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HomeMy WebLinkAboutmintues.council.19840206Regular Meeting Aspen City Council February 6, 1984 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Blomquist, Collins and Walls present. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER CO~IENTS 1. Mayor Stirling said Council should give some thought to the charge they would like their representative to the RFTA to take to that board. Mayor Stirling suggested the Council meeting with Dwight Shellman to go over these aspects. 2. Mayor Stirling said the task force studying the role of the City in the resort have asked for a work session to discuss three proposals for a visitors' center. Council scheduled this for February 15 at 5 p.m. 3. Councilman Blomquist said the task force on the city's role in the resort has asked for an appropriation of $1200 for secretarial work, etc. Councilman Blomquist moved to appropriate $1200 for this purpose; seconded by Councilman Collins. All in favor, motion carried. Mayor Stirling asked about the East Cooper Avenue parking. Monroe Summers told Council that both parties have come to a compromise, and this item is being taken off the agenda. Staff will report back to Council on this. ASPEN MOUNTAIN LODGE CONCEPTUAL PUD Mayor Stirling asked Council in a straw vote, how they feel about some form of a hotel being located on that site. Council indicated that's where a hotel should be. Mayor Stirling said there was a question raised at the last meeting about the legitimacy of this applicant. Mayor Stirling said there is no one waiting in the wings to take over the application. This particular applicant has the authority to make this application. Mayor Stirling reported the favorable and not so favorable mail is about even. Mayor Stifling said Council has received a memorandum from City Attorney Paul Taddune on planned unit development and attached PUD legal research throughout the country. Mayor Stirling said the question is what is the purpose of a PUD; the Code talks about flexibility, innovation and variety. The objective of the PUD is to create a more desirable environment than would be possible through strict applications of other section of this Code. Mayor Stirling asked if this lodge proposal is a more desirable environment than would be possible through strict applications of the code; will this PUD improve Aspen, will it improve the lives of the citizens. Mayor Stirling said the Code talks about providing more open space, more parking, better design. Mayor Stirling questicned if this application with the recent changes improves on the existing envelopes that would have been if one used zoning to use. PUDs generally cluster development to achieve the same density had the developer laid out the project in a traditional manner. Is the amount of FAR requested more than the communitys' tolerance. Is this application compatible with Aspen's GMP. Sunny Vann, planning director, told Council PUD regulations are a modern technique and are to give communities flexibility in getting development that is appropriate for their community. Vann said in order to achieve the purposes set out in the PUD, elected bodies are granted certain flexibilities; they are allowed to vary the basic underlying zoning requirements. The flexibility is to insure that the product is in the best interest of the community; this has been used primarily in residential development. Councilman Collins asked if there are any elements that cannot be granted a variance under the PUD process. Vann said the density cannot be varied; density as dwelling units per acre. The Code does allow variance of FAR, which one might guess meant ~ncreasing the FAR might help furthering the PUD process. Vann told Council the number of lodge uniits in the lodge zone is a function of FAR. Vann said it has been the position of the plahning office that since the PUD regulations allow varying the FAR, that varying FAR with r~spect to a lodge project would not be in viola- tion of the density provisions. The appilicant must demonstrate these increases promote the intent and purpose of the PUD regulationis, and is in the best interest of the community. Vann told Council the approval of this plroject under PUD is a separate issue from growth management. The allocation of a multi ylear quota is a growth management concern. A variance from the underlying requirementi is not a violation of the city's growth management plan. The Council will have to decide i!f multi-year allocation is consistent with the growth management plan. The P & Z has recommended such an allocation is consistent with the GMP, provided certain things are don!e by the applicant. Councilman Blomquist asked the planning staff for a report on FAR bonuses in recent projects. Vann said the Hotel Jerome is 2.7:1 in an allowable FAR of 2:1. Vann said ther~ was a strong desire to upgrade the Jerome and retain the historical aspects of the building. Joe Wells told Council in order to be elligible to file for a PUD, there is a minimum of 27,000 square feet of land. The PUD onliy permits larger owners to