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HomeMy WebLinkAboutminutes.council.20020311Regular Meetin~ Aspen City Council March 11, 2002 CITIZEN PARTICIPATION .......................................................................... 2 CONSENT CALENDAR ................................................................................ 5 · Resolution gl 2, 2002 - Contract Addendum Engineering Services Cemetery Lane Trail and Streetscape ............................. i ........................... 5 · Resolution # 19, 2002 - Extension of Application Deadline - Barbee, Parking Lot .................................................................................................. 5 · Resolution #22, 2002 - Alternate to the Open Space Acquisition Board5 · APpointment of Open Space Board Members - Pat Fallin; Howie Mallory, Tom Cardamone, Fred Peirc¢ and John Wilcox .......................... 5 · Appointment to RFTA Covenant Enforcement Commission - Terry Paulson ........................................................................................................ 5 · Minutes - February 25, 2002 ................................................................... 5 All in favor, motion carried ......................................................................... 5 ORDINANCE #6, SERIES OF 2002 - 615 East Bleeker Growth Management Allotment ............................................................................ ,.,.. 5 ORDINANCE #7, SERIES OF 2002 - Aspen Mountain Final PUD Lot 3 ... 6 ORDINANCE gl, SERIES OF 2002 ~ Code Amendments Historic Preservation .................................................................. , ................................ 11 ORDINANCE #2, SERIES OF 2002 - Historic Preservation Benefits ........ 11 RESOLUTION #20, SERIES OF 2002 - Temporary Use - Aspen Skiing Company ....................................................................................................... 18 RESOLUTION #21, SERIES OF 2002 - Obermeyer Eligibility for COWOP Regular Meeting Aspen City Council March 11, 2002 Mayor Klandemd called the meeting to order at 5:00 p.m. with Councilmembers Paulson, MCCabe, Hershey and Semrau present. CITIZEN PARTICIPATION 1. Bill Dinsmoor, Aspen Street Railway Company, reminded Council they directed staff to dispose of the trolleys by June and concurrently to see if the Railway Company would be interested in an election to give direction to Council from the electorate. Dinsmoor said this would require an election in May, which is known for low turnout. Dinsmoor questioned what the Council would do if there were a very low turnout and the result was support for retaining the trolleys. CoUncilman Hershey said he thought the direction was the question was to contain specifics on funding the trolley rather than just have an advisory question. Dinsmoor said the trolley is not to be built with tax dollars and that will be made clear in the question. Councilman Semrau said he would like to see the ballot language before the petitions are circulated. John Worcester, city attorney, suggested a work session before the question goes to petitio~. 2. Toni Kronberg presented a rendering of the Iselin facility. Ms. Kronberg quoted the Mayor as saying when one is building with bricks and mortar, they are building for the future. This was in reference to affordable housing. Ms. Yd'onberg t01d CoUncil this is her i 1th year of pleading for pool, ice and softball field facilities. Ms. Kronberg said the pool design that has been piCked does not cater to school age children. Ms. Kronberg said there is still a chance to change what is inside the building. Ms. Kronberg showed the leisure pool at 3.5 feet. This will not be used by teenagers. Ms. Kronberg showed the lap pool. There is only 3.5 feet of deck space between the edge of the lap pool and the wall. There will be two lap lanes at all times. There will only be a small area left for community 1/se. Ms. Kronberg said newspaper articles quote Councilmembers as stating the pool design was a done deal a year before the public meetings started. Ms. Kronberg noted community development department told P&Z and the growth management commission that they could not decide what goes inside the building but could only address the footprint of the building. 2 Regular Meeting Aspen City Council March 11~ 2002 Mayor Klanderud noted the pool and ice facility is under construction after going through the process and being approved. Ms. Kronberg asked that the pool be changed; it has not been dug. The hockey and youth centers have not been funded. Ms. Kronberg suggested an area be redesigned as lap pools and diving areas are not being built anymore. Mayor Klanderud asked if the design can be changed at this time. Steve Bossart, project manager, said it cOUld be changed; however, previous Council approved this design. Mayor Klanderud asked if anyone on Council wants to change the design. Councilman Semrau said he does not want to change the design; however, he would like to see the paperwork on the approval. Councilman Paulson agreed. Ms. Kronberg told Council US Diving said this is a diminished facility and US Swimming said this is a minimal facility. Ms. Kr°nberg said this is a not the standard in the industry. The space left for adult swimmers is a great injustice to the community. Ms. Kronberg stated Council told the swimmers they could not raise money. 3. Lannie Curtis, Woody Creek Homeowners, told Council they would like to improve their relationship with the housing board. Curtis said it has been over 3 years since the housing office bought the Woody Creek trailer park in order to subdivide it and to provide individual lot ownership. The conceptual plan was approved over I year ago. Curtis said the housing board has taken an active role and the homeowners are not comfortable with some actions of the housing board. The homeowners are being left out of the process. Curtis said the homeowners have been told this is not their property. Curtis said the homeowners have been in the planning process for 10 years. Curtis said there are concerns about the report to the water quality district. The housing board t01d the homeowners to stop working on a special tax district, which would have been used to fund improvements to the trailer park. Curtis said the housing board granted a request for a rental unit, which is in violation of the park's rules and regulations. This is contrary to the goal of owner occupancy. Curtis said the housing board eliminated a lot without consideration for compensation. Curtis said the homeowners should be involved in the decisions that affect their trailer park. Curtis said the homeowners would like to have a more interactive role with the housing board. There have been changes in the plat plan; lots