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HomeMy WebLinkAboutminutes.council.19980713Aspen City Council Regular Meeting July 13, 1998 Mayor Pro Tem Richards called the meeting to order at 5:05 p.m. with Councilmembers Markalunas, Vickery and Paulson present. ANNUAL AUDIT AND FINANCIAL STATEMENT PRESENTATION Kim Higgins, Bondi & Company, told Council the city has received the best opinion possible on their audit; it is a clean opinion. Ms. Higgins noted a $7 million drop in the city’s assets, which is due to conducting an actual inventory of city property, plant and equipment. There is an increase in cash and investments of $1.5 million. Ms. Higgins noted the city’s liabilities have dropped $1.2 million primarily because the city is paying off long term debt. The city cash position and equities are in a vary strong position. Ms. Higgins noted a $2.8 million increase in revenues, primarily in sales tax and impact fees for housing. There is also an increase in expenditures especially in capital outlays, like street improvements, Water Place housing, Burlingame Ranch, Aspen Country Inn. The net income has decreased due to the city doing a lot of capital projects. Ms. Higgins said in the budget to expenses, the general fund spent less than expected by $2.1 million and $162,000 less in special revenue funds. Ms. Higgins said the enterprise funds as well as the pension funds all had good working income statements. Tabatha Miller, finance director, told Council the financial statements show the last 10 years of expenditures, 10 years of tax revenues, general revenues, an overview of the city’s financial position. Ms. Higgins said the management letter give suggestions for areas of improvement of the city and any areas of excellence. Some suggestions for improvement are to have a financial policies and procedures manual, look at investment policies and procedures and update the written policy on investments, centralized purchasing, fixed asset system in budget process to provide accountability, monitoring investment income, financial reporting to management, internal audit functions could be done by hiring staff to do internal audits and special projects rather than by outside consultants, salary reconciliation to the financial records on a quarterly basis. Ms. Higgins said the auditors have alerted the city of new technical pronouncements and these are listed in the report. The management letter also lists things the city has improved over the last year. Ms. Higgins noted the city is constantly trying to improve their operations and their financial position. The special revenue funds are in good financial shape and are spending money in 1 Aspen City Council Regular Meeting July 13, 1998 accordance with their purpose. Ms. Higgins thanked the staff for their help with the audit. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Markalunas reminded everyone that Wednesday July 15 is “Find Another Way Day” and everyone is encouraged to use alternative transportation. There will be food, prizes and music at Paepcke park to celebrate this event. 2. Councilman Paulson moved to add Resolution #55, Series of 1998, Snyder Annexation, and Ordinance #31, Series of 1998, Nevin Water Service Agreement, to the consent calendar; seconded by Councilman Markalunas. All in favor, motion carried. CONSENT CALENDAR Councilman Vickery moved to read Ordinances 25, 26, 27, 28, 29, 23 and 31, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 25 (Series of 1998) AN ORDINANCE ADOPTING THE 1998 AFFORDABLE HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY ORDINANCE NO. 26 SERIES OF 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, PROHIBITING THEFT AND ESTABLISHING ELEMENTS OF PRIMA FACIE EVIDENCE OF THEFT ORDINANCE NO. 27 Series of 1998 2 Aspen City Council Regular Meeting July 13, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AN EXISTING AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE TO SERVE AN ADDITIONAL PROPERTY LOCATED ON NORTH SPRUCE STREET ORDINANCE #28 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 950 MATCHLESS DRIVE (LOT 4A, BLOCK 1, DUNN/BISHOP SUBDIVISION EXEMPTION, CITY OF ASPEN, COLORADO) AS AN HISTORIC LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE ORDINANCE #29 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK SPLIT AT 214 EAST BLEEKER STREET (LOTS N,O,P AND Q, BLOCK 72, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO) ORDINANCE #23 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 920 WEST HALLAM STREET (LEGALLY DESCRIBED AS THE EAST 1/2 OF LOT M, ALL OF LOTS N, O, AND P AND A PORTION OF LOT q, BLOCK 4, CITY AND TOWNSITE OF ASPEN) AS A HISTORIC LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE; APPROVING A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT PURSUANT TO SECTION 26.88.030(A)(5) OF THE MUNICIPAL CODE; APPROVING A LANDMARK