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HomeMy WebLinkAboutminutes.council.20060710 I __ Regular Meeting Aspen City Council Julv 10. 2006 COMMUTER ALL STAR AWARDS ...............................................................................2 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ...................................................................................................4 . Resolution #53, 2006 - Supplemental Request - Deep Powder Cabins ................. 4 . Appointment to Open Space Advisory Board - Boots Ferguson ........................... 4 . Minutes - June 13,26, 2006 ...................................................................................4 . Resolution #54, Series of2006, Electric Distribution Wheeling Agreement for Burlingame Village......................................................................................................... 4 FIRST READING OF ORDINANCES ..............................................................................5 . Ordinance #30,2006 - Burlingame PUD Amendment ..........................................5 . Ordinance #31,2006 - 100 East Bleeker Establishment of2 TDRs...................... 5 . Ordinance #32, 2006 - 403 West Hallam Establishment of2 TDRs ..................... 5 ORDINANCE #24, SERIES OF 2006 - 1001 Ute Consolidated PUD.............................. 6 ORDINANCE #25, SERIES OF 2006 - Code Amendment Lodge District .................... 10 ORDINANCE #26, SERIES OF 2006 - Boomerang Lodge PUD................................... I I 1 Regular Meeting Aspen City Council Julv 10. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilrnembers Torre, Richards, Johnson and DeVilbiss present. COMMUTER ALL STAR AWARDS Lacey Gaechter, environmental health department, told Council these awards are presented quarterly to people who use alternative commuting methods every day they worked. The awards went to Rich Glasser for taking the bus, David Pascal for walking, and Rebecca Hodgson for carpooling. CITIZEN PARTICIPATION I. Mark Joseph brought up the alley at 225 Mill street and told Council the tenants along this alley way did not get involved in this process because they did not think it could be a reality. There is a 21' space and an 8' brick wall with offices with glass windows. Joseph said an alley will make their spaces unworkable. Joseph said this process is not done and there are approvals outstanding. Joseph said it is clear when this building was buiIt that this alley would never be used as an alley. Joseph said they would like Council to reconsider opening this alley because Council made a mandate to the building owners that this would be left as a utility easement. Joseph said it is unfair that this building would be subject to alley usage. Mayor Klanderud noted there were at least 4 meetings before Council for approval of the Blue Vic project on Monarch street. This discussion is about the alley accessing the comrnercial building off Mill street. This project was approved, there was reconsideration, the 30 days has passed and this ordinance is effective. 2. Marilyn Foss told Council she also works in the building on Mill street. Ms. Foss said the notice in the paper was the only notice tenants received; there was nothing posted on the doors or the building. Ms. Foss said opening this alley is a safety issue. It is very difficult to get out on to Mill street. Ms. Foss noted some of the tenants use this space for lunch or for a dog park. Ms. Foss said this is an accident waiting to happen. Ms. Foss told Council for years the tenants have paid to have this space maintained as a green space. 3. Perry Michaels told Council she has a letter from Pat Darymple about this alley; there are no records as to why the existing building was built without the setback. Darymple stated the alley was never to be opened. 4. Tim Semrau said he is the developer ofthe Blue Vic and he understands the concerns of the tenants of the buildings. Semrau said he contacted the owner of the building about 9 months ago and asked if the owner was interested in vacating the alley. Semrau said the owner stated it was not in his interest. Semrau said the owner ofthe building has known the alley is there and that it is city property. The owner chose not to pursue vacation of the alley. Semrau said there are remedial factors and he is willing to meet with the tenants to discuss these factors. 2 Regular Meeting Aspen City Council Julv 10. 2006 5. Toni Kronberg requested Council add a public hearing on the revocation of a development order and forfeiture of vested rights for 426 East Main. Ms. Kronberg told Council the community development director denied the request for a public hearing and asked her to make this request at this Council meeting. Ms. Kronberg reiterated she would like a public hearing to show cause why a development order should or should not be revoked. John Worcester, city attorney, said the request is whether or not a public hearing will be held in the future to determine whether there is probable cause to believe someone had violated the development order. Councilrnan DeVilbiss stated he does not oppose discussing the points brought up by Ms. Kronberg at an earlier meeting. Councilman Torre agreed. Councilman Johnson and Mayor Klanderud said they are not interested in discussing this. Ms. Kronberg said she will take the denial of Council to conduct a public hearing and file an action for judicial review. Ms. Kronberg said her main issue is that the protected trees at the corner are dying. It is Council's responsibility to protect every tree within the right-of-way. Councilwoman Richards said she would rather make sure the parks department and forester look into the tree at Galena and Main to make sure they are protected. Ms. Kronberg said Council is discussing a Burlingame PUD amendment and the affordable units. Ms. Kronberg said she would like to rnake sure the units stay affordable. Ms. Kronberg asked if the public will be allowed to comment during the planned land use work sessions. Mayor Klanderud stated all Council meetings are open to the public. Council and staff will decide whether public comment on land use code revisions will further the process. Councilman DeVilbiss noted all land use code amendments will go through a public hearing process and the public could comment then. COUNCILMEMBER COMMENTS 1. Mayor Klanderud presented an award for the city's support of childcare and for innovative ways to finance these programs. 2. Councilman Torre said the last two weeks has been incredible in Aspen and the events taking place made him proud to be a representative ofthis community. Councilman Torre stated he received many compliments and that this is the best place on earth. 