HomeMy WebLinkAboutminutes.council.20050425Regular Meeting Aspen City Council April 25~ 2005
ASPEN YOUTH COUNCIL ANNUAL REPORT .............................................. 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 3
CONSENT CALENDAR ................................................................................................... 4
· Minutes - March 16, April 11, 2005 ....................................................................... 4
· Resolution #24, 2005 - Quit Claim Deed of Structures in Willow/Herrick Ditch. 4
· Memorandum of Understanding - World Wildlife Fund Power Switch Program. 4
· Resolution #25, 2005 - Contract Bobcat Toolcat Utility Vehicle .......................... 4
· Resolution #29, 2005 - Contract Lyon Construction 2005 Pedestrian
Improvements ................................................................................................................. 4
RESOLUTION #26, 2005 - Contract for Athletic Race Timing System and Clock ......... 4
RESOLUTION #27, 2005 - Contract Rio Grande Well House Obermeyer Project .......... 4
RESOLUTION #30, SERIES OF 2005 - EOTC ½ Sales Tax Budget .............................. 4
FIRST READING OF ORDINANCES .............................................................................. 5
· Ordinance #26, 2005 - Code Amendment - Recycling Initiative .......................... 5
· Ordinance #27, 2005 - Code Amendment - Wildlife Enforcement ....................... 5
· Ordinance #28, 2005 - Buflingame/MAA Housing Bonds Refunding .................. 5
ORDINANCE #22, SERIES OF 2005 - Code Amendment SCI Zone District ................. 6
ORDINANCE #9, SERIES OF 2005 - Code Amendment - Lodge District ..................... 6
ORDINANCE #24, SERIES OF 2005 - Burlingame Ranch Affordable Housing PUD... 6
ORDINANCE #23, SERIES OF 2005 - AVLT/AMCORD Initial Zoning ..................... 15
REPORT ON REFERENDUM PETITIONS ................................................................... 15
RESOLUTION #28, SERIES OF 2005 - Wheeler Marketing Contract .......................... 15
Regular Meeting Aspen City Council April 25~ 2005
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson,
Semrau, Richards and Torte present.
ASPEN YOUTH COUNCIL ANNUAL REPORT
Wes Graham, Alicia and Tristan Kanipe appeared before Council to report on their
activities over the past year. Graham said the Youth Council serves as a bridge between
the youth and the community. Kanipe told Council they sponsored 3 events over the past
year; the middle school night at the ARC, a high school night at the ARC and hot
chocolate sales at the Taste of Aspen. The Youth Council will give $1000 worth of
scholarships to graduating seniors and $500 summer grants to kids between 6 and 17.
Graham said the senior scholarships will be two $500 or one $1000 and the criteria is one
has to have attended Aspen High School for 4 years, be involved in outside activities,
show school spirit and community involvement. Although the hot chocolate sales did not
net a lot of money, it did get the Youth Council invited back to participate in the summer
Taste of Aspen. Alicia told Council they are working on a student ambassador program
where school students will have maps, information, restaurant guides, greet tourists and
help them with their questions. The ARC is going to provide nametags and t-shirts.
Kanipe said they are also working on having lights installed at the skateboard park.
Skaters will have to put in money to operate the lights and this money will help fund the
Youth Council.
CITIZEN COMMENTS
1. Toni Kronberg told Council there a lot of construction workers in town who need
places to live. Ms. Kronberg suggested the city allow an extra month at the
MAA/Burlingame housing to accommodate construction workers. Ms. Kronberg said
there is a swim meet scheduled at the ARC this summer. There is only 5' of deck space
and the regulations require 5'. Ms. Kronberg suggested the city set up TV screens
outside so that parents can watch the meet. Ms. Kronberg noted it was stated that the first
land use public hearing on Burlingame is on tonight's agenda. There is a question on the
May 3rd ballot about the annexation of the Bar/X ranch. The Council will be hearing a
land use application for land that is still in the county. Ms. Kronberg said according to
state statute, Council cannot make land use decisions for property still in the county. Ms.
Kronberg said part of the job of elected officials is to decide on land use applications
after public comment has been taken. Ms. Kronberg stated Councilwoman Richards
should refrain from actively lobbying on the Burlingame project. Ms. Kronberg
requested Councilwoman Richards disqualify herself from the Burlingame PUD
application. Councilwoman Richards said the Burlingame project is in a public/private
partnership with the Zoline family. From this, 110 acres will be deed restricted to open
space in perpetuity.
2. Steve Saunders commended Council for on standing behind what the public voted
on 4 years ago regarding Burlingame.
Regular Meeting Aspen City Council April 25~ 2005
COUNCILMEMBER COMMENTS
1 Mayor Klandemd commended the Broadway Players for a great, free show at the
Wheeler last weekend.
2. Councilman Torte reminded everyone the regular Municipal Election is next
week and absentee voting is available in the city clerk's office. Councilman Torre said
the campaign has been civil and there have been good discussions about important issues.
