Loading...
HomeMy WebLinkAboutminutes.council.20110425 Regular Meeting Aspen City Council April 25, 2011 ASPEN FILM 2 PROCLAMATION — Family Fun Day 2 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 • Minutes — April 11, 2011 3 • Resolution #30, Series of 2011— Release fund from Community Designation Fund 3 ORDINANCE #14, SERIES OF 2011 — Code Amendment Affordable Housing 4 ORDINANCE #15, SERIES OF 2011— Stormwater Fee in Lieu of Detention 4 ORDINANCE #13, SERIES OF 2011 — Code Amendment Water Utility Fees Affordable Housing 6 ORDINANCE #12, SERIES OF 2011 -625 E Main (Stage III) Subdivision /PUD Amendment 6 • 1 Regular Meeting Aspen City Council April 25, 2011 Mayor Ireland called the meeting to order at 5:08 PM with Councilmembers Kruger, Johnson, Torre and Skadron present. ASPEN FILM Robin Mylar, director, Aspen Film and Allison Levy showed Council a 3 minute film made by the participants of the recent Aspen Shortsfest. Ms. Mylar thanked Council for their past support of Aspen Film. PROCLAMATION — Family Fun Day Mayor Ireland and City Council proclaimed May 7 at Family Fun Day and encouraged families to go to the ARC and participate in the activities. Tim Anderson, recreation director, told Council admission to the ARC May 7 will be free for families; there will be activities. City recreation staff has worked with Kids First, the Buddy Program and other organizations for families to take advantage of this wonderful community facility. CITIZEN PARTICIPATION 1. Barbara Owen told Council several residents of Silver Lode and Williams Ranch are present to ask for some traffic calming devices in their neighborhood. The streets are steep and there are a lot of children playing in the area. Ms. Owen told Council both homeowners' associations, are in favor of this. Ms. Owen said they are proud of their neighborhood. Ms. Owen said they have tried different approaches, like putting in their own speed bump and would like to work with city staff to have a more effective means of managing the traffic. Mayor Ireland said engineering staff can work with the homeowners' associations to see if they can come up with something that works for the neighborhood. Mayor Ireland pointed out there are no sidewalks in this area. Councilman Johnson supports staff working on this; there may be a solution that will work in other neighborhoods. Council agreed to direct staff to work with the homeowners on solutions that will make a difference. 2. Kathryn Koch, City Clerk, announced that there will be two polling places for the May 3rd city election; Rio Grande Place for precincts 1, 2 and 3, and Health and Human Services for precincts 4, 5 and 7. Ms. Koch reminded voters to bring their identification to the polls. COUNCILMEMBER COMMENTS 1. Councilwoman Kruger told Council she attend the economic "bottoms up" initiative April 16` There is another meeting April 27 and 28. The group came up with 5 strategies and goals. This is an opportunity for Aspen to align with other valley entities and to share information on what may help with the economy. 2 Regular Meeting Aspen City Council April 25, 2011 2. Councilman Torre said he appreciates Mick Ireland, Ruth Kruger and Steve Skadron for running for office. 3. Councilman Torre said last Friday was Earth Day and members of the Elk's Lodge gave away 1000 reusable grocery bags. 4. Councilman Torre noted there is a "21 day reusable challenge" about giving up plastic water bottles, plastic bags and Styrofoam cups. People interested can find out more about this on the website. 5. Councilman Torre asked about parking in the off season and whether the paid parking could be eliminated for that time period. Councilman Torre said there are a lot of empty spaces in the commercial core during off season. Councilwoman Kruger agreed that would be a good idea. 6. Councilman Torre said he will be gone during the month of May. 7. Mayor Ireland reminded everyone there is absentee voting in the city clerk's office until Friday, April 29 at 5 PM. The city opted out of permanent mail in voting so anyone who wants a ballot by mail must contact the city clerk's office. 8. Steve Barwick, city manager, told Council the request for fee waiver by Theatre Aspen has been withdrawn. 9. Mayor Ireland said the Aspen Area community Plan has been going through drafting and staff is working with P &Zs on this. Council will be reviewing it in May and June 10. Chris Bendon, community development department, told Council the applicant has requested that Resolution #31, Appeal of Code Interpretation, be continued to May 9th Councilman Torre moved to continue Resolution #31, 2011, Appeal of Code Interpretation — Floor Area, to May 9 at the request of the applicant; seconded by Councilman Johnson. All in favor, motion carried. 11. Mayor Ireland said there is a presentation Wednesday, April 27 at 4 PM by the former state demographer. CONSENT CALENDAR Councilman Johnson moved to adopt the consent calendar; seconded by Councilman Torre. The consent calendar is: • Minutes — April 11, 2011 • Resolution #30, Series of 2011 — Release fund from Community Designation Fund All in favor, motion carried. 