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HomeMy WebLinkAboutminutes.council.19941114Mayor Bennett called the meeting to order at 5:05 p.m. with members Reno, Waggaman, Paulson and Richards present. PROCLAMATION - Rwanda Relief Mayor Bennett and Council proclaimed November 20th as Rwanda Relief day in Aspen. Council presented the proclamation to Scarlett Adams. Ms. Adams told Council they will be placing coin boxes through the community. CITIZEN COMMENTS 1. Charlie Tarver, represe nting the Aspen Bicycle Club, told Council they were out of town for the non-profit funding hearings. Tarver requested funding for 1995. Mayor Bennett suggested representatives of the Bicycle Club come to the next budget hearing and explain their request. COUNCILMEMBER COMMENTS 1. Mayor Bennett welcomed Councilman Reno back. Councilman Reno thanked everyone for cards, letters and prayers. Councilman Reno said people come to Aspen for all different reasons, recreation, arts, culture. Councilman Reno said there is nothing better than the people in Aspen. 2. Amy Margerum, city manager, told Council she has discussed the city going into a joint venture with ACRA, Pitkin county, Ski Company to get Aspen on line in the Internet pilot project. Ms. Margerum said the contribution would be $5,000 and recommended this come out of Council's contingency. Councilwoman Waggaman moved to authorize $5,000 out of contingency for Aspen Online program; seconded by Councilman Paulson. All in favor, motion carried. 3. Councilwoman Richards moved to continue Ordinance #54, 1994, to December 12 and Ordinance #58, 1994, to January 23, 1995; Aspen Valley Bank Temporary Use Permit Rio Grande Property to January 9, 1995, and Resolution #86, Cozy Point Ranch Management Agreement to November 28; and to withdraw the intergovernmental agreement for the Rio Grande right-of-way; seconded by Councilwoman Waggaman. All in favor, motion carried. 4. Amy Margerum, city manager, announced th ere will be an open house at the Cozy Point ranch Saturday, November 19 at 10:00 a.m. Besides horse riding exhibition, staff will take comments on uses. 5. Amy Margerum, city manager, told Council RFTA has been unable to hire enough drivers to run the intercept lot shuttle to town. 1 Regular Meeting Aspen City Council November 14, 1994 The city made the commitment that the paid parking program would not start until the intercept lot is ready. Staff is recommending the paid and residential parking program not start until January 9, 1995. CONSENT CALENDAR Councilwoman Waggaman moved to read Ordinances 64, 63 and 62; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #64 (Series of 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING VESTED RI GHTS FOR A PERIOD OF THREE YEARS FOR THE POPPIES BISTRO CAFE ADMINISTRATIVE APPROVAL FOR A GMQS EXEMPTION FOR A RESIDENTIAL UNIT TO BE CONSTRUCTED AT 824 W. HALLAM (BLOCK 10, LOTS K AND L, CITY AND TOWNSITE OF ASPEN) ORDINANCE #63 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 305 WEST HALLAM STREET (LOTS F, G, H AND I, BLOCK 43, CITY AND TOWNSITE OF ASPEN) ASPEN, COLORADO ORDINANCE #62 (Series of 1994) AN ORDINANC E OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING PORTIONS OF THE MODEL TRAFFIC CODE REGARDING PARKING METERS AND PARKING REGULATION AND ENFORCEMENT; DECLARING UNATTENDED CAR ALARMS A PUBLIC NUISANCE; AND PRESCRIBING PROCEDURES FOR THE ABATEMENT THEREOF was read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded by Councilwoman Waggaman. The consent calendar is: A . Minutes - September 27, October 24, 1994 B . Ordinance #64, 1994 - Poppies Vested Rights C . Ordinance #63, 1994 - Charlie & Winston Lot Split & GMQS Exemption D . Hyman Avenue Water Line Replacement E . Parks Depart ment Vehicle Purchases - Tractor, Skid Loader F . Resolution #83, 1994 - Transportation Sales/Use Tax G . Resolution #84, 1994 - Software Contract For Community Development 2 Regular Meeting Aspen City Council November 14, 1994 H . Ordinance #62, 1994 - Amending Model Traffic Code All in favor, motion carried. ORDINANCE #52, SERIES OF 1994 - Williams Ranch Subdivision/PUD Final Development Plan Stan Clauson, community development director, reminded Council this project is 50 units; 35 affordable housing and 15 free market units. There will be an annexation agreement which will cover water service agreement, tap fee waiver, RFTA impact and school district fees. Tom Stevens, representing the applicant, showed Council the site plans from the first submission of 54 units to the present design of 50 units all above the Salvation Ditch. Stevens pointed out they could not pull the parking above the ditch; there is still parking for 8 cars below the ditch. Gary Wright, representing the