HomeMy WebLinkAboutminutes.council.20140310Regular Meeting Aspen City Council March 10, 2014
OUTSTANDING EMPLOYEE BONUS AWARDS ..................................................................... 2
CITIZEN PARTICIPATION .......................................................................................................... 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 2
Resolution #16, 2014 - Toro Groundsmaster 4500D Purchase ........................................... 3
Request for Noise Variance/Street Closure - Aspen Skiing Company Spring Jam ............. 3
Appointment to Housing Board – Rick Head reappointed .................................................. 3
Resolution #23, 2014 - Case 9050 Excavator Repair Contract Approval ........................... 3
Resolution #19, 2014 - Burlingame Phase II - OZ Architecture Contract Amendment ...... 3
Resolution #20, 2014 - Burlingame Phase II - RLB Owners Rep Contract Amendment ... 3
Resolution#24, 2014 - Phase II City Hall Data Center ........................................................ 3
Minutes - February 24, 2014 ................................................................................................ 3
ORDINANCE #7, SERIES OF 2014 – Code Amendment – Miscellaneous Calculations and
Measurements ................................................................................................................................. 3
ORDINANCE No. 7 ....................................................................................................................... 4
RESOLUTION #17, SERIES OF 2014 - Transportation Impact Analysis Guidelines .................. 4
ORDINANCE #5, SERIES OF 2014 – Erdman Partnership Lot Split – Subdivision Amendment4
NOTICE OF HPC CONCEPTUAL APPROVAL 549 RACE ALLEY CALL UP ....................... 5
ORDINANCE #51, SERIES OF 2013 – Hotel Aspen PUD, Subdivision Rezoning ..................... 5
Regular Meeting Aspen City Council March 10, 2014
Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins,
and Romero present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor and Council presented an outstanding team employee bonus award to Miguel Gonzales,
Oscar Contreras, Leonard Thacker, Pat Derby and Brad Fite in the recreation department for
demolishing and rebuilding the stream room to high standards and saving the city money.
CITIZEN PARTICIPATION
There were no comments.
COUNCILMEMBER COMMENTS
1. Mayor Skadron reported on Burlingame sales and reservations for buildings 5 through 7
have gone from 13 to 18 reservations. On buildings 1 through 4, 25 of the 48 units have been
sold and 20 of the remaining units are spoken for; one unit is in the process and there are two
available.
2. Mayor Skadron congratulated all the participants in the Power of Four, which traverses
all four ski mountains and was made more challenging this year by the weather.
3. Councilman Frisch announced Frontiers is hosting a banking seminar, Tuesday March
18th at 11 a.m. in Council Chambers to discuss home ownership and capital reserve.
4. Mayor Skadron said ACRA is working on a partnership with the city’s recreation
department to provided added value to a Chamber membership. The TSA pre-check is available
at the Pitkin County Airport. This year’s Food & Wine is sold out. April 8th is the ACRA/City
breakfast 8 a.m. at Doerr Hosier.
CONSENT CALENDAR
Councilwoman Mullins requested Spring Jam, and the two Burlingame contracts be taken off the
consent calendar.
Regular Meeting Aspen City Council March 10, 2014
Councilman Mullins asked how city costs, like parking and police overtime, are covered. Justin
Erickson said the Ski Company pays the parking costs. The police overtime is absorbed in the
budget. Erickson said closing the streets after 4 p.m. has gained support from the merchants.
Resolution #19, 2014 – Burlingame Phase II OZ Architecture Contract
Councilwoman Mullins asked if staff was aware this contract was going to be 3 times as high as
originally presented. Chris Everson, asset department, told Council there have been change
orders mainly to do with the phasing of the project. When the contract was originally bid, both
architects bid as if the project were going to be built at once; although staff was aware there was
to be some phasing, the project had to be bid somehow and it was presented as if it were to be
built all at once. The $2.4 million of this is less than the original price of the other bidder. These
amendments have taken place over 5 years and contingency funds have covered the costs.
Councilwoman Mullins moved to approve the consent calendar; seconded by Councilman
Romero. The consent calendar is:
• Resolution #16, 2014 - Toro Groundsmaster 4500D Purchase
• Request for Noise Variance/Street Closure - Aspen Skiing Company Spring Jam
• Appointment to Housing Board – Rick Head reappointed
• Resolution #23, 2014 - Case 9050 Excavator Repair Contract Approval
• Resolution #19, 2014 - Burlingame Phase II - OZ Architecture Contract Amendment
• Resolution #20, 2014 - Burlingame Phase II - RLB Owners Rep Contract Amendment
• Resolution#24, 2014 - Phase II City Hall Data Center
• Minutes - February 24, 2014
All in favor, motion carried.
