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HomeMy WebLinkAboutminutes.council.20150608Regular Meeting Aspen City Council June 8, 2015 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS AND PETITION ................................................................................................... 3 COUNCILMEMBER COMMENTS ............................................................................................................ 3 CITY MANAGER COMMENTS ................................................................................................................ 3 CONSENT CALENDAR ............................................................................................................................. 3 ORDINANCE #19, Series of 2015 – Crystal Palace Subdivision Lot Merger – 300 and 312 E Hyman ..... 3 ORDINANCE #21, Series of 2015 – Gibson Matchless Subdivision .......................................................... 5 SWEARING IN CEREMONY ..................................................................................................................... 7 COUNCILMEMBER COMMENTS ............................................................................................................ 7 RRESOLUTION #62, Series of 2015 – Community Garden Fence Variance Request ............................... 7 1 Regular Meeting Aspen City Council June 8, 2015 At 4:05 Mayor Skadron called the Special meeting to order with Council Members Daily, Mullins, Frisch and Romero were present. Jim True, City Attorney, requested Council go into executive session pursuant to CRS 24-6-402(4)(a) purchase, acquisition, lease, transfer or sale of any real, personal or other property interest. Specifically lease interest and conference with attorneys. He stated he would like to have a brief conversation regarding the second opinion he received from Steve Daws regarding the Referendum item. Councilwoman Mullins moved to go into executive session; seconded by Councilman Daily All in favor, motion carried. Motion to come out of executive session at 5:00 pm by Councilman Daily; seconded by Councilman Frisch. All in favor, motion carried. Mayor Skadron called to order the regular meeting at 5:10pm with Councilmembers Daily, Romero, Mullins and Frisch present. Jim True stated the City received an opinion from attorney Steve Daws regarding the timing in whether applications deemed complete prior to the certification of Referendum 1 are subject to Referendum 1. The City received the opinion and he shared it with Council. The attorney’s office is requesting that Council waive the privilege and authorize the release of the letter. He requested there be a motion to authorize the release of the opinion tomorrow. Councilman Daily moved to release the opinion; seconded by Councilwoman Mullins. All in favor, motion carried. Mr. True stated he will email it to the press tomorrow. SCHEDULED PUBLIC APPEARANCES HPC awards, Amy Simon, Community Development, stated John Whipple and Patrick Segal are here representing HPC and these are the 26th annual HPC awards. Mayor Skadron stated City Council and the Historic Preservation Commission are pleased to present the 26th annual HPC awards. There have been over 90 projects recognized. This year’s award is for the Elks dome restoration. It is one of the tallest building in Aspen, clad in silver. John and Patrick said this is the first time in 123 years it has been restored to its original luster. The dome was temporary removed to restore it. A lot of work was put in to the replica flagpole as well. HPC acknowledged the restoration team of the ELKS, Graeme Means Architect, William H. Baker Construction, Aspen Insulation and Colorado West Roofing and Adirondack Flagpoles. Mayor Skadron handed out certificates to BPOE lodge 224, Aspen Insulation and Colorado West Roofing, William H. Baker Construction and Graeme Means. Proclamation – High School State Champion Day – Councilman Daily stated he has deep pride and appreciation for the lacrosse team and Sunday, the 400 meter runner. They sent out a solid message that this little mountain town is tough to beat. Councilman Daily read the proclamation. Mayor Skadron thanked the coaches, players and high school staff. Proclamation – ride to work day – Mayor Skadron read the proclamation. June 15, 2015 as ride to work day and parking for motorcycles and scooters is free that day. 2 Regular Meeting Aspen City Council June 8, 2015 CITIZEN COMMENTS AND PETITION 1. David Harris – thanked Councilman Romero for his combat engineer service in the Iraq war. He was always prepared for meetings and thought through things well. 2. Emzy Veazy III said in today’s Daily News the Lift 1A was the towns first chair lift is nearly vacant. He spoke about meeting someone who worked on the chair lift, Roy Stratton at St. James Presbyterian Church in Tarzana. He thinks he should be here when the lift is restored. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins said she is sorry to see Dwayne leave. He set an example for being prepared for the meetings, made well considered decisions, has in depth knowledge of project development and financials and a great sense of humor. She welcomed Bert to the council table. 