HomeMy WebLinkAboutminutes.council.20021028Regular Meeting Aspen City CounCil October 28, 2002
CITIZEN PARTICIPATION.~ .............................................. ~ ......................... 2
COUNCILMEMBER COMMENTS .............................................................. 3
CONSENT CALENDAR.,.., ...... ~...i ................ i ........ i .................................... 4
[] Resolution #98, 2002 - Transit Service Agreement for Maroon Creek
Road ............................................................................................................. 4
[] Resolution #99, 2002 - Lease Agreement - Nordic Council/Golf
Course .......................................................................................................... 4
[] Aspen/Pitkin Housing IGA Amendment ............................................ 4
[] Resolution #100, 2002 - ACRA Marketing Plan ................................ 4
[] Board Appointments ........................................................................... 4
[] Minutes - October 15, 2002 ................................................................ 4
FIRST READING OF ORDINANCES .......................................................... 4
[] Ordinance #37, 2002 - Griffith Lot Split ............................................ 4
[] Ordinance #38, 2002 - Tmscott PUD Amendment ~ ........................... 4
ORDINANCE #36, SERIES OF 2002 - 320 W. Hallam Historic Lot Split .. 5
YOUTH COUNCIL UPDATE ....................................................................... 6
RESOLUTION#101, SERIES OF 2002 - ObermeYer COWOP
Endorsement of Project ..................... . ...... i ....................................................... 6
Regular Meetin~ Aspen City Council October 28, 2002
Mayor Klandemd called the meeting to order with Councilmembers Semrau,
Hershey, Paulson, and McCabe present.
CITIZEN PARTICIPATION
1. Caroline McDonald said when she applied for a historic lot split, it
was suggested by staff she wait for the new historic code amendments,
which did not pass until 2002. The McDonalds had to go through the
application process twice and pay an application fee o£$1500 twice. Ms.
McDonald told Council she did not complain about the condition that they
had to paint their house as part of the lot split approval. Ms. McDonald
noted that the letter from the city states they have not addressed the painting.
Ms. McDonald showed a work plan submitted in July and told Council they
have continually worked on the house. Ms. McDonald told Coyncil the
letter states if the painting is not done, the lot split approval will be null and
void.
Amy Guthrie, community development department, told Council there was a
condition of approval that the house needs to be painted in exchange for a
500 square foot floor area bonus. There was no debate by the owner or the
HPC. Staff did not ask for a bond as they felt that was too onerous. This
letter was sent because the deadline is December 31 s~, which is two months
away.
2. Bob Lewis protested the divisive nature of the Council and a 3-man
block of Council consistently fighting the Mayor and other Council. Lewis
said the Council should work together to promote fair legislation. Lewis
asked what happened to the Aspen idea. Lewis noted the County
Commissioners are adopting a code to insure that public officials are fair and
impartial and suggested the City Council do the same.
Councilman Hershey stated personal gain while in office is a serious charge.
Councilman Hershey noted he gets paid $1200 a month.
3. Toni Kronberg thanked Council for the potential annexation of
Maroon Creek road. Ms. Kronberg said the revenue for swimming lessons
needs to be re-examined. It has been listed at $24,000/year and it is
probably $24,000/month. Ms. Kronberg said she has long advocated an
inexpensive place for visiting athletes and/or teams to stay.
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Regular Meeting Aspen Ci~, Council October 28, 2002
COUNCILMEMBER COMMENTS
1. Mayor K!anderud congratulated the merchants' association for coming
up with exciting plans for the holiday season.
2. Mayor Klanderud said she attended the Colorado Tourism conference
last week in Grand Junction. The entire state of Colorado has concerns
about tourism. Mayor Klanderud told Council ACRA made a bid for next
year's tourism conference; however, the conference was awarded to Pueblo.
3. Councilman Hershey noted the Friends of Marolt has filed intent to
appeal the decision in their lawsuit against the city. Councilman Hershey
stated if the electorate supports the S curves, he will drop the issue.
Councilman Hershey asked Councilman Paulson if he would make the same
commitment to drop his opposition to the straight shot if it passes.
Councilman Paulson reserves the right to decide after the election.
