HomeMy WebLinkAboutminutes.council.20040913Regular Meetin~ Aspen City Council September 13~ 2004
CITIZEN PARTICIPATION ...................................................................................... 2
COUNCILMEMBER COMMENTS ........................................................................ 2
CONSENT CALENDAR .................................................................... , ....................... 3
· Resolution #85, 2004 IGA CDOT Asphalt .......................................................... 4
· Resolution #86, 2004 - Contract Wheeler Lighting Equipment ............................. 4
· Board Appointments 2 Open Space Board Jesse Boyce ...................................... 4
· Resolution #90, 2004 - Temporary Municipal Judge - Worcester ......................... 4
· Minutes - August 23, 2004 ..................................................................................... 4
RESOLUTION #48, 2004 - Aspen Highlands Village PUD Finding of
Substantial Compliance With Subdivision Approval ........................................... 4
RESOLUTION #84, 2004 - Annexation Plan ....................................................... 4
RESOLUTION #87, 2004 - Contract Yellow Brick Improvements ............. 5
BURLINGAME PARCEL D LOT 3 - Change Order Request .........................5
POOL PAINTING TECHNO COATINGS - Change Order Request .............. 6
RESOLUTION #89, 2004 - Contract - Dwell Time Desi'gn Dunnett ......... 6
ORDINANCE #30, 2004 Final PUD - Residences at Little Nell ................... 6
ORDINANCE #31, 2004 - Supplemental Appropriation ................................... 7
ORDINANCE #27, SERIES OF 2004 - Code Amendment RMF and RMFA
ORDINANCE #29A, SERIES OF 2004 Code Amendment CC Zone ......... 8
ORDINANCE 29b~ SERIES OF 2004 - Code Amendment, C-1 Zone ........ 13
RESOLUTION #88, SERIES OF 2004 - Soldner/Burlingame Annexation 14
TRUSCOTT PHASE I PET POLICY .................................................................... 16
REQUEST FOR FUNDS Windstar Conference Scholarships ..................... 17
Regular Meeting Aspen City Council September 13~ 2004
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Richards, Semrau, Paulson and Torre present.
CITIZEN pARTICIPATION
1. Toni Kronberg requested Resolution #84, Annexation Plan, and
Change Order for Techno Coatings Pool Painting be pulled from the consent
calendar. Ms. Kronberg brought up the work on Deer Hill at Burlingame
Ranch and stated there are no permits issued for this work. Ms. Kronberg
submitted a letter outlining the city code for building permit, development
and documents required before development occurs. Ms. Kronberg
illustrated on a map of the area where a,right-of-way permit has been issued.
Ms. Kronberg entered into the record 3 photos of development taking place
at Burlingame. Ms. Kronberg asked how this work got started without a
permit. Ms. Kronberg requested within 3 days, the city produce an answer if
there is a valid permit in place and if there is not a valid permit in place, that
the city stop work on this development. Ed Sadler, assistant city manager,
told Council there is a storm water permit, an earth work permit for the haul
road from the county, there is a right-of-way permit for the work in the city's
right of way. There is a construction management plan in place. Joyce
Allgaier, community development department, told Council staff has been
working on submittal requirements for access and infrastructure permits.
Ms. Kronberg told Council She has received conflicting answers about the
permits. Mayor Klanderud suggested she and staff meet with Ms. Kronberg
to go over these requests.
2. Stephanie Soldner said there are not permits for work on Deer Hill;
there are permits for work on Harmony Lane and the pasture.
3. Charles Wolf brought up the restriction at the ARC that one has to be
16 or older to go into the hot tub. Wolf said he feels that age restriction is
arbitrary. Tim Anderson, recreation director, told Council this has been
reduced to 12. Anderson noted the Red Cl'oss makes a recommendation that
to be in the hot tub one should be 16 or older because of the temperature of
the water and the smaller size of children.
COUNCILMEMBER COMMENTS
Regular Meeting Aspen City Council September 13~ 2004
1. Mayor Klanderud thanked all city staff who contributed to the success
of the community picnic. Over 800 hamburgers and 400 hot dogs were
served.
