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HomeMy WebLinkAboutminutes.council.20080414Regular Meeting Asoen City Council Aaril 14, 2008 COMMUTER ALL STAR AWARDS ............................................................................. .. 2 CITIZEN PARTICII'ATION ............................................................................................ .. 2 COUNCILMEMBER COMMENTS ................................................................................ .. 3 CONSENT CALENDAR ................................................................................................. .. 4 • Resolution #31, 2008 - Adoption of Pitkin County Nordic Trails ....................... .. 5 • Resolution #26, 27 - 2008 -Contract Awards for Clarifier Covers ..................... .. 5 • Resolution #32, 2008 -Castle Creek Water Hydroelectric Improvements.......... .. 5 • Resolution #33, 2008 -Contract Castle Creek Underpass Improvements ............ .. 5 • Minutes -March 24, 2008 .................................................................................... .. 5 ORDINANCE #11, SERIES OF 2008 -Clarifying Definition of Maintenance for Wheeler Opera House ....................................................................................................... .. 5 ORDINANCE #12, SERIES OF 2008 - 612 West Main Establishment of TDRs .......... .. 6 ORDINANCE #13, SERIES OF 2008 - Interfund Loan ................................................. .. 6 RESOLUTION #53, SERIES OF 2007 -Smuggler Racquet Club Affordable Housing Conceptual Development .................................................................................................. .. 7 ORDINANCE #1Q SERIES OF 2008 -Extension of Commercial Mix/Historic Interiors ........................................................................................................................................... .. 7 ORDINANCE #3, SERIES OF 2008 -Fire Station COWOP ......................................... .. 8 ORDINANCE #6, SERIES OF 2008 -Establishment of TDRs 827 Dean ...................... .. 8 ORDINANCE #8, SERIES OF 2008 -Code Amendment Wildlife Protection .............. .. 9 ORDINANCE #1, SERIES OF 2008 - 434 East Cooper Subdivision (Bidwell Building) ........................................................................................................................................... 10 1 Regular Meeting Aspen City Council Aoril 14, 2008 Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Johnson, Skadron, Romero and DeVilbiss present. COMMUTER ALL STAR AWARDS Jannette Whitcomb, environmental health department, explained to Council these awards are given to city employees who use methods other than driving to get to work. Brent Stapleton, street department carpools; Lisa Boucher, finance, takes the bus; and Frank Arenella, recreation center, walks. They save money and keep carbon dioxide out of the air. CITIZEN PARTICIPATION 1. Junee Kirk suggested postponing consideration of the Bidwell building as the Historic Preservation task force has just starting meeting. Ms. Kirk said the HP task force is going to examine historic resources block by block. Mayor Ireland noted last year Council considered and declined to designate this building historic. 2. Toni Kronberg congratulated Council on forming task force's to review and comment on important public issues like historic preservation, finance and lift one. Ms. Kronberg said the music school is in review process with Pitkin County and suggested for employee mitigation they be allowed to work with city staff and look at things like a 3`d story on Marolt housing. Ms. Kronberg said staff has told her the outside swimming pool at the ARC will not have a public process as it is an amendment to the PUD. Mayor Ireland suggested submitting in writing comments about the pool. Mayor Ireland noted Council has authorized staff to work on financial partnerships on housing on properties owned by the city. 3. Marilyn Marks brought up Ordinance #13, interfund loan and asked how the fund will be repaid, what the financial assumptions are and do these relate to the bond issue. Ms. Marks asked what happen if there is not a bond issue in a timely fashion. 4. Bill Wiener asked Council to consider readdressing the infill code amendment in light of what has been lost in the community. The infill amendments made building denser and higher. 5. Mike Maple encouraged Council to approve the engineering contract for the trail under the Castle Creek bridge. Maple noted there maybe tough decisions about the proper alignment for the trail and crossing deed restricted open space and the entrance to Aspen. Maple brought up the Nordic Trails master plan and that the community needs access to town other than by car. The Nordic trails should not be looked at without looking at other users of trails. Maple said the Nordic trail is out of balance. Maple brought up the food tax refund which has been $50/person for years. Maple said this refund should be figured on the 2.2% city sales tax and Council should look at increasing it. Mayor Ireland said Council can consider this at a later time. 2 Regular Meeting Aspen City Council April 14, 2008 COUNCILMEMBER COMMENTS 1. Councilman Romero thanked community members who volunteered for the 22"d annual disabled veterans activities. There were over 400 disabled veterans participants and the community demonstrated a willingness to extend a hand. 2. Councilman Romero noted he has heard comments from Burlingame residents about the bus schedules. The residents would like to discuss more flexibility. The residents are assessed $60/month for bus service. Councilman Skadron thanked the Aspen Skiing Company for an outstanding ski season. 4. Councilman Skadron extended sympathies to the Westfeld family. 5. Mayor Ireland thanked the Ski Company for extending the season and for a great job of mountain grooming. Mayor Ireland also thanked Eric Skarvan for the K-9 uphill which raised money for animals and animal caze. Mayor Ireland said he appreciates the generosity of merchants who donated prizes and gifts. 6. Mayor Ireland noted some Burlingame residents may not be aware the azea is served with dial-a-ride during the off season. 7. Mayor Ireland said he met with the CEO of the Telluride Ski Company. Mayor Ireland noted Telluride has the same issues as Aspen, lack of affordable housing, loss of hotel rooms, loss of retail. 8. Mayor Ireland said he is happy Aspen is able to host the veteran's ski week and they certainly deserve trips to Aspen. Mayor Ireland noted there are fewer deaths and many more injured veterans. 