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HomeMy WebLinkAboutminutes.council.20080114Regular Meeting Aspen City Council January 14 2008 COUNCIL MEETING .................................................................................................... .... 2 CITIZEN COMMENTS ................................................................................................. .... 2 COUNCILMEMBER COMMENTS .............................................................................. .... 2 CONSENT CALENDAR ............................................................................................... .... 3 • Resolution #1, 2008 -Posting of Legal Notices ................................................. .... 4 • Resolution #2, 2008 -Contract ISC -Installation of WiFi ................................ .... 4 • Resolution #5, 2008 -Designation of Newspaper for Legal Notices ................. .... 4 • Resolution #3, 2008 -Contract Audio/Visual for Council Chambers ............... .... 4 • Resolution #6, 2008 -Contract Highland Hybrid Police Department Vehicle.. .... 4 • Resolution #7, 2008 -Contract Handheld Pazking Ticket Writers .................... .... 4 • Approval of Kids First Boazd -Scott Garcia, Jodie Nelson, Katherine Sand, N ell Strijbos-Arthur, Ned Ryerson and Austin Weiss ........................................................ .... 4 • Minutes -December 3, 10, 11, 2007 .................................................................. .... 4 ORDINANCE #49, SERIES OF 2007 -Christ Episcopal Church GMQS Review ...... .... 4 APPEAL OF TREE PERMIT DENIAL - 935 East Hopkins ........................................ .. 10 ORDINANCE #25, SERIES OF 2007 -Jerome Professional Building Subdivision.... .. 12 1 Regular Meetine Aspen City Council January 14, 2008 ANNUAL PUBLIC FACILITIES MEETING President Ireland called the meeting to order at 5:03 p.m. with members DeVilbiss, Johnson, Skadron, Romero and Koch present. Koch pointed out when Council is elected, they become members of the Public Facility Authority and the Mayor is President. The offices ofVice-President and Assistant Secretary need to be filled. The interim finance director, Barry Crook, should be appointed as Treasurer. Johnson moved to approve the authority minutes of January 8 and 29, 2007; seconded by DeVilbiss. All in favor, motion carried. DeVilbiss nominated Johnson as Vice President; Crook as Treasurer and Skadron as Assistant Secretary. Johnson moved to approve the slate of officers; seconded by DeVilbiss. All in favor, motion carried. Johnson moved to adjourn at 5:10 p.m.; seconded by Romero. All in favor, motion carried. COUNCIL MEETING Mayor Ireland called the meeting to order at 5:10 p.m. with Councilmembers DeVilbiss, Skadron, Romero and Johnson present. CITIZEN COMMENTS 1. Bob Nix said he read about the city's award program for historic projects. Nix noted one of the recipients is a project against which he has filed suit and the city has been joined as a necessazy party because of a quiet title action. Nix said he will continue to protest an award for an illegal project and will be at the awazds ceremony. Mayor Ireland said this lawsuit will be discussed at an executive session COUNCILMEMBER COMMENTS 1. Councilman Romero thanked city staff who have toiled many and late hours on snow removal; it is a good problem to have. Councilman Romero thanked the citizens for their patience. 2. Councilman Skadron noted it is the first meeting of 2008, an occasion to weaz a tie. Councilman Skadron said he has been backpacking in Central American and it is great to be back in the US. 3. Councilman DeVilbiss stated he is the city's representative to RFTA. At the January 10`h RFTA Board meeting, the principal business was discussion of trail closure along the right-of--way from Catherine's Store to El Jebel. The trail is closed from Reeular Meetine Aspen Citv Council January 14, 2008 December 1 through Apri130. The recommendation of Jonathan Lowesky is to leave it closed, with which RFTA agreed. This trail runs through the Rock Bottom Ranch. Councilman DeVilbiss said another issue is purchasing fuel futures. The Board asked what security there is that RFTA will actually get the fuel it has paid for. Councilman DeVilbiss told Council this will be discussed at the next RFTA meeting. Mayor Ireland said that trail is beautiful biking/hiking trail. 4. Mayor Ireland said he participated in the Highlands Uphill Saturday. The city staff did a great job organizing it. Mayor Ireland said he did the Hike for Hope on Sunday, which had a good turn out for Buttermilk uphill. 5. Mayor Ireland agreed the city staff is doing a great job keeping things moving despite the record snow. Mayor Ireland thanked the county for cooperating with the city on snow removal issues. Mayor Ireland said staff hopes to look at efficiencies in the snow removal program and working with Pitkin County. 6. Mayor Ireland thanked everyone who volunteered for the citizens' budget task force. All materials will be available on the city's website. 7. Mayor Ireland pointed out his bicycle helmet and encouraged everyone who rides bikes in the winter to wear a helmet. 