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HomeMy WebLinkAboutminutes.council.19881213Continued Meeting. Asp~r~ Citv Council December 13, 1988 Mayor Stirling called the meeting to order at 1:18 p.m. with Councilmembers Isaac, Tuite and Gassman present. 1010 UTE AVENUE SUBDIVISION Gideon Kaufman told Council the owner of lot 9, Mr. DeBose, has not been notified and is not represented at this meeting. Kaufman said his client's presence is not a waiver of his rights under the PUD agreement or the Code. Kaufman said he is co n- cerned that his client has not been made aware of what the allegations are. Mayor Stirling said citizens brought to Council's attention certain alleged deviations from the original conceptually approved planned unit development and the final plat. Mayor Stirling said the specific examples relate to setback and height . Council remanded thi s to the planning office and to the attorney's office, and continued this issue so that the owners and developers could be apprised. Paul Taddune, special counsel, told Council there is a provision in the PUD agreement which provides "that in the event the City Council determines that the owner is not acting in substantial compliance with the terms of this agreement" and the PUD agreement outlines the rights and obligations of the owner, "the City Council shall notify the owner in writing specifying the alleged non-compliance and asking that the owner remedy the remedy the alleged non-compliance". Taddune pointed out there is a procedure set forth for a hearing. Taddune said this meeting should be a fact finding as staff needs time to look into this further. Glenn Horn, planning office, told Council this subdivision was approved in June 1987. The subdivision started construction last winter. Horn reminded Council this was a land lot subdivision; therefore, in the review process, the developer was not required to show specific plans of what each house would look like. Horn said staff was concerned about the way the subdivision was proceeding, especially when excavation began on the ridge of the property. During the review process, staff was very concerned about development along the ridge and recommended that the ridge not be disturbed. This recommendation was not adopted by P & Z or Council but the impacts of development on the ridge were to be mitigated. Horn said staff was also concerned about impacts of the subdivision on Calderwood and the adjacent neighborhoods. Horn said the neighbors played a role in the review process. There were negotiations between the developer and Calderwood residents and an agreement was reached. The neighbors felt comfortable with the development based on the representations made during the process. The neighbors did not object during final reviews of this project. 1 ~~ Continued Meeting Aspen City Council December 13, 1988 Horn told Council when excavation took place on the ridge, staff went to the site and asked the excavator to hold up while staff looked at the plans. Horn said staff concluded at that time that it was consistent with the PUD agreement and final plat approved by the city. Horn told Council about a month later, P & Z raised an issue about development of the ridge and that the excavation was not consistent with the review process. P & Z schedule a site visit, looked at the ridge line, looked at representations made. P & Z concluded they did not want to pursue action in this development. The issue did not focus on lot 9 or the impacts on the Calderwood subdivision. Horn told Council P & Z had recom- mended that representations made during the process become a condition of the PUD agreement. Horn said he does not doubt that the activities taking place at 1010 Ute are consistent with the PUD and final plat documents. Horn said the issue is if the PUD agreement was consistent with representations that were made during the review process. Horn said the drawings that were presented were conceptual drawings of what buildings might look like on site. Horn said there is a legal issue as to how binding conceptual drawings are. Council should look at the drawings to see if they show there has been some misrepresentation. Georgeanne Hayes said the adjacent property owners would like to find out what went wrong in the process. Ms. Hayes said Calder- wood subdivision residents were shocked and overwhelmed by the impacts the buildings had on them. Ms. Hayes said she is q uestioning how much weight the original conceptual drawings should have on a project. Ms. Hayes said conceptual drawings are where people get their mind set on what the project is going to look like. Ms. Hayes told Council she was the renderer on this project . Ms . Hayes said 3 of the drawings she has were f or the public record. Ms. Hayes presented some of the conceptual drawings to Council. Ms. Hayes said perhaps there should be something in the city's rules which require a developer to come back to P & Z and change the renderings if the plans change. Horn told Council P & Z wanted to see renderings of what the development on the ridge would look 1 ike . It was a condition that the applicant come back at the preliminary stage with renderings for the ridge line. This was when the language was written regarding the height restrictions f or lots 13, 14, and 15, that they not exceed the .ridge line by more t hen 12 feet. Gideon Kaufman said there was a perspective shown to P & Z . Ms. Hayes' drawing was not shown to P & Z . Kaufman said Council should not make decisions on a perspective that was not shown to P & Z. Mayor Stirli ng said the second rendering was not shown to P & Z. 2 Cont-inued Meeting Ashen City Council December 13, 1988 Ms. Hayes showed a representation based on the preliminary PUD subdivision submittal, sheet 10-A, dated March 4, 1987. Ms. Hayes said the neighbors were given these drawings to show their house, the fence, the relationships of lots 9 and 10. These drawings were in the PUD submittal to P & Z. Ms Hayes said to the neighbors they represented a concept of what the developer was going to do. The developer asked the property owners to support the development on the strength of these drawings. Ms. Hayes claimed the buildings that were ultimately built are very different