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HomeMy WebLinkAboutminutes.council.20060814 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 OUTSTANDING EMPLOYEE BONUS A W ARDS......................................................... 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 4 CONSENT CALENDAR ................................................................................................... 6 . Resolution #60, 2006 - Allocation ofREMP Funds .............................................. 6 · Resolution #63, 2006 - Amendment Electric Resources Pooling Agreement MEAN ............................................................................................................................. 6 · Appointment of Alternate Director to MEAN Board - John Hines ....................... 6 · Resolution #64,2006 - Endorsement 0 25 x 25 Initiative...................................... 6 · Minutes - July 24, 2006..........................................................................................6 RESOLUTION #61,2006 - Contract Planning Services - Alan Richman ....................... 6 RESOLUTION #62, 2006 - Contract Planning Services - Clarion Associates ................. 6 ORDINANCE #35, SERIES OF 2006 - North Spruce Water Agreement Amendment.... 6 ORDINANCE #24, SERIES OF 2006 - 1001 Ute Consolidated PUD.............................. 7 ORDINANCE #26, SERIES OF 2006 - Boomerang Lodge PUD..................................... 9 ORDINANCE #27, SERIES OF 2006 - Code Amendment TDRs.................................. 16 ORDINANCE #32, SERIES OF 2006 - 403 West Hallam Establishment of2 TDRs.... 17 434 EAST COOPER HISTORIC DESIGNATION ......................................................... 19 1 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers DeVilbiss, Johnson, Torre and Richard present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Klanderud and Council presented outstanding employee bonus awards to Don Pergande, finance department; Paul Kulik, recreation department; and Ben Gagnon, Barry Crook and Mitzi Rapkin, manager's department. CITIZEN COMMENTS 1. Anna Zane, Twin Ridge, stated the Twin Ridge homeowners are upset with the cell phone tower being erected. Ms. Zane showed Council photo simulations presented at the approval meetings and presented photos of the actual tower. Ms. Zane said it is visually awful and sticks out. Ms. Zane noted Council's approvals indicate the tower was not to be on a ridgeline and it is on a ridge line. Ms. Zane requested the city plant shrubs or trees to buffer the tower. Ben Gagnon, community development department, told Council he reviewed the process with the homeowners. The tower was erected on city property. 2. Phil Bloemsma, Twin Ridge homeowner, said he is displeased with the way the tower looks and also they way the association was notified of the insubstantial PUD. Bloemsma said this was a substantial change to a pristine piece of property. Bloemsma requested the city look at this and see how it can be covered. 3. Kent Reed, director Hudson Reed ensemble, thanked the Council and the parks department for allowing the Shakespearean series on the library park plaza. Reed said they have had over 250 attendees to the free Shakespearean performances. Mayor Klanderud congratulated Reed for finding a use for that area and for bringing people into that circle. 4. Barry Gordon told Council he represented the retailers on the Aspen Chamber Resort Association board and also started the retail merchant association with the function to create vitality into Aspen. Gordon said the elements that make a resort town successful are fine dining, exceptional lodging and a shopping experience. Gordon said several years ago the shopping experience was dull and Council hired consultants to give ideas on how to rejuvenate the shopping. Gordon said the issue of racks outside stores on city sidewalks has arisen. Gordon said it is essential to allow sidewalks displays, which create vitality. Gordon asked why the city is enforcing not allowing racks on public sidewalks. Lennie Weinglass, Boogie's Diner, told Council he has been asked by city staff to remove his racks from the sidewalks. Weinglass said the law not to allow commercial displays is enforced only upon complaint. Weinglass told Council he was asked to remove his sign from the sidewalk and he walked around town since and counted 30 2 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 sidewalk signs. Weinglass noted he has lost $60,000 on the sidewalk sales and the city has lost 8.6% of the sales tax on those sales. Mayor Klanderud suggested staff and Council look at the existing regulations. Weinglass said sidewalk displays are a win/win situation for tourists, businesses and city. Weinglass said there are many businesses with signs, racks, bicycles and tables on city property. Lily Garfield, Cos Bar, said she does not believe in putting merchandise on the sidewalks. Ms. Garfield said the Cos Bar has been in business for 30 years and is also located in other resort communities. Ms. Garfield said merchandise outside is not allowed in other communities. Ms. Garfield said merchandise out on the street cheapens the neighborhood. Mickey Alper said the code states no commercial activity outside; however, this has not been enforced. Alper said he would like to be included in any discussions about outdoor merchandising. Mayor Klanderud said she would like to see staffs proposal before next summer. Chris Bendon, community development department, noted the Frick and Beer report recommended the city relax some of its regulations on outdoor displays. Bendon said since that report the city has been in a period of experimentation. Most feedback from the community has been positive. Bendon said the complaints on outdoor sales racks have increased this summer. Bendon agreed the regulations need to be looked at again and the retailers and CCLC should be involved in that discussion. Bendon said this discussion cannot happen until after the retail season and after the building moratorium. Bendon said the options are to curtail the areas with the most complaints, like racks of sales items, and to allow for representative displays. The other option is to let outdoor merchandizing run rampant, which staff does not support. Bendon said retailers have been appreciative of the city's efforts to maintain a quality standard in town while making a more exciting retail environment. Bendon stated this is a tricky policy to implement with a wide range of opinions on what is appropriate. Bendon told Council staff has developed an informational brochure, which describes the intent behind the regulations and gives examples of what is and what is not allowed. Councilman DeVilbiss agreed tasteful representative displays should be allowed until staff and Council have a chance to review the regulations. Councilwoman Richards agreed with that course of action; it is a delicate balance. Councilman Torre said it seems like the code is different for different businesses. Councilman Torre asked if the retail association has a representative to deal with the city. Bendon said Frick and Beer's recommendation was for them to get organized so the city can have someone to contact. Mayor Klanderud said CCLC is a valuable group to work with the retailers to come back to Council with suggestions on the existing code and any amendments. Mark Goodman, retailer and CCLC member, said a business improvement district would be the best venue for this discussion. Goodman suggested one day a month allowing racks outside as an event. 