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HomeMy WebLinkAboutminutes.council.20050912Regular Meeting Aspen City Council September 12~ 2005 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 · Resolution #70, 2005 - Contract Impact Fee Consultants ...................................... 3 · Resolution #71, 2005 - Adoption of Annexation Plan ........................................... 3 · Minutes - August 9, 22, 30, 2005 ........................................................................... 3 FIRST READING OF ORDINANCES .............................................................................. 4 · Ordinance #39, 2005 - ARC PUD Amendment - Aspen Junior Hockey .............. 4 · Ordinance #40, 2005 - Aspen Historical Society Lot Split TDRs ......................... 4 · Ordinance #41, 2005 - Stage Road Vacation ......................................................... 4 RESOLUTION #72, SERIES OF 2005 - Street Naming Policy ....................................... 5 RESOLUTION #73, SERIES OF 2005 - Contract Golf Course Irrigation System/Effluent Project ...................................................................................................... 5 RESOLUTION #74, SERIES OF 2005 - Lease for Verizon Cell Tower .......................... 6 RESOLUTION #68, SERIES OF 2005 - Aspen Art Museum Temporary Use ................ 6 ORDINANCE #35, SERIES OF 2005 - 306 S. Garmisch Subdivision ............................. 7 RESOLUTION #74, SERIES OF 2005 - Lease for Verizon Cell Tower .......................... 8 RESOLUTION #69, SERIES OF 2005 - Lodge at Aspen Conceptual PUD .................... 9 Regular Meeting Aspen City Council September 12~ 2005 Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Johnson, DeVilbiss, Torre and Richards present. CITIZEN PARTICIPATION 1. Bill Wiener reminded Council he brought up having bird and bat houses around the city on city property to help combat West Nile virus. Wiener said if the city spends $500 in the construction of these bird and bat houses, he would reimburse ½ the cost. Lee Cassin, environmental health department, said she will contact the state health department to get their recommendation and concerns about the advisability of attracting bats. Mayor Klanderud stated she has no objection to spending $250 if the environmental health department thinks this is beneficial. Councilman Torre said the city has the responsibility to take care of West Nile, if it is such a large threat. Council agreed they would participate in the bird and bat house experiment after receiving a recommendation from Ms. Cassin. 2. Jim Markalunas presented Council with the official flower of Aspen, the sweet pea. Markalunas also presented Council with the unofficial city flower, the Canadian thistle, wrapped in a doggie waste bag. Markalunas said the thistles are proliferating. Markalunas suggested having more doggie waste bag disposal areas around town. Markalunas requested better bus service for the west end and suggested the Cemetery Lane bus go do Hallam street. Markalunas also suggested the city hire a weed manager. 3. Toni Kronberg thanked Council for putting the question of an outdoor pool on the November ballot. Ms. Kronberg said she understands the city cannot lobby for the ballot question and asked if there will be educational material about the question. Ms. Kronberg noted the design of the pool has not been approved yet. Ms. Kronberg said Council should ask the staff'how the recreation business plan, which is being presented tomorrow night, will increase revenues. Ms. Kronberg stated the Rio Grande recycling center is overflowing with cardboard. 4. Michael McVoy said he would like to discuss the city's overall policy about not honoring deed restrictions unless the city is a party to that restriction. McVoy said this is pertinent to the historical society and the TDRs. Mayor Klandernd asked McVoy to comment during first reading. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said the response from Aspen and the Roaring Fork Valley to hurricane Katrina's victims has been awesome. The generosity of this community is amazing. There is a meeting September 13th at noon to collaborate on ideas and efforts to help communities in the Gulf Coast. 2. Mayor Klanderud said Ride for the Cure doubled the number of riders and raised over $800,000 this past weekend. 2 Regular Meeting Aspen City Council September 12~ 2005 3. Mayor Klanderud congratulated Jazz Aspen and their fabulous concerts over Labor Day Weekend. 4. Mayor Klanderud suggested moving the action items to right before the public hearings. Council agreed. Mayor Klanderud noted the staff and applicant presentation for the Lodge at Aspen will take two hours. Public comments will be taken at the September 26th meeting. 5. Councilwoman Richards said State Representative Kathleen Curry will be at CMC-Aspen Thursday September 15th at 4:30 to hear concerns and issues from Aspen residents. 6. Councilwoman Richards reported she attended the Railvolution Conference in Salt Lake City last week. It was a very successful conference and it is interesting to hear about progress in other communities. The light rail in Salt Lake City is running 40% higher than projected. 7. Councilman Torre said he has heard comments about how very busy the summer of 2005 has been. Councilman Torre thanked staff for all the work they do keep the city together and running. 