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HomeMy WebLinkAboutminutes.council.20010212Regular Meeting Aspen City Council February 12, 2001 Mayor Richards called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Markalunas, Hershey and McCabe present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor and Council presented outstanding employee bonus awards to Ron Ferguson, water department, for his work upgrading the pump system which resulted in savings to the city; to Linda Chi, streets department, for her contributions to the department during transition of department head; to Fred Jarman, community development department, for stepping in to historic preservation work and for initiating changes in the review process. Mayor and Council also presented a team award to the electric department, Martin Mendoza, Jinx Caparrella, Dave Cox and Ron Christian, for their work on the fiber optic undergrounding program. CITIZEN COMMENTS 1. Phoebe Ryerson told Council the intersection of Spring and Main is heavily used by both pedestrians and cars. The city should look at better signs, more enforcement, and perhaps a stoplight. Mayor Richards directed staff to look into this. 2. Kevin Wright, Department of Wildlife, noted last year was a banner year for bears and one month he received 185 calls relating to bears. Wright thanked Council for adopting the wildlife protection ordinance; Aspen and Snowmass are becoming leaders in the state on bear aspects. Wright said he appreciates Aspen's help in teaching people to co-exist with bears. Wright presented Council with a certification of appreciation for their invaluable support to the DOW. Wright also told Council without Brian Flynn's help, this would not have been possible. Wright presented Flynn, the city's environmental ranger, with a certificate of appreciation. Flynn thanked Council for their help in getting the wildlife protection ordinance passed. COUNCILMEMBER COMMENTS 1. Mayor Richards announced Senator Wayne Allard will host a town meeting in City Council Chambers, March 3 at 3:30 p.m. 2. Councilman Paulson moved to add to the consent calendar a donation of $500 from Council contingency for a bench in memory of Stephan 1 Regular Meeting Aspen City Council February 12, 2001 Albouy in the Molly Gibson park; seconded by Councilman Hershey. All in favor, motion carried. 3. Councilman Paulson said President Bush has made statement about changing the environmental legislation dealing with diesel fuel. Councilman Paulson requested Council write a letter asking him to rethink this. 4. Councilman Hershey announced this Saturday is Aspen's high school homecoming basketball games; 4 p.m. girls, 5:30 boys. 5. Councilman McCabe reminded everyone of KAJX's pledge week. KAJX is the local public radio station and is worthy of support. nd 6. Councilman Markalunas reminded everyone today is the 192 birthday of Abraham Lincoln. The city will celebrate President's day next week and Councilman Markalunas encouraged everyone to reflect on what US Presidents have done for this country. 7. Councilman Markalunas announced he has decided not to seek a second term on Council. Councilman Markalunas said it was not an easy decision as there are many tasks left undone; however, sitting on Council would require more time than he will be able to contribute. Councilman Markalunas said he is looking forward to more time to travel and to spend with his family. Councilman Markalunas stated his love for Aspen has never diminished, in spite of all the changes. Councilman Markalunas encouraged everyone to work together to restore civility, respect, vitality and tranquility to the community. The next City Council must show leadership and vision in a spirit of working together toward solving many problems. Councilman Markalunas thanked everyone for giving him the opportunity to serve as Councilperson for four years. 8. Councilman McCabe requested VI(e) Ordinance #5, Corbin/Burrows Lot Split be taken off the consent agenda. CONSENT CALENDAR Councilman McCabe moved to read Ordinances #7 and 8, Series of 2000; seconded by Councilman Hershey. All in favor, motion carried. 2 Regular Meeting Aspen City Council February 12, 2001 ORDINANCE NO. 7 Series of 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 23.32.060(a), 23.32.060(c), and 23.32.070(a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPOSE A NEW 0.5% SALES TAX FOR PARKS AND OPEN SPACE PURPOSES. ORDINANCE NO. 8 SERIES OF 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY REPEALING SECTION 24.04.130 IN ITS ENTIRETY AND BY REENACTING SECTION 24.04.130, ENTITLED “JURISDICTION OF COURTS OVER VIOLATIONS,” THEREBY RE-ADOPTING EXISTING LANGUAGE AND ADOPTING A PROVISION ELIMINATING THE RIGHT TO A JURY TRIAL IN TRAFFIC AND PARKING CASES. Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. Councilman Paulson asked when the Burlingame free market lot sells, is there a cap on the allowable floor area ratio. Staff answered there is a cap between 5,000 and 7,000 square feet. Councilman Paulson asked if there is a constitutional right to a jury trial. John Worcester, city attorney, said only if there is a chance of the person going to jail. This would eliminate only the jury trial for traffic and parking cases. The consent calendar is: 3 Regular Meeting Aspen City Council February 12, 2001 · Resolution #15, 2001 - Collection Service Agreement Truscott with Sanitation District · Resolution #16, 2001 - Petition to Include Iselin in Sanitation District · Resolution #17, 2001 - Contract to sell Burlingame Ranch Free Market Lot · Resolution #18, 2001 - Contract Wagner Equipment Cat Excavator · Ordinance #8, 2001 - Code Amendment - Eliminating Jury Trial for Traffic Cases · Ordinance #7, 2001 - Code Amendment - 1/2 cent Parks/Open Space Sales Tax · Request for Funds - $500 contribution from Council contingency to Bench at Molly Gibson Park for Stephan Albouy · Minutes - January 22, 2001 Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE # 5, 2001 - Corbin/Burrows 616 W. Smuggler Landmark/Lot Split Councilman Hershey moved to read Ordinance #5, Series of 2000; seconded by Councilman McCabe. ORDINANCE NO. 5, SERIES OF 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN APPLICATION FOR A HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT, AND PLAT VACATION FOR A PROPERTY LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH STREETS, LOTS Q, R, AND S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO 4 Regular Meeting Aspen City Council February 12, 2001 Councilman McCabe noted there are two encroachments in this application, one for a fence along Fifth street and one for a shed. Councilman McCabe suggested