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HomeMy WebLinkAboutminutes.council.20160822Regular Meeting Aspen City Council August 22, 2016 1 CITIZEN COMMENTS ............................................................................................................................... 3 COUNCILMEMBERS COMMENTS .......................................................................................................... 3 CITY MANAGER COMMENTS ................................................................................................................ 3 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 4 Resolution #111, Series of 2016- Wheeler Ticketing System Upgrade ................................................ 6 Resolution #125, Series of 2016 – CORE REMP Funding Request ..................................................... 6 Resolution #116, Series of 2016 – Approval of Wheeler Concessionaire Contract ............................. 6 Resolution #117, Series of 2016 – Rio Grande Trail Asphalt Partnership Payment............................. 6 Resolution #106, Series of 2016 – Burlingame PH ii Pump Memo ..................................................... 6 Resolution #127, Series of 2016 – Change Order to Contract Approval of City of Aspen Plats and Historic Images Project ................................................................................................................................. 6 Resolution #121, Series of 2016 – Aspen Country Inn – Guaranteed Maxium Price Contract for PNCI Construction, INC ............................................................................................................................... 6 Resolution #122, Series of 2016 – Aspen Country Inn – Contract amendment to Phil Vaughan Construction Management INC for Construction Manager as Advisor services for construction administration ............................................................................................................................................... 6 Resolution #123, Series of 2016 – Aspen Country Inn – Contract amendment to BG Design LLC for architect construction administration ............................................................................................................ 6 Resolution #124, Series of 2016 – Aspen Country INN – Contract for the moving company Olde Town moving & Storage INC ....................................................................................................................... 6 Resolution #120, Series of 2016 – Cozy Point Historic Barn – Construction Contract – TC@ INC ... 6 Resolution #125, Series of 2016 – CORE REMP Funding Request ..................................................... 6 Resolution #110, Series of 2016 – Rio Grande Trail Concrete Replacement ....................................... 6 Resolution #114, Series of 2016 – Contract for on-demand electric car service .................................. 6 Resolution #118, Series of 2016 – Parks Fleet Toolcat Utility Vehicle Replacement .......................... 6 Resolution #119, Series of 2016 – Approval of a Construction Agreement for Efficiency Upgrades to Affordable Housing Properties ..................................................................................................................... 6 Resolution #128, Series of 2016 – Additional Office Space and Parking for the Mill ......................... 6 Minutes – August 8, 2016 ..................................................................................................................... 6 NOTICE OF CALL-UP – Notice of HPC approval of Demolition, Conceptual Major Development, Conceptual Commercial Design Review, Special Review and Variations for 232 E. Main Street, HPC Resolution #22, Series of 2016 ..................................................................................................................... 6 ORDINANCE #23, SERIES OF 2016 – Ranger Station Subdivision Minor Amendment and associated reviews .......................................................................................................................................................... 7 Regular Meeting Aspen City Council August 22, 2016 2 ORDINANCE #24, SERIES OF 2016 – 119 Neale Avenue Subdivision Amendment and Transferable Development Rights ...................................................................................................................................... 8 ORDINANCE #21, SERIES OF 2016 – Charter Amendment regarding appointment of Chief of Police and Community Development Director ........................................................................................................ 9 ORDINANCE #22, SERIES OF 2016 – Code Amendment – Election Finance .......................................... 9 ORDINANCE #19, SERIES OF 2016 – Aspen Alps Planned Development Amendment – Project Review – 300 Building Replacement ......................................................................................................................... 