have been eliminated. Councilman Semrau suggested he meet with the housing office Regular Meeting Aspen City Council March 11, 2002 and get something in writing to the Woody Creek homeowners that will restate the process and information flow. Curtis asked about the decision on the rental unit. Councilman Semrau suggested this be reviewed by the housing board again, as there is further information on this rental unit. Councilman Semrau said currently a housing staff member is Supposed to communicate directly with the Woody Creek homeowners to keep them informed. Councilman Semrau said the housing board is trying to fast trick the process and evidently the information has not been getting to the homeowners. COuncilman Semrau said he will review with the housing staff what the time table is and when the information will get to the Woody Creek homeowners. Councilman McCabe suggested if this action does not work, the homeowners and Council could have a work session to distill the issues. Councilman Semrau said the septic permit was submitted to the state two weeks ago. It may take one year for approval. If so, the construction will not take place this summer. Jamie Knowlton, housing board, told Council they are trying to stick to a timetable. The deadline for the waste treatment application was JanUary 31 st. There is a meeting scheduled with the BOCC for April l0th. Knowlton told Council the housing board is working with consultant to develop paperwork for the detailed submission. Councilman McCabe requested the documents from the state regarding wastewater and what they want. COUNCILMEMBER COMMENTS ' 1. Councilman He[shey suggested that the empty storefront at the Wheeler Opera House be filled with upcoming Wheeler event posters, or city displays. 2. Councilman Semrau said he heard Northwest Airlines may cancel their flights into Aspen in the summer and asked City Manager Steve Barwick to investigate. 3. Councilman McCabe said he would like staff to work with the Youth i Council so they come to Council before the end of the school year to give a report on their actions. Councilman McCabe said the Youth Council should have regularly scheduled meetings at a regular location. Councilman MCCabe said he Would also like a report on monies spent and on what they were spent. 4 Regular Meetin~ Aspen City Council March 1L 2002 4. Steve Barwick, city manager, told Council policy governance will not be discussed at the work session tomorrow. Barwick suggested Council leave this available for finishing adopting historic preservation code amendments if necessary. 5. Steve Barwick asked Council add to the consent calendar Resolution #22, 2002, addition of alternate member to the Open Space Acquisition Board. Barwick also withdrew the EPS Housing Master Plan Contract Amendment from the agenda for further refinements. Barwick said the executive session noted at the end of the agenda is not needed. CONSENT CALENDAR Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: Resolution # 12, 2002 - Contract Addendum Engineering Services Cemetery Lane Trail and Streetscape · Resolution #19, 2002 - Extension of Application Deadline - Barbee, Parking Lot · Resolution #22, 2002 - Alternate to the Open Space Acquisition Board · Appointment of Open Space Board Members - Pat Fallin; Howie Mallory, Tom Cardamone, Fred Peirce and John Wilcox · Appointment to RFTA Covenant Enforcement Commission - Terry Paulson · Minutes - February 25, 2002 All in favor, motion carried. ORDINANCE #6, SERIES OF 2002 - 615 East Bleeker Growth Management Allotment Chris Bendon, community development department, showed the location of the project, told Council this is zoned S/C/I and is a m/xed use buildings of 5 Regular Meeting Aspen City Council March 11, 2002 S/C/I, housing and storage. The proposal includes reconstruction and expansion for additional S/C/I use with 3 affordable housing units on top. One of the storage buildings will be converted to further S/C/I use. Bendon told Council the project went through growth management commission scoring process and met the threshold. The GM scores have been accepted by the BOCC. This ordinance accepts the scoring and allots square footage to this project. Bendon said this is in a zone district with a goal of trying to retain and enhance business in the upper valley. The proposal houses more employees than is required in the land use code. Staff recommends approval. Mayor Klanderud opened the public hearing. Gailen Smith, adjacent property owner, asked if these affordable housing units will be deed restricted. Bendon said these are category 2 deed restricted units and will be rental; if the applicant can propose acceptable language to the city~ attorney. Mayor Klanderud closed the public heating. Councilman Paulson asked how thiS fits with the Obermeyer proposal. Bill Murphy, applicant, told Council he is included in the COWOP process and has been in discussion with Obermeyer. Murphy told Council he started this project before the Obermeyer project. Councilman Hershey moved to adopt Ordinance #6, Series of 2002, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #7, SERIES OF 2002 - Aspen Mountain Final PUD Lot 3 Fred Jarman, community development department, told Council the applicant is proposing to subdivide a 242,000 square foot parcel formerly known as the Top of Mill into l 1 parcels. There will be 8 developed parcels, 2 open space and 1 parcel for an existing garage. The applicant is proposing to use 13 reconstruction credits. Jarman showed lot 3 configuration, the current zoning of R-15 PUD/C°nservati°n/LTl( PUD and the proposed zoning of LTR and Conservation. 6 Regular Meeting Aspen City Council March 11, 2002 Jarman showed Council a matrix of the 11 lots, their size, what will be built on them, the FAR. Parcel 1 will have 2 free market multi-family structures; parcel 2 will have 4 affordable housing units; parcel 3 is a free market duplex and an ADU; parcels 4 through 8 are single family lots. Jarman showed the parcels A and B, the open space parcels. The top of Mill trail running east/west will be realigned and the Aspen mountain trail will run north/south. Jarman noted all single family dwellings will have 5 bedrooms. Jarman told Council this application received conceptual approval December 1999. The applicant requested to amend the conceptual approval in May 2001. P&Z recommended approval of the final PUD. Jarman told Council this development may or may not be within the Wheeler Opera House view plane. This view plane starts on the sidewalk in front of the Wheeler and is meant to keep development in the foreground low. The line terminates where the ground plane meets the view plane, which is just below Summit street. This project is above that view plane. The applicant