Loading...
HomeMy WebLinkAboutminutes.council.20050328Regular Meeting Aspen City Council March 28, 2005 PROCLAMATION - Aspen History Week ....................................................................... 2 INTRODUCTION OF NEW POSTMASTER ................................................................... 2 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS ....................................................................................... 3 CONSENT CALENDAR ................................................................................................... 3 · Resolution #20, 2005 - Brush Creek Park 'n' Ride Lot Lease ..~, .........................4 · Resolution #21, 2005 - Cost Reimbursement Agreement with Kinder Morgan for Conduit installation ......................................................................................................... 4 · Minutes - March 14, 2005 ...................................................................................... 4 APPOINTMENT OF PROTEST HEARING OFFICER ........................................................... 4 HOUSING BOARD JOINT APPOINTMENT .................................................................. 4 FIRST READING OF ORDINANCES .............................................................................. 4 · Ordinance #20, 2005 - Code Amendment - Residential Design Standards ........... 4 · Ordinance #21, 2005 - Code Amendment - Growth Management ........................ 4 · Ordinance #22, 2005 - Code Amendment - SCI Zone District ............................. 4 ORDINANCE NO. 21 ......................................................................................................... 5 ORDINANCE NO. 22 ......................................................................................................... 5 ORDiNANCE//4, SERIES OF 2005 - 701 West Main Historic Lot Split ........................ 5 ORDINANCE #5, SERIES OF 2005 - Code Amendment Commercial Design Pedestrian Amenities ............................................................................................................................ 7 ORDINANCE #7 SERIES OF 2005 - Code Amendment Mixed Use Zone District ........ 9 ORDINANCE #10, SERIES OF 2005 -Code Amendment Signs .................................. 10 ORDINANCE #11, SERIES OF 2005 - Code Amendment Parking ............................... 12 Regular Meeting Aspen City Council March 28, 2005 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Semrau, Paulson and Richards present. Mayor Klanderud noted Tim Whitsitt will be advising Council in John Worcester's absence. PROCLAMATION - Aspen History Week Mayor Klanderud and Council proclaimed March 28 to April 2 to be Aspen History Week and invited everyone to attend the historic events this week and throughout the year. Georgia Hanson, director of the Historical Society, announced free vintage ski movies at the Wheeler, free tours of the Stallard House museum, 1947 prices at the Red Onion on Friday. INTRODUCTION OF NEW POSTMASTER Mayor Klanderud introduced Patricia Kollberg, the new postmaster. Ms. Kollberg said she is anxious to get involved with the community, has ushered at the Wheeler and is looking forward to other opportunities to be involved. CITIZEN PARTICIPATION 1. Toni Kronberg requested (a) Appointment of Protest Heating Officer be taken off the consent calendar. Ms. Kronberg said she understood when a referendum petition was submitted, all activity associated with the referred project was suspended. Ms. Kronberg said she thought the construction work on Deer Hill would be suspended and work on the road through Deer Hill has started up again. Ms. Kronberg noted Council took an oath of office to uphold all laws, ordinances, charters and constitution. Councilmembers are not permitted to prejudge matters, to take a public position until all evidence is permitted, or to communicate outside public meetings. Council is required to remain impartial and take positions only after full meetings. Ms. Kronberg said there are certain Councilmembers who have been writing letter to the newspaper and it is clear they have predetermined the outcome of the Burlingame affordable housing project. The first public hearing on the land use for this affordable housing is not until April 25th. Ms. Kronberg stated it is apparent Council has already made a decision. Ms. Kronberg said she will be filing a citizen complaint on this issue. Ed Sadler, asset manager, told Council the work going on is on a portion of the road that is already in the city and is not part of the subject referendum. Sadler stated there will not be work on the utility because that is on property subject to the petition. Ms. Kronberg noted the only reason the road is going in is because it is part of the affordable housing project. Ms. Kronberg stated when a referendum petition is submitted; anything associated with the project is suspended until the outcome. Tim Whitsitt, counsel to Council, said an official complaint will start the inquiry. There is a not a record at this point in the meeting to make a decision on prejudgment of an issue. That is more appropriately reserved to the city attorney's office to give Council advice. 