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HomeMy WebLinkAboutminutes.council.20131028Regular Meeting Aspen City Council October 28, 2013 1 CITIZEN PARTICIPATION .......................................................................................................... 2 COUNCIMEMBER COMMENTS ................................................................................................ 2 CONSENT CALENDAR ............................................................................................................... 3 ORDINANCE #45, SERIES OF 2013 – Approving Addition of “Retiring in APCHA Rental and Ownership: section to the Housing Guidelines ............................................................................... 3 ORDINANCE #42, SERIES OF 2013 – Code Amendment Title 29 Engineering Standards ....... 4 ORDINANCE #43, SERIES OF 2013 – Code Amendments Construction and Excavation Standards ......................................................................................................................................... 4 ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Subdivision/PUD.................................. 5 ORDINANCE #37, SERIES OF 2013 – Code Amendment – Subdivision ................................... 5 ORDINANCE #41, SERIES OF 2013 – Code Amendment – Approval Documents .................... 5 ORDINANCE #36, SERIES OF 2013 – Code Amendment Planned Development ...................... 7 233 W. HALLAM HPC CONCEPUTAL NOTICE OF CALL UP ............................................... 9 Regular Meeting Aspen City Council October 28, 2013 2 Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Daily, Mullins, Frisch, and Romero present. CITIZEN PARTICIPATION There were none. COUNCIMEMBER COMMENTS 1. Councilman Romero stated he hopes the Hechts win the bulk bid on the state revenue seized Little Annie’s with the result that would allow reopening of Little Annie’s. Council agreed. 2. Councilman Frisch noted this week is Halloween, a great event in Aspen, and urged everyone to be careful driving and walking around town. 3. Councilwoman Mullins reported she attended the Kid’s First lunch, where there were presentations, one of interest was on outdoor living spaces. 4. Mayor Skadron thanked Mr. White’s fourth grade class where he spoke on government and he was impressed with the preparation and quality of questions from the fourth graders. 5. Mayor Skadron congratulated Coach Sirko and Derek Johnson and the Aspen High School Skier’s football team and their victory over Basalt and gaining a spot in the football playoffs. 6. Councilman Mullins noted she attended a RWAPA retreat this month where the importance of water shed issues was reaffirmed. RWAPA’s mission is Ruedi-centric rather than the entire water shed and pushing collaborative efforts with other jurisdictions. RWAPA discussed beginning work on the conservation plan, which is the implementation of the water shed plan. Councilwoman Mullins said there will be a new funding request for the invasive species program. 7. Councilman Frisch reported ACRA is sponsoring an event to engage businesses in the Aspen core to find out about rebates available for commercial spaces. 8. Mayor Skadron said at the CAST meeting in Basalt, they heard from Mtrip about tourism market update and winter preview. Mayor Skadron said Jim Burrell, Medalist Sports, came and talked about the pro cycling challenge and questions and hopes ski town have about the future of the bike race in the mountains. Regular Meeting Aspen City Council October 28, 2013 3 CONSENT CALENDAR Cindy Christensen, housing department, pointed out the two major changes in the IGA regarding the housing operations are the call up procedures and adding two additional members. Ms. Christensen told Council there is a request to change the term of each board member from 2 years to 4 years and adding a 3 four-year term limit. Councilman Daily said 3 four-year terms seems like a long time and asked if it is important to have members serve that long; turn over can be healthy. Tom McCabe, housing department, agreed turn over can be healthy. Term limits were discussed and recommended by the board. Councilman Frisch said the two sides to this are historical knowledge versus fresh perspectives. Councilman Frisch stated all city boards should have the same policy regarding term limits. Councilman Frisch said he would like the housing board to comment on number of term limits and length of term. Councilwoman Mullins said she felt 12 years is too long. Councilman Frisch suggested this be continued until the housing board discusses this. Mayor Skadron pointed out the changes before Council are the addition of 2 members and of a call up procedure regarding guideline changes. Councilman Romero moved to approve the minutes of October 15, 2013; seconded by Councilman Daily. All in favor, motion carried. Mayor Skadron moved to continue Resolution #99, Series of 2013; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #45, SERIES OF 2013 – Approving Addition of “Retiring in APCHA Rental and Ownership: section to the Housing Guidelines Tom McCabe, housing department, reminded Council the guidelines do not have a retirement section and there are a lot of questions on that issue. The requirements are to live and occupy the unit 9 months/year; not to own property in the exclusion zone; and the definition of retiree is included. McCabe noted he included the definition of full retirement age from the social security department as some of APCHA’s guidelines refer to that definition. The retirement age will increase to and stay at 67 unless the housing office comes back to the elected officials and change that. McCabe noted affordable housing is a community asset and the rules should address all. Councilman Frisch moved to read Ordinance #45, Series of 2013; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #45 Series of 2013 Regular Meeting Aspen City Council October 28, 2013 4 AN ORDINANCE ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTRY AFFORDABLE HOUSING GUIDELINES Councilman Romero moved to adopt Ordinance #45, Series of 2013, on first reading with amendments submitted at meeting; seconded by Councilman Mullins. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #42, SERIES OF 2013 – Code Amendment Title 29 Engineering Standards ORDINANCE #43, SERIES OF 2013 – Code Amendments Construction and Excavation Standards Trish Aragon, city engineer, said staff is not asking for adoption at this meeting but would like comments and then have more time for public input and review. This amendment is to clean up engineering standards spread throughout the municipal code and is a guide for an applicant going through the engineering requirements. Ms. Aragon pointed out she included maps Council requested. Title 29 will create a variance process and an appeal process; it creates standard symbology for engineering drawings for different systems, access drive locations off minor street on a corner, off street parking allowing for compact cars, curb & gutter capacity 12” from flow line to protect the building, emergency access design standards which were not in the code before, grading standards, slope stability review. Title 21 changes to make it meld with title 29. Council asked for a street component added into title 21 which puts in a policy to insure transportation improvements are designed, planned and constructed to encourage alternate modes of transportation and to encourage transit routes and to promote safe operations for all users. Ms. Aragon said she will revise this before final adoption to be more forward thinking, and include more master planning. Ms. Aragon reminded Council they brought up lightening and she would like to address this in a work session; it is a bigger topic that just adding to a municipal code section. Lighting discussion will require input from the utilities department and the public and staff will come back in December. Ms. Aragon told Council staff has been and continues to do public outreach; engineering and community development have had two open houses. Staff has met with architects and engineers at their offices; there has been positive reception. Councilman Romero asked who hears the appeals. Chris Bendon, community development department, told Council the city has a hearing officer to handle appeals of administrative decisions. Ms. Aragon said staff is continuing public outreach; the engineering firms wanted to look at the standards one more time. Councilwoman Mullins said she likes the changes made by staff in the introduction and those since first reading. Regular Meeting Aspen City Council October 28, 2013 5 Councilwoman Mullins moved to continue Ordinance #42, Series of 2013, to November 18, 2013; seconded by Councilman Daily. All in favor, motion carried. Councilwoman Mullin moved to continue Ordinance #43, Series of 2013, to November 18, 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Subdivision/PUD Councilwoman Mullins moved to continue Ordinance #23, Series of 2013, to November 11, 2013; seconded by Councilman Daily. All in favor, motion carried. Chris Bendon, community development department, told Council the applicant has been responsive to staff’s comment. The applicant is updating their plans, which staff has sent to referral agencies. Bendon said staff hopes to have a recommendation of approval for the November 11th meeting. ORDINANCE #37, SERIES OF 2013 – Code Amendment – Subdivision ORDINANCE #41, SERIES OF 2013 – Code Amendment – Approval Documents Chris Bendon, community development department, told Council staff is recommending continuing these until November 18th for final review and edits. Bendon noted the submission requirements for subdivision include a narrative provided by a professional engineer, mapping and diagram as necessary as required in title 29 and the city’s urban runoff management plan. The information should be of sufficient detail to understand the locations and extent of development, necessary upgrades or alignments. Specific engineering solutions do not need to be provided for the land use review. Bendon said the public has described engineering solutions as an obstacle to land use review process; that a detailed engineering plan was required just to find out if the project would go forward. Those types of engineering documents would be required at final document submittal. Bendon said the approval document changes were part of the public outreach. Engineering firms wanted to see within approval documents, when a public infrastructure plan is required, a lowering in the level of engineering documents. Language was added to require sufficient detail to include unit totals for cost estimating and surety requirements but construction documents are not required. Councilman Romero asked how much