3 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 5. Marcia Goshorn said a year ago Council helped with the rent for seniors at the Aspen Country Inn and there is now a double increase in rent. Ms. Goshorn told Council the seniors are being asked to pay this increased rent until this topic can get in front of Council. Steve Barwick, city manager, told Council the only rent increase going into effect is that required by the partnership agreement. The other rent increases are put off until Council meets with housing and discusses the budget. Ms. Goshorn said the seniors also pay their utilities, which are being increased. Councilwoman Richards said she intends to look for long term solutions for this project and the long term health of the project. Councilwoman Richards said this is out of sync with the city's budget policy. Mayor Klanderud said the increase is effective September 1 st and she recommended discussing this at the regular meeting August 28th. 6. Toni Kronberg requested Resolutions #61 and 62 be pulled from the consent calendar. Ms. Kronberg told Council Snowmass has built a beautiful pool complex for $900,000. Aspen will be going into design for an outside pool and should look at Snowmass pools. COUNCILMEMBER COMMENTS 1. Councilman DeVilbiss moved that Ordinance #31, Series of2006 be continued to August 28 at the request ofthe applicant; seconded by Councilman Johnson. Mayor Klanderud noted Council received a call up notice on this property, 100 East Bleeker, on July 26, which would expire August 26. Mayor Klanderud stated she has questions about using both the FAR bonus and the selling of the TDRs. Mayor Klanderud said if it is important to call up the HPC decision to address the bonus and TDRs, she does not want to miss the call up date deadline. All in favor, motion carried. 2. Councilman Torre requested an executive session to consult with the city attorney. 3. Councilwoman Richards said Council considered the Bidwell building at their July 24th meeting and Council's rules allow reconsideration of a decision at the next regular meeting. Councilwoman Richards brought up the City's Code of Ethics, which state in a quasi-judicial hearing Council may not hold ex parte conversations outside the public meeting arena so that all conversations happen in Council Chambers. Councilwoman Richards said the city conducts trainings for its board members. Councilwoman Richards said one of the HPC board members stated "I have interviewed virtually every tenant in that building". Councilwoman Richards said she feels this member was trying to do due diligence but it was out of order. Councilwoman Richards stated she feels very strongly about new development and the loss of character in Aspen's downtown. Councilwoman Richards said it is difficult for Council to nullifY or overturn a volunteer board's decision. Councilwoman Richards noted Council met in work session with HPC Aprill7'h to discuss listing on the inventory post World War II 4 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 buildings that are key to the character of the community. The outcome of that work session was that putting forth post war properties without owner consent is generally acceptable. Councilwoman Richards pointed out staff strongly recommended the structure at 434 East Cooper as significant to Aspen's downtown. Councilwoman Richards requested a Council member in the majority reconsider that decision or that Council add an item to the agenda to nominate the property at 434 East Cooper for historic designation and then conduct the necessary review to designate it. John Worcester, city attorney, agreed staff tells all board members not to hold ex parte contacts; it is not proper for Board members to conduct conversations outside the public hearing arena. Worcester said when members have contacts outside a meeting, they announce it at the public meeting. Worcester said Council has to determine whether this ex parte conversation was harmful or prejudicial to the process. Councilman DeVilbiss stated he reread the entire packet and record from the discussion of 434 East Cooper and will not move to reconsider. Councilman DeVilbiss agreed he would like to see the building remain. Councilman Johnson said he has gone over the evidence and record many times and cannot support reconsideration. Councilman Johnson said the process of designating this building should have begun before a discussion of demolition, and he will support adding this to the agenda. Worcester told Council the applicants have demolition approval on the condition HPC reviews and approves their conceptual plan, which has not been done. The Code allows Council to initiate an application for historic designation. Councilman Johnson said this will initiate a public process that goes to HPC. The applicant makes a presentation and there is public input. HPC decides and makes a recommendation to Council, who also hear arguments from the applicant and from staff. Councilman Johnson stated he supports this because Council will be discussing the building from a perspective of preservation rather than from demolition. Councilman Johnson said he feels the building deserves a fair hearing. Councilwoman Richards said just because a property is historically designated does not mean it cannot be gutted and rebuilt. Councilwoman Richards said there is a distinct difference when HPC is reviewing a non-designated building within a historic district versus discussing the merits of designation. Councilwoman Richards said the straw poll taken at the April work session was that it is generally acceptable to put forward key post war properties without owner consent. Councilwoman Richards stated this is a key property and Council should be able to discuss the merits of the building separate from the HPC process. Councilwoman Richards moved to add to the agenda as action item A initiating historic designation for 434 East Cooper; seconded by Councilman Torre. All in favor, with the exception of Councilman DeVilbiss and Mayor Klanderud. Motion carried. 4. Bentley Henderson, assistant city manager, introduced the new city engineer, Tricia Aragon. Chris Bendon, community development department, introduced Sara Adams, new historic preservation planner. 5 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 5. Mayor Klanderud said last week the RFTA board reaffirmed its position to construct a trail between Hooks Bridge and Catherine Store. Mayor Klanderud said there were public comments on both sides of the issue. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is: . Resolution #60,2006 - Allocation ofREMP Funds . Resolution #63, 2006 - Amendment Electric Resources Pooling Agreement MEAN . Appointment of Alternate Director to MEAN Board - John Hines . Resolution #64, 2006 - Endorsement 0 25 x 25 Initiative . Minutes - July 24, 2006 All in favor, motion carried. RESOLUTION #61. 