8. Steve Barwick, city manager, requested an executive session to discuss land acquisition at the end of the meeting. 9. Councilman Torre reported he attended the Club 20 meeting last week in Grand Junction. Councilman Torre said he was directed to vote no on the forest road moratorium. The vote was 18 to 2, and he voted no for Aspen and Pitkin County. CONSENTCALENDAR Councilman Johnson moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: · Resolution #70, 2005 - Contract Impact Fee Consultants · Resolution #71, 2005 - Adoption of Aunexation Plan · Minutes - August 9, 22, 30, 2005 All in favor, motion carried. 3 Regular Meeting Aspen City Council September 12~ 2005 FIRST READING OF ORDINANCES · Ordinance #39, 2005 - ARC PUD Amendment - Aspen Junior Hockey · Ordinance #40, 2005 - Aspen Historical Society Lot Split TDRs · Ordinance #41, 2005 - Stage Road Vacation Councilman Torte moved to read Ordinances #39, 40 and 41, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 39 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 40 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ASPEN HISTORICAL SOCIETY LOT SPLIT, CONDITIONAL USE, AND ESTABLISHMENT OF SIXTEEN (16) HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS FROM PARCEL 2 OF THE LOT SPLIT, 620 W. BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 41 (Series of 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO VACATE A PORTION OF THE STAGE ROAD RIGHT-OF-WAY ADJOINING THE STAGE ROAD PLANNED UNIT DEVELOPMENT WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Richards moved to adopt Ordinances #39, 40 and 41, Series of 2005, on first reading; seconded by Councilman DeVilbiss. Councilwoman Richards requested for second reading of Ordinance #40, she would like to know how many additional parcels could be split off from the fathering parcel in the future; how many additional TDRs could be created by those additional split offs. Councilwoman Richards said she would also like to hear from staff about precedent set for someone who 4 Regular Meeting Aspen City Council September 12~ 2005 has received a tax credit for an open space dedication and then wants to sell the TDRs off that property. Mayor Klandemd asked if the Historical Society could come in for another lot split. James Lindt, community development department, said the Historical Society has proposed to stabilize the rest of the property; the museum use on the property is a conditional use and in order to split off another parcel, they would need conditional use approval. Lindt said they would have to go through a land use process for any more TDRs. Councilwoman Richards said she would like that possibility fully examined by staff. Mayor Klandemd said the covenants on this property require there be no further development. Mayor Klandemd stated she has difficulty understanding how one can have a transfer of development rights when one does not have development rights to begin with. Mayor Klandemd stated this will be an issue at second reading. Michael McVoy said the city may be sending contradictory messages about easements. McVoy said it is surprising that because city is not a party to a deed restriction that it will not have standing. McVoy encouraged the city to look at a policy about deed restrictions. McVoy said people have given property to other organizations rather than the city because of the way the city treats easements. McVoy said Council should honor restrictions to whatever degree they can. Mayor Klandemd said it has been the city's position not to accept county TDRs and the county does not accept city TDRs. This position has not changed. Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klandemd, yes. Motion carried. RESOLUTION #72~ SERIES OF 2005 - Street Naming Policy Councilwoman Richards moved to approve Resolution #72, Series of 2005; seconded by Councilman Johnson. Councilwoman Richards suggested that street names relating to the use, like Harmony Place at the M.A.A. housing, be added to the criteria. Mayor Klandemd suggested adding "arts and cultural uses or physical use" to the criteria. Councilwoman Richards suggested adding names that follow a neighborhood street naming pattern also be added. Council requested these two additions be made to the policy. All in favor, motion carried. RESOLUTION #73~ SERIES OF 2005 - Contract Golf Course Irrigation System/Effluent Project Paul Menter, finance director, told Council the total cost of this project is $2,397,132. Menter said the lowest bid was over $2.7 million and staff negotiated out several elements of the contract; city staff will complete these items. Menter said as part of this project, there will be expansion of a pond at the golf course of sufficient size for the irrigation system. The location of the holding pond had to be changed from the northwest comer to the southeast comer at an additional cost of $364,000. Menter told 5 Regular Meeting Aspen City Council September 12~ 2005 Council the water, golf, parks and electric departments fund this project; the accounting will come out of the parks capital improvement fund. JeffWoods, parks department, told Council there were savings of over $300,000 by the city providing equipment the contractor would have had to rent. Councilman Johnson moved to approve Resolution #73, Series of 2005; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #74~ SERIES OF 2005 - Lease for Verizon Cell Tower Ed Sadler, assistant city manager, told Council