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HomeMy WebLinkAboutminutes.council.20050228Regular Meeting Aspen City Council February 28, 2005 COUNCILMEMBER COMMENTS .................................................................................. 2 COUNCILMEMBER COMMENTS ....................................................................................... 3 CONSENT CALENDAR ................................................................................................... 3 · Little Ajax Footprint Changes ................................................................................ 4 · Resolution #5, 2005 - Contract for Parks Vehicle ................................................. 4 · Board Appointments - Jasmine Tygre P&Z; Liz Atkins Board of Adjustment.. 4 · Minutes - February 14, 2005 .................................................................................. 4 RESOLUTION #4, 2005 - Main Street Banner - Mountain Travel Symposium ............... 4 SPRING JAM CORE PARTY SPECIAL EVENT REQUESTS ....................................... 5 FIRST READiNG OF ORDiNANCES .............................................................................. 5 · Ordinance #13, 2005 - Code Amendments - Miscellaneous Land Use ................. 5 · Ordinance #14, 2005 - Charter Amendment Municipal Court Jurisdiction ......... 5 ORDiNANCE #50, SERIES OF 2004 - Fox Crossing Subdivision .................................. 6 ORDINANCE #4, SERIES OF 2005 701 West Main Street Historic Lot Split ............ 13 ORDiNANCE #8, SERIES OF 2005 - Soldner/Burlingame Ranch Initial Zoning ......... 13 ORDINANCE #9, SERIES OF 2005 Code Amendment Lodge Zone District ............. 14 RESOLUTION #6, SERIES OF 2005 - Appeal of Code Interpretation - Conditional Use for Parking Lot .................................................................................................................. 16 RESOLUTIONS #7 AND #8, SERiES OF 2005 - Initiated Ordinances added to Ballot 18 Regular Meeting Aspen City, Council February 28, 2005 Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Semrau, Torre, Paulson and Richards present. COUNCILMEMBER COMMENTS 1. Bill Stirling, president Aspen Choral Society, requested an emergency grant from Council. Stirling said the vocalists have been performing in the valley since 1978 and eleven years ago the Aspen Choral Society was formed. The board is made up of singers from the Society. There are about 200 singers in the Choral Society. The orchestra is about ½ local and ½ former Aspen Music Students who return to perform. Last year the spring concert was dedicated to the memory of Father Theophane. Last year's concert and fund raising went well. This year there is a short fall of about $35,000. The Society has cut back on paid musicians. Stirling requested to be added to the agenda to get a grant of $20,000 either from Council's contingency or from the Wheeler RETT. Councilman Paulson moved to add this to the agenda; seconded by Councilwoman Richards. All in favor, motion carried. 2. Emzy Veazy said he had earlier proposed Aspen form a sister city relationship with Beverly Hills. Council has made no movement on that suggestion. Veazy said he has support from the Beverly Hills Council. Veazy said if Council he is not interested, he will take this suggestion to Vail. Mayor Klanderud said the purpose of the sister city program is to encourage educational partnerships betweens cities in the United States and around the world, not cities in the U.S. Councilwoman Richards said she is not interested in pursuing a sister city relationship with Beverly Hills. One of Council's criteria for their sister cities is that they are in mountain towns with ski areas. 3. Kris McKinnon, Aspen Skiing Company, requested (a) Monntain Travel Symposium banners be pulled from the consent agenda. 4. Diane Kessler requested money from the city in order to help bring the Northern Ute Tribe to the valley to perform ceremonial dances on closing weekend of the Ski season. Ms. Kessler said the Ski Company has approved lift tickets and they are requesting about $600 from the city for gas and food expenses. Councilman Paulson moved to add this request for funds to the agenda; seconded by Councilman Torre. All in favor, motion carried. 5. Toni Kronberg gave Council an article about the experiment in European cities where they closed their downtown to vehicular traffic. Ms. Kronberg said there is some potholes near the Grand Hyatt that need filling. Ms. Kronberg Said she does not feel citizens should have had to circulate initiative petitions. The urban growth boundary was moved several years ago to take in Burlingame. Councilwoman Richards said in the 1995 AACP, there was a UGB and it went as far as Aspen Village. In the 2000 AACP, there was a reduction in the size of the urban growth boundaries and Burlingame Ranch was included in both the 1995 and 2000 UGBs. 2 Regular Meeting Aspen City Council February 28~ 2005 6. Jim Ward complimented the city on the signs at the roundabout on the west side informing drivers which lanes go where. COUNCILMEMBER COMMENTS 1. Councilman Paulson said the Elli's building is no longer blue and he would like Council to ask the developer or owner to consider returning it to its original color. Sarah Oates, community development department, told Council staff contacted the owners and asked them to return it to Bayer blue. Councilman Paulson said this is a very prominent location and a historic building. Council agreed to send a letter. 2. Councilwoman Richards told Council the deadline for comments regarding drilling on the Roan Plateau is March 4. Councilwoman Richards requested Council send a letter in support of the community plan. Council agreed to discuss this at their March 1st meeting. 3. City Clerk Kathryn Koch told Council she has certified two initiative petitions, #1 having to do with pre-annexation agreement and #2 requiring elections for any affordable housing project over 10 units. Signatures of 736 registered city electors is required; each petition had over 790 signatures. Ms. Koch told Council they have the choice to adopt the ordinances as submitted, reject the ordinances and schedule these as ballot issues for the May election. Ms. Koch stated she has two resolutions #7 and #8 to indicate Council will put these to a vote. Councilman Torte moved to add Resolution #7 and #8, Series of 2005, to the agenda; seconded by Councilman Semrau. All in favor, motion carded. 4. Councilwoman Richards reported she attended the Colorado Municipal League meeting last week in Denver. Most of the discussion centered on TABOR reform and what ma~, be on the ballot in November. The other issue is how lack of federal funding for Community Development Block Grants may be effecting non-profit organizations. Councilwoman Richards said she will work with the county health and human services organization to gather this information. 