HomeMy WebLinkAboutminutes.council.20130826Regular Meeting Aspen City Council August 26, 2013
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RECOGNITION OF EMERGENCY RESPONDERS – CPR SAVE ............................................ 2
OUTSTANDING EMPLOYEE BONUS AWARDS ..................................................................... 2
CITIZEN PARTICIPATION .......................................................................................................... 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 3
ORDINANCE #35, SERIES OF 2013 – Code Amendments Title 8 Building Regulations ......... 4
ORDINANCE #34, SERIES OF 2013 – 700 Ute Avenue Aspen Alps Subdivision PUD ............ 4
ORDINANCE #28, SERIES OF 2013 – Amendment to the Erdman Partnership Lot Split – 360
Lake Avenue ................................................................................................................................... 5
ORDINANCE #30, SERIES OF 2013 – 430 W. Main Street Historic Lot Split and TDRs .......... 5
ORDINANCE #31, SERIES OF 2013 – 125 W. Main Street Historic Landmark Lot Split .......... 6
ORDINANCE #32, SERIES OF 2013 – 201 N. Mill Street Subdivision Amendment.................. 6
Regular Meeting Aspen City Council August 26, 2013
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Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins,
Daily and Romero present.
RECOGNITION OF EMERGENCY RESPONDERS – CPR SAVE
Mayor Skadron and Council presented certificates of recognition to employees of the Maroon
Creek Club, police department, ambulance and dispatch crew for their action in a heart attack
incident at the Maroon Creek Club and for saving the woman’s life. Richard Pryor, chief of
police, noted it is increased familiarity with AEDs and CPR and teamwork that make incidents
like this have a positive outcome.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor Skadron and Council recognized Brian Stevens and Dan Davis, police officers, for going
above and beyond their normal routine in dealing with incidents that they could have let lie.
Mayor Skadron and Council presented Stevens and Davis with a plaque and check.
CITIZEN PARTICIPATION
1. Raymond Auger noted Aspen has free parking for neighborhood electric vehicles in the
commercial core and he urged Council to provide the same parking privileges for all electric
cars. Auger said the city should also install some charging stations. Steve Barwick, city
manager, said there are charging stations in the garage and these should be better publicized.
2. Ziska Childs said September 20th there is a TED conference in New York about city 2.0
and Aspen should attend. Ms. Childs said it would be great if Aspen could host a live stream of
that session. Ms. Childs said she will get more information for the Council.
COUNCILMEMBER COMMENTS
1. Councilman Frisch said it was a great community picnic and he would like to look at
maximizing community involvement and would like to find out whether it was the change of
location or change of date that resulted in fewer people.
2. Councilman Frisch said there was a great vibe around town at the bike race.
3. Councilman Frisch noted school starts this week and reminded people to watch out for
school buses and school kids.
4. Councilman Daily said the community picnic was lots of fun with lots of locals and a
great place to be.
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5. Councilman Romero announced tomorrow is ACRA board’s monthly meeting and they
are getting feedback on the bike race, which will be shared with the city.
6. Councilwoman Mullins said the recognition of emergency responders and police was a
great way to start the meeting and she is proud to be a councilperson.
7. Councilwoman Mullins said the bike race was an exciting event and she looks forward to
hearing from the community at the work session tomorrow.
8. Councilwoman Mullins noted the Mountain Film Summit festival had a great line up of
films.
9. Councilwoman Mullins told Council she recently took a hard hat tour of the Community
Church who has raised money to address structural issues of their building.
10. Mayor Skadron agreed the bike race was a wonderful day and there are some issues that
need to be worked on. There is a work session tomorrow night to hear from community
members about what went well and what didn’t. Mayor Skadron thanked Nancy Lesley and the
special events team for all the work on the bike race.
11. Mayor Skadron pointed out the community picnic was moved to the Rio Grande to show
off the new parts of the park. Mayor Skadron said Council will consider moving it back to the
golf course next year.
12. Councilwoman Mullins stated the Red Brick has a successful summer with lots of kids
programs, a sold out benefit honoring Mary Esbaugh Hayes and September 5th concert and
picnic.
CONSENT CALENDAR
Councilwoman Mullins asked if there will be a report on the pump station reliability after
September 30th. Will Dolan, water department, reminded Council this project was talked about
at a work session on wildfire mitigation and along with pump station reliability, staff will get a
report from Merrick to recommend any system improvements, or shortcomings. Councilwoman
Mullins said she would like to see the report when complete.