staffhas worked with Verizon on a location for an additional cell phone tower. The tower would be located at the water plant; lease and maps are attached. Ann Closser, Verizon land use consultant, noted there was a condition in this lease from the city that Verizon make application for another tower to serve ARC, the school and the base of Highlands. Ms. Closser said the antenna is 30' and should have sight to the school complex and the ARC should also be covered. Ms. Closser told Council terrain for Highlands is different with less of a clear line of sight. This will also give the hospital better coverage. Ms. Closser said she looked at 6 sites for this tower. Steve Barwick, city manager, asked about making this approval contingent upon an application for another site at Buttermilk if this tower does not give Highlands cell phone coverage. Ms. Closser said after this tower is installed and Verizon tests where there is coverage and where not, then they could look for another tower. Ms. Closser said she cannot commit to filing another application. Ms. Closser reiterated the objective of this site is to off load a sector from the St. Regis hotel. There are only two sites serving Aspen, and these are overloaded. This tower is to provide coverage to the northwest comer of Aspen. This site is up high and the coverage will go to the school, the ARC, the golf course. Councilman DeVilbiss asked what happens ifVerizon does not meet this condition of coverage of Highlands in 3 years. John Worcester, city attorney, said the lease could be revoked. Mayor Klanderud said Council wants to insure that Highlands is served with cell phone coverage. Ms. Closser requested this be tabled until she can contact Verizon. Council agreed. RESOLUTION #68~ SERIES OF 2005 - Aspen Art Museum Temporary Use Councilman Johnson stated he had a conversation with Data Coder, but this will not affect his vote. Councilman DeVilbiss said he went to the museum, met with Dara Coder and looked at the site. Councilman DeVilbiss said the site is unique and it will be difficult to see the trailer. Councilman Torre also did a site visit and talked to the architect. Councilman Torre said he was assured that this construction will not last one year. Dara Coder, Aspen Art Museum, told Council they are seeking a 6 month temporary use permit as well as a 6 month extension to place a modular trailer on site at the museum to house 2 offices. Ms. Coder said their intention is to seek a minor review of the HPC for approval of their archive space. This interior remodel will take less than one year. 6 Regular Meetin~ Aspen Cit~ Council September 12~ 2005 Councilman Johnson asked if the museum is currently working on this application. Ms. Coder said they do not have drawings finalized to make this application but it should be done in the next month. John Worcester, city attorney, told Council the municipal code makes it clear that the temporary use is for 6 months. Council may grant one six-month extension. Councilwoman Richards asked when this temporary use would begin. Womester suggested the temporary use permit should not begin until the Art Museum actually needs it, and the resolution could be mended to state 180 days from installation and with one 180-day extension. Councilman DeVilbiss stated he has a problem granting an extension with the initial permit. The code states a temporary use is for 180 days, and Council cannot grant an extension until they have granted the initial temporary use. Womester said the intent of the code is for a temporary use of 180 days. The applicant is telling Council that they will need this approval for more than 180 days. Councilman Torre agreed with a temporary use of 180 days. Mayor Klanderud said it would be productive to approve a 180-day temporary use and the extension at one time. Councilwoman Richards agreed with a 180-day temporary use and she would favor a 180-day extension but would like to know what progress has been made in those first 180 days. Councilman Johnson stated his original issue is that the construction could not be accomplished in one year. Councilman Johnson agreed with a 180-day temporary use not to begin until the trailer is on site and he would approve an extension at the same time. Worcester suggested the resolution be amended to mad "WHEREAS the applicant requests this use for 180 days, and" and in Section 1 "A temporary use permit shall issue and be valid from the date of issuance for 180 days". Councilwoman Richards moved to approve Resolution #68, Series of 2005, with the amendments as outlined by the city attorney; seconded by Councilman Torre. Mayor Klanderud opened the public hearing. Bill Wiener, adjacent property owner, told Council the director of the museum told him them would be 3 people located in this trailer and that they would like to keep this trailer for 5 years. Wiener said this does not agree with what has been presented to city Council. Wiener said a trailer in a city park is not appropriate. Wiener suggested two small buildings built along the bridge on the north side of the museum would be much more appropriate. Mayor Klandemd closed the public hearing. All in favor, motion carried. ORDINANCE #35~ SERIES OF 2005 - 306 S. Garmisch Subdivision Jennifer Phelan, commtmity development department, told Council the applicants are requesting to demolish a fourplex and replace it with 2 flee market and 2 affordable housing units. This