HomeMy WebLinkAboutminutes.council.20130624Regular Meeting Aspen City Council June 24, 2013
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HISTORIC PRESERVATION AWARDS ..................................................................................... 2
CITIZEN PARTICIPATION .......................................................................................................... 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 3
ORDINANCE #25, SERIES OF 2013 – 507 Gillespie TDRs........................................................ 3
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Townhomes, PUD Amendment ........... 4
RESOLUTION #66, SERIES OF 2013 – PUD and SPA Code Amendment Policy ..................... 4
RESOLUTION #67, SERIES OF 2013 – Subdivision Code Amendment Policy ......................... 5
RESOLUTION #68, SERIES OF 2013 – Temporary Use – Aspen Historical Society ................. 6
CALL UP NOTICE – 614 E. Durant .............................................................................................. 6
Regular Meeting Aspen City Council June 24, 2013
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Mayor Skadron called the meeting to order at 5:00 PM with Councilmembers Frisch and Mullins
present.
HISTORIC PRESERVATION AWARDS
Mayor Skadron noted these are the 24th annual historic preservation awards; over 90 projects
have been recognized during that time. Mayor Skadron stated it is important to say thank you to
property owners who have restored their historic properties.
Councilwoman Mullins presented award to the architect, Stryker Brown, and the owner, Neil
Karbank, of 612 West Main for the restoration done on a historic shed. Mayor Skadron
presented awards to the team of the Hotel Jerome and noted Forbes Magazine called this one of
the 10 best hotel renovations. Mayor Skadron said the Hotel Jerome remodel in 1989 received
one of the first historic preservation awards from the city.
CITIZEN PARTICIPATION
1. Dick Butera encouraged the new Council to ask hard questions, questions that might
forestall projects like paying $18 million for the BMC lumber yard and the hydro power project.
Council did not ask for budget numbers and who is paying the debt service.
2. Emzy Veazy said Council should reinstate CCLC’s budget; the Council should establish
a downtown business improvement district; Council should be visible on the streets and at
special events and the police department should have a pension program.
COUNCILMEMBER COMMENTS
1. Councilwoman Mullins reported she attended the Pitkin County landfill open house
where tours of the site were given. Councilwoman Mullins encouraged people to take tours and
see what is being done at the landfill.
2. Councilman Frisch noted Food & Wine festival has kicked off the summer season.
3. Mayor Skadron thanked the Chamber for the great Food and Wine and congratulated Jazz
Aspen for their summer festival.
4. Chris Bendon, community development department, requested Council continue first
reading of Ordinance #26, 2013, to July 8th and add a Call Up notice for 614 E. Durant to the end
of the agenda.
Councilman Frisch moved to continue Ordinance #26, Series of 2013, to July 8; seconded by
Mayor Skadron. All in favor, motion carried.
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5. Councilman Frisch informed Council the Red Brick Center has a new director, Angie,
who came from Aspen Film. July 28th is a Red Brick annual event, this year honoring Mary
Esbaugh Hayes.
6. Councilman Frisch said Housing Frontiers will be meeting twice a month instead of
weekly.
CONSENT CALENDAR
Mayor Skadron asked if there is a specific line item for the street improvement project. Steve
Barwick, city manager, told Council this is 3 years of paving work and the budgets from 2011
and 2012 has been rolled into 2013. Councilwoman Mullins asked if the asphalt is recycled.
Jerry Nye, streets department, told Council the specifications call for 25% recycled material; any
more than that will degrade the paving.
Councilwoman Mullins moved to adopt the consent calendar; seconded by Mayor Skadron. The
consent calendar is:
Resolution #64, Series of 2013 - Approving Contract for 2013 Street Improvement Project
Resolution #65, 2013 - Contract for Truscott Housing Re-Grading and Drainage Design
Resolution #69, 2013 - Approving a Proposed Water Court Decree
Minutes - June 10, 2013
All in favor, motion carried.