ORDINANCE #7, SERIES OF 2014 – Code Amendment – Miscellaneous Calculations and
Measurements
Jennifer Phelan, community development department, told Council there is a chapter in the land
use code determining how to calculate floor area, setbacks, and heights. Staff reviews and
updates for new-types of development, like rooftop amenities. Councilwoman Mullins asked
staff to address temporary rooftop amenities.
Regular Meeting Aspen City Council March 10, 2014
Councilman Frisch moved to read Ordinance #7, Series of 2014; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE No. 7
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.575 – MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER
26.104.100 – DEFINITIONS, AND CHAPTER 26.314 – NONCONFORMITIES OF THE CITY
OF ASPEN LAND USE CODE.
Councilman Frisch moved to adopt Ordinance #7, Series of 2014; seconded by Councilwoman
Mullins. Roll call vote; Councilmembers Frisch, yes; Romero, yes; Mullins, yes; Mayor
Skadron, yes. Motion carried.
RESOLUTION #17, SERIES OF 2014 - Transportation Impact Analysis Guidelines
Jessica Garrow, community development department, noted staff would like input from Council
in order to develop a transportation mitigation system for development to create a consistent, fair
and predictable system. Currently there are no clearly defined guidelines in the land use code.
The proposal is to explain what development is required to mitigate for their transportation
impacts and how they would do that. This is based on Aspen-specific trip counts for the
different uses as well as mitigation measures tailored for the Aspen area. Staff has done outreach
and received some feedback and the development community is supportive as it is creating a
clearer process and predictability.
Ms. Garrow pointed out this is a tiered system, single family and duplex developments are totally
exempt from the system as is minor development. Any other development inside the roundabout
has to go through the system as well as outside the roundabout, which may have more specific
requirements as their traffic demand is larger.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to approve Resolution #17, Series of 2014; seconded by
Councilwoman Mullins. All in favor, motion carried.
ORDINANCE #5, SERIES OF 2014 – Erdman Partnership Lot Split – Subdivision
Amendment
Regular Meeting Aspen City Council March 10, 2014
Justin Barker, community development department, reminded Council this is a request to amend
Ordinance #66, Series of 1990, to remove a condition regarding affordable housing mitigation.
This is two lots on Lake Avenue; one lot contains a single family dwelling with an ADU and a
vacant lot. Ordinance #66, 1990, creating the lot split has a condition stating each property
provide an ADU as affordable housing mitigation, which at the time was the only form of
housing mitigation for a lot split. Barker said the request is to allow housing mitigation available
to an applicant at the time of building permit, which would include affordable housing credits
and cash-in-lieu. Barker said Council has expressed concern over piecemealing different land
use codes; this is not that situation but replacing an old land use code with a new land use code.
Staff recommends approval removing the condition to require filing deed restrictions on ADUs
in case that is not the type of mitigation provided on this property.
Mayor Skadron said dismissing ADUs is the wrong direction and the city should push toward
populating ADUs. This would reinforce exclusivity and the city should support diminishing
barriers toward locals. Mayor Skadron said the AACP addresses community balance rather than
becoming an increasingly exclusive community and Council should take every step to remain
inclusive. Councilwoman Mullins said the current city housing requirements are good but tend
to create clusters of affordable housing. Councilwoman Mullins stated she would support
exploring ways to make owners rent their ADUs.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Frisch moved to adopt Ordinance #5, Series of 2014, on second reading; seconded
by Councilman Romero. Roll call vote; Frisch, yes; Romero, yes; Mullins, yes; Mayor Skadron,
no. Motion carried.
NOTICE OF HPC CONCEPTUAL APPROVAL 549 RACE ALLEY CALL UP
Mayor Skadron recused. Jennifer Phelan, community development department, reminded
Council there is a procedure for Council to call up decisions made by HPC. This property is part
of the Fox Crossing subdivision, which contains two historic cabins and a miner’s cottage. This
property is the Victorian miner’s cottage. The proposal is to rehabilitate and add onto the
cottage, which was approved at HPC by a 5 to 1 vote. Councilwoman Mullins pointed out there
is no site plan in the packet or any graphics to illustrate how it will fit within the neighborhood.
Councilwoman Mullins suggested this be continued to the next meeting for sites plans and for
Councilman Daily to be present. Council agreed.
ORDINANCE #51, SERIES OF 2013 – Hotel Aspen PUD, Subdivision Rezoning
Regular Meeting Aspen City Council March 10, 2014
Councilwoman Mullins recused. Mayor Skadron suggested this be continued as the most recent
changes were submitted this afternoon. Mayor Skadron said Council has a right to evaluate
modifications to applications in a reasonable manner. Stan Clauson, representing the applicant,
noted at the last continuation the applicant said it would be a tight time frame to provide
revisions in order to be evaluated by this meeting, which was understood by staff. Clauson said
the applicants are prepared to go ahead; the issues have been discussed and revolve around size
and compatibility. Clauson said the changes are to one of the residential units.