3 Regular Meeting Aspen City Council April 25, 2011 ORDINANCE #14, SERIES OF 2011— Code Amendment Affordable Housing Sara Adams, community development department, told Council projects, except single family and duplexes, are reviewed by P &Z for growth management approval. The review requires proposed affordable housing to meet criteria. This code amendment would permit a percentage of the unit's net livable area to be at or above finished or natural grade to be varied at P &Z's discretion through a special review process. Ms. Adams noted earlier Council and P &Z passed a code amendment prohibiting sub -grade units. That code amendment did not differentiate between livable and unlivable dungeon units; there is no flexibility. This code amendment would allow P &Z to vary the requirement that 50% of an affordable housing unit's net livable is located above natural or finished grade as long as it meets APCHA's approval and meets certain criteria. Councilman Skadron said he would like to understand what changes this code amendment may bring forward and what the unintended consequences might be. Councilman Torre moved to read Ordinance #14, Series of 2011; seconded by Mayor Ireland. All in favor, motion carried. Ordinance No. 14 (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.430 SPECIAL REVIEW AND 26.470.070.4 GROWTH MANAGEMENT QUOTA SYSTEM - AFFORDABLE HOUSING. Councilman Skadron moved to adopt Ordinance #14, Series of 2011, on first reading; seconded by Councilman Torre, Roll call vote; Councilmembers Johnson, yes; Kruger, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #15, SERIES OF 2011— Stormwater Fee in Lieu of Detention Councilman Johnson moved to read Ordinance #15, Series of 2011; seconded by Torre. All in favor, motion carried. ORDINANCE NO. 15 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR THE DELETION OF THE STORMWATER SYSTEM DEVELOPMENT FEE AND ADDITION OF A STORMWATER FEE -IN -LIEU OF DETENTION 4 Regular Meeting Aspen City Council April 25, 2011 April Long, engineering department, told Council this ordinance repeals the existing storm water development fees. Council asked staff to review the fee for equity and staff felt it would be best to delete that fee. This would mean less revenue for stormwater funds and less money towards capital projects, including detention, upgrading the pipe system and improving the capacity. Ms. Long said without revenue to improve the system, the detention standards will have to be changed to require stormwater to be handled on site. Ordinance #16 would amend the urban runoff management plan which houses the standards to adopt stricter detention standards. These detention standards will be harder to meet and staff is recommending a fee in -lieu of detention to give options to provide detention on site or to pay a fee. Mayor Ireland said when the city did the Jenny Adair stormwater project, it removed about 12% of runoff junk from getting into the river. Ms. Long agreed detention is a way of measuring quantity and provides some quality benefits. Detention on -site will help to provide downstream flooding. Ms. Long told Council there is a requirement for improvement of water quality on one's site, which can be done in coordination with the detention. Mayor Ireland noted at some points, the Roaring Fork river is gold metal waters, which depends on the water quality. Mayor Ireland said this is just not about the city generating revenue but also about the possibility of losing 40% of the volume of the river to east slope diversions. As the quantity of the stream decreasing, the runoff junk into the stream is less diluted. Councilman Johnson asked how the partnership with parks and the detention ponds affects storm water. Councilman Johnson said he would like to know about the appeal process at second reading. Councilman Torre moved to adopt Ordinance #15, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Kruger, yes; Skadron, yes; Johnson, yes; Torre, yes; Mayor Ireland, yes. Motion carried. Councilman Johnson moved to read Ordinance #16, Series of 2011; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE NO. 16 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE URBAN RUNOFF MANAGEMENT PLAN Councilman Torre moved to adopt Ordinance #16, Series of 2011, on first reading; seconded by Councilman Johnson. Mayor Ireland said the Jenny Adair project has been successful. Mayor Ireland noted there are discussions about using runoff for micro -hydro projects. Roll call vote; Johnson, yes; Skadron, yes; Torre, yes; Kruger, yes; Mayor Ireland, yes. Motion carried. 