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HomeMy WebLinkAboutminutes.council.19940425Regular Meeting Aspen City Council April 25, 1994 Richards called the meeting to order at 5:07 with Councilmembers Waggaman and Paulson present. PROCLAMATION - Child Protection Awareness Week Councilwoman Richards and Council proclaimed April 25 to 30 Child Protection Awareness Week. Councilwoman Richards presented the proclamation to Pat Hall. Ms. Hall invited everyone to Parents Night Out April 26th. PROCLAMATION - Arbor Day Councilwoman Richards and Council proclaimed May 10th Arbor Day and presented the proclamation to Rebecca Baker, parks department. Ms. Baker invited everyone to a tree planting at the Marolt property at 1:30 p.m. Tuesday, May 10th. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilwoman Richards said there used to be bulletin boards around town used for by locals dispensing information. Council woman Richards asked staff refer this to CCLC for suggestions of locations for bulletin boards. 2. Bill Efting, assistant city manager, told Council the City Shop project is right on budget and on schedule. The Ice Garden and Red Brick renovations have also been started. 3. Bill Efting, assistant city manager, reminded Council there is a mini-retreat with the public works department May 3 at 4:30. There is a superblock meeting May 2 at 4 p.m. in the West Seminar room of the Aspen Institute. Efting told Council the applicants for 303 E. Main request this be tabled to the next meeting. Councilwoman Waggaman moved to table Ordinance #15, Series of 1994, to May 9; seconded by Councilman Paulson. All in favor, motion carried. 4. John Worces ter, city attorney, told Council the county will be proceeding with an appeal on the Burnt Mountain decision. The last date to file an appeal of May 2nd. The county issues affect both city and county residents. Worcester suggested if Council is interested in filing an appeal they should concentrate on transpor tation and air quality. Councilman Paulson said he would like to see the issue of water use a part of the appeal. 1 Regular Meeting Aspen City Council April 25, 1994 Worcester said water sales from Snowmass are a separate issue. Councilwom an Waggaman supports filing an appeal. Councilwoman Richards said she feels filing an appeal is very important. Councilwoman Richards said she is concerned about VMT reductions. Councilwoman Waggaman moved to direct the City Attorney to file an administrative appeal on Burnt Mountain; seconded by Councilman Paulson. All in favor, motion carried. CONSENT CALENDAR John Worcester, city attorney, reminded Council all items on the consent calendar may be adopted by a single motion without discussion. Any item on the consent calendar may be removed for discussion. Staff has placed first reading of non-controver sial ordinances on the consent calendar to expedite meetings. All ordinances have a public hearing at second reading. Councilman Paulson said it is important applicants be present for first reading in case there are questions. Councilman Paulson moved to read Ordinances #16, 17, and 18, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #16 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CODIFYING THE REQUIREMENT THAT ALL EXTENSIONS AND EXPANSION OF THE MUNICIPAL WATER SYSTEM OF THE CITY OF ASPEN SHALL BE MADE IN ACCORDANCE WITH THE ASPEN AREA COMMUNITY PLAN AND CITY COUNCIL RESOLUTIONS RELATING TO WATER POLICY AND OPERATING PROCEDURES ORDINANCE #17 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 795 MEADOWS ROAD, LOTS 3 & 4 AND THE NORTHWEST 1/4 ALL IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM, ASPEN COLORADO ORDINANCE #18 2 Regular Meeting Aspen City Council April 25, 1994 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO PROHIBITING SHOPLIFTING, ESTABLISHING ELEMENTS OF PRIMA FACIE EVIDENCE OF SHOPLIFTING, AUTHORIZING THE GOOD FAITH DETENTION OF PERSONS REASONABLE SUSPECTED OF SHOPLIFTING, AND ESTABLISHING AN EXEMPTION FROM LIABILITY FOR CERTAIN CLAIMS ARISING OUT OF ANY SUCH DETENTION was read by the city clerk Councilwoman Waggaman moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: A . Minutes - April 11, 1994 B . Resolution #29, 1994 - Easement Ho ly Cross Primary Electric Wires Parks Building C . Resolution #30, 1994 - Easement Holy Cross Primary Electric Wires City Shop D . Resolution #31, 1994 - Kappeli Water Lease Agreement E . Resolution #32, 1994 - Mayor's Deed - Sue W. Hall Trust F . Request for Funds - Water Audit G . Request for Funds - Superblock Meetings & Traffic Study H . Ordinan ce #16, 1994 - Codification of Water Policy I . Ordinance #17, 1994 - Adams Lot Split J . Ordinance #18, 1994 - Shoplifting Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes. Motion carried. ORDINANCE #10, SERIES OF 1994 - Juan Street AH PUD, Subdivision, and GMQS Exemption Leslie Lamont, planning office, reminded