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HomeMy WebLinkAboutminutes.council.20060612 Rel!:ular Meetinl!: Aspen City Council June 12. 2006 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 . Request for Noise Variance - Jazz Aspen June Festival; 4th of July Dancin' in the Streets........................................................................................................................ ...... 3 . Resolution #44, 2006 - IGA Sanitation District Rio Grande Trail Improvements 3 . Resolution #45,2006 - Jenny Adair Regional Stormwater Project ....................... 3 . Resolution #46,2006 - Contracts 2006 Street Improvements ............................... 3 . Resolution #47,2006 - Si Johnson Ditch Repair ................................................... 3 . Resolution #48,2006 - Land Exchange of Parcels with Pitkin County to Create Animal Shelter................................................................................................................ 3 . Minutes - May 22, 2006 ......................................................................................... 3 RESOLUTION #43, 2006 - Contract Wheeler Opera House Seat Replacement.............. 3 RESOLUTION #49,2006 - Contract.. Third Floor Remodel........................................... 4 FIRST READING OF ORDINANCES.............................................................................. 4 . Ordinance #24,2006 - 1001 Ute SubdivisionlGMQS Consolidated PUD ............ 4 . Ordinance #25, 2006 - Code Amendment - Lodge District .................................. 4 . Ordinance #22,2006 - Recycle Center COWOP ...................................................4 . Ordinance #23,2006 - Exemptions from the Moratorium..................................... 4 ORDINANCE #16, SERIES OF 2006 - Hannah Dustin Subdivision 300 South Spring.. 6 ORDINANCE #20, SERIES OF 2006 -719 East Hopkins Subdivision......................... 11 APPEAL OF DECISION OF SPECIAL EVENTS COMMITTEE - Spin Sports Festival ........................................................................................................................................... 13 APPEAL OF TREE REMOVAL PERMIT - Galena and Main ...................................... 15 1 Rel!:ular Meetinl!: Aspen City Council June 12. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards and Johnson present. CITIZEN PARTICIPATION 1. Dan Lauer and Brent of Irwin Seating requested the Contract for Wheeler Opera House seat replacement be taken off the consent calendar. Lauer said he believes there were inconsistencies. 2. Debra Moore asked the purpose ofthe current moratorium. John Worcester, city attorney, stated this is a method by which municipalities can stop development to give elected officials an opportunity to review the land use code and to determine if amendments are necessary. 3. Georgeanne Waggaman said she thought Molly Gibson park was to be designated as a dog park. There is a split rail fence around the park but any size dog could get through or over the fence. Ms. Waggaman said she would like to see the fence higher and mesh wire put up so small dogs could not escape. Jeff Woods, parks department, told Council staff has looked at a dog park in many city parks and every site has pros and cons. Mayor Klanderud requested staff bring that information back and Council will look at a location for a dog park. 4. Cindy Bennett asked about the legal notice for the recycle center COWOP ordinance. Kathryn Koch, city clerk, said the ordinance was published in the weekend Aspen Times and the IS-day requirement starts from the publication date. 4. Toni Kronberg said the Friends of Rio Grande Park would like to generate community support for improvements to the park. There will be a meeting at the library park plaza and then a tour to the Rio Grande park and to the recycle center. Ms. Kronberg said she will pass out flyers when where is more information. Ms. Kronberg said the Aspen Area Community Plan is one of the guiding documents of the city and it is time for that document to be updated and be included in the review. Councilman DeVilbiss came into Council Chambers. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said it is Freddy Fisher's 102 birthday. Fisher is the father of messy vitality and is an icon for many things loved about Aspen. 2. Councilman DeVilbiss said he was fortunate enough to have seen Freddy Fisher play his clarinet at the Red Onion in 1958, which was absolutely wonderful. 3. Steve Barwick, city manager, requested an executive session at the end of the Council meeting. 2 Rel!:ular Meetinl!: Aspen City Council June 12.2006 4. Steve Barwick, city manager, introduced Bentley Henderson, assistant city manager. Henderson will be responsible for asset management, housing, engineering and property management. 5. Councilwoman Richards reported she attended the Ruedi Water and Power Authority meeting, followed by the state of the river presentation. The Bureau of Reclamation updated the board on projects under their purview. The River Conservation district is putting a bid to buy water from Ruedi. There is a group being formed to try and develop a water plan for the western slope. This group will make a presentation to Council and the BOCC at their joint meeting on water issues next week. 6. Mayor Klanderud noted at the recent RFT A board meeting, the board discussed working with Silt and Rifle as prospective members ofRFTA. The consensus is to work on explaining the benefits ofRFTA to their community. Mayor Klanderud noted concerns were raised about the construction of the Catherine Store to Hook Spur trail. There may be a potential challenge from the neighbors. CONSENT CALENDAR Councilman Torre requested the Resolution #49, 2006 - Third Floor Construction Contract be pulled. Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is: . Request for Noise Variance - Jazz Aspen June Festival; 4th of July Dancin' in the Streets . Resolution #44, 2006 - IGA Sanitation District Rio Grande Trail Improvements · Resolution #45, 2006 - Jenny Adair Regional Stormwater Project . Resolution #46, 2006 - Contracts 2006 Street Improvements . Resolution #47,2006 - Si Johnson Ditch Repair · Resolution #48, 2006 - Land Exchange of Parcels with Pitkin County to Create Animal Shelter . Minutes - May 22, 2006 All in favor, motion carried. RESOLUTION #43, 2006 - Contract Wheeler Opera House Seat Replacement John Worcester, city attorney, told Council the bidder who did not receive the bid has filed a protest and under the city's code is entitled to do so. The municipal code states 3 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 Council should act as the procurement appeals board. Worcester said Council could approve the contract contingent upon the outcome of the hearing. Worcester requested appointment of 1 or more Council members to sit as the appeals board. Councilman DeVilbiss and Councilman Torre agreed to represent Council and sit as the appeals board. The hearing will be June 13 at 11 :30 a.m. in the City Manager's office. Councilman Johnson moved to approve Resolution #43, Series of 2006 - Contract for Wheeler Opera House Orchestra seats contingent upon the outcome of the hearing. Councilwoman Richards said she would be more comfortable continuing this meeting to Tuesday after the appeals hearing. Councilman Johnson withdrew his motion. Councilman DeVilbiss moved to continue Resolution #43, Series of2006, to 5 p.m. June 13th; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #49. 2006 - Contract - Third Floor Remodel Councilman Torre asked if this contract covers Phases I and II. Steven Kanipe, building department, told Council phase I will be complete June 24 and phase II will start right after that. Councilman Torre asked if this work will be a hindrance to employees on the third floor. Kanipe said it will not be. Councilman Torre moved to approve Resolution #49, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. FIRST READING OF ORDINANCES . Ordinance #24,2006 - 1001 Ute SubdivisionlGMQS Consolidated PUD . Ordinance #25, 2006 - Code Amendment - Lodge District . Ordinance #22, 2006 - Recycle Center COWOP . Ordinance #23, 2006 - Exemptions from the Moratorium Councilman DeVilbiss moved to read Ordinances #24, 25, 22, 23, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 24 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, A SUBDIVISION REVIEW, CONSOLIDATED CONCEPTUAUFINAL PUD, AND A GROWTH MANAGEMENT REVIEW FOR 4 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 THE PRESERVATION OF SIGNIFICANT OPEN SPACE PARCELS FOR THE 1001 UTE AVENUE SUBDIVSION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE NO. 25 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS IN MUNICIPAL CODE SECTION 26.71O.190(D)(2)(a), LODGE ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE NO. 23 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 19 (SERIES 2006) ORDINANCE NO. 22 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE RECYCLE CENTER COWOP PROJECT, ON LAND OWNED BY THE CITY OF ASPEN, KNOWN AS LOT 1 RIO GRANDE SUBDIVISION, LOCATED ON THE NORTH SIDE OF RIO GRANDE PLACE, DIRECTLY EAST OF THE SKATE PARK. Parcel No. 273707306851 Mayor Klanderud noted on 1001 Ute Avenue, the city is designating a portion of the property, in Pitkin County, as conservation. James Lindt, community development department, told Council Pitkin County needs a subdivision exemption and this parcel will be separated and designed a conservation parcel. Lindt said this needs to be approved by the city before the County can take action. Councilman Torre moved to approve Ordinances #22, 23, 24, and 25, Series of2006, on first reading. Councilwoman Richards said for second reading on exemptions from the moratorium, she would like concrete examples of exemptions that would be signed off by the planning director. Councilman Torre said the code amendment for the amendments to the lodge district seem to be for a specific case. Councilman Torre said he would like to know if there are other properties this code amendment would affect. Councilman Torre said he was a member of the recycle COWOP. Councilman Torre asked if adopting this ordinance will accept the findings of the COWOP. John Worcester, city attorney, said adopting Ordinance #22 will be the final land use approvals. 5 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 Roll call vote; Councilmembers Richards, yes; Johnson, yes; DeVilbiss, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #16. SERIES OF 2006 - Hannah Dustin Subdivision 300 South Spring James Lindt, community development department, told Council this request is to approve subdivision to construct additions to the Hannah Dustin building. P&Z granted growth management approvals and a variance from the commercial design standards for the 1 st floor to be within 2' ofthe adjacent sidewalk grade. P&Z also approved the pedestrian amenity as suggested. Lindt said this property is on the corner of South Spring and East Hyman avenue, is 12,000 square foot lot and is zoned MU, mixed use. The applicant proposes a three-story commercial office addition on the northwest corner of the property and a 950 square foot affordable housing unit to be constructed below grade. The applicants propose a three-story addition on the east side of the property consisting of two free market units, 4500 square feet each and two affordable housing, category 2 units, below grade. The design is based on the mixed-use dimensional requirements. The applicants propose a sidewalk on east Hyman and street tree plantings. Lindt pointed out this is a flat site with no known hazards. The 3 proposed affordable housing units comprise more than 30% of the floor area