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HomeMy WebLinkAboutminutes.council.20050124Reuular Meeting Aspen City Council January 24~ 2005 OUTSTANDING EMPLOYEE BONUS AWARD ........................................................... 2 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 MINUTES -January 10, 2005 ........................................................................................... 3 FIRST READING OF ORDINANCES .............................................................................. 3 · Ordinance #6, 2005 - Stage Road Subdivision Final PUD and Initial City Zoning 3 · Ordinance #7, 2005 Code Amendment - Mixed Use Zone District .................... 3 · Ordinance #8, 2005 - Soldner/Burlingame Ranch Initial Zoning .......................... 3 ORDINANCE NO. 7 ........................................................................................................... 3 ASPEN SATURDAY MARKET ....................................................................................... 4 ORDINANCE #37, SERIES OF 2004 - Aspen Consolidated Sanitation District Master Plan SPA ............................................................................................................................. 5 ORDINANCE #49, SERIES OF 2004 - Highlands Villas Annexation ............................. 8 ORDINANCE #48, SERIES OF 2004 - Code Amendment Open Space TDRs ................................................................................................................................. 8 ORDINANCE #50, SERIES OF 2004 - Fox Crossing Subdivision ................................ 10 ORDINANCE #1, SERIES OF 2005 - Little Ajax PUD ............................... 16 ORDINANCE #2, SERIES OF 2005 Code Amendment Seasonal Outdoor Food Vending ............................................................................................................................. 20 Regular Meeting Aspen City Council January 24~ 2005 5. Councilwoman Richards said she is going to a CAST meeting Friday. Councilwoman Richards said there may be discussion on a state wide RETT or allowing counties to pass a RETT. 6. Mayor Klanderud said the RFTA board previously discussed selling the railroad ties, which could potentially bring in quite a bit of money. There is commitment on the RFTA board and that was part of the tax question to fund the trails and to have the entire system done by 2010. Trail advocates are pushing to have that done before 2010. Mayor Klanderud requested Council give thought to this issue before the next RFTA board meeting and pass their thoughts on to Councilman Paulson and herself. MINUTES - January 10, 2005 Councilman Torre moved to approve the minutes of January 10, 2005; seconded by Councilwoman Richards. All in favor, motion carded. FIRST READING OF ORDINANCES · Ordinance #6, 2005 Stage Road Subdivision Final PUD and Initial City Zoning · Ordinance #7, 2005 - Code Amendment Mixed Use Zone District · Ordinance #8, 2005 Soldner/Burlingame Ranch Initial Zoning Councilwoman Richards moved to read Ordinances 6, 7, 8, Series of 2005; seconded by Councilman Torre. All in favor, motion carded. ORDINANCE NO. 6 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FINAL PLANNED UNIT DEVELOPMENT, SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION, SPECIALLY PLANNED AREA, AMENDMENTS TO THE OFFICIAL ZONING MAP AND VESTED RIGHTS FOR THE STAGE ROAD SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 7 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.180 - MIXED-USE (MU) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE. 3 Regular Meeting Aspen City Council January 24, 2005 ORDINANCE NO. 8 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL ASSIGNING THE SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL NO. 1 TO THE CONSERVATION (C) ZONE DISTRICT. Councilwoman Richards moved to adopt Ordinance #7, Series of 2005; seconded by Councilman Torre. Roll call vote; Councilmembers Richards, yes; Paulson, no; Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. Councilwoman Richards moved to adopt Ordinances #6 and 8, Series of 2005; seconded by Councilman Semrau. Councilman Torre asked if the cultural uses are included in Ordinance #6. Chris Bendon, community development department, told Council this is part of the application and Council may remove that from the Ordinance at second reading. Councilman Paulson said he opposes rubber-stamping ordinances on first reading. The first and second reading should have equal weight. Roll call vote; Councilmembers Semrau, yes; Richards, yes; Paulson, no; Torre, yes; Mayor Klanderud, yes. Motion carried. ASPEN SATURDAY MARKET Bill Dinsmoor, chairman CCLC, requested approval of the Saturday market for 2005. There are no changes in location. Some incremental operating changes were made during last summer's market. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud said the main comment she received is that there is not enough produce early on. The market is supposed to be Colorado grown and she would like the produce vendors see what they can do to get more produce for the market in June and early July even if it is from out of state. Mayor Klanderud said she likes the idea that local memhants have volunteered for the selection of craft vendors and hopes it goes well. Councilman Torte thanked everyone involved in last year's market; it is a tremendous asset in the summer months. Councilman Semrau thanked Bill Dinsmoor and the CCLC for all their work in producing the market. Dinsmoor requested Council approve the market for several years rather than this be an yearly agenda item. Council said they prefer to review it annually. Regular Meeting Aspen City Council January 24, 2005 Councilman Torte moved to approve the Aspen Saturday Market in its current location for the 2005 season; seconded by Councilwoman Richards. All in favor, motion canied. ORDINANCE #37, SERIES OF 2004 - Aspen Consolidated Sanitation District Master Plan SPA Chris Lee, community development department, noted there are 4 issues from previous meetings that Council should address; the residential design standards, building heights, ownership and vested rights. Heather Stone, Design Workshop, said the applicants heard Council wished to retain the berms and to open the views to Aspen Mountain. Ms. Stone said changes that have been made result in a better project. Lee pointed out with this site, not all residential design standards fit, like secondary massing. This design is around the existing black top. Staff feels the applicant has met the guidelines as much as possible. One guideline is that houses are directed towards the street. This is more of a private access, not on a street. Lee requested the design standards be waived because of the