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HomeMy WebLinkAboutminutes.council.20110711 Regular Meeting Aspen City Council July 11, 2011 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 • Resolution #44, 2011 Rio Grande Storm water Improvements Design Contract 3 • Election Commission Appointments — Ward Hauenstein and Bob Leatherman 3 • Minutes — April 11, June 27, 2011 3 RESOLUTION #45, 2011— Contract Vehicles Purchase Police Department 3 RESOLUTION #46, 2011— Contract ARC Concession 4 ORDINANCE #19, SERIES OF 2011 — Aspen Walk (404 Park Avenue) Final PUD 4 ORDINANCE #9, SERIES OF 2011— Boomerang PUD Amendment 8 RESOLUTION #47, SERIES OF 2011— 605 S. Aspen Alps Road Extension of Vested Rights 13 RESOLUTION #48, SERIES OF 2011 — Aspen Art Museum Request to Pay Cash -in -Lieu 13 51 JOHNSON DITCH AGREEMENT 14 ORDINANCE #9, SERIES OF 2011— Boomerang Final PUD Amendment 15 1 Regular Meeting Aspen City Council July 11, 2011 Mayor Ireland called the meeting to order at 5:08 PM with Councilmembers Torre, Frisch, Johnson and Skadron present. CITIZEN PARTICIPATION 1. Emzy Veazy told Council he noticed minutes that were dated the incorrect year. Veazy said retail and office stock in town is obsolete. Council should consider modernizing the malls. 2. Peter Fornell said he is disappointed in the Art Museum's request to pay cash -in -lieu for mitigation of their employees. Fornell said the inventory of buy -down condominiums is over- stocked and the city has had to buy back some employees units in free market buildings. 3. Bill Linn, police department, reminded everyone of the upcoming Pro Cycling race in Aspen. Most of the downtown core will be closed to car traffic. The race is Wednesday, August 24` There will be neighborhood meetings July 29 at 10 AM and 2 PM, City Council Chambers, and August 1 at 5:30 PM in the library. Councilman Torre asked where the informational markers that Independence Pass is closed will be located on the east side. Linn said he will find that out. Linn said the city has rented 3 informational message boards to place along Highway 82 to the west. 4. Andrew Kole said the city needs more information about the water filling stations to raise awareness. Kole said the city also needs more water filling stations around town. CCLC suggested these could be sold as "memorials" like benches around town. Kole told Council kids representing non - profits are selling city water bottles at the Saturday Market. COUNCILMEMBER COMMENTS 1. Councilman Johnson thanked parks, streets and police departments for a great 4 of July parade. Councilman Johnson said he was impressed on how quickly the streets were cleaned after the parade. 2. Councilman Torre said people should take time to appreciate Aspen; there is a lot of great energy in the community. There was a great feeling on the 4 of July. 3. Councilman Torre showed a sample of Aspen's water bottles. Councilman Torre said Ashley Cantrell, environmental health department, deserves a lot of credit for getting this program together in a short amount of time. 4. Councilman Frisch agreed the 4th of July was a great day in Aspen. 5. Councilman Frisch said he went to the unveiling of the Aspen water filling stations and agreed it is an excellent program. 6. Councilman Frisch noted the Aspen Marathon, held last weekend, is a Boston marathon qualifier — the first in this area. Councilman Frisch said he ran the half marathon and had a good time. 2 Regular Meeting Aspen City Council July 11, 2011 7. Mayor Ireland asked that the barriers in the 4 of July parade be reconsidered; these tend to separate kids from their families and not deter kids from getting through the barriers. 8. Mayor Ireland said he helped coach the Aspen high School basketball team to victory when they played Garmisch Partenkirchen in Bavaria and it was great fun. 9. Mayor Ireland announced Maggie Fox spoke in Aspen recently and said the environmental groups do not work well together, which makes it difficult to combat global warming. 10. Councilman Skadron told Council the CORE board met to review the annual grants where they distribute impact funds generated from the renewable energy mitigation program to non - profit organizations. Councilman Skadron said these funding allocations of $176,000 will come to Council for final approval. CONSENT CALENDAR Councilman Johnson said he supports having the election commission members reappointed and asked the process for that staff recommendation. City Clerk Kathryn Koch told Council both members, Ward Hauenstein and Bob Leatherman, stated they are willing to serve another two year term. These appointments were not made until March 2010; the election commission put in a lot of work on the 2011 election and there are some adjustments still to be addressed. Ms. Koch said staff felt it was most efficient to reappoint these members to finish up election procedures and not have to start from scratch. Councilman Torre asked if there is a formal process for board selection. John Worcester, city attorney, said there is not. Councilman Skadron requested (c) Resolution #45, 2011 — Contract Vehicles Purchase Police Department and (d) Resolution #46, 2011 — Contract ARC Concession be pulled from the consent calendar. Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman Johnson. The consent calendar is: • Resolution #44, 2011 Rio Grande Storm water Improvements Design Contract • Election Commission Appointments — Ward Hauenstein and Bob Leatherman • Minutes — April 11, June 27, 2011 All in favor, motion carried. RESOLUTION #45, 2011— Contract Vehicles Purchase Police Department Councilman Skadron asked if there is a definition of "due for replacement" on city vehicles. Jerry Nye, streets department, said it is generally 5 years or 60,000 miles. Nye said there is a time frame after which the trade in for vehicles becomes negligible. Councilman Skadron asked about the excess $27,000. Bill Linn, police department, said that money will be used to outfit the 3 Regular Meeting Aspen City Council July 11, 2011 police vehicles with needed law enforcement equipment; any money left over will be returned to the general fund. RESOLUTION #46, 2011— Contract ARC Concession Tim Anderson, recreation director, told Council the city went through the RFP process and received one proposal. Anderson said the city has reached out to vendors in the past and there has not been a lot of interest shown in this contract. Anderson said