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HomeMy WebLinkAboutminutes.council.20051024Regular Meeting Aspen Ci.ty Council October 24~ 2005 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................... , ............................................................. 2 CONSENT CALENDAR .......................................................... i ............................................ 2 · Resolution//83, 2005 -BTE Contract Parking Garage Stairs ................................ 3 · Resolution//84, 2005 - EOTC Brush Creek Park 'n' Ride Expansion Contract Part II .............................................................................................................................. 3 · Minutes - October 11, 2005 .................................................................................... 3 HISTORIC PRESERVATION LOAN- WELGOS .......................................................... 3 ORDINANCE//45, SERIES OF 2005 - Supplemental Appropriation ..............................3 RESOLUTION//69, SERIES OF 2005 - Lodge at Aspen Mountain Conceptual PUD .... 3 ORDINANCE//44, SERIES OF 2005 - Wagar Annexation ........................................... 10 ORDINANCE//43, SERIES OF 2005 - Wagar/Detweiler Subdivision .......................... 10 Regular Meeting Aspen Ci~. Council October 24~ 2005 Mayor Klandemd called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, DeVilbiss and Johnson present. CITIZEN COMMENTS 1. Dick Butera said Council and staff spend a lot of time trying to protect Aspen's, buildings, history and environment. Butera said there are some areas in town that do not look good. Butera passed out photographs of these areas and noted that compared to the work that has been done to spruce up the city, these are eyesores on many comers. These are the rows of newspaper boxes. Butera said he does not know whether this is a First Amendment issue but CounCil should look for some solutions. Butera said Aspen is the prettiest town in America except for some small spots. John Worcester, city attorney, told Council he worked on a newspaper rack ordinance in the early 90's and stated the First Amendment is implicated when cities regulate the press. The CCLC has discussed this periodically for years. Steve Barwick, city manager, noted there was a standard for newspaper racks developed for the DEPP project, and better racks may be an issue of funding. Mayor Klandemd encouraged the CCLC and staff to follow up on this. Councilman DeVilbiss agreed the city should look at this and see what will work to clean up the areas. 2. Diane Kessler thanked Council for money last year to bring the Northern Ute tribe to Aspen at the end of the ski season. Ms. Kessler requested $2100 to bring the Northern Ute Indians again to Aspen to perform blessing ceremonies for the opening and closing of the ski season and for Winterskol. This money is to defray gas and food expenses. Mayor Klandemd suggested this be added to the budget discussions. Ms. Kessler told Council there are in-kind contributions from the Ski Company in lift tickets and from some lodges. COUNCILMEMBER COMMENTS 1. Councilman DeVilbiss stated he was disappointed that the newspapers did not pick up the story about naming of the Bergman trail. Councilman DeVilbiss said he received comments about the eloquence of the proclamation and commended the author, Mayor Klandemd. 2. Loren Ryerson, chief of police, told Council Aspen Junior Hockey will be hosting the "fall Face Off" hockey tournaments over the next 3 weekends and 80 teams and their families will be coming to Aspen to play at the Ice Garden and at the ARC. These families are staying in local hotels and eating in local restaurants. CONSENT CALENDAR Mayor Klandemd stated she has a conflict of interest on the Historic Preservation loan and requested it be pulled. Councilman Torre moved to approve the consent calendar as amended: Regular Meeting Aspen City Council October 24~ 2005 Resolution//83, 2005 -BTE Contract Parking Garage Stairs Resolution/484, 2005 - EOTC Brash Creek Park 'n' Ride Expansion Contract Part II Minutes - October 11, 2005 HISTORIC PRESERVATION LOAN- WELGOS Councilman Torre moved to approve the historic preservation loan for Welgos; seconded by Councilman DeVilbiss. All in favor; Mayor Klandemd abstained, motion carded. ORDINANCE #45~ SERIES OF 2005- Supplemental Appropriation Councilman Torre moved to read Ordinance//45, Series of 2005; seconded by Councilman DeVilbiss. All in favor, motion carded. ORDINANCE NO. 45 (Series of 2005) AN ORDINANCE APPROPRIATING AN INCREASE IN THE GENERAL FUND EXPENDITURES OF $400,221 AN INCREASE IN THE PARKS FUND OF $27,200, AN INCREASE IN THE KIDS FIRST FUND OF $20,000, AN INCREASE IN THE PARKS CAPITAL FUND OF $90,000, AN INCREASE IN THE WATER FUND OF $40,000, AN INCREASE IN THE ELECTRIC FUND OF $249,513, AN INCREASE IN THE TRANSPORTATION FUND OF $80,000, AN INCREASE IN THE TRUSCOTT FUND OF $ 35,000. Councilman Torre moved to adopt Ordinance//45, Series of 2005, on first reading; seconded by Councilman DeVilbiss. Mayor Klandemd asked about the police request for $59,000 for insurance and whether the police savings of $30,000 is added to this for a total insurance cost of $89,000. Paul Menter, finance director, told Council insurance and workers' compensation