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HomeMy WebLinkAboutminutes.council.20030623Regular Meeting Aspen Cit~ Council June 23, 2003 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 4 · Minutes - May 27. 2003 ........................................................................................ 4 · Resolution #53, 2003 - Kids First Community Foundation Agreement ................ 4 · Resolution #54, 2003 - Accepting Easement/Carbondale Apartments .................. 4 FIRST READING OF ORDINANCES ................................................................... 4 · Ordinance #32. 2003 - South Aspen Street PUD ................................................... 4 · Ordinance #33, 2003 - South Aspen Alley Vacation ............................................. 4 · Ordinance #34, 2003 - Code Amendment - Historic Lot Splits in Previously Approved Subdivisions ................................................................................................... 4 ORDINANCE NO. 34 ................................................................................................... 5 ORDINANCE #28, SERIES OF 2003 202 S. Garmisch Request to De-list from Historic Inventory ................................................................................................ 6 ORDINANCE #5, SERIES OF 2003 - Code Amendment - Infill ................... 8 ORDINANCE #23, SERIES OF 2003 - Tipple Lodge .................................. 11 ORDINANCE #29, SERIES OF 2003 Dancing Bear PUD .......................... 15 RESOLUTION #55, SERIES OF 2003 Obermeyer Temporary Use .......... 22 RESOLUTION #56, SERIES OF 2003 Mascotte Annexation .................. 22 ORDINANCE #35, SERIES OF 2003 - Mascotte Annexation ....................... 23 YOUTH CENTER FEES ........................................................................................... 23 RESOLUTION #57, SERIES OF 2003 School Resource Officer ............... 24 REQUEST FOR FUNDS Fourth of July Street Dance ................................... 24 Regular Meeting Aspen City Council June 23, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torte, Richards, Paulson and Semrau present. CITIZEN PARTICIPATION 1. Toni Kronberg reminded Council at the last meeting they discussed the operation agreement with SPARC. Ms. Kronberg noted there was never a committee to deal with the recreation facility. There was a task force in 1996-97 that developed projects for the bond issue. Ms. Kronberg stated it is crucial to have a committee and all sports should be represented on this committee. Ms. Kronberg said citizens were told there was a financial feasibility study done and there was not. There was a pro forma done by staff. Ms. Kronberg requested Council have an expert come in and work with staff to do a financial feasibility study on the current recreation facility. 2. Sy Coleman said he appreciates the city enforces the existing noise ordinances. Coleman said one of the evident reasons for noise ordinances are multiple events, like jazz and classical music in the mall. If there is no amplified music, one performance does not drown out other performances. Coleman said many musicians need amplification and these can only occur indoors without impacting the entire town. Coleman said there are no music clubs downtown because the rents are so high and restaurants cannot afford entertainment. Coleman suggested the city set up a non-profit connection, public/private parmership to contribute to a fund to be administered by someone like Jazz Aspen and this fund could be used to pay the salary of bands to play in clubs. Mayor Klanderud said this suggestion could be incorporated in revitalizing the downtown. Councilwoman Richards suggested Coleman takes this to the CCLC for their input. 3. Les Holst told Council their job is to save the community. If Council saves this community, everything else will fall in line. The community is about permanent residents, people who live here. COUNCILMEMBER COMMENTS 1. Councilman Paulson said he just attended a conference in Banff on sustainability. Councilman Paulson said he found Aspen to be ahead of most communities. Councilman Paulson said the basis of the conference is communities should know who they are and where they are. Councilman Paulson said a definition of sustainability is when people are not subject to 2 Regular Meeting Aspen City Council June 23~ 2003 conditions that systemically undermine their ability to maintmn a quality of life. The other definition is carrying capacity, the capacity of the land to carry a certain amount of people and if one defines human carrying capacity as the maximum rate of resource consumption and waste discharge that can be maintained indefinitely without 'impairing the functional integrity and productivity of the planet's global infrasystem, then a case can be made that for the claim that natural limits to growth have already been exceeded. Councilman Paulson said he would like this to be a retreat topic. 2. Councilwoman Richards requested a report from staff on the impacts of Jazz Aspen on Rio Grande park, how long it will take the grass to recover, how long the park will be closed, etc. City Manager Steve Barwick said he has requests from several Council members for information on RFTA ridership, parking problems, police and no~se comments. 3. Councilman Torre said there are many issues facing Council that require a lot of citizen input and gave citizens his e-mail and phone number. 4. Councilman Torre said he attended Tom Peirce's memorial service. This was an amazing Aspen event; Peirce affected a lot of people. Councilman Torre congratulated Food & Wine for a great event to kick off the summer season. Councilman Torre said he is looking forward to the report on Jazz Aspen's event at Rio Grande Park. Councilman Torre said he would like to get citizens comments on. the Saturday Market. 5. Mayor Klanderud expressed appreciation for the arts groups, the MAA, Jazz Aspen, The Writers Foundation, for great events through the weekend. Mayor Klanderud congratulated Aspen Santa Fe Ballet who put on a dance performance at the Joyce Theatre in New York City to a sold out crowd. There was a good review in the New York Times. Mayor Klanderud stated Aspen can be very proud of their arts groups, who provide a soul to this community. Also there was an outdoor endurance race with 38 teams from all over the county. Mayor Klanderud thanked the McBride Family and the Sopris Foundation for sponsoring the State of the World, State of the State, and State of the Community conference. Mayor Klandemd said she got ideas that may help influence Aspen's direction. 