when applications come before Council that contain existing encroachments that the applicants be required to remove these encroachments. Fred Jarman, community development department, passed out pictures of the two existing encroachments. Jarman said this is a proposed lot split of Lots Q, 3,000 square feet and lots R and S, 6,000 square feet, into two 4500 square foot lots. The fence comes out 2 feet into the Smuggler right-of-way and the shed extends about 6" into the alley. Jarman suggested the applicants enter into a standard encroachment agreement so that they are aware these encroachments are revocable with 30 day notice from the city. Mitch Haas, representing the applicants, told Council it is the owner's intent to remove the shed. The fence, which has been there for 20 years, will be left where it is. John Worcester, city attorney, said when and if this property is redeveloped, the city can require the fence to be removed to the property line. Councilman Markalunas said he would like clarification from the city's historic preservation officer on the panabode in reference to other panabodes in the city and why she feels this one is not historic. Councilman Markalunas said he is concerned about the impact of development on the Victorian on lot Q. Things should be done to protect this building. Mayor Richards said the encroachments are not an issue for her. The fence has been there 20 years and is not interfering with the city's ability to maintain the streets or the ditches. Relocating the fence may cost thousands of dollars for no community gain. Councilman Markalunas agreed with having the encroachments rectified if and when there is development on lots R and S. Councilman Markalunas moved to adopt Ordinance #5, Series of 2001, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. 5 Regular Meeting Aspen City Council February 12, 2001 ORDINANCES #44 AND #48, SERIES OF 2000 - Petrick Annexation and Rezoning Councilman Hershey moved to continue Ordinances #44 and #48, Series of 2000, to April 10; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #19, SERIES OF 2001 - New West Hopkins Conceptual PUD Nick Lelack, community development department, outlined the PUD process. There have been 2 meetings before P&Z, although these were not noticed public hearings. This project has also gone to the housing board since it contains an affordable housing component. This is the first noticed public hearing. The project will also go back to P&Z and Council for final PUD approval. Lelack showed Council where the site is, surrounding uses of Boomerang lodge and proposed expansion, the Christiana lodge, Madsen apartments and where the slopes of Shadow Mountain are. Lelack said one issue with P&Z was the site access. The applicant has proposed an access that is not directly in line with Fifth street but to the east of the property line. The engineering department has said the access needs to be directly in line with Fifth street because more than 5 residential units will be served. Lelack told Council community development department does not feel strongly about that issue and there may be an opportunity to share an access with the Boomerang lodge expansion. P&Z and staff suggest this be approved with shared access. The second issue is whether or not this is an exceptional project. Lelack pointed out the land use code requires affordable housing projects to provide a minimum 70% of the total number of bedrooms be deed restricted unless it is found this is an "exceptional project". To be exceptional, a project must meet a list of criteria provided by the housing office. Lelack told Council the proposal is 22 affordable housing bedrooms and 14 free market units, which is a 61/39 split. Lelack said the proposal is for 15 residential units; 11 deed restricted housing units on the front of the property, and 4 free market units on the rear of the property. The property is currently zoned R-15 which would allow a 6 Regular Meeting Aspen City Council February 12, 2001 duplex with 2 ADUs. Lelack said this lot is 53,000 square feet with steep slopes, which reduces density by over half. This would allow 26,000 square feet for density purposes. According to the land use code, the applicants would need about 14,000 square feet for their proposal. Staff believes the proposed density meets the AACP which states, "to conserve resources, an Aspen growth boundary has been identified. The city agrees to accept greater density within the boundary". Lelack said this parcel has not been designated anything that would preclude it from being used for development. Lelack said the proposed density is appropriate and is compatible with the neighborhood. Lelack told Council the applicant has not provided a traffic study for this project, which would be a condition of approval if this resolution is adopted. Lelack said this project will probably generate 60 to 120 automobile trips/day. Lelack said this is a negligible impact on the neighborhood because of the proximity to town, transit and trails. Lelack said the issue of trail connections, there is a highly used trail coming across the back of the Boomerang expansion site that terminates on West Hopkins Avenue. The applicant proposes to bring this trail down to Hopkins through the two properties. There could be a trail across the property higher up on the slope. The applicant is working with city parks department on this issue. The parks department feels this can be conceptually approved. The size, scale, mass and volume of the project, Lelack told Council the R- 15 zone district would allow about 8,000 square feet of floor area. The AH/PUD zone would allow 34,000 square feet of floor area. The applicant proposes 27,000 square feet of above grade space, of this 10,700 is affordable housing and 16,500 is for the free market component. Lelack told Council R-15 zone district has a maximum allowable height of 25 feet. The applicant proposes for the structures on West Hopkins avenue to be 21 feet to a flat roof; the structure behind that is 25 feet; the free market building farthest back on the property would be 32 feet from grade to the top of the flat roof. Lelack said based on other developments, this appears compatible. Lelack said the Colorado Midland right-of-way is not on the city's inventory of historic sites and structures. This was considered during the 1995 update; 7 Regular Meeting Aspen City Council February 12, 2001 however, Council did not act upon this because the integrity of the right-of- way was not in tact. Lelack told Council the applicants are proposing 23 outside parking spaces; 15 for the affordable housing units and 8 for the free market units. The