8. Steve Barwick, city manager, also thanked street, parks, housing maintenance and building maintenance staff for all the work they have done with snow removal. Barwick also thanked citizens who have helped each other with stuck cars and plowing. 9. Trish Aragon, city engineer, introduced the new development engineer, Larry Doble, who will be present during development applications at answer any questions. Ms. Aragon announced a neighborhood meeting scheduled for January 24`h at 5 p.m. to receive input on the Park Avenue transportation and pedestrian plans. Council is invited to attend. 10. Councilman Johnson said he has the pleasure of judging the Winterskol parade. Councilman Johnson congratulated Aspen Square for their winning entry. Councilman Johnson said he would like to see more participation in the parade. 11. Councilman Romero noted he attended the year end NWCCOG meeting where they ratified the 2008 budget and set the 2008 agenda. 12. Mayor Ireland said he attended the state transportation advisory committee. Mayor Ireland noted U. S. Congress has imposed ear mark limits of $500,000/member. Mayor Ireland said the transportation advisory committee continues to hear bad news about the lack of available funding For transportation. CONSENT CALENDAR Reeular Meetine Aspen City Council January 14, 2008 Mayor Ireland noted there are high technology requirements for police vehicles and their equipment. The police department is getting just one hybrid to make sure it can handle all the electrical requirements. Councilman Skadron corrected the December 10"' minutes, page 14, 3`d paragraph "Adams" is missing after Ms. Councilman Romero moved to approve the consent calendar; seconded by Councilman Johnson. The consent calendar is: • Resolution #1, 2008 -Posting of Legal Notices • Resolution #2, 2008 -Contract ISC -Installation of WiFi • Resolution #5, 2008 -Designation of Newspaper for Legal Notices • Resolution #3, 2008 -Contract AudioNisual for Council Chambers • Resolution #6, 2008 -Contract Highland Hybrid Police Department Vehicle • Resolution #7, 2008 -Contract Handheld Parking Ticket Writers • Approval of Kids First Board -Scott Garcia, Jodie Nelson, Katherine Sand, Nell Strijbos-Arthur, Ned Ryerson and Austin Weiss • Minutes -December 3, 10, 11, 2007 Councilman DeVilbiss asked about the advisability of using hybrids in this climate and the moisture on the underside fouling the electronics. Richard Pryor, police department, told Council that is one reason the police department is only getting one hybrid to see if it suitable for use in Aspen. Pryor noted the Highlander hybrids have more ground clearance than the Saabs and this is a new model; hopefully those concerns have been addressed. All in favor, motion carried. ORDINANCE #49, SERIES OF 2007 -Christ Episcopal Church GMQS Review Councilman Romero stated he is an active member of Christ Episcopal Church and would not be able to judge the application impartially. Councilman Johnson said he is a member of the Episcopal faith and would not be able to make an impartial decision. Councilman DeVilbiss noted there is a letter in the Council packet from Steve Falender stating if Council could authorize the removal of a tree, the Church could pull the buildings out of the rear setback, which might be a compromise acceptable to all. Councilman DeVilbiss said removal of the tree seems not to have been pursued by the applicants and he would like to know what removal of the tree would do to the application. 4 Regular MeetinE Asnen City Council January 14, 2008 James DeFrancia, representing Christ Episcopal Church, told Council the applicants looked at removing the tree and there were two impediments. DeFrancia told Council this tree was planted nearly 50 yeazs ago as a memorial tree and ashes of congregation members are scattered around the tree. That is an issue in removing the tree and trying to relocate the ashes. The other issue is that this is a silver maple and the city forester has told the applicants this is one of only 3 within the city. DeFrancia noted this large tree provides a buffer to the Church and adds to the streetscape in this area. DeFrancia noted leaving the tree seemed better weighed against an intrusion into the setback into the alley. DeFrancia said every property on this particular alley already intrudes into the setback and some into the actual right-of--way. Gilbert Sanchez, architect for applicants, said many factors have gone into this design and one of the most important was the historic preservation guidelines, with which the applicant has complied. Sanchez said the proposed addition is relatively close to the historic alignment and if it were brought closer to the street, it would be changing the historic alignment. Another guideline says design additions are to be compatible with the size and scale of the main building, with which they also complied; moving it to the street would make it compete with the arched Church. Guideline 10.8 states "place the addition at the rear of the building or set it back from the front to minimize the visual impact on the historic structure". This proposed design has tried to make the addition