2. Mayor Klanderud commended the organizers of the first Ride for the
Cure, Elaine Grossman and Lisa Consiglio. Mayor Klanderud also thanked
the city's Nancy Lesley :for her organizational skills. The ride was very
successful.
3. Councilwoman Richards noted Windstar is putting on "New Choices
for the Future" September 24th at the Snowmass Conference Center.
Councilwoman Richards requested Council add to the end of the agenda a
donation of $250 for 5 student scholarships at $50 each.
4. Councilman Paulson brought up the hurricanes in the Caribbean and
Florida and the issue of what is sustainable and what isn't. Councilman
Paulson said this community needs to decide how much more development
is desirable. Councilman Paulson noted it does not make sense to support
development that is not sustainable.
5. Councilman Torre commended the recreation department and Sherril
Kerr for the great tennis tournament over the weekend.
6. Councilman Torre announced there will be asphalt work on Main
street September 22 through 24.
7. Councilwoman Richards reported she attended the fall Club 20
meeting in Grand Junction. Club 20 took a position opposing the renewable
energy ballot measure and supporting changes in the roadless legislation,
both counter to Aspen's position.
CONSENT CALENDAR
Councilman Semrau requested Resolution #87, Yellow Brick Improvements
and Burlingame Parcel D change order request be pulled. Councilman
Torre requested Resolution #89, Contract Dwell Time be pulled.
Councilwoman Richards requested Resolution #48, Aspen Highlands
Finding of Substantial Compliance be pulled.
Regular Meeting Aspen City Council September 13~ 2004
Councilman Torre moved to approve the consent calendar as amended;
seconded by Councilman Semrau. The consent Calendar is:
· Resolution #85, 2004 IGA CDOT Asphalt
· Resolution #86, 2004 Contract Wheeler Lighting Equipment
· Board Appointments- Open Space Board Jesse Boyce
Historic Preservation Commission Jason Lasser
Arts & Nonprofit Review Committee - H/law Stunda
Arts & Nonprofit Review Committee Annie Bell
· Resolution #90, 2004 Temporary Municipal Judge - Worcester
· Minutes - August 23, 2004
All in favor, motion carried.
RESOLUTION #48, 2004 - Aspen Highlands Village PUD Finding of
Substantial Compliance With Subdivision Approval
Councilwoman Richards asked if the issues discussed at previous meetings
have been taken care of. Bob Daniel, representing Hines Highlands, told
Council he met last week with the chief building official and went over
building permits on individuals units. The work has been completed and
signed off by the homeowners as well as the city. Daniel noted roof repair
on the Wille residences will be completed. There will be work improving
the drainage system.
Councilwoman Richards moved to approve Resolution #48, Series of 2004,
Aspen Highlands Village PUD Finding of Substantial Compliance with
Subdivision Approval; seconded by Councilman Torre. All in favor, motion
carried.
RESOLUTION #84~ 2004 - Annexation Plan
Chris Bendon, community development department, told Council it is an
annual requirement to adopt the annexation plan. There have been no
changes in the maps except to include any lands that have been annexed over
the last year. Toni Kronberg said this resolution approves the annexation
plan, which guides future annexations. Ms. Kronberg noted the report states
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Regular Meeting Aspen ,City Council September 13~ 2004
annexations are governed by C.R.S. 31-12-102, which requires an impact
report prior to completion of an annexation. John Worcester, city attorney,
pointed out if a municipality is proposing to annex any parcel greater than 10
acres, an impact report for the county must be prepared. This is not a
requirement of the annual annexation plan. Mayor Klanderud stated that is a
requirement for specific annexations. Worcester said whenever the city
annexes a parcel that is 10 acres or greater, the community development
department prepares an impact report and submits it to the county. That
report is not part of the annual annexation plan.
Councilman Torre moved to approve Resolution #84, Series of 2004;
seconded by Councilman Semrau. All in favor, with the exception of
Councilman Paulson. Motion carried
RESOLUTION #87, 2004- Contract - Yellow Brick Improvements
Councilman Semrau asked if staff is requesting the subcontractor manage
this contract. Ed Sadler, assistant city manager, said this project will take a
lot of public relations time because of the day care tenants and staff does not
have time to adequately address the issues that may arise.
