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HomeMy WebLinkAboutminutes.council.20050214Regular Meeting Aspen City Council February 14, 2005 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 · Resolution #2, 2005 - Opposing State Legislation Recreational N-Channel Diversion ............................................................................. i ........................................... 3 · Board Appointments ............................................................................................... 3 · Minutes - January 24, 2005 .................................................................................... 3 RESOLUTION #3, 2004 - Amendment to CDOT MOU Maroon Creek Bridge Pedestrian Crossing .............................................................................................................................. 3 FIRST READING OF ORDINANCES .............................................................................. 4 · Ordinance #9, 2005 - Code Amendment - Lodge Zone District ............................ 4 · Ordinance #10, 2005 Code Amendment - Signs ................................................. 4 · Ordinance #11, 2005 Aspen Highlands Villas Zoning ........................................ 4 · Ordinance # 12, 2005 - Code Amendment - Neighborhood Commercial Zones... 4 ORDINANCE #37, SERIES OF 2005 - Aspen Consolidated Sanitation District Master Plan/SPA ............................................................................................................................. 5 ORDINANCE #3, SERIES OF 2004- 1202 Riverside Drive Rezoning ........................... 6 ORDINANCE #4, SERIES OF 2005 - 701 West Main Street Historic Lot Split .............. 6 ORDINANCE #39, SERIES OF 2004 - Bar/X Annexation .............................................. 6 ORDINANCE #40, SERIES OF 2004 AMCORD/AVLT Annexation ........................... 6 ORDINANCE #6, SERIES OF 2005 - Stage Road add/Bar/X Subdivision Final PUD and Initial City Zoning ........................................................................................................ 6 ORDINANCE #5, SERIES OF 2005 - Code Amendment Commercial Design/Pedestrian Amenities .......................................................................................................................... 14 Regular Meetin~ Aspen City Council February 14~ 2005 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, Paulson and Semrau present. CITIZEN PARTICIPATION 1. Jannette Murison, environmental health department, told Council House Bill 1256, Waste Reduction and Recycling, is going to committee February 22nd. Ms. Murison said there are two points of interest; the state recycling goal will be set at 30% to be achieved by 2008 and there will be a surcharge at dumps of $1.25 a ton. The surcharge will generate estimated revenue of $7 million/annually. This money will be used for grants to local governments and for education. Ms. Murison suggested if Council has concerns or comments, they contact Representative Kathleen Curry. 2. Toni Kronberg requested Resolution #3, an amendment to the CDOT MOU be taken off the consent calendar. Ms. Kronberg said there was an article in the Denver Post that some European cities experimented on having a day without cars, except emergency vehicles, allowed in their downtowns. Ms. Kronberg suggested the city of Aspen could try this during the off season. Ms. Kronberg asked if the city plans to update the AACP this year. Chris Bendon, community development department, said the AACP does not have to be updated every 5 years. Bendon said staff's opinion is they are working along on the action plan outlined in the AACP. Bendon said Council may schedule time to check in on the action plan. Ms. Kronberg noted Bendon did an excellent job on outlining all the issues in the Civic master plan. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said the Comedyfest was like the indoor X games. It was a great event. Mayor Klanderud thanked everyone involved, HBO, Joe Lang, city staff. Mayor Klanderud noted a lot of work was involved in preparing the venues. 2. Councilman Torre said a lot of visitors over the past week complimented Aspen locals for what they are putting into these events. 3. Councilman Torte said a local band, Citizen Kope with Stirling Greenwood's son, will be playing at the Belly Up February 15th. 4. Steve Barwick, city manager, told Council the Colorado non-point source group recommended full funding of $150,000 to remove the old vault underneath the recycling center. 5. Councilwoman Richards reported on the Club 20 transportation meeting. The director and regional director of CDOT were at the meeting. Councilwoman Richards said she expressed the city's thanks for funding the Maroon Creek bridge. Councilwoman Richards said the CDOT representatives explained the new transportation funding and how it will be allotted. Aviation in the Western Slope was also discussed Regular Meeting Aspen City Council February 14~ 2005 and that there will be a way to improve the reservation system for private aircraft so that multiple reservations, which clog up the airports, are not made. 6. Councilman Torre said he attended the NWCOG meeting. Most of the discussion was on GIS that is being offered by COG. 7. Mayor Klanderud said the majority of the RFTA meeting was discussed the trail between Carbondale and the Catherine store. Mayor