2006 - Contract Planning Services - Alan Richman RESOLUTION #62, 2006 - Contract Planning Services - Clarion Associates Toni Kronberg said there is a moratorium in place so the regulatory and guidance of the codes can be straightened out. Ms. Kronberg said asked how these contracts will handle the HPC guidelines, which are in direct competitions with infill regulations. Councilwoman Richards said this will be resolved in a series of work sessions and the city needs the consultants to look at these issues. Mayor Klanderud stated the city is hiring consultants to provide services and if Council requests specific issues, the consultants will address them. Mayor Klanderud said these contracts will determine what issue need to be addressed. These contracts do not specify what details will be studied. Mayor Klanderud said Council will determine the scope of work for contractees. Councilman DeVilbiss moved to approve Resolutions #61 and 62, Series of2006; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #35, SERIES OF 2006 - North Spruce Water Agreement Amendment Councilman DeVilbiss moved to read Ordinance #35, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 35 Series of 2006 6 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FOURTH AMENDMENT TO THE WATER SERVICE AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH ANDDONNA M. TIMROTH, AS AMENDED BY THE FIRST, SECOND AND THIRDAMENDMENTS THERETO, FOR PROVISION OF TREATED WATER SERVICE TO A PRIVATE WATER SYSTEM, TO AUTHORIZE THE CITY TO PROVIDE AN ADDITIONAL 2.5 ECUS TO 777 NORTH SPRUCE STREET. Councilman Torre moved to adopt Ordinance #35, Series of2006, on first reading; seconded by Councilwoman Richards. Mayor Klanderud said the memo states this is a privately owned water system, and there were conditions this system had to meet in order to move forward. Mark O'Meara, water department, told Council the owners have approached the city to take over the water system because it involves a pump station and distribution system. O'Meara said at that time the city was not involved in the pump station and it did not meet city standards and the city did not agree to take over the pump station. The applicants are working on the pump station and meeting the standards is a condition. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #24, SERIES OF 2006 - 1001 Ute Consolidated PUD Councilman Torre recused himself due to a conflict of interest. James Lindt, community development department, stated this is a request for subdivision approval for two single family houses and one affordable housing unit. Lindt reminded Council the discussion at the last meeting centered on the floor area ofthe single family houses. Staff recommended a floor area of 3800 square feet/residence, consistent with the adjacent Hoag subdivision. The applicant requested 5040 square feet. Lindt said staffs concern was the visibility ofthe massing from Ute Avenue of the two single family houses. Council continued this hearing to see ifthe applicant could reduce the apparent massing of the facades of the single family dwellings. Lindt noted staff and the applicant met and the applicant presented design controls to reduce the apparent massing from Ute avenue with the premise there are r factors other than floor area contributing to the massing of a fa,.ade. The design controls revise the massing to reduce the overall width of the facades ofthe buildings by 8%, or 7 to 10 linear feet. The applicants propose to reduce the maximum ridge height for the width of the structure to a total of 27', which is down from 6' across the overall width of the structures. These 2 reductions reduce the overall surface area of the front fa,.ade by 20% of each of the structures. The applicant proposes a height control over 20% of the width of each of the front facades of not more than 22'. This will insure a differentiation of the roof. These design controls will push more of the square footage back into the hill and 7 -.... I Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 make it less visible. Lindt said there are benefits to the project, providing a conservation easement on 4 acres ofthe parcel, a category 4 for-sale affordable housing unit. Lindt said the proposed design controls will provide relief from the overall massing concern that staff has had. Glenn Horn, representing the applicant, said the geological concerns were addressed at the last meeting; the defensible space and revised landscape plan were presented. Horn said the snowmelt of the driveway has been eliminated. The outstanding issue was floor area; Council was concerned about the mass of the structures. Horn agreed floor area alone is not the best way to address what the buildings will look like. Horn went over the drawings showing the original proposal, focusing on the mass above grade, 1001 Ute massing proposal dated August 11, 2006. Horn showed a case, the most massive version of 3800 square feet plus garages with one story above grade, 33' to the top ofthe ridge, illustrating floor area might not be the best indicator of mass. The third case shows a single family house of6870 square feet, which is allowed by right, one story 33' high with 9960 square feet of surface area above grade. Horn presented case 4, the revised proposal with 5040 square feet, with the height reduced to 27' and the width from 127' to 118'. Also reducing 20% of the ridge 5' below the higher portion ofthe ridge. Horn said this represents a 28% reduction in the visible mass above grade. Horn said another case study prepared was the worst case, most massive design of the 5040 square foot proposal. Horn presented a bar chart showing the original proposal 4191 square feet of surface area above grade and the revised proposal showing the mass above grade and the most massive proposal and the one single family residence, titled 1001 Ute massing study. Horn showed the proposed design before the design controls were added. Horn presented a chart illustrating the massing on the adjacent lots to the proposed massing on 1001 Ute, looking at the width and height of these buildings. Horn said the design controls proposed by the applicant have been added to the ordinance. Horn pointed out the PUD section of the municipal code lists the purposes, one of which is to promote the goals and objectives of the Aspen Area Community Plan. Horn said the category 4 unit and dedication of 4.1 acres of open space as well as a trail easement are consistent with the goals of the AACP. Another purpose is a development pattern compatible with the future land uses, promoting efficient use ofland, which the applicants feel they have met. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Johnson asked about secondary mass. Lindt answered secondary mass is a requirement for residential design standards; this project will have to comply with or get a variance from P&Z. Lindt stated it is appropriate to allow P&Z review this. Councilman Johnson moved to adopt Ordinance #24, Series of2006, on second reading; seconded by Councilwoman Richards. 8 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 Councilman Johnson said this changes are substantial and helped to prove that a larger building can result from a smaller floor area and vice versa. Councilman Johnson said he appreciates the massing proposal and the design controls for this project. Mayor Klanderud said she, too, appreciates the work and is pleased with the community benefits of open space and trail dedication. Councilwoman Richards asked about adding a "no prohibition against dogs" in condition #7, which the applicant had agreed to in a earlier meeting. Council agreed. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #26, SERIES OF 2006 - Boomerang Lodge PUD Joyce Allgaier, community development department, pointed out there are additional materials in the packet since the last public hearing. Ms. Allgaier noted some issues were setbacks, height, number of units, lodge unit density and the historic east wing. Ms. Allgaier reminded Council at the last meeting, there was a discussion about height and the relationship with the neighborhood. The building height has been reduced from 42' to 39' as the maximum and no portion ofthe building exceeds 39', and only 20% of the building is 39'. Ms. Allgaier said the higher portions ofthe building are located along Hopkins street and the streetscape and trees help to diminish the height of the building to the neighborhood. Ms. Allgaier noted there was a site visit with Council, which helped to clarify the context of the building to the neighborhood. The height reductions have allowed staff to find that this building is compatible with the neighborhood. Ms. Allgaier reminded Council at the last meeting, the number of units was 52; this has been changed to 53. Ms. Allgaier said one issue is the combination of units and the maximum number of units, which is 53. Ms. Allgaier noted some of the units can be combined to make larger units. 32 of the units can be combined to create 16 larger units, up to an average size of999 square feet. The average size of the 53 units is 494 square feet, within the realm ofthe lodge incentive program. Ms. Allgaier said this development is proposed as ownership condominiums, which units will function as hotel units and will be subject to the city's occupancy limits to function more like a hotel. The provisions state any owner is not allowed to exceed occupancy of their unit for 30 consecutive days and 90 days in any calendar year. The city created this restriction so the community can attain the goal of a greater number of rentable lodge units. Ms. Allgaier pointed out the applicant states these units will be available for rental when not occupied by the owners or guests ofthe owners. Ms. Allgaier said the letter entered into the record from the attorney for the applicant, Michael Hoffman, discusses the condominium act and lodge use and how much time an owner can spend in their unit, consecutively and cumulatively/year. Councilman Torre asked ifthere are regulations addressing how many days a unit can remain unoccupied. Ms. Allgaier said there are not; however, the applicants have indicated they will have a reservation desk and will accept walk up guests. 9 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 Ms. Allgaier told Council the proposed new development meets with all setback requirements. There are some existing portions that do not meet the setback requirements; one of which is keeping the base of the historic east wing in tact. This goes 16" into the setback. The second floor of the east wing encroaches by 7" so the external circulation can wrap around the building in keeping with the existing building. Ms. Allgaier noted that the average unit size at 499 square feet is close to the 500 square foot outlined in the lodge incentive ordinance. The ordinance allows for Council to find that less than 500 square feet may be suitable. Staff finds that to be the case as there is a range of unit sizes and configurations from 370 to 900 square feet to attract a variety of guests. There is amenity space for guests. Ms. Allgaier said the original pool will be kept, a spa will be added, the meeting and breakfast area in the historic wing will be retained and a lounge/multi-purpose room will be added. Ms. Allgaier noted the ordinance states the average room size standard may be amended by a maximum of 20% to allow an average unit size of 600 square feet, which this proposal meets with 494 square feet. Ms. Allgaier noted in order to allow an amendment to the room size; the code says, "there exists a system or strategy for the project to maximize short term occupancies". Ms. Allgaier said this lodge will be traditional and will provide walk in registration for guests. Another issue at the last meeting was the historic east wing. HPC reviewed and evaluated the redevelopment ofthe project, focusing on the east wing. The applicants agreed to meet with HPC in a work session. Jeffrey Halferty, HPC Chair, submitted a consensus ofHPC, which is included in Council's material. The applicants continue to propose a third floor for the east wing and have agreed to address HPC' s concerns about differentiating between the old floor and the new third floor through architecture, style and materials. Ms. Allgaier said this is one of Aspen's older lodges and some portion of it should continue on. Ms. Allgaier said staff supports replacement and increases in the bed base in an area that currently is lodge. Ms. Allgaier said staff feels this is important to the long-term viability of the resort aspect of the community and meets the broad goals of the AACP. Ms. Allgaier said the interspersed nature of a lodge in this neighborhood is a unique feature. It has been part of Aspen's history that there have been lodges interspersed throughout the community. Ms. Allgaier told Council the site plan decreases the parking impacts on the neighborhood and improves the pedestrian amenity of the area. Staff finds the reduction in height helps achieves consistency with the neighborhood. The massing of the building offers variety and helps to mitigate the structure. Ms. Allgaier noted a condition has been included that the east wing be designated as an historic landmark. Councilwoman Richards asked about 25% free market requirement in the lodge incentive ordinance and all the lodge units are proposed to be sold and does this not make the project 100% free market. Ms. Allgaier said the 53 lodge units are condominiumized lodge units and fall subject to the city regulations to make them operate more as lodge units. The free market units are not limited to occupancy. Councilwoman Richards said 100% of this building is being sold free market at some level and why is 25% of the units 10 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 be allowed in addition. Chris Bendon, community development department, said free market is used to mean a residential unit so 25% of the units being free market mean these units can be free market residential and not governed by occupancy limitations. Augie Reno, architect for the project, showed the south elevation and where the building has decreased in height by 3'. Reno pointed out the building was depressed by I', which increases the garage ramp, l' was taken out of the first and upper floor for a total of3' subtracted and a height of39', drawing A202, exterior elevation; drawing A201, alley elevation and west elevation. The building is within the setbacks except for underground parking structure and stairway. Reno noted drawing A20l includes the trees. Reno showed where the 39' sections of the building are located and these represent 20% of the roof. Reno showed where the structure is 37' and said that is 37% ofthe roof and this is within 2 feet of the Christiana to the north. Reno showed the 28' portions ofthe building, which represents 36% and 7% of the building is below 28'. Reno said 80% of the project is 37' or lower. . Reno told Council the applicants