6. City Manager Steve Barwick told Council thereare several openings on the Arts and Non-profit Grants Review committee. Councilmembers or citizens should let Paul Menter, finance director, know if there is interest. 3 Regular Meeting Aspen CiW. Council June 23, 2003 7. City Manager Steve Barwick requested to add funding the for Fourth of July street dance and an executive session regarding land acquisition to the end of the agenda. City Manager Steve Barwick also requested moving VIII (d) Ordinance #28, 2003 202 S. Garmisch Request to De-list from Historic Inventory to the first public hearing. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar; seconded by Councilman Semrau. The consent calendar is: · Minutes May 27, 2003 · Resolution #53, 2003 Kids First Community Foundation Agreement · Resolution #54, 2003 - Accepting Easement/Carbondale Apartments All in favor, motion carded. FIRST READING OF ORDINANCES · Ordinance #32, 2003 - South Aspen Street PUD · Ordinance #33, 2003 South Aspen Alley Vacation · Ordinance #34, 2003 - Code Amendment - Historic Lot Splits in Previously Approved Subdivisions Councilman Semrau recused himself from Ordinances 32 and 33, as he owns property within 300 feet. Councilwoman Richards moved to read Ordinances #32 and 33, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/FINAL PLANNED UNIT 4 Regular Meeting Aspen City Council June 23, 2003 DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF A DEMOLISHED MULTI-FAMILY BUILDING, REZONING TO L/TR WITH A PUD OVERLAY, AND A SPECIAL REVIEW TO ESTABLISH THE AFFORDABLE HOUSING PARKING REQUIREMENTS FOR THE PROPERTY TO BE DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 33 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL VACATING THE ALLEY LOCATED IN BLOCK 11, EAMES ADDITION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilwoman Richards moved to adopt Ordinances #32 and 33, Series of 2003, on first reading; seconded by Councilman Paulson. Roll call vote: Councilmembers Torre, yes; Paulson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Paulson moved to read Ordinance #34, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 34 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO CHAPTER 26.480 OF THE CITY OF ASPEN MUNICIPAL CODE, TO ALLOW HISTORIC LANDMARK LOT SPLITS ON DESIGNATED PARCELS LOCATED WITHIN SUBDIVISIONS. Councilman Semrau moved to adopt Ordinance #34, Series of 2003, on first reading; seconded by Councilman Paulson. Roll call vote: Councilmembers Semrau, yes; Paulson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Regular Meeting Aspen City Council June 23~ 2003 ORDINANCE #28, SERIES OF 2003 - 202 S. Garmisch Request to De- list from Historic InventorY Amy Guthrie, community development department, told Council this request to delist 202 South Garmisch was made 5 years ago and the HPC did not agree the property ought to be removed from the historic inventorY. Since then, the city has adopted a new historic ordinance and has come up with a new objective scoring system to have a better decision-making process. Ms. Guthrie said HPC and the applicant spent a lot of time looking at this building. This is a house from the 1800's; however, everYone agrees the structure has been significantly altered beyond where it could be restored with any accuracy. The HPC is unanimous in recommending this structure be taken off the historic inventorY. John Kelly, representing the Bishop Family Trust, said if Council wants to hear the entire presentation made to HPC that can be done. The reason for not scheduling this extensive presentation is that it costs a lot of money and people have to come from out of town. Kelly said the HPC members were unanimous that there was not enough historical integrity left to keep this property on the list of designated historic properties. Kelly presented the affidavit of posting and mailing. Mayor Klanderud opened the public hearing. Mayor Klanderud entered into the record a letter from Tom Goldberg in support of this request for de- listing. Mayor Klanderud closed the public hearing. Councilman Paulson said he is concerned about de-listing this property. Albert Bishop goes way back in this community. Councilman Paulson asked if Albert Bishop!s community involvement was a consideration. Councilman Paulson said he is afraid of delisting and what might be replaced on this property. Ms. Guthrie noted this is only the second de- listing brought to Council; the other was the Holland House2 Ms. Guthrie told Council staff and HPC are being as careful as they can be. HPC acknowledged the importance of the Bishop family; however, physically there was not enough remaining to say the house was historic. HPC needs to be involved in the preservation of authentic buildings. Regular Meeting Aspen City Council June 23, 2003 Ms. Guthrie said the property, is zoned R-6, which would allow a single- family house up to 3,240 square feet. Councilman Paulson asked about the large spruce tree on site. Councilman Paulson said there should be a condition {o this de-listing that a certain amount of character remain with the parcel. Kelly said the tree was one of the items that rendered this non- historic, The tree was not the traditional landscaping, which was all cottonwoods. Also the tree obscures the house. Kelly told Council most HPC members went on a site visit and personally scored this structure. Councilman Semrau moved to adopt Ordinance #28, Series of 2003, on second reading; seconded by Mayor Klandemd. Councilwoman Richards asked if the standards have been set too high at 50 with the new scoring and many properties will be able to apply. Ms. Guthrie said she does not feel the standard has been set too high. It is hard for HPC to use an objective system rather than looking at a property sentimentally. Ms. Guthrie told Council staff has looked at 150 miner's cottages and there may be 8 that will not score 50 points. This structure has lost its front porch, all windows, the siding and trim are gone, the front entrance has been moved. Councilman Paulson said part of the criteria is who lived in a structure and what they contributed to the community. Councilman Paulson said he does not like changing this comer to a structure that will not fit. Ms. Guthrie said the criteria discusses a structure should have association with history and have integrity. Councilman Paulson said when people add to the character of this town, they should be honored. Councilman Paulson said there has to be something that holds this community together and that should be its history. Councilman Torre suggested HPC, its goals and its aims be a topic of retreat so Council can maximize what they are trying to accomplish. Mayor Klandemd pointed out the major criticism of the previous ordinance is that it was too subjective. Councilman Semrau said the applicant followed all the roles and got staff and HPC recommendation to de-list. Councilwoman Richards said HPC is strident about maintaining every resource they can. If the HPC were not unanimous, she would be more hesitant. Roll Call vote: Councilmembers Richards, yes; Torre, yes; Semrau, yes; paUlson, no; Mayor Klandemd, yes. Motion carried. 