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HomeMy WebLinkAboutminutes.council.20030512Regular Meeting Aspen Ci~, Council May 12, 2003 OUTSTANDING EMPLOYEE BONUS AWARDS ........................................... 2 PROCLAMATION - Month of the Young Child ................................................. 2 PROCLAMATION -Arbor Day ................................................................................ 2 YOUTH COUNCIL ANNUAL REPORT .............................................................. 2 CITIZEN COMMENTS ............................................................................................... 3 COUNCILMEMBER COMMENTS ........................................................................ 4 CONSENT CALENDAR ............................................................................................ 6 · Minutes - April 14, 2003 ........................................................................................ 6 · Housing Board Appointment - David Guthrie 3-year term .................................... 6 FIRST READING OF ORDINANCES ................................................................... 6 · Ordinance #14, 2003 - Supplemental Appropriations ............................................ 6 · Ordinance #25, 2003 - St. Regis PUD Amendment ............................................... 6 · Ordinance #27, 2003 - Usage Fees for ARC .......................................................... 6 Series of 2003 ............................................................................................................. 7 ORDINANCE #26, 2003 - Water Agreement Reeder/Johnson ........................ 7 RESOLUTION #41, SERIES OF 2003 - 615 East Bleeker Murphy - Extension of GMQS Vested Rights ........................................................................... 9 RESOLUTION #30, SERIES OF 2003 - Burlingame Ranch COWOP & Use of AVLT Parcel ...................................................................................................... 9 ORDINANCE #24, SERIES OF 2003 - Creating Noise Variance Procedures RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual Review ...................................................................................................... 10 ORDINANCES ~22 AND 21, SERIES OF 2003 - Little Ajax Annexation and Little Ajax PUD ................................................................................................... 19 ORDINANCE #23, SERIES OF 2003 - Tipple Lodge .................................... 22 RESOLUTION #42, SERIES OF 2003 - Request for Banners - Food and Wine ................................................................................................................................ 23 REQUEST FOR CARS IN THE MALL - Lexus ................................................ 23 Regular Meeting Aspen City Council May 12, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, McCabe, Semrau and Hershey present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor and Council presented a team award to Recreation Department managers - Susan Arenella, Brad Fite, Paul Kulik, Marilyn Pfaff, George Pucak and Kim Vieira; and a team award to Wheeler Opera House staff Christopher Daniel, Chris Hipp, Martha Horan, Jeanne Kayne, Amy Krueger, Julie Lampton, Heath Manning, David Samuelson, Dan Sima, Stephanie Sommers, Tim Sperlak, Ned Sullivan, Tom Wardaszka, Gordon Wilder, Loren Wilder and Nida Tautvydas; and to Stephanie Sommers Wheeler Opera House. PROCLAMATION - Month of the Young Child Mayor and Council proclaimed May 2003 as the Month of the Young Child and extended thanks and appreciation to all who work so hard to care for the youngest members of the community. Shirley Ritter and Amy Fustiano, Kid's First, accepted the proclamation and invited everyone to the Kid's First parade Tuesday, May 20th at 10 .m. PROCLAMATION -Arbor Day Mayor and Council proclaimed May 17, 2003, as Arbor Day in the city of Aspen and urged all citizens to celebrate and to support efforts to protect Aspen's trees and woodlands. Stephen Ellsperman, parks department, invited everyone to the Arbor Day celebration at 10:30 a.m. Saturday May 17~ in Paepcke Park. Mayor Klanderud announced the city received accreditation from the Society of Municipal Arborists indicating Aspen is a certified member of their organization. This is difficult to achieve and Aspen is the first city in Colorado to be so accredited. YOUTH COUNCIL ANNUAL REPORT Melinda Engelman, Alex Fortier and Jenny Luu told Council their letters to non-profits asking that youth be included as volunteers in the non-profits programs seems to have been a success. The Youth Council gave 10 Regular Meeting Aspen City Council May 12~ 2003 scholarships totaling $2700 to students between the ages of 6 to 17 for uses like Aspen Valley Ski Club, Jazz, and Ballet. The Youth Council did some election work urging people to vote. The Youth Council worked with the city's recreation department on the new recreation center. The Youth Council sponsored a high school play and also the class of 2003 in the yearbook. The Youth Council has worked to get a government class included in next year's high school curriculum. Mayor and Council presented certificates of appreciation to Melinda Engelman, Alex Fortier and Jenny Luu. Recruitment for new members will start in the fall. CITIZEN COMMENTS 1. Bill Stirling urged Council to continue the infill ordinance #5, until after the new Council is seated. 2. Bill Wiener said Council should have a forum to help citizens understand what infill is all about before it is adopted. 3. Mark Friedberg agreed infill contains very weighty issues and Council should consider tabling it. · 4. Ruth Kruger, P&Z member, said it is a great disservice to those who spent months and months developing the infill amendments not to discuss it and adopt it. 5. Connie Harvey said the proposed logging on Basalt Mountain is extreme and not appropriate. Ms. Harvey said she hopes Council will get involved. Ms, Harvey said this is not about fire protection but is about cutting a forest down. 6. Peter Fornell thanked Council and P&Z for all their work in the infill amendments. Fornell said Council has listened to the community and it is time to move forward and make a decision. 