HomeMy WebLinkAboutminutes.council.20050328Regular Meeting Aspen City Council March 28, 2005
PROCLAMATION - Aspen History Week ....................................................................... 2
INTRODUCTION OF NEW POSTMASTER ................................................................... 2
CITIZEN PARTICIPATION .............................................................................................. 2
COUNCILMEMBER COMMENTS ....................................................................................... 3
CONSENT CALENDAR ................................................................................................... 3
· Resolution #20, 2005 - Brush Creek Park 'n' Ride Lot Lease ..~, .........................4
· Resolution #21, 2005 - Cost Reimbursement Agreement with Kinder Morgan for
Conduit installation ......................................................................................................... 4
· Minutes - March 14, 2005 ...................................................................................... 4
APPOINTMENT OF PROTEST HEARING OFFICER ........................................................... 4
HOUSING BOARD JOINT APPOINTMENT .................................................................. 4
FIRST READING OF ORDINANCES .............................................................................. 4
· Ordinance #20, 2005 - Code Amendment - Residential Design Standards ........... 4
· Ordinance #21, 2005 - Code Amendment - Growth Management ........................ 4
· Ordinance #22, 2005 - Code Amendment - SCI Zone District ............................. 4
ORDINANCE NO. 21 ......................................................................................................... 5
ORDINANCE NO. 22 ......................................................................................................... 5
ORDiNANCE//4, SERIES OF 2005 - 701 West Main Historic Lot Split ........................ 5
ORDINANCE #5, SERIES OF 2005 - Code Amendment Commercial Design Pedestrian
Amenities ............................................................................................................................ 7
ORDINANCE #7 SERIES OF 2005 - Code Amendment Mixed Use Zone District ........ 9
ORDINANCE #10, SERIES OF 2005 -Code Amendment Signs .................................. 10
ORDINANCE #11, SERIES OF 2005 - Code Amendment Parking ............................... 12
Regular Meeting Aspen City Council March 28, 2005
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre,
Semrau, Paulson and Richards present. Mayor Klanderud noted Tim Whitsitt will be
advising Council in John Worcester's absence.
PROCLAMATION - Aspen History Week
Mayor Klanderud and Council proclaimed March 28 to April 2 to be Aspen History
Week and invited everyone to attend the historic events this week and throughout the
year. Georgia Hanson, director of the Historical Society, announced free vintage ski
movies at the Wheeler, free tours of the Stallard House museum, 1947 prices at the Red
Onion on Friday.
INTRODUCTION OF NEW POSTMASTER
Mayor Klanderud introduced Patricia Kollberg, the new postmaster. Ms. Kollberg said
she is anxious to get involved with the community, has ushered at the Wheeler and is
looking forward to other opportunities to be involved.
CITIZEN PARTICIPATION
1. Toni Kronberg requested (a) Appointment of Protest Heating Officer be taken off
the consent calendar. Ms. Kronberg said she understood when a referendum petition was
submitted, all activity associated with the referred project was suspended. Ms. Kronberg
said she thought the construction work on Deer Hill would be suspended and work on the
road through Deer Hill has started up again. Ms. Kronberg noted Council took an oath of
office to uphold all laws, ordinances, charters and constitution. Councilmembers are not
permitted to prejudge matters, to take a public position until all evidence is permitted, or
to communicate outside public meetings. Council is required to remain impartial and
take positions only after full meetings. Ms. Kronberg said there are certain
Councilmembers who have been writing letter to the newspaper and it is clear they have
predetermined the outcome of the Burlingame affordable housing project. The first
public hearing on the land use for this affordable housing is not until April 25th. Ms.
Kronberg stated it is apparent Council has already made a decision. Ms. Kronberg said
she will be filing a citizen complaint on this issue.
Ed Sadler, asset manager, told Council the work going on is on a portion of the road that
is already in the city and is not part of the subject referendum. Sadler stated there will
not be work on the utility because that is on property subject to the petition. Ms.
Kronberg noted the only reason the road is going in is because it is part of the affordable
housing project. Ms. Kronberg stated when a referendum petition is submitted; anything
associated with the project is suspended until the outcome. Tim Whitsitt, counsel to
Council, said an official complaint will start the inquiry. There is a not a record at this
point in the meeting to make a decision on prejudgment of an issue. That is more
appropriately reserved to the city attorney's office to give Council advice.
