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HomeMy WebLinkAboutminutes.apz.20070828 _.~...".,..-,._~c_,,..~._ Asoen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 COMMENTS ............................................................................................................ 2 MINUTES .................................................................................................................2 DECLARATION OF CONFLICTS OF INTEREST ............................................... 2 CHRIST EPISCOPAL CHURCH GMQS and OTHER LAND USE APPROVALS ...................................................................................................................................2 1 Asoen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 John Rowland opened the special meeting at 4:30 p.m. in Sister Cities Meeting Room. Commissioners present were Brian Speck, Dylan Johns, LJ Erspamer, David Guthrie and John Rowland. Staff: Jim True, Special Counsel; Sara Adams, Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Jennifer Phelan distributed copies of the final edits of the Commercial and Lodging Design Standards. Jackie Lothian said City Council was conducting interviewing for P&Z members tonight and on September 11 tho MINUTES MOTION: LJ Erspamer moved to approve the minutes from August 7th and clarified that the minutes from July 1 ih were to include the Lift One tax district was a property tax district and the North of Nell building doesn't meet the pedestrian amenity and the building is existing and there was nothing that can be done to meet the pedestrian amenity; seconded by Brian Speck. Approved 3-0 (2 abstained). DECLARATION OF CONFLICTS OF INTEREST None stated. CONTINUED PUBLIC HEARING (08/07/07): CHRIST EPISCOPAL CHURCH GMOS and OTHER LAND USE APPROVALS John Rowland opened the continued public hearing. Sara Adams said there was a growth management review; recommendation to city council for an essential public facility; a conditional use amendment for the increase in floor area (currently 7,118 square feet to 9500 square feet); special review for parking (the applicant requested new parking requirements); 2 dimensional variances (rear yard setback of 5 feet and site coverage for 40%). Adams provided resolutions with changes to the parking with the addition of onsite bicycle storage. Sara Adams introduced 3 letters into the public record from Lisa Markalunas, Anne Burrows and Janice & Charles Collins. 2 -_....>..,.",~,-,,"'"'--~,~,,-, Aspen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 Jim True commented there were legal implications involved in this application; the religious land use and institutionalized persons act of2000, which is a federal law, may come into play in the consideration of the application however one important aspect of this law (RLUlPA), there was no discrimination by the government. The government can not treat the religious organization on a less than equal basis than any other applicant; the staff analysis was consistent this aspect of RLUIP A in that it was treated as any other applicant. LJ Erspamer asked if this act changed the fact that approval of one project doesn't set precedent to approve another religious project. True responded that from a general context that you do what you have to do with any religious entity was to apply the terms of the act to the specifics of that case and treat any application with no less than an equal position. Erspamer asked if you set a precedent with one religious institution do you have to treat the other one the same. True replied that you can not treat any religious organization with a less than equal basis or any other religious organization or any non religious organization. Bob Blaich represented the applicant and gave an overview of the last presentation and addressed the issues with the removal and replacing of the landscape on the alley of the rear of the church; the alley right-of-way for public and emergency access was not affected by the addition to the rear ofthe church; the 1980 parking approval to provide 8 off-site parking, there have been no complaints to the Aspen Police Department with regard to parking against the church; the redevelopment of the facility was not predicated on expanded uses but to better serve the congregation and those organizations that utilize the church facility for public permitted use and if in the future there was a need to seek new uses it would go through the public process with P&Z and City Council and the expansion of the worship space was to more efficiently utilize this space and the new hospitability space replaces that in the basement; both spaces are being brought up to code. Blaich said the existing basement space (undercroft) will be utilized for meetings, church school and church offices. The addition of the elevator will provide handicap access to both levels. Blaich said that the main church roof will be slate colored metal. Sanchez utilized the program space in original arched volume chart for the existing and proposed square footages for the foyer (existing & proposed 298.00 SF), nave (existing 988.22 SF and proposed 1,202.12 SF), chancel (462.26 SF and proposed 604.75 SF) and balcony (existing 228 SF and no balcony proposed). Gilbert Sanchez noted the property line was at an angle so the setback variance needed only occur at 2 points; the mass of the building was peaking up with the barrel shape. 