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HomeMy WebLinkAboutminutes.council.20000612Regular Meeting Aspen City Council June 12, 2000 Mayor Richards called the meeting to order at 5:10 p.m. with Councilmembers Markalunas, Paulson, McCabe and Hershey present. PROCLAMATION - Michael Conviser Councilman Hershey read a proclamation honoring the life and achievements of Michael Conviser, especially his vision and commitment to the Aspen Golf Course. Councilman McCabe said Howard Hardy also died this weekend. Hardy was a local dentist, outdoor enthusiast with a lot of spirit and love of life. This is a loss for the community. CITIZEN COMMENTS 1. Connie Harvey asked about the contract for the Stage Road intersection on the consent calendar. Steve Barwick, city manager, said this Council meeting will be continued to tomorrow night to address this and a possible ballot question on Burlingame. There will be a joint work session with the County Commissioners at 4:30 on the Zoline/Burlingame Ranch housing proposal. There will be another public presentation on Thursday, June 15th for anyone not able to attend Tuesday's meeting. COUNCILMEMBER COMMENTS 1. Councilman McCabe noted the Food and Wine Festival was this past weekend. Councilman McCabe said he was amazed at the attendance, the mood and the sense of community at this event. Councilman McCabe said he had not realized how big and important this event is. 2. Councilman Markalunas said everyone should be aware of the need to slow down their life styles; remember to yield to emergency vehicles; stop for pedestrians in cross walks; bicyclists should obey the rules of the road. Also the fire danger is high and everyone should be very cautious. 3. Councilman Markalunas said he, too, attended Food and Wine and rode the cross-town shuttle back and forth to the event. The cross-town shuttle now goes until 11 a.m. and is a very convenient service. Councilman Markalunas said he hopes Food and Wine will be an Aspen tradition for the next 50 years. Regular Meeting Aspen City Council June 12, 2000 4. Mayor Richards noted that Resolution #86, 2000, Contract Engineering Services, Stage Road Intersection and Resolution # 75, 2000 - Ballot Questions will be discussed at the continued meeting tomorrow and that Ordinance #24, 2000, Aspen Highlands PUD Amendment is withdrawn at the request of the applicant. 5. Mayor Richards thanked staff for the timely completion of the Downtown Enhancement Pedestrian Project. Mayor Richards said she has received a number of positive comments about the results of this project. 6. Councilman Hershey withdrew Ordinance #23, 2000 - Code Amendment Prohibiting Possession of Cigarettes, from the agenda. Councilman Hershey said this ordinance will be reworked and brought back at a later date. 7. Councilman Paulson requested Resolution #87, Contract - Highway 82 Roundabout West and Resolution #84, 2000 - Contract Construction Management Truscott/Iselin be taken off the consent calendar and placed at the end of the agenda. 8. Councilman Paulson said many businesses in town have their air conditioners on the their doors open. Councilman Paulson encouraged businesses to keep their doors closed so that we are not using energy to cool the out of doors. 9. Councilman Paulson said he has been a paraglider for 7 years in this community. It is becoming an endangered species of sport as the atmosphere is becoming too turbulent. Councilman Paulson said some communities are banning the use of lighter fluids for charcoal grills. Councilman Paulson said he would like people to look into alternatives rather than pouring fuel on charcoal grills. 10. Steve Barwick, city manager, withdrew Request for Funds - City Hall Ventilation Inspection, as this cost will be included in the contract for City Hall air conditioning. Barwick suggested Council moved Resolution #76, Sandunes LP Annexation to after the DRACO Affordable Housing. Barwick requested an executive session for the end of the meeting. 2 Regular Meeting Aspen City Council June 12, 2000 CONSENT CALENDAR Councilman Markalunas moved to read Ordinances #21 and #22, Series of 2000; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE N0. 21 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE HOLY CROSS ENERGY CONSOLIDATED PLANNED UNIT DEVELOPMENT AND REZONING TO R-30, LOW DENSITY RESIDENTIAL, WITH A PUD OVERLAY ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE NO. 22 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 26.415.010 OF THE ASPEN LAND USE CODE were ready by the city clerk Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman McCabe. Councilman Markalunas commended staff and CORE for their work with mitigation fees from homeowners who want to use more energy than is permitted by the energy conservation code. The recommendations for use of this money is to go to Burlingame/MAA affordable housing project; green design for public buildings, PV incentives; Ruedi small hydro; community mini-grants; solar hot water rebates; a loan program; and CORE fees. Councilman Markalunas said he feels these programs add to the city's long range goal of keeping Aspen 50 percent or more renewable energy. The consent calendar as amended is: 3 Regular Meeting Aspen City Council June 12, 2000 · Ordinance #21, 2000 Holy Cross PUD Rezoning · Ordinance #22, 2000 Open Space Code Amendment · Resolution #82, 2000 - Aspen Institute Banners · Resolution #80, 2000 - Contract CDOT Overlay Main Street · Resolution #79, 2000 - Temporary Municipal Judge/Oates · Resolution #83, 2000 - Contract City Hall Air Conditioning · Resolution #81, 2000 - Contract Rio Grande Basketball Court & Trail Concrete · Resolution #85, 2000 - Authorizing Expenditures of Funds from Renewable Energy Mitigation Program · Resolution #77, 2000 - Sale of Water Place Unit, Lot 23 Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Markalunas, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE #15~ SERIES OF 2000 DRACO Affordable Housing John Worcester, city attorney, told Council the Colorado Supreme Court issued a decision in Telluride vs. Lot 34 Venture. This decision upholds a state statute prohibiting rent control. This state statute says it is not intended to cover rent control where the state or municipality has an interest in that property. Worcester noted this proposal for affordable housing is that the applicant will deed restrict rental rates consistent with the city's housing guidelines. Worcester told Council the applicant is voluntarily agreeing to deed restricted these units to the affordable housing guidelines. Worcester pointed out this ordinance has been amended to make clear this is a voluntary deed restriction on property and in order insure a future owner does not go back on this, the applicant has agreed to give the housing authority an undivided small fractional interest in the affordable housing units. Worcester said this solution is consistent with the intent of the state legislature and is the best one at this time. Worcester said the Court decision is silent as to what kind of an interest one has to have in the 4 Regular Meeting Aspen City Council June 12, 2000 property. Worcester recommended staff draft code amendments so that housing mitigation is not done through this type of deed restrictions. Worcester said the Court decisions also suggests this issue be taken up with the state legislature. Chris Bendon, community development department, told Council the ordinance has been amended to meet with the city attorney's suggestions. The "whereas" clauses state the applicant has voluntarily agreed to these conditions. Leonard Oates, representing the applicants, said he feels this is a different situation than where an exaction required for a development project. It is voluntary and the applicants are willing to waive the provisions of the statute to the extent that they can. The applicants are willing to create an interest in the land for the benefit of the housing authority. Bendon reminded Council a PUD (planned unit development) allows an applicant to apply to the city and to establish all zoning parameters based on the underlying zoning. Bendon said all large developments and affordable housing go through a PUD process. These projects receive some flexibility in dimensional requirements. Bendon said there has been a change in philosophy from thinly spread developments, resulting in sprawl and traffic to one reflected in the AACP calling for housing to be contained within existing townsites. This will help protect rural lands and open space and not increase traffic. Bendon said he will be looking at the platted town of Aspen to see where infill development will work and can be encouraged. The DRACO proposal is in front of this change in philosophy. This project will be close to property boundaries. There are requirements in the UBC of how close windows may be to parcel boundaries. To the south this will be close to the parking garage ramp and stairs to the plaza. The applicant has asked for easements in those to areas to accommodate the building. The easement from the city will be granted in this ordinance. Pitkin County has not made a decision on granting an easement to the applicant. If Pitkin County does not grant an easement, the building will be smaller on one side. Bendon showed the location and surroundings of this development. This is a vacant area of 50 feet by 50 feet currently used as parking. The proposal is for 6 residential units; first floor 6 parking spaces; second floor 3 one- bedroom units; third floor 2 two-bedroom units and fourth floor 1 two- 5 Regular Meeting Aspen City Council June 12, 2000 bedroom unit. Bendon showed elevations of the proposed buildings, elevations with surrounding buildings, the view from Rio Grande park. Bendon said his research regarding this project and the accessibility issues shows that it will be eligible for a building permit. The building will be brick or brick veneer on all exteriors. There are comments from the Pitkin County Library regarding the loss of their views and the effect this building would have on their interior lighting. The proposed building is 38 feet high and several feet away from the windows that would be affected. Bendon said it is hard to tell what effect the building would have on the ambient lighting as it is on the north side of the library. Bendon showed where the proposed building would come to on the library and how the views might be affected. Bendon said the building will block the view. Bendon pointed out the two most important facades of the library are the Mill street and Galena Plaza entrances. Bendon noted this view