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HomeMy WebLinkAboutminutes.council.20030728Regular Meeting Aspen City. Council July 28~ 2003 CITIZEN PARTICIPATION. ..................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 3 · Housing Budget Amendments ................................................................................ 4 · Resolution #62, 2003 - Contract OBJ Group Ltd - Telephone Evaluation ........... 4 · Resolution #63, 2003 - Accep6ng Donation of Lou Wille Sculpture .................... 4 · Board Appointments ............................................................................................... 4 · HPC - Sarah Broughton .......................................................................................... 4 · P&Z - John Rowland, Steve Skadron (alt) ............................................................. 4 · Minutes - July 14, 2003 .......................................................................................... 4 RESOLUTION #64, 2003 - Stillwater Ranch Lot I Water Service Agreement ..................................................................................................................... 4 PARKING AT COZY POINT FOR JAZZ ASPEN SNOWMASS EVENT. 5 PARKING PASS DONATION FOR ANIMAL SHELTER FUND RAISING .......................................................................................................................... 5 MEMORANDUM OF UNDERSTANDING WITH SANITATION DISTRICT - CEMETERY LANE PHASE 1I-2 PROJECT ............................. 6 CALL UP OF 114 NEALE HPC RESOLUTION #16 ......................................... 6 ORDINANCE #38, SERIES OF 2003 -Aspen Valley. Hospital Zoning ......... 7 RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell ........ 7 ORDINANCE #5, SERIES OF 2003 - Code Amendment Infill .................... l0 ORDINANCE #29, SERIES OF 2003 - Dancing Bear PUD .......................10 ORDINANCE #32, SERIES OF 2003 South Aspen Street PUD ................ 15 ORDINANCE #33, SERIES OF 2003 - South Aspen Alley Vacation ......... 15 ORDINANCE #36, SERIES OF 2003 - Burlingame Parcel D (Lot 3) Final PUD ............................................................................................................................. 18 RESOLUTION #65, SERIES OF 2003 - Visitor Center COWOP Eligibility Regular Meeting Aspen City Council July 28, 2003 Mayor Klandemd called the meeting to order at 5:05 p.m. with Councilmembers Richards, Torre and Semrau present. CITIZEN PARTICIPATION 1. Bill Wiener presented a monopoly game illustrating why he is opposed to the infill ordinance and how it would create many tall buildings. 2. Paul Taddune, representing the Trentins, brought up the HPC call up on his clients property. Mayor Klandemd said there has not been a call up; there has been a notification to Council whether they want to issue a call up. Taddune said a call up would have financial impacts on this project. City Manager Steve Barwick said this has not yet been added to the agenda. Council may add it to the consent calendar and then remove it for discussion. COUNCILMEMBER COMMENTS I. Mayor Klanderud presented an award given to the City of Aspen by the U.S. Environmental Protection Agency and the U. S. Department of Transportation for creating a "best workplaces for commuter district". Mayor Klandemd said this is for every business and citizen, not just the city. Mayor Klanderud noted this is the first time a city has been g~ven this award rather than businesses that have transit plans. The award was presented by a representative of the EPA and is intended for every citizen who avails themselves of transit, paid parking, TOP, and the fact vehicular traffic has been kept at the 1993 levels and the many outreach programs. 2. Mayor Klanderud expressed condolences to the Marolt family on the death of Max Marolt. Max Marolt was both a City Council member and a County Commissioner. The Marolts have been in this valley since the late 1800's. Max was Aspen's first Olympic ski racer. Councilwoman Richards said Max had a great wit and sense of humor and was able to disagree with people with honor and humor. 3. Councilman Torre said citizens have alluded to the "bribes" and the hospital annexation. Councilman Torte said that has nothing to do with the city annexing the hospital. Councilman Torre said through partnership and 2 Regular Meeting Aspen City Council July 28, 2003 cooperation with the Aspen Valley Hospital the community will be able to work toward community health care. 4. Councilman Torre noted there was a Council retreat last week and issues Council will be focusing on are transportation, housing, youth, and the environment. Councilman Torte gave his e-mail address hitorre~aol.com for citizens to send thoughts on these issues or any others. 5. City Manager Steve Barwick requested Council add an executive session to discuss property acquisition and negotiations with counsel. 6. City Manager Steve Barwick reminded Council there will be a report from the city's green team at tomorrow's work session rather than a session on infill. Councilman Semrau asked if entertainment on the mall can be added. Council agreed. CONSENT CALENDAR Mayor Klanderud removed Parking at Cozy Point for Jazz Aspen as well as the Call Up consideration of 114 Neale Avenue, HPC Resolution #16. Councilman Semrau removed the Stillwater Ranch Water Service Agreement. Councilman Torre removed Parking Pass Donation for Animal Shelter Fund Raising and MOU with Sanitation District, Cemetery Lane Phase II-2. Councilman Semrau moved to approve the consent calendar as amended; seconded by Councilwoman R/chards. The consent calendar is: 3 Regular Meeting Aspen City Council July 28, 2003 · Housing Budget Amendments · Resolution #62, 2003 - Contract OBJ Group Ltd- Telephone Evaluation · Resolution #63, 2003 - Accepting Donation ofLou Wille Sculpture · Board Appointments · HPC - Sarah Broughton · P&Z - John Rowland, Steve Skadron (alt) · Minutes - July 14, 2003 Councilwoman Richards said when Council reviews the housing budgets in the fall, she would like to look at the Truscott landscaping as well as cleaning of the parking lots. Councilman Semrau stated he is also concerned that these projects are not being maintained. All in favor, motion carried. RESOLUTION #64, 2003 - Stillwater Ranch Lot 1 Water Service Agreement Councilman Semrau said City housing projects pay for their water improvements. This is a County housing project to which the city is donating