is requesting special review to set the parking requirements for affordable housing for the 4 units on parcel 2. They are meeting the parking requirements as if these were free market units. Jarman said 8040 greenline requires developers tO go through a review to address slope issues. Jarman told Council the applicant has worked with the City beCaUse of soil runoff: The city will construct a storm sewer drain from lot 3 into the existing tunnel by Durant, which will be paid for by the applicant. Jarman told Council the requeSted zoning is appropriate with the surrounding landuses and development at the base of ASpen mountain. This development meets all the dimensional requirements for LTR. Jarman said this is almost the same proposal that received conceptual approval in 1999. There have been some design changes. The access to parcel 1 has been changed to come off Mill street instead of off Summit street. The configuration of the affordable housing units on parcel 2 so that both garages are accessed north/south. The free market duplex on parcel 3 inCludes a 435 square foot ADU. This is a subgrade unit and P&Z was concerned about its livability. This appliCation is being submitted under the 1996 land use code. The ADU standards have changed since then to address livability of units. However, this application is being processed under an earlier landuse code. 7 Regular Meeting Aspen City Council March 11, 2002 Jarman told Council the applicant has worked with the parks department to meet ali tree planting mitigation. Jarman noted the interior road has been redesigned into a teardrop shape. There is a drainage runoff agreement and in case of a mud flow event, the retaining walls will focus and funnel storm water energy down into the SoUth Mill Corridor. Sunny Vann, representing Four Peaks, told Council Savanah acquired conceptual approval for this development. Four Peaks acquired the property, came back and applied for an amended approval for lots 3 and 5. Vann said the only difference is creating parcel 9 for the existing Summit Place garage in order to convey the land underneath the garage to the Summit Place homeowners. There have been some minor changes to address referral comments from city staff. The applicants have worked with the parks department to address tree removal and planting and have reached an agreement with the parks department. The applicants have worked with the engineering department to address drainage issues and have reached an agreement. The applicants are funding major improvements consistent with the city's mud flow drainage plan. Vann said the conditions recommended by staff and by P&Z are acceptable to the applicant. Vann noted the previous Council conducted a site visit to look at concerns like Views and the 8040 greenline, which runs through the middle of the site. Vann said the rear boundary of this property does not encroach on the ski slopes. Vann told Council Summit Place condominiums are on parcel 2 of the Aspen Mountain PUD that was sold to a developer. The city required off-street parking, which was constructed across the street on lot 3 of the Aspen Mountain PUD on Four Peaks' land. Summit Place owns the garage but not the land. Four Peaks is creating a parcel in order to deed this over. The land is restricted to a garage. Councilman Semrau asked why only one ADU follow the guidelines in the 1996 landuse code. Jarman said parcels 4 through 8 have not been developed and anyone developing a free market Single family house will have to comply with the standards in effect at the time of building submission. Vann said the original conceptual approval was under the 1995 land use code. Under state statute, all subsequent applications are processed under the regulations in effect at the time of conceptual approval. Vann said the applicants are requesting approval and 8040 greenline for a specific 8 Regular Meeting Aspen City Council March 11, 2002 duplex with an ADU in it. The aPplicants are not requesting approval for specific structures on the rest of the lots. The single family developments will have the option for cash-in-lieu or ADUs under the then regulations. Councilman McCabe said reorienting the structures seem to make it difficult to store snow. Vann said that site was originally the affordable housing and the homeowners requested the driveway be relocated. This relocation will allow for enhanced landscaping. This will require the snow be plowed down the driveway. Snow removal will be the responsibility of the master homeowners association. Councilman Semrau said at building permit stage, developers have to show their snow removal and storage plan. Vann said they will continue to look at this problem. Councilman McCabe asked about slope movement alarm systems. Vann told Council the applicants have been asked to contribute to a long term plan for monitoring on the mountain. Nick Adeh, city engineer, said an early detection of slope movement will alert residents to a hazard. The applicants will contribute 20% toward that cost. Adeh told Council the system will be in the county and will be monitored by the county's disaster coordinator. Councilman McCabe asked about revegetating the steep slope at the rear of the property. Vann said they have discussed this with the parks department, recommendations of species, types of trees, stabilization, etc. Vann pointed out the site has a lot of fill on it. The applicantS have established the original 75 elevation of the property, which is lower than now, and they will record those elevations as part of the approval. Height will be measured from the original grade, not what exists. Councilman McCabe said he has concerns about the proposed ADU and encouraged the applicants to pay cash-in-lieu rather than build this unit, which is below today's standards. John Worcester, city attorney, said that would be up to the applicants. Vann said the applicants will discuss this idea. Mayor Klanderud asked about the replacement of 12.5 bedrooms from 25 bedrooms. Jarman said there is a regulation that requires any demolition of local workers' housing to come back with half the bedrooms and half the square footage of what has been demolished. Throughout the life of this PUD, a variety of multi-family units, 25 bedrooms, has been demolished. The applicants is required to mitigate for half the bedrooms, total of 12.5, which is being replaced on parcel 2. Vann noted Savanah took the position they had already mitigated for housing. The city required them to mitigate Regular Meetin~ Aspen City Council March 11, 2002 again and this represents mitigation of demolition of all housing units throughout the PUD. Mayor Klanderud opened the public hearing. Chris Hamilton, representing Fifth Avenue, told Council they do not want