9 Regular Meeting Aspen City Council August 22, 2016 3 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Myrin, Daily and Mullins present. CITIZEN COMMENTS 1. Jayne Gottlieb, owner of Shakti Shala, said last week she was given 60 days’ notice that she needs to move out of her current space. She is discouraged about finding a new space. She found a space in the SCI zone but yoga studios are not allowed. She is asking council if there is a loophole where a yoga studio where be allowed there. Mayor Skadron said this is hugely presciently setting and it is appropriate to wait to see where the consultants are going with this. Councilman Myrin said we are working very hard on the issue of displacement of locally serving businesses. The good news is in the long term we all have the concept in mind as a goal. Councilwoman Mullins thanked her for coming in. It doesn’t work tonight because we are making policy and not addressing specific problems. Having you come forward informs us we need to move this ahead. 2. Toni Kronberg spoke about the work session on view planes and the work session on civic building options. What is not included is the do nothing option on Galena plaza. Council should initiate public outreach. Jack Wheeler, asset, said we have done a lot of public outreach over the last three years including the do nothing option. Council and the public have agreed that the do nothing option is not an option and it would involve purchasing real estate. COUNCILMEMBERS COMMENTS Councilman Myrin said on the Oklahoma Flats trail the shock crete has received some comments and is something to keep in mind. On the memo about open space, there have been comments made about ensuring we have the water rights lined up before we start. The neighbors are sensitive to it. Councilwoman Mullins said she and Bert had the honor of being judges at the Ducky Derby. It is a great fun event. Aspen Historical society has been running hikes throughout the summer. They are great and informative. The community garden competition had 42 people show up to tour. It was quite successful. Be aware that Colorado can finally use rain barrels. The Wheeler and Mountain Film Festival starts on Wednesday. Councilman Frisch gave a hats off to Rotary and to the Music festival and school for another successful season. Mayor Skadron thanked the MAA for another great season. School is in session and busses are on the road. Ski passes are on sale. Thanks to city staff and volunteers for the back country marathon. CITY MANAGER COMMENTS Steve Barwick said paving started today on Castle Creek Road. Expect Delays. Cemetery Lane starts on Wednesday and Thursday. Mountain View drive paving is on Thursday. BOARD REPORTS Councilwoman Mullins said the Plein Air festival was very successful. Get to the Red Brick if you have not been there lately. Regular Meeting Aspen City Council August 22, 2016 4 Mayor Skadron said RFTA is still working on the lower trail project. There is talk on improving the trail to go towards New Castle and what RFTAs role may be. There is discussion on the long term visioning process and We-cycle and on the long range plan and possibly becoming a department of RFTA. CONSENT CALENDAR Reso 125 CORE grants Mona Long, CORE, said this is the annual request for renewable energy mitigation funding. The recipients are vetted by the CORE board and the BOCC then council. They are partnering with the canary initiative, Aspen energy challenge and the small lodge program. They would like to continue the net zero energy program this year as well as the income qualified program. They received half a million dollars in grant applications. The total request is for two million dollars. Councilwoman Mullins said for the Pioneer grant applicants, the grants are similar to what was recommended. What is the criteria. Ms. Long said for the affordable housing, energy savings per dollar invested, community outreach, technology and the ability to get the project done. The six person citizen committee makes the initial recommendation to the CORE board. Councilman Myrin asked if you measure the duration of impact versus the duration of funds paying the impact. Ms. Long replied yes, that is part of the consideration. Councilman Myrin asked for the Historical society heating is that switching to non-greenhouse gas. Marty replied it was switching to electric but it was not selected to go forward. Councilman Daily asked how solar charging works for We-cycle. Ms. Long said the solar panel is hooked up to a battery for the payment system. Councilman Frisch said he is proud of his work and fellow board members work. He is fully supportive of the resolution as written and is looking to continue the great work with the CORE board. Mayor Skadron thanked them for the good work on this. Resolution 110 – Rio Grand Trail Concrete Councilman Myrin asked how expensive do things get before they become separate RFPs or add ons Matt Kuhn, parks, said this is the first time we are trying a relatively large add on. It was a competitive pricing process. It was based on a scope of work that we wanted to get done on the trail. Excavation Services won the contract based on the best prices with the exception of the pumping truck which was an add on. Last year we partnered with engineering but it was a smaller project. Resolution 128- additional space for Mill Councilman Myrin said we are leasing two parking spaces, why are we leasing parking when we own a garage two blocks away. Jack Wheeler, asset, said for ADA access for both staff and public and the operations of the building and planning departments. There are some internal staff issues that need to use those spots. We have not figured out if customers need to use those spots. Councilman Myrin stated he is comfortable if customers will use those spaces. Councilman Frisch asked is the