time was spent with the public going over public improvements and financial guarantees. Bendon said one reason he is suggesting this be Regular Meeting Aspen City Council October 28, 2013 6 continued is to try and get more comment on this section. Councilman Romero said he does not recall discussing the requirement that the city obtain 150% of the estimated value of the public improvement, 150% of affordable housing guarantee of some projects could be millions and millions of dollars put aside to the life of the delivery and after the delivery is determined acceptable, 100% is returned and the other 50% is kept for 2 years. Councilman Romero said the city wants to communicate high standards that protect the community and are easily understood. Bendon said in many projects, the guarantee is related to sequencing and receiving building permits when the previous step is completed. Bendon said those are for situations where a developer could walk from a project; this is to protect the public interest with site protection requirements. Bendon said Councilman Romero’s comments highlight some tune-ups needed. Bendon said he will target the land use planners to review this language before final reading. Councilman Romero said requiring protection and surety and how they are achieved should be definitive as well as address the timing in which the protections need to be placed. Bendon said these are all funded at the issuance of building permit. Councilman Romero said for landscaping protection guarantee, it could be sitting not relevant for several years before the landscaping is put in place. Councilman Romero said staff should consider the timing to be better equated to when the risk exposure is relevant. Bendon said he will look at the timing for sureties, which might be negotiated as part of the development agreement, and perhaps roll from one section of a project to the next where the surety is needed. This can also be dealt with on a case by case basis. Councilman Frisch agreed how much should be collected, when it should be collected, and when it should be returned should be re-examined. Councilman Daily suggested the language be narrowed to cover what is intended to be guaranteed. Councilwoman Mullins asked the sequence of submittal documents. Bendon said the ordinance has a menu of plans that will document the approval as granted with timelines and how to relate to the approval as granted, with dates and deadlines, in order to understand what was approved. Not every project will need all the plans listed in the ordinance. Mayor Skadron stated standards should deliver appropriate development, which is development concurrent with AACP principles. Mayor Skadron asked if the standards are protecting the city from development that does not meet the principles or are the standards driving development the city does not want. Bendon said development document section is making sure everyone is on the same page about what is expected and to insure to the public that an applicant will deliver on their promises. If an applicant does not deliver on the promises, especially those in the public rights-of-way, the city has their escrow money and the city can deliver to promises to protect the public. To insure there is enough money to complete improvements like this, staff is recommending 150% escrow. Mayor Skadron said by final adoption he would like assurance that the revisions have not lessened public protection. Mayor Skadron opened the public hearing. Regular Meeting Aspen City Council October 28, 2013 7 Ziska Childs suggested the escrow money go into an interest bearing account with the interest going back to the developer. Bendon said this may be a legal or finance question. Jim True, city attorney, pointed out these escrows are done through title companies and it depends on what kind of account is set up. The city is not holding the money. True said staff can look at how this is done and comment at the next hearing. Mayor Skadron closed the public hearing. Councilman Frisch moved to continue Ordinance #37 and Ordinance #41 to November 18, 2013; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #36, SERIES OF 2013 – Code Amendment Planned Development Chris Bendon, community development department, pointed out this is now called planned development rather than planned unit development. The amendment is more specific about the three-step review and outlines the three steps. Step one is project review with P&Z; it used to be called conceptual which could be misleading. Step two is project review with Council. This sets out the parameters of the project; uses, mass and scale, dimensions, heights, floor area. The final step is detail review with P&Z where the applicant goes over architecture, landscape plan, and utility layouts. A section for use variation has been included. Bendon pointed out the only difference between a SPA and a PUD is varying the uses. If one is seeking a use variation, they are required to do an enhanced neighborhood outreach achieved by physical meetings, go to meetings, or enhanced mailings. The applicant also needs to be specific about the type of uses that may be varied, like including a restaurant in a lodge. Bendon said this draft eliminates the combined review; currently an applicant can go through a two-step review by providing all the information up front. Bendon said during review, an applicant may have less resistance