7 Regular Meeting Aspen City Council June 23, 2003 ORDINANCE #5, SERIES OF 2003 - Code Amendment - Infill Mayor Klandemd announced a Work session scheduled for Monday, June 30th at 5p.m. with P&Z to discuss infill further. Council is going to discuss 3 areas of the ordinance tonight. Chris Bendon, community development department, said the 3 issues to be discussed are the C-i, NC zones and parking, Bendon showed Council where the NC and C-1 zones are located, adjacent to the CC zones. These zones are meant for more local businesses. The zones do not get as much tourist traffic. C-1 has the same dimensions as CC; there is no HPC review. Bendon told Council the C-1 zone would not have any restrictions on uses on the ground floor; restaurants would now be a permitted use. The dimension would be the same as the CC with a 40 foot height and 0 setback requirements. Bendon said the P&Z and infill task force struggled with the C-1 and NC zone. Both groups concluded that the market should define character in the lessening hierarchy of zoning. Bendon pointed out both NC zones are covered with PUD. This ordinance does not recommend combining or changing zone districts. Mayor Klanderud opened public comment on the NC and C-1 zone. Bert Myrin said the NC zone provided a transition between the commercial core and surrounding neighborhoods. Myrin said transition is provided in heights, density, setbacks. Myrin presented a graph showing the heights in CC and NC. If the height is increased, there will be no transition between the two zones. Myrin showed a graph with density/acre; the NC and C-1 zones do not have a limit on that. Myrin said the rear yard setbaCk is proposed to be zero, which would allow commercial buildings to come right up to residential lots. Bendon said there are 3 zones peripheral to the commercial core, NC, mixed use and C-1. P&Z and the task force discussed combining these. Bendon said Council might consider making the NC more like the mixed-use zone. Bill Wiener said in reviewing the work to date, what has become obvious is that in almost all zones, the parking requiremeht was reduced; the maximum height was increased, change in use of buildings was not addressed, building size and densities have been increased. Wiener noted there are no numbers of the existing square footage in each zone or what the existing build out could be under the present code or the total build out using infill. Wiener said the Council does not know if there are deficiencies in affordable housing or surpluses. Wiener said the city shOuld hire someone to do a 8 Regular Meeting Aspen City Council June 23, 2003 monetary value evaluation of intangible community assets like views, open space, parks, and trails. Walt Madden said in combining the NC and C-1 zone, there might be a proliferation of restaurants into these zones, which could have a negative impact on residents. Harley Baldwin said allowing 4 story buildings would completely change the character of the downtown and may not be recoverable. Baldwin said it is important there is sun on the streets and a feeling this is a small town. Waag urged Council to leave town alone. Bill Stirling said NC and C-1 should not mimic the CC zone or those zones will lose their purpose. Stiding said these zones help to preserve the overall small town character of Aspen. Bendon said one of the primary purposes of this is when there is redevelopment, how does the town want this redevelopment shaped. Stirling said the new Council needs to decide whether this is the way they want to go. Julie Ann Woods, community development department, reminded Council the 2000 Aspen Area Community Plan had 100 action items, many of which pointed to investigating infill development. Council then directed staff to proceed with infill. Eric Cohen, P&Z member, noted much of the land use regulations date from the 1970's. The downtown has many small, deteriorating buildings, and these need to have some room to expand. Cohen said the infill code amendments in front of Council have been pared down since P&Z review. Ruth Kruger, P&Z member, said these amendments have been under consideration for over 3 years, have been well thought out and community driven. Ms. Kruger said to throw these all out will be a waste of time. Ms. Kruger told Council P&Z spent a lot of time figuring out how each piece of the zone district and the amendments work together. Ms. Kruger said many buildings in the downtown are functionally obsolete. Steve Falender agreed it is important to modify provisions of the existing code that are too burdensbmel Falender said parts ofinfill should be kept. Falender said it is important to keep the scale of new buildings consistent with what is in Aspen now. Falender said the Aspen Area Community Plan calls for rejuvenating the town but nowhere does it talks about building bigger buildings or increasing the scale. Cliff Weiss asked why Council is considering sweeping changes rather than just picking locations to address problems. Regular Meeting Aspen City Council June 23~ 2003 Mayor Klanderud reiterated Council is meeting with P&Z next Monday. There will be no decisions at this meeting. Councilman Paulson asked the two new Councilmembers if they are in accord that the discussion on infill should keep going. Councilwoman Richards said Council agreed this public heating should be held and there is a work session next week. Councilman Paulson said he is concerned about allowing this code amendment to go forward incrementally. Councilman Paulson said he has taken photos of 140 view planes that should be preserved. Councilman Paulson said this amendment will change the town. Councilman Paulson said he does not want to change the town unless it is an extraordinary project. Councilman Paulson said the sustainability conference stressed one should know who they are anc~ where they are. Councilman Paulson said infill should be shelved and looked at in conjunction with sustainability. Councilman Torre said breaking this ordinance into pieces is helpful towards understanding the whole. Mayor Klanderud agreed this code amendment fits into what Council wants this commumty