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HomeMy WebLinkAboutminutes.council.20060410 Reeular Meetine Aspen City Council April 10, 2006 GREEN TREE AWARD .................................................................................................... 2 CITIZEN PARTICIPATION. ... ............ ....... ....................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 5 CONSENT CALENDAR ................................................................................................... 6 . Resolution #20, 2006 - Automatic Meter Reading Mountain States Pipe & Supply Contract............................................:.......................................................................... .... 7 . Resolution #21,2006 - Main Street Transit Lane Signing & Striping Contract .... 7 . Resolution #22,2006 - 2 Ford Small SUV Hybrids Contract................................ 7 . Resolution #23,2006 - Castle Creek Hydroelectric Plant Planning Contract ........7 . Minutes - February 14, March 27, 28, 2006........................................................... 7 ORDINANCE #14, SERIES OF 2006 - Supplemental Appropriation.............................. 7 ORDINANCE #2, SERIES OF 2006 - 202 North Monarch, Blu Vic Subdivision ..........8 RESOLUTION #19, SERIES OF 2006 - Eligibility of Recycle Center for COWOP....... 8 ORDINANCE #50-A, SERIES OF 2006 - Miscellaneous Land Use Code Amendments 9 ORDINANCE #53, SERIES OF 2005 - Brumder Plat Vacation..................................... II ORDINANCE #54, SERIES OF 2005 - Brumder Lot Split ............................................ II ORDINANCE #10, SERIES OF 2006 - Adoption of Housing Guidelines ..................... 12 ORDINANCE #6, SERIES OF 2006 - Boomerang Vacant Parcel Rezoning and Lot Split ........................................................................................................................................... 13 I Reeular Meetine Aspen City Council April 10, 2006 Mayor Klanderud called the meeting to order at 5 :00 p.m. with Councilmembers Torre, Richards and Johnson present. GREEN TREE AWARD Sarah Laverty, environmental health department, stated the green tree award is to recognize businesses that show exemplary environmental practices. This quarter the green tree award is given to Alpine Bank for switching to more fuel efficient cars, instituting an electronic newsletter, using teleconferencing and having policies that address the environment. Ms. Laverty presented the award to Aaron Pearlman of Alpine Bank. CITIZEN PARTICIPATION 1. Les Holst said he appreciates the City Council; however citizens feel there is no communication and never any consistent criteria Council uses to make decisions. Holst said Council should ask themselves (I) why are they on City Council; (2) what do I love about Aspen (3) what do tourists come to Aspen for and (4) what do tourists love about Aspen. Holst said historic preservation is the essence of Aspen; everything about Aspen is historic. Holst said he has a wish list; (I) a 6 month moratorium on all building permits in historic districts, (2) rescind the infill ordinances, (3) do not allow lot splits on historic properties, (4) reintroduce special zoning for small lodges - there are only 3 left and small lodges should get tax breaks or cash contributions, (4) adopt a policy calling for no more removal of historic properties from the historic inventory, (6) any HPC member presenting a project before HPC should not sit on the board until that project is complete, (7) a moratorium on hiring new city employees for one year. Holst said for retreats, Council should hire outside moderators who do not work for the city. Holst said he would like the city to appoint an ad hoc advisory committee Mayor Klanderud said some of these items are under review and are being discussed. There is a work session April 17th with HPC. Mayor Klanderud said she likes the suggestion of an ad hoc committee and hopes everyone who has an interest in Aspen will be involved in the process of how they want to see Aspen evolve in the future. 