landlord is saying you are paying for these. Mr. Wheeler replied no we requested them. Jessica Garrow, community development, said we need the parking for staff as well as customers. We need to be in the space for a little bit to see how it works. Councilman Myrin said he would like to encourage use of the garage. If it’s for accessible issues I’m in Regular Meeting Aspen City Council August 22, 2016 5 support. Councilman Frisch said he is not sure if we want to approve the lease and deal with the parking later. Councilwoman Mullins replied it is a customer service thing. We are presenting out customers with some challenges with shifting the departments around. I would support the two spaces and does not think it is excessive. Resolution 116 – Wheeler concession agreement Councilwoman Mullins asked if we putting anyone out of a job. Gena Buhler, Wheeler, replied Justice Snows did a short term trial and stepped out of the RFP process. Any bartender will be offered to bartend with the Belly Up or a few other things. Councilwoman Mullins asked if the five percent compensation is standard. Ms. Buhler stated they looked at a lot and they ranged from 5 to 15. The Wheeler does not have consistent business but over the long range it should even out. That is part of the reason why we did a one year contract. Reso 106 –Burlingame PH II pump Councilwoman Mullins said the city continues to improve the environmental model in town by changing the water from potable to raw water for irrigation. Reso 127 –Aspen Plat and historical image project Councilwoman Mullins said GIS is great and important information. This is long overdue. Reso 114 – On demand electric car service Mayor Skadron said this will extend the Downtowner. Apparently it has worked. It will keep a spot or two open and relieve some of the tension. Money for this came from the stick by raising parking rates. Regular Meeting Aspen City Council August 22, 2016 6  Resolution #111, Series of 2016- Wheeler Ticketing System Upgrade  Resolution #125, Series of 2016 – CORE REMP Funding Request  Resolution #116, Series of 2016 – Approval of Wheeler Concessionaire Contract  Resolution #117, Series of 2016 – Rio Grande Trail Asphalt Partnership Payment  Resolution #106, Series of 2016 – Burlingame PH ii Pump Memo  Resolution #127, Series of 2016 – Change Order to Contract Approval of City of Aspen Plats and Historic Images Project  Resolution #121, Series of 2016 – Aspen Country Inn – Guaranteed Maximum Price Contract for PNCI Construction, INC  Resolution #122, Series of 2016 – Aspen Country Inn – Contract amendment to Phil Vaughan Construction Management INC for Construction Manager as Advisor services for construction administration  Resolution #123, Series of 2016 – Aspen Country Inn – Contract amendment to BG Design LLC for architect construction administration  Resolution #124, Series of 2016 – Aspen Country INN – Contract for the moving company Olde Town moving & Storage INC  Resolution #120, Series of 2016 – Cozy Point Historic Barn – Construction Contract – TC2 INC  Resolution #125, Series of 2016 – CORE REMP Funding Request  Resolution #110, Series of 2016 – Rio Grande Trail Concrete Replacement  Resolution #114, Series of 2016 – Contract for on-demand electric car service  Resolution #118, Series of 2016 – Parks Fleet Toolcat Utility Vehicle Replacement  Resolution #119, Series of 2016 – Approval of a Construction Agreement for Efficiency Upgrades to Affordable Housing Properties  Resolution #128, Series of 2016 – Additional Office Space and Parking for the Mill  Minutes – August 8, 2016 Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Daily. All in favor, motion carried. NOTICE OF CALL-UP – Notice of HPC approval of Demolition, Conceptual Major Development, Conceptual Commercial Design Review, Special Review and Variations for 232 E. Main Street, HPC Resolution #22, Series of 2016 Amy Simon, community development, told the Council on July 27, HPC reviewed this property which is located in the Main Street historic district. It involves the demolition of the existing gas station with the replacement of a one story retail building. They reviewed height, form and site planning. It was approve with a few variations. It is a special review due to the large amount of purely commercial. It did not increase the floor area, just allow more purely commercial. The 5,976 sq ft would have to combine with the residential. HPC looked at two set back variations. One on the west side. They allowed the zero lot line because the Cortina is not providing its own side yard set back. HPC allowed the front to be within five feet of the lot line where 10 is normally required. A deep eave is provided. HPC did find it an architecturally good fit with the neighborhood. The building meets the height limitations and there will be significant street scape improvements. It was approved 5 to 0 by HPC. Councilman Frisch said he appreciates why it is allowed next to the Cortina but is that a deviation than what has been approved in the past. Ms. Simon replied buildings are not allowed to shed snow or water onto adjacent property. The five foot dead space is more difficult to maintain. Councilman Frisch sai d currently we use eaves as a measurement and this has environmental benefits. Are we looking at that under the moratorium. Ms. Garrow replied not under the moratorium. We do have some allowances for eaves. Regular Meeting Aspen