2. Councilman Daily said he will miss Dwayne and his strong analytical skills, integrity, love for this community, sense of humor and warm friendship. 3. Councilman Frisch gave a hats off to Linda for running two great elections. He also gave a hats off to Mick and Bert for running a double header and looks forward to welcoming Bert. To Dwayne, you served you country and state and certainly served your community. You are leaving everything in a much better place than when you came in. Thank you very much. 4. Mayor Skadron said he is glad we are through the elections. He is looking forward to new perspectives and new energy at City Council. He thanked Linda for all her work. CITY MANAGER COMMENTS Steve Barwick said to Councilman Romero on behalf of city staff, thanks for standing up for us and holding our feet to the fire. Councilman Romero said it has been an honor and opportunity to serve the community. It is wildly and richly rewarding. It has been an opportunity to set a good example if for no one else than his daughters. If you want to make things better you need to lean in and get involved and he is in debt to Aspen. There are so many dedicated individuals who seek the opportunity to serve. I will miss working with this particular leadership team. There is a great deal of blue sky for this leadership team. Onward and upward. CONSENT CALENDAR Resolution #63 – Approval of the Brush Creek Park N Ride Lease Mayor Skadron stated the previous lease was 10 years and this one is five. John Kruger, transportation stated all the leases have been five. Councilman Romero moved to adopt the consent calendar; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #19, Series of 2015 – Crystal Palace Subdivision Lot Merger – 300 and 312 E Hyman Chris Bendon, community development, told the Council the Crystal Palace is two individual parcels one 6,000 square feet and the other 3,000. The request is to remove the lot line in between. The Crystal Palace is a historic landmark. Both structures are in the historic district. It would take two lots and combine them into one. There are no other changes proposed at this time. The standards for subdivision 3 Regular Meeting Aspen City Council June 8, 2015 are very straight forward. It requires the lots have adequate access, comply with platting standards, hook up with public utilities, and conform to zoning and no non-conformities. There were questions at first reading regarding the size of the lot. There are several lots with 9,000 square feet. Downtown lots are increments of 3,000. There were questions about the landmark designation. Staff is suggesting the extension be extended to the entire 9,000 square foot lot. There were also questions as to the level of benefits. There are a series of benefit that apply to landmarked parcel. The suggestion to expand the landmark designation results in a series of impact fee reduction and affordable housing reduction but it goes from applying to one parcel to one parcel. He said currently there is no development proposed. Mitch Haas is representing the applicant 312 Hyman, represented by Mark Hunt. Mr. Haas said they want to know what they have to work with before designing an application. By merging the lots they will know what they have to work with and can design accordingly. The most current thought is a lodging development. He did say they will have to adhere to the design standards for HPC review. Councilman Daily asked for the purpose of bringing this application. Mr. Haas replied to not have uncertainty. To have one lot. Mr. Bendon said there will be simplicity with the merger. Councilman Frisch said the CC zoning is not changing. If it’s a lodging project it could be higher since it’s on the north side of the street. He asked what is historic. Mr. Hunt replied the Piece on Monarch. Councilman Frisch asked if the other street scape is not protected. Mr. Bendon said that is a discussion for HPC. Mr. Hunt replied that is a good point. People look at the building and think of it as historic. Mayor Skadron asked if this is in a view plane. Mr. Haas said it is but it is irrelevant. Mayor Skadron asked if the set back on the minor building is significant. Mr. Bendon said it has not been identified as a landmark. Mayor Skadron said it is potentially 9,000 square feet and asked if they are precluding it from being residential. Mr. Haas replied the zone precludes it. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins said she is concerned with the physical appearance and HPC incentives. Just because it’s been done before doesn’t mean it should be. She thinks we need to try to retain the historic configuration of the 30 by 100 foot lots. Once the lots are combined the incentives will apply to the entire lot. What is the benefit to the City. Mr. Hunt replied getting lights on and traffic down there. Mr. Bendon said the desire for 30 foot articulation is achieved by the design guidelines not by having the lot line there. The amount of benefit is equal in both scenarios so it does not matter where the lot line is. Councilwoman Mullins stated the large lot developments do not articulate separation and change the fabric of town. Mr. Haas replied the Crystal Palace as we know it is 60 feet and the other parcel is 30. We know we will have a 60 foot and 30 foot. Councilman Frisch asked if it is 6,000 and 3,000 what it looks like on the outside. Mr. Hunt said it would look the same on the outside just change on the inside with fire doors and egress stairs. Councilman Romero said he is comfortable with Staff’s recommendation. 