2. Bill Stirling said Council needs to looks out for the heart and soul of Aspen. When making decisions Council should ask what is the long-term best interest for the entire community. Stirling said Council felt the infill ordinances would restart and reinvigorate the downtown. Stirling noted when 70% of the commercial core is residential, then that is the economic engine of the commercial. Stirling said loosening the heights will change the look of downtown. Stirling said he would like Council address what "community" is, which Stirling defines as a desire for everyone to have humane, compassionate, intellectual fun places to go. 3. Cathy Markle said the traffic congestion during the rush hours is unbearable. Ms. Markle said she has spent time analyzing traffic and maps. Ms. Markle proposed an alternate traffic pattern, which might alleviate traffic leaving Aspen in the afternoon. Ms. 2 Reeular Meetine Aspen City Council April 10, 2006 Markle presented this proposed route on a map, turning north on Garmisch, west on Hallam and straight to highway 82 through the west end. At the intersection of Hallam and highway 82 a traffic yield light could be installed. Traffic congestion is causing people and businesses time and money, causing pollution by idling engines. Residents of the west end are keeping traffic off public streets and using these streets as parking. Ms. Markle said Council's role is to insure that the needs ofthe many outweigh the needs of the few. 4. Jon Busch brought up the sale of the Isis theatre and said Council has a unique ability because of the condition attached to the redevelopment to force the developers to keep that building as a theatre. Busch said he hopes the Council makes every effort to see the Isis remain as it is. 5. James March requested Council consider a construction ban on Saturdays. The construction industry is allowed to work 6 days/week. This would enhance the quality of life for visitors and residents alike. 6. Bob Oxenberg said Council is hearing passionate pleas from people who love Aspen. Oxenberg said letting the schools move out of town was a mistake. Oxenberg agreed Council should make the owners keep the Isis a movie theatre. 7. Chris Berry stated not every building in Aspen is a historic structure. Berry said Aspen needs to continue to redevelop and to revitalize with architectural quality in mind. People come to Aspen for a variety of reasons. Berry said the tourism industry in town is one reason people enjoy the quality of life they do. Berry agreed there should be a rational redevelopment plan. 8. Jerry Bovino said Aspen consists oflocals, second homeowners and tourists and Council needs to understand the needs of each group. Bovino said he is concerned about placing limits on the interior of any buildings because people do have nuclear families. Bovino suggested Council impose a construction impact fee; that RFT A be free using that funds, and that the cost of in-town parking be raised. 9. Barbara Stanford said Aspen was built on love and was a little resort town, not an employee village. Ms. Stanford said citizens worked hard on the master plan so that there would be a community here. Ms. Stanford suggested the city buy a place for small businesses to flourish. Mayor K1anderud agreed there is a communication problem and the city needs to do a better job of effectively communicating what is going on. Mayor Klanderud noted communication has to be two-ways. 10. John Dufficy asked ifit is possible to have economic sustainability without constantly growing. Dufficy said Council should make decisions on what the community wants Aspen to be in the future. 3 Reeular Meetine Aspen City Council April 10, 2006 11. Lee Martin said development is hard to stop. Residents and businesses leave when the rents keep going up. Martin asked if Council could make these into the equivalent of open space, have a location or zone where the stores cannot be touched by developers. 12. Bert Myrin said the Aspen Area Comprehensive Plan is a tool Council has to address the concerns that have been raised at this meeting. Myrin said there has been no attempt to update the AACP. 13. Toni Kronberg said this group of people is asking Council to preserve the community. Ms. Kronberg said most developments that have been approved are not in compliance with the AACP or zoning or the land use code. Ms. Kronberg said Council has approved almost everything in front of them. Many view planes have been lost. 14. Bob Limacher said the view from the golf course has been compromised by the addition to Truscott. Also the inadequate soils test on Burlingame resulted in the dumping of 40 million tons of soil on the golf course. Limacher said Council has to stop addressing traffic and face the fact that if something is not done now, there will not be a chance to do it later. The city needs to have a moratorium and figure out how to solve some of these issues. Mayor Klanderud said community and character and what each loves about Aspen varies from person to person. Mayor Klanderud agreed there needs to be further discussion on these issues. Mayor Klanderud said the city needs to identify the problems so that a forum can be designed to further address the issues. 