9. Councilman Skadron announced the Historic Preservation task force has elected Bill Stirling as chair and Tom Todd as vice chair. They have agreed on meeting dates and their ground rules. 10. Councilman DeVilbiss noted RFTA is working on a bond/sales tax issue for the November election. Dan Blankenship will be at the EOTC meeting April 17`h to explain the issues and to get feedback. 11. Mayor Ireland said he went to the CDOT transportation advisory meeting and was informed there will be $100 million less funding for CDOT. This is due to the decline in state sales tax revenue, the change in distribution -the legislation changed the way the sales tax is distributed. Mayor Ireland said the advisory board discussed cutting back on maintenance for state highways. Regular Meeting Asnen City Council Aoril 14, 2008 12. Mayor Ireland said he and staff addressed the ACRA annual meeting and discussed how to get to reasonable time to get a building permit, affordable housing and Aspen's vision for the future. 13. Mayor Ireland said the Lift One COWOP has gotten underway with a good group of members. 14. Mayor Ireland said he went to the RFTA annual party and thanked the drivers for their work over the winter. CONSENT CALENDAR Councilman Skadron and Councilman Romero requested Resolution #30, Property Acquisition Lot C Stage Road Burlingame be pulled. Mayor Ireland requested Resolution #33 Contract Castle Creek Trail Underpass Improvements be pulled. Resolution #30, Series of 2008 -Property Acquisition Lot C Stage Road Burlingame Councilman Skadron asked what the negotiated process was used and who was on the negotiating team. Stephen Ellsperman, parks department, told Council staff met with the owners in 2006 about the trail and open space. The negotiations were friendly and on- going. Councilman Skadron asked if there is a current market value. Ellsperman said the market value and how to put a value on the land was discussed. This land does have restrictions on it. Ellsperman said the price offered from the owner was to cover their costs. The Open Space Board discussed an appropriate price and felt this was an important acquisition and an appropriate price. Ellsperman noted the Open Space Board was formed to negotiate open space purchased on Council's behalf. Councilman Skadron asked if appraisals are legally required. John Worcester, city attorney, said they are not. Steve Barwick, city manager, suggested getting an opinion of value rather than an appraisal. Worcester pointed out members of the Open Space board have expertise in open space, its priorities and values. Worcester said $500,000 seems to be reasonable for 4 acres. Councilman Skadron questioned the discussion of which city fund will pay for this park. Councilman Skadron asked what was established in the original PUD regarding parks space. Ellsperman said there is a common element to provide some open space for the housing. There are areas throughout the PUD that will be open areas. There was no neighborhood park designed into the original approvals. Jessie Boyce, Open Space Board, told Council the board feels the housing authority should have gotten open space as part of the original approval. Boyce said the Board would like to keep people off Deer Hill and to offer some other open space for passive recreation. Barwick said staff could get an opinion of value in about a month. Councilman Romero pointed out lot C is a component of the Bar/X subdivision and is designated as a cultural/arts facility so it cannot be sold as a free market lot. Councilman Romero said he, too, is concerned that a park was not part of the final Burlingame Bar/X 4 Regular Meetine Aspen City Council April 14, 2008 approval. Mayor Ireland said this property is subject to a deed restriction that limits its use to cultural and arts uses. Mayor Ireland said he is all right with staff getting an opinion of value. Mayor Ireland said he does not feel the affordable housing fund ought to pay for every park adjacent to affordable housing; this is a general fund obligation of the city. The land use code exacts park dedication fees and the city ought to be able to dedicate parks in all sections of town; this is an appropriate expenditure from the parks fund. Mayor Ireland noted the contract states this will be preserved in a natural state with no artificial lighting of any kind. Mayor Ireland said there will be turf or places for people to play, which is contrary to the agreement. Mayor Ireland suggested this should be cleared up to there are no misunderstandings in the future. Mayor Ireland said there are a lot of children at Burlingame who will need an area to play. Mayor Ireland said staff should make sure the contract recognizes the intent and use of the park for activity. Council requested this be brought back with an amended contract and with an opinion of value. Resolution #33, Series of 2008 -Contract Castle Creek Underpass Improvements Mayor Ireland requested staff check that trails are an allowed use on open space. John Worcester, city attorney, trails are allowed in open space unless there are restrictions on a particular open space. Worcester said that will be part of the design work. Mayor Ireland agreed this bike underpass is dangerous and needs to be re-engineered. Councilman Skadron moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is: • Resolution #31, 2008 -Adoption of Pitkin County Nordic Trails • Resolution #26, 27 - 2008 -Contract Awards for Clarifier Covers • Resolution #32, 2008 -Castle Creek Water Hydroelectric Improvements • Resolution #33, 2008 -Contract Castle Creek Underpass Improvements • Minutes -March 24, 2008 All in favor, motion carried. ORDINANCE #11, SERIES OF 2008 -Clarifying Definition of Maintenance for Wheeler Opera House Gram Slaton, Wheeler Opera House, told Council staff has wrestled with the issue of funding to support the arts and available from the Wheeler funds. Slaton said this ordinance makes language clear on what is legally funded from the Wheeler and what is not. Councilman Romero said the Wheeler RETT is to provide on-going maintenance of the Wheeler and to fund arts groups up to $100,000, and asked what the struggle is with Regular Meeting Aspen City Council April 14 2008 the term "maintenance". Slaton said the RETT was first passed in 1980 and the original language was vague as the thought was there would never be $100,000 extra for arts. Slaton told Council the RETT revenues have gone from $200,000 to over $2 million. Slaton said he wants to clarify what funds would be legally available sources for arts funding. Councilman Romero asked if this is consistent with the original voter intention. Slaton said as far as staff can tell, this is. Slaton said programming at the Wheeler is subsidized by the RETT; the lease spaces are a revenue stream for the arts groups. Councilman DeVilbiss moved to read Ordinance #11, Series of 2008; seconded by Councilman Romero. All in favor, motion carved. ORDINANCE NO. 11 (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING SECTIONS 23.48.060 (c) AND (g) TO CLARIFY THE DEFINITION OF THE WORD "MAINTENANCE"AS IT RELATES TO THE WHEELER OPERA HOUSE REAL ESTATE TRANSFER TAX FUND (RETT) AND CLARIFYING APPROPRIATE EXPENDITURES FROM SAID FUND. Councilman DeVilbiss moved to adopt Ordinance #11, Series of 2008, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Romero, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #12, SERIES OF 2008 - 612 West Main Establishment of TDRs Councilman Romero moved to read Ordinance #12, Series of 2008; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE N0. 