4 Regular Meeting Aspen City Council June 8, 2015 Councilman Frisch said if lot stays and the application comes in for one project it will not be an efficient project. Mr. Bendon said it will have the same outcome regardless of the property boundary and it meets the criteria of the review. Councilwoman Mullins said for criteria 26.4.80.040a new street patterns or rights of way her argument is there will be a change in street pattern one the properties are redeveloped. Mr. Bendon said that criterion speaks to a guaranteed access to a public way. Both properties have access to Hyman and the corner property has access to Hyman and Monarch. The resulting parcel has access to both Hyman and Monarch so the access to a public way is achieved in any scenario and there is no stranded lot. Councilwoman Mullins said b addresses more directly the lot lines and it can be designed to approximate the original lot lines. The projects that have attempted to do that have not been very successful and it is hard to approximate that. Mr. Bendon said she is speaking to a design desire there. The intent of this standard is the platting of the new lot resemble the original platting of the town site which was in 3,000 square foot lots. This falls exactly on those lines. It is not an odd shaped parcel for the downtown. Councilman Romero moved to adopt Ordinance #1, Series of 2015; seconded by Councilman Frisch. Roll call vote. Councilmembers Daily, yes; Mullins, no; Romero, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #21, Series of 2015 – Gibson Matchless Subdivision Mr. Bendon stated the property is in the Smuggler neighborhood off of Gibson Avenue. Both properties are historic landmarks. One of the Victorian buildings has been moved to the site. They are two residents in a condominium form of ownership. Two years ago there was a quiet title action on Silver King Drive of a platted but never opened right of way. These areas of platted right of way do not add development rights to the property. The proposed subdivision is to the divide the property into two. There is a curious lot boundary proposed and is the subject of Staff’s denial. One of the subdivision standards is to create approximate of the original town site platting. Part of that requirement is simple lots leads to simple development. This is 17 sided. The desire behind the requirement is to create lots that have equal net lot areas. That is partially what is leading to the strange lot division. As far as development rights it is currently one lot with 4,470 sq ft in the R6 zone district with one 500 sq HPC bonus with one or two homes. There is an ordinance that was adopted in 1987 that capped the maximum house size to 2,486. If there is one house on the one lot it is capped at 2,486 regardless of the allowable floor area. The parcel allows for two residences that would have to equal 4,470. What are the subdivision scenarios. Each lot is allowed 3,708 plus the possible 500 sf HPC bonus or 4,208. The current max with the bonus is 8,416 for the two lots. There are multiple scenarios of the number of homes and sizes of homes that could be built on the lots. Staff’s recommendation is the subdivision does not meet the review criteria due to the strangely shaped lot. Mr. Bendon stated that he and Mr. Haas have been discussing an alternate scenario that may simplify matters. It would divide the lot with a simple lot boundary that is not equally sized but would maintain the 60 foot frontage for the zoning. It would keep the simple shaped lots for simple shape development. The applicant would limit each parcel to one single family home and one ADU. Each lot would be allowed 3,493 floor area. One home would have 2,486 max and the remaining 1,007 for the ADU. There is still an increase in the overall development rights. Staff sees this as a significantly improved scenario. 5 Regular Meeting Aspen City Council June 8, 2015 Councilwoman Mullins asked if it would include the 500 sf bonus. Mr. Bendon replied it does not. Mayor Skadron stated he is not prepared to decide on an alternative that was not presented in the packet. Mr. Bendon said if Council is interested in the alternate they could continue the hearing. Mayor Skadron opened the public comment. 1. Alan Becker, 950 Matchless drive, said he is confused by the FAR of 2,486. It is the same square foot as allowed at his house. There was a lack of information in the public notice. He is wondering how the quiet title action happened. He is concerned about the unique character of the neighborhood. He would like to know the intention of the developers. 