plane is not protected by the municipal code. Bendon showed Council how the unit on the 4th floor of the proposed building could be moved around so it would not block the entire view. Bendon noted the city code does allow for off-site parking. The P & Z recommended off-site parking be looked into in order to allow more units on site. Off site parking could be at the parking garage, Benedict Commons or a remote parking facility. P & Z supports the in-fill development approach. Bendon said this proposal has 6 parking spaces, 1 per unit, on-site in the 1st floor. These spaces could be somewhere else if the city and applicant agree to this. Bendon told Council there is an increasing demand for rental affordable housing. There is a 2 year waiting list for Truscott housing at the golf course. Bendon noted this is a private application with no public monies going into it. The project is being done on a voluntary basis and not as mitigation to offset commercial development. The community development department believe the benefits of greater density for affordable housing outweigh the views of Red Mountain and of the park. The community needs affordable housing that does not contribute to sprawl and to the consumption of open space lands. This site is in downtown Aspen and should be developed with the goals of the AACP in mind. 6 Regular Meeting Aspen City Council June 12, 2000 Councilman Hershey asked about using spaces in the parking garage. Bendon said there are operational costs and loss of revenues if 6 spaces in the garage were to be used. Bendon noted the code requires one space per bedroom, which would be 9 spaces for this project. Staff felt that 6 spaces were sufficient given the location and that residents would only need a place to store their vehicles. There is a need for parking somewhere. Mitch Haas, representing the applicant, told Council this 6 unit project will be deed restricted to category 3 rental. The units will be sold to employers in Pitkin County. The deed restrictions will run with the land. Haas noted this is a 50 foot by 50 foot site and the first floor garage can only fit 6 spaces. Haas said the applicants have no problems moving the 4th floor unit to the center of the building. Haas said easements are needed so that there can be enough windows on the building. If the project is approved, the applicants would like flexibility to move the building in case the County Commissioners are not willing to grant an easement. Haas said they have heard the concerns of the library about blocking the view. The applicants are willing to cut out the 1 st floor provided they can purchase off-site parking at a negotiable price. Haas noted there is a surface parking lot to the north of the project and they could designate 6 spaces in there. Haas said if the parking is eliminated, the 1 st floor will be handicap accessible. Councilman Markalunas asked about putting the parking underground. Haas said the costs and unknown soil conditions made this difficult. Mayor Richards opened the public hearing. David Bentley said the long term of housing employees is a higher goal than the view. Having a building next to it does not diminish the value of the library. Charlie Tarver pointed out moving this parking to the garage is moving 6 other cars onto the streets and will put the supply of parking further behind. Tarver said he support the DRACO plan and urges Council to approve it. Bob Lewis said automobiles have denigrated the city and employee housing has become a sacred cow. Lewis urged Council not to allow this building to block the view from the library. People came to Aspen because they love the views. Barbara Stanford said the library makes a cultural statement with the Hotel Jerome and Courthouse. The library makes a statement about the 7 Regular Meeting Aspen City Council June 12, 2000 valley's lifestyle. Ms. Stanford said it should be up to employers to find places for their employees to live. Toni Kronberg said if this building goes up, Aspen will lose one of the most beautiful pieces of architecture in town. Martha Brauning said this building should not be allowed to exceed the height limit unless there is a more compelling reason than has been stated. Patrick Segal supports the DRACO project if the parking is elsewhere. Molly Ireland supports a lower building. Ms. Ireland asked if these units are sold, what is the safeguard they will be rented to employees. Mayor Richards said the deed restrictions have not been drafted but they will be recorded with the housing office. Marl Peyton said she was a P & Z member when the library was approved and there was a lot of discussion about making the building a focal point in the community. The design was altered to amplify the image of the building. Shellie Harper agreed the community spent a lot of time to make the library a building the community could be proud of. Ms. Harper said she is concerned about the effects of the DRACO building and urged Council to integrate the facade of this building with the design of the library. Margot Gubser asked why not 5 units on this space. Stone Davis, applicant, said 3 stories of building will still block the view. Marcia Goshorn said employers got together and made with proposal to build housing without a subsidy. This is not a dollar investment but is a way