HomeMy WebLinkAboutminutes.council.20160926Regular Meeting Aspen City Council September 26, 2016
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CITIZEN COMMENTS ..................................................................................................................................... 2
COUNCILMEMBERS COMMENTS .................................................................................................................. 2
AGENDA DELETIONS ..................................................................................................................................... 2
CONSENT CALENDAR .................................................................................................................................... 3
Resolution #135, Series of 2016 – Approval of CMAQ Grant Agreement ............................................ 3
Resolution #136, Series of 2016 – Contract Approval for Renewal of an Esri Enterprise Advantage
Program......................................................................................................................................................... 3
Resolution #137, Series of 2016 – Appointment of Assistant City Attorney ........................................ 3
Minutes – September 12, 2016............................................................................................................. 3
NOTICE OF CALL UP – Notice of HPC approval of Demolition, Relocation, Conceptual Major
Development, Special Review, Residential Design Standards Review and Variations for 834 W. Hallam
Street, HPC Resolution #24, Series of 2016 .................................................................................................. 3
ORDINANCE #27, SERIES OF 2016 – 834 W. Hallam Street – Ordinance Amendment ................................. 4
ORDINANCE #26, SERIES OF 2016 – Smoking Vehicle Ordinance ................................................................. 4
ORDINANCE #25, SERIES OF 2016 – Aspen Meadows Townhomes – Project Review Amendment to a
Planned Development Approval ................................................................................................................... 5
EXECUTIVE SESSION ...................................................................................................................................... 5
CALL UP – 230 E. Hopkins Ave. Mountain Forge Building ............................................................................. 5
Regular Meeting Aspen City Council September 26, 2016
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Myrin
and Daily present.
CITIZEN COMMENTS
1. David Harris told the Council he was chosen as a participant in the citizen’s academy. The first
night was a rousing success. Barry told them we want all of you to know who we are. He plans
on going to all of the sessions.
COUNCILMEMBERS COMMENTS
Councilwoman Mullins recognized John and Lynn from Transportation for the award they were given last
Thursday night. John Krueger said the Colorado Association of Transit Agency conference was held in
Snowmass over the last week. They were given the award for the resort transit system of the year for the
state of Colorado. The plaque is on the way. Ruby Park was a major piece of the system.
Councilwoman Mullins welcomed everyone to the citizen’s academy. She also attended the joint open
space and trails meeting. There was a presentation by parents, the music school and country day school
about the need for a trail along the road. There was a video and it is compelling for the need for a trail as
soon as possible. Council and staff should make this a priority. Mayor Skadron said the city has a 25
percent role in this project. Councilwoman Mullins said riding down Hopkins she saw P&Z will be
looking at the resort project for annexation on October 4th. Council should get this project back to discuss
the annexation before any more staff time is spent on this. Jim True, city attorney, said this has gone
through the statutory requirements for annexation. There are clear steps go through before annexation. It
is at the stage of the land use process because people want to understand what is being proposed. They
submitted an application consistent with that theory. You always have that right to determine if it is right
for annexation beyond those technical provisions. If you wish us to bring an ordinance back for the
consideration of that final step of annexation we can do that. You just need to direct us to do that. The
annexation decision is a legislation act and deemed discretionary by Council. It is up to you, you just
need to give us direction. Councilwoman Mullins said she would support that. I got an email from Adam
and I think he would support that. Mayor Skadron said he would also support that. Mr. True said we
could bring that back at the next meeting. There will be some information from the October 4th P&Z
meeting. Councilman Myron said he thinks we should hear it. I am on board with you. Mayor Skadron
said he wants to be confident we are not violating the rights the applicant has and wants them to know our
intentions. Mr. True said they are aware there was going to be a request today. They will be given a right
to make comments at the first reading of the ordinance. They are aware of even this step.
Mayor Skadron said the County on Thursday at 4 is having a meeting about the airport. The citizen’s
academy is an exciting program. It is a chance for the community to understand government programs.
He visited Garmisch for the 50th anniversary of the Sister Cities program. They dedicated an entire park
to Aspen. He gave a thank you to the good people of Garmisch. Tomorrow at the Wheeler is a program
called Rock the Presidents showing 223 years of presidential history. It’s really good. Thanks to Debbie
Quinn, this is her last meeting with us tonight. She spend the last four and a half years with us making
sure we are doing everything good.