looked at the transparency of the building; drawing G004 shows the percentage of glazing and transparency. The south elevation has 63% glazed, square footage of wall that will be glazing. The north elevation in the alley is 28% and the west elevation is 51 %. The average of glazing is about 47% of the entire building. Reno said the balconies will be more transparent. Reno pointed out the historical building is very linear in massing going from 4th street to 5th street. Reno showed A102, the ground level floor plan, and how this proposal follows that linear pattern. Reno showed Hopkins the setback of6', 12.5' and 18', on the alley side 25'6" and 38'8" and on the side of the historic portion is 5'. Drawing Al 03 is the second floor with similar setbacks. The third floor has setbacks up to 41' in one location. Reno pointed out this project was designed as a lodge. The rooms are one large room with a bathroom and a open kitchen area so the rooms will function as lodge rooms. Reno noted the 4th floor is very compact and is 16% of the floor area. Sunny Vann, representing the applicants, told Council this project is driven by several factors. One is the applicant's desire to preserve the east wing, although it is not historically designated. Another factor is the need to increase lodge rooms to offset cost of development. Vann said the Boomerang is last on list of rental referrals because of its physical condition. Another factor is the city's lodge incentive, which are tools to make redevelopment oflodges feasible. Vann said the abilities to include free market residential; to increase height and floor area helped to make proj ects financially viable. Another factor in the design of this project was to retain the mature vegetation, which is a benefit to the neighborhood and a challenge in design. Vann noted another parameter was to increase on-site parking on address parking impacts. Vann said the project also has to be viable. Vann said the applicant has voluntarily agreed to retain and to renovate the east wing and to historically designate that portion. The proposal is to add 19 new lodge rooms to the 11 .-'.---............ Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 existing 34 lodge rooms or a 56% increase in the number oflodge rooms. Vann said the average room size of the existing 34 units is 466 square feet and the average proposed size is 499 square feet. The 13 new rooms are proposed at 319 to 300 square feet; this is 25% of the project; there are 12 rooms at 400 to 450 square feet; this is 23% ofthe project so almost half of the project's rooms are less than 450 square feet. There are 22 rooms between 450 and 500 square feet, which is a target size from the Gems of Aspen. There are 6 rooms greater than 500 square feet. Vann told Council in the existing lodge, the majority of the rooms are less than 400 square feet, 18 of these rooms are less than 350 square feet. Vann said comparing the proposed with the existing lodge, large rooms are being reduced and about 50% of the rooms are less than 450 square feet. Vann said there are 20 connector doors; 40 rooms could be connected. The new rooms will have larger more modern bathrooms. The rooms will have more closet space, sitting areas and kitchenettes. Vann stated this project complies with all the lodge incentive program requirements. It meets the minimum density requirement and the maximum unit size limitation. The building's height and floor area are less than what is allowed. The setbacks comply with the minimum setback requirements except for the sub grade parking garage and the historic portion of the building. The proposed on site affordable housing unit complies with the code requirement. The free market portion does not exceed what is permitted in the zone district. The onsite, below grade parking being supplied exceeds code requirements. Vann said the economic factors impacting this project are not within the scope of the city's consideration but are relevant as to whether the lodge incentive program is appropriate. Vann stated with land and construction costs, the sale of 25% free market floor area will not supply enough cash to pay down the permanent loan to a level that can be supported by the revenue from the operation of a traditional lodge; nightly rentals will not amortize a permanent loan. The condominiumization of the lodge units plus the sale of the free market units will produce the additional income necessary to increase the applicant's equity in the project and reduce the amount to be financed. Vann said the former land use regulations and the new lodge incentive program recognize that fact and permit the condominiumization of lodge rooms by right and permit fractionalization of units subject to the city's time-share regulations. Vann said the city cannot discriminate against the condominiumization oflodge units, which can be done by application alone. Vann said there are SEC issues that prohibit the applicant from requiring lodge units be rented; however, the city has addressed this by limiting the owner's ability to occupy the unit. The applicant has addressed this by design ofthe units. The majority of the units do not contain separate bedrooms or kitchens; they are designed like a studio unit. Vann said the condominium declarations will further encourage rental by having the units pay a share of the front desk, reservation, maintenance, housekeeping and rental operational costs. Vann said since the owner has to pay these costs, there is incentive to rent the units. Vann said the front desk will be staffed; the rooms will be listed with Stay Aspen Snowmass. There is no advantage to the owner of units to discourage nightly rentals. The owners will be prohibited from storing cars on site and they cannot personalize their units. Vann said there are many condominiumized lodges in Aspen and these are vital 12 .. "..----- - - Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 parts of the short-term accommodations market, including the building across the alley to the north. Vann reiterated this is a project trying to balance competing objectives. The principal objective is to maintain a small lodge, to expand it and to make it a viable project, while having a minimal impact on the community. Vann said this project will have no significant impact on Hopkins avenue. The building will not increase the shading of the street. Vann said they have support from all surrounding neighbors except the Christiana Lodge. Steve Stunda, applicant and local managing partner, told Council he is currently running this lodge. Stunda said important issues to him were saving the east wing, preserving every tree possible so as not to interfere with the serenity ofthe site, maximizing adding rooms, and take as much parking off the streets as possible. The property will be run as a lodge with front desk staff, full complement of housekeeping and maintenance staff. Councilman Torre asked when the applicants would designate the east wing. Vann said the applicants have stated they will initiate the process prior to recordation, after the land use approval. Once the wing is designated, HPC will be able to look at the additions of the 3'd floor and give input. Ms. Allgaier said doing it this way will allow the applicant to know what his approvals are and then to get input from HPC. Councilman Torre said once this wing