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HomeMy WebLinkAboutminutes.council.20011217Regular Meeting Aspen City COuncil December 17, 2001 PROCLAMATION - Shimakappu ............................... ................................... CITIZEN COMMENTS .................................................................................. COUNCILMEMBER COMMENTS .............................................................. CONSENT CALENDAR ................................................................ ................ 4 · Resolution #118, 2001 - Policy Regarding Signage on Public Property 4 · Resolution #119, 2001 - Wind Energy Agreement - Platte River Power Authority ..................................................................................................... · Resolution #120, 2001 - Acceptance ora Bargain and Sale Deed - Williams Ranch Park ............. , ..................................................................... 4 FIRST READING OF ORDINANCES .......................................................... 4 · Ordinance #50, 2001 - Amendment to Housing Guidelines ................... 5 · Ordinance #51,2001 - Code Amendment - GMQS/Time Share ............ 5 · Ordinance #52, 2001 - Aspen Mountain Lot 5 PUD .............................. 5 RESOLUTION #121, SERIES OF 2001 - Burlingame Ranch Pre- Annexation Agreement Amendment .................. ~ ............................................ 6 ORDINANCE #44, SERIES OF 2001 - Code Amendment Subdivision Without GMQS ................................................................................. ~ ............. 7 ORDINANCE #45, SERIES OF 2001 - Code Amendment Stream Margin Top of Slope .................................................................................................... 8 RESOLUTION #121, SERIES OF 2001 - Burlingame Ranch Pre- Annexation Agreement Amendment ............................................................... 9 ORDINANCE #46, SERIES OF 2001 - Code Amendment Accessory Dwelling Unit Require Detached Unit for GMQS Exemption ..................... 11 ORDINANCE #47, SERIES OF 2001 - Code Amendment Accessory Dwelling Unit - Removing EXisting Mandatory Occupancy ........................ 11 Regular Meeting Aspen City, Council December 17~ 2001 Mayor Klanderud called the meeting to order at 4:05 p.m. with Councilmembers Semrau, Hershey, Paulson and McCabe present. Councilman Hershey moved to go into executive session at 4:05 p.m. for the purpose of discussing land acquisition of Zoline/Burlingame Ranch and the potential acquisition of Smuggler Mountain parcel per C.R.S. 24-6- 402(4)(a); seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 4:40 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to adjourn at 4:40 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Mayor Klanderud called the regular meeting to order at 5:00 p.m. with Councilmembers Semrau, Hershey, Paulson and McCabe present. PROCLAMATION - Shimakappu Karinjo deVore told Council this is the 10th anniversary of the Sister City relationship between Shimakappu and Aspen. This has been an incredible experience for Aspenl The student exchanges were initiated and paid for by Shimakappu. Some Aspen Middle School students made a video as a presentation to Shimakappu, which they showed Council. Councilman Paulson read a proclamation, proclaiming December 17th as Shimakappu Day in Aspen and honoring the relationship between two distinct cultures. Former Mayors Bill Stirling, John Bennett and Rachel Richards all noted what a rewarding experience the relationship with Shimakappu has been. CITIZEN COMMENTS 1. Lennie Oates, 1205 RiVerside, noted last week a house under construction on Riverside Drive burned down. Oates said the neighbors have endured this construction project for a substantial amount of time and now are looking at another year of construction. Oates said neighbors immediately adjacent has vegetation damaged and WindoWs broken. Oates told Council there were times when it was impossible for residents to get through the construction and to their houses. Oates said the city needs construction management rules and regulations to address these safety concerns. OateS said there shOUld be security on prOperties under 2 Regular Meetin~ Aspen City Council December 17, 2001 construction so they do not catch fire~ The city should not be allowing projects ~0 sPill 0vet into the middle of city streets. There should be parking plans so workers do not park all over the neighborhoods. Mayor Klanderud said she would like to see the city pursue whatever they need to make things more safe and accessible. Mayor Klandemd said this should be dealt with quickly. 2. Bill Stirling brought up snow removal in residential neighborhoods. Stirling said the city should leave snow on the streets and not scrape it up every snowstorm. The big scrapers are tearing up driveways and asphalt. Stirling recommended Council relook at the snow removal approach. Councilman Hershey said the city needs to do the best job they can and the snow has to be plowed offthe streets. Mayor Klanderud said Council is meeting with the streets department staffthis week and will relY on their expertise for snow removal policy. COUNCILMEMBER COMMENTS 1. Mayor Klandemd said it has been a pleasure to serve as Mayor for the last 6 months. It has been an ~ventful year and the community has come together. The Aspen Ski Company did a great job on World Cup; 24 Hours of Aspen was fantastic. Mayor Klandemd noted there are many issues in this community that raise heated arguments and her wish is that for this holiday when people disagree, they do so with respect and with an open mind. 2. Councilman McCabe congratulated the boys' basketball team on winning their tournament in Steamboat Springs. 