DESIGNATION GRANT OF $2,000 PURSUANT TO SECTION 26.76.040(C) OF THE ASPEN MUNICIPAL CODE; AND WAIVING THE PARK DEVELOPMENT IMPACT FEES ASSOCIATED WITH 3 Aspen City Council Regular Meeting July 13, 1998 THE HISTORIC HOUSE PURSUANT TO SECTION 26.44.060 OF THE ASPEN MUNICIPAL CODE ORDINANCE NO. 31 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A WATER SERVICE AGREEMENT WITH JOSEPH P. NEVIN FOR PROVISION OF TREATED WATER SERVICE FROM AN EXISTING WATER MAIN TO SERVE A 12-ACRE PROPERTY LOCATED ON MOUNTAIN LAUREL DRIVE AND ADJOINING THE MOUNTAIN VALLEY SUBDIVISION were read by the city clerk Councilman Paulson moved to adopt the consent calendar; seconded by Councilman Markalunas. The consent calendar is: 4 Aspen City Council Regular Meeting July 13, 1998 · Minutes - June 8, 22, 1998 · Resolution #52, 1998 - Contract, Smuggler Neighborhood Improvements Project · Ordinance #25, 1998 - 1998 Housing Guidelines · Ordinance #26, 1998 - Code Amendment - Prohibiting Theft · Ordinance #27, 1998 - Amendment to North Spruce Street Water Service Agreement · Resolution #54, 1998 - Engineering Services McLaughlin Water Main Relocation Maroon/Castle Creek Road Roundabout · Resolution #53, 1998 - Letter of Intent to Purchase Wind Power · Permission to File Liquor License Application - Wheeler Opera House · Ordinance #28, 1998 - Historic Designation 950 Matchless Drive · Ordinance #29, 1998 - Historic Lot Split Brumder 214 E. Bleeker · Ordinance #23, 1998 - Landmark Designation and Historic Lot Split 920 W. Hallam · Supplemental Budget Request - HPC Symposium · Resolution #55, 1998 - Snyder Annexation · Ordinance #31, 1998 - Water Service Agreement - Nevins All in favor, motion carried. ORDINANCE #18, SERIES OF 1998 - Alpine cottage Subdivision PUD Rezoning Julie Ann Woods, community development department, told Council the applicant has requested continuance for two weeks. 5 Aspen City Council Regular Meeting July 13, 1998 Councilman Paulson moved to continue Ordinance #18, Series of 1998, to July 27; seconded by Councilman Vickery. All in favor, motion carried. ORDINANCE #20, SERIES OF 1998 - Historic Designation/Lot Split 930 King Street Julie Ann Woods, community development department, told Council this ordinance both designates the property historic as well as approves a historic lot split. Staff recommends approval of the historic designation finding 3 standards are met and also recommends approval of the lot split as the criteria for that has been met. The property is zoned R-15A and is 13,343 square feet with 3 separate structures on it. The main house was built in the 1880’s and is about 430 square feet and is a typical mining-era structure. This structure is on the inventory map of the city. The applicant is proposing historic designation and a lot split to relocate the existing historic building on-site, renovating it, linking it to a larger addition to make a total structure of 1,500 square feet on lot 2. Lot 1 would have a new single family residence with an ADU, which was approved by P & Z in May. This structure would be 2,795 square feet. The total square footage would be 4256 on lots 1 and 2. Ms. Woods said architectural character, neighborhood character and community character have been met in this historic designation. Both of the lots and the development would meet the requirements of the R-15 zone district. The maximum buildout is a duplex and a single family residence. The applicants have indicated there will only be these two units and an ADU on the property. The allowed duplex FAR is divided between the two structures. Side yard setbacks for the historic structure were granted by the HPC. Ms. Woods told Council the neighbors are concerned about the request for a driveway on Neale street. Augie Reno, representing the applicant, told Council they have been working on this project for almost a year. They have been before both HPC and P & Z and have tried to work with the neighbors on the design. Ms. Woods told Council HPC discussed the location of the historic house on site. HPC also discussed the location of the driveway and whether the two houses could share a driveway off King street. Reno told Council the original proposal was to have the historic house moved to the north in order to comply with current setbacks. The applicants were told HPC did not want the house moved at all so the project was redesigned. Some HPC members indicated they would prefer the historic house on the west corner of the 6 Aspen City Council Regular Meeting July 13, 1998 lot. The HPC was not in total agreement about where to locate the historic house. The HPC was also not in agreement about the driveway. Mayor Pro Tem Richards opened the public hearing. Chuck Maple, adjacent property owner, said this house should not have been designated historic because it has caused a nightmare. Maple will have 3 houses