subservient to the existing church. DeFrancia noted there is a petition in support of this application signed by 116 people, of whom 661ive in the west end. DeFrancia said the applicant's position on use restrictions is that the permitted uses aze outlined in the code and the applicant is not seeking any uses outside that list. DeFrancia said restricting the uses maybe unmanageable; if one were to say no expanded uses and the AA meetings wanted to go from 4 to 5 times a week, is that an expanded use. Mayor Ireland said the concern is the size of gatherings. DeFrancia said the congregation has grown since the Church was built, which is the underlying motivation for this application, which is to expand the worship space. DeFrancia said he does not know how one can limit the number of people who would attend a worship service. DeFrancia told Council the Church advertises alternate ways to get to their location, like the crosstown shuttle. They also advertise parking in the music pazking lot. DeFrancia said there are violations in the setback as well as the right-of--way in the alley to the north of this church. DeFrancia said other churches have received variances, like into the view plane by St. Mary's. Councilman Skadron asked if the addition could be made smaller. Sanchez said the proposal was designed to fit the programs required by the applicant, including meeting ADA and egress requirements. Sanchez said 83% of the increase in square footage is needed in order to meet ADA requirements. Sanchez presented drawing of the west end to illustrate Council's question on whether this fits into the context of the neighborhood. Sanchez said he feels the size, scale and mass of the project are compatible in the west end. Sanchez pointed out the proposed footprint of the church, the alley, North street. Sanchez said the ratio of footprint to open 5 Regular Meeting Asoen City Council January 14, 2008 space is less footprint than other sites in the immediate area. Sanchez said the addition is designed to refer to the traditiona130' lot size. DeFrancia told Council the applicants would be willing to enter into an agreement not to enlarge the physical facilities for a reasonable period of time, like 10 years. Sara Adams, community development department, told Council in the historic preservation guidelines, staff looks for the addition to have distinction from the older portion of the building. Staff felt this design was more successful than pushing the whole addition forward. The historic fagade is straight to the street and it is more successful to have the addition fagade slanted. There is a connector piece. Councilman Skadron asked how many square feet of building exist in the alley setback. Sanchez showed the 20' alley right-of--way, and the 10' setback. There are two intrusions of 5' each into the 10' setback, not the actual right-of--way. There is about 300 square feet intruding into the setback, 150 square feet times two floors. Mayor Ireland questioned a design into the setback that is only two small triangles totaling 150 square feet. DeFrancia said the design was altered but with the constraints, they could not entirely avoiding intruding into the setback. Councilman Skadron noted the entire expansion is about 2500 square feet and reducing it by 150 square feet would be a small reduction. Councilman Skadron said his responsibility is to insure the development pattern is appropriate and compatible with the neighborhood. Councilman Skadron said he has to consider the entire community and the larger issues of growth facing the community. Councilman Skadron asked if Council can ask that the project be redesigned so as not to encroach in the setback. Jim True, special counsel, said Council can place conditions on an approval that are consistent with the land use code. Mayor Ireland opened the public hearing. Elyse Elliott, 610 North Street, asked that the applicants comply with the setback regulations as other neighbors have done. Ms. Elliott said she did a renovation and had to comply with the city conditions. Warren Klug, church member, noted one of the problems with the design is that the alley is not a right angle from the building. Klug said there is greater value in the front of the building and that appearance and the tree rather than the alley. Klug said some parishioners can no longer attend services or do so with difficulty as there are no bathrooms on the main floor, among other non-ADA issues. Klug said the church is open to anyone who wants to attend but the physical limitations keep people some away. Klug said the renovation and expansion are reasonable. The church wants to continue its programs in a building that is better and more appropriate. Janice Collins, adjacent property owner. said she is concerned that this is in the alley. Ms. Collins noted this is a historic church, although it is not designated. Ms. Collins said the back end view is as important as the front of the church. Ms. Collins told Council she has the same trees on her property as the silver maple. Ms. Collins said her property is across the alley from this church and she erected a 20' sweet pea fence. Ms. Collins