Loading...
HomeMy WebLinkAboutminutes.council.19970113Asoen City Council Regular Meetin~ January 13, 1997 ASPEN PUBLIC FACILITIES ANNUAL MEETING John Bennett, president, called the annual meeting or the Aspen Public Facilities to order at 5:05 p.m. with Terry Paulson, Georgeanne Waggaman, Rachel Richards and Kathryn Koch present. Max Marolt and Doug Smith were absent. Richards moved to approve the minutes of January 8, 1996; seconded by Paulson. All in favor, motion carried. There were no reports or communications or any flirther business. Paulson moved to adjourn at 5:07 p.m. seconded by Richards. All in favor, motion carried. COUNCIL MEETING Mayor Bennett called the meeting to order at 5:07 p.m. with Councilmembers Paulson, Waggaman, and Richards present. CITIZEN PARTICIPATION 1. Fred Peirce brought up the use of magnesium chloride on the streets. Peirce said this is causing very slushy show and it does not help pedestrians or bicyclists. If Council is serious about alternate forms of transportation, they should reconsider the use of magnesium chloride. Peirce said he is convinced this is not good for the rivers either. Amy Margemm, city manager, said she has asked for a report from the streets department on the use of magnesium chloride so Council can review it. Ms. Margemm suggested a discussion with people from different viewpoints so all the impacts can be brought up. Ms. Margemm said the city uses as little magnesium chloride as possible. There are advantages and disadvantages to this use. Mayor Bennett said the difference is with magnesium chloride there is no dirt and sanding. Mayor Bennett said he is open to having the street superintendent to a brown bag lunch and going over this again to see if there are new issues and to refresh everyone on the topic. Mayor Bennett said there may be some technology changes. Asoen City Council Regular Meetin~ January 13, 1997 Councilman Pattlson said if this community hopes to promote alternative forms of transportation, they need to address the state of the streets. Councilman Paulson said all Council members should ride their bicycle in the snow. Councilman Paulson said the answer may be more plowing. Mayor Bennett said the use of magnesium chloride has cut the sanding about 2/3s. Mayor Bennett said sanding the streets help cut down on accidents. Then the city had a huge PM 10 problems because of the sanding. The use of magnesium chloride has had a positive effect on the air. Randy Ready, assistant city manager, told Council the streets department puts the magnesium chloride down before the ice can adhere. In this particular instance, it was raining, turned to ice and then started to snow. Council agreed to review this at the next brown bag lunch. COUNCILMEMBER COMMENTS 1. Councilwoman Richards reported on the CAST meeting in Avon. The rural transportation district was unanimously supported by all 21 municipalities. Councilwoman Richards said CAST also discussed the ISTEA legislation and gasoline taxes. Councilwoman Richards said she is going to the Club 20 meeting later this month to discuss transportation and legislative issues. 2. City Manager Margerum reminded Council of the board interviews tomorrow at 4 p.m. in the Sister City room. The Cozy Point work session has been put off until March 4 at 4 p.m. CONSENT CALENDAR Councilman Paulson moved to read Ordinances 1, 2, and 3, Series of 1997; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #1 Series of 1997 2 Asoen City Council Regular Meetin~ January 13, 1997 AN ORDNANCE OF THE ASPEN CITY COUNCIL DESIGNATING 17 QUEEN STREET, A METES AND BOUNDS PARCEL OF LAND BEING PART OF TRACT 40, EAST ASPEN ADDITION TO THE CITY OF ASPEN AS "H" HISTORIC LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE ORDINANCE #2 Series of 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN REZONING SPECIFIC PROPERTIES FROM LODGE PRESERVATION TO UNDERLYING ZONING ORDINANCE #3 Series of 1997 ORDINANCE OF THE CITY COUNCIL, CITY OF ASPEN, COLORADO, AMENDING THE ADOPTION OF THE ASPEN/PITKIN COUNTY HOUSING OFFICE 1996 AFFORDABLE HOUSING GUIDELINES AS APPROVED BY ORDINANCE NO. 22 (SERIES OF 1996) AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY were read by the city clerk Councilwoman Waggaman said she would like Ordinance #3, Series of 1997 taken off. Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: Minutes - December 9, 16, 1996 Resolution # 1, Series of 1997 - Posting of Public Meetings Ordinance # 1, Series of 1997 - Historic Designation 17 Queen Street Ordinance #2, Series of 1997 - Lodge Preservation Rezonings Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. 