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HomeMy WebLinkAboutminutes.council.19950612Aspen City Council Regular Meeting June 12, 1995 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmember Reno, Richards, Paulson, and Waggaman present. PROCLAMATION - Pedestrian Safety Awareness Week Mayor Bennett and Council proclaimed June 12 through 17 as pedestrian safety week and encouraged merchants and to support this endeavor. PROCLAMATION - Welcoming Malawi Park Service Representatives Mayor Bennett and Council welcomed 3 representatives from Malawi who will be working with ACES while in Aspen. PROCLAMATION - Smoke Free Day in Aspen Mayor Bennett and Council proclaimed June 23 as “Smoke Free Day” in Aspen and urged the community to enjoy the benefits of a smoke free atmosphere. Council presented the proclamation to members of the Clean Air Board. CITIZEN COMMENTS 1. W. R. Walton told Council he lives at the corner of Hopkins and Spring and is awakened by supplies being delivered across the alley at 2 a.m., three nights a week. Walton said these supplies are brought in on a huge semi, the engine is left running while the supplies are delivered. Walton said he has talked to the police chief, who has been very supportive. Tom Stephenson, police chief, told Council this delivery is on a route of the entire western slope, which makes it difficult to change the schedule of delivery. Stephenson said he did get a commitment from the delivery company they would shut their engines off and not throw the palettes around. The local business will post a “Quiet Zone” sign and the APD officers will patrol the area. City Manager Amy Margerum told Council the Commercial Core and Lodging Commission is looking into the overall concept of deliveries in the city. This is on their agenda for June 21 at 9 a.m. Walton suggested the city look into a warehouse facility for many businesses outside the city limits. 2. Harry Farg, 814 West Bleeker, told Council June 20th the highway department is comming out with the EIS. Farg encouraged Council to 1 Aspen City Council Regular Meeting June 12, 1995 consider what the highway department says and to give priorities to their priorities. This process has been going on for many years. COUNCILMEMBER COMMENTS 1. Councilwoman Waggaman said the design conference was excellent and thanked the volunteers who work to make this event happen. Mayor Bennett agreed the design conference is top rate and a wonderful resource for the city. 2. Councilwoman Richards said she just attended the Boom and Mountain Living conference in Keystone sponsored by the Forest Service. Councilwoman Richards said the communities are trying to find collaborative ways of solving problem as all mountain communities have experienced double digit growth. Councilwoman Richards said Aspen tends to give out more information than it gets back. 3. City Manager Margerum said the Council appointments to Boards will be on the June 26th agenda. The Housing Authority Board is meeting June 14 and 21 and needs a Council representative. Councilwoman Richards said she would attend. 4. City Manager Margerum reported that the police department surveyed establishments in town with cigarette vending machines. All but 2 of these establishments have come into compliance with the state law by moving or removing these machines. The other 2 establishments indicate they have no problem complying with the state law. ORDINANCE #26, SERIES OF 1995 - Physics Center Kim Johnson, planning office, told Council the P & Z met on this issue twice and conducted a site visit. P & Z has forwarded scheme B to Council; scheme B consists of one very long building parallel to Gillespie and North Avenue. Ms. Johnson reminded Council issues from first reading were landscaping to soften the impact of this building on the surrounding neighborhood. The irrigation ditch and a trail link to the race track oval, on the west side of the building will be addressed. The ordinance includes a condition which prohibits removal of understory vegetation along the cottonwoods. 2 Aspen City Council Regular Meeting June 12, 1995 Bill Fraser, project manager of Aspen Center for Physics, told Council the program for this Center is essentially the same as when founded in 1963. Fraser said physicists in all fields come to the Aspen Center and work together informally. The size of the program will remain at 90 participants, staying an average of 3 weeks. Fraser told Council the Physics Center has 200 bicycles for use by their participants. Fraser told Council the proposed building is not designed to expand the program but to enhance the quality of the existing program. Fraser said this building will replace Hilbert Hall, which was built in 1967. Fraser said the library and computer need expansion as computers were not anticipated in the original program. Fraser told Council there is no space that all 90 physicists can get together