applicant, told Council the purchas- ers for this project have not been selected. Wright said the priority will be long term locals and participation during this land use process. Wright said his RO restrictions came from the original ones proposed by the Housing Board. The applicants asked that the 15 RO units have no income and asset restrictions. P & Z recommended 50/50; half with $150,000 income and $400,000 asset and the other half twice those amounts. The county recommends that 5 units have no income and asset restrictions and that 10 be category 5 or $150,000 income and $400,000 assets. Dave Tolen, housing director, said the housing board will stay with their recommenda- tion of 50/50. The housing board recommends that 30 percent of the units in an AH zone should be resident occupied category. Councilwoman Waggaman asked about the outbuildings. Stevens said this was a request from HPC so that people do not erect individual storage units. Councilwoman Waggaman asked about irrigating with potable water. Stevens told Council they are trying to get some rights to the Salvation Ditch in order to use that; however, the only water rights they have guaranteed are potable water. Mayor Bennett asked if the design standards agreed to at the recent design symposium would be applicable to the free market units. Clauson told Council these are set up for neighborhoods and are largely contextual. This is an isolated project and may have its own design parameters. Wright said they met with HPC and the appli cants used these guidelines with changes to meet their needs. Councilwoman Richards asked the maximum buildable on the free market lots. Stevens said the maximum height in the AH zone is 25 feet with special review for up to 30 feet. Stevens said the 3 Regular Meeting Aspen City Council November 14, 1994 applicants have committed to 80 percent of the FAR allowed without going through additional review. If a purchaser wants to go to 100 percent of the FAR, a full 8040 greenline review by P & Z is required. Councilman Reno asked about defining the building envelopes. Stevens said they will stagger units off the road and will not get into slopes over 30 percent. Stevens said they have not generated dimensions on the plat maps. These will parallel property lines. Mayor Bennett opened the public hearing. Carla Tomasic supports the project. Fred Soyka asked how to guarantee the public open space. Mayor Bennett said any promises made during this land use process become part of the approval. Helen Palmer said this project will benefit the community. Vicki Brooks asked Council to approve the project; it is a good site for employee housing. Tom Lankering supports this project. Ed Cross said this project could be more dense. Mike Wampler said the community needs employee housing. Jackie Parker support the project. Scott Davidson said the community needs as much employee housing as they can get. Ruth Harrison said she would like to live in the same community in which she works. Terry Shafer said he lives in this area and walks to work. Shafer said he does not think this project will create a lot of extra traffic. Wilk Wilkinson said the planning team has done an excellent job on this project and it is below the original density. Lisa Markalunas said the applicant has made efforts to address Council's concerns. Tom Duggan supports the project. Brad Everhart said he and his family would like to live in Williams Ranch. Mayor Bennett closed the public hearing. Mayor Bennett said he has tried to balance the need for employee housing with the existing density in this neighborhood. Mayor Bennett said he likes the mix of 10 category 5 and 5 RO units. Mayor Bennett said he wants the open space open to the public. Mayor Bennett suggested attaching language that if the city adopts design standards, that they be applicable to the development. Councilman Reno said he supports this project and supported it with the higher density. Councilman Reno said this project is lower in density than adjoining projects. There is a mandate to build employee housing in this community. The city is putting no tax money into this project. Councilman Reno said he does not support the attaching of design guidelines to this project. This project will probably have its own guidelines. 