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HomeMy WebLinkAboutminutes.council.19930426Regular Meeting Aspen City Council April 26, 1993 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Peters, Pendleton, Reno and Richards present. PROCLAMATION - Child Protection Awareness Week Mayor Bennett and Council proclaimed the week of April 25 through May 1 as Child Protection Awareness week and encouraged the support of all local merchants and citizens. Pat invited everyone to Parents Night Out, Tuesday, April 27 at the school complex. This will be workshops, dinner and free babysitting. PROCLAMATION - Arbor Day Mayor Bennett and Council proclaimed May 12, 1993 as Arbor Day and urged all citizens to support efforts to care for trees and woodlands and to support the city's community forestry program. The proclamation was presented to Rebecca Baker of the parks department. Ms. Baker invited Council to the tree planting May 12th in Wagner Park at 11 a.m. PROCLAMATION - Ute Park Mayor Bennett and Council proclaimed the week of April 19 as Ute Appreciation Week and dedicated Ute Park to the Peoples of the three Ute Nations. CITIZEN COMMENTS 1. Lance Luckett encouraged Council to pursue getting a separated bicycle lane for the Maroon Creek Bridge. Councilwoman Richards said this is one of 3 projects that the Town of Snowmass Village, Pitkin County and the city have agreed as a priority for funding from the Colorado Department of Transportation this year. COUNCILMEMBER COMMENTS 1. Councilman Peters said Council has assigned the MCDC contract for the Zoline property to the Pearce Equities Group for the Pfister Ranch golf course development. Councilman Peters said there are concerns about the development of this golf course. Councilman Peters said the city was obliged to sign the assignment as the lessees had performed under this lease. Councilman Peters pointed out the owners have defaulted under the water service agreement and the city will have to sign a new one. Councilman Peters said in the last 3 years the city has developed a water policy that applies to water service extensions. This policy articulates the intent that any water service extension meet the goals of the Aspen Community Plan, not stimulate growth, and protect the environment. 1 Regular Meeting Aspen City Council April 26, 1993 Councilman Peters suggested P & Z review the Pfister Ranch development from the city's perspective and advise Council on whether a water service extension is appropriate and under what conditions. Councilman Peters said the city has a major role to play in the build out of the Pfister Ranch. The city should set up a process for public input. Amy Margerum, city manager, said in the past water extensions have been done on an ad hoc basis and have come to Council with little information. This sparked staff developing a water policy. Now when someone requests a water service agreement it comes under the water policy and the request is referred to the planning office. One criteria is that extensions have to be consistent with the long range plans. Councilwoman Richards said she feels referring this to P & Z is appropriate as this is located in the transportation corridor and the land may play a role in transportation. Ms. Margerum suggested this be reviewed by P & Z on how it meets the criteria in the water policy. Ms. Margerum said it would not be appropriate to make changes to the county's development approval process. Councilman Reno asked if the county approvals are predicated on the developers obtaining the city's water or just an adequate water system. Ms. Margerum said it is either/or; however, there has been no work done on the developers putting in their own water system. Councilman Peters moved to refer the MCDC water service proposal to the planning commission without specific direction for how they review it other than for compliance with the city's water policy, to take public comment, and to make recommendations to the Council; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Reno. Motion carried. 2. Councilwoman Pendleton moved to table Ordinance #17, Series of 1993, Optional Premises Liquor License to May 10 in order to allow the Aspen Partnership to comment on it; seconded by Councilwoman Richards. Councilman Peters said he would rather have the Aspen Partnership comment during the pubic hearing. All in favor with the exception of Councilman Peters. Motion carried. 3. Councilman Reno said last week he met with the City Manager and City Clerk's staff. Staff reported that the Board of Adjust- ment has had several vacancies for several months. Councilman Reno requested Council put the word out for applications. 4. Amy Margerum, city manager, requested Council add to the consent calendar permission to allow the Aspen Theatre in the Park to apply for a temporary use permit for this summer. 2 Regular Meeting Aspen City Council April 26, 1993 Councilwoman Pendleton moved to add this item to the consent calendar; seconded by Councilman Peters. All in favor, motion carried. 5. Amy Margerum, city manager, noted that in Resolution #23, Renaming "Ute People's Park" should be "Ute Park". 