7. Richie Cohen, North 40 resident, said there is an RO house at the North 40 listed for $1 million, which received a lot of negative comments. Cohen passed out a list of residents of North 40, their occupations, and their 3 Regular Meeting Aspen City Council May 12, 2003 number of children; there are 50 families and 52 children. Cohen told Council a community has come to life at the North 40. Cohen said he hopes Council creates the same type of environmental at Burlingame. Most of the North 40 residents came from other affordable housing, freeing those units up for more employees. Cohen said purchasers were allowed to recoup the cost of building their house plus the cost of land. Cohen encouraged Council to continue allowing RO units. 8. Sherry McMurray, co-chair Race for the Cure, requested Council waive the $500 special event fee and also requested the city become a $2,000 sponsor. Ms. McMurray explained they have Iost their major sponsor, Janus, and the current business enwronment makes getting sponsors difficult. 75% of all monies raised by the Race for the Cure stay in the community; the monies went to 650 breast exams, 200 mammograms, and 20 seminars. Council directed Ms. McMurray to contact assistant city manager Randy Ready. 9. Emzy Veazy III strongly advised Council to do everything possible to stop any Aspen Pitkin County mrport expansion. 10. Toni Kronberg agreed the infill hearing should be continued until June and should be broken down into different sections. Ms. Kronberg thanked Councilman McCabe for his 4 years of services, for all his work on the ARC, on the John Denver sanctuary and on the Obermeyer project. Ms. Kronberg asked that an engineer measure the city pool so that it can be certified for swim meets. Ms. Kronberg reminded Council she has asked for bleachers; there is not enough room for bleachers. COUNCILMEMBER COMMENTS I. Councilman Semrau acknowledged the four other Council members for participating in the election season. 2. Councilman Hershey quoting Michael Bloomberg, Mayor of New York City, said one has to do what is right and what one believes in whether it is popular or not. 3. Councilman McCabe thanked everyone who supported him and who worked on his campaign. Councilman McCabe said he will develop a list of 4 Regular Meeting Aspen City Council May 12, 2003 things he feels are important for the future of the community and that he would like Council to consider working on. 4. Mayor Klanderud thanked everyone for their support and stated she is looking forward to serving the community for the next two years. 5. Loren Ryerson, Chief of Police, announced Friday May 16th is the annual bike rodeo for 3 and 4 grade. This will be held from 8 a.m. to noon at the elementary school. 6. Joyce Allgaier, community development department, told Council the Puppy Smith COWOP is re-energizing. Ms. Allgaier requested approval of two replacements to the Puppy Smith COWOP, JeffHalferty, HPC representative, and Sheri Sanzone, Housing Board representative: Council agreed with those appointments. 7. Randy Ready, assistant city manager, requested an executive session at the end of the meeting to discuss potential property acquisition. 8. Councilman McCabe said the next Ruedi Water and Power Authority meeting is May 21st at 5:30 p.m. in Carbondale. Councilman McCabe suggested someone attend in his stead t6 get integrated into the process. 9. Mayor Klanderud said at the beginning of consideration of the infill Ordinance #5, she asked Council if they wanted to wait until after the election. The majority of Council said Ordinance #5 should be considered at that time. Mayor Klanderud asked Council how they would like to proceed with this code amendment. Councilman Semrau stated there were work sessions on infill; however, Council never got to the meat of the issue until the public hearings. Councilman Semrau said it is important for Council to come to a consensus and clarity on the amendments~ Councilman Semrau said he is willing to consider it at this meeting the changes from the last · meeting. Councilman Paulson said this needs to be put off until the new Council is sworn in. Councilman Paulson said Council should have a town meeting on these amendments. Councilman Hershey moved to continue Ordinance #5, Series of 2003, until June 23, 2003; seconded by Councilman Paulson. Councilmembers Paulson, Hershey and Mayor Klanderud in favor; Councilmembers Semrau and McCabe opposed. Motion carried. 5 Regular Meeting Aspen City Council May 12, 2003 CONSENT CALENDAR Councilman Hershey moved to approve the consent calendar; seconded by Councilman Semrau. The consent calendar is: · Minutes - April 14, 2003 · Housing Board Appointment David Guthrie 3-year term All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #14, 2003 Supplemental Appropriations · Ordinance #25, 2003 - St. Regis PUD Amendment · Ordinance #27, 2003 ~- Usage Fees for ARC Councilman Hershey moved to read Ordinances #14, 25 and 27, Series of 2003; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO. 14 (Series of 2003) AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL FUND ASSET MANAGEMENT PLAN EXPENDITURES OF $1,343,008, AN INCREASE IN GENERAL FUND EXPENDITURES OF $2,255,420, A DECREASE IN THE PARKS FUND EXPENDITURES OF ($1,463,381), AN INCREASE IN THE WHEELER OPERA HOUSE FUND EXPENDITURES OF $306,236, AN INCREASE IN THE PARKING IMPROVEMENT / GARAGE FUND OF $50,749, AN INCREASE IN THE AFFORDABLE HOUSING / DAY CARE FUND EXPENDITURES OF $8,396,799, AN APPROPRIATION IN THE 1993 HOUSING GO BONDS DEBT SERVICE FUND OF $844,969, AN INCREASE IN THE 1999 PARKS SALES TAX BONDS DEBT SERVICE FUND OF $136,59f3, AN APPROPRIATION IN THE 2001 HOUSING BONDS OF $1,159,135, A DECREASE IN THE OPEN SPACE ACQUISITION CAPITAL FUND EXPENDITURES OF ($151,948), AN iNCREASE IN THE PARKS CAPITAL FUND EXPENDITURES OF $1,832,188, AN INCREASE IN THE TRUSCOTT CAPITAL FUND OF $200,000, AN INCREASE TO THE WATER FUND EXPENDITURES OF $1,186,668, AN INCREASE TO THE ELECTRIC FUND Regular Meeting Aspen City Council May 12, 2003 EXPENDITURES OF $340,596, AND INCREASE TO THE RUEDI HYDROELECTRIC FUND EXPENDITURES OF $8,357, AND INCREASE TO THE TRANSPORTATION FUND OF $902,168, AND INCREASE TO THE GOLF FUND EXPENDITURES OF $93,247, AND A DECREASE TO THE TRUSCOTT PLACE LLP APPROPRIATION OF ($684,497). ORDINANCE NO. 25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 27 Series of 