HomeMy WebLinkAboutminutes.council.20040614Regular Meetin~ Aspen City Council June 14, 2004
CITIZEN PARTICIPATION ...................................................... i ............................... 2
COUNCILMEMBER COMMENTS ........................................................................ 2
CONSENT CALENDAR ............................................................................................ 4
· Resolution #57, 2004 - Baxter License Agreement and Quit Claim Deed ............. 4
· Minutes - May 25, 2004 ......................................................................................... 4
RESOLUTION #52, 2004 - Contract for ARC Business Plan .......................... 4
KATSUYAMA FUNDING REQUEST .................................................................. 6
RESOLUTION #53, 2004 Contract Brush Creek Park & Ride Lot
Expansion ......................................................................................................................... 6
FIRST READING OF ORDINANCES ................................................................... 7
· Ordinance #21, 2004 Little Ajax ......................................................................... 7
· Ordinance #22, 2004 Imitation Guns ................................................................... 7
· Ordinance #23, 2004 Temporary Outdoor Food Vending ................................... 7
ORDINANCE #18, SERIES OF 2004 Obermeyer Place COWOP
Amendment ..................................................................................................................... 9
ORDINANCE #19, SERIES OF 2004 Code Amendment Tree Removal
Permits ............................................................................................................................ 12
ORDINANCE #20, SERIES OF 2004 Adopting the International Fire
Code ................................................................................................................................. 13
RESOLUTION #54, SERIES OF 2004 - Chart House Conceptual PUD .... 14
RESOLUTION #48, SERIES OF 2004 Aspen Highlands Village PUD
Finding of Substantial Compliance of Subdiv/sion Approval .......................... 20
RESOLUTION #55, SEPdES OF 2004 Moore PUD Finding of Substantial
Compliance of Subdivision Approval ....... : ............................................................. 23
RESOLUTION #56, SERIES OF 2004 Patriot Act ......................................... 23
REQUEST FOR FUNDS Town of Granby Relief .......................................... 24
Regular Meeting Aspen City Council June 14~ 2004
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Paulson, Torre, Richards and Semrau present.
CITIZEN PARTICIPATION
1. Toni Kronberg requested Resolution #52, Contract for ARC Business
Plan be pulled off consent calendar. Ms. Kronberg reported the Civic
Master Plan committee met last week and it was an exciting meeting. There
is the possibility that the fire department, police and sheriff' s department
will work together to use the Zupancis property. This will eliminate a lot of
cars on North Galena.
2. Tom Marshall thanked Council for flexibility in allowing the Freddy
Fisher event on the mall Friday. Marshall said with all the qualified
architects and contractors in the valley, it seems a shame to go outside to
recruit for city projects. Marshall told Council to go by Dale and Riverside
Avenues to see what building to the dimensional standards looks like.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud thanked Greg Poschman and Wabs of the Red
Onion for the Freddy Fisher birthday event. It was a fabulous party with a
lot of long time locals in attendance.
2. Mayor Klanderud noted the death of two long time citizens last week
- Marge Stein and Dick Durrance. They both had a lot to do with the
development of Aspen. Aspen also lost Bob George last week. These are
all great people and their deaths will leave a hole in the community.
3. Councilman Torre agreed the Freddy Fisher birthday was a great
event and he hopes it becomes ah annual event.
4. Councilman Torre noted there is artificial turf installed in Wagner
park and urged everyone to test it out.
5. Councilman Torre reminded everyone the brown bag lunches are
going on every Monday at noon. Citizens can come and let Council know
what they are thinking in a casual setting.
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Regular Meetin~ Aspen City Council June 14, 2004
6. Councilman Torre said he is happy to have been on Council one year.
Councilman Torre said although Council does not agree on all the issues,
they are doing good work and working hard.
7. Councilman Semrau said it is encouraging the World Cup in coming
back to Aspen.
8. Councilwoman Richards thanked the community for giving her a
chance to be back on Council. Councilwoman Richards,' too, invited the
public to come forward with their comments.
9. Councilwoman Richards said Council and staff did try and get local
architects on the Burlingame review panel. It was difficult to find architects
that were not planning to submit a bid for the design contest.
10. Councilwoman Richards suggested Council donate $1500 to the Town
of Granby for their rebuilding efforts after the last week's disaster. Council
agreed to discuss this under action items.
11. Loren Ryerson, chief of police, invited Council and the public to the
first Pizza in the Park, Wednesday, June 16th at 11:30 a.m. at the ARC.
12. Mayor Klanderud reported she and Councilman Paulson attended the
RFTA meeting at which it was voted unanimously to put a tax increase
question on the November ballot. Mayor Klanderud said EOTC and RFTA
will jointly fund a $65,000 efficiency study of RFTA's operations.
13. Councilman Torre said the Youth Council has reviewed and approved
$1500 worth of grants and they will be reporting to Council. Councilman
Torre noted he attended the Red Brick Board meeting. The June show, Art
for Life, is a great show and the Red Brick looks really good. Councilman
Torre said it may make more sense for him to attend the Aspen/Snowmass
Cultural Affairs Commission meetings than the Red Brick.
14. Councilman Torre reported at the NWCCOG.meeting in Aspen, the
rural resort region presented the cost of living study 2004 in comparison
with 2001.
Regular Meeting Aspen City Council June 14, 2004
CONSENT CALENDAR
Councilwoman Richards requested the Katsuyama Funding request be
pulled. Councilman Torre asked to pull Resolution #53, 2004 Contract
Brush Creek Park & Ride Lot Expansion be pulled.