is added onto, it will not be historic preservation. Councilman Torre said he cannot see a preservation effort for east wing and a 3'd floor will foil any preservation effort. Stunda said HPC felt if the 3'd floor were differentiated, they did not have a problem with the addition ofthat floor. Councilman Johnson asked why this needs to be rezoned. Ms. Allgaier said this property is zoned R-6 with and LP overlay. The PUD overlay would be an amendment to the current zoning. Councilman Johnson asked the underlying height limit in the R-6 zone. Ms. Allgaier said 25' for residential uses; for a lodge, the height is set by PUD. Vann said if one develops a lodge in the LP zone, one has to process it as a PUD and the code requires one to designate the property with a PUD overlay. Councilman Johnson asked how 2 units of affordable housing is full mitigation. Ms. Allgaier said the mitigation is confirmed and approved by P&Z acting as the growth management commission. This proposal meets the mitigation requirements for a growth management allotment. Mayor Klanderud opened the public hearing. Warren Klug, manager Aspen Square, told Council he supports this application because there has been a shrinking bed base in Aspen, up to 25% in the last 8 years. Klug said this application is counters that and the community needs it. This is a quality development. Klug said the expansion ofthe Boomerang is in the spirit oflodge preservation, which is to encourage redevelopment of older, smaller lodges. Klug said this will continue a use that already exists in the neighborhood. Klug noted in the recent core value meetings there seemed to be support for lodge renovation and preservation. Klug told Council his property is a condominium, units are individually owned and are generally rented. The Aspen Square and the Gant are condominium hotels. Klug said the average owner stay/year are 14 days. 13 1.........--.. . Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 Councilman DeVilbiss moved to suspend the rules and extend the meeting to II p.m.; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Torre and Mayor Klanderud. Motion carried. Marcia Goshorn told Council she supports this project; this is something the town needs. Ms. Goshorn noted the Christiana to the north was a lodge before it was turned into a condominium, where the owner cannot stay more than 90 days/year. This is an approved use. Greg Miller said he likes the preservation ofthe east wing and the preservation of the trees. David Perry, Aspen Skiing Company, told Council there was a presentation of this project to the Ski Company and the Ski Company supports it as it adds rooms to the tourist inventory. Perry said tourist beds need to be attractive to the market and at the same time affordable. David Corbin, Aspen Skiing Company, told Council he has been involved in hotel redevelopment for years. Corbin said condominiumizing this property makes sense for the community with the addition of 19 keys. Corbin said the possibility of anyone living in the units is very small. Jody Edwards, representing the Christiana homeowners, agreed small lodges are an important aspect of the community and in residential neighborhoods. Edwards said this expansion makes the Boomerang not a small lodge; it doubles the floor area and expands the height from 25' and 30' to 37' and 39'. Edwards stated the use is compatible with the neighborhood; however, the building is too massive for the neighborhood. Edwards said at the last meeting, all Councilmembers expressed concern regarding the height and several members requested the massing be broken up. Edwards pointed out the height reductions are minimal and there is no breaking up ofthe mass. Bill Tomcich, Stay Aspen Snowmass, supports this project. Tomcich noted the applicants are not seeking any variances to the code. The location makes this project unique, which makes it a challenge to demand higher prices. The Boomerang has a 56- year history as a ski lodge in Aspen. Walt Braiman, 311 South Aspen, said he has a concern about the precedent of allowing this height. Braiman said there is a financial incentive for lodges to double their size and receive economic benefits. Mary Janss said she favors this proposal. It is nostalgic and a piece of Aspen history. Rich Wagar with the existing traffic conditions, he favors projects that bring more density into already dense areas. It is an advantage to have more lodge rooms in town within walking distance of the downtown. Steve Goldenberg, adjacent property owner, said the traffic has been worse in this area. Goldenberg said without the proposed underground parking garage, this project would be a disaster for the neighborhood and for the pedestrian area. John Dady, representing the Scotts, who are not in favor of this project. Dady said there is excess massing in the neighborhood, and this project is a large increase on the lodge property. Mayor Klanderud closed the public hearing. Councilman Torre said this proposal is a maximization ofthe allowable heights and density. Councilman Torre said he has problems with the east wing being offered as 14 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 historic preservation with a floor added. Councilman Torre stated he has trouble with the overall massing, including the heights. Councilman Torre agreed the Boomerang Lodge needs a face lift; however, this proposal is out of character with the neighborhood. Councilman Torre said he cannot support this exact proposal. Councilman Torre said the building to the north is broken up and this building is not. Councilman Torre said he is concerned about the connecting rooms and people not occupying the units. Councilman Torre stated he is concerned about the free marketability of the entire property. Councilman Torre said this proposal more than doubles the mass. The balancing act is overall community goals and overall community impacts. Councilman Johnson said he is concerned about how this project will be used and the advertising and marketing for lodge use. Councilman Johnson said the question is whether this is a hotel that happens to be condominiumized or is this a hotel taking advantage of the provisions to increase its size. Councilman Johnson said he is not convinced of that answer. Vann asked what about the design or the operation would make Council feel this is a lodge. Vann said he thought the connecting doors would make the property more attractive and it is not an essential component of the project. Councilman Johnson said he will need assurance that this will operate as a lodge. Vann noted the condominium declarations will contain provisions that incentivize owners to rent their units and he is willing to make those conditions of approval. These are passing operational costs to the owners who would rent rooms to cover these costs. Other limitations are the length of stay. Vann said they will include the advertising as a lodge. These rooms are not designed for lengthy stays. Councilwoman Richards thanked the applicant for lowering the building and for the site visit which added context to this proposal. Councilwoman Richards said she is all right with adjoining rooms. Councilwoman Richards said she would like to see the business operational plan presented more thoroughly. Councilwoman Richards suggested something about the standardization of furniture. Councilwoman