5 Regular Meeting Aspen City Council April 25, 2011 ORDINANCE #13, SERIES OF 2011 Code Amendment Water Utility Fees Affordable Housing Dave Hombacher and Jeff Rice, city of aspen Water/Utility department, told Council this amendment is about waiver of water utility fees for affordable housing units. Hombacher noted there is a category 7 affordable housing, which will be added to the chart in the ordinance. Hombacher said in the mix of free market/affordable units in the All zone district also occurs in other zone districts. Councilman Torre asked about not having fee waivers past category 3. Hombacher said this is an extension of past practices, trying to strike a balance between the categories and the costs. Councilman Torre said the Council should discuss if the philosophy of incentivizing only categories 1, 2 and 3 still holds true with Council. Mayor Ireland said it has been Council's will to try and build inventory in categories 1, 2, and 3. Category 4 is about 'A of the existing housing inventory. Mayor Ireland noted if Council wants to waive fees in other categories, they need to find another source for that revenue. Councilman Torre said he is comfortable with waivers for categories 1, 2 and 3 for now. Councilman Torre said projects that are all affordable housing are being developed and these will be available to developers for off -site mitigation. Councilman Torre suggested a pay schedule to allow this to be passed through to the developer who is using the units for credit. Mayor Ireland said if units are being built for mitigation or being sold for mitigation, there is no tap fee waiver. Councilman Torre said as an affordable housing project for mitigation goes through, the tap fees could be deferred until it is sold as mitigation. Councilman Torre requested some staff time for him to have this conversation. Chris Bendon, community development department, told Council deferring payment could help a developer's cash flow and the ability to achieve financing. Councilman Johnson said he would like the city to make sure there is clear data on all fee waivers going forward. Councilwoman Kruger said she does not want to create a disincentive to build categories 1, 2 and 3. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #13, Series of 2011, on second reading; seconded by Councilman Skadron. ORDINANCE #12, SERIES OF 2011 625 E Main (Stage III) Subdivision/PUD Amendment Jessica Garrow, community development department, pointed out Council has 3 separate reviews; subdivision amendment, PUD, rezoning in conjunction with the PUD. Ms. Garrow stated this application falls under the 2006 land use code. This project was approved in 2007, which approval the applicant is seeking to amend. The proposal is to change the internal division of space, adding 2,118 square feet of commercial space to the basement and eliminating the vertical stacked parking. Ms. Garrow noted there is a slight increase in commercial footage on the first floor, a slight increase in office space on the second floor and 2 affordable housing units and 1 free market unit; the third floor has 2 free market units. There is a decrease of 2 free market and 3 affordable housing units from the previous approval. The overall building mass is 6 Regular Meeting Aspen City Council April 25, 2011 decreasing about 19 %. The green roof and common roof deck have been eliminated; the access stairway and elevator can be eliminated. Ms. Garrow pointed out there is a table that outlines all the changes. Ms. Garrow said the commercial space has increased 2,090 square feet and P &Z granted a growth management allotment for that increase. The decrease in free market and affordable housing units required an amendment, also granted by P &Z. Ms. Garrow reminded Council they requested comparison to the past approvals. The proposal exceeds the parking requirement by 10 spaces; the applicant has committed to dedicating one parking space for each affordable housing unit. The building is lower than the allowable height limit. The project exceeds the affordable housing mitigation by 16 %. Ms. Garrow said the current approval includes a cash -in- lieu payment of $50,000 for the pedestrian amenity. The new code does not allow cash -in -lieu by right. The applicant requested a PUD to increase the size of the free market units. Ms. Garrow reminded Council the 2006 code has a cap on free market net livable space of 2000 square feet. This unit cap was added by emergency ordinance to all commercial zones to encourage density and to have "lights on" in the downtown neighborhoods. Council also wanted to encourage multiple ownership of buildings and to maximize multiple uses rather than have buildings be one large free market residence. Ms. Garrow noted in 2007, all commercial zones were changed so that unit size caps were amended; the cap is 2000 and can be increased to 2500 square feet with a TDR. Ms. Garrow said this code amendment was done to help bolster the TDR program. The applicant is requesting unit sizes of 2527, 2658 and 2837 square feet without purchasing TDRs. Ms. Garrow recommended approval of the 2000 square foot cap on the units with the ability to reach 2500 square feet by using TDRs. Ms. Garrow said the code requires the free market net livable space be less than the commercial space. The original approval had 479 square feet more of free market net livable. This proposal will decrease the discrepancy to 150 square feet and staff recommends approving this change. Ms. Garrow said staff is recommending 2000 square foot units and purchase of TDRS and recommends in favor of all other changes to the project. P &Z recommended approval of the project as presented by the applicant. Ms. Garrow entered exhibit K, 7 letters in favor of the project, received after the packet. Councilman Torre asked about the realignment of the affordable housing from 5 one - bedrooms to 2 three - bedroom units. Ms. Garrow said this was reviewed by APCHA, who recommended in favor of this configuration. Adam Roy, representing