adjacent to him rather than just one. The headlights of cars in the new driveway will shine directly into his house. Jim Mickey, 931 Gibson, said there has been no public input on the historic lot split and it will increase the density in the neighborhood. There will be 3 residences on a small lot in this area. Mickey suggested that the two structures be more the same size than one much larger than the other. Mayor Pro Tem Richards said that, if approved, this historic lot split will not give any more FAR than what the lot would have if it were not subdivided. Mayor Pro Tem Richards closed the public hearing. Councilman Vickery requested some elevations. Reno said he has done 3 mailings to property owners; one for HPC, one for P & Z, and one for Council. The property has also been posted for public hearing. Reno said this proposal will break the mass up into 2 structures rather than having one 4300 square foot house. Reno showed renderings of the 2 structures, the house is being moved so that it will be visual from the street and the driveway is on the west side. The new structure will be 25 feet back from the street. Mayor Pro Tem Richards said when Council originally passed the design review ordinance, she did not agree that design only would contain “monster homes” and would have like to lower the FAR. Mayor Pro Tem Richards said this proposed house has been designed under allowable FAR with the new way of measuring roof pitch. Mayor Pro Tem Richards said she would like Council to re-examine roof measurement, design review standards and the FAR as soon as possible. Mayor Pro Tem Richards said she is concerned about the driveway access on Neale avenue and would not be inclined to approve the lot split with this driveway. There are bicycle and pedestrian view problems in this area. This may be less mass than in a singular building for historic preservation but may not be worth a community safety issue. Stan Clauson, community development director, told Council the city engineer has not finished his analysis. Reno noted that King street is one-way east and if there are two houses exiting on King street, there is the factor they may exit out onto Neale rather than going all the way around. 7 Aspen City Council Regular Meeting July 13, 1998 Lorrie Winnerman said the purpose of historic preservation is to keep this small house and to let it have its own identity. Councilman Paulson said there is a site plane problem for people riding their bicycles or driving up Neale. It is difficult to see someone coming down and drivers cannot see up over the hill. Councilman Vickery said he feels this meets the criteria for historic landmark; however, in the development of the property something may be done to diminish the historical structure, it may take away the historical value. Councilman Vickery said he has problems with the setting for this small historic house. Councilman Vickery said he would like the written report from the city engineer on the driveway before voting on this lot split portion of the project. Reno reiterated they have been working on this project for a year with differing staff opinions and directions. Reno said the owners do have the right to build 4300 square feet on this site. If the developer decided he wants to build a single family structure of 4300, he would not have to have a lot split. The owners felt this was a better solution for the community. Mayor Pro Tem Richards said she could support this project with both driveways coming off the same lot. Larry Winnerman told Council the developers worked with the neighbors to best site this project. If the driveway moves, the house will be in the view plane of Aspen Mountain. Council suggested a site visit and to have the city engineer’s report in order to look at the driveway issue. Harris Kahn, owner of the property, said he is willing to withdraw the application and modify so that both driveways come off King street. Mayor Pro Tem Richards moved to adopt Ordinance #20, Series of 1998, with the proviso that the driveway for the newly created lot as well as the historic cottage lot come off of King street. Motion DIES for lack of a second. Councilman Paulson moved to continue Ordinance #20, Series of 1998, to July 27; seconded by Councilman Markalunas. All in favor, motion carried. Council requested by second reading minutes from HPC and P & Z on King street as well as architecture plans to be part of the packet for July 27th. ORDINANCE #21, SERIES OF 1998 - Code Amendment - Electric Vehicles John Worcester, city attorney, told Council this authorizes the use of and regulates neighborhood electric vehicles. The state legislature recently passed a statute to 8 Aspen City Council Regular Meeting July 13, 1998 authorize these. This ordinance amends the city code to allow these type of vehicles to be used in Aspen with the caveats that these cannot be operated on any street where the posted speed limit is over 40 mph. The state legislation defines these electric vehicles. The ordinance does make clear these may not be operated on city- owned trails. Mayor Pro Tem Richards pointed out CAST supported passage of this legislation at the state levee. Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson asked if one has to have a driver’s license to operate these vehicles. Worcester said yes. Councilman Paulson moved to adopt Ordinance #21, Series of 1998, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Vickery, yes; Paulson, yes; Markalunas, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #30, SERIES OF 1998 - 1035 E. Durant PUD, Subdivision and Appeal of Housing Replacement Program Compliance and Vested Rights Councilman Markalunas moved to read Ordinance #30, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #30 (Series of 1998) AN ORDINANCE OF THE APSEN CITY COUNCIL GRANTING A CERTIFICATE OF COMPLIANCE WITH THE RESIDENT MULTI-FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION APPROVAL, CONSOLIDATED CONCEPTUAL/FINAL PLANNED UNIT DEVELOPMENT (PUD) APPROVAL, INCLUDING A VARIANCE TO THE MINIMUM OPEN SPACE AND FRONT YARD SETBACK REQUIREMENTS, AND VEST3ED PROPERTRY RIGHTS FOR THE 1035 EAST DURANT DEVELOPMENT A/K/A/ DAY SUBDIVISION, A TRACT OF LAND SITUATED IN THE 3 1/2 NW 1/4NE 1/4 AND THE W 1/2 NE 1/4, SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, PITKIN COUNTY COLORADO was read by the city clerk 9 Aspen City Council Regular Meeting July 13, 1998 Mitch Haas, community development department, showed Council where the site is, the existing conditions on the site - 4 buildings, single family home and 3 apartment buildings. The proposal is to demolish two of the buildings and replace them with 4 townhomes along the river. One of the apartment buildings will get a small addition to comply with Resolution #76, 1996. The single family house will get an addition and a two-car garage. The result will be 3 buildings, instead of 4, on 2 lots. Haas said Resolution #76, 1996, states the housing replacement will be complied with in terms of number of units if there are 2 bedrooms added to the 12-unit apartment building. Haas said the housing board and staff are concerned with the size of the two bedroom units. The minimum net livable area under the housing guidelines for a 2 bedroom unit is 850 square feet. The proposal for these 2 two- bedroom units is 576 square feet. Another issue is the proposal category mix. The proposal is 3 category 1 units, 7 category 2 units, and 2 two-bedroom units deed restricted as RO. The housing board recommends 3 category 1 units, 9 category 2 units and the two bedroom units category be determined on size and design of the units. The housing board recommends no RO units whatsoever as these units do not serve the current housing needs. The housing replacement in the code states that the mix of affordable units between low, moderate and middle income or RO may be determined by the owner provided that no less than 20 percent of the bedrooms qualify as low income and no more than 20 percent of the units are available as resident occupied. The code allows for RO; however, the housing board feels there is no need and these should not be included or allowed. Haas told Council staff recommends the 2 two-bedroom units be made a size to comply with the minimum net livable area for a two-bedroom unit and allow these to be RO units. Mayor Pro Tem Richards asked if the category units meet the minimum size. Haas said the minimum net livable in the guidelines is 400 square feet and these units will be 420 square feet. Haas told Council the applicants are requesting a front yard setback variance for lot 1 as well as a percentage of open space variation. Haas noted Resolution #76 allows for minor variation in open space and parking. Haas said staff recommends support of these two variance requests. Haas told Council 16 parking spaces are required for lot 1 and 8 off street parking spaces for lot 2. Haas said the end of Durant street has a parking problem. Lot 2 exceeds the requirement by 4 spaces; the applicants are requesting a variance of 2 spaces for lot 1 to allow 14 spaces. Haas told Council staff feels the applicant has demonstrated they can comply with the parking requirements. The combination of lots 1 and 2 are more than required 10 Aspen City Council Regular Meeting July 13, 1998 for the entire site. The applicants do not want to allow the subgrade parking to be allowed by the units on lot 1. Haas said he does not believe a variance should be granted when the applicants have shown the ability to meet standards. Haas pointed out there is a requirement in the subdivision regulations for school land dedication or cash-in-lieu. The regulations state any new subdivision with residential units shall