for the public to help house employees. Phil Overeynder noted there are difficult choices; choose a building that violates the design of the library; choose to support affordable housing; choose to put more cars into the neighborhood. Overeynder suggested a solution to meet the most objectives; putting the parking under the building in conjunction with the city's parking structure and lower the building. Janet Elder said emphasis should be given to tenants who do not have cars. Linda Carmichael said a room without a view is like a body without a soul. The library is the soul of Aspen. Ms. Carmichael said there are over 200,000 people who visit the library annually; most are awestruck by the beauty of the building. Souls need nature, not walls. John Kelleher said he is concerned about the height of the proposed building and about putting more cars into the neighborhood. 8 Regular Meeting Aspen City Council June 12, 2000 Elizabeth Bowles said she feels infill is important and is needed in this community; however, this is not a good in-fill project. Ms. Bowles said in- fill projects should be spread more throughout the community and not separate employees from employers. Ms. Bowles said this project only benefits 6 or 8 people. Kate said Council should think about the greater good of the community and not just 6 people. Tom Stoma said the library is part of the beauty of Aspen and he does not want to see it sullied in any way. Sven Alstrom said he does not feel this is a good example of in-fill and should not be given a height variance. This has more impact than just a simple variance. John Wheeler, architect for the library, read a letter from Sam Caudill stating he is opposed to this project. The library needs better neighbors. The library was an SPA and respected the height limitations. Wheeler noted the library needs northern exposure as the sun is too intense from the south and the west. The northern windows were a very important aspect of the design. Wayne Ethridge said people at this hearing are concerned about how governments treat local institution. Ethridge said if parking is the issue, this project should use the parking garage. Light is very important to the library; the parking should be moved. Ethridge agreed infill development is the right way to go with employee housing. Ethridge said the top story of this project should be eliminated to decrease the effect on the library. Kathy Chandler, Pitkin County Librarian, told Council this proposed project is just outside the main reading room of the library and will affect that activity greatly. Jon Busch said every affordable housing project in town is met with great objections from neighbors. The town is drying up and people are moving away and not living here. Busch supports this project and said the Council has got to take a stand and make this project work. Nancy Greenway, President Pitkin County Library Board, said they are more concerned about the light than the view. Ms. Greenway said this building should comply with the 25 foot height limitation. The library is an important civic space and should remain that way. Michael Behrendt said the parking should be underground and accessed through the parking garage. Behrendt said the building should reflect the library in design and the 4th floor should be eliminated. Jackie Kasabach said the city should not lose this project over 6 parking spaces. The applicant should be applauded for trying to provide housing in a town that 9 Regular Meeting Aspen City Council June 12, 2000 desparately needs it. Ms. Kasabach asked if the Community Bank building had to integrate with the library. Ms. Kasabach noted the library is not a historical structure and this is not a protected view plane. Ms. Kasabach said a lot of the light in the library is from the skylights. Phil Hobbs said he would rather see the building not block the view from the library. Walt Madden said Aspen should not be creating a Manhattan. Pat Hodgson said the city should not set a precedent and allow the height of this building to go to 39 feet. Bob Blaich, P & Z Chairman, said they wanted more density on this site. Blaich said people in this community are concerned about losing housing and a sense of community. Blaich noted not all windows will be affected by this building. Bert Mirin said he would rather see the property owned by employees who live here rather than purchased by employers. Helen Palmer told Council she is a library employee who lives in employee housing and who does not have a car. Andrew Kole suggested fewer, nicer units and a shorter building. Karen Blomquist said the height restrictions should be adhered to so that this area is not in complete shadow and icy all winter. Worcester entered into the record a packet of letters from the public regarding this issue. Councilman Markalunas commended the developers for involving the private sector. Councilman Markalunas said employers should provide housing for their employees. Councilman Markalunas said he feels light and view lift one's soul. Councilman Markalunas said people in Aspen do not have to have cars. Councilman Markalunas advocated car sharing, one or two cars for the project, perhaps an electric car. Councilman Markalunas said the developer should come up with a creative solution. Councilman Markalunas suggested