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HomeMy WebLinkAboutminutes.council.20140317Continued Meeting Aspen City Council March 17, 2014 1 Mayor Skadron called the special meeting to order at 5:05 p.m. with Councilmembers Frisch, Romero and Daily present. Mayor Skadron introduced Rolando Galli, Abetone, Italy. Abetone and Aspen are working on a sister city relationship ORDINANCE #51, SERIES OF 2013 – Hotel Aspen PUD/Subdivision Sara Adams, community development department, reminded Council at the last meeting, March 10th, the applicant proposed a reduction in height and floor area to the westerly free market residential unit and a slight decrease to the floor area. Ms. Adams said this proposal requires Council to find that the PUD review criteria are met, that the project is balanced and there are appropriate trade offs for the dimensional variances requested. Ms. Adams said there has been concern about the overall site and staff finds that the reduction of just one building does not meet the compatibility criteria. Ms. Adams stated this is a good project that will benefit the community by updating and adding lodge rooms. Ms. Adams said staff has two options for Council and the applicant to consider; (1) reduce height of the middle free market unit as well to 25’ which meets the underlying zone district, (2) reduce height of the middle unit to 25’ in the front of the building and 31’ on the back of the site. Ms. Adams stated staff does not support the option presented by the applicant at the last meeting where only one free market unit was lowered and had less floor area. Stan Clauson, representing the applicant, reminded Council last week the applicant presented a change moving the westerly unit’s floor area into the sub grade, creating separation and reducing the height of the unit to 25, which meets the R-6 height requirements. The other two units were unchanged at that time. Clauson said option 1, reducing the other unit, would eliminate net livable and the ability to have the incentive provided by the land use code. Clauson said option 2 could be a possibility with 25’ on the first half of the building and a third story on the rear. Clauson noted the hotel portion of the project has been brought forward 5’, still conforming to the height and setback limits, to provide slightly larger rooms on the third floor. The variance requested under the PUD is cumulative floor area, 2600 square feet over the special review maximum. Clauson pointed out there are 4 elements of this development; 54 lodge units at an average size of 300 square feet, 2000 square feet of affordable housing, residential component, and the amenity space for the hotel, all of these made up the cumulative floor area. The free market component allowable in the code is intended to be the incentive for a lodge project. The lodging is within the special review maximum; free market residential is under the allowable floor area; there is no variance requested for the affordable housing. The lodge units are consistent with the average unit size at 300 square feet; the residential unit size is 4400 square feet a piece and is an appropriate configuration in 3 separate units. Councilman Romero asked Continued Meeting Aspen City Council March 17, 2014 2 about eliminating some or all of the affordable housing units. Clauson reminded Council the discussion has been focused on the residential units on Bleeker street. Removing affordable housing square footage would not change the residential size. The affordable housing is incorporated into the lodge building. Councilman Daily questioned the references to special review and how is it incorporated into the process. Ms. Adams said the issue is the base line being used to compare the numbers; in a PUD review, one has to figure out where the variations are compared to what is allowed in the underlying zone district. The MU zone allows certain floor area increases by going through special review at P&Z. In a PUD process, which this project is required to go through, there is no need for special review because the PUD establishes the dimensional requirements. Special review is similar to PUD but less detailed; special review for this project did not happen nor is it required. Mayor Skadron said he has worked on some formulas that would result in increased lodge rooms as well funds to finance a redevelopment at a depth to cost ratio, which Council can discuss at the lodge incentive work session. Mayor Skadron said this project will result in more cold beds than beds added to the lodge inventory. Mayor Skadron stated an unintended consequence of the lodge incentive program is an immediate return of free market development rather than a long term return of a hotel operation. Mayor Skadron said it is the role of the city to make an effort to get more lodge rooms through the incentive program. Mayor Skadron stated this proposal does not satisfy the review criteria; the appropriate balance between incentivized lodge redevelopment and preserving the residential mass and scale has not been maintained. Mayor Skadron said the cost of building an entire hotel contains efficiencies that are lost when a hotel include free market footage. Councilman Daily said the lodge project is creative