4. Councilman McCabe congratulated the cross-country track team for
winning the state championships. The community should be proud of this
effort.
5. CoUncilman McCabe encouraged the recreation department to try and
generate more events at the cross country center at the golf course this
winter.
6. Councilman Semrau thanked the Alpine Bank for the support and help
with SPARC's fund raising efforts.
7. Mayor Klanderud said the RFTA board voted to reconfirm its support
on the modified direction alignment into Aspen as stated in the Record of
Decision. Mayor Klanderud said she voted for this motion, as this is the
position of the majority of Council.
8. Councilman Semrau reported Burlingame Parcel D COWOP's next
meeting is November 7th. Councilman Semrau said a primary concern is the
extra load on the infrastructure. The COWOP generally felt this was an
appropriate site for affordable housing development.
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Regular Meeting Aspen Ci~, Council October~. 28, 2002
CONSENT CALENDAR
Councilman McCabe moved to adopt the consent calendar; seconded by
Councilman Semrau. The consent calendar is:
Resolution #98, 2002 - Transit Service Agreement for Maroon Creek
Road
[] Resolution #99, 2002 - Lease Agreement - Nordic Council/Golf Course
Aspen/Pitkin Housing IGA Amendment
Resolution #100, 2002 ' ACRA Marketing Plan
[] Board Appointments
HPC - Valerie Alexander; Derek Skalko
Board of Examiners - Lorrie Winnerman reappointment
Open Space Board - Craig Ward, alternate
[] Minutes - October 15, 2002
FIRST READING OF ORDINANCES
~ Ordinance #37, 2002 - Griffith Lot Split
[] Ordinance #38, 2002 - Truscott PUD Amendment
Councilman Hershey moved to read Ordinances #37 and 38, Series of 2002;
seconded by Councilman Semrau. All in favor, motion carried.
ORDINANCE No 37
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE
PROPERTY TO BE KNOWN AND DEDICATED AS THE GRIFFITH
PROPERTY LLC LOT SPLIT LOCATED AT 700 GIBSON AVENUE,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
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Regular Meetin~ Aspen City Council October 28, 2002
ORDINANCE NO. 38
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 1)A
GMQS EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY, 2)
ESTABLISHING A CONSOLIDATED CONCEPTUAL 'FINAL
SPECIALLY PLANNED AREA ON LOT 2 OF THE ASPEN GOLF
COURSE SUBDIVISION, AND 3) A PUD AMENDMENT TO THE
TRUSCOTT PUD TO ALLOW FOR THE DECOMMISSIONED
RESTAURANT IN THE TRUSCOTT 100 BUILDING TO BE USED AS
OFFICES FOR THE CITY OF ASPEN ASSET MANAGEMENT
DEPARTMENT'S PROJECT MANAGERS AND ON-SITE PROPERTY
MANAGERS, CITY OF ASPEN. PITKIN COUNTY, COLORADO.
Councilman Paulson moved to adopt Ordinances #37 and 38, Series of 2002,
on first reading; seconded by Councilman Semrau.
Mayor Klanderud said she will have questions about Truscott PUD on
second reading.
Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Paulson, yes;
Hershey, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #36, SERIES OF 2002 - 320 W. Hallam Historic Lot Split
Amy Guthrie, community development department, told Council this is a
9,000 square foot lot and is a designated landmark. The request is to divide
this into a 6,000 square foot parcel with the Victorian house and a 3,000
square foot parcel with a panabode. HPC granted some variances in order to
allow the existing structures to remain. Ms. Guthrie told Council the
applicant voluntarily designated the panabode as a historic structure.
Mayor Klanderud asked about the applicant reserving the right to later
request conditional approval for another unit. Ms. Guthrie said this is an
option on the 6,000 square foot lot; the applicants could request approval
from P&Z to do two houses on that lot. Mitch Haas, representing the
applicant, said this would be under the same FAR limit and would be
reviewed by HPC as well.
Regular Meeting Aspen City Council October 28, 2002
Mayor Klandemd opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Hershey moved to adopt Ordinance #36, Series of 2002, on
second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Paulson, yes; Semrau, yes; McCabe, yes; Hershey, yes;
Mayor Klanderud, yes. Motion carried.