costs have gone up and some departments need an appropriation to cover those costs. The total costs for the police department include the savings. Roll call vote; Councilmembers Richards yes; Johnson, yes; Torre, yes; DeVilbiss, yes; Mayor Klandemd, yes. Motion carded. Councilman Torre moved to continue Ordinance//37, Series of 2005, to November 14; seconded by Councilman DeVilbiss. All in favor, motion carried. RESOLUTION #69~ SERIES OF 2005 - Lodge at Aspen Mountain Conceptual PUD Regular Meeting Aspen City Council October 24~ 2005 Councilman Johnson left due to a conflict of interest. Chris Bendon, community development department, reminded Council on September 12th they had an overview of the project and September 26th there was a public heating and the applicant heard Council's concerns. The applicants have amended their application t° meet those concerns. Bendon noted the first issue was size and massing; Council indicated concern about the project being too large. The applicant made revisions to the heights, which affected the room counts and site amenities. The resolution before Council has been updated to reflect these changes. Bendon reminded Council they were concerned about the affordable housing, location and quality. The applicants made revisions to the affordable housing. The original plan had 12 studio units, north facing, below the pool deck area. The new proposal has 6 studio units and 4 two-bedroom units and they have been relocated on the site. Bendon said at the last hearing there was a question on whether replacement units have to be located on site. Bendon said they have to be on the site but they may be on a separate parcel, which is part of the same PUD. Bendon told Council the applicant has been responsive and there have been improvements in this project to address Council's concerns. Bendon said another area of concern is the delivery location; half the neighbors want the traffic routed up South Aspen and half the neighbors want it routed up Garmisch. Staff feels South Aspen is a more appropriate street to route delivery traffic; it is a wider street with thicker asphalt. Bendon noted there are deficiencies on South Aspen street and these need to be addressed through this application. Capital and operational improvements will need to be addressed. The applicant has agreed to address these issues in their final application. Bendon stated staff supports this application and feels it is superior to the approved plan for 14 town houses. The applicant has been responsive to the neighbors, to P&Z, to staff and to Council's concerns. John Sarpa, applicant, said the applicants heard that Council preferred a hotel in this location to townhouses but the building was too big, too tall. Sarpa told Council the applicants contacted hotel operators with whom they have been negotiating and as a result were able to take off a story in the center portion of the hotel, sarpa noted the proposal went from 85 hotel rooms to 80 hotel rooms. The restaurant and the ballroom, which was two floors on the south end of the project, were reduced. The ballroom was-' reduced to meeting rooms tucked under the mountain. The restaurant was moved closer to the lobby. There is 3,000 square feet of meeting room and the large room can seat up to 150 people. Sarpa pointed out the public spaces were overly large. The back of the house spaces was shrunk. Square footage was eliminated and the common space was reconfigured. Sarpa showed where a floor was taken out of the middle of the project and the resulting 11 foot reduction in height. Councilwoman Richards asked the FAR reduction from the previous design. Kim Weil, architect, said this is an 11,000 square feet reduction. Sarpa noted the building was lowered near Juan street houses. .- 4 Regular Meeting Aspen Ci~. Council October 24~ 2005 Sarpa noted the second challenge was the on-site affordable housing. These were relocated to an area that previously had free market units. The affordable housing is all above grade and 6 studios and 4 two-bedroom units have replaced the 11 studios and 1 two-bedroom unit. Spa treatment rooms have replaced the affordable housing space. The building has been sunk. The FAR is below 2:1. Sarpa told Council at final they might request another level of parking below the north building, which would increase the parking below the north below from 80 to 160. There are 156 parking spaces designed to comply with the code requirement for parking. The applicants may ask for additional below ground spaces. Sarpa told Council the applicants have had preliminary discussions with the new owners of the Holland House who are willing to participate in the process to make Aspen street safer. Sarpa said the applicants will work with RMI on environmental impacts, energy efficiency both on the building and on safety of Aspen street. Weil showed that 11,400 square feet came off the top of the building. Some of the double height space was filled in; the ballroom was changed to meeting spaces. The original project was 185,400 square feet and this is 181,000. Sunny Vann, representing the applicants, said when designing this project, the applicants tried to keep in mind the proposed lodge code amendments and their dimensional requirements. Vann said for a site of this