and ambitious and something in the best interest of the community. Councilman Daily said his issue is to meet the minimum contextual criteria required of the free market and the neighborhood. Councilman Daily pointed out the proposed floor area is about 35% above what is allowed in the MU zone for the free market and 22% above what is allowed in the MU for the lodge portion. Councilman Daily stated if one is talking about context for PUD considerations, you have to start with what is allowed in the R-6 zone as the residential neighborhood is R-6. The R-6 zone would allow two single family homes of 2,000 square feet livable each, total 4,000 square feet. This proposal is 10,000 square feet, which is more than double what would be allowed. Councilman Daily stated the staff options do not go far enough. Councilman Daily reminded Council his suggestion was all 3 units should be reduced 700 or 800 square feet for a total FAR reduction of 2,000 square feet leaving 8400 square feet above grade and double what is allowed in the R-6 zone but is more representative of the neighborhood. Councilman Daily said the project has to be buildable, affordable and financeable and last for years. Councilman Daily stated his view on the appropriateness of the project has not changed since the last meeting. Continued Meeting Aspen City Council March 17, 2014 3 Councilman Daily said he also will not support any further reduction in underground parking spaces. Clauson pointed out 6,000 square foot lots are generally the lot size for development in the west end and that allows 3240 square feet floor area and equates to a larger net livable of 4500 to 500 square feet. This would result in over 10,000 square feet. Clauson said the LP overlay would allow a two or three story lodge to be developed along Bleeker street. Clauson noted the easterly unit which is full height is only 1’9” larger than the R-6 and allows for a third story. The land use code provides on this parcel for the proposed amount of hotel development, 60% residential free market. Mayor Skadron said a hotel built at 27,000 square feet with 300 square foot rooms, subtracting the common space necessary would result in 70 hotel rooms. With a lodge incentive program, the city should be doing all possible to incentivize hotel rooms and not driving people to be residential developers. Clauson pointed out this would require a hotel building along Bleeker street, not residential units. Clauson said this type of hotel development is not financeable. Brown said the code amendment on lodge incentives depending on experts and using real scenarios came up with what it would take in order to finance lodge development. Brown pointed out nothing new has been built with the lodge incentive in place. Councilman Romero said in the Aspen Area Community Plan most recent update, which took 4 years, one of the quality of life statements is trying to maintain a visitor-based economy and to affirm Aspen is a tourist-based economy. One of the key ingredients of a tourism-based economy is the bed base with a range of accessible rooms, inexpensive to luxury rooms. Councilman Romero said Aspen has lost many tourist beds. A consistent message through the AACP update is the need to protect the bed base, especially in the small lodge category. One of the goals of the AACP was to “minimize the further loss of lodging inventory”. Councilman Frisch agreed there is concern about protecting the west end and also losing too many hotel beds. Clauson stated the free market units will not be the end of the west end; they are attractive units that will contribute to the quality of the west end. Clauson urged Council to think about the land use code in place, the incentives that are in place, and adhere to those. Council took a 5 minute break. Ms Adams told Council the applicant has agreed to amend the proposal to have all 3 of the free market residential buildings be 25’ in height – the maximum height allowed in the R-6 zone, which allows a two-story building. HPC will review the roof forms when they review the project for final design. Councilman Daily asked the proposed floor area for all 3 buildings. Clauson said the floor area will be the same for all 3 buildings. Ms. Adams said the allowable floor area will be 8400 square feet down from 9700 square feet. Mayor Skadron opened the public hearing. Continued Meeting Aspen City Council March 17, 2014 4 Greg Irwin said this project should be in compliance. Carolyn Landis said she likes the 25’; she does not want to lose the lodge as it is much needed. Maurice Emmer said he supports the lodge project as Aspen needs lodges; however, there is value in saying “no” and it takes saying no to get to yes. Emmer said there is a code and developers should come in with projects that comply rather than have meeting after meeting. Junee Kirk said the context of the lodge is not in character with the neighborhood at three stories and Council should not approve the application. Ms. Kirk said there is no cross section of elevations or overlays in the file. Ms. Kirk said this building should fit in with the context and style of the neighborhood. Loretta Durose, owner of a lodge on Long Island, said the code is law and Council is being asked to break the law; laws