3. Councilman Paulson brought up the rail salvage issue. Councilman Paulson
stated he received a letter talking about whether the rail can be salvaged because it is part
of the historic corridor from Aspen to Glenwood. The city has 30 days to comment on a
ruling made by the state historical society. Councilman Paulson asked if Council is
going to comment. Councilwoman Richards said she thought that was only to protect the
corridor and hold harmless the use of the corridor as rail after the rails have been
salvaged. Mayor Klandemd said Aspen City Council had voted unanimously not to
salvage the rails. That vote was taken at EOTC and Aspen was in the minority. Mayor
Klandemd agreed CDOT and the state historical society said it is the corridor that is
historical with some bridges and structures that are historic and that could be affected by
rail. Mayor Klanderud said she does not feel the city can substantiate the argument that
the rails are historic.
John Worcester, city attorney, said CDOT has to make a determination that when they do
work that there will be no adverse impact on historic resources. They made that
determination in 2003 with the CIS. CDOT has indicated they are willing to relook at
this because they are removing more rails. The letter indicates CDOT does not think
there are any adverse impacts on historic resources. The state historic preservation
officer also needs to make the determination whether removal of tracks will have an
adverse impact on historic resources. The two issues are should the tracks be removed
and whether or not the removal of the tracks will have an adverse impact upon the
historic resources along the corridor. Worcester said the Council will have a hard time
convincing the state historic preservation officer that placing a trail on the corridor will
have an adverse impact on the con-idor.
Councilwoman Richards said she does not support sending a letter to the state historic
preservation officer. When one is part of a larger body, one makes their best arguments
to convince people to vote. When the vote is lost, it is time to move on and forge a better
future. Councilman Torre said he would agree to restate the city's position but not to
denounce the findings of the state historic preservation officer. Councilman Semrau said
he will stand with the majority opinion of the EOTC. Mayor Klanderud noted the two
"no" votes were Aspen and Newcastle.
4. Steve Barwick, city manager, requested Council continue Resolution #23, Series
of 2005, Design Contract AABC Housing, until May 9th. Barwick also asked Council
add to the agenda Resolution #30, Series of 2005, the lA cent sales tax EOTC budget.
Councilwoman Richards reported on Resolution #30, lntrawest needs to move forward
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Regular Meeting Aspen City Council April 25~ 2005
quickly because they arc already hauling the fill, which is one of the major components to
making thc parking lot happen. Councilwoman Richards said the compromise is that
only 200 parking spaces will bc graveled; the rest will he in native grass, low-level
maintenance. Intrawcst will have thc ability to come back and gravel another 150 spaces
if use pa~tcms warrant in order to cut down on dust and PM10. Councilwoman Richards
told Council a CDOT representative was present to discuss highway access for Jazz and
for X-games. CDOT has approved 4 one-time only requests and if thc community is
moving forward with altcruativc parking, they may entertain another one-time only
request. Pitkin County and Town of Snowmass Village support this.
CONSENT CALENDAR
Mayor Klanderud requested Resolutions #25 and 26 be pulled. Councilman Torre
requested Resolution #30 be pulled.
Councilwoman Richards moved to approve the consent calendar as amended; seconded
by Councilman Semrau. The consent calendar is:
· Minutes - March 16, April 11, 2005
· Resolution #24, 2005 - Quit Claim Deed of Structures in Willow/Herfick Ditch
· Memorandum of Understanding - World Wildlife Fund Power Switch Program
· Resolution #25, 2005 - Contract Bobcat Toolcat Utility Vehicle
· Resolution #29, 2005 - Contract Lyon Construction 2005 Pedestrian
Improvements
All in favor, motion canied.
RESOLUTION #26, 2005 - Contract for Athletic Race Timing System and Clock
Mayor Klanderud noted that there is a 30-day return time and will the city use the system
within that time frame. Nancy Lesley, recreation department, said there are two bicycle
races scheduled in that 30 day time period.
RESOLUTION #27~ 2005 - Contract Rio Grande Well House Obermeyer Project
Mayor Klanderud pointed out the letter from Obermeyer states their overhead will
decrease from 15% to 7% but this contract includes 10%. Phil Overeynder, water
director, said the budget in the contract is 10% and the contract states 10%.
RESOLUTION #30, SERIES OF 2005 - EOTC ½ Sales Tax Budget
Councilman Torre asked about the statement at the EOTC meeting that the parking will
move up to Snowmass and the intercept lot will be used less. Joseph Maglicic, Intrawest,
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Regular Meeting Aspen City Council April 25~ 2005
said the parking demand will start in the fall when construction workers will use this
intercept lot. As the project progresses in the next 4 years, the parking will be contained
up at Snowmass.
Councilwoman Richards moved to approve Resolutions #30, 26 and 27, Series of 2005;
seconded by Councilman Semrau. All in favor, motion carried.