applicant discussed with P&Z an extra parking area to accommodate on-site parking on the east side of the lot. This is not part of the formal proposal. Lelack told Council staff feels the proposed site plan is appropriate. The applicants have submitted a petition for annexation, which will be considered at final review along with rezoning and subdivision. Lelack pointed out one remaining issue is the rock fall hazard. One condition of approval is that the applicant complete a geologic hazard study and submit it to staff. Lelack said this report could dictate development at the rear of the site. There may be slope mitigation measures that will be required. These will be considered at final review. Lelack said this proposal meets several city goals; to provide density within the community growth boundary and to provide affordable housing units within the metro area. Staff recommends approval. Joe Wells, representing the applicants, introduced Peter Gluck and Charlie Kaplan, owners of the project as well as architects and builders of the project. Wells pointed out this is made up of 3 parcels under 3 separate ownerships; two of these parcels are out of the city. Wells said this historically is a working class neighborhood. Wells reminded Council this site was applied for an affordable housing project by Glendenning 5 or 6 years ago. There are 15 covered parking spaces for the affordable housing units and 8 covered parking spaces for the free market units. Wells said the units range between categories 1 and 4; there are no RO units in this project. Wells said this site is a good one for affordable housing; it is close to town; it is served by mass transit; it backs up on Shadow Mountain and does not stick out. Peter Gluck, applicant, showed a model of the conceptual design of this project. Gluck pointed out the front building with a 21 foot roof to respect the street; the buildings step up as the land does. This is a perfect site to accommodate both free market and affordable housing. There are 4 free market units at the top of the site. Charlie Kaplan noted the parking is 8 Regular Meeting Aspen City Council February 12, 2001 underneath the units. Councilman Markalunas said he would like to see one space saved for a car shared car. Mayor Richards said she would like to see this with the larger context map of the trail system in this area to see how all the different pieces fit together. Mayor Richards opened the public hearing. Martha Madsen asked about hazards of disturbing the mine tailings. Lelack said this question will be answered in the geological hazards report. Ms. Madsen said a previous owner stopped their project because of conflicting ownership reports of the mine, the mine tailings and the property. Mayor Richards asked if staff has copies of reports on testing of this area. Ms. Madsen said this is a heavily used pedestrian area and she would not like to see it disturbed. John Kelly, representing Shadow Mountain Corporation, said his client is concerned about increased density in this proposal. Council should keep in mind the proposal is 3 or 4 times over current zoning. The height on the back of the property is 5 feet over what is allowed. Kelly said another concern is parking; all parking should be absorbed on site. More and more th parking is occurring on the street. The West Hopkins and 7 and Main project are both underparked and residents park on the street. Kelly noted that the higher density uses in this area all occur on the north side of Hopkins, not the south side. Fonda Patterson, neighbor, told Council a previous owner reconfigured the land and brought in topsoil. There should be sub-soil testing for mine tailings. Mary Ellen Sheridan said this area is widely used for recreation by both residents and hikers. Matt Mays said it would be a nice site for affordable housing, people can walk to work. Everyone wants affordable housing. Councilman Hershey noted West Hopkins is part of downtown Aspen and is a great location for affordable housing. Councilman Hershey moved to adopt Resolution #19, Series of 2001; seconded by Councilman McCabe. Mayor Richards said she is concerned about mass of the free market units; it seems very large. Mayor Richards said there is some price to pay for affordable housing units. Mayor Richards asked if the applicants could 9 Regular Meeting Aspen City Council February 12, 2001 reduce the number of both the free market and affordable units. Mayor Richards said she would prefer to have a site visit before voting on this project. Mayor Richards said is concerned about development moving up the mountain. Councilman Markalunas said his concern is the number of vehicles for the units. Councilman Markalunas said he would like to see an increased number of parking spaces on site. Councilman Markalunas commended the applicants for the ratio of housing units to free market units. Councilman McCabe said he likes this project, likes the fact the parking is on site, likes the energy efficiency devices. Councilman McCabe said it seems with this backdrop, going higher up the mountain could be a possibility. Councilman Paulson said part of the reason for living in Aspen is sharing the natural beauty. Councilman Paulson said he, too, would like to see a smaller project. Councilman Paulson said he would like to be able to cross country ski from the Marolt Bridge to the Koch lumber parcel and would like to see how that would work. Councilman Hershey said is exactly the kind of project the city needs. Mayor Richards said it is difficult to compare a duplex with 2 ADUs to a project with 15 units. Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Markalunas, yes; Hershey, yes; Mayor Richards, no. Motion carried. Mayor Richards said she would like to have a site visit and to look at the parking on-site before she votes on this project. Councilman Paulson moved to reconsider the previous vote; seconded by Mayor Richards. Roll call vote; Councilmembers Hershey, no; McCabe, no; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. Councilman Paulson said he would like to have a site visit before he votes conceptually on this project. Councilman Hershey moved to approve Resolution #19, Series of 2001; seconded by Councilman McCabe. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Paulson, no; Hershey, yes; Mayor Richards, yes. Motion carried. 