Klanderud said RFTA policy states where there are wetlands and hinge points, the trail may be built on the rail bed. Mayor Klanderud said the section between Catherine Store and Hooks bridge does not have the rail on that alignment so that rails could be salvaged. There is also an agreement to salvage rails near Woody Creek. In April RFTA will discuss the comprehensive rails salvage plan. CONSENTCALENDAR Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: · Resolution #2, 2005 Opposing State Legislation Recreational In-ChaImel Diversion Board Appointments Wheeler Opera House - Pamela Cunningham Board of Adjustment - Mark Hesselschwerdt; Peter McClain; Jag Pagnucco · Minutes - January 24, 2005 All in favor, motion carried. RESOLUTION #3~ 2004 - Amendment to CDOT MOU Maroon Creek Bridge Pedestrian Crossing Toni Kronberg said she would like to know what this amendment looks like. Randy Ready, assistant city manager, told Council the original agreement with CDOT was to have the pedestrian/bicycle bridge suspended underneath the vehicle bridge. Staff has concluded the best solution would be the pedestrian/bicycle at grade. This amendment is to request that CDOT proceed with the at grade solution of a 12 foot wide sidewalk on the bridge, separated by a barrier. The advantages are snow removals not being in the shade, and the degree of handicap approaches that would be required on a trail underneath the bridge. Councilman Paulson asked when this was decided. Council said it was discussed at 2 EOTC meetings and a joint meeting with CDOT. Councilman Paulson stated he prefers the suspended bridge; this at grade solution seems like it will be too much concrete. Regular Meeting Aspen City Council February 14~ 2005 Councilwoman Richards moved to approve Resolution #3, Series of 2005; seconded by Councilman Semrau. All in favor, with the exception of Councilman Paulson. Motion carried. Councilman Paulson said he would like staffto come back with a resolution addressing the continued use of the old pedestrian bridge and with a memorandum addressing the pros and cons. FIRST READING OF ORDINANCES · Ordinance #9, 2005 - Code Amendment - Lodge Zone District · Ordinance #10, 2005 Code Amendment Signs · Ordinance #11, 2005 - Aspen Highlands Villas Zoning · Ordinance #12, 2005 - Code Amendment - Neighborhood Commercial Zones Councilwoman Richards moved to read Ordinances 9, 10, 11, 12, Series of 2005; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE NO. 9 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE SECTIONS 26.710.190 - LODGE (L) ZONE DISTRICT, SECTION 26.710.200 - COMMERCIAL LODGE (CL) ZONE DISTRICT, SECTION 26710.310 - LODGE OVERLAY (LO) ZONE DISTRICT, SECTION 26.710.320 LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT, AND SECTION 26.104.100 - DEFINITION OF "LODGE" ORDINANCE NO. 10 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.510, SIGNS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 11 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ASSIGNING ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI-FAMILY (R/MF) ZONE DISTRICT WITH A PUD OVERLAY. 4 Regular Meeting Aspen City Council February 14~ 2005 ORDINANCE NO. 12 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.170 - NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT - OF THE CITY OF ASPEN MUNICiPAL CODE. Mayor Klanderud asked if the deed restrictions will remain on the Highlands project. Chris Bendon, community development department, stated the zoning does not affect the deed restrictions. Councilwoman Richards moved to adopt Ordinances 9, 10, 11, and 12, Series of 2005, on first reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Torre, yes; Paulson, no; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #37~ SERIES OF 2005 - Aspen Consolidated Sanitation District Master Plan/SPA Chris Lee, community development department, reiterated the issues in this application; the intergovernmental agreement covering the long term use of the units. The IGA is in the packet. The list of residential design standards from which this project is being exempted is included in the ordinance. The third issue is the height of the buildings. John Cottle, architect for the project, showed Council on the model the prototype for all 3 buildings, which has had the third floor removed. The result is that the footprint is slightly larger. The building are still oriented parallel to the sun and parallel to the views. The architecture is the same as before. The height is 26'6" to the 1/3 point of the gable. The result of this design change is a gain of one unit for a total of 17 affordable housing unit. Mayor Klandemd opened the public hearing. Toni Kronberg stated she supports this application, and said the developer has done a fantastic job. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #37, Series of 2004, on second reading as amended; seconded by Councilman Semrau. Mayor Klanderud thanked the Sanitation District for reworking this project. Mayor Klanderud applauded the applicant for taking the step to house their employees. Mayor Klanderud said the applicants were caught in the crossfire of giving a trail easement to the city and then being criticized for building in the view from the trail. Councilman Regular Meeting Aspen City Council February 14~ 2005 Semrau said in the long run, this design is better for the community. Councilman Paulson thanked the applicant for revisiting this several times. Roll call vote; Councilmembers Torre, yes; Richards, yes; Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #3~ SERIES OF 2004 - 1202 Riverside Drive Rezoning James Lindt, community development department, reminded Council several years ago the applicant submitted a building permit application to construct two single family residences. The zoning map showed the property R-15 when it should have been R-6. Council heard an appeal and they agreed the zoning was R-6. The applicant filed suit. An agreement was reached which stated the applicant would apply for rezoning to R-6 for this property. The applicant will get less FAR but will be able to construct two single family houses. Staff and P&Z recommend approval. Mayor Klanderud opened the public hearing. Doug Allen, abutting property owner, said he understands this was done to settle litigation and he has no problem with the R-6 zone as long as it is conditioned that there will not be more than 4390 square feet of FAR on the properly. Allen submitted a letter for the record to that effect. Lindt noted that the land use code does not allow conditions placed on zoning ordinances. John Worcester, city attorney, stated if this is zoned R-6, the applicant would have to seek a variance to build any larger than is allowed. All adjacent property owners would be noticed. Mayor Klandemd closed the public hearing. Councilwoman Richards moved to adopt Ordinance #3, Series of 2005, on second reading, including Allen's letter for the record; seconded by Councilman Semrau. Roll call vote; Councilmembers Semrau, yes; Paulson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #4~ SERIES OF 2005 - 701 West Main Street Historic Lot Split Councilman Torre moved to continue Ordinance #4, Series of 2005, to February 28, 2005; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #39~ SERIES OF 2004 - Bar/X Annexation ORDINANCE #40~ SERIES OF 2004 - AMCORD/AVLT Annexation ORDINANCE #6~ SERIES OF 2005 Stage Road a/d/Bar/X Subdivision Final PUD and Initial City Zoning 6 Regular Meeting Aspen City, Council February 14~ 2005 John Worcester, city attorney, suggested to Council that they conduct the public hearing on all 3 of these ordinances but that they be voted on separately. Ordinances #39 and #40 are the final steps in annexation, a decision which is legislative and entirely within Council's discretionary powers. Included in the packet is a financial analysis of the impacts of these annexations. Steve Barwick, city manager, pointed out other than the transportation fund, all funds will see some increase in revenue from this annexation. The general fund will be $40,000 to the positive. The Wheeler will not have any added expenses but there will be increases to the real estate transfer tax fund. The housing fund will have some minor expenses and will also have revenues in their real estate transfer tax fund. The transportation fund will not break even. Barwick said it is difficult to differentiate the impacts of the Burlingame project from the larger transit picture in Aspen. Barwick noted there are over 400 other affordable housing units with 800 residents to the west of town. Barwick said the transit needs assessment pointed out this area needs the most improvement in service. The residents in this area all rely on the down valley bus system, which does not suit their needs. Barwick said the analysis includes providing lower and higher service than exists. The proposal includes car share services, on-demand taxi services and other mitigation measures. Barwick recommended a middle ground transportation system, which costs about $600,000/year. There are some revenues to cover this but they will be minimal and staff recommends paying the $550,000 annual transportation costs by increasing the transfer from the housing development fund. The pro forma contains $1 million to buy 3 buses and Barwick recommends adding another $2 million into the transit fund, which should allow the fund to go through 2009. Worcester reminded Council the AMCORD/AVLT property is that property directly north that the city received conveyance from AVLT in order to make phase 3 of Burlingame possible. Joyce Allgaier, community development department, told Council this application is from Bar/X Ranch LLC, represented by John and Para Lifton and Herb Klein. Ms. Allgaier said the exhibits entered into the record are listed on the staff memorandum in the packet. Ms. Allgaier added exhibit F, entitled proposed changes to Ordinance #6. Ordinance #6 contains exhibit A, which is the proposed zoning map for the subdivision and PUD. Ms. Allgaier showed the property, the parent parcel from which comes the parcel for the affordable housing, which is 20 acres. Ms. Allgaier outlined Deer Hill, Maroon Creek, the Airport Business Center and the Maroon Creek Club. The proposal is 12 free market units. There would be an opportunity for 12 ADUs. There is a ranch manager's house, 1 free market cabin located on the slope to Maroon Creek and 4 ranch residences that have historically be associated with the ranch. The subdivision creates a 2 acre lot for future cultural uses. The fisherman's tract along the fiver creates a lot. There will be a total of 18 new lots, which includes the 20 acre affordable housing parcel. Ms. Allgaier reminded Council this project in conjunction with the affordable housing project went