Councilwoman Richards moved to approve Resolution #87, Series of 2004,
Yellow Brick Improvements Contract; seconded by Councilman Torre. All
in favor, motion carded.
BURLINGAME PARCEL D LOT 3 - Change Order Request
Councilman Semrau noted the recommendation is a $49,000 change order to
be paid for by the city $20,000 from the water fund and $29,000 from the
housing day care. Councilman Semrau asked if it would be more fair that
the entire amount come from the water fund because the housing department
had nothing to do with the confusion. Ed Sadler, assistant city manager, said
the housing fund would have borne some of the costs if the water meters had
been installed as recommended in the beginning.
Councilwoman Richards moved to approve the change order request for
Burlingame Parcel D; seconded by Councilman Semrau. All in favor,
motion carded.
Regular Meeting Aspen .City Council September 13, 2004
POOL PAINTING TECHNO COATINGS - Change Order Request
Toni Kronberg said this change order is for money to complete the project
more quickly. Ms. Kronberg asked what the emergency is; this work should
be done correctly. Tim Anderson, recreation director, told Council the
revenue for the period the pool will open earlier will more than cover this
change order.
Councilman Semrau moved to approve the Techno Coatings change order
request; seconded by Councilman Torre. All in favor, motion carried.
RESOLUTION #89, 2004 - Contract - Dwell. Time Design - Dunnett
Councilman Torre Said many of the recommendations from the consultants
could be instituted by staff rather than spending $40,000 to hire an architect.
Mayor Klanderud said she would like as much public input as possible.
Mayor Klanderud suggested combining the advisory meetings with public
input. Kevin Dunnett said he has no objections to including the public in the
advisory meetings. Councilwoman Richards asked if this is focused just on
the malls. Scott Chism, parks department, said there has been a request from
Highlands to be included. Councilwoman Richards said she would like
areas other than the downtown mall included.
Councilman Semrau moved to approve Resolution #89, Series of 2004 -
Dwell Time Design Contract - Dunnett; seconded by Councilwoman
Richards.
Councilman Paulson agreed the city has many talented people on staff and
this is not an appropriate use of $40,000. Councilman Semrau said it is very
important to get maximum creativity for this project and the city staff has
enough to do. Councilwoman Richards said creativity begins when one puts
away the rules or the books. The city staff may be too close to this issue.
All in favor, with the exception of Councilmembers Torre and Paulson.
Motion carried
ORDINANCE #30, 2004 - Final PUD - Residences at Little Nell
Councilman Semrau moved to read Ordinance #30, Series of 2004; seconded
by Councilman Torre. All in favor, motion carried.
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Regular Meetin~ Aspen City Council September 13~ 2004
ORDINANCE #30
Series of 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING' FINAL PLANNED UNIT DEVELOPMENT,
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS,
SUBDIVISION, CONDOMINIUMIZATION, TIMESAHRE, AN
AMENDMENT TO THE OFFICIA'L ZONING MAP, AND ACCEPTING
A DEDICATION OF LAND FOR PUBLIC RIGHT-OF-WAY
IMPROVEMENTS FOR THE RESIDENCES AT LITTLE NELL,
LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE
LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675
EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO was read by the city clerk
Councilman Semrau moved to adopt Ordinance #30, Series of 2004, on first
reading; seconded by Councilwoman Richards.
Mayor Klanderud said she has concerns about the additional height as well
as the second free market unit increasing the FAR. Mayor Klanderud asked
about the approvals for affordable housing at. the ABC. Sunny Vann,
representing the applicants, told Council this has been to the Commissioners
on first reading. The second hearing is scheduled for October 13th. The
public hearing for this ordinance is scheduled for September 27th and will
probably require more than one meeting. Vann'said they should have the
county approval finalized before city apProval. Councilman Torre said he,
too, has concerns about 9' additional height. Vann told Council the project
is basically the same height as it was at conceptual approval. Two free
market units above the property have been added but these are within the
height limit.