5. Mayor Klanderud announced the ACRA board last week endorsed the Burlingame housing project. CONSENTCALENDAR Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: 3 Regular Meeting Aspen City Council February 28, 2005 · Little Ajax Footprint Changes · Resolution #5, 2005 - Contract for Parks Vehicle Board Appointments Jasmine Tygre P&Z; Liz Atkins Board of Adjustment · Minutes - February 14, 2005 Councilman Torre stated although he did not vote in favor of the Little Ajax project, he is voting in favor of these footprint changes as they are an improvement to the project. Councilwoman Richards commended the parks department for purchasing hybrid vehicles. All in favor, motion carried. RESOLUTION #4~ 2005 - Main Street Banner - Mountain Travel Symposium Kris McKinnon, Aspen Ski Company, told Council their request for banners to be hung from the light poles along Main street was rejected because it does not fit the city's criteria. Ms. McKinnon said they feel the barmers along Main Street welcoming the Mountain Travel Symposium will enhance the feeling that the entire community is welcoming this group to Aspen. Ms. McKinnon said she feels the sense of arrival is very important. MTS represents travel agents and ski groups who make decisions about coming to or sending people to Aspen. Sarah Oates, community development department, reminded Council the criteria was developed in order for staff to administer requests for banners. The criteria included banners for significant anniversaries, 25, 50, etc. Council has approved banner requests for World Cup and X games as these are events that affect a significant segment of the community. Ms. McKirmon said this event will showcase Aspen as a future destination to many of the guests at this symposium and it has a significant impact in terms of tourism in the future. Mayor Klanderud agreed this is an international event and is significant to the entire community because it involves those people who promote Aspen as a world premier resort. Councilman Torre moved to approve Resolution #4, Series of 2005, to include allowing barmers along Main street as well as the downtown light poles; seconded by Councilman Semrau. Councilman Torre noted this is a one-time event and he agrees with the Mayor's comments. All in favor, motion carried. 4 Regular Meeting Aspen City Council February 28~ 2005 SPRING JAM CORE PARTY SPECIAL EVENT REQUESTS Mayor Klanderud asked what the lost parking revenues would be. City Clerk Kathryn Koch said the revenues will only apply after 4 p.m. Saturday and the parking department is willing to waive them. There will also be 10 vehicles parked in the venue during the day. The lost revenue would be $140. Randy Ready, assistant city manager, thanked the Skiing Company for working with the city and for being flexible in the time of the concert. There is a concert at the Wheeler and staff and the Ski Company are trying to make sure this works for everyone. Ready noted people can come to Aspen, go to a blue grass concert at the Wheeler, come to this Core party and then go to hear music at Belly Up. Mayor Klanderud requested Mead Metcalf at the Crystal Palace be contacted about this event. Councilman Semrau moved to approve the Aspen Skiing Company request to close Cooper and Galena streets after 4 p.m. Saturday March 20, to allow noise beyond 9 p.m. and to allow Nissan trucks and Budweiser blows up in various places at this venue and at the gondola and to waive the parking as outlined; seconded by Councilman Paulson. All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #13, 2005 - Code Amendments - Miscellaneous Land Use · Ordinance #14, 2005 - Charter Amendment -Municipal Court Jurisdiction Councilwoman Richards moved to read Ordinance #13 and #14, Series of 2005; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 13 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN MUNICIPAL CODE: 26.104.100 DEFINITIONS; 26.575.040- YARDS; 26.590- TIMESHARES; 26.710.220- CONSERVATION ZONE DISTRICT. ORDINANCE NO. 14 (Series of 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 7.2(a) OF THE CITY OF ASPEN HOME RULE CHARTER TO CHANGE THE JURISDICTION OF THE ASPEN MUNICIPAL COURT. Councilwoman Richards moved to adopt Ordinance #13 and #14, Series of 2005, on first reading; seconded by Councilman Semrau. 5 Regular Meeting . Aspen City Council February 28~ 2005 Councilwoman Richards said for second reading she would like staffto clarify the definition of storage areas and whether they can be combined with utilities and not counted in that space, which might create 2 outbuildings. Councilwoman Richards said she would like some examples about allowing narrower balconies and how to avoid creating problems if someone built over the line, would it affect the neighbofing property. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #50~ SERIES OF 2004 - Fox Crossing Subdivision Councilwoman Richards and Councilman Paulson left the meeting due to a conflict of interest; they both live within 300 feet of the project. Chris Bendon, community development department, went through Council's questions from the last public hearing. The first was the trail through the park, its surface and width. Bendon said this will be a 6-foot wide concrete trail. Parks Department suggests the concrete trail use a city standard trail so it is inviting as a public trail. Bendon told Council the parks department does not espouse city-ownership of this park; it can be privately owned and still function as a public amenity. Bendon stated there were questions about Race street and Race alley. Bendon said if the streets will have two-way traffic, a 30-foot fight of way is necessary; this would require obtaining fights-of-way on both sides. If this is a 20 foot fight-of-way, both the city engineer and the fire marshal suggest the street be one-way northbound. The fire marshal feels one-way southbound would create a bottleneck in an emergency. City staff also suggests Race street be one way and have parking on both sides of the street. The traffic safety advisory committee agreed with the one-way and suggested a sidewalk along one- way of Spruce street as a pedestrian amenity. Bendon said this needs to be reviewed and discussed with the neighborhood. Bendon told Council there is an easement for access to the Hunter Valley way parcel. Bendon said this parcel would require 1041 approval and there may be slope issues; however, if one is denied in a county 104I process, they may go through a takings process, at which point the county decides whether to approve the development or to pay for the parcel. This parcel has one development right. It is zoned AFR-10 in the county which allows a 5750 square foot house with the ability to increase with TDRs. Councilman Semrau asked if prior to the applicant granting an easement, did the Hunter Valley Way parcel have access. Bendon said that is correct. Councilman Semrau said except for this easement, there is no access to the Hunter Valley Way parcel. Bendon told Council the county has recently adopted code amendments, which allow for development fights to be transferred from "constrained" parcels, which might apply to this parcel. 