FIRST READING OF ORDINANCES
· Ordinance #26, 2005 - Code Amendment - Recycling Initiative
· Ordinance #27, 2005 - Code Amendment - Wildlife Enforcement
· Ordinance #28, 2005 - Burlingame/MAA Housing Bonds Refunding
Councilman Torre moved to read Ordinances #26, 27 and 28, Series of 2005; seconded
by Councilwoman Richards. All in favor, motion carried.
Ordinance NO.26
(Series 2005)
AN ORDiNANCE AMENDiNG THE MUNICiPAL CODE OF THE CITY OF ASPEN,
COLORADO TO CHANGE TRASH HAULER REQUIREMENTS TO CREATE
iNCENTIVES FOR BUSINESSES AND RESIDENTS TO RECYCLE
ORDiNANCE NO. 27
Series of 2005
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDiNG THE MUNICiPAL CODE OF THE CITY OF ASPEN TO
AMEND CHAPTER 12.08 WILDLIFE PROTECTION
ORDINANCE NO. 28
(SERIES OF 2005)
A ORDINANCE RATIFYiNG THE ORGANIZATION OF A
NONPROFIT CORPORATION KNOWN AS BURL1NGAME
HOUSiNG, INC.; APPROVING THE ISSUANCE BY SUCH
CORPORATION OF ITS MULTIFAMILY HOUSING MORTGAGE
REVENUE REFUNDiNG BONDS, SERIES 2005; AGREEING TO
ACCEPT TITLE TO THE BURLINGAME HOUSING PROJECT UPON
THE REPAYMENT OF SUCH BONDS; RATIFYING THE EXISTING
MECHANISM FOR THE CITY TO CONSIDER FUNDING EXCESS
OPERATiNG EXPENDITURES FOR SUCH HOUSING PROJECT;
Regular Meeting Aspen City Council April 25~ 2005
RATIFYING THE EXISTING MECHANISM FOR THE CITY TO
CONS[DER REPLENISHING THE DEBT SERVICE RESERVE FUND
ESTABLISHED TO SECURE SUCH BONDS; RATIFYING THE
BURLINGAME HOUSING PROJECT DEVELOPMENT AND
OPERATING AGREEMENT AND APPROVING AN AMENDMENT
THERETO, SUBJECT TO THE FINANCE DIRECTOR'S PRIOR
REVIEW AND APPROVAL THEREOF; DELEGATING THE
AUTHORITY TO THE CITY'S F1NANCE DIRECTOR TO EXECUTE
CERTAIN DOCUMENTS; RATIFYING ACTION PREVIOUSLY
TAKEN AND APPERTAINING THERETO; AND DECLARING AN
EMERGENCY.
Councilman Torre moved to adopt Ordinances #26, 27 and 28, Series of 2005, on first
reading; seconded by Councilman Semrau.
Councilman Semrau said for second reading he would like information on the
downstream effects. The recycling will go to the solid waste center and then to Grand
Junction. Councilman Semrau said he would like to know how the increase in recycling
will effect other entities and how downstream recycling works effectively. Mayor
Klanderud asked about the volume based pricing; Mayor Klanderud noted the city cannot
regulate private businesses, yet this ordinance seems to be doing that by requiring that the
charge for recycling not be a separate charge. Mayor Klanderud said the trash haulers
will be hauling away the same volume with recycling and with trash.
Mayor Klanderud asked about the nature of the emergency for the bond ordinance, Paul
Menter, finance director, said the reason this is an emergency ordinance is so that it will
take effect in less than 30 days after final approval because staff wants to market the
bonds immediately after adoption.
Roll call vote; Councilmembers Richards, yes; Paulson, yes; Semrau, yes; Torte, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #22~ SERIES OF 2005 - Code Amendment SCI Zone District
Councilman Semrau moved to continue Ordinance #22, Series of 2005 to May 9th;
seconded by Councilman Torte. All in favor, motion carried.
ORDINANCE #9~ SERIES OF 2005 - Code Amendment - Lodge District
Councilwoman Richards moved to continue Ordinance #9, Series of 2005, to May 9th;
seconded by Councilman Torre. All in favor, motion carried.
ORDINANCE #24~ SERIES OF 2005 - Burlingame Ranch Affordable Housing PUD
John Worcester, city attorney, said Toni Kronberg is questioning whether Councilwoman
Richards can participate in this public heating. Worcester said he understands the
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Regular Meeting Aspen City Council April 25~ 2005
argument to be that the city has rules with regard to Council participating outside the
public hearing process on matters that are considered quasi-judicial. The reason for these
rules is to protect the due process rights of applicants to insure Council has not made up
their mind before the public hearing and before the application has been presented. The
rules require Council not to pre-judge an application. Worcester noted this is different
from most land use applications as the city is the applicant and the city is wearing two
hats. Worcester stated Council would have an opinion regarding its own application.