12 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING SIX (6) HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES IN 250 SQUARE FEET OF FLOOR AREA INCREMENTS FOR THE SENDING SITE OF 612 WEST MAIN STREET, LOTS O AND P, BLOCK 24, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilman DeVilbiss moved to adopt Ordinance #12, Series of 2008, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, yes; Romero, yes; DeVilbiss, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #13, SERIES OF 2008 - Interfund Loan Regular Meetine Aspen City Council April 14, 2008 Mayor Ireland noted this interfund loan would not be affected by the issuance of a bond; it could be repaid out of accumulated earnings from the RETT. Councilman Johnson moved to read Ordinance #13, Series of 2008; seconded by Councilman Skadron. All in favor, motion carved. ORDINANCE NO. 13 (Series of 2008) AN ORDINANCE APPROPRIATING AN INCREASE IN THE WHEELER FiJND OF $8,000,000. Councilman Skadron asked how the 4.61 % rate paid on the interfund loan compares with the rates obtained from the third party in the short term borrowing scenario. Don Taylor, finance director, said if the city were to borrow from a third party, the interest rate would be less. By borrowing interfund, the Wheeler endowment fund can be made whole to the interest rate they would have earned from investments in government securities. This is the rate of the city investment portfolio. Steve Barwick, city manager, said the Wheeler endowment fund will be paid back the same rate as the city's investment portfolio. Councilman Romero asked why the repurchase agreement line of credit was not used. Taylor said that is not a financing measure but is a liquidity measure. The repurchase agreement did not provide the funds within the housing fund to make the purchase so the interfund loan was required. Taylor told Council if the bond issue passes, the Wheeler endowment fund will be paid back; if the bond issue does not pass, the RETT will pay it back. Councilman Romero said for second reading, he would like to know how the RETT performed compared to budget. Councilman DeVilbiss moved to adopt Ordinance #13, Series of 2008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes; Romero, yes; Skadron, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #53, SERIES OF 2007 -Smuggler Racquet Club Affordable Housing Conceptual Development Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Romero moved to continue Resolution #53, Series of 2007, to July 28, 2008; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE #10, SERIES OF 2008 - Extension of Commercial Mix/FIistoric Interiors 7 Reeular Meeting Aspen City Council April 14, 2008 Mayor Ireland asked for how long is the extension proposed. Chris Bendon, community development department, said staff is proposing a 6 month extension; the historic interior could be shorter. An ordinance for that has been prepared and will be reviewed by the HP task force. Councilman DeVilbiss moved to continue Ordinance #10, Series of 2008, to Apri128, 2008; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #3, SERIES OF 2008 -Fire Station COWOP Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman DeVilbiss moved to continue Ordinance #3, Series of 2008, to Apri128, 2008; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE #6, SERIES OF 2008 -Establishment of TDRs 827 Dean Sara Adams, community development department, told Council there is a single family residence, chalet style in the R/MF zone at 827 Dean. The owner is requesting 4 TDRs leaving 286 square feet on the property for development. Ms. Adams provided information in staff's memo on where TDRs can land. Ms. Adams told Council review criteria have been met and this is appropriate preservation tool for this property. Mayor Ireland asked about the statement in the memorandum that a TDR does not increase the floor area calculation of a structure. Mayor Ireland asked whether a total TDR is 500 square feet as it lands. Ms. Adams said a 250 square foot TDR certificate equals 500 square feet of net livable. These are internal calculations, not volume and mass. A TDR allows one to increase their unit beyond the cap size; landing a TDR does not allow one to increase floor area. Councilman Skadron said he went on a TDR tour and was able to see the impact of the program; these impacts are positive. Councilman Skadron asked if adding to the inventory of TDRs will decrease the value of TDRs. Ms. Adams said TDRs are sold on the free market and the city does not control the prices. Mayor Ireland opened the public hearing. Mike Maple agreed TDRs are a good historic preservation tool; however, they are not without impact. Maple said this is transferring the impact from one site in town to another site. Mayor Ireland closed the public hearing. Councilman Skadron moved to adopt Ordinance #6, Series of 2008, on second reading; seconded by Councilman Romero. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. Regular Meeting Aspen City Council April 14, 2008 ORDINANCE #8. SERIES OF 2008 -Code Amendment Wildlife Protection Richard Pryor, Chief of Police, noted this amends two provisions of the wildlife protection ordinance. The first changes "wildlife proof' to "wildlife resistant", which will allow a wider range of containers. Pryor pointed out all the trash containers will be marked to a particular residence. Kevin Wright, Department of Wildlife, pointed out these containers are self-closing, which should help. The ordinance has a clause that if a container fails, it has to be repaired or replaced. Wright told Council these containers are tested and have to pass a test of 30 minutes of continuous activity by a bear trying to get into it. Mayor Ireland noted the ordinance does not spell out the class of container, if it fails or is not repaired, should be excluded from allowable containers. John Worcester, city attorney, suggested Council adopt the ordinance and if it has to be amended, staff will bring it back to Council. Steve Johnson, Bear Saver, told Council there are many variables in container failure. His company warranties against factory defects; however, if the container is over filled, that is not a container failure. Johnson said they have not had a container compromised by a bear. Councilman Johnson suggested instructions or an explanation be added to the containers especially to help out visitors and second home owners. Pryor told Council the police department will be offering more education and enforcement. Steve Johnson said they have the capability of hot stamping on the container. Mayor Ireland agreed there should be instruction on the lid. Mayor Ireland asked if residents are required to replace cans if they are broken. Steve Johnson told Council Bear Saver has gone-year warranty against factory defects on their containers. Mayor Ireland said the city needs a way to make sure containers are replaced if they are broken. Worcester pointed out if residents have a contract with a trash hauler for recycling containers, those containers must meet the city's guidelines. Mayor Ireland opened the public hearing. Toni Kronberg said the ordinance does not address enforcement and is there enough staff in the city to enforce and ticket people. Mayor Ireland asked if the city has adequate resources. Pryor said last year was an especially heavy year and the police department has done some reorganization to address the staffing issue. Temporary enforcement personnel will be under the APD rather than the parking department. Johnson noted when there is a failure, it is the hauler's job to come to the container manufacturer so the failure can be evaluated to determine the cause. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #8, Series of 2008, on second reading; seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes; Skadron, yes; DeVilbiss, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. Regular Meeting Aspen City Council April 14, 2008 ORDINANCE #1, SERIES OF 2008 - 434 East Cooper Subdivision (Bidwell Building) Jennifer Phelan, community development deparhnent, told Council this application is for subdivision approval to develop a new mixed use building on the corner of Galena and Cooper. The redevelopment proposal is a 3 story building above grade with commercial, affordable housing, free market residential and underground parking. Ms. Phelan said there has been a demolition review by HPC; conceptual approval of the design of the new building at HPC; growth management review for the building at P&Z with recommendation for approval of subdivision. Ms. Phelan noted the HPC demolition approval was called up by Council, which decision was not reversed by Council. Council then requested landmazk designation of the building, which went to both HPC and Council, neither of which approved historic designation. Ms. Phelan told Council the proposal meets the land use code provisions in place at the time of submission. The building is 41'. The maximum floor area is 3:1 and this building is under that allowance at 2.61:1 or 23,500 square feet of floor azea. Three affordable housing units aze proposed, which exceeds the required mitigation. The employee housing is required by the free mazket component of the project because there is a credit for the commercial square footage. Ms. Phelan pointed out engineering states the construction plan is deficient; however, it is preliminary. Ms. Phelan said there will be encroachment into the mall. The current code allows encroachment into the mall in off season only. Ms. Phelan said this meet the subdivision review criteria and staff recommends approval. Ms. Phelan handed out an amended ordinance with minor changes. Ms. Phelan noted the building is going for a silver LEEDS certification and the building department would like that certificate happen at CO. Ms. Phelan said there is a change in the ordinance to allow the applicant to use the assessor's information to create apro-rated share for homeowner's assessments for HOA so that the affordable housing units will not be paying the same as the free market units. The construction management plan will be very important for this redevelopment and will need to be approved. Councilman Skadron asked if the potential commercial uses was discussed further with the applicant. Ms. Phelan said in discussions with the attorney, there could be deed restriction on the uses but those have to be voluntary. There have been no negotiations with the applicant. Tricia Aragon, city engineer, noted the city's code does not allow encroachments on the mall during the summer and winter seasons. This building would need to encroach year round and would need a variance to do so. Councilman Skadron asked if the subdivision review have separate criteria for scrape and replacement versus new construction. Ms. Phelan said the only area that addresses mitigation requirements is in the growth management quota system, not the subdivision review criteria. Councilman Skadron asked if redevelopment requires less mitigation than a new development. Ms. Phelan said the growth management section of the code allows a credit for existing net leasable or existing residences. Any new development above that has to be mitigation. 10 Regular Meetine Aspen City Council April 14, 2008 Councilman Skadron brought up the view plane, which was discussed at P&Z, and asked if this building is in violation of any designated view planes. Mitch Haas, representing the applicant, said HPC reviewed the Wheeler view plan and found there were negligible impacts on the view plane towards Aspen Mountain. Councilman Skadron asked at what point "negligible encroachment" into the view plane becomes an encroachment into the view plane. Councilman Skadron asked about cash-in-lieu payments for pedestrian amenities. Ms. Phelan said this was reviewed by HPC and the existing below grade space does not qualify as a true pedestrian amenity. HPC request acash-in-lieu as they wanted the building brought to the edge of the property to create a street wall. Councilman DeVilbiss noted restaurants are a permitted use in the commercial core zone; the memorandum says the applicant will need to expand on any anticipated uses and what does that mean. Ms. Phelan said the applicants do not know who the tenants will be after the remodel. Councilman Romero asked about the affordable housing assessment. Ms. Phelan said concerns from the housing authority are that employees associated with