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HomeMy WebLinkAboutminutes.council.20190624Regular Meeting Aspen City Council June 24, 2019 1 SCHEDULED PUBLIC APPEARANCES – Black Diamond Award ......................................................... 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCIL COMMENTS ............................................................................................................................. 2 AGENDA AMENDMENTS ........................................................................................................................ 3 CITY MANAGER REPORTS ..................................................................................................................... 3 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #71, Series of 2019 – Contract for Burlingame Ranch Phase 3 Affordable Housing Community Outreach, Design and Engineering ........................................................................................... 4 Resolution #70, Series of 2019 – Contract for Community Outreach and Initial Conceptual Designs for Lumber Yard Housing Project ................................................................................................................ 4 Resolution #51, Series of 2019 – Water Place Phase II Architectural Team Contract – 359 Design LLC 4 Resolution #72, Series of 2019 – Water Place Phase II – Construction Manager as Advisor Concept One Group ..................................................................................................................................................... 4 Minutes – June 10, 2019 ....................................................................................................................... 4 NOTICE OF CALL UP – notice of HPC approval for Substantial Amendment including building relocation and Variations at 135 E Cooper Avenue ...................................................................................... 4 ORDINANCE #16, SERIES OF 2019 – 981 King Street – Minor Subdivision Amendment – removal of AHU .............................................................................................................................................................. 5 ORDINANCE #2 AND #15, SERIES OF 2019 – Re-adoption of the updated Construction Management Plan Requirements, Re-adoption of the Water Distribution Standards, Re-adoption of the Engineering Standards and other amendments to Title 21 and Title 29 ............................................................................ 6 RESOLUTOIN #67, SERIES OF 2019 – 610 E. Hyman Ave. Extension of Vested Rights ........................ 7 RESOLUTION #54, SERIES OF 2019 – 411 E. Hyman Avenue – Extension of Vested Rights .............. 10 Regular Meeting Aspen City Council June 24, 2019 2 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mullins, Hauenstein and Mesirow present. SCHEDULED PUBLIC APPEARANCES – Black Diamond Award Mayor Torre said we have one scheduled public appearance. It’s an award to give out. Tyler Christoff, utilities, said we have a black diamond award to recognize staff that demonstrated commitment to core values and made contribution outside their job duties. This award goes to Laura Taylor. There is a single individual responsible for the health and safety for the water system, operator responsible in charge. Laura provided a viable solution during the regular operator’s absence. Laura Taylor, utilities, said I really care greatly about the quality of Aspen tap water. We have a great team that works around the clock 365 days a year. She thanked the entire treatment team. CITIZEN COMMENTS 1. Bill Stirling stated he had written a letter, on June 19th for the Board of Adjustment meeting. Staff deemed 777 Gibson Avenue to be a legal lot. It is very narrow, steep and busy with walkers and bikers using the trail. The BOA did their job last week and accepted staff indicated it is a lot with legal status. R30 and R15 zoning, setbacks anywhere from 15 to 25 feet. If it is deemed to have hardships it is eligible for variances. The BOA deemed it had hardships. It got created because it is a remainder lot. Perhaps the BOA could have directed staff further investigate the legality of an odd parcel. Instead they accepted it as a parcel. The applicant purchased the property for a pretty low price. I think it would be worth the council to investigate this further and possibly buy the owner out. That number could be somewhere in the $800,000 range. I think there will be lawsuits from the surrounding land owners. This could create a visual park. We have a number of parcels that are active open space and passive open space. He asked council to take this under consideration. Jim True, city attorney, said this is not subject to call up but perhaps subject to appeal that could come to council. Also possibly subject to litigation. We are within appeal timeframe. Note that Mr. Stirling made similar comments at the BOA and they have been relayed to parks. I think this has and certainly will be seen by council at one way or another in the future. Councilman Hauenstein said I have problems devoting staff time and injecting the city into a private real estate transaction. Councilwoman Mullins asked if there is a question of it is a legal lot. Mr. True said I’ve looked at it carefully and don’t think there is question as to whether it is a legal lot. There are a lot of other questions associated with this. It is complicated. 