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Regular Meeting Aspen City Council March 28, 2005
Chris Bendon, community development department, said the second reading and public
hearing of the land use approvals for Burlingame will start April 25th. Councilwoman
Richards stated she asked the city attorney to give Council a memorandum regarding
Council's roles on issues like Burlingame. Councilwoman Richards said the
memorandum stated it is clear, especially candidates running for office, may express how
they feel on community issues. Councilwoman Richards quoted fi.om Worcester's
memo, "both the petitions for annexation and the proposed land use approvals are integral
part of the Burlingame Ranch process. I recognize it will be virtually impossible for
members of Council to discuss the pros and cons of the annexation without touching
upon some specifics of the proposed land use application. However, if you simply want
the public to know your general feelings about the project, you can do so in the context of
the annexation". Councilwoman Richards noted as elected officials, the community
expects to know where they stand on issues. Ms. Kronberg said some information being
disseminated is not accurate; there is confusion among voters. Ms. Kronberg stated she
will file her official inquiry and has forwarded these on to higher sources than the city
attorney to get an interpretation of the state statute and state constitution.
Steve Barwick, city manager, told Council there was a fire at a city-owned property, the
Aspen Country inn, early this morning. There was fire and smoke damage to two of the
principle buildings. The residents have been allowed to return to their units. The city is
helping work with the insurance companies and the contractors. The fire sprinklers and
alarms are back in working order.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud said the residents of the Aspen Country Inn were in good spirits
after a very frightening incident. The residents were complimentary of the fire
department, RFTA, law enforcement and the city staff.
2. Councilman Torre reminded everyone to register to vote by April 4; absentee
voting starts April 18th.
3. Councilwoman Richards reported she will be attending the Club 20 meeting
Friday and has asked the city manager to comment on issues on the agenda.
CONSENTCALENDAR
Mayor Klanderud said (a) Appointment of Protest Heating Officer and (d) Appointment
of Joint Housing Board member have been removed.
Councilman Torre moved to approve the consent calendar as amended; seconded by
Councilman Semrau. The consent calendar is:
Regular Meeting Aspen City_ Council March 28, 2005
· Resolution #20, 2005 - Brush Creek Park 'n' Ride Lot Lease
· Resolution #21, 2005 - Cost Reimbursement Agreement with Kinder Morgan for
Conduit installation
· Minutes- March 14, 2005
All in favor, motion carried.
APPOINTMENT OF PROTEST HEARING OFFICER
Councilwoman Richards moved to approve Karen Goldman as the heating officer for the
protest hearing on the initiative petitions; seconded by Councilman Torte. All in favor,
motion carried.
Kathryn Koch, city clerk, explained the protest heatings will be held this Saturday, April
2na at 9 a.m. in the City Council Chambers. Ms. Goldman will conduct the hearing, will
hear presentations from the petitioners and from the attorney for the protestor. Ms.
Goldman has 5 days in which to make a determination.
HOUSING BOARD JOINT APPOINTMENT
Councilman Semrau left the room due to a conflict of interest.
Councilwoman Richards moved to appoint Ron Erickson as the joint appointment to the
Housing Board; seconded by Councilman Tome. All in favor, motion carried.
FIRST READING OF ORDINANCES
· Ordinance #20, 2005 - Code Amendment - Residential Design Standards
· Ordinance #21, 2005 - Code Amendment - Growth Management
· Ordinance #22, 2005 - Code Amendment - SCI Zone District
Councilman Torte moved to read Ordinances #20, 21, and 22, Series of 2005; seconded
by Councilman Semrau. All in favor, motion carded.
ORDINANCE NO. 20
(SERIES OF 2005)
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN
STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN,
PITK1N COUNTY, COLORADO.
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Regular Meeting Aspen CiW Council March 28, 2005
ORDINANCE NO. 21
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO CHAPTER 26.470 - GROWTH MANAGEMENT
QUOTA SYSTEM OF THE CITY OF ASPEN MUNICIPAL CODE.
ORDINANCE NO. 22
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO SECTION 26.710.160 -
SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE DISTRICT - OF THE CITY
OF ASPEN MUNICIPAL CODE.
Councilman Semrau moved to adopt Ordinances #20, 21, and 22, Series of 2005, on first
reading; seconded by Councilman Torre.
Councilwoman Richards said for second reading on the growth management changes,
there are changes to the affordable housing mitigation and she would like a picture of
where that might lead in terms of community goals and potential shortfalls.