Roll call vote; Councilmembers Semrau, yes; Paulson, no; Richards, yes;
Torre, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #31, 2004 - Supplemental Appropriation
Councilwoman Richards moved to read Ordinance #31, Series of 2004;
seconded by Councilman Semrau. All in favor, motion carried.
Regular Meeting Aspen City Council September 13, 2004
ORDINANCE NO. 31
(Series of 2004)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $103,135, AN
INCREASE IN THE GENERAL FUND EXPENDITURES OF $950,668,
AN INCREASE IN THE PARKS FUND OF $2,122, AN INCREASE IN
THE PARKING IMPROVEMENT FUND OF $4,244, AN INCREASE IN
THE HOUSING DEVELOPMENT FUND OF $660,336, AN INCREASE
IN THE KIDS FIRST FUND OF $202,122, AN INCREASE IN THE
PARKS CAPITAL FUND OF $717,213, AN INCREASE IN THE
CAPITAL PROJECTS FUND OF $496,717, AN INCREASE IN THE
WATER FUND OF $2,122, AN INCREASE IN THE ELECTRIC FUND
OF $76,488, AN INCREASE IN THE TRANSPORTATION FUND OF
$52,122, AN INCREASE IN THE GOLF FUND OF $2,122, AN
INCREASE IN THE TRUSCOTT FUND OF $2,653, , AN INCREASE IN
THE MAROLT FUND OF $2,653, , AN INCREASE IN THE SMUGGLER
FUND OF $2,653, AND AN INCREASE IN THE HOUSING
AUTHORITY FUND OF $2,653.
Councilwoman Richards moved to adopt Ordinance #31, Series of 2004, on
first reading; seconded by Councilman Semrau. Roll call vote;
Councilmembers Torre, yes; Paulson, yes; Richards, yes; Semrau, yes;
Mayor Klanderud, yes. Motion carded.
ORDINANCE #27, SERIES OF 2004 Code Amendment RMF and
RMFA
Councilman Torre moved to continue Ordinance #27, Series of 2004, to
September 27; seconded by Councilman Semrau. All in favor, motion
carried.
ORDINANCE #29A~ SERIES OF 2004 - Code Amendment CC Zone
Chris Bendon, community development department, told Council this
amendment covers 3 areas. One is definitions of uses allowed in various
zone districts, including the commercial core zone. Bendon pointed out in
the retail and restaurant uses and the neighborhood commercial uses, both of
which allowed in commercial core, the sale and rental of vehicles is
described as an allowed use. Bendon said the rental of scooters may be
Regular Meeting Aspen City Council September 13, 2004
appropriate in the commercial core where the rental/sale of cars would not
be. The second area is dimensions allowed in the CC district. During work
sessions, Council discusses a 42' height limit, measured at the highest point
of the building, which encourages flat roofs. Council indicated interest in
higher elements of the building, internal to the building setback. Bendon
noted the dimensiOns allow a 4' increase in height limit for areas setback 15'
from the street. The allowed 'floor area ratio is increased to a 3:1 with
provision for 1.5:1 FAR for commercial, increase to 2:1 requiring additional
affordable housing on site. However the building is configured, it cannot go
beyond 3:1 FAR.
The last issue is offices on the ground floor and this code amendment would
prohibit offices. The ground floor offices currently in the CC zone would
become non-conforming uses. These offices may stay as long as they are
open for business; they may sell to another business as long as it does not
change from office use. Two circumstances are exempt from this provision;
spaces that are set back 40' or more from the street and split level buildings.
Bendon noted there is a definition for split-level buildings included in the
ordinance. Staff recommends adoption of this code amendment. Bendon
pointed out a recommendation from the downtown retail consultant stated
proliferation of office uses has a deteriorating effect on the vitality and
excitement of the downtown and there should be a check on that. Bendon
said the city's non-conforming section is very lenient; the non-conformity
can continue in perpetuity as long as it is not abandoned for 12 months or
longer. Leases can be renewed; tenants can change.
Mayor Klanderud opened the public hearing.
Bill Wiener said when infill was divided into parts, the public was promised
those interested in particular parts would be notified. Wiener said there has
been nothing in the paper about the CC changes. Wiener said this ordinance
will change the look of Aspen over the next generations. Wiener asked
about the inclusion of open space requirements and parking requirements.