their parking lot to be turned into a construction parking lot or storage area. Sunny Vann, representing the applicant, said there will be a construction management plan and the contractors will have to enforce no parking on private property. Mayor Klandcrud reminded staff there was a request they work on a construction management plan code amendment. Mayor Klanderud closed the public hearing. Councilman Paulson asked about relocation of the ski jump. Staff said there is no mention of this ski jump in the PUD agreement or any of P&Z or Council minutes. Councilman Paulson requested staff ask the Ski Club if they have any minutes or agreements on the ski jump. Vann said the PUD agreement speaks to Savanah's obligation for either construction of a replacement ski club building or contribution to a new ski club building, which they did. Vann said the ski jump was not on thc applicant's property and they do not have an ability to replace the jump. Councilman Paulson requested if there were moneys to go towards a ski jump, he would like to see that obligation honored. Writer told Council he researched all the details when Four Peaks purchased the property and could not find anything about a ski jump. Writer said to the extent the applicants can help the Ski Club put together a jump and there is an obligation to do so, he will go some distance toward meeting that obligation. Councilman Semrau asked about the point brought up by P&Z that parcel 9 is of substandard size. Jarman said this is a site specific development plan; through thc PUD one can establish the dimensional requirements. Establishing parcel 9 at that size does not pose a threat to the life, health, and safety of the city. Councilman Semrau agreed with the concerns on the size and livability of the ADU on the duplex parcel. The applicants indicated they are willing to discuss whether it is an option to pay cash-in-lieu. Councilman McCabe moved to adopt Ordinance #7, Series of 2002, on seCond reading; seconded by Councilman Hershey. Roll call vote; 10 Regular Meeting Aspen City Council March 11, 2002 Councilmembers Paulson, yes; McCabe, yes; Semrau, yes; Hershey, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #1, SERIES OF 2002 - Code Amendments Historic Preservation ORDINANCE #2, SERIES OF 2002 - Historic Preservation Benefits Amy Guthrie, community development department, told Council staff feels Ordinance #1 has a lot of advantages to the historic preservation program in making decisions as well as a better review process to HPC. Council has been concerned about the designation standards more than the process. Ms. Guthrie said staffhas worked to come up with appropriate criteria. There are support documents to create checklists and scoring systems that will eliminate properties not worthy of review by Council. Ms. Guthrie said staff will refine these support documents with HPC and the public over the next 6 months. Ms. Guthrie told Council 95% of those properties currently historically designated are privately owned. Ms. Guthrie noted staff feels it is important to have a mandatory program in order to protect these resources for the furore and from development pressUres. 75% ofhist0rically designated structures are residential, 20% commercial; 5% government. Ms. Guthrie said currently homeowners are carrying the burden for historic properties, and it is important for Council to come up with benefits to help with this burden. Ms. Guthrie pointed out other ski towns and Western towns have a historic Victorian era that has been preserved. Aspen has a unique modem architecture as well as what happened to Aspen in the 1940's, the ski industry, the Aspen Institute. Ms. Guthrie said staff revised the benefits. Transfer of development rights will be dealt with in the infill program. Staff would like feedback from Council on the tax relief and grant program. Citizens have expressed interest in these as financial benefits. There is no funding source; however, staff suggests a modest sales tax increase be put before the electorate. Staff would like direction on whether Council would like them to continue working on that. 11 Regular Meetin~ Aspen City Council March 11, 2002 Ms. Guthrie told Council the city currently offers a $10,000 maintenance loan for historic properties. This ordinance increases that $25,000 to address the cost of construction and inflation. Under technical assistance, staff has added a requirement that the city provide technical workshops. The ordinance also states staffwill report to Council annually on what benefits have been used and proposed adjustments. Ms. Guthrie said Ordinance #I contains better criteria for historic designation with a more clear review process, including better notification to property owners. In terms of development on historic properties, more things can be approved by staff. The review process contains more reliance on design guidelines, which is an adopted document. HPC is bound to more of their decisions at the conceptual level so applicants are not subjected to a changing review process. Mayor Klanderud opened the public hearing. Margaret Kravitz said the mandatory aspect bothers her; the spot zoning bothers her. The city should just designate a certain area, like the downtown. Janver Derrington said in order to give incentives, the FAR for lot splits should be that ora duplex on 6,000 square foot lots. Derrington said the 500 square foot bonus is only allowed if the HPC feels a project is exemplary Kathy Welgos, 1295 Riverside drive, told Council she supports historic preservation. Ms. Welgos said this decision of Council is important for the viability of historic preservation and for the next generation of Aspenites, who deserve to experience the story of Aspen. Post WWlI era will be meaningful in the future. John Kelly said he does not feel kit homes should be designated. Kelly told Council he has looked at other town's historic ordinances and most of these are voluntary for newer structures. Kelly said the other towns he looked at with historic ordinances also have high real estate values and development pressures. Kelly said these other towns also have benefits for historic preservation. Kelly said if the city's ordinance were adopted with post WWII being voluntary designations, Council could look at the impacts on the community. 