go through the process.!i Wells said the Council looks at each PUD on a case by case basis and makes judgements whether the benefits merit granting any ivariations to the underlying zoning. Wells said the applicant has tried to make the benefits to the community known; this is a facility the community does not presen~tly have, especially in the conference facility. This proposal will upgrade the water and sewer systems, will help the storm runoff problem~ The applicant has'made a commitment to plarticipate in the upgrading of the lodge district area. This proposal will clean up the ~ncompleted development in the area. John Doremus said in preparing the application, the applicants know if they stick to the underlying zoning and all requirements, they do not: have the project they have presented. Alan Novak said the applicant has presented a plan iconsistent with the rules regarding land use in Aspen. Novak said under PUD, it is the !Council's judgement the applicant is seeking. Novak said if the area zoned conservatioln were counted in the FAR, the project would be 1:1. The Code is silent on whether conservation land should be counted. Doremus introduced Bill Ballsinger, executive vice president of Registry Hotels, to talk about hotel operations. Ballsinger said Registry Corporation has been studying this part of the country; this area offers a lot Of potential in the resort business. Ballsinger said resorts are hard to do unless one is very professional. Ballsinger said if a hotel is going to have a conference facility, lit needs so many rooms to rent and must have a physical plant so it can be somewhat self-contained. Ballsinger said if the FAR is cut substantially, this will take away from ithe ambiance and the quality. Ballsinger said the Registry hotels range from 200 rooms to 570 rooms. Ballsinger said an operation of this nature would require one employee per unit, about 400 employees. Novak said their studies indicate there iwould be a lower ratio of conference business during the high season. The hotel's strategy would be to stress the off seasons. The projections indicate that 55-60 percent of the guests of the hotel would be people coming to conference, with the larger per cent targetted at the off seasons. Novak told Council the hotel is looking at a number of hotel operators who are successful and who are inter- ested in Aspen. Andy DiSabbatino asked ~if with the high cost of rooms, the Registry has 2, or 3, or 4 people in a room. Ballsinger said it is their experience that one or two people stay in the room. John Doremus introduced the head of TDA,i which is one of the leading transportation planners, Bill Eager who will address pedestrian, parking, traffic, and congestions. Eager said his firm did an analysis of the parking and transportation requirements for this project. Eager told Council when TDA did the study they looked at the characteristicB of the project, which intends to draw on group business and will have a conference facllltF, and the applicant's willingness to encourage pedestrian use. The site location is right across the street from Rubey park. Eager pointed out Aspen winter visitor has a much higher use of air travel. Eager said the total provision for parking in the plan is 512 spaces. TDA's estimate of peak winter demand is 480 cars and in the summer 442. The Aspen Code requires 642 spaces for the entire site. Eager said he is ~onfident of the numbers in the study because of detailed work in Steamboat Springs, characteristics of the Aspen visitors, survey of condominium operators, and parking requirements from major ski areas in Colorado. Eager said the vacation of Dean street and changes on Mill street will eliminate 30 parking spaces. These spaces are being used byiactivities in that area that would be replaced by the lodge. The applicant has provided for all the site all parking needs on-site and not on the street. Eager told Council Dean street carries a small level of traffic mostly related to the adjacent development. Dean street is n~t necessary to the continuity of downtown Aspen. The project plans to reconstruct Mill soUth ~f Galena, put in sidewalks. Durant will be resurfaced, and the intersections at Galena dn Mill will be redone with new crosswalks. Eager said the whole PUD at its completion in five years will have 1135 trips in or out of the projects. Eager said this project will eliminate 277 existing lodge units and 40 residential units. Eager estimates the traffic from these existing rooms is 640 daily trips and 160 peak hour trips; the net increase is 495 daily trips and 180 trips in the peak hour. This would increase the existing traffic on Durant by 300 vehicles; currently there are 5300 vehicles on a daily basis so the project would increase the traffic on Durant by 6 per cent. Eager told Council for pedestrians there will be additional sidewalk, completion of a trail system, a trail south to Ajax, new crosswalks. At the peak hour, there will be about 180 people crossing Durant. Eager did a county at Galena and Hyman and the pedestrian count was 500 per hour. Eager said a 6 foot sidewalk can handle 3600 pedestrian per hour. Councilman Blomquist said his experience is that one parking space per unit is not needed.