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HomeMy WebLinkAboutminutes.council.20040809Regular Meeting Aspen City Council August 9~ 2004 CITIZEN PARTICIPATION COUNCILMEMBER COMMENTS ........................................................... ~ ............ 3 CONSENT CALENDAR ............................................................................................ 3 · Resolution #76, 2004 - Contract - Benefits Consultant ......................................... 4 · Minutes - July 26, 2004 ..... ORDINANCE #28, SERIES OF 2004 - Code Amendment Commercial Core and C-! Zones ....................................................................................................... ORDINANCE #26, SERIES OF 2004 - Little Ajax Annexation ................. ~ RESOLUTION #54, SERIES OF 2004 Chart House Conceptual PUD .... Approval .......................................................................................................... ~ ................. 5 APPEAL OF LAND USE CODE INTERPRETATION ..... · ...... i ............... ........ 10 RESOLUTION #77, SERIES OF 2004 - Contract Rudd Cohstruction - Animal Shelter ......................................................................................... . ..................... 10 BHI/MAROLT RECOMMENDED RENT CHANGES ................ 10 RECOMMENDATION ON PETS AT TRUSCOTT ...................... iiiiiiiiiiiiiiiiiii RESOLUTION #54, SERIES OF 2004 - Chart House Conceptual PUD Approval Revisited ' Regular Meeting . Aspen Ci,ty Council August 9~ 200ti Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torte, Richards, Semrau and Paulson present. CITIZEN PARTICIPATION 1. Andrew Kole, representing the CCLC requested an additional $10,000 for Aspen Goes Bazaar, and funds for a new event promoting Holiday activities to generate business between Thanksgiving and Christmas. Mayor Klanderud noted Council has less than $10,000 in their contingency fund. Councilwoman Richards suggested meeting with CCLC in a work session. Council scheduled this for 4:45 p.m., Tuesday, August 17th. Councilwoman Richards asked that CCLC bring their budget as well as contributions promised from businesses. 2. Dan Kitchen told Council it seems as if owners of trucks get parking tickets when other vehicles do not. Kitchen said it feels like the parking people discriminate against working people. Mayor Klanderud suggested if Kitchen is working in a residential neighborhood that he apply for a residential parking permit. 3. Jim Markalunas passed out pictures of thistles on the grounds of the Aspen Institute, the MAA and Physics Center as well as thistles located in city rights-of-way. Markalunas said this is not good stewardship of the land and the city should do something about thistles on city property. Markalunas suggested to increase rider ship to the music tent, the city could offer free lemonade or cookie chits. Mayor Klanderud asked what the city does about weeds on private property. Jeff Woods, parks director, told Council city staff contacts owners of the property and gives them 15 days to eradicate the weeds. If the property owners do not comply, the parks department will do the work and bill the property owners. 4. Emzy Veazy said government bodies should satisfy certain needs and the Council has a governmental obligation to provide opportunities for Aspen to produce millionaires. Council should be promoting an environment to help produce millionaires. 5. Toni Kronberg noted the Aspen Area Community Planis supposed to be revisited every .5 years. In February 2005, a task force will have to be established to review the goals of the AACP. This will be a major issue in the May 2005 election. Ms. Kronberg said the traffic in Aspen is not being 2 Regular Meeting Aspen City Council Aul~ust 9, 2004 managed. There are more cars than the streets can handle. Aspen needs to be looking at some parking solutions. Ms. Kronberg said one solution would be a gondola connecting the ski mountains. Ms. Kronberg announced the next Civic Master Plan meeting is August 18 at 11 a.m. Ms. Kronberg said the company doing the business plan for the Aspen Recreation Center had a public meeting. The U.S. Swimming and Diving organizations were not contacted. Ms. KrOnberg told Council she has spoken to the ARC advisory group and asked them to invite the swimming and diving organizations. COUNCILMEMBER COMMENTS 1. Mayor Klanderud congratulated Council and staff as last week the State of Colorado recognized the city's effort to protect the air quality and the public health. Mayor Klanderud noted Aspen was on the EPA's non- attainment list since 1987 and has been deleted from that list. Mayor Klanderud congratulated everyone who worked so hard to get Aspen off the list. 2. Mayor Klanderud congratulated Kristin Walla, a 17 year old Aspen High School student, for winning the Colorado Junior Women's Stroke Tournament. Ms. Walla broke the course record, then broke her own record the next day. 3. Councilman Semrau acknowledged the Aspen Institute for opening up their lectures and inviting the public to attend. 