ORDINANCE #25, SERIES OF 2013 – 507 Gillespie TDRs
Justin Barker, community development department, told Council this ordinance will establish
two TDRs at 507 Gillespie and will reduce the allowable floor area by 500 feet. This is a 5,000
square foot vacant lot, historically designated as part of a lot split, the floor area was established
at 2,840 square feet.
Councilman Frisch moved to read ordinance #25, Series of 2013; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE #_25
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY
LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS,
LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29, 2011 IN PLAT BOOK 96
AT PAGE 60.
Regular Meeting Aspen City Council June 24, 2013
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Councilwoman Mullins moved to adopt Ordinance #25, Series of 2013, on first reading;
seconded by Councilman Frisch. Roll call vote; Frisch, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Townhomes, PUD Amendment
Councilwoman Mullins moved to continue Ordinance #23, Series of 2013, to July 8; seconded
by Mayor Skadron. All in favor, motion carried.
RESOLUTION #66, SERIES OF 2013 – PUD and SPA Code Amendment Policy
Jessica Garrow, community development department, told Council this is the second step in the
land use code amendment process and is a public hearing. If Council approves this resolution,
the next step is drafting an ordinance to bring back to Council. Ms. Garrow reminded Council at
a work session, Council directed staff to look at ways to amend these code sections to insure
greater predictability and clarity and to update and consolidate the review criteria to more
modern standards. Ms. Garrow said there has been some outreach with planners, architects and
P&Z. Ms. Garrow said PUDs and SPAs allow the underlying dimensions to be varied; SPA also
allows underlying uses to be varied. These are discretionary reviews by Council; applicants
must demonstrate variations from underlying dimensions and uses provide community benefits
and result in a more desirable development.
Ms. Garrow said the first request regards conceptual review. Current regulations require four-
step reviews; P&Z, Council conceptual review; P&Z, Council ordinance. This process creates
uncertainty for the applicant, staff and boards. Ms. Garrow noted the intent is to resolve major
issues at conceptual; however, conceptual approval does not lock anyone into anything and when
a project comes back at final review, everything is renegotiated. Comments are that this seems
like process for the sake of process rather than resolving issues up front. Staff supports changing
this so that conceptual becomes a binding review. There are 3 options; Council ordinance at
conceptual establishing dimensions and uses and final details, material, utilities would be dealt
with at final review ending at P&Z. Dimensional or use changes would have to come back to
Council. Second option is similar except for changes in dimensions or uses and staff
recommends if one has a conceptual approval and has a dimension or use change, it goes back to
city council. Third option would be a straight two-step review, P&Z recommendation and
Council approval.
Ms. Garrow said the second request regards the amendment process, PUD and SPA have
insubstantial review for amendments done at staff level; major amendments at Council and
minor amendments at P&Z. Ms. Garrow said PUD and SPA are similar process and staff feels
there is benefit in combining the reviews. There would be separate review criteria if varying
dimensions versus varying uses but the rest of the process is the same. Ms. Garrow said there is
Regular Meeting Aspen City Council June 24, 2013
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support from P&Z and from the public for this change. Councilman Frisch stated he supports
clarity and Council does not need to review the minor details.
Ms. Garrow pointed out for PUDs code requires lots to be a minimum of 27,000 square feet;
there is a process where a smaller lot can use a PUD for community benefit. P&Z felt small lots
should not have that flexibility; staff disagrees noting this is important and addresses unique site
constraints. P&Z noted projects should be as close to underlying zoning as possible. Staff notes
there are sites that are unique because of topography, history, location and an ability to vary the
underlying dimensions is important to have good projects. Councilwoman Mullins said it makes
sense to combine these as long as the distinction between PUD and SPA is maintained.
