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HomeMy WebLinkAboutminutes.council.19991206Regular Meeting Aspen City Council December 6, 1999 CITIZEN COMMENTS ............................................................ 1 COUNCILMEMBER COMMENTS .............................................. 1 CONSENT CALENDAR ........................................................... 1 · RFTA 2000 Budget ............................................................ 1 ORDINANCE #49, SERIES OF 1999 - Moore PUD Housing Amendments .......................................................................... 1 ORDINANCE #52, SERIES OF 1999 - Code Amendment PUD ........... 2 RESOLUTION #94, SERIES OF 1999 - Bavarian Irm Conceptual PUD.. 3 RESOLUTION #93, SERIES OF 1999 - Aspen Mountain PUD Lot 3 ..... 4 RESOLUTION #111, SERIES OF 1999 - Aspen Mountain Lodge Conceptual PUD Lot 5 .............................................................. 5 Affordable Housing Mitigation .............................................. 6 12 Regular Meeting Aspen City Council December 6, 1999 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Hershey, McCabe and Markalunas present. CITIZEN COMMENTS There were none COUNCILMEMBER COMMENTS 1. Cour~cilman Paulson requested that a resolution supporting U. S. population stabilization be put on the December 13~ agenda. Councilman Paulson said he feels it is time m petition the Congress for action on this issue. 2. Councilman Markalunas noted winter is here and people should drive carefully. 3. City Manager Steve Barwick announced the December 9~ meeting of the EOTC has been cancelled and the next meeting is January 13, 2000. ~CONSENT CALENDAR Councilman Paulson moved to adopt the consem calendar: seconded by Councilman Hershey. The consent calendar is: · RFTA 2000 Budget All in favor, motion carried. ORDINANCE//49, SERIES OF 1999 - Moore PUD Housing Amendments Glenn Horn, representing the Aspen School District. told Council there were originally 4 requests. The school district has dropped 3 of the requests and is only asking m amend the deed restrictions to require an employee who works for the school district for less than 10 years, to see the unit 'within one year after terminating employ. Horn told Council the Moore project was initiated in 1993 as a growth management application. The units at the Moore project over and above the minimum requirements for GMQS are discretionary units and a portion of those discretionary units Regular Meeting Aspen City Council December 6, 1999 go to the school district. The school district did not focus on the particulars when the deed restrictions were written. During this process, the sale of the yellow brick to the city became part of the process and it seemed the yellow brick school, the new playing fields, the affordable housing were all intertwined. The school district is now asking that if an employee of the school district in a unit for 10 years retires, they could keep that unit. If an person were in a unit less than 10 years, the unit would go back to the school within one year of employee termination with the school district. Mayor Richards opened the public hearing. There were no commems. Mayor Richards closed the public hearing. Councilman McCabe agreed with the position of the housing board, which is that ownership of a unit should not be tied to one's employment. Councilman McCabe moved to adopt Ordinance//49. Series of 1999, on second reading; seconded by Councilman Hershey. Mayor Richards noted there are several schools in the community and teachers could leave the Aspen School District and go to a job at another school and lose their housing. Mayor Richards said she supports the housing board's position. Councilman Hershey said he is concerned about the retention of teachers; however. Council cannot make exceptions of every rule for every group. Councilman Markalunas said he feels the school district's request is reasonable and he would support that. Mayor Richards noted that the school district did not put any money into these units. Roll call vote: Councilmembers Hershey, no; Paulson, no: Markalunas, yes; McCabe, no; Mayor Richards, no. Motion NOT carried. ORDINANCE #52, SERIES OF 1999 - Code Amendment PUD Chris Bendon, community development department, told Council this code amendment extends the flexibility of the planned unit development regulations to parcels less than 27,000 square feet where the applicant 2 Regular Meeting Aspen City Cotmcil December 6, 1999 demonstrates their ability to further the goals of the AACP and the PUD process would be in the best interest of the community. Staff and P & Z recommend approval of this code amendment. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public heanng. Councilman Hershey moved to adopt Ordinance #52, Series of 1999, on second reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Markalunas, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #94, SERIES OF 1999 - Bavarian Inn Conceptual PUD Joyce Ohlson, community developmdnt department, reminded Council at previous meeting they discussed relocating the N-2 unit in order m preserve trees on site as well as preserve the sight lines for an adjacent property owner. There should be a construction management plan for tree preservation during construction of this project. Condition #5 of this resolution contains requirements for construction management. Condition #2b addresses preserving the 3 conifer trees on the north side of N-2 building. The resolution also notes that N-2 shall be