Loading...
HomeMy WebLinkAboutminutes.council.20120227 Regular Meeting Aspen City Council February 27, 2012 GEOTHERMAL TEST WELL PROJECT UPDATE 2 CITIZEN COMMENTS 2 COUNCILMEMBER COMMENTS 3 CONSENT CALENDAR 4 • Resolution #10, 2012 — Contract — Aspen Music School Pump Station 5 • Resolution #11, 2012 — Contract Trash & Recycle Cans 5 • Minutes — February 13, 2012 5 Aspen Ski Company — Request to Close Streets — Spring Jam 5 ORDINANCE #8, SERIES OF 2012 — Amending Title 26 5 ORDINANCE #19, 2011 — Aspen Walk (404 Park) PUD 7 ORDINANCE #2, SERIES OF 2012 — Historic Designation /Lot Split 117 —199 Neal Avenue 9 ORDINANCE #4, SERIES OF 2012 — Subdivision Amendment 320 Lake Avenue 10 ORDINANCE #3, SERIES OF 2012 — AACP Review and Code Amendments 11 1 Regular Meeting Aspen City Council February 27, 2012 Mayor Ireland called the meeting to order at 5:03 PM with Councilmembers Skadron, Torre, Johnson and Frisch present. GEOTHERMAL TEST WELL PROJECT UPDATE Lauren McDonell, Environmental Initiatives Program, reminded Council this project, which began in November 2011, was to explore the potential of geothermal energy in Aspen. The drilling reached 1,000 feet without detecting hot enough water and work was suspended December 12` for the winter season. Ms. McDonell said staff would like to resume work in April and is negotiating with the contractor on costs and details. Ms. McDonell said they hope to minimize effects on neighbors and on park users. Ms. McDonell told Council they took this request to the Open Space Board who voted unanimously in favor of it as long as it is complete by Memorial day weekend. The footprint will be the same as before, the work will occur between 8 AM and 7 PM, Monday through Friday, 9 AM to 5 PM on Saturdays. Noise will comply with the city noise ordinance; it did not exceed that limit during the first phase of the project and there were no complaints from the neighbors or public. When this is complete, the test well will have a flat locking lid similar to a manhole cap. This will not be converted to a production well but will only be for data collection. Ms. McDonell told Council staff has done public outreach and has a website for project updates. Ms. McDonell said told Council there have been questions about district heating systems and staff is researching what other communities have done with that. Sam Irvin, Environmental Initiatives Program, told Council city staff came to the site during the first phase and did decibel readings during the drilling process and it never registered over 80 decibels. Councilman Johnson suggested pushing the start date back as the first 10 days of April are still ski season. Councilman Frisch agreed the deadline is important so the public know when the project will end. Councilman Frisch also agreed mid -April to Memorial day is a better, shorter window. Mayor Ireland asked if staff knows how much a heating system would cost. Ms. McDonell said this is not known and cannot be determined until the temperature and pressure are known and what partnerships might be possible. Ms. McDonell said the cat study research also will help with costs. CITIZEN COMMENTS 1. Tim Reed brought up that the high school track is in such bad shape that home meets cannot be held there so that all track meets are away meets. Reed said this is a result of plowing to get snow off the field to get it ready for spring sports. Reed asked Council if they can help get this resolved. Mayor Ireland said the parks department said they have not done the plowing; the city manager will follow up on this. Councilman Johnson said the school district is working this; the track has deteriorated and is past its useful life and it needs to be replaced. 2. Steve Stunda brought up the Little Annie's decision and its effect on the affordable housing credit program. Stunda said after the approval for the Boomerang affordable housing 2 Regular Meeting Aspen City Council February 27, 2012 project, the city was sued by the neighbors. Stunda said the certificate program is intended to give private developers an incentive to create housing for local workers. Stunda said the Boomerang project was based on the understanding the city would not undermine the worth of the certificate program by approving the Little Annie's program and their affordable housing mitigation requirement and reducing it from 29 FTEs to 9 FTEs. This has damaged the market of the certificate program. The acceptance of the Little Annie project eliminates 20 housing units for employees and costs the community money. Stunda said inherent in the affordable housing certificate program was the incentive to allow private developers to come forward to build housing not required to mitigation. Tom McCabe, housing department, told Council staff is working on an RFP to do the cash -in -lieu study and to address the amount. Councilman Frisch said the value of the certificate program is based on the regulations adopted by Council and people should not buy and build these based on Council's actions. Councilman Johnson said the current cash -in -lieu number needs to be re- examined. The city has competing programs, like housing certificate program as well as the AspenModern program. Stunda stated he supports the decision about the Little Annie program but does not support the lowering of the requirement to house 29 FTEs to 9 FTEs. Stunda recommended the cash -in -lieu program be eliminated. 