10 Regular Meeting Aspen City Council February 12, 2001 RESOLUTION #20, SERIES OF 2001 - Savanah Barbee Conceptual PUD Nick Lelack, community development department, told Council this is a conceptual PUD for 3 properties. Lelack pointed out there is an existing multi-family dwelling, the Mine Dump apartments on one of the parcels. Lelack reminded Council the city has a resident multi-family replacement program, which requires replacement of 50% of the bedrooms and 50% of the above grade square footage. The Mine Dumps contains 16 residential units with 23 bedrooms and 7,700 square feet. The resident multi-family program does not have a requirement for the number of bedrooms to be replaced. The applicant proposes to put 5 units back on site as deed restricted affordable housing containing 13 bedrooms. The replacement program requirement is 12 deed restricted bedrooms in 3,800 square feet. The applicant proposes about 6,000 square feet of affordable housing units on site. Lelack showed the site surrounding this property, most of which is zoned L/TR. The Mine Dumps parcels is zoned L/TR and the applicants are proposing rezoning the other two sites L/TR. Lelack pointed out the middle parcel, zoned R-15, and is next to the Juan street affordable housing project. Lelack told Council the applicants are requesting a PUD overlay as they have 16 free market unit credits from the Mine Dumps. A PUD allows the use of these development rights on different parcels. The applicants propose to demolish the Mine Dump apartments, construct 6 free market units along South Aspen street and 5 affordable housing units; the parking lot parcel will have 3 free market units along South Aspen street and 3 affordable housing units; the Barbee parcel will contain 5 free market units and 9 affordable housing units. The proposal is for a total of 31 units; 17 affordable and 14 free market units. The applicants propose to use their development rights across 3 parcels. The applicants are providing the required affordable housing on the Mine Dump parcel and adding additional affordable housing unit on the other two parcels. Lelack told Council the density in the L/TR zone is determined by bedrooms, not number of units. The requirement is 1,000 square feet of lot area/bedroom. On these parcels there will be slope reduction, which affects the lot size and the density. The Barbee parcel is 37,000 square feet and the proposal would require 35,000 square feet for 35 bedrooms. The density on the Barbee parcel is under what would be allowed. On the parking lot parcel there is 15,800 square feet and the proposal is for 15 bedrooms. The Mine 11 Regular Meeting Aspen City Council February 12, 2001 Dumps parcel is 36,000 square feet and the proposal is 32 bedrooms, under the maximum density. Lelack noted this parcel is not identified as a key open space parcel in the AACP report. Lelack told Council the Barbee parcel is 42,800 square feet and proposes 14 units. Lift One has 31 residential units; the Timberridge has 20 units - a total of 51 units on a parcel smaller than the Barbee. The Southpoint condominiums has 29 units; Juan street affordable housing has 7 units; the Shadow Mountain condominiums has 20 units. Lelack said this proposal seems appropriate for the sites and the neighborhood. Lelack said this project could generate up to 136 car trips/day, 83 of which would be on South Aspen street and the remainder on other side streets. Lelack said staff believes this increase in traffic would cause a significant number of trips and resultant pollution. The only traffic mitigation measure proposed is to build sidewalks and that would not be adequate enough to mitigate the increase in traffic. The staff feels the applicant should provide a combination of traffic mitigation incentives. Lelack said 83 additional automobile trips on South Aspen street would void the city's 15 year warranty on the new asphalt. The streets department suggests the applicant provide some mitigation for these impacts on South Aspen and for causing a revocation of that warranty. Another issue is the Dean access to parcel 1. Lelack showed the access and told Council this access is currently used by Timberidge condominiums for parking, landscaping and post boxes. The Timberidge has insufficient parking and they use this area for additional parking. Staff recommends that the applicant and the Timberidge condominium association see if both uses can be accommodated. The applicants are not planning on using Dean Street access for parking. The applicant is not requesting any variances on parking and is providing that what is required in the land use code. Lelack told Council parcel 1 is currently used by the Aspen Skiing Company who has a 99 year lease for 30 parking spaces. The applicant proposes to underground these 30 spaces plus 3 spaces for affordable housing units. Staff has no trail plans across these 3 parcels. Lelack said the existing zoning for these 3 parcels, with no changes, would allow 76,000 square feet 12 Regular Meeting Aspen City Council February 12, 2001 of floor area. If the rezoning were approved, the allowed floor area would be 88,000 square feet. The applicants propose a total of 72,000 square feet. The maximum height allowed in the L/TR zone is 28 feet, which is the proposal for the free market townhouses. The affordable housing units will be 26 feet. Lelack noted there is a restriction on the height of the affordable housing units on lot 1 that the units not measure greater than 16 feet from Juan street. Lelack said both the floor area and the proposed heights are appropriate for the neighborhood. Lelack said the proposed site plan preserves to the greatest extent possible the view planes from Lift One and the Timberidge. The free market units are pushed towards the south of the property, which provides a buffer on the lowest parcel. Mayor Richards said she feels a site visit is in order before Council votes on this proposal. Lelack showed where there is a covenant that no development can occur on parcel 1 because of the Barbee view plane. Lelack told Council P&Z and the housing board both recommended approval of this project. There will be a mix of category units and a variety of 1, 2, and 3 bedrooms in the affordable housing units. The applicant proposes a park near the Juan street affordable housing units. Lelack said staff believes the site plan is appropriate for the site. It is a location close to downtown. The parking is all accommodated on site. Sunny Vann, representing the applicant, reiterated there are 3 separate and distinct sites proposed to be developed as one PUD. All of the parcels are separated by platted rights-of-way. The eastern end of Dean Avenue was titled to Life One condominiums and portions of the building have been constructed in the right-of-way. The western end of Dean street remains a public, platted street currently used by the Timberridge condominiums. Vann said there is a single family residence and the Mine Dumps on these