the applicant, told Council the applicant's desire is to reduce the density and make it a more realistic project for its location. One way to accomplish this was to reduce residential unit sizes, making it more of a family- oriented building with livable three - bedroom units. Roy told Council the applicants had meetings with APCHA staff who felt it was a good unit mix and the housing board endorsed that. Mayor Ireland disclosed he discussed the timing of this project and the benefit of having the eyesore removed with the applicant. Mayor Ireland said he is not convinced that making the residential units larger will alter the occupancy of the downtown. Mayor Ireland said he supports P &Z's recommendation, which is not to require TDRs. Councilman Skadron asked if the overall building size is affected by the TDRs. Ms. Garrow said the proposal is for units larger than allowed; however, the building is smaller than approved. 7 Regular Meeting Aspen City Council April 25, 2011 Jeff Cardot, applicant, told Council he proposes to reduce the gross square footage of the building by 2200 square feet, reducing free market space, common space, employee housing to make a smaller building. Councilman Skadron asked if Council supported staff's recommendation, would the building be even smaller. Cardot told Council in their negotiations, they did not focus on the TDR aspect and he has given up the rooftop amenity, the parking spaces, reduced gross square footage and is not interested in purchasing TDRs. Councilman Skadron asked for the percentage reduction for each category, like affordable housing, free market and commercial. Roy said the free market reduction is 548 square feet; commercial is decreased by 645 square feet; however 2100 square feet has been added to the basement and this is not calculated in the FAR. In net livable, the residential is decreased by 347 square feet; the commercial is increased by 2098 square feet; affordable housing is decreased by 999 square feet and 750 square feet of net livable. Councilman Skadron asked if there is the possibility that the 3 free market units could be joined to result in one 7500 square foot unit. Cardot pointed out the free market units are on 2 different floors. Ms. Garrow said this approval is for 3 separate free market units. If the two units on the top floor were to be combined, it would be a violation of this approval and the applicants would have to amend the PUD. Councilman Skadron asked about the livability of the affordable units. Ms. Garrow noted the in this application, the affordable units all face Main street, have windows and area more livable than the previous units. Ms. Garrow said the units all have a parking space and one could add storage to that parking area if they want. Councilman Skadron asked if the commercial units are restricted in any way. Ms. Garrow answered they have to comply with the C -1 zone district uses. Councilwoman Kruger asked about the use of the basement space. Jeff said they are hoping for affordable commercial spaces. Councilwoman Kruger said subgrade commercial is difficult. Roy said the ceilings in the basement are 20' because being designed to accommodate a hydraulic lift and these could be unique spaces. Councilwoman Kruger applauded the applicant for reducing in size and mass and sensitivity to the neighbors. Councilwoman Kruger said town is seen from above and she would prefer to see the green roof remain. Councilwoman Kruger said decreasing the free market units from 5 to 3 is commendable and she would reward that decrease by approving the larger size of the unit. Councilman Torre said he appreciates the project will move forward from being a hole in the ground. Councilman Torre said the decrease in parking on site may put 10 more cars on the streets. Councilman Torre noted he is surprised APCHA signed off on 3 bedroom units in this location, raising a family on Main street is not a direction of the C -1 zone. Councilman Torre stated he is against the change to larger units because there is limited developable space in Aspen and the larger these units get, the less accessible they are. Councilman Torre said he feels larger units are used less frequently. Councilman Torre stated he is not comfortable with this project. Cardot noted the units are going from 10 to 5; there are fewer parking spaces and there will be fewer people in the building. Roy said the project is over - parked by 10 spaces. Cardot said the core is changing and these are family- livable units. Councilman Johnson said this decision is more to solve an existing problem rather than get the best project for Aspen. Councilman Johnson asked if the financial assurances language is included in this ordinance as with past projects. Ms. Garrow said no specific numbers have been worked out; a completion bond is not 8 Regular Meeting Aspen City Council April 25, 2011 called for in this ordinance. Cardot noted this project is different from previous projects that had financial assurances and completion bonds. This will be a non - leveraged project. Cardot suggested he show the city attorney or building department money to do the phase before any building permit is issued. Chris Bendon, community development department, agreed it would