of the free market residential units, which is required by the code. There is 9,000 square feet of free market residential FAR and about 2700 square feet of floor area for the 3 affordable housing units. The applicants propose 2400 square feet of net leasable in the new commercial office addition, which would require mitigation of 5.4 full time employees. The proposed 3 affordable units would mitigate for 7 employees. The applicants propose 6 parking spaces that could be counted toward on site parking requirements, two parking spaces in each of the garage count and 2 spaces in the alley count toward the on site parking requirements. The 2 spaces stacked behind the garages do not count. The applicants propose to pay cash-in-lieu for the 9 additional parking spaces required by code, which is allowed under the code because this is located in the infill area. Staffs feels this proposal meets the parking requirements. P&Z would like staffto take a better look at the parking requirements, feeling this is too minimal. Lindt told Council staffs major concern is the livability of the housing units below grade. The applicants applied before the recently adopted code amendments requiring affordable housing unit used for mitigation be 50% above grade. P&Z was also concerned about the livability of the housing units but felt this proposal met the code requirements when submitted. The code requirements did not prohibit below grade units. P&Z recommends approval with conditions. Lindt noted staff agrees with that recommendation. Stan Clauson, representing the applicants, went over the site plan, showing the existing Hannah Dustin building, the new commercial addition abut 3,000 square feet per floor with 3 floors and sub grade affordable housing, and the proposed residential additional. Clauson said there will be public improvements, like an attached sidewalk on east Hyman avenue, enhanced street tree plantings. The curb cut on east Hyman will be eliminated, 6 Rel!:ular Meetinl!: Aspen City Council June 12,2006 which will add street parking. There will be a dumpster and recycling improvements in the alley. The pedestrian amenity will be located in the center ofthe existing building on east Hyman, which was located there at staffs request. Clauson said this building meets the dimensional requirements on height and setbacks. Clauson showed the Benedict Commons to the east and the proposed townhouse in addition to the Hannah Dustin building. Clauson reminded Council this application was submitted before the recent code amendment stating that affordable housing need be 50% above grade. Clauson agreed subgrade housing has been the subject of debates by Council and P&Z. Clauson told Council there a conscious decision made which permitted subgrade affordable housing. The thinking was if sub grade affordable housing was permitted, more affordable housing may be generated. Councilman Johnson asked if more affordable housing has been built. Clauson noted the housing mitigation requirement can be satisfied on site, cash-in-lieu, buy down of existing units. This proposal is for 3 on-site affordable housing in the commercial core. Clauson said one affordable housing is under the commercial building and 2 units are under the residential building. Clauson said there is a substantial light well atrium, which allows light into the units. Clauson showed the proposed open space amenity as reviewed by the parks department. Hans Berglund, architect, showed the access to the affordable housing unit, with the light well and a vertical handicap accessible lift. Berglund said the units below the free market units each have a large living space off the light well. Mayor Klanderud said the plans have been modified and the plans should be identified and entered into the record. Berglund said the board plans are dated 2/27/06. Mayor Klanderud asked if the snowmelt was required by the city. Berglund said the applicant proposed that. Councilman DeVilbiss asked how large each free market unit is. Berglund said they total 8,923 square feet. Clauson stated this application is consistent with provision in the Aspen Area Community plan; #5, infill and redevelopment, which encourages greater density in the Aspen townsite and secondly increases housing density with mixed use buildings. Clauson noted the housing board approved this project. Bob Noonan reiterated there are 3 ways to mitigate affordable housing. The applicants did not think cash-in-lieu was an appropriate alternative as the housing office could not produce 3 centrally located units with the amount of cash-in-lieu. The buy down would also not produce housing in the commercial core and in such proximity to jobs and shopping. Noonan stated when this application was submitted, sub grade affordable housing was legally permissible. The applicants feel the code in effect at time of submittal should be honored. Mayor Klanderud said she would prefer the sidewalk be located with the median. Clauson said the applicants will do what the city requests. The city has indicated they would prefer detached sidewalks allowing a grass strip. Lindt noted there is a condition, supported by P&Z, requiring a detached sidewalk. 7 Rel!:ular Meetinl!: Aspen City Council June 12. 