the building are in the affordable housing units and one's job is terminated, that their housing lease cannot be terminated so employment is not tied to living space. When projects are condominiumized, there are homeowners' dues and the housing authority is concerned that the affordable housing homeowners are not asked to beaz a higher burden than the affordability of their unit. Ms. Phelan said this method to determine the assessments, using the assessor's value to create percentage, has been used by the housing office for about a year. Jody Edwards, representing the applicant, said the assessment can be taken care of in the condominium documents and the housing authority wants these assessments done not based on the number of units but based on valuation. Mayor Ireland asked how the allocations will be divided between the residential owners and the commercial owners. Mayor Ireland said for the purposes of determining housing mitigation, the existing development is equated with the new development on a squaze foot per squaze foot basis, which does not capture intensity of uses in a reconstructed building. Mayor Ireland noted the code requires an applicant to provide 60% affordable housing mitigation and the code treats redevelopment as if one were housing 100% of their work force, which is a problem with the code. Mayor Ireland asked who will use the 11 parking space provided on site. Ms. Phelan said these are not allocated and the homeowners association may assign these to purchasers of units. Mayor Ireland said in the construction management plan, there is no way to identify whether trucks are associated with a particular construction site or not. Ms. Aragon said currently this is limited by the number of parking permits issued per site. Ms. Phelan said there is 13,200 square feet of commercial space; 2,835 square feet of affordable housing; and 7,392 square feet for free market housing, totaling 23,530 square feet. Haas pointed out this is a prominent corner site and one that is worthy of an important building and not the place for a timid design. The Independence building across the street is 3 stories and this design is to compliment and stay lower than that building. 11 Re¢ular Meeting Aspen City Council April 14, 2008 Haas noted there is a 3' change in grade and the building along the alley will be the tallest. The height limit in the code was 42' within 15' of a street and 46' 15 or more feet back from the street. Haas said this site is not on the inventory of historic sites and structures but it is in the historic overlay district. Haas noted in the surrounding neighborhood, there is a mix of uses including retail, restaurants, lodging, offices and residences. Haas listed the current existing tenants. Haas said there aze no residences on the property currently. This building fronts the mall; Guido's building is 85' across the mall. There are 3 rows of pedestrian walkways separated by 2 rows of trees, irrigation, and seating along the mall. Wagner park is one block to the west and Rubey park, the transportation center, is one block to the south. The existing building is 2 stories of office and retail uses on a 9,000 squaze foot lot.. The building has a flat roof with eave overhangs. There is a sunken courtyard with access to the basement space. Haas told Council the applicant and HPC feel the existing building does not enhance the street scape as described by the historic design guidelines or the commercial design guidelines adopted by the city. The existing building is setback from the property line and does not create a uniform building front. Haas said access to the building and to spaces is difficult and many spaces do not meet the ADA requirements. Haas noted the design standards state that buildings on corner lots should be prominent, important buildings like the Elks and Wheeler Opera House, and this design meets those requirements. Haas said a subgrade parking level with 11 parking spaces and storage units for every space in the building is included in the design. This parking is accessed by an internal auto lift to accommodate the building across the alley, which encroaches into that alley. Haas said there will be commercial tenants on the ground floor; the first floor will also be retail uses including an entrance on the Galena street side which also access the residences on the 2°d and 3`d floor. The second floor will have office spaces and 3 affordable housing units and the 3`d floor has 3 Free mazket residences and an open azea courtyard. The building is cut back on the north and west corners to decrease the mass. The proposed redevelopment will have only uses permitted in the zone district and complies with all commercial core dimensional standards. Haas said the total proposed floor area is about 13% below the allowable FAR of 3:1. The commercial spaces have been maximized; the free market residences use about 82% of the allowable FAR, about 1600 square feet below the allowable. The total above grade commercial exceeds the total free market residential space. The free market units comply with the maximum residential unit size; none exceed 2,000 livable square feet. Haas told Council the existing building has a parking deficit of 9 spaces; the municipal code allows one to carry forward a deficit. The code requirement for this would be 10.5 spaces; the effective requirement would be 1.5 spaces including the deficit. This proposal has 11 parking spaces. Haas pointed out the code at the time has no parking requirement in the commercial core for either free market or affordable housing units. The applicants have provided no spaces for the residences. 12 Regular Meeting Aspen City Council April 14, 2008 John Rowland, architect, told Council one of the design principles for this project was to respect the historic patterns of Aspen, which is achieved by building out to the street edge and creating a building definition. Another principle was modern interpretation of architecture, which was achieved by creating an urban dialog with the building. Another principle was transition from historic neighbors, which was achieved by stepping down the mass close to the Red Onion and the Aspen Block. Another principle is contemporary use of materials and detailing, which will be created by using some of the historic materials in downtown Aspen. Green and sustainable building practices will be used. They proposed to reduce the storm water runoff by the green roof system. Water efficiency will be achieved by using the most sophisticated technology available. They building will use high performance glazing, day lighting as much as possible, renewable energy sources and