Loading...
HomeMy WebLinkAboutminutes.council.19941011Regular Meeting Aspen City Council October 11, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Waggaman, and Paulson present. CITIZEN PARTICIPATION 1. Phoebe Ryerson complimented the city for helping the arts groups to find a permanent home. Ms. Ryerson noted several areas are offering sites for housing. The issue seems to be zoning of small lots for small homes. Ms. Ryerson urged Council to help employee housing especially for long time locals. COUNCILMEMBER COMMENTS 1. Mayor Bennett thanked everyone who participated in the design symposium. It was a successful event. Mayor Bennett said he received the kind of direction from citizens he felt was needed to proceed. 2. Councilwoman Richards told Council the Colorado Association of Ski Towns applied for a state planning grant and received $12,000. In February 1995, CAST will hold a two-day round table for resort communities to start dealing with long range issues, growth, housing, transportation, clean air, etc. 3. Councilwoman Richards thanked everyone for the Red Brick Arts opening. It was a great event and nice to see a project come in on budget and on time. The building is 100 percent occupied. Councilwoman Richards thanked Pember and Reid, the architects, who also spent a lot of time with the tenants making sure their spaces were correct. 4. Councilwoman Waggaman moved to add Resolution #81, Series of 1994, Opposing Amendment 12 on the November Ballot, to the agenda; seconded by Councilwoman Richards. All in favor, motion carried. 5. Amy Margerum, city manager, reminded Council they have canceled the retreat for October 12. Council scheduled budget meetings for November 21, water and electric, and the goals meeting for November 15, if Councilman Reno can attend. 6. John Worcester, city attorney, announced the Colorado Supreme Court struck down definitively Amendment 2 ruling it was unconsti- tu tional under the state's constitution and that people can not be locked out of the political process. Worcester told Council it is likely the state will appeal this to the U. S. Supreme Court. Council requested staff draft a letter to Jed Caswall, former city attorney, for his work on this case. 1 Regular Meeting Aspen City Council October 11, 1994 RESOLUTION #81, SERIES OF 1994 - Opposing State Amendment 12 on the November ballot Mayor Bennett read the resolution into the record. Mayor Bennett said he feels this amendment would make a mockery of representative government. Councilwoman Richards told Council 20 resort communi- ties of CAST are also passing this resolution. Councilwoman Richards moved to adopt Resolution #81, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. CONSENT CALENDAR Councilwoman Waggaman moved to read Ordinances #58, 59 and 53, Series of 1994; seconded by Councilwoman Richards All in favor, motion carried. ORDI NANCE #58 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 610 W. HALLAM STREET, LOTS P AND Q LESS 7.5' OF LOT P, BLOCK 22, CITY AND TOWNSITE OF ASPEN, AS "H" HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE OR DINANCE #59 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 709 W. MAIN STREET, LOT G, BLOCK 19, CITY AND TOWNSITE OF ASPEN, AS "H" HISTORIC LANDMARK PURSUANT TO SECTION 24- 7-703 OF THE ASPEN MUNICIPAL CODE ORDINANCE #53 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING 1994 EDITION OF CERTAIN UNIFORM BUILDINGS CODES; ADOPTING REQUIREMENTS, PROCEDURES AND CRITERIA FOR CONSTRUCTION CONTRACTOR TESTING AND LICENS- ING; REQUIRING TESTING OF ALL BUILDING PERMIT APPLICANTS; AMENDING THE JURISDICTION OF THE BOARD OF APPEALS AND EXAMINERS AND AUTHORIZING EXECUTION OF AN INTERGOVERNMEN TAL AGREEMENT FOR RECIPROCAL CONTRACTOR TESTING were read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded 2 Regular Meeting Aspen City Council October 11, 1994 by Councilwoman Waggaman. The consent calendar is: A . Minutes - August 22, 23, September 12, 1994 B . Ordinance #58, 1994 - 610 W. Hallam Landmark Designa tion C . Ordinance #59, 1994 - 709 W. Main Landmark Designation D . Ordinance #53, 1994 - Adoption of UBC E . Resolution #80, 1994 - Refinancing Cozy Point Ranch F . R esolution #77, 1994 - Release W/J Ranch Deed Restric tions G . Resolution #78, 1994 - Contract City Hall Remodel H . Resolution #79, 1994 - Vehicle Procurement Parking Enforcement All in favor, motion carried. ORDINANCE #46, SERIES OF 1994 - Vacating Portion of Galena Street Chuck Roth, engineering department, told Council this is a piece of a larger process of deed exchanges between the city and county. Roth showed a map of the portions of Galena street to be vacated. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson asked about the trolley project. Roth said this will be provided for in the larger plans. Councilwoman Richards moved to adopt Ordinance #46, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #47, SERIES OF 1994 - Zoline Public Open Space Rezoning Stan Clauson, community development director, reminded Council this property was recently annexed to the city. Annexed land must be rezoned within 90 days. Clauson said this land is being zoned open space and is city-owned land. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #47, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #48, SERIES OF 1994 - 520 Walnut Historic Designation Amy Amidon, planning office, said P & Z and HPC both recommend this historic designation based on the structure meeting standard B, 3 Regular Meeting Aspen City Council October 11, 1994 architecture importance; standard E, neighborhood character, and standard F, community character. Ms. Amidon pointed out this miner's cottage has only been slightly altered and has typical features such as double hung windows, gabled roof and arched half lights. Mayor Bennett opened the public hearing. A letter from Jon Busch, 548 Race Street, was read into the record objecting to the proposal because of the setback, the questionable historic value, the extra 10 foot side yard setback that was to be attached to structures in the Williams Addition, and the proposed use as a "home design studio". Angeline Griffin said the proposal for this site is to rebuild a 2588 square foot house. Ms. Griffin said she will have no sun or light outside her home. Ms. Amidon said there is an application to HPC to relocate the 60's building. This has not yet been reviewed by HPC. Councilwoman Richards suggested tabling this ordinance until after the proposal has been reviewed by HPC. Mayor Bennett closed the public hearing. Councilwoman Richards moved to table Ordinance #48, Series of 1994, until October 24 and the applicant comes back showing what they will be requesting for historic variances; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #50, SERIES OF 1994 - Land Use Code Amendments - Parking for Multi-Family Structures Mary Lackner, planning office, told Council this text amendment allows garage aprons to be used as legal parking spaces in multi- family projects that do not share common parking. Staff recommends approval. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards suggested this only be available to parking spaces that can be accessed off the alley. Sunny Vann, represent- ing the applicant, pointed out that not all projects have ability to access from an alley. This is subject to special review and in cases where alleys are not available, it will be reviewed. Ms. Lackner said she will add language to emphasize this parking should be off the alley when alleys are available. Councilwoman Richards moved to adopt Ordinance #50, Series of 1994, text amendment amended to include language requiring access be from 4 Regular Meeting Aspen City Council October 11, 1994 the alley if one is available and special review if there is no alley and that this be contingent upon acceptance of the language by the city attorney; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #49, SERIES OF 1994 - 204 E. Durant GMQS Exemption & Subdivision Mary Lackner, planning office, told Council this project is demolition of a 6 unit multi-family building to be replaced with 4 free market and 4 deed restricted units. It is located at the corner of Durant and Aspen streets. The main issue is the 65 foot spruce tree the occupant must relocate to build this project. The applicants has not been able to redesign the project to accommodate the trees. Ms. Lackner said she has not received a tree relocation plan. Sunny Vann, representing the applicant, told Council there have not been many applications under the housing replacement plan. This legislation allowed people a credit for demolishing existing structures exempt from growth management; however, there is a requirement to replace 50 percent of the square footage of the building demolished to provide 50 percent of the lost bedrooms and deed restricting units to low category. Vann said many older structures are non-conforming. When the building is torn down, there is not enough density or floor area on the lot to replace the free market portion of the portion. Vann told Council this project demolishes 3900 square feet, replaces it with 3000; replacing 50 percent or greater of the existing bedrooms on site. Of the 6 existing free market resi- dents, 4 will be reconstructed. There is not enough room on site with