2006 Mayor Klanderud asked ifthere is a net decrease in parking. Clauson said there will be a net decrease in parking by 6 spots. The building will require 9 parking spaces, the parking requirement will be met by actual parking spaces and by cash-in-lieu. Mayor Klanderud asked about the variance from the commercial design. Lindt answered there is a requirement stating mixed-use buildings, the first floor level be within 2 feet of the adjacent sidewalk. The applicants propose to have the 1 st floor be 6 to 8 feet above the sidewalk. This is the residential portion only. Mayor Klanderud noted the proposed pedestrian amenity is 10% of the lot area plus a bench improvement. The underlying zone requirement is 25% pedestrian amenity. Mayor Klanderud noted the proposal is a significant decrease from the code requirement. Mayor Klanderud asked if cash-in-lieu is being provided for the diminished amenity. Lindt said the proposal is a bench courtyard area. Mayor Klanderud said in the infill code discussions about pedestrian amenities it was acknowledged that some sites do not lend themselves to pedestrian amenities. Mayor Klanderud asked ifit will look as if the public is welcome in this amenity space. Clauson said the original proposal was to have this located at the corner because it would seem more public. Staff felt for purposes of sun exposure, going more to the middle of the block would be a better location. Clauson said this will be designed in conjunction with the city's parks department and it will be designed so that it feels like a public space. Clauson said the site currently has grass open spaces constituting about 25% of the site. This would be reduced by the building additions to 10% of the site. The applicants will need to pay cash-in-lieu of 15% and code provides this cash-in-lieu can come in equivalent value so the pedestrian amenities of benches, landscaping, pavement treatments should equal that 15%. Lindt told Council the parks department reviewed this and approved it with a condition of a detached sidewalk. Councilwoman Richards asked about the basement space for the free market units that is a game room, and how large is this space. said it is about 800 square feet per unit. The garages for the free market units are about 400 square feet. Councilwoman Richards asked how far down the affordable units are located. Berglund said it is 11.5 to 12' down to the floor level. Councilwoman Richards asked ifthe private elevators service both the free market and the affordable units. Berglund noted there is a private elevator for each free market unit and a lift for the affordable housing units. Councilwoman Richards asked about the location of the elevators right next to the affordable unit bedrooms. Berglund said it is a residential elevator and not as loud as a commercial elevator. Councilwoman Richards asked the location of the parking garages. Berglund said it is above the affordable unit bedrooms. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Torre said using the vacant lot for free market resideritial units is not good infill. Councilman Torre said the size of the units as a poor use of downtown space is an 8 Rel!:ular Meetinl!: Aspen City Council June 12. 2006 issue. Councilman Torre said there should be more pedestrian amenities for the foot traffic going by this area. Councilman Torre said he does not see the need for two private elevators and a separate lift. Councilman Torre said the allowance for the floor area for the affordable units is 30% exactly of the project. The parking for this project seems weighted in the wrong way, only 2 commercial spots, 4 for free market and none for the affordable housing. Councilman Torre said he feels a better example of in fill could be done for this property. Councilman Torre said he would like to see this reworked. Councilman Torre stated the grass area in front ofthe commercial portion should run the entirety ofthe building. Councilman Torre stated the residential portion does not fit in with this block. Councilman Torre said he is inclined to make the garage as small as possible or use it to share for the tenants of the affordable housing. Councilman Torre said he does not like the cash-in-lieu options for parking or for open space. Councilman Torre said he would like to see this project made more neighborhood and community friendly. Councilman Torre said he would like to see the affordable units have more opening to outdoor or green space. The alleyway entry with 12-foot stairs does not accomplish that feeling. Councilman DeVilbiss said he does not think 4500 units will bring density or residents to the downtown, if that is what infilllegislation is seeking. Councilman DeVilbiss said entering the affordable units off the alley is not pleasant. Councilman DeVilbiss noted the code permits affordable housing units to be totally sub grade but the code does not require Council to approve those. Councilwoman Richards said this project is more compatible with the neighborhood over the previous application. This is a nice design. Councilwoman Richards stated she does not feel this meets the intents and goals of the Aspen Area CommUnity Plan particularly no parking for the affordable housing units; the affordable housing units entering off the back alley; the depth of the affordable unit 12 or 14 feet below grade. Councilwoman Richards said this does not meet the intent or desire of mixed-use subdivision when the free market units are about 5,640 square feet - counting the game room and the parking or 11,000 towards 2 residential units. This is not successful infill. There is only 2650 square feet of office space This is a residential project, not a mixed-use project. Councilwoman Richards said she would continue this and allow the applicants to rework the project. Councilwoman Richards said in the new building to the east there is no mixed use and very little has been allocated towards quality of life for tenants in the affordable housing units. Councilman Johnson stated the AACP outlined concerns of the citizens about where Aspen is now and where it will be in the future, and two of those concerns are affordable housing and commercial. It was recognized that mitigations were prohibiting redevelopment and the City Council enacted infill as a way to counteract that and to partner with private development so the city could achieve its goals along with the private sector. Councilman Johnson noted this project is designed to get the maximum of free market space and the minimum for affordable housing and commercial. Councilman Johnson said this is not mixed use and does not meet the intent of in fill. Councilman Johnson said he does not support this project because it does not meet criteria (a) 9 Rel!:ular Meetinl!: Aspen City Council June 12. 