the most successful operations over the past 8 years have been owner /operators, which this is. Councilman Skadron said there was a comment about having DECA run this concession. Anderson said staff has contacted the school district and there has been no interest. Councilman Skadron asked about the suggestion of having nutritional food at the recreation center. Anderson said there are nutritional snacks but kids are generally not interested in those. Mayor Ireland moved to approve(c) Resolution #45, 2011 — Contract Vehicles Purchase Police Department and (d) Resolution #46, 2011 — Contract ARC Concession; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #19, SERIES OF 2011— Aspen Walk (404 Park Avenue) Final PUD Sara Adams, community development department, stated there was a site visit before this meeting attended by Councilmembers Johnson, Frisch, Torre and Mayor Ireland with the applicant and members of the public. Stan Clauson, representing the applicant, told Council that the Aspen Pitkin County Housing Authority Board approved the joint development agreement today. Clauson said they have come to resolution of the bankruptcy issues and prior ownership of the project. Clauson stated there will be a single set of guarantees for APCHA and the city. Clauson said a letter was provided to answer questions from first reading. Clauson reminded Council the first application of this project was October 2007 with a request for 51,000 square foot development accommodating all affordable housing on site for 1.56:1 floor area ratio. During P &Z meetings, this was reduced to 1.42:1 and approved with 46,725 square feet. In conceptual approval hearings, it was decided to split the bulk and massing into two separate structures and the development was reduced to 40,968 square feet with an FAR of 1.28:1. Clauson showed drawings of the project in 2008, a single structure with both free market and affordable housing. Clauson showed the plans of the separated building and affordable housing and free market buildings. Clauson said 2008, there has been an extension of the approval because of the need to work through ownership issues. In October 2010, a final PUD application was submitted with 17 deed restricted units and17.5 FTES to be provided for off site. The on -site units represent the 100% multi - family housing replacement and according to the land use code would require 14 units and 25 bedrooms and 9300 square feet. The off -site portion replaces existing affordable housing and an analysis of the full time residents currently occupying the existing affordable housing, which will be done 4 Regular Meeting Aspen City Council July 11, 2011 through affordable housing credits. Clauson said the total development is 40,914 square feet with revised architecture and improved affordable housing livability. Clauson said the housing board has recommended a mix of categories 3 and 4 and the off -site units should be category 2. Clauson said the Council's recommendation for two electric vehicles on site was deleted as staff and P &Z and did agree with this idea. Charging stations have been added for owners of electric vehicles. Clauson noted at P &Z there were comments from surrounding neighbors, concerns over light spill, building height, garage exhaust, landscape plan and setback issues. Clauson told Council they have tried to address these concerns in the revised plan. Clauson reviewed buildings in the area for neighborhood context noting most of these projects turn away from the street and do not directly address the street. Clauson showed elevations and site plan. Clauson said all garden level units, except one, were given patios. The garden level units are about 2.5 feet below grade which allows for a lower overall height of the project. Clauson showed the garage plan, the entry up Park Circle to under the building; this entry moves the mass of the building away from the Tailings condominiums providing more open space between the two buildings. There are 52 parking spaces in the garage. Every parking space has storage above it; there is also a secured bicycle storage room. Clauson pointed out that the project is below the 32' height limit except the at the garage entrance where the height is 41'10". Clauson said the design tries to mimic neighborhood character and use of materials. The landscape plan has been amended to add more screening between this project and the adjacent Midland Park project with a quiet architectural treatment facing Midland Park. The stairwell glazing is opaque to prevent light spill to Midland Park. Clauson told Council the applicants are committed to continue to improve the border and treatment between this project and Midland Park. Clauson said garage exhaust was a concern for Midland Park and that exhaust has been moved to the roof and will not provide noise or heat impacts to any neighbors. Clauson said the rooftop patio was a concern to P &Z; the applicants have included it as an amenity for the free market portion of the project, which pays for the affordable housing. Clauson said the roof top patio is away from the Midland Park open space, from Park Circle and is a relatively small area and should not have impacts to adjacent properties. The landscape plans shows a sidewalk alignment as requested by engineering; curb and gutter and street trees will be provided. Clauson noted the property line extends into the street and it will be possible to exchange some properties with the city to allow all the sidewalks to be on city property. Clauson reminded Council originally the units were category 2 and 4, which was revised as the request of the housing board. Category 3 and 4 units are typically 100 square feet larger than categories 1 and 2. Some units are smaller than required because of the change in categories. Housing guidelines allow a maximum reduction of 20% in the size of the units to be granted by the APCHA board, and they found these reductions consistent with their guidelines. Clauson showed floor plans of a typical studio, one - bedroom and a three - bedroom unit, which also illustrates the sill height in a garden level unit. The size of the windows makes the units bright and livable. Clauson showed the outdoor patio which includes fireplace and seating area. Only one elevator penetrates into the rooftop deck. There are a number of pedestrian entrances to the project. Clauson told Council they propose two separate homeowners association, each 