HomeMy WebLinkAboutminutes.council.19980223Asoen City Council Regular Meetin~ February 23, 1998
Mayor Bennett called the meeting to order at 5:09 p.m. with Councilmembers
Vickery, Paulson, Richards and Markalunas present.
SHIMAKAPPU EXCHANGE STUDENTS
Mayor Bennett and Council welcomed 10 middle school students and 2 teachers on
an exchange visit from Shimakappu, Japan. The students introduced themselves and
exchanged presents with Council.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor Bennett and Council presented fourth quarter bonus awards to Rebecca
Hansen - recreation department; Jodi Tankersly, Sara Samuel and Tina Gomez -
personnel department; and Nancy MacKenzie and Mary Woods - environmental
health department.
CITIZEN COMMENTS
1. Jackie Morales presented a resolution honoring Claire Sanderson and all her work
for Aspen and Pitkin County.
Councilwoman Richards moved to direct staff to prepare a proclamation to honor
Ms. Sanderson and to declare February 24 to be Claire Sanderson day in Aspen;
seconded by Councilman Markalunas.
Councilwoman Richards said in this community one person can make a difference
and you can see that difference. Ms. Sanderson has made a difference to a lot of
people and organizations over the years. Councilman Markalunas said Ms.
Sanderson has been a role model for what people strive to do in Aspen.
All in favor, motion carried.
COUNCILMEMBER COMMENTS
1. Councilwoman Richards said she will be attending the CAST legislative
session March 19 in Denver if other Council members are interested in attending.
Asoen City Council Regular Meetin~ February 23, 1998
2. Councilwoman Richards moved to continue Proposal for Cozy Point ranch
and Resolution #15, 1998 - RFTA IGA Board Members to March 9; seconded by
Councilman Vickery. All in favor, motion carried.
3. City Manager Margerum requested Council add to the agenda a discussion of
the lottery for the last Water Place housing unit. This will be at the end of the action
items.
CONSENT CALENDAR
Councilwoman Richards moved to read Ordinance #5, Series of 1998; seconded by
Councilman Paulson. All in favor, motion carried.
ORDINANCE #5
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE 1995 EDITION OF THE "MODEL TRAFFIC
CODE FOR COLORADO MUNICIPALITIES", BY THE REORGANIZATION
OF SUBSECTIONS was read by the city clerk
Councilman Paulson moved to adopt the consent calendar as amended; seconded by
Councilwoman Richards.
Councilman Markalunas requested Resolmion #13, 1998, Water Place Housing
Sales Contracts be taken off the consent calendar. This will be discussed at the end
of action items.
The consent calendar is:
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Asoen City Council Regular Meetin~ February 23, 1998
· Minutes - February 9, 1998
· Resolution #12, 1998 - Sale 0.33 Acres of Cozy Point to County
· Ordinance #5, 1998 - Amending Model Traffic Code; Reorganization of Sections
· Resolution #14, 1998 - Parks Equipment Purchase Contract
· Addition of Youth Soccer to Recreation Programs
· City Employee Volunteer Day
All in favor, motion carried.
ORDINANCE #2, SERIES OF 1998 - Code Amendment RMF Zone District
Amy Guthrie, community development department, showed where in the city the
RMF zone district is located and also slides showing examples of duplexes and
single family structures built recently in Aspen. Ms. Guthrie also showed two
detached dwellings being built on 6,000 square feet.
Ms. Guthrie told Council she has amended the ordinance since first reading to
clarify language that was confitsing. The FAR for two detached dwellings will be
the same as would be allowed for a duplex. There is no increase in floor area. Staff
recommends allowing sideyard setbacks to be reduced between the two new
buildings but that there should be no reduction in the sideyard between the exterior
buildings. Ms. Guthrie said staff does not feel this is reducing a benefit available to
historic landmarks but is increasing something that is desirable in general. Staff is
not recommending this code amendment apply to other zone districts.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilman Vickery noted that when historic projects have this benefit, they also go
through design review with HPC. There will be no design review with this code
amendment. Ms. Guthrie said the various options with the setbacks are (a) to allow
both setbacks and distance between buildings to be reduced by right; (b) to allow
the sideyard setbacks and distance between buildings to be reduced by special
review by DRAC; and (c) not to allow side yard setbacks be reduced but to allow
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Asoen City Council Regular Meetin~ February 23, 1998
the distance between buildings be reduced by right. Ms. Guthrie said this is a
compromise and an incentive and design review is not needed.
Councilman Markalunas said the slides illustrate what would be allowed by this
flexibility. Councilman Markalunas said option c addresses his concerns from first
reading. Councilman Paulson said he is concerned about energy consumption and
loss of energy by not sharing walls. Councilwoman Richards suggested addressing
this concern through revisions to the energy code. Councilwoman Richards said she
feels option c is a good compromise, allows flexibility and protects the neighbors.
