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HomeMy WebLinkAboutminutes.council.19990125spen City Council Regular Meeting January 25, 1999 A Mayor Bennett called the meeting to order at 5:05 with Councilmembers Paulson, Vickery, Markalunas and Richards present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Bennett and Council presented outstanding employee bonus awards to Lysa Usher, transportation department; Susan Arenella and Chance Dennison, recreation department; Willie McFarlin and Matt Vaughan, streets department; and the water department. COMMENDATION RETIRING P & Z CHAIR - Sara Garton David Hoefer, assistant city attorney read a poem of commendation to Sara Garton honoring her work to the city planning and zoning commission. Mayor Bennett presented a distinguished service award to Sara for her 8 years on P & Z, 4 of these as the chair. CITIZEN COMMENTS There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Markalunas said Council and the city have a lot of reasons to be proud of the city staff. 2. Councilwoman Richards told Council she attended the Colorado Association of Ski Towns meeting in Winter Park last week. February 4th is the CML session with state legislators. Municipal officials are being encouraged to attend because there are so many new legislators. 3. Councilwoman Richards said CAST, with a grant from the office of energy conservation, funded an ad “after you arrive, let us drive” which will appear in the brochures about Colorado skiing mailed out to all inquiries. This ad focuses on alternative ways to get around in the various Colorado ski resorts. 1 spen City Council Regular Meeting January 25, 1999 A 4. Mayor Bennett reported he attended a Vail council meeting to present what is happening in the Roaring Fork Valley with rail transportation. 5. Councilwoman Richards told Council March 17 is the Colorado Association of Ski Towns meeting with state legislators. They are trying to also get the new director of transportation for this meeting. CONSENT CALENDAR Councilman Paulson moved to read Ordinance #1, Series of 1999; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #1 (Series of 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 920 E. HYMAN AVENUE, LOT N, BLOCK 32, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, PARCEL NO 2737-182-06005 was read by the city clerk Councilman Markalunas moved to adopt the consent calendar; seconded by Councilman Vickery. The consent calendar is: · Ordinance #1, 1999 - Historic Designation 920 East Hyman · Resolution #8, 1999 - Construction Loan - Aspen Country Inn · Request for Additional Funds - Land Use Symposium Roll call vote: Councilmembers Paulson, yes; Richards, yes; Vickery, yes; Markalunas, yes; Mayor Bennett , yes. Motion carried. ORDINANCE #50, SERIES OF 1998 - Code Amendment Security Signs Mitch Haas, community development department, told Council P & Z discussed whether security company name should appear on security signs; whether a security company’s phone number should be somewhere on the premise; size and color of security signs, and signs on commercial properties. Haas noted this code amendment will allow one 6” x 6” sign in addition to 2 spen City Council Regular Meeting January 25, 1999 A the 2 feet allowed for residential name and address. The sign will be neutral in color and placed on the wall of a residence. The sign may have the security company name and phone number. This should not be an advertising device. Haas suggested that security signs on historic structures be free standing so as not to damage any historic structure. Haas said the decals in windows would not be affected by this amendment. Marc Powell, Apex Security, said their concern about this regulation is that the value of security signs is when the sign can be seen from the street. The crime deterrent from a sign of this size attached to a house with a normal setback is not there. Powell said many of his clients do not want to attach a sign to their house. Powell noted there are some residences that cannot be seen from the street. Powell requested signs be allowed on the property outside the legal setback. Mayor Bennett opened the public hearing. Sara Garton, former P & Z member, said they felt strongly about the corridor pollution from security signs. P & Z was unanimous in recommending the sign be attached to residences. Mayor Bennett closed the public hearing. Mayor Bennett suggested that the security company’s phone number on the sign be optional. Powell told Council that having a security signs makes a structure 15 times less likely to be burglarized, but this sign has to be seen from the road. Powell said security systems also protect against fire and temperature variations. Mayor Bennett said he supports putting a security sign on the property behind the front yard setback. Mayor Bennett said forcing someone to put a sign on their house is regulation for the sake of regulation. Councilwoman Richards said she feels it is a security system and not a sign of this system that will deter a burglar. Councilman Vickery said he agrees with Bennett. Councilman Markalunas moved to adopt Ordinance #50, Series of 1998, with the amendment that the sign may or may not include the security company’s phone number; seconded by Councilman Paulson. 