2. Lee Mulcahy said APCHA employees are under the supervision of the city manager and paid by the city of aspen. He asked for a work session on his eviction. He also spoke about the new public comment policy adopted by APCHA. 3. Toni Kronberg compliment Jim Horowitz on the great Jazz Aspen festival. Asked when Tracy the new communications director will start and what will her job responsibilities be. She sent a letter to the EOTC, Dave is doing a great job. She also talked about safety on Mill Street. Rio Grand place is dangerous. It got narrower because of the city offices. COUNCIL COMMENTS Councilwoman Mullins said welcome to summer. Rachael and I went to the CML annual meeting last week. It is extremely valuable the information we can bring back to council. Tomorrow the fire department is starting risk assessment audits. Call the fire department for more information and how to mitigate the risk for wildfire. The 4th of July parade is next weekend. We want to jumpstart the climate action plan. We asked staff to look into a benchmarking ordinance. Bike to work day is Wednesday. Regular Meeting Aspen City Council June 24, 2019 3 Councilman Hauenstein said he attended the 2019 energy code conference and there are federal funds available for fire mitigation. He said he would like to brief the rest of council at a work session on the conference. He said he is going to follow his daughters lead and write our state and federal representatives regarding the separation of children from their parents at the border. He encouraged everyone else to do so. Councilman Mesirow said he is a huge fan of the Aspen Institute. Ideas fest just started and there are over 80 public events at $20 each. Thank you for opening it up to everyone. Councilwoman Richards said she wanted to comment on the information packet. She asked since the community survey update will go out soon would it be valuable to see the questions that are being asked. I understand the value of continuity, but we also have changing circumstances and changing the questions could help inform our work. She asked to have it added to a work session. Mayor Torre said food and wine came and went. It was a wonderful party and great event but I think we can still up our game. He would like to see them greening even more. Congrats to Theatre Aspen for starting the summer season. 70 years for the music festival and school. The theme is being American. Jazz this weekend was great. Shout out to Caribou Club and Hops for starting composting. Bike to work day is Wednesday 7 to 10am meet in Paepcke park. I would like to see us creating more community events. Marolt and Thomas open space open house, tomorrow at 4:30. We are looking for citizen input. Summer day soiree 10 to 2 at senior center. Councilwoman Mullins said the Bauhaus ball was well received and a lot of fun. It is a great conversation to put together these things that bring us together AGENDA AMENDMENTS Items VI.E and VIF will be pulled and rescheduled for the next regular meeting. CITY MANAGER REPORTS Sara Ott, city manager, said in 2017 the city was a recipient for wildfire mitigation grant funds. We will continue to pursue that. She is working with the retreat facilitator on firming up the agenda. BOARD REPORTS Councilman Mesirow said he sat in on the APCHA meeting last week. Redlining the procedures, some of what are currently in process. No decisions or votes. Is it workforce, affordable, community housing or something else. The board wanted a broader community discussion. Also a discussion on what is considered an employee. They talked about the issue of trusts and how to deal with it. How should we think about AMI. Mayor Torre said the Board of Health held a conference call last week to discuss child care and school inspections. Currently the county has been conducting these. Decided it would be given back to Denver health. I think we should hold on to it until we know more. There is a lack of clarity and cooperation from the state. CONSENT CALENDAR Councilwoman Richards moved to approve Resolution 51 and 72 and the minutes; seconded by Councilman Mesirow. All in favor, motion carried. Regular Meeting Aspen City Council June 24, 2019 4 Reso #71 – BG III design and engineering. Councilman Mesirow said he spoke with Chris already. Within the contract there is a lengthy timeline for community engagement. I want to get it right as quickly as we can because we need doors. I want to make sure we recognize flexibility so we can press fast forward without wasting time and money. Councilman Hauenstein said we need to pay particular attention to public outreach. I want it to be open. We can have a process but not force people to participate in it. It is a balancing act. It is important we are good listeners and fully