special location and the design around this location. The waiver of design standards should be outlined in the PUD. John Cottle, architect, reminded Council they asked the applicants to look at reducing or eliminating the third floor, including looking at enlarging the footprint. Cottle said this is an affordable housing project and the repetitiveness of the modules keeps cost down. Custom design of units increases costs. The project started with 4 clusters the same. The project now has 2 clusters the same and 1 with variation. The original design for each fourplex was 2 two-bedroom units and 2 one-bedroom units. Cottle showed some examples of redesigning the fourplexes and outlined the reasons the applicant does not favor these solutions. Cottle pointed out one building to the third point of the roof is a 28-foot building. The code's measurement are to existing grade or finished, whichever is more. The other cluster is 32 feet and the ridge is 4 feet higher. The buildi~ag that has received the most objection is 30 feet to the l/3-point and 4 more to the ridge. Cottle reminded Council they lowered the buildings between 8 to 2 feet. Bruce Matherly, ACSD, noted Council discussed the requirement of the housing office to get 1/10th interest in the housing. Matherly suggested an intergovernmental agreement to accomplish the same thing. Council and the applicants agreed to have their attorneys work out agreements, which they have. John Worcester, city attorney, said the agreement is one the city can enforce in the future. If the project or units are sold, the city will receive lA of 1% at that time. Chris Bendon, community development department, brought up the last issue, vested rights. Bendon reminded Council the city asked the Sanitation District to do a master plan about 8 years ago as the city wanted to know what the ACSD planned to do with their 3.5 acres. Bendon said the concept of master plan and of vested rights is to provide reliance on both sides. Bendon told Council staff likes the plan and thinks it is appropriate and does not have a problem with a long vested right. Bendon pointed out these will not be built all at once but will be built on demand and financial capability. Regular Meeting Aspen City Council January 24, 2005 Bendon said what will not vest are changes to life, safety codes. Staff supports the 15- year vesting period to allow for the affordable housing to be vested. Councilman Semrau noted there are no references in the ordinance to the residential design standards. Councilman Semrau asked if the standards are all being waived. Lee said this can be covered in the PUD. Bendon noted any changes would have to have Council approval. Councilman Semrau suggested that the specific guidelines the applicant is requesting to be waived should be listed in the ordinance or the PUD agreement should be changed. Lee said the 3 that will be waived are orientation, building form and secondary mass. Councilwoman Richards asked if the third floor were removed, how much smaller would the project be. Cottle said the third floor is a bedroom for the second floor units. The fourplexes would be 3 one-bedroom and 1 two-bedroom units. Cottle said part of the project is to provide more family-style housing. The ADA rule is to have equivalent units in all accessible buildings. Mayor Klanderud opened the public hearing. Toni Kronberg noted the AACP states affordable housing should be in town and dense. Ms. Kronberg said all the lodge projects Council has approved in the past several years have received height variances. Ms. Kronberg said comments about affordable housing are that people need livable spaces. Ms. Kronberg said taking away the extra bedroom is making units less livable. Ms. Kronberg said Council should approve the original application with 21 units. Mayor Klanderud closed the public heating. Councilman Paulson asked about protecting the view corridor of Aspen mountain along the trail; how will the parks department make sure the view is maintained. Stephen Ellsperman, parks department, said they will work with the applicants with view corridors and riparian restoration in mind. Councilman Semrau asked if the city had ever granted vested rights for 15 years. Bendon said the Aspen Meadows had a longer time and there is a proposed longer vested for the Bar/X ranch. Worcester clarified vesting approval for 3 years does not mean the approvals go away after 3 years. The vesting allows the applicants a guarantee there will not be intervening changes of the law that will affect their project. Mayor Klanderud noted not all land uses reviewed by Council are master plans from other quasi-governmental bodies. Bendon agreed the city rarely sees a phased plan. Mayor Klanderud said this plan is linked to the purpose of the applicant. Councilman Semrau said this is a great master plan for day; however, as a policy giving 15 years vesting is a bad idea. The city wants to force applicants to improve their projects as the rules are improved or changed. Worcester said there is also common law vesting, which is court created and is equitable relief stating once an applicant has 6 Regular Meeting Aspen City Council January 24~ 2005 approval and spends money in reliance on that approval. The court will state that rules cannot be changed after money is spent. Councilman Semrau agreed the appearance of the third story on one of the buildings from the trail will make people unhappy. Cottle reiterated this is affordable housing and the design is already pushing the limits by having two different designs. Councilman Semrau said he does not favor going over the height limit for that third story. Mayor Klanderud said she supports the design. Mayor Klanderud said she is sorry 5 units were cut out of the plan. Ms. Stone said from a site perspective, this is like a balloon and if the height is pushed down, the footprint has to go somewhere. If the footprint is spread in an east/west design it becomes mom block like. The design tries to capitalize on the solar exposure; each fourplex is about 25% solar exposure to their footprint. The increased coverage decreases the integrity of the open space and more storm water retention area would be needed. Councilwoman Richards agreed the parcel is unique and when it was the sanitation plant, thought was not given to having residences there. This is a municipal facility into which all citizens pay. Councilwoman Richards suggested higher Sanitation District rates in order to have the project done fight. Councilwoman Richards said she would like to see what can be reworked with the design in order to eliminate the unit sticking into the view. Councilwoman Richards asked if the approval could be amended in the future to allow for more development. Bendon