Councilman Semrau moved to approve the consent calendar as amended;
seconded by Councilman Torre. The consent calendar is:
· Resolution #57, 2004 - Baxter License Agreement and Quit Claim
Deed
· Minutes - May 25, 2004
RESOLUTION #52, 2004 - Contract for ARC Business Plan
Toni Kr0nberg said she is happy about the business Plan for the Recreation
Center coming to Council. Ms. Kronberg said before the facility was built,
She wanted Council to look at the design, the programming, the numbers and
the operation. Ms. Kronberg said the procurement code requires public
notice whenever there is an expenditure in excess of $10,000. Ms.
Kronberg made a public records request for a copy of that notice as required
by section 4.12.030.
Tim Anderson, recreation director, told Council there are no companies in
this valley that do this type of work. Anderson said he discussed this with
the city attorney and staff sent proposal to 7 companies that do this type of
work. Staff received 3 proposals. The advisory committee interviewed all 3
companies that submitted proposals. John Worcester, city attorney, noted
the city's procurement code outlines which services go through a
procurement process. Worcester said the code recognizes that for
professional services, staff does not have to go through all the steps.
Worcester said he is satisfied the process was followed.
Ms. Kronberg pointed out the firm that was chosen does not have a lot of
aquatic and ice rink experience. There are other leading consultant firms
that do this work with an expertise in aquatic and ice rink. Ms. Kronberg
requested a public notice be done. Ms. Kronberg also submitted a public
records request for cost of the recreation center broken down by area, like
ice rink costs, pool costs, lobby costs.
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Regular Meeting Aspen City Council June 14, 2004
Scott Writer, ARC Advisory Committee, told Council staff did a great job in
getting 3 proposals for them to interview. Each company came to Aspen
and made a presentation to the committee. Writer said the decision was
based on the information the committee is looking for and how to put
systems in place to analyze data so management can view daily the user
counts, fees, costs. Writer said the committee did not look specifically at
programs bUt looked at this as a business, not a pool or an ice rink.
Laura Kornasiewicz, ARC Advisory Committee, told Council all 3 of the
presenters had significant references in recreation center that involve ice as
well as aquatics. Ms. Kornasiewicz said the references were checked before
the decision was made. Councilwoman Richards said she is excited to see
this work go forward and she is comfortable with the selection of the
Advisory Committee. Councilwoman Richards noted attachment A states
the contractor will be looking at enhancement of operations for profit
centers.
Councilman Semrau moved to approve Resolution #52, Series of 2004,
approving the contract with PROS; seconded by Councilwoman Richards.
Councilman Paulson asked when the report will be back. Anderson pointed
out the contract requires a report 12 weeks after the notice to proceed.
Anderson said this should be in time for the 2005 budget. Councilman Torre
asked who outlined the scope of services. Anderson said staff and the
Advisory Committee worked together to put a scope of work. Councilman
Torre said not doing this will not help the situation at the ARC.
Councilwoman Richards said she would rather approve the contract at
$53,000 and not include the $14,000 follow up work. Councilman Semrau
said he feels the follow up work is very important. Councilwoman Richards
said she would like to see the work and make sure it is what the city wants
before committing to the $14,000 for follow up. Council agree the contract
should only be approved at $53,000 with a commitment from Council to
follow up after one year.
Councilman Semrau amended his motion to approve Resolution #52 with
the commitment to the follow up work; seconded by Councilwoman
Richards. All in favor, motion carried.
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Regular Meeting Aspen City Council June 14, 2004
KATSUYAMA FUNDING REQUEST
Councilwoman Richards stated she supports the $2500 donation but did not
see a solid recommendation from staff. Councilwoman Richards said the
Sister Cities organization now allows more than one city in the same
country. Aspen has a relationship with Katsuyama based on the music
festival. Councilwoman Richards noted this is a small amount of money for
a youth exchange program. Mayor Klanderud stated it has been difficult to
'keep friendship cities and sister cities separate. Mayor Klanderud agreed
with supporting the donation and having further discussions about the role of
Katsuyama.
Dan Sadowskv said this money will go towards a chaperone. Randy Ready,
assistant city manager, told Council the reason there is no staff
recommendation is that staff would like this group to apply for their non-
profit 501C3 and then go through the grants review process.
Councilwoman Richards moved to approve a $2500 contribution to the
Katsuyama student exchange program; seconded bv Councilman Semrau.
Mayor Klanderud suggested a work session with Sister Cities group to find a
solution to the funding of sister cities and of friendship cities.
All in favor, motion carried.
RESOLUTION #53~ 2004 - Contract Brush Creek Park & Ride Lot
Expansion
Councilman Torre asked where the total amount of $160,000 came from.
Mayor Klanderud noted the funding is coming from the EOTC and the 'city
is managing the contract. Councilman Torre said it seem like this contract
has grown in scope. John Krueger, transportation department, said the
EOTC is an advisory body with no employees, so the city will manage the
contract. The EOTC will pay for the services of the contract. Councilman
Torre said he did not think the paving of the park and ride lot was approved
by the EOTC. Krueger said there has always been a surface included for this
lot so there is some structural integrity to park on. Councilman Semrau
noted this first stage is design drawings and the actual surfaces will be voted
on later.
Regular Meeting Aspen City Council June, 14, 2004
Councilman Paulson moved to approve Resolution #53, Series of 2004;
seconded by Councilman Semrau. All in favor, with the exception of
Councilman Torre. Motion carried.
FIRST' READING OF ORDINANCES
· Ordinance #21, 2004 - Little Aj ax
· Ordinance #22, 2004 - Imitation Guns
· Ordinance #23, 2004 - Temporary Outdoor Food Vending
Councilman Torre moved to read Ordinances #21, 22, 23, Series of 2004;
seconded by Councilman Semrau. All in favor, motion carded.