6 Regular Meeting Aspen City Council February 28, 2005 Bendon said there were issues from the last meeting about impacts on surrounding roads. Bendon said staff feels there would be an increase in traffic; however, it is within the capacity of the roads and intersections. Staff recommends the construction access be off Lone Pine road, which condition is contained in the ordinance. Bendon reminded Council they asked about the two log cabins being deed restricted to affordable housing. This was not a consideration before HPC. If Council wants to change that HPC decision, they will need to call up that decision. Bendon told Council this project is meeting its affordable housing obligation. Stan Clauson, representing the applicant, showed the location of the Hunter Valley Way parcel and its location to other pieces of open space. Clauson stated they have an opinion from Chris Lacroix regarding the access to the property, Camilla Auger, applicant, gave Council an opinion from Mitch Haas about a takings and the process for that. Letters entered the record are from Patti and Tom Clapper, Tim McFlynn, Chris Lacroix, Schmeuser Gordon & Myer, Mitch Haas, MCO Mine Services and Garrett Brandt. Councilman Semrau asked if the letter from MCO mine services implies that the access could be a tunnel. Ms. Auger said it states a tunnel can be dug and used as access. Ms. Auger showed Randall park, owned by the county. Ms. Auger told Cotmcil one cannot sue a local govenunent to get through government owned open space for access. Ms. Auger went over the history of attempts to get access to Hunter Valley Way through Randall park, all of which were thrown out of court. Ms. Auger showed access through her property and the cheapest, easiest, fastest route is a tunnel, which could go right to the building site. Ms. Auger told Council the applicants signed a contract with the investors to give them access to induce them to go into this development. The investors are doing this for the tax deduction, which deduction relies on the fact that the property could be commercially developed. Ms. Auger said this is developable and the value is $3.7 million for the raw land. The tunnel would cost up to $700,000, which makes it feasible. Ms. Auger noted that Hunter Valley Way is adjacent to Randall park, contiguous to the land given by Harley Baldwin and the land given by BLM, which is contiguous to land given by the Augers several years ago. This adds up to 42 acres of open space which can never been developed. Ms. Auger told Council the investors paid for this parcel and the developers have to pay them back. Ms. Auger said the developers found a group of investors willing to put up the money to buy Hunter Valley Way in exchange for the tax benefits and for being paid back with interest. Ms. Auger told Council she did not get any compensation for the access. The project uses the 3 development credits to raise enough money in the project to pay the developers back. Councilman Semrau said the Augers have created the threat of development with the access easement while asking the city for development rights to extinguish those development rights. Clauson stated it is likely the Hunter way property would be developed. There are opinions in the letters submitted to the record noting legal reasons for this. Clauson said the key issue is whether the Hunter Valley Way parcel meets the criteria in the code amendment to allow TDRs to sterilize a parcel. This parcel is visible and accessible to the trails. Councilman Semrau said the new code amendment states it is up to City 7 Regular Meeting Aspen City Council February 28, 2005 Council to determine the value of the open space against the development fights. Councilman Semrau said he is trying to determine the value of that open space. Councilman Semrau said there are 3 development rights being requested, which translates to 3 dwellings. Councilman Semrau asked if one of these development rights is going to the Griffith property for 3 dwelling units. Bendon said the property has 2 development fights and a limit through the lot split approval. One additional development fight allows for 3 stand-alone parcels, large enough for duplexes to allow a total of 6 residences. Bendon noted there is a chart of development fights per parcel in the Council packet, outlining the existing lots and development rights, the proposed lots and development rights and FARs. The other 2 development fights would land on the old house plus north cabin lot, two new lots created a single family of 3240 and a single family at 3338. Councilman Semrau said the difference in the size of the project with added development fight is 13 units at 31,000 square feet and 19 units at 48,000 square feet. The proposed trade for the open space would grant about 50% more FAR and 6 units. Clauson stated the extra development rights do not confer any greater density than zoning; they are used for growth management exemptions. Clauson said if one has a given lot and develops it as a single family or as a duplex, the difference in floor area on that lot is a 10% increase. The properties would be getting the ability to have a single- family house rather than splitting a duplex and the ability to develop it as a duplex or as a single family. Bendon said on the Fox Crossing lots 8 and 9, the difference in the FAR if this were approved is 3350 square feet and on the Griffith lots is 3300, total of 6650 square feet. Clauson told Council the trail is intended to provide complete continuity from the Oklahoma Flats trail to the Hunter Creek trailhead on Spruce street. Clauson illustrated this on a map, showing where sidewalk exists, the trail through the project. Clauson said the trail material would be the same as that used by the city parks department, sufficiently wide to allow wheelchair access, bicycles and not overly wide. Clauson said the Fox Crossing meadow would be owned and maintained by the homeowners association. An easement would be provided to allow public access to the trail and the meadow. The responsibility for maintenance of that open space would be the homeowners association. This parcel would remain a historic site and under the purview of the HPC. Ms. Auger reminded Council at the last meeting, Council brought up the possibility of a park at the Hunter Creek bus stop. Ms. Auger said they investigated this; the ownership is complicated. There is a pervasive easement from the county to RFTA and RFTA has not wanted to give up any of its easement. Ms. Auger said she is working on an agreement for Hunter Creek to maintain this park, the developers will do the plantings, trees and grass