HomeMy WebLinkAboutminutes.council.20130722 Regular Meeting Aspen City Council July 22,2013
CITIZENCOMMENTS ............................................................................................2
COUNCILMEMBER COMMENTS.........................................................................2
CONSENT CALENDAR ..........................................................................................2
❑ Arts and Nonprofit Grant Board Appointments...............................................3
❑ Council Appointments......................................................................................3
❑ Resolution #74, 2013 - Contract ARC Cell Antenna.......................................3
❑ Resolution #72, 2013 - Contract for 2013 Trail Overlays................................3
❑ Resolution #73, 2013 - Fleet Replacement of Kodiak Snow Blower..............3
❑ Minutes - July 2, 3, 8, 2013 ..............................................................................3
ORDINANCE #30, SERIES OF 2013 —430 W. Main Street Historic Lot Split and
TDRs ..........................................................................................................................3
ORDINANCE #31, SERIES OF 2013 — 125 W. Main Street Historic Lot Split......4
ORDINANCE #29, SERIES OF 2013 — Code Amendment— Increase in Maximum
fines for Ordinance Violations...................................................................................5
ORDINANCE #26, SERIES OF 2013 — 534 E. Cooper (Boogies) Subdivision......5
ORDINANCE #28, SERIES OF 2013 — 360 Lake Avenue Erdman Subdivision
Amendment................................................................................................................6
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Regular Meeting Aspen City Council July 22,2013
Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Mullins, Frisch,
Daily and Romero present.
CITIZEN COMMENTS
There were none.
COUNCILMEMBER COMMENTS
1. Councilman Romero said the Aspen Historical Society's 50th anniversary block party was
attended by 525 people and was a huge success. The Historical Society is starting a capital
campaign for their archives and an endowment.
2. Mayor Skadron agreed the historical society put on a great week for their 50th anniversary
and he attended 5 or 6 of the events, including the BBQ and commended Georgia Hanson for the
great work.
3. Mayor Skadron noted Ordinance#29, Series of 2013, Municipal Court fines, should be
the first public hearing.
4. Councilman Romero said RFTA is going forward with BRT, which is on budget and on
track for an early September start.
5. Councilman Frisch said the Frontiers group is starting to meet every other week.
Councilman Frisch said he has handed over his seat on the Red Brick Arts Council to Ann
Mullins and he will take her to the next meeting and introduce her to the Board.
6. Mayor Skadron said he stepped down from CORE and Councilman Frisch will take over
on that Board. The CORE board has agreed to distribute about $400,000 of REMP monies in
grant to local green projects; Council has final approval on those grants.
CONSENT CALENDAR
Councilwoman Mullins asked the makeup of the Arts and Nonprofit grants board. City Clerk
Kathryn Koch said it is Jackie Kasabach, Bill Murphy, Brian O'Neil, Don Taylor, and herself.
Hilary Stunda has resigned and Teraissa McGovern and Michael Kosnitzky are recommended to
be appointed.
Resolution#77, Series of 2013 -ARC Cell Antenna
Mayor Skadron noted the ARC is heavily subsidized with public funds and what is the priority of
a roof top cell phone antenna. Tim Anderson, recreation, said this is a high priority; it has been
reviewed by the ARC advisory committee. There have been instances where people have been
injured at the ice rink and cell phones do not work to call emergency services. This is also a
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Regular Meeting Aspen City Council July 22,2013
customer comfort issue for visitors to be able to use their cell phones while at the ARC.
Anderson told Council they are headed toward being able to monitor the controls and HVAC
system so that staff is able access and communicate with those systems by cell phones. Mayor
Skadron said he wanted to be assured this was more than just convenience; there is safety and
efficiency.
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Romero.
The consent calendar is:
• Arts and Nonprofit Grant Board Appointments
• Council Appointments
• Resolution #74, 2013 -Contract ARC Cell Antenna
• Resolution 472, 2013 - Contract for 2013 Trail Overlays
• Resolution #73, 2013 - Fleet Replacement of Kodiak Snow Blower
• Minutes - July 2, 3, 8, 2013
All in favor, motion carried.
ORDINANCE #30, SERIES OF 2013—430 W. Main Street Historic Lot Split and TDRs
Amy Guthrie, community development department,told Council this is a 9,000 square foot
corner lot with a Victorian era house and an open yard with a large tree. The applicant would
like to subdivide the property and create a 4,000 square foot lot, which will never be developed,
on the corner. The development lots will be turned into 8 TDRs, which will preserve the
property in its original condition. The house will be on a 5,000 square foot lot with 2 TDRs to be
sold. Ms. Guthrie said there is language in the ordinance stating if the owners of the property
should decide they do not want to do so many TDRs that the 500 square foot bonus is tied to
sending away the TDRs. The applicant does not get both. Alan Richman, representing the
applicant, pointed out the difference between this and 604 W. Main is the large tree makes it
difficult to design around and the existing structure is larger than that on 604.