3 Asoen City Council Regular Meetin~ January 13, 1997 Councilwoman Waggaman said she has a problem shortening the length of time a person has to live in a housing complex before they have priority to move into a larger unit. Councilwoman Waggaman said she would like this addressed at second reading. Councilwoman Waggaman moved to adopt Ordinance #3, Series of 1997, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #46, SERIES OF 1996 - Code Amendment Definition - Commercial Lodge Stan Clauson, community development director, told Council this ordinance seeks to amend the definition of lodge to include properties zoned CL as well as those zoned LP. Clauson reminded Council in 1996, the city adopted an ordinance to create a level playing field for owners of lodges zoned LP by giving them the ability to convert to other uses or to expand the lodge use. The applicant, Si Kelley, requested that this definition apply to all lodges to allow for inclusion of kitchens and short term rentals. Clauson said staff did not want the definition apply to properties not zoned LP. The applicant's property is zoned CL and allows commercial uses at the street level and lodge accommodation on all other stories. The lodge use is restricted to units without kitchens. The Noah of Nell and Aspen Square are the only other properties zoned CL. Clauson reminded Council they requested staff to investigate the concept of vertical zoning to allow different zone districts on different levels of a building. Staff felt revising the new lodge definition to include buildings in the CL zone would be more appropriate to meet this applicant' s concerns. P & Z voted unanimously to approve this text amendment. Clauson said the uses within the CL zone district will remain the same and will not create additional impacts on neighbor properties. The only properties zoned CL are the Buckhorn, Noah of Nell and Aspen Square. The units in the latter two already contain kitchens. This amendment will bring these two lodges into compliance under the new lodge definition. Staff recommends adoption of this amendment. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 4 Asoen City Council Regular Meetin~ January 13, 1997 Councilwoman Waggaman moved to adopt Ordinance #46, Series of 1996, on second reading; seconded by Councilwoman Richards. Councilwoman Richards suggested the staff continue to examine vertical zoning because it has a lot of merit for the entire town, especially in the commercial core. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #45, SERIES OF 1996 - Code Amendment Open Space Amy Amidon, community development department, told Council in the commercial core 25 percent of one's lot area must be open. P & Z has the ability to reduce this but one must then pay cash-in-lieu. This proposal is for historic landmarks to not require either open space or cash-in-lieu. Staff and P & Z are recommending against this code amendment for several reasons. Ms. Amidon noted most projects provide open space because cash-in-lieu is another development cost. Eliminating cash-in-lieu may take away from the parks department ability to provide open space. Ms. Amidon said she would like to see as many incentives in place to provide open space in historic sites. Sunny Vann, representing the applicant, said there are some competing objectives, provision of open space and preservation of historic landmarks. Vann said this code amendment stems from a need of the Isis theatre. Vann said the land use code allows variation in the underlying zone district as a historic preservation incentive. The parking requirement in the CC zone may be reduced or waived and the applicant must pay cash-in-lieu parking to the city. If it is a historic structure, P & Z can waive or reduce the parking requirement and the owner does not have to pay the cash. A historic structure has a double incentive. For the open space requirement, P & Z may reduce the amount of space required or waive it entirely. If it is reduced or waived, an applicant must may a cash-in-lieu payment to the city. The amount is not a fixed fee but is based on the appraised value of the land. The cash-in-lieu for waiving open space is much greater than for parking. Vann noted there is also a provision that if the open space is associated with a historic structure, P & Z may reduce or waive the open space requirement and also waive the cash-in-lieu. This is narrowly defined. Vann presented a drawing to explain this code provision. This provision was written for the Katie Reed project Asoen City Council Regular Meetin~ January 13, 1997 at Hopkins and Monarch, which included moving a historic structure on the site and building a development behind it. Vann proposed a code amendment which would give P & Z another option for open space. The Isis proposes a small addition on the east of the building for entry, stair tower, handicap access and is in a portion of the required open space for the building. The Isis cannot be tom down and moved on site and the only place to accommodate the expansion is to the east and P & Z is allowing an 19 percent reduction in open space. This is not a relocation of a historic landmark into open space but expansion into open space and the applicant will owe the city $250,000 for this open space reduction. Vann suggested the code be amended to