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HomeMy WebLinkAboutminutes.council.20120723 Regular Meeting Aspen City Council July 23,2012 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 ❑ Resolution#65, 2012—City/County Community Development IGA 4 ❑ Resolution#66, 2012—Contract Employee Generation Study 4 ❑ Resolution#67, 2012—Revised Contract Colorado River Water Conservation 4 ORDNANCE #17, SERIES OF 2012—AspenModern Negotiation—Aspen Athletic Club 4 ORDINANCE #20, SERIES OF 2012— 831/833 W. Bleeker Subdivision 4 ORDINANCE #18, SERIES OF 2012—South Aspen Street PUD 7 RESOLUTION #68, SERIES OF 2012— S. Aspen Street Extension of Vested Rights 7 601 E. HYMAN—P&Z APPROVAL CONCEPTUAL COMMERICAL DESIGN 7 602 E. HYMAN—P&Z APPROVAL CONCEPTUAL COMMERICAL DESIGN 8 534 E. COOPER(BOOGIES) HPC APPROVAL CONECPTUAL COMMERICAL DESIGN8 - - - - - - - - - - - - - - - - 1 Regular Meeting Aspen City Council July 23, 2012 Mayor Ireland called the meeting to order at 5:04 PM with Councilmembers Skadron, Torre and Frisch present. CITIZEN PARTICIPATION 1. Heather Miller, representing Court Appointed Special Advocates CASA, told Council this is a volunteer organization of advocates for victims of child abuse and neglect. There were 763,000 reported cases of abuse or neglect and CASA volunteers served 240,000. Ms. Miller told Council there is a new chapter, CASA of the 9th. There will be a training class for volunteers this fall; people can also contribute financially. The website is CASA of the Ninth.org. 2. Kristen Sabel said she is concerned about an employee unit at Aspen Highlands. The owners have broken the building code and PUD requirements. The building department has taken pictures and issued a red tag. Jim True, city attorney, said staff has been working on this trying to figure out what has been done, what the status is and will continue to work on it and report back to Council. 3. Kathy Chamberlin told Council she met with Brian Flynn and Stephen Ellsperman at Cozy Point; it was very informative and they both listened and were very gentlemanly. Steve Aitkin, golf course, followed up on the golf course building, which does have hot water but it is the sensors to get the hot water to the sinks from the heaters. Ms. Chamberlin reported that PGA rules dictate how interns can be hired at the golf course. Ms. Chamberlin told Council she is concerned that water is going through manure piles at Cozy Point, getting into Brush Creek and then getting into the Roaring Fork river. Council said they will have staff look into this and test the water and report back. 4. Karinjo DeVore told Council she represents Aspen International Mountain Foundation, a non-profit supporting sustainable mountain development. Ms. DeVore attended a conference as a delegate representing AIMF and Aspen and Basalt. Aspen was the first US entity to be inducted into the foundation. There is interest in creating a North American hub; Aspen is being treated as the de facto hub. The theme of the conference was "the future we want". Councilman Torre suggested other municipalities in the valley be encouraged to join. COUNCILMEMBER COMMENTS 1. Councilman Skadron said his heart goes out to the victims and families of the shooting in Aurora. 2. Councilman Skadron commented on Twitter messages about Aspen. 3. Councilman Torre said he has also reflected on what has happened in Aurora. 4. Councilman Tone noted tomorrow is Time Travel Tuesdays put on by the Aspen Historical Society, and it is a movie at the Limelight, Devil's Doorway, which was filmed in 2 Regular Meeting Aspen City Council July 23,2012 Aspen. Councilman Torre said the Historical Society will be starting a new membership drive at the end of summer. 5. Councilman Frisch said he was at Margy's hut this weekend and it is amazing what is available in the back country. Councilman Frisch said there are different and varying fire bans in effect around the county. 6. Councilman Frisch congratulated Ted Mann on finishing 5th in the hard Rock 100. 7. Councilman Frisch reported he has received calls about traffic in the west end, especially people speeding down Third street. Councilman Frisch questioned the speed limit on Third street, which is the same as that on Main street. 8. Mayor Ireland joined in with other Council in solidarity for the victims and families in Aurora. 9. Mayor Ireland noted Wednesday is trails day on the Government trail by the Aspen Cycling Club who does work around the county to preserve trails used by cyclists and hikers. 10. Mayor Ireland said Ride for the Cure is August 18th and the entry fee is $100. Mayor Ireland noted the local Komen Chapter remains an important source of funding for people who need cancer screening or support during cancer treatment. 