City Council August 22, 2016 7 Councilman Myrin said he does not want to call this up. The request to change from residential to commercial is considered in the moratorium and should be reinforced. We should modify the code to reflect that. The deletion of the second floor retail doesn’t change the overall size of the building and there may be a conversation around that. The conversation about public amenity is often about the offsite requirements. It seems like it should be a standard not a benefit. His concerns is with the bulb out and the We-cycle stations. It is a busy corner. They should continue with caution. Page 913, the picture of the fuel pumps and net leasable credits and page 928, picture of the stop light and it is gone in 921, he wants to make sure it remains on Main Street. The HPC minutes have a conversation about We-cycle. Is it a perpetual funding by the applicant. Sara Adams, representing the applicant, said they are working on the TIA. Councilman Myrin said the impact needs to last for the life of the building. Councilwoman Mullins said she would like the landscape to be toned down a bit in more keeping with Main Street. Mayor Skadron asked what is the thinking on the bulb out. Ms. Simon said it creates an island for pedestrians. It is easier for them to get across the street. Mayor Skadron said when he was on P&Z Jasmine said she hates bulb outs. Councilwoman Mullins said the biggest problem is if they are inconsistent. Ms. Simon said it is still being ironed out. Mayor Skadron asked for the height of the building what is it and what is the height of the summit. Ms. Simon said it is 28 feet to the peak, about the same as Carl’s. Mayor Skadron said there will be no call up. ORDINANCE #23, SERIES OF 2016 – Ranger Station Subdivision Minor Amendment and associated reviews Jennifer Phelan, community development, stated this will memorialize the 2015 cash in lieu rate as well as memorialize the existing plat of the subdivision by recording an amended plat with city approvals. This was created in 2013 by the federal government, more specifically the US forest service. The plat was recorded creating five lots. The forest service created the lots without city review and approval. The city recognized the lots but said you will have to meet city approvals including mitigation. Council previously granted development allotments with the condition of affordable housing mitigation in the form of credits or fee in lieu. Since those approvals for growth management allotments the rate has increased and the applicants are requesting to be vested under the 2015 lower rate. They are also asking to approve an amended plat to recognize the development. The property has a PD overlay as a result of the forest service being on the property. Staff recommends second reading for September 12. Councilman Frisch said there are three issues with the affordable housing as the main one. Ms. Phelan said the subdivision amendment and memorializing the new plat will allow the new owners down the line to know what they are buying. Councilman Frisch said we had an affordable housing study done and it was 50 percent less per FTE now we are seeing an increase. It will be helpful to walk through the math. Ms. Phelan said she will have that at second reading. Councilman Myrin said he wished we would have been able to make an alley and standard lots for garages. Ms. Phelan replied the forest service did make an alley. Four of the lots would be expected to access their property from the alley, lots one through four. Regular Meeting Aspen City Council August 22, 2016 8 Councilman Frisch moved to read Ordinance #23, Series of 2016; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 23 (SERIES OF 2016) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING SUBDIVISION MINOR AMENDMENT, PLANNED DEVELOPMENT AMENDMENT, AND ORDINANCE AMENDMENTS TO ORDINANCE NOS, 16, 32, AND 33 (SERIES OF 2015) FOR LOTS 1, 2, 3, 4 AND 5, RANGER STATION SUBDIVISION, CITY OF APEN, PITKIN COUNTY, COLORADO. Councilwoman Mullins moved to approve Ordinance #23, Series of 2016 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Daily, yes; Frisch, yes. Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #24, SERIES OF 2016 – 119 Neale Avenue Subdivision Amendment and Transferable Development Rights Ms. Simon told the Council they approved a historic lot split in 2012 with condition that the lot would only allow a single family house. The owner did not debate this and now the owner regrets that and wants a duplex. The applicant would like to sell three TDRs. If a duplex were allowed there would have to be changes to the building to make it safe. Councilwoman Mullins asked at second reading to let us know how many TDRs are out there. It works well for historic properties but where are they going to land. Councilman Frisch said we talked about this before and I’m not sure if there were some neighborly concerns. Are we going to run into density issues with the neighbors. Councilman Myrin said for second reading he would like more clarity on a duplex versus a single family home. There is a lot of density from the duplex. Councilman Frisch moved to read Ordinance #24, Series of 2016; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO.24 (SERIES OF 2016) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A MINOR SUBDIVISION AMENDMENT AND CREATING THREE TRNASFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 119 NEALE AVENUE, LOT 1, BENEDICT CABIN SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO. Councilwoman Mullins moved to adopt Ordinance #24, Series of 2016 on first reading; seconded by Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Myrin, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council August 22, 2016 9 ORDINANCE #21, SERIES OF 2016 – Charter Amendment regarding appointment of Chief of Police and Community Development Director Mayor Skadron said this gives council a check in opportunity on who is hired in these positions like with the City Clerk and Finance Director. Councilman Myrin said it does not enable council to remove that person it is just a check in on the initial hire. