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HomeMy WebLinkAboutminutes.council.20130624Regular Meeting Aspen City Council June 24, 2013 1 HISTORIC PRESERVATION AWARDS ..................................................................................... 2 CITIZEN PARTICIPATION .......................................................................................................... 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 3 ORDINANCE #25, SERIES OF 2013 – 507 Gillespie TDRs........................................................ 3 ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Townhomes, PUD Amendment ........... 4 RESOLUTION #66, SERIES OF 2013 – PUD and SPA Code Amendment Policy ..................... 4 RESOLUTION #67, SERIES OF 2013 – Subdivision Code Amendment Policy ......................... 5 RESOLUTION #68, SERIES OF 2013 – Temporary Use – Aspen Historical Society ................. 6 CALL UP NOTICE – 614 E. Durant .............................................................................................. 6 Regular Meeting Aspen City Council June 24, 2013 2 Mayor Skadron called the meeting to order at 5:00 PM with Councilmembers Frisch and Mullins present. HISTORIC PRESERVATION AWARDS Mayor Skadron noted these are the 24th annual historic preservation awards; over 90 projects have been recognized during that time. Mayor Skadron stated it is important to say thank you to property owners who have restored their historic properties. Councilwoman Mullins presented award to the architect, Stryker Brown, and the owner, Neil Karbank, of 612 West Main for the restoration done on a historic shed. Mayor Skadron presented awards to the team of the Hotel Jerome and noted Forbes Magazine called this one of the 10 best hotel renovations. Mayor Skadron said the Hotel Jerome remodel in 1989 received one of the first historic preservation awards from the city. CITIZEN PARTICIPATION 1. Dick Butera encouraged the new Council to ask hard questions, questions that might forestall projects like paying $18 million for the BMC lumber yard and the hydro power project. Council did not ask for budget numbers and who is paying the debt service. 2. Emzy Veazy said Council should reinstate CCLC’s budget; the Council should establish a downtown business improvement district; Council should be visible on the streets and at special events and the police department should have a pension program. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins reported she attended the Pitkin County landfill open house where tours of the site were given. Councilwoman Mullins encouraged people to take tours and see what is being done at the landfill. 2. Councilman Frisch noted Food & Wine festival has kicked off the summer season. 3. Mayor Skadron thanked the Chamber for the great Food and Wine and congratulated Jazz Aspen for their summer festival. 4. Chris Bendon, community development department, requested Council continue first reading of Ordinance #26, 2013, to July 8th and add a Call Up notice for 614 E. Durant to the end of the agenda. Councilman Frisch moved to continue Ordinance #26, Series of 2013, to July 8; seconded by Mayor Skadron. All in favor, motion carried. Regular Meeting Aspen City Council June 24, 2013 3 5. Councilman Frisch informed Council the Red Brick Center has a new director, Angie, who came from Aspen Film. July 28th is a Red Brick annual event, this year honoring Mary Esbaugh Hayes. 6. Councilman Frisch said Housing Frontiers will be meeting twice a month instead of weekly. CONSENT CALENDAR Mayor Skadron asked if there is a specific line item for the street improvement project. Steve Barwick, city manager, told Council this is 3 years of paving work and the budgets from 2011 and 2012 has been rolled into 2013. Councilwoman Mullins asked if the asphalt is recycled. Jerry Nye, streets department, told Council the specifications call for 25% recycled material; any more than that will degrade the paving. Councilwoman Mullins moved to adopt the consent calendar; seconded by Mayor Skadron. The consent calendar is: Resolution #64, Series of 2013 - Approving Contract for 2013 Street Improvement Project Resolution #65, 2013 - Contract for Truscott Housing Re-Grading and Drainage Design Resolution #69, 2013 - Approving a Proposed Water Court Decree Minutes - June 10, 2013 All in favor, motion carried. ORDINANCE #25, SERIES OF 2013 – 507 Gillespie TDRs Justin Barker, community development department, told Council this ordinance will establish two TDRs at 507 Gillespie and will reduce the allowable floor area by 500 feet. This is a 5,000 square foot vacant lot, historically designated as part of a lot split, the floor area was established at 2,840 square feet. Councilman Frisch moved to read ordinance #25, Series of 2013; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #_25 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29, 2011 IN PLAT BOOK 96 AT PAGE 60. Regular Meeting Aspen City Council June 24, 2013 4 Councilwoman Mullins moved to adopt Ordinance #25, Series of 2013, on first reading; seconded by Councilman Frisch. Roll call vote; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Townhomes, PUD Amendment Councilwoman Mullins moved to continue Ordinance #23, Series of 2013, to July 8; seconded by Mayor Skadron. All in favor, motion carried. RESOLUTION #66, SERIES OF 2013 – PUD and SPA Code Amendment Policy Jessica Garrow, community development department, told Council this is the second step in the land use code amendment process and is a public hearing. If Council approves this resolution, the next step is drafting an ordinance to bring back to Council. Ms. Garrow reminded Council at a work session, Council directed staff to look at ways to amend these code sections to insure greater predictability and clarity and to update and consolidate the review criteria to more modern standards. Ms. Garrow said there has been some outreach with planners, architects and P&Z. Ms. Garrow said PUDs and SPAs allow the underlying dimensions to be varied; SPA also allows underlying uses to be varied. These are discretionary reviews by Council; applicants must demonstrate variations from underlying dimensions and uses provide community benefits and result in a more desirable development. Ms. Garrow said the first request regards conceptual review. Current regulations require four- step reviews; P&Z, Council conceptual review; P&Z, Council ordinance. This process creates uncertainty for the applicant, staff and boards. Ms. Garrow noted the intent is to resolve major issues at conceptual; however, conceptual approval does not lock anyone into anything and when a project comes back at final review, everything is renegotiated. Comments are that this seems like process for the sake of process rather than resolving issues up front. Staff supports changing this so that conceptual becomes a binding