3 Aspen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 Sanchez distributed and spoke about the new site plans, which included the alley, view analysis, solar analysis, West End map, parking analysis, site history and a color computer generated drawing from the alley. Sanchez said the cross town shuttle goes right by the church and bike racks would be provided. Blaich said the Collins' letter requested the church activities be limited that were non-religious programs and noted the parking problems were from the Music festival, Physics and Aspen Institute. Blaich listed the current activities as AA meets 3-5 times a week with 20-25 people; the Aspen Music Festival meets 5-6 weeks per summer Monday thru Saturday with 10-20 students; Aspen Youth Experience meets 2 weeks in the winter with about 40 kids and their leaders; La Leche Le meets 1 day a week year round with 7 moms and their kids; Youth with a Mission meets one long weekend during the X-Games with about 25 students and teachers spending the night; Music Together meets 1 day a week year round with about 40 moms, infants and toddlers for music appreciation; ALA Holiday Baskets for 3 weeks daily in November/December with a few people in the church that put the baskets together and someone picks them up; Music in the West End with 3 performances in January, February and March. Dylan Johns inquired ifthere was a daycare. Blaich replied there was no daycare. LJ Erspamer asked the lot size. Adams replied 15,599 square feet. Erspamer asked the average setback in the back. Sanchez replied that it averaged between 5 and 7 feet. Erspamer asked how far back the new extension was going. Sanchez responded 12 feet. Erspamer said if some corners were eliminated it might help with the setback issues. Sanchez said the only new addition in terms of permanent space was the undercroft, which would be used as a hospitality hall. Sanchez said the toilets were being brought up to code and enlarged for ADA accessible. Sanchez said that the uniqueness ofthis building was that there were windows in the basement 4 feet below the first floor so the square footage was counted into the FAR. Public Comments: 1. Janice Collins said their complaint was the size and the variance; she said that they lived directly across the alley from the church. Collins said they were most impacted by this proposed variance (as stated in her letter); she stated that she did not want an expansion of the programs. Collins asked for the proposed seating. Sanchez replied that it was flexible seating, a modular pew chair. Blaich said that there have not been any final decisions made by the sub-committee. Collins asked 4 "_-,-"--,~-,_.--..,,," -'-"'..."->.. ._-----~--,-_._-- Aspen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 if this additional space was necessary and did not feel the same with the addition on the back. Collins voiced concern for the lack oflandscaping in the alley. 2. Diana Rumsey said that she has been a member of this church for almost 40 years and stated that there were also funerals, weddings and other church functions. Rumsey said there were now 2 dishwashers; the added space of the church was necessary because the plumbing, roof and insulation all needed replacement. Rumsey said that the inside and the outside of this project would be attractive. 3. Father Bruce McNab, the pastor of Christ Church, said he records the attendance for every church event; the average number of people in the 1980's and 1990's was 50 or more people attending than this last decade. The current average was 112 attending on Sundays. Father McNab said the reason for the improvements was to allow for wider isles and not to allow for more seating; it was a safety issue. 4. Lisa Markalunas said that a seating plan was required to the neighbors. The parking was a huge impact from Sunday services, large weddings and funerals as well as the Music Festival and Harris Hall. Markalunas suggested approaching the City to request the cross-town shuttle service be increased. 5. Ann Burrows ran numbers regarding the attendance for the Music tent and Harris Hall that was 83,700 people. 6. Mary Janz suggested moving the organ so that the organ player can see what was gomg on. 7. Colleen Burrows asked for a re-configuration and a current site plan. Burrows attended a concert last winter and it was stated that they wanted to have more concerts in the future. Burrows said that there was a double standard because this was a church and it was being treated differently; she requested the church follow the same rules. Burrows said the West End was not second homeowners the people that live in this neighborhood were raising their families. 8. Claude Salter stated that they were held to the same changes if there was a remodel or this massive addition; the building still has to be brought up to fire code and accessibility. Salter said that this was about the massing. Salter requested a seating plan. Salter said that alleys were a treasure. 5 Aspen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 9. Steve Falender stated that he lived across the street at 603 West Gillespie and since the last meeting the church has not contacted him. Falender said that the 7 closest people to the church were all raising families here and they were part of the community. Falender said if the church agreed not to have an increased concert schedule that would go a tremendous way and they have neglected to put anything in writing. Falender said that by putting the number of concerts in writing would go a long way to satisfy the neighbors. Falender said P&Z must decide whether it was consistent with the policies to enforce setback requirements in the West End. Falender said that in the documents there was a way to appropriately evaluate what was an appropriate variance; he requested P&Z reread those sections to determine why the church can't add significantly without going into the rear yard setback. Falender said they have not opposed the increase in FAR or the extensive increase in lot coverage. Falender asked P&Z to request the church meet the rear yard setback and agree to the number of concerts but grant the increased FAR. Falender requested that Community Development review the metal rooffor design standards review. 10. Susan Horsey said that she liked having the church in the neighborhood. Horsey said the Christ Church mission was to share the love; playing music from the great composers. Horsey said the church has open doors. 