pay a school land dedication. Haas stated this is a new subdivision and it has residential units in it. The applicants are questioning whether there is any student generation. Haas noted this site has never mitigated for any students. Haas said the new units will be more likely to house students. Haas recommended the school impact fee be required at the time of building permit issuance. Gideon Kaufman, representing the applicant, reminded Council they appeared before them as they were into the process and had a staff interpretation on the housing replacement. Council determined this project would be reviewed under that criteria and requested the applicants try and find 2 more bedrooms. The applicants added 2 bedrooms to try and offset the impacts. Kaufman said the applicants did not know they would be required to add additional square footage. The applicants felt adding the bedrooms were to work with the city on that issue. Kaufman said there is a formula in the code for the units, which the applicants followed. Kaufman said category units have minimum sizes; RO units do not. Mayor Pro Tem Richards when said Council agreed the applicants had been given a different code interpretation, Council took into account the amount of money that had been spent. At that time Council compromised at 14 units rather than 16 units which would have been required under code. Stan Clauson, community development director, agreed and said Council agreed it may be necessary to make variances to parking and open space to facilitate the expansion of 2 more units. Kaufman said they are adding square footage to existing units. Dave Tolen, housing director, pointed out there are minimum sizes for the category units and as the category increases, the minimum size increases also. Tolen pointed out this project will not be adding new units to the housing inventory. The project does not comply with the strict requirements of the code in number of units, size of units or parking spaces. Kaufman said the code state the developer has the right to designate the mix of units. Council had said if the applicants add two bedrooms, they would meet the 11 Aspen City Council Regular Meeting July 13, 1998 code. The code states 20 percent category 1, 20 percent RO, so this project meets the mix as outlined in the code. Haas told Council the housing board recommends 3 category 1 and 9 category 2 units. The applicants are proposing 7 category 2 and 2 RO units. Councilman Vickery said the applicants are demolishing 24 units and 28 bedrooms. According to ordinance 1, housing replacement, the applicant should replace 12 units and 14 bedrooms in addition to leaving buildings 1 and 2 in place. Glenn Horn, representing the applicant, told Council 4 bedrooms comprise the owners units, have not been housing and are not subject to the code. Clauson pointed out title 20 clearly states any bedrooms occupied by working residents of Pitkin County count as part of the base. Haas said title 20 also deals with units being converted. The building with 12 units being converted to deed restricted, 6 units are being lost. Mayor Pro Tem Richards said the housing board’s recommendation is different than what the applicant is proposing. John Worcester, city attorney, said this matter is before Council as an appeal of the housing board’s determination. Kaufman said he feels the code is clear that the unit mix is the applicant’s designation. Clauson noted the code in 20.08.020 gives the housing designee some latitude to determine the appropriate mix depending on the situation. Clauson said this section also allows and person aggrieved of the housing designee’s decision may appeal to Council. Kaufman reiterated the code states, the mix between low, moderate and middle income or RO may be determined by the owner provided that no less than 20 percent of bedrooms qualify as low income and no more than 20 percent of the units are available as resident occupied. Kaufman said this is clear language. Worcester agreed when it comes to mix, Council is limited to the language in the code which provides the owner has a right to determine the mix. Council has the discretion on the size of unit. Councilman Vickery agreed it is clear in the code that the applicants have the latitude to go up to 20 percent RO. Councilman Vickery said it would be reasonable to assume that RO units would be larger than the minimum size for category 4. Councilman Paulson agreed the units should have a minimum size of 850 square feet. Councilman Markalunas agreed the code is specific about the applicant having the right to select the mix of unit. Councilman Markalunas agreed the RO units should be 850 square feet. Mayor Pro Tem Richards said she would prefer to see these lower category units. 