AGENDA DELETIONS
Item 9B Ordinance #24- 119 Neale Avenue Minor Subdivision Amendment and Transferable
Development Rights- is being continued to November 14.
Regular Meeting Aspen City Council September 26, 2016
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Councilwoman Mullins moved to continue Ordinance #24, Series of 2016 to November 14, 2016;
seconded by Councilman Daily. All in favor, motion carried.
CONSENT CALENDAR
Resolution #135 – CMAQ grant agreement
Councilwoman Mullins asked how many vehicles are being replaced. Mr. Krueger replied it will be two
car share vehicles. It is a congestion mitigation grant. We pay for the entire amount and are reimbursed
for $72,000. The net cost is $14,970.
Resolution #136 – ESRI
Councilwoman Mullins asked if we pay the 26,000 dollars annually. Bridgett Kelly, GIS, replied yes we
are assigned a team and this is looked at every year so it is a yearly contract.
Resolution #137- assistant attorney appointment
Mr. True said we are requesting moving forward with the appointment and hiring of Andrea Bryan.
Andrea Bryan told the Council she is currently the chief deputy attorney for Pitkin County. She met with
council individually and went through an extensive interview process. She is looking forward to continue
to serve Aspen. Councilman Daily said he is excited to have her on board. Councilwoman Mullins asked
when her start date is. Ms. Bryan replied October 24th. Mayor Skadron said we are excited to have you.
Ms. Bryan said she knows it will be different and she is excited to be here. Mr. True said we are excited
to have her and she is extremely qualified.
Resolution #135, Series of 2016 – Approval of CMAQ Grant Agreement
Resolution #136, Series of 2016 – Contract Approval for Renewal of an Esri Enterprise
Advantage Program
Resolution #137, Series of 2016 – Appointment of Assistant City Attorney
Minutes – September 12, 2016
Councilman Daily moved to adopt the Consent Calendar; seconded by Councilwoman Mullins. All in
favor, motion carried.
NOTICE OF CALL UP – Notice of HPC approval of Demolition, Relocation, Conceptual Major
Development, Special Review, Residential Design Standards Review and Variations for 834 W. Hallam
Street, HPC Resolution #24, Series of 2016
Justin Barker, community development, told the Council HPC reviewed this project on August tenth. It is
a 100 percent affordable housing project. It is also a land mark project. The design review included two
variances for side yard and minimum distance between buildings. There is a reduction in one parking
space. The next item on the agenda is also for this property. The ordinance caps the floor area. The
proposed design and floor area are highly related. Staff recommends the call up to coincide with the
second reading of the ordinance.
Councilman Myrin said from the process side we have done this a few times to coincide call up with
second reading to have authority. We won’t be delaying anything for the applicant. Mr. Barker said that
is correct. Councilman Myrin said that sounds good.
Regular Meeting Aspen City Council September 26, 2016
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Councilwoman Mullins said she agrees. She said for second reading to make it clear what are the final
drawings and elevations. Also to identify what the setbacks are and which have variances and what
building are less than 10 feet apart. She also asked how the ditch is being treated.
Councilwoman Mullins moved to call up 834 W. Hallam, HPC Resolution #24, Series of 2016; seconded
by Councilman Myrin. All in favor, motion carried.
ORDINANCE #27, SERIES OF 2016 – 834 W. Hallam Street – Ordinance Amendment
Mr. Barker stated this is an amendment request. The property is located in the mixed use zone district.
The underlying zoning has a 2 to 1 floor area ratio. The 1994 ordinance established the 4,000 square foot
floor area cap. This will amend that number to 5,400 to accommodate the affordable housing project.
Councilman Myrin said it is a 6,000 square foot lot with a 2 to 1 FAR or 12,000 FAR. What is proposed
is less than 12,000. Mr. Barker replied it is 5,300. Councilman Myrin said it is a fraction of what we
allow. Why are we building so much less than what we allow when we need housing. We are quite a
ways below than what we allow. Usually it is the other way around.
Councilman Daily moved to read Ordinance #27, Series of 2016; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 27
(SERIES OF 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING
AN ORDINANCE AMENDMENT TO ORDINANCE 34, SERIES OF 1994, FOR 834 W. HALLAM
STREET, LOTS K AND L, BLOCK 10, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Councilman Daily moved to adopt Ordinance #27, Series of 2016 on first reading, seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Myrin, yes; Mayor
Skadron, yes. Motion carried.
