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HomeMy WebLinkAboutminutes.council.20140623Regular Meeting Aspen City Council June 23, 2014 1 SCHEDULED PUBLIC APPEARANCES .................................................................................... 2 CITIZEN COMMENTS AND PETITION ..................................................................................... 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 BOARD REPORTS ........................................................................................................................ 3 CONSENT CALENDAR ............................................................................................................... 3 □ Resolution #73, Series of 2014 – Updated E911 and Communications IGA ...................... 3 □ Resolution #74, Series of 2014 – Colorado Information Sharing Consortium .................... 3 □ Resolution #75, Series of 2014 – Appropriating $50,000 for Remodel of Sopris Creek Cabin #1 ............................................................................................................................... 3 □ Resolution #77, Series of 2014 – Truscott Site Improvement contract ............................... 3 □ Minutes – May 22, 2014 and June 9, 2014 .......................................................................... 3 Ordinance #19, Series of 2014 – Lodge Incentive Program Code Amendment ............................. 3 Ordinance #17, Series of 2014 – Mixed Use Zone District Code Amendment .............................. 5 Ordinance #18, Series of 2014- 120 Red Mountain Road – AspenModern Voluntary Designation ......................................................................................................................................................... 6 Resolution #75, Series of 2014 – HUBAspen Temporary Use- 557 North Mill Street.................. 7 Ordinance #14, Series of 2014 – Red Butte Cemetery – PD Amendment ..................................... 8 Ordinance #16, Series of 2014 – Yield at Stop Sign Law for Bikes ............................................ 10 420 E Hyman Ave – Notice of Call Up ........................................................................................ 11 Resolution #79, Series of 2014 – Authorizing the Execution of a stipulation of dismissal of the litigation known as Butera, et al v. The City of Aspen ................................................................. 11 Regular Meeting Aspen City Council June 23, 2014 2 Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins and Romero present. SCHEDULED PUBLIC APPEARANCES Carrie Hauser, Colorado Mountain College President, told the Council the Iasscson School will be held at the Aspen campus this year. She said the Aspen campus is primarily non-credit but the Iasscson School may change that. She thanked the Council for having CMC in the community. CITIZEN COMMENTS AND PETITION 1. Timothy Murray who lives at 1275 Riverside Drive, again voiced his concern over the construction of a neighboring home. He read several articles with the theme of council having a duty to protect its citizens and environment. He also alluded to filing a civil suit in district court. Mayor Skadron stated that some of the suggestions Mr. Murray made at the last meeting are being considered, noise fence and relocation of exhaust fans, but it does take time to work through the issues. 2. Colleen Collins, 518 Spruce Street, stated she is having trouble selling her home because of the employee generation study and not being able to tell prospective buyers what to expect. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins said the HPC received a 2014 commission excellence award from the National Alliance of Preservation Commissioners in recognition of the AspenModern program. 2. Councilwoman Mullins stated the city garden looks great. 3. Councilwoman Mullins said the Saturday Market is terrific. 4. Councilwoman Mullins said Gondola Plaza looks great and is so subtle that some may not realize anything has been done. 5. Councilwoman Mullins attended the CML conference in Breckenridge and will pass on the information. 6. Councilman Romero said the rain gardens at Gondola Plaza may be a trip hazard and should be checked out. 7. Councilman Romero said the valley is buzzing and lodging is off the chart. 8. Councilman Frisch thanked the volunteers for Jazz Aspen and Food and Wine. 9. Mayor Skadron thanked the participants and volunteers of the weekend events. 