11. Mayor Ireland congratulated TJ VanGerden who was 5th in the Tour de France and who is coming to Aspen for the pro cycling challenge. 12. Randy Ready, assistant city manager, reminded Council there is a work session tomorrow at 4 PM at 517 E. Hopkins with capital asset, engineering and storm water departments. 13. Councilman Skadron circulated some pictures from the kick off of the BRT project when Ray LaHood, secretary of transportation, was in Carbondale. LaHood said the project is the model of cooperation and for putting the first rural BRT into place. This is a compliment to the valley wide community, elected officials and RFTA. Councilman Skadron reported RFTA received a clean audit and the auditors noted they were impressed by the accuracy of the inventory. 14. Councilman Frisch told Council tomorrow night the Red Brick Center for the Arts is honoring Rita Blitt in a fund raising dinner. CONSENT CALENDAR Mayor Ireland moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: 3 Regular Meeting Aspen City Council July 23, 2012 • Resolution#65, 2012 —City/County Community Development IGA • Resolution#66, 2012—Contract Employee Generation Study • Resolution#67, 2012—Revised Contract Colorado River Water Conservation Jim True, city attorney, told Council staff is working with the county on some of the wording in the agreement and suggested that approval by the community development department director, city manager or city attorney be added to the resolution. Mayor Ireland moved to approve Resolution#65, Series of 2012, as amended to include a provision that the agreement is subject to final approval by community development department, the city manager and the city attorney; seconded by Councilman Torre. Mayor Ireland said the amendments have to do with the liability of employees working for the other jurisdiction. All in favor, motion carried. All in favor, motion carried. ORDINANCE #17, SERIES OF 2012 —AspenModern Negotiation—Aspen Athletic Club Chris Bendon, community development department, reminded Council continued this from their last meeting to allow staff to amend the ordinance. The request is for historic designation of the Aspen Athletic Club building in exchange for some land use benefits. Council requested amendments to the ordinance and these are listed in the staff memorandum. Council discussion at the last hearing did not specify a category for the housing; staff is recommending category 2 as the majority of the housing credits are category 2. Bendon noted this is a negotiation so Council has latitude in the required categories. Mayor Ireland moved to adopt Ordinance #17, Series of 2012, on second reading as amended; seconded by Councilman Tone. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Tone, yes; Frisch, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #20, SERIES OF 2012— 831/833 W. Bleeker Subdivision Jennifer Phelan, community development department, entered into the record a letter from Warren Klug, and public notice provided for the hearing. Ms. Phelan told Council this is a 9,000 square foot lot on the corner of West Bleeker and 8th street and has an existing duplex and is zoned residential multi family. This proposal is to develop an affordable housing unit on site creating a triplex, which is a permitted use in the RMF zone. Ms. Phelan pointed out Council is reviewing this under the subdivision review standards. The project has had land use reviews and final approvals from P&Z; growth management review and approval of the affordable housing 4 Regular Meeting - - - -Aspen City Council - - - July 23,2012 -- unit at category 1 or 2; allowance for affordable housing credits; dimensional variance as one of the existing units is over the 2,000 square foot cap; residential design standards variances were granted including a garage to access off the streets rather than the alley. The applicant proposes to redevelop and expand on the lot, which will include two existing free market units and a new affordable unit. The property will meet the underlying zone district standards for RMF other than the cap on size of one of the free market units. Ms. Phelan said the parks department expressed concern about the trees along Bleeker street. The applicant worked with the parks department and will develop special foundation techniques to provide additional tree protection; this is included as an exhibit to the ordinance. Ms. Phelan said this application meets the city subdivision review criteria and recommends approval. Councilman Frisch noted most of the public comment is about the garage placement and that is not Council's purview. Ms. Phelan told Council the city engineer has already