4. Councilman Torre suggested Toni Kronberg put her comments in writing and distribute them to Council to let them know what she is thinking. 5. Councilwoman Richards asked for background information on the roadless forest areas and if there are going to be hearings in Denver, should the city send people to testify. 6. Steve Barwick, city manager, told Council the CAST meeting is in Snowmass August 26 and 27. Any Council planning on attending, let staff know. CONSENT CAIJENDAR 3 Regular Meeting Aspen City Council August 9~ 2004 Councilman Semrau moved to approve the consent calendar; seconded by Councilman Torte. The consent calendar is: · Resolution #76, 2004 - Contract Benefits ConSultant · Minutes - July 26, 2004 All in favor, motion carried. ORDINANCE #28~ SERIES OF 2004- Code Amendment Commercial Core and C-1 Zones Councilman Torre moved to read Ordinance #28, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #28 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO SECTION 26.104.100 - DEFINITIONS, SECTION 26.710.140 - COMMERICAL CORE (CC) ZONE DISTRICT, AND SECTION 26.710.150 - COMMERCIAL (C- 1) ZONE DISTRICT OF THE CITY OF ASPEN' M~ICIPAL CODE was read by the city clerk Councilman Torre moved to adopt Ordinance #28, Series of 2004, on first reading; seconded by Councilman Semrau. Mayor Klanderud asked if the definition of"split level" has been made clearer. Chris Bendon, community development department, told Council this definition has been updated since the last discussion with Council. Mayor Klanderud said she has no problem with the C-1 zone changes; however, she is opposed to prohibiting non-retail space on the first floor in the CC zone. Councilwoman Richards supports separating this into two ordinances. Councilman Torre moved to amend his motion to include bringing this to public hearing as two separate ordinances; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Semrau, yes; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. 4 Regular Meeting Aspen City Council August 9, 200~ ORDINANCE #26, SERIES OF 2004 - Little Aj ax Annexation John Worcester, city attorney, reminded Council annexation is a purely legislative matter. Council approved a pre-annexation agreement on this property in March 2004. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #26, Series of 2004, on second reading; seconded by Councilman Semrau. Councilwoman Richards asked if the prospective initiative petition would affect this annexation. Worcester said Council will probably complete this annexation before the petition is submitted. Worcester reminded Council they approved a reconfiguration of this land, whiCh would enable the city to purchase a conservation easement or to purchase the property in title. Worcester said Council dictates what happens next, whether this is a 3 lot subdivision with single family residences or an affordable housing project. Roll call vote; Councilmembers Richards, yes; Semrau, yes; Torre, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #54, SERIES OF 200~ - Chart House Conceptual PUD Approval James Lindt, community development department, submitted 4 letters for the records, the P&Z final resolution adopted August 3rd, a letter fi.om the applicant identifying the benefit to the community of their proposal and a color rendering of the redesigned project. Lindt {eminded Council at their first conceptual review, they told the applicant the project was too large and too close to Southpoint. Council directed the applicant to revise their design and remanded this back to P&Z. Lindt told Council the applicant has revised their design, reduced the height fi.om 63' to 46' 11", reduced the FAR fi.om 3.56'1 to 2.66:1, removed the rooftop restaurant and part of the upper floor lodge rooms. The setback has been increased fi.om 5' to 15' on the east both by increasing the setback 5' and by moving the building 5' to the west. The loading dock has been moved fi.om Dean street to Monarch next to the entrance to the parking Regular Meeting Aspen Ci,ty COuncil August 9, 200,4 garage. The number of units has been decreased from 14 to 12 and the affordable housing has been decreased from 4 two-bedroom units to 2 two- bedroom units. The restaurant on the first floor will be full service. The meeting room and recreation room spaces have been deleted. Lindt noted that the proposed height is more consistent with Council's recommendation to have it in the mid-40's. P&Z agreed the new height was more appropriate. Lindt said the 15' setback is 3 times that required in the LTR zone district. Lindt reminded Council they were concerned about the livability of two of the affordable housing units. The applicants removed two of these units, which still meets the mitigation requirement with 2 two- bedroom units. The number of lodge units as well as the net leasable square footage has been reduced. With these reductions, the code requirement for parking is 27.4 spaces; the