3 spen City Council Regular Meeting January 25, 1999 A Powell said they will offer the new sign and regulations to their clients; however, most have already indicated they will not use the sign. It does not add any deterrent value. Powell said he does not feel there is any value in passing this amendment. Roll call vote: Councilmembers Markalunas, yes; Richards, yes; Paulson, yes; Vickery, no, Mayor Bennett, no. Motion carried. ORDINANCE #51, SERIES OF 1998 - Red House Enclave Condominiums Annexation John Worcester, city attorney, explained this is the final step in the annexation procedure for city-owned property at the entrance to town on the east side of the Castle Creek bridge. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #51, Series of 1998, on second reading; seconded by Councilman Paulson Roll call vote: . Councilmembers Richards, yes; Vickery, yes; Markalunas, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #52, SERIES OF 1998 - Red House Enclave Condominiums Rezoning Sarah Oates, community development department, told Council after a property is annexed, the city has 90 days to rezone to a city zone. Ms. Oates said this 12,700 square foot parcel is zoned R-15 in the county. Staff and P & Z have recommended it be zoned RMF. The property meets all the dimensional requirements for RMF except for the off street parking requirement. Ms. Oates pointed out a parking access easement which provides 17 parking spaces for this six-unit building. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 4 spen City Council Regular Meeting January 25, 1999 A Lee Novak, housing office, told Council 5 of these units will be sold as affordable housing; 1 three-bedroom, 1 two-bedroom, and 3 one-bedroom units. There will be a lottery for these units Thursday, January 28th. There are almost 100 applicants for these units. Councilwoman Richards moved to adopt Ordinance #52, Series of 1998, on second reading; seconded by Councilman Markalunas Roll call vote: . Councilmembers Vickery, yes; Paulson, yes; Richards, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #6, SERIES OF 1999 - Burlingame Annexation John Worcester, city attorney, reminded Council the entire city-owned parcel of the Burlingame ranch went through the annexation procedure to first reading of the ordinance. The annexation was withdrawn and staff was directed to start the state-mandated process over again deleting 37 acres of the parcel. The county had objected to the annexation all the way to the ridge line near Owl Creek. Worcester said the city intends to designate a building site on the 37 acres, deed restrict the rest of the parcel conservation and sell the lot as a free market lot to recover some costs. Worcester reminded Council this step in the process states the property is contiguous with the city and sets March 8 for a public hearing, the next step in the process. Worcester noted the land is currently zoned AFR-2 in the county. The proposed city zoning will be RR, rural residential, which is close to the county zoning. If there is affordable housing development on the property, it will have to be rezoned AH/PUD. Joy Caudill said she does not oppose annexation on the south side of the highway nor does she opposes selling a portion to recoup some of the costs. Ms. Caudill said she also does not have any problem with the portion earmarked for MAA housing. Ms. Caudill requested the City not annex the majority of the property on the east side of Deer Hill as the city does not know what they will do with this property. Ms. Caudill said adjacent property owners do not want to see the bowl area zoned for housing. Worcester said zoning is not the issue at this hearing. The city has 90 days after annexation to zone newly annexed property. The zoning issue will not come before Council until April or May. 5 spen City Council Regular Meeting January 25, 1999 A Worcester pointed out this property will be owned by the city and nothing will happen on the property without the city’s consent. Ms. Harvey suggested the entire parcel be zoned conservation, if it is annexed. Julian Gregory, adjacent property owner, said a well has been dug on the 37 acre parcel of city-owned land and it did show an impact on his well. Jim Curtis said some surveying on the property boundary has been done as well as a test well with a pump test. Curtis said the engineers are reviewing the well results, which can be forwarded to Gregory. Curtis said he has also staked a conceptual building envelope; they will do some height poles, which will be scheduled soon. Councilwoman Richards said Council has discussed limiting the size of the building envelope or the floor area ratio before this parcel is put on the market. Maybe