12 Aspen City Council Regular Meeting July 13, 1998 Councilmembers Vickery and Markalunas said they would approve an open space variance in order to accommodate larger units. Councilman Vickery said he does not support the parking variance nor waiving the school dedication fees. Councilman Vickery said it is not germane how many kids are on a particular site. Mayor Pro Tem said she agrees on the parking and would consider waiving the dedication fees on the affordable housing unit. Councilman Paulson said he would not approve a parking variance and the applicants should pay the school dedication fees. Councilman Markalunas agreed. Councilman Vickery said the open space requirements may determine what type of units this project may have. It is not up to Council to get RO projects on the site. Councilman Vickery moved to adopt Ordinance #30, Series of 1998, on first reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Vickery, yes; Paulson, no; Markalunas, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #24, SERIES OF 1998 - Snyder Park Conceptual & Final PUD; GMQS Exemption Councilman Paulson moved to read Ordinance #24, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #24 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PITKIN COUNTY ZONE DISTRICT “MODERATE DENSITY RESIDENTIAL” (R-15) TO CITY OF ASPEN ZONE DISTRICT “AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT” (AH1-PUD); CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND WAIVER OF THE LAND USE APPLICATION, ZONING, AND PARK DEVELOPMENT IMPACT FEES FOR THE “SNYDER PARK” AFFORDABLE HOUSING AND NEIGHBORHOOD PARK PROJECT, 210 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk 13 Aspen City Council Regular Meeting July 13, 1998 Chris Bendon, community development department, told Council this site is not in the city but is surrounded on 3 sides by the city and is proposed for annexation. The site is 3.2 acres with 2 ponds, increasing slopes to the south. The proposal is to subdivide the property into 1 acre for housing and 2 acres for parks. The property is zoned R-15 in the county and would allow subdivision for several houses. Bendon said this proposal meets the PUD and subdivision regulations, is 15 affordable housing units. Bendon told Council staff recommends approval with conditions. The growth management committee recommended approval 6 to 2 with concerns about creating greater accessibility to the upper courtyard for loading and for emergency access. P & Z recommended to deny rezoning for the project 3 to 1. P & Z also considered the residential design standards and parking for the project; both of these were denied. P & Z’s concerns were the design of the project, arrival at the project where the cars are stored. Dave Tolen, housing director, told Council one of the objectives of the last 2-1/2 years of work was to design the best possible housing and neighborhood park. Tolen said the housing office worked closely with the neighbors and with the parks department. Another objective was to provide units of the type that are needed and also to provide a usable and attractive park. Tolen told Council staff looked at 11 different site designs. Tolen said the two existing ponds have been delineated as jurisdictional wetlands; there is a steep bench to the south of the site; there is a stand of mature trees. Tolen told Council the courtyard scheme for housing is driven by trying to reduce the impact of concrete and automobiles on the site. Tolen showed Council several previous site designs for a comparative with the one decided on. The current plan restricts access and parking to the smallest area possible, the buildings are clustered around a courtyard. This maintains the contiguity of the site as a park. Tolen said both the growth commission and P & Z questioned the density of 15 affordable units on this site. Tolen said staff looked at if there was space for additional buildings, parking and cars and felt without compromising the park use felt there was not space for more units. Tolen said staff looked at trading density on this site for preserving open space in another site. Tolen said staff wanted to preserve this green space in an already dense neighborhood. Another issue from P & Z is whether single family homes on a streetscape may be more appropriate. Tolen said this was looked at in some plans for this site; however, at Snyder an extension of the streetscape was not appropriate with the topography. Tolen said it is preferable to cluster the sites and to preserve as much open space as possible. 