3. Councilman Torre announced Rocky Mountain lnsitute is putting on "Strange Bedfellows" this Thursday at 5:30 about energy efficiency and why it is important to the world. This is free and open to the public. 4. Councilwoman Richards said she will be attending the Club 20 meeting in Lake City and the agenda is natural resource management, energy development policies and water issues. 3 Regular Meeting Aspen City Council Julv 10. 2006 5. Councilwoman Richards thanked staff for responding to the idea of free RFT A service from the intercept lot. This is to encourage people to leave their car at the intercept lot at Brush Creek and to ride a bus free into town thereby saving bus fare, parking fare and having a rnore relaxing ride. 6. Councilman DeVilbiss said he has received a lot of community input on the city pursuing whomever topped the trees on East Hopkins. Councilrnan DeVilbiss said he intends to continue to pursue this. Councilman DeVilbiss said he had lunch with Fred Peirce who named names. Councilman DeVilbiss said he does not think this is a cold case and he would like to increase the reward to $25,000. Councilman Torre said it seems Councilman DeVilbiss has more information than he does and he would like this discussed at an executive session after this meeting. Council agreed. 7. Councilman DeVilbiss moved to add Resolution #54, Series of2006, Electric Distribution Wheeling Agreement for Burlingame Village, to the consent calendar; seconded by Councilman Johnson. All in favor, motion carried. 8. Joyce Allgaier, community development department, introduced a new planner Jessica Garrow. Councilwoman Richards said it was great to see Jessica working on the wetlands volunteer day. CONSENT CALENDAR Councilman Johnson moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: . Resolution #53, 2006 - Supplemental Request - Deep Powder Cabins . Appointment to Open Space Advisory Board - Boots Ferguson . Minutes - June 13, 26, 2006 . Resolution #54, Series of2006, Electric Distribution Wheeling Agreement for Burlingame Village John Worcester, city attorney, said staff worked hard on the Wheeling Agreement with Holy Cross; it is a good and fair agreement. Mayor Klanderud thanked Phil Overeynder for his repeated efforts at this. All in favor, motion carried. 4 Regular Meeting Aspen City Council Julv 10. 2006 FIRST READING OF ORDINANCES . Ordinance #30, 2006 - Burlingame PUD Amendment . Ordinance #31,2006 - 100 East Bleeker Establishment of2 TORs . Ordinance #32,2006 - 403 West Hallam Establishment of2 TORs Councilwoman Richards moved to read Ordinances #30, 3 I, and 32, Series of 2006; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 30 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUBDIVISION/PUD AMENDMENT TO BURLINGAME RANCH AFFORDABLE HOUSING PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 3 I (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING TWO (2) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 100 E. BLEEKER STREET, LOT K BLOCK 65 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE NO. 32 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING TWO (2) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 403 W. HALLAM STREET, LOTS I AND THE EAST Y, OF LOT H, BLOCK 36 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilman Torre moved to adopt Ordinances #30, 3 I and 32, Series of 2006, on first reading; seconded by Councilman DeVilbiss. Councilwoman Richards said for second reading of the two TOR ordinances, she would like a picture of the historic residences so Council can visualize the changes the TORs would make. Mayor Klanderud stated she has concerns about the TORs as it is not clear whether the properties are receiving a 500 square foot historic bonus and then selling off 500 square feet of TORs. Councilmembers DeVilbiss and Johnson agreed. 5 Regular Meeting Aspen City Council Julv 10. 2006 Roll call vote; Councilmembers Johnson, yes; Richards, yes; DeVilbiss, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #24. SERIES OF 2006 - 1001 Ute Consolidated PUD Councilrnan Torre stated he has a conflict on this as a contract employee ofthe Gant and a user of the tennis courts. James Lindt, community development department, told Council the applicant is requesting approval to construct two single-family residences and one category 4 housing unit at 1001 Ute Avenue. Lindt showed where this 7 acres is located on the south side of Ute Avenue, the city Ajax park to the east, the two single farnily lots, the affordable housing lot, and the open space parcels. Lindt showed the current location of the tennis courts, which are proposed to be relocated 30' to the west. The tennis courts wills still be subject to an 80 year lease with the Gant. The applicants propose an open space parcel to the west of the tennis courts as well as putting a conservation easement over 4 acres located in Pitkin County. The applicants propose floor area of 5,000 square feet for the free market units. Lindt told Council there are several natural hazards on site that need to be mitigated, there are mine tailings adjacent to the existing tennis courts. Staff has proposed conditions in the ordinance to mitigate those mine tailings, requiring some removal. There are avalanche and rock fall hazards and the mitigation would require a 4' wall on the south side of the single-family residences. Lindt reminded Council one of the review criteria is compatibility with the neighborhood. Lindt told Council the Hoag subdivision located to the east has an average floor area of 3800 square feet. The Aspen Chance subdivision has an average house size of 5400. The underlying R-15 zone district would allow 5040 square feet, which the applicant is requesting. Staff feels 3800 square feet is more appropriate as similar to the Hoag subdivision and visible from Ute Avenue, like Hoag subdivision. P&Z thought the floor area of 5,040 square feet was most appropriate because it was based on the underlying zone district. Lindt noted the ordinance requires the single family development on lot 1 be mitigated with an ADU or cash in lieu and the proposed development on lot 2 be mitigated with a category 4 unit. The applicants request the conservation easement along with the proposed category 4 unit to serve as mitigation for both single-family residences. The applicants believe the conservation easement has benefits in preserving the upper portion of the parcel against future development in perpetuity. Lindt recommended accepting the conservation easement in lieu of the ADU requirement. Staffrecommends approval with a 3800 square foot limitation for the single-family residences. Glenn Horn, representing the applicants, introduced Latham Stem the applicant, Greg Mosian, landscape architect; Jack Miller, project architect; and Peter Thomas, attorney. Horn showed the lower 2.7 acres of the site located in the city, the adjacent properties, Ajax park, and the existing tennis courts, which will be relocated to allow for a driveway access. Horn showed the proposed location ofthe single-family houses, slanted slightly 6 Regular Meeting Aspen City Council Julv 10. 