Roll call vote; Councilmembers Paulson, no; Richards, yes; Semrau, yes; Ton'e, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #4, SERIES OF 2005 - 701 West Main Historic Lot Split
Amy Guthrie, community development department, told Council the initial application
for this parcel was for a residential development. This lot is smaller than 6,000 square
feet due to an adverse possession and as a result, residential development would only
allow a singie-family house. This would result in a 700 square foot historic house with a
2000 square foot addition. This is not something the HPC is wild about. Staff and the
applicant discussed the lot split, not to increase the allowed floor area but to break up the
massing. This went to HPC and received a recommendation. In the interim, the property
was sold and the new owner wanted to readjust the size of the two lots and to develop the
comer lot as a mixed used building. The comer lot will have the historic building free
standing and restored. HPC has granted conceptual approval for a detached 1200 square
foot alley structure, which will complete the comer lot. In the future, there will be a new
house of about 2,000 square feet, on the new lot to the west of the comer lot. Ms.
Guthrie told Council what this approval will do is break up the mass and give the owner
incentive to restore this modest 1935 cabin.
Ms. Guthrie noted HPC has recommended approval; this is in the appropriate district.
Because the property is non-conforming in size, HPC has granted a hardship because
there are so few redevelopment options that would lend to a successful historic
preservation. HPC felt this was an appropriate hardship.
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Regular Meeting Aspen City_ Council March 28, 2005
Councilwoman Richards asked what structures will be on the comer lot. Ms. Guthrie
said the comer lot is 2565 square feet and will be developed as mixed use. There is the
700 square foot historic cottage on the front and a new residence behind it; this is allowed
as a mixed use. Councilwoman Richards asked about the parking for the lots. Ms.
Guthrie said that will be reviewed as a conditional use for the arts studio. Councilwoman
Richards asked if there are trees that will be impacted. Ms. Guthrie said the previous
owner talked about removing the large spruce tree, which is damaged. Parks depm'tment
and HPC have both taken the position they do not want to see this tree removed.
Councilwoman Richards asked about the new lot created to the west. Ms. Guthrie
pointed out the house to the west is historically designated and HPC will review the new
house in context of the two historic structures. There will be a single-family house on the
new lot for a total of 3 structures on this lot, all within the floor area that would have been
allowed for mixed use. Councilwoman Richards asked the total FAR on the site between
all 3 buildings. Ms. Guthrie said just over 4300 square feet; .75:1 on the comer and the
interior lot is zoned R-6 for dimensional limitations. Ms. Guthrie said 4300 square feet is
what is allowed for mixed use. A purely residential project would be a 3200 square foot
house. Ms. Guthrie said on the fathering parcel, one could do single family residential or
mixed use and take the lot size of 5700 square feet times .75, which equals 4300 square
feet of building. Councilman Semrau said the FAR remains the same for a mixed-use
project; however, instead of 2 buildings, there will be 3 buildings, smaller buildings with
the historic structure toward the front.
Mayor Klanderud opened the public hearing. Mayor Klanderud entered into the record a
letter from Mary Lackner and Rob Weien.
Mary Lackner requested Council table this application until their next meeting. Ms.
Lackner said this is a complex application and they have been involved with the process.
It has been through two owners and several architects and different design options. Ms.
Lackner said the final approval was last week and they have not had time to respond.
Ms. Lackner said the issues are the hardship and creating an extra parcel, the mixed use
versus residential use, a lot split in the office zone district. Ms. Lackner said preserving
the spruce tree is important to them. Ms. Lackner said they are concerned about the
applicant providing adequate parking for a residential as well as commercial use. Several
variances have been approved by HPC, setback and the small lot size.
Mayor Klanderud asked if the adjacent property owners were party to the adverse
possession. Rob Weien said the location of the lot line has to do with the additional 5
feet of Sixth street and splitting the difference with the adjacent property owner.
Councilwoman Richards said she has been concerned with the city's lot split program
and what will the new building and new lot look like; will it respect and enhance the
relocated cabin or overshadow it.
Mayor Klanderud closed the public hearing.
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Regular Meeting Aspen City_ Council March 28, 2005
Mayor Klanderud asked if the spruce tree will be preserved through a deed restriction.
Mayor Klanderud said she is concerned about the parking and would like to see the
solution before this is approved. Mayor Klanderud noted this is a historic district and
anything built on the vacant lot will have to have HPC review. Councilwoman Richards
said there is no conditional use application for the historic building. Councilwoman
Richards said she would like more details before approving this.