are there for a reason and it is Council’s job to enforce them. David Bentley said this is a case of gigantism and it is very inappropriate for the neighborhood. Sheryl Goldenberg said other neighborhoods are upset over the variances and it is not fair to give developers variances. Bert Myrin handed out a proposed ordinance containing dimensional requirements which are similar to those Council is considering adopting, like two story on the residential buildings and reduction of the cumulative floor area. Myrin suggested if more underground parking spaces are lost, these could be recaptured by changing the parallel parking on Garmisch to head in. Myrin said Council should send the message that applicants must adhere to the code rather than go through 18 months of meetings with a project that does not meet the code. Marcia Goshorn said she appreciates the developer going to two stories on the residential units so they fit better in the neighborhood. Ms. Goshorn said codes should be written to specify exactly what would be allowed so that negotiating sessions are eliminated. Ron Domain, 114 East Bleeker, said the yellow brick is a great amenity and has been a great ambassador for Aspen. Domain said he would like to see a physical representation of this, like story poles. Domain said he understands variances have to happen and he would like to know what benefit they are bringing to the community. Joanie LeBac congratulated everyone for listening respectfully and to the applicant for their good will. Cynthia Milling said she is excited about this project and it will help Aspen in the long run. Mary Hayes said approving this will set a dangerous precedent for the community. Mayor Skadron closed the public hearing. Clauson said the applicants are going along with the reduction in height and floor area on the 3 residences and they will be conforming in height and have a 2 story quality. Clauson said the parallel or head in parking is not their request. This is city property and is a request of the engineering department, although the applicants would prefer head in parking. Trish Aragon, engineer, told Council head in parking is the number 1 cause of accidents. This area is important because of its proximity to bus stop and to the yellow brick. The city needs to make sure the parking is designed in a safe manner. Continued Meeting Aspen City Council March 17, 2014 5 Mayor Skadron brought up the fee waiver request of $91,000 for parks and transportation demand management. Mayor Skadron pointed out neither city department supports the request for fee waivers. Affordable housing is fully mitigated on site. Councilman Frisch said he would like the applicants to pay those fees. Councilman Romero said he is okay with waiving the fees. Clauson stated the applicants are taking a financial hit on the free market units and the fee waivers would be helpful. Councilman Daily said it is not a large number in the context of things and he would like the fees paid. Mayor Skadron stated he does not support fee waivers. Mayor Skadron said if this moves forward at this meeting, there seems to be a final review Council is not getting and there isn’t a clear picture of what will be on the site and there will be minimal impact on the west end. Ms. Adams pointed out Council is deciding the dimensional requirements, mass height, floor area, setbacks will be adopted in a site specific approval. If Council approves the project, P&Z will conduct a growth management review to calculate the affordable housing and how it is mitigated; HPC will conduct a final design review on materials, window sizes, landscaping, etc. Both those meetings will be public hearings and noticed in the paper. Councilman Frisch said his concern is to make sure Aspen retains its small town character while realizing tourism is an economic driver. Councilman Daily said he appreciates the applicant’s willingness to listen to Council. Councilman Daily said he would like the 3 buildings to appear different from each other. Councilman Romero moved to adopt Ordinance #51, Series of 2013, amended that the 3 free market residences comply with the 25’ height limit in R-6 zone and comply with the 8400 square feet of FAR as represented by the applicant and that the request for fee waivers is denied; seconded by Councilman Frisch. Ms. Adams pointed out the maximum cumulative floor area will be reduced by the reduction of the free market residential. Councilman Romero amended his motion to include the maximum cumulative floor area be reduced to 35,500 square feet and that HPC will review the roof forms during final review; seconded by Councilman Frisch. Mayor Skadron thanked the applicant for the concessions and the public for their comments. Mayor Skadron stated he will vote against this as he is concerned about the precedential nature of it and that the appropriate balance between lodge incentivization and preserving the mass and scale of the neighborhood was satisfied. Roll call vote; Councilmembers Romero, yes; Daily, yes; Frisch, yes; Mayor Skadron, no. Motion carried. Continued Meeting Aspen City Council March 17, 2014 6 Councilman Daily moved to adjourn at 7:25 p.m.; seconded by Councilman Romero. All in favor, motion carried. Kathryn Koch City Clerk