Joyce Allgaier, community development department, listed her exhibits A, review criteria
and staff findings; B - letter from the Aspen School District dated March 30, 2005; C -
referral comments from the DRC; D - application by Shaw Poss, DHM dated February
14, 2005; E - Stage Road PUD subdivision. Ms. Allgaier pointed out the subject
property, 31 acres is and where highway 82 is located, Deer Hill, development to the east
of Bar/X ranch, to the north the Airport Business Center, the North 40, Maroon Creek
Club townhouses and recreational facilities.
Ms. Allgaier noted that Burlingame Ranch was designated to go through the COWOP
process in March 2000, and a cross section of citizens, P&Z representation, housing
board representation had a series of meetings to come up with the best possible affordable
housing project. The COWOP had 10 public meetings with public input. There have
been over 50 meetings over the last 6 years on Burlingame. The COWOP team produced
the Buflingame Ranch affordable housing land use and development plan in June 2003.
Council adopted the COWOP's recommendation and asked staff to create a development
plan to implement those recommendations. The city conducted a design/build
competition, Council selected Shaw Poss DHM.
In November 2004, Shaw Poss DHM became the agents for the city and are the
applicants in conjunction with the city for this project. This project received conceptual
approval in November 2004 and the applicants are seeking final approval for phase I of
the Burlingame Ranch project. The entire project is 236 units; phase I is 97 housing
units, 86 of which are multi-family units and 11 are single-family lots. Phase I also
includes a commons building, parks, playground, transit stop, refuse and recycling, trails
and infrastructure.
Ms. Allgaier went over the land use approvals required for this project. One is final
PUD, which allows for the master planning of this development. This ordinance is final
PUD for phase I only. The rest of the development has conceptual approval but is not
seeking final. Each phase will have to be reviewed and approved by Council. The next
land use action is subdivision. Ms. Allgaier went over the various pieces of land, about
21 acres came from the Bar/X ranch the city will be deeded through the pre-annexation
agreement and allowance for free market housing, the city has agreed to develop
affordable housing to mitigate for the free market development and as an addition to the
city's housing deficit. Another piece of land came from city-owned Burlingame Ranch;
another piece came from the city's acquisition of the AVLT land. These total the 31
acres for this project and subdivision is necessary to amalgamate the new lot, to create the
single-family lots and the multi-family lots.
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Regular Meeting Aspen City Council April 25, 2005
The property is proposed to be rezoned to AH/PUD as was the Bar/X property. The
property in the county is zoned RR with pieces of conservation, agriculture, forestry and
residential zoning. Another land use action is GMQS exemption for affordable housing.
The land use code requires an exemption from GMQS when deed restricted housing that
meets the housing guidelines is proposed. Subdivision exemption is to allow
condominiumization of the multi-family units. Conditional use would allow uses that are
not permitted by right and in this project, conditional uses include the park, recreation,
transit and childcare. The special review is for parking for affordable housing, which is
always set by special review. The project proposes 1.67 spaces/unit.
The development team present is Leslie Lamont, Laura Kirk of DHM, Steve Holly of
Poss Architects and Clark Atkinson of Shaw Construction. Leslie Lamont told Council
their proposal complies with all the criteria of the land use code. Ms. Lamont stated this
project meets and addresses all concerns raised by staff. Ms. Lamont reiterated this is
only phase I. The design intent of this project is the creation of a community,
commitment to quality and sustainable permanent housing. The goals of sustainability
and green building are incorporated in every layer of this project.
Phase I is comprised of 3 smaller neighborhoods, surrounding the commons facility.
There are 97 units, 86 of these are multi-family and 11 are single family 3,000 square
foot lots. Of the 11 single-family lots, 6 will be RO units and 5 will be categories 5
through 7. All units and lots will be for sale and will comply with the housing guidelines
for categories 2 through RO. The units are integrated throughout the project, throughout
all phases and in all buildings. Phase I will have 3 transit stops. These stops will serve a
multi-purpose, incorporate trash and recycling, have newspaper stands and a drop off for
school buses. The transit stops will be powered by solar panels. Ms. Lamont said the
shell of the commons building will be built as part of phase I; the building will not be
built out so that the residents can define the uses for the building. The PUD calls for the
dimensional requirements be established. Ms. Lamont noted that 56% of the project is
defined open space. The parking ratio is 1.67 spaces/unit; 3 of those spaces will be
dedicated to the car share program. Ms. Lamont said in phase I, there will be storage
space to accommodate the car share program to include tires, oil, etc. The overall FAR
for phase I is .35:1, which includes the additional square footage that can be added into
individual multi-family units. Ms. Lamont pointed out the applicants are requesting a
waiver of water tap fees, which is not part of the 70/30 ordinance. Ms. Lamont said the
bedrooms proposed in this ordinance far exceed that envisioned in the 70/30 split.