14 Aspen City Council Regular Meeting July 13, 1998 Tolen said P & Z questioned the access and whether it may be inadequate. Tolen said staff looked at vehicle access balanced against other needs on the site. Tolen said limited access gives the best possible opportunity to create the best park on this site. Tolen showed a model of the topography of the site. Tolen explained that access cannot legally come from the back of the site because it a private road. Tolen told Council as far as adding units or changing the design, staff worked with the neighborhood and feel they have gained credibility through this process. Tolen said to add units or change the design, staff would need to meet with the neighbors. Tolen told Council the parks director has serious concerns about eliminating the wetlands on the north of the project and what it would do to the park. There is also the point that the city would not allow a private developer to eliminate wetlands to build houses. Tolen told Council they should do a site visit. The houses are staked out, Council can experience how far it is from the cars to the houses. Rebecca Schickling, assistant parks director, said Council bought this property with open space funds and to create a park in this area. Staff worked within the natural features and constraints of the parcel. There is a space where the previous housing existed, which will be used for the housing. Schickling noted there are 3 ponds on the property. One of these is not considered jurisdictional wetland; it acts as a sedimentation area for the ditch system and has a lot of concrete. The other 2 ponds support a wetland community, although they are degraded. These two ponds need permission from the Army Corps of Engineer to alter or to fill. Schickling said the city proposes to upgrade the wetlands to be more useful. Schickling told Council the Army Corps has given the city a permit to begin work upgrading the ponds; this permit is valid only until March 1999. Schickling told Council the parks department will improve the ditch and create a water course through the property. A playground will be added on the front part of the portion. Staff has been working with the property owner to the north to get a trail connection through both properties. There will be some picnic shelters. Schickling said an emphasis through the planning process has been to make sure there is an attractive and usable park. Dan Sadowski, adjacent neighbor, read a letter into the record. This letter had signatures of neighbors and said they have followed the process and strongly approve of the final design as presented by the housing authority. Sadowski said the neighbors reject P & Z’s effort to introduce a major redesign at this point. Sadowski said during the 2 plus year process, many designs were considered and 15 Aspen City Council Regular Meeting July 13, 1998 this design was agreed on by all parties involved. Sadowski said this process was a sterling piece of civic planning. Tim Mooney, P & Z member and neighbor, said a series of checks and balances ultimately create the best result for the city and its citizens. Mooney said P & Z needs to stay within the code requirements when they review project and to review every project consistently. Mooney said a garage with a two story house on top is not an ideal situation. Mooney said the city’s design review standards particularly address streetscape, the dominance of the garage as it faces the street. Mooney told Council the design team stated they would get a variance from Ordinance #30 and they would not have to comply with the design standards. Councilman Paulson moved to suspend the rules and extend the meeting to 9:35 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Bob Blaich, P & Z member, said this is an excellent site for affordable housing. The majority of P & Z felt, however, that more detailed design should be undertaken. Blaich said P & Z did not have any input until the project was complete. Blaich said the staff suggests waiving the design review standards. Blaich said many citizens feel the city has two sets of standards; one for private development and one for public development. If the city waives the design review standards, it will reinforce that opinion. At the same time, Council wants to make Ordinance #30 more stringent. Blaich suggested Council approve this project without waiving the residential design standards and also refer the project back to DRAC. Tolen told Council staff is asking for relief from 2 residential design standards; one is the houses are not oriented to the street and the garages are on the fronts of the units as you enter with your vehicle. Tolen said in order to orient the houses to the street, they would have to all be oriented to Midland avenue or the subdivision would have to create new streets. David Warner, design team, said if the building had been skewed to match the tangent line of Midland Avenue, the project would look out of place in the neighborhood. The orientation is appropriate. Nick Lebby, adjacent property owner, told Council he has been involved in this project for about 3 years and it has evolved into a beautiful project. Lebby said incorporating a park and wetland close to town is a great amenity to the community. The affordable housing is in a beautiful setting and residents can walk to town. Lebby said preserving wetlands and trees and open space is what Aspen is about. Lebby said this was a long process and he appreciates being included in the process. 