said 6 Reeular Meetine Aspen City Council January 14, 2008 the church assured the neighbors and P&Z that there was no growth in the congregation. Ms. Collins said some members have said the church plans to put on more concerts and programs, and this is growth. Ms. Collins said if the church is not growing, why is this expansion necessary. Mayor Ireland said at the last public hearing, concern was expressed by increased traffic in the neighborhood; however, this request for encroachment is not the means to deal with the Music Associates' increased traffic Ms. Collins noted within a 4 block radius of the church there are many long term residents who have given many hours for organizations in this community. Ms. Collins requested Council have the applicants reduce the size of an excessive expansion. Bob Blaich, church member and neighborhood resident, said other churches have come before the city. St. Mary's asked for an significant increase in size as well as intrusion into the courthouse view plane. Blaich said Christ Church has served the community since 1886 and in this existing building since 1952. Blaich said Christ Church has earned the right to serve the community and its congregation in a building that will last another 50 to 100 years. Steve Falender pointed out the garage shown in the alley meets the setback requirements, which are different for a garage. Falender said the fences are not permanent buildings. Falender said this proposal requires special use. Falender said it would be typical for a church to seek common ground with the neighbors and that has not happened in this case. Falender said removing the tree was never investigated. Falender said the 10' setback has always been the major concern of the neighbors and the church could have come up with a smaller plan that met the rear yard setback. Falender said the design can be cut to fit within the setbacks. The expansion is almost 3,000 square feet and it should be made to fit the neighborhood. Falender said the neighbors are accepting the size and the uses but it should be possible to make it smaller. Archer Bishop noted a lot of this design is to allow parishioners better accessibility to the building. Bishop said access was the number one design criteria; the church has to have an elevator, ramps, ADA bathrooms. Diana Rumsey, parishioner, told Council her handicap makes it very difficult to attend church functions that are held on the lower level. Ms. Rumsey said the church does not want to decrease the number of participants; any work to the church will require bringing the church up to ADA standards. Ms. Rumsey pointed out the choir loft has to be moved. Ms. Rumsey said making it smaller will not work. Anne Burrows, Fifth and Smuggler, said she was told by the Rector that Christ Episcopal Church did not plan to increase the programming or the size of the congregation. Ms. Burrows said she does not see the need to increase in size if they do not plan to increase programs. Ms. Burrows requested if this is approved that there be conditions about any future expansion. Keith Gardner, parishioner, told Council about the availability of the church to the community and the community-wide programs. Mayor Ireland closed the public hearing. Regular Meeting Asaen City Council January 14, 2008 DeFrancia reiterated the underlying purpose in this application is the expansion of worship space; the present facilities are inadequate for the existing congregation. DeFrancia told Council the plan was cut back from the original presentation. DeFrancia said the Church sent out over 601etters to all the surrounding residents and had meetings with the neighbors, attended only by Falender and Ms. Collins. DeFrancia said a variance is being sought; variances are allowed as part of the land use process. DeFrancia said the applicant has no intention of greatly expanded programs. Councilman DeVilbiss said he would like a longer than 10 year covenant against expanded programs. Councilman DeVilbiss said the addition to the east of the barrel church could be brought forward on the site and not in the setback. Councilman DeVilbiss said he understands the necessity for accessibility and for larger worship space but that does not mean the expansion has to go into the setbacks on the rear of the site. DeFrancia noted the barrel vaulted portion is a historic structure and the applicants have preserved its character. The only way the church can be expanded is to the rear. Councilman DeVilbiss said he is talking about the new building to the east not going into the setback. DeFrancia told Council the applicants discussed the tree on the front of the property and the city forester indicated this tree warranted preservation. Ms. Adams noted the church is not a designated landmark but is on the list for potentially historic structures. Father McNab said besides desiring to meet ADA requirements, there is no storage space to store anything. There is no nursery space because the nursery is full of stuff; the boiler room is full of stuff. There are no Sunday school rooms in the building. The redesign will provide a child care facility and a Sunday school room. There is