accept public input and engagement. Councilwoman Mullins is satisfied 6 months is good for a project this size. Mayor Torre said this is a contract for Burlingame Phase 3. This is for outreach, design and engineering. We already know the basic scope is 79 condominiums. This is starting the community discussion. Reso #70 – Lumber Yard Councilman Mesirow said let’s be able to move with the punches to get the right results expeditiously. In talking to several developers about the timeline I’m concerned it is significantly longer than it needs to be. I have a real concern about the loss of the lumber yard in this process. He wants to make sure we are addressing that with the community. Chris Everson, asset, said we do plan on involving the current lumberyard operator in the process. They have expressed a desire to be involved in that. We will make that a topic of the community outreach process. Councilman Hauenstein asked is 2025 for the lumber yard lease. Ms. Ott replied 2025 or 2023. Mr. Everson said it expires July 31 of 2025. We can terminate prior to that with 30 months notice. Councilman Hauenstein said that land was purchased for housing. Mayor Torre said this is the beginning process for the lumberyard. It is just the start of the project. We are approving the contract for the initial design. Toni Kronberg said we need to be mindful that we have appropriate access. Councilman Hauenstein said that is in the contract. Councilwoman Mullins said a longer time for the community is necessary. It may not be appropriate to have this 100% housing, it may be a mix of uses. This could be a really exciting project to move forward as long as we are open. It will be wide open for a while. There needs to be a lot of vetting of the different uses. Councilwoman Richards asked to talk about the AABC in a larger sense at the next joint BOCC meeting. Councilwoman Mullins moved to approve Resolution 71 and 70; seconded by Councilman Hauenstein. All in favor, motion carried. • Resolution #71, Series of 2019 – Contract for Burlingame Ranch Phase 3 Affordable Housing Community Outreach, Design and Engineering • Resolution #70, Series of 2019 – Contract for Community Outreach and Initial Conceptual Designs for Lumber Yard Housing Project • Resolution #51, Series of 2019 – Water Place Phase II Architectural Team Contract – 359 Design LLC • Resolution #72, Series of 2019 – Water Place Phase II – Construction Manager as Advisor Concept One Group • Minutes – June 10, 2019 NOTICE OF CALL UP – notice of HPC approval for Substantial Amendment including building relocation and Variations at 135 E Cooper Avenue Mayor Torre recused himself. Jessica Garrow, community development, said HPC just made a decision and council can call it up to have a future discussion on. This is the 2nd time council has seen this project in a notice of call up. The property transferred ownership a few months ago and additional work was needed. The call up is related to the relocation of a historic building. Councilman Hauenstein asked what was the date it came before council previously. Ms. Garrow replied mid last year. Councilwoman Mullins said it is not a permanent Regular Meeting Aspen City Council June 24, 2019 5 relocation. Ms. Garrow stated just during construction. HPC approved this 6 to 0. Councilwoman Mullins said she is fine with it not being called up. Councilman Hauenstein said staff recommended continuation. Ms. Garrow said we had suggestions related to some of the design aspects. HPC disagreed and felt it met all the guidelines. Councilman Hauenstein said our action is do we want to call it up to come before council. We could send it back to HPC. Councilwoman Richards asked what are the substantial amendments. I’m fine with the temporary relocation. Ms. Garrow said it meets the requirements for the floor area. Because there is a more extensive demolition of the basement that is what pulled it to a substantial amendment. There are some above grade changes in materials. Some of the buildings are slightly different on the site. Councilwoman Richards said I don’t know that we need to call it up in full. Councilwoman Mullins said we are just considering the relocation for the call up. We already looked at it and supported HPCs decision. Ms. Garrow said that is the piece that is subject to call up. She suggested discussing call ups at a future work session. For this case the decision is would you like to call up the temporary relocation. Councilwoman Richards said she is fine with that. Councilman Hauenstein said he hears three voices to not call it up. This will not be called up. ORDINANCE #16, SERIES OF 2019 – 981 King Street – Minor Subdivision Amendment – removal of AHU Kevin Rayes, community development, said this request is to amend an Aster subdivision agreement for 981 King. The Aster subdivision consists of four lots. Each lot was approved with a duplex. Half of each duplex must be deed restricted for an affordable housing unit. The proposal is to redevelop the duplex with a single family home. As part of that the owner is requesting removal of onsite affordable housing through purchase