2006 compliance with the community plan; it is not in compliance with applicable requirements of subdivision, especially parking. Councilman Johnson said (b) is not satisfied when the under parking and cash-in-lieu would require the city to build a parking structure, which could not be done in 7 years and the cash-in-lieu would have to be returned. Mayor Klanderud said the parks department likes the open space amenity and tied it to the separated sidewalk and the green median. Mayor Klanderud said this proposal meets the requirements of the code. Mayor Klanderud noted snow melting of sidewalks is getting more popular in Aspen and is antithetical to the canary initiative. Mayor Klanderud said Council needs to look at the balance of health and safety, being a mountain town, and the use of energy in snow melted sidewalks. Mayor Klanderud agreed this is a nice design and it does fit within the neighborhood. Clauson said he tries to present his understanding of the city's code when clients come into the office. Clauson said this is to insure a developer understands what is expected of him before developing a pro forma and a design. Clauson said it is essential not to have a floating target and to follow the code accurately. Clauson stated 30% affordable housing is what the code requires and this project meets that requirement. Clauson noted there are currently no residential units on this parcel and this proposal increase the density by 5 units. Clauson said at prior hearings on projects for this property, the public objected to the parking lot and stated it was more appropriate for town houses. Clauson said the applicants will do what the city wants for pedestrian amenities. Noonan reiterated the applicant is entitled to have his proposal evaluated against specific measures. The applicant has met every measure established by the city for review of land use proposals. Noonan said if this is not approved, the applicant should hear how this proposal does not meet specific code requirements. Councilman Torre said he looks forward to a development on this property; however, this development is not the most appropriate. Councilman Torre said Council is here to approve a subdivision. Councilman Torre said the free market is not a mixed use. Councilman Torre said he would like to see a revised project at a continued meeting. Councilman Torre said he would like the snow melt deleted, work on the pedestrian amenity and the sidewalk locations. Councilman Torre stated he would like a review of the parking proposal, that the affordable housing tenants have a place to park. Councilman Torre said he would like to see more commercial space. Clauson answered they cannot add commercial square footage. Councilman Torre said the affordable housing units are handicap accessible but there is no parking, which is worrisome. Councilman Torre moved to continue Ordinance #16, Series of2006, to June 26; seconded by Councilman DeVilbiss. Councilman Johnson stated, for him, this project does not meet the code and he earlier outlined which criteria the project does not meet. Councilman Johnson said Council has a duty to this town, which Council takes very seriously. Councilman DeVilbiss said he 10 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 agrees with Councilman Johnson's summary on why this project does not comply with the code. Councilman DeVilbiss said the code does not require him to approve subgrade affordable housing. Councilman DeVilbiss said the free market units could be smaller, which would go toward meeting the goals of the AACP. All in favor, with the exception of Councilman Johnson. Motion carried ORDINANCE #20, SERIES OF 2006 - 719 East Hopkins Subdivision Jennifer Phelan, community development department, reminded Council this was continued from a meeting in May. Ms. Phelan said this proposal is to demolish an existing 6 unit multi-family development and replace it with 2 free market and 3 affordable housing units. The property is located in the mixed-use zone district. The applicant is required to meet the standards ofthe multi-family replacement program, which is to provide an affordable housing component when locally serving housing is redeveloped. The applicant is providing 3 affordable housing units, 4 bedrooms, and more than the minimum 1,589 square feet. At an earlier review, Council raised concerns about livability of the proposed subgrade units, the decrease in density, the parking, egress and ADA compliance and overall compliance with the AACP. The applicant has revised their plan so the affordable housing units are larger than originally proposed and are at garden level rather than subgrade. The livability of units has been improved, the light coming into the units has been increased. The applicants may need a residential design standard variance for the porch being a first story element, which can be handled administratively. Ms. Phelan told Council there are 4 parking spaces proposed, 2 for each free market unit. The site currently contains no on site parking. The land use code allows redevelopment as long as there is no loss of parking. Ms. Phelan said the revised plan meets all accessibility requirements. Staff recommends approval and suggests allowing staff to grant a variance from the residential design standards since the livability and the size of the affordable housing units has been increased. Ms. Phelan pointed out the original ordinance did not have a requirement that all impact fees be paid. Staff recommends that the ordinance be amended to include any