2006 so they do not read as one wall parallel to the street. Horn stated 4.1 acre of the site will be gifted to the city, donated in fee with a conservation easement, in return for the growth management exemption in the code for preservation of a significant open space parcel. Horn said the issues are the neighborhood compatibility, the floor area, the importance of the open space, and the category 4 affordable housing unit. Horn said the proposed category 4 unit is right on Ute avenue and within walking distance of downtown. Horn told Council the prior owner of the property, Alan Chozen, lives to the west of this project. Horn told Council Chozen was interested in seeing this developed compatibly with other developments along Ute avenue. Chozen also wanted a development acceptable to the community. Horn said in working with staff, they were advised of a code amendment providing significant open space parcels could get a growth management exemption at discretion of Council. Horn told Council the applicants made a presentation to the city's open space board about this parcel and the board unanimously recommended this parcel should be preserved due to the relationship of other open space parcels in the area and the AACP, which identified this is a significant private parcel with open space value, and due to the relationship to other trails. Horn presented a site vicinity map prepared by the city's GIS departrnent, showing the 1001 site, Ajax park, the city boundary line. Horn noted the land in the county is zoned ARF-IO and the land in the city is zoned R-15. Horn told Council staff and the applicants agree there is one development right inherent on this property exernpt from growth management for a lot created prior to growth management. Horn showed where a house could be located on the county portion of the property, but it would not be attractive to the community. The city's portion of the site is zoned for 4 dwelling units so the entire property is zoned for 5 units. Horn stated the most sensitive way to do this is do the development in the city with 2 free market units, 50% less than what it is zoned for, and to gift the upper parcel to the city for open space purposes. Horn pointed out the Hoag subdivision, approved before modern subdivision regulations, before 8040 review, before the PUD process and it shows it was created and built before the modern code. The Newfoundland mining claim is in the county and the house is high up on the hill with a 50 to 70' high wall behind it. The Ajax park was acquired by the developers of Ute Place and gifted that lot to the city as part of the growth management application of 1010 Ute. Horn noted the Ute addition and the Aspen Chance subdivision. Horn said the proposal should have more relationship to Aspen Chance than to the developments to the east. Horn told Council they are trying to model their subdivision after the Aspen Chance development. Horn presented an aerial photo showing the subject property and surrounding areas. Horn pointed out the 8000 topo line, the building envelopes for 1001 Ute. The 8000 topo line is at the bottom of the building envelopes and will be base elevation of the house, which is 20' than the top of the mine tailings behind the tennis courts. Horn noted the 8040 line, the trails and the city boundary. The 8040 is above the proposed houses. Horn said Hoag lot 3 has a base elevation of 8050, higher than these proposed houses. The 7 Regular Meeting Aspen City Council Julv 10. 2006 5900 square foot house on Newfoundland is also at 8050. Horn showed the 8000 at the Aspen Chance and a 9200 square foot house on lot 7. Horn presented a memorandum from the then planning director about a proposed PUD amendment for Aspen Chance dated May 1989. The memo stated that the intent of the original PUD was to keep as much of the bulk off Ute and step the building mass toward the mountain. Horn reiterated the average floor area in the Hoag subdivision is 3800 square feet and the average floor area in Aspen Chance is 5400 square feet and the two upper lots are about 6500 square feet. Horn showed how the trails will connect through the 1001 Ute project. Horn presented a photo taken across the valley from lower Smuggler Mountain and pointed out the Newfoundland, the 1001 Ute and the Hoag subdivision. Horn noted the elevation for the houses on the 1001 is lower than the Newfoundland and Hoag lot 3. Horn presented another photo with the foliage not on the trees and what can be seen from across the valley. Horn noted there are no trees growing on the north side of the mine tailings and the applicants propose to landscape this area. Horn showed a photo from Ute avenue to illustrate the existing subdivisions, the tennis courts and mine tailings. There is a computer enhancement of proposed buildings inserted into the photo of houses that are 5040 square feet set at 8000 elevation, above the tennis courts. Horn showed photos of the Aspen Chance area before development started in the 1980s. Horn reminded Council there was a recent code amendment dealing with preservation of significant open space. The criteria for determining the significance of a preservation parcel and the associated development rights may include the strategic nature of the park to facilitate parks trail and open space development. Horn noted this proposed open space parcel is a continuation ofthe open space on the mountain and helps with the trails. This is private land with preservation value and is being gifted in fee. It is very visible from town. There will be a conservation easement, which will go to Aspen Valley Land Trust. Horn said this project meets the code requirements, it is consistent with the AACP and is consistent with the neighborhood. The project as proposed is a 50% density reduction. There is an open space gift and trail easements, development of a category 4 three-bedroom for sale housing unit. Horn said they propose site reclamation. The only point of disagreement is the size of the houses. P&Z recommended unanimously in favor of the floor area at 5040 square feet. Peter Thomas noted regarding the size of the houses, they are by right allowed to build a duplex with 3700 square foot a side to include an ADU per side. This would result in 4 structures rather than 3 and ADUs that are not well utilized as compared to a category housing unit. Mayor Klanderud asked about the entry to the project. Horn said it is right across from Ute Place and has a 12% grade, which will not work without snowmelt at the request of the fire department. Horn said the road will sit about the height of the tennis court fence. Mayor Klanderud said she is concerned about the visibility of the retaining wall. Horn said the wall at the Newfoundland is higher than the house. Greg Mosian, landscape 8 Regular Meeting Aspen City Council Julv 10. 