~ Councilman Blomquist asked if the number of parking spaces could be lowered, could the number of units in the hotel also be dropped. Eager said he feels the 380 is conservativei~ Regular Meeting Aspen City Council February 6 1984 Councilman Blomquist asked the cost of parking. Novak said they are figuring $13,000 to $15,000 a space. Novak said the applicants are reluctant to save on costs that may have an impact on the town. Novak said TDA is doing a study at the end of the month to confirm their figures. Novak said they feel the rules of the PUD do not require a developer to build more parking spaces than they feel make sense. Mayor Stirling questioned why the city would give an allowance of less then one parking space per bedroom when this parking garage will be used by more than just hotel guests. Eager said using the Code requirement would be wasteful. Eager said he feels their estimates are conservative. Doremus said from a planning standpoint, the applicants asked for the right number of parking spaces. The applicant is providing all the parking on-site off the street. Doremus pointed out an operator won't take the hotel unless it has the right amount of parking. Ralph Melville asked if the applicant has taken into account employee parking or the hotel's courtesy cars. Eager said there are four employee parking spaces for management, the applicant intends to provide employee housing within walking distance, the applicant will provide bus passes for employees, the courtesy vans will be available for employees. Gary Plumley from CCLC told Council the walking conditions in this area are so dismal that people staying in this area actually get in their cars and drive to town. Plumley said if this area is upgraded, there will probably be a higher volume of pedestrians. Jon Busch said he basically supports the project, but with the number of off-site employees there will be more than ever a need for a cross town shuttle to connect with the Rio Grande: parking. Busch said there are some off-site transit needs, already needed in the community; which will be aggravated by this project. Eager pointed out the applicant agreed not to protect a local improvement district to improve transit facilities and to support studies of Rubey park or alternatives. Novak said the applicant will work with the city and provide some resource support, as there are transportation problems the city is confronting. Mayor Stirling said the Council will discuss the lodge again at their next meeting and a public meeting after that. LIQUOR LICENSE APPLICATION - Hotel Lenado Mayor Stirling said this is an application by Lenado Management Company for a liquor license to serve their guests. This was tabled from two weeks ago for various reasons. Alan ~ Richman sent Council a memorandum addressing the intent of the L-3 zone, stating this zone i allows by right accessory use facilities intended for guests only commonly found in tourist' accommodation including lounge and dining room. These uses are no~ to be advertised. Richman wrote in his memorandum that the P & Z was aware of the hotel's intent to serve liquor; the plans that were reviewed showed a breakfast room/piano bar. City Attorney Taddune said the L-3 zone, with regard to liquor, is identical to the L-l, L-2 in the accessory uses list. The only place the Code refers to bars is in the golf course support zone. Daniel Delano, Hotel Lenado, presented a memorandum to Council. Delano said a lounge is a permitted use and connotes liquor service. According to the Colorado Department of Revenue lounge means cocktail lounge. Delano told Council Hotel Lenado's bar has a seating capacity and is intended to serve the needs of the guests. Delano said the bar is an accessory use and may not and will not solicit as much business as it can. The bar is not designed to serve the general public, and will not be advertised. Delano presented petitions with about 360 signatures in support of this liquor license. Delano said this facility is a reasonable requirement of the neighborhood and desired by the inhabitants evidenced by letters and the petition. Delano told Council one of the criteria for scoring L-3 GMP applications is amenities provided for the guests and an on-site bar is recognized as an amenity in the Code. Delano pointed out a tavern license was approved for another L-3 lodge in June 1983. The reason- able requirements of the neighborhood have changed in no way except that a special interest group of liquor license holders protests this application. This group states that the number of liquor licenses in Aspen far exceeds any possible reasonable needs of the community. Delano said it is a reasonable need of their guests to have a drink in the comfort and privacy of the Hotel Lenado. Delano said no existing outlet can meet this particular need. Delano presented three letters; one from the condominium association next door, one from the Hotel Jerome, and one from the Aspen Skiing Company