10. Mayor Skadron encouraged everyone to use We-Cycle. Regular Meeting Aspen City Council June 23, 2014 3 BOARD REPORTS 1. Councilwoman Mullins attended the RFTA board meeting but is not ready to report on it yet. 2. Councilwoman Mullins also attended the Red Brick meeting and the annual benefit is July 27th at the Doerr Hosier. CONSENT CALENDAR Mayor Skadron pulled Resolution #75, remodel of the Sopris Creek Cabin from the consent calendar. Tom McCabe, housing, told the Council the cabin was purchased through foreclosure and ended up paying more than the guidelines suggest. He said they did not feel they could put it on the market without rehabilitating it. He said they will take a hit on this property of around 32 thousand dollars from the foreclosure fund and the fund is in good condition. Mayor Skadron asked what the county’s role is. Mr. McCabe said the county donates to the foreclosure fund and they did ask the county for their opinion. □ Resolution #73, Series of 2014 – Updated E911 and Communications IGA □ Resolution #74, Series of 2014 – Colorado Information Sharing Consortium □ Resolution #75, Series of 2014 – Appropriating $50,000 for Remodel of Sopris Creek Cabin #1 □ Resolution #77, Series of 2014 – Truscott Site Improvement contract □ Minutes – May 22, 2014 and June 9, 2014 Councilwoman Mullins Moved to adopt the Consent Calendar, seconded by Councilman Frisch. All in favor, motion carried. Ordinance #19, Series of 2014 – Lodge Incentive Program Code Amendment Jessica Garrow and Chris Bendon, community development, told the council they will do a more thorough review and encourages Council to move this ordinance to public review. Ms. Garrow said there has been a 27 percent loss in lodging between 1995 and 2005. She said 40 percent of the bed base is in the condominium market. The main goals of the program are to bolster the bed base, stem the tide of loss, enable existing lodges to continue to be lodges, encourage upgrades to the aging lodging and condominium products and encourage additional short term product. Ms. Garrow said the main portion of the code amendment will be to the lodging code but there are other portions of the code that will be affected including zone districts, growth management, special review, timeshare and other miscellaneous pieces. Ms. Garrow told the council there are three different land uses included; lodge units-maximum stay 30 days, vacation residences- maximum stay 6 months, free market residential unit-unlimited stay. The proposed incentive program would be applicable for five years. The non-development incentives are targeted for the small lodges and include a grant or loan program, a free amenity Regular Meeting Aspen City Council June 23, 2014 4 evaluation, free building code evaluation, parking passes for each unit, signed parking in the right of way and creation of a lodge ombudsman position. The basic level focuses on minor exterior upgrades. Standard level is interior upgrades and small expansions and standard plus is large expansions and new product. The vacation residence basic program includes free building code evaluation, energy and accessibility upgrades, minor exterior renovations, on street parking passes, administrative land use reviews, expedited permit reviews and a 25-50 percent fee waiver for these projects. In exchange, the complex would enter into a development agreement with the City that would allow short term rentals for at least five years. The standard program would include all the benefits of the basic program and would waive the multifamily replacement requirements. It would allow for coordinated complex expansions, larger signage allowances, dedicated parking in the right of way and a 50-75 percent fee rebate. Conditions include entering into a development agreement with the City allowing short term rentals for 10 years, provide onsite services or utilize on-site property management. The participating units would need to be available through some type of reservation system. Ms. Garrow said the standard plus would include the same benefits of basic and standard but allow expansion of common amenities, reduction in affordable housing mitigation for new units, a 50/50 split for required curb, gutter, sidewalk and storm water improvements with the City, and a 75-100 percent fee rebate. Conditions are the same for standard with the addition of requirements to upgrade trash and recycle areas. The lodge program incentives for basic include a free building code and amenity evaluation, energy and accessibility improvements, minor exterior renovations, on street parking passes and dedicated parking in the right of way, 50/50 split with city for curb, gutter, sidewalk and storm water improvements, administrated land use review, expedited building permit reviews and a 25 - 50 percent fee waiver. In exchange, the lodge would enter into a development agreement and would have to reimburse the City if they convert from a lodge to a different use within five years. The standard program includes all the benefits of the basic and interior space reconfiguration. A high density lodge with no free market would be exempt from affordable housing mitigation. This would also include a 50 to 75 percent fee rebate. The development agreement would include reimbursing the City if they convert the lodge within 10 years to a different use. The standard plus includes basic and standard as well as a fourth floor only in the lodge zone district, south of Durant and only if approved