of credits. APCHA reviewed this in April and unanimously recommended denial of this request. Staff also recommends denial. Although both recommend denial, we are requesting approval of the ordinance on first reading and a public hearing for July 22nd. Councilman Hauenstein asked did this come before council to change the category. Ms. Garrow replied that was a different property. Councilwoman Mullins said this is really complicated. She thanked staff for the memo. Councilman Hauenstein asked if this affordable housing is currently rented and under APCHA control. Ms. Garrow said we can get in to that at the public hearing. Councilman Hauenstein asked if it is category one. Mr. Rayes replied two. Councilman Hauenstein asked what are the ground rules of discussing this outside a public meeting. Mr. True replied it is inappropriate. Councilwoman Mullins moved to read Ordinance #16, Series of 2019; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO. 16 (SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING MINOR AMENDMENT TO THE ASTOR SUBDIVISION FOR THE PROPERTY COMMONLY KNOWN AS 981 KING STREET, LEGALLY DESCRIBED AS LOT 4, ASTOR SUBDIVISION, ACCORDING TO THE FIRST AMENDED PLAT THEREOF RECORDED JUNE 28, 1994 IN PLAT BOOK 34 AT PAGE 86, PITKIN COUNTY, COLORADO Councilwoman Mullins moved to adopt Ordinance #16, Series of 2019 on first reading; seconded by Councilman Mesirow. Roll call vote. Councilmembers Mesirow, yes; Richards, yes; Hauenstein, yes; Mullins, yes; Mayor Torre, yes. Motion carried. Regular Meeting Aspen City Council June 24, 2019 6 ORDINANCE #2 AND #15, SERIES OF 2019 – Re-adoption of the updated Construction Management Plan Requirements, Re-adoption of the Water Distribution Standards, Re-adoption of the Engineering Standards and other amendments to Title 21 and Title 29 Trish Aragon, engineering, stated this is a re-adoption and update to standards of construction mitigation and water distribution standards. Part of the 2019 work plan was to implement community and council priorities and have a safe community. Title 21, 25 and 29 will be updated to clarify the appeal process of engineering permits. There are minor modifications to reflect inclusion of the CMP, water distribution standards and engineering standards. The CMP will be relocated to title 29. Enforcement policies will be adopted in title 29. The proposed engineering standards are a combination of the current standards and construction and excavation standards. They have been updated to reflect current industry standards and reflect community feedback. Tyler Christoff, utilities said the water distribution standards are updated by ordinance 15. The last updated was in 2014. We are proposing to update and reformat to be more user friendly. This will bring continuity between standards. Councilwoman Richards said this is very dense reading. On the CMP, do we have requirements on how garbage and food on site is disposed of to avoid bears. Ms. Aragon replied yes, we require bear resistant trash cans. There are construction mitigation officers to oversee the sites. Councilwoman Mullins said she was looking for redlines. She asked for a redline copy. Mayor Torre said this was so much information and not in a form to easily see the changes. Councilman Hauenstein moved to read Ordinance #2, Series of 2019; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 2 (SERIES OF 2019) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DELETING CHAPTER 8.56 OF THE ASPEN MUNICIPAL CODE OF THE CITY OF ASPEN – CONSTRUCTION MANAGEMENT PLAN AND DELETING AND REENACTING TITLE 29 OF THE ASPEN MUNICIPAL CODE WITH MODIFICATIONS INCLUDING THE ADDITION OF THE PROVISIONS OF CHAPTER 8.56 INTO THAT TITLE. Councilwoman Richards moved to adopt Ordinance #2, Series of 2019 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Mayor Torre, yes. Motion carried. Ordinance 15 Councilwoman Richards said would things like the water conservation plan be different than the distribution standards. Mr. Christoff replied correct, this is primarily around distribution and delivery. Councilwoman Richards moved to read Ordinance #15, Series of 2019; seconded by Councilman Mesirow. All in favor, motion carried. ORDINANCE NO. 15 (SERIES OF 2019) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 25 OF THE ASPEN MUNICIPAL CODE TO ADD CHAPTER 25.06 ADOPTING WATER DISTRIBUTION STANDARDS. Councilwoman Mullins moved to adopt Ordinance #15, Series of 2019 on first reading; seconded by Councilman Mesirow. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Mayor Torre, yes. Motion carried. Regular Meeting Aspen City Council June 24, 2019 7 RESOLUTOIN #67, SERIES OF 2019 – 610 E. Hyman Ave. Extension of Vested Rights Ms. Garrow said the next two items are on similar issues. The first is related to a historic building. They are discretionary reviews. There is not standard review criteria. Phillip Supino, community development said 610 E Hyman Avenue is a mixed use commercial building housing Charles Cunniffe architecture. It is a two story building with a garden level. It is 27 feet tall. The approved project, in 2014 by HPC, adds 959 square feet of commercial for a total of 3,644. It adds 1,546 of residential for a total of 3,131. It adds 11 feet of height for a total of 38. It also adds an elevator and the overrun is 40 feet tall. Council in 2012 approved AspenModern designation for the property. This provides for a negotiated process to voluntarily designate and preserve buildings. HPC final approval was in 2014. Vesting began on October 23 of 2014 and was set at five years. It will expire this year in October. If it were to expire without a permit submitted some new land use code standards would apply. The applicant is requesting a 24 month extension for additional time for permit submittal. The land use code provides four criteria for assessing granting vested rights. Staffs position is those have been met. The principal concern to staff is the AspenModern designated. It is negotiated and at the discretion of council and monitor as to the terms. It is a permanent historic preservation of the property. Vesting applies to the benefits but not the designation. Designation would maintain should vesting expire. Benefits were related to residential floor area increases, reduction of a fraction of parking space and fee, changes to required trash area configuration and requirement for agreement with adjacent property to provide for trash, 20% reduction in affordable housing mitigation requirement, fee waiver, and 5 years vesting. These benefits were provided in exchange for designating and preserving the building. The property scored high on the HPC AspenModern rating scale. It is a high quality building with strong historic character. Both HPC and council supported the designation with benefits. Many new code requirements that would not apply to this project due to the designation. Staff recommendation is a 6 month extension with no additional requirements. Councilwoman Mullins said I saw this at HPC do I need to recuse. Mr. True said I don’ t think seeing it at HPC, or council when they saw it for the designation in the first place, would effect this vesting discussion. Councilman Mesirow said part of the recommendation is to keep the building there. If we don’t extend the vesting the designation still holds. Mr. Supino said the applicant could apply to HPC to delist the property. If that was approved there is potential to lose the building. Ms. Garrow said council makes the final decision on AspenModern. Chris Bendon, representing the applicant, said this is the preservation and a significant rehab of the property. Charles focused more on clients than himself and is part of the reason he is here asking for additional time. His office is mostly dedicated to other projects. He’s looking for additional time really because of the capacity of his office and the need to relocate his whole operation and office. The street may need a little bit of a break. The art museum side of the street is entirely new. His building is the last one that hasn’t been substantially remodeled. We have requested 24 months as an appropriate timeframe. We will take as much time that we can get. We understand staffs perspective. Councilwoman Mullins asked what was original vesting. Mr. Bendon replied 5 years. Councilman Mesirow asked have you moved yet. Mr. Bendon said there is pre planning that needs to happen in order to do that. Whenever it happens there will be significant interruption to the office. Councilwoman Richards said you were given 5 not 3. 3 is the state minimum. Mr. Supino replied correct. Councilwoman Richards said looking at this from the county perspective, they have been loathed to do extensions without a public benefit being put on the table. It feels like maybe there should be better criteria. Good faith effort and use of permits. The only thing seems to negotiate the trash and waste and paid the fees from the original approval. I lean more towards if anything, staffs recommendation. It hurts Regular Meeting Aspen City Council June 24, 2019 8 me to see the housing that might potentially be lost if the rights expire. There was a negotiation by a pri or board in good faith. I’m willing to extend once. Councilman Mesirow said I’m inclined not to extend it. It is probably not best practice. There has been significant community discussions in the last 5 years. He would like to see the project continue on its merits that were originally set forth. Councilman Hauenstein said with cash in lieu for housing mitigation, was that chosen mitigation as part of AspenModern. Mr. Supino replied there are no predetermined criteria. It is truly all discretionary. The affordable housing reduction was one of the items the applicant and council felt appropriate to negotiate on. Councilman Hauenstein asked is it locked in. Ms. Garrow replied yes, as part of the designation the owner had 30 days to decide if they wanted to accept the deal. It was and the ordinance was recorded. Councilman Hauenstein said if they expire is the vesting for the 38 feet part of the process. Ms. Garrow replied yes, it was part of the negotiation. If vested rights expire, we have to have a discussion on the current code requirements that limit the height to 28 feet. We haven’t had that conversation yet. Charles Cunniffe, owner, said I’m not a developer in this case. I’m an end user for my office and to live in. It was intended as a live work building. That is why I bought it and am seeking redevelopment. Councilman Hauenstein said I appreciate you have been busy with other projects. I don’t find that a compelling argument to extend the vested rights. 