applicant proposes 27 spaces. The major concerns have been addressed. Two P&Z members felt this was still too tall without public amenities to justify the variance. Skip Behrhorst, applicant, told Council they feel they have ended up with a better building with these modifications. Behrhorst pointed out the increased setbacks, the distance from the streets, the new delivery bays, added iron balconies for texture. The building is 46'6" at the highest point, 37' for the mass of the building and an average height of 44'. The applicants showed renderings of the new building with and without landscaping and also presented a model of the Chart House and adjacent buildings. Behrhorst noted the 2.66:1 FAR is on the lower end of what Council indicated they would accept at 2.5 to 3:1. Behrhorst noted the Little Nell area and the Lodge at Aspen areas are undergoing revitalization. The adjacent buildings are Hyatt 45' and 58' at the tower, the Mountain Chalet is 51 ', the St. Regis is 41' and 71' at the tower. Behrhorst said the top level of this building is only 15% of the building and is 15' from the edge of the building. The affordable housing units are about 985 square feet. Each has outside access. Behrhorst told Council the owners have committed $250,000 to the Dean street improvements. The applicants plan to preserve the existing cottonwoods on Durant and to install a sidewalk. This project is revitalizing the comer with lodge units and commercial activity. The Chart House plan creates new lodge units in a location that is consistent with zoning. Behrhorst noted occupancy levels for fractional fee units is around 80%. These units will be available to the public when the owners are not there. Councilman Semrau Regular Meeting Aspen Ci,ty Council August 9, 2004 said at the work session on the LTR zone, Council tentatively agreed to increase the allowed height to 42 feet for a flat roof. Mayor Klanderud opened the public hearing. Carol Farino, Southpoint resident, said P&Z's questions to allow an application to exceed the dimensional limits were what is so special about this project and what are the amenities to the community. Ms. Farino noted the answer from the applicant is the benefits are the installation of a sidewalk and the restaurant. Mark Fryrish, Aztec condominiums, pointed out staff recommended the height be reduced to 38'. The applicant submitted a project at 46', yet the staff still supports the project. Fryrish told Council no effort has been made by the applicants to contact any owners of Aztec condominium. Fryrish said the outside of the Chart House property should be cleaned up of junk. Fryrish said the highest and best use of the property, based on the quietness of the neighborhood, the narrowness of Dean street and potential drainage problems, is residential use. Fryrish suggested a small boutique hotel at the existing height of the Chart House. Fryrish said delivery trucks should not be allowed between 10 p.m. and 9 a.m. Adam Goldsmith, Aztec resident, said this project is still too big for the lot. Susan O'NeaI, Southpoint condominiums, said she is concerned about the parking: Currently it is difficult to find parking on Durant street because all the spaces are full. Ms. O'Neal requested the parking issue be separated from this land use issue. Mac Boehlens said the application states there will be between 14 to 16 employees, yet they are only proposing two employee units. Jim Pomeroy stated he is in favor of this project. This is adding rooms in town, near transportation, near the mall. This project is in character with the neighborhood and an area that is becoming more dense. Nancy Kullgren, Southpoint condominium, said her concern in general is the infrastructure of the city as well as traffic issues. Can the streets handle more cars, more parking, more delivery vehicles, and what are the effects on the neighborhood over the long term. Toni Kronberg said Dancing Bear set a precedent, which exceeded the height limit. That approval is causing a domino effect. Ms. Kronberg said citizens rely on Council to uphold the zoning code and the Aspen Area Community Plan. The AACP states that Aspen should not become too structured or building after building. Ms. Kronberg said Council's job is to preserve why people come here. Sue 7 Regular Meeting Aspen City Council August 9, 2004 Imbry, Lift One, said she would like Council to preserve the unique aspect Aspen has. Council has to keep projects under control. Mayor Klanderud closed the public hearing. Mayor Klanderud stated the Aspen Area Community Plan suggests the appropriate place for lodging is at the base of Aspen Mountain. The town has been losing tourists beds for years. Mayor Klanderud noted that no project gets this far in the process without going through staff review to make sure infrastructure can handle the project. Mayor Klanderud said the PUD allows exceptions to be made and there are requirements for allowing these variations. Lindt told Council the existing