ORDINANCE NO 21
(SERIES OF 2004)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL
APPROVING A REZONING, SUBDIVISION, AND CONSOLIDATED
CONCEPTUAL/FINAL PUD TO CREATE LOTS 1, 2, AND 3, OF THE
LITTLE AJAX SUBDIVISION/PUD, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ORDINANCE NO. 22,
SERIES OF 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, PROHIBITING THE DEFACEMENT, ALTERATION, OR
MODIFICATION OF BB, AIR, PELLET, AND PAINTBALL GUNS IN
THE CITY OF ASPEN; PROHIBITING THE DISCHARGEOF SUCH
GUNS; PROHIBITING THE SALE OF SUCH GUNS TO PERSONS
UNDER THE AGE OF EIGHTEEN; PROHIBITING THE DISPLAY OF
SUCH GUNS IN PUBLIC, AND PERMITTING THE SEIZURE OF SUCH
GUNS IN CERTAIN SITUATIONS.
ORDINANCE #23
Series of 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND LAND USE CODE SECTION 26.470.070,
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Regular Meeting Aspen City Council June 14, 2004
GROWTH MANAGEMENT EXEMPTIONS, AND LAND USE CODE
SECTION 26.575.030(A)(10), OPEN SPACE COMMERCIAL
RESTAURANT USE; TO CREATE A REVIEW PROCESS FOR
SEASONAL OUTDOOR FOOD VENDING IN THE COMMERCIAL
CORE IN WHICH AFFORDABLE HOUSING MITIGATION
REQUIREMENTS ARE WAIVED; AND DECLARING AN EMERGENCY.
Was read by the city clerk
James Lindt, community development department, noted Ordinance #23 is
written as an emergency ordinance and staff proposes a special meeting
tomorrow to finalize the ordinance. Lindt said if Council does not agree,
they should let staff know. Lindt pointed out P&Z did not get to review this
ordinance because it has been done quickly in order to make it available for
this summer. Dylan Johns, P&Z, said 25 square feet might be too small to
fit a counter and other type of things allowed under the ordinance. Johns
said he would not like to see coin operated vending machines in front of
stores. Ruth Kruger, P&Z, agreed with Johns and noted she also supports
this being a temporary measure with review in the fall. Steve Barwick, city
manager,, pointed out restaurants in the commercial core have to do all their
serving from inside the restaurant. They cannot sell 'from their mall spaces.
The ordinance does not allow cooking from the outdoor spaces.
Councilman Semrau moved to adopt Ordinance #23, Series of 2004, on first
reading; seconded by Councilman Paulson.
Councilman Torre said he does not want businesses to sublet the right to
vend from in front of the business. Councilman Torre said any vending
should have consistency with the business from which it is vending. Council
agreed.
Councilwoman Richards Paulson, yes; Torre, yes; Richards, yes; Semrau,
yes; Mayor Klanderud, yes. Motion carried.
Councilman Paulson moved to adopt Ordinance #21, Series of 2004, on first
reading; seconded by Councilman Semrau.
Councilwoman Richards noted she is concerned that creation of the 3 lot
subdivision allows the applicant to have a fall back position of. developing
the land with 3 single family dwellings if the AH project does not go
Regular Meeting Aspen City Council June 14~ 2004
through. This also establishes a separate freestanding lot potentially to be
set aside as open space. Councilwoman Richards said before creating a 3-lot
subdivision, she would like a report on the status of affordable housing
project. Councilwoman Richards said the city should have a contract on the
3rd lot or continue this until the affordable housing project is in front of
Council. This subdivision will be creating value for these lOts. Joe Wells,
representing the applicant, told Council this application is consistent with the
pre-annexation agreement and it is a contract and gives the city the right to
acquire lot 3 under the terms of that agreement.
Roll call vote; Councilmembers Torre, yes; Richards, yes; Semrau, yes;
Paulson, yes; Mayor Klanderud, yes. Motion carried.
Councilman Semrau moved to adopt Ordinance #22, Series of 2004, on first
reading; seconded by Councilman Paulson.
Loren Ryerson, chief of police, said this ordinance is in the public interest
and will bring the issue of the potential danger with imitation guns into the
community consciousness. The goal of the police department is not to have
events with imitation guns happen. Councilman Torre asked if there will be
an effort to educate the teens. Ryerson said they have been working on this
through the schools.
Roll call .vote; Councilmembers Semrau, yes; Richards, yes; Paulson, yes;
Torre, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #18~ SERIES OF 2004 Obermeyer Place COWOP
Amendment
Chris Bendon, community development department, reminded Council
Aspen Valley Hospital pulled out of the Obermeyer project, which had an
effect on the financing of the project. AVH had planned to rent 9,000 square
feet for office 5,000 square feet of S/C/I in the basement as well as 36
parking spaces. The back up uses did not have the same financial power.
Council looked at this in May and sent this back to the COWOP task force.
This COWOP was mostly made up of original members. The COWOP task
force met May 17 and formulated a recommendation for Council, which is
contained in this ordinance.
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Regular Meeting Aspen City, Council June 14, 2004
The task force reviewed a request for removal of the medical office space,
relocation of the S/C/I space from the basement to the plaza level, addition
of one free market and one RO residential unit, use of the relocated S/C/I
space as office or NC space, and allowing the extra unallocated parking to
be sold or rented. The task force agreed with all the requests except for the
S/C/I relocated space. The original approvals provide for the replacement of
all existing S/C/I space that exists today plus replacement of some S/C/I
space that is entitled but not built, about 1700 square feet. The task force
agreed to lower the total of this S/C/I space to be what exists and allow the
NC space to expand from the original approval of 900 square feet to 2600
square feet, a total of the approval and the S/C/I not built. Bendon noted NC
space will bring more vitality to the project. Bendon said the vote was 12 to
2 in favor of the proposed changes: The BOCC representative and
Councilman Torre voted against the changes. Bendon said these changes are
compatible with the original goals set out by the task force and staff
recommends approval of the amendment.