6. Amy Margerum, city manager, told Council Mocklin is requesting his rezoning request be continued to June 14th. This will be handled under old business. Councilwoman Pendleton moved to continue Ordinance #72, Series of 1992, to June 14; seconded by Councilwoman Richards. All in favor, motion carried. 7. Amy Margerum, city manager, tol d Council Request for Funds, Aspen Peace and Justice Center should be deleted from the agenda. Councilwoman Richards moved to delete VIII(h) from the agenda; seconded by Councilwoman Pendleton. All in favor, motion carried. 8. Amy Margerum, city manager , told Council staff has requests for proposals out to architects for the Red Brick school. The dead line is April 24 with a meeting set up to review these May 4th. Ms. Margerum said she would like some representatives from Council. Councilmembers Reno and Peters said they would review the propos- als. 9. Tim Anderson, recreation director, told Council the city was awarded grant money from ASAP to help with extensions of day care during Christmas, spring break. This will start next fall. Anderson said the city has received $3400 from the County Commis- sioners to help with handicap accessibility at the pool. CONSENT CALENDAR Councilman Peters moved to approve the consent calendar as amended; seconded by Councilman Reno. The consent calendar is: A . Minutes - March 22, April 5, 1993 B . Resolution #26, 1993 - Engineering Contract Underground- ing District Schmueser Gordon Meyer C . Res olution #27, 1993 - Iselin Park Concession Contract D . Resolution #28, 1993 - Smuggler Sidewalk Construc tion Contract E . Resolution #29, 1993 - Housing Bonds Paying Agent F . Resolution #30, 1993 - Wheeler Janitorial Contract G . Resolution #31, 1993 - Aspen Branch Assignment of Lease H . Resolution #23, 1993 - Renaming Ute Park I . Resolution #24, 19 93 - Rio Grande Right-of-Way 3 Regular Meeting Aspen City Council April 26, 1993 J . Consent to Submit Land Use Review Application - Theatre in the Park All in favor, motion carried. ORDINANCE #10, SERIES OF 1993 - Rio Grande Subdivision Leslie Lamont, planning office, told Council the city needs to exchange land with the county and the land use code does not allow lease, sale or exchange of land prior to subdivision. In the past the boundary descriptions have been inaccurate. A new survey is being done. The city can begin to follow up on intergovernmental agreements with the county for the library, youth center, land behind the jail, and to enter into discussions with the property owners of the Bass and Obermeyer buildings. This subdivision creates 9 lots. No future development is contemplated. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #10, Series of 1993, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Peters, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #18, SERIES OF 1993 - East Cooper Affordable Housing Kim Johnson, planning office, told Council this is the final step of PUD, rezoning, subdivision, condominiumization, growth manage- ment exemption and vested rights. Ms. Johnson reminded Council a concern at first reading was resident occupancy. Staff met with the applicant who has agreed to accept any change to resident occupancy requirements between the time of adoption of this ordinance and sales of the units. The applicant went to P & Z for special review of the floor area ratio on the town home lot when they discovered their floor area ratios are not what was originally presented. The units have been expanded and reconfigured. The configurations of the buildings has not changed. Staff and P & Z felt the FAR difference was warranted. Tom Stephens, representing the applicant, told Council throughout the entire project they have tried to involve staff, neighbors, and potential buyers in coming up with the plan. Stephens said they tried to make the lots affordable to locals and to design the project without asking for variances. Stephens said as a result of neighborhood participation, the project has been changed. Stephens presented drawings which showed progression of changes. All access is off highway 82 with decreased density and open space buffers and trails systems. Stephens said trying to keep these units afford- able has been driving the density issues. 4 Regular Meeting Aspen City Council April 26, 1993 Stephens said at conceptual, Council approved 16 deed restricted units and 7 free market lots. The lots averaged 9267 square feet. Council indicated they wanted less impact on the site and less density. The proposal now is for 13 deed restricted town homes, 1 deed restricted lot and 6 free market lots. Stephens said by dropping the density and reconfiguring the units eliminated the units stacked along highway 82. There is a buffer between this and the Riverside subdivision. The parks department has requested a trail so people from Riverside can get down to highway 82. Stephens said this site is zoned R-15/PUD, which allows for 6.8 free market lots going through the GMQS process. The increase in density in this project is specific to the deed restricted units. The project has been designed to be compatible with the Riverside subdivision with single family detached lots next to Riverside. The lots are larger than required by the AH zone and are smaller than riverside subdivision. Michael