ORDINANCE #26, SERIES OF 2016 – Smoking Vehicle Ordinance
Jannette Whitcomb, environment health, said this will provide local authority of 40 percent emissions of
heavy duty vehicles. The penalty section has been change to clarify the fine of 500 dollars. No retrofits
are required. It is just proper routine maintenance. There is a 60 day window for owners that have a
vehicle that fail to repair prior to any fines. It gets the heaviest polluters off of the streets at this time.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #27, Series of 2016; seconded by Councilman Daily.
Roll call vote. Councilmembers Myrin, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
Regular Meeting Aspen City Council September 26, 2016
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ORDINANCE #25, SERIES OF 2016 – Aspen Meadows Townhomes – Project Review Amendment to
a Planned Development Approval
Hillary Seminick, community development, told the Council this property is located in Lot 5 of the Aspen
Meadows PD. There are 11 townhomes. Eight were built in the 60s and three in the 90s. The PD limits
the number of bedrooms for the units. The maximum floor area on Lot 5 is 27,500 square feet or 2,500
for each unit. There are three non-conforming units. There is no physical development proposed at this
time. It is just reallocating floor area between the existing units. This will simplify the permit process by
eliminating the need to calculate floor area for all the units. The request has been amended since first
reading. The applicant is no longer requesting the additional 128 square feet.
Councilman Daily said it is an elegant solution.
Councilman Myrin asked if the additional square footage disappeared. John Sarpa, representing the
applicant, replied it will if they demolish.
Councilwoman Mullins asked if the cap remains on the individual units but not overall on lot 5. Ms.
Seminick said that is correct. Councilwoman Mullins asked if they can they add 10 more units. Ms.
Seminick said it would be a separate application. Mr. Sarpa said you could only build 27,500 square feet
on lot 5. Each of the 11 home owners could only do that for each unit. Councilwoman Mullins said it
wasn’t clear we were keeping the cap.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Daily moved to adopt Ordinance #25, Series of 2016; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Myrin, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
EXECUTIVE SESSION
Mr. True recommended Council go in to executive session pursuant to C.R.S. 24.6.402(4)(b) conference
with attorney to discuss water issues.
Councilman Daily moved to go in to executive session at 5:50 p.m.; seconded by Councilwoman Mullins.
All in favor, motion carried. At 6:22 p.m. Councilwoman Mullins moved to come out of executive
session; seconded by Councilman Myrin. All in favor, motion carried.
CALL UP – 230 E. Hopkins Ave. Mountain Forge Building
Jessica Garrow, community development, told the Council they can accept the P&Z decision, remand
back or continue for additional information. This is limited to commercial design review. P&Z reviewed
the application three times. They voted six to one to approve the project. It is a remodel and expansion.
There are two free market units, one affordable housing unit and 4,800 square feet of commercial space.
There is a gable element along Hopkins. The Monarch Street façade goes to a complete gable. The
middle element goes to a flat roof. Because of the reuse of the existing building no demo is triggered.
The flat roof is at 23 feet and is under the 28 to 32 foot height limit. The Monarch and alley gable is 23
feet 4.25 inches. Hopkin and Monarch is 34 feet and 5 and a half inches. Height is measured from the
bottom of the areaway. They are bringing up the grade and decreasing the non-conformity. The project
meets the underlying zoning. Council asked about the building access. Currently it has two access
Regular Meeting Aspen City Council September 26, 2016
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points. The new project will have two additional access points. For public amenity, the existing is 490
square feet. Code requires 10 percent be provided as on site, off site or cash in lieu or 600 square feet.
The proposal is just over 1,000 square feet through a combination of on and off site.
Council can accept the P&Z recommendation, remand back or continue for additional information.
Dana Ellis, Rowland & Broughton said that currently there is an affordable housing unit on the site and
three stories of commercial net leasable. The plan is to add two free market residential and one affordable
housing unit. They wanted to change the building forms to incorporate those of the neighboring
structures, reorganize and improve the commercial space, maintain the unique site features and enhance
the pedestrian experience. They also meet the height limit and reduce the non-conformities as well as
provide two new free market residential units, maintain a parking deficit, provide onsite affordable
housing and meet the environmental health requirements for trash and recycling.
The public amenity space included an improved sidewalk, crosswalk and pedestrian seating. It is 1,019
square feet or 17 percent of the site.
