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HomeMy WebLinkAboutminutes.council.20131209Regular Meeting Aspen City Council December 9, 2013 1 CITIZEN COMMENTS ................................................................................................................. 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 2 Resolution #110, 2103 - Part 1 Skate Park Design Services Contract for Rio Grande Skate Park Expansion ............................................................................................................................ 3 Resolution #111, 2013 - Contract - Air Particulate Monitor ............................................... 3 Minutes - December 2, 2013 ................................................................................................ 3 Board Appointment - Open Space – Jesse Young ............................................................... 3 ORDINANCE #51, SERIES OF 2013 – Hotel Aspen 110 W. Main Street Consolidated PUD, Subdivision Rezoning ..................................................................................................................... 3 RESOLUTION #112, SERIES OF 2013 – Adopting 2014 Mil Levy ............................................ 5 ORDINANCE #50, SERIES OF 2013 – Wheeler Board Composition.......................................... 6 Regular Meeting Aspen City Council December 9, 2013 2 Mayor Skadron called the meeting to order at 5:05 p.m. with Councilmembers Mullins, Romero, Frisch and Daily present. CITIZEN COMMENTS 1. Hugh Zucker, Mountain Rescue, told Council their new facility is also providing back up dispatch center, hot EOC and training facilities. This will be a community asset. Zucker said they are a search and rescue group; they have no paid staff. Mountain Rescue does not charge for rescues. A Colorado Search and Rescue card does not pay for rescues. Contributions go toward operations and updating equipment. COUNCILMEMBER COMMENTS 1. Councilman Frisch thanked Mountain Rescue; Pitkin County is a dangerous place for back country skiing. 2. Councilman Frisch commended Chris Klug for the Summit for Life Saturday; lots of uphill racers participated. CONSENT CALENDAR Mayor Skadron noted the fourth graders he spoke to were concerned that the skateboard park conflicts with the basketball court. Councilwoman Mullins asked if one public meeting for the skateboard park redesign will be enough. Scott Chism, parks department, told Council there will be more interactions by reaching out to the skateboard community, with social media to get as much input possible. Chism told Council one of the reasons to choose this design team was their success in the past at public outreach. Councilwoman Mullins said she would like to see the sustainable sites initiative and the LEED program for buildings addressed in city projects. Chism told Council the expansion of the skateboard park will conflict with the basketball court and as part of this process, staff will determine what that space should become. Chism noted the space at the Rio Grande is limited. There is a good basketball court at the Yellow Brick and half courts at Robinson and at the Tot Lot and there is only one space for the skateboard park. Mayor Skadron asked what “trust and agency fund” that will be used for the air monitor is. Janette Whitcomb, environmental health department, told Council this is the TDM impact fee which is paid by land use applications to mitigation transportation and air quality impacts. Regular Meeting Aspen City Council December 9, 2013 3 Councilman Frisch moved to approve the consent calendar; seconded by Councilman Romero. The consent calendar is: • Resolution #110, 2103 - Part 1 Skate Park Design Services Contract for Rio Grande Skate Park Expansion • Resolution #111, 2013 - Contract - Air Particulate Monitor • Minutes - December 2, 2013 • Board Appointment - Open Space – Jesse Young All in favor, motion carried. ORDINANCE #51, SERIES OF 2013 – Hotel Aspen 110 W. Main Street Consolidated PUD, Subdivision Rezoning Councilwoman Mullins recused. Sara Adams, community development department, told Council this is an application for redevelopment of the existing Hotel Aspen with a mix of lodge, free market residential, affordable housing and a subgrade parking garage. This property is zoned MU, mixed use, along Main street and R-6 along Bleeker with an LP, lodge preservation overlay. The proposal is to increase lodge units from 45 to 54 units with an average unit size of 300 square feet; to add four free market units along Bleeker street, and three affordable housing units. The PUD request is to vary the maximum cumulative floor area for the entire property, the maximum lodge floor area, the maximum free market floor area and the maximum unit size for the free market residential units as well as to vary two setbacks. HPC reviewed this for conceptual design and .d approved the project conceptually. P&Z reviewed this to recommend to Council regarding the PUD/subdivision and rezoning and recommended denial. The applicants are requesting wavier of the TDM and air quality fee, a waiver of the parks development fee. Ms. Adams pointed out the code allows for lodge redevelopment to request reduction or wavier of the fees. Stan Clauson, representing the applicant, stated this is the type of lodge project the AACP has envisioned for years, average room size below 300 square foot. The land use code provides benefits for this type of project, including the ability to develop free market residential along with the lodge. Councilman Romero asked if the applicant’s request for a decision at the second P&Z meeting was unusual. Ms. Adams told Council she had not seen that request before for a project of this size. Clauson told Council the project has been in front of the HPC for 4 meetings and 2 meetings with P&Z. This is coming up against the deadline for growth management applications and the process is a prerequisite for growth management. Councilman Romero asked about the discussion around the variance requests. Ms. Adams said staff expressed Regular Meeting Aspen City Council December 9, 2013 4 concerns in a staff meeting, to which the applicant was invited, about the size and compatibility with the neighborhood. Councilman Romero asked how much public interaction with the neighbors has taken place. Ms. Adams said staff has not received a lot of comments about the project from the neighbors. Councilman Romero said for the second reading, he would like some justification behind the requests for the variances, especially the cumulative size of