4 Regular Meeting Aspen City Council November 14, 1994 Councilwoman Richards said she does not like the parking below the Salvation Ditch; however, every project does have some compromise. Councilwoman Richards said she would like to see a cap on the size of the free market units. Wright said the value of the free market lots is what subsidizes the construction of the affordable housing. Any restriction would reduce the value of the free market lots. John Worcester, city attorney, asked the applicants if they would be willing to make the city a beneficiary of the homeowners covenants so that the city can enforce any design guidelines. Wright said they would. Councilman Paulson said he was originally against the project; however there have been compromises, the density is less and the project looks better. Councilman Paulson said he does worry about Aspen and the increase in building and population. Councilman Paulson asked about using xeriscaping in the project. Stevens said almost all landscaping will be native material. Councilman Paulson asked about the mine water. Wright said initial tests indicate the mine water is potable; however, they hope to be able to use Salvation ditch water. Councilman Paulson encouraged the appli- cants keep the ditch open as much as possible. Councilman Paulson said he would also like to see as much open space as possible. Wright said in addition to the park, there is also 1.5 acres of the Molly Gibson. They will be creating a total of 2 acres of usable open space on a 13 acre parcel. Wright said the applicants have made a commitment that the only development on the mine that could be considered residential is quarters for a watchman. This is part of the administrative order with the EPA. This will be a 1200 square foot residence so there will be someone on the property at all times. Council said this should be in condition #20, the applicant shall restrict the residential development on the remaining 30 acres except for development of a night watchman's quarters not to exceed 1500 square feet. Councilwoman Waggaman said she is happy with either 10/5 or 50/50 on the residential units; Councilmembers Richards and Paulson said 10/5 are all right. Councilman Reno said 50/50 is all right. Council agreed on 10 and 5 for the residential units. Councilwoman Waggaman said she would like language that the open space of the Salvation Ditch court be accessible. Worcester said a public recreation easement could be placed on the plat. Councilwoman Waggaman said this is a neighborhood and Council has discussed neighborhood guidelines. This area will make their own guidelines and she would be opposed to additional guidelines. Mayor Bennett said he would like to see the standards from the design symposium applied to this development. Amy Margerum, city 5 Regular Meeting Aspen City Council November 14, 1994 manager, brought up the height limitations. Stevens said they are asking for no height variations; the height limit is 25 feet measured by existing grade. Ms. Margerum brought up the park development impact fee which would only be paid if the applicants did not do the Molly Gibson park. Wright said the applicants need to spend $157,000 consistent with Section 24-5-608 and they do not need to pay the park impact fee. Ms. Margerum said in the code requires the open space be dedicated to the city. Molly Gibson park will be a county park. Ms. Margerum said city staff is not intending on taking over the maintenance of the park but as long as it is dedicated to open space it should satisfy to code requirement. Stevens told Council there is a neighborhood meeting scheduled for November 30 with the county staff and parks department to generate ideas for this open space. Stevens pointed out condition 6 discusses increasing the cul-de-sac from 70 to 100 feet. Stevens encouraged Council to leave it for the applicants to negotiate with staff and the fire department because 100 feet to take up too much space. Council agreed. Councilwoman Richards said if the neighborhood develops design standards, she is willing to let those stand. Councilwoman Richards said she is concerned about the maximum house size of 4200 square feet plus a 500 square foot garage. Councilwoman Richards said she would like to reduce the house size to 3600 square feet. Mayor Bennett agreed 4700 square foot houses in this location are too large. Stevens said size of houses makes a big difference to this project. Stevens reminded Council they have already agreed to only 100 percent of the FAR with review by P & Z. Stevens said the lots are different sizes; lot 15 will be 3400 square feet. Limiting the size of the houses will affect the value of the lots. Councilwoman Waggaman said these house will be visible from town. Mayor Bennett said he supports a 10 to 20 percent reduction in the size of the houses. Councilwoman Richards said she wants to set a maximum plus garage and suggested 90 percent of the allowable FAR plus garages. Homeowners will need the 8040 greenline review for the extra 10 percent. Councilwoman Richards moved to adopt Ordinance #52, Series of 1994, on second reading with conditions amended; #6 can be redesigned