Tim Belinski, Obermeyer Development Company, told Council when the
hospital pulled out, it was too late to change the project. Belinski told
Council they are under contract for the residential units and the clock is
ticking on those contracts. Belinski said they have done a lot of tenant
relocation and they need to move forward. Bob Shiller, arChitect, stated this
is basically the same project that Council approved one year ago. The
arrangement of the buildings remains the same, the pedestrian circulation
remains the same, the access remains the same, and the integration of the
uses remains the same. Shiller reminded Council the addition of medical
offices was after design and was added by moving wallS and buildings
around. The biggest change was a second level of parking for the medical
offices. Shiller told Council the project relocated all the mechanical
equipment to that lower level. It was too late to redesign all this when the
hospital withdrew. They eliminated the storage area for medical records.
Shiller showed drawings of free market housing, commercial space, deed
restricted housing. Shiller said most of the area designed for medical offices
will be converted into commercial space and one fi'ee market unit. Because
of the goal to have 1 to 1 ratio of free market to affordable housing, they also
propose an additional RO deed restricted unit.
Shiller said they would like permission to use the parking spaces that were
going to AVH to generate revenues. They are asking to increase the
allowable square footage for free market housing by 500 square feet, an
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Regular Meeting Aspen City Council June 14~ 2004
increase of less than 1% of the area of free market housing. Shiller noted
they are providing 1,000 square feet of deed restricted housing more than is
required. Shiller said they are only exceeding the approvals in square
footage in parking; however, off street parking is a public benefit. Shiller
reminded Council this project pushes the dimensional requirements envelope
and there is not a lot of room for more viable commercial spaces.
Shiller said the first goal agreed upon for this project was that the project
should reflect the citizen-based goals of the AACP. Shiller noted one goal
from the AACP is "our housing policy should bolster our economic and
social diversity, reinforce variety and enhance our sense of community by
integrating affordable housing into the fabric of our town". Shiller said this
project has category affordable housing, RO affordable housing and 22 units
of free market housing. Shiller said with this mix of housing and with the
mix of commercial uses, they hope this project will serve as a model for the
town,
Another goal was the preservation of the existing S/C/I uses and tenants.
Shiller said they have signed leases with most of the existing tenants and are
Working with other tenants. Shiller said another goal is that the project
should be economically viable for all parties. That is one reason for these
requests. This project is moving forward but the profit margin is very thin.
Shiller said the requested changes will help the economics and keep the
project moving forward. Shiller pointed out there is significant landscaping
going into the project; there is an effort to create a pedestrian connection
through the project to the Rio Grande. Shiller told Council there will be 198
off street parking spaces; 124 required spaces, and 74 Unallocated parking
spaces.
Mayor Klanderud opened the public hearing.
Galen Smith, 601 Bleeker and member of the COWOP team, supports these
changes and also allowing some flexibility in the uses and permitted uses in
the S/C/I zone to meet the changes in the community. Eddie Liebowitz,
current tenant, told Council he supports Obermeyer place. Liebowitz told
Council the deficit Obermeyer is facing has not been passed on to the S/C/I
tenants. Tom McCabe, COWOP member and S/C/I tenant, said he believes
in the S/C/I zone as an incubator zone. It is difficult for the S/C/I zone under
current economic conditions and Obermeyer is maintaining and upgrading
the S/C/I zone. These changes are important to keep the project
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Regular Meeting Aspen City Council June 14, 2004
economically viable. Toni Kronberg applauded Obermeyer for going
through the COWOP and for persisting through the process. Ms. Kronberg
said she feels NC uses will add to the vitality of the project. Dylan Johns,
P&Z and COWOP member, agreed the NC uses will add to the mix at
Obermeyer and the uses in NC are locally serving businesses, of which
Aspen can use more.
Mayor Klanderud closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #18, Series of 2004, on
second reading; seconded by Councilman Semrau.
Councilman Torre said he said on the second COWOP task force and voted
against the project. Councilman Torre said he wanted the project not to go
over the extra 500 square feet for free market housing and also that the S/C/I
space not be diminished. Councilman Torre said after discussing these
issues, he is in support of the changes and the project.
Rol.1 call vote; Councilmembers Paulson, yes; Torre, yes; Semrau, yes;
Richards, yes; Mayor Klanderud, yes. Motion carded.
ORDINANCE #19, SERIES OF 2004 Code Amendment Tree Removal
Permits
Stephen Ellsperman, parks department, reminded Council there have been 3
work sessions to come up with language for a code amendment on tree
removal. The amendments are to add an appeal process consistent with
other portions of the municipal code; an attempt to address the historic
resources giving means to remove a trees that may potentially damage a
historic structure; and minor amendment to update the existing language.
Mayor Klanderud noted staff his discussed eliminating verbal notices and
Section 13.20.020 (7) discusses verbal notices. Ellsperman said he will
change it to require written notice. Mayor Klanderud noted Tree Removal
Permits (d)(ii) states location of all trees four inches or over and in the
classification of trees some permits are required for 3" trees. Ellsperman
said they would like all trees listed.
Councilman Semrau questioned the statement "It shall be unlawful for any
person, without first obtaining a permit as provided herein, to relocate any
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Regular Meetin~ Aspen. City CounciI j?ne 14,..2004
tree" and asked if this means any tree or just those that are protected.
Ellsperman said this affects only trees within the definitions. Ellsperman
said they will add "as meets the definition of tree". Councilman Semrau
asked about the statement "may require the erection of suitable barriers
around all trees, including trees not included in the definition set forth".