5 Regular Meeting Aspen City Council July 11, 2011 responsible for their own buildings. Tom Salmon reported on the status of the bankruptcy hearing, there is a confirmation hearing on the reorganization plan July 27. Salmon said the applicants have satisfied the city's conditions on existing bankruptcy and once this land use process is approved, the confirmation will be approved. Council requested the city attorney's office draft a memorandum on the bankruptcy proceedings. Mayor Ireland said public comment will be taken at the next meeting. Councilman Torre said he has problems with the project and from the site visit he does not feel the proposed project is compatible with the neighborhood. The neighborhood is an organic place serving a lot of Aspen residents. Councilman Torre said this appears to be a massive building and is not representative of the surrounding buildings and the height may not be appropriate in this area. Councilman Torre said he does not favor reducing the size of the affordable housing units because the category level is being raised. Councilman Torre said he is disappointed at the 5' setbacks and the building taking up the entire lot which seems like it will change the character of the neighborhood. The corner is currently very open. Councilman Torre said he is concerned that the land use code may allow a project like this. Councilman Torre said design does not have a residential feel in an area that is residential. Councilman Frisch asked about livability of the affordable units and having balconies. Tom McCabe, housing department, told Council the housing board has tried to be sensitive to the concerns of the neighborhood and things can accumulate on balconies, especially on units that are tight on storage. Councilman Frisch said he feels the program is getting categories not based on demand but what works for a pro forma. Councilman Frisch asked if there is demand for these proposed units. McCabe said because of the location, there will be no trouble filling the units. McCabe said another draw is pets versus no pets, the efficiency of the units, views, proximity to transportation. McCabe said he feels this is an attainable project. Councilman Frisch asked about the two buildings being different in look rather than mirroring each other. Ms. Adams said this makes the buildings seem smaller. Clauson said in earlier designs, there were changes in materials creating vertical segments making it more diverse than this design. Clauson said staff requested redesign. Councilman Frisch asked what were P &Z's objections to the roof decks. Ms. Adams said there were two issues; it adds height to the building because of the elevator shaft to provide access, and concerns from the neighbors. Councilman Skadron said APCHA has data for demand of categories and mix. Councilman Frisch said his experience on the housing frontiers group indicates there is not a lot of data as this is more of an art than a science. McCabe said he could create data across the inventory but it may not be reflective project to project because of things like location, pets, and newness. Councilman Torre said the applicant's rationale for increasing the categories seemed to be related to homeowners' dues and the type of construction and this seems to be reverse engineering. Councilman Torre said it seems with the project, green space, community space, exterior entrances would all be lost. Mc Cabe said the housing board is confident that these units will sell. McCabe said if the mass and scale of this project is decreased more, there will not be as many affordable housing units. McCabe said there have been changes in response to Council's concerns. Councilman Torre concurred with Frisch's suggestion that the buildings be made more dissimilar. Councilman Skadron said he shares the concerns about the organic homegrown nature of the neighborhood 6 Regular Meeting Aspen City Council July 11, 2011 and adding a building that is more LoDo does not seem to fit. Councilman Skadron stated he does not favor a 5 year vesting period and that a 3 year commitment would be more in line with the city's goals of growth management, affordable housing stock and quality of life and project completion. Councilman Skadron asked on the affordable housing units, why recommend balconies rather than more interior space. Ms. Adams said more interior space will add mass to the building and staff has heard demands for balconies in affordable housing units, that would be a way to provide more space for those units; balconies also help break up the mass. Councilman Torre said this project is 100% on site mitigation which is driving some of the mass including the number of free market units. Councilman Torre asked about alleviating some of the density by partnering with off -site projects in town. Clauson noted that there is a requirement in the code for 100% multi - family replacement which is 14 units. The number of units could be lowered and the size increased but they cannot drop the number of bedrooms. Clauson said the architecture was more varied in the original proposal and staff requested more varied and lighter materials. Councilman Johnson said he feels 5 year vesting is more appropriate. Councilman Johnson said he has concerns about the garage, the two homeowners' association, and the livability in the affordable units. Councilman Johnson said he feels the storage is short by 50 %. Councilman Johnson said he would like to see balconies. Councilman Johnson said the size of the units is a concern. Councilman Johnson said he would like quality over quantity emphasized. Councilman Johnson said he appreciates the 53 space parking garage. Mayor Ireland said this project brings up whether the AACP is regulatory or advisory. Mayor Ireland noted this is a residential structure and Council has purview over mass and scale if the structure is incompatible with the neighborhood. Mayor Ireland said if the AACP is advisory, Council would not have the ability to determine that incompatibility. Mayor Ireland recommended Council establish community -based standards for compatibility in neighborhoods. Mayor Ireland agreed there are some areas where the zoning code allows too much development. Mayor Ireland noted category 1 and 2 units are being replaced with category 4 units, which require employees with a higher income. McCabe said at least 6 of the on -site units will be category 3. Mayor Ireland said he would like an