Council this request is for rezoning to AH, affordable housing, for the development of 6 affordable units and a GMQS exemption for those units, and vested rights. Dave Tolen, housing office, told Council this proposal is for 5 three-bedroom ownership units. There is an existing miner's cottage which will be renovated and sold as a two-bedroom unit. Tolen presented a model of the site. The required parking is all sub-grade structural parking which will leave yard and deck space for the units. Each unit will have a yard. Tolen told Council these units were designed in response to the needs outlined in the AACP for family-oriented ownership units. This site was purchased by the city three years ago. Tolen said the PUD variations requests are not of the type to cause impact on the surrounding property; these are not height, density or parking variations. The variations 3 Regular Meeting Aspen City Council April 25, 1994 requested permit small detached units on site. Tolen said the design is also responsive to the HPC comments and to concerns of neighbors who attended meetings on this project. Tolen said one particular concern was the height of the building and the housing office agreed not to ask for any height variances. Tolen read comments from the housing survey which indicate people want single family dwellings with yards. Tolen said the property of the immediate neighbor extends farther into the street which makes the sidewalk lead right into this property. Tolen said they plan a fence and some landscaping to deflect people from her property. Alan Richman, planner for the project, pointed out the development was planned around the existing historic structure. This is a transition neighborhood in terms of density and the planners took this into account when designing the project. Councilwoman Richards opened the public hearing. Mary Barbee, adjacent property owner, said this parcel is surround ed by undeveloped property and suggested perhaps this should be planned as a whole rather than one project at a time. Tolen said he does not see any advantage in putting this project off. This should be under construction this summer. Councilwoman Richards said Council asked that this project get going because of the delay of the Kraut housing project. Councilwom an Richards favors moving forward with this project. Richman reiterated the develop ment team did not maximize the size and use the multi-family zoning with higher density or FAR bonus for affordable housing. Councilwoman Richards closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #10, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes. Motion carried. ORDINANCE #12, SERIES OF 1994 - Code Amendment - Minimum Lot Size in AH Zone Leslie Lamont, planning office, told Council the minimum lot size in the AH zone is currently 3,000 square feet, which was incorpo rated into the AH zone as an incen tive. Ms. Lamont said in response to site planning for Juan street and also in response to the designers for East Hopkins, staff has been struggling with an inability to provide small home/small lot site designing and development. The AACP recommends miner's cottage type design. Ms. Lamont told Council P & Z has consistently commented on AH projects to break up larger buildings with smaller lots and smaller houses. This text amendment reduces the lot size to 1500 square feet if the original parcel is 27,000 square feet or less. Councilwoman Waggaman said she would like to have the ability to arrange duplexes or 4 Regular Meeting Aspen City Council April 25, 1994 fourplexes so that they have yards. Ms. Lamont said she feels applicants will only take the minimum lot size when they are also utilizing the PUD overlay. Rezoning with a PUD overlay does not add to the review process because applicants are already rezoning to AH. Councilman Paulson said he does not favor little houses with little yards. Councilwoman Waggaman said she would like some added protection for unusual situations rather than a standard item. Ms. Lamont suggested adding language to the ordinance that mandatory PUD is required if one is going below 3,000 square feet. Councilwoman Richards opened the public hearing. Craig Glendenning said the ability to put 1500 or 3,000 square foot duplex lots is desirable in affordable housing projects. Councilwoman Richards closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #12, Series of 1994, on second reading amending the affordable housing zone district to reduce the minimum lot size for single family and duplex dwelling units on parcels less then 27,000 square feet from 3000 to 1500 square feet with the additional amendment that on page 3 of the attached memo .d1 and .d3 will say that minimum lot size square feet on a lot of 27,000 square feet may be reduced from 3000 to no less than 1,500 square feet by PUD review and also that detached and duplex residential dwelling on a