2 Regular Meeting Aspen City Council March 28, 2005 Chris Bendon, community development department, said the second reading and public hearing of the land use approvals for Burlingame will start April 25th. Councilwoman Richards stated she asked the city attorney to give Council a memorandum regarding Council's roles on issues like Burlingame. Councilwoman Richards said the memorandum stated it is clear, especially candidates running for office, may express how they feel on community issues. Councilwoman Richards quoted fi.om Worcester's memo, "both the petitions for annexation and the proposed land use approvals are integral part of the Burlingame Ranch process. I recognize it will be virtually impossible for members of Council to discuss the pros and cons of the annexation without touching upon some specifics of the proposed land use application. However, if you simply want the public to know your general feelings about the project, you can do so in the context of the annexation". Councilwoman Richards noted as elected officials, the community expects to know where they stand on issues. Ms. Kronberg said some information being disseminated is not accurate; there is confusion among voters. Ms. Kronberg stated she will file her official inquiry and has forwarded these on to higher sources than the city attorney to get an interpretation of the state statute and state constitution. Steve Barwick, city manager, told Council there was a fire at a city-owned property, the Aspen Country inn, early this morning. There was fire and smoke damage to two of the principle buildings. The residents have been allowed to return to their units. The city is helping work with the insurance companies and the contractors. The fire sprinklers and alarms are back in working order. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said the residents of the Aspen Country Inn were in good spirits after a very frightening incident. The residents were complimentary of the fire department, RFTA, law enforcement and the city staff. 2. Councilman Torre reminded everyone to register to vote by April 4; absentee voting starts April 18th. 3. Councilwoman Richards reported she will be attending the Club 20 meeting Friday and has asked the city manager to comment on issues on the agenda. CONSENTCALENDAR Mayor Klanderud said (a) Appointment of Protest Heating Officer and (d) Appointment of Joint Housing Board member have been removed. Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: Regular Meeting Aspen City_ Council March 28, 2005 · Resolution #20, 2005 - Brush Creek Park 'n' Ride Lot Lease · Resolution #21, 2005 - Cost Reimbursement Agreement with Kinder Morgan for Conduit installation · Minutes- March 14, 2005 All in favor, motion carried. APPOINTMENT OF PROTEST HEARING OFFICER Councilwoman Richards moved to approve Karen Goldman as the heating officer for the protest hearing on the initiative petitions; seconded by Councilman Torte. All in favor, motion carried. Kathryn Koch, city clerk, explained the protest heatings will be held this Saturday, April 2na at 9 a.m. in the City Council Chambers. Ms. Goldman will conduct the hearing, will hear presentations from the petitioners and from the attorney for the protestor. Ms. Goldman has 5 days in which to make a determination. HOUSING BOARD JOINT APPOINTMENT Councilman Semrau left the room due to a conflict of interest. Councilwoman Richards moved to appoint Ron Erickson as the joint appointment to the Housing Board; seconded by Councilman Tome. All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #20, 2005 - Code Amendment - Residential Design Standards · Ordinance #21, 2005 - Code Amendment - Growth Management · Ordinance #22, 2005 - Code Amendment - SCI Zone District Councilman Torte moved to read Ordinances #20, 21, and 22, Series of 2005; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE NO. 20 (SERIES OF 2005) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF ASPEN, PITK1N COUNTY, COLORADO. 4 Regular Meeting Aspen CiW Council March 28, 2005 ORDINANCE NO. 21 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO CHAPTER 26.470 - GROWTH MANAGEMENT QUOTA SYSTEM OF THE CITY OF ASPEN MUNICIPAL CODE. ORDINANCE NO. 22 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.160 - SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE DISTRICT - OF THE CITY OF ASPEN MUNICIPAL CODE. Councilman Semrau moved to adopt Ordinances #20, 21, and 22, Series of 2005, on first reading; seconded by Councilman Torre. Councilwoman Richards said for second reading on the growth management changes, there are changes to the affordable housing mitigation and she would like a picture of where that might lead in terms of community goals and potential shortfalls. Roll call vote; Councilmembers Paulson, no; Richards, yes; Semrau, yes; Ton'e, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #4, SERIES OF 2005 - 701 West Main Historic Lot Split Amy Guthrie, community development department, told Council the initial application for this parcel was for a residential development. This lot is smaller than 6,000 square feet due