Mayor Skadron said at some point there will be consequences of undesirable density; in order for
the program to be successful, the TDRs have to land somewhere. Ms. Guthrie said she will
present a chart at second reading of TDRs issued and where they landed. Richman said if the
city's belief that preserving landmarks is desirable, there may be other incentives than landing
TDRs on residential properties. Chris Bendon, community development department, noted only
one TDR can be landed on a residence. Bendon said staff would like to see the program become
more robust; there has been minimal use over the last 5 years. Bendon agreed they can be
looking other landing sites and other ways to utilize the program.
Councilwoman Mullins asked if the 250 square feet can turn into 500 square feet when used in
the downtown. Ms. Guthrie said when landed on a multi-family unit, it allows the unit cap to
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Regular Meeting Aspen City Council July 22,2013
grow but does not allow the overall FAR on the property to grow. Ms. Guthrie told Council once
the TDRs are executed, this property is locked into single family floor area forever.
Councilman Romero moved to read Ordinance #30, Series of 2013; seconded by Councilman
Frisch. All in favor, motion carried.
ORDINANCE#30
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE
DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT
430 W.MAIN STREET,LOTS K,L,AND M,BLOCK 37, CITY AND TOWNSITE OF
ASPEN,COLORADO
Councilman Romero moved to adopt Ordinance#30, Series of 2013, on first reading; seconded
by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Mullins, yes; Daily, yes;
Frisch, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #31, SERIES OF 2013— 125 W. Main Street Historic Lot Split
Amy Guthrie, community development department, told Council there are no TDRs with this
request. The application is to split a 6,000 square foot lot in half. The Victorian on one half is
large and the line needs to jog around it. Approving a lot split will insure the new construction is
detached from the historic building. HPC approved the lot line adjustment and granted a 5 yard
setback variance to allow 3' between buildings. There is no proposal for the vacant lot. Some
maintenance concerns on this property were brought up to HPC and they required these be
addressed. The lot split does not increase development rights but changes where the structures
could be placed. Mayor Skadron asked why HPC supported this application. Ms. Guthrie noted
the review criteria for lot splits are straight forward and HPC likes incentivizing detached
structures rather than doubling or tripling the size of historic homes.
Councilman Romero moved to read Ordinance#31, Series of 2013; seconded by Councilman
Frisch. All in favor, motion carried.
ORDINANCE#31
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED
AT 125 W.MAIN STREET,LOTS C AND D, BLOCK 59,CITY AND TOWNSITE OF
ASPEN,COLORADO
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Regular Meeting Aspen City Council July 22,2013
Councilwoman Mullins moved to adopt Ordinance#31, Series of 2013, on first reading;
seconded by Councilman Frisch. Roll call vote; Daily, yes; Frisch, yes; Mullins, yes; Romero,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #29, SERIES OF 2013—Code Amendment—Increase in Maximum fines for
Ordinance Violations.
Debbie Quinn, assistant city attorney, told Council this modification will allow the city to impose
the same maximum fine as is allowed by the state legislature. This is up to the Judge's discretion.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to adopt Ordinance#29, Series of 2013, on second reading;
seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins, yes; Frisch, yes;
Daily, yes; Romero, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #26, SERIES OF 2013—534 E. Cooper(Boogies) Subdivision
Councilwoman Mullins recused herself from this item. Jessica Garrow, community development
department, told Council this subdivision approval is to construct a new free market residence, to
expand an existing affordable housing and to expand existing commercial space. This
application was made before land use code amendments to the commercial core were adopted
and they are allowed to request free market residences as well as height of 38'. Ms. Garrow
reminded Council this project was called up after HPC review and approval. Council voted 4 to
0 to affirm HPC's decision. Ms. Garrow told Council the building has received growth
management approval from P&Z for the commercial space and the APCHA board has reviewed
the unit as mitigation for the project, which they approved.
Staff recommends approval of the application; the uses and dimensions are consistent with those
in the area and with the commercial zone district. Ms. Garrow pointed out a condition relating to
the existing outdoor deck which has a tent over it and received a one-time temporary use
approval in 2003. The request for 292 feet of commercial expansion formalizes that space and
brings it into the interior of the building. Ms. Garrow told Council staff feels the on-going
enforcement issue as well as some construction taking place in the outdoor space is inappropriate
and the recommendation is that the tent enclosure be removed at the time of subdivision
improvement agreement and plat recordation. Sunny Vann, representing the applicant told
Council all conditions are acceptable to the applicant.