12 Regular Meeting Aspen City Council March 11, 2002 Yasmine dePagter asked if Council has looked at ordinances from other cities with voluntary designation. Fondu Patterson said if the benefits make sense, people will line up to have their properties historically designated. Ms. Patterson said these benefits do not offer anything to a large property owner. Ms. Patterson noted putting a historic designation on a business makes no concession to economic obsolescence. The lodge business has to respond to demands of the public, which change. Ms. Patterson said she has a right to decide what kind of business to operate, which may require changes historic designation would not allow. Ramona Markalunas presented pictures of historic buildings and what happens with lot splits and when buildings overwhelm the historic resource. Allowing this increase in density will make the community very congested. Ms. Markalunas said Ordinance #1 is difficult to understand. Lisa Markalunas said allowing lot splits is not good historic preservation. Lisa Markalunas said if the city gets too carried away with benefits, this may destroy historic properties. Bill Stifling said historic designation is an ever-evolving process; the historic designations of the 1980's saved dozens of Victorian houses. Stirling said the current process is looking at the next era; communities that care about their architectural legacy keep looking at the next era. Stirling said historic designation of these structures is essential. Stirling suggested more discretion in the lot split process so that large stately Victorians are not overwhelmed by development. Stirling said he does not feel designation can be voluntary; it should be a mix of the carrot and the stick. Jim Daggs said Council has an opportunity to gain the support of the community rather than to antagonize property owners. Daggs said the incentives could be much better than presented: The greatest incentive in this area is additional density or FAR. This would cost the city nothing. A lot split does not add any FAR. Jack Simmons said it is Council's job to find the sources of revenue, of zoning, of support for a historic preservation program. Simmons suggested a fund to buy development from threatened historic sites. Simmons said the entire community needs to fund historic preservation, if it is good for the entire community. Suzannah Reid, HPC Chair, said this ordinance tries to find a balance between the carrot and the stick. Ms. Reid noted this ordinance represents things the HPC has been working on for a long time, like the streamlined 13 Regular Meeting Aspen Ci.ty Council March Ill 2002 process, improved benefit list, focus on the guidelines and a better re¼ew process. Ms. Reid reiterated this ordinance does not designate any buildings that are not already designated. This ordinance sets the framework for designations in the future. Ms. P~eid said the post WWII era in Aspen is unique with the early ski era and the Bauhaus era. These two styles do not exist anywhere else. Perry Pollock suggested the post WWII buildings be a voluntary designation program and give the program a year. Pollock said if this is adopted as a mandatory program, it would be too difficult to change it after a year. Mayor Klanderud closed the public hearing. Councilman Hershey thanked HPC and staff for all the work on these code amendments. Councilman Hershey said property rights are very important and Council is trying to balance those with the needs of thc community. Mayor Klanderud thanked the public for participating in the discussions over the last 18 months. Councilman Semrau said a fundamental issue for Council to address is whether they believe there is any way to make this program voluntary and at what age. Councilman Semrau said incentives for a voluntary program would be very expensive. And the city cannot offer enough benefits to make a voluntary program work. Councilman McCabe said he feels the program has to be mandatory in order to work. Councilman McCabe suggested at 45 years, a property gets a notice telling them in 5 years the property will be considered for historic preservation. Councilman McCabe said a prope~y owner would have 5 years to figure out what their options are, whether they want to modify the structure, demolish it or sell it. Councilman McCabe said that will give a comfort level that a property owner will not find out about designation of their property the month before it happens. Councilman Semrau said even after a st~cture is 50 years old, it means it is eligible for designation and the burden of proof is on the city to prove that this structure is historic. Councilman Semrau said modern stt~ctures built in the 1950's are unique to this community, and it is hard to say what historic value these houses will have. It would be a shame to lose those structures. Ms. Gutl~e said the structures that make Aspen so unique are the chalets that were trying to Regular Meeting Aspen Cit~ Council March 11~ 2002 create the image of skiing in this new resort, as well as structures by renowned mOdern architects. Mayor Klanderud said there is no time limitation on structures to be eligible the way the ordinance is currently written. Mayor Klanderud agreed not everything stopped happening 100 years ago. Mayor Klanderud said historic preservation of structures less than 100 years will only work if the definitions are very specific and very clear. Mayor Klandemd noted "appropriate degree of integrity" is not strong enough nor is "possesses sufficient integrity" clear enough. The national register is Clear about how properties are judged for their historic value. Mayor Klanderud stressed that this ordinance is not designating anY properties. Each and every Property will have to go through a process and be reviewed bY HPC and by Council. Mayor Klanderud said she does not want what happened two years ago to occur again, where property owners get in a panic with their property on a list. Mayor Klanderud said before any property owners are pat through any kind of process, staff should be very certain that this property will be Councilman McCabc said the HPC criteria should be set down and th~ HPC will have to stay within those guidelines When COnsidering properties, and this will be subject to much less discretion than before. Councilman Semrau said one of the major goals is to make the system objective not subjective. Councilman Semrau said Council should pick a date up until when historic designation Would be voluntary; after that a property would be eligible for the city's mandatory program. John Worcester, city attorney said Council should pick that date with historic significance in mind, like 50 years, which is the national criteria. Ms. Guthrie told Council staffs research has found that the life cycle of buildings in Aspen is an average of 38.6 years, after which a building is demolished. COuncil could set a date of 35 years to get structures before they are razed. Mayor Klanderud reiterated the property owners have to be incorporated in the process before the time comes for mandatory designation. Councilman Hershey moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman McCabe. All in favor, motion