at one time. Fraser said in order to be effective the physicists need a quiet space, and need to be able to come into contact with other physicists. Harry Teague, architect, showed a drawing of the Institute property including the physics center, Meadows, Institute and music tent. Teague said the best configuration is two people to an office with a total registration of 90 physicists. Teague said these two parameters prescribe the type of building to be designed. This building does not represent any growth in the program. Teague showed the office area, the administration area, and a meeting with 90 fixed seats. Teague said the existing square footage being used by the physicist is 14,696 square feet. With this new building, the total square footage will go up to 18,572 square feet. Teague said the physicists have demonstrated they want to be good neighbors. Teague noted this is a new institutional building in the community on the edge of the Institute complex and is adjacent to residential buildings. This is not a residential building and its architecture should be different than a residence. Teague pointed out the setbacks differ on all sides of this property and from all existing buildings on the property. Teague said outdoor space is also essential to the operation of the physics center. Teague showed breezeways through the building to the inner landscaped areas. Teague noted the more obvious entrance to the center from which administrative people can direct guests. Teague said the lecture hall portion is 22 feet in height, the height limit in this zone is 28 feet. This location for the lecture hall will have the least physical impact. Teague showed some of the existing vegetation on exhibit 3. Teague 3 Aspen City Council Regular Meeting June 12, 1995 said one of the reasons they did not replace Hilbert building hall exactly on site because of the trees immediately adjacent. Rebuilding in this space would destroy the trees. The location of the new building will have almost no effect on the existing vegetation. The largest issue with this building is its length. Teague said he attempted to design a building with the least impact on the neighborhood well as to resolve the needs of the physicists. Teague said the building is sited to not affect any trees. There are cottonwoods which help obscure the building. The houses directly across from the building have few windows. Teague told Council they will have to comply with ADA and are doing this by designing it on grade. This building is a slab on-grade to make it more economic. The structure is 17 feet at the highest point and 229 feet in length. Teague presented computer generated montage of photographs showing what the building will look like. Julia Marshall, landscape architecture, presented exhibit 3, the landscape plan. Ms. Marshall said the program is succinct and something the designers need to stick to in order to make the Physics Institute function. The landscaping helps and compliments what the building is trying to do. Ms. Marshall told Council she designed the landscaping inside out and outside in. Ms. Marshall said the aspen and cottonwood trees are of a size to break up the scale of the building. The landscaping should make it that at no time does one see the entire length of the building. Ms. Marshall told Council she walked the potential trail along the property line with lot 10 with the P & Z. As a result of this site visit, the trail has been moved, the cottonwood trees will create a separation between lot 10 and the new physics buildings. The end of the physics building has been pulled back to create a wider separation. Teague told Council the end of the building is metal grill work and will be covered with Virginia creeper. Teague entered into the record an Aspen Times article dated June 9 as well as the model created June 2, 1995. The model does not reflect the change in the building length. Mayor Bennett opened the public hearing. Gideon Kaufman, representing the Aspen Institute, reminded Council when the City went through the improvements on the Aspen Meadows property, 4 Aspen City Council Regular Meeting June 12, 1995 one of the driving forces behind this was to revitalize the not for profit organizations. At that time, the Institute and M.A.A. knew what they wanted to do and have moved forward. It was always contemplated that all 3 organizations would have improvements. Kaufman pointed out there have been a lot of changes in the residential neighborhood adjacent to this building. Charlie Marqusee read into the record a letter supporting the application from neighbors Charles and Helga Marqusee; Greg & Beth Miller, John Doremus, John and Marianne Schuhmacher; Joyce and Lorenzo Semple; Joan and Steen Gantzel; Harriet and George Kelly; Robie and William Harris; and Debbie and Larry Hoffman. The letter states the landscaping will break up the long look of the proposed building. The old