Councilman Romero asked the footprint of the third floor. Kim Weil, architect, said the 3`d floor
will be 25' back from Cooper and 15' from Hunter. Councilman Romero asked if a patio deck
will be created by this design. Weil said the elevator is along Hunter on the property line and at
the 3`d floor one exits outside on a walkway to the residential unit. The amount of the deck is
limited because it counts under the floor area calculations. Vann told Council he did an
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Regular Meeting Aspen City Council July 22,2013
enhanced mailing to adjacent property owners with drawings and they received one comment
from an Aspen Square owner.
Mayor Skadron asked what motivated Boogie to apply for a third story. Vann said he was not a
party to discussions about this application; however, one could surmise that it was triggered by
the pending ordinance in the city and concern by property owners that some development might
be precluded and attempts were made to protect investments. Vann told Council originally the
application was for the entire 42' and HPC asked the development be scaled back, which it was.
Vann said this location can accommodate additional height and mass without affecting a lot of
other properties. Weill noted the current elevator is inadequate for ADA standards and currently
is not functional. This is a multi-functional elevator providing ADA access to the restaurant as
well as access to the third floor.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Frisch said his preference is penthouse development that supports lower rents for
businesses on the first floor. Councilman Daily said the staff findings note this approved
commercial design is consistent with heights, open space and architecture for the area.
Councilman Daily said the applicant is exercising his property rights and doing it in a sensitive
manner.
Councilman Frisch moved to adopt Ordinance#26, Series of 2013, on second reading; seconded
by Councilman Romero. Roll call vote; Councilmembers Daily, yes; Romero, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #28, SERIES OF 2013—360 Lake Avenue Erdman Subdivision Amendment
Sara Adams, community development department, said this is a request to amend an existing lot
split located on Lake Avenue, zoned R-6 consisting of two lots; lot 1 is 24,000 square feet and
lot 2 is 8800 square feet. The lot split ordinance specified a maximum floor area for the two lots
and the applicants want to change the maximum number and need Council approval to do so.
The applicant would like to land TDRs on this site and that option was not available in 1990.
Ms. Adams noted in 1990 there were not deductions for floor area that exist in the code today,
like steep slopes, vacated right-of-way are deducted from gross lot area to calculate floor area.
The gross lot size for lot 1 is 24,000 square feet; deductions under the current code reduce that to
11,000 square feet, which number would be used to generate floor area. The applicant would
like to land TDRs on top of the 1990 floor are specified in the ordinance. Ms. Adams noted staff
would prefer a property to be under one land use code, not parts of several codes. Ms. Adams
told Council this was reviewed by P&Z for Hallam Lake bluff review and the proposal to move
the structure away from the lake to come closer into compliance with the Hallam Lake bluff
standards.
Steev Wilson, representing the applicant, told Council the floor area is being calculated under
the 1990 code; however, there is nothing in the ordinance that specifically states that. Wilson
said the 1991 code would allow for different exemptions than the current code;they are using
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Regular Meeting Aspen City Council July 22,2013
that code to calculate the building's lot area. Wilson said he is using the current land use code,
containing different exemptions and calculations. Wilson said the way the staff recommends
calculating the site is already cherry picking from the code using a lot area from 1990 and the
current land use code. The current code would allow TDRs in the R-6 zone district but the
subdivision agreement does not. Wilson noted they have demonstrated where the 250 square
feet will go and P&Z reviewed and approved the mass and scale of the redevelopment. Wilson
reiterated the original ordinance does not link this explicitly to the 1990 code.
Ms. Adams said staff's position is that one does not get to use the floor area from 1990
calculated straight from R-6 and adding a TDR on top of that, which gives 1,000 more square
feet than would be allowed under the current code. Jim True, city attorney, stated the ordinance
approving this sets forth the square feet allowed based on the 1990 code and landing TDRs
would be mixing the two codes. Ms. Adams explained the calculations the applicant would be
using would be under today's code; the maximum floor area is locked in, not the size of the lot,
not what counts and what doesn't. Wilson said the 1990 code was much more liberal without
deductions from lot area.
Wilson said for any developable site in Aspen, one can calculate the maximum FAR and then
add to that with a TDR,the point of a TDR is to be able to increase the maximum FAR. Wilson
said the maximum FAR allowable in the approving ordinance is calculated from the then code; it
was not a negotiated number. True pointed out the FAR was based on the size of the lots and the
1990 code and were set forth in the ordinance and adopted by Council. Asking for a TDR on top
of that would be inconsistent with the 1990 approval. Wilson reiterated the maximum FAR
number in the 1990 ordinance was what the FAR would have been using that code to calculate it.