accurate count of categories 3 and 4 for the next meeting. Mayor Ireland stated that category 1 and 2 units serve a segment of the population that is underserved. Mayor Ireland pointed out the last survey indicated half of the housing stock was category 4, which serves the top 10% of income earners in the community. The city does not have the resources or the desire to build unlimited affordable housing. The Council needs to decide how to allocate the units among the population and categories. Mayor Ireland said he would like to hear the objections to balconies. Mayor Ireland asked if the Lots are merged, how the separate homeowners are addressed. Mayor Ireland said ownership of units is an important as a stake in the community. Mayor Ireland said there is a letter from an adjacent property objecting to the roof top party deck and he requested more information on why the neighbors are opposed to this party deck. Councilman Skadron asked why Council is addressing a project where all the units are the ones the community already has the most of. McCabe pointed out one of the goals in the housing guidelines is for the government to address categories 1 and 2. McCabe said neither the city nor county have produced any category 1 or 2 units; the only 1 and 2 units have been the result of mitigation. 7 Regular Meeting Aspen City Council July 11, 2011 Councilman Skadron moved to continue Ordinance 1419, Series of 2011, to July 25; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #9, SERIES OF 2011— Boomerang PUD Amendment Jennifer Phelan, community development department, reminded Council this is an application for redevelopment of a property that was approved as a lodge to residential multi - family affordable housing. Ms. Phelan reminded Council their issues from the last public hearing were mass & scale, livability and unit size, greater sensitivity to the design. The applicant has made changes to the proposal including physical separation of the middle and west wing making it 3 wings; changes to circulation and entry; there is a 4 floor on the middle wing and the height varies from 32' to 41'. The current entitlement for this property does have a 4 floor. The original application requested 54 units and this iteration is for 42 units and of those 39 units meet the minimum guidelines for square footage and the remaining 3 meet the standards for reduction. There are 46 parking spaces. Ms. Phelan recommended shifting a portion of the 4 story of the middle wing further to the west. Ms. Phelan said this project meets the goal of developing affordable housing in the townsite and is being developed by the private sector. This area is served by transit and bikeways. Mike Hoffman, representing the applicant, told Council the applicants have worked since the last public hearing to create a project that addresses the concerns they heard while maintaining a financially viable project. Hoffman said their goal was to make the project look better, park better and live better. Objections at the last public hearing were that this building was a 200' monolith; buildings in the neighborhood are of varying heights and separated by varying distances. Hoffman said the current proposal is more consistent with the neighborhood; the project has been broken into 3 separate buildings connected by walkways; some elements are taller; distances between the buildings vary and the roof heights vary between 2, 3, and 4- stories. The number of units has been reduced from 45 to 42, which also addresses the parking issue. The parking ratio is now 1.1:1. Hoffman noted the applicants are willing to make 3 or 4 units deed restricted car free with the city or APCHA enforcing the covenant. Hoffman said the livability has been upgraded by increasing the size of the units and all but 3 meet APCHA's guidelines for minimum size. These 3 units are located in the historic west wing where there are limits on flexibility. The decks and storage area makes the units more livable. An important attribute of the project is the location, near transit and bikeways and within walking distance to the core. Hoffman reminded Council their parking consultant found this neighborhood has ample unused parking capacity even if the Jewish Community Center is built. Hoffman said the discussion at the public hearing will focus on building heights and density. Hoffman noted this parcel is 27,000 square feet and can accommodate 42 units. The proposed density is less than the approved condominiumized lodge and 'the parking impacts are less than the proposed lodge. Hoffman pointed out the increased height is in response to the criticism that a more varied roofscape would be helpful and that the building be broken up into separate buildings. The existing approval for the lodge includes 4 stories on the central part of the building. Rich, architect, noted the 3 separate structures are the existing Boomerang, a middle section and one at 8 Regular Meeting Aspen City Council July 11, 2011 the west end. Rich said the landscaping remains the same; some new entrances have been added. Rich showed the circulation around the buildings; one elevator has been added. The historic portion design is the same. Rich showed the catwalks between the buildings which have been added for a second egress. Rich said the size of the units has been increased so that livability has been increased and the unit size meets the APCHA guidelines except for the 3 units in the historic wing. Rich noted the added 4 story is in the same location as that approved for the condominiumized lodge. Rich showed renderings of trees, landscaping, the 3 buildings, entrances, elevation from 5 street, the alley elevation, and the revised West Hopkins elevation. Rich reiterated this is a good location for affordable housing because of transit and proximity to town. Councilman Johnson asked for more information on the car free units. Hoffman said at the last meeting one suggestion to reduce the parking impact on the neighborhood was to make some of the units deed restricted to car free. The applicants are willing to implement that and to create a mechanism for enforcement. Chris Bendon, community development department, said his concern is that this would be treaing people differently in the same neighborhoods. Mayor Ireland said it is worthwhile to see if there are people who want to forsake their automobile. The city has car to go program, RFTA, bike paths and he is willing to try