Ellsperman said staff identifies which trees require protection and which
would not. Ellsperman said he will clarify this language.
Councilwoman Richards asked about limb removal that makes trees look
like a Popsicle. Councilwoman Richards noted this ordinance does not
speak specifically to branch damage. Ellsperman said he will add words like
"inappropriately limbing". Ellsperman pointed out a tree removal or
trimming permit is required to be posted on site.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Paulson moved to adopt Ordinance #19, Series of 2004, on
second reading with the additions of posting requirement and other
languages changes listed above; seconded bv Councilman Semrau. Roll call
vote; Councilmembers Semrau, yes; Paulson, yes; Richards, yes; Torre, yes;
Mayor Klanderud, yes. Motion carded.
Councilman Semrau suggested this ordinance be sent to all tree removal
companies in the valley.
ORDINANCE #207 SERIES OF 2004 - Adopting the International Fire
Code
Ed Van Walraven, fire marshal, told Council this adopts the International
Fire Code. The building department has changed to the International
Building Code and this is being consistent.
Mayor Klanderud opened the public hearing.
Steve Saunders said he hopes this does not add a lot of different
requirements as the building community has been working well with the
existing fire code. Saunders said he would hate to see contradictions or
duplication. Van Walraven said he worked with staff and this is much the
same as it has been in the past.
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Regular Meeting Aspen City Council June 14,~ 2004
Mayor Klanderud closed the public hearing.
Councilman Semrau moved to adopt Ordinance #20, Series of 2004, on
second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Richards, yes; Torre, yes; Semrau, yes; Paulson, yes;
Mayor Klanderud, yes. Motion carded.
RESOLUTION #54~ SERIES OF 2004 - Chart House Conceptual PUD
James Lindt, community development department, told Council this is a
conceptual PUD review for a 14-unit fimeshare project on East Durant. This
application was submitted in conjunction with a growth management scoring
request. The growth management committee failed to give this a passing
score. This was appealed to Council; Council remanded the scoring back to
P&Z to be rescored after the conceptual PUD review was complete.
Lindt pointed out each of the 14 units will be 3 bedrooms with a lock off
bedroom and a kitchen. The project proposes 4 two-bedroom affordable
housing units. The building is 62'3" with an FAR of 3.56:1. Lindt showed
Council elevations from Monarch, Dean and Durant. Lindt went over each
floor plan, showing the lounge and lobby and front desk on the 1 st floor and
2 timeshare units; the second, third, fourth floors all have 4 time share units.
The 5th floor has a gazebo and restaurant. The project proposes to excavate
down three floors, the first level is partially subgrade, which is where the
affordable housing units will be. Other uses in the below grade space are
storage, parking and game room.
Lindt told Council the applicant proposes improvements to the surrounding
rights-of-way including a sidewalk along Durant which will be moved out 5
feet to save cottonwood trees. They will join in the Dean street
improvements. Lindt told Council the proposed use is appropriate in the
underlying LTR zone, the intent of which is to provide short term
accommodations. Staff is concerned about the height of 62'3". Lindt noted
other lodges in the immediate vicinity are between upper 40' and lower 50'
in height and it would be more appropriate to be consistent with those
heights.
P&Z expressed concern about the west side yard setback w/th the Southpoint
condominiums. The setback is proposed at 4 feet. P&Z's conditions of
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Regular Meeting Aspen City Council June 14, 2004
approval include examining reducing the height as well as increasing the
side yard setback. Lindt told Council the restaurant use is a public amenity;
however, the neighbors express concerns about privacy and noise. P&Z
approved the restaurant as proposed. The applicant proposes 25 spaces in
the parking garage and 2 spaces off Dean street, which is .5 spaces/bedroom.
The LTR zone requires .7 spaces/bedroom. Lindt said the applicant could
provide more spaces in the garage, and they have agreed to study this before
final presentation. Lindt noted the applicant proposes to snowmelt the
sidewalks and the city engineer feels this is not appropriate and included
reasons why. P&Z felt snowmelt sidewalks would be a benefit because of
the pedestrian traffic.
Lindt passed out letters from Helen Levy, Marilyn & Mark Silverman and
Susan O'Neal.
Stan Clauson, representing the applicants Skip Behrhorst and Jim DiFrancia,
showed renderings of the proposed project, the adjacent buildings and the
existing cottonwood trees. Clauson told Council an examination by the
city's forester as well as an independent forester indicate the cottonwood
trees have a viable life of up to 50 more years. Clauson showed how the
sidewalk would come out 5 feet and the parking in front of the Chart House
would be parallel and the parking in front of Southpoint would be angle.
The city engineer feels this is an acceptable solution.
Clauson pointed out a public space at the comer of Monarch and Durant as a
sidewalk seating area to help add vitality to this comer. The proposed
rooftop restaurant will use some physical features of the old Chart House
restaurant. This project meets goals of the AACP by providing high quality
on-site affordable housing, being very close to transit, by providing locally
serving commercial space and businesses. Clauson told Council the
applicants have made a commitment to work with staff on the Dean street
project. Clauson noted the project proposes twice the amount of required
affordable housing and are to be categories 1, 2, 3, and 4 all two-bedroom
units.
Clauson showed a schematic of the bulk and massing and the proposed
height of the Chart House. 65% of the mass of this building is in the lower
stories. The building is 42' at the comer of Monarch and Durant. There is a
step back to 50' and the back comer is 43'3". The restaurant, which is only
5% of the mass of the building, is 58" high with a 4'3" clerestory on the
15
Regular Meetin~ Aspen City Council June 14, 2004
restaurant. Some adjacent heights are The Hyatt is 45' to grade and 58' to
the central tower, the Mountain Chalet is 53' to the roof peak, and St. Regis
tower is 77'. Clausen showed a drawing of how the height will be perceived
from Durant Avenue. Clauson told Council the proposed height is
consistent with how other buildings step up the mountain.