Councilman Torte moved to continue Ordinance #4, Series of 2005, to April 1 lth;
seconded by Councilman Semrau. All in favor, motion carried.
ORDINANCE #5, SERIES OF 2005 - Code Amendment Commercial Design
Pedestrian Amenities
Chris Bendon, community development department, stated this will be a new section of
the code, which came out ofinfill and growth management discussion. Bendon noted
part of growth management scoring is subjective review of projects. Bendon
recommended taking commercial design/pedestrian amenities out of growth management
for projects that have a commercial component. This review will be done by P&Z and
there are suggested review standards. There are public hearing requirements. Bendon
recommended this review be held by P&Z not Council. If the project is subject to HPC
review, it should be combined into one review. Bendon pointed out the code amendment
contains an automatic notice to Council whenever a project is approved through this,
Council will get a notice and they have 30 days to call up that application. The review
standards cover how buildings treat the pedestrian environment, how parking is treated,
how site and open space is treated. There are suggested standards for signage and
lighting.
The second amendment deals with the open space requirement. Bendon reminded
Council for the last 25 years, every building in the commercial core has been required to
leave 25% of the parcel unbuilt. Bendon noted some good spaces, like Zele and Paradise
Bakery, have come out of this as well some inaccessible poor spaces. Bendon said this
code amendment has a pedestrian amenity requirement, which relates to the 25% and
P&Z chooses whether that 25% should be met on site or through off-site improvements
or through cash-in-lieu. This is the city's choice, not the applicants. The choice of
pedestrian amenity will happen through the commercial design review.
Bendon told Council replacement for projects that currently have little or no open space
on site will be whatever they have now. Bendon said the final part of this amendment
deals with utility/trash/recycling service area. Bendon noted "recycle" is being added to
the requirement and the area required is being expanded to 20 linear feet for larger
properties and 15 feet for smaller properties. Councilman Semrau asked what the appeal
process is. Bendon said if an applicant feels aggrieved at P&Z, they have a right to
appeal to Council.
Mayor Klanderud opened the public hearing.
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Regular Meeting Aspen City Council March 28, 2005
Toni Kronberg said she feds it would be difficult for developers to come in with an
application not knowing what would be accepted and that this is P&Z's discretion. Ms.
Kronberg said the proposed building at Galena and Main is going to be built from comer
to comer with no pedestrian streetscape. Ms. Kronberg said her concern is how the
public can rely on this when developers can buy their open space somewhere else.
Bendon said the genesis of this requirement is to make a high quality downtown and
some developments with amenities on-site contribute to the vitality. There are instances
where developing open space on site results in unusable spaces that do not contribute to
the ambience of downtown. Bendon said this choice is made at P&Z and that review
should be done before a project is designed to determine whether pedestrian amenities
will work on site. Ms. Kronherg asked what criteria will be used to show what spaces are
important to the community. Bendon pointed out there is a statement of purpose and 6
review criteria in the ordinance. Ms. Kronherg asked how these amendments to the land
use code have been noticed, was there a mailing. Bendon said a general code amendment
is notification in the paper only. The noticing procedure for projects under this code
amendment will require posting, mailing, and publication.
Ruth Kruger encouraged Council to pass this code amendment as it has been in the works
for a long time. Ms. Kruger said P&Z turned this code amendment over to Council about
2 years ago and it is time to adopt it. Ms. Kruger said this ordinance is written to get
quality open space for the community.
Mayor Klanderud pointed out the ordinance contains all the meetings on infill and open
space amenities. Mayor Klanderud said this was part of the infill ordinance, which was
broken into smaller pieces.
Mayor Klandemd closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #5, Series of 2005, on second
reading; seconded by Councilman Semrau.
Mayor Klanderud asked about the definition of split-level retail frontage. Bendon said
the definition of split-level deals with the interface with the sidewalk. P&Z would have
to look at the design to make sure it works with the criteria in this code amendment.
Mayor Klanderud noted moats surrounding buildings are prohibited but the ordinance
also says split-level retail frontage is prohibited. Mayor Klanderud said she would like
to be cautious that these code amendments do not interfere with architectural creativity
and interesting buildings. Bendon suggested "prohibited" could be changed to
"discouraged". Also P&Z uses these review standards as standards and can vary them if
it results in a better project. Councilman Semrau said when Council adopted the code
amendment prohibiting offices on the ground floor, it was all right to have them on a
split-level. Councilman Semrau said he is opposed to moats separating buildings fi-om
the streetscape.