impact fees in effect at the time of building permit submittal be paid. Stan Clauson, representing the applicant, showed Council the revised site plan. Council's primary concern was the subgrade nature of the affordable housing units. These units are now at garden level, 50% above grade and windows, which provide more light, have been in place of window wells. There is an entry area in the middle of the building. The free market units are up 6 steps to make the affordable housing units garden level and exposed. The entry is set into the building, there are ramps to the entry level and to the affordable housing units. Clauson pointed out windows for the affordable units above grade around the building. The site plan has remained much the same with fewer window wells. Clauson showed a detached sidewalk, separated by a planter strip.. The only parking currently on this property is on the city right-of-way. Clauson said the concern about the II Rel!:ular Meetinl!: Aspen City Council June 12, 2006 ADA compliance and egress has been addressed. Clauson stated the applicants believe this meet the goals of the AACP, it provides affordable deed restricted housing in the Aspen townsite and provides livable units with light and access. Clauson told Council neither the code nor the AACP address a decrease in density as being inappropriate. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud entered into a record a letter for Curtis Sanders, attorney for the project. Councilwoman Richards moved to adopt Ordinance #20, Series of 2006, with the amendment that any applicable impact fees will be assessed to the project; seconded by Councilman DeVilbiss. Bill Pollock, architect, noted the floor plans are A201, the site plan A 100; the revised ramps A202, A300 showing ramps and elevators, and A400 section ofthe project illustrative the perspective from the side for the affordable entry. Councilwoman Richards said the project has improved and she appreciates the applicant taking time to look at it. The affordable units are larger. Councilman DeVilbiss asked the size of the free market units. Clauson said they are 3,000 square feet each. Councilman Johnson said his major concerns are parking and density, neither of which has been addressed. Councilman Johnson said reading of the Aspen Area community Plan one could not realistically come up with a determination if one had 6 units being rented and a proposal is for a reduction in units, there would be support in the AACP as furthering the goals of that plan. Councilman Johnson said the property has had the benefit of the public right-of-way for years and now the deficiency is being maintained in favor of the free market units. Councilman Johnson stated the reason there are zoning codes is to govern how land is used in a municipality. Councilman Johnson said he does not feel it is wise to find that 4 parking spaces, which will sit empty or with unused cars, is a wise use of space. Councilman Johnson said it is possible all tenants could share the garage spaces ifthere were a will to do so. Councilman Johnson noted there are sections of the AACP, which talk about partnerships between the public and private sectors that are of value to both. Councilman Johnson said in the spirit of that partnership, he will support this application. Councilman DeVilbiss moved to go into executive session at 8:35 p.m. for the purpose of advice from the city's attorney, pursuant to C.R.S. 24-6-402(4)b) conference with an attorney to receive legal advise; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 8:45 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. 12 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 Councilman DeVilbiss requested two weeks continuance so he can review the issues. Mayor Klanderud said this is an improved livability ofthe affordable housing units and she supports the project. Councilman DeVilbiss said he would like to withdraw his second. Councilman Torre said he would support that because it will give Councilman DeVilbiss a chance to do due diligence, to get more information. Councilman Torre noted he is very pleased with the work on this project. Councilwoman Richards withdrew her motion; Councilman DeVilbiss withdrew his second. Clauson told Council the applicants worked very hard to address the issues brought up at the last meeting. Clauson said this project was submitted December 30th. This project has been subj ect to a number of continuances at P &Z. Councilwoman Richards moved to adopt Ordinance #20, Series of 2006, on second reading, including that any applicable impact fees be paid at time of building permit application and all drawing changes be entered into the record; seconded by Mayor Klanderud. Councilman Johnson stated Council has been working hard to make sure they are achieving the city's ends, which are at times in conflict with the ends of developers. Councilman Johnson reiterated this project does not meet the goals ofthe Aspen Area Community Plan. However, one ofthe aspects of the AACP is that the city work with the private sector in a partnership. This redesign did not address the concerns of Councilman Johnson; however, it did address concerns of other Council people. Mayor Klanderud said this with these revisions, the project can stand on its merits. Councilman DeVilbiss said he would like time to consider the advice from the city attorney. The request for more time does not indicate how he will vote against this proj ect. Roll call vote; Councilmembers Torre, yes; Johnson, yes; Richards, yes; DeVilbiss, no; Mayor Klanderud, yes. Motion carried. APPEAL OF DECISION OF SPECIAL EVENTS COMMITTEE - Spin Sports Festival Kathryn Koch, chair of Special Event Committee, told Council the special event committee voted 7 to 4 to deny this application finding August 3 to 6 to be inappropriate for a festival of this proposed size. Ms. Koch noted this is one of the busiest weekends of the summer; staff does not want to have one of its major parks out of commission for 5 days during this time; and it is a capacity issue for staff and for town. Ms. Koch told Council the Committee recommended other dates. 