in support of this application. Mayor Stirling opened the public hearing. Gray Young, representing the Molly Gibson Lodge, submitted a memorandum to Council for consideration discussing the zoning issue. Young said he feels the zoning arguments presented two weeks ago are unfounded; his arguments are within the memorandum. Young pointed out the concept of liquor service is only mentioned in the C-1 zone and in the golf course support zone. Joe Edwards, representing the Roaring Fork Valley Restaurant Association, presented two petitions, one stating that the reasonable needs of the neighborhood are already met, and one that the desires of the inhabitants are that Council not issue this liquor license. Edwards said from the planning office position, they are asking Council to allow bars and taverns in every lodge zone in town under the authority of an accessory use. Council should look at the definition of accessory use, which is "a use is an accessory use which is naturally and normally incident to, subordinate to and devoted exclusively to the principal use of the building." Edwards pointed out in the L-3 zone accessory use says "commonly found in tourist accommodations". Edwards questioned bars and taverns being commonly found in the lodge in town. Council is being asked to interpret that bars and taverns can be put in any lodge in town. Edwards said under state law, the Hotel Lenado will serve anybody who walks in the door. Edwards said it is incredible the city would allow bars and taverns in lodges that are primarily residential areas. Edwards said the word lounge is a lobby/fireside area, not a bar. Edwards pointed out a restaurant in this zone is a conditional use and has to have a hearing. A bar, which is a lot more impact, can go in without one. Delano told Council their lounge has 18 seats and immediately the bar, there is a guest room renting for $180 night. ~Wut~ ~ee~lng Aspen City Council February 6, 1984 Monica Hose said strong guidelines should be set for the issuance of liquor licenses. There have been 13 new liquor licenses issued in the past five years, and 16 transfers to new owners, and 4 locations that went out of business. Klaus Christ said he feels this liquor license request that the owners want to increase the value of the project with this license. Mayor Stirling said by denying this license will put a value on liquor licenses, which has never been done in Aspen. Mayor Stirling said if there were bad business practices, or questionabl'e character of the applicants, he could understand the objections to this license. Mayor Stirling said he feels the competition has to let itself level off Klaus Christ said he feels that liquor should be something that goes with a restaurant, a lodge room. Jim Bulkley, representing Margaret Wilson, told Council they are opposing this license on the grounds that this is a residential primarily. Bulkley said Council will have to grant liquor licenses to all lodges that are in L-3. Jon Busch said this situation is unique and not existing in Aspen. Busch said perhaps the applicants could guarantee this bar would remain non-public. Frank Peters, Hotel Lenado, said he feel the hotel and their project should stand as their standards. Doug Hose said the Restaurant Association is attacking the total lack of gUidelines for applicants for liquor licenses. Mayor Stifling said he would welcome the Restaurant Association helping with guidelines and to clarify the situation. Mayor Stirling said this is not related to this particular application. Irma Prodinger asked if the Hotel Lenado could enlarge their bar. Taddune said if it becomes anything other than accessory or separated, they will have to compete under GMP. Councilman Collins said he would abstain as his office worked on the Hotel Lenado. Council; man Collins said most of the L-3 lodges are in residential areas, and he does not think taverns are appropriate in residential areas. The Council will have to look at each application on its own basis; this location might be more appropriate than some others. Taddune said the Council looks at the reasonable requirements of the neighborhood, and the Council has defined the neighbhorhood as the entire city. Councilman Collins said it is important to look at these on a case by case basis. With lodges in residential zones, it may be time for Council to look at their liquor license policy because there may be exten- sions into other areas Council may not want to see. Councilman Blomquist said the Council received two memoranda at this meeting, and he feels it would be premature to decide with all the points about L-3, accessory use, and other problems. Councilman Blomquist moved to table this application until Council gets answers to all the questions. Motion DIES for lack of a second. Councilwoman Walls moved that based on the evidence presented at the public hearing held February 6, 1984, relating to the application by Lenado Management Inc. for a three-way liquor license, the Council finds that the needs of the community have not been met and license as applied for is hereby granted; seconded