2006 architect, said the wall holding up the driveway will be a terraced wall of boulders. Horn pointed out the debris mitigation wall, which is proposed to be 4' . Councilman Johnson asked the average size of the houses at Fox Crossing subdivision. Lindt said they are 3500 square feet. Councilman Johnson noted the fire marshal recommends no landscaping around the house. Horn said this is standard wildfire mitigation with a defensible space zone around the house. Horn said one can either have trees around the house and then a 30' defensible space. Any plan will have to be reviewed by the fire marshal. Lindt noted this proposal will have to receive an 8040 green line approval and the wildfire mitigation will be reviewed at that time. Councilman Johnson asked why the tennis courts have to be moved. Horn said they are sitting on the most logical space for a driveway so 30' will be removed from the east and 30' will be added to the west. Councilwoman Richards asked if the applicants would accept a condition extinguishing development rights under the tennis courts. Thomas said they would. Councilwoman Richards asked why staff is recommending a srnaller FAR. Lindt said staff feels the landscaping will not be mature and in the infancy of the subdivision, the houses will be very visible from Ute avenue. Councilwoman Richards asked if there is a "no dog" policy on the affordable housing unit. Stern said there will not be. Mayor Klanderud opened the public hearing. Donnie Lee, Gant manager, told Council they have been pleased with this process and they support the development. Lee said they are satisfied with the relocation of the tennis court. Lee said he feels this proposal is consistent with the theme of Ute Avenue. Alan Chozen, 971 Ute Avenue, told Council he is the former owner of this property. Chozen said he is still a resident of this neighborhood and has concerns about any proposal for this property and its compatibility with the neighborhood. Chozen said they did not want to see 5 units developed on this property and did not want a 7500 square foot house. Chozen told Council he met with neighbors and worked with the potential developer and worked on donating 178,000 square feet of open space so no one can ever build on it. Chozen said he is comfortable that the developer will continue with his families' wishes. Chozen said he feels the 5040 square feet is appropriate and is compatible with the houses in Aspen Chance. Jim DeFancia, Ute Place homeowner, told Council they are supportive of this application. DeFrancia said they have no objections to the 5,000 square foot house, which is commensurate with the neighborhood. DeFrancia supports the category 4 unit as adding permanent residents to the neighborhood. Mayor Klanderud closed the public hearing. Horn listed the exhibits as the site and conceptual plan 1001 site vicinity plan photo, Aspen Chance photo prior to development, view of existing property photo, schematic view with conceptual homes, view of site from Smuggler Mountain avec leaves and sans 9 Regular Meeting Aspen City Council Julv 10. 2006 leaves, and a chart of the land use regulations about preservations of significant open space parcels. Councilwoman Richards stated this proposal has a lot of merit and there is benefit to the entire community by bringing the development off the higher slopes. Councilwoman Richards agreed it would be better to have it developed in the city rather than the county. Councilwoman Richards said she is struggling with the floor area issue. Councilwornan Richards said the ratio between the free market proposed and the I affordable unit does not fit. Councilwoman Richards said she would like to support staff recornmendation of a smaller size and could support houses slightly larger than the staffrecomrnendation. Lindt reiterated one development right is inherent with the parcel and the applicants could construct two single family detached houses of7400 square feet. Through a subdivision process, they could get up to 5 lots through growth rnanagement. The tennis court parcel is 23,340 square feet and the open space parcel to the west is 19,260 square teet, which is private open space as a continuation oflot 2. Lindt said this is zoned R-15 with a Pun overlay. Councilman Johnson said the project has merit and he does have some concern about the floor area. Councilman Johnson stated he would like a site visit as he is concerned about life safety issues. Councilman Johnson said before he could vote in favor of this, he would like a condition that the tennis courts could never be further subdivided nor built upon. Councilman Johnson stated he would like to see the affordable housing unit be separate from the condominium association for the free market units. Councilman Johnson said one of the community goals is not to contribute to global warming and not to waste energy so he is very concerned about the snow melted driveway. The applicant said snow melting is not their proposal; it was a requirement from the fire department. The garage has been lowered which may lower the grade. The fire rnarshal considers 8% acceptable without snow melting. Councilman DeVilbiss agreed he would like to see smaller units and would also like a site visit. Mayor Klanderud said she is not concerned about the proposed house size considering the gift of open space benefit. Mayor Klanderud said she like the location of the proposed affordable housing unit and likes that it would be exempt from the free market homeowners association. Councilwoman Richards moved to continue Ordinance #24, Series of2006, to July 24th and to have a site visit; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #25. SERIES OF 2006 - Code Amendment Lodge District Councilman Johnson noted he lives within 300 feet of Lift One condominiums; however, this is a general code amendment so he will not recuse himself for the code amendment. James Lindt, cornmunity development department, told Council this code amendment is a result of a request from Lift One condominiums requesting an amendment to the lodge 10 Regular Meeting Aspen City Council Julv 10. 2006 district to remove the minimum lot area for affordable housing units. Lift One is requesting this amendment in order to legalize bandit units that have been in existence since the 1970's. The Lift One needs this code amendment because they are over the density requirement. The current lot area per dwelling area is I unit/3,000 square feet of lot area. The ordinance proposes language to exempt affordable housing units from this requirement. Lindt agreed the current code is a hindrance to increasing density for affordable housing units. Staff and P&Z recommend approval. Paul Taddune, represent the Lift One condominiums, said this code amendment was proposed by staff earlier but was delayed as to be a part of a package of code amendment. Taddune told Council this unit has been owned by the association and houses employees. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #25, Series of2006, on second reading; seconded by Councilman Torre. Councilman Johnson stated he is not inclined to approve any code amendment during a moratorium, regardless of its merits. Councilman Johnson said he would prefer a comprehensive to look at the lodge zone and include this in the discussion of the lodge zone. Councilman DeVilbiss agreed this is a piece meal approach to amending the land use code. Mayor Klanderud said allowing more affordable housing is a reason to support this code amendment. Roll call vote; Councilmembers Torre, yes; Johnson, no; Richards, yes; DeVilbiss, no; Mayor Klanderud, yes. Motion carried. ORDINANCE #26. SERIES OF 2006 - Boomerang Lodge PUD Joyce Allgaier, community development department, stated this is a proposal for redevelopment of the Boornerang lodge located at 500 West Hopkins.. Ms. Allgaier said the redevelopment is for 52 units or 51,000 square feet including 6 free market units, 2 affordable housing units, 48 parking spaces of which 3 I spaces are underground. Ms. Allgaier said the existing Boomerang is 34 units and 23,000 square feet. This is located in R-6 medium density zoning with a LP overlay. Ms. Allgaier reminded Council many of the city's older lodges were located in the residential district and an LP overlay was added to aid in the restoration of the lodges. The LP overlay allows for expansion and preservation of the older lodges. Ms. Allgaier said the free market units are proposed as whole ownership with an average size of 1500 to 2500 square feet. The lodge units are proposed to be condominiumzed and will be 300 to 1000 square feet. The large lodge units have a lock off so the rooms can be rented. The condominiumized lodge units are subject to the use limitation of 30 day continuous use by the owner and 90 day maximum/year. When they are not being used by the owner, they will be available for rental. Ms. Allgaier told Council there is a 11 Regular Meeting Aspen City Council Julv 10. 2006 request for PUD rezoning in order to have a site specific development plan. There is a request for subdivision for the 8 residential units. Ms. Allgaier noted P&Z discussed this application several times and voted 4 to 2 to recommend approval of the proposal with reduction of2 units and of height in the northwest comer ofthe property. The P&Z felt this was balancing community goals and goals of the Aspen Area Community Plan, bringing about a rejuvenation of the lodges in Aspen. P&Z agreed this is a good project in terms of using what is already there and adding new units. There was dissent about the height of the project, especially along Hopkins street. Ms. Allgaier pointed out on the board titled roof area the corner where the height was reduced from 39' to 30'. Ms. Allgaier said P&Z also had problems with neighborhood compatibility, the height and massing. The neighborhood is a mix of uses, styles and heights. The majority ofP&Z felt it was a positive addition to the neighborhood and the community at large and achieving city goals. Ms. Allgaier said staff feels there may be too much height in this proj ect, especially at 42' location. The applicant did reduce the height in one portion. There is a lot of mass in the project. Ms. Allgaier said the height has been concentrated toward the middle of the building and steps down to the east end. The design is concentrated in order to obtain the lodge preservation incentives and to create the density and size. The design avoids the historic east end Boomerang lodge component. Ms. Allgaier said staff would also like to see more of the Boomerang lodge retained. This was constructed in 1956 by Charlie Paterson, who is one ofthe few architects in Aspen to study under Frank Lloyd Wright. Ms. Allgaier noted the Boomerang is not historically designated but is an excellent representation of post war lodges built in Aspen during the discovery of skiing. Ms. Allgaier said Council has requested staff work on preservation oflodges with the applicants and staff met with the applicant on this project. Ms. Allgaier said as a result, the east wing of the Boomerang is proposed to be saved. This is a good attempt at preservation; however, staff wishes there more of the Boomerang were being preserved. HPC also agreed it would be beneficial to save as much as possible. Ms. Allgaier pointed out the east wing is proposed to have a third floor added, which changes the nature of the east wing. Ms. Allgaier reiterated this building is not listed as historically significant; however, it was in the process to be listed. Ms. Allgaier noted staff feels this proposed project attains positive goals, lodging bedrooms, it conserves a portion of a lodge from the early skiing days, it provides on-site parking, meets the goals ofthe AACP and oflodge preservation. Sunny Vann, representing the applicant, told Council the purchaser of the lodge reviewed the lodge regulations and their impact on redeveloprnent of the Boomerang. Vann said it was determined a project could be designed to expand the room count of the lodge and also comply with the lodge incentive legislation. Vann said the ability to include free market units is a key component to feasibility. Vann said the applicants met with staff and discussed the concept of retaining the east wing, the most historic component of the 12 Regular Meeting Aspen City Council Julv 10. 2006 structure. Vann said this project was a type envisioned under the new lodge incentive legislation. The Boomerang lodge is not historically designated nor has the city attempted to designate it. The owner met with HPC to solicit comments on preserving the east wing. After all that due diligence, the property was purchased and a project fully compliant with the new regulations was designed. Vann noted except for minor setback variations, the proj ect complies with the lodge district dimensional requirements. This is a residential zone district and there are no underlying dimensional requirements so the applicants used the lodge legislation to design the proj ect. Vann said the proposed design adds 18 new guest rooms, a 50% increase. These rooms range from 325 to 1000 square feet. The largest units have two rooms, which would allow lock out rental bedrooms. The project is only 60% of the floor area that would be allowed in the lodge zone district. The free market component is 6 units from 1600 to 2500 square feet; 4 of the units are 2000 square feet or less. The total floor area of the free rnarket units is within the 25% limit imposed by the lodge incentive program and there is no request to increase the ratio of free market. Vann said the lodge will retain 39 of the 42 trees on the property, preserving a significant natural feature. This will shield the lodge from the Hopkins street corridor. Vann noted there is no open space requirement in the lodge district but this design leaves about 19% ofthe project open. There is a subgrade parking garage with 3 I spaces, which should reduce the on street parking in the neighborhood. The parking on the city's rights-of-way will be rernoved except for some spaces in front of the east wing. Vann told Council all of the neighbors except those to the north of the site have submitted letters in support. Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Vann said owners of the Christiana units located irnrnediately to the north of this project are concerned about the heights and loss of views. Vann noted the views to the east of the Christiana are unobstructed. Vann reiterated staff s principle concerns is neighborhood compatibility. Vann said the existing Boomerang occupies Y, a city block and is 2 or 3 stories. The Boomerang has been on this site for 50 years. The city's lodge incentives anticipated structures might get larger in order to accomplish community goals, like obtaining new lodge units, updating old properties and getting larger units. The trees along Hopkins street obscure the existing loge and the proposed lodge from view along Hopkins. The proposed lodge will be invisible from Main street due to a structure in between and to vegetation. The height of the Christiana will shield the Boomerang from view. Vann noted that the height of the lodge was reduced because of P&Z concerns. Vann stated 80% of the roofis at or below 39'. The zone requirement for lodge zones is 42'. Vann said this project addresses community objectives; to maintain a small lodge, to expand it to recoup lost lodge roorns and to have a minimal impact on the neighborhood in general and in the neighborhood at large. Vann stated individual views are not protected under the municipal code; the code does protect public views. Vann said the Christiana is also a condominiumized lodge and the owners are limited as to occupancy and to allow the Christiana to be used as lodge rooms. Vann pointed out the 13 Regular Meeting Aspen City Council Julv 10. 2006 redevelopment of the Christiana has had adverse impact on the existing Boomerang and views from its units. Augie Reno, architect for the project, told Council the owner of the project had goal of saving the trees along Hopkins street. Reno presented a photograph of the trees up to 75' in height; these are evergreen trees and create a wall between the lodge and Hopkins. The rooms on the south side of the building have a view of these trees. Another goal was to save the eastern wing. The design saves the existing lobby and the L-shape. The wing is the most reminiscent ofWrightian architecture. The pool will be retained; there will be a spa. The applicant also requested a design that would fit into the neighborhood and not push the envelope. Another goal was to get as many cars below grade. Reno showed the proposed design keeping the masses of 3 buildings as they currently exist. The design attempts to keep the center mass as far away from the north as possible. The last direction was to respect the architectural significance of the Boomerang and to compliment it with the new architecture. Reno showed photographs of the Boomerang from different spots in the neighborhood. Reno pointed out on photographs surrounding buildings, like Little Ajax, a view looking to the northeast with an opening into the pool, which will be maintained. Reno showed a photograph illustrating that a large amount of Shadow mountain will be visible. On December 21 st, it is not the buildings that cause the shadow; it is Shadow mountain. Reno identified his board, AlOI, subgrade space of the proposed lodge, which will have amenities for the guests like a library, spa, and media area. Reno said the existing lodge has sub grade space. The board AI02 shows the ground level and the ramp into the parking garage with elevators and storage, a hotel and a guest laundry. Reno noted there are currently 5 rooms in the L-shaped east wing. Two rooms will be turned into a lobby/lounge. The lobby will be retained in this area. The central wing will have 10 rooms with small kitchens. The western wing has 6 hotel rooms and a one-bedroom affordable unit. Reno presented AI03 the second level, keeping the existing rooms and multi-purposes room with a connection on the rear balcony. Drawing A I 04 is the third level and is a full floor that goes over the existing lodge with 3 of the free market units and lodge rooms in the west wing. The fourth level is the central wing and part of the west wing, drawing AlO5. The fourth level is brought in from the alley and from the street side 5 to 10'. Reno pointed out where the two units on the northwest corner were removed. There are 3 free market units on this level. Reno showed the roof plan where 80% of the building is 39' or less. Reno pointed out on the eastern edge of the Christiana, the Christiana is several feet from the property line and the Boomerang was brought down in that area. From the street side, the building is 15' to the roof. There are cantilevered roofs to compliment the existing lodge; there are deep recesses. Reno went over the proposed materials, the open railings. On the Fifth street side, the upper floor is set back 10 to 15' from the 3Td floor so it will be difficult to see from the street, this is presented on the south and west elevations board. 14 Regular Meeting Aspen City Council Julv 10.2006 Reno showed a perspective sketch from the southeast comer with the existing lodge and the proposed third floor. Reno said this part of the lodge was discussed with HPC who would prefer not to have a third floor. They also discussed the material and whether to copy or to blend with the existing building. Reno told Council a lot of the existing lodge is in disrepair. Drawing A202 shows the north and the west elevation, the eastern wing, the alley. Board A301 is a drawing of2 sections cut through the site from Hopkins to the proposed building to the Christiana. Reno noted the Christiana sits at 3 1-112 feet and the Boomerang is a 3 story structure at 30'. At 40' from the property line, the proposed Boomerang is 39'. There is also a section cut through the proposed Boomerang. Drawing A302 is two other sections, showing the roof stepping back, the line of sight. Reno noted a section from the corner unit at the eastern end ofthe property, the building is at 30' and the trees break the view plane of the mountain. Reno presented a model of the project and the surrounding neighborhood, showing