Mayor Bennett said he likes this revision of the ordinance and supports option c.
Mayor Bennett said he likes the character of small houses on 3,000 square foot lots.
Mayor Bennett said he would like to address the FAR as .9 an FAR is too large and
the houses cover almost the entire lot at that FAR.
Alice Davis, representing the applicant, said if there are two 3,000 square foot lots,
the duplex FAR split into two homes is 1800 square feet which is a smaller FAR
than two single family houses with separate FAR. The 3 foot setback allows more
flexibility and creativity in the design of the houses which will benefit everyone.
Ms. Davis said the extra 2 feet is especially critical inside the units. Ms. Davis said
option "a" would allow more flexibility. Ron Kanan said this option allows a
shorter, wider house. The structure may be closer to the neighbor but for a shorter
distance. Kanan said if you take 4 feet out of the width of a house, it may make a
duplex a better option. City Attorney Worcester suggested seeking a Board of
Adjustment variance. Ms. Davis said the Board of Adjustment can only approve
variances for hardship. Councilwoman Richards suggested continuing this as the
code amendment is for the entire zone yet one specific lot is being addressed.
Councilwoman Richards said one thing important to her is posting of any variance
hearing so that the neighbors are adequately notified.
Ms. Guthrie noted that this would be a permitted use in the RMF zone. Councilman
Vickery pointed out currently with a 6,000 square foot lot, there is a combined
sideyard requirement of 15 feet total. Councilman Vickery said this ordinance
would decrease that to 5 feet each side. Councilman Vickery said he feels 5 feet
setback is absolute minimum between 2 properties. Councilman Vickery said he
does support two smaller stntctures but does not support going below 5 feet
between stntctures, internal or external. Councilman Vickery said he would like the
distance between buildings 10 feet and to have relief from the total sideyard setback
of 15 feet. Ms. Guthrie said she thought the combined sideyards setback in this
zone was 10 feet; in fact it is 15 feet. Mayor Bennett said he supports option "c"
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Asoen City Council Regular Meetin~ February 23, 1998
and protecting the oreside neighbors and trusting that the property owner will design
a livable space. Councilman Vickery said the 5 foot setback is a standard
throughore the town. Councilman Vickery said he would support allowing
flexibility through special review at P & Z bm would not approve it as a use by
right.
Councilman Markalunas moved to adopt Ordinance #2, Series of 1998, on second
reading as amended with option "c"; seconded by Mayor Bennett.
Roll call vote; Councilmembers Paulson, no; Vickery, no; Markalunas, yes;
Richards, no; Mayor Bennett, yes. Motion NOT carried.
Councilman Vickery reiterated he supports the general idea of the code amendment,
to create small single family residences using the duplex FAR but does not find the
space of less than 10 feet between units reasonable or fitnctional separation.
Councilman Vickery said he would be willing to support a code amendment with
flexibility through design review. Councilwoman Richards said she, too, supports
smaller residences and would like to look at options of flexibility through design
review.
Councilwoman Richards moved to continue the discussion on this to the next
meeting to get more clear diagram and understanding of the options to reduce the
total side yard setbacks from 15 total to 5 feet on each side and options related to
design review committee to look at varying the internal setback to the two buildings
internal to the project and to look at any other options for incentives for people to
build single family houses on duplex lots.
Motion DIES for lack of a second.
Councilwoman Richards moved to reconsider the previous vote; seconded by
Councilman Vickery. All in favor, motion carried.
Councilwoman Richards moved to continue second reading of Ordinance #2, 1998,
to March 9 with the direction to staff to bring back more clearly stated options
related to eliminating the averaged 15 foot sideyard setbacks, looking to establish 5
yard setbacks on the two sides with design review options to minimize the internal
setbacks between the 2 buildings to encourage single family homes on duplex lots;
seconded by Councilman Vickery.
Asoen City Council Regular Meetin~ February 23, 1998
John Worcester, city attorney, noted that any change in the 15 foot total sideyard
setbacks should apply only to detached dwellings on duplex lots as this change was
not presented at the public meeting. Mayor Bennett asked staff to give their opinion
about spreading this to more zone districts at the next Council meeting.
All in favor, motion carried.
INDEPENDENCE PASS PLAZA CITIZEN TASK FORCE
RECOMMENDATION AND SCHEDULE WORK SESSION
Bob Nevins, community development department, reminded Council the purpose of
the committee was to answer the question - is this concept of a mixed use
redevelopment project and public parking garage appropriate at this location; and is
there sufficient community benefit for the city to proceed with public fitnd and
preparing a land use application. Nevins recommended staff and the citizen review
committee meet with Council in a work session to understand the current proposal
and options.