property is zoned RMF and subdivision is requested to construct multiple family building. Them are conditions for the development of the affordable housing. Ms. Phelan noted when multi-family residences are demolished; the applicant is 7 Regular Meeting Aspen City Council September 12~ 2005 required to meet the replacement program. The applicant has met that by replacing 50% of the units; 50% of the existing bedrooms and a minimum of 50% of the existing square footage as deed restricted. This application meets those requirements as well as the dimensional requirements. P&Z has reviewed this and has recommended approval. Sunny Vann, representing the applicants, told Council this project was designed in strict compliance with both the replacement program and the residential design standards. No variations from the underlying zoning have been requested. Councilwoman Richards asked whether these units would be ownership or rental. Vann said they are category 2 rental. Councilwoman Richards asked if these could be sold. Vann said because this is one building, the units are transferred to the condominium association, who rents them. There is a condition stating that if for any reason these fall out of compliance for a year, the housing office has the right to place these units in a sales pool. The condominium association could also sell them; they would be sold as deed restricted category 2 units. Vann noted this is a mandatory obligation; they have to build these units. Vann noted one parking space/unit is required. Mayor Klandemd said the ordinance should be changed to state "will" be deed restricted because this is not discretionary. Vann said the project will not get a certificate of occupancy without recording a deed restriction. Mayor Klandemd opened the public hearing. There were no comments. Mayor Klanderud closed the public heating. Councilman Torre moved to adopt Ordinance #35, Series of 2005, on second reading; seconded by Councilwoman Richards. Councilwoman Richards asked if this application is a result of the recent land use changes. Vann said a slight FAR increase was allowed, which made this project possible. Roll call vote; Coancilmembers Richards, yes; Johnson, yes; DeVilbiss, yes; Torre, yes; Mayor Klandemd, yes. Motion carried. RESOLUTION #74~ SERIES OF 2005 - Lease for Verizon Cell Tower Ann Closser, representing Verizon, spoke with the real estate manager regarding Council's suggested condition. Verizon cannot agree to that condition, as they have no idea what the budget or the circumstances would be in 3 years. Capacity sites have the greatest priority. Ms. Closser said the school, ARC, hospital and golf course will be provided with better coverage with this new tower. Ms. Closser told Council each site costs about $750,000. Councilman Johnson asked the policy on sharing their sites with other providers. Ms. Closser said they share sites all the time and this lease has that provision. Councilwoman Richards said the forest service site at the top of Tiehack may cover all areas in the northwest, including Highlands, and suggested it would be more appropriate to come back after an application is made to the county for the site at Tiehack. Ms. Closser said her search area did not include the Tiehack site. Ms. Closser said she looked at the forest service headquarters and Aspen Meadows, neither of which would have worked. Ms. Regular Meeting Aspen Ci,ty Council September 12~ 2005 Closser said the Tiehack site was not in the sphere of investigation. Ms. Closser said there would be no cost difference in developing either site. Ms. Closser said she does not know what the lease rate with the forest service would be. Ms. Closser told Council the engineer for the project stated a site on Tiehack would not have the line of sight to the northwest comer of Aspen. Ms. Closser said the city site is high enough to cover more areas than the Tiehack site. The Tiehack site will not pick up the capacity issue; there will only be one set of 4 antennae, which dictates how many calls can be handled. The city's location will have 3 sets of antenna, which will cover a broader area. Council requested search maps and maps showing the area reached by Tiehack and have an engineer present. Councilman Johnson moved to continue Resolution #74, Series of 2005, to October 11, 2005; seconded by Councilwoman Richards. All in favor, motion carded. RESOLUTION #69~ SERIES OF 2005 - Lodge at Aspen Conceptual PUD James Lindt, community development department, told Council this is an application by Aspen Land Fund II for conceptual time-share, conceptual PUD on several parcels of land at the base of Shadow Mountain. Lindt pointed out this is conceptual only; if the applicant receives approval, they will have to process a final application. Further land use reviews, like subdivision, growth management review and condominiumzation, will be processed with the final application. Staff suggests this project review go over several meetings; tonight's meeting will be an applicant and staff presentation with public comment at the next meeting. John Sarpa, Centurion Partners, told Council the application first went to P&Z in October 2003. Sarpa told Council the principals of Centurion Partners are Scott Matson, Mike Smith. The financial partner is the real estate group of Goldman Sachs, Whitehall. Aspen Land Fund LLC is the owning entity. Sunny Vann, representing the applicant, reminded Council