YOUTH COUNCIL UPDATE
Melinda Engelman, Jenny Luu and Alina Roberts, representing the Aspen
Youth Council, reported on the activities of the Youth Council over the past
year. The Youth Council has an application available for youth grants.
These will be awarded up to $250 for recreational, cultural and educational
opportunities. The Youth Council is also trying to identify and create
opportunities for youth to get involved in the community and with non-
profits.
Ms. Roberts told Council Tim Anderson, director of recreation, came to one
of their meetings and explained what will be part of the new recreation
facility. Ms. Roberts said the Youth Council will organize tours and will
help with the opening. MS. LUU said they Will Work on sponsorships for
games, including having the Youth Council sponsor games. Ms. Roberts
said the Youth Council has organized a tour of the new high school for City
Council. Council said they hope the Youth Council will work on planning
civics classes, lectures and education. Council said they will be willing to
support civics education.
RESOLUTION#101~ SERIES OF 2002 - Obermeyer COWOP
Endorsement of Project
Chris Bendon, community development department, reminded Council the
COWOP process was adopted in 2000 for projects deemed "reasonably
necessary for the convenience and welfare of the public". These are projects
that promote public goals. The first step in the process is a public hearing
with Council to determine whether or not a project is eligible for the
COWOP process. At that time the task force team is established. This was
done March 11th for Obermeyer.
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Regular Meetin~ Aspen City Council October 28, 2002
The next step in the COWOP process is for the task force to consider the
most appropriate development for that parcel. Obermeyer project is still in
this step. The third step is a formal approval process at which time Council
is presented a final recommendation from the task force and an adopting
ordinance.
Bendon told Council the task force has met 12 times since its inception.
They looked at the goals, the issues, solutions. Council has seen this project
in work sessions several times and addressed street realignment, recycling
center, sale or trade of city land, height, uses, and an underground garage.
Bendon said the earlier version was a very aggressive plan. Since then the
project has been redesigned. Bendon told Council this design has 100%
replacement of S/C/I, a 35 foot height limit, and a 50/50 mix of affordable
housing and free market housing of 21 units each. Bendon noted the
COWOP review provides a lot of flexibility; all of the rules are on the table
and are used as a reference. Bendon said this is an expanded version of the
planned unit development, and includes uses, rights-of-way.
Bendon said it is important there is oversight in the process by Council to
direct the plan as the city goes into the process not knowing what the end
result will be. This step is not final approval. Adoption of this resolution is
not binding. Staff recommends endorsement of this project.
Klaus Obermeyer said he hopes this is a win/win project that is good for the
partners and for the community. Obermeyer pointed out the height has been
reduced to that allowed in the zone district. Tim Belinski, representing the
applicant, said the architects have tried to be creative within the allowable
height in the S/C/I zone in this redesigned project. Belinski told Council
there are 30 businesses in this area and this will allow these businesses to
remain in a building that will serve their needs and serve the community.
This plan is about small businesses working well in an area that needs
revitalization. The project does not need city financial contribution. The
roads are in their original location. The ability for the city to add more
underground parking spaces has been retained.
Bob Schiller, architect, presented a list of goals adopted by the COWOP task
force at their first meeting. Schiller told Council this plan is not architecture,
it is site planning, open space, location of buildings, a concept of community
planning. The design work will be done after receiving an endorsement
from the city. The detailed design will come back through the task force and
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Regular Meeting Aspen City. Council October 28, 2002
Council. The constraints on this design are the decision to stay at 35 feet
and have no buildings on city landl This project has been reduced from
140,000 square feet of program area to 107,000 square feet. There is enough
S/C/I space to replace every existing business and square footage that has
been approved but not built. There is a 1:1 ratio Of deed restricted units to
free market housing.
Schiller ~vent over the site plan, pointing out Rio Grande will be kept in the
existing alignment with improved parking and intersections. The applicants
propose to vacate Bleeker street. This will help vehicle circulation and will
create a much better pedestrian environment. There will be a pedestrian
plaza over the entire site at existing grade. Schiller showed a site section,
the various buildings on the site and their proposed uses. Schiller said little
activity is planned for the alley next to the Concept 600 buildi,ng.