to be. Bendon said coming to a consensus on the big picture would be useful when Council breaks this into smaller pieces. Bendon said Council should look m parking as a public resource necessary for the health of the business community. The blight of over parking should not overcome the community. There will always be a demand for more parking than will ever be available. Bendon said the ordinance recommends providing more flexibility for the private sector to give them an opportunity to be more creative in their solutions and to develop ~n a more visually appealing way. There is flexibility if one wants to develop a small site and the parking requirement breaks the project, the on-site parking could be conjoined with an adjacent property. In the commercial zones, parking cash-in-lieu is available at $30,000/space. Bendon noted not all parking serves the public purpose of helping the business community and some private parking could be managed better and shared. Bill Stifling said an auto free zone may be too radical for Aspen. Stifling said alternative parking for developers will get used up. Stifling said what is destroying the downtown are large, noisy, polluting buses. Peter Fornell reminded Council a study was done by RFTA on where parking in the downtown was appropriate, estimating the need for parking in the future. 10 Regular Meeting Aspen City Council June 23~ 2003 Fomell suggested Council use this study in their parking discussion. Wiener noted that the parking requirement is diminished in every zone in this ordinance. The amendment is diminishing parking and increasing population - more people and less cars. Wiener said open space will be diminished when there is more building and less spaces for parking. Harley Baldwin asked if parking under Wagner Park has been investigated recently. Garrett Brandt suggested parking cash-in-lieu be used by the transportation department rather than building more parking spaces. Bendon told Council the city cannot accept cash-in-lieu and not do anything with it. This suggestion has been incorporated as a good one. Eric Cohen, P&Z member, said people's uses can be changed; people will take whatever they can get away with and if there is parking, people will drive. Cliff Weiss noted 95% of the summer visitors come by car. The city needs to provide for them. Mayor Klanderud closed the public comment. Councilwoman Richards said it is a community goal to make the S-curves work and in order to make these work, traffic congestion has to be reduced. Councilwoman Richards said she is not interested in plans for new parking garages but would rather see any money generated put into mass transit systems. Councilwoman Richards supports relaxing the parking mitigation requirements in this ordinance. Councilman Paulson said the infill code amendments should be shelved because it is ahead of where the city is going with transportation issues. Councilman Semrau moved to continue the public hearing on Ordinance #5, Series of 2003, to July 28th; seconded by Councilwoman Richards. All in favor with the exception of Councilman Paulson; motion carried. ORDINANCE #23, SERIES OF 2003 - Tipple Lodge Scott Woodford, community development department, told Council this is an application for 2 free market townhomes and I affordable housing unit to be built and operated in conjunction with the Tippler Townhomes, which was approved in 1998. The vested rights for the Tippler Townhomes were extended in February 2003. Woodford pointed out this development would be accessed off Galena Street in a shared access with the Tippler Townhomes. There will be two connected underground garages with 9 spaces for the Lodge and the Townhomes. There are 2 spaces for each free 11 Regular Meeting AsPen City Council June 23, 2003 market unit and 1 space for the affordable housing unit. 4 spaces will be provided for the houses at the top of the hill. The free market units are 2500 square feet; the affordable housing unit is one-bedroom, 600 square feet. The applicants propose to condominiumize the unit, to timeshare the 6 units and operate them under the same timeshare management. There will be 1/6 fractional interests with 2 summer weeks, 2 winter weeks, and 3 off-season weeks. The condominium association will own the affordable housing units, which will be deed restricted and rented. Woodford told Council no variances in dimensional requirements are being requested. The applicants are requesting an exemption for teanng down the Tipple Lodge condominiums. This structure had 2 units that housed locals and the code requires an applicant replace 50% of the bedrooms and 50% of the square footage. Woodford told Council P&Z approved special review for affordable housing parking at 1 space/unit. The community development director approved an insubstantial amendment for the Tippler Townhomes to facilitate the access for the two projects. The applicant proposes exemption from timeshare regulations. The city's regulations allow projects of less then 6 units and less than 1/7th increments to be exempt from the requirements. Staff recommends approval. Brooke Peterson, representing the applicant, noted this project is being processed at the same time as the Residences at the Little Nell, which will be before Council July 14th. Peterson said the applicants will hold this application until the Residences is either approved or it is determined they cannot be completed. Peterson said this is an unusual situation. There is no prohibition in the city code against processing two applications for one property at the same time. Peterson pointed out this application started before the Residences. Peterson said there are financial concerns, as well as the hope to do demolition to the Tipple Townhomes and Tippler this fall. This will be the backup project if the Residences does not get approval. Peterson committed not to present final land use documents for signature until there is resolution on the Residence at the Little Nell. Peterson said this is not the applicant's preferred plan but will help satisfy the economic concerns of the owners. 12 Regular Meeting Aspen City Council June 23, 2003 Sunny Vann, representing the applicant, said the Tipple Townhomes successfully competed in growth management in 1998 and received a growth management allocation, which included affordable housing mitigation. The only reason the Tippler Townhomes is part of this application is the shared application and the request for exempt timesharing for the total of 6 units.