parcels. The resident multi-family replacement applies only to the Mine Dumps and to the 16 multi-family units. There are 2 additional units that are not multi-family and the small dwelling. This gives the applicant a total of 19 units of reconstruction credits. Mayor Richards asked if there are any examples in the city where demolition reconstruction credits have been used 13 Regular Meeting Aspen City Council February 12, 2001 off the original site. Vann said the Aspen Mountain PUD had credits being used throughout the PUD in Galena Place, Summit Place and Lot 3. Vann told Council the parcels are devoid of significant vegetation where the development is proposed. There are some cottonwoods and large evergreens, which will be preserved. Vann noted the 12 additional affordable housing units are not required. Vann pointed out this amount of housing is what would be required on parcels 1 and 2 if they were developed through a residential GMQS application. Vann said the affordable housing units were originally proposed at category 2 as housing provided under the replacement program must average category 2. Housing provided under GMQS must also average category 2. Vann said for simplicity, they proposed the affordable housing at category 2. Vann said in the final proposal they will provide a mix to meet the housing board's recommendation but will average no greater than category 2. Vann showed the site plan and the proposed accesses. Parking for the free market units on each parcel will be in an in-house 2 car garage. Parking for the affordable housing units on parcel 1 is surface and accessed through the Dean Avenue right-of-way. Parking for parcel 2 affordable housing is a mix of below and above grade. The access for the underground parking garage is through a single curb cut on Juan street. The parking for the affordable housing units on parcel 3 is in a subgrade garage. No variances for parking are requested. Vann told Council there are no variances from the underlying zone district requirements in the L/TR zone district. The project is below maximum allowable density, below maximum allowable floor area, meets the floor area requirements, complies with the height limitations, complies with the parking requirements, the open space exceeds the minimum requirement for the zone district. Vann said the project is designed so that each parcel stands on its own; FAR has not been transferred from parcel to parcel and each parcel meets all the underlying requirements of the zone district. The projects exceeds the 50% minimum replacement program and meets the affordable housing requirement as if there were no development rights for parcels 1 and 2. Vann said the maintenance for Aspen street is based on its current traffic count, not on its capacity. Vann said the applicants will have to address the maintenance issue. Vann said the applicants will work with staff to satisfy 14 Regular Meeting Aspen City Council February 12, 2001 concerns on PM10. Vann pointed out the buildings on parcel 1 are surrounded on 3 sides by streets. The fire department may want to circulate through the project, and the applicants can accommodate that. Vann proposed this project use 24 feet of the 50 foot Dean Avenue right-of- way for two-way access into the parking. This right-of-way is not used as a through street and if it were vacated, half would go to each property owner. Vann pointed out the design tries to be as sensitive to the Lift One condominiums ; the buildings have been pushed as far to the street as possible to create a buffer. Vann said Lift One built in the vacated right-of- way, which has brought their buildings closer to this parcel. Vann showed a perspective of the view lines. Augie Reno, architect, showed the proposed design of the free market and affordable units, the type of exterior materials that will be used, how the buildings step up the slopes. Reno showed how the vista of Aspen Mountain will still be able to be seen from Lift One. John Sarpa, representing the applicant, said this is a good project; a good balance between open space and density. Mayor Richards opened the public hearing. Mary Ellen Sheridan, Lift One resident, stated she is opposed to the project because of density, because of increased traffic and the safety issue. Ms. Sheridan said she does not feel the terms of the land use code have been met with the proposed height, density and traffic. This area is sparsely populated with a lot of open space. Ms. Sheridan entered a letter into the record. This project will significantly change the character of the neighborhood and the quality of life for the residents. Aggie Steiner, Lift One owner, said her units will look onto the garages. Ms. Steiner said she is concerned about visual impact, safety and the amount of traffic. Ms. Steiner said part of parcel 1 should be looked at by the Historical Society. Mayor Richards asked staff to get some idea from RFTA the amount of bus traffic going in front of Lift One. Gail Waldron, Timberridge, said most of the impacts on parcel 1 are in front of the Timberridge and there is no relief from the visual, parking or traffic impacts. Ms. Waldron pointed out the Barbee parcel to the west will be developed soon. Ms. Waldron said there should be more creativity used for 15 Regular Meeting Aspen City Council February 12, 2001 the parking arrangements and more underground parking for parcel 1. Ms. Waldron suggested flipping the site design so that the affordable housing is on the Lift One side of the parcel. This may work better for everyone. Dr. David Mulkie, Lift One, said the parking is a concern because spaces are at the premium in this area. Mulkie said the applicants should provide adequate parking so the impacts do not spill over to the street. Mack Boehlen asked if this is the highest and best use for this land. Boehlen said the city has an opportunity to do something at the base of the mountain that will be a legacy to the city. This could be the site of a ski museum. Derrick Johnson, Juan street resident, said the city desperately needs places for employees in Aspen to live. Johnson pointed out the distance between his unit at Juan street and parcel 2 should be looked at. Employee housing is vital to this community but their quality of life should be protected also. Dave Ellis, Timberridge condominiums, said he met with the applicant on site and some of the Timberridge's concerns could be met. Ellis said if the city approves the use of Dean street as a public access, there needs to be some consideration for maintenance. There are problems in this area with on street parking; parking has been eliminated over the years rather than increased. There