Schiller pointed out the north building will be lower with no 3rd level. This
will preserve the view planes from the river corridor. There is a 3-story
building along Spring street with free market housing. Along the Concept
600 alley there is a 3-story building which is deed restricted housing.
Against the Zupancis property, the bUilding has a partial 3rd floor. The
design for this parcel is so that it will work regardless of what the city
Chooses to do on the Zupancis property. Schiller told Council one of the
guiding principles was to have units that can sell for a high value so that less
square footage is needed.
Schiller said the hope is that this design creates a pedestrian link between the
commercial core and the Rio Grande area. Schilling noted this design has
37,000 square feet of commercial square feet, a 1:1 replacement; 1350
square feet of neighborhood commercial use; 15,700 square feet of deed
restricted housing in 21 units; 52,000 net square feet of free market housing.
The total enclosed space is 180,000 square feet; 162 parking spaces on grade
and below. There are currently 135 parking spaces. Schiller explained the
project budget will not allow enclosing a recycle center but it does include
money to enhance the existing recycle center with berming and enclosures.
Schiller stated the applicants are committed to meeting the city's stream
margin requirements.
Bendon outlined what the city would be giving up and what the city would
be gaining if this project were t° be approved. Bendon noted the city's code
dOes not address a S/C/I, free market, and affordable housing project.
Regular Meeting Aspen City Council October 28, 2002
Bendon said under the current code, reconstruction of commercial space
requires a developer to mitigate from zero, and there is no credit. Mitigation
of the 37,000 square feet of commercial space would result in 51 employees
to be housed or 20,400 square feet of affordable housing.
Bendon said the city's code addresses a purely residential project and an
applicant can construct a 60/40 or 70/30 affordable housing/free market
project. In a 60/40 project, if there were 21 free market units, 31 affordable
housing units of categories 2 and 3 would be required, and it would be
required to compete in GMQS. A 70/30 project could go through a GMQS
exemption process and if there are 21 free market units, there would be 49
affordable units in categories 3 and 4. Bendon t01d council the growth
management process is very subjective and latitude is given to the
commission so it is difficult to state exactly how either of these processes
would relate to the coWop.
Bendon noted the infill program is addressing some of these issues;
however, these code amendments are not adopted. The recommendation
from the infill committee would al!ow for project to have a mix of
commercial, affordable and free market housing. Under this proposal, the
existing 37,000 square feet of commercial at Obermeyer could be rebuilt
with no penalty for reconstruCtion or housing mitigation. Under the infill
proposal, there would be an allowance of .75:1 FAR for free market housing,
which would be 52,000 square feet of housing. This Could be increaSed to
70,000 square feet of free market and 30,000 square feet of affordable
housing. Bendon pointed out the Obermeyer project has 19,000 square feet
of affordable housing.
Bendon said if the Obermeyer property were to go through a standard
process, the city would not get any S/C/I square footage. The Obermeyer
will give the community viable S/C/I that can exist into the furore. Bendon
said the applicants plan to rehouse the existing businesses during and after
construction, which is highly unusual. There are 20 parking spaces for city
use. Bendon said the applicants plan to go off site and make improvements
to the recycling center, East Bleeker street will be made wider and the
intersections will be improved, Bendon pointed out assembling this land
will allow better pedestrian access through the property.
Steve Barwick, city manager, noted by treating this project as a COWOP
and not exactly within the city's code, the avoided mitigation for housing
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Regular Meetin~ Aspen City Council October 28~ 2002
could be $11 million. If the infill code amendments pass as written, the
affordable housing mingation for this property would be almost nothing.
Barwick said Council should look at two costs, the avoided housing
mitigation and about $100,000/year to the city for moving the snow melter.
These costs should be weighed agmnst the list of benefits as outlined by
Bendon. Councilman Semrau pointed out the mitigation costs could be
higher if all the free market units are 3 bedroom units.
Councilman McCabe noted there are no enticements in the land use code to
encourage S/C/I's existence or new S/C/I. Councilman McCabe said this
could be looked at as the free market is mitigation for the S/C/I zone.