13 Rel!:ular Meetinl!: Aspen City Council June 12. 2006 This is a complex event and part of the event is in the county up to Independence or Ruedi. Ms. Koch told Council there is currently no special event application to the county. Mike Kraemer, Pitkin county community development department, said there is no application to the county. An application was submitted but Canon asked that it not be reviewed. Mayor Klanderud noted the city's insurer declined to cover this event and there is no insurance. Steve Barwick, city manager, told Council the reasons he upheld the decision of the special events committee is that this is the busiest single weekend of the summer. The city is at capacity and taking a park offline would be difficult. Barwick said this would be the first event of this magnitude for the producer. Barwick noted events usually start small and work up. Barwick said staff would be glad to work with the producer at a different time of the year. Barwick stated this would be impinging upon the city's abilities to serve other customers. Craig Canon, Spin Sports Festival, told Council this is a proposal for a multi-day bicycle event, starting in one location and leaving for most of the day. Canon said he is waiting for Council's decision before activating his permit with Pitkin county. Canon told Council he has approached almost every hotel in town, all of whom signed a petition. Canon said there are 556 signatures on a petition stating they would welcome the event to Aspen. Canon told Council the original application had mountain bike and road events. This application is for road bike events only. This will eliminate the need for Snowmass or Skiing company property. Canon told Council letters have been submitted from the forest service, state patrol and Chambers throughout the valley. Participants staying in Snowmass can ride their bicycles to bike events. Barwick asked about approvals from Snowmass and the Skiing Company. Canon said Snowmass and the Skiing Company are not in favor of having these events on their property this year. Mayor Klanderud said this is a large, complex event for a first year event. Canon said the application details how all the details will be worked out. Councilman Johnson said he likes the idea of the event and of engaging all towns up and down the valley to participate in an special event. Councilman Johnson said he is not willing to go against the special events committee and city manager recommendations for a group event from outside this valley, that is a for profit group. Mayor Klanderud stated she has concerns about the size of the event. There is no application with Pitkin County. The parks department has stated it is on overload. It is the busiest weekend ofthe summer. Canon said this application is from a non-profit 501C3, Spinhead Foundation. Councilman Torre said the city's parks are used for a few events that take a large toll on them. Councilman Torre said he supports this event, especially if another venue for staging can be found. Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilwoman Richards stated she has concerns with numerous aspects of this application. The Maroon Creek bridge is under construction, bikes are only allowed walking across. Councilwoman Richards agreed the town could use some additional 14 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 sporting events; however, the town ofSnowmass Village and Ski Company are not supporting it. Councilwoman Richards said people and volunteers in the Roaring Fork Valley are not developing this event. The events do not take place within the city. Councilwoman Richards said the special events committee tries to optimize the city facilities for events. Councilwoman Richards said she would not consider forcing staff to help with an event they do not believe in. Councilwoman Richards said she does not want further degradation of the parks; the city is just too maxed out at this time. Councilman DeVilbiss agreed and said this event seems to want the Aspen name. Councilwoman Richards moved to uphold the decision ofthe Special Events Committee regarding the Integra Foundation Spin Sports Festival; seconded by Councilman DeVilbiss. All in favor, with the exception of Councilman Torre. Motion carried. APPEAL OF TREE REMOVAL PERMIT - Galena and Main John Worcester, city attorney, told Council this is an appeal of a tree removal permit issued for 426 East Main street. The appellant is Toni Kronberg. The city manager determined the appeals are intended to assist people seeking tree removal permits from an adverse decision by the parks department. Worcester said although the city manager was prepared to meet with the appellant, he advised that since the trees were already down, the issue was moot and there was nothing to appeal. Worcester said the standard of review is whether Council finds the city manager's decision was an abuse of discretion, in excess of his jurisdiction or he violated the appellant's due process. Worcester noted denial of due process may be found ifthere is a procedural irregularity. An abuse of discretion is if the city manager's decision is devoid of evidentiary support and is arbitrary and capricious. Excess of jurisdiction is if the city manager applied the wrong law to the facts. Worcester stated this is an appeal of the record. Worcester said the record before Council is that which was before the city manager and Council should make a decision based on that record. Toni Kronberg said there is a remedy for a tree permit being issued erroneously. Ms. Kronberg read from the