Gassman, architect for the project, pointed out all 3 bedroom units have garages on the first floor with storage space. The stacked 2 bedroom units have the bedrooms on the lower floors. The units are larger than the requirements in the housing guide- lines. Stephens said this project fits the AH zone district and also fits the Aspen Area Comprehensive plan, which puts density in the metro area, puts it in the transportation corridor. Stephens said they have addressed the concerns of the Riverside subdivision to the best of their ability. The benefits of this project are to the community at large. Councilwoman Richards asked if the homes will be smaller as a result of the smaller lots. Stephens said a 15,000 square foot lot allows a 4500 square foot home in R-15 and in the AH zone the largest home would be about 3600 square feet. The average lot is 9700 square feet with the easements subtracted before FAR is calculated. Mayor Bennett opened the public hearing. Jim Curtis complimented the applicant for the revisions made since conceptual review. Curtis said he was concerned about the affordable housing units located right next to highway 82. Curtis said the smaller lots will make these more affordable for people who live and work in Aspen. Donna Fisher said the density was cut in the affordable housing. The purpose of this rezoning is to get affordable housing, not to cut it. Stephens said the original proposal was for 16 AH units and 7 free markets. The current proposal is 13 AH units and 6 free 5 Regular Meeting Aspen City Council April 26, 1993 market units. One of the free market lots has been reduced in size and restricted to resident occupancy. The density on the area that abuts the Riverside subdivision has been reduced by 1 unit. Lennie Oates entered into the record a letter from the Riverside homeowners. Oates pointed out the density is still 7 units whether they are called free market or deed restricted. Oates said 7 units is too dense for the area. The Riverside homeowners have not objected to the affordable housing portion on the land below. Chip Beer said he feels this project is better than having taxpayer dollars subsidize affordable housing. Pete Stone said the Riverside homeowners object to the trail location. Ms. Johnson said originally a pedestrian access was proposed through two lots; the parks department suggested this trail be moved. Stone is concerned that without signs to direct traffic people will go through private property. Stone said he would like a fence along his property line to keep pedestrian traffic out. Stephens said they feel the trail is a benefit to the Riverside subdivision to get to highway 82 rather than use by people of this subdivision. Stephens said they are willing to work with alternative alignments. Stone said he feels this trail is not going to be a buffer zone between Riverside and this project as was promised. Stone said the point of affordable housing is to provide as much housing as possible by keeping quality acceptable. Reducing the affordable housing is taking away the benefit to the community. Diane Moore, planning director, said this proposal is a good compromise. Mayor Bennett closed the public hearing. Councilman Peters said this project is how affordable housing zoning is supposed to work. Councilman Peters said compromises have been made in this revised plan. Councilman Peters said he would not favor a fence. Councilwoman Richards asked how the city will assure the AH portion of the project is built. Stephens said the partners of the development are willing to provide a letter of credit payable to the city for the development of the deed restricted units in the case of their default. Councilwoman Pendleton said she is excited about this project. Councilman Reno said he is sympathetic to keeping the costs down for affordable housing. Councilman Reno said he feels the buildings are too massive, especially located right on highway 82. Mayor Bennett said he would like to see yet a lower density but realizes there is a limit to lowering the density and a viable project. Mayor Bennett noted 6 free market units are a use by 6 Regular Meeting Aspen City Council April 26, 1993 right. Mayor Bennett said he would like the residents of the Riverside subdivi sion to recommend where the trail should be located. Stephens encouraged Council to keep the expedited process going through building permit stage for the deed restricted portion only. Amy Margerum, city manager, pointed out the city expedites and waives planning fees for any project that is 100 percent affordable housing. If a project is associated with free market development or is mitigation for commercial development, this is not done. Ms. Margerum said if this is expedited, it should only be for the affordable housing portion. Council agreed. Councilwoman Pendleton moved to adopt Ordinance #18, Series of 1993, on second reading, amending the ordinance to add "if prior to issuance of certificate of occupancy and recordation of individual deed restrictions for the resident occupied units or single family lot, the city has adopted changes to the r/o regulations, these new regulations shall be incorporated into the individual deed restrictions:; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Reno, no; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #9, SERIES OF 1993 - Code Amendment - Definition of Open Space Kim Johnson, planning office, said this can only be used in commercial restaurants and includes criteria to insure that trellises do not become enclosed private open spaces. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #9, Series of 1993, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, yes; Reno, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #19, SERIES OF 1993 - Vacation Portion of Walnut Street Chuck Roth, city engineer, reminded Council this is being done to acquire rights-of-way for the Smuggler sidewalk. There has been a change since first reading; one property owner will get a net increase of 2315 square feet. Staff recommends adoption of this ordinance. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 7 Regular Meeting Aspen City Council April 26, 1993 Councilman Peters moved to adopt Ordinance #19, Series of 1993, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #78, SERIES OF 1993 - 320 W. Main Condominiumization Kim Johnson, planning office, reminded Council staff is working on condominium regulation pursuant to state regulation. Ms. Johnson requested this be tabled until August 23. Councilwoman Richards moved to continue the second reading of Ordinance #78, Series of 1993, to August 23, 1993; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #25, 1993 - Supporting City Shop Renovation Mayor Bennett read the resolution. Council suggested this resolution be published before the election. The city can spend up to $50. Councilman Peters moved to adopt Resolution #25, Series of 1993; seconded by Councilwoman Pendleton. Councilman Reno stepped down due to a potential conflict of interest. Councilman Peters said renovating is one of the simplest, most direct things a city can do to improve their infrastructure. Councilwoman Richards agreed this is a good project and the interest rates for bonds are low. The staff has worked with streets, planning and neighborhood committees on this project. All in favor, motion carried. ORDINANCE #21, SERIES OF 1993 - Code Amendment Public Zone Permitted Uses Councilman Reno moved to read Ordinance #21, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #21 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASP EN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-5-220(B) PERMITTED USES AND (D) DIMENSIONAL REQUIREMENTS IN THE PUBLIC (PUB) ZONE DISTRICT was read by the city clerk Kim Johnson, planning office, told Council this ordinance is 8 Regular Meeting Aspen City Council April 26, 1993 proposed concurrently with Ordinance #22, 1993, regarding an arts and recreation center at the Red Brick School. This amendment addresses the permitted use list in the public zone. It deletes performing arts center and community recreation facility and creates a new use, arts cultural and recreational activities, buildings and uses. P & Z recommends approval of this proposed amendment. Mayor Bennett said public zone may be too broad a category for the Red Brick school and suggested a new zone category like pub- lic/culture which may reduce the fear of the adjacent property owners. Ms. Johnson said there are other mechanisms rather than creating another zone district, if Council feels uncomfortable with this. Alice Davis pointed out this building was bought with public money to be used for public purposes, which makes public zone an obvious choice. The bonds will control the use of the building. Councilwoman Richards moved to adopt Ordinance #21, Series of 1993, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #22, SERIES OF 1993 - Aspen Arts and Recreation Center Rezoning Councilwoman Richards moved to read Ordinance #22, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #22 (Series of 1993) AN ORDINANCE OF THE AS PEN CITY COUNCIL GRANTING REZONING FROM R-6 MEDIUM DENSITY RESIDENTIAL TO PUBLIC (PUB), GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, AND APPROVAL OF A FINAL PUB (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN FOR THE ASPEN ARTS AND RECREATIONAL CENTER (F.K.A. THE RED BRICK ELEMENTARY SCHOOL) LOCATED AT 100 E. HALLAM (LOTS A-I AND K-S, INCLUDING THE ALLEY IN BLOCK 64, AND LOTS E, F, G AND PART OF LOTS A,B, AND C, BLOCK 71) IN THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Kim Johnson, planning office, told Council all publicly-zoned parcels need to go through PUD review. This is zoned R-6 and the surrounding neighborhood is residential with the exception of the yellow brick school. Councilwoman Pendleton moved to adopt Ordinance #22, Series of 1993, on first reading; seconded by Councilman Peters. Roll call 9 Regular Meeting Aspen City Council April 26, 1993 vote; Councilmembers Pendleton, yes; Reno, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 10 Regular Meeting Aspen City Council April 26, 1993 ORDINANCE #24, SERIES OF 1993 - SPA Text Amendment Councilman Reno moved to read Ordinance #24, Series of 1993; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #24 (Seri es of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-7-804.A TO ALLOW CONSOLIDATED (TWO-STEP) REVIEWS FOR