Council recessed until Councilman Daily is present.
Council reconvened at 7 p.m. with Councilmembers Frisch, Romero, Daily and Mayor Skadron
present.
Jennifer Phelan, community development department, reminded Council there have been several
public hearings on the Hotel Aspen. The proposal is 54 hotel room redevelopment on the north
side of the lot along Bleeker street is proposed for multi-family development. The original
proposal had 4 units, which has been reduced to 3 residential units. The most recent change is to
the westerly residential unit along Bleeker street and a reduction of two parking spaces on site.
Ms. Phelan suggested Council take public comment and continue the application to a meeting
next week to allow staff’s comment on the amendments.
Stan Clauson, representing the applicant, reminded Council the application has been amended to
go from 4 residential to 3 residential units. Clauson read from staff memo, “staff is supportive of
the change in density and the general design of the free market residential component of the
project. Staff finds the proposed floor area and net livable unit sizes to not meet the review
criteria attached. Staff recommended continuation of the project to reduce the overall floor
area”. Clauson said the hotel on the Main street side is in conformance with the code. Clauson
noted staff concurs the unit size may not be applicable with 3 free standing units versus and
multi-family building and that the 3 units were a more reasonable approach. Clauson reminded
Council that the applicants have argued that this project requires the free market component as
provided by code. Clauson reiterated reductions in overall floor area have been made; there has
been a decrease in cumulative floor area of 2,162 square feet from the original application and a
small increase in the lodging component; the free market residential is reduced by 800 square
feet.
Clauson showed the plan with the reduction in the westernmost unit to make it a two story
structure, meeting the R-6 height requirements and relating to the Victorian across the alley.
Clauson noted two subgrade parking spaces have been eliminated and some floor area for the
western unit has been relocated there. Clauson said this reduction creates a better transitional
element. Bill Poss, architect, showed how the westerly unit has been reduced to match the scale
of the adjacent neighborhood. Councilman Romero asked why the same design has not been
applied to the other two residential units. Brown noted when the number of residential units was
Regular Meeting Aspen City Council March 10, 2014
reduced from 4 to 3, two subgrade parking spaces could be eliminated and some square footage
for the western residential unit was relocated there. Councilman Romero said he liked the re-
design and rearrangement of square feet on the western residential unit.
Councilman Daily agreed about the westerly unit and would like to see the project smaller still.
Councilman Daily said this is a residential zone with a maximum FAR of 4,000 square feet and
this application contains 10,500 square feet or 2.5 times the residential floor area allowed.
Councilman Daily said the MU zone has a net livable ceiling 2.5 times less than is being
proposed. Councilman Daily reiterated coming closer to a variance of 3,000 square feet for all 3
residential units and would bring them closer to the existing scale of the neighborhood.
Councilman Daily noted variances are a hallmark of the lodge incentive program; however, these
variances are significant for 9 additional lodge units. Councilman Daily said he likes the lodge
development proposal but is concerned over scale and context for the neighborhood on the
residential units and the PUD criteria that has to be applied with a determination of
compatibility. Councilman Daily said in order to approve this project there will have to be
further reduction in the residential units.
Clauson pointed out the LP overlay and the lodge zone in the code states applicants can present
things different than the underlying zoning and the intent of the LP overlay was to provide
development not restricted by the R-6 zone. Clauson said the incentive for lodge development,
based on room size, allows 60% free market residential and questioned how that could fit on a
site if the most restrictive zoning is applied. Councilman Daily said the 60% seems to be out of
context with the rest of the code and also is a maximum. Councilman Daily said using the MU
dimensions, there is a net livable cap per unit of 2000 square feet for a total of 6,000 square feet.
Neither of the zone districts allows as much square footage as is being proposed in this
application and at the same time, the city is trying to find ways to encourage lodge
redevelopment. Councilman Daily stated he wants a context and scale for the proposed 3
residential units that is comfortable with the neighborhood.
Mayor Skadron opened the public hearing.
Doug Allen said the most historic part of Aspen is the west end starting next to the Hotel Jerome
and going west. Allen said this project does not add to the historic neighborhood. Visitors take
tours of the historic west end. Mary Esbaugh Hayes, 209 East Bleeker, said this building is still
too large are variances were not created to allow developers to get more profit and this project
has many variances. Ms. Hayes said the city codes were adopted for good reasons and should be
maintained unless for extenuating circumstances. Ms. Hayes said change the changes Aspen’s
character should not be supported.