Wiener said he is concerned Aspen will get rows of buildings all the same
height. This ordinance maY give up Council's negotiating opportunities as
in a PUD. Wiener said he would like to see a chart on the before and after of
the ordinance. Susan O'Neal said she feels it is important to preserve street.
level for retail. Bronwin Anglin, Threads, supports preserving street level
for retail and passing this ordinance.
9
Regular Meeting Aspen City Council September 13~ 200a
Charles Wolf noted most buildings in the commercial core are right on the
lot line. Wolf said an additional 2 feet allowable height is not a big change
and will not change the landscape of the city. Wolf said it is important to
keep up with times and to modernize. This ordinance will make it possible
for businesses to do that. Shae Singer read a FAX-from Barry Gordon
supporting passage of this ordinance. Ms. Singer said it is easier for visitors
to find a place to shop if there are places to shop and if they are all together.
Bob Starodoj, Mason and Morse, said the city has decided real estate offices
are not retail. Starodoj stated real estate offices are open 365 days/year; they
do not close for the off season. Real estate offices are like little tourist
centers when people need information and city hall and the Wheeler are not
open. General real estate offices provide a free service to the tourists.
Starodoj pointed out timeshare offices are short term and different from
general real estate offices. Starodoj said high end shops do not generate a lot
of traffic. Starodoj questioned exiling real estate offices. Starodoj said the
Wheeler and housing real estate transfer taxes will generate $6 mi~llion for
the city this year.
Bert Myrin told Council when he was on P&Z, there was concern about
timeshare offices in the commercial core. Timeshare projects need a
downtown location. Myrin suggested timeshare offices should be on-site of
a timeshare project, not downtown. Myrin supports retail on ground floor;
however, he is concerned about adding FAR to the dOwntown. Gretchen
Greenwood supports adopting this ordinance, which creates a win/win
situation for the city and for the developers. Andy Modell agreed with
expanding the FAR Modell noted every outside consultant hired has
supported the concept of retail only on the first floor. Modell supports that
concept. Mark Goodman said this ordinance will add vitality to the
downtown area.
Ernie Fyrwald said there are opportunities to turn spaces on alleys into store
fronts. Fyrwald said capitalism and market forces should dictate what
makes sense from a tenant's standpoint. Fyrwald stated overall he supports
this ordinance. Sunny Vann stated the current regulations impede doing
anything in the downtown area. There has been very little redevelopment
and this ordinance should accommodate redevelopment. Vann pointed out
the entire downtown is under the auspices of the HPC and it is no simple
task to go through HPC review. This will provide an opportunity for good
projects to go through the process~ Ruth Kruger stated she supports this
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Regular Meetin~ Aspen City Council September 13, 2004
ordinance. Staff has taken the issues and put them into a palatable form.
This is a modest change.
Mick Ireland noted many communities are concerned about what is
happening to their retail space. Ireland said this ordinance is a good step
forward; however, it is not the complete solution. Toni Kronberg pointed
out the AACP states that Aspen's economic base is real estate. Ms.
Kronberg said she feels the spirit of the noticing of this code amendment fell
short. Ms. Kronberg agreed real estate offices are retail, they are retail for
second home owners. Ms. Kronberg suggested timeshare offices be broken
out of this code amendment. Ms. Kronberg encouraged Council to retain
true real estate offices on main floor. Timeshares do not contribute to the
city's sales tax base.
Gideon Kaufman told Council his building is limited to 12 feet and cannot
take advantage of any new FAR. Kaufman said non-conforming is a stigma
and makes loans and refinancing difficult. Kaufman reminded Council
when they pass legislation, there are unintended consequences and extra
costs to development. Kaufman urged Council to distinguish between the
impacts on different buildings. Kaufman asked Council to look for
incentives for buildings if they pass this ordinance. Bob Langley supports
the FAR increases.
Mayor Klanderud closed the public hearing.
Bendon told Council current regulations allow a 2:1 FAR. This code
amendment allows a 3:1 FAR under certain conditions. There is no increase
to the commercial FAR, the upper floor can be affordable housing; there is a
limit on free market residential. Bendon noted the alley uses will be part of
the growth management code discussions; the idea is not eliminated.