the site formerly belonged to Savanah Limited Partnership, the original developer of the Ritz. Savanah was interested in liquidating and had Vann prepare a conceptual application for 14 free market residential and 17 affordable housing units for this site. Aspen Land Fund II purchased the property in 2002. Some partners developing the Residences at Little Nell have a small interest in Aspen Land Fund II. In July 2003, the Aspen Land Fund received final PUD approval for the residential project on this property. The Aspen Land Fund wants to develop a hotel at the base of the mountain. The area has been identified as appropriate for lodge development in the Aspen Area Comprehensive Plan. Vann said the city identified the loss of lodge beds as a major issue and revised the lodge regulations in order to stimulate lodge development. P&Z started working on these code amendments in 2002. Changes in the lodge regulations were not adopted by Council until 2005. The Aspen Land Fund submitted its application in October 2003 under the existing lodge/tourist/residential regulations. Vann noted all major hotels at the base of the mountain are located in the lodge/tourist/residential district. The dimensional requirements were not sufficient to accommodate hotels so the PUD was used to vary the 9 Regular Meeting Aspen City Council September 12~ 2005 underlying requirements, like building height and floor area ratios. Vann said the Ritz Carlton, the Grand Hyatt, the Little Nell hotel and the Residences at Little Nell were all developed under PUD regulations and using that process to establish the dimensional requirements. Vann said the city realized those dimensional requirements were not adequate for hotel development. This project was designed based on what had been approved in the past and the applicants also took into account possible changes to the lodge code. Vann pointed out this project contains a pure lodge aspect with amenities, like spa, banquet, and restaurant. There is also a fractional component, which will be available for nightly rental. The fractional component will absorb land costs and will finance the project. Vaun told Council the target for the project was 80% hotel and 20% fractional ownership. The lodge regulations address fractional as part of a hotel. The project is now 85 hotel rooms and 22 fractional ownership units, and 4 free market units to help jump-start and finance the project development. During the code amendments for the lodge zone, staff and P&Z discussed increasing the floor area ratio for the LTR zone from 1:1 to 2.5:1 for larger sites. Staff and P&Z recognized that previous projects all required FAR variations under the PUD process. The applicants designed this project with an FAR of 2.2:1, which was in the range of what was being discussed by staff. As part of the P&Z review, the project has been reduced to an FAR of 1.9:1. Vann said staff and P&Z also suggested an increase in allowable height to 42'- 46' as reflective to what has been approved and that the PUD process will still allow variations for good projects. Vann said height is a problem in this design. Vann noted a building could be designed at 42' with an FAR of 2:l to cover the entire site, but it would be a box. The applicants have decided to request height variations to achieve a better design. Vann noted the location of this site at the base of Shadow Mountain makes the site almost invisible from most locations in the city. The building is lower around the perimeter and taller in the middle. Vann told Council the primary issue at P&Z has been the impact of this building on its immediate neighbors. Vann said since submittal in 2003, the project has undergone design changes to address staff and neighbor concerns. Those changes have enabled the project to receive staff and P&Z approval and the support of most of the neighbors. Vann stated it is appropriate to review this under the regulations in effect at the time the application was submitted. Varm said this is located in a short-term condominium rental neighborhood. The applicant has committed to replacing lift lA to make this another portal to the mountain. The applicants have committed to improving Juan and South Aspen streets. This project accommodates all parking requirements and meets its affordable housing requirements. Vann said this building is taller than the recently adopted lodge height regulations. The building has no significant impact on the city at large. There are visual impacts on the immediate neighbors, with whom the applicant has worked to gain their support. Vann stated this is a good example of how to use the PUD process to achieve a superior design. 