lot of 27,000 square may be reduced from 3000 to no less than 1500 square feet by a PUD review; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Motion carried. ORDINANCE #14, SERIES OF 1994 - Housing Guidelines Tom Baker, housing director, told Council staff made a number of changes since first reading. Baker reminded Council these guidelines adopt the policy for resident occupied units. Baker said the housing office has informed applicants when there is a formal adoption of RO regulations, these guidelines will be amended. Regarding the East Cooper property, there will be RO deed restrictions filed based on this interim solution. If the final solution is more liberal or to the advantage of the homeowner to change the deed restriction, the housing office will allow the deed restrictions to be changed. Otherwise, they may stay with these policies. Baker pointed out the unit size has been changed to 2000 gross square feet with an 800 square foot basement and a 500 square foot garage. Councilwoman Waggaman suggested the basement could up to 1000 square feet if the above ground building is the lesser size. Council discussed the length of residency and employment required for an RO unit and the interim solution in this document is 2 years. Council felt this should be 5 years. 5 Regular Meeting Aspen City Council April 25, 1994 Councilwoman Waggaman asked what the restrictions are on ownership of any other property in Pitkin County. Baker reminded Council in the past one could own residential property down valley. This was overturned at a joint meeting with the Commissioners. The intent is that if someone is residing in deed restricted property, they are not permitted to acquire improved residential property in the Roaring Fork drainage. Baker said there has been discussions on what constitutes a dependent. In the past the interpretation has been 9 out of 12 months. The rationale for 9 months came out of how adults in a primary residence are treated. This has been reduced to anything over 6 months. This will not be retroactive. Councilwoman Richards said she would prefer to see this track with reality where in most cases one parent will get the summer and various weekends and vacations throughout the year. Councilwoman Richards said she would lean toward 7 months or 210 days. Baker said this issue comes up when staff is trying to allocate scarce resources. Baker said the intention is only one parent gets to use the dependent to increase their priority for affordable housing. Baker said this is only a problem when both sets of parents live in the Roaring Fork Valley. Staff will take clarifications and a tightening up of the definition back to the housing board. Baker said there have been some complaints about couples not being able to qualify for 3 bedroom units. Baker told Council the housing board has struggled with this issue for years; how is a scarce resource allocated. Baker said the housing office felt the way to insure that the group with the least amount of options for housing, a household with children, had a leg up on 3 bedroom units. Baker said there is a small inventory of single family homes, which is the most desirable. Councilwoman Richards opened the public hearing. Jim Engler told Council the lottery process excludes a large portion of the community from single family houses or 3 bedroom units. Engler suggested using a longevity scale such as more points for more years in the valley to allow people to get into the lottery for 3 bedroom or single family units. Council suggested Engler take this idea to the housing board for further discussion. Jim Curtis, housing board, said this issue has been discussed over the years and is worth looking at again. Councilwoman Richards said she would be concerned about equating longevity in the community with value to the community. Baker said the Council can amend the housing guidelines if the housing board changes the recommendations for priority. Craig Glendenning said Council has discussed changing the require ments from 2 years minimum residency to 5 years. Glendenning said 2 out of 3 buyers for East Cooper who are ready to move in have been here less than 5 years. Curtis said as more restrictions are placed on RO units, this is going away from the philosophy of the housing board, which is 6 Regular Meeting Aspen City Council April 25, 1994 to make it less restrictive and create more incentives for the private sector. Dave Mylar, housing board, pointed out the lender for RO units will look at the ability for resale. If the market it limited to 5 year residency, this makes the market smaller. Councilwoman Waggaman suggested after a unit is on the market for 3 months, it could be extended to purchasers with less time in the valley. Baker said his goal is to prevent abuses in the RO units and 2 year residency does that, and the resale of these units could be more restrictive. Councilwoman