size, the code amendment would allow 2.5'1 FAR. Sarpa noted the height of this project has gone from 60' to 49'. Sarpa stated it is this hotel or the townhouse project. Sarpa said this is the first new hotel project presented to Council in 15 years. Vann said it is difficult to finance a hotel off just nightly rentals. The new city lodge code allows some free market space to help finance a project. Vann said they have tried to keep this project at 80/20 (hotel/free market). Vann told Council the Mine Dumps has 16 multi-family units with 23 bedrooms and 7700 square feet. The applicants are required to replace 50% of the bedrooms and 50% of the square footage. The proposal is for 12 bedrooms. The code has been modified since the submission to also require 50% of the units. The applicants are proposing 10 units and more than the required bedrooms. Vann told Council there will be affordable housing proposed for the project in a site in the east end of town. These will be more family-type units, fourplex configuration. There will also be units at the ABC available for affordable housing. The actual mitigation of employees will be part of the final submission so the number of employees generated can be fine tuned. The housing authority will review this before it is reviewed and approved by Council. The applicants stated in the conceptual application 150 to 200 employees will be generated. This could be increased or decreased with the final program. The applicants have committed to housing 60% of the employees within the city and the rest within the urban growth boundary. Councilwoman Richards asked about the traffic generation numbers. Vann said the applicants did a traffic analysis, which was reviewed by the city engineer. The issue is not the generation of traffic but the impact in the winter and the condition of Aspen Regular Meeting Aspen City Council October 24~ 2005 street. The project has been designed not to take the majority of traffic all the way up the hill. Councilwoman Richards asked if there is a contribution to storm water runoff. Vann told Council a project like this cannot be done with drywells. In cases where discharge to the storm sewer is a requirement, the engineering department imposes a condition and requires a pro rata contribution to the city's overall storm water management plan. Councilwoman Richards said she would like to see the connectivity to the rest of the city's systems. Councilwoman Richards asked about the depth of the sub-structure, how deep will this go into the mountain. Councilwoman Richards said she is concerned about the stability of Aspen mountain. Sarpa told Council most of the drainage flows are east of this site. Sarpa said they were careful not to go farther into the mountain than necessary. Weil said the largest cuts are 30 to 35' in depth. The Residences and the Hyatt are both much deeper. Weil showed where the underground parking areas will be. Councilwoman Richards asked the size of the free market units. There are 4 whole ownership units of 4,000 square feet, 3 units in the south building and 1 in the middle. Weil said moving the restaurant down to the lobby lev61 eliminated one kitchen, and there is now one kitchen to serve both the restaurant and the meeting rooms. Councilman DeVilbiss asked the underlying density in this zone district. Bendon said for multi- family the requirement is 3,000 square feet of lot area per unit and there is no requirement or limitation on lodge units. Mayor Klandemd opened the public heating. Karen Fletcher, Juan street resident, said the size of this building on 2.4 acres is out of character and seems too big for this area. There will be a large impact on this area with the Chart House, Dancing Bear, and Limelite. There is a concern on construction traffic and construction parking. Ms. Fletcher said she is very concerned about the delivery entrance fight next to Juan street. Bart Johnston, Timberridge, said this is an improvement over the last presentation. The affordable housing used to look straight into the Timberridge units and the spa area will be less intrusive. Timberridge supports this project. Kirsten Morgan, Juan street homeowners, stated they support the project. It is a good plan that will benefit the town. This is better than the backup plan. The developer has worked with the homeowners and their support is contingent on continued involvement as this project moves forward. Letters from Dwayne Romero, Simon Pinniger, Todd Klingworth and Richard Holland in favor and a phone call from Frank Dolinsek stating the project is .still too big and it should stay within the code were entered into the record. Mayor Klandemd closed the public heating. RegUlar Meeting Aspen Ci.ty Council October 24~ 2005 Sarpa stated this is a good balance of the needs of the community to have a new hotel in the fight location and a balance of the community aesthetic, how to take care of tourists and to keep Aspen Aspen. Sarpa said another goal is to' bring some activity to this side of Aspen, to put in a new lift, to fix Aspen street and to make the final connection on Dean street all the way to the gondola. This will anchor and offset the other side of the mountain. Sarpa stated this process has worked. The applicants spent a lot of time before appearing before