2. Terry Murray stated it is wise not to look at this as an either or proposition. Mayor Skadron closed the public comment. Mr. Haas said there are three parcels. The previous owner filed the quiet title action. Silver King became annex to lot one but in two pieces. Today there are three lots. One with development rights and two and three with no development rights. The lot looks strange because it is the only way to do it to achieve equal development rights. The flag area will be yard and unfenced. The City’s grid system extends to the river. After that it is odd. What is better for the property and neighborhood? Preserving the historic resources and ensuring green spaces conservation or maintaining the opportunity for some kind of legal struggle. This is not in the town site and adhering to a town site regulation does not make sense. The concern is not so much the lot lines but the potential density. He said they came up with a workable solution and an alternative. It is to draw a straight line and the effective lot area of the two lots would be 7,808 Square feet. The owner of lot two doesn’t want to do anything in the foreseeable future. Mayor Skadron stated he would allow a vote on the memo presented but it is not fair for Council or the public to vote on the alternative. Mr. True stated he would strongly urge Council not to consider the alternative but to continue. Councilman Frisch said he is supportive of Staff’s recommendation of denial. He said he has been trying to kill ADU’s for a long time. Carriage houses are different. He is supportive of continuing. Councilman Romero said it is appropriate to continue. He said to watch building and massing that may alter the direction of Silver king drive. It is appropriate to continue. Councilwoman Mullins is also supportive to continue. She would not support what is in the memo. What is the effect of the 500 sf bonus. She would like more information on what Mr. True was talking about. She also asked for more information on why the FAR could be equal on both lots, more discussion on the ADUs and context. Councilman Daily supports the idea of the continuance and the compromise. Mayor Skadron concurred with Council. Councilwoman Mullins moved to continue to July 13, 2015; seconded by Councilman Frisch. All in favor, motion carried. 6 Regular Meeting Aspen City Council June 8, 2015 Councilman Frisch moved to adjourn at 7:25 pm; seconded by Councilman Romero. All in favor, motion carried. SWEARING IN CEREMONY Municipal Judge Brooke Peterson swore in Councilmembers Frisch and Myrin and Mayor Skadron. At 7:30pm Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Mullins, Daily and Myrin present. COUNCILMEMBER COMMENTS 1. Mayor Skadron welcomed Bert. 2. Councilwoman Mullis also welcomed Bert. 3. Councilman Daily welcomed Bert. 4. Councilman Frisch welcomed Bert and said he will be a great addition to the community. 5. Councilman Myrin said he looks forward to working with everyone and pulling together. RRESOLUTION #62, Series of 2015 – Community Garden Fence Variance Request Sara Nadolny, community development, stated this application is to request a height variance for the fence at the community garden. The garden is located at the Thomas Property open space and is visible from HWY 82. It is located in the conservation zone district. The applicant is looking to expand the current garden. There is an eight foot fence that runs around the current garden and helps keep out deer and other wild life. The code only allows for a six foot fence. Staff has consulted with CDOT. An eight foot fence is the minimum standard for keeping wildlife out. Staff has reviewed the criteria and this application meets all the criteria. Dave Radeck, project manager, stated they would like to continue the eight foot fence around the expansion. The six foot fence would give deer and elk an easy in. Austin Weiss, open space, said the six foot fence would allow wild like to get hung up and suffer a miserable death. Councilwoman Mullins said six foot is code and she would support the eight foot fence. She asked why fences are allowed in our open spaces. Mr. Radeck replied due to animals getting in the gardens. Ms. Nadolny said there is nothing in the code that would preclude a fence in the open space. Councilman Daily stated he is very much in support of the community garden concept and he likes the idea of expanding it. The fence makes sense. Councilman Myrin said he went out to the site and it looks like the fence is built minus the panels. Mr. Radeck said the height will come down. Councilman Myrin asked if we can we regulate the type of fencing that is there so it doesn’t change over time. Mr. True said we certainly have that ability. Councilman Myrin suggested it is similar to what is there going forward. Councilman Frisch said he supports the variance. Mayor Skadron opened the public comment. 7 Regular Meeting Aspen City Council June 8, 2015 1. Denis Murray, 41 Trainors landing, said this is his third - five year plan in the garden. Deer don’t get in now unless you leave the fence open. Along with the fence is a new irrigation system. This will be great. Mayor Skadron closed the public comment. Mayor Skadron stated the motion will include the fencing to be similar to existing fencing. Councilman Daily moved to adopt Resolution #62, Series of 2015; second by Councilman Myrin. Roll Call Vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin, yes; Mayor Skadron, yes. Motion to adjourn at 7:50 pm by Councilman Frisch; seconded by Councilman Daily. All in favor, motion carried. Linda Manning City Clerk 8