a two-bedroom unit. Ms. Ohlson noted condition #4 addresses cabin relocation and that the final PUD plan shall address relocation of the 2 smaller cabins on parcel 1 of the site. This condition does not require the 3rd larger cabin to be relocated. Condition #3 discusses the advisory review role of HPC and that the applicants shall meet with HPC m review architectural design of the structures for compatibility. Ms. Ohlson pointed out a new condition, 2f, stating that a remodeling plan for the Bavarian Inn showing architectural changes and fagade material be included for final review. Ms. Ohlson said this project started before adoption of the city's lighting code; however, staff would like to see the project meet those standards. Condition 2d talks about use of the alley and staff and outside agencies will work on a plan for minimal use of this alley, especially from the west end. Mayor Richards opened the public hearing. 3 Regular Meeting Aspen City Council December 6, 1999 Richie Cohen, adjacent neighbor, told Council this is a good example of how a small community group can work with a developer on an employee housing concept that fits everyone's needs. Herb Klein, adjacent property owner, said the developer has done great work to make this an acceptable project to the neighbors. Klein said he hopes Council approves this process so that it can move forward. Mayor Richards closed the public hearing. Councilman Paulson moved to adopt Resolution #94. Series of 1999; seconded by Councilman McCabe. Roll call vote; Councilmembers McCabe. yes; Markalunas, yes; Hershey, yes; Paulson, yes; Mayor Richards, yes. Motion carried. RESOLUTION #93, SERIES OF 1999 - Aspen Mountain PUD Lot 3 Julie Ann Woods, community development director, reminded Council at the last Council meeting there were several issues raised both lots 3 and 5. One is that Savanah has agreed to a conversion factor of 2.0 lodge room allocation for each 3 bedroom residential credit held by SLP. This is condition #1 in Resolution #111. Attachment A shows how that conversion will occur. The difference m units will be obtained through growth management competition. Ms. Woods told Council there is no need to move the lodge competition forward because Savanah has applied for the 1999 lodge competition and there are no other competitors. The hearing for GMQS allocation can occur before final PUD. At the last meeting, Council discussed mitigation for lot 5, the Bavarian Inn housing. Ms. Woods told Council a 70/30 compromise would give the community 13 units in 28 bedrooms at the Bavarian; 100 percent mitigation for lot 5 would give the community 19 units and 40 bedrooms. If the applicant were to mitigate employee housing on lot 5, the lodge will probably be in a different configuration. The changes for lot 3 in Resolution #93 are the massing and scale of the triplexes on lot 1 have to be addressed by final PUD. Ms. Woods 4 Regular Meeting Aspen City Council December 6, 1999 modified the resolution to specify the maximum FAR for the single family lots. Sarpa noted there is a condition directing the applicants to look into green building practices. Condition//23 addresses softening the edge between the ski hill and the back of the residences. Mayor Richards opened the public hearing on lot 3, Resolution #93, Series of 1999. Anne Murchison, Fifth Avenue condominiums, thanked Council for including a condition regarding the Top of Mill trail because access to the top of the public street is very important. Ms. Murchison said the residents will work with the parks department on this trail. David Booth, Aspen Lodging Community, requested they be included in any drainage discussions. Mayor Richards closed the public hearing. Councilman Hershey moved to adopt Resolution #93, Series of 1999; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #111, SERIES OF 1999 - Aspen Mountain Lodge Conceptual PUD Lot 5 John Sarpa, Savanah Limited Partnership, told Council the height of the building on lot 5 has been lowered 2 feet. The highest pole in the middle of the building has been lowered from 47 feet to 45 feet and the side poles from 41 feet to 39 feet. Sarpa said this was accomplished by finding space in between floors. Kim Weil, amhitect, showed the elevations and where the building will be lowered. Mayor Richards opened the public hearing the design issues of lot 5 Aspen Mountain PUD. Donna Tulipani, Durant Condominiums, told Council when she first purchased her condominium she had a view all the way to the airport. If this is approved, she will have a view of a brick wall. Ms. Tulipani said she does not feel 17 feet variance should be allowed; it is entirely too high. Sunny Vann said the net effect of the variance is 12 feet over the height of 5 Regular Meeting Aspen City Council December 6, 1999 the existing building at the worst locations. Anne Murchison, Fifth Avenue Condominiums, said 106 parking spaces for the hotel is not enough. The neighborhood will be impacted by overflow cars. Janette Mandelbaum, Galena, said the proposed height will block her entire view. The building will block off the view of the mountain from town. The proposed building is too high and should be lowered. Ms. Mandelbaum said she hopes the city will address the problem of car lights coming out of the parking garage shining into adjacent residences. Ms. Mandelbaum suggested less green space and having a lowered building. Jerry Monkarsh, president Galena homeowners, objected to the spine of the hotel containing 20 units. This spine blocks