Richards said the longevity issue on RO is not such a big issue now that a 4 percent cap has been instituted. Councilwoman Richards said she would accept 2 year residency for the interim, which would apply to East Cooper. Baker suggested upon resale the new employee require ment, whatever that turns out to be, would apply. Council agreed. Councilwoman Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance #14, Series of 1994, on second reading with the amendments as discussed; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes. Motion carried. ORDINANCE #13, SERIES OF 1994 - Powder House Condominiums Final SPA Development Plan Amendment/GMQS Exemption/Vested Rights Kim Johnson, planning office, said this is a request to build an employee duplex at the Benedict property at the end of Ute avenue. Within the SPA plan, space for this unit was set aside. The applicants are requesting a variation in the minimum lot area. The rural residential zone calls for 1 dwelling unit per two acres. This will be two dwelling units; a category 2 studio and a category 3 two-bedroom unit. This is voluntary and not part of any mitigation requirement Councilwoman Richards opened the public hearing. There were no comments. Councilwoman Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance #13, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; paulson, yes; Richards, yes. Motion carried. REAL ESTATE TRANSFER TAX DISCUSSION Tom Baker, housing director, requested direction from Council on the extension of the real estate transfer tax for affordable housing which expires this December. Baker told Council the housing board feels it is imperative to have a revenue resource in place if Council's intent is to implement the Aspen Area Community Plan. Baker said the Board recommends extending the RETT and the housing staff and Board will work to get information out to the 7 Regular Meeting Aspen City Council April 25, 1994 electorate on this question. John Worcester, city attorney, told Council he feels the city can extend the RETT; amendment 1 prohibits new or increased real estates transfer taxes . This would be neither. Amendment 1 does not prohibit extension of an existing RETT Councilwoman Richards said she supports putting this on the ballot in November and to have staff put together ballot language for Council's consideration. Councilwoman Richards suggested the length of the RETT track with the life of the AACP. Council agreed. ORDINANCE #19, SERIES OF 1994 - Ute Trail Townhomes PUD Amendment Councilman Paulson moved to read Ordinance #19, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #19 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL PUD PLAN, AN AMEND- MENT TO THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE UTE TRAIL TOWNHOMES, 831 UTE AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Leslie Lamont, planning office, reminded Council in 1990 the final development plan for Ute Trail townhomes was approved which included 4 free market units and 7 affordable housing units - 1 resident occupied and 6 restricted to category 2. That approval included 8 on-site parking spaces for the affordable units, 2 in a garage and 6 open air in the interior courtyard. Epic Properties and Sister City Housing Inc. have submitted an amendment to this plan to reduce the 8 on site parking spaces to 7 on-site spaces and to construct garages for these spaces, to fully snowmelt the driveway and interior courtyard, and to construct a smaller broiler room. Ms. Lamont said Sister Cities Housing Inc. proposes to amend the affordable housing package. Ms. Lamont said at the time of development of this project there were 11 households on the property. A list of the people living on the property was created and those tenants who were displaced were to have first chance at getting the new units. Sister City Housing would like to priorit ize the "displaced tenants" list. Once this list is exhausted, Sister City Housing would like the ability to sell the units at category 3 rather than category 2 prices. Sister City Housing Inc. is also requesting the prices in either category 2 or 3 be set at the top of the range. The applicants would like to amend the resident occupied deed restriction to the current guidelines or to take the RO unit and make it category 3 or 4 8 Regular Meeting Aspen City Council April 25, 1994 established price. Ms. Lamont told Council the Housing Board is waiting for more information on the housing issues of this request; how many people of the displaced tenants are still interested; can they pay the highest price in the range; what to do with the RO unit. Ms. Lamont said at second reading, staff will have a recommendation for Council on these issues. Ms. Lamont said the construction of the garages and broiler room total 1630 square feet. Ms. Lamont said when residential units propose their own garages accessed off a road, these