15. Mick Ireland said every decision should consider 7 generations. Ireland said he thinks the community has lost their way. Ireland said Aspen and Pitkin County have been prosperous because they have not yielded to the pressures of redevelopment as a means of making decisions. Ireland suggested the Council and community would benefit from making some site visits, Aspen Highlands, which was promised to be lively and vital is empty. Ireland said businesses that do not serve the highest end customers are being lost. 16. Maureen McLuskey said it now takes at least half an hour to go from downtown to the Airport Business Center. 17. Jim Markalunas said the clock cannot be turned back but Council has to do something about growth and rein in construction.; Aspen is losing its soul. IS. Richie Cohen said over the years there have been community meetings, kind of general free for ails. Cohen suggested there be several meetings to discuss all these Issues. Mayor Klanderud thanked everyone for taking the time to come and to comment. Councilwoman Richards said there are many different topics touched on at this meeting. 4 Reeular Meetine Aspen City Council April 10, 2006 Councilwoman Richards noted there have been a lot of changes over the years and people in this room have supported or opposed these changes. Councilwoman Richards said she welcomes participation of anyone who would like to put time into these discussions. Councilwoman Richards noted there are a number of contradictory opinions in the room. Councilwoman Richards said 65% of the work force used to live in Aspen and this is now down to 40% or less. This is one reason for the traffic problems. Councilwoman Richards noted a sustainable community needs lodging beds, new lodging creates construction impacts, which people do not like. Everything has its impacts. Councilwoman Richards said community chances were lost, like the purchase of the Mother Lode or the proposed tax increase to purchase the Isis, both of which were turned down by the voters. The community rejected some transportation solutions and compromises need to be found. Councilwoman Richards said the city tries to maintain an even course and to avoid overbuilding or under building of the past. Councilwoman Richards stated she intends to enforce whatever legal powers Council has about keeping the Isis a movie theatre. Councilwoman Richards noted people do have private property rights. Councilwoman Richards said in 2000, Council passed an ordinance reducing floor area ratio for singie family dwellings. That was overturned because people were concerned about their property values. There is no single answer; everyone needs to work together to find a way to collaborate to work for the best of Aspen. Councilman Torre gave his phone numbers and e-mail address and stated public comments and public input are important and make his job easier. Councilman Johnson agreed everyone loves Aspen. Councilman Johnson said he is willing to participate in a community forum. Mayor Klanderud said if Council agrees, staff should be directed to set up a forum to continue this dialogue and to hear from people who live in and who love Aspen. Bob Nix stated his appeal has been continued to May sth COUNCILMEMBER COMMENTS I. Mayor Klanderud said it is refreshing to have comments where people are serious and sincere. Mayor K1anderud said there are major disagreements among the public and citizens in attendance. Mayor Klanderud noted Council welcomes this input. Mayor Klanderud said people should stay involved, not count on other people to make their position known. 2. Mayor Klanderud extended sympathy to the families of Sam Stapleton and Norbert Anthes who died in the last two weeks. It is an impact on a small community to lose permanent members. 3. Mayor Klanderud congratulated Filmfest on their successful shorts fest. 4. Mayor Klanderud announced that she, Councilmembers Torre and DeVilbiss went to Washington D.C. to receive the clean air awareness award, one of the highest awards given by the EPA for Aspen's efforts to preserve and protect clean air. Mayor Klanderud 5 Reeular Meetine Aspen City Council April 10, 2006 thanked Lynn Rumbaugh and John Krueger, transportation department, for continuing and expanding the programs. 5. Councilman Johnson noted Council's agenda is published in the paper and there are often land use issues on the agenda and people need to turn out for these types of issues. Councilman Johnson stated it is not helpful if citizens are not here to voice their opinions and their visions. 6. Councilman Torre reiterated people can get in touch with him any time on any topic. 