through a planned development process and only if they participate in this program. This would also include some reductions in affordable housing mitigation and transportation mitigation requirements. The City would pay for the required sidewalk, curb and storm water improvements. There would also be a 75 - 100 percent fee rebate. The development agreement would include reimbursement if the lodge changed uses within 20 years. Councilwoman Mullins said she is concerned that small lodges get enough support. She also said she prefers a grant program but either a grant or loan one is fine. Councilwoman Mullins said she is not a fan of the ombudsman position and instead everyone in community development Regular Meeting Aspen City Council June 23, 2014 5 should be able to perform that duty. She stated she is still not a supporter of the fourth story and looks forward to more discussion. Councilman Romero stated he would like to see a broader list of the non-development incentives. He said the windows of commitment are not yet balanced with the benefits. Councilman Romero said the presentation style is spot on. He said he is supportive of the evolution of the fourth floor from previous meetings. Councilman Frisch said he is still hesitant about the loan/grant program but it should be on the table. He said he would like some reassurances about the fee waivers. Councilman Frisch said he likes the development agreement but if a lodge is approached by a more lucrative program they may cut out early and just pay the fees. He said it may make more sense to have it be a restriction instead of just repaying the city if the use changes. Mayor Skadron said he disagrees with the fourth floor but will not let it prevent this from moving to second reading. He asked if we need to consider affordable housing when discussing the fee waivers. Mayor Skadron said he is a proponent of more smaller units over fewer big ones. Councilman Frisch moved to read ordinance 19, seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 19 (SERIES OF 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 26, THE CITY OF ASPEN LAND USE CODE, RELATED TO THE ADOPTION OF A LODGE INCENTIVE PROGRAM. Councilman Romero moved to adopt Ordinance # 19 on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Ordinance #17, Series of 2014 – Mixed Use Zone District Code Amendment Chris Bendon told the Council this amendment would add retail and restaurant to the mixed use zone. He said this is consistent with direction from Council as well as the goal to add business diversity. They received a letter of support From Jess Bates noting it is difficult to find locations to create and meet with customers as well as a letter from Karen Mitchell stating this is essential to sustain locally owned small businesses especially artist spaces. Mr. Bendon said they are recommending approval. Councilman Frisch said this will be a big benefit to the small business community. Councilwoman Mullins said it is a great way to support expanding business diversity. She said it will increase the walkability of downtown and may create neighborhood centers around town. Regular Meeting Aspen City Council June 23, 2014 6 Mayor Skadron asked if there are limitations on the type of businesses and if this is to encourage diversity will we just see more real estate offices. Mr. Bendon replied the mixed use zone already allows for office use and he expects to see very few subtle changes. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Romero moved to approve Ordinance #17, Series of 2014; seconded by Councilman Frisch. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Ordinance #18, Series of 2014- 120 Red Mountain Road – AspenModern Voluntary Designation Amy Simon, community development, said this project is a 30,000 square foot lot with a single family home built in 1962 and designed by Ellen Harland. The house has been under the same ownership since it was built with a remodel completed in 1972. The project started at HPC and has recommended that Council support it. They also looked at stream margin review standards. Council is asked to look at the historic landmark designation, negotiation and transferable development rights. The proposed addition still leaves 500 square feet of unused floor area which the applicant would like to convert into two TDR’s and sell away from the property. Ms. Simon said the applicant is asking for four items as part of the negotiation; expedited review, waiver of permit fees, waiver of impact fees and the acquisition of a fisherman’s easement. She stated staff is recommending the approval. Kim Raymond, architect, said there have been nine properties designated AspenModern and only two have asked for the fee waiver. She said part of what encouraged her client to go forward with the project is the fee waiver. Ms. Raymond read a letter from the owner stating he has done his part to save this property for the community and asked Council to grant the fee waiver. He stated the