garages do not count in the overall floor area. This is a bulk and mass issue rather than a floor area issue. This is also not reducing the amount of required open space on the property. Dave Mylar, housing board, told Council several years ago the original applicant began to experience financial difficulty in developing the project as conceived in the 1990 approvals. This was one of the first self-help affordable housing project where the owners were trying to create their own subsidies with no cost to the city. At that time the city and Shimakappu decided to buy the land and salvage the project, which resulted in Sister City Inc. Both Aspen and Shimakappu have contributed funds to acquire the project and plans for its development. The subsidy for the 7 units will be about $300,000. Mylar said both the city and Shimakappu put up money for the project. At that time, Sister City Housing, Inc. approached Council with an idea for completing the project. The city would build the 7 affordable units and sell the development rights for the free market units. Epic Properties offered to buy the entire site, to build the affordable units, sell them back to Sister City Housing, Inc. at a fixed price, turn key complete. Sister City Housing will buy the units when they are complete and then sell them to "displaced tenants" or others who qualify. Mylar told Council the purchase price of the land is $1.3 million or 25 percent of the gross selling price of the free market units, whichever is greater. Councilwoman Richards said she is concerned about the energy efficiency of snowmelting the drive and courtyard. Bill Lipsey, architect, showed the plan. Lipsey said every square inch of the courtyard is used for access. The owners will have to have a bobcat shovel and have the snow hauled away, which also uses energy. Councilwoman Richards asked if there will be drainage problems. Lipsey said these are contained in a dry well on the property. Councilwoman Waggaman pointed out the area does not get a lot of sunshine to help melt the snow naturally. Councilwoman Richards asked about compensation of the cottonwoods that were taken down. Lipsey told Council they have worked with the parks department and agreed to review the landscaping plan and meet all their requirements. Councilwoman Richards said for second reading the applicants should bring back some comparison costs on shoveling 9 Regular Meeting Aspen City Council April 25, 1994 and hauling snow versus the energy used for snowmelt. Lipsey said staff had some concern about the mass of the garage adding to the site. The applicants put up story poles, which they can put up again for Council. The applicants will also do some comparisons of the energy to run snow melt vs CO emissions from trucks and added PM 10. Karinjo Devore said she would like to continue her discussion with the housing board on the issues involved in RO units. Ms. Devore told Council in the original plans they had wanted to have garages for the affordable units. This amendment as presented will eliminate one parking space attached to the RO unit; the three bedroom units will end up with the same amount of parking as a studio unit. Councilwoman Waggaman moved to adopt Ordinance #19, Series of 1994, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes. Motion carried. Councilwoman Waggaman moved to adjourn at 8:55 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council April 25, 1994 PROCLAMATION - Child Protection Awareness Week 1 ................................ ........................ PROCLAMATION - Arbor Day 1 ................................ ................................ ................................ CITIZEN PARTICIPATION 1 ................................ ................................ ................................ ...... COUNCILMEMBER COMMENTS 1 ................................ ................................ .......................... CONSENT CALENDAR 2 ................................ ................................ ................................ .......... ORDINANCE #10, SERIES OF 1994 - Juan Street AH PUD, Subdivision, and GMQS Exemption 3 ................................ ................................ ................................ ........ ORDINANCE #12, SERIES OF 1994 - Code Amendment - Minimum Lot Size in AH Zone 4 ................................ ................................ ................................ ............................. ORDINANCE #14, SERIES OF 1994 - Housing Guidelines 5 ................................ ................. ORDINANCE #13, SERIES OF 1994 - Powder House Condominiums Final SPA Development Plan Amendment/GMQS Exemption/Vested Rights 7 ............................ REAL ESTATE TRANSFER TAX DISCUSSION 8 ................................ ................................ ... ORDINANCE #19, SERIES OF 1994 - Ute Trail Townhomes PUD Amendment 8 ................. 11