Council with staff, neighbors and P&Z, all of whom had important input. Sarpa said the applicants feel this is better than the alternative of 14 townhouses. The townhouse approval does not have any requirement to address Aspen street; there would be no lift. The townhouses are more intrusive on the neighbors because they are on the property line. Sarpa said this is the fight project for the west side of Aspen mountain and is a good balance for the community. Councilwoman Richards asked how many square feet the townhouses would be. Vann said it was designed at 1'1 FAR; the site is 90,000 square feet. Councilwoman Richards noted that the townhouses, if built, would be 2/3 smaller than the hotel and asked if it is the nature of the use that makes the hotel more attractive. Sarpa said it is the nature of the uses, the community impact, and the community benefits. Vann said after many discussions with P&Z and with Council, the city adopted up to 3'1 FAR on sites of 27,000 square feet or less and up to 2.5:1 on sites over 27,000 square feet for new lodge development. Vann reminded Council this building is broken up and is below 2:1. There are some heights over allowable code; however, this is a place in town where a building could be located and from most places in town it cannot be seen. This location can accommodate the proposed FAR and the proposed height. Vann stated a 1'1 FAR hotel does not work in today's economics; units and bathrooms have to be larger. The applicants have dealt with a neighborhood that is a short term rentals but where the buildings are smaller scale and were built in the 1960's and 1970's. In order to have the neighbors accept this project, the edges are lower and the building is taller in other portions. The design helps reduce the impact of the height. Councilman DeVilbiss asked if the size of the free market townhouses is fixed. Bendon said there were no variances requested and the design complied with the underlying code. These units are approved and vested. This applicant purchased the property and in order to protect the investment, they obtained final approval for the residential project. The applicants would prefer to build a hotel on this site; if they cannot build a hotel., they will revert back to the residential approval. Councilman Torre said this approval would set a precedent in this area and on South Aspen street. Vann stated this applicant came in anticipating the code amendments in process. Vann said anyone who applies now will apply under the lodge code rather than under the PUD regulations. Sarpa said this piece of land is the largest so it is unlikely someone would come in under the PUD with other pieces of property. Sarpa said other developments in this area should be smaller than this proposal and complementary to this lodge. Vann reiterated the city passed new legislation to encourage the development of new lodge rooms. New hotels have been unfeasible unless an applicant was willing to come in under the PUD regulations and make an argument for why more height or mass Regular Meeting Asoen City Council October 24~ 2005 was needed. The new legislation affects all the lodge zoned land in the community. It is reasonable to assume that people with lodge zoned property would come in to try and process a lodge under the new regulations. Councilman DeVilbiss stated he has heard justifications for this project in terms of financial feasibility. The city has never looked at the economics to determine to what extent these assertions are tree. Councilman DeVilbiss asked what happens to the renters at the Mine Dumps. Councilman DeVilbiss said when the height regulations were raised from 28' to 42', people did not envision this meant 50'. Councilman DeVilbiss said there are four 4,000 free market units proposed, which is large. Councilman DeVilbiss asked if making these units smaller would lower the height. Councilman DeVilbiss said he does not doubt that what is built would resemble these drawings; however, his reservations about height, scale and mass remain. Councilman DeVilbiss stated he opposes heights of this type. John Worcester, city attorney, stated there is no requirement in the city code for financial information. The applicant has made representations about the financial feasibility and Councilman DeVilbiss would like that proved. Mayor Klandemd asked if the size of the free market units were reduced, what would that do to the height of the building. Weil said these are not built in parts of the building that are the tallest. Sarpa noted what is happening in the lodge industry was submitted as part of this application. The ability to finance a stand alone hotel has diminished and there is a large interest in combining hotels with residential components. In order to provide an 80 room hotel, there is a free market piece to help finance the project. Councilman DeVilbiss said there needs to be a level of transparency so that citizens can understand the basis on which decisions are made. Councilman DeVilbiss stated he is not willing to vote conceptual approval until he has that financial information. Mayor Klandemd noted the city has not made that request of other applicants. Bendon said there are no standards in the land use code to critique that information. Mayor Klandemd said how