building is an eyesore. The proposed building sits lower than the street. The setback averages more than 100 feet from the street. The views will be improved by demolishing the present Hilbert Hall. Jim Markalunas, 624 North Street, said he is concerned about the ditch on the west side of the proposed building. Markalunas said he would like to see it kept in it’s natural state and not to have it pipe or culverted. Markalunas said he would like to see the applicants put in a row of cottonwood trees because they lend themselves to the trail along the west side and Sixth street. Markalunas said the building is too long and impacts the neighborhood. The applicant said they would be happy to add these to the plan. Chic Collins passed out a perspective of the new building looking northwest and looking southwest. Collins said there is no question about the need for a new facility. Collins said he is concerned about the placement of the building and pointed out there are other locations on the site to place this building. This building will affect the views from Gillespie street. Collins pointed out staff, HPC and P & Z had concerns that this building was incompatible with the neighborhood. Collins said he does not feel cutting 20 feet off was much of a meaningful reduction. Perry Harvey, listing broker on the 4 lots to the west, told Council he would like the setback between this building and lot 10 memorialized at 30 feet. Teague said this will be 27 feet 10 inches and they will agree to that setback. Ramona Markalunas said this building will be perceived as very large from Gillespie or Sixth streets. Ms. Markalunas suggested this be setback on the 5 Aspen City Council Regular Meeting June 12, 1995 site so that it is better hidden and not perceived as large. Ms. Markalunas said this building appears to be on the property line on Sixth street. Ms. Markalunas said it is ironic that Council is allowing a large physics building when later they are going to reduce floor area ratios in residential areas. Robert Harth, representing the M.A.A., supports this project. Harth reminded Council Teague designed Harris Hall, which is a wonderful addition to the Meadows campus. Harth said this building will also be a wonderful addition and an opportunity for the Physics Center to upgrade their facilities. Bill Stirling reminded Council in the late 1980’s the city master planned the Meadows area. It was unprecedented public master planning of a private parcel. The city spent two years creating this plan. The key issues were the long term best interest of the community and security and self-determination for the users as well as scale and context of the existing facilities as well as any new facilities. Stirling said improving the cultural facilities is what the city hoped would happen. Stirling said the then Council made a decision not to place any buildings in the open field next to the proposed building. Stirling said the only place to view this open space, however, is where the new building will be located. Mac Cunningham said the Physics Institute is turning their back on the neighborhood. Cunningham noted every committee that reviewed this project felt is out of scale and mass for the area. Cunningham said there will be a wall more than two blocks long to the open space. Cunningham said this is a very heavily used walking area. Cunningham said this building is as long as the Ritz. Mayor Bennett closed the public hearing. Teague said they did shorten the building in response to concerns from the community. Teague reiterated they did a site visit with the P & Z and on site one appreciates the density and the location of the building on the site. The building is axial on Gillespie street as will the house on lot 10. Teague said the applicants made a huge effort to have a minimal exposure. Teague said he presented 7 different configurations to P & Z. P & Z and the applicants both concurred this scheme, B, is the most appropriate for the site and the physicists use. Teague said if the building is broken up, there is more building apparent on site than if there is only one building. 6 Aspen City Council Regular Meeting June 12, 1995 Ms. Johnson agreed the site visit was instrumental to staff and P & Z in understanding this project. The site visit and landscape plan influenced the P & Z’s feelings. The trail discussed and shown in the Meadows master plan were intended to insure pedestrian access through the site. The trail easement was drawn because it was a natural walking path. Councilwoman Waggaman asked if it would be possible to drop the building 3 or 4 feet. Teague said this would require a different foundation and would add to the expense. As designed there is no basement except for bicycle storage. Mayor Bennett said he supports this project and is proud it is coming through the process. Mayor Bennett said this building is 17 feet high and is 5 feet lower than North