when the height poles are up, Council can have a discussion about the size of the structure. Councilman Paulson said he is concerned about open space on the Burlingame and would rather seen this zoned conservation than rural residential. Worcester said this action tonight is annexation; the zoning will not be before Council until March or April. Mayor Bennett said for months in all work sessions, Council has repeatedly taken the conceptual position that they wanted to see housing on the Burlingame property. Councilwoman Richards suggested for the next step in annexation, staff give description of the zoning options and what each of these means for development. Councilman Markalunas said he is supportive on housing on Burlingame but not in the bowl area. Councilman Vickery moved to adopt Resolution #6, Series of 1999; seconded by Councilman Markalunas. All in favor with the exception of Councilman Paulson, motion carried. RESOLUTION #7, SERIES OF 1999 - Burlingame Seasonal Housing Conceptual PUD Chris Bendon, community development department, told Council the parcel under consideration for seasonal housing is part of the entire Burlingame ranch and is referred to parcel B. Bendon said there is a steep slope behind the proposed site and an FAA encumbrance and highway 82 impacts on the front of the site. Bendon showed the transit stop, which is within a 1/4 mile radius. There is a proposed recreational underpass under highway 82. 6 spen City Council Regular Meeting January 25, 1999 A Bendon showed the original plan with 69 units and 200 bedrooms with the parking on the perimeter and a green central courtyard. Bendon said the revised plan with parking in the center and units on the outside; the units are larger. The revised plan uses less land and costs less. The berm will be pulled back from highway 82. Bendon showed the difference between the 3 and 4 bedroom units, showed where the commons building and on-site manager’s unit would be. Bendon said P & Z discussed whether this was the right location for seasonal housing; they also talked about some site specifics. Jim Curtis, representing the MAA, reminded Council the drive for this project is the need to replace beds because of the demolition of the Grand Aspen hotel, which houses about 175 students. These beds are not being proposed to expand the student size of the MAA; the MAA does not plan on increasing its size. Another issue addressed by P & Z was whether this was an appropriate location for seasonal housing. The goals for this project are to have occupancy by June 2000, to build a non-controversial project, and to be financially doable. Curtis said in order for the MAA to afford this project, they will have to have a wintertime partner. Also for financial reasons, the MAA decided they will have to use a modular building format. Curtis said he looked at other parcels for seasonal housing. One was the MAA property at the Aspen Meadows. The SPA adopted at the time did not allow for seasonal housing. Besides having to take an SPA amendment for this land through the public process, there are already traffic concerns expressed by west end residents. Curtis said he also looked at the Marolt Ranch. This property is constrained by the ballot language of the 1988 and 1989 ballots which set forth a maximum build out of the project. Using the Marolt Ranch would require subdivision and an election for additional housing on the Marolt Ranch. Curtis told Council he looked into using the Moore open space parcel. This land was purchased with open space money and there is a covenant restricting the property from use as affordable housing. Curtis said the MAA looked at purchasing some existing lodges to use as seasonal housing. This does not fit within financial doability with cost of purchase, cost of renovation and cost of expansion. Curtis said expanding 7 spen City Council Regular Meeting January 25, 1999 A any existing lodge would also be controversial within the residential areas; also there is not enough parking at most of these lodges. Curtis reminded Council they had conceptual discussion about a joint project in the bowl area of the Burlingame ranch. Curtis said the location was not favored by the housing office. The housing office also feels their project would take more time than a seasonal project. Curtis said the applicant feels that parcel B will meet their objectives and they can build a project that will work for both MAA students as well as winter users. Harry Teague, architect, pointed out the location is or will be closely linked with transportation. This is an ideal site for seasonal winter housing both in its location to Buttermilk and to the buses. Teague said the earth shapes can be used to block out the noise. Teague pointed out in the design with the parking in the middle gains are area between the natural slope and the building that is not impacted as a public space. Teague said the parking inside the buildings uses less concrete and is much more efficient, and