7. Randy Ready, assistant city manager, announced there will be an open house on Main Street overlay and transit lane work April 20th from 4 to 6 p.m. for interested residents to talk with staff and CDOT. 8. Randy Ready, assistant city manager, said in conjunction with Earth Day, April 22, there will be city parks clean up starting at 8:30 a.m. 9. Randy Ready, assistant city manager, noted the city progress report will be in next week's Aspen Times. 10. Randy Ready, assistant city manager, requested an executive session at the end of the meeting. II. Councilwoman Richards reported she attended the Club 20 spring meeting in Grand Junction. A modified endangered species act reauthorization resolution was passed. Councilwoman Richards said there was movement on the property rights takings and diminishment of value resolution to move it from federal actions to city and state actions. Councilwoman Richards stated she defended community zoning powers and the motion only addresses federal activities. Councilwoman Richards said a resolution on the development of oil shale in the Piceance basin was passed. Councilwoman Richards said she voted no. This was to develop criteria for federal leasing. Councilwoman Richards noted it was said that developing oil shale in western Colorado is a national security matter. Councilwoman Richards said the economies of that type of power generation are not substantial enough for the havoc that will be wreaked on the land. CONSENT CALENDAR Councilman Torre moved to approve the consent calendar; seconded by Councilman Johnson. The consent calendar is: 6 Reeular Meetine Aspen City Council April 1 0, 2006 . Resolution #20, 2006 - Automatic Meter Reading Mountain States Pipe & Supply Contract . Resolution #21,2006 - Main Street Transit Lane Signing & Striping Contract . Resolution #22, 2006 - 2 Ford Small SUV Hybrids Contract . Resolution #23, 2006 - Castle Creek Hydroelectric Plant Planning Contract . Minutes - February 14, March 27, 28, 2006 All in favor, motion carried. ORDINANCE #14, SERIES OF 2006 - Supplemental Appropriation Councilman Torre moved to read Ordinance #14, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 14 (Series of 2006) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $1,994,658, AN INCREASE IN THE GENERAL FUND OF $2,100,242, AN INCREASE IN THE PARKS FUND OF $126,872, AN INCREASE IN THE WHEELER FUND OF $480,540, AN INCREASE IN THE PARKING IMPROVEMENT FUND OF $293,411, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $12,336,777, AN INCREASE IN THE EARLY CHILDHOOD FUND OF $48,300, AN INCREASE IN THE KIDS FIRST FUND OF $118,204, A DECREASE IN THE DEBT SERVICE FUND OF ($2,071,753), AN INCREASE IN THE PARKS CAPITAL IMPROVEMENT FUND OF $8,105,973, AN INCREASE IN THE WATER FUND OF $2,956,700, AN INCREASE IN THE ELECTRIC FUND OF $1,105,387, AN INCREASE IN THE STORMWATER FUND OF $12,908, AN INCREASE IN THE RUEDI FUND OF $10,157, AN INCREASE IN THE TRANSPORTATION AND PARKING FUND OF $1,345,352, AN INCREASE IN THE GOLF FUND OF $25,300, AN INCREASE IN THE TRUSCOTT FUND OF $1,331, AN INCREASE IN THE MAROLT FUND OF $97,269, AND AN INCREASE IN THE HOUSING AUTHORITY FUND OF $3,700. Councilwoman Richards moved to adopt Ordinance #14, Series of2006, on first reading; seconded by Councilman Johnson. Councilwoman Richards said she would like the planning office to investigate and to give Council options on pacing redevelopment of single family and duplexes. Councilwoman Richards said she would like that as a higher priority for the community development department. Chris Bendon, community development department, said he will try and have these figures for second reading. 7 Reeular Meetine Aspen City Council April 10, 2006 Roll call vote; Councilmembers Johnson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #2, SERIES OF 2006 - 202 North Monarch, Blu Vic Subdivision Councilman Johnson moved to continue this to April 24; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #19, SERIES OF 2006 - Eligibility of Recycle Center for COWOP Sarah Laverty, environmental health department, requested Council find that the recycle redevelopment is eligible for a COWOP process. This is a joint application between Aspen and Pitkin county. Ms. Laverty reminded Council in 2003, they adopted an ordinance approving the Obermeyer development. In 2004, Obermeyer entered into a lease agreement and agreed to provide funds for the redevelopment of the recycle center. Ms. Laverty said the applicants are ready to start the recycle process. Staff feels a COWOP will allow a more integrated design process and will get all interested parties together. Ms. Laverty noted in order to be eligible for a COWOP, there are standards to be met and staff feels the recycle center fits a number of these standards. The recycle center is a public facility, providing service to the general public. This is a public infrastructure improvement and will be a public building. Ms. Laverty