Councilwoman Richards said she supports this code amendment. There is a history of
downtown enhancement, including the demonstration project on Mill street.
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Regular Meeting Aspen City_ Council March 28, 2005
Councilwoman Richards said she likes that there is a call up and appeal provision to
Council so the ultimate decision would rest with Council. Councilwoman Richards said
the ability to be flexibile will help greater use of downtown areas. Councilman Semrau
stated there is nothing by right in the ordinance; it is all discretionmy and all has to be
approved on a case by case basis. Councilman Torte said he is delighted that "recycle" is
being included and hopes this will lead to better downtown recycling.
Councilman Paulson said he feels this will lead to loss of open space. When a developer
is offered cash-in-lieu they will take that option rather than given open space to the
community. Mayor Klandemd said she feels this ordinance is designed to encourage
good open spaces. Councilman Semrau reiterated cash-in-lieu is not by right.
Roll call vote; Councilmembers Torre, yes; Richards, yes; Paulson, no; Semrau, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #7 SERIES OF 2005 - Code Amendment Mixed Use Zone District
Chris Bendon, community development department, said this is a new title to the
previous office zone district. The office zone district is the broadest district with uses
fi.om single family to retail in landmarked buildings. This zone is Main street historic
district and area bracketing the downtown on the east and the west. Bendon noted these
area are typically locally serving commercial. This code amendment discourages new
single family and duplex. This replaces the same FAR in commercial of.75:1, which can
be increased to 1:1 through additional review. There is additional FAR for residential
development. Bendon said there is a difference between Main street and the bracketed
areas so the FAR has been bifurcated between the areas. There is an increase height
allowed for mixed use and commercial projects to 32', which is also used in the R/MF
zone.
Councilman Semrau asked whether the FAR for flee market multi-family housing at
.75:1 includes the affordable housing mitigation t. Bendon said it does. Semrau said the
affordable multi-family housing states there is no limitation. Bendon stated that is
subject to the overall cap. On Main street, the overall cap is 1.25:1, which can be filled
up with mixed uses. It could be totally filled up with affordable housing. If one is filling
it up with commercial, there is a secondary cap of.75:1. Councilwoman Richards
suggested making "no limit" more clear and referencing the overall limit. The existing
single family residence~ will remain conforming.
Mayor Klanderud opened the public heating.
Bert Myrin agreed a limit be added to the FAR where it states "no limit", to reference
what the limit is. Ruth Kruger encouraged Council to adopt this amendment.
Mayor Klanderud closed the public hearing.
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Regular Meeting Aspen City_ Council March 28, 2005
Councilman Semrau moved to adopt Ordinance #7, Series of 2005, amended to include
FAR caps; seconded by Councilman Torte. Roll call vote; Councilmembers Richards,
yes; Paulson, no; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #10, SERIES OF 2005 - Code Amendment Signs
Sarah Oates, community development department, told Council this amendment is cleans
up the code as well as incorporating suggestions from downtown merchants, the
downtown catalyst, the special event supergroup and staff. Ms. Oates noted this
amendment recognizes Highlands has its own sign code; the policies regarding signs on
public property have been incorporated, the political signs have been modified to
eliminate size and duration, lettering on awnings has been incorporated into the aggregate
area.
Ms. Oates said there are some issues that have not been resolved. Ms. Oates noted the
first one is the special events super group recommended unlimited sponsor signs be
allowed at a special event. Staff supported that recognizing the importance of
sponsorship money. P&Z recommended no more than 2 signs/sponsor interior to the
event. The special event group recommended the special event committee be allowed to
approve no more than 1 inflatable/event. Staff and P&Z feels inflatables are not
appropriate for every event. If the committee is allowed to approve these inflatables, the
criteria might be the inflatable is in a suitable location and there is a demonstrable
community benefit. Another suggestion is if Council approves the inflatable once, the
committee could approve it thereafter.
Ms. Oates reminded Council when this policy was written several years ago, Council's
direction was to only allow banners on the Main Street light poles for significant
armiversaries of non-profits. The special event super group suggested lowering the
allowed anniversary dates to 10, 15, 20, 25, etc. This change would not catch things like
Mountain Travel Symposium or the X-games. Suggestions could be city-sponsored
events would be allowed, or just so many times a year on a first come, first serve basis.