said this is a PUD and Council would have to approve a PUD amendment. Councilman Paulson asked why the two buildings cannot be rearranged. Ms. Stone said this would interfere with the views up Independence. Matherly reminded Council the reconfiguration was done as a result of the site visit with Council, looking at the different view planes and preserving what they could. Matherly said these units need to remain affordable. The ACSD has had employee housing on site since 1975. Matherly said they would like approval to master plan the site for affordable housing to meet their needs over the next 15 years. Matherly pointed out the ACSD reserved the fight for future uses of the trail itself related to the function of the ACSD, one of which is construction of employee housing. The ACSD has 18 employees, 9 of whom are housed on site. Councilman Semrau said he feels the 400 square foot bedroom on the top floor could be moved. Mayor Klanderud said the purpose of this master plan is to provide a commtmity need; affordable housing has been identified as a need, and the Sanitation District has taken a lead to provide for their employees. The ACSD revised the original plan. Mayor Klanderud noted no adjacent homeowners are present. Ms. Stone said the homeowners were part of the design process. Councilwoman Richards said this project is over-reaching and is too much for her to approve. Councilman Semrau said the 30-foot wall facing the trail is too difficult to accept; that is the only part of the project that he cannot approve. Councilman Paulson said he, too, has a problem with the building sticking into the view plane. 7 Regular Meeting Aspen City Council January 24, 2005 Councilman Torte said he can support this proposal; it seems to have minimal impacts on the trail. Councilman Torrc said he will support the 15-year vesting. Mayor Klanderud stated she supports this project as reconfigured. Councilman Semrau said he would like the ordinance amended to include the residential design standards exceptions - secondary mass, building orientation and building forms, and to include affordable housing guidelines currently in effect. Councilrhan Semrau moved to continue Ordinance #37, Series of 2004, to February 14th with the request to the applicant to remove the top floor on the most easterly building; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #49~ SERIES OF 2004 - Highlands Villas Annexation John Womester, city attorney, told Council this is an existing subdivision in the county with 16 units, all of whom petitioned to be annexed into the city. Worcester noted this ordinance acknowledges the PUD agreement granted by the BOCC to allow the 16 homeowners to enclose their patios and porches. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #49, Series of 2004, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Torre, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #48, SERIES OF 2004 - Code Amendment Open Space TDRs Mayor Klanderud explained this and Ordinance #50 were separated after first reading since the code amendments stand alone and are for general application. Councilmembers Richards and Paulson have to recuse themselves for Ordinance #50 because they live within 300 feet of the proposed subdivision. Mayor Klanderud stated she was a guest of Camilla Auger's at a Clinton fundraiser. Councilwoman Richards said she, too, was a guest of Ms. Auger's. Chris Bendon, community development department, told Council these two code amendments were proposed by Walnut Property LLC. One amendment deals with the historic TDR program and provides for two historic TDRs to be landed per residence for properties within a subdivision that have been approved through a subdivision process. These TDRs cannot be landed next to or directly adjacent to a historic resource. This will be approved through the standard subdivision process, which includes noticing and review by P&Z and Council. This will also require a recommendation from HPC. Bendon said staff supports this and sees it as a financial incentive for the TDR program. In order for the TDR program to be successful, it has to work for the private sector. Regular Meeting Aspen Ci,ty Council January 24~ 2005 Bendon said the second amendment is preservation of open space parcels in or outside of the city. This would allow Council to grant development allotments within the city in recognition for a developer preserving and deed restricting an open space parcel. A recommendation from the Open Space Advisory Board is required. Council can look at how important the open space parcel is, how visible is it from town, is it part of a trail connection, what development would be allowed on the parcel. Bendon told Council staff supports this code amendment as another way to acquire open space for the community. Stan Clauson said these code amendments are important for the Fox Crossing project but also because they reinforce preservation of historic resources and obtaining more open space. This ordinance was reviewed by the HPC, who approved it, and P&Z, who also approved it. Clauson pointed out these code amendments will not increase density in a subdivision, just relocate mass within the subdivision and allow development without going through the growth management process. Camilla Auger said the thought behind the historic TDRs is to introduce more flexibility in a subdivision rather than putting one TDR on every lot. Mayor Klandemd opened the public heating. Jon Busch said this TDR is by right rather than by review and it could create more monster homes in the city. Mayor Klanderud closed the public heating. Mayor Klanderud said these TDRs can only be applied to a subdivision where them is a historic resource. Mayor Klanderud noted these code amendments are by review not by right. Mayor Klanderud asked where this might apply in the city. Bendon said these TDRs cannot be used as part of a historic lot split as the TDR has to be one lot away from the historic lot split. Mayor Klanderud reiterated the TDRs allow for increased FAR not additional development rights. The open space transfers are development tights. Bendon said Council will have to determine the development rights of a particular property proposed for open space; the code amendment has no formula. Councilwoman Richards asked if Council can determine where in a subdivision would land. Bendon said Council may. Councilwoman Richards asked why two TDRs would be permitted to land. Bendon said the city is relying on the private sector to preserve the historic resources through the TDR program and it needs to be financially interesting. Council may determine whether it is appropriate. The landing site will have to be identified. This allows exemption from the growth management