Clauson told Council most of the conditions of approval are fine. Condition
#6 states the final PUD plan shall indicate that the proposed entry plaza is
not located within the drip lines of any of the cottonwood trees to be saved.
Clauson said he discussed this with staff and the intention is to create a plaza
in this area and they might encroach on driplines. Clauson proposed
substitute language "the applicants will work with the parks department in
developing the final PUD plan which may include permeable surfaces and
other measures to protect the cottonwood trees". Condition #9 stating the
final PUD application shall include at most two gas log fireplaces". Clauson
noted two gas log fireplaces is correct; they intend to install as permitted by
the code unlimited gas appliances.
Clauson stated in condition # 16, it should be made clear they will install
appropriate improvements in Dean street and they will pay their reasonable
fair share if Dean street is improved: Clauson said condition # 18 states the
applicant shall study the possibility of providing greater west side yard
setback prior to submitting a final PUD. Condition # 19 discusses reducing
the height. Clauson pointed out P&Z was not so concerned with the height
but acknowledged they were concerned with the side yard setback. Clauson
told Council in the LTR zone, the required setback is 5 feet from the
property line. The building is setback 5 feet from the property line. The
Southpoint condominiums are setback 5 feet but their balconies protrude 4
feet so that the front face of the balconies of the Southpoint are only 1 foot
from the Property line. The separation between the buildings would be 10'
to the main building and 6' from the balcony. Clauson told Council it is not
possible to shift the building to the east so it is an issue of reducing the size
of the building to get a greater setback than the required 5 feet. Clauson
showed how this might work with an additional 5 foot setback, to give a 15
foot space between the buildings. This will result in the elimination of 2 to 4
units. Clauson reiterated the code °nly requires a 5 foot setback from the
property line.
Clauson pointed out the view planes from the Wheeler and Mountain Queen
are not a concern. This project is an excellent candidate for infill. A lodge
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Regular Meeting Aspen City Council June 14, 2004
is the highest and best use for this location, Clauson requested Council
approve this with a commitment to increase the side yard set back 5 feet and
to accept the height as proposed. Councilwoman Richards asked the size of
the units. David Brown, architect, said they are proposed at 1700 to 2200
square feet.
Councilman Torre said the employee units appear to be in the basement.
Clauson said two units would be fully exposed on the Durant street side and
two units will face a retaining wall on the south side. 3 of the 4 units can
look out without being enclosed by the light well, which is 5 feet wide and 8
feet high.
Mayor Klanderud opened the public hearing
Zoe Lloyd, speaking on behalf of her mother a property owner at
Southpoint, asked if this building goes down 3 floors, what is the remedy if
the structural integrity of neighboring buildings is compromised. There is a
concern about the rooftop restaurant and the noise. The height creates a
boxlike effect on the neighboring properties.
Carol Farino, Southpoint owner, said there has been water coming down
through this area. Southpoint mitigated this last summer at some cost. Ms.
Farino said if this is excavated 3 floors, this may compound a situation the
neighbors have tried to remedy. Ms. Farino said she would like the
restaurant floor eliminated. Ms. Farino said she is concerned about parking
and traffic generation and this project should at least build parking to the
code requirement.
Van Tolgrin, Southpoint owner, told Council they met with the applicants
previously and asked for 20 foot separation. There should be at least 15 feet
separation between the two buildings. Lydia Von Tolgrin asked why the
parking in front of Southpoint will be changed and there will be more cars
parked in front of Southpoint. Lydia said they told the applicants if they
were given 20 feet separation, they would not contest the height. Joyce
Dancer, Southpoint, said she, too, is concerned about the lack of light and
the more setback, the more light. Mark Fryrish, Aztec Condominiums,
noted this building is behind the Chart House building. Fryrish said it does
not make sense to have a building of this mass in this neighborhood, which
is a mixed use with low buildings.-.:This is a quiet residential neighborhood
and people using the restaurant will make noise and disrupt the quiet
17
Regular Meeting Aspen .Ci ,ty~Counci! June 14~ 2004
enjoyment of the neighbors. This project should fit in the neighborhood.
Fryrish said the neighbors are dependent on Council's decision.
Peter Thomas, representing Southpoint owners, said this building is too
close to Southpoint. Thomas noted the LTR zone allows a maximum FAR
of 1:1; the applicants are proposing more than treble the allowable FAR to
3.56:1. They are building a.big building to maximize their project. Thomas
reiterated every member of P&Z stated that the west setback was
unacceptable. Adam Goldsmith said this building looks huge and is too big.
Goldsmith said the developer is asking for more than they know they will
get. Goldsmith said the restaurant is not important to the economics of the
project and could be removed. Stan Hjunga, Mountain Chalet, said one can
still see the back of the mountain behind their lodge. Hjunga said it should
not be Council's plan to allow building to block off views of the mountain.
This is bad for the neighborhood, for the guests and for the community.
Hjunga noted Council allowed the Dancing Bear at 38' and that is the most
Council should allow. Toni Kronberg noted the city has a landuse Code and
allows buildings of a certain dimension. It is up to the Council to enforce
the current zoning laws and the AACP. Ms, Kronberg stated the views of
the mountain have to be protected.
Mayor Klanderud closed the public hearing.
Clauson reminded Council the construction of the Isis Theatre went very far
below grade and this construction will be very similar and construction
techniques to stifeguard the adjacent properties will be maintained. Clauson
said they believe there are no issues with this construction. Clauson said this
construction should keepthe Southpoint water free. There can be no run off
from a building that would negatively effect adjacent properties under
current construction codes.