carded. Councilman Semrau said the premise is that the structures need to stand the test of time in order to be histOrically designated. Councilman Semrau said 35 years is not enough time for mandatory designati°n. COuncilman Semrau 15 Regular Meeting Aspen City Council March lit 2002 said the city is trying to create some assurances for private Property owners and to eliminate the discretionary nature of the process. Councilman Paulson said time should not be the factor, this should be preserving the character not just the significant buildings. Mayor Klandemd said information needs to be available to explain the entire process to property owners including the benefits. Councilman Semrau suggested 40 years for mandatory designation, which will protect the post WWII structures and will meet the test of time. Councilman McCabe moved to adopt Ordinance # 1, Series of 2002, with a 40-year timeline with a mandatory warning 5 years prior to that date by certified mail. Motion DIES for lack of a Second. Councilman Semrau moved to adopt Ordinances #1 and 2, Series of 2002, with a 40-year minimum for consideration in the city's historic program with the home owner getting notice 2 years prior by certified letter; seconded by Councilman Hershey. Councilman Paulson asked if notification of pending eligibility could be part of the title search for real estate transactions. Mayor Klanderud said this ordinance should be for the benefit of the community and it seems to be getting into form over substance. If there is to be a mailing two years prior to the mandatory age, it should only go to property owners whose structures may be eligible for designation. Councilman Semrau moved to adopt Ordinances #1 and #2, Series of 2002, with the change that the program is totally voluntary up to 40 years and changes section 26.415.030(2) for required notice 2 years prior to a hearing on that structure; seconded by Councilman Hershey. Councilman Semrau moved to call the question; seconded by Councilman Hershey. Councilman Semrau said Council wants to see the rewritten criteria from HPC within 6 months. Mayor Klanderud noted that location of structures is important and lot splits might be detrimental t° that lOCation. MayOr Klanderud asked if the benefits are discretionary or are allowed by right. Worcester requested time to redraft the whereas clauses and the noticing requirement. 16 Regular Meeting Aspen Ci,ty Council March 11, 2002 Councilman Hershey moved to continue Ordinances #1 and #2, Series of 2002, to March 12, 2002, at 4 p.m.; seconded by Councilman Semrau. All in favor, motion carried. BUYING DOWN UNIT AT NORTH FORTY Cindy Christensen, housing office, told Council this is a request from the developer of North Forty for funds from the housing office to buy down a townhouse at North Forty being developed for a familY with a disabled child. The housing board supports this request. Ms. Christensen told Council most handicapped units are one-bedroom units. This is a request for $216,000 from the housing daycare fund. Steve Barwick, city manager, said there are policy issues that City Council and the housing board should agree to before any individual requests are granted. Barwick said the city should look at where ADA units are and in what category; is there more demand for ADA units; is this an absolutely unique situation. Barwick said even if Council agrees with this request, there should be a lottery for this unit. councilman semrau noted under ADA requirements, one out Of every seven units in a development has to be ADA accessible. Councilman Semrau said the issues are whether Council is interested in Using $216,000 of housing money to buy down an RO unit to a category ADA unit and that unit should be available in a lottery. The second issue is that the city is being asked for funds for a specific individual because they cannot afford the PriCe. Councilman Semrau said this would set a precedent. John Worcester, city attorney, said using public funds to benefit a private person is not generally authorized under the Constitution. Worcester noted if another individual were to come in with a similar request, Council would have to grant it. Councilman Semrau asked staff to create a list 0f three-bedroom ADA units, what will be available, and if this is a good deal. If the answer is yes, the unit should go through a lottery process. John McBride, North Forty, told Council he has worked with TOdd Grange and is willing to build this unit to meet ADA standards. Todd Grange told Council this will allow him and his son to be part of the community, to be close to the schools and play areas. Ms. Christensen noted the North 40 is 17 Regular Meeting Aspen City Council March 11, 2002 100% affordable housing; there were no free market units in this deveiopm~ntl j~mie Knowlt0n' housing board, told Council this is a special case and he feels the government should intercede in this situatiOn. NOrth Forty is primarilY a family project with lots of children. Council requested staff come back with recommendations on whether a buy down is appropriate to make this an ADA unit. Council agreed if it is appropriate, then the unit should be available by lOttery. Staff told Council they will have policy guidelines w/thin the next month. Councilman HerShey moved tO suspend the rules and extend the meeting to 11:00 p.m.; seconded by Councilman McCabe. All in favor, motion carried. RESOLUTION #20, SE~ES OF 2002~ TemP°rary use ~ AsPen skiing Company Councilman Hershey recused himself. Fred Jarman, community development department, told Council this is a request from the Aspen Skiing Company to have apres ski celebration for 17 days in March and April at the base of the gondola. This is Similar to spring jam held last year and to help increase the vibrancy at the base of the mountain. Jarman told Council the applicant is requesting 17 noise variances for this event. The special events committee reviewed and recommended approval with 3 conditions; 1) the noise variance for 17 days not exceed 100 decibels, which is what it was last year; 2) provide the city attorneY's office with a certificate of insurance for the event; and 3) no commercial banners that do not comply with the city's sign code. The applicants worked with the neighbors and there is a letter of support in the packet. Jarman recommended approval of this temporary use permit finding it meets the standards for a temporary use. Chris Kiley, Aspen Skiing company, told Council the reason for this request is that there is no language in the SPA to allow this type of use in the gondola plaza. Kiley said the Ski Company is working with staff to try and amend the SPA agreement to give them flexibility to have these type of events. Kiley said Spring Jam was a success last year. The Ski Company worked with the neighbors to strike a balance with the impacts on the neighborhood. Kiley noted the Ski Company followed uP to make sure everything from last year was addressed. 