PROPERTIES DESIGNATED AS SPA (SPECIALLY PLANNED AREA) was read by the city clerk Kim Johnson, planning office, told Council this is forwarded from P & Z and staff. The amendment would allow a two-step review for SPA exactly like the PUD when the planning director determines it would serve no public benefit to have a full 4-step review process which takes 6 to 8 months. Councilman Peters moved to adopt Ordinance #24, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #25, SERIES OF 1993 - Benedict Map Amendment, Final SPA Councilwoman Pendleton moved to read Ordinance #25, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #25 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A ZONING MAP AMENDMENT DESIGNATION AS AN SPA (SPECIALLY PLANNED AREA), FINAL SPA DEVELOPMENT PLAN, AND A USE VARIATION TO THE UNDERLYING RR (RURAL RESIDENTIAL) ZONE DISTRICT PERMITTED USES TO ALLOW BUSINESS AND PROFESSIONAL OFFICES, AND VESTED RIGHTS FOR THE BENEDICT OFFICE BUILDING SITUATED ON LOT 16 OF THE CALLAHAN SUBDIVISION IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Kim Johnson, planning department, told Council this would add an SPA to the Benedict building, which is currently a non-conforming use in the RR district. The applicant has offered to gift portions of the building to non-profit users. The non-conformity would be a problem for future maintenance and financing. 11 Regular Meeting Aspen City Council April 26, 1993 Councilman Reno moved to adopt Ordinance #25, Series of 1993, on first reading; seconded by Councilwoman Pendleton. Councilman Peters said he does not see any good reason to approve an SPA designation. Councilman Peters said he feels this is a sale of zoning rights and is inappropriate. Sunny Vann, representing the applicant, told Council the M.A.A. plans to sell the units to offset other costs. Vann said there is no rezoning being proposed; no expansion being proposed; no additional development potential. Vann said this is merely to remove the complexities of non- conformity. Roll call vote; Councilmembers Reno, yes; Richard, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #23, SERIES OF 1993 - PUD Amendment Rezoning, Gordon Callahan Councilwoman Pendleton moved to read Ordinance #23, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #23 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO RR (PUD) RURAL RESIDENTIAL, A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN FOR THE GORDON/CALLAHAN PUD AND SUBDIVISION, AND VESTED RIGHTS STATUS FOR A 2.4 ACRE PARCEL LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council Aspen River Friends purchased the Gordon Callahan PUD subdivision. The applicants seek to amend the PUD and rezone the property from R-15 PUD to RR PUD. The amendment is to reduce a four-lot subdivision to a one-lot parcel, reducing the total allowable floor area of 19,970 square feet to 8500 square feet, modifying the building envelope and ditch alignment, vacating the public trail and bridge easement, dedicat- ing a longer trail easement, vacating the 30 foot access easement, eliminating a rock wall, retaining 1 of the 4 previously approved accessory dwelling units with the 8500 square feet, and retain 2 of the TDRs that were part of the Gordon Callahan subdivision. Councilman Peters asked how close the city is to having a trail agreement. George Robinson, parks department, told Council there are 2 proposals the city is trying to work out. The city proposes an 8 foot trail with 2 foot recovery zones on both sides with a 12 Regular Meeting Aspen City Council April 26, 1993 concrete surface. Ms. Lamont said staff is trying to dovetail this subdivision with the trail agreement. Jed Caswall, city attorney, told Council the subdivision approval will not be before Council until the agreement is finalized. Ms. Lamont reminded Council as part of the Gordon/Callahan subdivision, the city required a $25,000 payment for a bridge. There is no subdivision of the land in this application and the city is not asking for the $25,000. The city is eliminating the bridge easement; the bridge will cross the lower portion of the property. Robinson said the new proposed bridge alignment is better. Robinson said the city has not received an easement from the Kastellics. Ms. Lamont said the city will agree to not develop the trail with concrete. There will be an easement coming off Waters avenue as well as one behind Ute Place. Councilwoman Richards said it appears lots adjacent to the city's easement have expanded their landscaping into the city's property. Councilwoman Richards said she would like to see the lot lines returned to lot lines and the city property returned to native vegetation. Ms. Lamont said no property boundaries are being switched. There is language in the agreement that states native vegetation cannot be removed without going through channels. Councilwoman Pendleton said the city got money to build a bridge in this area. If this is approved, what will the city get. Caswall said the bridge was exacted as a condition of the subdivision approval because the creation of the subdivision and subsequent development of the lots and houses creates a burden upon the public to provide adequate transportation and pedestrian