project will move forward regardless but it may impact his decision to go forward with future projects. Councilwoman Mullins said the project clearly qualifies for designation. She said the city needs to support the program to keep it going and part of that is the waivers. She said the waivers are appropriate for this project. Councilman Frisch said there may need to be a bigger conversation on waivers and use of the general fund. He said he is supportive of some amount of fee waiver. Councilman Romero asked if the extended driveway is private or public. Ms. Simon said it is an easement to cross the properties that come before it. Mayor Skadron asked at what point fee waivers affect the city’s business plan. Steve Barwick said it amounts to a new way of doing business and we need to talk about how it will be funded. It would be a good conversation to take place during the budget process. Mayor Skadron opened the public comment. 1. Marcia Goshorn stated she lives in front of this project and loves that the applicant wants to save it. She requested the utilities be undergrounded to the property. She said the water line still goes through the old hospital. Regular Meeting Aspen City Council June 23, 2014 7 Mayor Skadron closed the public comment. Mayor Skadron said there is support to move this forward but he will not support the fee waiver. He said it is a dangerous precedent. Ms. Raymond asked why the city charges double what her engineer does. Mr. Bendon replied there are other things like the planner and builder of the day as well as free services they offer to the public. Councilman Romero said he would be willing to support the fee waivers because the policy provides it as one of the options. Councilman Frisch said this would be a good conversation for the council retreat. He said he will support the fee waiver but we need to talk about the consequences for the community and how we support the program. Mayor Skadron said this is a business management issue and the fees allow the city to provide the services that meet the expectation of the public. He said it is a bad precedent and we are going in the wrong direction. Mayor Skadron said he will not support this. Councilman Frisch moved to approve Ordinance #18, Series of 2014; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, no. Motion carried. Resolution #75, Series of 2014 – HUBAspen Temporary Use- 557 North Mill Street Chris Bendon said the temporary request is for three years in which the property will serve as a business incubator. It is located in the SCI zone district. Mr. Bendon said staff is recommending approval. He said there is a good mix of business incubation, stability for existing tenants, potential for site improvements, and potential for additional uses. Councilman Frisch said this is a great use for the space and will be a benefit for the community. Councilwoman Mullins said it will help reduce business startup obstacles. Mayor Skadron asked what the effect of incorporating the neighborhood is. Mr. Bendon said it will allow for broader uses that are not allowed by the zoning. Mayor Skadron asked if there are tenant guidelines. Michael Edinger said it is pretty loose. Mr. Bendon said he expects most of the tenants to be just office space but there may be some craft work and retail. Councilman Frisch said there are two parts; people who need affordable office space and those who are looking for collaboration. Mayor Skadron asked Skippy Mesirow what his thought are. Mr. Mesirow said one of the primary goals of the Next Gen commission is economic sustainability and they believe an incubator space is one of the best options to do that. Mayor Skadron opened the public comment. Regular Meeting Aspen City Council June 23, 2014 8 1. Jill Tehan told the council that she supports this. She said a lot of startups come across her desk and they constantly tell her how great it would be to have a communal space where those with a certain skill can help others where they may be weaker. Councilwoman Mullins moved to adopt Resolution #75, Series of 2014; seconded by Councilman Romero. Voice vote. All in favor, motion carried. Ordinance #14, Series of 2014 – Red Butte Cemetery – PD Amendment Justin Barker, community development, said this property is zoned park with a planned development overlay and is designated historic. The applicant is requesting a planned development amendment, growth management review for an essential public facility and a fee waiver to use a portion of the existing maintenance facility for a dwelling unit. The current facility was approved in 2009 and the first proposal included an employee unit. There was significant public resistance to this proposal and led to the removal of the unit. There is a condition from the approval that states the maintenance facility shall not be used as a living unit or as a place to sleep overnight. The applicant is looking to amend this condition and replace it with a deed restriction to allow the warming room