high performance heating and cooling systems. Rowland said they will attempt to send as little construction materials to the land fill as possible. Rowland said they will use the best, most environmentally friendly products they can. Innovative design is how one can get extra points and they would like to work with the city to monitor the building and to not permit furniture and fixtures that off-gas. Rowland said this building is talking to its neighbors. The project is consistent with all the city's guidelines. Rowland showed a video flyover using sketch up to illustrate how this building will fit into the neighborhood. Rowland showed the location of the affordable housing units on the model, on the 2"a floor facing north to the alley and east to Galena street. Rowland presented an exhibit called Historic patterns, showing the Thompkins Buildings, on this site in the early 1900's. Rowland showed the chamfered corner, similar to that on the Wheeler and the Elks buildings. These chamfers vary in size from 7'4" to 11'1" and this one is 10'6". Rowland showed an exhibit, 3 story building comparisons; the proposed new building at 39'; the Elks at 47'; the Hotel Jerome at 48'; the Wheeler Opera house at 59' and the Independence Square at 42'. Another exhibit, pedestrian and open spaces within a'/< mile radius illustrated all the open spaces within a 10 minute walk of this site, including Wagner park and the mall. Rowland told Council they studied all the buildings within the neighborhood and the heights of those buildings, exhibit titled vicinity maps with neighboring buildings. Rowland presented the site plan showing the building coming out to the sidewalk to meet the historic design guidelines. Rowland showed the basement floor plan with 11 parking spots plus storage for all units plus mechanical; the proposed level 1 floor plan with opportunities for window fronts, recessed entries. The proposed 2"a floor has 3 affordable housing units, open space, sky lights. The affordable housing units are larger than required by the guidelines. Rowland told Council 16% of the roof is proposed to be a green roof with succulents to defer some of the storm water runoff, which will be absorbed into the building. The green roof protects from temperature fluctuations and 13 Re¢ular MeetiuE Aspen City Council April 14, 2008 adds insulation values. Rowland passed around green roof board #15 and Elevations #16. The model is a 1:50 scale of the proposed building and surrounding buildings. Haas told Council the view plane review standards have been amended and they now state "minimal impact". Story poles were erected and HPC looked at those. Haas said the view plane to Aspen Mountain is not cut off by this proposed building. Haas pointed out on the model where the proposed building intersects the view plane. Haas reiterated this project provides housing for 5.25 FTEs in 3 different types of units and a mix of incomes. One unit is 1 bedroom, category 2, over 700 net livable square feet; a studio, category 2, is 530 square feet and a two bedroom category 4, 1010 square feet. The units have storage spaces, private laundry facilities. The total net livable for affordable housing exceeds the 30% of net livable free market space. These units are all above grade. The units are integrated with the residential and commercial spaces in the building. Haas said counting all the net livable space comes to 95% of square footage, which is higher than the typical 85%. There is a net reduction in FTE generation. Haas told Council the code requires mitigation for free market units at 1800 square feet of affordable net livable space. The proposed plan contains 2,241 square feet of net livable affordable space, which is 125% of the requirement. Haas said there was not a growth management competition; however, the applicant presented the best project and achieved 40 points in the affordable housing section of the competition; one reason is because they are 25% over the amount of affordable housing provided and 15% over on the net livable square footage of the units. Haas noted because of the location of the affordable housing units and the mix with commercial, the applicants wanted to have some level of control over the tenants and therefore they are proposed as rental units. Haas told Council they met with the housing board who agreed and supported rental units with the caveat that occupancy is not tied to employment; if there is violation, these units will revert to sales and will go through the lottery. Haas said on the pedestrian amenities, the code states that if less than 10% of the existing site meets the requirement for pedestrian amenity space, then one is allowed acash-in- lieu payments. Haas noted the existing site is below 10% that meets the standards for open space; the sunken courtyard does not count and the covered walkways are not open to the sky and do not count. This was discussed with HPC and based on their guidelines, this building should be pushed out to the corner and engage the pedestrian. The building fronts on a mall. The applicants felt setting the building back would create second row seating behind the mall benches. The recently adopted design standards require the same thing. Haas noted this building was cited as a building that erodes the street edge and should not be a precedent to follow. The HPC guideline 13.8 states to maintain the facades at the sidewalk edge and to place as much of a facade of a building at the property line as possible. The commercial design 14 Regular Meeting Aspen City Council April 14, 2008 standards state the HPC will decide whether, where and in what form public amenity space will be required. HPC wants the building to engage the pedestrian. The commercial design standards state that comer buildings anchor the street block and setbacks within the commercial area should reinforce the objective of enhancing the urban character. Haas stated the proposal complies with and is fully consistent with the preponderance of the goals and objectives stated in the Aspen Area community plan. The proposal falls within the 2% allowable growth rate, is within .5% free market residential annual growth rate. The guidelines talk about bringing the middle class back to the community and about discouraging sprawl. This project includes affordable housing, in the center of town, in a high quality building. The location is within walking distance of the transportation center as well as walking distance to shopping. Haas noted community plan consistency and compatibility with neighborhood have been addressed. Another standard states a proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Haas