Councilman Paulson said he opposes the ordinance but supports the retail
only on ground floor. Mayor Klanderud stated she supports the FAR
increases allowing affordable housing and the additional height but does not
support eliminating offices from the first floor. Mayor Klanderud said she
would like to see bicycles and scooter rentals in the CC but not motor
vehicles. Councilmembers Richards and Semrau agreed. Councilman
Paulson stated he cannot support the code amendment.
Mayor Klanderud pointed out the definitions of types of uses in the CC zone
on the ground floor is very broad. Bendon told Council he is attempting to
11
Regular Meeting Aspen City Council September 13, 2004
provide a middle ground between retail and restaurant uses where there is a
high level of activity and office uses where there is low activity. Service
uses are uses that are not retail but have an in and out quality and
relationship to the street and are appropriate to a traditional downtown
environment. Councilman Semrau noted the prohibition against offices
started as a reaction to timeshare offices and stagnant retail. Councilman
Semrau said retail has grown 7% this year. Councilman Semrau said it is
disingenuous to approve timeshares and then say the city does not want their
offices in town. Councilman Semrau agreed with the city's consultant who
warned against outlawing things without incentives to make up for it.
Councilman Semrau stated he supports the ordinance without limitation on
offices on first floors.
Mayor' Klanderud said she, too, supports the ordinance without limitation on
offices on first floors. Mayor Klanderud stated prohibiting offices from first
floors does not mean more activity or vitality. Mayor Klanderud said she
feels there are other ways that would be more productive in terms of positive
outcomes. Mayor Klanderud said she feels real estate offices contribute to
the tax base and do not detract from the vitality of downtown.
Councilwoman Richards said the city's consultants favored banning
additional office uses on the ground floor in the commercial core. The
consultants said if Aspen loses further proportionality of the mix, the vitality
will disappear. Councilwoman Richards stated if this code amendment
passes, existing office uses will be grandfathered in and Aspen will not have
a further erosion of the retail base. Councilwoman Richards quoted from
minutes of a meeting with representatives of the national ski area who feel
the first floor shoul.d be preserved for the pleasure of the visitors and
residents and that real estate takes away from the shopping experience.
Councilwoman Richards noted Snowmass Village is not allowing offices on
the first floor of their new base village. Councilwoman Richards pointed out
retail and restaurant uses cannot be spread to the outer areas of downtown.
Councilwoman Richards stated this code amendment reduces the mitigation
for affordable housing and allows flexibility on open space. Councilwoman
Richards said locally serving businesses have been forced out of the
commercial core and now tourist type businesses are being forced out of the
core. Councilwoman Richards stated the second home industry is often in
direct competition with the needs of a tourism based industry.
12
Regular Meeting
Aspen City Council
September 13, 2004
Councilman Semrau moved to adopt Ordinance #29a, Series of 2004, on
second reading changing sales and rental of vehicles to non-motorized
vehicles to allow scooters and to delete 26.710.140(b)(2), the office use on
first floor; seconded by Mayor Klanderud. Roll call vote; Councilmembers
Semrau, yes; Richards, no; Torre, no; Paulson, no; Mayor Klanderud, yes.
Motion NOT carried.
Councilman Paulson stated he feels this needs more study. Councilman
Paulson said he supports retail on the first floor and that should be a separate
amendment. Councilman Paulson said he likes the PUD process because it
allows public input on the project. Councilman Torre said Council and staff
have done a lot of work on this issue with give and take on both sides.
Councilman Semrau moved to adopt Ordinance #29a, Series of 2004, on
second reading changing sales and rental of vehicles to allow scooters and
not non-motorized vehicles; seconded by Councilwoman Richards.
Councilman Semrau said Council has discussed and discussed this and he
will vote in favor of this for the good of the community. Mayor Klanderud
said she favors the increased heights and the increased FAR for more
affordable housing in the commercial core. Councilman Paulson said he
cannot see this will get the community where they want to be.
Councilwoman Richards moved to call the question; seconded bv
Councilman Torre. All in favor, with the exception of Counciln~an Paulson
and Mayor Klanderud. Motion carded.