Councilman Romero moved to approve the consent calendar; seconded by Councilman Daily.
The consent calendar is:
Resolution #80, 2013 - Pump Station Reliability & Planning Report and Water System Model
Population Report
Resolution #81 & #82, 2013 - 2013/2014 Renewable Energy Mitigation Program (REMP) Funding
Discussion Including 2013 Green Key Grants And 2013/2014 Programs
Resolution #84, Series of 2013 - Contract Sweeper/Scrubber Equipment Replacement
Minutes - August 12, 2013
Regular Meeting Aspen City Council August 26, 2013
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All in favor, motion carried.
ORDINANCE #35, SERIES OF 2013 – Code Amendments Title 8 Building Regulations
Stephen Kanipe, building department, told Council there are no changes to life, safety provisions
of the building code. This is to create clarity around temporary certificates of occupancy and
aligning the city’s language with the uniform building code’s language. Kanipe said staff plans
education and outreach efforts. Kanipe said the ordinance adds clarity around the agreements
and administration of expiration dates on conditional certificates of occupancy.
Councilwoman Mullins moved to read ordinance #35, Series of 2013; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE NO. 35
(SERIES 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY AMENDING CERTAIN
SECTIONS OF THE 2009 INTERNATIONAL BUILDING AND RESIDENTIAL CODES.
Councilman Romero moved to adopt Ordinance #35, Series of 2013, on first reading; seconded
by Councilman Daily. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Romero, yes;
Daily, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #34, SERIES OF 2013 – 700 Ute Avenue Aspen Alps Subdivision PUD
Councilman Daily recused himself. Jessica Garrow, community development department, told
Council the Aspen Alps was developed between 1965 and 1973 and was the first condominium
in Colorado. The units are in the short term rental pool. Ms. Garrow said all of the Alps
building have some kind of non-conformity related to the dimensions. This application will
memorialize the existing improvements through a PUD and will establish formally subdivided
lots. Ms. Garrow stated there is no new development as part of this application. Ms. Garrow
stated staff recommends approval; P&Z recommended denial by a vote of 3 to 2. Councilman
Frisch said he would like to know more about P&Z’s denial. Ms. Garrow said the members who
voted against the project felt like the Council is discussing lodge incentives and it would be more
appropriate to wait; those in favor of the application felt it should be judged on its merits.
Councilwoman Mullins said she would like to know of any health and safety issues because of
the non-conformities. Councilwoman Mullins asked if all homeowners groups have been
contacted. Councilwoman Mullins asked if this helps or hinders the lodge incentive work being
done by the city. Mayor Skadron asked if there is a benefit the owners can realize with the PUD
overlay. Ms. Garrow said it is easier to go through a PUD process as opposed to a non-
conformity process. Mayor Skadron asked if there is community-wide benefit in approving this.
Ms. Garrow answered staff is recommending approval.
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Jim DeFrancia, representing the applicant, said there are 77 separate owners and this is a
complex process and some owners voiced concerns to P&Z. DeFrancia said the objective is to
establish regulatory clarity and certainty which does not exist. Sunny Vann, representing the
applicant, told Council at second reading the applicants will discuss the difficult of repairing and
maintaining the buildings in their existing status.
Councilman Romero moved to read Ordinance #34, Series of 2013; seconded by Councilman
Frisch. All in favor, motion carried.
ORDINANCE NO. 34,
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED
UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION
FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS
CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE.
Councilwoman Mullins moved to adopt Ordinance #34, Series of 2013, on first reading;
seconded by Councilman Frisch. Roll Call vote; Councilmembers Romero, yes; Frisch, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #28, SERIES OF 2013 – Amendment to the Erdman Partnership Lot Split – 360
Lake Avenue
Councilman Romero moved to continue Ordinance #28, 2013, to October 14; seconded by
Councilman Frisch. All in favor, motion carried.