- The Townhomes complies with all requires of the LTR zone, it is within the allowed height, density, less than the allowed floor area. The Tippler Lodge is designed to be operated in conjunction with the Townhomes and also to comply with all regulations. Mayor Klanderud opened the public heating. Steve Falender said he is pleased to see a project that complies with all the underlying zoning requirements. Falender said presenting two projects for the same property does not seem right. Mayor Klanderud said there is a code amendment in front of P&Z to disallow this. Falender requested Council amend 2 of the conditions of approval. Falender requested the neighbors be notified and be allowed to meet with the community development department engineer to look at the soils study plan. Falender also requested the applicants agree to do any monitortng requested by the city's engineer. Falender said the neighbors are concerned about how the construction will be handled with regard to fire access above the project. Mayor Klanderud said there is a code requirement regarding construction sites and access to other properties and a plan has to meet approval of the fire marshal. Mayor Klanderud closed the public hearing. Councilwoman Richards brought up the demolition replacement ordinance and asked if2 units is the accurate amount of replacement housing based on historical use of this building. Vann said the code applies ifa property was rented long term and 10 of the units of the Tipple Lodge were rented predominantly short term. The city approved a condominiumization of this building in the 1980's. Two units were used for long-term residents. The 10 units do not meet the definition of replacement of multi-family units. Councilwoman Richards said she thought the units had been rented long term for the last several years. Mayor Klanderud asked if an audit was done on how the units were used. Vann said the applicants discussed with the resident manager how the building had been used and 10 of the units were 13 Regular Meeting Aspen City Council June 23~ 2003 rented short term and available for nightly rentals. Vann said he found no long-term leases. Mayor Klandemd said 10 lodge units are being displaced and only 6 timeshare units are being redeveloped. Mayor Klandernd noted the city is not getting any financial impact nor is the city getting as much affordable l~ousing as they should be. Vamr said the previous lodge operation had been shut down as it was not financially feasible. Mayor Klandemd said she is not comfortable with approvals on this project while the Residences at Little Nell is being processed. Mayor Klandemd said she would like strong assurances that there is not final approval for two projects that could be "either/or". Vaun reiterated the documents for the Tipple Lodge will not be recorded until the conceptual issues for the Residences is approved or denied. Recordation of the final documents is a requirement for getting a building permit. Vann said the applicants will extinguish the development approval for one of the projects. Vann said they will only build one project and they have expressed a preference for the Residences. Vann stated as long as one of the plats is dissolved prior to issuance ora building permit, there is only one approval on the land. Vann said there is no incentive to pull a building permit as that triggers many other requirements. Councilwoman Richards said there is only one location in which to rebuild the bed base and that is at the base of the mountain. There are residential building rights in the lodge district and these may be an equal return to an investor, including the hassle factor. Councilman Semrau noted this meets the underlying zoning and is within the property owner's rights. Councilman Semrau agreed it is a good example of the deficiencies in the city code. Councilman Paulson said he would like to see a combination of this project and the Residences. Mayor Klanderud said she feels there is a better project for this location than two town houses. City Attorney John Worcester told Council an applicant cannot get two development orders, which is the final step before building permit. There can only be one development order per parcel. Vann said the application for the Tipple Lodge Was submitted in August 2002. The applicants would like approval for this while they continue to pursue the Residences. 14 Regular Meeting Aspen Ci,ty Council June 23, 2003 Councilwoman Richard moved to adopt Ordinance #23, Series of 2003, with the provision that the neighbors be consulted at the time of the soils survey with the engineer and that the fire marshal look at fire and safety access during any demolition and excavation time as well as the final deVelopment plan and that a building permit will not be issued for this unless the Residences application has been withdrawn Peterson asked what consulting with the neighbors on the soils survey means. Councilwoman Richards said the neighbors would like to give background and history when the soils study is being looked at. Vann said the applicants are required to submit a soils evaluation to be reviewed by city staff. Vann said the condition states the applicants will comply with the recommendation of the soils analysis. Julie Arm Woods, community development department, said if the neighbors are not "consulted", where does that leave staff. Peterson said when the soils study is submitted, they will give the Falenders a copy. Peterson said he is not comfortable with the language "consulted". Councilwoman Richards withdrew her motion. Councilman Semrau moved to adopt Ordinance #23, Series of 2003, on second reading with the condition that prior to the issuance of a building permit or demolition permit, the application for the Residences at the Little Nell will be withdrawn and that the Falenders will be provided with a copy of the soils study and invited to comment; seconded by Councilwoman Richards. Roll call vote: Richards, yes; Torre, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #29~ SERIES OF 2003 - Dancing Bear PUD James Lindt, community development department, told Council this is a lodge preservation PUD to redevelop a site at 411 South Monarch street. Council is the final reviewing body of all land use requests for this site. Lindt showed Council where the site is, just west of Wagner park. The site is 12,000 square feet and is zoned LTR. There is currently a one-story lodge building with 23 bedrooms. This building has been vacant for the last 5 years. Lindt said the proposal is tO demolish the existing lodge and replace it with an 11-unit time share lodge of 28 bedrooms. Each unit will have lock off capabilities. 