3. Councilman McCabe said he is pleased to be part of the City Council made up of 5 people with strong and varied opinions. Council has managed to pull together and to make good decisions. 4. Councilman Semrau agreed it looks as if Council is pushing in the same direction and this is very positive. 5. Councilman Paulson said he appreciates all citizens who take the time to come to Council meetings and to make comments. Councilman Paulson said it is not always easy to find the time to come to meetings nor is it Regular Meeting Aspen City Council December 17, 2001 always easy to speak. Councilman Paulson said it is important for elected officials to hear from citizens. 6. Tim Anderson, recreation director, told Council the Kids First program was recognized by the state for its effort to provide quality child care in the Roaring Fork Valley. Anderson thanked Council for their support of the Kids First program. 7. Mayor Klanderud said RFTA approved their 2002 budget. RFTA is - going to go to a sub-committee system with a governance board. RFTA will probably only meet quarterly with a lot of work being done by the sub- committees. 8. Mayor Klanderud said Council is fortunate to have an administrative staff that makes their work much easier. Mayor Klanderud thanked the employees on the employee fund committee who planned and put together the Christmas party. Mayor Klanderud said there is a great group of public servants working for the city who care, are dedicated and who work hard. 9. Councilman Paulson said there is a climate protection meeting in Seattle in February, which he may not be able to attend. Councilmembers said they Would I°ok at their calendars to see who can go to this meeting. CONSENT CALENDAR Councilman Hershey moved to approve the consent calendar; seconded by Councilman Paulson. The consent calendar is: · Resolution #118, 2001 - Policy Regarding Signage on Public Property · Resolution #119, 2001 - Wind Energy Agreement - Platte River Power Authority · Resolution #120, 2001 - Acceptance of a Bargain and Sale Deed ~ Williams Ranch Park All in favor, motion carried. FIRST READING OF ORDINANCES 4 Regular Meetin~ Aspen City Council December 17, 2001 ·Ordinance #50, 2001 - Amendment to Housing Guidelines · Ordinance #51,2001 - Code Amendment - GMQS/Timc Share · Ordinance #52, 2001 - Aspen Mountain Lot 5 PUD Councilman Hershey moved to read Ordinances #50, 51, 52, Series of 2001; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO. 50 (S eries of 200 I) AN ORDINANCE AMENDING THE 2001 AFFORDABLE HOUSINGGUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY ORDINANCE NO. 51 (SERIES OF 2001) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING SECTION 261470.070, EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, AND SECTION 26.590.010, TIMSEHARE, OF THE LAND USE CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE No. 52 SERIES OF 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINIUMIZATION, CONDITIONAL USE FOR TIMESHARE, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, AND GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS) FOR THE GRAND ASPEN SITE, LOT 5 OF THE ASPEN MOUNTAIN PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilman Paulson moved to adopt Ordinances 50, 51 and 52, Series of 2001, on first reading; seconded by Councilman McCabe. Roll call vote; Regular Meetin~ Aspen City Council December 17, 2001 Council.members Paulson, yes; McCabe, yes; Mayor Klanderud, yes. Motion carded. RESOLUTION #121~ SERIES OF 2001 - Burlingame Ranch Pre- Annexation Agreement Amendment John Worcester, city attorney, outlined the changes to the pre-annexation agreement. These are: (1) to extend the time to complete the land use approvals from December 31, 2001 to May 1, 2003; (2) the land use approvals for the free market and the affordable housing are "decoupled"; (3) the number of affordable housing units that may be built has increased from 225 to 330 units; (4) removal of the restriction against building in the back bowl and limits the construction to 80 units or 100,000 square feet, whichever is less. (5) The city will negotiate with the Aspen Valley Land Trust for their 32- acre parcel as well as a disputed 3-acre parcel. If the city is unable to acquire the AVLT land and if the Zoline family is legally entitled to that additional 3 acres of land at the north end of the ranch, the Zolines will grant the city an easement Over that 3 acres for aroad to connect the two topographical benches in the affordable housing village. If the city does not come to agreement with AVLT, the maximum development that can occur on the 24.5 acre village is 330 units or 700 bedrooms, whichever is less. (6) If the city reaches an agreement with AVLT to acquire their land, the Zolines will convey title to the 3 acres and the city will accept 1.5 acres less from the 20 acres. This 1.5 acres is in the southern portion of the meadow. If housing is permitted on the AVLT land, the city will place a conservation easement on the back bowl area of Deer hill. (7) Until the city begins development, they will lease the 20 acres back to the Zolines. (8) The reimbursement schedule will be amended to include a time limit by which the Zolines must reimburse the city for utility infrastructure costs. (9) Any special uses must be approved by Council during the land use approval process. (10) Construction of the free market units will comply with or exceed the provisions of any ordinances requiring environmentally appropriate construction techniques, materials and designs. 