True said there is an approval for this lot split with a maximum FAR spelled out in the
ordinance;to land a TDR on top of that maximum FAR would be inconsistent with that
approval. True said the applicant could accept the FAR from the current code, which would be a
lower square footage, and then request a TDR be landed.
Wilson noted there is nothing in the ordinance that ties this project to the 1990. True stated it is
implicit that the FAR calculation in the ordinance is based on the land use code in effect.
Councilwoman Mullins said the applicant is asking to take advantage of a code amendment from
5 years ago and if the applicant wants to do that,they need to use the land use calculations in
effect with that code. Councilwoman Mullins said the applicant can stick with the approval or
they have to use today's land use code. Councilwoman Mullins stated she would support the
current code as generally code amendments are for a good reason.
Wilson reiterated this approval is not held to every part of the code except for the FAR; there
was no Hallam Lake bluff review or residential design standards in 1990. Wilson said it seems
the city is also picking and choosing what parts of the code-to apply to this project. Councilman
Frisch said he would like more legal opinion on this issue, the precedence of it and how it may
affect other properties. Chris Bendon said this ordinance set forth the maximum FAR and site
coverage limitation. Bendon said staff looks at this property as evolving with the codes over
time; all properties are affected by current zoning as it changes. Bendon pointed out one of the
criteria of landing TDRs is that there is not a document that specifies a floor area that does not
allow for the use of a TDR. Any subdivision that sets forth a specific floor area did not
anticipate a TDR program and requires Council approval. Bendon said the question is whether
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Regular Meeting Aspen Citv Council July 22 2013
this applicant can benefit from the 1990 program, which allows more square footage than today,
and the TDR program. This is a request to allow more square footage on this site.
Bendon said the 1990 ordinance sets forth the maximum floor area and maximum site coverage
for these sites; the ordinance did not cite any other things like setbacks; it only cites two
attributes. Bendon said this request would cherry pick from several codes to get something that
is not allowed under the present code. True said the applicant can apply under the present code
and apply for a TDR. Ms. Adams told Council P&Z did not discuss landing TDRs as it is not in
their purview; they reviewed the Hallam Lake Bluff sensitive area criteria. P&Z focused on the
mass of building being removed from the lake area.
Councilman Frisch said he would not support allowing applicants to cherry pick from land use
codes. Wilson said the applicants thought this was an administrative review and not as
complicated as it has become. Wilson said they are taking an FAR stated in an ordinance and
asking to add a TDR to that. True stated the applicant is saying that the 1990 ordinance
approving this subdivision does not specifically say that the existing land use code applies to all
aspects of the development; it does not explicitly refer to the 1990 code and that it applies to
every evaluation of the 1990 subdivision approving ordinance. True said an ordinance does not
have to explicitly incorporate a code to have it apply;the code applies by implication.
True pointed out the 1990 ordinance refers to the 1989 land use code in approving the
subdivision, which is an explicit reference to the 1989 code. Bendon said there was a discussion
in the community about lowering the FAR and the then-applicant wanted a lot split but also to
vest themselves against changes to FAR and site coverage. Bendon said that is not something
that would be granted today. The numbers in the 1990 ordinance are very specific and were
calculated from the code in place. This approval did not vest against any other changes.
Mayor Skadron said one course of action is to table this while the city attorney's office looks
into the legal aspects. Mayor Skadron said the property contains maximum floor area as outlined
in the 1990 ordinance and therefore, landing a TDR is not allowed. The property should be
governed by one code. Councilman Daily said the allowable FARs under the two different codes
are inconsistent and no one is arguing that the 1990 code should be applied. Councilman Daily
said the city needs to promote consistency and fairness and the applicant cannot enjoy the best of
both codes. Councilman Daily said he is not comfortable approving this request.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to adopt Ordinance#28, Series of 2013, on second reading;
seconded by Councilman Frisch. Roll Call vote; Councilmembers Romero, no; Frisch, no;
Daily, no; Mullins, no; Mayor Skadron, no. Motion NOT carried.
Wilson requested a continuance to get better understanding of the legal implications.
Councilman Romero moved to continue Ordinance#26, Series of 2013, to August 26; seconded
by Councilman Frisch. All in favor, motion carried.
Councilman Frisch moved to adjourn at 7 p.m.; seconded by Councilman Daily. All in favor,
motion carried.
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Regular Meeting Aspen City Council July 22,2013
Kathryn Koch
City Clerk
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