staff explore underground parking in conjunction with the city's parking garage. Councilman Markalunas stated he does not support 4 stories as it is detrimental to the community. Councilman Markalunas noted the AACP points out employee housing is important to the community; however, quality of life issues are also important to the community. Councilman Markalunas said he will not support employee housing at the cost of light and quality of life. Tim Ware, parking department, told Council this is a commercial and service area and the lot north of this structure is heavily used and also used for special events. The primary function of the parking garage is a place for Aspen's visitors to park and not worry about their cars in the commercial 10 Regular Meeting Aspen City Council June 12, 2000 core. Ware told Council Benedict Commons parking garage is currently full. There could be 6 to 10 spaces open and available in the next 6 months. Ware said underground parking space cost about $45,000/space. Mayor Richards asked about building greater density on this site. Haas said the applicants have been told by the sewer district that they are at capacity and would have to do a major upgrade to include the Community Banks buiilding in order to increase density. Councilman McCabe said he is a proponent for affordable housing and feels this is a perfect location for an infill project. Councilman McCabe said 4 floors does block the view from the library; however, the reading seats at the library are not oriented toward the views. There are also large skylights in the library. Councilman McCabe supports this project and is willing to look at a one-bedroom unit on the top floor to lessen the impact on the view. Councilman Hershey said if the city cannot approve a 6 unit affordable housing project, soon there will be no one living in Aspen. Councilman Hershey agreed with redesigning the 4th floor or lowering the building by one floor to the lessen the impact. Councilman Hershey noted this is the type of project envisioned by the AACP. Councilman Hershey said if not here, where and if not now, when. Councilman McCabe said the city has been criticized for not creating any employee housing and this is an opportunity to take a step forward. Councilman Paulson showed a picture of the Burlingame Ranch and said the community is in danger of losing the view of the ranch. Councilman Paulson said he is concerned about forcing employee housing onto the valley's open space. Councilman Paulson said people talk about the interaction with nature. Councilman Paulson said he feels a view is worth a lot. Councilman Paulson said he supports this infill project with the parking and put units where the parking is. Mayor Richards said this project would solve 1% of the affordable housing problem. The community needs to find over 1,000 unit to solve the problem. Aspen is getting sprawl, the lack of affordability, and an empty town. Mayor Richards noted the average subsidy is $100,000 per bedroom and this applicant is making a $900,000 contribution toward the affordable housing program. Mayor Richards said for thousands of employees, their daily view is from a bus window. Mayor Richards said Aspen has to also maintain their economic sustainability. Mayor Richards said she supports 11 Regular Meeting Aspen City Council June 12, 2000 the project as presented and agrees with moving the 4th floor unit to allow as much view from the library as possible. Mayor Richards noted a significant building does not have to stand alone to be significant. Councilman Markalunas said he does not feel the applicant has made all attempts to solve the problem of the site and the view from the library. Councilman Markalunas said he feels the public deserves a well thought out solution for affordable housing and protection of the beautiful library edifice. Councilman Hershey moved to take a 15 minute break; seconded by Councilman McCabe. All in favor, motion carried. Councilman McCabe moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Haas said the applicants are willing to eliminate the parking garage and have off-site parking. There will be 1 two-bedroom and 1 one-bedroom unit on the first floor. This will result in 7 units and no parking on site and one less floor. The applicants can contribute $60,000 toward the parking solution. The applicants would like some design flexibility if Pitkin County is not willing to grant them an easement for the design of the windows. Haas told Council building subgrade parking is cost prohibitive. Councilman Markalunas suggested the city provide one space in the parking garage for a community car for this project. Mayor Richards suggested the employers who purchase these units provide parking for their employees. An alternative is the city would sell the project 4 spaces at Benedict Commons for $60,000 and the project would have to provide the other 2 spaces. The applicants agreed to pay $90,000 for 6 parking spaces at Benedict Commons. Mayor Richards moved to adopt Ordinance #15, Series of 2000, with the amendments that the 4th floor is eliminated; that Council grant the flexibility for the community development department staff to work with whatever requirements come forward from the county easement; the applicants are willing to purchase from the city 6 parking spaces at $15,000 when the city successfully completes the subdivision of Benedict Commons parking; seconded by Councilman Hershey. 