to an adverse possession and as a result, residential development would only allow a singie-family house. This would result in a 700 square foot historic house with a 2000 square foot addition. This is not something the HPC is wild about. Staff and the applicant discussed the lot split, not to increase the allowed floor area but to break up the massing. This went to HPC and received a recommendation. In the interim, the property was sold and the new owner wanted to readjust the size of the two lots and to develop the comer lot as a mixed used building. The comer lot will have the historic building free standing and restored. HPC has granted conceptual approval for a detached 1200 square foot alley structure, which will complete the comer lot. In the future, there will be a new house of about 2,000 square feet, on the new lot to the west of the comer lot. Ms. Guthrie told Council what this approval will do is break up the mass and give the owner incentive to restore this modest 1935 cabin. Ms. Guthrie noted HPC has recommended approval; this is in the appropriate district. Because the property is non-conforming in size, HPC has granted a hardship because there are so few redevelopment options that would lend to a successful historic preservation. HPC felt this was an appropriate hardship. 5 Regular Meeting Aspen City_ Council March 28, 2005 Councilwoman Richards asked what structures will be on the comer lot. Ms. Guthrie said the comer lot is 2565 square feet and will be developed as mixed use. There is the 700 square foot historic cottage on the front and a new residence behind it; this is allowed as a mixed use. Councilwoman Richards asked about the parking for the lots. Ms. Guthrie said that will be reviewed as a conditional use for the arts studio. Councilwoman Richards asked if there are trees that will be impacted. Ms. Guthrie said the previous owner talked about removing the large spruce tree, which is damaged. Parks depm'tment and HPC have both taken the position they do not want to see this tree removed. Councilwoman Richards asked about the new lot created to the west. Ms. Guthrie pointed out the house to the west is historically designated and HPC will review the new house in context of the two historic structures. There will be a single-family house on the new lot for a total of 3 structures on this lot, all within the floor area that would have been allowed for mixed use. Councilwoman Richards asked the total FAR on the site between all 3 buildings. Ms. Guthrie said just over 4300 square feet; .75:1 on the comer and the interior lot is zoned R-6 for dimensional limitations. Ms. Guthrie said 4300 square feet is what is allowed for mixed use. A purely residential project would be a 3200 square foot house. Ms. Guthrie said on the fathering parcel, one could do single family residential or mixed use and take the lot size of 5700 square feet times .75, which equals 4300 square feet of building. Councilman Semrau said the FAR remains the same for a mixed-use project; however, instead of 2 buildings, there will be 3 buildings, smaller buildings with the historic structure toward the front. Mayor Klanderud opened the public hearing. Mayor Klanderud entered into the record a letter from Mary Lackner and Rob Weien. Mary Lackner requested Council table this application until their next meeting. Ms. Lackner said this is a complex application and they have been involved with the process. It has been through two owners and several architects and different design options. Ms. Lackner said the final approval was last week and they have not had time to respond. Ms. Lackner said the issues are the hardship and creating an extra parcel, the mixed use versus residential use, a lot split in the office zone district. Ms. Lackner said preserving the spruce tree is important to them. Ms. Lackner said they are concerned about the applicant providing adequate parking for a residential as well as commercial use. Several variances have been approved by HPC, setback and the small lot size. Mayor Klanderud asked if the adjacent property owners were party to the adverse possession. Rob Weien said the location of the lot line has to do with the additional 5 feet of Sixth street and splitting the difference with the adjacent property owner. Councilwoman Richards said she has been concerned with the city's lot split program and what will the new building and new lot look like; will it respect and enhance the relocated cabin or overshadow it. Mayor Klanderud closed the public hearing. 