11. Warren Klug said that he was a member of Christ Church and lived just a few blocks away; all over the country churches were located in residential areas and it works. Klug said the business of Christ Church was to take care of people in the community in respectful and positive ways because it was a place of worship, ministry and renewal. The concerts were small and intimate. The goals were to make the building and the work of the church function better, safer for everybody and a better fellowship area on the main level. Klug said the increase was not that big, it was 128 square feet. 12. Keith Gardner said that the term concert was of major concern for some people; the concerts taking place at the church were maybe a piano or an organ plus a violin; he doubted that they were audible outside the church. 13. David Wiedinmyer from Grassroots Aspen Youth Experience who made their home in the basement of this church in this beautiful neighborhood as a guest; they were moving their program because there was not enough space in the church. 14. Lisa Markalunas asked for clarification on the addition of square footage. Sanchez replied that they were going from the existing 7,118 square feet to 9,000 square feet. Sanchez said the reason that they were not moving the church forward 6 .. -- -...._~....."'~,'_"__"-~_",......o..w Aspen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 was because there was an existing tree that they were not allowed to move so they adjusted the plan and took away 500 square feet. 15. Joan Macney said that she was a deacon at this church and said that there should be an element of trust for the good of the community. Sanchez said the church sent out letters and packets to all of the neighbors. David Guthrie asked if the metal was slate colored. Sanchez replied that it was zinc, which was a velvety textured metal with almost no reflectivity and absorbs light. Blaich stated that this roof replaces asbestos shingles. LJ Erspamer read the definition of essential public facility (page 10 of the memo) and asked staff to elaborate on that. Sara Adams replied that essential public facility was what they have used in the past to review churches. Erspamer asked if a change in use occurred they would have to come back before P&Z. Jennifer Phelan responded that this was a conditional use so if there was a major amendment to their plan they would have to come back to the Planning & Zoning Commission. The commissioners were all good with the GMQS, Conditional Use, Special Review criteria. Erspamer asked what the percentage of site coverage was with the lowered FAR to 9,000 square feet. Sanchez replied that it was probably 36 or 37%. The alley variance discussion included Guthrie commented that they alley that he lived on had setbacks everywhere; all of the alleys had encroachments whether it was a garbage dumpster enclosure or a building, which was part of the messy vitality that used to be desirable here. Brian Speck and Dylan Johns said that there was not a hardship for the setback variance. Johns said that a garage was one nature for an alley variance but a building that was 18 feet tall was another; he said that it was partly a scale matter. Erspamer said dropping the square footage made a difference for him. Adams said that to grant a variance was generally consistent with the purposes goals, objectives and policies of the AACP. Adams said that she demonstrated in other exhibits that they do find that expanding the church for the reasons in the application that meet the AACP, in terms of providing community services. Adams stated to grant a variance there was the minimum variance possible for the 7 Aspen Plannin!! & Zonin!! Meetin!! Minutes - Au!!ust 28. 2007 reasonable use of the parcel, building or structure; based upon the application it was the minimum variance. Adams noted that the 3rd criteria was hardship and because the applicant was not doing a scrape and replace but working with the existing and difficult form; they were trying to keep the scale down and the shape of the parcel was unique, which was another constraint. There were certain corners that were in the setback and not the entire structure. John Rowland said that this was a minor infraction on the alleys and there was a balancing act. Sanchez utilized the model to show the element that was low scale and the impact was minimal for the benefits that this space will produce for the church, congregation and the community. Erspamer said that listening to what Jennifer and Sara had to say there was a limit on the church activities. Jim True noted that expanded use was not a part of the application. Johns said that functionally speaking there was an argument to take the main portion of the current church and grant that the extension that they were requesting. Johns said that he was having issues with the additional part of the building sharing that same variance, which goes along with the fact that they were having to work with an atypical design space and may need a little more to make full use of the space for their purposes. MOTION: Brian Speck moved to approve Resolution #23, series 2007, approving with conditions, an increase in floor area from 7,118 square feet to approximately 9,000 square feet though Conditional Use process, an establishment of off-street parking requirements through the Special Review process to require four (4) onsite spaces and one (1) stacked space, the required dimensional variances as indicated in Staff's memorandum and recommending City Council approve with conditions, Growth Management Review for an Essential Public Facility. Seconded by David Guthrie. Roll cal vote: Erspamer, yes; Johns, no; Guthrie, yes; Speck, yes; Rowland, yes. APPROVED 4-1. John Rowland supported staff in the research and code interpretation. Adjourned at 7:00 p.m. ckie Lothian, Deputy City Clerk 8