requested Council adopt the findings of a previous task force that looked into alternate locations for the recycle center, which was required in the Obermeyer approval ordinance. Ms. Laverty noted the task force looked at eliminating the recycle center and have private haulers with a curbside only program. Ms. Laverty said the task force found that by relying on private haulers, the standard of service would not be the same and the costs would be higher. Ms. Laverty reminded Council since the task force findings, the city has adopted a recycle ordinance requiring curbside pickup and this is not the same level as that provided by the recycle center. That ordinance exempts businesses from cardboard recycle so they can use the recycle center. The task force also looked at decentralized drop off locations and found that not to be feasible. Ms. Laverty said there are current issues with illegal dumping and with a centralized location it is easier to control dumping and contamination. There are higher operational costs with decentralized centers as well as more traffic, noise and opposition from neighbors. The task force found the best idea is to keep the present location and agree to improve the existing site. Ms. Laverty pointed out the resolution states, "the recycle center shall be at the Rio Grande location". Ms. Laverty noted if Council decides this project is eligible for a COWOP, they need to determine this meets the standards, establish a process for review, and establish a task force team and a time line. Ms. Laverty said Council needs to select 2 at-large members for the task force team as well at appoint a member from Council to join the team. 8 Reeular Meetine Aspen City Council April 10, 2006 Dwayne Romero, representing Obermeyer, said with completion of the project, it is time to work on the recycle project. Mayor Klanderud opened the public hearing. Toni Kronberg said public relies on Council to make decisions based on the Aspen Area Comprehensive Plan and the land use code. Ms. Kronberg said it is the interpretation that brings the public out. Ms. Kronberg said the recycle center should be eligible for COWOP. Ms. Kronberg said this is a good example of which criteria people are supposed to follow. Ms. Kronberg said Council has already approved a location for a recycle center that has not had public hearings on whether this is the best location for a recycle center. Ms. Kronberg asked why Council is predetermining granting a land use before public land use on whether that is the best recycle center. Mayor Klanderud closed the public hearing. Mayor Klanderud noted she was involved in the 1991-93 task force. Things change over time. Mayor Klanderud said a list of alternate locations was looked at and it was determined this is the best site. Councilwoman Richards said it is probably time to update the Rio Grande master plan. Councilwoman Richards said the master plan includes a storage facility for the trolley system where the recycling center is now located. That is no longer valid. Councilwoman Richards said during the Obermeyer COWOP, the recycle location was looked at thoroughly and the decision was to keep it where it is and she supports the formation of the COWOP and the location in general. Councilwoman Richards said she would like to see 2 representatives of the skate park. Mayor Klanderud suggested 3 or 4 citizen at large members. Chris Bendon, community development department, told Council the civic master plan will include the Rio Grande and will address the uses that have gone away and how things have changed. Bendon noted the 1993 master plan states this site be reserved for transportation and essential public facilities and contemplated a trolley barn or recycling. Councilman Johnson moved to approve Resolution #19, Series of2006, with the addition of one more skate park representative and up to 4 citizens at large; seconded by Councilwoman Richards. Councilman Torre agreed the recycle center has been tried and proved in its location. Councilman Torre said Council has heard from other task forces that tying their hands is not always best. Councilman Torre supports the task force having a discussion of other locations. All in favor, motion carried. ORDINANCE #50-A, SERIES OF 2006 - Miscellaneous Land Use Code Amendments 9 Reeular Meetine Aspen City Council April 10, 2006 Jennifer Phelan, community development department, reminded Council this ordinance was before them in January and part of it was adopted and these amendments were continued to March 13 and then April 10th Ms. Phelan noted some of the changes are clarifications and some are substantive. In Section 1, amendment 26.104.030 clarifies how plans and documents are to be