replace more than 4 free market residents and 4 affordable housing units. Vann said these units have been reviewed by the housing authority and meet the requirements for size. One unit is category 1, the other 3 are category 2. Vann pointed out there are 4 evergreens that are site constraints. Vann said they could not come up with a site design to meet the open space requirement of 35 percent, the parking requirements, as well and dimensional requirements. Vann said they will compensate the loss of this one large spruce tree by placing numerous other trees in the community. The applicants will also replace the street trees on Aspen and Durant. Vann said this project is trying to balance competing objectives; updating outmoded structures, complying with underlaying zone district requirements, and meeting the strenuous requirements of the housing replacement ordinance. 5 Regular Meeting Aspen City Council October 11, 1994 Doug Graybeal, architect, told Council things that drove the design are parking requirements which require 21-1/2 feet on the inside, the placement of the 4 free market unit, and making the affordable housing units separate from the entrances of the other units. Graybeal said narrowing the affordable housing units would make them less livable and would not save the tree. Graybeal said there is a large building across Durant and they have moved this building as far back on the site as possible in order to maximize the sun. Mayor Bennett opened the public hearing. Elaine Bergette said Council should be concerned about displacing tenants. Ms. Bergette said this has been her home for almost 10 years and is being demolished. These trees are very beautiful trees and should not be torn down. Mayor Bennett closed the public hearing. Mayor Bennett asked how much flexibility the city has with respects to PUD and the dimensional requirements of the site. Ms. Lackner said all dimensional requirements and parking can be varied through a PUD. Vann said this project is 14,946 square feet on a 14,946 square foot lot, it will be 1:1, which is the underlying FAR in the LTR zone; of that, 3,000 square feet will be affordable housing. Councilwoman Richards asked if these affordable housing units will be sold. Vann said in order to sell the units, they have to be condominiumized. The applicants plan to sell one affordable unit with each free market units. The purchasers of the free market units will either lease or sell the units under the terms of the housing guidelines. Vann said given the size of the units and their location within the parcel, they will probably be leased. The tenants will have to qualify with the guidelines; however, they will be chosen by the owners of the free market units. Councilwom- an Richards said she does not feel this fulfills the original purpose of Ordinance 1, replacement of affordable housing. Vann said the units could be leased by the condominium association rather than with the free market units, or they could be sold individually. Vann said the applicants would like to be able to provide the maximum flexibility Ms. Lackner said the housing replacement ordinance states the units be available for either lease or sale. Mayor Bennett agreed Ordinance #1 did not contem- plate these units being similar to accessory dwelling units. The way the applicants propose to market these with the free market units makes the free market units more valuable. Mayor Bennett said the intent of Ordinance #1 was to preserve the community. Mayor Bennett said he is not sure tearing down 6 affordable units 6 Regular Meeting Aspen City Council October 11, 1994 and replacing these with 4 condominiums with attached housing quarters is preserving the community. Vann pointed out the community was losing housing and not getting anything in return. Ordinance 1 requires replacement of 50 percent of the units, which is replacing more than under GMQS. Ordinance 1 also requires that the units be deed restricted. Doug Allen noted there is no physical connection between the affordable housing units. These are one and two bedroom apartments that will be rented. Councilwoman Richards said these units should be sold or leased to qualified employees not sold to second home owners. Vann said that is acceptable. Vann said they will also give the right to return to anyone currently living there. Allen told Council the current rents range from $800 to $550. The proposed category 1 and 2 are slightly lower, $388 to $650. Mayor Bennett said what bothers him is people losing their homes. Amy Margerum, city manager, suggested changing the policy to insure that anybody displaced as a result of new development should