have been a number of projects approved in the area. Mayor Richards asked staff for a inventory of on-street parking in the area. Charles Wolfe said he is concerned over traffic and that there is not enough street parking in the neighborhood. The Dean Avenue access problem needs to be solved. Laura Mulkie, Lift One condominiums, said when they visit, they do not use their car. Ms. Mulkie said parking is becoming more and more of an issue. Ms. Mulkie suggested a remote parking area for car storage for visitors who do not need their cars daily. Patti Simpson pointed out that Aspen street is very dangerous and this will be adding more cars to the area. Ms. Waldron said Council should investigate preserving some of this land as green space. Mayor Richards closed the public hearing. Mayor Richards said she is concerned about the entrance of the parking garage on Juan street and suggested it might be moved to South Aspen street. Mayor Richards said she is concerned about the traffic that will be generated by the project. Mayor Richards noted this is one of the last sites available to rebuild the bed base at the bottom of Aspen Mountain. The site 16 Regular Meeting Aspen City Council February 12, 2001 is close to the lifts. This has been a lodging neighborhood for a long time. Mayor Richards requested staff look at the development scenarios of the parcels if they were redeveloped individually. Mayor Richards noted if this went through growth management competition, there are only 3 or 4 free market units available annually. This is not a 60/40 affordable housing project. The free market units are close to 4,000 square feet and the affordable housing units average 1,000 square feet. If the redevelopment of the Mine Dumps occurred on that parcel, the free market units would be smaller. This project contains 52,000 square feet of free market space with only 20,000 square feet of affordable housing and may not be a good deal for the city. Mayor Richards agreed that the majority of the impacts have been shifted to the north end of the project. Mayor Richards said the community has had to continue to face the Grand Aspen PUD and the on- going development credits. Mayor Richards also asked about the drainage issues with the increase in asphalt on these parcels. Councilman Hershey said if people can be housed here, the project is close to downtown and residents would not have to drive causing less traffic. Councilman Hershey pointed out this area is surrounded by National Forest land. This is privately owned land; it is not open space. Councilman Hershey said he would like a site visit as he is not familiar with this area. Councilman Paulson said he shares concerns over what is being lost versus what the community is gaining. Councilman Paulson said he would like to see more affordable units in this project. Councilman McCabe asked how many units are handicap accessible. Vann said they will comply with ADA requirement. Reno said 10 out of the 17 affordable units are on the first level. Councilman McCabe asked how the homeowner's association will work. Vann said they envision that the affordable housing units will be rental and the free market units will be the homeowner's association and will own the affordable housing unit in fee title. Councilman McCabe said he would like to see the snow dump plan that it does not look like there is enough room to pile up all the snow that has been plowed. Councilman McCabe agreed this site may be more appropriate for lodging. Councilman McCabe said it seems to be a waste of space to have empty free market units on this parcel. 17 Regular Meeting Aspen City Council February 12, 2001 Councilman Markalunas asked about the small building on parcel 1. Vann said this is not on the historic inventory. Councilman Markalunas agreed with staff that the applicants have not done enough mitigation for vehicle trips and a more positive plan is needed. Councilman Markalunas said he would like to see a parking space reserved for a "shared vehicle" in this project. Councilman McCabe asked for an inventory of on-site parking for the other condominiums in this area, like Timberridge and Lift One. Councilman McCabe suggested there may be a way for everyone to work cooperatively and fund a more creative parking solution. Councilman Hershey moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Mayor Richards moved to continue Resolution #20, Series of 2001, to th March 26 and to have a site visit before that meeting; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #1, SERIES OF 2001 - Council Compensation John Worcester, city attorney, presented Council with an amended version of this ordinance that clarifies that the increase in compensation does not include a stipend equal to the cost of the health insurance benefits authorized for city employees, provided that stipend is used to purchase health insurance and that the stipend does not exceed the cost of the same kind of insurance for city employees. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Hershey moved to adopt Ordinance #1, Series of 2001, as amended, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE #2, SERIES OF 2001 - Code Amendment Wildlife Protection Brian Flynn, environmental ranger, told Council these amendments tighten up the current code provisions. One amendment is to remove the 7-day a week pickup exemption. Flynn said another amendment is to eliminate the 18 Regular Meeting Aspen City Council February 12, 2001 effective dates because this should apply to all wildlife, not just bears. Flynn said with experience, staff has a good idea of what is bear proof and what is not. Staff has written guidelines and this ordinance incorporates those guidelines. Flynn noted that any trash hauler that provides containers shall only provide wildlife resistant containers. Flynn said if trash companies do not provide wildlife resistant trash containers within a certain time, they, too, can be fined. Flynn told Council the staff will continue with education program. The city is putting on a bear awareness week with the Department of Wildlife. Councilman McCabe suggested the guidelines be amended to allow brick and stone trash enclosures. Flynn agreed. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman McCabe moved to adopt Ordinance #2, Series of 2001, on second reading, amending it to allow stone or brick to be used in trash enclosures; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; Paulson, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #3, SERIES OF 2001 - Campaign Spending Laws John Worcester, city attorney, told Council this code amendment increases the limits on contributions to a candidate's campaign from $100 to $200. Worcester said at the last meeting, he went over the justification for the increase to $250. Council indicated they wanted this analysis done for $200/contributor. Worcester pointed out in Councilmembers Hershey and McCabe's campaign in 1999 $250 represented 7% of their total expenditures and $200 is about 6%. Worcester said Councilman Paulson suggested an inflation increase be added to the ordinance. Worcester pointed out he put in the whereas a clause urging future City Councils to periodically review the contribution limit. Councilman Markalunas moved to adopt Ordinance #3, Series of 2001, amending it to make the campaign contribution limit $250/person; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; Paulson, no; Markalunas, yes; McCabe, yes; Mayor Richards, no. Motion carried. 19 Regular Meeting Aspen City Council February 12, 2001 ORDINANCE #4, SERIES OF 2001 - Water Service Agreement Urschel Phil Overeynder, water department, reminded Council when this project was before them in 1999, water service was denied. The issue at that time was the amount of city water availability. Overeynder said the city was looking at 1300 new affordable housing units. The availability study had not been done, and staff was concerned about ability to serve water to these units. The water supply availability study has been redone and it shows because of efficiencies in the water system, water consumption has dropped and there is water available. Overeynder said staff looked at the alternative for this project, an independent water system. This would be more damaging to the city's water rights than serving this project. Overeynder said the water service agreement addresses the criteria of the city's water extension resolution. John Worcester, city attorney, noted a change in the annexation paragraph, which states that Pitkin County approvals are acknowledged and approved by the city. Worcester said this property is not within the area the city would be annexing. Mayor Richards asked if the city's water availability study takes into account that most of the Cemetery Lane is zoned for duplexes and could be turned into duplexes. Overeynder said when the water availability study was done, staff looked at projections and a vast majority of increases in capacity are from tearing down structures and rebuilding them. This is over 50% of the permits issued. The water demand from service outside the city is small in comparison. Mayor Richards asked how the city would be protected against landscaping outside an approved, stated envelope; can the city shut the water off if that happens or would there be on-going daily fines. Overeynder pointed out this agreement limits the landscaping to 10,000 square feet/lot. Overeynder said in other cases, the remedy is to terminate the water service agreement and shut the water off. Councilman McCabe asked if an enforcement mechanism would be to have people pay for 10 year use up front based on a budget for a particular parcel. If the budget is exceeded, a fine schedule would be put into effect. Overeynder said the rate structure is set up so that beyond 30,000 gallons, 20 Regular Meeting Aspen City Council February 12, 2001 the costs go up. The more connections one has, the largest the rate goes up 2 or 3 times the normal rate for excess usage. Mayor Richards asked if there are defined areas of irrigation on these lots, like an irrigation envelope, surrounding the house site. Sarah Dunn, representing the applicant, told Council this is part of the resolution of approval by Pitkin County. Mayor Richards asked how much land this will be. Overeynder said this is for 10,000 square feet surrounding the building envelope. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Mayor Richards moved to adopt Ordinance #4, Series of 2001, amending it to create an additional enforcement mechanism other than turning off the water should the city find there to be violations on the irrigation sites that is acceptable to the applicant and to the city attorney and to also include the amendment to the annexation paragraph; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Richards, yes. Motion carried. Mayor Richards moved to suspend the rules and extend the meeting until 10:20 p.m.; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #6, SERIES OF 2001 - Iselin Park Conceptual and Final PUD Councilman Markalunas moved to read Ordinance #6, Series of 2001; seconded by Councilman Hershey. All in favor, motion carried. 0RDINANCE N0. 6 (SERIES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE CONSOLIDATED CONCEPTUAL & FINAL PLANNED UNIT DEVELOPMENT AND SPECIALLY PLANNED AREA FOR ISELIN PARK AND APPROVING AN EXEMPTION FROM THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY , CITY OF ASPEN , PITKIN COUNTY, COLORADO. Parcel No. 2735-142-00-851 21 Regular Meeting Aspen City Council February 12, 2001 Joyce Ohlson, community development department, told Council this is a consolidated conceptual and final planned unit development and a specially planned area because of an affordable housing unit, which is not a permitted use, is proposed on this site. Council also has to approve a growth management quota system exemption as an essential public facility. P&Z has reviewed this as a conditional use because snack bar and restaurants, recreational structures and appurtenant retail uses are conditional uses in the parks zone district. P&Z approved all the conditional uses. Ms. Ohlson told Council landscaping and transportation will be some of the topics staff will address at the public hearing. P&Z has had 3 meetings on this project and took action last week. P&Z recommends conditions in their resolution of approval. One condition from P&Z is that a minimum of 10 feet be provided on the pool deck between the starting block location and the mechanical room wall. This is to insure adequate space when there is a swim meet staged at the site. Another P&Z recommendation is that the lap pool and pool areas meet the Colorado High School swimming association regulations for competitive high school swim meets. Ms. Ohlson pointed out these 2 conditions are not included in this ordinance. If Council wants these 2 conditions in the ordinance, they may direct staff to do so. Staff feels these are programming elements rather than planning issues. Another issue is that the applicant strive to implement the parking and transportation management strategies from the Charlier report. These are operational strategies in this report, exhibit D. Ms. Ohlson said another recommendation is that a formalized agreement regarding parking enforcement be adopted between the city and