street. Mayor Bennett pointed out the FAR on this project is .1 or 10 percent in a zone that allows .7 FAR. Mayor Bennett said the landscaping is critically important and appears well done. Mayor Bennett said Jim Markalunas’ suggestion about the cottonwood trees is a good one, and should be looked at by the applicant. Mayor Bennett said moving this building to the north of the property would cause far greater controversy and would destroy one of the beautiful sage meadows. Mayor Bennett said he does not favor lowering the building into the ground as he is not sure what would be gained and it would be losing a spiritual quality. Mayor Bennett said this is the last piece of a puzzle in a very remarkable campus. Councilman Paulson said he is concerned about open space becoming more and more precious, and is also concerned about the size of the building. Councilman Paulson said he would like to see the traffic addressed. Councilman Paulson said he would like a pedestrian zone along the front street. Councilman Paulson said he would not like to see the ditches in culverts or covered; these ditches are an amenity to the area. Councilman Paulson agreed landscaping is very important. Councilman Paulson said he would like the public to have an ability to use the auditorium. Councilman Paulson said lighting at night is important that it does not disturb the neighbors. Ms. Johnson said there is a section in the code that states lighting cannot become an imposition on the adjoining parcels. Teague said he plans on using sophisticated lighting; the only outdoor lighting is to show where the required exits are. Teague told Council the windows in the building are minimal so there should be very little spillover. Councilwoman Richards said the Physics Center should submit a window shading plan. Fraser said there is 7 Aspen City Council Regular Meeting June 12, 1995 not a lot of night time use of the building. Fraser said they will do everything they can to keep the lighting at a minimum. Ms. Marshall said none of the ditches will be culverted. Councilman Paulson asked what impact the design guidelines, Ordinance #30, would have on this project. Stan Clauson, community development director, told Council the next ordinance applies only to residential structures and houses that tend to maximize a lot. Councilman Reno said there are good arguments that landscaping is key to the design of buildings. Councilman Paulson said he would like to see the building modified a little bit. Councilwoman Waggaman said she wants no culverts, keep the ditches as natural as possible. Putting in screen trees along Sixth street makes sense. The trail connection sounds good. Councilwoman Waggaman said she would like a commitment in writing that the building will be no closer than 27’ 10” next to lot 10 on the west. Councilwoman Waggaman said she would like the applicants to re-look at lowering the building. Councilwoman Waggaman said she would like the auditorium able to be used by the public. Councilwoman Waggaman said to compensate for the view being taken away to the west, the applicant should look at opening up the view from the Gillespie street. Councilman Reno said everyone wants to keep the Physics Center here. Councilman Reno said one thing he likes about overall campus is that it respects the boundary all the way around with certain distances. Councilman Reno said this building violates the history of the separation on the east side. Councilman Reno said his problems with this are the length of the building. Councilman Reno said landscaping is an integral part of any building and can break this design up. Councilman Reno said he has a problem on the east side where the building is right at the terminus of Gillespie. Councilman Reno said he hopes the public will still be able to cut through the property. Councilman Reno agreed the lighting is a major concern. Councilman Reno said he cannot support this design although he does support the Physics Center. Councilman Reno said he would like a plan on how the trees immediately adjacent to Hilbert Hall will be saved. Councilwoman Richards said she cannot see much benefit in breaking the building up and that a gap would make it appear from the street separate masses. Spreading these buildings throughout the site will damage more 8 Aspen City Council Regular Meeting June 12, 1995 viewplanes. Councilwoman Richards said she would like to see a breezeway through the building from south to north. Councilwoman Richards said she, too, would like to make sure the ordinance contains the 27’10” setback. Councilwoman Richards said the city and applicant should address the right of way off Sixth street. Councilwoman Richards said shades should be in the windows so that people can use them at night. Councilwoman Richards supports putting cottonwood trees along Sixth street. Councilwoman Richards said the auditorium should be available for public use. Councilwoman