6 Regular Meeting Aspen City_ Council March 28, 2005 Mayor Klanderud asked if the spruce tree will be preserved through a deed restriction. Mayor Klanderud said she is concerned about the parking and would like to see the solution before this is approved. Mayor Klanderud noted this is a historic district and anything built on the vacant lot will have to have HPC review. Councilwoman Richards said there is no conditional use application for the historic building. Councilwoman Richards said she would like more details before approving this. Councilman Torte moved to continue Ordinance #4, Series of 2005, to April 1 lth; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #5, SERIES OF 2005 - Code Amendment Commercial Design Pedestrian Amenities Chris Bendon, community development department, stated this will be a new section of the code, which came out ofinfill and growth management discussion. Bendon noted part of growth management scoring is subjective review of projects. Bendon recommended taking commercial design/pedestrian amenities out of growth management for projects that have a commercial component. This review will be done by P&Z and there are suggested review standards. There are public hearing requirements. Bendon recommended this review be held by P&Z not Council. If the project is subject to HPC review, it should be combined into one review. Bendon pointed out the code amendment contains an automatic notice to Council whenever a project is approved through this, Council will get a notice and they have 30 days to call up that application. The review standards cover how buildings treat the pedestrian environment, how parking is treated, how site and open space is treated. There are suggested standards for signage and lighting. The second amendment deals with the open space requirement. Bendon reminded Council for the last 25 years, every building in the commercial core has been required to leave 25% of the parcel unbuilt. Bendon noted some good spaces, like Zele and Paradise Bakery, have come out of this as well some inaccessible poor spaces. Bendon said this code amendment has a pedestrian amenity requirement, which relates to the 25% and P&Z chooses whether that 25% should be met on site or through off-site improvements or through cash-in-lieu. This is the city's choice, not the applicants. The choice of pedestrian amenity will happen through the commercial design review. Bendon told Council replacement for projects that currently have little or no open space on site will be whatever they have now. Bendon said the final part of this amendment deals with utility/trash/recycling service area. Bendon noted "recycle" is being added to the requirement and the area required is being expanded to 20 linear feet for larger properties and 15 feet for smaller properties. Councilman Semrau asked what the appeal process is. Bendon said if an applicant feels aggrieved at P&Z, they have a right to appeal to Council. Mayor Klanderud opened the public hearing. 7 Regular Meeting Aspen City Council March 28, 2005 Toni Kronberg said she feds it would be difficult for developers to come in with an application not knowing what would be accepted and that this is P&Z's discretion. Ms. Kronberg said the proposed building at Galena and Main is going to be built from comer to comer with no pedestrian streetscape. Ms. Kronberg said her concern is how the public can rely on this when developers can buy their open space somewhere else. Bendon said the genesis of this requirement is to make a high quality downtown and some developments with amenities on-site contribute to the vitality. There are instances where developing open space on site results in unusable spaces that do not contribute to the ambience of downtown. Bendon said this choice is made at P&Z and that review should be done before a project is designed to determine whether pedestrian amenities will work on site. Ms. Kronherg asked what criteria will be used to show what spaces are important to the community. Bendon pointed out there is a statement of purpose and 6 review criteria in the ordinance. Ms. Kronherg asked how these amendments to the land use code have been noticed, was there a mailing. Bendon said a general code amendment is notification in the paper only. The noticing procedure for projects under this code amendment will require posting, mailing, and publication. Ruth Kruger encouraged Council to pass this code amendment as it has been in the works for a long time. Ms. Kruger said P&Z turned this code amendment over to Council about 2 years ago and it is time to adopt it. Ms. Kruger said this ordinance is written to get quality open space for the community. Mayor Klanderud pointed out the ordinance contains all the meetings on infill and open space amenities. Mayor Klanderud said this was part of the infill ordinance, which was broken into smaller pieces. Mayor Klandemd closed the public hearing. Councilwoman Richards moved to adopt Ordinance #5, Series of 2005, on second reading; seconded by Councilman Semrau. Mayor Klanderud asked about the definition of split-level retail frontage. Bendon said the definition of split-level deals with the interface with the sidewalk. P&Z would have to look at the design to make sure it works with the criteria in this code amendment. Mayor Klanderud noted moats surrounding buildings are prohibited but the ordinance also says split-level retail frontage is prohibited. Mayor Klanderud said she would like to be cautious that these code amendments do not interfere with architectural creativity and interesting buildings. Bendon suggested "prohibited" could be changed to "discouraged". Also P&Z uses these review standards as standards and can vary them if it results in a better project. Councilman Semrau said when Council adopted the code amendment prohibiting offices on the ground floor, it was all right to have them on a split-level. Councilman Semrau said he is opposed to moats separating buildings fi-om the streetscape. Councilwoman Richards said she supports this code amendment. There is a history of downtown enhancement, including the demonstration project on Mill street. 