granted the additional curb cut for the garage. Jim True, city attorney, stated P&Z has purview over the garage location and curb cut and Council is reviewing subdivision. Ms. Phelan told Council there was a discussion at P&Z on the category of the affordable housing unit, based on the size of the unit of 400 square feet, which is a category 1 or 2 based on the APCHA guidelines. The applicant has agreed to that category. Ms. Phelan said this is a rental unit, it has to be category 1 or 2, the applicant may pick the tenant but if it is not rented for 45 days in a row, APCHA can put someone in the units. Mayor Ireland asked how the city knows if the unit is rented or not. Ms. Phelan said a copy of the lease is submitted to APCHA. Herb Klein, applicant, pointed out the APCHA guidelines require a two year re-qualification and he agreed to an annual re-qualification as he intends to have it rented to someone who complies with the APCHA guidelines. Klein showed Main street, Bleeker street, the alley and where Bleeker bends into 8th street; there is no through traffic, the West Bleeker townhouses and the Villas. Klein told Council he built the duplex in 1987 in the RMF zone. Klein noted there are multi-family units around their property. Klein said the existing unit backs up on an alley. The proposal is to add the affordable unit and expand one of the existing units. The new area will front on Bleeker street. Klein pointed out the curb cut on 8th street approved in 1987. Klein said the unit to be expanded and the affordable housing unit will not be serviced by the alley and will not have vehicle alley access. There are mature trees that make alley access difficult. Klein showed a photograph of kids playing in that alley. This is not a through street. Mayor Ireland suggested staff look at the parking to make sure it is safe. Council cannot deny the subdivision on the grounds they do not like the parking or the garage entry; that is a P&Z function. Mayor Ireland opened the public hearing. Neil Siegel noted the application for subdivision does not meet two of the criteria set forth in the land use code. It fails in section 26.410.040(a)(2) because the proposed subdivision must be consistent with the character of the existing land uses in the area and it is not. Siegel said this also fails under(b)(1) because it creates a condition that is harmful to the safety of the residents of the proposed subdivision. This proposal would add danger to the residents because people would back out. Siegel pointed out when the Bavarian development was being discussed in 1999, Klein opposed it stating 8th street was narrow and unsafe and that there is no through traffic and that the neighborhood could not absorb the additional traffic. Siegel noted there are pictures of that intersection for Council's edification showing no sight lines for traffic coming 5 Regular Meeting Aspen City Council July 23, 2012 around Bleeker street. Siegel pointed out the applicant has moved his curb cut to the south to align it with the driveway access, which does not make engineering sense. Ms. Phelan reminded Council the city engineer approved the curb cut. Jim True, city attorney, noted Council has the authority under 26.410.040 to review the subdivision to determine whether it meets the criteria in the land use code; moving the curb cut and garage location is not within Council's authority. Mayor Ireland noted this neighborhood is almost entirely multi-family, the Villas, the Bavarian, the 8th street condominiums and this proposal seems to be consistent with that pattern. Mayor Ireland suggested Council direct engineering to see if there is a safety hazard and if there is one, to propose steps to remedy that. Siegel said the safety issue should be clarified as this is an on- going problem. Barb Pitchford, Villas, said this is a narrow area and the kids play in the stream and everywhere in that area. This area is fraught with dangers with cars backing out of the garages. Peter Fornell said when Council reviews a subdivision, they should review whether it is a public benefit or a detriment to the community. Fornell said this is not a good application for the community; any affordable housing unit should be part of the lottery system and managed by APCHA. Fornell said this type of housing is an easily violated type of housing within the community. Fornell said this type of housing does not add anything to the housing inventory. Councilman Frisch said it is not fair to blame the applicant for following the rules; what the applicant has applied for is within the existing codes. Councilman Frisch said the renters of this unit will be qualified by the APCHA staff. Ms. Phelan said the city engineer