the view of many surrounding properties. Monkarsh said he feels the garage could be lowered. Monkarsh said he would like to see the 20 units in the spine eliminated and a lower building addressed before final PUD. Steve Fallender, adjacent resident, said this project has come a long way. Fallender said he is supportive of a hotel on this site and hopes the developers will continue to work on the height variance. Two feet makes a difference and 3 more feet will make a bigger difference. Mayor Richards closed the public hearing on site design. Sarpa told Council the developers have worked hard on this design to have a 150 room below luxury hotel, part of this is the room mix. Sarpa said the developers feel comfortable lowering the height and staying with the current design. Affordable Housing Mitigation John Worcester, city attorney, said in 1989 Council passed a PUD agreemem for Aspen Mountain project. That PUD agreement granted to the developer certain rights relating to the Ritz hotel as well as Summit Place (lot 2), Top of Mill (lot 3), Galena Place (lot 4), Grand Aspen Hotel (lot 5) and the ice garden (lot 6). Savanah met their housing mitigation requirements for lots 1, 2, 4, and 6. The housing mitigation being discussed is that for lots 3 and 5. The PUD agreement discusses that 6 Regular Meeting Aspen City Council December 6, 1999 mitigation. Worcester quoted the PUD agreement that addresses employee housing and which acknowledges that the mitigation for lot 5 would be dealt with in the furore. The agreement states the housing requirements for lot 3 would also be done by future amendment. The approval of the PUD agreement by resolution was challenged in court and the District Court judge found the approval void because the City Charter requires all final land use approvals be adopted by ordinance rather than by resolution. Council readopted the PUD agreement by Ordinance //69, 1989, and then decided to refer the question to the electorate to decide whether the approval should go forward. Council drafted a ballot question with two options; option A written by the developer and option B written by Council. The voters chose option A. The question the voters approved contained the phrase, "In addition, the developer shall, in good faith, process a land use application for affordable housing suitable for .8 acres on Main Street known as the Bavarian Inn property'.'. If there were litigation on this issue, it would be up to the courts to decide what was meant by "in good faith process a land use application". Worcester said he has not seen "mitigation" mentioned in anything associated with this issue. The developers are asking to use some or all of the Bavarian Inn units as mitigation for the hotel development on lot 5. John Sarpa, Savanah Limited Partnership, said the applicants feel the record shows that the Bavarian Inn was offered as a site for additional employee housing should the Ritz audit indicate the need, or it would be available for Savanah to use in its other PUD process. Sarpa said the developers made sure that the ballot did not state the Bavarian would be additional mitigation for the Ritz. After the election Savanah had to come back before Council to get an extension for the hotel. The Council had the opportunity to look at all aspects of the PUD~ including the Bavarian. It was indicated by staff that the additional housing on the Bavarian site for the Ritz was turned down by the voters. Sarpa said this issue was not raised again until 1998, at which time staff indicated the Bavarian would not be available for mitigation. Savanah's position is that they be able to use the Bavarian as they see fit. 7 Regular Meeting Aspen City Council December 6, 1999 However, Savanah is proposing a compromise on this site. Sarpa said the applicants are trying not to increase the size of the hotel on lot 5 and do not want to put more employee units in the hotel. Sarpa noted SLP has agreed to mitigate 100 percent of the net new employees of this hotel. Sarpa said the applicants request to use 29 beds out of the 43.75 employees to be housed, which is about 66 % of the units. This would give the city 34 % of the beds. At the last Council meeting, Councilman Paulson suggested the percentage split should be 70 city/30 applicants. Mayor Richards submitted materials from the 1990 election and newspaper articles surrounding that election. One is a December 14, 1989 interview with Mr. Hadid stating their commitment to provide additional housing for 198 individuals can be accomplished through the Bavarian Inn. Mayor Richards also presented a full page ad from December 18 signed by supporters of Savanah noting that Hadid has agreed to provide housing for another 100 people. Mayor Richards said the silence on mitigation was very deliberate. Mayor Richards presented a mailer that was sent to all voters for the 1990 election stating that option A will result in employee housing for 288 workers. Mayor Richards said if the Bavarian Inn is used for new projects, that commitment of housing for 288 workers will not be met. Mayor Richards quoted from the material, "In addition, as owners of the Ritz Carlton hotel, option A, we have agreed to build new employee housing at the Bavarian Inn property that is in addition to other new housing included in the previously stipulated affordable housing for 198 people". Mayor Richards said she is trying to be fair and to guard the public interest for housing, which is worth millions of dollars. Mayor Richards said she feels a court