through the COWOP process. The COWOP task force forwarded a favorable recommendation for this project. There is a GMQS exemption because this is a Regular Meeting Aspen City Council February 14, 2005 70/30 project, 70% affordable housing, 30% free market. The ordinance includes vested fights and a continuation of the COWOP process to handle amendments and make recommendations to Council. Ms. Allgaier pointed out a great deal of this land will be zoned AH/PUD, which is an incentive zone and allows for the 70/30 proposal. The 12 free market units will also be zoned AH/PUD; portions of these lots will be zoned conservation to be taken out ofbuildable land. Building envelopes are established in AH/PUD zoning. The land along the fiver is zoned conservation with the provision for 1 cabin with strict limitation for access. The fisherman's tract will be zoned conservation. The zoning for the cultural lot is Public/SPA/PUD. The purpose of the SPA/PUD overlay on the cultural area is for a planning tool to allow Council to govern uses and a site specific development plan for the future. The uses will have to be established by the SPA provision. The only current allowed use would be a continuation of the agriculture uses. Councilman Semrau said the public zoning for this parcel would have no building fights by fight of zoning. Ms. Allgaier said that is correct and the zoning is restrictive. Ms. Allgaier showed an area with 4 residential units in the conservation zone, which was addressed in the pre-annexation agreement and allows expansion up to 18,000 square feet between these 4 with purchase of TDRs. This would allow the units to expand and not to be non-conforming and to be approved through the SPA process. These are all existing residences. Ms. Allgaier said the pre-annexation agreement stipulates house size, which is 7,500 square feet with a TDR option of going to 10,000 square feet, which is a large structure. However, about 70% of the ranch property will be conservation and is a significant asset to the community. The designs will defer to residential design standards in their application, which will be a ranch vernacular. The application contains standards for lighting, landscaping, height, setback from the bluff. Staffrecommends allowing the residential design standards in the application to supercede the city's design standards. The internal roads are proposed at 20' except for one small section. The idea is to maintain the rural character and not to install curb and gutter. The engineering department requests the road be supported with road base. The applicants propose where there is a 20' with a drainage swale to use road base to provide more support. There is a 6' sidewalk proposed along Stage road, rural in nature with no pavement proposed, which staff feels is acceptable. Ms. Allgaier pointed out there is a provision for non-residential buildings on the ranch to be associated with agriculture. These would be located in the ranch cluster. There is currently 14,700 square feet of agriculture buildings; the PUD would allow up to 40,000 square feet for enhancement and storage. The vested fights requested is 25 years, which was stipulated in the pre-annexation agreement. Amendments to any of the PUD or subdivision standards could be approved by Council in the future. Ms. Allgaier said the exception is if the cabin location change within the footprint that would bring it into stream margin area, that review should go to P&Z. Ms. Allgaier pointed out the ordinance contains matrices that outline the dimensional standards for this development. The height is 30 feet, from existing grade to the highest Regular Meeting Aspen Cit~ Council February 14~ 2005 point. It is total height, not as measured by city code. Ms. Allgaier said staff recommends approval with conditions, which are listed in the ordinance. Mayor Klanderud asked why the ADUs were required and why one has to pay $240,000 to not build an ADU. John Lifton, applicant, said the ADUs were added at the request of Council. Councilwoman Richards said Council was trying to further enhance the affordable housing contribution and to allow on-site employees related to a certain parcel. The city's code allows payment-in-lieu rather than build these ADUs. John Lifton, Bar/X applicant, told Council the Zolines purchased the Bar/X ranch 50 years ago and have been running cattle on the ranch in that time. The city pumhased the Burlingame Ranch 8 years ago and started talking about building 50 to 75 units on the back bowl of Deer hill. Lifion said the applicant thought that was a bad location and met with Council to work on planning the area as a whole to encompass affordable housing and the ranch development. Lifion told Council they referred to the Aspen Area Community Plan to see what the community was trying to do. Lifion said the preservation of open space and contribution to community housing seemed to be top goals of the community. Lifion said their plan addresses those two issues. The AACP also states to preserve and enhance historic resources and the preservation of the intact ranch has been central to the plan from the beginning. The ranch is a piece of active agriculture and is also the last working cattle ranch at this end of the valley. The main buildings of the ranch go back into the late 1800's; the irrigation patterns are a cultural artifact and worthy of preservation. Lifion