Roll call vote; Councilmembers Torre, yes; Semrau, yes; Paulson; no;
Richards, yes; Mayor Klanderud, no. Motion carried.
ORDINANCE 29b, SERIES OF 2004 COde Amendment, C-1 Zone
Chris Bendon, community development department, described where the C-
1 zone is located. Bendon said the C-1 zone acts as a transition from the
commercial core with the same dimensions and uses, less restaurants, which
are a conditional use. The code amendment for this zone would allow 2
heights; one for sloped roofs 38' measured at a mid-point and allow for
ridges above 38' or42' for flat roof buildings and an additional 4 feet for
areas recessed 15' or more from the street faqade. This would allow for a
variety of roof-type buildings. During work sessions, Council indicated they
13
Regular Meeting Aspen City Council September 13, 2004
wanted to allow single family and duplexes in the C-1. Currently single
family and duplexes are only allowed on historic properties and Bendon
recommended this not be changed. The FAR would be 80% of the FAR
allowed in the R-6 zone. This would be less than what is currently allowed
for a single family Or duplex in order to discourage low intensity uses in this
high intensity zone. Staff recommends approval of this code amendment.
Mayor Klanderud opened the public hearing.
Bert Myrin asked the recommended FAR. Bendon said it is proposed at 3:1.
Myrin said he is concerned about the Stage Three theatre and encouraging
them to redevelop into a use that might not serve the community as well as a
theatre.
Mayor Klanderud closed the public hearing.
Mayor Klanderud asked why bed & breakfasts are only allowed in historic
buildings. Bendon said the current code allows bed & breakfast in several
zones but only in historic buildings. Councilman Semrau supports removing
the historic requirement and allowing bed & breakfasts in the C-1 zone.
Mayor Klanderud said she is Concerned about the extra 4' height allowed in
this district. Councilman Semrau agreed and stated he would rather be more
conservative in the C-1 district.
Councilman Semrau moved to adopt Ordinance #29b, Series of 2004, on
second reading, amending it to eliminate the extra 4' and change bed and
breakfasts to a permitted use in the C-1 zone; seconded by Councilwoman
Richards. Roll call vote; Councilmembers Paulson, no; Richards, yes;
'Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried.
RESOLUTION #88~ SERIES OF 2004 - Soldner/Burlingame Annexation
John Worcester, city attorney, reminded Council this is the second step
required under the .Municipal Annexation Act. Worcester stated the property
is 1/6 contiguous with the city and a community of interest exists between
this property and the city. The property has not been divided into separate
parts without written consent of the landowners, who are the city of Aspen.
The owners of the property have consented in writing to the annexation.
There are no other annexation proceedings that would affect the property.
This annexation will not extend the city's boundary more than 3 miles. This
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Regular Meeting Aspen City Council September. 13, 200~
is consistent with the annexation element of the AACP. City Clerk Kathryn
Koch reported this public hearing was noticed and letters sent to the County.
Mayor Klanderud opened the public hearing.
Toni Kronberg noted the resolution states "said area is urban and will be
urbanized in the near future". Ms. Kronberg showed a map, which
illustrates this area is totally agricultural. Ms. Kronberg asked how this
property is capable of being integrated into the city. Worcester said this is a
determination to be made by Council. Worcester showed Stage road, the
Soldner property. Worcester reminded Council there is an agreement with
the Soldners in order to facilitate the new access road, the Soldners
conveyed a triangular piece of land to the city and the city exchanged city-
owned property in.order to accommodate the road. The Soldners want the
annexation of the Buflingame ranch to conform to the new property lines.
Worcester pointed out this is to annex a triangular piece of land into the city
and then at the next meeting disconnect the land deeded to the Soldners.
Worcester said this land will be part of the open space of the Burlingame
ranch master plan.
Ms. Kronberg showed the surrounding properties and stated there is no
urbanization in this area. Councilwoman Richards said this proposed
annexation is very close to the Maroon Creek housing and the MAA
seasonal housing. Ms. Kronberg read the definition of urban from the state
statutes. Worcester said the city's agreement with AVLT is that all the area
of Burlingame Ranch that is not subject to development will have a
conservation easement placed on it. This triangular piece of land is where a
road will be built. Ms. Kronberg reiterated there has never been any
development in this parcel.