ORDINANCE #30, SERIES OF 2013 – 430 W. Main Street Historic Lot Split and TDRs
Amy Guthrie, community development department, told Council this is a 9,000 square foot
parcel on the corner of Main and Fourth. The two requests are a historic land mark lot split,
separating the property into 4,000 square feet and a 5,000 square foot interior lot and selling
TDRs associated with that lot. Ms. Guthrie noted the applicant is allowed a lot split as long as
each lot is at least 3,000 square feet. HPC granted a variance to allow the new lot line to come
within 3’ of the west side of the Victorian house. Staff recommends Council approve this
request; all the criteria are met. Ms. Guthrie said for the transferable development rights, the
idea is to remove all development from the corner lot, which would create 8 TDRs. This corner
lot has never had a structure on it and selling the TDRs would be good historic preservation on
that site. HPC granted a floor area bonus on the inner lot and that floor area bonus can only be
received after all the TDRs are sold off the corner lot.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Regular Meeting Aspen City Council August 26, 2013
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Councilman Romero moved to adopt Ordinance #30, Series of 2013, on second reading;
seconded by Councilman Daily. Roll call vote; Councilmembers Daily, yes; Romero, yes;
Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #31, SERIES OF 2013 – 125 W. Main Street Historic Landmark Lot Split
Amy Guthrie, community development department, said this is in the Main street historic district
and is a 6,000 square foot lot with a large Victorian. There are no TDRs proposed in this
application. The owner would like to separate off the vacant space to the east of the house.
There is no increase in floor area allowed by this application.
Mayor Skadron opened the public hearing. John Olsen said he is speaking for John Tuttle,
surveyor, who has not been paid. A representative of the applicant told Council they hired a
surveyor who was paid; any work needed to be approved by Nikki Dimitri. Jim True, city
attorney, told Council this is not a Council issue; it is a civil issue.
Mayor Skadron closed the public hearing.
Councilwoman Mullins moved to adopt Ordinance #31, Series of 2013, on second reading;
seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins, yes; Romero, yes;
Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #32, SERIES OF 2013 – 201 N. Mill Street Subdivision Amendment
Jennifer Phelan, community development department, presented proof of notice, posting and
publication. Ms. Phelan showed zoning surrounding the property which includes a mix of
residential, commercial core, library, park, parking garage, and neighborhood commercial. The
purpose of the mixed use zone district is to provide a mix of lodging, vacation rental, multi-
family, single family and mixed use and to be a transition between commercial core and
residential neighborhoods. Ms. Phelan said the changes in this proposal are program changes
and architectural changes. The proposal is to go from 10 residential, 5 free market and 5
affordable units, to 8 residential, 4 free market and 4 affordable housing units and a small
reduction of 450 square feet in the commercial office space. The free market units are proposed
at four of 2,000 square feet net livable each instead of 5 units of varying sizes resulting in 500
square feet less of net livable. The affordable housing is proposed as four 3-bedroom units, three
at 1200 square feet and one at under 1100 square feet. These are proposed as for sale units,
category 4 and 3. All units meet APCHA guidelines for size and total 200 square feet more
affordable housing than in the original proposal.
Ms. Phelan told Council in 2006, the land use code required mitigation of the greater of
employees generated to be mitigated for; one either mitigated for the commercial, if it required
more employees, or the free market as on site housing only required one to mitigate for the
greater of the two. Ms. Phelan said today the required mitigation would be 6.5 FTEs. The four
units will house 3 employees each for a total of 12 FTEs, in excess of the code requirement.
APCHA supports this proposal. Ms. Phelan noted the parking arrangement approved in 2006
Regular Meeting Aspen City Council August 26, 2013
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was for 21 spaces, some were stacked parking. The requirement was that the affordable housing
units would be provided two hybrid vehicles and owners would be enrolled in the car share
program. This was a result of negotiation, dropping a free market unit and adding an affordable
housing unit but not giving each affordable housing unit a parking space. This proposal is to
provide 21 spaces, each affordable housing unit being designated a space, and to remove the
requirement to provide a hybrid vehicle. They will still enroll the initial owners of the affordable
housing units in the car share program. This request is supported by transportation.
Ms. Phelan noted the building form is similar to that approved in 2006; the building steps down
heading north; there is a 3 story element along Bleeker street. The architectural changes are
fenestration and materials. Staff supports this proposal; it meets the criteria for design review,
for growth management review, and amendments to subdivision review. Ms. Phelan said the
footprint is the almost the same as previously approved. The building was approved at 32’ and is
still 32’; the building was approved at 24,000 square feet of floor area. Ms. Phelan said this
amendment does not change the allowed vesting which sunsets February 2015. Councilwoman
Mullins asked about the ADA access at the corner entrance. Adam Roy, representing the
applicant, told Council there will be ADA access on all sides to meet the code; there will be
ramping into the building.