and the parks department will put in the irrigation system. Ms. Auger told Council she has spoken to RFTA who would be willing to give up their easement as long as the bus stop is allowed to continue. Jeff Lester, Hunter Creek HOA, said they would be interested in selling the parcel; they have not discussed maintaining it. Clauson said another issue is traffic and circulation. This plan deals carefully with those issues. Clauson said a 20-foot fight of way with an 8-foot parking shoulder on one side 8 Regular Meeting Aspen City Council February 28~ 2005 has been provided on Race street, which the applicants feel could accommodate two-way traffic. If Council feels this street needs to be one-way, the 20-foot fight of way could be reduced and parking could be provided on both sides of the street. Clauson said the question was asked at the last hearing, how much parking is provided. Clauson stated there are 44 internal parking spaces on the lots and 38 are required by code, assuming maximum development of 19 units. Clanson told Council the applicants looked for additional parking and identified 3 areas where public parking could be provided. One of these is 3 spaces at the end of Walnut street. Clauson noted along Spruce street is head in on city property except in front of lot 2 where there is an existing ditch. The applicants propose an off site improvement of filling that ditch and providing a gravel, all weather surface for up to 6 parking spaces. Adjacent to lot 1, there is exit road from the Centennial and if the applicants provided a license to the city to bring parking on to lot 1, this could accommodate another 6 parking spaces, for a total of 15 parking spaces for the public. There would also be parking at Aley park. Clauson stated sidewalks along Spruce street is a neighborhood issue. With the current parking patterns, it would be disruptive to the neighborhood to install sidewalks, which would require the head in parking be shifted to parallel, resulting in a loss of parking. This is a community planning issue, not a Fox Crossing issue. Jay Hammond, engineer, noted the way the site has been laid out, it has been divided into a east and a west zone. Hammond said the east zone, which represents about 40% of the traffic generation, will affect Spruce and South streets most heavily. The west zone represents about 60% of the traffic generation. Hammond said dividing the project splits the impacts. Hammond said the applicants looked at a through street, the impacts on the project, impacts to the open space and to the historic structures. Hammond pointed out there was concern about additional traffic in front of the Hunter Creek condominiums. Clauson stated the affordable housing requirements under the code will be fully met. Clauson reminded Council there was some issue about the historic cabins and using those for affordable housing. Gilbert Sanchez, architect, said there are 3 notable historical elements on the property; the Blue Victorian, the log cabins and th'e open meadow. Sanchez said these historic elements are important for the story of the Gfiffith family. Sanchez said the applicants did look at using the log cabins for affordable housing. One of the goals of this project was to maintain the R-6 lots size and configuration. The plan that works best and that won HPC acceptance is the plan in front of Council. Clauson went over the entire plan and the community benefits; the Hunter Valley way open space and its relationship to other open spaces, the improvements to Aley park, the creation of Fox meadow open space, the traii connection, and the improvements to Race street. Clauson read a letter into the record from Connie Harvey in support of this proposal and the value of the open space along Hunter Way. Councilman Semrau asked staff what they feel the minimum requirements should be for rights-of-way. Nick Adeh, city engineer, said the residential uses and the proximity of the buildings to the fight of way, staff feels that adequate parking on both side of Race street should be provided. Adeh said Race alley is not adequate to maintain two-way Regular Meeting Aspen City Council February 28, 2005 traffic and recommended this be one-way from South street going north to Spruce street. This would meet minimal requirements of 20' alleyway. Race street has a wide right-of- way and to accommodate two-way traffic and one-way of parking, 36 to 38' is required. Adeh said for Walnut, the unrestricted width should meet 21' with no parking. Adeh said there must be no parking on Walnut and Race alley to maintain the one-way access. Clauson said the development plan proposes a 28' right-of-way and adds 6' for the width of the trail. Clauson noted the city engineer requests 38' plus 6' for a total of 44' which cuts into lot 1 and eliminates the developability of that lot. Clauson said the right-of-way curves and follows the railroad. Clauson suggested the city consider implementing a neighborhood parking program as in this area there are a number of"stored" cars, which could alleviate a portion of the parking problem. Adeh said another issue is to look at the dimensional movements of cars and the location of garages. Councilman Semrau said the affordable housing mitigation can either be ADUs or cash- in-lieu, If this were to be ADUs on-site, parking spaces would have to be provided for all those. Councilman Semrau asked if the applicant would be willing to accept a condition that there be no on-site ADUs. Ms. Auger said they would accept that condition. Mayor Klanderud opened the public hearing. Vitashka Kirchen, Lone Pine, told Council she support this proposal and feels it is thoughtful and environmental, provides open space and trail connections. Ms. Kirchcn urged Council to approve this application. JeffLester, Hunter Creek homeowners association, asked if the internal cimulation stays the same and if a building envelope on . lot 3 has been established; if not is should be a condition of approval. Clauson showed the area where the Hunter Creek homeowners do not want to see building and the applicants would be happy to accept a building envelop on that lot. Jim Ward said he has been working on saving Hunter Creek for 20 years and it behooves Council to approve this park and access and open space parcel. People in the area will be able to walk to the open space. Colleen Burrows, adjacent property owner, presented a handout of the area and the cimulation. Ms. Burrows said it is too bad the open space is tied to the development project. Ms Burrows said the traffic and parking proposals will greatly affect their area. Ms. Burrows said she feels there should be a loop through the subdivision to connect to Lone Pine on the west. Ms. Burrows said no one has contacted the neighborhood about parking on Spruce street. A loop through the subdivision would allow the developer to make all his or her own parking on the