showed the main pieces of the proposal, the Bar/X ranch, the Burlingame ranch, and the AVLT area. Lifion showed the amount of these lands that will be in perpetual conservation; the ranch has 85 acres of conservation, Burlingame has 71 acres of conservation and AVLT land is 23 acres of conservation for a total of 179 acres of perpetual open space conservation. Lifion said a large amount of open space is being protected. Lifion noted the economic sustainability report discusses the need for facilities to complement the cultural facilities in town. Lifion said there should be a place for cultural and educational facilities. Lifton said a commitment was made in the pre-armexation agreement with a specific program to be defined by final approval. Lifton said this is an opportunity for the city to land bank some acres for space in the future to build these types of facilities. The location has been changed to sit right next to the affordable housing where it can be integrated into the life of that community. Lifion said they conducted a survey of non-profit organizations, which showed there is a need in the community for this type of facility. Lifion reiterated this offers more affordable housing than the land use code requires. There is more open space preservation. There is also land banking for cultural or educational facilities. The applicants get the ability to get value out of the land without destroying the ranch. 9 Regular Meeting Aspen City Council February 14~ 2005 Mayor Klanderud opened the public hearing. Denis Murray said employee housing has been discussed for the last 24 years. There used to be more places to live in town and these have been redeveloped. Murray said he was a member of the COWOP task force, attended all the meetings, read all the materials. Murray said he feels this is a quality project. Murray said when he voted for this in 2000 he thought this was a good idea and he still feels it is a good idea.. Murray said he feels the 236 units are needed by the community. Murray said this project will cut down on driving miles, will be sustainable and will be accessible. Jim Curtis stated he supports the project. This project has pros and cons. Curtis said he went through open space, housing, transit, costs and looked at how these elements and competing needs are balanced. Curtis said this has been in the works for 7 years and Council should get on with it. Steve Jaworski also supports the project. There is a lot invested in this project and everyone has gone out of their way to make this project right. Molly Ireland told Council she lives in affordable housing and appreciates that housing. Ms. Ireland said what she can contribute to this town because of living near town is housing musicians, athletes, buddy programs, which has meaning to the community. David Bentley said people tend to rewrite history and to hypothesize how things might have been. Bentley said Council will open a can of worms if they allow elections to be reversed. Burlingame cannot be erased. Justine Kirk told Council she collected many of the signatures on the initiative petitions, which would put on the ballot ordinances requiring voter approval of affordable housing projects. Ms. Kirk said she is aware of how the housing program is administered. Ms. Kirk said that while carrying the petition, she found that 6 out of 10 households in deed restricted housing were not lived in by their listed owners or occupants. Ms. Kirk said they will make their case to the public who care about these abuses; Aspen's voting public will be the ultimate decision makers. Loren Ryerson said his affordable housing neighborhood is occupied 100% by the owners who are employees of Pitkin county. Ryerson said he is looking forward to moving into a more appropriate unit for his family size. Ryerson said he is grateful for affordable housing where he lives and near where he works. Toni Kronberg submitted a letter to John Worcester asking him to write a letter to let the contractors know this ordinance does not become final for 30 days in order to give citizens a right to referendum. Ms. Kronberg said she is concerned that the outcome of this public hearing has been pre-determined. Ms. Kronberg said she has articles of different times and different meetings. The code of conduct adopted by Council states the Council shall not be deemed to have made a determination and if there is any appearance of that, Council should disqualify themselves from voting. Council has sat on COWOP, which made recommendations. There have been political activities. This is the first public hearing on the land use approval. Ms. Kronberg said she would like Council 10 Regular Meetin~ Aspen City, Council February 14~ 2005 to set this issue for election. City voters should be given the opportunity to vote on this as there is now a final project. Ms. Kronberg questioned annexing this land to go through the city's land use process rather than having it go through the county land use process. Ms. Kronberg showed a picture of the area stating it is agricultural and farming. This is open space without buildings. Ms. Kronberg said affordable housing should be built within walking distance of town. Frank Peters read a letter into the record from Eric Skarvan who supports this project stating the community has discussed the pros and cons of this project over the last 7 years and spoke when they supported