would have no problems deciding the second part of option A was clear in placing upon the developer an additional requirement from the original PUD agreement. Mayor Richards noted the Aspen Mountain Lodge, lot 5, is asking for a s~gnificant height variance, which is appropriate for a PUD process; however, Council needs to make sure this is an exceptional project. Mayor Richards said a height variance requires 100 percent mitigation for employees separate from the earlier promises on the Bavarian Inn. 8 Regular Meeting Aspen City Council December 6, 1999 Sarpa said previous Councils have not voted on this issue and this will be the first official position by City Council Sarpa said there are strong feelings on this issue and Council and the developer should try and figure out a compromise and move forward. Mayor Richards opened the public hearing. Charlie Tarver said everyone has a different interpretation of what the election meant. Tarver recommended Council work on a solution to go forward with the development. Saul Barnett said he feels the Bavarian was to be additional housing of 90 units. Richie Cohen said the Bavarian Inn was purchased and was promised as housing if the audit on the number of Ritz employees showed they needed to house more people. Cohen supports some compromise on the units at the Bavarian, some for the Savanah project and some for the city housing office Herb Klein said he worked on the ballot language for the 1990 election and throughout the entire process. Klein said it was always his understanding the Bavarian was to be used in case the Ritz employee audit indicated a need for more employee housing. Klein told Council when his realtor inquired of the housing office if there were any restrictions on the Bavarian, the housing office said that property was for affordable housing only if the Ritz needed more housing. Klein noted there has been an affordable housing problem for a long time and if the city felt that this is what the Bavarian was m be used for, they would have moved before 1998. David Schoenberger said the proposed project is a benefit to the community and will be a net increase of 28 rooms in 13 units. Schoenberger said he feels Savanah intended to build the housing but not to give it away. John Norton, Aspen Skiing Company, said he supports a compromise between the applicant and the city. Steve Fallender said he would like to see the city start moving toward agreement. Jerry Mo~karsh said he feels a compromise is in order. Mayor Richards closed the public hearing. 9 Regular Meeting Aspen City Council December 6, 1999 Mayor Richards said a 70/30 mix proposal would get a total of 68' employees housed which is 17 employees less than the original proposal and 13 more bedrooms than Savanah has initially proposed using the Bavarian Inn for mitigation purposes. Mayor Richards said she finds this unacceptable, Sarpa said if they accept a compromise on the Bavarian Inn, they will have to find another spot m house employees. The hotel cannot get much larger to house these employees. The hotel can pick up some of these employee units. Mayor Richards said each unit compromise is part of the shortfall in the existing need. Each unit costs about $100,000. Councilman McCabe said he favors a 30/70 compromise, which would give the city 31 more employee bedrooms and would house 24 employees at the hotel. Mayor Richards said she does not feel this is a compromise for the city but giving up rooms Councilman Markalnnas noted the voters rejected the city's proposal in 1990. Councilman Markalunas said the plan for the Bavarian has been worked out with the neighbors and is a good plan. Councilman Markalunas said he likes the fact the applicant is mitigating 100 percent of their employees rather than 60 percent. Councilman Markalunas said he supports a 70/30 compromise at the Bavarian with some more employees being housed at the hotel site. Sarpa said a 70/30 compromise with 28 employees being housed at the hotel will increase from 12 to 28 with 13 employees being housed at the Bavarian. In order not to raise the hotel, they will need to expand the FAR to 115,000 square feet. The current plan is 106,000 square feet. The proposals has 8,000 square feet of meeting space and housing more employees in the hotel will decrease the meeting space to 5500 square feet. Sarpa said he would like the flexibility not to house all 28 employees in the hotel but would be willing to accept 16 or 20. Worcester reminded Council under the current PUD agreement the maximum floor area allowed is 115,000 square feet so this proposal is within the agreement. Councilman Paulson said he would like to see at least 22 employees at the hotel. Councilman Paulson moved to adopt Resolution #111, Series of 1999, with the variation in the heigltt presented earlier, the parking at 106 spaces plus 10 Regular Meeting Aspen City Council December 6, 1999 9 for the ice rink, the footprint will stay the same, the 70/30 at the Bavarian with the city getting the 70; a minimum of 16 employees will be housed at the hotel site and the rest of the employees will be housed within the metro area and buy downs are acceptable, maximum ! 15,000 square feet if more than 12 employees are housed on the hotel site; seconded by Councilman Paulson. Roll call vote: Councilmembers Markalunas, yes; Hershey, yes; Paulson. yes; McCabe, yes; Mayor Richards. yes. Motion carried. Councilman Markalunas moved to adjourn at 8:10 p.m.; seconded by Councilman Hershey. All in favor, motion carried. ~Koch, ~ 11