permit stating that activities outside this permit shall be subject to mitigation in the form of restoration. Ms. Kronberg said the trees were cut down but the trees were not supposed to be destroyed. Mayor Klanderud noted information from the parks department includes the determination the trees would not survive relocation and in accordance with the tree removal ordinance and the ordinance approving the development, the trees could be relocated or removed and the owners would be assessed a fee for tree removal. Mayor Klanderud said this issue is moot; due process was granted; the city manager did not exceed his jurisdiction, nor abuse his discretion. Ms. Kronberg handed out a packet on abuse of discretion and due process and exceeding one's jurisdiction. Ms. Kronberg stated the parks department issued a tree removal permit contrary to Ordinance #29. Ms. Kronberg said the ordinance states "relocate or remove"; it does not state destroy. Ms. Kronberg noted at the approval of this development, the developer stated he would relocate or improve the trees. State statute says any representations made at a public hearing stands on its word. 15 Rel!:ular Meetinl!: Aspen City Council June 12, 2006 Ms. Kronberg said Council denied a tree removal request for west Main street because the trees were historic and it was not known if the trees could be removed. Mayor Klanderud said she cannot find that the parks department acted in an arbitrary or capricious way. If the parks department determined the trees would not survive relocation, then the correct decision was made. Councilman Johnson agreed he supports the city staff and their decision. Ms. Kronberg said this is part of the code and it was not done. There are 3 factors that are serious about removing trees. Ms. Kronberg said she received a call that one of those trees could have been saved. Ms. Kronberg said an arborist did not conduct 4 drilling tests to see how old the trees are. Ms. Kronberg submitted for the record the definition of destroy, kill, remove and replace; the criteria the parks department follows before they issue a tree permit, Ordinance #29, a picture of trees in the historic Main street district; the appeal to the parks department, the appeal to the city manager, minutes from May 23, 2005; parks department approval, letter from Brian Flynn; letter from Ms. Kronberg, denial of the tree removal permit for 701 West Main; introduction to the HPC guidelines. Ms. Kronberg said mature trees contribute to a sense of identity that is unique for each historic neighborhood. Councilman Johnson moved to uphold the city manager's determination regarding the tree removal permit at 426 East Main as moot; seconded by Mayor Klanderud. Aaron Reed, parks department, told Council the tree removal was based on measurements that have to be maintained to remove the property amount of root mass to support a mature tree. Reed said this is generally a 10: 1 ratio, for every 1" oftrunk diameter, 10" of soil needs to be removed. Reed said these trees were planted on 1 0' centers. The smallest tree was 12" in diameter and that tree needed a 120" root ball to be removed. One could not get an appropriate root mass to support a large tree because of the configuration ofthe trees and the proximity to the structure to the east edge of the building. Stephen Ellsperman, parks department, said parks department worked with community development department staffto come up with the language in Ordinance #29 in the hopes they could save the trees. Ellsperman noted the code is specific about a trees proximity within the building envelope. The historic Main street corridor trees have been preserved. Ellsperman agreed trees are important and the parks department did what they could to preserve them. Ellsperman said in the past staff has tried to save trees of this size and character. Staff feels that the community will benefit more by using the mitigation funds to replace declining trees in the Main street areas and downtown core. Councilman Johnson moved to suspend the rules and to extend the meeting to 10:30 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson asked if these trees were native species or rare or endangered species. Ellsperman said they are not common in Aspen because they have not been 16 Rel!:ular Meetinl!: Aspen City Council June 12,2006 planted in the past. Ellsperman estimated the trees were planted about 30 years ago. Councilman Johnson said he feels the language is clear and there has not been a subversion ofthat language. Councilman Johnson said he admires the tenacity ofthe applicant but the city has not acted arbitrarily and the city manager did not abuse his authority or exceed his jurisdiction. Councilman DeVilbiss said he does not feel there was a choice about the removal ofthese trees. Councilwoman Richards agreed. Ms. Kronberg said these streets were party of the city's streetscape. Ms. Kronberg said she relies on the city code. All in favor, motion carried. Councilwoman Richards said Council received a notice from HPC that the 30-day clock has started on the HPC decision allowing demolition of the Mountain Plaza or the Bidwell building. Councilwoman Richards stated she would like a chance to discuss calling up with decision with Council. Council agreed to add this to the continued meeting for June 13th. Councilman Torre moved to go into executive session at 10:15 p.m.. pursuant to C.R.S. 24-6-402(4)(a) acquisition of property and 24-6-402(4)(f) personnel matter; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and to extend the meeting to 11 :45 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 11 :20 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DeVilbiss moved to continue the meeting to 5 p.m., June 13,2006; seconded by Councilman Torre. All in favor, motion carried. Council left the meeting at 11 :20 p.m. 17