Richards said she would like the applicant to consider lowering the lecture hall 6 feet. Teague said a problem with lowering the lecture hall is the egress problem and meeting the ADA requirements. This would require extensive ramping. Teague agreed on the need for landscaping on the south side. Councilwoman Richards moved to adopt Ordinance #26, Series of 1995, on second reading amending the conditions to memorialize the 27’10” setback to the west; that parking not be allowed on Sixth street and landscaping of that area be included in the final plat; that shade be provided for the windows; that the landscaping architect determine the appropriate number of cottonwood trees to go along Sixth street; that the lecture hall be available for public use; the architect consider any measure to open up the view plane from Gillespie to the race course ; additional cottonwoods be planted; and exterior lighting should be kept to a minimum and shall not wash the building; seconded by Mayor Bennett. Councilman Paulson asked about making North street a pedestrian walkway. Councilwoman Richards noted this would have an impact on the entire neighborhood and should be discussed with the entire neighborhood and perhaps could be discussed with the Meadows traffic mitigation discussions. Councilwoman Richards moved to table this until the end of the meeting so that staff can write up the conditions; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to extend the meeting to 10 p.m.; seconded by Councilman Paulson. All in favor, with the exception of Councilmembers Waggaman and Reno. Motion carried. 9 Aspen City Council Regular Meeting June 12, 1995 ORDINANCE #30, SERIES OF 1995 - Code Amendments; Revisions to FAR & Design Standards Stan Clauson, community development director, told Council among the available alternatives - reduction in FAR, design review committee process, that a combination of residential design standard and moderate FAR reduction will be the most effective in addressing scale and community. Clauson said these standards would provide for a de facto reduction in FAR through the requirement of secondary elements to the primary building mass. Clauson said one key issue is the calculation of FAR for garages, storage areas and carports. Both .25 and .5 have been discussed as well as exemption of 250 to 650 square feet. The recommendation is .5 with a maximum cap of 500 square feet. A 250 square foot garage would be totally exempt; at 500 square feet and a .05 option, one would have to spend 125 square feet and at 600 square feet, one would have to spend 225 square feet to build that garage. Another standard is that garages may not exceed 40 percent of the total front facade totally. Light wells need to be recessed behind the front facade. Clauson pointed out interior spaces do not carry an FAR penalty when they are higher than the standard plate height as long as they are not expressed on the exterior. Separation of the ADU from the principle structure has been clarified and must be by a distance of no less than 15 feet. Clauson said slope density reduction has been clarified. A third finding has been added to the purpose of the design repeal review board that granting relief from the design standards would be necessary for reasons of fairness related to unusual site specific constraints. Staff recommends the composition of the Design review board be made up of 3 HPC members because this Board has been closest to issues of design review. Building orientation has been augmented to include curvelinear streets Mayor Bennett opened the public hearing. John Doremus said the design provisions seem reasonable. Doremus brought up the slope reductions and presented a specific lot where the FAR would be reduced over 30 percent. In West Aspen subdivision there are about 2 dozen properties that would be affected by this slope reduction. Doremus said he 10 Aspen City Council Regular Meeting June 12, 1995 feels this is unfair and radical as 30 percent is far greater than the 5 to 10 percent Council has been discussing. Clauson said the ordinance does contain slope reduction provisions as buildings on steep slopes show up more than on flat. Clauson said slope reduction is done by contour lines rather than blanket overall. Herb Klein said he, too, is concerned about the deduction for slopes as this is nether fair nor appropriate. This seems to be a broad brush reduction of FAR and goes too far for slope reduction. Klein said Council has gotten a lot of community support for the design standards. Klein said Council should drop the slope reduction or instruct the Board of Adjustment to deal with FAR variances. Klein said Council should keep 500 foot exemption for garages. Klein said Council should look at the exemption for attached caretaker units versus detached units. The detached units are more desirable from a quality of life as well as aesthetic stand. Paul Taddune said