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN MUNICIPAL FEES. Councilman Hershey moved to adopt Ordinances #14, 25, and 27, Series of 2003, on first reading; seconded by Councilman Semrau. Roll call vote: Paulson, yes; Hershey, yes; Semrau, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #26~ 2003 - Water Agreement Reeder/Johnson Mayor Klanderud said this seems to be backwards. The city's policy is to provide water with the agreement one will be annexed. In this case, the applicant does not want to be annexed, yet the citv is being asked to provide water. Mayor Klanderud said she would prefer to consider this along with the land use application and to have the applicant file a petition for annexation. Regular Meeting Aspen City Council May 12, 2003 John Worcester, city attorney, told Council the applicant has an approval to develop this property from the county. The county approval requires an applicant to get city water. The city's policy requires in order to get extra territorial water, one has to agree to annex. Council does not usually annex property unless they agree with the development proposal. Worcester agreed this is backwards and the applicant needs to understand that before Council agrees to a water service agreement outside the city boundaries, they will want to see what the proposed project looks like. Phil Overeynder, water department, told Council if the city does not extend water, this property can get a well permit. Councilman Paulson asked what has been approved for this land by the county. Joyce Allgaier, community development department, said there is approval for a single family dwelling of 9,800 square feet with a designated building envelope on steep slopes. If this were zoned R-15 in the city, the property would yield about 5,500 square feet FAR. Councilman Paulson asked if there is a way to meet with the county and do a master plan for the Shadow Mountain area. Worcester noted the water service agreement provides the applicant agrees to be annexed in the future. When an applicant annexes, they agree to be bound by the city's land use code. The agreement states the maximum allowable floor area of 9,800 square feet approved by Pitkin County will be recalculated using applicable city of Aspen zoning requirements. Worcester stated his concern is that if the applicant does not want to be bound by city land use code, why sign this agreement. Councilman Semrau said one of the city's goals is to have the applicants abide by the city land use code. If they sign this agreement, they will have to follow city's codes. Worcester said if the city turns this water service agreement down, the applicants will probably go to the county and get the condition about water waived. Councilman Hershey moved to read Ordinance #26, Series of 2003; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE NO. 26 Series of 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AN EXTRATERRITORIAL WATER 8 Regular Meeting Aspen City Council May 12, 2003 SERVICE AGREEMENT WITH LYLE D. REEDER AND STANFORD H. JOHNSON FOR PROVISION OF TREATED WATER SERVICE TO TRACT A OF PARCEL A OF GOVERNMENT LOT 20 SUBDIVISION EXEMPTION, ALSO KNOWN AS 333 SOUTH SECOND STREET. Councilman Hershey moved to adopt Ordinance #26, Series of 2003, on first reading; seconded by Councilman Semrau. Roll call vote: Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #41, SERIES OF 2003 - 615 East Bleeker Murphy - Extension of GMQS Vested Rights Chris Bendon, community development department, told Council this is a request to extend vested rights for an approved development. After city approval, this property was included in the Obermeyer COWOP. Bill Murphy was asked to postpone his development in order to participate in the COWOP. The Obermeyer COWOP process caused a 14-month delay in Murphy's development order. Murphy is still working with Obermeyer but would like to restart the 3 year vested rights. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilman McCabe moved to approved Resolution #41, Series of 2003; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #30~ SERIES OF 2003 - Burlingame Ranch COWOP & Use of AVLT Parcel Michelle Bonfils, housing office, told Council they approved this resolution in March; however, it should have had a public hearing. This is to include the AVLT parcel adjacent to Burlingame ranCh in the COWOP process. This resolution gives the COWOP task force the opportunity to investigate how many units they may want to put on the AVLT property; how much of that property is buildable, etc. Mayor Klanderud opened the public hearing. 9 Regular Meetin~ Aspen City Council May 12, 2003 Rachel Richards said she would like to participate in the Burlingame COWOP. Mayor Klanderud said anyone on Council may participate in this process. Councilman Semrau and Mayor Klanderud are the appointed Council representatives. These meetings are noticed so that any or all of Council may attend. Toni Kronberg noted the election on Burlingame in 1999 was an advisory question and additional units have been added since that election and does these need to go back to the voters. Councilman Hershey pointed out Rachel Richards was just elected with a large margin and she has been a staunch supporter of Burlingame. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Resolution #30, Series of 2003; seconded by Councilman Hershey. All in favor with the exception of Councilman Paulson, motion carried. ORDINANCE #24, SERIES OF 2003 Creating Noise Variance Procedures Lee Cassin, environmental health department, told Council there are two changes in this ordinance; one is a variance procedure with the special event committee ~n order to allow a non-profit event to go later than 9 p.m. and the other is an appeal procedure in front of City Council. Mayor Klanderud opened the public hearing. There were no comments. Mavor Klanderud closed the public hearing. Councilman McCabe moved to adopt Ordinance #24, Series of 2004, on second reading; seconded by Councilman Semrau. Roll call vote: Semrau, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual Review Councilman Hershey recused himself and left Council Chambers due to a conflict of interest. 