with approval by fire department and city engineer; #17 that the cost of maintenance and upkeep of the park shall be borne by the applicant or the county; #20 that the applicant shall restrict residential development on the remaining 30 acres except for development of a night watchman's quarters, not to exceed 1500 square feet; that the public recreation easement to allow community 6 Regular Meeting Aspen City Council November 14, 1994 neighborhood use of the open space below the Salvation ditch shall be recorded with the final plat; the height limit of 25 feet shall have no variances available to it; that the maximum size of the free market houses will be 90 percent of the FAR plus garage; the applicant will get credit for money to Molly Gibson park; that 5 of the RO units shall have no asset and income guidelines and the other 10 will have $150,000 income and $400,000 assets; seconded by Councilman Reno. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #60, SERIES OF 1994 - Extension of Vested Right for Valley Hi Leslie Lamont, planning office, told Council the applicants have requested a 2 year extension of vested rights. The current vesting will expire in June 1995. This request is for an extension to June 1997. Ms. Lamont recommended denial of this request because Ordinance #1, housing replacement, has been adopted since approval of this project; the Aspen Area Community plan has been approved and has recommendations for replacement housing; the housing guidelines have changed specifically regarding cash-in-lieu payments and categories as well as size requirements. Ms. Lamont reminded Council one recommendation from the design symposium was to reduce allowable floor area throughout the city. Ms. Lamont said Council approved this ordinance on first reading in order to allow a second reading and public hearing. Council requested a report from the building department and a comparison development analysis based upon the project approval and a project coming in under current code. Ms. Lamont told Council she used category 3 cash-in-lieu guidelines. If category 4 were used, the cash-in-lieu payment for 3 bedrooms would only be $12,000 because the subsidies for category 4 units are very low. Ms. Lamont pointed out this applicant has a site specific development plan which was approved in 1990. The applicant requested vested rights for 3 years. This vested rights protects that development plan from any changes in the code. If vested rights expire, it does not mean the applicant does not have a multi-family apartment building which they can operate as a multi-family apartment. If vested rights do expire and they chose to redevelop the property, current codes and housing guidelines must be used. Ms. Lamont said another alternative would be a one year extension to June 1996. Ms. Lamont told Council in June 1992, the applicants requested a 2 year extension and was granted a one year extension. At that time the applicant was required to make extensive improve- ments to the building and to institute a maintenance and management program. 7 Regular Meeting Aspen City Council November 14, 1994 Rick Neiley, representing the applicant, told Council his client purchased this property in early 1988. In August 1988, Council imposed a moratorium against demolition against multi-family structures. One purpose of this demolition was to stop the razing of employee units around the city. Neiley said this property probably triggered that moratorium. It was the owner's intention to demolish the building and rebuild it. Neiley said his clients still want to remove and replace the building. This building was built in 1960's. Neiley told Council there was a lawsuit, the settlement agreement of which resulted in this development approval. The approval is 4 free market units and 4 attached affordable housing units. Neiley said if this application is denied, this building may stay as is for years. Neiley said development is not economically feasible right now. Neiley reminded Council in 1992, the owners put a lot of money in upgrading the building. The building department identified the health safety issues and the owners spent $130,000 on the building. Neiley said this building provides housing for employees of this community. Mayor Bennett opened the public hearing. Geraldine Heyman, Pat Massini, Susan Whitney, Ara Mae Hubbard spoke about safety issues and feeling uncomfortable or threatened in the neighborhood. Rob Segall said the economic argument for not redeveloping does not make sense. Wayne Harris said there is criminal conduct taking place on this property. Harris showed pictures of the dumpster and accumulated junk around the property. Dallas Green said there is a need to protect