used, either as guidelines or in a regulatory capacity. Ms. Phelan said there are documents like the AACP and housing guidelines that are using to review applications by decision- making bodies. There are also plans and reports and it is not clear how they are used. This amendment states that there should be a determination whether the document will be used as a guiding or regulatory document. The document shall be adopted by resolution or ordinance and before that adoption, there will be one public hearing with a notice in a newspapers. In the powers and duties of Council section, the amendment re-states that determination and that a guiding document will be adopted by resolution of Council and a regulatory document will be adopted by ordinance. In the power and duties ofP&Z and HPC, section, it allow HPC or P&Z to adopt any document by resolution and to recommend to Council that if it is a regulatory document, they adopt it by ordinance. Councilwoman Richards asked if every document already in existence needs to be readopted or should this be amended to state all documents are already considered regulatory and guiding. John Worcester, city attorney, said Council does not have to go back. Those that are regulations are already referred to in the land use code. Chris Bendon, community development department, said this ordinance forces the city to determine what a study or document's status is at the end of a process. Council will look at the purpose ofthe study done and whether that purpose is served by it being a guiding document or a regulatory document. Bendon reminded Council in the past several years, there was an analysis of the housing program and the best use of housing dollars. That was not a regulatory document but is to be used as a reference or as a resource in making housing decisions. Worcester said this does not affect any land use regulations but this ordinance refers to documents the city will use by reference. Ms. Phelan noted section 5 is a clarification on required yards adjacent to private roads. The code as written assumes the property line is in the middle of a road. This is often not the case and this results in uneven setbacks. This amendment states a setback will be measured from the edge of the roadway rather than the property line in order to have a more consistent road. Section 6 is a clean up where in many zone districts a utility/trash area abutting the alley is required. In the lodge zone there was a minimum rear yard setback; however, there was no trash requirement. This amends that. Councilwoman Richards asked if the trash area is within the 5-yard setback or is it in addition to. Bendon said it depends on whether it is part of a building or not. There are criteria listed in the trash/service area of the code. 10 Reeular Meetine Aspen City Council April 10, 2006 Ms. Phelan said section 7 is a change in how floor area is allowed for non-unit space. Ms. Phelan told Council there is a FAR ratio for non-unit space, like hallways, closets, life safety areas that are incidental to the lodge operation. Ms. Phelan said this cap for non-unit space was too small to even include life safety area. Staff suggests the individual cap on non-unit space be eliminated and not count towards the individual FAR cap for an individual use category but one cannot exceed the cap for a parcel. Non-unit space will not affect the overall cap for a site. Section 8 is the same amendment for CL and timeshare lodge. Mayor Klanderud opened the public hearing. Toni Kronberg said it is in the city's best interest to look at what is regulatory and what is guidelines. Ms. Kronberg noted all this requires is that a document be stamped regulatory or guidelines. Mayor Klanderud closed the public hearing. Councilman Johnson moved to adopt Ordinance #50-A, Series of2006, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, yes; Johnson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #53, SERIES OF 2005 - Brumder Plat Vacation ORDINANCE #54, SERIES OF 2005 - Brumder Lot Split Mayor Klanderud noted Council denied both these ordinances. Mayor Klanderud requested this be reconsidered because new information was presented that indicated not everyone had the information that may have lead to a different decision. Ben Gagnon, community development department, showed where this is located at 214 East Bleeker street, to the east of the Community Church. Gagnon said this is 4 original townsite parcels each approximately 3,000 square feet. Gagnon noted the previous discussions have been how the city legally regarded the size of townsite lots. Gagnon said it appears in 1998 when this application was reviewed, the applicant based the lot size on an actual survey showing