10 Regular Meeting ASpen City Council May 12, 2003 Scott Woodford, community development department, told Council this project received conceptual approval from P&Z in February. There were 4 public hearings in front of P&Z. After the applicant received P&Z approval, theY addressed some of P&Z's requested changes. The project before Council is downscaled; the number of units is reduced. Woodford told Council staff has reviewed these changes and determined the applicant had addressed the specific conditionS from P&Z and recommended the proposal continue on to Council. Woodford told Council this proposes to demolish the Tipple Inn, the Tipple Lodge and the restaurant and nightclub. This will be redeveloped with a 98,000 square foot multi-story structure. The original size was 109,500 square feet. The proposal has 24 timeshare lodge units, 8 hotel rooms and 1 free market condominium unit. This is a reduction from 32 timeshare lodge units. There will be 8 on-site affordable housing units; this is an increase in the number of units but a reduction in size, which was a specific request of P&Z. The applicants propose 9300 square feet of commercial space to include a restaurant~ There is a 60 space parking garage. Woodford showed the two levels of parking, the entrance off Galena, parking for the 4 houses above the redevelopment which they are required to replace, and parking for the affordable housing units. The main level contains 8 affordable housing units and 8 hotel rooms, a fitness room, kitchen restaurant and retail spaces. The retail space would have access from Dean Avenue as well as from the hotel. There is a service tunnel connection between the gondola building, the Little Nell hotel and the proposed hotel. The applicants have proposed the Little Nell hotel manage this facility. Woodford noted there was a specific request from North of Nell to have the traffic flow go north to south. Woodford pointed out the timeshare units are on the 2nd floor. The top level has 3 units plus a rooftop deck. Woodford said the 24 timeshare units will be divided into 1/7th interests and 19 of these units will have lock off capabilities for a total of 51 units. The units are 3 and 4 bedroom ranging from 2300 tO 3500 square feet. Woodford told Council each affordable housing unit will be 400 square feet, deed restricted category 2. Hotel employees will have first choice on these units as rentals. These 8 units only cover a portion of the required mitigation; the majority will be mitigated off site. The applicants have a site 11 Re~,ular Meeting Aspen City Council May 12, 2003 at the Airport Business Center under contract and are preparing a land use approval in the county. This proposed affordable housing consists of four 1200 square foot units and mitigation for 52 employees. Woodford said part of the proposal is to regrade Dean Avenue to make it more pedestrian friendly and more retail oriented. This will help expose the first floor commercial spaces at the North of Nell. Woodford said this proposal will require shifting the towers of the Little Nell chairlift about 15 feet to the east. The applicants propose to acquire a portion of land from the Aspen Skiing Company. Woodford said this will require a planned unit development to establish different open space requirements that the open space not be along the public street. The code requires open space be visible from a public street. The building is oriented to make this a difficult requirement to meet. The applicants propose to meet the open space requirement next to the ski area. The proposed height is above that allowed in the CL district and the proposed FAR is higher. The applicant is requesting several exemptions from GMQS; a subdivision for the multi-family units and to condormniumize the project. The zoning on this project is LTR and the applicants propose to rezone this CL to allow commercial uses, which are not allowed in LTR and also to get a better FAR. There is also a request for an SPA amendment. Woodford told Council the CL allows a maximum height of 28 feet, 32 feet with special review. This proposal requests a high point of 53 feet; the average height is 35 feet around the perimeter. P&Z wanted to see the height reduced. Woodford showed the original project and the new proposed building where the height is moved to the south end of the project. The step back, especially from Dean Avenue, helps lessen the height ~mpacts. The proposed FAR is 2.2:1; the CL allows a 2:1 FAR. Staff supports this FAR request. The mass has been reduced on a smaller site so the FAR is higher. Woodford said the proposed FAR is compatible with surrounding neighborhood. Woodford told Council the AACP affordable housing encourages that to be located close to the downtown core but does not state it cannot be in the county as long as it is located in the urban growth boundary. P&Z felt the location was appropriate. 12 Regular Meeting Aspen City Council May 12~ 2003 Woodford went over the architecture in the first iteration, which had a mining flavor. The redesign does not have the changes in grade and has more of a flat roof design. Staff feels like the character has been largely lost in this process. One concern is the visible faCade on the eastern side of the project. One of the requirements from P&Z was that the applicants get more interest into the roofline. Staff recommends more break up in the roofline than this flatter design. Woodford told Council it is staff's opinion that both proposals meet the criteria to approve a rezoning. Woodford said there is CL zoning in the vicinity and this will not create spot zoning. Both the North of Nell and Aspen Square are zoned CL. The rezoning request is consistent with the AACP as complies with the policies of providing mixed use project and of maintaining the year round economy. Staff feels this is generally compatible with the surrounding uses. There is a requirement in rezoning that there be a changed condition to support the rezoning request. Staff feels the changed condition isthe loss of vitality in the downtown area, the loss of visitors, the loss of bed base, down mm in sales tax. Staffrecommends approval of this request with conditions as listed in the resolution. Sunny Vann, representing the applicant, told Council the affordable housing consists of several different components. There is replacement housing required from demolition of the Tipple Inn residential units. There is a requirement for employees of the lodge and for employees