said the affordable housing units address spatial concerns. Haas said this project reduces the number of FTEs by 3.6; credit to the existing building's FTE generation is allowed by the code in recognition that the existing FTEs have no new net effect and do not provide unnecessary costs and have not been mitigated. Haas noted Council asked if there would be an exclusionary provision for real estate and time share sales offices. The applicants have not agreed to specifically exclude any business; however, the code precludes real estate on the ground level. Council also asked about including medical offices in the building. Haas said the burden for providing space for medical offices should not fall on one applicant. Haas said there is a philosophical disagreement whether the city or landlords should be deed restricting affordable space. How would a neighboring businesses with the same use compete with a similar business in deed restricted space. Haas said the construction management plan is very temporary; there are not even construction drawings. Haas stated if the CMP does not meet the city standards, the project will not get a building permit. Haas told Council several of the tenants have relocation clauses; however, it is early to look for space for them to relocate. There are options for tenants to extend their leases. The LEED energy comparison was provided showing their building will be at least 87% more energy efficient than the existing building based on base line for LEEDS. Haas noted from the U. S. Department of Energy, 35% of greenhouse gases emitted from the U.S. come from the operation of commercial and residential buildings while 28% comes from transportation. Haas said a bigger bang for the buck is achieved from replacing old buildings with LEED certified structures. 15 Reeular Meetin¢ Aspen City Council April 14, 2008 Councilman Skadron asked how the construction might impact neighboring businesses. Haas said they have not studied this; however, the goal will be to get this built as quickly as possible. Haas said some portion of the building will be constructed off site. The city will review the CMP very thoroughly. Mayor Ireland opened the public hearing. Junee Kirk pointed out the Red Onion is 32' and is the largest building along Cooper. This proposed building is 42' and the Red Onion should stand by itself as the most prominent building on that block. The Volk building across the street to the east gave 1/3 of their lot as pedestrian amenity. The Volk building is 25' to 32' high; the Guido's building to the south is 30' to the peak. The Independence building should remain higher because it is a 19~h century historical monument. Ms. Kirk told Council the HP task force will undertake the effort to save the feeling of a mountain town, historic district by preserving the 19~h century buildings to stand alone. Ms. Kirk stated the proposed urban design should be in a large city not in a mountain town. Ms. Kirk said this,will be the biggest building in the most important pedestrian area in Aspen. Ms. Kirk said the existing pedestrian amenity is symmetrical to that to the east. Phyllis Bronson said she appreciates the emphasis on green building; however, she is concerned about the impact of getting the building built.. The free radical particulates from carbon combustion are huge contributing factor to health problems in Aspen. Toni Kronberg agreed this is the most prominent corner in Aspen. Ms. Kronberg said the elements of review for subdivision are consistency with AACP, character of existing land uses in the area and shall be in compliance with all applicable requirement of chapter 26. Ms. Kronberg pointed out the city staff recommended this site for historic landmazk; HPC did not feel it deserved landmark status. A prior Council initiated a call up and that Council did not overturn HPC's decision. Ms. Kronberg said for 40 years, the open space courtyard has existed. Ms. Kronberg brought up the commercial design review standards, the HPC guidelines and the Aspen Area Community Plan. Mr. Kronberg said this building does not fit the purposes and standards of the design review guidelines. Ms. Kronberg requested Council deny this application. Mayor Ireland closed the public heazing. Councilman Romero asked what method was used to determine the building heights by the applicant. Rowland told Council staff provided these height calculations. Chris Bendon, community development department, said staff hired an intern who did the calculations. Councilman Romero asked for ah outline of the review process for this building. Ms. Phelan said originally there was an application for demolition which was submitted to HPC and approved by HPC. The Council called up that decision, and Council did not reverse that decision. Then Council requested designation of this building as a historic landmark, which went back to HPC for a recommendation. Council did not adopt an ordinance designating this as a historic landmazk. This then went to HPC for conceptual design review, which was approved. The building went to P&Z for 16 Regular Meeting Aspen City Council April 14, 2008 growth management review approvals and recommendation on subdivision. If Council approves this subdivision, the proposal will go back to HPC for design review. This has been a two year process. Councilman Johnson asked what cues were taken from the Thompkins building for this design. Rowland said the chamfered corner entry, bringing the building to the sidewalk and the recessed entry on Galena street. Councilman Johnson said design cues were taken from the Victorian era structure. Councilman Johnson asked what research has been done on the green roof to lead the applicants to feel they will be successful. Rowland said there is a large movement for green roofs. Councilman Johnson said a green roof is used as a selling point and he would like assurance the research is being done so that the promise can be delivered on. Haas told Council they have hired RMI to help them attain the LEEDS certification and the green roof was their suggestion. Councilman Johnson asked about the materials. Rowland said the majority of the fagade will be red brick with some sandstone. Haas noted final review at HPC includes material selections and the materials are submitted as part of the record. Councilman Johnson asked which spaces will be condominiumized. Haas said the residences will be condominiumized and the commercial spaces will stay under the ownership of the developer. Councilman Johnson asked if the real estate company can relocate to their space. Bendon said there is a prohibition against that and unless there is a