reviewed this and felt there was not enough traffic in the neighborhood. Mayor Ireland said Council should direct staff to look at this and to report back. Bill Shaffer, West Bleeker Place, agreed there is a lot of congestion on these streets, people going to the bus stops, delivery trucks and it does not make sense to move the driveway. Klein told Council in 1987 this was approved for two curb cuts, one on Bleeker, one on 8th. This application will allow cars that can go on the 8th street parking to drive into a garage. The garage is setback off the property line. Mayor Ireland closed the public hearing. Klein told Council at the time of the Bavarian proposal, the neighborhood was concerned with the density of the project, 32 units and 62 bedrooms. The neighbors opposed it and got the unit countdown to as many units as the parking could be contained on site. The density was cut almost in half. This proposal is to add one person to the site. Mayor Ireland said the city needs an examination of the traffic in order to take any steps to make the area safe. Mayor Ireland suggested a condition be added that the engineering do the appropriate studies and sign off that the conditions are safe. Councilman Tone stated he does not feel this fits in with the character of the existing uses in the area. Councilman Tone said the program is being used to benefit the landowner and the trade off for the community is a 400 square foot unit. The additional density does not flow to the benefit of the community. Councilman Skadron said he cannot find that the criteria are not satisfied. Councilman Skadron said he would support approval with the condition. 6 Regular Meeting Aspen City Council July 23,2012 Mayor Ireland moved to adopt Ordinance #20, Series of 2012, on second reading, amended to require the engineering department to make a determination as to the safety and execute any studies necessary as a foundation for that determination within 45 days; seconded by Councilman Frisch. Roll call vote; Skadron, yes; Frisch, yes; Torre, no; Mayor Ireland, yes. Motion carried. ORDINANCE #18, SERIES OF 2012— South Aspen Street PUD Chris Bendon, community development department, said this and the next items are related public hearings; one on the new townhome design request and one on extending the vested rights for the original townhomes, which would be a rolling two year extension as long as the applicant is pursuing a lodge application. Bendon asked Council to recognize the townhouse II project as suspended; it could be revived if the lodge discussion fails in order to preserve the existing recommendations. Bendon requested Council to allow a lodge application to be submitted as the land use code prohibits two active applications for the same property. In this case, one of the land use applications will be suspended. Bendon said the plan going forward is that on August 13th regular meeting to have a sketch plan review which allows for a public hearing, the perspective applicant and the P&Z to talk about the goals and aspirations of the project. This will be a review of all the planning that has happened on the property, presentation of what COWOP II did, changes the applicant may make, expectations of Council in an exchange of information in a venue of reciprocity. After that, the applicant will submit an application which goes to P&Z for their recommendation to Council. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to table indefinitely and suspend review of the townhomes II proposal; seconded by Councilman Frisch. All in favor, motion carried. RESOLUTION #68, SERIES OF 2012 — S. Aspen Street Extension of Vested Rights Mayor Ireland moved to approve Resolution#68, Series of 2012, extension of vested rights; seconded by Councilman Skadron. Councilman Torre said although he generally does not favor extending vested right, he will support this one as a two-year extension and that it runs at the end of a lodge application. Councilman Torre said he appreciates this in the spirit of negotiations with the applicant. All in favor, motion carried. 601 E. HYMAN—P&Z APPROVAL CONCEPTUAL COMMERICAL DESIGN 7 Regular Meeting Aspen City Council July 23,2012 Mayor Ireland moved to call up 601 E. Hyman; seconded by Councilman Torre. All in favor, motion carried. 602 E. HYMAN—P&Z APPROVAL CONCEPTUAL COMMERICAL DESIGN Mayor Ireland moved to call up 602 E. Hyman; seconded by Councilman Torre. All in favor, motion carried. 534 E. COOPER(BOOGIES) HPC APPROVAL CONECPTUAL COMMERICAL DESIGN Mayor Ireland moved to call up 534 E. Cooper; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to adjourn at 8:10 PM; seconded by Councilman Torre. All in favor, motion carried. f r+ aT oc City Clerk 8