5 years is already a long period of time. He asked if work force housing negotiation is a negotiated benefit to extend the vesting. Mr. Cunniffe said I wish you would view it as I’m a worker and will ultimately live there. Five years may seem like a lot but most was during the recession. All of that time I’ve been working on city projects. We have been committed to putting that project as a priority. The mitigation fee is also beyond my capabilities. Councilman Hauenstein said I’m in a difficult situation here. I appreciate the work you have done. I cannot support the 24 month extension. I would have to be convinced 6 months is warranted. Councilwoman Richards said I got the impression they won’t let the rights expire. They will get an application in by October if that is the bottom line. I felt better about giving them 6 months and having a thorough application come in in the first place. I don’t like that the codes have changed so much. Councilman Mesirow asked does it not feel unfair to say because we know you we will cut you some slack even knowing they will get it in. Councilwoman Mullins said I was part of this project on HPC. AspenModern negotiations are really difficult but provide a really important benefit to the city. We are saving these resources. When we approved this negotiation it was considered fair to all parties. I strongly support AspenModern and we need to give it a little leeway. We have thrown a lot of distractions at this applicant and I think we need to take that into consideration. Generally, I do not support extensions particularly if the code has changed. I would support a one year extension. It is supporting the AspenModern program and the character of the downtown. We want the owners to be able to restore them. It is affordable housing. Charles is living in it. Councilman Mesirow said you are not saying we should extend it because this building is not being preserved. Councilwoman Mullins said this building is designated and it can’t go away unless HPC recommends it and council agrees. Does it mean it will be redeveloped in a sympathetic way, not necessarily. Councilman Mesirow said it would come back and have more respect for the updated code. Councilwoman Mullins said by following through with this application we are supporting the AspenModern program. If it comes back it would use the updated code to negotiate a deal. The applicant isn’t blowing off current land use decisions. It is a deal that worked for the city and the owner. Regular Meeting Aspen City Council June 24, 2019 9 Mr. Cunniffe said I can meet the deadline, the various engineering is where the challenge is. They are so swamped they can’t prioritize it. My fear is when the deadline comes up, I’m ready but the other folks aren’t. Councilwoman Richard said part of it for me is simply the building is already designated. I hate to see the next ones come in with retroactive and conditions. It doesn’t strike me as fair as being stuck with the designation and saying you have to renegotiate the package. Mayor Torre opened the public comment. 1. Toni Kronberg said Phillip said this building is 11 feet over what was approved by Ref 1. If not extended it would have to go through the current code. Councilman Mesirow replied it could still be negotiated. Councilman Hauenstein said it was approved prior to Ref 1 so it doesn’t apply to this. Ms. Garrow said the dimensions including the height were part of the negotiation and approved ordinance. When the vesting expires, we would have to have a conversation as to what does that mean. Mr. True said there are aspects of the current code, including Ref 1, that may come in to play if the vesting expires. If you extend it, it remains. If the vesting expires we have to look at all the code changes if they are to seek development. None the less, the designation remains. Ms. Garrow said the affordable housing, parking and all the things not related to height and other dimensions would remain, no matter what. Mayor Torre closed the public comment. Mayor Torre said there are a few items I’m uneasy with, the free marker adds 1,500 square feet. Our code and community has moved away from that. This is difficult and sticky. For a long time I’ve not been a big fan of extending vested rights. I would not be supporting a 2 year vesting. Councilman Mesirow said I would be against extending. Expectations are important. It is important to show a lack of favoritism. Councilman Hauenstein said it has been presented by some we should look at the application and not the people. I’m looking at the project without the benefit of the person that is doing it. I don’t think I can support an extension. It has been 5 years. Councilwoman Mullins said it is a very complicated program and important to the backbone of the town. Staff recommendation is 6 months. That helps and supports the program. This is an extremely good restoration of the building. Councilwoman Mullins made a motion to follow staff’s recommendation of a 6 month extension. Seconded by Councilwoman Richards. Mayor Torre said the extension would start at the expiration date. Mr. True said it will extend to April 23, 2020. 