Mayor Skadron agreed with the general policy and with the goal of not revisiting the concept at
final review. Mayor Skadron asked how the distinction between PUD and SPA would be
maintained. Ms. Garrow said there will be a set of review criteria for varying dimensions and a
set for varying uses. Mayor Skadron agreed it is important to update the standards to reflect
modern concerns. Mayor Skadron asked if Council will lose any discretion if conceptual is
binding. Ms. Garrow said there is no loss of discretion; the decision is happening upfront rather
than the end. Council needs to decide how to deal with final approval; allowing P&Z to approve
final review and having height and floor area variations return to Council or all dimensional and
use variations come back to Council.
Mayor Skadron concurred with staff recommendation of the second option binding conceptual
review by Council and changes in dimensions or uses go back to Council. Councilman Frisch
agreed it is best for all parties if the important decisions, like height and mass, are made up front.
Councilwoman Mullins said projects will need to be as illustrative as possible at conceptual so
Council can understand the project. Councilman Frisch said non-traditional use of non-
traditional materials may be an issue for conceptual. Councilwoman Mullins agreed if
conceptual is going to be binding, there should be presentation of materials because the material
can affect how one perceives mass and scale. Mayor Skadron said if conceptual is binding, he
would like to see a project as close to complete as possible.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the motion hearing.
Councilman Frisch moved to approve Resolution #66, Series of 2013; seconded by
Councilwoman Mullins. All in favor, motion carried.
RESOLUTION #67, SERIES OF 2013 – Subdivision Code Amendment Policy
Chris Bendon, community development department, told Council this is a code amendment
policy resolution like the previous one. Subdivision is a technical review and there are some
things that need correction. The engineering requirements are scattered throughout the code or
in separate documents and they should all be pulled together. Bendon noted subdivision applies
to all land equally, like a small land trade or a major subdivision like Burlingame. Staff would
like to tailor the process to the magnitude of what is being proposed. Bendon said for changing
rights-of-way, staff feels there should be a more rigorous process for Council to consider.
Regular Meeting Aspen City Council June 24, 2013
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Bendon told Council staff proposes a new chapter in the land use code for all developments go
through on bonding, filing plats, other requirements. P&Z is supportive of these proposed
changes.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the motion hearing.
Councilman Frisch moved to adopt Resolution #67, Series of 2013; seconded by Councilwoman
Mullins. All in favor, motion carried.
RESOLUTION #68, SERIES OF 2013 – Temporary Use – Aspen Historical Society
Justin Barker, community development department, told Council the Historical Society is
requesting two temporary uses; a teepee at 620 West Bleeker and a banner at the fire department.
Council is final approval for temporary uses, which are not to exceed 180 days
Barker said the teepee is an educational tool in conjunction with an exhibit at the museum and
the applicant request having it up mid-June to mid-November for 2013 and 2014. The teepee
will be 22’ in diameter and 26’ high. The banner is an informative guide to let residents and
visitors know about an exhibit held at the fire department museum. Staff recommends approval
of both temporary use requests. The applicant is requesting a fee waiver of $900 from the
planning fees
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the motion hearing.
Councilman Frisch moved to adopt Resolution #68, Series of 2013; seconded by Councilwoman
Mullins. All in favor, motion carried.
CALL UP NOTICE – 614 E. Durant
Chris Bendon, community development department, reminded Council they are informed of
approvals commercial design standards, which Council can call up if they wish. This application
is very minor and has been combined into conceptual and final. The project is Pomeroy Sports
and the applicants want to take out the entrance on Hunter street and replace it with a window.
There may be some small interior addition in that nook area.
Council stated they are not interested in calling up this project.
Councilwoman Mullins moved to go into executive session 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 and (e) Determining positions relative to matters that may be subject
to negotiations; developing strategy for negotiations; and instructing negotiators at 6:20 PM on
existing and potential litigation; seconded by Mayor Skadron. All in favor, motion carried.
Regular Meeting Aspen City Council June 24, 2013
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Councilwoman Mullins moved to come out of executive session at 7:35 PM; seconded by
Councilman Frisch. All in favor, motion carried.
Councilwoman Mullins moved to adjourn at 7:35 PM; seconded by Councilman Frisch. All in
favor, motion carried.
Kathryn Koch, City Clerk