water improvements from the water fund. Phil Overeynder, water department, told Council there ~s about $30,000 of improvements being requested. This is what Council approved when they reviewed the project several years ago. Councilwoman Richards said in the past Council has contributed water fees to affordable housing projects to help keep the costs down. Councilman Semrau asked why city projects are paying the fees. Overeynder said the requirement has been different under different Councils. Councilman Semrau said he would like to reconsider the donation. Overeynder said generally there is better revenue recovery from affordable housing projects due to use, even with waiving the tap fees. Councilwoman Richards said she would like to support the county's housing project at Stillwater to keep the cost down. Councilwoman Richards said she would like to know why the city is not doing that for Burlingame Parcel D. Councilman Semrau answered all housing projects pay for the water 4 Regular Meeting Aspen City Council July 28, 2003 infrastructure. Overeynder told Council the city made a contribution toward a water loop at the Snyder project because it benefited more than just the Snyder project. This water improvement will also improve water service to other water users in the Stillwater area. Overeynder said these improvements will be paid for out of the water fund; the Burlingame Parcel D is being paid out of the housing fund. Councilman Semrau asked if this is an exception for a county housing project. Councilwoman Richards supports this as a parmer with the county and toward the goal of affordable house. Councilman Semrau moved not to support the water service agreement. Motion DIES for lack of a second. Councilwoman Richards moved to approve Resolution #64, Series of 2003; seconded by Mayor Klanderud. All in favor with the exception of Councilman Semrau. Motion carried. PARKING AT COZY POINT FOR JAZZ ASPEN SNOWMASS EVENT Jerry Scheinbaum, Brush Creek Metro District, said they are happy Council is exploring other parking options. Scheinbaum said Janus Jazz Aspen is good for the community and they approve of parking at Cozy Point for this year. Scheinbaum stated Monroe Sommers has been a good neighbor and has worked verY hard at it maintaining Cozy Point. Lawson Wills said they are excited that Council is exploring using Aspen Mass for parking rather. than Cozy Point. There has to be parking for major events in the valley and this seems to be a solution. Councilwoman R/chards moved to approve parking at Cozy Point for Jazz Aspen; seconded by Councilman Semrau. All in favor, motion carried. PARKING PASS DONATION FOR ANIMAL SHELTER FUND RAISING Councilman Torre moved to approve the parking pass donation for animal shelter fund raising; seconded by Councilman Semrau. All in favor, morion carried. Regular Meeting Aspen City Council July 28, 2003 MEMORANDUM OF UNDERSTANDING WITH SANITATION DISTRICT - CEMETERY LANE PHASE II-2 PROJECT Councilman Torte asked if staffhad not anticipated this project. Ed Sadler, asset manager, said staff made changes in the bid documents to solicit options. Staffis asking for 2 bids; one as designed and one with money saving ideas. Sadler said the project is $I million plus and stafffeels they can come up with savings and will know when the bids are due in August. Staffwill try and address the overage and not come to Council for additional budget. Mayor Klanderud said the samtation pipe problem was not anticipated in this project. Mayor Klandemd said she would have liked to have known about this earlier. Councilman Torre moved to approve the Memorandum of Understanding with the Sanitation District Cemetery Lane Phase 1I-2; seconded by Councilman Semrau. All in favor, motion carried. CALL UP OF 114 NEALE HPC RESOLUTION #16 Councilman Semrau recused himself. John Worcester, city attorney, said the only issue at this meeting is whether Council wants to call up this project. The appeal would be held at another Council meeting. Worcester said the call up has to be done within 30 days of HPC approval. The land use code requires when HPC approves certain projects, Council is informed of that. Worcester said community development department has indicated they would like this project called up. Suzannah Reid, representing the applicant, told Council the team working on this project has a demonstrated commitment to historic preservation and the communay's goals. Ms. Reid told Council the Trentins did the historic renovation to the north of this property. Ms. Reid said she would not support a project that does not meet the goals of the HPC. The applicants have worked with staff and the HPC to develop this project. The applicants have moved forward based on approvals. The call up would question a year's worth of work and would undermine the system and would penalize an applicant who has worked within the system. Ms. Reid said it is not fair for this to come up at the last minute. Ms. Reid said before Council agrees to a call up, they should get significant evidence that something in the process was not correct. Regular Meeting Aspen City Council July 28, 2003 COuncilwoman R/chards said the implications of calling up this project when Council is not sure what they are going to do or why should not be touched. Councilwoman Richards noted the opportunity to call up the decision about the Paepcke house was something the community felt strongly about. Councilwoman Richards said she has received no complaints about the project~ Mayor Klanderud said this is not demolition or renovation of a historic structure and she would not support call u_p at this time. Mayor Klanderud said HPC is diligent in applying the guidelines to every case that comes before them. ORDINANCE #38, SERIES OF 2003 -AsPen Valley Hospital Zoning Councilman Semrau moved to read Ordinance #38, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 38 (SERIES OF 2003) AN ORDINANCE OF TIlE CITY OF ASPEN CITY COUNCIL APPROVING TIlE PROPOSED AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP ZONING THE ASPEN VALLEY HOSPITAL DISTRICT (SEE ATTACHED EXItIBIT 1 FOR FULL LEGAL DESCRIPTION) FROM THE PITKIN COUNTY PUBLIC ZONE COMPLEX TO THE CITY OF ASPEN PUB (PUBLIC) ZONE DISTRICT AND R/MF (RESIDENTIAL MULTI-FAMILY), CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Richards moved to adopt on first reading; seconded by Councilman Semrau. Roll call vote: Councilmembers Torre, yes; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Scott