also condenses the entire footprint of the project. Julia Marshall, landscape designer, told the Council there are poles on the north side of the site to indicates how tall the berm will be. The berm will have native vegetation and pine trees, which will screen the roofs from West Buttermilk and from the highway. Ms. Marshall said the parking has been sized for slightly more than one car per unit, which is probably more than is needed in the summer. This is the same parking formula that is used at Marolt Ranch. Mayor Bennett opened the public hearing. Mickey Herron, representing the Maroon Creek Club, told Council their immediate concern with this project is using New Stage road for the access for this project. Herron said he has been in contact with CDOT and Ralph Tripani to try and convince them to put a four-way light on Old Stage Road. CDOT feels a fourth stop to the light at highway 82 and Old Stage Road would unreasonably delay traffic. Maroon Creek Club hired a traffic engineer and had a traffic study done indicating the impact of the 4th stop to the light would be minimal. Herron urged Council to insist CDOT and the applicant and the city do what is necessary to open Old Stage Road and to add a 4th phase to that light. Curtis pointed out the only legal access to Burlingame 8 spen City Council Regular Meeting January 25, 1999 A currently is New Stage Road; there is no physical and legal access from any other point. Curtis said the traffic study done for this project shows it has little impact on New Stage Road and the seasonality of this project matches the seasonality of New Stage Road. This project will have a lighter traffic generation in the summer. Curtis said CDOT’s position is that there is a public road which is safe to use. Herron said this project is a small piece of the development potential in this area. The entire parcel should be looked at. Herron said the Maroon Creek Club feels there is a legal problem with the access. Councilwoman Richards said before this project comes back to Council, the access issue will have to be resolved. Councilwoman Richards said safety is important; turning east off Old Stage Road is difficult. Worcester requested a letter from Herron on the legal impediments to using New Stage Road. Amy Margerum, city manager, pointed out the Maroon Creek Club has an obligation to put in an underpass if CDOT does not put it in. If CDOT does put the underpass in, the money will go toward the Maroon Creek Nordic bridge. Councilwoman Richards said she is concerned about the look of the back of the building and that it is a 126 foot wall. Councilwoman Richards said she would like to see how the exterior finishes will relate to the Maroon Creek housing. Councilwoman Richards said for final review she would like to know that there are adequate laundry facilities, the winter livability of the units, the kitchen size, auto disincentive measures or how the parking spaces will work. Councilman Paulson said he much prefers the original plan with the parking on the outside of the apartments. Curtis said one reason for the change is that the second plan moves less earth and has less berming. Councilman Paulson asked the cost of putting the parking underground. Ms. Marshall said it is $15,000/space. Councilman Markalunas said he is opposed to the size of parking and would prefer to see projects like this not accommodate automobiles. Michael Hassig, architect, said the current parking plan is 70 spaces for 200 residents and 14 guest spaces. This is less than 1.5/cars per dwelling units. This is probably less than the demand for parking in the summer. In the winter there will be 4 people per unit, probably all working and driving throughout the county. 9 spen City Council Regular Meeting January 25, 1999 A Councilman Vickery said it is counter intuitive to put cars in the middle of a project. Councilman Vickery said he would rather see music students integrated throughout the community. Councilman Vickery said of the two plans, he prefers the one with the parking on the outside. Councilman Vickery said he would like to see flat roofs so that the structure could be expanded in the future with the thought of putting growth where growth already exists. Councilman Vickery said he has developed a questionnaire for any development which he would like the applicants to look at. Mayor Bennett said housing is a good use of this marginal piece of land. Mayor Bennett said he has major problems with the idea of parking in the middle of the project and prefers green space. Mayor Bennett noted the AACP warns against urban block architecture, which this appears to be. Mayor Bennett said he likes greens spaces and areas for students to use rather than facing concrete. Council agreed they like green spaces in the middle of the project. Councilwoman Richards asked for a review of Marolt parking situation for the next time this project is reviewed. Mayor Bennett closed the public hearing. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to adopt resolution #7, Series of 1999, conceptual PUD approval for the Burlingame project with the additional requirement that the applicant meeting jointly with Council and P & Z to go over site design issues; seconded by Councilman Paulson. All in favor with the exception of Councilman Markalunas. Motion carried. ORDINANCE #2, SERIES OF 1999 - Code Amendment SCI Definition Councilman Paulson moved to read Ordinance #2, Series of 1999; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #2 Series of 1999 10 spen City Council Regular Meeting January 25, 1999 A AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO SECTION 16.18.160, THE SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT, AND TO SECTION 26.04.100, DEFINITION, OF THE ASPEN MUNICIPAL CODE was read by the city clerk Chris Bendon, community development department, reminded Council they looked at an amendment to the SCI zone district in 1998 and requested some changes to the definitions relating to SCI uses. Bendon said architect is an unresolved issue. Bendon said Council and staff came up with 3 ways to address architect in the SCI zone; (1) to not allow the use through zoning but grandfather all existing users until the use is vacated; (2) grandfather the percentage of the zone devoted to the use which allows that amount of use to be transferred around within the zone; and (3) allow the use as either a permitted or conditional use but limit the size of a studio to encourage small businesses. Council did not want to kick any existing business out of the SCI zone. Councilman Vickery asked if one is allowed to expand a grandfathered use. Bendon said it would depend on whether it is an permitted or conditional use. Bendon noted another issue in the SCI discussion is what is an acceptable amount of retail. This would allow up to 25 percent of the floor area for retail and customer service area for all uses. There is an affordable housing provision which would allow an FAR of 1:1 as long as the housing was in categories 1, 2, or 3. This would allow employee housing mitigation to be done one site. P & Z wanted to maintain affordable housing as a conditional use. The ordinance incorporates an annual status report to Council on the zone district. Amy Margerum, city manager, read a letter into the record from Harry Teague, architect in the SCI zone. Councilman Vickery said an architect’s studio is allowed; a studio by definition is a one room work space; this would preclude it from taking place on multiple levels. Councilman Vickery said he favors the third option with the size of a studio limited to 625 or 750 square feet. Mayor Bennett said he feels it was a mistake to allow architect’s studios in the SCI zone; however, he would accepting grandfathering the use and limiting it to 750 square feet. Julie Ann Woods, community development 11 spen City Council Regular Meeting January 25, 1999 A director, told Council grandfathering the percentage of the zone (option #2) would take a lot of staff time. Councilman Paulson said he prefers alternative #1. Bendon told Council he has not met with all the SCI owners and tenants and plans on inviting them all to a meeting when the alternative for architect’s studio is worked out. Council suggested this be taken up earlier on the agenda at the next Council meeting. Councilwoman Richards moved to continue Ordinance #2, Series of 1999, to February 8; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:50 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 12 spen City Council Regular Meeting January 25, 1999 A OUTSTANDING EMPLOYEE BONUS AWARDS ................................ ..... 1 COMMENDATION RETIRING P & Z CHAIR - Sara Garton ..................... 1 CITIZEN COMMENTS ................................ ................................ ................ 1 COUNCILMEMBER COMMENTS ................................ ............................. 1 CONSENT CALENDAR ................................ ................................ .............. 2 Ordinance #1, 1999 - Historic Designation 920 East Hyman ....................... 2 Resolution #8, 1999 - Construction Loan - Aspen Country Inn ................... 2 Request for Additional Funds - Land Use Symposium ................................ 2 ORDINANCE #50, SERIES OF 1998 - Code Amendment Security Signs .... 2 ORDINANCE #51, SERIES OF 1998 - Red House Enclave Condominiums Annexation ................................ ................................ ................................ .... 4 ORDINANCE #52, SERIES OF 1998 - Red House Enclave Condominiums Rezoning ................................ ................................ ................................ ....... 4 RESOLUTION #6, SERIES OF 1999 - Burlingame Annexation ................... 5 RESOLUTION #7, SERIES OF 1999 - Burlingame Seasonal Housing Conceptual PUD ................................ ................................ ........................... 6 ORDINANCE #2, SERIES OF 1999 - Code Amendment SCI Definition .... 10 13