Laura Kirk, DHM design, told Council their team has been working on this project for
almost 12 months looking at community character, density, dwelling style and
arrangement, parking, open space, sustainability, financial resources and how all these
can be balanced. The team is committed to the philosophy that this is not just about
designing buildings but is about making places for people to live and about creating a
neighborhood and a sense of belonging. Ms. Kirk noted this design emphasizes smaller
neighborhoods clustered together around a central core. There are common facilities in
Regular Meeting Aspen City, Council April 25, 2005
the center of the site, loop transit system, bike and pedestrian links, open space and a
commitment to sustainable design.
Ms. Kirk illustrated the phasing using the phasing board as well as the overall
Burlingame Ranch site plan. Ms. Kirk explained that their team looked at the existing
site, which is rural in character containing sage and native grasses. There is a 90-foot of
grade change from the eastern edge of the site to the west edge of the site. This grade
change is organized into 3 terraces. Buildings and roads have been laid out to be
sensitive to those benches. Using the neighborhood board, Ms. Kirk showed the site plan
with a central common area surrounded by 6 small neighborhoods, 3 of which will be
part of phase I. The density will be reduced as one moves away from the center of each
neighborhood. A variety of public and private spaces are planned; there is a central
common area, a central public space in each neighborhood, semi-private open space
down to porches. The public open spaces are linked by pedestrian and bike paths. The
transit stations are focal points of the neighborhoods and are within one block of every
residence. A two-way looped road links the transit stations. Phase I will function as a
stand alone project and the road will have one-way traffic out to Harmony Road. If
phases II and III are built, the looped road will be finished. Parking is dispersed and is
located on surface lots, garages, tuck under parking and on-street spaces.
Using the Burlingame Ranch site plan, Ms. Kirk showed the bicycle and pedestrian path
system, where the trail from highway 82 is located, the central spine road. There are bike
racks throughout the project. There is a pedestrian bluff trail over looking the river. The
landscaping takes into consideration the native character of the site, the existing
vegetation and consists mostly of native and xeric plants. Storm water management is an
important component of the landscape plan. The primary soume of irrigation will come
from the ditch. Ms. Kirk told Council there will be limited exterior lighting.
Steve Holly, Poss Architects, used the exhibit "residential architecture" and noted that a
recommendation from the COWOP was to use "ranch vernacular", interpreting it and
bringing it into the 21st century. Holly said they tried to provide a good living
environment and allow people to have their own home and create vitality. Holly said the
multi-family buildings range from 4 units to 9 units, varied around the site, all somewhat
different based on 11 prototypes with 16 structures. Holly said they have tried to
promote healthy living into the actual units. Holly said they have oversized all units from
5 to 20% larger than the housing guidelines. Holly said the unit mix is a guideline and
Council will determine the final mix. Holly said 84 of the multi-family units will be type
A and B accessible, more than is required. Four units are exempt because they are two
story units with bedrooms on the second floor.
Holly said they have pushed the sustainability to exceed the requirements of the initial
proposal. The requirements in the competition were that the project had to reach 145
points. This proposal as presented was at 249 points and they are exceeding this by an
additional 8%. The proposal is 45% above the model energy code.
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Regular Meetin~ Aspen City Council April 25~ 2005
Clark Atkinson, Shaw construction, said this will be a place for people who work in
Aspen to live in Aspen. Atkinson said they are going to conserve existing resources by
protecting with barrier fencing, recycling on site, recycling construction debris, pre-
manufacturing components of the buildings to minimize waste. The design of the
buildings has been achieved with modular components to not waste lumber. Burlingame
will result in energy savings for residents. The energy consultants estimate a 45%
increase in efficiency over conventional building.
Randy Ready, assistant city manager, reminded Council they have met in work sessions
on the transportation plan for this project. One of the goals was to insure that every
resident is within a block of a transit station. Ready told Council there are many different
transportation options for this project like fixed route or connecting to the highway 82
transportation. Ready said staff is not recommending either of those. Staff is
recommending a plan that focuses on the west side of Aspen with 4 key features. The
first will include corridor wide improvements. There are buses operating up and down
highway 82, and these can be unreliable up valley during winter. There are over 1100
residents in 585 affordable housing units, including phase I of Burlingame; this is
comparable to 613 units along the Hunter Creek route, which is one of the best
performing routes in town. Ready said increasing the reliability and convenience of
transportation along this corridor is a needed amenity.
Second, this is intended to be multi-modal. The transit component is seasonal fixed route
transit service from Rubey Park to Harmony road, 1.5 miles in and out of Burlingame,
and on to AABC. Ready noted during spring, summer and fall there is a need for ½ hour
service in the early morning and late afternoon, operating with two buses. During the
winter, there will be the l/2hour service as wellas hourly buses the rest ofthe day. Staff
has included a dial-a-fide service for those trips that cannot be accommodated by fixed
route transit.