system. Mayor Klanderud noted the ordinance is not clear that one receives a development tight they did not have before and that should be clear in the ordinance. Councilwoman Richards said the ordinance should also include that the receiving site cannot exceed the underlying FAR. ReRular Meetin~ Aspen City Council January 24, 2005 Councilman Semrau moved to adopt Ordinance #48, Series of 2004, on second reading, with the understanding that language will be added to clarify this is a building right as well as an exemption from GMQS and no more floor area than the underlying zoning; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #50~ SERIES OF 2004 - Fox Crossing Subdivision Councilmembers Richards and Pauls0n live within 300 feet of this property and need to recuse themselves. Councilman Paulson protested having to leave the room for this discussion. John Womester, city attorney, said Council adopted an ordinance which included acode of ethics for Council, together with conflict of interest. If one lives within 300 feet of a proposed project, it is presumed one has a conflict. The rules of ethics outline what a Councilmember is to do if it is deemed they have a conflict of interest. These rules require a Councilperson disclose their conflict, refrain from voting and physically absent themselves from the room. Worcester said the theory is that ifa Councilperson has a conflict, they should not be in a position to influence other members of Council, which requires absenting oneself from the room. Chris Bendon, community development department, told Council this land currently comprises 7 lots and the proposal is to divide them into 14 lots, one of which would be a park parcel. The 7 existing lots allow for a total of 13 homes and the proposed 14 lots would allow for a total of 19 homes. The existing 7 lots are between Lone Pine road, Race alley and Race street. The Griffith lot split, which is included in the property, was approved by Council several years ago. The Bennis property and the Walnut properties are also included. The Walnut parcel includes the railroad parcel, the garage parcel, 4 houses on the west side of Race alley which has merged under the county code and split into 2 conforming lots with 2 houses on each lot, one known as the north lot and one as the south lot. Bendon said the Walnut parcels all allow for a duplex as they are zoned R-6, a total of 8 residences. The Bennis property would allow for a duplex. The Griffith lot split approval provides for 3 residences total, a single residence and a duplex. This totals 13 residences allowed by right. Bendon said 3 of the parcels in the Walnut property are eligible for lot splits for the 8 development rights could be increased to 11 residences, which will require Council approval. The proposal is a resubdivision of all the land. The Griffith lot will be divided into 3 fee simple lots. Because they went through lot split approval, it cannot be lot split again and requires a formal subdivision. This will create 3 fee simple lots, each of which can contain a duplex to a total of 6 residences allowed, requiring one development right. There are lot line adjustments on the Griffith and Bennis parcels. There is a proposal for the railroad parcel to be lot split. It currently allows a duplex; ifa lot split is approved it would allow 3 residences and two new lots. This would require two development allotments. This would be a total of 5 residences on the Railroad parcel. 10 Regular Meeting Aspen City Council Januarv 24, 2005 The other house at North cabin site is proposed for a lot split to create two single-family sites. The old house and one cabin are historically designated. The old house plus cabin parcel becomes two fee simple lots each with one single-family house. The garage parcel is and remains a duplex lot. The south cabin is proposed for a lot split for two single- family houses each on one lot. Interior to the project will be a parcel dedicated to park. Bendon said one issue is Race alley. One of the city's subdivision standards requires a determination on whether or not there is adequate infrastructure to serve the subdivision. Race alley is a 20-foot fight of way developed as a two-way road. Bendon told Council the city engineer and fire marshal comment this is not adequate to serve the subdivision and it is not currently adequate. The options are to widen the road or to make it one-way. The traffic safety advisory agreed that the road is currently inadequate and that needs to be addressed by widening or one-way. Bendon noted by fight there could be an additional 8 residences along Race street or Race alley. Staff is recommending one-way is less destruction to properties along that right-of-way. Bendon said the historic TDR proposal is consistent with the code amendment just approved. The HPC gave a positive recommendation on moving the floor area around within the subdivision. Bendon pointed out there is no more than 500 square feet landing on any parcel. The parcels getting that extra FAR are along Lone Pine road and will be within the range of the houses in the Mocklin subdivision. Bendon pointed out the open space parcel is the Hunter Valley Way parcel, which the Hunter Creek trail crosses. This parcel is in the county and the zoning is AFR-10, which has one development right in the county of 5750 square feet, which could be increased to 15,000 square feet with TDRs. The allotments from that parcel into town provide for the full subdivision of the Griffith properties, which only requires one development allotment to go from 3 houses to 6. There would be 3300 additional square feet on the Griffith properties. Fox Crossing lots 8 and 9 are internal to the subdivision and could end up with residences and about 2200 additional square feet. These are not directly adjacent to the historic resources. Bendon noted the school dedication fees need to be added to the ordinance. Camilla Auger, applicant, told Council this is a diverse ama. They are proposing a low density, single-family development with a park in the middle, which will be open to the public. They also propose to help develop the park on Spruce street. Ms. Auger explained that the developers will give the Hunter Valley Way to the Aspen Valley Land Trust as a third party, it will be 20 acres of open space along the Hunter Creek trail. Ms. Auger said the plan is to restore the Griffith blue Victorian. The two cabins will be made into one residence while preserving the look of two cabins. Ms. Auger handed out letters from the fire department, the Smuggler trailer court homeowners association in support of the project, Dale Will the county's open space director, and adjacent property owners of Aley Park. Stan Clauson, representing