Woodford, community development department, submitted a letter to the record from Jerry Moncarsh. Mayor Klanderud submitted a letter to the record from the North of Nell. Woodford stated the conditions in this resolution incorporate P&Z's findings of approval, staff's recommendation, neighbors concerns, and Council's conditions from the last meeting. Woodford listed conditions brought up at the last public hearing; sharing 7 Regular Meeting Aspen City, Council ' July 28, 2003 parking with the Little Nell, encouraging the restaurant and bar to provide apr6s ski activities, the retail uses along Dean avenue not be converted to offices, the applicant shall submit a plan for the use top deck including ~les to protect their neighbors. There is a condition to address the applicant's formula for affordable housing; 59% within the city boundaries and 41% outside the city. Sunny Vann, representing the applicant, told Council they have reviewed the conditions with staff. The construction management plan is referenced in two conditions. Vann requested this be deleted in condition #9. Vann said he has re-examined the parking calculations in the code and has been told by staff he may not have figured the requirement correctly. Vann requested the condition be that the applicant continues to clarify the parking requirements as part of their final submission. At final, if it is determined shared parking is needed, Council can apply a condition then. Councilwoman Richards agreed changing the condition to state, "the applicant shall demonstrate at final approval adequate parking or..." Councilman semrau noted the applicants have said they will keep exploring providing more affordable housing within the city. Vann said it was a representation of conceptual approval that they will continue to keep exploring that. Vann stated the applicants do not have firm solutions to housing 60% of the employees in town; there may be a different percentage or solution at final. Vann said housing 40% of their employees outside the city limits but within the urban growth boundary was their absolute limit. The applicants did commit to continue exploring housing more employees within the city limits. Brooke Peterson, applicant, told Council the only further discussions they have had is with the developers of the Little Ajax project. Vann told Council the issues listed in the North of Nell letter are all requirements to be submitted with their final application. Vann said the applicants will come back with a specific proposal for uses on the deck; they will discuss this proposal with Jerry Moncarsh and with the North of Nell. Councilwoman Richards noted condition #I 1 requires all shipping and receiving to occur on Galena street. Councilwoman Richards stated she is concerned about the volume on Galena, and would like to take a further look at final review. Condition #13 is the affordable housing mitigation plan with thc various forms this mitigation will take. Councilwoman Richards said Regular Meeting Aspen City Council July 28~ 2003 she would like to strike "conversion of lodge rooms" as affordable housing mitigation as conversion of lodge rooms has been a problem in Aspen. Vann said that has never been part of their solution and he agreed it should be deleted. Councilwoman Richards said she is willing to accept payment-in-lieu in order to facilitate some of the city's larger housing projects. Councilwoman Richards suggested the applicant look at buying some Burlingame Parcel D umts for their mitigation. Councilwoman Richards questioned the value of the 8 employee units on site and asked if 8 lodge rooms might be a better use of that space. Vann said solving the affordable housing issues is a challenging task and they will take these suggestions into consideration. Mayor Klanderud said city's housing projects, like Burlingame parcel D, are to make up for the deficit in housing and using this housing for mitigation ~s not going towards the solution. The applicants have assumed the responsibility for providing housing for their project. Councilman Semrau said it would be a disservice to sell Burlingame Parcel D to a private developer. Councilman Semrau said he will only consider cash-in-lieu for the units that may be located outside the city limits. Councilman Semrau stated it is much more difficult to get units than to get money. Woodford said the 8 units on site are replacement units and one is not allowed to give payment-in-lieu for housing replacement units. Councilman Semrau agreed those 8 units should stay on site. Councilman Torre said his concerns are the rooftop decks, the location, and he would like them moved slope side. Councilman Torre suggested the lodge units could be smaller than 4,000 square feet, which would allow more lodge beds on property. Councilman Torre said he does not want the food and beverage area used aprbs ski only but should be year round. Councilman Torre said he is not opposed to cash in lieu and he would like to see as many units in the city limits as possible. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau moved to approve Resolution #33, Series of 2003, with the amendments as presented by staffand changes that the applicant at final approval shall demonstrate adequate parking or formulate a plan with the owners of the Little Nell hotel, change apr6s ski activities to year round Regular Meeting Aspen Ci~ Council July 28, 2003 activities, and delete reference to conversion of lodge units, and construction management plan in #9; seconded by Councilwoman Richards. Roll call vote: Richards, yes; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried, ORDINANCE #5, SERIES OF 2003 - Code Amendment Infill Councilman Semrau moved to continue Ordinance #5, Series of 2003, to August 25;seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #29, SERIES OF 2003 - Dancing Bear PUD James Lindt, community development department, reminded Council at the last public hearing, they stated the proposed project was too large and too tall. The applicant will present a revised design. David Brown. representing the applicant, showed Council the current design and told them they have taken off one floor. The first two stories are of stone, stepping back onto a shingled darker floor and above that is a greenhouse, gazebo and roof. The setback is 5 feet rather than 2 feet. Brown told Council the comer facing Monarch and Durant is 31 feet to the 3rd floor and 20'6" at the 2na floor. At the alley for the