of the commercial space. The majority of the replacement housing will be on site. There are 4 bedrooms and a minimum of 1200 square feet required for off site. The mitigation for the hotel and commercial space will be off-site. Vann told Council there will be 50 to 60 employees and there is no way to mitigate this entirely on site and have any site left. Councilman Paulson said there is an ~ssue whether this should go back to P&Z or not as this is not the same project as seen by P&Z. Vann said P&Z recommended, after 5 public heatings, that this project be approved subject to conditions. These conditions addressed the impact of the structure on nmghbors, the overall height of the building, vehicle circulation, and changes to affordable housing. Vann told Council after they were through P&Z, the applicants discussed the conditions, concluded they were valid and could easily be addressed. The applicant made changes and submitted a revised project. Vaun said the applicants feel these changes are responsive; staff concurred. There ~s no code requirement to make an applicant go back 13 Regular Meeting Aspen City Council May 12, 2003 to P&Z. Vann reminded Council this is a 4-step process that goes back to P&Z after Council review. Vann said there are legitimate issues regarding this project that will be discussed. Vann told Council it has been 3 months since P&Z approval. Vann stated the applicant could have come to Council without making any changes in response to P&Z's conditions. The city attorney stated at the last meeting there is no requirement that this be sent back to P&Z. Vann said there is no benefit to sending this back to P&Z. Councilman Semrau said the applicant is at risk when they go back to P&Z if they have missed the mark. Councilman Semrau said it is appropriate to proceed. Brooke Peterson, representing Aspen Land Fund, told Council they started assembling the properties in December of 2001. There are 15 separate owners of property and 27 separate pieces of property with whom the Land Fund dealt. Peterson told Council they have changed the project and there are unresolved issues with one neighbor to the south, who will make a final determination later in the process. Vann reminded Council there is an approval for the Tipple Lodge demolition and reconstruction and it still remains. The proposal is to build short-term accommodations to help address the loss of bed inventory and to be an asset to Aspen. Vann said trying to develop a pure hotel is very difficult and a time share lodge approach seems a viable way to make this project work. This is a difficult site involving multiple properties. The site ~s narrow with almost no street frontage and has steep slopes. This site is too small for a large enough hotel to make it work. Vann said the applicants have discussed with the Aspen Skiing company operations of this facility. The Ski Company has identified a need for larger units and these units will be an adjunct to the Little Nell. Vann told Council they have discussed with the Ski Company acquiring a piece of land between the Little Nell and the Tippler nightclub that is zoned conservation. The issues are how does this impact the operation of the lift and the operations of the Ski Company. Vann said this parcel looks as if it belongs with this proposed parcel. Vann pointed out the FAR in the L/TR zone district is 1:1 and a facility as proposed cannot be built at 1:1. Vann said the CL zone district allows a 2:1 FAR, which is consistent with the neighborhood and it also will allow commercial uses on the property. Vann said this project should promote the 14 Regular Meeting Aspen City CoUncil May 12, 2003 Little Nell base area and redirect traffic on the west side of the gondola for apres ski. There are a variety of objectives in this project} tO provide additional beds, to fill a niche in the market, to further enhance the pedestrian experience and to complete the links along Dean Avenue, to provide an outdoor area at the base of the mountain, and to provide some commercial activity along Dean street. This is designed as suites with lock off rooms; it has all the components of a stand alone hotel; lobby, restaurant, concierge desk, front desk, interior and exterior access to the commercial spaces and it will be available for nightly rental. This project complies with the new timeshare regulations as well as the optional requirements. Vann told Council this was designed to meet the FAR allowed for CL at 2:1. When the project was scaled back off the upper slope area, 8 pure lodge rooms were added in order to maintain the key count. The building goes back into the hill side and the courtyard was opened to provide light and air to those lodge units; the FAR calculation changed and although the building is smaller, the numerical FAR is higher because more of the same level counts because of opening it up. The mass of the building did not get bigger. The FAR is now 2.2:1. The parking was designed based on experience of other properties. Vann said one cannot mitigate for affordable housing on site unless a much bigger structure is approved and built. Vann told Council their position is that they need to replace the units lost to demolition on site and the rest of the affordable housing would be provided elsewhere. Vann noted there are no sites available within the city where 60 units could be built. The applicants located a site at the Airport Business Center; it is in the county. but within the urban growth boundary. Vann told Council cash-in-lieu on a project like this is prohibitive. They will not be able to get a building permit unit this issue is resolved. Although the proposed housing is in the county, the Council must approve the proposed housing for purposes of mitigation for a project. Bill Poss, architect for the project, explained the thinking behind the design, the architecture, access. Poss said they hope to add vibrancy to the base area by adding a restaurant and deck. Poss showed the plan for Dean street, showed how they plan to extend the gondola plaza. Poss illustrated the porte cochere and the vehicular access, which was reversed at the request of adjacent property owners. The applicants propose to move the Little Nell lift 15 feet to the east to allow for more buffering. 