Burlingame at an election in 2000 by 60%. Peters said there is a good mix of generations in Aspen and that is one reason to support and to build Buflingame. Peters said he feels it is his responsibility to make places for the next generations. Connie Harvey said the city needs to look at causes why there is no affordable housing. Ms. Harvey said she is concerned about whether Stage road is public or private and whether she will be able to use it. Ms. Harvey said there are many animals that use this wildlife corridor. Ms. Harvey said it is too bad this cannot be a better project. Mick Ireland said this has been a lengthy approval process. Ireland said the issue on the table is honor and does the community honor its signed agreement; does the community honor the election held in 2000. Ireland said damage will flow from decisions that reject the promises; that would be unethical. J. E. DeVilbis urged Council to support Buflingame. DeVilbis said this has been supported by citizens in town and said Council should not back down from their earlier support. Mayor Klandernd closed the public hearing. Pamela Lifton asked why it is so difficult to do a project like this. Ms. Lifion said Aspen has done things first that are easiest, then because the commtmity seemed at risked tried to retrofit housing into the community. Ms. Lifton said a large amount of the vital community lives in Carbondale, Basalt and beyond. People always state they are committed the affordable housing and then state "this" place is not the right place; it is too rural, too far off the transit line, too beautiful. Ms. Lifton said the analysis has shown that there is no better place for affordable housing than Burlingame. Ms. Lifion said opponents feel if Burlingame does not happen, the Bar/X ranch will stay the way it is. Ms. Lifton said that is not possible; the rules of change and the rules of taxes mean that is not possible. Ms. Lifion said without the affordable housing and conservation easement, there will be huge, trophy houses. Ms. Lifton said she feels there is commitment to make this an excellent project and an appropriate solution for the community. Mayor Klanderud asked about the Stage road right-of-way, is it a prescriptive easement, a private road. Worcester said staff checked with the county to see if it is a county road. The county indicated it is not a county road. A title search was done which could find no documentation one way or the other. The applicant's assumption is that this is a public road or the other properties have a prescriptive easement giving them the right to use the road. Worcester said city staff has treated this as if it were a public road and those parties 11 Regular Meeting Aspen City Council February 14, 2005 using the road will be able to continue to use them in the future. If the annexation is approved, the city will maintain that road until the homeowner's association takes over the maintenance of the road. Worcester said he suspects this road was never formally dedicated to the county and the county never formally accepted the road, which means it is a private road. Mayor Klanderud asked why this would be turned over to the homeowner's association. Worcester said it is to the city's advantage. Mayor Klanderud said her concern is the density that might occur and incremental costs to maintaining the road. Lifion said they, too, did extensive research and found no dedication of the road. Lifion stated he believes this is a prescriptive easement and is open to the public. Lifion said they are planning improvements to the road and that the homeowners will maintain it to the highest standards. Lifton stated every right of access from the Harveys and Belfords will continue. The Harveys have an approved subdivision for two additional lots. The agreement has been that any additional density will share in the costs of the road. Lifton stated the homeowners will agree to cover the cost for the additional density. Mayor Klandernd stated she is concerned about the barbed wire fencing with regard to wildlife. Lifion said the specification is that the top and bottom wires are not barbed and this has been used throughout the west. Liflon said he will check to see whether the fence between the affordable housing and the ranch needs to be barbed or not. Mayor Klanderud said her concerns are wildlife and children. Mayor Klanderud brought up ADUs and that because there is no mandatory occupancy, these might be built as guest houses. The city is interested in less density and there is an option to pay $240,000, which could go back into the affordable housing fund. Lifton said they will make some financial incentive through the homeowner's association so that people who do put tenants into the ADUs are providing services to the free market units. Councilman Semrau said no one can guarantee the ranch operation will go on forever and the housing board requests if the ranch operation ceases, the government will revisit the ban again dogs. Lifion said there are 3 reasons for the dog ban; (1) interference with wildlife; (2) interference with life stock and (3) worries of contamination with surface water. Mayor Klanderud said this type of housing is generally for families and families like to have dogs; however, the dog ban was clear in the pre-annexation agreement. Mayor Klandernd said she would have reservations about dogs and the wildlife and life stock in this area and is most comfortable leaving the ban in plan for the time. Worcester said changing the dog ban in the future will require a PUD amendment and the concurrence of everyone involved in the PUD. Cotmcilwoman Richards asked if there is any ability to create a trail that is more of a direct connection from Burlingame to highway 82 bike path. Lifton said this was debated with the parks department and Council and the applicants have not changed their opinion. The impacts at the south end of the site where the site is very narrow would be too intense. 