8 Regular Meeting Aspen City_ Council March 28, 2005 Councilwoman Richards said she likes that there is a call up and appeal provision to Council so the ultimate decision would rest with Council. Councilwoman Richards said the ability to be flexibile will help greater use of downtown areas. Councilman Semrau stated there is nothing by right in the ordinance; it is all discretionmy and all has to be approved on a case by case basis. Councilman Torte said he is delighted that "recycle" is being included and hopes this will lead to better downtown recycling. Councilman Paulson said he feels this will lead to loss of open space. When a developer is offered cash-in-lieu they will take that option rather than given open space to the community. Mayor Klandemd said she feels this ordinance is designed to encourage good open spaces. Councilman Semrau reiterated cash-in-lieu is not by right. Roll call vote; Councilmembers Torre, yes; Richards, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #7 SERIES OF 2005 - Code Amendment Mixed Use Zone District Chris Bendon, community development department, said this is a new title to the previous office zone district. The office zone district is the broadest district with uses fi.om single family to retail in landmarked buildings. This zone is Main street historic district and area bracketing the downtown on the east and the west. Bendon noted these area are typically locally serving commercial. This code amendment discourages new single family and duplex. This replaces the same FAR in commercial of.75:1, which can be increased to 1:1 through additional review. There is additional FAR for residential development. Bendon said there is a difference between Main street and the bracketed areas so the FAR has been bifurcated between the areas. There is an increase height allowed for mixed use and commercial projects to 32', which is also used in the R/MF zone. Councilman Semrau asked whether the FAR for flee market multi-family housing at .75:1 includes the affordable housing mitigation t. Bendon said it does. Semrau said the affordable multi-family housing states there is no limitation. Bendon stated that is subject to the overall cap. On Main street, the overall cap is 1.25:1, which can be filled up with mixed uses. It could be totally filled up with affordable housing. If one is filling it up with commercial, there is a secondary cap of.75:1. Councilwoman Richards suggested making "no limit" more clear and referencing the overall limit. The existing single family residence~ will remain conforming. Mayor Klanderud opened the public heating. Bert Myrin agreed a limit be added to the FAR where it states "no limit", to reference what the limit is. Ruth Kruger encouraged Council to adopt this amendment. Mayor Klanderud closed the public hearing. 9 Regular Meeting Aspen City_ Council March 28, 2005 Councilman Semrau moved to adopt Ordinance #7, Series of 2005, amended to include FAR caps; seconded by Councilman Torte. Roll call vote; Councilmembers Richards, yes; Paulson, no; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #10, SERIES OF 2005 - Code Amendment Signs Sarah Oates, community development department, told Council this amendment is cleans up the code as well as incorporating suggestions from downtown merchants, the downtown catalyst, the special event supergroup and staff. Ms. Oates noted this amendment recognizes Highlands has its own sign code; the policies regarding signs on public property have been incorporated, the political signs have been modified to eliminate size and duration, lettering on awnings has been incorporated into the aggregate area. Ms. Oates said there are some issues that have not been resolved. Ms. Oates noted the first one is the special events super group recommended unlimited sponsor signs be allowed at a special event. Staff supported that recognizing the importance of sponsorship money. P&Z recommended no more than 2 signs/sponsor interior to the event. The special event group recommended the special event committee be allowed to approve no more than 1 inflatable/event. Staff and P&Z feels inflatables are not appropriate for every event. If the committee is allowed to approve these inflatables, the criteria might be the inflatable is in a suitable location and there is a demonstrable community benefit. Another suggestion is if Council approves the inflatable once, the committee could approve it thereafter. Ms. Oates reminded Council when this policy was written several years ago, Council's direction was to only allow banners on the Main Street light poles for significant armiversaries of non-profits. The special event super group suggested lowering the allowed anniversary dates to 10, 15, 20, 25, etc. This change would not catch things like