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HomeMy WebLinkAboutminutes.council.19980309Aspen City Council Regular Meeting March 9, 1998 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Richards, Paulson and Markalunas present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Markalunas alerted everyone to drive cautiously because of the snow and slick roads. 2. City Manager Margerum told Council Resolution #17, Morgridge annexation, should be continued at the applicant’s request. Councilwoman Richards moved to continue Resolution #17, Series of 1998, to March 23; seconded by Councilman Markalunas. All in favor, motion carried. 3. Councilwoman Richards announced the Aspen Area Community Plan update community kick off meeting this Thursday, March 12 from 5 to 8 p.m. at the Given Institute. CONSENT AGENDA Mayor Bennett requested the Tipple Inn allocation resolution be taken off and moved to the end of the agenda. Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: 1 Aspen City Council Regular Meeting March 9, 1998 · Minutes - February 23, 1998 · Resolution #15, 1998 - RFTA IGA Board Members · Request for Funds - Animal Shelter Planning · Request for Funds - Grand Traverse Ski Race · Snow Removal on Pedestrian Corridors All in favor, motion carried. ORDINANCE #4, SERIES OF 1998 - Grand Aspen Extension Amy Margerum, city manager, reminded Council this property is part of the Aspen Mountain Lodge PUD. This approval for this PUD included demolition of the Grand Aspen hotel in 1995. In 1995 Savanah Limited Partnership requested an extension of that demolition from October 1, 1995, to October 1, 1998, in order to keep available housing for MAA students. At that time, there was some concern from small lodge owners about competition from the Grand Aspen remaining. City Council formed a citizen group of small lodge owners, the MAA, city and owners of the Grand Aspen. The group came to a consensus to allow the extension with a list of conditions, which were enumerated in Ordinance 33, 1995. Savanah Limited Partnership has asked for another extension from October 1998 to October 1999. Staff contacted the persons attending the citizen group and interested citizens to review this extension request. This group was not able to come to a consensus; however, the majority opinion is to extend the deadline to October 1999 with the same conditions as before. Ms. Margerum told Council the MAA has been working on replacing this student housing but even if they had land and started the process now, the housing would probably not be available for the 1999 summer season. Edward Sweeney, MAA, told Council they house about 180 students at the Grand Aspen, which is about 20 percent of their student attendees. John Sarpa, representing Savanah, told Council they have worked out an arrangement where, if they happen to get through the approval and permit process faster than anticipated, they can give the MAA notice no later than January 15, 1999, that they will demolish that summer. Sarpa noted one of the conditions states that “38 rooms 2 Aspen City Council Regular Meeting March 9, 1998 have to be used for Savanah employees”. Sarpa said the Grand Aspen has been used for Sheraton employees as well as SLP employees. Sarpa requested flexibility to be able to rent these to Sheraton employees or other employees. Council agreed that makes sense. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards said since this issue first came up in 1995, the city has offered relief to small lodges with the lottery and conversion, as well as rezoning the underlying property. Councilwoman Richards said this extension benefits the entire community, MAA as well as other non-profits who use that property. Councilwoman Richards moved to adopt Ordinance #4, Series of 1998, on second reading with the modification on page 3 of the ordinance that “38 rooms rented for employees” in the winter of 1998 - 1999; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1998 - Code Amendment RMF Zone Amy Guthrie, community development department, reminded Council this amendment would allow two detached dwelling units where a duplex is currently allowed. At the last meeting, Council indicated they wanted a sideyard setback of 5 feet, to eliminate the combined sideyard setback requirement, and to allow reduced setbacks between the two buildings on site. Ms. Guthrie said this ordinance requires a minimum 5 yard setback and that the minimum distance between buildings can be reduced to 6 feet by special review of P & Z. Ms. Guthrie noted the combined sideyard setback of 15 feet only exists in R-6 and RMF and staff will draft a code amendment to eliminate this. Alice Davis, representing the applicant, said they feel strongly that the 6 feet between buildings on site is critical and should be allowed by right. Ms. Davis said the more flexibility in design there is, the more likely this type of design will occur. Ms. Davis said there is not a lot of risk in allowing this by right. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 3 Aspen City Council Regular Meeting March 9, 1998 Mayor Bennett said for the last several years one of Council’s priorities has been simplification so he would argue against special review. Mayor Bennett pointed out P & Z voted 5 to 1 in favor and HPC voted unanimously for this code amendment. Councilwoman Richards agreed and noted the staff and P & Z case load is already very heavy. Councilwoman Richards said the neighbors are protected by retaining the 5 foot setbacks on the external sides. Councilwoman Richards moved to adopt Ordinance #2, Series of 1998, on second reading with the language clarification on item 8 to determine the 6 foot setback is internal to the 2 buildings, that the internal setback be by right and delete the reference to “by special review”; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #5, SERIES OF 1998 - Amending Model Traffic Code; Reorganization of Section John Worcester, city attorney, told Council this ordinance reorganizes the sections in the Model Traffic Code. Worcester told Council cities adopt the Model Traffic Code and then make amendments to tailor it to their communities. The city has made such amendments and this ordinance reorganizes them for ease of use for staff. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #5, Series of 1998, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #18, SERIES OF 1998 - Isis Theatre Cash-in-Lieu Open Space Payment Amy Guthrie, community development department, reminded Council they adopted a code amendment two years ago to allow a payment schedule for the open space cash-in-lieu fee required in the commercial core. That code amendment allowed this payment to be amortized over 5 years without interest. Ms. Guthrie said this is a refinement of that. There are 3 options outlined; staff recommends allowing the five $50,000 payments to begin in year 5 rather than in year 1. Another option would be 4 Aspen City Council Regular Meeting March 9, 1998 to allow the applicant to begin making $30,000 payments in years 3 and spread these over 8 years with a residual payment in year 9. The third option is related to sales tax generation; however, there is not sales tax on movie tickets. Ms. Guthrie said a condition of approval is that this is tied specifically to the renovation of the building as theatres, which staff, city boards and Council feel is important to the community. Stan Clauson, community development director, told Council he explored the sales tax option with the city finance department. It was determined that the concession stand will not produce enough tax revenue to make it a significant benefit to the city or the project. Councilwoman Richards moved to adopt Resolution #18, Series of 1998, with the five $50,000 year payments to being on the 5th anniversary of the date of issuance of a building permit; seconded by Councilman Paulson. All in favor, motion carried. COZY POINT RANCH PROPOSAL Amy Margerum, city manager, reminded Council staff was working on the capital assets of the property and with the county on the land use restrictions on the property to include these in a request for proposal. The RFP was to be issued to see if anyone in the community wanted to purchase Cozy Point Ranch and keep the property in open space, equestrian facility and some affordable housing. Ms. Margerum said selling Cozy Point would have to go to public vote. Since this Council direction, the city and county have purchased the Aspen Mass property. There have been two design charettes on the Aspen Mass property, which resulted in the idea of trying to plan Aspen Mass and Cozy Point together. Stan Clauson, community development director, said out of the charette were ideas for housing, for exchange of land with the forest service, and transit development area. There was a second charette working on schemes to meld the Aspen Mass property with CDOT property for an intermodal center. Clauson said there are many possibilities that a third charette was planned. This is scheduled for March 26. At the second charette is became clear that Cozy Point should be included in this comprehensive planning look. Clauson recommended delay on this Cozy Point decision. The operation at Cozy Point is self-sustaining. Council agreed to makes sense to plan this parcel with Aspen Mass. Councilwoman Richards suggested also looking at funding schemes if Council decides they want to 5 Aspen City Council Regular Meeting March 9, 1998 keep Cozy Point. Mayor Bennett said the city bought Cozy Point for affordable housing, open space and recreation. The affordable housing would be better on the Aspen Mass property; open space can be accomplished with deed restrictions; there may be ways to guarantee recreational uses of Cozy Point through the RFP. Mayor Bennett said he does not think the city can afford to keep Cozy Point just for an equestrian recreation facility. Ms. Margerum said staff has not received a clear direction from Council on Cozy Point; prospective purchasers for equestrian and open space are not the same as those who would want to develop affordable housing. There is uncertainty whether affordable housing