3. Tom Marshall brought up the bag tax and the ban on plastic bags. Marshall said it is not the right time to be adding a tax on residents and tourists. Marshall asked where the money collected will go. Marshall suggested raising the food tax refund to compensate. 4. Tom Isaac, 975 King street, thanked the city for delaying the drilling project until April 16 and suggested Council revisit the project when there is a concrete price to complete it and to look at what has been spent and how much it will cost to complete. Isaac said the city should commit to not going deeper than 1500 feet. Council requested Ms. McDonell go over the contract and the costs with Isaac. 5. Tom Marshall told Council he is certified to install geothermal and has installed two systems in houses in Aspen. Marshall said the best that can come out of the ground is 120 degrees and then electricity will have to be used to bring it up to the desired temperature. Marshall said complaints from people who have installed geothermal is the cost of the electricity to bring the water up to 180 degrees. Mayor Ireland said this is a good point and to approach this cautiously. COUNCILMEMBER COMMENTS 1. Councilman Skadron expressed sympathies to the Markalunas family and the Crandall families for deaths of Ramona Markalunas and Jack Crandall. 2. Councilman Torre brought up volunteerism and that many people do much great for the town and encouraged people to seek out volunteer opportunities. Volunteering takes little time and the reward comes back to the volunteer. 3. Councilman Torre stated he did not favor a bag fee but does favor a ban on bags. Councilman Torre reminded everyone this is a mandatory fee; however, people are not required to buy paper bags at the grocery store, they can take their own reusable bags. Councilman Torre 3 Regular Meeting Aspen City Council February 27, 2012 said the program starting May 1 contains both education and free reusable bags. The hotels will be taking care of their guests. Councilman Torre reported the grocery stores are looking into biodegradable safe option for the bags, so there will be options other than paying for paper bags. The program is more about participation than getting revenue. 4. Mayor Ireland said the Aspen High School basketball team is hosting regional finals in Aspen and if they win will attend the state finals on the front range. 5. Mayor Ireland said there is a charity fund raiser at Buttermilk this weekend. 6. Mayor Ireland thanked the Aspen Highlands patrol who lends people straps for their skis if they want to hike the Highlands Bowl. 7. Councilman Torre requested consideration of an emergency ordinance under first reading of ordinances. Council agreed. 8. Steve Barwick, city manager, requested the addition of an executive session at the end of the meeting to consideration negotiations. 9. Mayor Ireland announced the fluoride item will be put on the March 12` agenda and not on tonight's agenda. Councilman Skadron said Council has heard debates from both sides and asked how much more information is needed in order to make a decision. There is an abundance of information; Councilman Skadron stated he is sufficiently informed to move forward. Council agreed not to take public comment on this issue when it is on the agenda. 10. Jim True, city attorney, reported that the city clerk has found the referendum petition seeking the repeal of rezoning for the hydropower plant contains sufficient signatures. The deadline for protests to those petitions was 5 PM today; no protests were submitted. Staff will put this on the March 12 agenda for formal action by Council, which can be to repeal the ordinance or to schedule a special election. 11. Councilman Frisch reported the Nordic Council met at the golf course cross country ski area to look at location for trees to shade and to protect the trails. Councilman Frisch said the number one rated Nordic skier competed in the Owl Creek chase. Mayor Ireland congratulated Noah Hoffman for finishing second in a World Cup Nordic race in Europe. CONSENT CALENDAR Councilman Skadron asked about the Contract for the Aspen Music school pump station and why a staff recommendation and Council approval is required for a project that the city is overseeing with no financial obligation. Andy Roselli, water department, noted this project is on city property and the city will take ownership of the facilities as it is part of the city's water system; the project is being paid for by the Music Associates. Councilman Johnson stated he has to recuse himself for the Aspen Ski Company request to close the streets as he is an employee of the Ski Company and requested that be pulled so he can vote on the remaining items. Councilman Frisch asked how the parking is charged for when the 4 Regular Meeting Aspen City Council February 27, 2012 spaces are only being closed at 4 PM. Steve Barwick, city manager, told Council there is a fixed fee per day. Councilman Skadron moved to approve the consent calendar as amended; seconded by Councilman Johnson. The consent calendar is: • Resolution #10, 2012 — Contract — Aspen Music School Pump Station • Resolution #11, 2012 — Contract Trash & Recycle Cans • Minutes — February 13, 2012 All in favor, motion carried. Aspen Ski Company — Request to Close Streets — Spring Jam