a need for meeting room space that is not a hallway to some other space. McNab pointed out a structure and a large permanent fence in the public right-of--way which impede regular traffic through the alley. Councilman DeVilbiss said he would like the church to pursue removal of the tree. Councilman DeVilbiss stated he could approve the barrel vaulted part of the church encroaching into the rear setback. DeFrancia said the applicants could accept the annex addition have no or minimal intrusion into the setback. Mayor Ireland said the applicants would have to appeal to have the tree removed, which would go through staff and then come to Council. Council cannot circumvent the appeal of the tree removal denial process. Mayor Ireland moved to approve Ordinance #49, Series of 2007, with the condition no expansion for the next 10 years beyond this proposal and no encroachment into the 10' setback by the annex structure but the proposed encroachment by the barrel would be acceptable. Councilman DeVilbiss said he would vote for more than 10 years. Councilman Skadron said this is a difficult application. An essential public facility confers no special benefit on a property. Councilman Skadron said he agrees there is not a significant site specific constraint requiring a setback variance. Councilman Skadron said he is willing to listen to conditions and to think what the resulting impacts are once the conditions are in place. Councilman DeVilbiss said the church is modestly sized for 8 Reeular Meeting Asoen City Council January 14 2008 the congregation it serves and it can use more space in the barrel. Councilman DeVilbiss said he would not request the barrel part of the building come forward on the site. The community is used to seeing how it looks on the front. Councilman DeVilbiss said there will be a basement under the east side addition which will gain space for the church. Councilman DeVilbiss supports handicap accessibility for the church and more space for the church. Councilman DeVilbiss said the addition could be pulled forward to get the addition out of the setback. Councilman DeVilbiss seconded the motion with the amendment to no expansion for 20 years. Councilman Skadron said his objections have to do with growth and the community at large and how each project impacts the greater community. Councilman Skadron agreed more space is needed for the church. Councilman DeVilbiss said as an essential public facility, the church can use all the space it is going to get by this expansion. Councilman DeVilbiss said he does not see this expansion as growth is customarily defined. It will not generate more employees or need for more housing. Councilman Skadron said for him the issue is how big this addition should be. Councilman Skadron asked if this application can get all it needs and still adhere to the land use code. Sanchez listed the constraints on the site; the existing building, which is worthy of historic designation and cannot be moved; the tree on the front of the property, which the forester said cannot be moved. There is a 30' setback on the front of the property. The applicants felt the front has more significance than the rear. There is the constraint of the existing rectory to the east and the building code requires 10' of separation between structures. Parking has to be provided on the rear of the property. The only space to accommodate this expansion was to ask for a small variance on the rear. DeFrancia told Council the applicants will accept a 20 year restriction on additional physical expansion and if the barrel vault is allowed to expand into the rear yard setback would accept the annex may not extend into the setback. DeFrancia said the applicants will have to redesign and present a modified plan to P&Z which may include an application to remove the tree. Mayor Ireland asked if it possible for Council to approve this with the condition the annex can expand forward by an equivalent to the squaze footage removed from the reaz without having to go through P&Z. True said that could be done. Mayor Ireland said if the tree removal is sought, that will have to come to Council. Mayor Ireland said he is concerned about some of the other encroachments into this alley and would like information on these encroachments. Mayor Ireland said Council has to choose between competing interests and it is difficult. Mayor Ireland noted it is important to recognize the AACP contemplates a hierarchy of needs and uses. Mayor Ireland said the community does not need more second homes but it does need churches, non-profits, public facilities because the market will not provide those types of uses. Mayor Ireland said he can support a compromise approval for this application. 