Junee Kirk said passing this PUD would set a bad precedent and the application asks for more
square footage than code allows and asks for higher buildings than is allowed. Ms. Kirk said the
community would be giving up too much to gain 9 lodge rooms. Ms. Kirk stated there are no
Regular Meeting Aspen City Council March 10, 2014
guarantees that these will remain affordable beds and Aspen needs beds for tourists. Approving
this application would set a bad precedent; this is out of scale and too large. Lex Taurmianz told
Council he supports this project; the owners run good hotels in Aspen. The new and old Aspen
need to be blended and this is a good transition into the west end with the residential component.
Taurmianz said while maintaining Aspen’s character, Aspen also has to continue to improve.
Walt Madden noted this proposal has 3 residences where the zoning would allow 2, which is a
33% increase. Madden pointed out special cases and variances become the baseline for the next
conversation. Madden said the code contains a generous incentive program; the developer is
asking for more. Dennis Young stated compromise is essential. The developers have responded
to community concerns and have made changes. Young urged Council to support the project.
Bert Myrin said the land use code contains lodging incentives including a maximum cumulative
floor area. The developer’s request is 2750 square feet above the maximum cumulative.
Councilman Daily had suggested reducing each of the 3 residential units by 800 square feet or
2400 square feet total which is closer to the maximum cumulative but still 350 square feet over.
Myrin noted staff received the revisions this afternoon, leaving little time for review and for
public to see it. Peter Grenney said he likes the form of the project and it makes a nice transition
to the west end. Grenney said there is a need for lodging in the community and encouraged
Council to support the project.
Mick Ireland said this application should not be approved as it constitutes a de facto rezoning of
the property. Ireland stated it is inappropriate for staff to have only a few hours to comment on a
change to this application. Notice and opportunity to be heard are the essence of due process.
Ireland said approving this will be an upzoning of other lodge properties. Residential
development is worth twice as much as commercial development and this could drive out some
potential lodge operators. Ireland urged Council not to approve this project in an ad hoc
negotiating process. Julianne Steel said this is not just about the immediate neighborhood; this
approval for a project like this could affect other people’s backyards. Ed Petrosious said there is
a tree on property that should be protected. Petrosious said there does not appear to be a lot of
outside space around the units.
Mayor Skadron closed the public hearing.
Clauson stated the free market are two and three-story residential structures like those currently
on the street. The hotel will remain a hotel and that character is not changing. Clauson pointed
out there are incentives for lodge development in the code with a chart that shows the size of the
room and the free market residential component that could be associated with it. Clauson said
those incentive represent what some industry expert thought was necessary to subsidize lodging
development. Clauson stated there is a 2600 square foot variance being requested over the
1.25:1 floor area ratio for the MU zone. Clauson said the 2700 square feet represents the
Regular Meeting Aspen City Council March 10, 2014
amenities for the lodge that plus 54 lodge units at 300 square feet times the 60% incentives gives
one a certain size of the free market allowable.
Councilman Frisch said the community is facing the issue of the value of residential versus
lodging. Councilman Frisch noted the bulk and mass issue is a larger issue in the community
than that of waiving fees. Councilman Daily stated this is not a special review project; it is a
PUD and that is the criteria to be used. Councilman Romero pointed out special review is in the
PUD section and allows for an additional .25 of the floor area ratios. Councilman Romero noted
the land use code is clear about how the size of lodge rooms relate to the amount one can apply
for a free market residential bonus.
Michael Brown, applicant, noted 26.710.109(1) was adopted to encourage lodge redevelopment.
There has been little lodge redevelopment and Council is looking at ways to further encourage
lodge applicants. Aaron Brown stated this development proposes three free market units where
there could be two in exchange for rebuilding 54 lodge rooms and associated amenities. This is a
2600 square foot variance for the amenity space.
Mayor Skadron said there is a balance that needs to be met between incentivizing lodge
development as preserving residential mass and scale. Mayor Skadron said in this case, the hotel
trade off is not worth the variances and the requested variances exceed that allowed by code.
Councilman Romero moved to adopt Ordinance #51, Series of 2013, on second reading, as
amended; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes;
Romero, yes; Daily, no; Mayor Skadron, no. Motion NOT carried.
Councilman Frisch moved to continue this item to March 17, 2014, at 5 p.m.; seconded by
Mayor Skadron. All in favor, motion carried.
Mayor Skadron moved to continue the public hearing to March 17, 2014; seconded by
Councilman Romero. All in favor, motion carried. Council left chambers at 9:30 p.m.
Kathryn Koch
City Clerk