main part of the building is 38 feet. The gazebo adds another 8 to 10 feet, which makes the building 44 feet at the midpoint of the glass shed. The top of the highest elevator shaft is 46 feet. The building elevations at the street are 34 to 31 to 34 feet. Brown showed the first project as reviewed by P&Z, the recommendation from P&Z and the current iteration. The building is greatly reduced. The project is now 9 three-bedroom suites with lock offs for 18 keys. The building as is has 23 bedrooms; this will be an increase of 3 free market bedrooms. The lower levels have not changed since the last presentation. The 2 two-bedroom employee units are the same as before and are now twice the required mitigation. All the suites range from 1700 to 2200 square feet, averaging 2,000 square feet. The bar and restaurant is smaller than before. The second floor contains 4 suites and 4 lock offs. The 3rd floor has been stepped back so each unit has its own outdoor deck. The roof has solar collectors, gardens, hot tubs and gazebo. The height of the gazebo varies 10 Regular Meeting Aspen Cit,y Council July 28, 2003 from 43 to 45 at the highest Point. Brown showed elevations from different points around the project. Mitch Haas, representing the applicant, noted the gazebo will be set back 17 feet from the Durant avenue faqade and 13 feet from Monarch street. Haas said the building is within the 38-foot height requested by Council except for the gazebo, which is transparent and sits in the middle of the building. Haas said this feature is necessary to set this project apart from other time-share projects. Haas said the gazebo does not add to the perceived height of the building. Haas said the height measure is not as important as the qualitative measurements. The gazebo placed at the comer of Monarch and Durant would fit within the height limits but it would not be a good design. Haas reminded Council the recently approved Hyatt is 46 feet with a ground elevation higher than this site. The Mountain Chalet was approved with a 52-foot height limit. Haas stated the applicants will make all efforts to achieve LEEDS certification and the gazebo will provide a perfect place for photovoltaic cells and capture of energy. The glass stairwell on Monarch is another location for passive solar gain for reuse. This comer needs revitalization. The project plans to add to the streetscape with the restaurant. The applicant plans to provide a hybrid vehicle for use by residents as well as bicycles. The applicant is providing 115% housing for employees when only 60% is required. Haas said they feel this will be a fiscal benefit to the city. This is a self-sufficient development for parking, affordable housing, economic sustainability and providing amenities on site. Lindt told Council staff feels this proposal meets community goals in bringing vitality to this location. The use is appropriate; this site has been tourist accommodations. The applicant has met their housing requirements. Lindt said this building is lower than other PUDs in the surrounding area. At the last meeting, Council indicated 38 feet would be appropriate on this site. Staff does not recommend asking for removal of the gazebo as it is set back far enough that it would not be a dominant feature of the building. The gazebo will be constructed out of translucent materials. Council brought up the restaurant space at the last meeting and whether it will remain that use in the future. There is a condition in the ordinance to require a PUD amendment if the owners want to convert this space from a restaurant. Lindt reminded Council at the previous meeting they indicated one parking space/affordable unit was too few. The amended ordinance 11 Regular Meeting Aspen CiW. Council July 28, 2003 requires two parking spaces per two-bedroom umt. The applicant has requested leasing parking spaces in the public right-of-way for loading. Staff does not feel a 9-unit lodge would require loading spaces. The city engineer is opposed to leasing spaces in the public right-of-way. Paul Menter, finance director, pointed out not all tax information is available because the Aspen Manor has not been operating for the past 5 years. Menter said the applicant's fiscal analysis meets the code requirements. Menter told Council the condition on whether a fee is owed levers on the historical occupancy rate of the hotel. The original occupancy rate was estimated at 61%; the revised application is 51% as attested by the previous owner. The difference is whether a fee is owed or not. Menter concluded no fee is owed. Brown agreed there appears to be no fiscal impact to the applicant and this should be a cash generator for the community. City Manager Steve Barwick suggested for the future, Council consider a nmnimum occupancy rate for fiscal analysis amendment to this code section. Mayor Klandemd opened the public heating. Susan O'Neal asked about the row of evergreens on Durant. Haas said the one on the comer and one other will be preserved; the parks department has asked the other trees to be removed and replaced with more appropriate street streets. Kathy Petner, 210 East Cooper, commended the applicants for their design, for stepping the building back, for the green development, for the extra affordable housing. Ms. Petner said she is concerned' about the 46- ½ feet and the precedent this will set for future developments in this area. Ms. Petner asked if the gazebo will be used at night and will be lit. Brown said it will be glass and there will be window coverings in order to make this a green project. It will be lit and will be used at night. The gazebo will be used as an exercise room, mechanical equipment and lounge. Dale Paas, Limelight Lodge, said he is very concerned about keeping the scale of the neighborhood. Paas pointed out every time this project has come back for city review, it has been a better project. Toni Kronberg said she is concerned about the height. Visitors like the view of the mountain. People do not want taller buildings. Ms. Kronberg said this is a special site as it allows views of Shadow Mountain from the malls and from Wagner Park. 12 Regular Meeting Aspen City Council , , July 28~ 20,03 Mayor Klanderud entered into the record letters from Carol Saunders-White, Jim Scull, and one from Andrea Clark all concerned with the height of the project as well as light from the gazebo at night. Haas said condition #21 requires a PM10 mitigation plan to be reviewed by environmental