15. Regular Meeting Aspen City Council May 12~ 2003 Poss said they have tried to create vitality in bending the building on the east side, to respect the city grid along Dean Avenue. The design tries to move the massing to the center of th.e site, about 60 feet back from Galena street and over 100 feet from the south end of the site. There is some height at the comer of Dean and Galena as this is the only street front visibility for the hotel. Poss showed some possible materials for the project. Poss pointed out the heights along Dean street vary from 28 to 32 feet; the average height around the building is 35 feet. The highest point is 47 to the midpoint ora roof on Galena street and 53 feet is in the center of the building. Surrounding heights are Little Nell at 44 feet, Grand Hyatt 45 feet, St. Regis 65 feet, Mountain Chalet 55 feet and North of Nell 40 feet. Poss showed Council the building as presented to P&Z and the new design. P&Z asked the applicant to take mass off the top of the hill, which was impacting neighbors on the upper side. This design does not contain as much mass as the building shown to P&Z. Vann told Council there were concerns from properties on the east about deliveries and service trucks. Deliveries will be made on the west side of the site. Woodford told Council P&Z was concerned about the pedestrian/vehicle conflicts on Dean. The applicants have added a sidewalk to lead people away from this intersection. Woodford showed the original restaurant design and the peaked roof, which was not favored by the North of Nell. The applicant brought this down 10 feet and moved the pitch away from the North of Nell. Vann told Council the housing mitigation requirement for restaurant/lodge operation is 60% of the generation of employees. The applicants feel the total will be 86 employees and they are requested to house 52 employees. Vann said the original employee generation figure was based on the larger project. When the project was downsized, the applicants did not lower the employee generation figure. They will come up with a new staffing plan at final review. The replacement housing obligation is 12 bedrooms and 4500 square feet; 8 bedrooms and 3200 square feet will be met on site. The remainder, 4 bedrooms and 1200 square feet, and mitigation for 52 employees will be met off site. Mayor Klandemd opened the public hearing. 16 Regular Meeting Aspen City Council May 12~ 2003 Leonard Oates, representing North of Nell, asked Council to review letters he has submitted to the record. Oates said the changes that have been made are significant enough to require the project to go back through P&Z. Oates stated ifP&Z made these requiremems, then P&Z should say whether the changes meet their expectations. Oates said the applicant is requesting a change in zoning for some land zoned conservation to CL. Oates stated this is inconsistent with the master plan. This area is shown m the AACP as being open space. Oates said if the city wants to take land out of conservation and rezone ~t CL, they should change the master plan first. Oates said there has not been a finding that economic conditions are a basis for changing zoning in this community. Oates stated the height of this proposal exceeds the allowable height in the CL zone. Oates pointed out this revised design crams the height down on the North of Nell. Oates said the sliver of land requested to be rezoned from conversation to CL is 43% of the project. Oates said a 15 foot movement of the Little Nell lift to the east is significant to the North of Nell. This project will further constrict an already tight area. Oates told Council the conservation land was already used to calculate the Little Nell project and using again to calculate the FAR for this project would be double dipping. Oates requested the height and density be reduced in any approvals. Oates agreed the site should be redeveloped; however, this project is too tall and too big, Joe Raczak, North of Nell, said the proposed building dwarves the NOrth of Nell. Raczak said he supports the plan with decreased height and density. Raczak said using the conservation land to calculate the FAR is questionable. Debbi Falender, 712 South Galena, noted there is a letter from her in the record outlining her concerns, Ms. Falender said this plan is significantly different from that presented to P&Z; however, she is not advocating this go back to P&Z. Ms. Falender supports redevelopment of this site and does support CL zoning for the uses and supports a higher height but not up to 53 feet. Ms. Falender is concerned by rezoning the conservation land. Ms. Falender said she would prefer this project comply With the underlying dimensional requirements of the CL zone, the height at 53 feet is too.tall, the FAR at 2.2:1 is too large. Ms. Falender noted if one does not include the green space'at the top of the site, the building is 2.7 or 2.9:1 FAR. Ms. Falender said Galena street is vary narrow between the proposed Grand 17 Regular Meeting Aspen Cit~ Council May 12, 2003 Hyatt and this building, which is right on the street. There is a lot of pedestrian traffic in this area and this plan affects the pedestrian interface. Ms. Falender said she does not agree with the need for a large building. Ms. Falender stated she also does not agree with the statement of framing open spaces with large structures. Ms. Falender requested the building be smaller and narrower. Cliff Weiss told Council the town has lost a lot of apres ski vitality at the base of the mountain and this will contribute to more loss. Terry Stone, North of Nell, told Council he sees this plan as a plus for the community. Stone pointed out the buildings on this site are empty; commercial spaces in the North of Nell are not renting. Stephan Kaelin, retailer, said Aspen needs a better tourist experience; Aspen needs to be updated and needs to be competitive. Aspen needs this project. Mayor Klandemd closed the public comment. Mayor Klanderud said she would like a site visit. Councilman McCabe said he would like clarification on what is included in the FAR. Councilman Paulson requested story poles. John Worcester. city attorney, asked for proof of notice. Vann said this was provided at the last meeting. Worcester requested the applicants keep all the exhibits in tact as conceptual plans. Vann said the parcel the applicants propose to acquire from the Ski