the applicant, gave Council maps with roadway changes and increased readability. Clauson illustrated how this project will link a number of key open 11 Regular Meeting Aspen City Council January 24, 2005 spaces. There will be a trail from the north through the project and connecting to the Oklahoma Flats trail. The park to the south of the Aley property will be improved with a playground and a trail connection. Clauson showed the location of the historic house and the relocated cabins, which will be historically designated. Clauson said the pavement width of Race alley is 14+ feet in a 20 foot right-of-way with a wider right-of-way where is comes into Spruce street. Clauson said the condition of the wider section is a storage lot for vehicles. Clauson proposed the portion of the Race street right-of-way which follows the old railroad alignment be vacated to allow lot 1 to have a reasonable development width and Race street will be developed with a 28 foot right-of-way and 20 feet of pavement and an 8 foot parking shoulder. Clauson noted this is a subdivision, not a PUD, and there are no variances being requested. Every lot meets the minimum 6,000 square foot standard. There are no height variances being requested and no exemptions from the residential design standards. The proposal includes a permanent meadow, deed restricted and available for public use. Clauson said the original platting was to have this area be a very dense subdivision. Then the railroad needed a turnaround, which disrupted the subdivision plans. Clanson said interpretative signs will be included to provide background of the development of the area. Clauson presented an illustrative drawing indicating the densities and the intensity of development resulting from a code developed project. There is a stream that the developers hope to enhance. Gilbert Sanchez, architect, told Council he is working on restoration of the Griffith blue Victorian as well as the two log cabins. Sanchez said the cabins are excellent examples of post WWII rustic style. Sanchez pointed out what is unique about these 3 structures is the way they sit on the landscape. Sanchez went over the proposed renovation plans and told Council they have gone through conceptual with HPC. Sanchez said they have tried to respond to the neighbors' comments during this process. Ms. Auger noted they have attempted to move the density away from Race street, which can least support it. Clauson said they have looked at looping the water main onto Lone Pine. This water main currently dead ends on Walnut street. Jay Hammond, engineer, told Council there has been interest in providing a street through the project from Race street to Lone Pine. Hammond said the applicants looked at this in context within the project and what it would do to the neighborhood. Harmnond noted installing a road through the project would split the project into an east and a west project. Hammond said the east part of the project would generate about a net increase of 30 vehicles/day. Hammond pointed out the change of Race alley to a one-way street would bring more traffic. Hammond said the west side of the project will have mom density and would generate a net increase of 45 cars/day. ~tammond said from an internal standpoint, a connecting road would have negative impacts on the development plan, the context of the historic preservation, the context of the park. From an external standpoint, Spruce street is the only vehicular exit from the neighborhood to the north and could have up to 300 vehicles/day. Hammond said an 12 Regular Meeting Aspen City Council January, 24~ 2005 alternate route through the subdivision would create a new intersection off Spruce street, a new intersection onto Lone Pine, and the intersection on Gibson. This would add 2 turning movements and 2 stop signs. Hammond said for convenience and directness, going through the subdivision is not the best option. This would bring the new road close to Hunter Creek and the residents have expressed some concern about that road. Hammond recommended against a road through the project. Brian Flynn, parks department, said staff feels the Hunter Way parcel would be an important addition to the city's open space. It appears as the entryway to the Hunter Creek valley. Mayor Klandernd asked if there is access to this parcel. Bendon said legally there is access; however, physically there is no road. Mayor Klandernd said this parcel may be sterile. Councilman Semrau agreed Council needs to know what the development right is worth before they can assign development rights to another parcel. Ms. Auger pointed out the access through North Spruce street. Ms. Auger told Council there is a contract so the purchasers have an easement. When the purchasers are paid, they will relinquish the easement and Hunter Way parcel. Councilman Semrau asked if this application is rejected, would Ms. Auger provide access through her lot. Ms. Auger said she has provided the purchaser with the right that if they cannot pay them and affect the trade, they will have a development right. Ms. Auger noted that the combination of giving investors tax credits and allowing the project to raise the money to purchase the open space is a novel approach to obtaining more open space. Councilman Semrau said for Council's purposes this is a new subdivision. Councilman Semrau stated generally in new subdivisions of raw land, applicants require GMQS and 60/40 split with affordable housing. Bendon said that is correct; however, there is a lot of development right inherent in this property. These development rights run with the property. Ifa subdivision comes in to redistribute the existing development rights onto newly configured lots, this does not trigger a growth management review. There are 3 additional development rights this project relies on. These could be acquired through the growth management process where 60/40 would apply, or through some other mechanism. The code amendment is a mechanism to allow Council to acknowledge receipt of an open space parcel and to approve development rights in town, which is how the applicant proposes to acquire these 3 development rights. Mayor Klandernd asked what the housing requirement is in this subdivision. Bendon said for the lots that have existing development rights and are being redeveloped, the housing requirements is a cash-in-lieu payment or and ADU for each free market unit. For the new development rights in exchange for the open space parcel, the recently adopted code amendment states these parcels have to provide housing by cash-in-lieu or ADU. Councilman Semrau asked if staff checked with county to make sure there is a development right on the Hunter Way parcel. Bendon said there is one development right, which would allow a 5,750 square foot housing with TDRs up to 15,000 square feet. Mayor Klandernd opened the public hearing. 