site. Ms. Burrows noted in the traffic advisory committee meeting, all representatives stated their first choice was to go east/west through the subdivision. The developer and neighborhood did not like this idea as they felt it could turn into a speedway. Ms. Burrows requested Council to ask the developer to look at readjusting lot lines and rights-of-way to accommodate traffic and parking. Ms. Burrows presented a map showing the traffic flow and how it would affect the neighborhood. Ms. Burrows said the developer is getting additional rights and they should have to rework their plan. 10 Regular Meeting Aspen City Council February 28, 2005 LJ Erspamer, Spruce street, said he likes the project, does not want to see it denied, it should be tweaked. Erspamer speaking for Ward Hauenstein said Race street could be cut off. Erspamer agreed the neighborhood should be consulted before any parking or sidewalk plan is adopted. Jon Busch, Race alley and Spruce street, told Cotmcil he supports the project as presented by the applicant. Busch pointed out there will be 5 new residences that do not already exist along the alley. This will not create a huge amount of traffic in the neighborhood. Busch agreed parking and sidewalks on Spruce street is a neighborhood issue. Robert Zupancis, adjacent property owner, said the one-way solution works for him; two way and taking square footage would not work. Zupancis noted the ordinance states Race street and Race alley should not be used for contractor parking. Zupancis requested Walnut street be added to that prohibition. Zupancis said he favors the restriction against ADUs in the project. Zupancis said.he does not think the extra traffic will be a large impact. Zupancis said he loves the Hunter Creek parcel. Zupancis approves of the extra parking spaces within the subdivision. Ruth Krueger, P&Z member, told Cotmcil she supports the project. Dave Harris said this is a bad project; it is doubling the size of the neighborhood in one development. Toni Kronberg said a lot of hard work has gone into this project. It is too bad the open space is linked to development. Ms. Kronberg said Council should take time to come up with solutions for traffic and parking. Mayor Klanderud closed the public heating. Ms. Auger stated them is no density in the project in excess of existing zoning. Ms. Auger said the offer of parking at the ends of lots 1 and 2 was for public benefit. If the public does not want that parking, the developers will be glad to eliminate that. Ms. Auger told Council the original proposal was to close Race street; however, parking was the issue. Ms. Auger said an alternative is one lane of traffic with two lanes of parking and a trail. Ms. Auger said building a street east/west through the project is opposed by Hunter Creek condominiums and is a deal killer for the project. Bendon asked if the preservation of the Hunter Way parcel would sterilize it from further development and that no other development rights could be transferred off the parcel. Ms. Auger said they have not contemplated doing that. The idea is to give the land to the city and county with a conservation easement to AVLT. Bendon stated he would add a condition that if this parcel is used to generate TDRs in the county, city approval of a development right is null and void. The parcel should generate development in the city or the county, not both. Bendon noted the Hunter Valley way parcel does not currently have a trail easement through it and there should be language that the applicant grant a trail easement through the parcel. Ms. Auger said they am prepared to give the property to the city or the county and they would not need to give a trail easement. Bendon said a trail easement would be on top of that. Bendon asked who owns the land to the east of lot 1 where parking is proposed. Clauson said the ownership is cloudy; it is either Hunter Creek or a city right-of-way. 11 Regular Meeting Aspen Ci~, Council February 28, 2005 Clauson noted the maximum development on lot 2, even with historic TDRs would be 2 units each of 2242 square feet. Clauson said adding Walnut street as no contractor parking is fine. Clauson reiterated the proposed zoning is that allowed under R-6. The surrounding neighborhood of Smuggler mobile home park, and Hunter Creek are dense areas. This would be less dense than either of those areas. Mayor Klanderud noted Council has received much correspondence and information that they should be able to read and digest, and she suggested this ordinance be continued. Councilman Semrau moved to continue Ordinance #50, Series of 2004, to March 14; seconded by Councilman Torre. All in favor, motion carried. Councilman Semrau asked about putting an east/west street through and connecting with Lone Pine as suggested by Colleen Burrows. Ms. Auger said that is not consistent with being able to do the project and to keep the park. This would eliminate 2 or 3 lots and to build on Fox Meadow. Councilman Semrau said the main thing that is being offered is open space. It is up to Council to determine what that open space is worth. Councilman Semrau asked staff to work the county staff to give Council something in writing about how much these development rights are worth. Councilman Semrau said these are two separate issues; although they are tied together. One is the open space parcel worth X and the development plan worth Y. Councilman Semrau stated the development plan should work on its own. Councilman Semrau said he would like to see the following amendments to the ordinance; show the building envelope on lot 3; no ADUs in the development; 3 parking spaces at the park; 2 rows of parking in the existing city right-of- way on Race avenue; no parking on Walnut street during construction; and the commitment to extra 6 spaces of on-site parking. Councilman Semrau said it seems time to institute a neighborhood parking plan. Councilman Semrau said he would like to reserve head-in parking on lots 1 and 2 if that is what the neighborhood agrees to. Mayor Klanderud said she would like in the ordinance that the donation of the Hunter Valley way parcel will have a third party, like the Aspen Valley Land Trust. Mayor Klandemd said she would like this development to handle the impacts internally, both parking and traffic on the surrounding roads. Mayor Klanderud said she would like to hear some alternatives or a solid explanation as to why that is not possible. Mayor Klanderud said she would like the development rights outlined very clearly at the next meeting. Councilman Torte said he feels this project has a lot of merit. Councilman Torre stated his biggest concerns are the impacts on the immediate neighborhood. The character of Race alley will be greatly changed and Spruce street will have impacts. Councilman Torre said he would like to see more work on those issues. Bendon said staff could present some additional circulation