Worcester said the issue of this resolution is whether the property is subject
to urbanization, subject to urbanization in the future, can utilities be
extended to the property. Ms. Kronberg said the AACP says the city is to
develop a community growth boundary to promote density and a sustainable
mix of land uses and protect open land. Mayor Klanderud said this
resolution is only to make findings of fact whether this is in accordance with
the state statutes. Worcester noted Council has made the determination this
land is suitable for urbanization when they established the urban growth
boundaries.
15
Regular Meeting Aspen City, Council September 13~ 2004
Stephanie Soldner brought up a finding, which states that less than ½ of the
land in the area proposed to be annexed is agricultural. Ms. Soldner said
Council did not address that finding. Ms. Soldner showed a picture that the
land is rural; there is nothing built on it: Ms. Soldner reiterated they do
want the rOad on Deer Hill. The Soldners were asked by the city to trade
land in order to keep the road off Deer Hill for wildlife reasons. The irony is
that the city will develop a village of 1,000 people in the middle of a green,
sage area. Councilman Semrau stated the road was moved at the request of
the Soldners and the Zolines.. Councilwoman Richards said there was a
series of reasons the road was moved and one of the main ones was the
Soldners' request'the traffic not be routed in front of their home. Ms.
Soldner said the area is worth saving. Ms. Soldner told Council they were
not part of this process; the agreements were negotiated with the Zolines and
the city. Ms. Soldner said as far as she knows, there is no permit to be
working on Deer Hill on the road. Ms. Soldner requested as a condition of
annexation of the Soldner land that the city not continue or begin any earth
moving or construction of the road until all land use approvals, site plans
and studies have been approved. Worcester said this is appropriate for the
public hearing of the annexation ordinance.
Councilman Semrau moved to approve Resolution #88, Series of 2004;
seconded by Councilman Torre. All in favor, with the exception of
Councilman Paulson. Motion carried.
Mayor Klanderud said this annexation meets compliance with the state
statutes. Mayor Klanderud stated although she did not favor this housing
project, she would like to see it be the best project possible. Mayor
Klanderud said the city may have moved too quickly and the annexation
should have been completed before any construction Started.
TRUSCOTT PHASE I PET POLICY
Bill Tuite, housing office, told Council staff took Council's action to the
housing board. The housing board wanted no breeds banned from Truscott.
Ed Sadler, assistant city manager, noted Council is not banning breeds city-
wide; they would be banning breeds as a landlord. Mayor Klanderud
suggested Council uphold the previous decision. Councilmembers Richards
and Torre agreed. Councilman Semrau suggested the fines be escalated after
the first violation. Council agreed. Tuite reiterated this is an experiment.
16
Regular Meeting Aspen City Council September 13, 2004
These are small units. There is only a small green area to walk the dogs.
This is a dense area with cars, people and children.
REQUEST FOR FUNDS Windstar Conference Scholarships
Ron Deutschendorftold Council Windstar is putting on a symposium
September 24th. This will be an environmental educational symposium.
Windstar is asking Council to sponsor 5 middle school students.
Councilman Semrau moved to fund 5 students at $50 for a total of $250 for
the Windstar symposium; seconded by Councilwoman Richards. All in
favor, with the exception of Councilman Paulson. Motion carried.
Councilman Torre moved to go into executive session at 9:35 p.m. pursuant
to C.R.S. 24-6-402(4)(b) for conference with the city attorney to receive
legal advice on the Friends of Marolt, Kinder Morgan, CDOT lawsuit and
Galena Lofts; seconded by Councilman Semrau. All in favor, motion
carried.
Councilwoman Richards moved to suspend the rules and extend the meeting
to 10 p.m.; seconded by Councilman Torre. All in favor, motion carried.
Councilman Semrau moved to come out of executive_ session at 10:00 p.m.;
seconded by Councilman Torre. All in favor, motion carried.
Councilwoman Richards moved to adjourn at 10:00 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Kat~ S. Koch~ City ~-~erk
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