read the open space is waived when a historic structure is relocated or expanded into required open space. Vann said this is consistent with the way the parking requirements are treated in the code. This would only occur for historic stntctures and only in the CC zone district. Vann said there are not a lot of historic structures in the commercial core with vacant lots adjacent to them. The site plan consideration will always be reviewed by HPC and P & Z. Vann said he feels this would increase the viability for large historic preservation projects which bear an inordinate expense for the expanded commercial area it gets. Sam Houston, representing the project, told Council they feel strongly about keeping the Isis a theatre. There are very high costs in saving a historical facade. Houston said buying the land and then paying for the open space is like buying the same land twice. The addition will be set back and give a visual break to the historic structure. HPC and staff did not want this to mimic the historic facade. Councilwoman Richards asked if the applicants were aware of this code requirement when the property was purchased. Vann said they were; however, they did not have the numbers nor how much they would be encroaching into the open space. Vann said if they could have provided more open space and still meet the fitnctional needs of the building, they would have done that. Vann said they are providing 6 percent of the required open space. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 6 Asoen City Council Regular Meetin~ January 13, 1997 Councilwoman Richards said she is sympathetic to this project and to what the developers are trying to accomplish. However, because of the implications to other historic structures in the downtown, she cannot support this code amendment. Councilwoman Richards noted there is no guarantee this structure will remain a theatre. However, it can become any approved commercial use. This amendment would encourage maximizing the site for other historic structures. Councilwoman Richards said the purchase price of properties is a fitnction of zoning restrictions, Councilwoman Richards said if some of these mitigations are taken away, this will escalate the price of the properties. Councilwoman Richards said in the example of the Katie Reed buildings, waiving the open space fee was to cover the cost of relocation of the historic building. Houston suggested if the cash-in-lieu were waived for this particular building, and if the use changes, the cash-in-lieu could be paid at that time. Houston pointed out they are putting in $1 million in theatre equipment, raked floors. This will not convert easily to a retail use. They have 25 foot high ceilings with no income from these spaces. Councilwoman Richards said this code amendment is not specific to the Isis theatre but would apply to every historic landmark in the downtown. This amendment would have a high impact on the open space fitnd. Councilwoman Waggaman said this use is a community use and there may be some consideration for something that is for the common good; however, she would like to look at the ramifications of that. Councilwoman Waggaman said she would entertain some relief for the common good and the money be paid back if this changes use and paid back at the then current value. Councilman Paulson asked if there is a way to do something for just this project and not adopt an amendment that would affect the entire city. Vann said one issue is whether applicants should have to pay for the same property twice. Councilwoman Richards said she would be willing to deduct the open space expanded into for handicap access because it is a requirement of this structure to be brought up to code. Councilwoman Richards said doing some relief based on the use of the building would be too arbitrary. Vann said maybe the problem is how the cost for this open space cash-in-lieu is calculated. The more commercial space is expected to offset this cash-in-lieu; however, not that is not the case in this particular situation. 7 Asoen City Council Regular Meetin~ January 13, 1997 Councilwoman Waggaman said she would be willing to table this and let staff look at various issues raised at this meeting, including paying this fee over several years. Ms. Amidon said she will get together the list of other properties that will be affected by this amendment. This building has been a theatre for over 50 years, which is mentioned in the code as historically significant. Mayor Bennett said he would side with P & Z and staff against this amendment. The staff report notes that about half the core area would be affected and this would have a large impact on the open space fitnd. Mayor Bennett said the city has a tradition of asking commercial development to pay its share of open space preservation. Mayor Bennett said there is a difference between relocating and expanding a historic building. P & Z stated that open space is as important to this town as