this experiment. Councilman Skadron asked how many units are located on the 4 story. Hoffman said there are 5. Hoffman reminded Council this project started at 54 units, the same as the lodge project; this proposal is 42 units, which is a 22% reduction. Councilman Skadron asked about the community character issue. Hoffman said they have tried to address community character with this redesign. Councilman Skadron said he supports the idea of this project and is sensitive to those most impacted by the project and would like to know that the applicants have gone as far as they can. Councilman Torre asked why there are no free market units to help support the project financially. Hoffman said it would change the character of the application; this has always been a certificate affordable housing credit application. Hoffman said an application with free market would be totally different. Charles Cunniffee, architect, noted that free market components require larger units, which drives the FAR bigger to make it economically viable. Councilman Frisch said he likes the concept of 3 separate buildings; however, these do not look totally separated. Rich said the issue is the amount of staircases needed for egress, adding staircases would make the buildings bigger as each building requires two sets of stairs. Councilman Frisch asked if the affordable credits sell for less than expected. Steve Stunda, applicant, said it would be his detriment. One can only qualify for the credits once the project is built and a certificate of occupancy is obtained. This project will be built all at once. Mayor Ireland said he agrees with staff's suggestion that the 4 story be shifted. Mayor Ireland said he feels car free units make a statement about where this community is going. Mayor Ireland asked if the parking in the neighborhood is adequate and can the city enforce the car free stipulations. Tim Ware, parking department, said the car free would be difficult to enforce; however, he would like to put more thought into how that could be done. One thing would be to not allow these owners apply for residential permits. Ware said the neighborhood can handle the proposed number of cars. Ware said typically the city takes the head -in parking back when there is a development. 9 Regular Meeting Aspen City Council July 11, 2011 Mayor Ireland opened the public hearing. Martin Mata showed the neighborhood's proposed solution that would be compatible with the neighborhood. Mata noted the revised application did not address the FAR, which remains at 40,500 or 1.5:1 FAR and makes the project 80 to 90% bigger than anything in the neighborhood. His proposal is acceptable within the development proposals and compatible with the neighborhood. Councilman Skadron said the applicants could build a lodge that has greater density. Mata said a hotel is a different use from an apartment building and is a change in the zoning. Ms. Phelan said Council can look at this as no matter what is inside a building, is the mass and scale appropriate. The original redevelopment of the lodge approved in 2006 was a 1.66:1 FAR which was deemed OK for the neighborhood. Mata said FAR is one metric to gauge a project. Mata said he is trying to answer the question Council asked of how do they know what is too big or big enough. Mata suggested building something slightly bigger than what exists in the neighborhood. Mata presented a solution with 32 units, mix of 1 and 2 bedrooms broken into 3 buildings with walkways and pathways, open space through the buildings. The parking garage is the same with a stair tower elevator. This plan yields 1.5 parking spaces /unit on site with 8 spaces on the alley. Mata showed renderings of the building from the alley, some covered parking spaces. Mata told Council the average building in the neighborhood is about 8 units; the applicant's proposal is 14 units/building. Mata said their proposal is 30,000 square feet and the applicant's proposal is 40,000 and does not honor the small town character of Aspen. Ron Erickson, APCHA board and neighbor, said the revised building plan puts the largest structures in the center of the buildings. Erickson said if employee housing is not built at maximum density, housing is being lost. Erickson said as a neighbor, he does not find parking to be a problem. Erickson said goals are to have public /private partnership and here is a project put forth by the private sector. The housing credit program requires that the housing be completed before they get any credits. Dick Carter, Christiana, said the concern about Boomerang is that it is out of scale with the neighborhood. Carter said adding another story to this project adds to the mass. Carter said there are no flat roofs at Christiana; there are spaces between every building, which makes a difference in how it feels in the neighborhood. Carter noted that prices down valley are allowing employees to move into free market houses there. Carter said in the winter, there is no parking on one side of Hopkins as it is piled up with snow. Andrew Kole noted last month, categories 3 and 4 units were split evenly in the project; now it is 39 category 4 and 3 category 3. Kole asked why this change. Kole asked how many category 4 units the community can absorb; category 4 is not the community's greatest need. Paul Young, 413 West Hopkins, said parking is a big issue. Young said the USPS regulations do not to allow parking in front of the mailboxes. Adhering to that regulation would delete parking spaces in the neighborhood. Young suggested the applicants provide ample street area for snow storage and provide 1.5 to 2 off - street parking spaces /unit. John Slotkin said this is an opportunity to have a place for people to live in the community, to walk to town and spend money in restaurants and bars. Slotkin told Council the applicant cares about the community. Slotkin suggested the city kick in the $10 /month to the car to go program. Slotkin said the Boomerang deserves to be approved. Cheryl Goldenberg presented an article 10 Regular Meeting Aspen City Council July 11, 2011 from the August 29, 2001 Aspen Times about the Christiana parking spaces on the public right - of -way on alli street and that City Attorney John Worcester advised Council that was a public right -of -way and ought to be used by the public. Ms. Goldenberg noted the Jewish Center was denied head -in parking. Ms. Goldenberg said it does not seem fair that the