9 Regular Meeting Asoen City Council January 14, 2008 Falender requested to meet with the applicants and the city's counsel to see if the other issue can be resolved. DeFrancia said they would meet with Falender; however, it is a separate issue. Council agreed to vote after a break. DeFrancia said the applicant's understanding of the motion to approve the application as submitted with the restriction of no further physical expansion of the church for 20 years; the annex will be redesigned so as not intrude at all on the setback but will be allowed to retain the same square footage; the barrel vault church will be allowed to intrude into the setback. If the removal of the tree is necessary, the applicants will follow the process for tree removal. Roll call vote; Councilmembers DeVilbiss, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. APPEAL OF TREE PERMIT DENIAL - 935 East Hopkins Rick Boyd, president Gavilon condominiums, told Council they are appealing denial of a tree removal permit. Steve Ellsperman, parks department, noted staff gave Council a memorandum describing the process and the specifics of this tree permit application appeal. Chris Forman, forester, told Council the Gavilon filed for tree removal permit to remove several trees in order to expand the existing structure. Forman told Council there are 3 large Colorado blue spruce on site, 2 on the north side of the building with diameters of 20" and 22", and a blue spruce on the east side of the building of 16". Staff denied the application to remove 2 large spruce on the north side of the building due to their significance to the community forest. The applicant appealed that decision to the city manager. The city manager denied the appeal, which was then appealed to City Council. Ellsperman noted the municipal code outlines tree removals and is specific about the appeal process. Ellsperman told Council the parks department processes between 200 and 220 tree removal applications a year and has one appeal/year. Forman told Council these trees aze 50 to 60 years old. Mayor Ireland asked how many trees on this property are being removed for this redevelopment. Forman said 23 trees are being removed and staff denied the removal of 2 large spruce on the north side of the building. Boyd said staff told him the proposed expansion could be achieved by going east and west on the property. Boyd pointed out the footprint of the Gavilon, which is 3-stories, 4 units per story. Boyd told Council the Gavilon could expand 10'5" and stay within the setback and other code regulations. Boyd said with this design it will stay within the center of the property and the 5' setback on the north side and 18' of parking on the south side. They want to keep the facade of the building the same. Boyd said there is only 7' to be able to move the building out in the direction suggested by staff. Boyd said being able to extend only 7' out would not be of much benefit and would not make much sense. Boyd noted the proposed design is trying to gain more comfortable, larger, more livable space by expanding in the direction of the light and the views. All 12 units have double sliding glass doors, which is their light and egress. Boyd said they would like to move 10 R~ular Meeting Asoen City Council January 14, 2008 two parking spaces to the east side of the building and decrease the existing non- conformity for parking. Boyd said there are 20 aspen trees on the property, all infected with scale and the forester would like those trees removed, regardless. The applicants would revegetate with any trees recommended by the forester. Boyd said the spruce trees are too big to be relocated. Councilman Romero asked the criteria used in determining denial of a tree removal permit. Ellsperman said staff uses the municipal code as a guideline in order to determine which trees are appropriate for removal. This is based on prominent trees in the neighborhood, the mix and species diversity in the neighborhood. The forester determined these particular trees were important to the neighborhood and community and felt their size, location and species provided that importance. The forester negotiated with the applicant to try and come up with a solution. The applicant did not feel any of the solutions discussed were appropriate for this redevelopment. Ellsperman noted the forester was going to allow the removal of one lazge spruce, the 16" tree on the east side of the property. Ellsperman reiterated the forester felt these trees were important to the community. Councilman Romero asked what other land use reviews would occur in this case. Chris Bendon, community development department, said there is a higher level of review with demolition. If this is just remodel and expansion of the building, it is a building permit review with review of setbacks, FARs, etc. but no public hearings. Boyd said this is a remodel, not a demolition. Councilman Skadron moved to support the parks department and city manager's denial of the tree removal permit; seconded by Councilman Johnson. Mayor Ireland said the forester offered a compromise to allow removal of a 16" spruce which would still allow an expansion of the building. Boyd said expanding in that direction would not help the remodel. Boyd asked about the provision in the municipal code allowing for mitigation of trees. Ellsperman said the code is very cleaz on the mitigation standards for trees permitted for removal. Ellsperman said mitigation only occurs if the forester allows the trees to be removed. All in favor, motion carried. Councilman DeVilbiss moved to go into executive session at 8:50 p.m. pursuant to C.R.S. 24-6-402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; seconded by Councilman Romero. All in favor, motion carried. Also present were Jim True, Kathryn Koch and Steve Barwick. Councilman Johnson moved to come out of executive session at 9:13 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. 