18 Regular Meeting Aspen City Council March 11, 2002 Mayor Pro Tern McCabe opened the public hearing. There were no comments. Mayor Pro Tem McCabe closed the public hearing. Mayor Klanderud moved to approve Resolution #20, Series of 2002; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #21~ SERIES OF 2002 - Obermeyer Eligibility for COWOP Chris Bendon, community development department, explained the COWOP (convenience and welfare of the public) reView process was established to provide a coordinated process to come up with a development plan. Bendon showed the area in consideration, where the city-owned parcels are. This area is zoned service/cOmmercial/industrial. Bendon said the idea for this came through the civic master plan process and the infill report. There are some significant community goals that could be achieved through this redevelopment. Some of theSe would be the revitalization of the S/C/I to maintain or get baCk businesses that have moved out of town, underground parking that could meet the needs of other downtown projects, and affordable housing. Bendon said the COWOP establiShes a task force °f affected parties and includes 2 P&Z members, 1 or 2 Council members, the applicant, adjacent property owners, 1 HPC member and 2 citizens-at-large. This resolution outlines the makeup of that task force and the proposed schedule. Staff anticipates a 5 month process with extra time ifa vote on the development is necessary. Bendon Said staff feels this project is eligible for the COWOP process. Klaus Obermeyer, applicant, told Council he feels this is an exciting opportunity to redevelop this Property and asked the City enter into this as parmers in the COWOP process. Leslie Lamont, representing the Obermeyers, showed the existing S/C/I areas within the city] The proposal is to replace the S/C/I square footage with new S/C/I, to add a parking garage underneath, to add N/C square footage, to build affordable housing and free market housing. Ms. Lamont told Council the SCI/NC, parking and affordable hoUsing Will be subsidized to some extent by the free market housing. 19 Regular Meetin~ Aspen Ci,ty Council March 11~ 2002 Ms. Lamont noted a community benefit will be to make this area a better neighbor to the city lands directly adjacent, upgrade the S/C/I space and make it more financially sustainable, add parking beyond the project needs which can be used by the city and by infill projects in the downtown, and Perhaps supply some office space for Use by the city or county governments. Ms. Lamont told Council they plan on using green building techniques and energy saving programs as much as possible. Obermeyer said he sees this as a win/win situation; good for the city; good for the neighbors. Obermeyer said he will try and keep the current renters and schedule the rebuild so the tenants can move from space to space. Mayor Klanderud opened the Public hearing. Robert Zupancis, adjacent property owner, complimented staff and said this feels like a really good process and one in which he wants to participate. Mayor Klanderud closed the pUblic hearing. Councilman Hershey moved to adopt Resolution #21, Series of 2002; seconded by Councilman McCabe. Councilman McCabe suggested a representative from the handicap community be asked if they are interested in participating. Councilman McCabe will be the COWOP representative; these meetings will be posted so that as many Council members as are interested may attend. All in favor, motion carried. Councilman Hershey moved to continue the meeting to March 12, 2002, at 4:00 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Council left Chambers at 10:50 p.m. Ka~3,n S. Koch, City Cler"'k"-- 20 Continued Meeting Aspen City Council March 12, 2002 Mayor Klandemd called the continued meeting to order at 4:05 p.m. with Councilmembers Paulson, MCCabe, Hershey and Semrau present. ORDINANCE #1~ 2002 - Code Amendments Historic Preservation ORDINANCE #2,2002 - Historic Preservation Benefits Amy Guthrie, community development department, told Council that the criteria for designation is more clear, staff is creating supporting documents to shed additional light on that criteria including the scoring system, the existing ordinance requires 15 days notice, this ordinance extends it to 30 days and the notice has to be by registered mail. If there is not confirmation the owner has received this notice, staff will take additional steps to contact the owner. Ms. Guthrie told Council staff will not work on any designations until the supporting documents are complete. Council will see these documents before they are put in use. Ms. Guthrie pointed out ifHPC brings forward a designation and Council finds it does not meet the criteria, the ~ssue will not be brought up again for 5 years. Ms. Guthrie noted there ~s a provision in this ordinance that provides a stay on demolition permits to allow for discussion of designation without immediate threat of demolition. This stay can be enacted by HPC and can be appealed by the property owner. Staff will develop a list of potential properties to be designated, which will be given to the building department. Ifa property owner on this list applies for a building permit, they will be directed to the community development department. Ms. Guthrie pointed out the new whereases added since last night's public hearing. One whereas is to address that a building must be at least 40 years old. Councilman Paulson asked what justification them is for 40 years. City Attorney John Worcester said Council has determined it is the best interest to mandatorily designate properties only in those instances where the structure passes the normal demolition period of 38.5 years. Worcester said the justification discussed by Council was a structure would meet the test of time by exceeding 38.5 years and ifa structure has reached 40 years, the owner may have determined that structure is worthy to be kept in its current condition. Mayor Klanderud noted this is a very disposable society and people do not keep things. In the past there was more respect for properties. Mayor Continued Meeting Aspen Ci~, Council March 12, 2002 Klandemd said 40 years seems irrelevant. Councilman Panlson asked what protection ther~ is that everything won't be torn down when it reaches 39 years old. This will not safeguard the character of Aspen. Councilman Semrau said a lot of structures built in the 1950's may be significant, and this ordinance will insure the city can review these structures before they are demolished. Ms. Guthrie said the existing ordinance does