to be used for sleeping by the employee. Mr. Barker said some of the debate from the original approval included whether there was need for a full time maintenance facility. Staff believes the impacts neighbors have concern over could be significantly reduced. Mr. Barker said staff’s recommendation is for approval with the following conditions; a separate deed restriction file with the limitations that this will be the sole dwelling unit on this property, the unit would not be expanded or modified, the unit shall only be used by one employee and cannot serve as their primary residence and if an amendment to the deed restriction be desired in the future it would require a majority vote by the council and the cemetery association. The second condition would be a use variation would be granted as long as the deed restriction is filed before the unit is used as a dwelling unit. The last conditions pertain to the building code requirements that allow someone to sleep in the space. Alan Richman, representing the Red Butte Cemetery association along with Stoney Davis, said the aim of the association is to provide a dignified sleeping space for its employee that would have the least impact on the cemetery and the neighbors. Mr. Richman said the unit will also serve as a work space and meeting room. He said the unit will not appeal to a family or even a couple. He said during the initial approvals in 2009, HPC said the character of the cemetery was not appropriate for a stand-alone dwelling unit. He said that this proposal will not add any square feet and is extremely different from what was originally proposed. Mr. Richman referenced the letter from Joe Porter and stated the employee unit has not come before council previously. He said the only reason the property is zoned parks is that is the only zone that permits a cemetery. Mr. Richman said they included in the amendment a review after one year. He said after the year there could be modifications or the use could be revoked. Mr. Richman said council should approve this because it is a proposal from an employer to provide housing for an employee. He also said that having the employee on site will result in better maintenance and security. Regular Meeting Aspen City Council June 23, 2014 9 Councilman Frisch asked if the maintenance position is full time. Mr. Davis said the employee spends about 3 to 5 days a week mowing and maintaining. He said the current employee lives in Meeker. Councilman Frisch said he is concerned about putting too much weight on the current employee living so far away and asked where he is currently sleeping. Mr. Davis said he has been sleeping at the cemetery for 18 years. Mr. Richman said no one has ever slept in the maintenance facility. He said there is a small Victorian cabin at the front of the cemetery that does not have plumbing facilities and limited heating where the employee sleeps on a sleeping bag. Councilman Frisch asked if the plan is to turn it into seven day a week living. Mr. Richman said they don’t see it as a dwelling unit but a sleeping space for the employee and it is not their intent to make it a permanent residence. Councilman Frisch said he is concerned it will turn into a permanent residence. Mr. Richman said this is an association with limited funding and if they had to provide housing by other means they would not be able to afford it. Councilman Romero said there is plenty of seasonal housing available and we should be exploring this for occasional housing. He said he agrees that this should not be designed around the current employee but the long run. He said if this went back to HPC they would probably have the same concerns as they did in 2009. Mayor Skadron opened the public comment. 1. Steve Spiritis told the Council that they did not receive notice of the meeting and only found out today about it. He said a maintenance facility was approved and this would change the character and make it a residence. Mr. Spiritis said he was unaware that the employee was sleeping at the cemetery until he was told in March. He said that other housing options need to be explored. Mr. Spiritis said there is an empty ADU next to his house and maybe someone should look into that. 2. Alexis Spiritis said they encouraged the board to make the small Victorian cabin a living unit. She said she is concerned that the maintenance building will turn into a full time unit with ultimately a family living there. 3. Tony Vagneur said the cemetery is a beautiful place and a lot of work. They are fortunate they have Denis as an employee. Mr. Vagneur said they already have the place for him to sleep they just need the blessing. 