health. Haas stated the measures they have already committed to the in the application are more than adequate and should be accepted as the PMI0 mitigation plan. These measures are a fleet of bicycles, hydroelectric Vehicles, airport shuttle, employee bus passes, and marketing the location. These are all representations of the application. Lindt told Council environmental health staff feels the applicant has gone above and beyond PM10 mitigation. Lindt suggested the condition be amended that the applicant meets the representations of their application. Mayor Klanderud requested these representations be listed in the condition. The applicant agreed. Haas brought up condition #31, the 4 parking spaces for affordable housing, and requested only 2 spaces be required. Haas said the applicants feel they are being penalized for providing more housing than necessary. Haas noted the memorandum states that cash-in-lieu of school dedication is not attributable to the time-share units but is for the affordable housing units. Herb Klein, representing the applicant, said they do not have a problem with the city finance department conducting an annual audit, but does have a problem that if the city finds there is a shortfall, that they be obligated to pay some impact fee as determined by Council. Klein stated there is no provision in the code for this requirement. There are no standards for this requirement and this should have some study and legislation. Menter said what staff is most interested in is collectiOn information. Barwick suggested adding language that this condition would only apply if the city adopts code amendment within the next year. Mayor Klanderud stated she does not have a problem deleting Conditions #40. Councilmembers agreed. Klein requeSted a change in'condition #41 about a "substantial" change to the restaurant; let the community development department decide whether this is a major or minor PUD amendment. Council agreed. Mayor Klanderud said when Council has required fewer on site parking spaces because employees will not use their cars has not worked. Councilwoman Richards agreed. Councilman Semrau said in this 13 Regular Meeting . Aspen City,Council July 28, 2003 neighborhood, it would be a great service to have z[ parking spaces. Council agreed to require the applicant provide 4 parking spaces for the affordable housing. Councilwoman Richards said the city should not lease any spaces in the right-of-way on Monarch to this project. Councilwoman Richards pointed out this project is only providing 9% open space. Councilwoman Richards said she is concerned about reflections off the gazebo. Councilwoman Richards said she cannot accept the 4th floor. Where the gazebo is placed does not meet what the Council intended when they said 38 feet at the highest. Councilwoman Richards said she does like the changes in massing and in material. Councilwoman Richards stated she sees a separation between the north and south side of Durant and this structure would be setting a precedent for the south side. Councilman Torte said he is concerned that the on-site amenities will keep the guests on site rather than getting out into the community. Councilman Torre said the gazebo raises the heights beyond what Council envisioned. Councilman Torre said the project could have a hot tub and rooftop garden without the gazebo structure. Councilman Torte said he feels the .applicants have worked hard on this iteration. Councilman Semrau agreed this is an improvement and an interesting design. Councilman Semrau agreed about not leasing parking in the public right-of-way. Councilman Semrau does not support a 4th floor but does support an architectural element that makes this an extraordinary building. Eliminating the gazebo would make it a more boring building. Mayor Klandemd said she, too, is concerned about the gazebo and whether it is appropriate in this location. The light and reflection are major concerns. · Mayor Klandemd questioned the excavation of 3 floors below grade. Mayor Klandemd asked if this would be in the proposed Shadow Mountain view plane. Lindt said this would probably be located within the view plane; however, it has not been drafted. Mayor Klandemd said she would rather see the hybrid vehicles eliminated. Brown said the gazebo is located away from the northwest comer because of concerns of the neighbor. The building is 38 feet at this comer and is 31 feet on the street side. Brown said the applicants feel the gazebo will make this space very special and could be used by the community for special events 14 Regular Meeting Aspen Ci.ty Council , July 28, 2003 and fund raisers. Brown said the sunlight reflection will be brief. The gazebo could be wrapped in fabric to cut down on this reflection or use non- reflective glass. Councilman Semrau suggested the size of the gazebo be reduced to 1500 square feet square feet. Councilwoman Richards stated the underlying height allowed in this zone district is 28 feet and going up to 38 feet is a significant variation. Going up another 8 feet is too much; the gazebo makes it appear as a 4th floor. Councilwoman Richards said she would not disapprove of uses on the roof but without the structure. Mayor Klanderud said this is a creative design with a good way to hide the mechanical eqmpment; however, she is concerned about the height. Councilman Semrau moved to continue Ordinance #29, Series of 2003, to August 11; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #32, SERIES OF 2003 South Aspen Street PUD ORDINANCE #33, SERIES OF 2003 - South Aspen Alley Vacation Councilman Semrau recused himself based on owning land within 300 feet of this application. James Lindt, community development department, told Council this final PUD review is for an application from Aspen Land Fund II to construct.14 free market and 17 affordable housing units on 3 parcels of land near the intersection of South Aspen and Juan streets. Sunny Vann, representing Aspen Land Fund II, reminded Council Savanah Limited Partnership received the original conceptual approval for this piece of property in 2001. Vann said he submitted a final application in 2002. The property has been for sale and the applicants asked staff to hold the final review until final disposition of the property. Vann told Council Aspen Land Fund II acquired this property December 2002, notified the community development department and asked them to complete the final application. Vann told Council this application