Mayor Ireland moved to approve the Aspen Ski Company requests to close the streets for spring jam; seconded by Councilman Skadron. All in favor; Councilman Johnson not voting, motion carried. ORDINANCE #8, SERIES OF 2012 — Amending Title 26 Chris Bendon, community development department, told Council staff drafted this at the request of Councilman Torre and it is changes to the commercial core and C -1 districts regarding height, floor area, free market residential uses and setbacks for mechanical spaces. Bendon noted this is being brought as an emergency ordinance which requires affirmative votes. If it passes at this meeting, a special meeting for adoption is scheduled tomorrow at 4 PM. Councilman Torre said at Council's discussion last week, there was an agreement to look at the land use code and that the maximum heights in the CC and C -1 are allowing buildings that do not serve the community. Councilman Torre said there is a way to work with the development community to allow slow and appropriate growth. Councilman Torre said this ordinance contains amendments to dimensional requirements calling for maximum height of 28 to 32'; smaller FAR of 2.25:1 instead of 2.75:1, free market is eliminated from uses in CC and C -1; any residential units approved prior to adoption of this ordinance would be non - conforming uses; and changes to the setback for rooftop mechanicals. Councilman Torre said the current third floor residential uses are not contributing to the vitality of the downtown. Councilman Torre said he would like to see a lowered allowable height that still allows 3 floors of development. Councilman Torre said he would like Council to adopt this in order to have a more thorough conversation tomorrow. Councilman Torre said he feels swift action is warranted in that recent applications are meeting the code and allowing for applicants to be villainized. The current code allows up to 52' by elevators and mechanicals. Councilman Torre pointed out the buildings on Hyman Avenue mall are 3 stories but are more in the 36' range. Councilman Torre stated it is fair for Council to adopt code amendments to let developers know what the community expects from applications and what Council could support. 5 Regular Meeting Aspen City Council February 27, 2012 Councilman Johnson noted the city is currently amending the Aspen Area Community Plan and adopting gap code amendments. Councilman Johnson said he does not want to adopt code amendments that have not been studied; the community is aware of the AACP process and the planned implementation of Council priorities. Councilman Johnson stated he does not see an emergency; there are not development applications piling up. Councilman Johnson said he would prefer to see some research on these proposed code amendments. Councilman Skadron stated what is important to him is establishing an effectual context for sound decision making, so the public and the development community know what is and what is not acceptable. Councilman Torre asked that Council support this so that they can have a conversation at a second reading; Council has been talking about reducing height for years. Councilman Johnson said 24 hours is not going to give him the time to get all the information needed to make this decision. Councilman Johnson said he feels there is time to do this within the existing Council schedule. Councilman Torre explained the reason for the 38' height limit was to allow "grand retail" with 14' high ceilings, which may work in CC but is not necessary in C -1. Councilman Torre said he would like to address small changes and it is fair to people who may be filing a land use application to know the direction Council would like to go. Councilman Torre reiterated he would like Council to have this conversation. Councilman Frisch said he will not support this ordinance but does agree there is a height problem in the commercial core. Councilman Frisch said he would prefer to follow the normal code amendment process. The Council had not adopted the AACP yet; there are proposed code amendments, there are priorities associated with the AACP. Councilman Frisch agreed he would like to spend the time working on land use code amendments. Councilman Frisch said one of the reasons the AACP process took so long is that the land use code does not match what the community wants. Councilman Frisch said he does not feel sound decision making gets done in 24 hours. Councilman Torre said he wants to prevent Council from having to review a code compliant project that does not fit the community's vision. Jessica Garrow, community development department, told Council P &Z reviews and makes a recommendation on land use code amendments; staff has this scheduled for March 20 in front of P &Z, and for first reading in front of Council March 26` Ms. Garrow suggested a special meeting April 2 " This is the fastest schedule to meet noticing requirements. Mayor Ireland asked what the impact would be of eliminated 3` floor residences in the commercial core. Bendon said staff's opinion is there is nothing wrong with residential uses within a building downtown. Bendon said Council concern is the effect of that use on the commercial core; speculation on residential development downtown can be so strong it can be the basis for a project as opposed to the commercial development. Bendon said the basis