4. Garry Beck said they are a voluntary board and have to juggle where the assets go. Mr. Beck said he is not opposed to looking at seasonal housing off site. 5. Sherry Oates said since the unit is there they should give it a try and check in after a year. 6. Justin Barker received letters from Steve and Alexis Spiritis, the Scheffler’s who believe this amendment is a way around the original decision and the Gardner’s who are in support of the amendment. Mayor Skadron closed the public comment. Councilman Frisch asked Mr. True about the notice. Mr. True stated the code requires the applicant provide notice through posting and mailing. Mr. Richman has signed an affidavit stating he mailed notice as required. The listing indicated notice was mailed to the office of Mr. Spiritis. Mr. True stated the notice was adequate. Regular Meeting Aspen City Council June 23, 2014 10 Mr. True said the ordinance does not address the specific condition of the one year review. He suggested the ordinance be amended if Council wishes to go there. Councilman Frisch said what the board is trying to do is honorable but questioned whether someone needs to be on site. He said it would be great if something could be done within the neighborhood. Councilwoman Mullins said there was significant resistance in 2009 of the employee unit. She said she objects to the ordinance and the language is unclear. Councilwoman Mullins said the cemetery is zoned as a park which does not allow residential. She said unless there is a compelling reason she would not be able to support it. She said the best thing to do tonight is to find a neighborhood solution. Councilman Romero asked if there is a way to do a temporary use without the ordinance. He said it is a community asset and there should be a community solution. Mr. Bendon told the council the hearing may be continued to pursue other housing options. It could be approved with a checkpoint for a subsequent review or approve with an automatic termination. Councilwoman Mullins said she prefers a continuation to look at other housing options. Councilman Frisch also said he would like to see it continued to see what other housing options may be available. He said if that does not work out he would support approving with a one year review. Mayor Skadron said there is support of a continuation to investigate either a community solution or seasonal housing. Mr. Bendon said it would be up to the applicant to look into these solutions and report back at the next meeting. Councilwoman Mullins moved to continue to July 14, 2014; seconded by Councilman Frisch. All in favor, motion carried. Ordinance #16, Series of 2014 – Yield at Stop Sign Law for Bikes Trish Aragon, engineering department, along with Blair Weyer, Bill Linn and Scott Miller presented. Ms. Aragon said the law would not apply to highway 82 and the intersecting streets. They are not proposing additional signage. They are proposing an age restriction that children 10 and younger still need to stop. Ms. Weyer said they will partner with parks and engineering as well as traditional media to get the word out about the new law. They are also contacting hotels and bike shops as well as hands on training within the community. Mr. Miller stated they wanted to be clear that this will not give permission to blow through stop signs but yield. Councilwoman Mullins asked how they are working with We-cycle. Ms. Weyer said they will probably be partners but are not currently working with them. Mayor Skadron said he is looking forward to this and it is every bit as safe as it is now. Regular Meeting Aspen City Council June 23, 2014 11 Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #16, Series of 2014; Seconded by Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Romero, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. 420 E Hyman Ave – Notice of Call Up Councilwoman Mullins recused herself. Mr. Bendon said this is the current Zocalito building and the applicant redesigned the exterior based on the comments. Staff is recommending approval and HPC approved 4-1. Council did not call up this item. Resolution #79, Series of 2014 – Authorizing the Execution of a stipulation of dismissal of the litigation known as Butera, et al v. The City of Aspen Mr. True said this is to address an offer by the plaintiffs, in which the case was originally filed in 2011 asserting the City had abandoned certain senior water rights that were decreed for hydroelectric use. The plaintiffs suggested they would be willing to dismiss the law suit when the City decided not to move forward with the Castle Creek Energy Center after the NREL study. The attorney’s office was concerned to ensure there were statements in the dismissal and resolution that the City did not believe they had abandoned the water rights and only suggesting the energy center would not be pursued at this time but pursue micro hydro at this time. The stipulation of dismissal is without prejudice meaning any of the plaintiffs can refile the litigation. The attorneys believe it is in the best interest of the City to go forward with the dismissal. Councilman Frisch moved to adopt Resolution #79, Series of 2014; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Romero moved to adjourn at 10:00 pm; seconded by Councilman Frisch. All in favor, motion carried.