Nevins told Council the proposal is comprised of the City Market and Bell
Mountain sites and includes 2 below grade levels of parking with 228 spaces; a
below grade City Market of 26,000 square feet, 22,000 square feet of NC/NC+
space, 25,000 square feet of free market multi-family and 16,470 square feet of
affordable housing on the second and third levels. The FAR would be 1:1 with
.35:1 bonus to allow for affordable housing.
Nevins said there were 16 members with a range of interests on the committee,
which met 3 times in December and January. The majority of the committee feel
that if the plan can be modified to create real long-term community benefits, then
public fitnds would be warranted. However, the committee feels the current plan is
not acceptable. The reasons for this is that the amount of parking required for the
commercial uses is underestimated. Mitigating affordable housing for only 60
percent of the new net leasable is not meeting the overall housing program. Some
members wanted to see all employees housed on site. Some other comments were
to use zoning regulations rather than deed restrictions to control the commercial
rental rates, that the services inside the grocery store may be limited so as not to
compete with other small businesses in Aspen. Nevins told Council one of the
partners reviewed the committee' s findings and is general agreement. Nevins said
with the current proposal, the committee feels there is not enough public benefit to
proceed with it.
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Asoen City Council Regular Meetin~ February 23, 1998
Molly Campbell noted the project has to have city participation to guarantee
affordable housing. Ms. Campbell said the community is at a critical juncture with
affordable housing. If the city does not want to do this project, they should walk
away and let 2 private businesses redevelop their property. Peter Guy said all
partners have to be satisfied with the configuration. Guy said the city should not be
happy about this particular configuration,
Susan Welch said she is concerned there may not be enough parking with the added
commercial and employee housing uses. Bruce Nether said creating more
commercial space seems to be creating more jobs. Nether pointed out there are
many, many job openings in Aspen. Also only providing 60 percent of the housing
seems to be increasing the housing problem.
Councilwoman Richards thanked the citizen' s committee for giving their time and
thoughts. Councilwoman Richards said she supports the process to this point. Any
project needs to fit within the current city code, which requires employee housing
mitigation at 60 percent. Currently there is not a mechanism to require 100 percent
mitigation. Also, businesses get credit for existing employees. The amount of
parking in the proposal was negotiated with the existing businesses.
Council scheduled a work session on this project for April 7 at 4 p.m.
NORTH FORTY PRESENTATION
Tom Baker, representing the applicant, showed Council an aerial photograph with
the location of the North Forth. Richard Seidorf, architect, presented a model
showing the project, how it will be a pedestrian-oriented community. Seidorf also
showed how this project fits with the existing Airport Business Center, with the trail
system and with fitture development.
Seidorf said the lots will be narrow, 35 to 55 feet wide. There will be a 2200 square
foot maximum build out with an 1100 square foot footprint. There will be height
and proportional restrictions, and covenants to address character issues. Seidorf
showed the CMC campus location and the property east of the development which
is not yet planned. Amy Margerum, city manager, said the area not included in the
Noah Forty seems important to the overall plan. Baker said the zone is AF 10 and
it would be a non-conforming parcel. Baker said the whole area will be rezoned
affordable housing and this parcel has an overlay to identify it as accessory
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Asoen City Council Regular Meetin~ February 23, 1998
commercial. There will be an application process for growth management or for
anything planned there.
The soccer field will remain; however, it may be used as something less active.
Baker said the open space is met without the soccer field. Baker said the control
over this field will be with the homeowners; this will be private open space.
Councilman Paulson asked why this project is all resident occupied units when the
need in the community is for category 1 and 2 units. Councilman Paulson asked
why more townhomes have not been incorporated. John McBride, applicant, said
this project was originally submitted as a 30/30/40 project almost 3 years ago. At
that time, the staff requested a RO project. McBride noted if you include at the
existing housing at the ABC, it becomes a mixed development. Councilwoman
Richards said there is also the issue between sweat equity and the housing program
as well as the actual home construction costs and the first sales. Councilwoman
Richards said the housing board is addressing these issues. Councilman Markalunas
said he feels factoring in sweat equity is important. Ms. Margemm asked if there is
public access through the project to the river. Baker showed on the model the
walking street to the river and the existing trail to the river. These will be available
to the general public.
Chuck Brandt told Council the applicant needs to be able to tell the county
Commissioners that water will be supplied. Brandt said McBride feels he has water
under an existing 1969 water contract with the city. Brandt pointed out there is no
exhibit A attached to the 1969 contract. This exhibit apparently shows specific
water lines going into this project. Brandt noted the contract has two provisions
that talk about what was contemplated at that time. One provision deals with
abutting properties and connection to the water mains for "McBride' s abutting
lands".