A third component is car sharing, 3 cars - one/every 30 traits. Ready said this option
works well in lieu of a second vehicle. The fourth component is a mobility allowance,
which could finance a van for a vanpool, or a bicycle fleet, or scooters. Ready reiterated
staff is designing the transportation system to be flexible; it can be changed, grown or
contracted over time; the link to the ABC will be flexible. Ready reminded Council BRT
has been discussed in the valley and if that becomes available, a connection to that may
be the way to go. Ready stated these are fundable improvements and staff recommends
approximately $1 million of capital improvements and $620,000 annually. Staff
proposes Council approve $2 million from the housing fund to pay for this through 2009
and develop a sustainable long term funding.
Ms. Allgaier went through sections of the ordinance and when they mean. Section 2
includes keeping Burlingame in the COWOP process, changes or amendments would be
reviewed and approved by Council. Ms. Allgaier pointed out the groundwork for the
AH/PUD zoning was established through the Aspen Area Commtmity Plan and
designates this land as being within the urban growth boundary and as affordable
housing. About 14 acres of this 31 acres parcel will remain as open space or park area.
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Regular Meeting Aspen City Council April 25, 2005
In the entire project there will be 195 acres preserved as open space. The ordinance has a
matrix of dimensional requirements and locks this project into specific standards. The
height is 34 feet for multi-family dwellings and 25 feet for single family. The floor areas
are set to include provisions for expandability for up to 66 of the units. There are
guidelines for residential design in order to keep the architectural vernacular consistent
throughout the development and in the future.
Section 8 of the ordinance states this project must be 100% affordable and meet the
bedroom count of the 70/30 ordinance. Burlingame Ranch is providing over 70% of the
bedrooms for Bar/X. Ms. Allgaier said 140 bedrooms are required for the Bar/X ranch
development and phase I of Burlingame will provide 232 bedrooms. There is also a
description of the potential category mix, from categories 1 though RO. The ordinance
requires these be set prior to sales. The conditional uses in this development would be
the transit stops, parks, open recreation and childcare. These uses make sense in the
context of this PUD. Ms. Allgaier noted childcare use would have to receive final
approval at which time details will be discussed.
Ms. Allgaier said the goal is to provide appropriate landscaping to nurture the sense of
neighborhood and balance with what exists now. Ms. Allgaier said unneeded soils will
be taken off phase I to some locations within Burlingame to cut down on hauling. Staff is
requesting waiver of the parks fee because of the dedication of open space and parkland.
The ordinance requires a school impact fee of $157,517 and leaves an opening to provide
residential land to the district for school personnel. Ms. Allgaier presented a change to
the sequencing and recordation of all documents. Councilman Semrau asked about
conceptual approval for phases II and III, which is only vested for 3 years. Ms. Allgaier
said the original conceptual approval will go beyond the 3-year vesting. The applicant
has requested a tap fee waiver; staff is not recommending that waiver.
Mayor Klanderud opened the public heating.
Jerry Bovino said the category mix is skewed toward the high end and will exclude
critical workers. Aspen has always been on the socially conscious forefront. Bovino said
no one has picked up on the idea of an affirmative for what will it be used. Kole also
asked the size of the field and is it big enough to play sports. Ms. Kirk said the field will
not be regulation playing field size. The commons buildings is 2500 to 3000 square feet.
It was decided to leave it up to the residents to plan the uses for that building.
Helen Palmer said she is concerned that the lower income people who need housing are
not better represented in this mix. Ms. Palmer suggested the city subsidize affordable
housing for people who need it. Phillip Ring stated he supports the project and is pleased
the city is going forward with it. Ring told Council the biggest concern among many
people is finding a place to raise a family. Brownyn Angwin asked what will happen to
the existing housing developments when people move to Burlingame. Ms. Angwin asked
if the city has considered putting money into the older units.
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Regular Meeting Aspen Ci,ty Council April 25~ 2005
Martin Horowitz said what is being built should reflect the mix of who is applying for
lotteries. Steve Satmders encouraged Council to move forward with this project.
Saunders said if this proposal is turned down, who would step forward and build this type
of development ever. Marcia Goshom, housing board and COWOP member, said she
wants to see the project go forward; however, she does have a concern about the category
mix and there should be a cap on the RO houses. Ms. Goshom noted there public
participation in all the COWOP meetings and some members of the public came to every
meeting.
JE DeVilbiss said he is in favor of the Burlingame project. DeVilbiss said he has hopes
the transportation plan will incorporate and help other projects, like the ABC and Maroon
Creek Club. DeVilbiss said he would like to see Council move forward with the project.
Stephanie Soldner said the drawings and designs of the units should be commended;
however, this could be adapted to small pocket housing in town. This project does not
belong in Burlingame. Ms. Soldner said this past weekend, her family invited the
community to their property to view Burlingame. The pro-Burlingame people set up a
tent with bulletin boards, set up in the road, blocked their gathering, and did not have a
permit. Ms. Soldner noted the units will be for high-end purchasers; the homeowners'
dues will be $3150/bedroom/year, which is 3 times dues for other projects. This project
will destroy Deer Hill and the Maroon Creek valley. The Bar/X ranch will be developed
with mega-homes. Ms. Soldner said the Zolines should go through the county land use
process like all other developers. Ms. Soldner asked the Council not to approve this but
to wait for the May 3r° vote.