the application and on the net residential size of the free market. Councilman Romero stated there is evidence that smaller residences are more vital and more accessible. Ms. Adams pointed out part of this request is rezoning, which is necessary in order to adopt a PUD plan. Staff supports this to clean up to the zoning as R-6 does not allow multi-family or lodge uses. Councilman Frisch asked if an applicant wanted to demolish the entire property and build free market condominiums, would they have enough square footage. Ms. Adams said she would have to look at the code; however, the LP overlay makes the calculations for what is allowed complicated. One would not be able to max out a 1:1 ratio for free market residential. Councilman Frisch asked if there was some communication lapse at HPC regarding the type of roof, flat versus gabled. Clauson said a flat roof made more sense for a contemporary design and HPC thought gabled roof was more historic. The applicants revised the design 4 times and at the last meeting, HPC agreed they like the flat roof better. Councilman Frisch asked staff’s concern with the free market residential units. Ms. Adams said it is both the size of the units and the overall floor area of the project. At second reading staff will outline how the floor areas affect each part of the project. Councilman Frisch said he would like to see redevelopment of a mid-sized, mid-price lodge approved. Councilman Daily said this is an exciting project for the community and this is the kind of redevelopment the Council and community wishes to incentivize within reason. Councilman Daily agreed with staff’s comments that this is a balance between incentivizing and preserving the residential mass and scale of the Bleeker street neighborhood. The maximum net livable unit size for the free market units appears to be 40% above that allowed by code. Councilman Daily stated although he supports the redevelopment and incentivizing it, it cannot be done in a way that injures the Bleeker street neighborhood. Councilman Daily said he could support reduction of the fees. Support of the entire project comes down to the scale of the 4 free market units and reducing that scale. Mayor Skadron stated he does not generally support fee reduction and is willing to hear arguments in their favor. Mayor Skadron said he is grateful for the city’s volunteer boards and for city staff. Council relies on input from both. Mayor Skadron noted he starts land use applications by reading the included board minutes. Mayor Skadron pointed out one of Council’s adopted guidelines is that tone and tenor matter. Mayor Skadron quoted from the P&Z minutes that “staff is moving the goalpost” “let’s get the hotel we want and make sure it’s not Regular Meeting Aspen City Council December 9, 2013 5 financially feasible” “it’s an issue of trust” “it seems you get a recommendation and then certain conversations happen with them and it seems like things are going in a certain direction and then they’re going to be supportive and then staff goes to a staff meeting and whatever they do in a staff meeting, it seems to result in some new negativity brought forward”. Mayor Skadron said it feels as if Council is posed with an us versus them or a take it or leave it attitude, that there has been a breakdown in the process. Clauson said there is an issue; those statements were not made casually or to be combative but because it has been an issue. Clauson told Council the applicants felt that the goal posts did move. Clauson said the applicants met with staff and felt there was an agreement, which agreement was taken to a staff meeting and then the applicants found that that agreement did not hold. Clauson told Council there were two different boards reviewing the same project. Staff makes the distinction that HPC reviews appearance, bulk and mass and P&Z reviews the numbers behind this. The HPC reviewed and approved the project, which should be sufficient for the compatibility with the neighborhood and the bulk and massing but the applicants continue to hear from staff it was not sufficient and P&Z were being asked to review numbers and was allowed to rework the situation. This was a frustrating process. Mayor Skadron noted Council is working on relationships with the community and not creating an us versus them and he is disappointed by reading this in the P&Z minutes. Mayor Skadron stated it is important to Council to have a collaborative working relationship. Councilman Daily said he wants to know how the mass and height is in scale with the structures on Bleeker street. Councilman Frisch moved to read Ordinance #51, Series of 2013; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE N0.51, (SERIES OF 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PLANNED UNIT DEVELOPMENT, SUBDIVISION AND REZONING APPROVAL FOR THE REDEVELOPMENT OF THE HOTEL ASPEN INCLUDING LODGING, MULTI-FAMILY FREE-MARKET RESIDENTIAL, AND AFFORDABLE HOUSING TO CITY COUNCIL FOR THE PROPERTY LOCATED AT 110 EAST MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Romero moved to adopt Ordinance #51, Series of 2013, on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Daily, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #112, SERIES OF 2013 – Adopting 2014 Mil Levy Regular Meeting Aspen City Council December 9, 2013 6 Councilwoman Mullins returned to Council. Pete Strecker, finance department, told Council this resolution adopts the mil levy for 2014. The city is required to certify the mil levy by December 15th. Strecker pointed out assessed valuation decreased 3%. The storm water revenue will be lowered about $6,000; the general property mil decreased 3% but because of the mil levy credit and more new construction than anticipated, the revenues will be up about $33,000. Steve Barwick, city manager, noted the city attempts to raise the same amount of money other than new construction so that property taxes remain much the same every year. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilwoman Mullins moved to adopt Resolution #112, Series of 2013; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE #50, SERIES OF 2013 – Wheeler Board Composition There have been no changes since first reading. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilman Romero moved to adopt Ordinance #50, Series of 2013, on second reading seconded by Councilman Frisch. Roll call vote; Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Councilman Frisch moved to adjourn at 6:10 p.m.; seconded by Councilman Daily. All in favor, motion carried. Kathryn Koch City Clerk