Richards said the condominiumized hotels she is familiar with run well. Councilwoman Richards stated the combination of free market/free market and free market/lodge rooms begs whether this was the intention of the code. Councilwoman Richards noted 100% ofthis project is for sale. Councilwoman Richards said she would like to see the third floor over the east wing eliminated. Councilwoman Richards said she would like to see reduction in the size ofthe 4th floor and breaking up of the building. Mayor Klanderud said this lodge is part of the character of Aspen and it does need renovation. This is not a new use in this neighborhood. Mayor Klanderud said she would not accept this proposal at 42'; however, it has been lowered in all portions of the building. Mayor Klanderud said removing the 5 units on the east wing would satisfy her concerns with this project. Mayor Klanderud noted these units are smaller than many presented in fractional fee proposals and are compatible with the lodging context. Councilman DeVilbiss stated his concerns are the 3'd floor on the east wing, mass and height. Councilman DeVilbiss said mass will be obvious from Hopkins; the evergreen trees will conceal the height and he would be concerned about damage to those trees 15 ...... j .....u Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 during construction. Councilman DeVilbiss noted joining of the rooms takes away the concept of moderately priced hotel rooms. Councilwoman Richards moved to continue Ordinance #26, Series of2006, to August 28; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #27, SERIES OF 2006 - Code Amendment TDRs Chris Bendon, community development department, told Council the TDR program was adopted in 2004 and allows for development rights on historically designated single family and duplex properties to be sent off in increments of250 square feet in lieu of development on that property. Those historic properties are referred to as sending sites. There are also landing or receiving sites. Bendon said the landing sites are non historic, single family and duplex zoned properties located in the R-6, R-15, R-15A, R-15B, and R-30 zones. The code allows one TDRlresidence to be landed at 250 square feet on sites in these zones. Bendon showed Council an actual TDR document, which is issued to the sending site property owner in exchange for a deed restriction. The TDR is traded on the open market. Once the TDR is brought into the city for extinguishment, the TDR is attached to a property in the increment of 250 square feet. Bendon told Council this code amendment is to allow TDRs to land in the RMF, residential multi-family district, which currently does not allow TDRs. The reason not to allow TDRs in the RMF zone is to encourage multi-family development. Bendon said this code amendment has been privately initiated and sponsored by community development department in order to have a discussion with Council. Bendon said staff sees some advantages, as there are small lots in the RMF zone district. The request is to allow TDRs to land on single family/duplex lots ofless than 5,000 square feet. Bendon said there are only a handful ofthese lots and these lots are not conducive to multi-family development. Bendon said one advantage is adding lots on which to land TDRs, which may increase the demand for TDRs and drive preservation of historic properties. Bendon stated staff recommends not adopting this code amendment. This code amendment is counter to non-conforming provisions ofthe land use code, which strives to limit adding to nonconformities. Bendon noted it has been Council's policy to encourage multi-family development in the RMF zone. P&Z recommended denial of this code amendment 4 to 1. Councilwoman Richards asked the FAR allowed for a multi- family dwelling on a 5,000 square foot lot. Bendon said for multi family, there is an FAR of. 7 5 for the lowest density or a building of 3750 square feet; a 1.25 FAR for medium density, which would allow a 6500 square foot building; the highest density would generate a 1.5 FAR or 7500 square feet. Eric Cohen, representing the applicant, said staff s main issue is whether this exacerbates a non-conformity. Cohen stated this would apply to small lots in RMF that are not conducive to multi-family development. Cohen said this amendment would promote the TDR program and there does not seem to be downside. Cohen said in the R-6 zone, one 16 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 can land a 250 foot TDR on a lot as small as 3000 square feet. Cohen noted a lot will remain non-conforming. Councilman Johnson asked the requirements for the landing sites. Bendon said landings are done at building permit, done administratively. An applicant must demonstrate they have an actual TDR certificate, that they met the setbacks and dimensional requirements ofthe zone district. One cannot use a TDR to create a non-conforming situation. Councilwoman Richards said she is concerned about discouraging multi-family structures inRMF. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud said the decision not to allow TDRs to land in the RMF zone was deliberate and it was to maximize the potential for multi-family dwellings. Mayor Klanderud said these may be smaller lots but they could have more affordable units. Mayor Klanderud said she is reluctant to do anything to increase single family and duplex development in the RMF zone. Councilwoman Richards suggested allowing TDRs to land in the RMF zone but only on a multi-family project. Cohen said that is not this particular application. Mayor Klanderud said this code amendment is going in the wrong direction in discussing scale in particular neighborhoods. Councilman DeVilbiss moved to adopt Ordinance #27, Series of2006, on second reading; seconded by Councilwoman Richards. Councilman Torre said he has problems with the TDR program in general and cannot support a program where impacts are transferred to someone else's neighborhood. Roll call vote; Councilmembers DeVilbiss, no; Johnson, no; Torre, no; Richards, no; Mayor Klanderud, no. Motion NOT carried. ORDINANCE #32, SERIES OF 2006 - 403 West Hallam Establishment of2 TDRs Sara Adams, community development department, reminded Council the transfer of development rights program was established to remove development rights from historic properties. Ms. Adams outlined the creation of a TDRs is a staff recommendation to Council, who adopts that by ordinance. There is a date for the TDR certificate to be validated. There is a deed restriction accepted by the city and filed with the county. There is a closing date where the TDR and deed restriction are exchanged. Ms. Adams noted Council approves the TDR and HPC t can approve 500 square foot bonuses for historic development. The land use code does not prohibit an applicant from applying for all available preservation incentives. Council has expressed concern that an applicant would receive an FAR bonus to use as a TDR. Ms. Adams said the HPC bonus of 500 square feet must meet specific criteria, one of which is design and rehabilitation. 