Toni Kronberg showed two aerial photographs of this site. Ms. Kronberg noted the vote
on Burlingame in August 2000 was to have it go through the city's land use code, title 26.
The city opted to go through COWOP, a citizens group that decides how this project will
be built. Ms. Kronberg questioned why this project is going through city review and not
county review. Ms. Kronberg said the county's land use policy is to preserve agricultural
land. Ms. Kronberg stated them is nothing urban about this property. The city will have
to install much infrastructure up to $100 million. Ms. Kronberg suggested that money be
put into existing properties like Marolt and Truscott. Ms. Kronberg said the urban
growth boundary was designed to contain growth within city limits and to protect
ranches. Ms. Kronberg said the urban growth boundary was changed after the committee
met. Ms. Kronberg reiterated city zoning states affordable housing should be within
walking distance of town or on a bus line. This is neither.
Mayor Klanderud closed the public hearing.
Ms. Allgaier told Council in the conceptual approval for the entire project and in this
ordinance exempt having to submit applications for final phases for either phase II or III
within a year. Councilman Torre brought up concerns about the RO units and caps.
Council is going to tackle that to make sure there are not $1 million houses in this project.
Councilman Torte said the only category not represented is category I. Councilman
Torre pointed out because this is a phased project, Council has the ability to address the
category mix for future phases. Councilwoman Richards agreed the category mix should
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Regular Meeting Aspen City Council April 25~ 2005
be addressed. The original unit mix was based on the budget two years ago and the
revenue picture has changed in the last two years. Councilwoman Richards noted the city
was trying to pay for infrastmctum in phase I without having to issue bonds. Phases II
and III would allow lower income category units. Councilwoman Richards said the
higher categories allow for the move up in the housing program. The Burlingame project
is only one piece of the entire housing program. Councilwoman Richards agreed
addressing the short fall in family style housing is important. Councilwoman Richards
noted much of Burlingame Ranch has not been irrigated.
Councilwoman Richards said the county zoning for this property would allow one house
every two acres, which might be 58 free market luxury homes. There are also some
existing development fights on this property. The code requires 1 ADU per free market
house. The city's contract requires each free market lot to build an ADU or to make a
substantial cash-in-lieu to the housing fund. Councilwoman Richards noted the city
negotiated smaller house sizes than would be allowed in the county. Councilwoman
Richards said the Zoline property was identified in the 1993 Aspen Area Community
Plan as within the housing boundary, which extended to Aspen Village. That boundary
was pulled into the airport as the urban growth boundary in 2000 and the property was
still identified as an appropriate housing site.
Mayor Klandemd said for a discussion on the unit mix she would like additional
information; the income that qualifies people for different categories, number of units in
each category, information from recent lotteries as where the affordable housing interest
is. Councilman Semrau thanked the applicants as this project is the best in terms of
livability, environmental sensitivity, quality and value. Councilman Semrau stated them
are myths abounding in the community about this project. The first is that if this project
is not approved, this will be open space. The choice is square footage for affordable
housing versus large free market houses. It is a trade off, not either/or. Another myth is
there am 50 sites in town on which the city can build affordable housing. The city may
be able to find sites for 10 units in the city over the next 10 years. Councilman Semrau
said this is the last opportunity to reach the housing goals and to set up a land bank for
the future, which is phases II and III and those will not be built until they are needed.
Councilman Paulson said there is an election May 3 and it is unfortunate that Council
proceeded with this before the results of the election. It seems inappropriate to adopt this
ordinance before the vote.
Mayor Klanderud noted this project includes the city's Burlingame Ranch, the Zoline
property and the AVLT land in aggregation. Mayor Klanderud pointed out the ballot in
2000 promised 170 acres of preserved open space, and this proposal will exceed that.
Mayor Klanderud said there have been complaints about the road and its visibility.
Mayor Klandemd said this Council wanted the road on the other side; however, its
present location is a compromise between the Zolines, Soldners and City Council. Mayor
Klanderud stated them is no development on Deer Hill. Mayor Klanderud noted
comments have been made, why is the city building housing for people already in
affordable housing and allowing them to move up. Mayor Klanderud said people's lives
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Regular Meeting Aspen Ci,ty Council April 25~ 2005
change, they get married, have families, need more space. Mayor Klanderud agreed.
Council can amend the guidelines regarding the capital improvements rules for existing
affordable units. Mayor Klanderud said Council has investigated in-town housing sites
and economically they do not make sense. Mayor Klanderud asked if there is an area
planned at Burlingame for people to park campers, boats, snowmobiles, etc. Mayor
Klanderud stated she is not in favor of waiving the water tap fees. Atkinson noted the
other request is a reclassification of the area in which Burlingame is located as the current
classification makes the tap fee 3 times that of the city. This will come back to Council.