Another provision states, "It is anticipated that additional distribmion lines may be
constructed connecting to the transmission line, which lines will likewise be owned,
operated and controlled by the City of Aspen". Brandt told Council McBride
proposed an 8 inch water line and the city required this line be a 24 inch line and
paid the difference. Brandt said that is what the missing exhibit A was to illustrate.
McBride said at that time, there was no water service to the Airport Business Center
and he had to pay to get water there. The city required loops through the area
because McBride had options on abmting property.
Asoen City Council Regular Meetin~ February 23, 1998
Brandt said if the city does not agree that there is an existing water contract,
McBride needs to table the application and reconsider his options, or to go to court
to enforce the water contract, or seek out alternative water sources that could be
developed into a private water system. Worcester asked if the applicants would be
willing to enter into a new water service agreement. Brandt said if this includes the
annexation provision and not additional extension fees, then they have no problem
with a new agreement. Brandt said the tap fees of the individual homes will be the
usual tap fees and will be paid. The tap fee he referred to are from the applicant.
WATER PLACE HOUSING LOTTERY
Steve Barwick, assistant city manager, told Council there is one unit left at Water
Place. This is a three-bedroom, category 4, unit costing $214,000. Barwick said
there are no employees left on the emergency response or department head list who
are interested in this unit. Barwick said staff would like permission to do a lottery
for all other city employees and other non-city emergency response personnel.
Barwick suggested the lottery be open to the fire department, Mountain Rescue
volunteers and communications as long as they are fitll time employees.
Councilwoman Richards said she would like to limit the lottery to sheriff' s office
and communication personnel, who work closely with the city. The fire department
and Mountain Rescue are more involved out in the county.
Councilman Markalunas moved to include the Aspen Volunteer Fire Department,
the Pitkin county Sheriff' s Office, and communications employees in the lottery;
seconded by Councilman Paulson. All in favor, motion carried.
RESOLUTION #13, SERIES OF 1997 - Water Place Housing Contracts
Councilman Markalunas said he is concerned about the sale of a unit 180 days if a
spouse predeceases an owner. Councilman Markalunas said there could be death or
other emergency circumstances. Councilman Markalunas said he would like it more
specific that the Council may extend this time. John Worcester, city attorney, told
Council a disclosure statement discloses the worst case scenario to a buyer. The
document also give Council the discretion to extend that time.
Councilwoman Richards moved to adopt Resolution #13, Series of 1998, Water
Place Housing sales contracts; seconded by Councilman Paulson. All in favor,
motion carried.
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Asoen City Council Regular Meetin~ February 23, 1998
Councilman Markalunas moved to go into executive session for potential and actual
litigation at 8:40 p.m.; seconded by Councilwoman Richards. All in favor, motion
carried.
Councilwoman Richards moved to suspend the roles and extend the meeting to 9:30
p.m.; seconded by Councilman Paulson. All in favor, motion carried.
Councilwoman Richards moved to suspend the roles and extend the meeting to 9:50
p.m.; seconded by Councilman Paulson. All in favor, motion carried.
Councilman Markalunas moved to come out of executive session at 9:55 p.m.;
seconded by Councilman Vickery. All in favor, motion carried.
Councilman Paulson moved to prepare a resolution for the North Forty water
service; seconded by Councilman Markalunas. All in favor, motion carried.
Councilwoman Richards moved to adjourn at 10:00 p.m.; seconded by Mayor
Bennett. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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Asoen City Council Regular Meetin~ February 23, 1998
SHIMAKAPPU EXCHANGE STUDENTS ............................................................1
OUTSTANDING EMPLOYEE BONUS AWARDS ...............................................1
CITIZEN COMMENTS ..........................................................................................1
COUNCILMEMBER COMMENTS .......................................................................1
CONSENT CALENDAR ........................................................................................2
Minutes - February 9, 1998 .................................................................................3
Resolution #12, 1998 - Sale 0.33 Acres of Cozy Point to County ........................3
Ordinance #5, 1998 - Amending Model Traffic Code; Reorganization of Sections3
Resolution # 14, 1998 - Parks Equipment Purchase Contract ...............................3
Addition of Youth Soccer to Recreation Programs ...............................................3
City Employee Volunteer Day .............................................................................3
ORDINANCE #2, SERIES OF 1998 - Code Amendment RMF Zone District ......... 3
INDEPENDENCE PASS PLAZA CITIZEN TASK FORCE
RECOMMENDATION AND SCHEDULE WORK SESSION ............................... 6
NORTH FORTY PRESENTATION .......................................................................7
WATER PLACE HOUSING LOTTERY ................................................................9
RESOLUTION # 13, SERIES OF 1997 - Water Place Housing Contracts ................9
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