affordable housing and character. Mayor Bennett said this building has already had incentives granted to it. Mayor Bennett said this is a great project and he also would like to investigate some other ways to address this. Mayor Bennett said staff should review the value being charged for this open space. Mayor Bennett said he is sympathetic to the idea of rewarding the continuation of historic use. Mayor Bennett said this is a greater cause for waiver than others. Councilwoman Richards agreed with looking at paying this fee over time. Councilwoman Waggaman asked if this building used all of its FAR. Vann said the underlying FAR in the CC zone is 1.5:1 and can go up to 2:1. This project requested a FAR bonus to provide the on-site housing. The project is less than 2:1 and may be 1.7:1 Councilwoman Richards moved to continue Ordinance #45, Series of 1996, to January 27; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #42, SERIES OF 1996 - Vested Rights Extension - WinWin LLC/Kastelic Property Councilwoman Waggaman moved to continue Ordinance #42, Series of 1996, to January 27; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #6, SERIES OF 1996 - Development of a Regional Transportation Strategy Randy Ready, assistant city manager, presented a joint resolmion proposed to be approved by the 3 counties and 9 municipalities in the region between Aspen and Asoen City Council Regular Meetin~ January 13, 1997 Parachute. This resolmion supports the regional transportation district enabling legislation and the efforts of the transportation round table. Ready told Council Russell George has agreed to sponsor legislation regarding transportation district. This resolution was discussed at the transportation roundtable meeting in November. Basalt, Rifle, Parachute, and Snowmass Village have approved this resolution. Ready suggested this resolution could be stronger and more supportive of the valley wide rail process, the acquisition of the rail corridor, the completion of the investment and environmental studies and solicitation of fitnding from government and private sources. Amy Margemm, city manager, said this resolution is very general and has already been passed by 4 municipalities so it should not be amended now. Ms. Margemm said if the communities are going to go for federal fitnding, a resolution of support for valley wide rail is needed from all the governments. It would be better to do a separate resolution. Councilwoman Richards agreed with passing this resolution; the state legislature is in session and they only meet for 90 days. Councilwoman Richards said she supports another resolution for the next Council meeting. Councilwoman Richards suggested a less legally worded resolution that could be circulated to non-governmental entities throughout the valley to get their support. Mayor Bennett suggested these drab resolutions be circulated at the next roundtable meeting and include environmental, social and congestion reasons for valley wide transportation. Councilwoman Waggaman moved to adopt Resolution #6, Series of 1997, and directed staff to draft another resolution as outlined; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #2, SERIES OF 1997 - Tattoo Parlor Temporary Use Permit Mary Lackner, community development department, passed om a revised resolmion based on comments received from the environmental health department. Ms. Lackner told Council this is a request to locate in the S/C/I zone district for 6 months. Ms. Lackner told Council staff is researching the S/C/I and NC districts to see what type of uses exist there, if any are in excess of the code, and if there should be any modifications. Ms. Lackner said there is some eroding of the uses in this zone. Ms. Lackner said staff feels this is an appropriate request for a temporary use. 9 Asoen City Council Regular Meetin~ January 13, 1997 Councilwoman Richards moved to adopt Resolution #2, Series of 1997, as amended including compliance with state regulation 10; seconded by Councilman Paulson. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. All in favor, motion carried. RESOLUTION #3, SERIES OF 1997 - Stillwater (Silver Lining) Annexation John Worcester, city attorney, reminded Council this annexation was on Council' s agenda in November and it was determined that the petition meets all statutory requirements for annexation. The state statutes require a public hearing to go through findings of fact for each property. The city clerk reported the annexation has been noticed and the appropriate governments were notified by certified mail. The engineer reported the contiguity requirements have been met. This is consistent with the AACP; it has not been divided into separate parcels for the purpose of annexation; and no election is necessary. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to approved Resolution #3, Series of 1997, based on the findings presented at this meeting; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #4, SERIES OF 1997 - Hallam Lake Annexation John Worcester, city attorney, reminded Council this annexation was on Council' s agenda in November and it was determined that the petition meets all statutory requirements for annexation. The state statutes require a public hearing to go through findings of fact for each property. The city clerk reported the annexation has been noticed and the appropriate governments were notified by certified mail. The engineer reported the contiguity requirements have been met. This is consistent with the AACP; it has not been divided into separate parcels for the purpose of annexation; and no election is necessary. The area is a nature preserve and the owners have consented to annexation. 10 Asoen City Council Regular Meetin~ January 13, 1997 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson asked if there will be any change in the use of Hallam Lake. Stan Clauson, community development director, said staff is looking at zoning this parcel academic because it allows for conservation as well as teaching uses. Mayor Bennett said the property will have to meet the restrictions in the covenants when this was made a gift by Mrs. Paepcke. Councilman Paulson moved to adopt Resolution #4, Series of 1997, seconded by Councilwoman Waggaman. All in favor, motion carried. RESOLUTION #5, SERIES OF 1997 - DEPP Consulting Contract Stan Clauson, community development director, told Council staff is recommending Design Workshop for the consulting work for the downtown enhancement and pedestrian plan for a fee of $105,000. This has been reduced from $170,000 to $134,000 to the current rate. Clauson said this contract includes a public participation process for alternatives in the commercial core. This will be incorporated in a revised commercial core element for the AACP. Clauson noted Council has appropriated $45,000 in 1996 and $15,000 ion 1997 in the asset management plan. The difference in amount will need to be appropriated by Council. Councilman Paulson said he would like the possible trolley rome taken into account in this planning process. Clauson said there was a representative on the DEPP who was associated with the trolley group. City Manager Margemm reminded Council there is no fitnding for implementation of this plan. That will be part of fitture discussions with Council. Councilwoman Richards moved to adopt Resolution #5, Series of 1997, and requests the appropriation come back to Council with additional fitnds to be allocated from the general fitnd fitnd balance; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards said she would like to see a list of the citizens participating in the DEPP. 11 Asoen City Council Regular Meetin~ January 13, 1997 Councilwoman Richards moved to go into executive session at 7:30 p.m. for the purpose of potential property acquisition; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to come out of executive session; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Waggaman moved to adjourn at 8:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 12 Asoen City Council Regular Meetin~ January 13, 1997 ASPEN PUBLIC FACILITIES ANNUAL MEETING ............................................1 COUNCIL MEETING ............................................................................................1 CITIZEN PARTICIPATION ...................................................................................1 COUNCILMEMBER COMMENTS .......................................................................2 CONSENT CALENDAR ........................................................................................2 Minutes - December 9, 16, 1996 ..........................................................................3 Resolution # 1, Series of 1997 - Posting of Public Meetings .................................3 Ordinance # 1, Series of 1997 - Historic Designation 17 Queen Street ..................3 Ordinance #2, Series of 1997 - Lodge Preservation Rezonings ............................3 ORDINANCE #46, SERIES OF 1996 - Code Amendment Definition - Commercial Lodge ......................................................................................................................4 ORDINANCE #45, SERIES OF 1996 - Code Amendment Open Space .................. 5 ORDINANCE #42, SERIES OF 1996 - Vested Rights Extension - WinWin LLC/Kastelic Property .............................................................................................8 RESOLUTION #6, SERIES OF 1996 - Development of a Regional Transportation Strategy ...................................................................................................................8 RESOLUTION #2, SERIES OF 1997 - Tattoo Parlor Temporary Use Permit ......... 9 RESOLUTION #3, SERIES OF 1997 - Stillwater (Silver Lining) Annexation ....... 10 RESOLUTION #4, SERIES OF 1997 - Hallam Lake Annexation .........................10 RESOLUTION #5, SERIES OF 1997 - DEPP Consulting Contract .......................11 13