options. Bendon told Council he cannot meet with the neighbors on a parking plan before the next meeting. Councilman Torre said he would like a better map showing current status of the streets in the neighborhood, especially outside the development area. 12 Regular Meeting Aspen City Council February 28, 2005 Mayor Klanderud said the Meadow park is to stay in the developer's ownership and how does the city guarantee this stays open to the public and that the trail is available to the public. Bendon said there will be an operation and maintenance agreement between the city and the developer, which will be part of the subdivision improvement agreement. Councilman Semrau said he has the same concerns and would like to hear from the parks department for the next meeting what their objections are, if it is an issue of money, how much. Councilman Semrau said he would be more interested in parks maintaining this area. Councilman Paulson left the Council meeting. ORDINANCE #4~ SERIES OF 2005 701 West Main Street Historic Lot Split Councilman Torre moved to continue Ordinance #4, Series of 2005, to March 28th; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE #8~ SERIES OF 2005 - Soldner/Burlingame Ranch Initial Zoning Chris Lee, community development department, told Council property annexed into the city needs to be given city zoning. Staff is recommending this be zoned conservation given the uses and location adjoining the larger conservation piece. Mayor Klanderud opened the public heating. Toni Kronberg asked the difference between conservation and open space zoning. Chris Bendon, community development department, said conservation is the least dense zone for development; open space is tantamount to an open space easement. John Worcester, city attorney, stated this parcel is joining the Burlingame ranch as part of the conservation easement given to AVLT. There will be no development no matter what it is zoned. Ms. Kronberg asked if roads could be built in open space. Bendon said open space is for trails, park benches, minimal impact. Ms. Kronberg told Council she made the argument before P&Z that this should be open space, not conservation. Ms. Kronberg said Deer Hill is zoned conservation but is also designated as Burlingame ranch open space. Deer Hill is one of the most important ecological areas and should be zoned open space. Worcester noted Council has approved construction of Harmony road. The remainder of parcel 1 will be conserved in perpetuity because of the conservation easement to AVLT. Nothing will ever be developed except this road. Mayor Klanderud closed the public heating. Councilman Semrau moved to adopt Ordinance #8, Series of 2005, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ' 13 Regular Meeting Aspen City Council February 28~ 2005 ORDINANCE #9~ SERIES OF 2005 - Code Amendment Lodge Zone District Chris Bendon, community development department, said he would like Council's input on several issues in this code amendment and that this be continued until the next Council meeting. Bendon told Council he has met with lodge owners and would like a chance to address their issues. Bendon said staffis working on a lodge inventory to assist in this. Bendon said these amendments have come from work sessions over the past year and code amendments coming out of the infill discussions. Staff suggests using the commercial core height allowance of 42 feet, and for areas setback at least 15 feet from the street, 46 feet. Another option is to allow height as in C-1 zone, 42 feet for flat roofs and 38 feet for sloped roofs. These heights would only be for lodges that meet a density and moderate room size standard. Bendon said these would be projects that have at least 1 room per 500 square feet of lot area and a moderate room size of 500 square feet. Lodge that do not meet those requirements would operate under the existing code of 28 feet and 1:1 FAR. Bendon noted there are quite a few multi-family residential units in the lodge zone that function as short term lodging. This has always been allowed in the lodge district. Bendon said staff is not recommending changing that use pattern but there are some minor amendments suggested to make this clearer. Bendon said some projects approved over the last several years function more as second homes than as short-term units. Bendon said 30 day maximum length of stay would get at that; state defines short term as a period of 30 days. Bendon said a 90 day limit could apply to owners. Once a trait is condominiumized, the city is prevented from adding regulations. A resort community needs to have its bed base active and supporting the economy. Bendon said the inclusion of kitchens is what traditionally defines the difference between lodges and condominium residences. Bendon noted kitchens are allowed in the LP/lodge preservation district and in timeshare units. Bendon said lodge owners/operators have told staff kitchens in lodge units are important to the market and to attracting guests. Bendon suggested Council look at the character of the kitchen, a small usable for people on vacation versus a second home quality type kitchen. Bendon said kitchens could be allowed on a case by case basis and allow P&Z to make that decision. Bendon said an unresolved issue is the percentage of the project that can be residential development, what is the appropriate percentage of a project that meets the density and moderate room size. Bendon pointed out this is the economic engine for the rest of the lodge, this space can be wholly owned residential units, timeshare units or large lodge units. Mayor Klanderud opened the public heating. Fonda Paterson said the lodge owners see positives in these amendments; however, there are concerns, which can be better addressed at a work session. Ms. Paterson said they are concerned about the 30/90 day rental restrictions, which will make financing difficult and will be difficult to enforce. Ms. Paterson said lodge owners understand the city's 14 Regular Meeting Aspen City Council February 28~ 2005 concerns but the no rental cap has worked well so far in Aspen. Ms. Paterson said the percentage of free market sales is also of concern and does not work according to the pro formas that have been done. Ms. Paterson told Council she is not in favor of a room size cap, which does not allow lodge owners to respond to the market. Ms. Paterson said lock off rooms is another tool to give guests what they need. Steve Siefert told Council he was on the infill committee in 2000 and he would like to see this move. Siefert said it is too bad small issues are slowing down this code adoption. Steve Semanski said good projects rise up and stand on their own merits. Semanski said he sees more good than bad. Applicants with variations can have those reviewed. Yasmine dePagter said she favors another work session to hash out the few points of disagreement. Greg Hills said