For parking the existing development requires six spaces; five for commercial and one for the affordable
housing. There are four compliant existing spaces. They are paying cash in lieu for the deficit.
For the trash and recycling area they have worked with environmental health to exceed the code
requirement by 75 percent.
The benefits of the project include it is a sustainable development that utilizes the existing structure. It is
a unique aspect of Aspen history. It improves the pedestrian experience. There will be on sit affordable
housing. It will have more compatible architecture.
Councilwoman Mullins said one of the project objectives is the use of the gable in town. Are
asymmetrical ones appropriate, especially directly across from White House. Speaking of the center
mass, it still looks a bit massive for that spot. I think you are right about the proportions. There is room
for improvement. I push it because there are fewer places to build and remodel and everyone needs to be
exceptional. The other is the public amenity. I don’t see the benefit. It appears the benefit is the setback.
The streetscape improvements are fine. She is not convinced the public amenity is adding anything. She
would like to see cash for some other improvement. Ms. Garrow said the way the code is written is the
setback can count as public amenity. A building cannot go there because it is a setback. Right now it
counts.
Ms. Ellis said the only space feasible to break up is the second floor. Do you think taking a horizontal
approach would be appropriate? Councilwoman Mullins replied it wouldn’t be fair for us to design it.
The horizontal piece does break it up some. Ms. Garrow asked if that could be resolved through the
materials or is it more the massing. Councilwoman Mullins said it could be, but how do you respond to
the gables. Ms. Garrow said the north elevation is part of the issue of the nonconformity. It cannot be a
symmetrical gable and meet the height limitation. That element is tough because how we measure height
and the courtyard. Councilwoman Mullins asked if we need to accept a somewhat awkward looking
building because of limitations in our land use code. Ms. Garrow said if it was a symmetrical gable it
would trigger a public vote. Ms. Ellis said the asymmetrical gable came before we knew that. It is
something we can look at.
Regular Meeting Aspen City Council September 26, 2016
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Councilman Myrin said on page 402 it has the current and new buildings. Tonight we are limited to roof
forms, mass and public amenity. I think we got here because of the Monarch side. Changing the roof to a
flat roof created this mass. The top of the current building feels more welcoming and human scale. The
proposed one doesn’t. The moratorium is looking at FAR and would provide some relief.
Councilwoman Mullins stated it is the proportion and windows. Councilman Myrin asked if we can get
to that direction from this meeting. Ms. Garrow said if you were to remand this back you would need to
focus on the massing and roof form and window elements. Councilman Myrin said the old one seems to
work. The easiest thing to do is shrink the mass. I know that is what you are not trying to do. Ms.
Garrow said any direction on materials and windows would be taken through staff recommendation and
be a record to P&Z. Councilman Myrin asked if we can remand a step back on the second floor. Ms.
Garrow said sure. Councilman Myrin said that is what he is a little more comfortable with. Reducing the
mass on the second floor. If P&Z can find a solution that achieves that in a different way I’m ok with it.
I don’t know if there is a way to make a building feel more welcoming. Part of that friendless is reflected
in the public amenity space. Will there potentially be a restaurant in this space? Ms. Ellis said yes. He
encouraged them to build a building that is sound proof and where the neighbors will not be calling the
police on the restaurant and making the front page of the papers. Ms. Ellis replied we are aware of that.
Councilman Daily said fundamentally he agrees with what Council has been talking about. The massing
is a little strong for me. Across the street is small town Aspen. He does not want this to be totally
inconsistent with what is across the street. Breaking up the massing will go a long way to making this
feel part of the neighborhood. He appreciates what they have done with the large window well.
Mayor Skadron said his primary concern was the middle massing. Why does it end up this way. Is it
because of the attempt to reuse this building. Ms. Ellis stated that is 100 percent why. Mayor Skadron
said there is an added value here in not being a total demolition.
Ms. Garrow said they can examine creating symmetrical gables, ways to reduce or break up the mass on
the Monarch side on the second floor through a second floor setback or changes in materials and look for
ways to make the site more pedestrian welcoming along Monarch.
Councilwoman Mullins moved to remand back to P&Z with the above conditions; seconded by
Councilman Daily. All in favor, motion carried.
Councilman Daily moved to adjourn at 7:25 p.m.; seconded by Councilman Myrin. All in favor, motion
carried.
Linda Manning, City Clerk