corridors. The subdivision is not being developed; therefore, the factors that needed to be mitigated no longer exist and the city cannot exact the $25,000 for the construction of a pedestrian bridge. Caswall reminded Council the city also got $32,000 from the 1010 Ute project. This money has not been spent and is to be spent on developing this trail. Councilwoman Pendleton asked how big a structure could be built in R-15 versus RR. Ms. Lamont said 7600 square feet is the allowable floor area ratio in R-15. In the RR zone district there is no floor area cap. The applicants are volunteering to place an 8500 square foot cap on the property which includes the bonus for the ADU. The total floor area for the previously approved subdivision was 20,970 square feet. Councilwoman Richards said by second reading she would like finalized what the trail trade is, that is it is writing and signed, and that the 1010 Ute homeowners will allow the $32,000 to be used on this trail. Skip Behrhorst said the funds from 1010 Ute were specifically for a 13 Regular Meeting Aspen City Council April 26, 1993 trail so this should not be a problem. Behrhorst said the city has the benefit of a bridge alignment whether or not there is an agreement. Behrhorst said he does not want to see a paved trail constructed that will go nowhere. Councilman Peters said this application goes hand in hand with the new trail. Councilman Peters said if all parties cannot come to an agreement, this is a dead issue. Councilman Peters said he would like to see staff continue to negotiate aggressively. Councilwoman Pendleton moved to adopt Ordinance #23, Series of 1993, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. TRANSPORTATION PLAN PHASED IMPLEMENTATION Councilman Peters moved to approve $50,000 for the parking control department and hiring a new parking control officer; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards said the city should make sure they can use shuttle-like vehicles before they are purchased. RFTA is research- ing the right shuttle vehicle. One request is for HOV parking space designation, assistance with the car pool program and signs about the program. CIVA will staff the car pool HOV program. Councilwoman Pendleton moved to appropriate $20,000 expenditures to fund the HOV parking space designation program; seconded by Councilman Peters. All in favor, motion carried. Councilman Reno left the meeting. FIREPLACE REPLACEMENT OPTIONS Lee Cassin, environmental health department, reminded Council the Aspen Alps lost an entire building due to fire. They came to Council and requested a variance to put back in 8 gas log fire plac es . The way the ordinance was written they would have been limited to 6 gas fireplaces and 2 gas log fireplaces. Ms. Cassin recom mended the Alps be required to meet the current law. The Clean Air Board recommended the Alps be allowed to install 8 gas log fireplaces instead of 2. This requires an amendment to the code which would apply to any future catastrophes. Ms. Cassin said if Council approves, staff will proceed with the code amendment and return to Council. Councilman Peters said the key is that the Aspen Alps did not burn down their own building as opposed to reconstructing a structure. 14 Regular Meeting Aspen City Council April 26, 1993 Councilman Peters said he would support a very simple procedure allowing the fireplaces to be replaced. Councilman Peters moved to request staff to write a code amendment providing that in acts of God, existing fireplaces can be replaced; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to adjourn at 8:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 15 Regular Meeting Aspen City Council April 26, 1993 PROCLAMATION - Child Protection Awareness Week 1 ................. PROCLAMATION - Arbor Day 1 ................................ ....... PROCLAMATION - Ute Park 1 ................................ ........ CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 3 ................................ ............... ORDINANCE #10, SERIES OF 1993 - Rio Grande Subdivision 4 ......... ORDINANCE #18, SERIES OF 1993 - East Cooper Affordable Housing 4 . ORDINANCE #9, SERIES OF 1993 - Code Amendment - Definition of Open Space 7 ................................ ................ ORDINANCE #19, SERIES OF 1993 - Vacation Portion of Walnut Street 7 ................................ .................... ORDINANCE #78, SERIES OF 1993 - 320 W. Main Condominiumi zation 8 . RESOLUTION #25, 1993 - Supporting City Shop Renovation 8 ......... ORDINANCE #21, SERIES OF 1993 - Code Amendment Public Zone Permitted Uses 8 ................................ ............ ORDINANCE #22, SERIES OF 1993 - Aspen Arts and Recreation Center Rezoning 9 ................................ ........... ORDINANCE #24, SERIES OF 1993 - SPA Text Amendment 10 ............. ORDINANCE #25, SERIES OF 1993 - Benedict Map Amendment, Final SPA 10 ................................ ....................... ORDINANCE #23, SERIES OF 1993 - PUD Amendment Rezoning, Gordon Callahan 11 ................................ .................. TRANSPORTATION PLAN PHASED IMPLEMENTATION 13 ...................... FIREPLACE REPLACEMENT OPTIONS 13 ................................ .. 16