10 Regular Meeting Aspen City Council September 12, 2005 The applicants have tried to achieve a mix between the minimum requirements to operate a hotel, a fractional component, and a site design to gain support of the neighbors and to have a minimal impact on the immediate neighbors. Sarpa said the PUD process should require a lot of interaction with P&Z and with the immediate neighbors. Sarpa told Council after 6 meetings with P&Z the applicants had to decide whether to forge ahead to Cotmcil or to go back to P&Z. The applicants decided to stay at P&Z and to continue to work with the neighbors. Sarpa noted there is a memorandum outlining each homeowner's association and what the applicants did to arrive at agreements with them. Sarpa showed the 2.4-acre L-shaped site, showed the surrounding properties and the proposed buildings. The primary homeowners affected were Timbenidge, Shadow Mountain, Juan Street and Lift One. Sarpa pointed out two buildings, one of which is primarily residential, and the hotel building; these are connected by a bridge. Sarpa showed where the restaurant is proposed. Sarpa said one community benefit is upgrading the west side of Aspen Mountain. The applicants have a written agreement with the Ski Company to install a new lift, at the applicant's cost. Another issue is the condition of Aspen street, which is one of the steepest streets in town. The applicants have worked with staff, with P&Z and with the neighborhood to make Aspen street safer. Sarpa showed the October 2003 conceptual drawings, which presented a much taller, larger building. The bridge was 3 stories. The building was impactful on Timberddge and on Lift One. Sarpa presented a drawing from December 2004, showing where the building got smaller. The architectural feature at the south end of the building got smaller. This building was still not acceptable to the neighbors. Sarpa said in the last 7 months, the building has been changed. A floor on the south end has been removed; the bridge is now only a one level corridor. Sarpa told Council Lift One needed the building moved away from their building to the south, giving them a sight line. The entrance driveway was lowered to reduce the traffic impact. Sarpa said Lift One will get some access to parking. Lift One has given a written agreement that the majority of their homeowners support the project. Sarpa showed how the original building overlapped the Timberridge by 18 feet. Timberddge asked that the building be pulled back parallel to their edge, which the applicants did. The building was pulled to the south from them and the building was stepped back. Sarpa told Council there is almost a 75 foot change from the south to the north end of the site; along the street there is a 65 foot elevation change. Sarpa showed parking along Dean avenue used by Timberridge. The applicants have agreed to apply for a vacation and to give part to Timberddge for 12 parking spaces. Juan Street apartments were concerned about the proximity of the hotel, 5' from their building. The applicants worked with Juan Street to try and make the building less impacting and safer. The building has been pulled away from Juan street and the building is stepped back. Juan street owners were concerned about traffic so the applicants will obligate the owners of the hotel to require loading dock activity to come 11 Regular Meeting Aspen City Council September 12~ 2005 and go off South Aspen. The applicants have also agreed to give Juan Street land for parking. The balconies on the west side of the hotel will be minimal, architectural details, rather than usable balconies. Sarpa said Juan street has built patios on the hotel's land and the applicants will license this land to Juan street. A majority of the homeowners of Shadow Mountain support this project. The south end of the building dropped a whole floor, the building was pulled away from Shadow Mountain. The applicants reduced the ceiling heights to lower the entire building. The applicants have agreed to allow Shadow Mountain owners access to some of the hotel's amenities and parking. Sarpa said the applicants have spent hundreds of hours with the neighbors; the building has gotten smaller and shorter. The applicants have reduced the overall impacts. Sarpa showed how the bulk of the hotel is 120' away from South A~pen street. Sarpa showed the location of the 12 on-site affordable housing units. These were designed to meet the multi-family replacement requirements for the demolition of the Mine Dump apartments. Sarpa .told Council the applicants have the Smuggler Racquet Club under contract for a substantial affordable housing project. The parking spaces for the Timberridge will be separated by a buffered landscape and by 6' of grade. The 30 parking spaces for the Ski Company will be replaced as part of the underground parking. Vann reminded Council there is a deed restriction on the land across from Mary Barbee's property that no above grade structure can be built. The swimming pool is planned for the lot directly across from the Barbee property and the affordable housing structure to the north is a one-story structure. Bill Poss, architect, went over the model showing the building in context with the neighborhood and the topography. Poss pointed out this area is in transition. There are many 30 and 40 year old mixed use buildings and the plan tries to relate to the existing buildings as well as plan for the future and the renovation of these buildings. Poss showed the two entry courts; one at the north end and the fractional units and into a parking garage and the other as an entrance to the hotel. Poss pointed out the tallest part of the building has been pushed against the mountain. Poss said the roofs have been cascaded up the site to work with the mountain. Mayor Klanderud noted it appears the Juan Street housing is boxed in. Sarpa pointed out the building originally was only 5' from Juan Street housing; the building has been pulled back 30' and stepped back away from the Juan Street housing. Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Torre. All in favor, motion carried. Poss showed the gable and pitched roof design to avoid a monolithic flat-type hotel structure. The second or third story of the project has been built into the roofs. It has been necessary to keep the handicap access through all the various levels. This is a large site and the design has attempted to break up the buildings, make them seem less large. Poss showed where the building has been pulled back off South Aspen; the view easement across the Barbee housing, the driveway, the porte cochere, and the entrance to the hotel on South Aspen. Poss noted the drop off waiting area off South Aspen so that cars will not be queuing on the street; the restaurant area. Poss told Council there will be 12 Regular Meeting Aspen City Council September 12, 2005 a 3,000 square foot ball room and a 1,000 square foot meeting room. The restaurant is 4500 square feet, about half of that the dining area. Poss said the service area is below the bridge; the loading and unloading is underneath the building. There are 156 underground parking spaces in two garages. There is a spa located off the swimming pool. Poss pointed out the design tries to vary the setbacks from 0 to 10 and 15' along South Aspen. Poss told Council the heights of the building at the perimeters are 28'; going across there are heights of 42', 34', 38'. The heights vary and there is a lot of movement in the building. The ridge line at the spine of the building is 64' and this part of the hotel is set back 120' from the street. Poss showed a rendering of the view of the hotel, as one would see it skiing down; a rendering from Dean street up South Aspen; a rendering of the apres ski court. The elevator shafts are built into the cascading roofs. Mayor Klanderud said one major concern is that Juan Street housing looks as if it is built into a box. Mayor Klanderud said she would like more of a sense of the project from Juan Street. Mayor Klandernd said she is concerned about the increased traffic on one of the steepest streets in town. Some of the solutions listed are contrary to the city's policies. Chris Bendon, community development department, told Council this is a huge decision for Council. This is 2.5 acres of land at the base of Aspen Mountain and the project is a significant opportunity for the community. This will set the course of development in this area. Staff and P&Z struggled with this decision. There are two options; one is some type of short-term accommodation and the other is a 14-unit townhouse project, which has vested rights. Bendon said staff focused on the Aspen Area Community plan, the economic sustainability report, and the revised lodge code in reviewing this project. All those reports noted this is the appropriate place for lodge development. The 14 unit townhouse project does not fulfill the goals of the AACP or economic sustainability report; does not provide vitality for the area. Bendon pointed out when Council adopted the lodge code amendments, the development rights for townhouses was cut by 50%. Council gave P&Z a general directive to look at all aspects of a project and not to send projects to Council until they are satisfied with the project. That is why this process has taken so long and P&Z has tried to keep the short-term accommodation option viable in order for Council to make the decision. Lindt told Council the use as a lodge is appropriate for this site. This is the lodge district and at the base of the primary ski mountain. Staff does not feel additional residential townhouses are needed in this area. Lindt said the dimensional requirements took up the majority of P&Z's time. This is a large building. The applicants indicate they cannot make it smaller and meet their needs on site. The applicants have worked with the neighbors to limit the impacts on them. Lindt told Council at the final review, the Timberridge, Lift[ One and Juan Street homeowners associations withdrew their objections. 13 Regular Meeting Aspen City Council September 12~ 2005 Lindt said staff feels the height is similar to other lodging projects on the south side of Durant Avenue, which is where the city's largest buildings are located. Staff agrees the applicants have centrally located the majority of the highest points of the building and the site is screened from the public parts of town. Lindt said the main community benefit from the project is the additional lodge rooms to try and replenish some of the bed base that has been lost. Lindt said the new lift proposed by the applicants is a community benefit. P&Z felt these community benefits warranted flexibility in the dimensional requirements and voted 4 to 1 to recommend approval to Council. Lindt said the safety of South Aspen street was a big issue. The applicants have presented several options to makes the street safer; funding an additional city employee in the street department in the winter time for the life of the project; purchasing equipment by the developer and maintaining South Aspen street. Lindt told Council P&Z favored funding a city employee to maintain control of the streets. Lindt said staff feels if there is more development on South Aspen street, the street will have to be snow melted. The resolution contains a condition requiting the applicant to joint any future improvement district. Lindt reiterated the applicant has satisfied the replacement requirement of 12 affordable housing units on site. The applicants state they will have between 150 and 200 full time employees in order to operate the lodge. Sarpa