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins said this makes sense that they are the liaisons with the community. Councilwoman Mullins moved to adopt Ordinance #21, Series of 2016; seconded by Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Myrin, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #22, SERIES OF 2016 – Code Amendment – Election Finance Linda Manning, city clerk, stated the city has our own set of campaign report filing requirements but we are also governed under the Colorado Fair Campaign Finance Act. This will change one of the reporting date we have which is currently seven days before the election. We are going to change that to five days before the election. We will have a report due 21 days, ten days and five days prior to the election. We are also throwing out the requirement in the act to back date the report five days prior to the filing date. The reports will be through the filing date. Councilman Myrin asked if the big change will be you did the report and then backed it up five days and didn’t tell anyone what you did for those five days. Ms. Manning said you did but it got captured on a later report. We ran in to an issue at the last election where the report that was due there was a small window on the last report where you made a contribution on the last report day it didn’t get reported until 30 days after. This will correct that. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to approve Ordinance #22, Series of 2016; seconded by Councilman Daily. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #19, SERIES OF 2016 – Aspen Alps Planned Development Amendment – Project Review – 300 Building Replacement Councilman Daily recused himself. Hillary Seminick, community development, said this will replace the 300 building. The property is located in the western shoulder of Aspen Mountain in the lodge zone. It was developed in the 60s and 70s. There are seven multi-family buildings on eight different parcels. Two are vacant and six have improvements. Lot three has three multi-family buildings. The 300 building has structural issues and is out of alignment. The applicant is requesting a major amendment. This is the project review phase. The dimensional requirements include mass, scale, height and floor area. The application was submitted in March of 2015 and has evolved. The proposed building is larger in mass and has a subgrade garage. Staff is concerned with the garage, ditch, removal of trees and the overall mass and design. The applicant has revised the application and redesigned the building. P&Z reviewed the updated design with the removal of the subgrade garage and reduced floor area. During the P&Z review the height went down Regular Meeting Aspen City Council August 22, 2016 10 from 44 to 42 feet. It was approved unanimously, as well as the 80/40 green line, growth management, mountain view plane and residential design standard variances. P&Z recommended approval with reduced privatized deck areas. The existing building is four stories and 35 feet tall. The maximum height will be 45 feet tall and stay four stories. 10 units are proposed where today there are seven. It will increase the floor area by 53 percent or 273 sq ft for each unit. Staff recommends the applicant revise the design to reduce the height and mass and continue the hearing to September. Councilwoman Mullins said you mentioned the decks be reduced. Ms. Seminick said P&Z had a condition that the decks be reduced to better reflect the current ratios of the building. The applicant did that by 600 sq ft. Councilman Myrin said the big picture is there are two units being added and the FAR has increased by 51 percent. Ms. Seminick replied correct. Councilman Myrin asked if those two were taken out how much FAR is that. Ms. Seminick said they are 1,500 each. Each other unit is 273 sq ft each. Alan Richman, representing the applicant along with John Corcoran, Gilbert Sanchez, Jessie Swan, Tom Todd, Pam Cunningham and Nina Eisenstat. Mr. Richman said the PUD was approved in 2013. The purpose was to eliminate the nonconformities that were present at the time. They didn’t address any future development plans for the property. After it was recorded it was discovered the building was distressed and needed replaced. P&Z unanimously recommended council approve the amendment. There are five principles to keep in mind. The 300 building is secluded from town and buffered from the neighbors. The unique site requires individual consideration. The context of the Alps. The project is consistent with the 2013 PUD. The Alps is an important part of the visitor accommodations mix. Mr. Corcoran gave a history of the Alps. The livability of the residents