for a project in the commercial core should be to promote the health of the commercial district. Councilman Frisch said he would like information on how the ground floor retail pricing is set by the third floor uses. Bendon said for staff the residential uses raise questions about the premise of a project, the way it is designed. Staff is more focused on the motivation for the project and whether that will produce commercial space that helps the downtown. Councilman Torre said Council has said repeatedly they are uncomfortable with an allowable height of 52', the height of the Elks and the Wheeler. Councilman Torre said he is willing to 6 Regular Meeting Aspen City Council February 27, 2012 work on this between today and the second reading to make it palatable to council. Councilman Frisch said Council needs to start driving the agenda to get where they want and he does not favor doing things piecemeal. Mayor Ireland said Council could support the schedule as outlined by community development department; however, Council risks facing a land use application. Mayor Ireland said the message he has heard is that the community does not want 40' buildings on the south sides of the street. Mayor Ireland said a way to accomplish what Council wants is to remove the incentive from what they do not want to see in the commercial core. Councilman Torre moved to read Ordinance #8, Series of 2012; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #8 (Series of 2012) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO TITLE 26 — THE LAND USE CODE — OF THE CITY OF ASPEN MUNICIPAL CODE Councilman Torre moved to adopt Ordinance #8, Series of 2012, on first reading; seconded by Mayor Ireland. Roll call vote; Johnson, no; Skadron, yes; Frisch, no; Torre, yes; Mayor Ireland, yes. Motion NOT carried. ORDINANCE #19, 2011— Aspen Walk (404 Park) PUD Sara Adams, community development department, reminded Council this is subdivision and PUD reviews and a request to approve 5 years vesting. The issues expressed by Council have been mass, scale and compatibility with the neighborhood. The density has been reduced from 31 units to 26 units; there have been 3 iterations of architecture for the project. Since the last presentation, the applicant has reduced the floor area for the free market component by 2,176 square feet by opening up the distance between the two free market buildings and increasing the setback between Aspen Walk and Midland Park condominiums. The density and square footage of the affordable housing segment has not changed. The architecture has been refined by introducing more horizontal elements to bring the perceived scale of the project down. The applicants propose a lawn area at the King street terminus partially on private property and partially on the city's right -of -way. The project meets the underlying residential multi - family zone district except for one technical height variance above the parking ramp. Ms. Adams noted the project meets the review criteria for final PUD and for subdivision. Stan Clauson, representing the applicant, told Council the reduction of 2,176 square feet is equivalent to one unit; the applicants felt the reduction in the unit size, rather than eliminating one unit, is consistent with comments about units being more amenable to the existing community. The smaller units would be more attractive to permanent residents. The applicants addressed the "social dynamic" by adding public spaces /gathering spaces for both residents of the project and the general public. Clauson stated there is a reduction in both the real and the perceived mass the affordable housing remains at 12,031 square feet. Clauson said the applicants feel the creation of public spaces works on this parcel. The affordable housing is 7 • Regular Meeting Aspen City Council February 27, 2012 100% compliant with guidelines and has been approved by APCHA. Clauson said there are 25.75 FTEs on site and provision for 17.5 FTEs off site. This is a public /private partnership, something encouraged by the AACP. This project will provide a market for affordable housing credits. John Cottle, architect, told Council in designing this building, they tried to fit into this eclectic neighborhood as much as possible. Cottle pointed out the design is not repetitive and the sections move and have individuality. Cottle showed slides of how the massing has been adjusted, where the building is setback, where the pocket park is located, where the building is stepped back and where it has gotten smaller. Cottle pointed out an outdoor terrace as an amenity for the affordable housing and the courtyard space in between the buildings. Cottle showed where there has been height reduction, the increased space between the buildings and the step backs, the landscaping, and outdoor seating. Clauson told Council with this most recent change, the FAR is 1.18:1; the conceptual approval was 1.28:1. Clauson said the design respects the neighborhood; this is an opportunity to have two properties in need redeveloped. Councilman Skadron asked if the relationship between the private entity and APCHA is sound. Tom Smith, representing APCHA, told Council there is an amended development agreement between the developer and APCHA and sale of the property. Smith noted APCHA has the absolute right to approve any assignment of the development; APCHA is