how the building will be viewed. Reno pointed out the surrounding properties in support of this project, the proposed Jewish temple, the Goldenbergs, the Statins, from Martha Madsen and from one owner in the Christiana. Councilwoman Richards asked if all lodge units are condominiumized. Vann said all 52 lodge units will be available for sale. Councilwoman Richards requested the city attorney answer how the condominium act (CCIOA) will apply to this project. Councilwoman Richards noted the lodge incentive zone district allows 25% free rnarket; however, this project sounds like 100% free market as all units are being sold. This does not seem to agree with lodge incentives. Vann said the 25% provision does not prohibit condominiumization oflodge units. Vann said selling lodge units is one of the viable ways to finance the project. Councilwoman Richards said she thought the 500/500 lodge incentive was passed to get pure lodge beds. The condominiurnization of this proposed lodge sounds like fractional free markets. Councilman Torre moved to suspend the rules and extend the meeting to midnight; seconded by Councilman DeVilbiss. All in favor, with the exception of Council members Johnson and DeVilbiss. Motion carried. Reno said the trees were surveyed and in the drawings and the model are representative of actual heights. Reno said they took the heights of the Christiana from the approvals. Councilman Johnson asked how the Christiana was approved. Ms. Allgaier told Council they went through lodge preservation/PUD. Councilman Johnson asked for 11 by 14 drawings GA002 of the plans for second reading. Mayor Klanderud opened the public hearing. Jeff Nathan said increasing the short term rental stock of the city is a good idea and the city needs these units. Nathan said approving this plan is giving an extra 20,000 square feet of buildable space. The gravy in the project is free market housing and letting wealthy investors get units with the best views. Nathan suggested the building be approved at two levels. More short term housing is a noble goal. The Boomerang needs 15 Regular Meeting Asoen City Council Julv 10.2006 to be upgraded. The project should be kept in scale. The proposal belongs in the commercial core, not in a residential neighborhood. Les Holst said this is a massive condominium development by out of town investors with high end rentals. Holst said Council should see this project without the trees; the project has to stand by itself. A project this size does not belong in this neighborhood; it is inappropriate, it is out of scale. Jody Edwards, representing the Christiana homeowners, said they agree small lodges are vital to the economy of Aspen and to the sense of the community. Edwards said small lodges do have a place in residential zones; however, this project is no longer a small lodge. This proposal is 120% larger in terms of square footage and 30 to 50% in terms of height. Edwards said Council should think about compatibility with the neighborhood and the AACP requires compatibility. Edwards said this project is not compatible and does not comply with the AACP; one reason is the 39 to 42' heights, which height does not work in a residential neighborhood or across a 20' alley. Edwards stated this is a massive building. The rest ofthe neighborhood has separations allowing light and people to flow through it. Edwards read from the AACP that land use should be encouraged to occur in such a way to protect and to enhance the existing natural environment. Edwards said the existing environment is separated 2 and 3 story buildings. Edwards noted the AACP also addresses sensitivity to scale, and compatibility in terms of sympathetic subservient and contextual. Edwards also quoted from the AACP that the spaces between buildings are often more important than the buildings. Edwards stated the message from the AACP is that new structures should fit within the existing context and be compatible with the neighborhood. Vann presented a letter to the record frorn Dick Carter stating Edwards does not represent the horneowners of the Christiana. Edwards told Council he was hired to work on behalf of the association. George Chuchman, owner of unit under construction at the Christiana, asked what percentage of this proposal is free market. Vann said 25% ofthe total floor area is the free market residential component. Chuchman said the priority should be short term accommodation not free market and 25% of this project will never be in a rental market. William Bridge, Christiana resident, stated he does not see the compatibility of this structure with the AACP. Bridge said there is a serious issue here. There are underground bedroorns in the Christiana. Bridge said there are alternatives to reducing the height or mass to accomplish similar goals. Bridge requested Council consider the horneowners in the area. James March, 300 block Hopkins, said the Boomerang is anomalous in this neighborhood. The Boomerang has always been out of place because of where it was built. March stated this is an all residential neighborhood. March suggested the city buy this property as a site for employee housing. Rusty Scott, 3rd and Hopkins, said this project is out of scale; it is out of place and is too big. Scott said the western edge of the Scott building has a dedicated green space on the comer. Fred Fine, Christiana, said he strongly objects to this project, which is more than doubling the square footage. It will increase traffic. The underground parking traffic will all come through the alley, which 16 Regular Meeting Aspen City Council Julv 10. 2006 will become a thoroughfare. The proj ect is increasing in square footage but not that many units are being gained. Fine noted there is no 4 story building in the west end. Darrell Shaw, Christiana owner, said the roofline ofthe proposed Boomerang is not in line with the rest ofthe neighborhood. The Boomerang is a rnonolithic structure. Hailey Dodds, resident ofthe neighborhood, said she supports the project. Craig Ward told Council for 3 years this lodge was listed, there was no interest from the city to purchase this as affordable housing. Ward said this proposal will save 1/3 of the property and the proposal is an increase in 50% of lodge rooms available for rent to the general public. Ward said this proposal is exactly for what the lodge incentive code amendment was designed. Ward noted this has been a lodge in this location for 50 years. Ward said this is a good project. Randolph Carter, Christiana, agreed the project needs to stand alone without the trees. Carter said this project is too large for the neighborhood. Dwayne Romero said the project attempts some balance, to show character, to incorporate input from different groups. Romero commended incorporating affordable housing on site, trying to work with HPC to