6 Regular Meetin~ Aspen City, Council December 17, 2001 Worcester told Council he has just received a final draft from ¢onnsel and they are working on a few ~m~ll details. Herb Klein, representing Bar/X ranch, said on balance this agreement is very positive for the community's goals. Klein emphasized the Zolines desire to keep the back bowl free from development. Klein encouraged Council to work with Aspen Valley Land Trust to see if there is a way to trade land to achieve this. Scott Writer asked if public recreational uses will be allowed. Worcester said there will be recreational areas but primarily for the residents of the village. There is an agreement stating any play areas constructed in this area will not be scheduled by the city recreation department. Rachel Richards said it looks like a lot of hard work on both parties has gone into this agreement and it will be a benefit to families and employers in this valley. Councilman Paulson moved to table this until after the public hearings; seconded by Councilman Hershey. All in favor, motion carded. Councilman Hershey moved to continued Ordinance #43, Series of 2001, Oden De-annexation t° January 14, 2002; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #44~ SERIES OF 2001 - Code Amendment Subdivision Without GMQS Chris Bendon, community development department, reminded Council they met with P&Z in September to discuss a procedure to allow a property owner to subdivide land for the purpose of affordable housing without going through GMQS. This will require the land be zoned AH/PUD. Bendon said the subdivision review criteria are adequate to determine the developability of the property. The property would have to go through planned unit development to determine density, access, utilities, etc. Councilman Paulson asked if there are any consequences, like avoiding mitigation of community impacts. Bendon said this will not avoid any rules in the land use code. Bendon said the one consequence that Council Will have to deal with is that there will be subdivision without development proposal. Mayor Klanderud said as long as there is ample opportunity for 7 Regular Meetin~ Aspen City Council December 17, 2001 the public to comment and it is still Council's discretion that a proposal would be in the community's best interest, this amendment seems fair. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilman McCabe moved to adopt Ordinance #44, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; Semrau, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #45, SERIES OF 2001 - Code Amendment Stream Margin Top of Slope James Lindt, community development department, told Council this code amendment will streamline the stream margin review process to allow approval by community development director rather than by P&Z. Lindt said the stream margin review standards are non-discretionary. This amendment will also adopt a stream margin review map created by Sopris Engineering as the final determination for top of slope. The main issue in most stream margin reviews is the differential between where top is slope has been determined between the applicant and city staff. This map shows the top of slope and the 100-year floor plain. The top of slope can be given to a property owner at pre-application conference and will allow the property owner to design their project with a 15-foot setback as required. Lindt pointed out this map and amendment apply only to properties on the Roaring Fork River Lindt noted another objective in this amendment was to reorganize the review standards. The only substantive changes to the standards is that bank stabilization deemed necessary bythe city engineer would be an exemption from stream margin review process. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilman Paulson said he is concerned about staff approving stream margin reviews without Council's knowledge. Lindt said currently stream margin review only goes through P&Z. There is an appeals process to P&Z if the community development director does not feel a stream margin meets 8 Regular Meetino~ Aspen City Council December 17, 2001 the standards~ Councilman Paulson said he has conccrus about trails along streams. Lindt said Stream margin requests wiil Still be referred 0ut tO parks, engineering and other agencies. Councilman Paulson said he would like staff to inform Council of each stream margin review, like HPC decisions. Councilman Semrau moved to adopt Ordinance #45, Series of 2001, on second reading; seconded by Councilman Hershey. Councilman Paulson said houses right on the edge of a bank or ora river need to be addressed. Lindt said staff is working with FEMA to bring the city's regulations up to their par. Councilman Paulson said he would prefer this stream margin be tied into the forthcoming amendments. Councilman Paulson said he is concerned about Council not knowing what is going on in town. Councilman Semrau said he likes that the decision will be technical and quantifiable and based on criteria. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Semrau, yes; Paulson, no; Mayor Klanderud, yes. Motion carried RESOLUTION #121, SERIES OF 2001 - Burlingame Ranch Pre- Annexation Agreement Amendment Councilman Hershey moved to take from the table Resolution #121, Series of 2001, Burlingame Ranch Pre-Annexation Agreement Amendment; seconded by Councilman McCabe. All in favor, motion carried. Connie Harvey asked why there is a change to the back bowl, why the number of units has been increased. Ms. Harvey said the public was assured that 225 units would be the maximum. Councilman Semrau said this does not mean 330 units will be built. Due to the high cost in mitigation and infrastructure, Council decided to maximize the number of units. The city does not know whether 330 units can be built on this property. Councilman Semrau said Council will work with the Aspen Valley Land Trust to try and preserve the back bowl. Ms. Harvey said she feels this process has been backwards. Things are getting approved without knowing how much it will cost. Ms. Harvey said she feels this proposal is encouraging sprawl, violating the community's ideals and violating the ecological bill of rights. Ms. Harvey said this proposal does not conform to the vote that was taken in August 2000. Ms. 9 Regular Meeting Aspen City Council December 17, 2001 Harvey asked why the cabin is still allowed in the riparian area. Mayor Klanderud said this issue was not discussed in ~i5 amendment. MS, Harvey asked if the public had any place in this process. Mayor Klanderud said the pre-annexation agreement was approved and signed in 2000. There were a number of things Council wanted to change about that agreement. Mayor Klanderud said because the city is proceeding with the analysis of the housing in the community, it is important that Council move forward in some way. Mayor Klanderud pointed out there is nothing in the agreement that says the back bowl has to be built in and she is committed to trying to avoid that. Mayor Klanderud said Council hopes to move forward to maximize the open space, preserve ecological values and promote affordable housing at a level needed for this community. Councilman Paulson said this process is not over for public input. There are still ways to modify the project. Councilman Paulson said the only thing the city is truly obligated to is building mitigation housing for the Zolines' free~ market project. Mayor Klanderud reiterated she is committed to not developing the back bowl; however, this gives flexibility to see what can be designed for this property. Councilman Paulson said he will vote for this reluctantlyl Councilman Paulson said he feels the environmental community is being shirked. Councilman Paulson said he hopes the public continues in this process to make sure this affordable housing is the best it can be. Councilman Paulson asked the housing advocates to try and satisfy the environmental concerns. Councilman Paulson said the transportation needs this project will generate are going to be huge. Councilman Semrau thanked the Zolines for working with the city in the amendment process. Councilman Semrau said he hopes this will be the best for the community. Councilman McCabe moved to adopt Resolution #121, Series of 2001, seconded by Councilman Hershey. Councilman McCabe said Council has been working to try and encompass everyone's feelings and concerns. One of the findings in the master plan is that the community still has a need for employee housing. This project will 10 Regular Meeting Aspen Ci~, Council December 17, 2001 help to solve a large chunk of that need. Mayor Klanderud said she hopes Council will be able to do what is best for the community. All in favor, motion carded. ORDINANCE #46~ SERIES OF 2001 - Code Amendment Accessory Dwelling Unit Require Detached Unit for GMQS Exemption Chris Bendon, community development department, told Council this code amendment was initiated by the city as a result of a work session with P&Z and the housing board. The next ordinance is a privately initiated code amendment dealing with mandatory occupancy of ADUs currently in the regulations. Bendon pointed out Ordinance #46 requires ADUs used to satisfy growth management to be both above grade and detached. This amendment also eliminates the mandatory occupancy FAR bonus and allows for an off site unit to be purchased for the growth management exemption. This amendment will allow an FAR bonus for actual units that are deed restricted category units sold as a condominiumized unit. Bendon said there are about 128 to 134 ADUs, only 2 are deed restricted to mandatory occupancy. The estimate is 25-30% occupancy. Bendon said he feels ADUs are a viable housing option and a useful component of the affordable housing Program. Bendon said there is a public value created by the program. Bendon said detached units are more likely to be rented out. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Ordinance #46, Series of 2001, on second reading; seconded by Councilman McCabe. Councilman Semrau said he likes that this amendment gives people options and that it gets the city out of the regulatory business. Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #47, SERIES OF 2001 - Code Amendment Accessory Dwelling Unit - Removing Existing Mandatory Occupancy 11 Regular Meeting Aspen City Council December 17~ 2001 Chris Bendon, community development department, noted this code amendment only applies to two units in the city that have a mandatory occupancy requirement. This will allow property owners to get out of that restriction by constructing an alternative category unit, buying down an existing unit, or payment in lieu based on the market value of the bonus space created by the restriction. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilman McCabe moved to adopt Ordinance #47, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Paulson, yes; Semrau~ yes; Mayor Klanderud, yes. Motion carried. Councilman Hershey moved to adjourn at 8:00 p.m.; seconded by Councilman McCabe. All in favor, motion carried. tK~t~ S. Koch, City Clerk 12