stated this number will probably be lower due to the changes made through the review process. The applicants propose to mitigate 40% of their housing needs outside the city limits but within the urban growth boundary. The 156 parking spaces on site will satisfy the new parking requirements in the code. Staff agrees this is a large building but the changes affected by P&Z have been good ones. Lindt stated a primary question for Council is whether the community benefits warrant the flexibility in these dimensional requirements as proposed. Mayor Klanderud said she does not think 150 to 200 employees will be sufficient to operate a five-star hotel. Sarpa told Council the applicants have not selected an operator so these numbers have not been finalized. Sarpa said they propose to house 70+ employees within the city and the rest within the urban growth boundary. Mayor Klanderud asked about requiring an audit. Vann pointed out the new city regulations attempt to specify the mitigation requirement with the presumption if a development meets the requirement, they meet the requirement. Vann said based on the most recent inventory, the city codified specific employee generation for types of facilities and if an applicant meets those numbers, there is a presumption they have met the housing requirement. Councilwoman Richards asked about the very large blue spruce on this site. Sarpa said this will be part of the project. Vann said the applicants and parks department did an inventory of all trees on site. Councilwoman Richards said she would like the stop sign at Durant and South Aspen to be in one location and not change every season. Councilwoman Richards stated she is interested in what type of energy efficient standards this will be built and what the policy for energy saving devices within the hotel will be. Councilwoman Richards agreed it is apparent that properties in this area will be 14 Regular Meeting Aspen City Council September 12, 2005 redeveloped. Councilwoman Richards said she would like staffto show an overall master plan, what might be redeveloped and to what general footprint with rough FAR calculations. Councilwoman Richards said she feels it is important to look at this in the context of the entire area. This project will set a level of precedence for all other properties in this area. Councilwoman Richards said she would like to see the parking plan within the parking garage. Councilwoman Richards said she would like a site visit with story poles. Councilman DeVilbiss asked what size are the townhouses that were approved. Vann said they average 4,000 square feet. The entire project is 100,000 square feet above grade including 17 affordable housing units. The project was designed in strict compliance with the lodge/tourist/residential zone guidelines. Councilman DeVilbiss said it seems as Council has been presented with only town home option or this project option. Lindt told Council staff did not get into financial information on this project. Staff feels it is reasonable to assume that providing a 5 star facility, a larger building is needed. Sarpa noted that the applicants have gone through many meetings with P&Z, changing, lowering, stepping back, to make sure this is the best hotel that can be put on this site with the least impact. This process took 10 meetings with P&Z. The applicants spent a lot of time with the neighbors. The applicants feel more changes have been made to this point than is typically the case. The ceilings in the fractional units have been lowered to 9'4" and in the hotel to 8'6". There will be four 4,000 square foot free market units in the uppermost level of the hotel. The average size of the hotel rooms is 510 square feet. There are 14 suites in additional to the standard rooms. The affordable housing is 11 studios and 1 two-bedroom unit. Mayor Klandemd said the original proposal was to move the lift closer to town, which would help with skier traffic on Aspen Street. Vann said there have been discussions to build a cabriolet to transport skiers from Durant up to the relocated lift, which would involve the participation of other property owners. The Ski Company determined that there was not enough room to construct a return lift. Also the snow does not stay that low. Sarpa said if this property is developed, it is incumbent upon the applicants to take responsibility for making Aspen street safe. Sarpa told Council they do not know exactly what the solutions might be. Councilman DeVilbiss moved to suspend the rules and to extend the meeting to 10:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carded. Councilwoman Richards asked for an update on the lodge inventory, which should include the build out at Highlands, and replacement projects like the Grand Aspen. Councilman Torre moved to continue Resolution #69, Series of 2005 to September 26; seconded by Councilwoman Richards. All in favor, motion carried. 15 Regular Meeting Aspen City Council SePtember 12, 2005 Councilwoman Richards moved to go into executive session at 10:10 p.m. for the purpose of discussing property acquisition pursuant to C.R.S. 24-6-402(4)(a); seconded by Councilman DeVilbiss. All in favor, motion canied. Councilman Torte moved to come out of executive session at 10:25 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carded. Councilman DeVilbiss moved to adjourn at 10:25 p.m.; seconded by Councilman Torre. All in favor, motion carried. 16