Company will be folded into this as one parcel, which the applicants propose to rezone CL and the conservation land is included in calculation of FAR. Vann said this parcel was not included in the FAR calculations for the Little Nell. Vann told Council the FAR for the Little Nell was calculated based on the site on which it sits, not including the gondola plaza. There is no double dipping. The gross size of the proposed hotel site is reduced because of the steep slopes. The land that is presently zoned conservation is part of the project site and is used to calculate the FAR. Vann said this part of the site could be left out of the FAR calculation and then request a variance for the FAR for the rest of the site. Vann told Council the applicant are requesting rezonin.g for the conservation land as the proposed uses are not allowed in that zone. The total area of the conservation parcel is 25,970 square feet and the total site is 59,602 square feet. The applicants are expanding the site by acquiring the conservation land from the Ski Company. Councilman Semrau said he is troubled by creating a precedent in providing affordable housing mitigation outside the city limits. This is creating more 18 Regular Meeting Aspen Cit3, Council May 12~ 2003 commuting. Councilman Semrau encouraged the applicants to revisit the affordable housing solution. Mayor Klandemd said she is concerned about the housing mitigation out of town; she is concerned about the conservation land and is concerned about the height. Mayor Klandemd said there are things about the original design she prefers. Worcester requested the applicants.address the concerns brought up by Oates regarding rezoning. Councilman Paulson said he would like to see the parking area made smaller and the applicant provide more affordable housing. Councilman Semrau moved to continued Resolution #33, Series of 2003, to May 27; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to l 1 p.m.; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCES #22 AND 21~ SERIES OF 2003 - Little Ajax Annexation and Little Ajax PUD John Worcester, city attorney, reminded Council there was a mistake in the noticing and Council should open the public hearing and take any comments and then continue this to May 27th. Worcester said land cannot be rezoned unless it is annexed into the city. Council should approve the annexation first and then address the land use approvals. Joyce Allgaier, community development department, noted there is a memorandum from the Pitkin County planning staff as well as a letter from city staff outlining the developability of these parcels whether they are in the city or in the county and how much square footage could be built in either. Ms. Allgaier said this is a consolidated conceptual/final PUD, subdivision exemption, rezonmg to AH/PUD from R-15 in the city and R-I 5/AFR in the county, an 8040 green line review and a GMQS exemption for affordable housing. The proposal is 11 affordable housing and 4 free market units on 1 acre of land in the county and 8,000 square feet in the city. The affordable housing units will be on the flat portion of the parcel abutting West Hopkins Avenue, divided into two buildings with 4 three-bedroom units in the front building and 7 units in the back building. These will be categories 3 and 4. There will be 4 free market units and 2 ADUs at each end of the building up on the 19 Regular Meeting Aspen City Council May 12, 2003 slope. The free market building is 17,000 square feet and the affordable units two buildings are 12,000 square feet. The free market building height will be 33.5 feet; the affordable housing buildings are 24 feet on the front and 32 feet on the back building. Tuck under parking is proposed and will meet code requirements. Ms. Allgaier pointed out an existing trail running across the property, for which the applicants will dedicate an easement. The Midland trail would run through the middle of the property, and the applicants will also dedicate an easement for [hat trail. Joe Wells, representing the applicants Peter Gluck and Charlie Kaplan, said they have wanted to do an affordable housing project m Aspen for 6 or 7 years. The applicants feel this is a good site to do a mixed project that is consistent with the city's policies. Wells told Council the conceptual application was filed in October 2000; was heard by P&Z and received a unanimous recommendation of approval. Council also approved the conceptual application. Wells said work was needed on geotectmical issues and a final application must be filed within 12 months, and the request for extension was filed too late. Because this project was reviewed by P&Z and Council, this is a consolidated conceptual and final review. This application was again reviewed by P&Z, who recommended approval. Peter Gluck said this project is about affordable housing and this seemed to be a great site for that because it is in town, one block from transportation, and is in a mixed use district. Gluck illustrated that the topography makes the taller building, the free market units, not visible. Gluck said the street grid is ~mportant in town, and they have respected it in their design. The parking is buried under the buildings. The applicants propose to continue the bicycle path through their property. There will be mitigation from rock falls as well mining rock existing on site. The portion of the site above the free market units will remmn open space. Charlie Kaplan said the lower two buildings are set into the historic grid of Aspen and have cottonwood planting. The uppermost building is cut into the hillside and is complemented by native plantings. Kaplan said there are geological issues; they propose to deal with these issues and leave the site better than it was. There ~s waste mining rock on site and this will be capped with 1 to 2 feet of soil. 20 Regular Meeting Aspen City Council May 12, 2003 Craig Hydenberg, West Engineering, said lead concentrations occur .naturally in the soils throughout the valley. They are also present in mine waste rock. The debris pile on this site is characteristic of mine waste rocl<. Hydenberg told Council they plan to meet the criteria of the ordinance adopted in 1994. These will help the appearance of the site and will allow the site to be developed and will decrease the potential