11 Regular Meeting Asaen City Council January 14 2008 Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE #25. SERIES OF 2007 -Jerome Professional Building Subdivision Herb Klein reminded Council at the last meeting they indicated they were not satisfied with the affordable housing. The applicant's architects reorganized the space. There is one less free market unit and the applicants are providing housing for both the residential and the commercial space, twice the housing that the code requires. Klein said this proposal houses 12 employees, not 6 employees. Mitch Haas, representing the applicant, said at the meeting Council indicated the program of the development proposal was too heavily weighted toward the free market and not the affordable housing. The architects revised the floor plans, eliminated one free market unit, provided greater efficiencies and the result is a change from 6 free market and 3 affordable housing units to 5 free market and 5 affordable housing units. The project proposes to house 12 employees instead of 6.75 employees units. Haas said they are committing to lower category deed restrictions; 3 three-bedroom units (2 at category 4 and 1 at category 3); studio at category 2 and 1 one-bedroom category 3 unit. This is 5 units, 11 bedrooms and 4700 square feet of net livable space. Haas pointed out this is 187% of the code requirement for employee mitigation. Haas said this is one employee from meeting both the commercial and free market employee generation. Haas said P&Z approved special review to have more free mazket floor area and more commercial than the standard allowed in the MU zone; however, the amount of free market and commercial floor azea have both decreased. The project still has more commercial floor azea than free mazket residential as required by code. Haas pointed out the free mazket units meet the size limit of 2,000 square feet net livable or less as required by code. Haas said these type of free market units aze small and in-town and will not generate employees like lazger single family structures. Housing is being provided for all requirement of these units. Haas said when the building was redesigned, the architecture changed. Staff requested the building return to the previous style of azchitecture. Haas said they have done that and the design boards show a return of the style. Haas reminded Council, the applicants had agreed to provide one designated pazking space/unit for the affordable housing unit where there were 3 units. Now there are 5 units; it is difficult to commit to one space/unit. Haas said the project generates a parking requirement of 20.8 parking spaces. Haas said there aze 21 spaces; however, 2 of these are stacked, which nets 19 conforming parking spaces. Haas told Council the municipal code allows the applicants to pay for the 1.8 spaces at $30,000/space. Haas said paying cash-in-lieu for parking does not really address the needs of the community so the applicants have proposed to buy two- hybrid vehicles for an on-site ride sharing program for the affordable housing residents. Haas said the ride share cazs will further the city's goals and will meet the needs of the project. Mayor Ireland asked about other residents parking on the street; will that be prohibited. Haas said the residents in this neighborhood park on the street and it would be difficult to enforce a provision like that. 12 Reeular Meetine Asaen City Couucil January 14, 2008 Councilman Johnson asked what was the total square footage devoted to employee housing under the previous proposal. Jennifer Phelan, community development department, told Council the 3 units equaled 3,099 square feet net livable; the present proposal is 4,701 square feet net livable. The previous proposal was 6 free market units at 10,442 of FAR; the current proposal is 5 free mazket units at 9,484 FAR. The figures for the free market include the pro rated circulation, not just net livable. There is 9,622 square feet FAR of commercial space; it was previously 10,500 squaze feet of FAR. Ms. Phelan pointed out staff felt the original design was a better transitional building between the commercial core and the SCI zone. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Romero stated he appreciates the response to more affordable housing at 187% of the code requirement. Councilman Romero said the project is being responsible to the impact in employees generated and providing housing on site. Councilman Romero said he likes the idea ofcar-share for the affordable housing units and thinks it is a good example for other projects. Councilman Romero said this space will be re- occupied byexisting businesses. Councilman Romero stated he can support this application. Councilman Johnson said he likes the caz share program; however, the owners of the free market units might be better served with a car share program. Councilman Johnson asked from where the extra affordable housing squaze footage came. Haas said it came from commercial and free market space as well as more efficient circulation design. Herb Klein said the building owners need more office space and they cannot create that space without free market development to help pay for the redevelopment, which includes constructions costs and exactions. Councilman Johnson said he appreciated hearing the applicants have employee issues and see the need for affordable housing. Councilman Johnson asked if this proposal will solve the employee housing crisis. Klein said they feel providing affordable housing will help. The businesses have employees who already have housing; however, there aze employees who could avail themselves of housing. Councilman DeVilbiss asked the height of the building. Ms. Phelan said the maximum height of the building is 32', which is within the dimension allowed in this zone district. Councilman DeVilbiss noted the heights should have been included in the packet materials. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:15 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Mayor Ireland said the project has come a long way on the housing. Mayor Ireland proposed as a condition that as well as the on-site caz shaze program, the applicants pay to enroll the residents in the valley caz-share program. 13 Regular Meeting Aspen City Council January 14, 2008 Councilman Romero moved to adopt Ordinance #25, Series of 2007, on second reading approving with conditions; seconded by Mayor Ireland. Councilman Johnson said he views this project as free market residential project, which is what is driving the redevelopment. Councilman Johnson noted the applicants, themselves, said they understand the affordable housing problems. Councilman Johnson said this provides an opportunity to get more affordable housing. Councilman Johnson said the unnecessary public costs associated with this proposal are too great to allow a favorable vote on the project. Councilman Johnson said he does not feel this conforms to the AACP relative to employee housing and the spirit of infill sections. Councilman Johnson said this creates too many costs relative to employee housing for the city to pick up. Councilman Johnson said he agrees with Councilman Johnson that this project does not provide enough affordable housing, which means that the affordable housing burden falls on the public sector. Mayor Ireland asked if this building were to provide 100% of the affordable housing it generates, what would be the number of units. Ms. Phelan said to provide affordable housing for the increase in commercial and the new free market residential unit, the applicants would need to house 12.54 employees. This proposal provides housing for 12 employees. Haas pointed out if the project were to house every single employee, the project would have to start at 16,000 square feet plus parking. Haas said this project adds no net impacts. Councilman Johnson stated he cannot make the determination this does not create unnecessary public costs. Mayor Ireland said this building generates a certain number of employees who are unhoused in the urban growth boundary. Mayor Ireland said if this project is not approved, no employees get housed and the city will still have to address that problem. Mayor Ireland said if this project is approved, it generates a certain impact and houses 12 out of 12.54 employees, which is about 95% of the impact. Mayor Ireland said he would not require these applicants to make up the deficit that already exists as a condition of further development. Mayor Ireland noted the city will still have to improve the existing deficit whether this is approved or not. Mayor Ireland agreed the code should have a higher than 60% mitigation requirement for affordable housing. Councilman DeVilbiss said the project has addressed their employee generation. Haas said they will provide housing for 12.5 employees by turning the studio into aone- bedroom. Councilman DeVilbiss stated he is not prepared to say there are unnecessary public costs from this project. Mayor Ireland said the ordinance should be amended to require 12.5 employees housed by changing the studio to aone-bedroom and that the residents will be enrolled in a valley-wide car share program. Councilman Romero amended his motion to include those conditions; seconded by Mayor Ireland. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Mayor Ireland. All in favor, motion carried. 14 ReHUlar Meetine Aspen City Council January 14, 2008 Roll call vote; Councilmembers Romero, yes; Johnson, no; DeVilbiss, yes; Mayor Ireland, yes. Motion carried. Councilman Johnson moved to continue Resolution #53, 2007, Smuggler Affordable Housing Conceptual to April 14; and Ordinance #50, Series of 2007, to March 24; seconded by Councilman Romero. Mayor Ireland opened the public hearing on the two above items and continued the public hearings. Councilman Romero moved to adjourn at 10:30 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. r' ._ ,~~~~ Kathy` S. Koch, City Clerk 15