Roy told Council the mixed use zone district is unique and this is a good location for that type
zone and its uses. Roy showed the currently approved building including a dimension chart.
The applicants propose to change the exterior skin of the building and the program inside making
it simpler and making improvements to the site. Roy noted when the building was approved, the
commercial design guidelines were not adopted and this redesign tries to meet those guidelines
including the pedestrian amenities. Roy showed the current site plan where it comes to the
setbacks on each side; there is alley access to the north. Roy pointed out the two tandem parking
stalls, not in compliance with the code. Roy went over the levels and what was approved on
each.
Roy told Council the applicants want to enhance the property as a true transitional area between
the commercial core and the residential area to the west and serve as a gateway to the activity to
the north. The city’s engineering department is planning improvements to Mill street and the
applicants have worked closely with that department to coordinate improvements efforts. The
applicants feel the architecture could be more sensitive to the context. Roy said the applicant’s
intent to incorporate geothermal into the building, include solar on the roof and use green roof
and storm water management and off set that with impervious materials.
Roy showed the site plan with some changes; there is the topography on Bleeker street to deal
with, ADA ramps to include. Roy showed the housing entry, the corner which should be more
pleasing to the public, the alley off Mill street to the parking garage. There are 20 parking spaces
in the garage, 3 designated to the affordable units. The first level has an affordable housing unit
on grade and commercial. The next level on grade with Bleeker street has office space on the
east and 3 split level affordable housing units, 2 free market units and some office space. The
upper level has 2 free market units. Roy showed views from the back of the building and from
the north and from the east. Roy presented a height study illustrating that the building meets the
height requirements. Roy showed the Blue Victorian to the west and the proposed building.
Regular Meeting Aspen City Council August 26, 2013
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Councilwoman Mullins asked about storm water management and permeable paving in the alley.
Gyles Thornley, landscape architect, said have discussed porous pavers, a green strip for the
water to be shed into. They have planned some good quality control and will make very
opportunity to mitigate for impervious surfaces. Councilman Romero asked about removing the
evergreen trees around the site. Thornley told Council the city’s parks department does not favor
evergreens in the right-of-way. There are 3 trees that are unique species on the adjoining
property and the applicants have made some jogs to accommodate the root ball of those trees,
and the parks department has agreed to the tree removal and mitigation plan.
Councilman Daily said this is a good transitional structure and use for the site. Councilman
Frisch said this proposed building is a better fit for the community than the previous building.
Councilman Frisch asked if the change to larger affordable units was a recommendation from
APCHA. Roy said they met with APCHA several times over this recommendation and felt the
location closer to the residential west end with the possibility to house families was encouraged
by APCHA and the housing board. Councilwoman Mullins asked who has final approval of
materials. Ms. Phelan said when a building is not in the historic district, there are only
representations and the applicant has said the structure will be brick and a certain amount of
glass. Councilwoman Mullins asked where the retaining wall has gone. Roy said the retaining
wall today is the property line and in the new building it is gone with an alley access to the
parking garage. Roy told Council his design team is meeting with city staff to make sure the
designs have a seamless relationship with sidewalks, streets, utilities, and landscaping.
Mayor Skadron asked if a request to amend an existing approval allows for a review of the entire
application. Ms. Phelan said Council can look at the entire project; the emphasis in staff review
has been on the exterior skin of the building and the programming inside it. Mayor Skadron
asked the public outreach on this amendment. Ms. Phelan noted the applicants met the standard
of noticing within 300 feet of the property. Roy said the applicants met with neighbors and
generated some materials for their review. Mayor Skadron asked which AACP principle is staff
prioritizing by agreeing to the parking requirement reversion. Ms. Phelan stated this proposal
meets the parking requirements, which is 19 spaces. The applicants received a referral from the
transportation department and the requirement to purchase hybrid vehicles was a burden on the
affordable housing owners, who would have to pay for and maintain the vehicles. Transportation
department felt the location is walkable and transit-oriented and the ability to use car share is a
more workable solution. Ms. Phelan reminded Council the code requirement is one parking
space/unit and the parking is not assigned; the ordinance calls for 4 parking spaces be provided
for the affordable housing. The proposed 21 parking spaces is in excess of the code requirement
for parking. Mayor Skadron said because of the location, this project should not invite traffic
and parking. Roy pointed out the parking provided in this plan is the same as that approved.