12 Regular Meeting Aspen City Council June 12, 2000 Bendon pointed out this redesign will be 7 units. At the P & Z review, they wanted additional density on site and stated that the applicant would not have to go back through P & Z if they increased the density. Mayor Richards said the city is making a financial contribution to this project through the parking subsidy and should receive an interest in the project. Roll call vote; Councilmembers McCabe, yes; Paulson, yes; Markalunas, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #76~ SERIES OF 2000 - Sandunes LP Annexation John Worcester, city attorney, showed the area proposed to be annexed. Worcester told Council this went through a land use approval process in the county before it was determined to be partly in the city. This is a public hearing to determine whether the annexation complies with the state statutes. Worcester noted the public notice is in order, there is 1/6 contiguity, a community of interest exists between the property to be annexed and the city; all property owners have consented and this property is not more than 3 miles from the city boundaries. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman McCabe moved to adopt Resolution #76, Series of 2000; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #18~ SERIES OF 2000 - Code Amendment GMQS Affordable Housing Chris Bendon, community development department, told Council this code amendment lifts the annual cap of 43 units per year for the growth management quota system and reverts to 550 units overall. Bendon said Pitkin County has adopted this same system. Bendon said at first reading Council raised a question of how the COWOP fits within this. Bendon said the COWOP process is however Council structures it for a particular project. Bendon said in the future there may be an urban growth area with a review commission to look at development in the metro area. Another thought is to 13 Regular Meeting Aspen City Council June 12, 2000 allow this commission to look at what level of density may be appropriate for a particular project prior to a development going through a lot of review. Bendon told Council staff recommends the annual cap be lifted and there be an overall 550 unit cap. P & Z recommends keeping the 43 unit annual limit for common application and to allow COWOP and exceptional projects to have their quota come from the 550 unit cap and not the 43 annual units. This is an interim measure while work is being done to codify the AACP and resolve the annual allotment number and overall unit number. This is a joint process with Pitkin County. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman McCabe moved to adopt Ordinance #18, Series of 2000, as recommended by staff; seconded by Councilman Hershey. Councilman Paulson said the GMQS was designed for slow growth rather than inundating the market. Councilman Paulson asked how this amendment will help affordable housing mitigate its impacts and not have growth occur all at once. Bendon said this code amendment is in response to goals of the AACP to not have the 2% growth rate cap apply to affordable housing. Bendon said there will be criteria in the exemption of GMQS that will address phasing of projects. Councilman Markalunas agreed about impacts from construction if there is an excessive rate in one, two or three years. Roll call vote; Councilmembers Markalunas, no; Hershey, yes; Paulson, no; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #17~ SERIES OF 2000 - Temporary Stay on Demolition Permits of Inventory of Historic Structures Any Guthrie, community development department, told Council this ordinance is to delay any demolition permits for 27 buildings under consideration for update on the inventory of historic sites and structures. Ms. Guthrie reminded Council the inventory is reviewed and updated every 5 years. All 260 properties on the inventory are reviewed and new structures that may have historical significance or architectural merit are examined. Staff should have the new list ready for adoption in the fall. Staff would like 14 Regular Meeting Aspen City Council June 12, 2000 not to have the threat of demolition permits during this process. Councilman McCabe asked when staff creates a list of potential properties that they add the age of the building. Mayor Richards opened the public hearing. Gene Hyder, 320 Midland, said this has been his home for 25 years and hopes to live there another 25 years. Hyder said he feels being included on this list in inappropriate and would drastically reduce the value of his lot. Hyder told Council this is his only asset. Hyder protested his inclusion in this ordinance. Mayor Richards said this ordinance is not listing Hyder's property as historic but would prevent demolition while review occurs. Carol Blomquist said she would like to know more about the criteria of being included on the historic inventory. Fonda Patterson, Boomerang, asked if property owners have the right to choose whether they are historically designated or not. Ms. Guthrie said the city's ordinance does not require owner consent. Mayor Richards asked staff to spend time with concerned property owners going