is identical to the conceptual application except for minor changes made in response to neighborhood concerns. Councilwoman Richards asked about the reference to the applicants wanting to build a hotel. Vann said Aspen Land Fund II purchased the property to build tourist accommodations at the base of the mountain. The applicants 15 Regular Meeting Aspen City Council July 28, 2003 need to complete this approval process in order to satisfy the lenders. Varm told Council there is no other application pending on this parcel. The applicants would like to explore doing a more intensive tourist project at this site. Mayor Klanderud opened the public hearing. Milton Zale, representing Lift One condominium, said they appreciate that the developers have lowered the height of the building from 28 to 25 feet. Zale asked how far off Aspen street to the west will the building be set back. Zale asked how far south of the property line will the construction be. Zale said there is an issue where the garbage will be located and how it will be collected. Vann said the changes made were made at the request of Lift One and the most significant was the reduction in height below that allowed in the zone district. The apPlicants also agreed to move the trash area from the west side of the parking lot to the east side near the street. Vaun pointed out the closest dimension from the property to the garage is 34 feet. Lift One also asked for extensive landscaping, which has been added to the plan. Zale said the critical dimension is to move the building to the west, which would open up views for Lift One owners. Vann said the applicants negotiated with the homeowners association, extensive site lines were done, and roof lines were changed. Vann noted it was never mentioned that the building should be moved to the west. Vann said they have no room to move the building to the west. Vann pointed out this area requires a 5-yard setback; this proposal has 8 feet. The request is to add another 15 feet to that setback, which would eliminate one of their units. Vann told Council this project is within all setback requirements, is within allowable FAR, within allowable density, and has more than the required open space and meets the parking requirements. The applicants asked for no variations in dimensional requirements. Larry Saliterman, building at 603 S. Garmisch, commended the developers and the city for listening to the neighbors and for coming up with a good plan. Zale said although he recognizes what the applicants have done to change the plan, if they do not move the buildings, this will create problems for the owners. Vann reminded Council the negotiations with adjacent property owners were done at conceptual review. The applicants revised 16 Regular Meeting Aspen Ci,ty Council July 28, 2003 their drawings and it was a condition of approval to make these changes in response to Lift One's issues. Brooke Peterson, Aspen Land Fund, said when this went to P&Z, no one from Lift One raised these issues. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #32, Series of 2003, on second reading; seconded by Councilman Torre, Roll call vote: Councilmembers Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Sunny Vann, representing the Aspen Land Fund II, pointed out 3 parcels part of the Eames addition to the townsite. Vann said when this area was platted, Juan street, Dean Avenue, and an alley from South Aspen were all platted. The alley has never been developed. It has never been used as a public street. Lift One condominiums are sitting in a portion of the street. There was an alley vacated that is now part ofpardel I. Vann said the applicant plans to use the platted undeveloped alley as a common driveway to serve the parking garages under the affordable units and to the free market units. Vann told Council they feel it is better for the city vacate this alley so that the applicants can maintain it. The alley cannot be used for FAR, for open space or for density. Vann said vacating the alley makes the maintenance and ownership simpler. The alley serves only two parcels and dead ends at the Barbee subdivision. There is no access to Mary Barbee's house through this alley. The city staff has no objection to the vacation. This alley does not contmn any utilities. The plat reserves an easement for emergency vehicle access and for utilities for this project. James Lindt, community development department, told Council staff sees no issues as long as the city receives the easements as proposed in conditions #1 of this ordinance. Mayor Klanderud opened the public heating. Mary Barbee asked how this alley vacation will be affected if the applicants propose a different project; how will emergency access to the hillside happen. Vann said any other plan would have to be reviewed on its merits, would have to meet the requirements for emergency access and be approved by the fire department. Vann said this is not a general public easement for public access but emergency access is being reserved. Ms. Barbee asked the 17 Regular Meeting Aspen City Council July 28, 2003 advantage of closing the alley. Vann pointed out the alley is not open now; the reason for the vacation request is to clarify who owns the property. If vacated, the applicants will put in utilities, will pave it, and will maintain it. Emergency vehicles can use this. Phil Overeynder, water department, asked what will be available for public utilities, if necessary. Vann noted there are currently no public utilities and no one has indicated there is a reason to put utilities through the conservation easement going anywhere. Vann said if there is a reason to put public utilities there, he would be willing to discuss this with staff. Overeynder said the reason to reserve a space for public utilities is for changes in the future. Mayor Klanderud closed the public heating. Councilwoman Richards moved to adopt Ordinance #33, Series of 2003, on second reading; seconded by Councilman Torre. Roll call vote: Councilmembers Torre, yes; Richards, yes; Mayor Klandemd, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #36, SERIES OF 2003 - Burlingame Parcel D (Lot 3) Final PUD Joyce Allgaier, community development department, reminded Council COWOP reviewed this project. There was a recommendation from the COWOP task force, which was accepted by Council. There was a competition and a developer was selected. The applicant is now seeking land use approval from Council. The application is