15 Regular Meeting Aspen City Council June 23~ 2003 Lindt reviewed each floor of the proposal. The first floor has a lobby and check in area access from South Monarch street; a lounge/bar with patio seating; one 1400 square foot, 2 bedroom lodge unit; 2 affordable housing units of 2 bedrooms. The second floor contains 4 lodge units, two 1400 square feet 2 bedroom units; two 2800 square feet 3 bedroom units. The third floor contains 3 2800 square foot 3 bedroom units. The fourth floor has 3 three bedroom units and a recessed patio. The fifth floor has a glass gazebo, which would have a hot tub and exercise area. Lindt said the applicant proposes 3 below grade levels. The first level has a garage access accessed from the alley, as well as a games and recreation area, and a storage area. There are 24 parking spaces proposed on site; 5 spaces at grade on the applicant's property. The second floor below grade contains the majority of the garage. The third floor below grade contains more storage for the owner's personal goods, mechanical area and conference room. Lindt said the timeshare will be 8 shares per unit, 58 totals estates. The FAR is 3.25:1 and a height of 57 feet to the midpoint of the gazebo. Lindt told Council staff feels this is an appropriate use for the site. In the past this has been used as a lodge. This project will bring vitality to a very important comer in town. The applicant has proposed a good deal of their affordable housing mitigation on site. The applicant has proposed greater than .7/lodge bedroom 0fparking spaces, which is required by code. Lindt noted one concern is the height, which is proposed at 57 feet as measured by the land use code. Other lodges in that area are the St. Regis, which is 50 to 60 feet, the Mountain Chalet is low 50's. Three P&Z members felt the height was too extreme for the 28 feet as allowed in the LTR zone. Lindt told Council the upper floors are recessed to create a wedding cake effect, which helps lessen the mass. The building has been stepped down to the west towards the townhomes. Lindt said staff feels the massing ~s appropriate with the exception of the turret. Lindt told Council the applicant proposed to use two spaces on Monarch as loading zones. Staff does not agree a lodge of 11 units needs a loading zone and added a condition that two alley spaces be signed as check-in parking. The third issue is the financial impact analysis to compare the proposed timeshare lodge with the tax revenues that would have been gained through lodge use. Lindt said the applicant's financial impact analysis shows there 16 Regular Meetin~ Aspen City Council June 23~ 2003 would not be a tax revenue loss through this fractional fee change. The city's finance director, Paul Menter, commented the projected nightly rental rates are too high and the analysis should be redone with a lower rate. Menter requested a condition that the city be able to do an audit after the lodge is operating. Mitch Haas, representing the applicant, reiterated this site has been sitting vacant for several years and has been years since it has contributed to Aspen's bed base. Haas said a boarded up building ~s sending an antithetical message to tourists regarding the economy and the vitality of lodges on the fringe of the commercial core. Haas told Council most potential purchasers of this property wanted to build residential townhomes. This owner ~s interested in developing something that will contribute to the vitality and economtc sustainability of the town. The applicant proposes two above grade employee housing units. This development should raise occupancy levels and should attract new visitors to Aspen. Haas noted there are trash compactors and recycling facilities access offthe alley. There will be a decrease of 1 lodge unit from the Aspen Manor; however, the bedrooms will increase from 23 to 28. There will be an increase of leasable commercial space on the property including a sidewalk patio cafd on the comer. Haas told Council the applicants propose to house 4.5 employees and the remaining fraction of employee will be mitigated by cash-in-lieu. The management and operation of the lodge will be done with an existing lodge or with a management company. Haas said a strong architectural statement is important on this comer, right across from a large park. The perceived mass of the structure is broken up by different forms and modules, changes in exterior building materials, balconies, different window forms and shapes, and stepping the building back. Haas said they have tried for a classic wedding cake style building, the structure steps down in height to the west and the southwest comer of the lodge is only 25 feet above grade. The west side of the lodge is 3 stories as is the northwest and northeast comers of the building. The midsection of the building is 4 stories. The 5th story gazebo sits in the center of the building. The building height has been lowered and the mass reduced through P&Z review. Haas told Council the height at the comer of Monarch and Durant is less than 32 feet without the turret. 17 Regular Meeting Aspen City Council June 23~ 2003 Haas said the height of the structure varies depending from where it is measured. The fluctuations are a function of the topography of the site. The highest measured height on a public right-of-way is at the northwest ~comer along the alley and it is 39'9"; the southeast comer 31'6" exclusive of the turret. The height is the gazebo is mitigated by using glass, by the stepping. back of the surrounding levels and the fact it is setback 27 feet from Durant Avenue. - This should not shadow streets or surrounding properties. The Wheeler Opera House view plane of Aspen mountain would not be compromised by this development. The overall height of Dancing Bear is lower than that of the St. Regis. The Mountain Chalet addition was approved at 52 feet to the midpoint ora pitched roof and allows 5 stories in that building. Haas said given the site's location and proximity to downtown and the transportation center, there should be little need for cars. There are 24 on- site parking spaces. The applicant commits to encouraging employees and guests to use alternative transportation. A fleet of bicycles will be kept on site for guests and employees. There will be provision for airport shuttle by the applicant or by contract with another lodge who does airport shuttle. The applicant has committed to keeping a small fleet of hybrid vehicles for use by guests and employees. Haas said they hope to obtain LEEDS certification, which is a national green building program, and to come as close to possible of the gold level. Haas summarized this is will replace an eyesore, will add hot beds, and will revitalize the Durant/Monarch intersection. The applicants hope to set a precedent for green building; they plan of housing 4.5 FTEs on site. There will be over $1 million in direct tax generation in the first 5 years of operation. The project provides community facilities, is self sufficient for parking and storage and the project furthers the AACP goals with respect to small lodges, affordable housing, economic sustainability, growth and the environment. David Brown, architect, went over the materials and the architecture of the proposed building. Brown told Council they went through the guidelines in the fractional timeshare ordinance and have tried to incorporate everything the ordinances envisions. Mayor Klandemd opened the public hearing. 