land use code allows an applicant to take credit for existing square footage. The code contains a chart showing how many employees would be generated by how much square footage. The applicant got credit for the Chart House building. The employee requirement-came out even so the 2 affordable units are above what the code requires. Councilman Torre asked about the delivery entrance and the guest units above it. Stan Clauson, representing the applicant, pointed out the entrance to the hotel on Monarch street, the public entrance to the hotel and restaurant. The applicants hope to sign several spaces short term parking. The applicants will also provide valet parking. The hotel will provide shuttle transportation from the airport for guests: Councilman Torre asked about the setbacks for the existing Chart House. Lindt said on the east side, the building encroaches into the public right of way. On the west side it is within 2 feet. Councilman Torre said he likes this revised design but still has a problem with the height. Councilman Torre noted Council has been discussing revisions to the land use code and asked if this project was reviewed with these changes in mind. Lindt told Council staff and P&Z weighed those potential changes.when reviewing this project. Staff recommended the height on the Chart House be in the low 40's, which would be consistent with other lodge projects approved. Councilman Torre said Council has looked at what is acceptable fitting in with what is workable for a project. Councilman Semrau said moving the building 10' away from Southpoint as well as reducing the bulk of the top floor is an acceptable trade off for 4' over Council's target height in the LTR district. Councilman Semrau 8 Regular Meetin~ Aspen City Council August 9, 2004 pointed out if Council adopts changes to the LTR zone, this project could go up to 42 feet and could build right to the setback on the west side. Mayor Klanderud suggested decreasing the top floor to one unit as she has problems with the size of the top floor. DeFrancia said there are economies of scale in operating a lodge. An applicant needs so many units in terms of staff, front desk, etc. DeFrancia said 12 is on the cusp. Behrhorst said the applicants listened to all the comments in heatings and moved the building away from Southpoint, stepped back the top floor, moved the delivery entrance, removed the top floor restaurant. Clau son pointed out this area is not a normal street grid and the views from Aztec will still be there. Lindt told Council P&Z aSked staff to look at delivery restrictions throughout the LTR zone and not put restrictions on just one property. There are currently no delivery time restrictions on the St. Regis across the street so it does not make sense to have restrictions on this property. Clauson told Council the number of trees to be replaced has been reduced because the building has been moved to increase the setback saving many trees. Councilman Paulson applauded the applicants for the change in the building; however, he cannot vote for it unless the building is 38'. Councilman Paulson said he-feels the diagonal and parallel parking on Durant street will cause confusion. Councilman Paulson stated he is very concerned that there will be a wall of buildings along the bottom of the mountain. The PUD process is a good one that includes a 10t of public comment and the community gets better projects. Councilman Paulson said he cannot support the project at 46'. Councilwoman Ri chards asked about partnering with the Dancing Bear for economies of scale in operation. Behrhorst said this is being looked into. Councilwoman Richards said the FAR of2.66:1 is too large for this site and she would like to see about 15% eliminated. These units are 1900 square feet and perhaps could be made smaller. Councilwoman Richards said she would like to see a commitment to maintaining the amount of landscaping shown in the renderings. Councilwoman Richards supports the parking plan for DUrant street. Councilwoman Richards noted redevelopment is occurring throughout Aspen and a lot of Council's work is to see what replaces older buildings is defining a new architectural character and a standard of excellence. Councilwoman Richards said she would like to see 9 Regular Meeting Aspen City Council August 9, 2004 this building brought to 42' and perhaps some variations if the 4th floor is smaller. DeFrancia requested time to consider changes to their proposal. agreed they could come back at the end 'of the agenda. APPEAL OF LAND USE CODE INTERPRETATION Council Councilman Semrau moved to continue this item to August 23, 2004; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #77, SERIES OF 200a - Contract Rudd Construction - Animal Shelter Steve Bossart, asset manager, told Council the current animal shelter is a 30 year old building. In 1996, efforts were put together to get a new building. In 1999, there was an agreement with the county for the land. The city put up $500,000 