Council is trying to do something positive with design standards rather than taking away with FAR reductions. Taddune said people should not be penalized for garages as they are an incentive for getting automobiles off the street as well as for storage. Perry Harvey said he supports the design standards. One purpose of the design standards was that neighborhoods should be conducive to walking. By reducing garages, this will put more cars on the streets and be in conflict with that goal. Harvey reminded Council the Aspen Meadows was a public planning of a private parcel and 4 lots were created to compensate the owners of the property who had deeded land to non-profit institutes. Through negotiations, 4 lots were created with an FAR of 4540 square feet excluding a 500 square foot garage but including a 500 square foot ADU above the garage. Harvey said he would like these 4 lots, which are subject to a written agreement, exempt from this ordinance. Jim Curtis said he is supportive of the design guidelines. Curtis said his comments relate only to above grade ADUs that have rental restrictions not below grade ADUs. Curtis encouraged Council to exempt FARs for above grade ADUs that are rental restricted and to be as flexible as possible because this is an important way to get the private sector involved in providing affordable housing. Also, there is a historical precedence for above grade, small employee units. Clauson said the ordinance provides for 250 square 11 Aspen City Council Regular Meeting June 12, 1995 feet exempt for ADUs when the ADU is above ground and a 350 square foot exemption when the ADU is above ground and separate from the main structure. A provision that allows for the separated ADU to have a linking breezeway has been added. Leslie Lamont, community development department, reminded Council they have funded money for a survey of the ADU program. Ms. Lamot said staff would like to evaluate the ADU program before making any radical changes or giving more incentives to the ADU program. Ellen Kohner Hunt said she would like to be able to remodel her house to accommodate a family and have a garage that holds 2 cars and some storage. Bob Hughes, representing Savanah owners of the 4 lots next to the Meadows, told Council he has been enthused by the design review guidelines process. Hughes said he thinks the .25 for garages is being punitive; it will not get a smaller home. Hughes said the most enlightened approach is the design review standards. Hughes said the density reduction for slopes works in a PUD when there are trade offs but not with just one lot. Hughes requested the 4 lots of the Meadows be exempted from this ordinance as they were part of an agreement with the city and Savanah. Jan Derrington said the definition of exterior plate height should be clarified. Derrington suggested including a dictionary of architectural terms or an illustration to make it easier to understand. Evan Corn said Council should listen to what people are saying and act on that. Ferd Belz said he has met with staff on the Aspen Meadows and has agreed to go by the design guidelines if the 4 lots are exempt from the FAR provisions. Bill Poss told Council he has worked with staff on this legislation. Poss said he started out being skeptical and opposed to the design review process. Poss said this ended up a very positive and refreshing piece of legislation. Poss said he hopes Council does not look at more downzoning. Staff has come up with a set of standards that encourages designers to look at Aspen’s unique characteristics and to reduce the effects of FAR by breaking up massing of the primary and secondary buildings. Richard told Council he was involved in the symposium and neighborhood caucus and also tested the design guidelines for different neighborhoods in town. This is a way that bulk and mass can be reduced. 12 Aspen City Council Regular Meeting June 12, 1995 Jake Vickery, chair of the Design Review Committee, told Council this process has been constructive and positive. Vickery said the design review has received a lot of support, Vickery suggested Council separate out the design review aspects from FAR, ADUs and garages for later consideration. Councilman Paulson moved to suspend the rules and continue the meeting to 10:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Alan Shafer said this was a fine exercise with many different people involved in the process and enthusiastic about the process. Shafer said garages, ADUs and building on slopes are all manifestations of particular problems in Aspen. Shafer said it should be made easy to create an ADU unit. Mayor Bennett closed the public hearing Councilman Paulson moved to table Ordinance #0, Series of 1995, until the end of the meeting; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Reno moved to continue the meeting to 5 p.m. June 12, 1995; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 13