be in the city's best interest to get an escrow account or surety to protect the city and that will be included as part of the development agreement. Councilman Johnson said he would like the applicant to look at providing 2 parking spaces to each affordable housing unit. Cardot noted the land use code requires zero parking spaces for these units. Cardot said there is a commercial component to the building, which will impact on- street parking and they would like to keep as many spaces for the commercial to lessen the impact on the neighborhood. Mayor Ireland opened the public hearing. Jerry Byers, Hunter Square Building and next door to 625 E. Main Street, stated she supports these plans for a building that will be better than the previously approved building. Ms. Byers told Council as soon as Cardot brought this property, he contacted neighbors and with neighborhood input, he has designed the building. The owner has chosen to build a building with less density, mass and height and to lower the existing elevator by 12'. Ms. Byers noted the owner will live in this building and will join the neighborhood as an on -site owner. Ms. Byers requested Council approve this application. Lindsay Smith said for the original approval, the neighborhood was unaware of 12' housings on the roof, one of which has been built. The applicant is proposing to eliminate these. Ms. Smith said the affordable housing has been decreased eliminating 3 kitchens, 3 living rooms and creating bigger units with storage space and mud rooms. Pat Althouse, Concept 600, said this new building fits into the neighborhood and provides homes for people rather than small employee units; it promotes vitality in the city. This proposed building follows the land use code and would make the existing construction site something the town could be proud of. Ms. Althouse requested Council approve this project. Dick Kopeck, Concept 600, said he hopes this will be passed; the site has been an eyesore for the neighbors. Bill Stirling noted there is little commercial money for borrowing. Stirling said cities are dying because of the suburbs. Stirling said with the free market and affordable units in this project, there is a chance for a richer urban life. The reduced height and less massing are both positives and the proposed commercial may help to expand the vitality. Paul Taddune, representing Hunter Square Building, told Council the applicant has done a good job responding to the concerns of the neighbors. Taddune told Council the insurance business has changed and it is more difficult to get performance bonds. Taddune said Council should accept P &Z's recommendation not to require TDRs; enough concessions have been made by this applicant and residents of this building will need the larger units. These will be for -sale affordable housing units. Taddune said this is a win/win situation. Jim Smith said this is a near perfect project; the applicant has worked with all owners in Concept 600 to try and get a better 9 Regular Meeting Aspen City Council April 25, 2011 project. Smith encouraged Council to recognize the owner's efforts and to approve the project as he requests. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #12, Series of 2011, in accordance with P &Z' s recommendation and to add the escrow requirements to Section 2; seconded by Councilwoman Kruger. Councilman Skadron said when this originally came before P &Z, his issue was whether the project met the criteria of the C -1 zone. Councilman Skadron said his decision takes into account those most impacted by the decision and unanimity of the neighbors is a strong point. Councilman Skadron said if the housing units and parking space are signed off on by APCHA, he will support that. Councilman Skadron said he will support P &Z's recommendation. Councilman Torre said he feels there are larger policy issues to talk about, like parking and parking supply, in fill and the TDR program. Councilman Torre said he is surprised about the recommendation for category 4 affordable housing units in this location. Councilman Torre said this is a better project that the previously approved project. Councilman Torre said his problem is fixing a project that is bad. Councilman Torre said he would like to see a middle ground and not a complete waiver of the TDRs. Councilman Torre said overall community goals are being pushed aside. Councilman Torre applauded the applicant for taking over this project and for moving forward. Councilman Johnson said he, too, has some concerns about TDRs and agrees there should be a policy discussion about that program. Councilman Johnson said this is a realistic project for the site and for the economy and the market desires. Councilman Johnson said solving a problem and the neighborhood outreach is a positive. Councilwoman Kruger said she would prefer to see the basement spaces used as parking. Mayor Ireland applauded the applicant for working with the neighbors. Mayor Ireland agreed to look at infill and allowable height and mass. Roll call vote; Councilmembers Johnson, yes; Torre, no; Kruger, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adjourn at 8:10 PM; seconded by Councilman Johnson. All in favor, motion carried. ice' n Koch City Clerk 10