaza GMP allocation until the next regular meeting giving the applicant the following guidelines: 1. The garden level area-landscaping-be maintained on an equal area basis. The orientation of the sairway is not a problem as it is shown on the new plan. 2. The utilization of the right of way for the planter is acceptable to the commission. -3- / ' RECORD OF PROCEEDINGS 100 Leaves ~ORIo!" C.F.HOECKELB.B./loL.C8. 3. In the pedestrian walk-through area, if at all possible, a statue replacing the fountain, provision of benches not only in the area as shown but also along the northern end. The Commission would also like smaller benches as opposed to one large bench. Pat Fallin seconded the motion. All in favor, motion carried. Allan adressed the issue of energy conservation in the City Plaza Building. Mr. Richman said that the City Plaza Building when first'jpresented:..was judged to be exceptional in terms of energy conservation features. The proposal included a wide variety of features some of which have been picked up during construction, others. which .have cbeen:,iIlcxoeased:.and others which have been deereased or eliminated. Alan said what the Commission was getting in terms of benefits in one area compensated for the losses in another area. The first energy-area was insulation. The applicant proposed insulation in the exterior walls and a low-grade insulationcinJtlie roof. In all cases the applicant was slightly above code in their 1981 proposal. Allan explained that the applicant had originally proposed R-25 and are now proposing R-28 for their exterior walls. An excess of R-ll was proposed for their low-grade, their actual low-grade is R-12 almost 121,. ' Alan said that the roof was the most intresting area. The applicant proposed a roof of R-26.6. The proposed roof was a translucent arcade with safety glass, glazing, transparent insulation etc. When the proposal was taken to HPe the conunittee said "too much glass", therefore the roof will now be metal. The insulation value that they will get from a metal roof however, which was 26.6 will now be 51 plus. HPC requested a metal roof with skylights, however skylights must be insulated well and the applicant is incapable of getting the glazing value that the Building and Planning Departments might wish. The applicant is not able to do louvers and in particualar the major north facing windows which were proposed as transparent insualtion with a high R value. The applicant is now doing standard double paned value. The reason is that it is technically not feasible to go with parts of the original proposal. In other words it was feasible at proposal but not at detail. The applicant had also proposed insulating shutters on north facing windows as well as insulating type drapes, which "we'.' are not getting. The solar collection for hot water heating is definitly planned. Alan stated that the Commission was getting most of the issues, but is losing some insulation and glass values as well as some ventilation values. Jack said that the translucent roof had an R value (value of resistence) of 13. The applicant has increased the R value almost 300% to 51. Jack explained that the applicant was requesting that the R-4 glass be changed to R-2, and pointed out that by going to a high roof the R value has been increased from R-30 to R-44. The high roof is being insulated in 12 inch fiberglass. In order to alleviate the loss of R value in the glass the applicant is adding six inches of insulation. Jack said that the applicant had also proposed an insulating curtain on the north facing glass which conserves heat. However, the applicant would now like to remove it from the proposal because it is bulky and unsightly. By removing the curtain there would be an R-4 loss. Essentially the R value would decrease from R-9 to R-2. Welton Anderson asked if "it was all according to code". Jack replied that the applicant was way above code and guessed that the energy conservation was 25-30% better than the original proposal with 25-30% less heat loss. -4- FORM ~O C. F. HO "CKE l 8. B. 1\ l. C~. RECORD OF PROCEEDINGS 100 Leaves City Plaza Building (cont.) Hill Street Bridge Jasmine Tygre said that it seemed to her that the translucent panels would have been a more appropriate and attractive design feature. David White was concerned about the creation of a space that would not have any light coming into it. Prior to the change in the roof the space would have had some light from the translucent roof. Alan and Jack explained that there would be three skylights in the area. ~Roger Hunt asked what the applicant was doing for ventilation. Jack said that 60% of the ventilation will be fresh air and 40% will be mechanically tempered. Pat Fallin moved to accept the new proposal. the motion. Jack explained that there is no All in favor, motion carried. Jasmine Tygre seconded cooling system planned. Paul Taddune, city Attorney, stated for the record that thedassumption all along was that the Mill Street Bridge project was