by Mayor Stirling. Mayor Stirling said he would like some follow up on the guidelines for liquor licenses. Mayor Stirling said he did not believe proliferation will occur; just because Council is granting this license, they will look at all on a case by case basis. Mayor Stirling said he did not think the nature of this establishment will be like bars. -Councilman Blomquist . said some technical questions have not been answered. All in favor, with the exception of Councilman Blomquist; Councilman Collins abstained. iMotion carried. i~DISCUSSION OF PROPOSED LIQUOR LICENSE FOR WHEELER THEATRE fixity Attorney Taddune told Council the Wheeler Board would like to be able to serve liquor in connection with special events. Taddune told Council he needs to prepare legal documents to give them control of the building. Bob MUrray said this is to get revenues to help support the Wheeler. Taddune said the other option is to have the Wheeler come in and get a special event permit; however, they can only have ten of these a year. Mayor Stirling said he would prefer to go with the special event and see how this would go. Councilman Blomquist questioned a non-permanent Board having this authority. Taddune said he would structure it however the Council directed. Council decided they would try the first year going with special event permits. EAST COOPER AVENUE PARKING Bil Dunaway said the situation on east Cooper avenue is very dangerous, and no matter what the compromise is, someone has to get rid of the snow. East bound cars have to cross the yellow line to avoid the cars parked there. ~HODGES EASEMENT ~Councilman Blomquist moved to approve the correction easement for the Hedges SubdiviSion water line and to authorize the Mayor to execute the easements, subject to final approval as to form by the city attorney; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #2, SERIES OF 1984 Mayor Stirling opened the public hearing. It was discovered that the Municipal Code did not!! include cable lines as part of the improvements of a subdivision. This will require develop+ ers to do so. Mayor Sitrling closed the public hearing. Councilwoman Walls moved to adopt Ordinance ~2, Series of 1984, on second reading; seconded by Councilman Blomquist.' Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye~ Motion carried. 1984 BUDGET ADOPTION Councilwoman Walls moved to table this until February 13, 1984; seconded by Councilman Blomquist. All in favor, motion carried. 364? Regular Meeting Aspen City Council February 6, 1984 AGENDA FOR COUNCIL RETREAT Mayor Stirting prepared a list of items for discuss'ion, goals and directions of the city; roles of the city; some larger issues; specific proposals; capital improvements; new city manager and job description and qualifications. Mayor Stirling suggested hiring a steno- grapher. Councilman Blomquist said Council should go over the legislative agenda. Council- man Blomquist suggested having a staff person present to take care of the follow up and recommended the assistant city manager doing this. Mayor Stirling suggested Council each return to him their own priorities or deletion for the agenda for the retreat. WINTERNATIONAL BANNERS Monroe Summers said Council had asked for a price for banners for Winternational and doing some decorating around town. The Skiing Company has done this previously and the cos~ of replacing the banners was exhorbitant, at approximately 40 banners a day. Summers said the cos~ to the city would be Sll per banner, and doing the whole Winternational would cost about $5,000. Council suggested only having these for two or three days. Summers said it would cost $2,056 to get everything in place for the first days and $600 a day to keep the banners up. Councilman Blomquist moved to approve $3856 for three days of banners plus the base cost; seconded by Councilwoman Walls. Mayor Stirling pointed ou~ this is the first FIS even~ after the Olympics, there will be skiers from all over the world. Mayor Stirling said he feels the city should put on the best side they can. This will be televised. All in favor, motion carried. DISCUSSION OF HIRING PROCESS AND JOB QUALIFICATION FOR NEW CITY ~LANAGER Mayor Stirling suggested addressing the job qualification at the Council retreat, and that the city do a very generic add. Mayor Stirling suggested appointed Councilwoman Walls to have the applications directed to her. Mayor Stirling said he did not feel Council should employe a search agency. Mayor Stifling said he is inclined not to have a citizens screen- ing committee but that the Council controls the flow of how this goes on. Councilman Collins said he felt the ad should include some of the things the city is looking for. Councilman Blomquist said he would help rewrite the ad for the ICMA and CML journals. BOARD OF APPEALS APPOINTMENT Councilman Collins moved to appoint Chester Feldman to the Board of Appeals; seconded by Councilwoman Collins. All in favor, motion carried. Councilman Collins moved to adjourn at 8:20 p.m.; seconded by Councilwoman Walls. All in favor, motion carried. Kathry~ S. K6ch, City Clerk