it to be less than 12,000 square feet. Because the applicant proceeded on that basis, they were only eligible for a historic lot split, not a regular lot split. Gagnon said the applicant would have been able to proceed under a regular lot split if the staff and applicant recognized the lots as 3,000 square feet each. Gagnon told Council the city's practice has been to recognize townsite lots as 3,000 square feet because over time monuments move and make the lots irregular in size. Gagnon said it is not known who should have been aware of this practice and there is no information in the case file. Gagnon read into the record an affidavit from the case planner, Amy Guthrie, that she was not aware that original town site lots were to be interpreted as 3,000 square feet. Gagnon said this is consistent with statements from other staff planners. 11 Reeular Meetine Aspen City Council April 10, 2006 Lennie Oates, representing the Brumder Trust, told Council since the last consideration of this application, he has submitted affidavits, has met with surveyors who agree about the treatment of town site lots to be 3,000 square feet. Oates said ifhis clients were aware of the treatment of townsite lots at 3,000 square feet, they would have applied for a regular lot split. Councilwoman Richards asked if the historic house will remain designated historic and will HPC have review over both parcels. Gagnon answered yes to both. There is a provision in the ordinance to require that any addition to the historic building and any nt<w building to go through HPC. The applicant has agreed to forego any possible square footage bonus. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud said she prefers the size and what could be built under a historic lot split; however, this is a fairness issue. A policy that was traditionally followed was not offered. Councilman Johnson said he believes there are other explanations for this actions other than a mutual mistake. Tom Fitzgerald, trustee for the Brumder Trust, said originally work needed to be done on the house. A designer was engaged, who told the applicants because of the size of the lots only a historic lot could be applied for. Councilman Johnson asked how it came to the attention of the applicant that there may have been an alternative. Oates said he researched this because he did not think 37 square feet would make this a different application. Oates said the applicants asked if a historic lot split was the correct result for their property. Gagnon said staff awareness about the policy regarding townsite lots did not come to light until the Chart House application. Councilwoman Richards moved to adopt Ordinance #53, Series of2006, on second reading; seconded by Councilman Torre. Councilman Johnson said he will stand behind the previous decision. Councilman Johnson stated this is not an issue of staffs understanding of the size of townsite lots. Councilman Johnson said the applicant got what they asked for in 1998, even if it was on bad advice. Councilman Johnson said he does not feel this is an issue of fairness. Roll call vote; Councilmembers Richards, yes; Torre, yes; Johnson, no; Mayor Klanderud, yes. Motion carried. Councilwoman Richards moved to adopt Ordinance #54, Series of2005, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, no; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #10, SERIES OF 2006 - Adoption of Housing Guidelines 12 Reeular Meetine Aspen City Council April 10, 2006 Tom McCabe, housing director, noted a question from first reading was the reference to earnings of $60,000 be "per year" and the study refers to it as the "gross annual income", which comes from a 1999 study. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #10, Series of2006, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Richards, yes; Johnson, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #6, SERIES OF 2006 - Boomerang Vacant Parcel Rezoning and Lot Split Joyce Allgaier, communitrdevelopment department, reminded Council this was continued from March 27' at which time the applicants requested a continuance to relook at their application. Ms. Allgaier said this application is a request to rezone from R-15 to R-6 as well as a proposed lot split to create two lots, lots 1 of7,500 square feet and lot 2 of 12,237 square feet. This would allow 3 detached single-family residences; one house on lot 1 and 2 single family houses on lot 2. The revised proposed is to locate 2 ADUs, detached on lot 2. The residences would be 3450 square feet on lot I and 2 structures of 2137 square feet each on lot 2. The existing zoning would allow a 5204 square foot duplex or a 4784 single-family dwelling or about 2500 square feet