to changing plans as they have not spent a lot of money on detailed architecture or engineering. Combining all review into a two-step would result in high stakes decisions at the last minute. Bendon suggested hearing from the development community on this as well as more flexibility in project amendments if the two-step review process is allowed. Bendon said all reviews for a project should be combined with planned development project review so the community can make one decision about a project. Bendon noted language about the purpose of the project review approval has been enhanced. Once a project review approval has been granted by Council, it sets for the overall concept and parameters of the project, land use lays out mass, scale, dimensions and variations from use requirements. This highlights that project review is Council’s opportunity to set out the parameters of the project; the detail review is that not just another chance to review the parameters. If an applicant wants to amend the Regular Meeting Aspen City Council October 28, 2013 8 parameters, they would have to return to Council for project review. Bendon said project review approval will be filed. Bendon pointed out a new section on use variation standards makes it clear there are additional standards for a use variation. Bendon said for amendments, insubstantial has been limited to those amendments not requiring variation in the use, not requiring increase in height or in floor area; these are limited to small changes when the design team is doing final details as realizes modification are needed. These can happen at administrative level. Bendon told Council there are properties in Aspen designated PUD overlay with no specific plan review or adopted. Bendon said some applicants want to document existing conditions as well as modernize documentation. Bendon said there is an opportunity to combine reviews for properties that are historically designated or are in a historic district and have that review done by P&Z; any amendments would go back to HPC. Councilwoman Mullins said she would like more distinction between PUD and SPA. Councilwoman Mullins said there should be strong emphasis on use variation; it is important to make people aware when there is use variation. Bendon noted there are additional review standards, additional noticing to neighbors, and requiring specificity on what is being varied. Councilwoman Mullins stated it make sense to combine SPA and PUD and to standardize the reviews; however, any project that is changing uses should be emphasized or stressed. Bendon said the section requires an applicant make their case with the neighbors as well as having additional review standards. Bendon said a planned development application with requests for use variation would describe those and would be subject to additional review criteria so that a neighborhood will know what is going on with a project. Councilman Romero said the public’s interest is best served when there is a project review; the applicant understands the process and what it takes to get there and the community has a level of reliance on the reviews. Councilman Romero said these amendments are an improvement. Councilman Daily said this is an important consolidation and updating of the regulations and the project review approach will be thoughtful and workable in balancing the interests of the community and of the developer. Mayor Skadron said combining SPAs and PUDs brings clarity to those charged with assessing review. His concern is that the power remain in the community’s hands and appropriate review authority is not lost in the city’s attempt to provide facility to the development review process. Mayor Skadron stated when Council sees this again, his concern will be the degree to which P&Z and Council retain its authority in application review. Bendon stated Council should feel confident in retaining all their authority, especially in project review which front end loads the discussion around a project. This project review may lengthen the time it takes to go through the process. Mayor Skadron opened the public hearing. Regular Meeting Aspen City Council October 28, 2013 9 Ziska Child agreed it is easy to change designs when they are only on paper and anything that can be done to facilitate that flexibility early in the process will be good for everyone. Ms. Child reminded Council not everyone in front of Council will be large scale developers and keeping these regulations non-technical will help those applicants. Mayor Skadron closed the public hearing. Councilwoman Mullins moved to continue Ordinance #36, Series of 2013, to November 18; seconded by Councilman Frisch. All in favor, motion 233 W. HALLAM HPC CONCEPUTAL NOTICE OF CALL UP Councilwoman Mullins said this appears to be a big development on a small site and contributing to that are the 3’ variance on the east side of the property and the 500 square foot FAR bonus. Staff’s explanation is that the Victorian is being moved back to its original location so it is hard to argue against a variance if they are doing that. Councilwoman Mullins said staff feels this is one of the best restorations and the 500 square foot bonus is warranted. Council agreed HPC review is sufficient and no call up necessary. Councilman Frisch moved to adjourn at 7:05 p.m. seconded by Councilman Romero. All in favor, motion carried. Kathryn Koch, City Clerk