17 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 Ms. Adams said this miner's cottage at 403 West Hallam was constructed before 1893 and is listed on the historic inventory. The property is 4500 square feet, located in the R- 6 zone, which allows a development of 2820 square feet of FAR. The existing structure has 1831.9 square feet. Ms. Adams said one must examine the built development and determine ifthere is FAR available on the property to establish a TDR certificate. Ms. Adams noted 988.1 square feet ofF AR remains unbuilt so two 250 square feet TDRs can be severed. The second part is an analysis of approved development orders to insure the TDR certificates that would be severed from the property are not needed to meet the development order. Ms. Adams noted the severing ofTDRs from this property would trigger the FAR bonus needed for rehabilitation and design to build out phase 2 of this development order. Stanley Gibbs, 403 West Hallam, told Council there were some modifications made to this house prior to his purchase of it. The applicants lived on site and with the leaks and crumbling foundation, they felt the building needed a major body lift. The applicants took the full project to HPC and received an approval for a FAR bonus in consideration for restoration of the front porch and the clapboard siding. Gibbs told Council they finished phase 1 and liked the way the site looks and feels. It is in keeping with the historic nature. Gibbs said they would like to take advantage of the TDR because they did historic restoration and have improved the site. Gibbs said the use of the sale ofTDR will be to help finance the restoration of their property. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Johnson asked if this project is complete. Gibbs said with the cost of building in Aspen, they will not put more assets into this property. Gibbs said he likes the site as it is. Councilwoman Richards said the only tool left for historic preservation and reducing some of the FAR on residential sites is the TDR program. Councilwoman Richards read, "the sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City of Aspen land use code". Councilwoman Richards stated when this was passed, it was clear that just because one takes advantage of selling a TDR does not mean if your project meets the other criteria, one does not have to pick either/or in terms of historic incentives. Councilwoman Richards stated one could leave the 500 square feet of FAR on site to encumber the historic structure and still get the 500 square foot bonus, which is not a good outcome. Councilwoman Richards noted receiving a 500 square foot bonus and then being able to sell two 250 square foot bonuses sounds curious but the alternative is one get 1,000 square feet to put on the historic resource. Mayor Klanderud said this is circular and one can end up with additional FAR and with money from selling the TDR. Mayor Klanderud said this is an absurd result, which may not have been seen at the time of adoption of this code amendment. Mayor Klanderud said the point ofTDRs is to preserve historic sites so there is not full build out of the allowable floor area. Councilman Johnson said there is an incentive for rehabilitation and there is an incentive to remove development pressure from a historic structure. 18 -,. Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 Councilman Johnson said to create 2 developments rights and to send 500 square feet into the community increases development pressure if one considers the entire town. Councilwoman Richards agreed this does not make sense but the way the code is written does not preclude a person from getting a TDR and other historic incentives. Councilwoman Richards said the alternative is to leave 1000 square feet of unbuilt FAR on this site. Bendon stated the city uses FAR as a bonus to incentivize good historic preservation projects and it has been a useful tool. Bendon said the more FAR a historic property has, the more difficult it is to preserve the property true to its heritage, so the program to remove FAR and send it to another site was developed. There are limits on the landing sites. Only 1 TDR is allowed per site, and TDRs can only be used on non-historic properties. Council did not want the issuance of a TDR to be seen as a penalty so a property owner is still eligible to apply for historic bonuses and to use all historic incentives. Bendon stated a development order remains valid considering the FAR being sent off site. Councilwoman Richards said the concept is that the city must make an incentive for property owners to preserve their historic houses. Not every property owner is of unlimited means and the city created the FAR bonus to help carry the costs of renovation. Councilman Johnson said he does not understand the claim that this would be removing development pressure from the city. Councilman Johnson said the 500 square foot bonus is a process to insure good design. Councilman Johnson asked if someone else owned this property, how much square footage could be built. Bendon stated the base FARis 2820 square feet and they could apply for a 500 square foot bonus. Councilwoman Richards moved to suspend the rules and extend the meeting to 11: 15 p.m.; seconded by Councilman Johnson. All in favor, with the exception of Councilmembers DeVilbiss and Torre. Motion carried Mayor Klanderud said she would like a discussion of all the historic benefits and how they mix or contradict each other. Mayor Klandel,1ld said there are historic lot splits and bonuses and there could even be TDRs on top of that. Councilwoman Richards said the alternatives would be to get rid of the either the 500 square foot bonus or the TDR and not keep both of them. Councilman Torre said he is in favor of sending sites but not in favor of receiving sites. Councilwoman Richards moved to continue Ordinance #32, Series of2006, to August 28; seconded by Councilman Torre. All in favor, motion carried. 434 EAST COOPER HISTORIC DESIGNATION Councilwoman Richards requested Council initiate the process to consider listing the Bidwell building at 434 East Cooper on the city's historic inventory list. Amy Guthrie, community development department, noted there is a section in the land use code, which prohibits demolition of any building under consideration for historic designation. HPC 19 Rel!ular Meetinl! Aspen City Council AUl!ust 14, 2006 has approved demolition ofthis structure. Councilwoman Richards noted the land use code allows city Council to file an application for designation of a building for inclusion on the Aspen inventory of historic landmarks, sites and structures. Councilwoman Richards said she feels this property deserves discussion of historic status by Council. Councilwoman Richards said staff found there was significant historic merit to this building and recommended against demolition. Councilwoman Richards said this would not mean that a building could not be added onto or refurbished from the inside. Councilwoman Richards moved to direct staff to prepare an application on behalf of city Council under section 26.415.030(c) for the property at 434 East Cooper; seconded by Councilman Johnson. All in favor, with the exception of Mayor Klanderud. Motion carried Councilman Johnson moved to go into executive session at 11:15 p.m. pursuant to C.R.S. 24-6-402( 4)(b) conference with counsel; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 11 :40 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Councilman Johnson moved to adjourn at 11 :40 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Kathryn S. Koch, City Clerk 20