Mayor Klanderud said any fencing used should be wildlife friendly. Mayor Klanderud
said the ordinance has a section regarding expandability of the units, which allows some
units to expand. The units will remain the category they are when purchased and the
improvements can be recouped when the unit is sold. Mayor Klanderud said the way the
ordinance is written, this gives some pumhasers and not others the option to expand.
Councilwoman Richards said she supports the ability to expand; this adds bedrooms to
the city's inventory with someone else's money. Councilman Semrau agreed he likes
allowing people to make bigger units at their own cost. Councilman Semrau noted the
maximum expansion across the entire project is 19,000 square feet. In the proposal, the
city reduced the number of units allowed. Mayor Klanderud said she does not favor
expandability. Councilman Torre stated he supports expandability of the 66 phase I
units.
Worcester said there is a state statute that reads, "the proposed zoning ordinance shall not
be passed on final reading prior to the date when the annexation ordinance is passed on
final reading". Worcester said Council has passed the annexation ordinance; the state
statute does not refer to the effective date of the ordinances. Worcester said if the
annexation ordinance passes on May 3rd election, the effective date would be May 3 and
the effective date of this ordinance is not for another 30 days.
Councilwoman Richards moved to adopt Ordinance #24, Series of 2005, including the
amendments to the sequencing of recording documents; seconded by Councilman
Semrau. Roll call vote; Cotmcilmembers Torre, yes; Semrau, yes; Paulson, no; Richards,
yes; Mayor Klanderud, yes. Motion carried.
Category Mix - Councilman Semrau noted that the current unit mix was predicated on
the money available 4 years ago. This is permanent housing representing the pinnacle of
the housing program and the importance of that should not be negated. Councilman
Semrau said the move up quotient of the housing program is very important. The actual
mix of units will not be finalized until further on in the process. Councilwoman Richards
said she would like to see more categories 2 and 3. The revenues in the RETT will allow
the city to put more money into the project and to have some lower category units.
Mayor Klanderud said she would like the information she outlined earlier before making
a change in the unit category mix. The housing program was designed for people to
move up through the categories and/or projects. Councilman Semrau suggested Council
make a statement of a goal of looking at the information from staff, look at the categories
now that there is more money available. Councilwoman Richards noted there are 41
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Regular Meeting Aspen City Council April 25, 2005
category 2 and 3 units planned for the entire Burlingame project, which seems limited.
Councilwoman Richards said she would like to make sure this is a diverse community
within Aspen. Councilman Semrau said staff should get the information to see if there is
a possibility of wider categories. Council will agree to have a work session on the
category mix for the categories are finalized. Councilman Semrau reiterated the
information needed are the units in the inventory, the demands on the different
categories, and the availability of funds. Councilman Semrau said the would also like to
know the income distribution in the valley.
ORDINANCE #23~ SERIES OF 2005 - AVLT/AMCORD Initial Zoning
Joyce Allgaier, community development department, said this is assignment of city
zoning for the AVLT land recently annexed into the city. Staff is recommending C,
conservation zone, which is compatible to the surrounding lands. The property is zoned
agricultural, forestry and residential.
Mayor Klanderud opened the public heating.
Toni Kronberg said one of the lots has been converted to affordable housing and there is
a difference between that and agricultural. Ms. Allgaier noted the entire Park Trust
property is 29 acres and the piece for affordable housing is 5.3 acres. Ms. Kronberg said
this is taking untouched land and converting it to affordable housing.
Mayor Klanderud closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #23, Series of 2005, on second
reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Semrau, yes;
Paulson, no; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried.
REPORT ON REFERENDUM PETITIONS
City Clerk Kathryn Koch told Council there is a memorandum stating the referendum
petitions are sufficient; however, since that memorandum was written, a protest has been
filed. Ms. Koch said she will bring a request for appointment of protest heating officer to
the next Council before. Council does not need to take any action until after the protest
hearing.
RESOLUTION #28~ SERIES OF 2005 - Wheeler Marketing Contract
Nida Tautvydas, Wheeler Opera Director, told Council this is a follow up to Council's
work session in January. Staff recommends approving a contract with Idee-Force
Communications from Denver. The direction was to move forward with a marketing
initiative and to engage professional support. There will be two phases; Idee-Force will
come plan with a marketing plan for Council's approval before that begins. Councilman
Semrau asked if part of the research going to be what audience to target and is it
geographically or demographically. Ms. Tautvydas said it will be both and also looking
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Regular Meeting Aspen City Council April 25, 2005
at current audiences. Councilman Torre asked if this will include arts groups. Ms.
Tautvydas said arts groups have been included throughout the process and will continue
including arts groups.
Councilman Torte moved to approve Resolution #28, Series of 2005; seconded by
Councilman Semrau. All in favor, motion carried.
Councilman Semrau moved to adjourn at 9:30 p.m.; seconded by Councilman Torre. All
in favor, motion carried.
Koch, City Clerk
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