has been severely impacted. Leaving it as it is, is not an option. There is a need for additional square footage. People vacation differently now than when the building was constructed. They want the outdoor deck and patio space. Floor to ceiling heights drive the height of the building. The addition of the two new apartments will help provide a cost offset and the splitting of the one apartment into two will provide more inventory. This is a group of owners that need to replace a damaged building. The rental program remains robust and viable. The infrastructure is set up to accommodate rentals. Mr. Richman said the property is secluded and buffered from the other neighbors. It can’t be seen from offsite. It is a unique site and the circumstances require individual consideration. It is the lowest of the Alps buildings on the slope. The topography allows it to be stacked into the slope. The existing buildings differ in height and size. The distress the building is facing today is not shared by any other buildings. The 300 building should be considered within the context of the Alps PUD. The project is consistent with the purposes of the 2013 PUD. The Alps is an important part of the visitor accommodations mix. Mayor Skadron opened the public comment. 1. Karinjo DeVore, president of Billings HOA, said they are a neighbor of the Aspen Alps. They are sympathetic to the rebuilding of the project. It is in poor condition. They looked at the height and variations asked for. The project has merit. They are confident the new project will be greener and more energy efficient. It is a very attractive building. The Alps are good neighbors. 2. Sabrina VanDoren, assistant GM, said she has lived her for 11 years. She started in Alps affordable housing. She supports the proposal. The building is compromised. There is a change in the needs of the guests including the size of the units. Regular Meeting Aspen City Council August 22, 2016 11 3. Nan Greif, owner, urged council to approve the project. They owned their unit since 1994. They love being a part of Aspen. The Alps is a special place. They are worried about the building that is falling down and needs to be replaced. They are not looking forward to a construction project but hopes it brings modern improvements and a little more space. They are looking forward to living on one level. 4. Bill Tomcich, said he hasn’t talked a whole lot about condominium revitalization. It is one aspect of the bed base that has been neglected and ignored. It is one of the reasons the Alps has served a great need over the years. This project is being done with support of the owners. There is a tremendous number of benefits and he urges council to approve this. There is an increase in overall square footage but the design is clever and addresses the concerns. 5. Michael Miracle, Aspen Ski co, and neighbor at the Little Nell. On the ceiling height it is the standard today. The additional height is inconsequential and a worthwhile tradeoff. Mayor Skadron closed the public comment. Councilman Myrin said the way I look at this is a brand new space and the height and mass and I see where staff is coming from and it doesn’t meet the grid of things. The extra units, height and square footage isn’t the concern it would usually be to me. What is, is the affordable housing. It shall be at least 30 percent. The math that is done is using the at least number of 30 percent. In a community where the current AACP doesn’t have 60 percent where we are looking at 30 percent where the housing office used the lease number makes it more difficult for people to participate in the affordable housing program when we get further behind. That is only using math for the expansion. I don’t know how free market residential works if you get a credit. Ms. Seminick said you do get a credit for the existing floor area. In this case they only have to mitigate for above and beyond. Councilman Myrin said that is something he would like to see change. This being a PD we can trade some of the things off. At a minimum I would like to see the 60 percent rather than the 30 percent. Ms. Garrow said to clarify how the growth management system works there are two requirements. Commercial and lodging are based off of FTE generation, 60 percent. For free market residential or the Alps it is 30 percent of the net new. There are discussions to potentially change it as part of the moratorium but they are required to mitigate at 30 percent. Councilman Myrin said he is not comfortable where the housing is and that they are providing enough. Councilwoman Mullins asked if they are providing the 30 percent mitigation on site. Ms. Garrow said it is not on site. Ms. Seminick replied it is credits. Councilwoman Mullins said the Alps are a unique property. It is an asset and we need to support what you are doing. I’ve only heard support for this project and nothing against what you are doing. I don’t have an issue with the height. Get rid of principle one. Whether it is buffered or not we still want it to look great. She said she has no issue with the height or the mass. The design is currently only partially successful on the east and north sides. For the west, she said she does not see the common elements of the Benedict designs. Councilman Frisch said on the bigger picture things, 40 percent of our bed base comes here and resides in a condo market. The average age of our condo community are our oldest and tiredest buildings. Nine feet interior ceiling height is the minimum standard for the future. 