from the conceptual drawings. Ms. Hayes said the neighbors feel they have been used by the process. Ms. Hayes said the buildings are 8 feet taller, 7 feet closer than they were lead to believe. Ms. Hayes showed a painting that is f or public view in the model at 1010 Ute. Kaufman said a developer goes through a process, and the reason things do not look the same from start to finish is because of this process. Kaufman said the process is set up for change and for the city to make improvements. Kaufman said through this process lots were relocated. Kaufman reminded Council the first plan was for the trail not to go on the side of Calderwood. The applicants wanted the trail on the other side. The trail change was dictated by P & Z and Council and not be the developer. Kaufman said the first drawing was done at the time of conceptual GMP to get the feel of the property. It was never represented that these buildings were going to be built. Kaufman said the second drawing was never shown to the public. Kaufman said the houses on the ridge have all abided by the height shown by the developer on the plans. Kaufman said the final drawing was a drawing for sale purposes, not for presentation to Council. Kaufman said there is a difference between conceptual process and conceptual drawings and trying to hold a developer fine tuned to those drawings. Kaufman said there was no misrepresentation made by the developer . Dick Fallin, architect for the project, showed the documents that were approved by the city. Fallin showed the site plan, indicat- ing Ute Avenue, tennis courts, the lots, the ponds, the road, and surrounding areas. Fallin said this drawing was used as a base drawing for grading plans, landscaping plans, and to prepare sales plans. Fallin showed a drawing illustrating the building envelope of each lot. The building envelopes remained consistent throughout the approval process except for lot 9 which was adjust because of trail decisions. Fallin showed a landscape plan showing the extent of the landscaping around the common areas. Fallin said the houses are being completed by the individual owners. Fallin said one of the major issues in the approval process was how high the buildings should rise above the existing grade line 3 Continued Meeting Aspen City Council December 13, 1988 of the ridge. Fallin said normally one can build to the midpoint of a roof slope perpendicular to an existing grade 25 feet with a maximum of 5 feet above the midpoint. Fallin said lots 13, 14, and 15 were impacted by the ridge line and through the PUD approvals, the maximum height on those 3 lots was limited to 12 f eet above the existing grade. Fallin said the applicants analyzed their site for the trail location. Fallin said 1010 Ute is in close proximity to the Gant and to Calderwood and, the developer felt to bring the trail within the site would unnecessarily congest the traffic in that area. The applicants proposed the trail run along the edge of the river, which was city property. The developer was willing to construct the trail. The trail committee decided they would rather see the trail go through the project . Fallin r eminded Council the applicants presented 4 trail options, two of them showing cross sections along the trail. Fallin said the cross section drawing Ms. Hayes presented was used to show the trail options and to illustrate some of the difficulties in construct- ing these trails, how the trail, landscaping and f encing would be treated. Fallin said the Calderwood residents wrote letters to the city stating they support the original trail option along the river because it offered more privacy to their subdivision. Fallin said drawing #1 was used in the GMP process to illustrate where the project was and where the entry point would be. Fallin said drawing #2 was never shown to the city; it was an in-house study. Fallin said two-story houses were talked about in the process. There was a limitation put on the lots on the ridge; the caretaker unit was limited to one story. Fallin said drawing #4 was only used as a sales document. Fallin said he does not feel the drawings were misrepresentations. Molly Campbell, the Gant, told Council they participated in the process and found the developer to be receptive to their thoughts and ideas. Ms. Campbell said she feels the representations made were correct. Lee Pardee, 1010 property owner, told Council the developer and architectural review committee in this subdivision have been very stringent. Pardee said there will be significant 1 andscaping . Councilman Isaac said the issue is if the developer followed the constraints of the building standard and met all the criteria laid out in the PUD agreement. Councilman Isaac said Council does not have enough information to red tag the buildings. City Manager Bob Anderson said each lot does have a building permit. Anderson said he believes the buildings are being built within the PUD standards. Horn agreed the building permits are consis- tent with the PUD document and final plat. Councilman Tuite said he is concerned about the representations made throughout the 4 Continued Meetincr Asuen Citv Council December- _13 1988 process. Councilman Tuite said he cannot tell if the building on lot 9 is exceeding the representations that were made. Councilman Isaac moved to direct staff to recheck the PUD agreement, minutes, and building plans to see if they meet everything that was laid out and report back December 19; seconded by Councilman Tuite. Taddune reminded Council the emphasis was on land subdivision not an architectural project. Taddune suggested in the future Council could pre-approve the architecture when they approve the subdivision. All in favor, motion carried. Kaufman said if the building envelopes shown on the f final drawings and approved by the city are where these houses were put and people received building permit and built their house, there is not a legal basis to discuss this any further. Anderson said he interpreted the motion to have staff verify that everything is legal. Councilman Tuite said he is also interested in the process and a review of the process and how things changed in the process. Council adjourned at 2:45 p.m. Kathryn S 'Koch, City Clerk 5