Mayor Skadron stated this building would be too high under the current land use code. Ms.
Phelan noted the current standard for mixed use buildings is 28’ which may be increased to 32’
through commercial design review. The building complies with the code under which they
originally applied and to which they are subject. The blue Victorian to the west is 32’.
Mayor Skadron opened the public hearing.
Regular Meeting Aspen City Council August 26, 2013
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Ziska Childs said she was told if you use water that falls on your roof to irrigate, you are in
violation of Colorado water law. Heather Henry said this is legal in Colorado just like watering
one’s lawn, and it has stood up to Colorado water law. One cannot collect water from the roof.
Bert Myrin, neighbor to the west, said this building meets the code; he met with the applicant
and walked around the design. Myrin stated his comments are about the land use code. Myrin
said he likes the addition to the residential neighborhood. Myrin noted all the mechanical
equipment is proposed on the northwest corner of the building, which is closest to the residential
neighborhood, and perhaps that could be relocated or have discrete screening. Myrin urged
Council to work on an ordinance for neighborhood commercial and mixed used zone and
recognize the incompatibilities.
Mayor Skadron closed the public hearing.
Councilman Romero asked how the mechanical systems will be handled. Brian Beazley,
architect, showed a slide where a fence area off the alleyway will house some mechanical
equipment and meters; the main mechanical systems are geothermal and solar and there will not
be large units on the roof. Beazley showed a roof plan and showed where in the center of the
building the solar panels will be located. Beazley said the code does not allow mechanicals on
street side, which means they gather in the middle of a building. It is difficult for solar panels to
be screened.
Councilwoman Mullins said some of her questions could have been answered with a more
detailed site plan. This is an important site to the character of the town. Councilwoman Mullins
said ADA ramps need to be incorporated well into buildings, not just tacked on. Ms. Phelan
pointed out level of review at HPC is more detailed than what Council tends to see. Council
does not get final landscape plans. Councilwoman Mullins suggested more detail for Council
review. Bendon reminded Council many recent discussions between staff and Council are how
to unwind complications of the land use process. Applicants complain about the level of
information required already and the cost of those applications just to get to Council table.
Bendon reminded Council changes to PUD are coming to Council and that may get more detail.
Councilwoman Mullins suggested future projects should supply more detailed site plans.
Councilman Romero moved to adopt Ordinance #32, Series of 2013, on second reading;
seconded by Councilman Frisch.
Councilman Frisch said he is supportive of this as it is a better version of what was previously
approved. Councilman Frisch said there are concerns about residential space in the commercial
core; however, this is residential space above offices. Councilman Daily stated he supports the
application. Councilman Romero said he supports this; it is important to discuss whether
Council is addressing just the amendment or the total project. Councilman Romero noted there
is a pre-existing approval which was judged to be compliant with the land use criteria at the time
of approval. Councilman Romero said these proposed changes are not large in scope but are
making the project better. Councilman Romero said he likes the environmental stewardship of
the site planning, the roof treatment, and the commitment to geothermal. Councilman Romero
said the downtown livability is important and is being stressed in this amendment; however,
there will be changes in this area of town. Councilman Romero said the outreach by the
applicant was good.
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Councilwoman Mullins stated the architecture is improved over the previous approval and as
long as APCHA and transportation support these changes, she is all right with them. Mayor
Skadron agreed the building is better than the approved project. Mayor Skadron said the
proposed amenities improve the overall project.
Roll call vote; Councilmembers Romero, yes; Mullins, yes; Daily, yes; Frisch, yes; Mayor
Skadron, yes. Motion carried.
Councilwoman Mullins moved to go into executive session at 7:55 p.m. pursuant to C.R.S. 24-6-
402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other
property interest; except that no executive session shall be held for the purpose of concealing the
fact that a member of the local public body has a personal interest in such purchase, acquisition,
lease, transfer, or sale and (e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators; seconded by
Councilman Romero. All in favor, motion carried.
Councilman Romero moved to come out of executive session at 8:30 p.m.; seconded by
Councilman Daily. All in favor, motion carried.
Councilwoman Mullins moved to adjourn at 8:30 p.m.; seconded by Councilman Romero. All in
favor, motion carried.
Kathryn Koch, City Clerk