be given priority at the housing office. Councilwoman Richards said there is concurrence on this point; the deed restricted units should not be sold to the free market owners. Councilwoman Richards suggested this be worked out in the deed restrictions. Mayor Bennett said he would also like to change the priority for tenants who are displaced by new development. Council agreed. Rebecca Baker, parks department, told Council staff is recommending saving the 65 foot spruce tree because that particular tree is one of the most beautiful on the parcel and is also a healthy specimen. Ms. Baker said the tree is probably 100 years old and the life expectancy is another 100 years. Councilwoman Waggaman said Council just attended a design symposium where recommendations are to break up facades, put in fenestration, the need to keep trees and green spaces. Council and the applicant discussed siting of the 8 units and what could be done to save the spruce tree. Mayor Bennett said he wants the trees saved and is willing to change almost anything else to accomplish that. Councilwoman Waggaman agreed there ought to be a way to design this project around the trees. Council agreed the rest of the project is all right but the tree must be saved. Councilwoman Richards moved to table Ordinance #49, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #51, SERIES OF 1994 - Bell Mountain Lodge GMQS Extension Stan Clauson, planning director, told Council this project received a GMQS allotment in 1992 for redevelopment and 22 lodge units. The applicants have requested a 14 month extension. Staff is recom- 7 Regular Meeting Aspen City Council October 11, 1994 mending a 6 month extension to April 22, 1997. Alan Richman, represent ing the applicant, told Council this GMQS allotment was obtained by previous owners. The current owners bought the property in 1993; shortly after that, the city requested partici- pation on the Superblock planning. Richman said this work with the city and other property owners went on for 14 months, which is the genesis for the 14 month request. Richman said during this 14 months, the applicants have done nothing to pursue the development of their own project. Richman said the owners cannot afford to pursue designing two projects. Richman said this 14 month extension would alleviate the need to come back for another extension. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. John Worcester, city attorney, stated the code clearly states an extension may only be granted for 6 months. Applicants may apply for additional extensions. Councilwoman Richards moved to adopt Ordinance #51, Series of 1994, on second reading, granting a 6 month extension to the Bell Mountain Lodge; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #52, SERIES OF 1994 - Williams Ranch Subdivision/PUD Final Development Plan Councilwoman Richards moved to continue Ordinance #52, Series of 1994, to November 14, 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Waggaman moved to adjourn at 8:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 8 Regular Meeting Aspen City Council October 11, 1994 CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... RESOLUTION #81, SERIES OF 1994 - Opposing State Amendment 12 on the November ballot 2 ................................ .... CONSENT CALENDAR 2 ................................ ............... a. Minutes - August 22, 23, September 12, 1994 b Ordinance #58, 1994 - 610 W. Hallam Landmark Designa tion c Ordinance #59, 1994 - 709 W. Main Landmark Designation d Ordinance #53, 1994 - Adoption of UBC e Resolution #80, 1994 - Refinancing Cozy Point Ranch f Resolution #77, 1994 - Release W/J Ranch Deed Restric tions g Resolution #78, 1994 - Contract City Hall Remodel h Resolution #79, 1994 - Vehicle Procurement Parking Enf orcement ORDINANCE #46, SERIES OF 1994 - Vacating Portion of Galena Street 3 ................................ .................... ORDINANCE #47, SERIES OF 1994 - Zoline Public Open Space Rezoning 3 ................................ .................. ORDINANCE #48, SERIES OF 1994 - 520 Walnut Historic Designa- tion 3 ................................ ...................... ORDINANCE #50, SERIES OF 1994 - Land Use Code Amendments - Parking for Multi-Family Structures 4 ....................... ORDINANCE #49, S ERIES OF 1994 - 204 E. Durant GMQS Exemption & Subdivision 5 ................................ ............... ORDINANCE #51, SERIES OF 1994 - Bell Mountain Lodge GMQS Extension 7 ................................ ................. ORDINANCE #52, SERIES OF 1994 - Williams Ranch Subdivision/PUD Final Development Plan 8 ................................ .... 9