not obligated to convey interest in the property until the developer demonstrates they are prepared to commence construction, they pay PCHA $750,000, they have to provide a letter of credit demonstrating the ability to build the affordable housing, and the first c/o has to be for the affordable housing units. Councilman Skadron asked about current tenants who will be returning to the project or not. Tom McCabe, APCHA, said there are six tenants who could return, and there is a low probability that more than two will be able to qualify. There are some who would like to rent; there are no rentals units in this project; however, APCHA does control rental units and they could have first option on a comparable rental units based on their categories. Councilman Frisch asked about the costs of livability for the affordable housing units. McCabe said APCHA asked the developer to eliminate design items that would be on -going expenses and which would add to the monthly assessments, like elevators, and to use durable materials and to have individual boilers. Smith pointed out a provision was added to the contract regarding appliances and fixtures so APCHA will have explicit assurance that certain things will be provided of a certain quality and standards. Mayor Ireland opened the public hearing. Judy Kohlberg, Midland Park Place, commended City Council for not shying away from difficult issues that are crucial for the benefit of the community, like the land use code. Ms. Kohlberg noted if this presentation were the project one year ago, everyone would not have had to go through 9 Council meetings and neighbors suggested changes were adopted by the developer, like eliminating the roof top garden, breaking up the free market building with more distance between buildings and most recently reduced in the size of the free market building. Ms. Kohlberg pointed out throughout the process social dynamics and neighborhood compatibility has been issues. Ms. Kohlberg said the categories of replacement housing have changed to meet 8 r _ _ Regular Meeting Aspen City Council February 27, 2012 the financial needs of the project. This neighborhood is one of the last affordable middle income neighborhoods in Aspen. Ms. Kohlberg said she does not feel this development will keep the area and neighborhood vital. Mary Ellen Sheridan, property manager for this project, said the existing buildings need to be replaced and the location needs to be redeveloped. This is a great project and the changes have all been for the improvement of the project. Mayor Ireland closed the public hearing. Councilman Skadron asked if what is happening to the west end is being replicated in this area. Clauson noted the R -6 zoning in the west end does not allow multi - family development or to provide for affordable housing. This area is zoned RMF and allows redevelopment that would include affordable housing. Clauson said this proposal has an increase in the number of FTEs housed under the affordable housing program. Councilman Frisch said there is probably not a maximum size free market unit that would insure occupancy. Councilman Frisch said if this proposal disappears, this issue becomes what might replace it. Councilman Frisch said the applicants have listened to Council and made changes over the many meetings. Councilman Frisch said the housing portion mixes livability with affordability; this is a great location in which to live. Councilman Johnson moved to adopt Ordinance #19, Series of 2011; seconded by Councilman Frisch. Councilman Johnson said there have been improvements, like more open space, larger setbacks, smaller footprint, and the architecture. Councilman Johnson noted the livability for the affordable housing has improved, roof top decks are gone, there is improved storage, the parking situation is better, and there are balconies and decks. The notion of a public /private partnership is a good one; there will be 27.5 FTEs on site. Councilman Johnson said he feels it is time to approve this project for this area as it provides things Council wants for the community. Councilman Torre agreed there are benefits of the project; however, his fear is creating free market residential in this location that will not serve the community. Councilman Torre agreed the applicants have listened to Council's comments. Councilman Torre said the underground parking is a departure from the development of this area. Councilman Skadron said he will support this project; he does not know what else he could ask for to make it more palatable. Councilman Skadron said there is an element of reason that needs to be recognized. Mayor Ireland said he has mixed feelings and does not know if there is anything the city can do to reverse the darkening of neighborhoods. There are forces beyond the community that cause that trend. Mayor Ireland said it is frustrating to get 1% reduction at a time; however, people do give ground slowly. Roll call vote; Johnson, yes; Frisch, yes; Torre, no; Skadron, yes; Mayor Ireland, no. Motion carried. ORDINANCE #2, SERIES OF 2012 — Historic Designation/Lot Split 117 — 199 Neal Avenue 9 Regular Meeting Aspen City Council February 27, 2012 Amy Guthrie, community development department, noted this site currently contains a single family house and log cabin, which was moved into the city in the 1960's by the Benedicts to Stillwater