not have a minimum age, nor is staff recommending a minimum age; Ms. Guthrie said she is comfortable with 40 years as a minimum age. Councilman Semrau said if there is no minimum date, Council and staff would have to be wise enough to know if a structure should be preserved the day after it is built. Councilman Semrau said 40 year minimum would give property owners some assurances. Yasmine dePagter told Council she felt 50 years would give residents more time to figure out what to do with their properties. John Kelly said he looked at 6 other historic preservation ordinances and they all have a 50 year minimum. Kelly said he feels 50 years is a defensible number because it is the same as the federal regulations. Kelly said the city's consultant only suggested mandatory programs; voluntary programs were not discussed. Kelly said most people who have been opposing this code amendment have structures built between 40 and 50 years. Mayor Klanderud reiterated when this process started, Council was looking for more objective criteria so property owners would have something to rely on. Through heightened education and awareness of the value of preservation of historic structures, the process will move forward. Mayor Klanderud asked what are the legal issues if a two-year notice is sent out and a property owner is in the middle ora property transaction. Mayor Klandemd said the two-year notice will take an incredible amount of staff time, which could be better spent in education and raising the community's awareness. Ms. Guthrie reminded Council the current code has no age requirement. Ms. Guthrie said Aspen is not trying to copy of communities and is trying to address post World War II properties. Mayor Klanderud said she feels it was the process that was not working, not the regulations. This ordinance adopts major improvements to the process. Julie Ann Woods, community development department, told Council ifa 50 year minimum is adopted, the very important Bauhaus and post WWII structures may be lost. Mayor 2 Continued MeefinR Aspen City Council March 12, 2002 Klanderud said the point ora historic,preservation program is that the best is saved, not every single structure. Councilman Semrau said creating a minimum age limit creates breathing room for the citizens. Councilman Semrau agreed 50 years is standard; however, Aspen is unique m~d in the 40 to 50 year range, there are very important structures that have not been investigated. Councilman Semrau agreed how the city looks at structures under consideration needs to be fair. The rationale for the 40 year age requirement is because of the unique time slot in Aspen that needs to be looked at fairly; this does not mean that every property will be historically designated. Councilman Paulson said if there is no minimum age, structures will be judged more fairly because age will not be a consideration. Councilman Semrau pointed out the national 50-year criteria represents a test of time for people to step back and to decide whether a structure deserves preserving. Councilman Semrau said Aspen is not a lineal community and has a different type of development time line. The period between 40 and 50 years is very unique and it not has yet been understood. Ms. Guthrie reminded Council buildings less than 50 year can be listed if the property is · significant or exceptional. Kelly said the city should be conservative with people's property and should look at what is being done in the rest of the country. Councilman Paulson said historic preservation is protecting the character of Aspen. Ms. Guthrie pointed out the ordinance allows a property owner with a structure less than 40 years to apply for designation. In a historic district, only a majority of the properties have to meet the requirements. Ms. Guthrie showed Council the notice provision, which requires a two-year notice to property owners that their structure may be eligible for designation. Ms. Guthrie said staff is concemed about legal issues as well as sending notices to people whose property does not have a chance in being designated. Ms, Guthrie said the assessor's office can do a property search based on age ora structure. Them are 40 buildings on a list of 38 year old structures. Councilman Semrau said he feels it is the city's duty to let property owners know as much as possible. If they tear the structure down, that is their property right. Mayor Klanderud said she fears unintended consequence of this two-year notice, people contacting lawyers, having to spend money. 3 Continued Meeting Aspen City Council March 12, 2002 Mayor Klandemd suggested when staff feels a property is of tree historic value, they contact the property owners and work with them. Mayor Klanderud said this two year notice will cause mass reactions from property owners as happened two years ago with the list of post WWlI properties. Councilman McCabe said the two-year notice provision will give property owners a chance to work with staff and to make a decision on their structure rather than feel like they are up against an immediate deadline. Councilman McCabe said the two-year notice is an extra step in fairness to property owners. Councilman Semrau agreed this is a good faith attempt to let the citizens know what's coming up so they have adequate time to make a thoughtful decision. Councilman Semrau moved to adopt Ordinances #1 and #2, Series of 2002, with the changes provided by staff; seconded by Councilman Hershey Councilman Hershey asked if the two year notice is a benefit for property owners. John Kelly said it is a good thing. Worcester said there is the concern that giving two years notice will raise the red flag for some property owners; however, giving people as much notice and information is a good thing. Mayor Klanderud said the code amendments correct some problems in the existing regulations; however, there are some aspects of it that may confuse things. Mayor Klandemd said city staff could better spend their time promoting historic preservation rather than dealing with riled up citizens. Mayor Klandemd said staff should know in advance which structures they are interested in preserving. Councilman Hershey said there will be a report from staff on this ordinance and its effects in 12 months. Councilman Semrau called the question. All in favor, motion carried. Worcester requested to add some new whereases, which he read [o Council. Councilman Semrau moved to amend his motion to include whereases as crafted by the city attorney; seconded by Councilman Hershey. Roll call vote; Councilmembers Paulson, no; McCabe, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, no. Motion carried. Councilman McCabe moved to adjourn at 5:20 p.m. seconded by Councilman Paulson. All in favor, motion carried. 4