6 months from October. Mr. Bendon said we hope for your support not because of the people but it is a good project. It was a tough discussion with good results for both sides. This one wasn’t easy but resulted in a good conclusion. The breathing room would give you some comfort and you wouldn’t be forced into how to unwind the approval. 6 months could give Charles some breathing room and wrangle his consultants in to order. Ms. Garrow said part of the reason staff is suggesting the 6 months is it is a lot easier for staff to more successfully and completely review a permit if it is complete the first go around. We really recommend the 6 months so the permit application can be complete. Regular Meeting Aspen City Council June 24, 2019 10 Councilman Hauenstein asked it is submission of the permit that triggers, not approval. Ms. Garrow replied correct. Councilman Hauenstein said if they submit it ensures the project can proceed. Mayor Torre said often times you would recommend approval with conditions. Why are there no conditions. Mr. Supino said we were focused on the designation and how wrapped up so many of the standards and benefits are with that project. We were focused on providing them with sufficient time to submit a through permit application. Ms. Garrow said the idea it is all wrapped up with the designation. My answer on what stands after the rights expire is insufficient. It is unknown territory right now. They are so intimately connected for this case. Mr. True said there are implications here or possibilities we haven’t discussed as to what happens here if they expire. All the benefits are wrapped up in the designation. Mr. Supino said because there were so many code elements negotiated, staff was unclear as to what benefits we may be able to include in a recommendation for extension that were not already included in the negotiations. Mayor Torre said what I come back to is this was approved in 2014. At the time the free market allotment in the CC was 2,500 square feet. This is pushing that over by 500 square feet. Is this the appropriate venue to talk about that kind of bonus. Ms. Garrow replied you could do that. This is extending the vesting and you could put additional conditions on that include changing some of the benefits. Mayor Torre said I want to have that conversation. I would be interested in talking about the overage. Mr. Bendon said the negotiation was pretty intense. We came up with a summary of benefits and allowances to compensate for the designation. We are not interested in substantially curtailing that. Charles may live there but it is a free market unit. The value of the property is vested in the approvals. It is not affordable housing in the classic sense. That is not on the table for us. I understand where you are going. To the extent we’ve made significant progress on the approvals I would point to the designation. It is meaningful and substantive. Mayor Torre called for a voice vote. Mayor Torre, Councilwoman Mullins and Councilwoman Richards in favor. Councilman Mesirow and Councilman Hauenstein opposed. Motion carried. RESOLUTION #54, SERIES OF 2019 – 411 E. Hyman Avenue – Extension of Vested Rights Mike Kraemer, community development, said this is a continuance from May 13th due to a public notice issue. The request is to extend the vested rights. It is discretionary by council. The building is 1,400 square feet, the existing mixed use was constructed in the 1960’s and it is 20 feet in height. The first floor is all commercial, retail use. The second floor is a free market residence. In 2015 and 2016 they received HPC approvals to demolish and reconstruct with a 1,160 square foot all commercial building. It is a two story building but just one level. The approved height is 20 feet 6 inches. These approvals are vested until October 27th of this year. They are asking for a 24 month extension. One of the reasons we are weighing in is the continued analysis to provide joint utility service for this property. This is a bit different than what we just heard. Code changes include dimensional changes specifically in the CC. the approved height of 20’6” is still compliant even with those code changes. The commercial design standards require increased second tier and pedestrian amenity requirements. Parking requirements have changed. Today, the parking requirement is 1.15 units. There is the ability to pay cash in lieu. On affordable housing, it is a mixed use building with mitigation to remove. There is 1.75 FTE credit that could still be used under the current code. This approval granted the addition of 380 square feet of commercial. They are required to mitigate