ranch. In the 1990's, the applicant purchased the cabin and moved it to this location, restored the cabin and turned it into a voluntary ADU. The applicant has requested voluntary historic designation and a lot split with a 3,000 square foot lot so that the cabin cannot be substantially added on to. Ms. Guthrie told Council there are several different development scenarios, all of which add up to the same amount of development. Ms. Guthrie said the steep slope calculations have to be subtracted and HPC would like to award a 500 square foot bonus for preserving the cabin. There is 5333 of FAR in total that can be developed and allocated between the two lots. Ms. Guthrie reiterated all 3 options result in about the same development. The applicant will probably sell up to 3 TDRs to relieve development pressure on the cabin. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #2, Series of 2012, with option 1 and up to 3 TDRs; seconded by Councilman Skadron. Mayor Ireland said option 1 allows the least amount of development on the lot and allows sale of TDRs which would help defray the costs. Councilman Frisch said ADUs had their time and have not worked successfully and he would like to not approve anymore. Jeff Shoaf, applicant, said he likes the 3 options because it allows more flexibility. Shoaf noted there is little difference in the amount of square footage that would be allowed. Roll call vote; Frisch yes; Johnson, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #4, SERIES OF 2012 — Subdivision Amendment 320 Lake Avenue Amy Guthrie, community development department, said this proposal is to remove a condition of approval placed on a plat for this property from the 1980's. This lot was created through a subdivision process in 1987. During subdivision review, a lot of concern for the trees on this site and its proximity to Hallam Lake was expressed. Council created special setback requirements, especially for the cottonwoods. Ms. Guthrie said there is a proposed redevelopment for the property; it has received conceptual approval from HPC. The proposal is to demolish a non- historic addition to the house and replace it; part of the proposal is to move the house over on the site and in order to do that, the applicant requests the plat note be removed. Ms. Guthrie noted the cottonwood trees on site have declined; they are decayed and the parks department has issued a tree removal permit so the requirement for a special setback is no longer necessary. Any redevelopment will still have to meet the Hallam Lake setback. Mike Hoffman, representing the applicant, said the request is to amend a subdivision plat to allow the south side setback to conform to the R -6 zone district rather than a special setback. Hoffman said in the 1990's Ronnie Marshall requested a subdivision of her property into two parcels; this is a request for parcel 1. Hoffman showed the plat, the trees subject to the special setback. The applicants are proposing a revised plat. 10 Regular Meeting Aspen City Council February 27, 2012 Mayor Ireland opened the public hearing. Ellen Hunt, adjacent property owner, said they have huge setbacks on their property. Hoffman said this is a request only for the south side setback. Bill Hunt asked who owns this property. Hunt said there has been no discussion about replacement trees. Hunt said he would like to know more about this proposal. Mayor Ireland closed the public hearing. Councilman Frisch said everyone on the street will have the same setback; this is not granting anything out of the ordinary. Ms. Guthrie said this project will have to go back to HPC at a public hearing for design review. Councilman Frisch moved to adopt Ordinance #4, Series of 2012, on second reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Torre, no; Frisch, yes; Skadron, yes; Johnson, yes; Mayor Ireland, no. Motion carried. ORDINANCE #3, SERIES OF 2012 — AACP Review and Code Amendments Jessica Garrow, community development department, reminded Council this ordinance adopts the Aspen Area Community Plan and associated gap code amendments. The AACP is an aspirational document to guide budget and work programs for the city. There are chapters ranging from managing growth, the economy, the Aspen Idea, transportation, housing, child care and the environment, all broad issues faced by the community. The community development department has worked with city departments to make sure the plan represents important policy issues of all departments. Next week Council will be talking about implementation priorities for the entire plan. The AACP has been reviewed and passed by the city and county P &Zs November 2011. P &Z recommended this be a guiding document and staff concurs with this recommendation. Ms. Garrow stated it makes sense to amend the code to have clearer review criteria than "compliance with the AACP" and will put both staff and the review bodies in a better place to review development proposals. Ms. Garrow noted there are 16 specific areas where the code states "consistency with AACP" and staff recommends these be changed to reference specific review criteria to enable HPC, P &Z and Council to review mass, scale and compatibility of developments. Ms. Garrow told Council the intent of the gap code amendments is to make sure Council retains its existing authority and to clearly outline the ability