the residents of the east end of town. A resident of East Hopkins said the city needs to take control and stop the criminal activities. Ralph Braden reminded Council the last extension for this property was probationary. It does not seem they have met the conditions. Kyle Boyd said there is a terrible problem in the neighborhood and favors denial of the extension request. Greg Sherwin said he would like to see changes in the neighborhood. Lennie Oates, represent- ing the east Hopkins neighborhood association, pointed out that zoning issues are based on public health, safety and welfare. Oates said he does not think anything will be accomplished by extension of this vested rights. Councilwoman Waggaman moved to suspend the rules and extend the meeting to 9:30 p.m; seconded by Councilwoman Richards. All in favor, motion carried. Mayor Bennett closed the public hearing. 8 Regular Meeting Aspen City Council November 14, 1994 Councilwoman Richards said this is the first public hearing on this issue and Council passed this ordinance onto second reading in order to hear from the public. Councilman Reno said the crime issue and run down property are different issues from the vested rights issue and the two issues should not be tied together. Councilwoman Waggaman agreed these are two separate issues. Councilwoman Waggaman said there is a reason the city does not grant vested rights in perpetuity. Councilwoman Waggaman said there is no on-site management and it sounds like there should be. Councilwoman Waggaman said it is responsibility of owners to keep their property clean; to put outside lighting; to have a strong manager on-site. Councilwoman Waggaman said the community members also have a responsibility to report illegal behaviors to the police department. The Council needs to tell the police depart ment they do not condone the reported type of behavior. Council woman Waggaman said she would be willing to have a patrol car sitting in the neighborhood if necessary. Mayor Bennett said he is opposed to extending vested rights for this project. The project was approved in 1991 and was extended for one year in 1993. Mayor Bennett said the city does not owe any favors for bringing a building up to code as buildings should be up to code. Mayor Bennett said he is against extension of vested rights because the rules have changes, land use reasons have changed; AACP, housing guidelines, design symposium. These have changed the community for the better. Mayor Bennett said he does not see a compelling community reason to extend the vested rights. Mayor Bennett said the crime issue should be addressed with the law enforcement agencies. Mayor Bennett said citizens should be able to feel safe in this community. Councilman Paulson agreed the city should be made a safe place to be. Councilman Reno moved to suspend the rules and meet until 9:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Reno moved to deny the request for extension of vested rights for Valley Hi site specific development plan; seconded by Councilwoman Richards. Councilwoman Waggaman said she will support this because it does not seem the management of Valley Hi met the expectations of the request from Council at the last vested rights extension. Councilwoman Richards said in the past the Council has only approved extension of vested rights when the city received a benefit, like donation of open space. Tom Stephenson, chief of police, said he is willing to meet with neighborhood representa- tives on crime prevention, police department strategy for patrol- 9 Regular Meeting Aspen City Council November 14, 1994 ling the area, officers assigned to the neighborhood. Roll call vote; Councilmembers Richards, yes; Paulson, no; Waggaman, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #61, SERIES OF 1994 - Williams Ranch Annexation Councilwoman Richards moved to read Ordinance #61, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #61 (Series of 1994) 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 WILLIAMS RANCH ANNEXATION was read by the city clerk Councilman Reno moved to adopt Ordinance #61, Series of 1994, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 9:48 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council November 14, 1994 PROCLAMATION - Rwanda Relief 1 ................................ ............................... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... ORDINANCE #52, SERIES OF 1994 - Williams Ranch Subdivision/PUD Final Development Plan 3 ................................ .... ORDINANCE #60, SERIES OF 1994 - Extension of Vested Right for Valley Hi 7 ................................ ................. ORDINANCE #61, SERIES OF 1994 - Williams Ranch Annexation 9 ...... 11