Boomerang has private parking on city streets, which is a public right -of -way. Darrel Shaw, Christiana, said the original Boomerang lodge approval was a special exemption in a residential neighborhood. This is a residential development. The Christiana is on 27,000 square foot lot with 28 units; the Boomerang is on a 27,000 square foot lot requesting 42 units. The Christiana has 24,000 square feet of livable space; the Boomerang has 33,000 square feet. The Christiana has 7 buildings in varying heights of no more than 2 stories and the Boomerang has 2 buildings and 4 stories with a 41' height. Shaw said this does not seem compatible with the neighborhood. Laura Werlin, Christiana, said a concern to her is the impact of this project on the West Hopkins pedestrian bikeway. Ms. Werlin said this project does not fit physically in the neighborhood and does not fit in Aspen. Ms. Werlin said it is difficult to be against affordable housing but the project has to be done with integrity rather than cramming people into a small space. Steve Goldenberg said a residential use is different from a hotel use. Residential uses are occupied 24 hours /day, 52 weeks /year and lodges are only full several times a year. Goldenberg said this does not fit in the neighborhood. Goldenberg pointed out the density for Boomerang is 640 feet and the Little Ajax has 1900 feet/unit and the Boomerang has 3 times as much density. Goldenberg said other projects in the neighborhood have 2 parking spaces /unit and the Boomerang does not. Daniel Verner, 432 West Hopkins, said at the last public hearing, Council stated the Boomerang needs to be compatible with the neighborhood; they should consider that compatibility before making their decision. Merle Verner agreed with what has been said. Scott Stewart, 400 West Hopkins, said the neighborhood will be dealing with the impacts of this project for a long time. Tammie Stewart, 400 West Hopkins, said this neighborhood represents small town character, largely because of the pedestrian walkway which is used by recreational bikers and walkers. Ms. Stewart said safety of the bikeway will be lost with this project. John Statten, 431 West Hopkins, noted this project is designed for living rather than staying, like a lodge. Statten said people in units is a result of mass and size and there will be 79 employees housed in this project. Statten said of the other employee projects in the neighborhood, Bavarian Inn built in 2004 has 4 buildings and 19 units; 7 and Main has 3 buildings, 12 units; West Hopkins 3 buildings 11 units; Little Ajax 4 buildings 14 units; 521 -523 West Hopkins 1 building 2 units; 4 and Main 2 buildings 11 units; Ajax apartments 1 building 8 units. These are the projects to which the Boomerang should be compared. Statten reminded Council the city put up over 80% of the money for the Little Ajax project in order to choose how big and how many buildings it should be. Jeff Kuhlman said he likes the Boomerang site for affordable housing and that this site would afford occupants the chance not to use their cars. Paul Taddune urged Council to listen to the comments of the neighborhood toward the result of a better project. Taddune noted it has been said there are no costs to the city for this project; however, there is a price to pay in the increased zoning, the varied setbacks, increased parking and increased building heights. Taddune said the price being paid is by the residents in this neighborhood, not other developments around the city. 11 Regular Meeting Aspen City Council July 11, 2011 Jody Edwards, representing the neighborhood, submitted the AACP and the land use code for the record. Edwards stated this should be remanded back to P &Z for reconsideration of the affordable housing certificate issue. Edwards said this is a materially different plan than that reviewed by P &Z and the code gives jurisdiction to P &Z for approval of certificates. P &Z needs to look at the different number of units; different square footages, new number of residents and the new number of certificates that will be issued. Edwards said this plan is better than the one Council reviewed last month but it is not compatible with the neighborhood either in character or the numbers. Edwards said the issues are density, mass and scale, and off street parking. Edwards stated there is nothing in this neighborhood that is compatible with the proposed density. Edwards said the critical part of this is upzoning from R -6, the lowest density residential zone district, to RMF, the highest density residential district. There is no other RMF zoning in this area. The applicant proposes to maximize building on site and to provide less than one parking space /unit. Edwards said upzoning property is a bad precedent. Edwards noted the AACP emphasizes the importance of affordable housing; however, the AACP provides that affordable housing needs to be compatible with the neighborhood even if that means production of fewer units. Edwards said the financial situation of the current owner of the property is not a reason to give up the concept of a lodge or to allow upzoning. Mayor Ireland closed the public hearing. Councilman Johnson asked if adding the 4th story resulted in a larger building. Hoffman said the floor area remains the same at 1.5:1 or 40,500 square feet of floor area. Councilman Johnson asked the proposed category mix. Hoffman said there are 3 category 3 and 39 category 4. Hoffman noted Council requested the applicant make these units more livable; the size was increased which qualifies the units for a higher category. Councilman Frisch said he would like to see a Boomerang project work in a size and configuration that is more compatible with the neighborhood. Councilman Frisch said the economics of a project at 1900 /unit are gone without subsidies from the community. Councilman Frisch said this is the right location for affordable housing and he does hear concerns from the neighborhood. Councilman Torre said he has issues with the change in number of category 4 units. Councilman Torre stated he believes there is possible reduction in the number of units. Councilman Torre said he would like to see some free market units to carry some of the weight of the project. Councilman Torre said he would like to approve the project but needs to see some changes. Mayor Ireland reviewed the original proposed lodge of 45,000 square feet and the applicants have agreed to create 3 or 4 