Councilman Hershey pointed out this project contains over half the S/C/I in
the city. Councilman Semrau asked if this will set a precedent for another
developer to build free market with no mitigation. Bendon said the COWOP
process is unique to every project.
Councilman Hershey said this is not final approval but only an endorsement
of the direction the Obermeyer project is taking. There will be more
opportunities for the public to comment on the project. Belinski agreed the
developers would like to make sure they are hitting the target and that there
is a comfort level with this project. Mayor Klandemd asked if any of the
deed restricted unitS would be Category units rather than RO. Belinski said
the applicants have always represented that the deed restricted units will be
passed through at cost. These levels can be determined when the costs are
nailed down. Mayor Klanderud asked if the city can still add another layer
of parking. Belinski said this parking can be added up to a certain point in
the development process.
Boogie Weinglass said this project is a win/win for Aspen that sometimes
Councils have to cut red tape and go ahead with projects like this.
Weinglass said this redevelopment will enhance the city. Weinglass said it
is difficult to build projects, and this should be supported. Weinglass
suggested in place of the snow melt and recycling center, the skateboard
park, extending street skating, should be added.
John Sarpa said the challenges of making this project work economically are
very steep. Sarpa said this is a huge potential community benefit. Georgia
Hanson, COWOP member, stated she is very pleased with where the project
is now. Ms. Hanson read a letter into the record from adjacent property
owner, Bill Murphy, stating he is willing to support and participate in this
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Regular Meeting Aspen Ci~, Council October 28, 2002
COWOP as long as it moves along in a timely manner in order to protect his
GMQS approvals. JeffMoonitz told Council he has a martial arts studio in
this S/C/I distriCt, and this business cOuld not haVe been possible with
standards Aspen rents. Moonitz said hundreds of children take martial arts
classes and it has been a value to the community.
Pat Fallin, adjacent landowner and COWOP member, said this has been an
incredible and easy project to work on. The owners of the property have had
the interests of the community at heart. Ms. Fallin urged Council to move
this project forward. Debra MOore, Oklahoma Flats neighbor, reminded
Council the neighbors were very concerned with the project in the
beginning. Ms. Moore commended the applicants for listening to the
neighbors and for being accommodating and doing such a good job with the
project. Toni Kronberg Said the city has done a good job in this COWOP
process. The architects have listened to the concerns of the adjacent
property owners. Ms. Kronberg noted that the recycling center is not a
permitted use in the 1989 adopted Rio Grande master plan. Ms. Kronberg
suggeSted the resolution read "recycling center and the city's impound lot are
not permitted uses in the 1989 ordinance adopting the Rio Grande master
plan. The city/county will work to remove the recycling center from the Rio
Grande park as soon as other sUitable alternatives are found". If a suitable
place is not found, the recycle Center would stay~
Council thanked Klans Obermeyer for coming forward with this proposal
and working through a long process. Councilman McCabe said from the
very beginning, the developers have committed to make this a green project,
use green building materials and to be environmentally smart.
Councilman McCabe moved to adopt Resolution #101, Series of 2002,
seconded by Councilman Hershey.
Councilman Paulson said this is a big improvement over the previous
concept design. Councilman Paulson said this should send a message out to
other developers that projects can be done within existing city codes.
Councilman Semrau said the policy decision Council is making is the
decision to subsidize S/C/I, a $10 million subsidY t° remodel S/C/I.
Councilman Semrau asked if Council is willing to take the risk by approving
this project and to set this precedent. Mayor Klandemd said she is not sure
this is setting a precedent as each COWOP project is different. Council
agreed they are willing to take this risk. Councilman Hershey said some of
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Regular Meeting Aspen City Council October 28, 2002
the city's rules for development have stifled development. Councilman
Hershey said to get a new and exciting project is worth the risk.
Mayor Klanderud agreed these policy questions should be asked and the
level of subsidy for redeveloping S/C/I should be disclosed. Councilman
McCabe said he has been a supporter of S/C/I for years. This is a zone
district that the city has to help maintain.
All in favor, motion carded.
Councilman Hershey moved to adjourn at 7:15 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
- rat~' S. Koch, City ~ler~
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