18 Regular Meeting Aspen City Council , June 23~ 2003 Cliff Weiss said this building is out of scale for the neighborhood. Weiss said he does not feel this size building will contribute to the community. Roger Haneman, P&Z member, said this project will bring more benefits to the community than the one Council just approved. Haneman said these applicants made a great effort to meet the requests of P&Z. Dale Paas, Limelite Lodge, said he is concerned about the economic viability of the base of Aspen Mountain; however, he is very concerned about the economic sustainability of the Limelite Lodge. Paas said a massive building of this height and bulk will negatively affect the ability of the Limelite to rent rooms. Paas said this building does not blend with the neighborhood. Paas requested Council only approve 28 foot high building as allowed by the code. Stan Hajenga, manager Mountain Chalet, presented a letter from the owners of the Snow Queen Lodge stating they are against the proposed height, which goes against the principles of planning in this area. Hajenga applauded that someone is trying to develop this comer. Hajenga said the city needs to look at a system that allows a building to fall into disrepair for 5 years. Hajenga said the proposed height will affect many neighbors and many businesses. Hajenga said when the Mountain Chalet addition went through the process, they had to meet the view plane requirements. This building does not meet the view plane requirements. Hajenga said he would like to see this comer redeveloped; however, this proposal is beyond the scale and height called for. Debbie Falender said she reviewed the PUD and other land use code ordinances. The PUD ordinances say height, mass, parking, and density should respect the underlying zoning. The underlying zoning here is 1:1 and the FAR for this proposed project is 3.25:1. The PUD ordinance also states that the property shall be clustered to preserve significant open space. Ms. Falender noted that does not mean a building should be built right up to the borders of the property. Ms. Falender said this is too big for town. Mayor Klandemd closed the public hearing. Councilwoman Richards said she appreciates all the work that has been done; however, she cannot approve this plan. Councilwoman Richards noted there is discussion in the in fill about creating more view planes and 19 Regular Meeting Aspen City Council June 23, 2003 one of Shadow Mountain and this will block the view of Shadow Mountain, The building is taller than the surrounding pine trees. Councilwoman Richards agreed she would like to see redevelopment on this lot; however, this is overreaching. Councilwoman Richards said only 9% open space may work for a one story building but it does not work for a 5 story building. Councilwoman Richards noted part of a PUD process is to look at a greater public benefit. This proposal does not add any extra affordable housing out of 36,000 square feet. Councilwoman Richards said this site is on the north side of Durant and has transitioned to a different neighborhood from the base of the mountain. Councilwoman Richards noted this building will be higher than the Elk's Club building. Councilwoman Richards said this is zoned LTR and one could construct 3 residential townhomes on this site, which would not contribute to the community either. Mayor Klanderud said she, too, has problems with the height, especially as it would block the view of Shadow Mountain. Mayor Klanderud said the turret makes the building interesting. Mayor Klanderud stated she would consider some height variance; however, this is much too high. Mayor Klanderud said she would prefer to see all affordable housing built rather than get cash-in-lieu for housing. Mayor Klanderud said she is concerned there are only 2 parking spaces for affordable housing. Mayor Klanderud agreed it is great something is being planned for this site. It is a critical block in Aspen. Brown said some of the benefits to the community are that this project will provide hot beds and will bring guests to Aspen with money to spend. Councilman Paulson agreed the structure is took tall. Councilman Paulson said he likes the gazebo. Councilman Paulson said he would like to see the building shrunk. Councilman Paulson asked about the trees on site. Brown said they have met with city staff, who have identified 2 or 3 significant trees on Durant street that should remain. The applicants will cooperate with the parks to give them what they ask for. Haas told Council the large conifers are not appropriate for pedestrian traffic as they grow all the way to the ground. The parks department is recommending trees that are more easily walked under. Councilman Paulson asked what will keep a person from buying 6 or 12 months of one unit. City Manager Steve Barwick said that is covered in the city's timeshare ordinance, which he will have to Council at their next 20 Regular Meeting Aspen City Council June 23, 2003 consideration of this application. Barwick said the city cannot guarantee how a building will be occupied but can guarantee that one person may not purchase all the weeks. Councilman Semrau pointed out the infill ordinance would only allow 30 feet plus an additional 8 feet with special review and a historic TDR. Councilman Semrau said agreed this ~s a great project in a great location bm it is too big; the height and mass are out of scale for the site. Under the PUD process, the applicant has the responsibility of proving a project is deserving of an exception. Councilman Torre asked what percentage of the total square footage is actual lodge space and what is amenities, parking, storage. Brown said it is 50% net leaseable under the LTR definition of net leasable. Councilman Torre said there seems to be a lot of amenity space built in and there may be a way to lessen that, make the units smaller, and make the project smaller. All the amenities