to review mass and scale. Ms. Garrow pointed out the ordinance adds a neighborhood outreach component to the review process based on the Wienerstube lawsuit where Council requested the applicant do more extensive public outreach. This ordinance will require all projects subject to Council review to have an enhanced neighborhood outreach; staff felt projects subject to Council review was an appropriate point to have this outreach. The ordinance also amends the call up provision from a notice of a decision made by P &Z or HPC related to commercial design review based on the record to a de novo call up. Council has 3 options when they decide to call up a project; accept 11 Regular Meeting Aspen City Council February 27, 2012 the decision, remand it back to the initial review board, or continue the meeting to receive additional information. Ms. Garrow noted the code amendment states all conceptual commercial design project are subject to the call up; currently the call up is at final and it makes more sense to do this at conceptual. This notification will be put on a Council agenda and a Council person has 15 days in which to call up that decision. Chris Bendon, community development department, stated it is good governance when Council calls up a project t when they don't agree with the decision and remand it back to the original board. This will enable a board better understand how to serve the community rather than getting into a loop between the review board and Council. Mayor Ireland opened the public hearing. David Corbin, Aspen Skiing Company, said many people have worked on the AACP over the last 3 years. He asked Council to adopt the AACP as written without amendment or riders, and then that Council move expeditiously toward code revisions. Corbin agreed it is time to address the land use code. Corbin said there are important action steps in the managing growth section that address the tourist based economy and looking at height and mass and to deal with Aspen's future in a comprehensive and well informed manner. Ms. Garrow submitted comments from ACRA into the record. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #3, Series of 2012, on second reading; seconded by Councilman Torre. Councilman Johnson moved to amend the ordinance to use the term affordable housing in place of "community workforce house"; seconded by Councilman Frisch. Councilman Johnson noted the term community work force house is an industry term not in use in this area and it was not discussed by P &Z. All in favor with the exception of Councilman Torre, motion carried. Council brought up P &Z member's L.J. Erspamer's request to change "compatible" with the neighborhood to "consistent" with the neighborhood. Bendon said he feels the word compatible allows more latitude and noted Aspen Walk as an example of a neighborhood that has one of everything and it would be difficult to be consistent with that neighborhood. P &Z had a lot of discussion around changing this and agreed to stay with compatible. Council agreed. Bendon noted Council has a work session March 5 to prioritize all initiatives in the AACP and can bring up any not in the plan. Ms. Garrow said other land use code amendments can be adopted by Council outside this ordinance. Ms. Garrow noted the introduction to the plan says the statements are guiding, they provide direction for future code changes and they require follow up and prioritization by the elected officials. Councilman Torre stated the AACP should maintain regulatory status rather than be a guiding document. Councilman Torre said he would like to have seen more land use code amendments as part of the plan. Councilman Torre noted this is not really Council's plan; however, 12 Regular Meeting Aspen City Council February 27, 2012 Councilman Torre said he will support the plan and the work that has gone into it. Councilman Torre said he did not think P &Z should have been in charge of every chapter, only those that they oversee. Councilman Skadron said before being on Council when he first read the AACP, the important thing to him was that the document was accessible, easy to read and easy to understand and captured the community spirit. Councilman Skadron said this iteration seems to lack the human element; it feels too academic. Mayor Ireland pointed out the time surrounding the 2000 AACP was very much different than 2012, social, demographic and economic and the issues are much more complex. Councilman Frisch said the basic ideas have not changed, like most people want small town character with compatible buildings. Councilman Frisch said the AACP should be about what the community wants rather than how do we do it, which should be in code amendments. Roll call vote; Frisch, yes; Torre, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. Councilman Torre moved to go into executive session at 10:15 PM. Pursuant to C.R.S. 24-6 - 402(4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; seconded by Councilman Johnson. City Attorney Jim True said the subject of the negotiations cannot be made public. All in favor, motion carried. Councilman Torre moved to come out of executive session at 10:30 PM; seconded by Councilman Johnson. All in favor, motion carried. Councilman Torre moved to adjourn at 10:30 PM; seconded by Councilman Frisch. All in favor, motion carried. % athryn Koch City Clerk 13