for 40 units in a 100% affordable housing project, deed restricted to categories 2 and 3,400 square foot one-bedroom units. Ms. Allgaier told Council staff recommended the PUD process to set the dimensional standards. The property has to be rezoned from RR (rural residential) to RMF/PUD. There is a special review to establish the parking ratio for affordable housing projects. Ms. Allgaier noted for PM10 mingation, the environmental health staff proposed a package of PM I 0 mitigations including designating a parking space for c~ sharing to 18 Regular Meeting Aspen City Council July 28, 2003 purchasing a car for sharing for this development, bicycle racks, installation of a trail. Council should give direction on the level of PM10 mitigation measures they would like to see. Ms. Allgaier said another issue is the green building program. Council asked the potential developers to strive for 130 green points in their proposal and this ordinance asks that the developers meet that. Another issue is height. The allowed height in the RMF zone is 25 feet; the maximum height in this project is 40 feet. Ms. Allgaier told Council staffis not taking issue with this because there are major site constraints. Ms. Allgaier said staff feels this proposal does a good job implementing the recommendations of the COWOP task force. Vince Hooper, ASW Realty Parmers, told Council this model is the same as seen by them during the selection process and the conceptual design approval process. Doug Graybeal, architect, showed that on one building the floor will have to be dropped in order to keep the roof elevations the same as well as the massing. Graybeal said in each stair tower, a handicap lift has been added; a second stairway to each building has also been added. A chimney element has been added to each building to accommodate a boiler flue. Graybeal showed the highest part of each building and from where the height was measured. Graybeal told Council this site is very steep. Graybeal reminded Council they planned on 9-foot ceilings in the units, which adds 1 foot to each floor. Graybeal told Council two story poles were placed on the two high points of the property. Graybeal showed photos of these story poles, illustrating this project blends into the hillside. Graybeal showed where the building was lowered into the grade, which created additional 340 square feet of livable space scattered throughout the building. Graybeal reminded Council in their project submittal, they committed to 103 green points with a potential of achieving 177 green points. The cost for the extra green points is $306,000. Cn'aybeal told Council they have 123 points with no extra cost. To get to 130 green points, there is additional cost of $38,300. Richard Shaw, Design Workshop, told Council the site plan has remained the same since conceptual except for the addition of an evergreen screen between the project and the industrial side of the Airport Business Center. Shaw said there will be native vegetation between the buildings. Shaw said 19 Regular Meeting Aspen City Council , July 28, 2003 there are 70 parking spaces, 40 underneath the buildings and 30 surface parking spaces. Hooper noted the staff memorandum requires this project achieve 130 green points. The project can attain 123 green points at no extra cost; in order to achieve 130 points, this will add some costs to the project. Hooper said they would like the flexibility to achieve between 123 and 130 points. Hooper said to meet the environmental health department requirements, they could eliminate the surface parking. Hooper told Council they do not recommend that solution and would like to keep the parking as proposed. Hooper said the requests for the homeowners to join TOP or to purchase a car for the vehicle-sharing program are Council decisions. Hooper noted this project has been on a tight schedule and to stay on schedule need Council's approval at this meeting. Mayor Klanderud opened the public hearing. Lennie Oates, representing John McBride, t°ld Council pursuant to the covenants, the Airport Business Center has a right of approval on the interface between this project and the ABC. The ABC received the plans July 15th and was not aware until then that a portion of this project was on ABC property. The heights exceed what is allowed in the ABC. Oates said McBride could disapprove improvements based on the interrelationship between this and the rest of the ABC. Ms. Allgaier pointed out the portion of the project'purchased from Qwest, which is building A and would be under review of the ABC. The driveway, also, falls under ABC review. Mayor Klanderud said She understood there was no infringement on ABC property except for access. HooPer said they chose to include this parcel for site coverage as the most appropriate location for the buildings to give a sense of connection to the ABC, not to isolate it. HoOper noted the design guidelines did not mention not using this parcel and did talk about preventing impacts on BMC West. HOoper stated the location of the buildings has not changed since conceptual review and presentations to public. John Worcester, city attorney, noted McBride has raised 5 issues. Worcester asked if Council agrees to these 5 issues, there will be no problem getting approval on the building Within the ABC purview. John McBride told Council until two weeks ago he thought he only had revie~¢ over the access 20 RegUlar Meeting Aspen City Council July 28, 2003 road. McBride told Council there is not one building in the ABC or North Forty over 30 feet. The covenants call for buildings on the periphery to be 14 to 20 feet. McBride told Council the ABC does have a review board and he would like time to review this design. Mayor Klanderud said the bUilding lOcation may have not been known until two weeks ago; however, the traffic and street impacts have always been known. Mayor Klanderud noted there was a representative from the ABC on the Burlingame COWOP. McBride said his representative was only to comment on the architecture. Worcester noted the ABC covenants state that the declarant will not withhold his consent unreasonably, and some of these conditions are unreasonable. McBride said he feels it would be a benefit to the entire community if prioritization were given to employers or employees of the ABC. This would help with traffic. Councilwoman Richards questioned using general public sales tax to prioritize one needs. Mayor Klanderud agreed this would be a