over the time line, the process, and the right to make a case why their structure does not qualify. Ms. Guthrie told Council 827 East Dean noted they did not want to be considered on the list and 301 North Street wrote indicating they would like to be included. Mayor Richards closed the public hearing. Councilman Hershey said he opposes this being done as an emergency ordinance. Councilman Hershey said structures of 40 years or less do not seem to be appropriate on the historic inventory. Councilman Hershey said because he is a supporter of individual property rights, he opposes this ordinance. Mayor Richards said this only has an impact on people planning to demolish their house in the next 4 months. Councilman Markalunas said while he can understand property owners concerns, there are many buildings in town that are gone because there was no protection of buildings either falling down from neglect or being demolished. 15 Regular Meeting Aspen City Council June 12, 2000 Councilman Markalunas moved to adopt Ordinance # 17, Series of 2000, on second reading; seconded by Councilman Paulson. Councilman McCabe said he would rather find ways to sweeten the experience of retaining structure or sites that are valuable to the community. John Worcester, city attorney, suggested amending the ordinance to allow anyone who wants to be relieved of this stay to appeal to Council so that Council can look at each of these on a case by case basis. Councilman Markalunas amended the motion to add a provision that anyone who would like relief from this has the right to appeal that decision to Council; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Hershey, no; Markalunas, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #20~ SERIES OF 2000 - Boomerang PUD and Rezoning John Worcester, city attorney, requested his statements with regard to the DRACO affordable housing and the Telluride case be incorporated into this discussion. Nick Lelack, community development department, told Council this is a request to expand the existing Boomerang lodge to a vacant parcel at the base of Shadow Mountain across the street from the lodge. Lelack said this will be 5 three-bedroom chalet lodge units of 2100 square feet each with a 700 square foot footprint. The last build contains two 700 square feet affordable housing units; 2 one-bedroom 950 square foot lodge units and a bath house. The proposal is for 7 new lodge units, 17 lodge bedrooms. There is no parking proposed on site. Lelack told Council P & Z approved the growth management exemption for lodge preservation and affordable housing. P & Z also approved a conditional use for affordable housing. The review for Council is rezoning from R-15, medium density residential, to R-15/PUD/LP overlay to allow the expansion of the lodge. Lelack told Council expansion of a lodge and affordable housing both meet the community's lodge preservation goals. Lelack said staff does have some concerns with affordable housing. One is that creation of the affordable housing units be assured. Another issue is 16 Regular Meeting Aspen City Council June 12, 2000 that the housing authority have some interest in the affordable units. Lelack said the concern about the trash dumpsters has been taken care of. Staff is still concerned about the building orientation and parking. Lelack told Council one of the PUD criteria for site design is that buildings be oriented to the street. This proposed plan is not oriented to the street but toward the mountain. This design mirrors part of the existing Boomerang lodge. Lelack told Council the land use code would require 13.9 parking spaces for this proposal. Lelack noted the applicants state the existing lodge has 27 parking spaces. Lelack pointed out 14 of these parking spaces are on the public right-of-way. The Boomerang is located near transit and they do provide a shuttle service. Lelack said staff would not like to see a wall of parking added to West Hopkins street. Staff is recommending 5 spaces on site; 2 would be for the affordable housing. Lelack said there appears to be no reason parking cannot be accommodated on site. Staff recommends the site plan be revised to include parking on site and to re-orient the buildings. Staff also recommends this be tabled until such site plan is received. Mitch Haas, representing the applicant, showed Council how the trash issue has been resolved. Haas pointed out the longest plane of each front chalet is parallel to the street; the front doors are visible from the street; each building has a walkway straight to the street. The main part of the Boomerang at Fourth and Hopkins is oriented the same way. Charlie Patterson, owner of the Boomerang, showed Council his original plan for the Boomerang, the diamond shape of the lodge and the expansion. Patterson said he has not found a practical solution for the parking on-site. Patterson said this lot is a transition from Shadow Mountain. Patterson said he has designed this site to retain as much of the natural feeling as possible with sage brush and wild grasses. Haas noted the buildings are also oriented to match the top of Shadow Mountain and mirror the topography of the site. The goal was to keep this low profile and to keep as much of the natural condition. Lelack told Council P & Z did not agree with staffs recommendation on the building orientation; they did agree about the parking. Haas noted the Boomerang does not draw outside clients for restaurants or for conventions. The Boomerang feels they already have ample parking; this weekend the lodge was full and the existing parking was 1/3 empty. 