Pitkin County prior to issuance of a certificate of occupancy. Ms. Ohlson said this is a large issue; staff feels that parking management needs to be well controlled, highly defined. Ms. Ohlson suggested a master coordinator of all events in this area will be a critical position. Councilman Markalunas said the agreement should also include the school district. Ms. Ohlson said the school district is included in the master programming and management of the venues. Ms. Ohlson told Council P&Z recommends a RFTA bus be dedicated to a Maroon Creek road service, which is one option for mitigating increase in traffic. Randy Ready, assistant city manager, said the issue is whether this 22 Regular Meeting Aspen City Council February 12, 2001 bus will continue to serve Castle Creek on one route or to have dedicated Maroon Creek service solely. Mayor Richards pointed out city routes will be changing in the future with Burlingame, a shuttle that is highway 82 oriented, how all the routes will fit together. Ms. Ohlson pointed out in a separate 3 to 2 vote, P&Z recommended the height of the structure be limited to a maximum of 48 feet to the roof ridge as measured from base ground elevation. Ms. Ohlson said there was a lot of discussion at P&Z regarding the architectural compatibility with this site and perhaps dropping the height 10 feet will help this compatibility. Ms. Ohlson recommended this be adopted on first reading and go to public hearing. Ed Sadler, asset manager, showed the proposed tower, which is 58 feet from ground level, 45 feet above the parking lot. Sadler said the practical reasons for tower are lighting and air circulation, both of which have been designed for the tower. If the tower is reduced, air conditioning will have to be added and more lighting will have to be added. Sadler said the building has been designed to be energy conscious, to let in light, to get cross ventilation through the tower. Councilman Hershey asked how this would compare to the height of the Prince of Peace Chapel. He would like that number for the second reading. Sadler told Council staff checked with the high school swimming association and if the deck is left as designed, the only things that cannot be held at the pool are Olympic events and national competitions; high school events can be held at this pool. Mayor Richards said Council received a letter and drawings from a P&Z member regarding the height of the tower and would like staff to analyze this before second reading. Councilman Paulson asked about the bridge to Tiehack. Sadler said that bridge is not part of this construction package. Mayor Richards said the parks department has plans ready; however, the cost is more than anticipated. The parks department would like to include the bridge in the bonding capacity from the new 1/2 cent sales tax. Mayor Richards said she would like an update of this at second reading. Sadler said the bridge across Maroon Creek to the school will be a joint project with the school district and will be done after this project is completed. Councilman Paulson said he would like to know how Nordic skiing will be dealt with on these bridges for second reading. Councilman Hershey moved to adopt Ordinance #6, Series of 2001, on first reading; seconded by Councilman Markalunas. Roll call vote; 23 Regular Meeting Aspen City Council February 12, 2001 Councilmembers Hershey, yes; Paulson, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. Councilman McCabe moved to continue Resolution #160, Series of 2000, to March 26; seconded by Councilman Paulson. All in favor, motion carried. Councilman Hershey moved to go into executive session at 10:25 p.m. to discuss litigation; seconded by Councilman McCabe. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 10:50 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman McCabe moved to continue the meeting to Wednesday, February 14, at 7:45 a.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk OUTSTANDING EMPLOYEE BONUS AWARDS ................................ ... 1 CITIZEN COMMENTS ................................ ................................ .............. 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 2 · Resolution #15, 2001 - Collection Service Agreement Truscott with Sanitation District ................................ ................................ .................... 4 · Resolution #16, 2001 - Petition to Include Iselin in Sanitation District 4 · Resolution #17, 2001 - Contract to sell Burlingame Ranch Free Market Lot ................................ ................................ ................................ ........... 4 · Resolution #18, 2001 - Contract Wagner Equipment Cat Excavator .... 4 · Ordinance #8, 2001 - Code Amendment - Eliminating Jury Trial for Traffic Cases ................................ ................................ ............................ 4 · Ordinance #7, 2001 - Code Amendment - 1/ 2 cent Parks/Open Space Sales Tax ................................ ................................ ................................ .. 4 · Request for Funds - $500 contribution from Council contingency to Bench at Molly Gibson Park for Stephan Albouy ................................ ..... 4 · Minutes - January 22, 2001 ................................ ................................ .. 4 ORDINANCE # 5, 2001 - Corbin/Burrows 616 W. Smuggler Landmark/Lot Split ................................ ................................ ................................ ............. 4 ORDINANCES #44 AND #48, SERIES OF 2000 - Petrick Annexation and Rezoning ................................ ................................ ................................ ...... 6 24 Regular Meeting Aspen City Council February 12, 2001 RESOLUTION #19, SERIES OF 2001 - New West Hopkins Conceptual PUD ................................ ................................ ................................ ............. 6 RESOLUTION #20, SERIES OF 2001 - Savanah Barbee Conceptual PUD ................................ ................................ ................................ .................... 11 ORDINANCE #1, SERIES OF 2001 - Council Compensation ................... 18 ORDINANCE #2, SERIES OF 2001 - Code Amendment Wildlife Protection ................................ ................................ ................................ .................... 18 ORDINANCE #3, SERIES OF 2001 - Campaign Spending Laws .............. 19 ORDINANCE #4, SERIES OF 2001 - Water Service Agreement Urschel .. 20 ORDINANCE #6, SERIES OF 2001 - Iselin Park Conceptual and Final PUD ................................ ................................ ................................ ............ 21 25