13 Regular Meeting Aspen Citw Council January, 24, 2005 Jon Busch submitted a letter for the record. Busch told Council he is the property most affected by this project. Busch pointed out the view of garages from his property. Busch said his first concern is parking. There is no public parking proposed anywhere in the subdivision, there is only parking for the residents. The additional nnits on Race alley are proposed while taking away parking on Race street. Busch said he would like the trail details finalized, where it will go, how wide it is, fencing, what the material will be. Busch stated he does not support putting a road through the subdivision. Busch said traffic slowing devices should be installed. Busch said he is concerned about the density of the project and would prefer not to have ADUs, which could double that density. Busch encouraged the applicant to keep all construction impacts on site. Busch said he supports the project with those caveats. Connie Harvey said this is a good project from the open space perspective. Ms. Harvey went over the history of Hunter Creek and the many battles to keep it open. Hunter Creek is Aspen's backyard; it is a wonderful place to go. Ms. Harvey said this is a creative way to keep open space and keep monster houses out. Councilman Torre moved to suspend the rules and extend the meeting until 11:30 p.m.; seconded by Mayor Klanderud. All in favor, motion carded. Muriel Frey, Hunter Creek resident, said she was told them was an easement to the south of Hunter Creek that nothing could be built on that area. Clauson said the applicants had a survey done and there is no easement on that open space parcel. Ms. Frey asked the distance between the Hunter Creek building and the new subdivision. JeffLester, Hunter Creek resident, said they like the comment about the applicant respecting the landscape buffer and the pond. Lester said they do not favor the road through the project on to Lone Pine. Ms. Auger said they are pleased to have the cooperation of Hunter Creek and do not intend to do anything adverse to the landscape. Councilman Semrau asked if they are willing to agree not to go up the embankment. Clauson said they would accept a condition that would create a building envelope for that lot. Lester said they like the public access to the open space area as well as having the historic buildings fronting that space. Lester said they thought there would be 3 homes fronting Lone Pine and doubling the density is a surprise. Tim McFlynn said one of the most important values in this valley is access to trails and open space. McFlynn said the ability to secure this valuable open space is inxmeasurable. Many citizens worked to secure permanent access into Hunter Creek. McFlynn said Council should work to take care of immediate neighbors' concerns in order to affect a larger community value. Robert Zupancis noted he is located on Race street and Walnut street. Zupancis pointed out the public portion of Race street is one half of a block and it cannot handle construction parking. Zupancis presented a letter for the record. The applicants have not addresed off site parking or visitor parking at all. Loren Ryerson said adding sidewalks to this area is important to address pedestrian ease of using this area. Ryerson noted it is not good policy of the city to add pedestrians to an area that is already inadequate for safety. Ryerson said a trail in the middle of a 14 Regular Meeting Aspen Citw Council January 24, 2005 subdivision is not adequate. The safety issues of this area need to be looked at. Ryerson said his preference is to widen Race alley rather than one-way it. Colleen Burrows, Spruce Street resident, said this application has increased from 11 to 13 to 19 units. Ms. Burrows said it appears there is enough land to subdivide again to a total of 21 units. Ms. Burrows would like Council to look at the possibility of any increased density. Ms. Burrows noted the impacts grow every time the neighbors see this application. Spruce street will have tO take all traffic from the development. Ms. Burrows said the neighborhood supports Race Alley remaining two-way. Ms. Burrows agreed the application has not addressed parking in the subdivision. Ms. Burrows requested Council look at the impacts being pushed out of the subdivision on to surrounding streets. LJ Erspamer, Spruce Street, said his biggest concern is that Race alley remain the same. Erspamer said they like the plan and have worked with the applicant. Erspamer said Council needs to look at the parking and the traffic in this area. Bill Stirling said he worked with the applicant to assemble this project. R-6 is the most dense zoning and the density in the west end is 8 houses/acre and this proposal is for 3 acre and a total of 19 units, which will be less dense than the west end. Stifling said an advantage of assembling all this property into one ownership and application is that it lends a coherence and pattern of development and a preservation of open space. Mayor Klanderud closed the public hearing. Councilman Semrau said there have been many questions raised by this application and he would like to continue this in order to have some of the questions answered. Councilman Semrau agreed that the trail through the project should be better defined, what it will paved with, how wide. Councilman Semrau said he would like to see sidewalks along the project, insuring real pedestrian access. Councilman Semrau said he would like to hear from the city engineer and fire marshal about the width of Race alley. Councilman Semrau agreed 14 feet cannot work for two-way traffic. Councilman Semrau requested staff check with Pitkin County to find out about the development rights on Hunter Way. Councilman Semrau stated this is not free open space; it is open space being traded for development. The code amendment states it is up to Council to determine what a development right is worth. Councilman Semrau requested a staff recommendation on which way to one-way Race alley, if it is made one-way. Councilman Semrau said he would like an outline of the applicant's intentions on ADU or cash-in-lieu. Mayor Klanderud said she is concerned about sufficient parking on site and the neighbors should not have to bear the brunt of parking being pushed onto their streets. Mayor Klanderud noted the park will remain part of the subdivision and will be maintained by the homeowners. Mayor Klanderud said she is concerned about access by the general public in the future. Mayor Klanderud stated this does not serve a public park amenity but a great open space for the homeowners. Mayor