18 inches between floors is pretty humble too. The discussion then becomes how much do you want to sink the building. It is great if it is tucked away. As far as the additional FAR some of it is the current code and ADA. I don’t think they are out of line. The FAR and height ask are fine. If it does add up to a little bigger building than it’s great. There is room for improvement. I do think this will not be the last building in the Alps that will get done and there will be some precedent setting. It is important we don’t mimic but enhance. I have a little of Regular Meeting Aspen City Council August 22, 2016 12 design disconnect and miss the different roof lines. The original building has a little more texture. On Bert’s comments on housing, they are fair ones. The wording of the code is a little funny. Ms. Seminick said one of our greatest concerns is the increase in FAR. The height isn’t aligned with the underlying zoning. We support the building being replaced. There are two other buildings on lot 3 in similar size and mass. There is some concern around this being a precedent setting amendment. Around the design, this is a project level review not so much around the design. We can include as a condition that the applicant look at the fenestration and make it better relate to the other portions of the building. Councilman Frisch asked is there a view that 9 feet is too tall for new construction and 18 inches between floors too much. Ms. Seminick said currently there is a walk out on the first story. If they maintain that it doesn’t achieve anything in terms of height. In regards to the 18 inches that is standard for this type of building. They did a good job of showing 9 foot is to be expected in this type of building. Councilman Frisch asked if the building were to be sunk it would look shorter to the lay person. Is there value to the community to sink it further even though it gets measured the same. Ms. Seminick said when PDs are reviewed their relationships to underlying zoning is considered. The underlying zoning is 28. Currently it is 35. They are proposing an increase to 42 and it is so much greater than underlying and that is staffs concern. Councilman Frisch said the code would suggest they turn a 4 story building into a 3 story. Is that what staff is recommending or is the code outdated. Councilman Frisch asked what is the average unit size now. Mr. Corcoran replied the two bedrooms is 1,170 net livable and it will be increased to just under 1,500. The increase is to reflect more modern uses of the space. Councilman Myrin said we heard several times bed base. There is a difference between condos and lodging. Mayor Skadron said generally he likes the design. He is OK with the 273 additional square feet in each unit. He is OK with the height and with the deck areas. It is an opportunity for revitalization. He supports the replacement. He has issues with the affordable housing units. There are none on the site. They are proposing two additional free market units. If the floor area increase is for modern increases and functionality I understand that but if it is for these two free market units I don’t. His third issue is with the rental pool. Free market units are not required to go in to the rental pool. When units are upgraded the likelihood they are rented diminishes. His issue is with the free market units as precedent to drive the project. Councilman Frisch said some of the existing owners may want to rent out even more. We want to refurbish our condo market but as soon as you do there will be fewer people renting. How do we balance that and is there a tradeoff to be made. Mr. Corcoran said he has given this a lot of thought. You can create a culture. We have that history and provide those services our guests want. Councilman Frisch said he fears that some of that has to do with price point that some of those owners bought 30 years ago. There will be a cash out process. Maybe there can be a restriction to put these two new units in some sort of rental pool. Councilman Myrin said housing, rented or not, and free market rentals. One of the draw backs of the credit program is placing an employee. There is some value in that. The credit program is not a perfect program. He is not sure we are there tonight. The presentation was about mass and scale and we are Regular Meeting Aspen City Council August 22, 2016 13 concerned with how does it work. He is comfortable in seeing this again. He is not sure what the solutions are. Councilwoman Mullins said her concerns are the design. She is not sure what you can do about the affordable housing unless you consider some on site. Mayor Skadron said he thinks the FAR is an issue. Growth anywhere is growth everywhere. He would like some consideration to removing one of the free market units. He would like more discussion about the rental pool. Councilman Frisch said the issues are on campus affordable housing would be nice. 30 versus some other number for growth management. The flexibility of increasing the availability in the rental pool. Councilman Frisch moved to continue Ordinance #19, Series of 2016 to October 10, 2016; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Frisch moved to adjourn at 9:37 p.m.; seconded by Councilman Myrin. All in favor, motion carried. Linda Manning, City Clerk