will make guests stay on property rather than go out in town and spend money. Brown said the intent of the amenities like the game room and movie theatre is to give families things to do. Brown said without the amenities, this ~s not a competitive project and would be under serious distress. Brown said there is not a square inch that could be removed w~thout impacting the project. Mayor Klanderud noted when the Obermeyer project first came to Council, there was an outcry about the height. The design team came back with a project at the height requirement, which won broad support. Brown pointed out applicants are not allowed to talk to Council until the end of the process. It would be better to have a more collaborative process. Brown asked Council what would be the right height, the right mix, the right project. Councilman Semrau said the right use is family type lodging and the amenities are great; however, the mass, scale and height are out of character. Councilman Semrau said he feels 38 feet would be appropriate for the nmghborhood. Mayor Klanderud agreed she could approve 38 feet. Mayor Klanderud said she would also like all employees housed on site. Mayor Klanderud said she likes the commitment to green development, Councilman Semrau moved to continue Ordinance #29, Series of 2003, to Iuly 28; seconded by Councilwoman Richards. All in favor, motion carried. 21 Regular Meeting Aspen City Council June 23~ 2003 Councilwoman Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Panlson. All in favor, motion carried. RESOLUTION #55~ SERIES OF 2003 - Obermeyer Temporary Use Chris Bendon, commumty development department, told Council this temporary use request is for a real estate office to be located on the Obermeyer property. Bendon said staff does not sec any issues with this request. Mayor Klanderud opened the public heating. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to approve Resolution #55, Series of 2003; seconded by Councilman Paulson. All in favor, motion carded. RESOLUTION #56~ SERIES OF 2003 Mascotte Annexation John Worcester, city attorney, told Council this property is located at the base of Smuggler Mountain along Park Circle. The owner, Alain Degrave, owns lots 2 and 5 of the Aspen election subdivision, which are already in'the city. City Clerk Kathryn Koch reported the posting and publication are in order. Worcester said there is 1/6th contiguity with the city and a community of interests exists. The area is capable of being integrated within the city. The property hasnot been subdivided into separate parcels. 100% of the property owners have consented to annexation. There are no other annexations pending. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Resolution #56, Series of 2003; seconded by Councilwoman Richards. Councilman Paulson said he would like a neighborhood map for second reading to make sure where this is located in reference to any possible master plan for Smuggler Mountain. All in favor with the exception of Councilman Paulson, motion carried. 22 Regular Meeting Aspen City Council June 23. 2003 ORDINANCE #35~ SERIES OF 2003 - Mascotte Annexation Councilwoman Richards moved to read Ordinance #35, Series of 2003; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE NO. 35 (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MASCOTTE-LODE ANNEXATION." Councilwoman Richards moved to adopt Ordinance #35, Series of 2003, on first reading; seconded by Councilman Semrau. Councilman Paulson said he would like a comparison of the potential FAR in the city and what exists in the county for second reading. Roll call vote: Councilmembers Semrau, yes; Torre, yes; Richards, yes; Paulson, no; Mayor Klanderud, yes. Motion carried. YOUTH CENTER FEES Tim Anderson, recreation director, told Council last fall, the city and the Youth Center worked on a fee structure for the entire facility. The "Fun Pass" was to cover Youth Center admissions and the Youth Center would be reimbursed $.50 per visit. Sue Smedstad, Youth Center, told Council this facility has been so successful that the initial set up is not working. Ms. Smedstad told Council the Youth Center has been charging $1.00/use. The Youth Center has had to double its staff to 4 so that the facility is closely supervised. The Youth Center needs to change the rates so that they will not operate at a deficit. Anderson recommended leaving the "fun pass" rates as they are and the "fun pass" will no longer be honored at the Youth Center. The Youth Center will collect $1.00/daily use fee. Anderson suggested refunding a pro rated amount on the "tim pass" for the difference in the fun pass no longer being accepted at the Youth Center; this is about $ 50 on a full pass. Council agreed anyone who wants reimbursement should be eligible. 23 Regular Meeting Aspen CiW Council June 23~ 2003 Councilwoman Richards moved to suspend the rules and extend the meeting to 11:30 p.m.; seconded by Councilman Torre. All in favor, with the exception of Councilman Semrau. Motion carded. RESOLUTION #57, SERIES OF 2003 School Resource Officer Loren Ryerson, chief of police, told Council the school resource officer has been a very successful program. The city has just been awarded a grant of $125,000 from the Department of Justice for an additional SRO for 3 years. A condition of this grant is that the city commits to matching funds and to continuing this program for one full year after the grant expires. This totals $188,000 city responsibility over 4 years. Councilman Semrau moved to approve Resolution #57, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. REQUEST FOR FUNDS - Fourth of July Street Dance Linda Gerdenich, community relations officer, reminded Council they informally approved $3500 for a band for the 4th of July street dance. Ms. Gerdenich requested additional funds for a stage and a tent with sides. Ms. Gerdenich said the band will pay from 8 p.m. to the fireworks and from apres fireworks to 10:30. Councilwoman Richards said this should be part of ACRA budget next year and should not be Council's responsibility. Council agreed to a total budget of $5600. Councilwoman Richards moved to go ~nto executive session at 11:15 p.m. pursuant to C.R.S. 24-6-402(4)(a) acquisition of property and 24-6-402(4)(b) conference with city attorney; seconded by Councilman Torre. All in favor, motion carded. Councilman Semrau moved to come out of executive session at 11:40 p.m.; seconded by Councilman Torte. All in favor, motion carried. Councilman Semrau moved to adjourn at 11:40 p.m.; seconded by Councilman Torre. All in favor, motion carried. 24 Regular Meeting Aspen City Council June 23, 2003 C~~ Clerk 25