car free units and 39 of the units meet the affordable housing guideline size minimums. Tim Ware, parking department, told Council this area can handle the increased parking. Mayor Ireland said he prefers affordable housing over lodge because that brings permanent residents to the neighborhood. Mayor Ireland said staff needs to look at the snow plowing and parking on Hopkins and that the street remains safe for pedestrians and bicyclist. Mayor Ireland stated he does not want 92% of this project to be category 4. Mayor Ireland said the city needs a parking plan that addresses the head -in parking. Mayor Ireland said he would like to know that the big trees are going to stay. Mayor Ireland said 12 Regular Meeting Aspen City Council July 11, 2011 communities are built around the people living in them. Mayor Ireland noted the issue was raised whether lodging is less impactful than affordable housing. Mayor Ireland said there are a clash of values, which has been legitimately raised. Mayor Ireland agreed this is not the same size as the existing scale of the neighborhood; however, this proposal is smaller than the lodge. Mayor Ireland said he would like to see if the applicant would eliminate more units. Councilman Skadron said he would like to see fewer units also. Stunda said he would be willing to relocate the 4 floor units within the project. Stunda reiterated the original Boomerang was larger than 30,000 square feet. Stunda said he would be able to go to 40 units and he does not have an issue with more category 3 units. Bendon suggested that the commons room in the historic wing may be turned into a unit. Mayor Ireland noted the neighbors proposed a 30,000 square foot building and the approved lodge was 45,000 square feet and a compromise might be about half of that with car free units to reduce parking impact and eliminate the 4 floor, retaining the gap between buildings. Council suggested a recess so the applicant's team can respond to suggestions. RESOLUTION #47, SERIES OF 2011— 605 S. Aspen Alps Road Extension of Vested Rights Chris Bendon, community development department, told Council this request involves a single family house approved in 2008. The current owner purchased the property last month, two weeks before the vested rights were going to expire and had no ability to respond to that expiration. The applicants have requested a three -year extension of vested rights. There have been no changes to the land use code that would affect the approval. Bendon presented a summary of the vested rights extensions granted by Council; staff supports the 3 year extension. Bendon presented the public notice affidavits. Mayor Ireland said he feels 3 years is too long and Council should be careful about extending vested rights. Mayor Ireland recommended 2 years as sufficient; Councilman Johnson agreed. Alan Richman, representing the applicant, said they would agree with two year extension. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to approve Resolution #47, Series of 2011, amending it to a 2 year extension; seconded by Councilman Johnson. All in favor with the exception of Councilman Torre, motion carried. RESOLUTION #48, SERIES OF 2011— Aspen Art Museum Request to Pay Cash -in -Lieu Chris Bendon, community development department, reminded Council the approvals for the Aspen Art Museum laid out the requirements for the project to mitigate for additional employees estimated at 5.95 employees. Bendon noted the Aspen Art Museum could meet those obligations by purchasing existing residential units within the urban growth boundary; partnering with the city in purchasing at Burlingame Phase II; purchasing employee housing credits or cash -in -lieu with Council approval. 13 Regular Meeting Aspen City Council July 11, 2011 Mayor Ireland stated he does not favor cash -in -lieu except for small fractions. Council has waived the employee housing requirement for the art museum as an essential public facility. Heidi Zuckerman Jacobson, art museum, told Council said the request for cash -in -lieu is for 1.2 of the 5.95 required; a studio is 1.25 of FTEs and their remaining obligation is less than that. Ms. Zuckerman Jacobson said the art museum has met with the city on Burlingame; however, the time does not work for the museum as this requirement needs to be met in the next month. Mayor Ireland suggested the art museum could make the agreement to be a future participant in Burlingame or a credit project. Mayor Ireland said he would rather see an agreement for an actual unit than just taking cash -in -lieu. Councilman Torre thanked the art museum for activating the space at Hyman and Spring. Councilman Torre said he would still like input into the design of the art museum. Ms. Zuckerman Jacobson said the design process is at 100% schematic and the likelihood of any changes to the design is minimal. Ms. Zuckerman Jacobson noted some suggestions have been incorporated; the bookstore has been moved downstairs, one can access any level without going to the top first. Ms. Zuckerman Jacobson told Council the art museum has a 3- bedroom and a 1- bedroom free market unit under contract to house their employees. Ms. Zuckerman Jacobson said on credit projects, buying the unit and then paying the credit was not sustainable for the art museum. Councilman Frisch noted he was on the Board of Trustees on the Art Museum for 6 years but did not deal with this aspect. Bendon suggested the art museum post a bond or pay in escrow for a down payment on a city - owned employee unit. Ms. Zuckerman Jacobson suggested a caveat if there is no city project completed when the certificate of occupancy was required, cash -in -lieu would be accepted or this agreement would be extended. Council agreed to consider this agreement on the consent calendar July 25` SI JOHNSON DITCH AGREEMENT Dave Hornbacher, water department, told Council the Si Johnson ditch is an existing ditch for which the city has senior water rights; it provides irrigation to areas in the west side of town including the music tent and the Aspen institute. Hornbacher noted segments of the ditch go along steep slopes and existing scree field. The city has had to make repairs to the ditch recently and has further repairs to complete. Hornbacher reminded Council construction of a new home in this area encroached on the access and the city was left with a footpath access, precluding equipment from being able to reach the ditch. Hornbacher reported that in 2009, the property owners granted the city a road easement allowing the city to cross the property for major repairs. Hornbacher said this proposal is to create an access road on the easement. Hornbacher told Council the city presented an extent and location review to the county P &Z to determine compliance with the AACP. The county P &Z denied the application stated the proposed road was inconsistent with the AAC P. Hornbacher noted to address the county P &Z's concerns, the landscaping was redefined to create a more natural look and to improve the conditions with slope stabilization and efforts to reduce the rock hazard. 