Klanderud stated she wants assurance that this will remain available to the general public. Mayor Klanderud stated Hunter Way has been acting as open space for years and years. Mayor Klanderud 15 Regular Meeting Aspen City Council January 24, 2005 requested the applicants look into dedicating a park across Lone Pine where the bus stop is located. Councilman Semrau stated when Council approves subdivisions, it is the chance to get safe pedestrian access, safe parking, safe fire access. Councilman Torre agreed about not expanding burdens to the surrounding roads. Councilman Semrau moved to continue Ordinance #50, Series of 2004, to February 28th; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #1, SERIES OF 2005 - Little Ajax PUD James Lindt, community development department, stated this is a 16 unit affordable housing project off West Hopkins at the base of Shadow Mountain. Council earlier approved a pre-annexation agreement and approved a subdivision for three-lots to enable three single family residences. This would be the back up plan to an affordable housing project consisting of 15 three-bedroom and 1 two-bedroom, category 4, for sale project. The first floor contains 25 parking spaces, storage areas and two units. The second floor is the first floor of the units, and the third floor is the bedrooms. This is a two-story building along the street for lower mass. The building is 35 feet calculated from the interior courtyard. The FAR is .94:1. Lot 3 will be deed restricted to the city with a conservation easement at a discounted price to be preserved as open space. Lindt stated staff feels the project is compatible with the neighborhood, which is made up of diverse uses. The dimensional requirements are also compatible with the immediate vicinity. Lindt said 25 parking space is 1.56 space/unit. The applicant is proposing auto disincentives of homeowners dues based on how many vehicles one owns and bicycle storage. Staff feels the parking ratio is appropriate based on these disincentives as well as the proximity to town. The Housing Board recommends a more diverse mix in the category of units. The applicants are willing to do this but will need a greater subsidy. The applicants are requesting a waiver of the park dedication fee. The parks department reconunended against this waiver. The parks department also recommend the West Hopkins bikeway be maintained as a traffic calming measure. This project meets the goals of the AACP to provide quality affordable housing close to transit and the commercial core. P&Z voted 5 to 1 in favor of the project. Charlie Kaplan, applicant, presented a model of the proposed project, illustrating the entryway into the courtyard, the parking on the ground level. Kaplan pointed out the ADA units on the first floor. Kaplan said they broke the building into separate masses. The building along the street is low in scale and then steps up the hill. There are diagonal slices through the building to break it into 5 smaller buildings, which also creates more coruer units than in a typical design. The slices also link the buildings together with bridges and with cimulation. The owners will be able to get to the open space to the south without going down to the parking level. The slices also allow views through to the mountain for the pedestrians. 16 Regular Meeting Aspen City Council January 24~ 2005 Kaplan showed the tuck under parking underneath the building, the private storage and the mechanical rooms. There is a common space with indoor trash and mail room. The courtyard has a planted section in the middle. Kaplan said the living spaces are 21 by 32 foot open space with the kitchen and dining area facing into the courtyard. The living space faces the views and open space and are mostly glass. The top levels are the bedrooms. Kaplan noted this is a modem building and it fits in with the neighborhood because it is an eclectic neighborhood with a lot of different styles, all of which makes Aspen quirky. Mayor Klandemd asked about the ice and snow build up in the courtyard. Kaplan said they did snow studies for P&Z and what it Will cost to maintain the area. Kaplan said the island in the middle can store snow. This area will have to be plowed regularly. Kaplan stated the project is costing a lot more than was projected. The applicants are asking for an increase in subsidy. The cost of steel has doubled and is affecting the entire construction industry. The city's fees are larger than expected to a total of $300,000, water tap fees are $110,000; the sanitation district fees are $65,000, park impact fee $57,000, and building permit fees $40,000. Kaplan said the original budget did not have any extra money. Kaplan requested an $8,000/bedroom increase in subsidy or a total of $376,000. Kaplan said any reduction in number of units will have financial implications. The 15 unit plan would cost $8500/bedroom or $349,000 additional or 14 units $9,000/bedroom or $258,000 additional. Kaplan presented study models of the reduced schemes. The 15 unit scheme takes one unit out of a bar; the 14 unit scheme takes one unit out of two bars. The parking would remain the same in any scheme. The 14 unit scheme moves a comer of the building down the hill 20 feet, which is where most of the cut would have been. The reduced schemes widen the slots and open up the views and also move the building away from the eastern property line. The bridges will remain in all schemes. Only 3 bedroom units would be removed. Councilman Semrau said this scheme has a lot of aesthetic interest. Councilman Semrau asked what the exterior materials would be. Kaplan showed proposed materials; the bottom band would be cedar boards or stained concrete. The middle band will be made to be transparent using glass or a makes panel, which has an R-22 value. The top band will be stained concrete board or painted corrugated metal. Councilwoman Richards asked the cost of the open space parcel. JeffWoods, parks director, is exactly what was negotiated. Steve Barwick, city manager, said the city fees have not changed since the contract was signed. Kaplan said the water fees added $28,000. Councilman Semrau said he thought water fees for 100% affordable housing projects were waived. Kaplan said they are cutting their fees. Councilman Semrau suggested mixing category 3, 4, and 5 on location. Councilwoman Richards said the city could put in more money and buy down 4 units to category 3. Councilwoman Richards agreed this is very exciting architecture and shows a lot of 17 Regular Meetin~ Aspen City Council January 24~ 2005 thought. Councilman Torre asked whether these are walkout units. Kaplan said most of the units are walk out on the south side. Mayor Klandemd opened the public hearing. Martha