going to be built as a result of an agreement between the City and the County. As of Monday July 18, 1983 the City Council for its intrest to our part and some of the improvements to. the Smuggler area has not had a chance to fully analize and review the master plan, and because of that is not intrested in coordinating its improvements with the County's improvements, specifically the first phase of the project known as the Mill St. Bridge. Because there is a question of the County's jurisdiction over the bridge, vis a vis the City's jurisdiction over the Mill St. bridge, Paul requested that the Planning and Zoning Commission table the application util such time that Paul can give it the adequate review that it demands. Paul added that he was hoping that there would De a political resoulution regarding the issue that would mute, negate or avoid the legal questions. Mr. Taddune said he was still hopeful that the matter would be resolved. Paul Sheldon moved to table the Hill Street Bridge application. Roger Hunt seconded the motion. Jay Calvarese, assistant county attorney, stated that the county would like the P&Z to consider the application at the present meeting, putting off any decision until a title certificate can be presented, possibly by the end of the week. Jay explained that the county could lose the building season if they don't have things underway by the end of the week. For this reason Mr. Calvar.ese requested that the stream margin review be discussed. Paul Taddune said that according to section 43-1-217(2) of the Colorado revised statutes "each county highway (which includes a bridge by definition) in a city or town shall be maintained by such city or town". Paul stated that if this were a maintenance project as opposed to a construction project, it is concievable that the jurisdiction of the bridge is in the city regardless of who owns it. Roger Hunt asked if going ahead with the stream margin review would prejudice the City. Paul Taddune said it would because the Commission would be acting upon somthing that may not be within its jurisdiction. The Commission might also further confuse both the applicant and the City with respect to its rights and responsibilties. Jay Calvarese said that if the Commission tabled the application they were essentially killing the project for this year. If the applcation were acted upon or approved then the Commission was bringing the project back into a political forum where it can be resolved between the Council and the County Commissioners. -5- ~ORM'.D C-~.HOECKELB.B.l\l.CO. RECORD OF PROCEEDINGS 100 Leaves Mill St. Bridge (cont.) Red Onion View Plane Special Review Gary Esary, City Attorney, told the Commissionc.tha:tc.P.<iul..Taddune had stated the primary position of the City. There is.a.secondary technical position. Generally there is a policy in which applications are not processed after an ownership question has arisen until the ownership question has been resolved. Generally ownership is assumed; when a question arises regarding ownership it is up to the City Attorney to make a determination based on either a title opinion from a title company or a certificate of title signed by a licensed attorney of Colorado. Because of the Councits decision the City will not be a co-applicant. The City attorneys asked the County to provide standard proof of ownership and what they have provided was not a document title matter that Gary Esary recognized. Gary said that what the City Attorneys have requested is consistent with the policy. Gary reiterated that the the documents presented by the County, in his professional opinion do not even approach settling the question of ownership. Gary advised that the Planning and Zoning Commission table the application. Roger Hunt said he would like to modify the motion. The modification was as follows: that the Commission table the application until 5:00 p.m. the day following the resolution of the two issues by the City Attorney. Roger Hunt withdrew his second. David White seconded the motion. Paul stated that he wanted to provide the board with the correct information. Roger Hunt said he would vote against it because it wasn't specific enough. Pat Fallin said she would like to hear the case. All in favor with the exception of Roger Hunt and Pat Fallin, motion carried. Alan Richman of Planning presented the Red Onion view Plane Special Review. This is a request for special approval for an approved commercial growth management project of 2,560 square feet to be built with an encroachment into the Wheeler view plane. Paul Sheldon moved to approve the special review for the proposed second story addition above Stephan Kaelin's Sport Shop on the Cooper Avenue Mall to be built within the Wheeler view plane. Pat Fallin seconded the motion. All in favor, motion carried. Roger Hunt moved to adjourn the meeting. Pat Fallin seconded the motion. All in favor, motion carried. The Planning and Zoning meeting adjourned at 7:00 p.m. lie M. Markalunas City Clerk's office -6-