would be approved by the County Commissioners. If there is a clear direction on the use of the property, staff could do an RFP as well as be able to tell Council what it would take to keep the property. What it would take to keep the property differs depending on what it will be used for. Clauson noted an advantage of the charette process is that the county staff will have a better idea of what they will permit on Cozy Point. Councilman Markalunas said he hopes the Town of Snowmass is included in the charettes. Councilman Paulson said he favors keeping this property. There is not a lot of open space left. Council agreed with waiting until after the third design charette. RESOLUTION #19, 1998 - North Forty Water Service John Worcester, city attorney, reminded Council this resolution of approval and compliance is a step an applicant must take for water service outside the city limits. Worcester noted this resolution makes reference to a 1969 contract for contribution towards water main construction. In 1969, the city contracted with John McBride, Airport Business Center, to provide water to the AABC. Worcester said there is dispute whether this contract requires the city to provide water to adjacent properties. This resolution states that by approving it, the city is not agreeing to the applicant’s reading of the contract. By signing the water service agreement, the applicant is not waiving any rights pursuant to that 1969 contract. Chuck Brandt, representing the applicant, requested a change to the resolution in paragraphs 2 and 3. Those state that if the project is approved as presented by the county, that the water service agreement goes into effect. Brandt told Council in this application, all the North Forty would become zoned AH. Brandt reminded 6 Aspen City Council Regular Meeting March 9, 1998 Council that the commercial component has been pulled out of the North Forty area. The applicant has said if they want to do a commercial project, there will be a new application. This, too, would have to come back to the city for approval of water service. Brandt said the applicant may want to do an affordable housing project on the remaining area. Brandt requested if an affordable housing project is proposed, that this not have to come back to the city for further approval on water service. Brandt said an affordable housing project would be consistent with the AACP. Councilman Markalunas said it is important to have reliable service in this area. Councilman Markalunas requested the applicant cooperate as much as possible with the city to insure this reliability. Phil Overeynder, water department director, said there is the issue of whether it is appropriate for Council to approve something they have not looked at in detail. Overeynder said he is not prepared to address a water service agreement until he has a sense of what the project will be. Councilwoman Richards moved to adopt Resolution #19, Series of 1998, as submitted in the packet; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #16, SERIES OF 1998 - Tippler Townhomes Residential GMQS Scoring and Allotment Mayor Bennett said he has never seen a GMQS application with only 50 percent unit mix and 33 percent bedrooms of affordable housing. Mayor Bennett said the city has not received a regular GMQS application in the last 7 years. Mayor Bennett said he is not sure this is consistent with the AACP. Stan Clauson, community development director, told Council this application is for 4 affordable and 4 free market units. Clauson said most of the applications before Council have been AH projects. Clauson said instead of evaluating projects one against another in a growth management competition, projects have been evaluated against the code and against the goal of housing 60 percent of the employees upvalley. Dave Tolen, housing director, said the housing office has seen no growth management applications since the AACP was passed. Tolen told Council the way this project was calculated is consistent with past policy and with the discussions with the applicant. Tolen said this application does not meet the requirement in the AACP that 60 percent of subdivisions house employee population. Tolen said this 7 Aspen City Council Regular Meeting March 9, 1998 is not in the code. There is a long standing practice of calculating affordable housing requirement as some proportion of the free market residences, which was done in this case. Sunny Vann, representing the applicants, said there is some confusion about the 60 percent requirement. Vann noted neither the land use code nor the AACP provide guidelines or standards as to the number of employees to be housed in a residential growth management application. Vann said there are 2 references to the 60 percent number in the AACP. The housing action plan establishes a goal of housing 60 percent “of the work force up valley of Aspen Village mobile home park”. The growth action plan in the AACP talks about updating the residential growth management to require “new residential subdivisions which compete in the GMP process provide a