preserve part of the structure. Mayor Klanderud closed the public hearing. Mayor Klanderud said when the Christiana went through redevelopment, neighbors opposed that development. Mayor Klanderud said people care about their environment and about the community. Mayor Klanderud said the city has lost lodge rooms because lodges were down zoned to nonconforming uses. There have been atternpts to bring the lodge base back. This is an opportunity to get some lodge rental units back.. Mayor Klanderud agreed views and open spaces should not be blocked but it is a strange concept to build a building no one sees. Mayor Klanderud stated she is concerned about the height and the design of the mass of the building. Mayor Klanderud said she does not object to lodging in this neighborhood; it is important to preserve lodges. There is a way to make lodges compatible with neighborhoods. Councilman Torre asked if all lodge rooms were condominiumized. Vann said the concept behind the lodge incentives was there was to be a free market residential component, which cannot be more than 25% ofthe project. These can be sold as whole ownership or fractional and the purpose is to help subsidize the project. Vann said the lodge units may be condominiumized, fractional units or regular rental lodge units. Vann told Council a condominiumized unit may only be occupied consecutively 30 days and nor more than 90 days/year. Councilman Johnson said if the 25% free market is to provide the economics to do the rest of the project and the rest of the units are condorniniumized, the whole project is an economic engine driver. Vann said crafting the code amendment was long and complicated. This is the first project to be reviewed under the lodge incentive code. Vann said this is a condominiumized hotel and the city has a history of condominiumized hotels. Vann told Council they worked with staff, P&Z and the neighbors. Vann noted the neighbors to the north in a similar project do not like this project; other neighbors 17 Regular Meeting Aspen City Council Julv 10.2006 have supported this project. Vann said the goal is to keep this lodge in this neighborhood in a configuration that works for the developer and affects the least number of people. Councilman Johnson said the height and mass of this project are driven by the goal to increase the number and size of the lodge rooms and to have an economic engine. Councilman Johnson reiterated he does not understand the distinction in ownership; it appears this is all a free market project. Councilman Johnson said the city went through a process of allowing more height and density to increase the number of lodge beds and to preserve small lodges. Councilman Johnson said this is not a small lodge preservation project or a large increase in the number of rooms relative to the increase in height and mass. Councilwoman Richards stated she is concerned about the size and mass; Councilwoman Richards said she like the architecture. Councilwoman Richards said this is not a straight lodge incentive in the lodge zone; it is located in the R-6, residential zone and is requesting PUD. The PUD review is required in an LP overlay zone to determine the appropriate dimensions of a project. Councilwoman Richards said it is incumbent on Council to make this project fit, not only for the neighborhood but also for the community. Councilwoman Richards stated her primary concerns are the overall height and perhaps the 4th floor should be eliminated. Councilwoman Richards said she would not support a 3rd floor on the historic east wing. Councilwoman Richards said she would like to see the mass broken up to allow views through the buildings. Councilwoman Richards said she likes the effort to maintain the trees and the proj ect is working with the natural architecture. Councilwoman Richards said she would like an analysis of how this works with the lodge incentive code amendment and with CCIOA. Councilwoman Richards noted the proposed lodge is .97:1 and the existing lodge is .85:1, which appears to be a very small increase. Councilman Johnson agreed about eliminating the new 3rd floor on the existing Boomerang east wing. Councilman Johnson said this proposal seem to lose what sets the Boomerang apart, its size and its charm. Councilman Johnson stated he is concerned about the size of the lodge rooms and would prefer to see more and srnaller lodge rooms. Councilman Johnson said his fear is this project is lodge preservation in name only. Councilman Johnson said he has seen no details as how this is proposed to be run as a lodge. Councilrnan Johnson stated he wants to make sure, if approved, this is a community benefit. Mayor Klanderud said she, too, has concerns about the 3rd floor over the eastern wing and would like to see an illustration to see if it fits. Mayor Klanderud commended the applicants for being willing to preserve the eastern wing of the Boomerang. Mayor Klanderud agreed the building feels too massive. Currently there is a wall to the north and the openness of the existing Boomerang is internal. Councilman Johnson said he would like a site visit. Councilman Johnson asked about the original cabin. Vann said a condition of the sale is that the Patersons be allowed to remove the cabin from the property. 18 Regular Meeting Aspen City Council Julv 10. 2006 Councilman DeVilbiss said his concerns are height and mass. Councilman DeVilbiss said this looks like one big economic engine and there is no guarantee the city will get any moderately priced lodge rooms, nor that they will remain moderately priced. Councilman DeVilbiss asked about the affordable housing mitigation. Vann said they have proposed units on site to meet the current code requirements and based on the expansion. Vann said the affordable housing mitigation is calculated on the net increase of new lodge rooms regardless ofthe form of ownership. Councilman Johnson asked if Council could get a matrix on how the mitigation changes with more lodge rooms. Councilman DeVilbiss moved to continue Ordinance #26, Series of2006, to August 14; seconded by Councilwoman Richards. Councilman Torre said he has a problem with the setbacks shown as 0 to 5'. Vann told Council there are portions ofthe east wing proposed to be preserved that do not comply with the setbacks. Vann said for the next meeting they will have a diagram showing all the setbacks. Councilman Torre said he feels lack of setbacks is an infringement. All in favor, motion carried. Councilman DeVilbiss moved to go into executive session at 11:15 p.m. pursuant to C.R.S. 24-6-402(4)(b) conference with counsel; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 12:05 a.m.; seconded by Councilwornan Richards. All in favor, motion carried. Councilman Torre moved to adjourn at 12:0~.; seconded by Councilwoman Richards. All in favor, motion carried. 19