provision made for them to be on the first floor, it will not be allowed. Councilman Johnson asked if there is roof top access. Haas said there is a deck but it only available to the corner residence, which does not have a deck. Councilman Johnson said he feels the existing building is worthy of historic preservation; however, that is not the issue at this hearing. Councilman Johnson said this design references a building once on this site and the design is successful. Councilman Johnson said he has concerns about how this building will be built and used. Councilman Johnson requested a memo from staff about how representations about building materials and building practices get to be a condition of approval. Councilman Johnson said he has problems with roof top access, with free market owners selecting tenants for the affordable housing. Councilman Johnson stated he has a problem with parking, the number of pazking spaces is generated by commercial uses but the spaces could be devoted to the free market units, which defeats the purpose of adding parking. Councilman DeVilbiss said an issue is whether this project complies with the AACP. This corner has been used as open space for 40 years. Councilman DeVilbiss noted the building across the street to the east is an example of a developer with a community conscience. Councilman DeVilbiss asked why the developer will not commit to a restaurant. Haas said the space will be available to any type of use allowed in the commercial core. Haas said deed restricting any space is untried, it has not had a public process to vet the concept, to decide what the concerns are and how they should be addressed. Deed restricting space may create an unlevel playing field. 17 Regular Meeting Aspen City Council April 14, 2008 Councilman DeVilbiss asked why the applicants will not commit to medical offices. Haas said the developers are creating spaces that people can choose to negotiate a lease for and the developers do not want to include someone at the exclusion of everyone else. Councilman Romero recapped the applicants are stating they will allow approved uses in the commercial core zone district in their new building. Haas agreed they are not precluding anything that is not precluded by zoning nor are they setting aside any spaces. Councilman Romero asked about relocation intent for the existing tenants. Councilman Romero asked about the control and reasoning for rental units rather than sales units and is there a first right to employees of the new commercial tenants. Haas said they would be willing to have that as a condition. Councilman Romero said he appreciates the reference to historic designs and to compliance with the historic design guidelines. Councilman Romero said he likes making a commitment to LEED silver certification. Councilman Romero agreed the CM plan will be a challenge as will be minimizing the impact on the neighbors and their business needs as well as being respectful to the community and their enjoyment of the space.. Councilman Romero agreed with solidifying the representations on materials. Councilman Romero noted this project is 210' from Rubey Park and the parking allocated the residents should be a minimum. This building is close to services, retail and transit. Councilman Romero stated he can support this with qualifications. Councilman Skadron said he is struggling with the subdivision criteria and if this proposed subdivision is consistent or not with the character of existing land uses in the area. Councilman Skadron concluded this does meet the subdivision review criteria, that the mixed use is consistent with the land uses in the azea. Councilman Skadron said he would prefer this building is less prominent with the historic buildings with which it is juxtaposed. Councilman Skadron said this building meets many city goals and he can support the building. Councilman Skadron said he appreciates the plan does not use all the allowable floor area, that it is below the allowable height limit, that the free mazket floor area is less than possible, and the quality of the affordable housing and the LEEDS certification. The building is within the growth rate of growth management. Councilman Skadron said this building will raise the standard for commercial core development. Councilman Skadron said although he does not like big buildings, the applicants have presented a building within the codes. Mayor Ireland agreed the architectural is well thought through and the green roof is innovative. Mayor Ireland said the 1890's was the gilded age, which is celebrated; however, the gilded age was also a time of unregulated mining, pollution, and class warfare. The gilded age in Aspen showed development with 14' floors, which were adopted for practical reasons, like cooling in the summer. This building with 14' floors will require heating and cooling lazge volumes of space for no apparent practical reasons. Mayor Ireland said the issue of parking on site seems to be class warfare that employees do not need to park near where they live. Some employees may need their cars for work. 18 Regular Meeting Aspen City Council April 14, 2008 Mayor Ireland said the land use code has to be changed that replacement commercial does not require providing any affordable housing. Mayor Ireland said replacing an old building with high end commercial spaces will generate more employees than it does now. Mayor Ireland stated this approval will further exacerbate the affordable housing problem in Aspen. Mayor Ireland said he will not support this project: it is not a scale that is compatible with the immediate area. Mayor Ireland said a 3 story building with 10' floors could work here and be more compatible than a 41' building. Mayor Ireland said 14' ceilings aze environmentally ill advised. Mayor Ireland said he will not support a developer controlled homeowner's association controlled rental housing. The city will not know when the project is out of compliance because there aze no neighbors to check. Mayor Ireland stated the impacts of this project fall on the community at large, not on the residents of the building. Councilman Johnson agreed on the affordable housing in general and in specific having them used by the developers. Councilman Skadron noted the developer has rights under the code. Mayor Ireland said the city has rights to control its destiny and its appearance and its compliance with the AACP. Councilman Johnson moved to continue Ordinance #1, Series of 2008, to May 12, 2008; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman Johnson moved to adjourn at 10:35 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Ka S. Koch, City Cler 19