major policy change in.the housing program. Mayor Klanderud agreed this is an ideal location for housing for ABC employees; however, this is a community project. · McBride told Council one of his long time concerns is the condition of Ventnor, which was not built to county standards. The south entrance has been reduced to ¼ of what it used to be, and the county eliminated the proposed new entrance to North Forty, both of which compound the traffic problems. McBride said he is opposed to a road being built on the back side; he does favor a trail. Worcester said the city has been discussing a trail through this area, which would also allow golf carts on this trail. McBride said a golf cart would take up parking. Mayor Klanderud stated this project places no pressure to develop a r6ad behind Deer Hill. Mayor Klanderud said she does not support a road behind Deer Hill; however, this condition would be better placed on any approval of Burlingame Village. McBride agreed. McBride told Council 30 owners have contributed their share to improvements at the ABC, roads, landscaping, buried utilities, sidewalks, bike paths. This project is not contributing anything to the ABC; McBride suggested when the city in undergrounding their utilities through Ventnor 21 Regular Meeting Aspen City Council July 28i 2003 Avenue, that the existing overhead line be buried. Mayor Klan&md said this is a Holy Cross line. Throughout the city when neighborhoods want their Holy Cross lines buffed, the city's position has been to help with preliminary engineering only. Mayor Klandemd said this is an unreasonable exaction. Mayor Klanderud said the city is bringing the development of trails to connect from town to the ABC, and adding access into this property from ABC. McBride said he views this project as parasitic on the ABC; if this project has to be part of the ABC, he would like to have the city contribute in some way. Mayor Klanderud said the city agrees to take care of the outstanding water issue. McBride said that is a separate issue. McBride said there are things the city can do to make this project more compatible with the ABC. Mayor Klanderud noted one of the reasons Council asked for 70 parking spaces was tO keep residents from parking at the ABC. Mayor Klanderud said the traffic count estimates may be too high for one-bedroom units. Councilman Semrau asked if one building were not On the ABC land, what is the purview over road access according to the covenants. Worcester said the ABC does have control but it is limited. Troy Raybum, asset management, told Council before the task force was convened, he went out and visited every business and asked their opinions on the parking. Everyone asked that this project have enough parking so people do not spill onto the ABC. Councilrnan Semrau said it would be possible to move this building off the ABC parcel or to go ahead with 33 units and see what can be done. Worcester noted if these units are moved, the ABC still has authority to approve the City's access road. Councilman Semrau suggested scheduling' a Work session to go over some redesign options. Oates said the city has paid the county a road impact fee of $105,000 and asked if this money can be designated for the ABC to repair the roads after construction. Ed Sadler, assistant city manager, told Council there is no commitment from the county that this money will be spent on these particular roads. Mayor Klanderud said CounCil should discuss this issue with the County Commissioners. Councilman Semrau moved to continue Ordinance #36, Series of 2003, to August 4; seconded by Councilwoman Richards. All in favor, motion carried. 22 Regular Meeting Aspen Ci.ty Council July 28, 2003 Councilman Semrau moved to suspend the rules and conunue the meeting to 11:30 p.m; seconded 15y Councilwoman Richards. All in favor, motion carried. RESOLUTION #65, SERIES OF 2003 - Visitor Center COWOP Eligibility Chris Bendon, community development department, reminded Council this idea came out of the ciwc center master plan where one of the concerns was how to deal with visitors and visitor functions. Bendon said the parcel on the northwest comer of Main and Galena may be a good site for this function. The property owner is interested in working w/th the city. Bendon said the issues before Council are whether this property is eligible for the COWOP process; how to treat the review fees; task force team members including a Council representative and at least 2 citizens-at-large. BendOn said review fees are applied to any private development going through the process. Estimated costs for this are $4,000 to $6,000. Council waived the fees for the Obermeyer project, which was a much larger project. Bendon told Council staff advertised in the newspaper for interested citizens and received 8 applications. Councilwoman Richards asked who will pay for the new visitors center. Bendon said that will be an issue during the COWOP process. Bendon said preliminary discussions look like this could handle ACRA offices, Visitors Center, two levels of housing including some affordable housing. The space in the parking garage would be available at Council's discretion. Mayor Klandemd suggested deterrmning if this is eligible for COWOP process at this meeting and choosing the COWOP members at their continued meeting August 4t~. Mayor Klanderud opened the public hearing Toni Kronberg told Council she is an advocate of the COWOP process and this property would benefit from the COWOP process. Ms. Kronberg said she is an advocate of COWOP because it involves the public at an early stage. Mayor Klandemd closed the public hearing. Mayor Klanderud suggested waiting until all Council is present to appoint a Council representative. 23 Regular MeetinR Aspen City Council July 28~ 2003 Councilman Semrau moved to approve Resolution #65, Series of 2003, determining this parcel eligible for COWOP process; seconded by Councilwoman Richards. Councilwoman Richards said she does not feel this is an ideal site for the visitors center, there ~s no parking, access is limited. All in favor, motion carried. Councilman Semrau moved to go into execu[ive session at 11:15 p.m. pursuant to C.R.S. 24-6-402(4)(a) to confer with counsel; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Semrau moved to come out of executive session at 11:40 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at l 1:40 p.m.; seconded by Councilman Torre. All in favor, motion carried. Kathryn Koch City Clerk 24