does Council vote on a margin of profit, or say what is a reasonable rate of return. Councilwoman Richards pointed out the lodge code amendments were an attempt to state what the city will accept. That code was adopted with a 42' height limit as a constraining factor on the building. Councilwoman Richards said the free market project was approved at 46,000 square feet compared to this project with 68,000 square feet of fractional and free market units in this proposed lodge. Mayor Klandemd stated this decision that affects the future of the community. This project did not come in under the new lodge regulations, which were adopted in 2005. Vann reiterated the new regulations would allow 2,5'1 FAR to cover the entire site with a 42' high building. Vann said this application is a better utilization of the site and is more interesting than a 2.5' 1, 42' high building. The project is in compliance with the height regulations on the perimeter of the building and is higher than 42' where it has little impact. Sarpa said another part of this proposal is to improve the west side of the mountain and the town. Mayor Klandemd agreed a hotel in this location makes more Regular Meetin~ Aspen City Council · October 24, 2005 sense than the townhouses as approved. During the discussions on infill, Council decided this area was not appropriate for single family or town home development. Mayor Klandemd stated the city has no standards to insure fairness by which to make a decision on financial information. Sarpa said financing a large, complex project like this is not easy and there is a limited field of interested investors. Councilwoman Richards acknowledged the work the applicant did with the neighbors, trying to meet different sets of needs. This is a good standard for the development community' Councilwoman Richards acknowledge the cuts that were made in the last month. COuncilwoman Richards said this project brings life and apres ski back to lift lA, which is good. This is a 2:1 FAR on a large site, which is a reasonable ratio. The proposal brings lodge beds to the base of the mountain. Councilwoman Richards stated she is struggling with the 50' height and 180,000 square feet, the totality of the building across the site. Councilwoman Richards said one side may define the economy in the future and the other side defines Aspen's character. Councilwoman Richards said she cannot support this project because of the size and the height versus defining Aspen's long term character. COuncilwoman Richards said Council has an obligation to make sure they get it fight. Councilwoman Richards said she would like to find a win/win/win solution although she does not know the specifics. Councilwoman Richards stated she does not want to approve additional height or size if that is to finance a lift on Aspen mountain. Councilwoman Richards suggested a partnership with the city, exploring tax increment financing to allow the project to go forward without the size required by the financial drivers. Councilwoman Richards stated this is an appropriate site for a lodge. Councilwoman Richards said approving this without knowing about other developments on Aspen street is a concern, the traffic, the streetscape and the ambience. Councilwoman Richards said she is willing to explore other ways to keep this project viable but smalleri Councilman Torre said he would give them an opportunity to move to final review and that the applicant knows they have serious cOnditions to meet at final review. Sarpa said he does not know a way to make this project smaller. The applicants have worked on the project for two years to make it the way it is. Sarpa noted the applicants tried hard to design this so it does not look like Vail. Councilwoman Richards said she would like to see more work toward reducing the height and the square footage. Councilwoman Richards stated maybe this project should not be paying for a new lift. Councilwoman Richards moved to continue Resolution #69, Series of 2005, to November 28; seconded by Councilman Torre. Councilman Torre said making decisions based on financial information is not within Council's scope. Councilman Torre said room mix is important to him. Councilman Torre said his concerns have to do with affordable housing, the layout and configuration, South Aspen street, construction traffic mitigation. These can be addressed at final Regular Meeting Aspen Ci.ty Council October 24, 2005 review. Councilman DcVilbiss stated as along as an applicants make the assertion that economics require certain things, Council has an obligation to verify those claims. All in favor, motion carried. ORDINANCE #44~ SERIES OF 2005 - Wagar Annexation ORDINANCE #43~ SERIES OF 2005 - Wagar/Detweiler SubdiviSion Councilman Johnson is not taking part in this discussion because of a conflict of interest. John Worcester, city attorney, pointed out the map showing lots 1 and 2, which are in the city, and a parcel to the north to be annexed into the city. Worcester said state law requires zoning to be done after an annexation and suggested Council consider the land use application, then approve the annexation. If Council denies the land use proposal, the annexation will be withdrawn. Joyce Allgaier, community development department, went over the exhibits A- staff