an additional 1.17 FTE.. Comparing the two, 1.75 previous affordable housing and the new requirement of 3.68. Lastly, the topic of formula uses have come up. The new code has formula use with 11 or more establishments elsewhere are considered formula uses. In the CC if a formula use is proposed it must go to P&Z as a conditional review. Staff recommend extend for 6 months. Ms. Garrow said the suggested conditions are in the resolution and page 1044 of packet. It includes a number of items be included. Regular Meeting Aspen City Council June 24, 2019 11 Councilwoman Mullins asked would the project still get the view plane exemption. Mr. Kraemer replied yes. Ms. Garrow said it is in the Wheeler view plane. While it is at 20 feet it has some blockage. Council could consider it as an additional condition to have it at 14 feet. This design went through a pretty detailed design review with HPC. It fits in well with the character of the mall as approved. We haven’t suggested changes to the actual design. Councilman Mesirow said the 6 months would bring it into alignment with FTE, parking and mitigation. Mr. Kraemer replied yes, with conditions. Councilwoman Rachael said I look at this one, and thinking of the last one, this one has conditions of approval. I understand some of the last ones were wrapped up in a larger negotiation. I think it should be part of any future approvals that mitigation is paid for at what is in the code at the time of CO. Then it wouldn’t get into the code changed. Ms. Garrow said that is something we would have to look at. Typically, it is enumerated in the approval or based off of the time of permit submission. It can take two years or more to go through the permit process. The other piece between this and the last is this is triggering demolition where the last one did not. Mr. Bendon said we are looking to extend the vesting but not in a conditioned manner. We would withdraw the request. There are a few compelling things to consider. It is a nice looking project that fits well in to the downtown. It removes a free market penthouse from downtown. There are ongoing conversation about the utilities. The biggest one is we have an existing tenant and their tenancy goes past our vested rights date. We are looking for the extra time to not disrupt the lease period. We would need to withdraw if it comes down to conditions. Mayor Torre opened the public comment. There was none. Mayor Torre closed the public comment. Councilman Hauenstein said I like the staff recommendation with the conditions. We have a precedent with that on other extensions. It is fair it granted it should comply, especially with the work force mitigation. Councilman Mesirow said my position is consistent with the previous. The only reason I would extend is there is an unavoidable hardship. I was hopeful when I saw the conditions. Councilwoman Richards said this may demonstrate that changing our code for mitigation due at time of CO, this wouldn’t be an issue. I agree with Skippy and Ward on this. We didn’t have the same negotiations over AspenModern. Councilwoman Mullins said this is very different than the previous one. This is not a designated building. After 3 years if the code has changed, it has probably changed for the better. I can’t support an extension in this case. Paying the mitigation at CO does create unpredictability for the developer. You need some consistency and changing the rules at the last minute is unfair. I would not support the extension. Mr. Bendon said I think we are in a position where we can’t accept the conditions. I would prefer to withdraw the application and not have you act on it tonight. Councilman Mesirow asked could you accept just the housing. Mr. Bendon said without Mark here it would be hard to negotiate on the fly. We are talking probably 4-500,000 dollars. It is a notable number. Councilwoman Richard asked do you think there would be value continuing this to talk about the housing. Mr. Bendon replied we could. Councilman Hauenstein said I could support continuing so Chris can discuss this with Mark. Regular Meeting Aspen City Council June 24, 2019 12 Mr. Bendon asked if there are other aspects or is it limited to housing. Councilman Mesirow said we will take all we can get but it sounds like we would take just that. Councilwoman Richards said she would go with just the housing as an increased benefit for the extension and limit the extension to one year at the most. Councilwoman Mullins said the two challenging things are the housing and second tier space. She said she would like to have discussion about both if this is continued. Mayor Torre said I find this to be a lost opportunity in this location. One story high end retail. I disagree with the movement to get housing out of the core. I see it as a lost opportunity. I’m happy to continue this and would love to hear from Mark about that. Councilman Hauenstein moved to continue to July 8, 2019; seconded by Councilman Mesirow. All in favor, motion carried. Councilman Hauenstein moved to adjourn at 7:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Linda Manning City Clerk