12 Regular Meeting Aspen City Council February 14~ 2005 Councilman Torte asked if the cultural parcel could be zoned conservation at this time. Councilman Torre said he does not feel the cultural parcel is appropriate for the project at this time. Councilman Torre said he does not want to allow any uses that will draw more traffic to this area. Lifion said they are not asking for anything specific; the only rights they would have would be agricultural use. All the decision making on this 2 acres would be in Council's hands. It would be zoned Public. At the beginning of the process, staffmade it clear they did not want any of the pieces undetermined. Councilman Semrau said if this is publicly reserved and nothing can be done without Council approval, that seems appropriate. Herb Klein, representing the applicants said in the public/SPA zone, the only use by right is designated in this approval, and that use is agricultural operations. Any other uses would have to go through an SPA process with Council. There is no reliance on the public zoning because of the SPA overlay. Klein said a rezoning from conservation to public in the future will be difficult. One would have to show changed circumstances or compliance with a master plan amendment. Klein said with an annexation, Council has the discretion to determine the zoning ora property. Klein said he does not see a downside to allow these cultural uses. The Zolines have talked about a cultural component on this property from the beginning of this planning. Mayor Klanderud said some of the concerns about Burlingame have been sprawl and increased traffic, which gets exacerbated every time another element is added to the proposal. Mayor Klanderud said she does not feel every neighborhood needs its own cultural; center. Councilwoman Richards pointed out this was allowed in the pre- annexation agreement and was part of the election 2000 debate. It was part of the Zoline's plan to blend community goals; open space, affordable housing, and cultural heritage. Councilwoman Richards said the requested zoning maintains the status quo, acknowledges what was in the pre-annexation agreement. Councilwoman Richards noted any development proposal would have to have Council approval. Mayor Klandernd said she does not think this will preclude what could happen in the future. Worcester said the concern about reliance is taken care of the language in the ordinance. This record would indicate the applicants have no detrimental reliance in the future regarding any uses on the two acre parcel except for agricultural unless they get Council approval. Womester noted this whole area is a PUD and will have to have homeowners' approval. The SPA overlay grants a future Council the ability to change their minds. Pamela Lifton said where land is as dear as in Aspen, the hardest land to get a hold of is for cultural or educational purposes. Ms. Lifton said this is an important and precious future opportunity for the community. Worcester suggested adding a sentence to section 9 to the effect that there is no reliance that any future Council will approve any use other than agricultural. Lifton agreed and said the pre-annexation agreement stated there would be a cultural use area and the size would be determined at final approval. Councilwoman Richards moved to adopt Ordinance #39, Series of 2004, on second reading; seconded by Councilman Semrau. 13 Regular Meeting Aspen City Council February 14, 2005 Councilman Paulson asked if Council would put this issue to a vote. Councilmembers Semrau, Richards and Mayor Klanderud said they are not. Councilman Torre said he would be willing to put this to an election. Roll call vote; Councilmembers Richards, yes; Torre, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau moved to adopt Ordinance #40, Series of 2004, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Paulson, no; Semrau, yes; Richards, yes; Torre, yes; Mayor Klandemd, yes. Motion carried. Councilman Semrau moved to adopt Ordinance #6, Series of 2005, on second reading with the following changes; that paragraph 9 adding a sentence "there shall be no reliance by the applicant that any uses other than agricultural uses shall ever be approved by the City Council"; the changes presented by community development department, and to eliminate the provision for any cost to the city based upon the development of the Harvey and Belford properties; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, yes; Richards, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #5~ SERIES OF 2005 - Code Amendment Commercial Design/Pedestrian Amenities Councilwoman Richards moved to continue Ordinance #5, Series of 2005, to February 28; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 9:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. ~/th~yn S. ,~och, City C e - 14