Councilwoman Richards moved to suspend the rules and extend the meeting
to 10:00 p.m.; seconded by Councilman Torre. All in favor, with the
exception of Councilman Semrau. Motion carried.
Clauson went over the parking scheme showing parallel and diagonal to help
even the street and allow the installation of a sidewalk and save the
cottonwood trees. Clauson said this is the LTR zone which is designed to be
a neighborhood that encourages and provides for the development of lodges.
Clauson noted the AACP says it would be good to develop more lodging
18
Regular Meetin~ Aspen City Council June 14~ 2004
within the Aspen community. Clauson told Council the restaurant was
proposed as a community amenity. The height can be taken down by
eliminating the clerestory which would bring the building to 58 feet.
Clauson presented some computer photographs showing that this project will
not hurt the views of Aspen mountain and will not block the experience of
the mountains from Wagner park.
Jim DiFrancia told Council the applicants had committed to studying the
distance between the two buildings. DiFrancia said 20' caused too great a
loss to the overall square footage; 15' is workable. DiFrancia said they will
mitigate with architecture treatments to the Chart House, like reducing the
size of the windows, having no balconies on the west. DiFrancia reiterated
for P&Z the setback was a greater concern than the height.
Lindt'noted the applicants have proposed parking and traffic mitigation with
a van, a fleet of bicycles, free bus passes to employees. This is the standard
mitigation for lodge developments. Councilman Semrau asked ifP&Z
addressed the FAR of 3.56:1. Lindt said P&Z was not really concerned with
FAR andwas more concerned about the setback. P&Z did express some
concern about the height.
Councilwoman Richards said she feels the conceptual review is the
appropriate time at which to address height, density and mass of a project.
Councilwoman Richards noted this project is proposed at 34' over the height
allowed in this zone district. This zone allows 28' and the Chart House. is
proposed at 62'. Councilwoman Richards said to allow variances in a pUD
should be done for exceptional projects. The Dancing Bear was allowed at
38'. Councilwoman Richards said she is concerned about the quality of the
affordable housing units. It seems like the rear two units do not have any
natural sunlight but are in a 30' tunnel. Councilwoman Richards said it does
not seem that there is enough space for a functioning restaurant either on the
top level or the first floor level. Councilwoman ~ch~ds ~stated,~he cannot
support this project; it has a lot of fatal flaws.
Mayor Klanderud agreed this is too much on too small a space. The project
is too high and too close to its neighbor. Mayor Klanderud said an
underlying issue is the unintended consequences. Mayor Klanderud said
there has been some talk about making the LTR zone strictly lodges;
however, that may cause permanent residents in and around this area to
move out. Mayor Klanderud said she does not want to drive residents out by
19
Regular Meeting Aspen City Council June 14~ 2004
allowing huge lodges. Mayor Klanderud said she would like to see some
development on this site and would prefer to see lodge units; however, she
cannot support this project in this configuration.
Councilman Semrau said the two rear affordable.units are marginal;
however, since they are not required mitigation, he would accept them with
lightwells. Councilman Semrau agreed 62' is inappropriate. Councilman
Semrau said he would like the height brought down to 38', which was the
height approved for Dancing Bear. Councilman Semrau suggested the
building could be moved into the east setback to give more space to the
Southpoint condominium. Councilman Semrau said he does not feel the
restaurant is a large enough community amenity for the extra height.
Councilman Paulson agreed this is too big. There are existing land use
codes that should be followed. Councilman Paulson said no matter what
limit is set, people always request 50% more than is allowed. Councilman
Paulson said he cannot support this project; it is too big. C°uncilman
Paulson said he is concerned that building in this area will destroy the view
and will compete with the mountain. Councilman Torre said he shares the
concerns of his fellow Council. Councilman Torre said he would like a
project of this type but not of this size and mass.
Councilman Semrau moved to continue Resolution #54, Series of 2004, to
July 26; seconded by Councilwoman Richards. All in favor, motion carried.
RESOLUTION #48~ SERIES OF 2004 Aspen Highlands Village PUD
Finding of Substantial'Compliance of Subdivision Approval
Mayor Klanderud said the subdivision improvements agreement has nothing
to do with the housing complaints. Sarah Oates, community development
department, told Council staff is requesting approval _of the change in
transportation plan from what was proposed 6 years ago. Ms. Oates noted
there is an exhibit in the packet that outlines the differences. This revision in
transportation is for an on demand dial-a-ride service. There is a letter from
Bob Daniel, Hines Highlands, updating Council on what has happened since
he met with the building department and representatives of the homeowners
association. One specific building issue id that the sidewalks and stairs are
not inconsistent in heights.
Mayor Klanderud opened the public hearing.
20
Regular Meeting Aspen_City CounciI ~,e~4.,,2004
Laurie Resh, Wille residences, expressed concern about the safety of the
children in front of their buildings. This street is where the buses and vans
go. There are 11 children under 5 in this complex. The distance is 35 feet
from the door to the roadway. Ms. Resh requested Hines be responsible for
the construction and financing of the fence. Ms. Resh told Council this has
been approved by the design review board as well as the metro board.
Steve Saunders, Wille residences, told Council these units are falling
apartment. They were poorly designed. This is affordable housing in the
city's inventory. If the Council does not get resolution on these units, more
and more issues will come up. Tim Reed, Wille residences, said they have
had problems for 2-1/2 years with their unit, leaky roof, sidewalks, the
heating system, landscaping issues. Reed said these issues have to do with
the integrity of the housing program. The residents feel strongly enough
because they think this is work pursuing.
Brett Cook, Cloud Nine, told Council there are issues with mold in some of .
the units; this has not been adequately repaired. Cook said it is very difficult
to get people to pay attention to these issues. Cook said he has structural
issues with his roof. Charles Fagan told Council the homeowners
representative have met with Bob Daniel on site to go over their issues.