findings, B - Council packet 4/2004; C - P&Z resolution//29, 2005; D - additional information requested by Council at first reading; E- hard boards vicinity map and Wagar/Detweiler plat proposal, and the application of June 14, 2005. Ms. Allgaier said the PUD amendment is necessary because previously there was an approval for this property and a PUD amendment in 2004, where the lot sizes and setback variations were established. There is also request for subdivision because of the lot line adjustment. Ms. Allgaier pointed out the area to be annexed and the proposed lot line readjustment. Ms. Allgaier reminded Council in April 2003, a fire gutted the duplex on this site. The applicants came in and requested that rather than redevelop the duplex, they be allowed two development fights to build two single family residences, with each residence having 3400 square feet. This was a .3' 1 FAR. Lots 1 is 11,237 square feet and lot 2 is 11,400 square feet, less than the required 15,000 in the R-15 zone. The owners proposed to annex land to the north, adjust the lot line between the two lots to achieve lots of 14,400 and 14,600 square feet, closer to the required lot size. The owners propose the floor area be that allowed in the R-15 zone. This would allow 4400 square feet on lot 1 and 4200 square feet on lot 2. Ms. Allgaier said the only variance requested for setbacks in the front yard; 25 feet is required and the applicants are requesting 10 feet. The applicants will have a larger rear yard setback. Ms. Allgaier told Council P&Z felt this was a new application with new circumstances of additional land through annexation. P&Z thought moving closer to standard 15,000 square feet lot sizes was a desirable outcome. Ms. Allgaier said at first reading Council asked for minutes of actions on this property from 2004. Council also asked for a zoning map of the surrounding area, which is exhibit D. Ms. Allgaier pointed out there are a variety of zone districts in this area, R-15, AH/PUD, R-6 and county R-15. The immediate neighborhood is R-15, which is why that is reasonable zoning. Ms. Allgaier told Council there is an e-mail from Suzanne Wolff, county planner, indicating the property was not conveyed using open space funds and there are no open space 10 Regular Meeting Aspen Ci.ty Council October 24~ 2005 restrictions on this property from the county. Councilman DeVilbiss said the question about setbacks was answered to his satisfaction. Ms. Allgaier said staff and P&Z agree that lots conforming to the zone district size is good policy. Ms. Allgaier said with increased lot sizes, there could be increased FAR on these lots. Ms. Allgaier said the floor area ratio would be the same, around .3' 1. Staff and P&Z are recommending R-15 zoning as compatible with the surrounding area. Councilwoman Richards asked if the R-15 zoning is turned down, would the existing FARs from the previous PUD approval stand. Ms. Allgaier said the floor area ratios agreed to last year would stand. Councilwoman Richards asked if the parcel to the north, which is the subject of the proposed annexation, would be large enough to be a lot with a building fight. Ms. Allgaier said this lot was the subject of a lot split approval by the county; however, she does not know what size house could be built. Mayor Klandemd asked about affordable housing mitigation. Stan Clauson, representing the applicant, said based on the proposed size of the house, there wOuld be a mitigation payment at time of building permit. Clauson said this property in the county would be annexed and added to the subject property to create more generous size lots. Clauson said for lot 2, which has a house under construction, this will allow more margins around the structure. Lot 1 will allow more latitude for design. Clauson showed how these structures with setbacks would appear. The country regulations for setback vary from 0 to 6 feet. The applicants calculated the average on Park Circle, which is 10 feet. The applicants feel that is reasonable for both parcels. Clauson pointed out the county parcel, A, has a perpetual easement to Wagar on it. In order for the county to sell that parcel the easement would have to be vacated. The reconfiguration allows a more generous lot with more latitude for design. Clauson told Council during the heating on this property last year, the applicants requested a FAR based on the zoning chart. P&Z came up with an FAR of 3400 square feet. Clauson stated the city has a zoning code with allowable floor area and any property owner in that district should be able to use that Zoning code to determine the size of their house. Clauson said they do not feel this is an excessive request. Clauson quoted from the March 2004 P&Z minutes where a P&Z member noted if parcel A were purchased and added to these two lots, the lots would be less short of the 15,000 square foot requirement. The applicants were on record that they would try and make this arrangement. Clauson said this is consistent in terms of floor area; it rationalizes a situation; it provides for sidewalk. Clauson said this is a minimal request and consistent with the code. Mayor Klandemd asked what size building would be allowed on parcel A if it were in the city. Chris Bendon, community development department, said a 3240 square foot house would be allowed. Mayor Klandemd opened the public heating. There were no comments. Mayor Klandemd closed the public heating. 