he would like to share his successes and his failures in rebuilding lodges. Hills told Council the smaller units at the Christiana rent; owners of the larger units do not want to rent their units. Hills said these code amendments are going in the right direction and agreed with more discussion in an informal session. Dale Paas stated each development has individual merit and problems. Paas supports the city's attempts to stimulate development and renew vigor. Paas said if his project builds densely, they will still need more than 20% rooms to sell in order to finance the project. Ruth Krueger, P&Z, agreed project cannot work financially with only 20% free market sales. Robin Shiller said regarding kitchens, the way the ordinance is written it seems as ifany kitchen in lodges will require special review. Shiller said the definition ofkitchen should be more specific to eliminate special reviews for small kitchens. Scott Writer said this is about vibrancy that has disappeared in this community. Writer said the key to success is to allow as much flexibility and to provide as many options to lodge owners as possible. Mayor Klanderud closed the public heating. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:15 p.m.; seconded by Mayor Klanderud. All in favor, with the exception of Councilman Semrau. Motion carried. Mayor Klanderud said she is concerned about not allowing lock offrooms. Mayor Klanderud said the code amendment should provide for these. Mayor Klanderud noted kitchens are a special review in the CL zone district and the only lodges in that district are Aspen Square and North of Nell, both of which have kitchens. Mayor Klandernd said she would like to see a middle ground regarding kitchens in lodges. Mayor Klanderud pointed out there are visitors who come and stay for a whole season, not as residents but as guests. Councilwoman Richards said staff should keep the overriding objective in mind, that these not become residential units. Councilwoman Richards said a longer time allowed in a unit is fine as long as the unit is not taken offthe market. Councilwoman Richards said she likes the carrot of additional density for additional lodges rooms. Councilwoman Richards said she will not approve extra height without the extra lodge units. 15 Regular Meeting Aspen City Council February 28~ 2005 Councilwoman Richards said she would like staff look at the issue of no longer collecting sales tax on a rental longer than 30 days. This is about the vitality of the community as well as the ability of the city to fund services and special events. Councilwoman Richards said staff recommends full credit be given for any existing structures or development rights and that there only be mitigation beyond that. Staff is recommending the affordable housing mitigation be cut in half if an applicant does more density. Councilwoman Richards said she would like clarification on that issue. Bendon noted this is in the growth management code amendments. Credit already exists for lodge projects. Councilwoman Richards said she is concerned about redevelopment of large lodges with no or only half mitigation for. employees. Councilwoman Richards said she is amenable to off site units rather than using key space at the base of the mountain for affordable housing. Councilman Semrau moved to continue Ordinance #9, Series of 2005, to March 14; seconded by Councilman Torre. All in favor, motion carried. Councilman Semrau moved to continue Ordinances #5 and//7, Series of 2005, to March 28; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Tone. Motion carded.. Council agreed to discuss the two request for funds, Aspen Choral Society and Northern Ute Tribe, to the work session March 1st. RESOLUTION #6~ SERIES OF 2005 Appeal of Code Interpretation - Conditional Use for Parking Lot John Worcester, city attorney, told Council this is an appeal from the interpretation of the text of the code given by community development staff. Womester reminded Council the standard of review of this appeal is that a decision or determination shall not be reversed or modified unless there is a finding of denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. Womester said because this is an appeal from interpretation of the text, the only issue before Council is whether the community development department interpreted the code correctly so that it is an abuse of discretion or exceeded jurisdiction. Herb Klein, representing the applicant, agreed. Herb Klein presented pictures of the parking lot in the block of 700 east Hyman. Klein said due to the staff interpretation, the city has completely unregulated commercial parking lots that can be developed by anyone who has an office building that has required off street parking. The land use code has a provision that addresses the situation, 26.710.180(C)(5). Klein stated the only place in the code that has any language regarding commercial parking lots is in this section and it says they are conditional uses in the office zone and defines that use as a commercial parking lot or parking structure that is independent of required off street parking. Klein interprets that to mean you cannot use required off street parking as a commercial parking lot. Klein stated staff interprets this in light of the practical issue of enforcement. Klein said his client's claim was rebuffed because staff felt it would be too difficult to enforce this everywhere else. 16 Regular Meeting Aspen City Council February 28~ 2005 Staff's interpretation is that only parking spaces in excess of required off street parking are regulated if someone wants to turn those into a commercial parking lot. Klein stated that interpretation renders Section 26.710.180(C)(5) meaningless. Klein said it is these required spaces that are being turned into a commercial parking lot. Klein stated it is his position the owner of this property cannot use the required spaces as a commercial parking facility; they may be rented to tenants of the office building but they cannot be made available to the general public. Klein noted if all these spaces were rented to the general public, the office building would have no parking. Klein said this would bring into question the legality of the city's required off-street parking. Staff responds that off street parking for an office building is necessary to mitigate uses of the building as well as general parking demand in town. Klein said that is not the way the code was written in creating off street parking; there is no nexus between of site impacts and the construction of an office building with regard to general parking. If you cannot tie a requirement to the impacts of the building, you cannot support the requirement to provide any off street parking. Klein said when Council is approving an office building with required off street parking, they are approving two uses including a commercial, unregulated parking lot. Klein