Madsen said she has a letter from the assistant city manager stating that the city's money would be better spent elsewhere than participating in this project as affordable housing. Ms. Madsen said she is concerned about mass and scale of this structure. The Shadow Mountain neighborhood guidelines recommend that larger buildings be broken. up into modules. Jean Greiner, recently moved to this neighborhood, said she uses the Midland trail daily. This trail is just seconds from Hopkins street and one seems to be in the wilderness. The most used access off5th. Ms. Greiner said she would hate to see this compromise the wilderness experience. The trail is a big asset to the city. There is also a lot of use of the bike/pedestrian trail along Hopkins street. Mike Haisfield, adjacent property owner, said he is opposed to the increased traffic, parking and congestion. Fonda Patterson thanked the Council and the developer to responding to the Friends of Shadow Mountain who are committed to extending the Midland trail from the Marolt bridge to downtown. Ms. Patterson said they own the property to the west, for which they have a development approval. Ms. Patterson said snow storage is a concern so that it does not drain into their property. Ms. Patterson said she hopes the applicant will give a permanent easement up to the Midland trail through their property. Ms. Patterson said she appreciates the roof line and also the slices through to the mountain. Ms. Patterson showed a rendering of the Elks' building, the proposed building will be 230 feet from east to west and wider then the Elks' building. Ms. Patterson encouraged Council to approve the smaller building. Toni Kronberg asked if the developer has submitted soils report to show that the land is suitable for development. Kaplan said it has been. Ms. Kronberg asked if there is concern about rock fall. Kaplan said they are looking at installing a protective barrier. Ms. Kronberg noted that Hopkins street is the main alternate way for people to get from town to Castle Creek. Ms. Kronberg said the parking spaces in this project should be eliminated. Mayor Klandemd closed the public hearing. Mayor Klandemd said the troth is people drive and people have cars. Mayor Klandemd said she would like to see two parking spaces/unit. Mayor Klandemd stated she likes the bicycle storage. Mayor Klandemd said she is concerned about reduced homeowners dues or price ifa purchaser does not have a car. That is very difficult to enforce. Councilwoman Richards said she feels modem architecture is important and the living situations will be superb. Councilwoman Richards said this project is trying to combine community goals of preserving open space and providing affordable housing. 18 Regular Meeting Aspen City Council January 24~ 2005 Councilwoman Richards stated she would prefer the 14 unit project. It will reduce neighborhood impacts; the parking on-site will be closer to two spaces/unit. Councilwoman Richards said if Council subsidizes four units at category 3, that would add about $320,000 to a 14 unit, 41 bedroom project equaling about $3.960 million or a subsidy of $96,000/bedroom. Councilwoman Richards noted this is lower than the subsidy for many othe~ projects. Councilwoman Richards said this project is in town and making it fewer units would make it more compatible with the neighborhood. Councilman Semrau said he feels this project is brilliant and a great culmination of work from many people. Councilman Semrau agreed it is worth going with the 14 unit project. Councilman Semrau said the subsidy is a good deal for in-town quality units. Councilman Semrau noted projects that have given conservation easements or open space often have the parks fee waived. Councilman Semrau said the developers will have to have a drainage plan indicating all drainage be kept on site. Councilman Semrau asked that the engineer also calculate the snow storage requirements. Councilman Semrau moved to adopt Ordinance #1, Series of 2005, on second reading, conditioned on 14 units, the city buy down 4 units to category 3, to include snow storage in the drainage calculations, approve an increase in subsidy of $8900/bedroom and to deduct any waiving of parks fees and reductions in the water tap fees; seconded by Mayor Klandemd. Councilwoman Richards said she does not want to waive the park fee; the city is buying the open space parcel. Councilman Semrau amended his motion to leave the parks fee in the ordinance; seconded by Mayor Klandemd. John Worcester, city attorney, asked the applicant if this motion passes, has the city complied with its obligation under the pre-annexation agreement. Kaplan said yes. There will be a temporary access until the city can gain permanent easements to connect the Midland trail east to west.. Mayor Klanderud asked if the applicant is willing to make the access from Fifth street a permanent easement. Kaplan said they are. Councilman Semrau amended his motion to include a permanent trail easement from Fifth to the Midland trail; seconded by Mayor Klandemd. Councilman Torre said he cannot support this project as he does not feel the design fits with the neighborhood. Councilman Torre said he does not think this will have the greatest livability. Councilman Torre said he would like some free market units in order to lower the subsidy. Mayor Klandemd said she likes the modem design and it helps contribute to the eclectic style of Aspen. Mayor Klandemd asked if it possible to eke out 3 more parking spaces. Kaplan said he may be able to add one space; it is a question of space. Mayor Klanderud said she does not want to contribute to pushing more cars out onto the neighborhood. 19 Regular Meeting Aspen City Council January 24, 2005 Councilman Semrau move to delete the requirement about homeowners' dues; seconded by Mayor Klanderud. Roll call vote; Councilmembers Semrau, yes; Torre, no; Paulson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #2~ SERIES OF 2005 - Code Amendment Seasonal Outdoor Food Vending James Lindt, community development department, told Council this ordinance would extend the GMQS exemption for seasonal outdoor food vending. This was approved last year for a one-year trial basis. Staff recommends extending this for a year and amending the ordinance to include the winter season. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Torte moved to adopt Ordinance #2, Series of 2005, on second reading amending Section 5 to include the winter season; seconded by Councilman Paulson. Roll call vote; Councilmembers Ton'e, yes; Semrau, yes; Richards, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau moved to adjourn at 12:45 p.m.; seconded by Councilman Torte. All in favor, motion carried. ~~ S. Koch, City Clerk 20