11 Regular Meeting Aspen Ci~. Council October 24~ 2005 Mayor Klandemd stated this Proposal would increase the potential for larger floor area on these two parcels. Originally there was a non-conforming duplex. After the duplex burned, the Council agreed to 3400 square feet for each of two single family dwellings last year. Clauson reiterated the city has a zoning code and staff counsels that the zoning code should be followed. Clauson said the zoning code would allow for a larger house but it allows anyone with a 15,000 square foot lot to have a house that size. Councilwoman Richards said Council does not have to approve the annexation or to approve reconfiguring the lots. Councilwoman Richards noted the duplex was 5760 square feet. Because of the hardship of the fire, splitting the bulk of that building into two smaller buildings was argued to be a community benefit. Staff proposed that 5760 square feet be split between two structures. P&Z and Council agreed to allow 3400 square feet each, a total of 6800 square feet, an increase of 1100 square feet. This request of annexation and resubdividing would add another 2000 square feet, a 25% increase. Councilwoman Richards stated there is a point where these increases take away the community benefit of the lot split and dividing the mass into two pieces. Councilwoman Richards said a factor of her earlier decision to allow 3400 square feet was that there was a ground easement on the land to the north owned by the county, and that parcel would not be developed and that these two houses would be in scale. Councilwoman Richards said she cannot approve using land with a perpetual easement and converting that to buildable FAR to increase the house sizes by another 25%. Councilwoman Richards said this is 3,000 square feet larger than the duplex that was allowed. Clauson reiterated the allowable FAR of 4462 and 4275 square feet are directly from the zoning code. Mayor Klandemd said she agreed with the two lots, two single family proposal as a better development and a reasonable compromise. Mayor Klandemd stated she is uncomfortable with another proposal incrementally getting larger. Mayor Klandemd said the compromise of 3400 square feet/lot made sense for the neighborhood. Councilwoman Richards said she does not find the addition of this land formally to the parcels a compelling argument to increase the FAR. Councilwoman Richards stated she took parcel A into consideration when making the last decision. Ms. Allgaier noted staff supports two lots closer to conforming sizes for the zone district. Councilwoman Richards said she would not have supported the original proposal if it would have resulted in a 3,000 square foot FAR increase. Rich Wagar, applicant, said the easement was owned by he and by Detweiler and is an access easement. Wagar asked if there is an FAR between 3400 and the allowable that Council might accept. Mayor Klandemd said the larger lots with no development would make an enhanced property. Councilwoman Richards said she sees some value in straightening the lines between the two lots. Councilman DeVilbiss said he supports not increasing the FAR for the reasons mentioned by the members of Council who reviewed this earlier. Clauson suggested Council could approve a larger lot size with no increase in FAR. Mayor Klandemd said she is willing to approve an anneXation with the FAR at 3400 square feet. 12 Regular Meeting Aspen Ci~. Council October 24~ 2005 Worcester suggested amending the ordinance in Section 1, paragraph 3, to change 4462 to 3400 square feet and 4275~ would be amended to 3400 square feet. In the annexation ordinance, Section 1 would be amended to state ~that the tract of land described in the petition for annexation commonly referred to as the Wagar/Dctw¢iler subdivision and as shown as the annexation map is hereby annexed to the city of Aspen subject to a pre- annexation agreement whereby applicant agrees to the FAR limitation as set forth in Ordinance #43, Series of 2005". Wagar and Detweiler both stated this is acceptable to them. Mayor Klandemd opened the public heating on Ordinance #44, Series of 2005. There were no comments. Mayor Klandemd closed the public heating. Councilman DeVilbiss moved to adopt Ordinance//44, Series of 2005, as amended; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Torre, yes; DeVilbiss yes; Mayor Klandemd, yes. Motion carried. Mayor Klandemd opened the public heating on Ordinance//43, Series of 2005. There were no comments. Mayor Klandemd closed the public hearing. COuncilwoman Richards moved to adopt Ordinance//43, Series of 2005, as amended with the FAR as discussed; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to go into executive session at 9:15 p.m. pursuant to C.R.S. 24- 6-402(4)(a) acquisition of property, to discuss two separate parcels, one of which is Smuggler Mountain; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DcVilbiss moved to come out of executive session at 9:35 p.m.; seconded by Councilman Torr¢. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:35 p.m.; seconded by Councilman Torre. All in favor, motion carried. Kathryn S. Koch, City Clerk 13