17 Regular Meeting Aspen City Council June 12, 2000 Haas noted the site is fairly constrained; the deepest portion of the lot is 80 feet and the shallowest is 50 feet. There is no alley access and no way to get to an alley. Haas said 55 percent open space is proposed; there are generous setbacks. The applicant is not maximizing density. The buildings are 23 feet; the zone would allow 25 feet. These are all trade offs for not having parking on site. There are several alternatives for trail location and the applicants support a trail in this area. The project has 270 lineal feet of street frontage. There are 34 parking spaces available on the street. Haas said not supplying on-site parking meets a goal of the AACP, to discourage every day use of the automobile. Sunny Vann, representing the applicant, suggested Council schedule a site visit. Cheryl Goldberg, adjacent neighbor, told Council during the summer there are cars parked all over this neighborhood including on people's lawns. Ms. Goldberg pointed out these chalets are proposed at 2100 square feet, which is very large for lodges. It is proposed these units be time shared. Martha Madsen, 608 West Hopkins, said her tenants park on her property. There will be a lot of building on West Hopkins soon; this is a very active street. All parking required should be put on site. Bob Blaich, P & Z Chair, told Council they were very positive about this project, except the parking. P & Z disagreed with staff about the orientation of the buildings. The design is appropriate for this site. Blaich said he would like to see the orientation allowed. Blaich encouraged Council to require parking on-site, perhaps with grasscrete. Steve Goldenberg, adjacent neighbor, noted the current R-15 zoning would only allow one house. This is a request for five 2100 square foot three-bedroom chalets. This will have a large impact on the environment and on the neighborhood. Councilman Hershey said he supports the orientation but would like to see parking on-site. Mayor Richards supports the orientation and would like to have a site visit. Mayor Richards agreed there should be more parking on site. Councilman McCabe said he does not like the building orientation and the parking needs to be on-site. Councilman McCabe said he would like some backup for the employee generation figures. Councilman McCabe moved to continue Ordinance #20, Series of 2000, to June 26; seconded by Councilman Hershey. 18 Regular Meeting Aspen City Council June 12, 2000 Councilman Paulson said he likes the orientation of the building and wants to make sure the trail is preserved. All in favor, motion carried. REQUEST FOR FUNDS - Wheeler Plumbing & Sewer Improvements Councilman Markalunas moved to approve the request for up to $18,000 for plumbing/sewer improvements from the Wheeler Asset Management fund; seconded by Councilman McCabe. All in favor, motion carried. Mayor Richards moved to continue the meeting to Tuesday, June 13 at 3 p.m.; seconded by Councilman Hershey. All in favor, with the exception of Councilman McCabe. Motion carried. Council left Chambers at 10:55 p.m. Kathryn S. Koch, City Clerk 19 Regular Meeting Aspen City Council June 12, 2000 PROCLAMATION - Michael Conviser ...................................................... 1 CITIZEN COMMENTS .............................................................................. 1 COUNCILMEMBER COMMENTS ........................................................... 1 CONSENT CALENDAR ............................................................................. 3 · Ordinance #21, 2000 Holy Cross PUD Rezoning ................................ 4 · Ordinance #22, 2000 Open Space Code Amendment .......................... 4 · Resolution #82, 2000 - Aspen Institute Banners .................................. 4 · Resolution #80, 2000 - Contract CDOT Overlay Main Street .............. 4 · Resolution #79, 2000 - Temporary Municipal Judge/Oates ................. 4 · Resolution #83, 2000 - Contract City Hall Air Conditioning ............... 4 · Resolution #81, 2000 - Contract Rio Grande Basketball Court & Trail Concrete ................................................................................................... 4 · Resolution #85, 2000 - Authorizing Expenditures of Funds from Renewable Energy Mitigation Program .................................................... 4 · Resolution #77, 2000 - Sale of Water Place Unit, Lot 23 ..................... 4 ORDINANCE #15, SERIES OF 2000 DRACO Affordable Housing ........... 4 RESOLUTION #76, SERIES OF 2000 - Sandunes LP Annexation ............ 13 ORDINANCE #18, SERIES OF 2000 - Code Amendment GMQS Affordable Housing .................................................................................... 13 ORDINANCE #17, SERIES OF 2000 - Temporary Stay on Demolition Permits of Inventory of Historic Structures ................................................. 14 ORDINANCE #20, SERIES OF 2000 - Boomerang PUD and Rezoning .... 16 REQUEST FOR FUNDS - Wheeler Plumbing & Sewer Improvements ..... 19 20