difference. Ms. Allgaier noted changes to the ordinances, that there would be ADU or carriage houses attached to each other, for sale units. These ADUs to mitigate the free market units would have to be 300 to 1200 square feet. Councilwoman Richards asked what FAR was allowed under the lodge proposal. Mitch Haas, representing the applicants, said it is proposed for 17,000 square feet gross. Councilwoman Richards asked at what category these would sell. Ms. Allgaier said that would be dictated by the size of the units. Councilwoman Richards stated she would like assurance that this proposal does not give two 1200 square foot RO units. Haas told Council RO is not allowed under this code section. Councilwoman Richards said she is uncomfortable with the range size of the ADUs and would like a condition stating "no less than. . ." for the affordable housing units. Haas said at the last Council meeting the issue was the applicants were getting 2500 more square feet and what was the city getting in exchange. Haas told Council the applicants went through the ADU section of the code, determined one can do an ADU on an adjacent lot under the same ownership. The ADUs have to be detached from the primary residences but can be attached to each other. The requirement for this parcel would be 2 or 3 ADUs or cash-in-lieu. The ADUs could be 300 square feet each. These units will be for sale units and will be located at the west end of the property next to affordable 13 Reeular Meetine Aspen City Council April 10, 2006 housing. There will be 4 structures on this site, instead of what could have been 6, 2 of these will be permanently deed restricted for sale category housing units. Mayor Klanderud opened the public hearing. Steve Goldenberg said the neighbors much prefer this proposal to the lodge expansion proposal. Mayor Klanderud closed the public hearing. Steve Stunda, applicant, said he would like these affordable units to be livable and he would accept a minimum size. Haas noted the housing guidelines require 400 square feet minimum for a studio. The second unit would be between 600 and 1200 square feet, which is required to mitigate the duplex on lot 2. Councilwoman Richards suggested amending the ordinance to include language that the two units of the ADU duplex shall be no less than 750 square feet to 1200 square feet. Councilwoman Richards said she would like dogs be allowed in the affordable units. Stunda agreed to no prohibition of dogs. Councilwoman Richards noted there is no opposition from the neighbors to this proposal. Councilwoman Richards said she views this like an AH zone project, a zone which allows increases in the number of single family houses if affordable housing is included. AH is an incentive zone and allows additional heights and variances in setbacks. This proposal would have 7724 square feet of single family instead of 5204 square feet, a net gain of 2500 square feet over existing zoning. The city gets 2 for sale category units on the parcel integrated into the community. Councilwoman Richards said this is a fair exchange and is good infill. Councilman Johnson said he does not see the trade offfor 2500 square feet of FAR. This is a rezoning, not a PUD. Councilman Johnson said he would prefer one large 5200 square foot duplex to almost 10,000 square feet. Mayor Klanderud said she does not feel 5200 square feet of free market residential is the highest and best use of this property. Mayor Klanderud said she would prefer smaller, broken up free market structures plus 2 deed restricted for sale affordable housing units. Councilwoman Richards said there are elements of the Aspen Area Community Plan calling for revitalizing the neighborhoods with permanent year round residents. Councilwoman Richards said this is a one-time opportunity to get full time residential units. This site is close to downtown and to transportation. Councilwoman Richards said it is difficult to get in-town housing. Councilwoman Richards said the smaller free market units are consistent with the neighborhood. Haas noted another benefit is the trail easement across the back ofthe property. Councilman Torre moved to adopt Ordinance #6, Series of2006, as amended on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Johnson, no; Torre, yes; Mayor Klanderud, yes. Motion carried. 14 Reeular Meetine Aspen City Council April 10, 2006 Councilman Torre moved to go into executive session at 9:35 p.m. to conference with the city attorney on the Kinder/Morgan lawsuit, pursuant to C.R.S. 24-6-402(4)(b); seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 9:45 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to adjourn at 9:45 p.m.; seconded by Councilman Torre. All in favor, motion carried. 15