Mountain Travel Symposium or the X-games. Suggestions could be city-sponsored events would be allowed, or just so many times a year on a first come, first serve basis. The policy currently states "and for significant local, national and international events". Ms. Oates said this is totally subjective and difficult for staff to make findings on what are significant events. Ms. Oates pointed out the downtown catalyst recommended eliminating sales sign regulations. The current code allows sale signs for 2 weeks then they have to be taken down for 3 months before a business can up "sale" signs up again. P&Z suggested changing it to have "sale" signs up for 2 weeks and then down for 2 months. Comments about the sandwich boards, the downtown catalyst has gotten positive comments. Staff feels they will have to be proactive on quality control as well as placement. Ms. Oates said staffwill include photographs of better examples of sandwich boards. Ms. Oates said for vacant store fronts, there was a suggestion asking landlords to put displays in vacant storefronts. Ms. Oates said staff is concerned about quality and enforcement so that is no! incorporated in these code changes. Lisa Baker, downtown catalyst, agreed there should be specific standards for the sandwich boards. 10 Regular Meeting Aspen CiW Council March 28, 2005 Mayor Klanderud opened the public hearing. Toni Kronberg asked if the section on political signs has been changed to eliminate size of signs on private property. Ms. Kronberg said it appears as though one can put up balloons or banners on public property about the AACP. Mayor Klanderud closed the public hearing. Mayor Klanderud noted the city has, in the past, allowed spotlights. Ms. Oates said that can be eliminated fi.om the sign code. Spotlights are not allowed under the lighting code; however, the community development director, can grant exemptions based on certain criteria. Mayor Klanderud agreed there are appropriate times to have searchlights and agreed to leave it under community development director's discretion. Ms. Oates said she will reference the lighting code about searchlights. Mayor Klanderud asked whether strip lighting eliminates holiday lights. Councilwoman Richards suggested "holiday lighting" is referenced here, too. Councilwoman Richards asked if there is a limit on window boxes for real estate companies. Ms. Oates said this is limited to one 4 foot square box per business. Councilman Semrau agreed about sandwich board enforcement. Steve Barwick, city manager, said there will be a committee, Sarah Oates and Lisa Baker, with a set of approved standards for sandwich boards. There will be a catalog of pre-approved signs, which a business can choose. If they want to design their own sandwich board, this will have to be approved by the committee. Councilman Semrau said he would like to not allow real estate offices to have sandwich boards. Councilman Semrau said he does not favor the requirement for fill up vacant store front windows. The city will have to define "window display" and tell landlords what to put in their windows. Mayor Klanderud said she would like to work with landlords and encourage them to make their vacant storefronts more attractive. Vacant store front signs are eliminated Councilman Semrau said he does not have any problem lowering the anniversary dates for banners to 10 years, etc. Councilwoman Richards said she supports these recommendations. Councilman Semrau suggested a sunset on the sandwich board provision with a one year review. Council agreed with two signs/sponsor at special events. Five signs total will be allowed outside the venue; the currently regulation is 2 signs outside and 1/sponsor inside. Council agreed on the inflatables that one per event and approval by the special event committee. Council agreed the sale signs should be changes to up for 2 weeks and down for 2 months. Mayor Klanderud entered into the record a letter fi.om Everett Pierce cautioning the Council not to allow too many signs. Mayor Klanderud said she would like the city to be more flexible and to create interest but not to be overrun by signs. Councilwoman Richards asked if staff should have the power to take a sandwich board away if a business has consistently violated placement of the sign. Ms. Oates said there is a process, which includes a red tag and citation into court, which is a lengthy process. Tim Whitsitt, 11 Regular Meeting Aspen City_ Council March 28, 2005 counsel, noted the rights-of-way are city property and Council can add whatever regulation they want. These rights-of-way are being used with permission. Steve Barwick, city manager, said a provision like that would be useful to staff. Staff will add language to the sandwich board section, which states "enforcement up to and including removal and/or impoundment of the sandwich board". Councilman Semrau moved to continue Ordinances # 10, Series of 2005, to April 1 lth; seconded by Councilman Torte. All in favor, motion carded. ORDINANCE #1L SERIES OF 2005 - Code Amendment Parking Chris Bendon, community development department, reminded Council the parking requirements were identified