The policy currently states "and for significant local, national and international events".
Ms. Oates said this is totally subjective and difficult for staff to make findings on what
are significant events.
Ms. Oates pointed out the downtown catalyst recommended eliminating sales sign
regulations. The current code allows sale signs for 2 weeks then they have to be taken
down for 3 months before a business can up "sale" signs up again. P&Z suggested
changing it to have "sale" signs up for 2 weeks and then down for 2 months. Comments
about the sandwich boards, the downtown catalyst has gotten positive comments. Staff
feels they will have to be proactive on quality control as well as placement. Ms. Oates
said staffwill include photographs of better examples of sandwich boards. Ms. Oates
said for vacant store fronts, there was a suggestion asking landlords to put displays in
vacant storefronts. Ms. Oates said staff is concerned about quality and enforcement so
that is no! incorporated in these code changes. Lisa Baker, downtown catalyst, agreed
there should be specific standards for the sandwich boards.
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Regular Meeting Aspen CiW Council March 28, 2005
Mayor Klanderud opened the public hearing.
Toni Kronberg asked if the section on political signs has been changed to eliminate size
of signs on private property. Ms. Kronberg said it appears as though one can put up
balloons or banners on public property about the AACP.
Mayor Klanderud closed the public hearing.
Mayor Klanderud noted the city has, in the past, allowed spotlights. Ms. Oates said that
can be eliminated fi.om the sign code. Spotlights are not allowed under the lighting code;
however, the community development director, can grant exemptions based on certain
criteria. Mayor Klanderud agreed there are appropriate times to have searchlights and
agreed to leave it under community development director's discretion. Ms. Oates said
she will reference the lighting code about searchlights. Mayor Klanderud asked whether
strip lighting eliminates holiday lights. Councilwoman Richards suggested "holiday
lighting" is referenced here, too. Councilwoman Richards asked if there is a limit on
window boxes for real estate companies. Ms. Oates said this is limited to one 4 foot
square box per business.
Councilman Semrau agreed about sandwich board enforcement. Steve Barwick, city
manager, said there will be a committee, Sarah Oates and Lisa Baker, with a set of
approved standards for sandwich boards. There will be a catalog of pre-approved signs,
which a business can choose. If they want to design their own sandwich board, this will
have to be approved by the committee. Councilman Semrau said he would like to not
allow real estate offices to have sandwich boards. Councilman Semrau said he does not
favor the requirement for fill up vacant store front windows. The city will have to define
"window display" and tell landlords what to put in their windows. Mayor Klanderud said
she would like to work with landlords and encourage them to make their vacant
storefronts more attractive. Vacant store front signs are eliminated
Councilman Semrau said he does not have any problem lowering the anniversary dates
for banners to 10 years, etc. Councilwoman Richards said she supports these
recommendations. Councilman Semrau suggested a sunset on the sandwich board
provision with a one year review. Council agreed with two signs/sponsor at special
events. Five signs total will be allowed outside the venue; the currently regulation is 2
signs outside and 1/sponsor inside. Council agreed on the inflatables that one per event
and approval by the special event committee. Council agreed the sale signs should be
changes to up for 2 weeks and down for 2 months.
Mayor Klanderud entered into the record a letter fi.om Everett Pierce cautioning the
Council not to allow too many signs. Mayor Klanderud said she would like the city to be
more flexible and to create interest but not to be overrun by signs. Councilwoman
Richards asked if staff should have the power to take a sandwich board away if a business
has consistently violated placement of the sign. Ms. Oates said there is a process, which
includes a red tag and citation into court, which is a lengthy process. Tim Whitsitt,
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Regular Meeting Aspen City_ Council March 28, 2005
counsel, noted the rights-of-way are city property and Council can add whatever
regulation they want. These rights-of-way are being used with permission. Steve
Barwick, city manager, said a provision like that would be useful to staff. Staff will add
language to the sandwich board section, which states "enforcement up to and including
removal and/or impoundment of the sandwich board".
Councilman Semrau moved to continue Ordinances # 10, Series of 2005, to April 1 lth;
seconded by Councilman Torte. All in favor, motion carded.