16 Aspen City Council Regular Meeting July 13, 1998 Tolen said he worked with the fire department on the emergency access and it meets their requirements. The fire department may use the private road to fight a fire, if necessary. The housing department has agreed to provide sprinklers for all structures. Mayor Pro Tem Richards said she supports this design. Mayor Pro Tem Richards noted the parks and recreation master plan identified a critical shortage of pocket parks in this neighborhood. Mayor Pro Tem Richards said she wants this to be a stellar new park. Mayor Pro Tem Richards said the city may have to compromise the grid system on this project. Councilman Paulson moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas said he feels this is an exemplary project and he supports the project the way it is. Councilman Markalunas said he likes that the natural features of the land have been preserved. Councilman Markalunas said in order to preserve natural beauty, the city needs to build in regulations to reduce the number of cars and to reward projects with communal cars. Councilman Paulson said he would like the garages designed so that when one comes into the project, the garages cannot be seen. Councilman Vickery said he does not feel there are fatal flaws in the project. Councilman Vickery said between now and second reading, Council should conduct a site visit and have a work session to see if there are any ideas that can be incorporated into the plan. Mayor Pro Tem Richards said she does not want to see the compromise with the neighbors broken. Councilman Markalunas moved to adopt Ordinance #24, Series of 1998, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Mayor Pro Tem Richards, yes. Motion carried. Councilman Paulson moved to adjourn at 9:50 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. 17 Aspen City Council Regular Meeting July 13, 1998 Kathryn S. Koch, City Clerk 18 Aspen City Council Regular Meeting July 13, 1998 ANNUAL AUDIT AND FINANCIAL STATEMENT PRESENTATION .............. 1 CITIZEN PARTICIPATION ................................ ................................ ................... 2 COUNCILMEMBER COMMENTS ................................ ................................ ....... 2 CONSENT CALENDAR ................................ ................................ ........................ 2 Minutes - June 8, 22, 1998 ................................ ................................ .................. 5 Resolution #52, 1998 - Contract, Smuggler Neighborhood Improvements Project 5 Ordinance #25, 1998 - 1998 Housing Guidelines ................................ ................. 5 Ordinance #26, 1998 - Code Amendment - Prohibiting Theft ............................... 5 Ordinance #27, 1998 - Amendment to North Spruce Street Water Service Agreement ................................ ................................ ................................ ........... 5 Resolution #54, 1998 - Engineering Services McLaughlin Water Main Relocation Maroon/Castle Creek Road Roundabout ................................ .............................. 5 Resolution #53, 1998 - Letter of Intent to Purchase Wind Power ......................... 5 Permission to File Liquor License Application - Wheeler Opera House ............... 5 Ordinance #28, 1998 - Historic Designation 950 Matchless Drive ...................... 5 Ordinance #29, 1998 - Historic Lot Split Brumder 214 E. Bleeker ...................... 5 Ordinance #23, 1998 - Landmark Designation and Historic Lot Split 920 W. Hallam ................................ ................................ ................................ ................. 5 Supplemental Budget Request - HPC Symposium ................................ ................ 5 Resolution #55, 1998 - Snyder Annexation ................................ .......................... 5 Ordinance #31, 1998 - Water Service Agreement - Nevins ................................ .. 5 ORDINANCE #18, SERIES OF 1998 - Alpine cottage Subdivision PUD Rezoning 5 ORDINANCE #20, SERIES OF 1998 - Historic Designation/Lot Split 930 King Street ................................ ................................ ................................ ....................... 6 ORDINANCE #21, SERIES OF 1998 - Code Amendment - Electric Vehicles ........ 8 ORDINANCE #30, SERIES OF 1998 - 1035 E. Durant PUD, Subdivision and Appeal of Housing Replacement Program Compliance and Vested Rights ............... 9 ORDINANCE #24, SERIES OF 1998 - Snyder Park Conceptual & Final PUD; GMQS Exemption ................................ ................................ ................................ . 13 19