Fagan said they are trying to get a meeting with the contractor on the safety
issues. Walter Chi, Cloud Nine, pointed out there are issues with the road,
which is substandard. Chi noted the homeowners are paying for
transportation services in their homeowners' dues.
Mayor Klanderud closed the public hearing.
Mayor Klanderud noted this is a very complex issue. The project was
approved by Pitkin County and then annexed into the city. Mayor
Klanderud said she would like to know who accepted what work and whose
responsibility it is to enforce these types of issues. Mayor Klanderud said
this may be a situation where the homeowners have to go to court to get
resolution. If the city is responsible for this, how can the city help facilitate
a solution or what role does the city have in this situation. John Worcester,
city attorney, said a lot of these are warranty issues and the city would not
have a role in solving those. The condition of the road is directly related to
the subdivision improvement agreement. The developers may have some
responsibility. Mayor Klanderud said something needs to be done and it
21
Regular Meeting AsPen ~city Council June 14, 2004
does not seem like any progress is being made. Worcester noted the
warranty issues are not tied into the subdivision improvements agreement
and are not technically the responsibility of the developer since the
warranties have been turned over to the homeo~ers. MS.~ Oates. noted the
county signed off on a lot of the infrastructure.
Councilman Semrau said he understands that the developer has recourse on
the building issues if these buildings were not built to specifications. Bob
Daniel, Hines Highlands, told Council he did a walk-through with the
homeowners and asked them to compile a punch list to see what
documentation has been provided to Colorado First. Councilman Semrau
said he does not feel the city has the right to link warranty issues to the SIA;
however, the city does have the responsibility to help these homeowners
with their recourse against the builder. Councilman Semrau said the
developer has a moral responsibility to help with the warranty.issues.
Councilman Semrau asked if there are current building code violations.
Stephan Kanipe, chief building instpector, said there are.
Reed told Council this process came about because the homeowners had to
hire an attorney in order to get their heat turned on. Reed said they are not
opposed to hiring an attorney but had hoped to avoid that process.
Councilwoman Richards agreed it is the developer's role to assist the
homeowners in finalizing the building issues. Councilwoman Richards
stated she is not comfortable signing off on approving a different
transportation plan. Councilwoman Richards said she would like .the
questions raised by the Mayor to be answered before going any further.
Councilwoman Richards said if this is not done right, it will come back to
the city again and again. Randy Ready, assistant city manager, noted the
housing is not part of the SIA. Mayor Klanderud stated the city needs to
insure these problems have been resolved; however, that is out of context
with approving compliance with the SIA.
Councilman Torre moved to suspend the rules and extend the meeting to
11:15 p.m.; seconded by Councilman Paulson. All in favor, with the
exception of Councilman Semrau. Motion carried.
Daniel said the warranties have expired on a lot of these issues. Daniel said
the SIA and the homeowners' concerns are two separate issues. Daniel said
the issuance of Certificate of occupancies on the housing is evidence they
fulfilled their obligations. Daniel said he cannot address the specific
22
Regular Meeting ASP eh_ ~C~,i~._C o ~,c~!
concerns without more information. Daniel said he will work with the
homeowners on their concerns. Councilman Torre agreed he does not want
to sign off on this until Council is more comfortable with, the reso!uti0nof
the homeowners' concerns. Councilman Torre said this is Aspen's
employee housing. Councilman Paulson said he would like more research
on the city's responsibility. Councilman Torre said it is only by having this
SIA on the table that there is some way to help the homeowners.
Councilman Semrau noted the homeowners may have a good case against
the contractor and Hines and can recover some of their costs.
Councilman Semrau moved to approve Resolution #48, Series of 2004;
seconded by Mayor Klanderud. All in favor, with the exception of
Councilmembers Paulson, Torre and Richards. Motion NOT carried.
Councilwoman Richards moved to continue Resolution #48, Series of 2004,
to July 12 and to ask Hines to spend the next month curing this problem;
seconded by Councilman Torre.
All in favor, with the exception of Councilman Semrau and Mayor
Klanderud. Motion carried.
RESOLUTION #SS, SEmES~OF 2004.7-Moore PUD Finding of
Substantial Compliance of Subdivision Approval
Councilman Semrau moved to approve Resolution #55, Series of 2004;
seconded by Mayor Klanderud. All in favor, motion carded.
RESOLUTION #56, SERIES OF 2004 - Patriot Act
John Worcester, city attorney, told Council this resolution indicates concerns
about the way in which the USA PATRIOT Act is currently written. The
resolution asks that the Colorado delegation look at the Act to make sure it
does not infringe on civil liberties. Si Coleman said he feels it is important
for Council to take a position that travelers to Aspen be treated respectfully.
Councilwoman Richards moved to approve Resolution #56, Series of 2004
amending it to state that international tourists expect a welcome experience
in Aspen; seconded by Councilman Semrau. All in favor, motion carried.
23
Regular Meeting . Aspen CitYC,0uncil June 14, 2004
REQUEST FOR FUNDS - Town of Granby Relief
Council agreed to consider this at their special meeting June 15th SO staff has
time to research where the moneymight best be sent.
Councilwoman Richards moved to go into executive session at 11:15 p.m. to
discuss the acquisition of property, two parcels, pursuant to C.R.S. 24-6-
402(4)(a); seconded by Councilman Torre. All in favor, motion carried.
Councilwoman Richards moved to come out of executive session at 11:40
p.m.; seconded by Councilman Torre. All in favor, motion carried.
Councilman Torre moved to adjourn at 11:40 p.m.; seconded by Councilman
Semrau. All in favor, motion carded.
Koch, City Clerk
24