for the design of the facility. Aspen Pitkin County Animal shelter group raised 80% of the money needed for construction; $2,400,000 was the target. Bossart told Council the bids came in at $2.5 million. Staff recommends the city enter into a contract with Rudd construction who have extensive local building experience. Mayor Klanderud congratulated the animal shelter group for hard work in fund raising. Councilman Semrau asked what asset management's role will be. Bossart said they will administer the contract. Councilman Torre asked if this is being built to the city's environmental standards. Bossart said the project was designed before LEEDS certification was specified. Staff worked with the architect and with CORE. The building and design will meet all criteria for LEEDs certifi cation; however, the paperwork required would add an additional $200,000. Staff felt that was too big a burden and the building basically meets all the criteria. Councilman Torre moved to approve Resolution #77, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. ,.BHI/MAROLT RECOMMENDED RENT CHANGES Paul Menter, finance director, requested Council approve 6 specific changes to the way business is done with BHI and with Marolt seasonal housing 10 Regular Meeting Aspen Ci,ty Council · August 9, 2004 projects. Marolt housing was built in 1989, it is a city-owned facility, operated through an agreement with the MAA. BHI was built in 2001 operated by anon-profit corporation controlled by the city and also operated through an agreement with the MAA. Both entities have come upon hard times because the pro formas anticipated these would be 100% full October through April. The Marolt housing is 36% occupied in October and 56% in November as major employers are tightening their budgets and the length of time they are hiring seasonal employees. Mayor Klanderud asked if raising the units to category 4 would make the rents unaffordable. John Mickles, MAA housing manager, told Council Marolt units are already category 4. The rent will not change; this will allow more people to qualify. Mayor Klanderud said if staff believes these changes will alleviate the current situation she can support them. Councilman Semrau noted the long term financial health of these projects is in trouble. The city will have to underwrite the projects unless steps are taken and these are the necessary first steps. Councilwoman Richards said one week notice is too short from an employer for a tenant at one of these projects, cOUncilwoman Richards suggested an employee be allowed to stay and the employer be given another unit. Councilwoman Richards suggested these be advertised with the ACRA and Ski Company j ob fairs. Councilwoman Richards said there might also be a roommate matching service. Council agreed with the 6 items to be administratively implemented. RECOMMENDATION ON PETS AT TRUSCOTT Bill Tuite, housing office, told Council staff conducted a survey of tenants in Phase I of Truscott regarding pets. Tuite noted staff is concerned about the impact of pets on neighbors and on the golf course. The recommendation is to allow spayed or neutered cats in 500, 600 and 700 buildings. Councilwoman Richards said the city should allow dogs in a couple of buildings to find out how it would work. Councilman Torre agreed to experiment with allowing dogs; however, the timeframe for this experiment should be apparent. Mayor Klanderud said she is concerned because of the Audubon designation of the city's golf course and the proximity of these units to the golf cOurse. Councilman Semrau said he would like to give people a change to be responsible dog owners. Council agreed staff can allow dogs at Truscott on an experimental basis, no size limit, no 11 Regular Meeting Aspen City Council August 9, 2004 Rottweilers. Mayor Klanderud stated she. Wants to know immediately if there are problems with the dogs and the golf course. RESOLUTION #54, SERIES OF 200~' Chart House Conceptual PUD Approval Rev/sited James DeFrancia, applicant, told Council they feel they can address Council's concerns and still maintain the setback between Southpoint. DeFrancia said they Will look at the top floor, at beveling the comers; however, they Would like to do this in a professional design way and request a continuance. Councilman Torre moved to continue Resolution #54, Series of 2004, to August 23; seconded by Councilwoman Richards. All in favor, motion carried. John Worcester, city attorney, requested an executive session to discuss 3 items, 2 having to do with acquisition of property and one conference with the city attorney. Councilman Semrau moved to go into executive session pursuant to C.R.S. 24-6-402(4)(a) and (b).at 8:45 p.m.; seconded by Councilman Torre. All in favor, motion carded. Councilman Torre moved to come out of executive session at 9:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Torre moved to adjourn at 9:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carded. Kat~ §~Koch, City Cferk'" 12