14 Regular Meeting Aspen City Council July 11, 2011 Mayor Ireland moved to approve the resolution for the Si Johnson ditch agreement; seconded by Councilman Skadron Jody Edwards pointed out his client's property and said this road is right above the house; this is a dangerous place to be cutting a road. There are other solutions like going through Wachs' property. Edwards said Council should deny this as it will be a visible scar, it is a dangerous site and an inappropriate location for a new road. Cindy Covell, city's water counsel, reminded Council Edwards' client's house encroached on the city's historic easement for access to the ditch. Litigation was resolved with a footpath on the Quasha property for ordinary repair and operation of the ditch and no motorized equipment can be taken on that footpath. Ms. Covell noted major repairs will necessitate motorized vehicles. Ms. Covell said the Three Trees property owners have agreed to give the city an easement on their property and to build the road on behalf of the city while they are doing construction to give the city access for major repairs. Ms. Covell noted Wachs has allowed the city occasional access and has made clear he does not wish to provide a permanent easement. Ms. Covell noted the city's position is that this does comply with the AACP. Mayor Ireland said he would like an independent certification by the city engineering staff that this is safe and will not create a hazard. Ms. Covell said the Three Trees owners have a water service agreement with the city; the 1990 water service agreement was for a smaller home and in order to get the city to provide greater water service, they granted this easement. The water service agreement is in place as is the easement. This requests the approval to go forward with construction. Ms. Covell said this irrigation ditch pre -dates the houses in this area. Mayor Ireland amended his motion to include a stipulation this be inspected by the city engineer to ascertain that it's safe and Mr. Edwards' clients are not in danger by this construction; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #9, SERIES OF 2011— Boomerang Final PUD Amendment Mike Hoffman, representing the applicant, proposed an amended application for approval at this meeting with an amended ordinance to be adopted at the next Council meeting; to remove the 4 floor; reduce the total number of units to 40; there will be 13 category 3 and 27 category 4 units; request the right to pre -sell the units to local employers to facilitate financing for the application; and to provide 5 car free units. Mayor Ireland stated any employer -owned units will have to be subject to deed restriction that protects both the renter and owner of the unit. Steve Barwick, city manager, suggested staff work with the APCHA board on that agreement. Charles Cunniffee, architect, reviewed the changes on drawings noting the 4 floor is gone; the commons room will be changed into a 1 bedroom unit, and where the two units will go into the gaps between the building. This is a reduction of 3.5 FTEs. Jody Edwards, representing the neighbors, told Council they would like to see 32 units, 3 buildings, an FAR of 1.12:1 , the parking of 1.5 /unit and 30,000 square feet and the applicant get as many certificates as they would get under their proposal. John Worcester, city attorney, noted Council would have to amend the code to allow the Council discretion to raise the FTEs; they are currently set at specific numbers. 15 Regular Meeting Aspen City Council July 11, 2011 Mayor Ireland said he would like to see the categories divided evenly. Stunda accepted that condition. Bendon noted the amendments are in accordance with P &Z's recommendation and Council's earlier critique. Bendon said there are 34 spaces on site and 12 on the city's right -of- way for a total of 46, regardless of 12 being on the right -of -way this constitutes 46 parking spaces for this project. Bendon stated staff finds the rezoning meets the criteria in the land use code and those findings were made available to Council at the last meeting; these findings are not in response to the financial condition of the applicant. Mayor Ireland moved approval of the proposal modifiedapplication that the category units 3 and 4 are equal in number; that there are 5 car free units; the ability to pre -sell units pursuant to a deed restriction developed and approved by Council that is adequate to protect the employer and employee from abuse of that opportunity; the 4 floor is gone; there are archways between the buildings with some way of getting sunlight, adopting the ordinance subject to review by community development department. Paul Young asked if the public will see the amended ordinance and the renderings before approval. Mayor Ireland agreed the public should be able to see these. Councilmembers Johnson, Frisch, Skadron and Mayor Ireland agreed they will approve the ordinance if it is the form as discussed above. Councilman Torre asked for a square footage. Cunniffee said it will be about 38,400 square feet. Councilman Torre stated he is not inclined to support this. Hoffman asked if the focus at the next meeting will be the amendments made to the ordinance. Mayor Ireland stated that will be the focus. Councilman Johnson moved to continue Ordinance #9, Series of 2011, to July 25` seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to go into executive session at 11:35 PM pursuant to C.R.S. 24-6 - 402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; seconded by Councilman Johnson. All in favor, motion carried. Councilman Johnson moved to come out of executive session at 12:07 AM; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to adjourn at 12:07 AM; seconded by Mayor Ireland. All in favor, motion carried. ' st n Koch City clerk 16