pointed out the conditional use section of the code has criteria for review and approval. Klein said the developer of this parking lot came to the city for conditional use review and had a hearing in front of P&Z. There was a discussion at P&Z about what this code section really means. The applicant subsequently told P&Z that staff said this did not need to go through conditional use review and the application was withdrawn. James Lindt, community development department, told Council staff reads the code amendment to mean that the parking spaces are independent or in excess of the required off street parking, required conditional use approval to lease out to the public. Lindt noted section 26.515.020(e) speaks to requirements of use of required off street parking spaces and does not list any prohibitions against leasing out off strcet parking spaces to the general public. It also does not prohibit condominiumization and sale of those off street parking spaces. Lindt told Council a reversal of staff's interpretation will make many leases throughout the commercial core invalid. Staff recommends Council affirm their interpretation. Lindt said Council can direct staffto amend the code to disallow leasing of these parking spaces. Klein said 26.710.180(c)(5) specifically discusses commercial parking lots as a conditional use in the office zone, which is a zoning issue, not a general issue. Klein noted there is no definition in the code for a commercial parking lot. Klein said leasing parking to one's tenants is customary; it is the public use that is of concern. Peter Fomell, parking lot owner, said there has been parking in excess 0fthe required off street parking, not for tenant use, on the property in question for years. Fornell noted there is accessory use parking at Benedict Commons leased by the city to other than tenants. Councilwoman Richards said that was not required parking. Fornell told Council he applied for a conditional use permit because he thought leased parking spaces would be a needed commodity in the community. Fomell said the Hanna Dustin building is remodeled and 100% occupied and the parking in the lot will be totally used by the 17 Regular Meeting Aspen City Council February, 28~ 2005 tenants. Fornell said these spaces will not be leased to non-tenants. Fomell said leasing of extra parking spaces is a greater use to the greater good of the community. Worcester told Council the conditional use section of the code sets forth the uses that require special review. The section referred to reads "commemial parking lot or parking structure that is independent of off street parking", that is the use that requires a conditional use approval. Worcester said Klein is interpreting that as a restriction on the use of required offstreet parking and staff says it is not; it is a particular use for which one needs a conditional use permit from P&Z. The code is silent on any other restrictions of the use, rental, or sale of required off street parking. Councilman Semrau asked if there are excess in this particular parking lot over what is required. Lindt said the requirement is for 16 off street parking spaces. Councilman Semrau said this parking lot has 16 spaces and since there is not an excess, this would not require a conditional use. Lindt told Council there is enough room to hold 19 spaces; however, Fomell is not renting out the extra spaces. Councilwoman Richards said she does not agree that the term "independent" means in excess of but rather means separate and apart. Councilwoman Richards said she is having a difficult time supporting staff's interpretation. Councilwoman Richards suggested clarifying the land use code. Councilwoman Richards said many hours are spent in land use applications figuring out how much parking is needed and it does not seem to make sense that this parking could be sold off. Councilman Semrau said staffis interpreting a flawed code and it does not make sense to require parking spaces not attached to the use or the tenants; however there is no way to uphold the appeal with the way the code is written. Councilman Semrau agreed the code should be amended to make this clear. Councilwoman Richards said she is not comfortable rejecting this appeal and grand fathering in 20 years worth of wrong use of parking lots. Mayor Klanderud said she can find nothing in the code to indicate that the planning staff should have made an interpretation other than they did. Councilwoman Richards said to her the word "independent" means separate, unrelated, not connected. Councilman Semrau moved to approve Resolution #6, Series of 2005, affirming staff's interpretation; seconded by Councilman Torre. All in favor, with the exception of Councilwoman Richards. Motion carded. RESOLUTIONS #7 AND #8~ SERIES OF 2005 - Initiated Ordinances added to Ballot City Clerk Kathryn Koch told Council these resolutions indicate that Council has rejected both initiated ordinances and placed them on the May ballot. Resolution #7 deals with initiated ordinance #1 which summary is that the City shall not enter into or perform a pre-annexation or annexation agreement or adopt an annexation ordinance that waives any land use requirements or assures the development outcome for the land proposed for annexation, or which waives or assumes the costs of the landowner for development impact mitigation or for annexation or land use reviews, or which waives the rights of its 18 Regular Meeting Aspen City Council Februarv 28~ 2005 citizen to seek enforcement of land use violations, or which provides the City shall defend any such enforcement actions. Resolution #8 refers to initiated ordinance #2 which summary is that the City shall not spend funds for roads, utilities or other construction improvements for a major affordable housing project, nor grant annexations or final land use approvals for such a project, until designs are finalized and the projected onsite and offsite costs have been calculated and disclosed to and approved by the electors, and providing that affordable housing projects with 10 units or less and a direct public funds subsidy of $100,000 per unit or less are exempt from such limitations. Councilman Semrau moved to adopt Resolution #7, Series of 2005; seconded by Councilwoman Richards. Councilwoman Richards asked about the possibility of a protest. John Womester, city attorney, told Council they are receiving a report from the city clerk about the sufficiency of the initiative petitions and acting upon that. Worcester said the period in which to file a protest goes until March 16 but Council has to act upon the report of the city clerk. All in favor, motion carried. Councilman Semrau moved to adopt Resolution #8, Series of 2005; seconded by Councilman Tone. All in favor, motion carried. Councilman Semrau moved to adjourn at 11 p.m.; seconded by Councilman Torre. All in favor, motion carried. · Koch, City Clerk 19