for lead soils to impact the environment. John Meckling, CTL Thompson, told Council they have done 3 reports on this site; a geotechnical/geohazard report and 2 rock fall evaluations. The first report was done in 2001 and provided geotechnical criteria for design of foundations, slaps, Walls, etc. The reports identified the geotechnical hazards and how to address those hazards. The geologic hazards include rock fall hazard, potential Unstable slopes and subsidence issues. Meckling told Council there is a potential for rock fall on this site. Meckling said his firm rated this site a moderate hazard. Meckling said there are space limits on this site for mitigation. The firm analyzed bounce sites ofrocks, velocities, energies, etc. and ways to protect the buildings. The alternatives are to design the rear walls to allow impact, to construct an mse wall in front of the back walls or to install barrier fencing. The barrier fencing is netting like on an aircraft carrier and was the preferred alternative. This has been implemented in the design. The second concern is slope stability. There is not a lot of potential for a large failure. The cuts for the upper buildings are not very deep and should not cause problems. Mayor Klanderud opened the public heating. Donna Fisher said the goal of the Friends of Shadow Mountain is to keep this area kept as open space. It is a beautiful area with trails. Ms. Fisher said the flat area is a good spot for affordable housing but it would not be good for the community to allow any development above the Midland fight- of-way. The flat land does not compromise Shadow Mountain. David Bentley objected to any development above the Midland fight-of-way. Currently there are no homes above the right-of-way west of the Ice Garden. This area is visible from all over town and Council should do what they can to preserve this area. 21 Regular Meeting Aspen City Council May 12, 2003 Michael Behrendt said the free market units will be located 54 feet above Hopkins street, which is higher than the Wheeler. Behrendt said the Friends of Shadow Mountain have made the trail their defining point, nothing should be built above that trail. Martha Madsen, 608 West Hopkins, said the trail is important and is heavily used. This trail will be compromised if it is placed · through a project. The city should define and decide where the trail will go between 4th and the bridge before any projects are approved. Wells explained portions of the Midland right-of-way to the west of this site have been obliterated. There is a home sitting in the middle of the right-of-way and the trail cannot continue. Wells said there is a trail easement going up the hill and across the Mary B subdivision, There is no easement to get the trail to the bridge. Rachel Richards said there has been an incremental loss of the community through lack of affordable housing. There has also been an incremental loss of character through loss of natural environment. There is great interest from the Friends of Shadow Mountain in preserving all this area as open space and some city open space funds could be dedicated to this. Ms. Richards said losing this land will be irreversible. John Doremus said this is a sad situation. This is a controversial project. There are over 700 people fighting to stop the project. The developers brought the land thinking they could build a good project. Doremus said it is not appropriate to build on Shadow Mountain and urged Council to deny the annexation. Councilman Semrau moved to continue Ordinances #22 and 21, Series of 2003, to May 27, 2003; seconded by Councilman Hershey. All in favor with the exception of Councilman Paulson, motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 11:15 p.m.; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #23~ SERIES OF 2003 - Tipple Lodge Councilman McCabe moved to continued Ordinance #23. Series of 2003. to May 27; seconded by Councilman Hershey. All in favor, motion carried. 22 Regular Meeting Aspen City Council May 12~ 2003 RESOLUTION #42, SERIES OF 2003 - Request for Banners - Food and Wine. Sarah Oates, community development department, reminded Council last year they adopted a policy on signs and banners. This policy only allows banners on light poles on Main Street for significant anniversaries, 25, 50, 100 years or for national/international events, like the X-games. Ms. Oates pointed out the policy does allow banners in the commercial core on light poles. Devon Padgett, representing Food & Wine, requested special consideration to have Food and Wine banners on Main street to be in partnership with Food and Wine. Hana Pevny, director ACRA, told Council it is important to have these banners for visibility and to create a festive atmosphere. Councilman McCabe moved to approve Resolution #42, Series of 2003, not allowing banners on Main Street; seconded by Councilman Semrau. Mayor Klanderud said she is concerned about making exceptions and then that becomes the rule. Councilman Hershey said this is a great event and starts out Aspen's summer. Mayor Klanderud noted Council made an exception last year for Food & Wine's 20th anniversary. Councilmembers McCabe, Semrau and Mayor Klanderud in favor; Councilmembers Hershey and Paulson opposed. Motion carried. REQUEST FOR CARS IN THE MALL - Lexus City Clerk Kathryn Koch reminded Council staff is drafting policy changes to allow car placement in Aspen. Council has not yet seen this policy and Lexus has requested 7 cars in the Mill Street Mall on June 4th from 2 p.m. until 11 p.m. These cars will be lit and will have staff attending. There will be no signage. There are 300 Lexus representatives in town and they will be walking from the St. Regis to the Wheeler. Council agreed this request ~s way out of the scope they discussed with staff about car placement. Council said 7 cars in the mall is entirely too many. Councilman Semrau moved to go into executive session at 11 p.m. to discuss acquisition of property and to confer with counsel pursuant to C.R.S. 23 Regular Meetin~ Aspen City Council May 12~ 2003 24-6-402(4)(a) and (4)(b); seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 11:35 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Councilman Hershey moved to adjourn at 11:35 p.m.; seconded by Councilman Semrau. Ail in favor, motion carried. City Clerk 24