as a barrier to development and redevelopment. Bendon noted there has been a reversal in the philosophy of regulating parking. At first, cities adopted minimal parking standards. About 30 years ago, larger cities started abandoning that approach and started using parks caps, one cannot do more than X on their site, which philosophy has shifted to smaller cities. Bendon noted the different levels of action are lowering the ratios, eliminating the minimums altogether and allowing the market to generate, and parking caps. Bendon said the closer a building is to downtown, the more that project should be focused on the pedestrian. The code amendment on pedestrian amenities focuses on curb cuts and hiding the parking. Bendon noted this ordinance suggests lowering the parking ratios to 1.5 spaces/I,000 square feet of net leasable space. There is a cash-in-lieu provision and it allows the city to use that money for any mobility solutions, like enhanced car share and transportation solutions. Staffrecommends the cash-in-lieu be $15,000/space. Bendon said the barriers to development are the number of spaces required and the amount of the cash-in-lieu payment. Bendon recommended eliminating parking requirements for residential and lodging development in the CC and C-1 zone. Bendon said this is important for downtown residential development. The ordinance contains a new definition for commercial parking facility. Bendon said the existing definition is difficult to interpret. Bendon noted the two things that make a commercial parking facility are that it is short term, anything less than one month, and that it is a stand alone commercial venture. Mayor Klanderud said $15,000 seems like a low amount for cash-in-lieu. Councilwoman Richards asked if the definition of commercial parking facility will address the issues raised at a recent code interpretation hearing. Councilwoman Richards said when parking is required as mitigation for a project, it should be to serve the needs of that building and not to set up as a separate, new commercial parking enterprise. Bendon said that would be very difficult to enforce. The larger picture is that there is an impact of a building or a use. If one is developing parking, they are mitigating that impact and ifa car is taken off the street, that parking is being mitigated. Councilwoman Richards said she thought the result of the recent discussing on parking was to move toward the goal that parking constructed for a certain development would serve that development and not 12 Regular Meeting Aspen CiW Council March 28, 2005 be separate for commercial leasing. Whitsett noted that "stand alone" should take care of that concern. Mayor Klanderud opened the public hearing. Ruth Kruger stated she supports this code amendment and would like to see Council adopt it. Ms. Kruger stated the highest and best use of the downtown core is not parking spaces. Mayor Klanderud asked ifP&Z discussed the amount of cash-in-lieu. Ms. Kruger said P&Z discussed that in conjunction with the parking study, and surface parking was estimated to be $15,000. Mayor Klandemd closed the public hearing. Councilwoman Richards said Council has been working on encouraging redevelopment of the downtown and to look at barriers to that redevelopment. Councilwoman Richards said she does not want the downtown ground levels to be parking lots; that is bad use of land. Councilwoman Richards said the affordable housing mitigation has been lowered to be below that number of employees generated. Councilwoman Richards said raising the parking in lieu fee much higher would be counterproductive. Mayor Klanderud noted this is lowering the number of required spaces. Mayor Klandemd said $15,000 cash-in- lieu is too low. Councilman Torre agreed he would like to see the cash-in-lieu fee raised; the largest barrier to development has been the number of parking spaces required. Councilman Torre said he feels cash-in-lieu would do the greatest good for the community and would like to see the fee increased. Councilman Semrau suggested the cash-in-lieu space should reflect reality, which is $30,000/space. Councilman Semrau noted the philosophical question is whether one wants people or cars in the downtown. Councilman Semrau said he feels people are more important so the parking requirement should be lowered to 1 space/I,000 and the cash-in- lieu be increased to $30,000. In this code amendment, the cash-in-lieu may be used for anything that decreases car impacts. Councilman Paulson said to face reality, Council could raise the cash-in-lieu and put the money toward expanding parking at Buttermilk and increasing mass transit. Councilman Semrau said this money could be used for both of those suggestions. Councilman Semrau moved to adopt Ordinance #17, Series of 2005, amending it that the commercial parking ratio is 1 space/I,000 net leaseable commercial space and a cash-in- lieu payment of $30,000/space; seconded by Councilman Torre. Roll call vote; Councilmembers Tome, yes; Paulson, no; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau moved to adjourn at 7:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 13