ORDINANCE #1L SERIES OF 2005 - Code Amendment Parking
Chris Bendon, community development department, reminded Council the parking
requirements were identified as a barrier to development and redevelopment. Bendon
noted there has been a reversal in the philosophy of regulating parking. At first, cities
adopted minimal parking standards. About 30 years ago, larger cities started abandoning
that approach and started using parks caps, one cannot do more than X on their site,
which philosophy has shifted to smaller cities. Bendon noted the different levels of
action are lowering the ratios, eliminating the minimums altogether and allowing the
market to generate, and parking caps.
Bendon said the closer a building is to downtown, the more that project should be
focused on the pedestrian. The code amendment on pedestrian amenities focuses on curb
cuts and hiding the parking. Bendon noted this ordinance suggests lowering the parking
ratios to 1.5 spaces/I,000 square feet of net leasable space. There is a cash-in-lieu
provision and it allows the city to use that money for any mobility solutions, like
enhanced car share and transportation solutions. Staffrecommends the cash-in-lieu be
$15,000/space. Bendon said the barriers to development are the number of spaces
required and the amount of the cash-in-lieu payment. Bendon recommended eliminating
parking requirements for residential and lodging development in the CC and C-1 zone.
Bendon said this is important for downtown residential development.
The ordinance contains a new definition for commercial parking facility. Bendon said
the existing definition is difficult to interpret. Bendon noted the two things that make a
commercial parking facility are that it is short term, anything less than one month, and
that it is a stand alone commercial venture.
Mayor Klanderud said $15,000 seems like a low amount for cash-in-lieu. Councilwoman
Richards asked if the definition of commercial parking facility will address the issues
raised at a recent code interpretation hearing. Councilwoman Richards said when
parking is required as mitigation for a project, it should be to serve the needs of that
building and not to set up as a separate, new commercial parking enterprise. Bendon said
that would be very difficult to enforce. The larger picture is that there is an impact of a
building or a use. If one is developing parking, they are mitigating that impact and ifa
car is taken off the street, that parking is being mitigated. Councilwoman Richards said
she thought the result of the recent discussing on parking was to move toward the goal
that parking constructed for a certain development would serve that development and not
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Regular Meeting Aspen CiW Council March 28, 2005
be separate for commercial leasing. Whitsett noted that "stand alone" should take care of
that concern.
Mayor Klanderud opened the public hearing.
Ruth Kruger stated she supports this code amendment and would like to see Council
adopt it. Ms. Kruger stated the highest and best use of the downtown core is not parking
spaces. Mayor Klanderud asked ifP&Z discussed the amount of cash-in-lieu. Ms.
Kruger said P&Z discussed that in conjunction with the parking study, and surface
parking was estimated to be $15,000.
Mayor Klandemd closed the public hearing.
Councilwoman Richards said Council has been working on encouraging redevelopment
of the downtown and to look at barriers to that redevelopment. Councilwoman Richards
said she does not want the downtown ground levels to be parking lots; that is bad use of
land. Councilwoman Richards said the affordable housing mitigation has been lowered
to be below that number of employees generated. Councilwoman Richards said raising
the parking in lieu fee much higher would be counterproductive. Mayor Klanderud noted
this is lowering the number of required spaces. Mayor Klandemd said $15,000 cash-in-
lieu is too low. Councilman Torre agreed he would like to see the cash-in-lieu fee raised;
the largest barrier to development has been the number of parking spaces required.
Councilman Torre said he feels cash-in-lieu would do the greatest good for the
community and would like to see the fee increased.
Councilman Semrau suggested the cash-in-lieu space should reflect reality, which is
$30,000/space. Councilman Semrau noted the philosophical question is whether one
wants people or cars in the downtown. Councilman Semrau said he feels people are more
important so the parking requirement should be lowered to 1 space/I,000 and the cash-in-
lieu be increased to $30,000. In this code amendment, the cash-in-lieu may be used for
anything that decreases car impacts. Councilman Paulson said to face reality, Council
could raise the cash-in-lieu and put the money toward expanding parking at Buttermilk
and increasing mass transit. Councilman Semrau said this money could be used for both
of those suggestions.
Councilman Semrau moved to adopt Ordinance #17, Series of 2005, amending it that the
commercial parking ratio is 1 space/I,000 net leaseable commercial space and a cash-in-
lieu payment of $30,000/space; seconded by Councilman Torre. Roll call vote;
Councilmembers Tome, yes; Paulson, no; Richards, yes; Semrau, yes; Mayor Klanderud,
yes. Motion carried.
Councilman Semrau moved to adjourn at 7:45 p.m.; seconded by Councilwoman
Richards. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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