minimum of 60 percent affordable housing. At the time, the affordable housing requirements in the residential growth management process was 35 percent. Vann said the current GMQS regulations adopted January 1995 did not incorporate that recommendation but adopted general language about sustaining the permanent community. Early in 1996, while staff was updating the newly adopted growth management regulations, they prepared memos and met with P & Z and Council to talk about growth management regulations. There had been no residential growth management applications. Staff addressed whether to amend the code to require 60 percent affordable housing. There was discussion about the inequitableness of this in small projects. Vann said there are two statements on housing 60 percent of the work force up valley and that the growth management competition process should be amended to require 60 percent affordable housing. That was not done and the land use code was not amended. Vann told Council in preparing this application he asked staff how much affordable housing has to be provided in order to score a 3 under growth management. Vann said this is a subjective scoring by the P & Z. Vann said without any code or adopted guidelines, he researched previous projects which has been approved and made sure this project met the same levels. Vann said what staff has done is compare the affordable housing population to the theoretically free market population to arrive at a 67 percent calculation. Vann said this project provides 4 three-bedroom units and 4 deed restricted affordable housing units. The housing units are 2 one-bedroom units deed restricted to low income category and 2 two-bedrooms units deed restricted to lower category 8 Aspen City Council Regular Meeting March 9, 1998 3. The housing staff complimented this proposal and said these units exceed the minimum requirements. Staff recommended a maximum score to P & Z in this category. Vann reiterated there is no definition of what the 60 percent figures means, whether it is dwelling units or people. Amy Margerum, city manager, told Council the staff feels this project met the 60 percent figure depending on the way it is calculated. Staff calculated this by assigning a number to the free market bedrooms and applying a percentage to that and in this project, the employee housing is 67 percent. Councilwoman Richards suggested, separately from this project, that Council have the staff clarify the guidelines and change the land use code. Mayor Bennett said this application is 66 percent free market bedrooms and 33 percent affordable bedrooms. Ms. Margerum said the reason for this calculation is that the housing office applies a factor, there are more people per bedroom in affordable housing than in free market housing. These factors came from a survey done in conjunction with the AACP. These factors are in the housing guidelines, which are adopted annually. Mayor Bennett said staff, the housing office, and Council all have different ideas of what the 60 percent meant and how it was calculated. Mayor Bennett said he would like to direct staff to clarify the intent of the AACP and the code to include the calculation formula. Councilman Markalunas moved to adopt Resolution #16, Series of 1998; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to continue the meeting to Tuesday March 10 at noon; seconded by Councilman Markalunas. Kathryn S. Koch, City Clerk 9 Aspen City Council Regular Meeting March 9, 1998 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT AGENDA ................................ ................................ ............................. 1 Minutes - February 23, 1998 ................................ ................................ ................ 2 Resolution #15, 1998 - RFTA IGA Board Members ................................ ............ 2 Request for Funds - Animal Shelter Planning ................................ ....................... 2 Request for Funds - Grand Traverse Ski Race ................................ ..................... 2 Snow Removal on Pedestrian Corridors ................................ ............................... 2 ORDINANCE #4, SERIES OF 1998 - Grand Aspen Extension ............................... 2 ORDINANCE #2, SERIES OF 1998 - Code Amendment RMF Zone ..................... 3 ORDINANCE #5, SERIES OF 1998 - Amending Model Traffic Code; Reorganization of Section ................................ ................................ ........................ 4 RESOLUTION #18, SERIES OF 1998 - Isis Theatre Cash-in-Lieu Open Space Payment ................................ ................................ ................................ .................. 4 COZY POINT RANCH PROPOSAL ................................ ................................ ...... 5 RESOLUTION #19, 1998 - North Forty Water Service ................................ ........... 6 RESOLUTION #16, SERIES OF 1998 - Tippler Townhomes Residential GMQS Scoring and Allotment ................................ ................................ ............................. 7 10