review. There are 3 options; Council ordinance at conceptual establishing dimensions and uses and final details, material, utilities would be dealt with at final review ending at P&Z. Dimensional or use changes would have to come back to Council. Second option is similar except for changes in dimensions or uses and staff recommends if one has a conceptual approval and has a dimension or use change, it goes back to city council. Third option would be a straight two-step review, P&Z recommendation and Council approval. Ms. Garrow said the second request regards the amendment process, PUD and SPA have insubstantial review for amendments done at staff level; major amendments at Council and minor amendments at P&Z. Ms. Garrow said PUD and SPA are similar process and staff feels there is benefit in combining the reviews. There would be separate review criteria if varying dimensions versus varying uses but the rest of the process is the same. Ms. Garrow said there is Regular Meeting Aspen City Council June 24, 2013 5 support from P&Z and from the public for this change. Councilman Frisch stated he supports clarity and Council does not need to review the minor details. Ms. Garrow pointed out for PUDs code requires lots to be a minimum of 27,000 square feet; there is a process where a smaller lot can use a PUD for community benefit. P&Z felt small lots should not have that flexibility; staff disagrees noting this is important and addresses unique site constraints. P&Z noted projects should be as close to underlying zoning as possible. Staff notes there are sites that are unique because of topography, history, location and an ability to vary the underlying dimensions is important to have good projects. Councilwoman Mullins said it makes sense to combine these as long as the distinction between PUD and SPA is maintained. Mayor Skadron agreed with the general policy and with the goal of not revisiting the concept at final review. Mayor Skadron asked how the distinction between PUD and SPA would be maintained. Ms. Garrow said there will be a set of review criteria for varying dimensions and a set for varying uses. Mayor Skadron agreed it is important to update the standards to reflect modern concerns. Mayor Skadron asked if Council will lose any discretion if conceptual is binding. Ms. Garrow said there is no loss of discretion; the decision is happening upfront rather than the end. Council needs to decide how to deal with final approval; allowing P&Z to approve final review and having height and floor area variations return to Council or all dimensional and use variations come back to Council. Mayor Skadron concurred with staff recommendation of the second option binding conceptual review by Council and changes in dimensions or uses go back to Council. Councilman Frisch agreed it is best for all parties if the important decisions, like height and mass, are made up front. Councilwoman Mullins said projects will need to be as illustrative as possible at conceptual so Council can understand the project. Councilman Frisch said non-traditional use of non- traditional materials may be an issue for conceptual. Councilwoman Mullins agreed if conceptual is going to be binding, there should be presentation of materials because the material can affect how one perceives mass and scale. Mayor Skadron said if conceptual is binding, he would like to see a project as close to complete as possible. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the motion hearing. Councilman Frisch moved to approve Resolution #66, Series of 2013; seconded by Councilwoman Mullins. All in favor, motion carried. RESOLUTION #67, SERIES OF 2013 – Subdivision Code Amendment Policy Chris Bendon, community development department, told Council this is a code amendment policy resolution like the previous one. Subdivision is a technical review and there are some things that need correction. The engineering requirements are scattered throughout the code or in separate documents and they should all be pulled together. Bendon noted subdivision applies to all land equally, like a small land trade or a major subdivision like Burlingame. Staff would like to tailor the process to the magnitude of what is being proposed. Bendon said for changing rights-of-way, staff feels there should be a more rigorous process for Council to consider. Regular Meeting Aspen City Council June 24, 2013 6 Bendon told Council staff proposes a new chapter in the land use code for all developments go through on bonding, filing plats, other requirements. P&Z is supportive of these proposed changes. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the motion hearing. Councilman Frisch moved to adopt Resolution #67, Series of 2013; seconded by Councilwoman Mullins. All in favor, motion carried. RESOLUTION #68, SERIES OF 2013 – Temporary Use – Aspen Historical Society Justin Barker, community development department, told Council the Historical Society is requesting two temporary uses; a teepee at 620 West Bleeker and a banner at the fire department. Council is final approval for temporary uses, which are not to exceed 180 days Barker said the teepee is an educational tool in conjunction with an exhibit at the museum and the applicant request having it up mid-June to mid-November for 2013 and 2014. The teepee will be 22’ in diameter and 26’ high. The banner is an informative guide to let residents and visitors know about an exhibit held at the fire department museum. Staff recommends approval of both temporary use requests. The applicant is requesting a fee waiver of $900 from the planning fees Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the motion hearing. Councilman Frisch moved to adopt Resolution #68, Series of 2013; seconded by Councilwoman Mullins. All in favor, motion carried. CALL UP NOTICE – 614 E. Durant Chris Bendon, community development department, reminded Council they are informed of approvals commercial design standards, which Council can call up if they wish. This application is very minor and has been combined into conceptual and final. The project is Pomeroy Sports and the applicants want to take out the entrance on Hunter street and replace it with a window. There may be some small interior addition in that nook area. Council stated they are not interested in calling up this project. Councilwoman Mullins moved to go into executive session pursuant to C.R.S. 24-6-402(4) (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators at 6:20 PM on existing and potential litigation; seconded by Mayor Skadron. All in favor, motion carried. Regular Meeting Aspen City Council June 24, 2013 7 Councilwoman Mullins moved to come out of executive session at 7:35 PM; seconded by Councilman Frisch. All in favor, motion carried. Councilwoman Mullins moved to adjourn at 7:35 PM; seconded by Councilman Frisch. All in favor, motion carried. Kathryn Koch, City Clerk