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HomeMy WebLinkAboutminutes.council.20060213 Re!!ular Meetin!! Aspen City Council February 13. 2006 CITIZEN COMMENTS......................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 4 . Minutes - January 10, 23, 2006............................................................................. 4 . Resolution #6,2006 - Contract Bobcat - Housing Department ........................... 4 . Resolution #8, 2006 - Aspen HIstorical Society Lease Amendment - Willoughby Park 4 RAIL JAM SPECIAL EVENT - PARKING GARAGE ................................................... 4 RESOLUTION #7, 2006 - 1/2 Cent Transit Fund Supplemental Budget Approval.......... 6 FIRST READING OF ORDINANCES.............................................................................. 8 . Ordinance #5,2006 - Castle Creek Road Lot SplitlPUD....................................... 8 . Ordinance #6, 2006 - Boomerang Vacant Lot ....................................................... 8 . Ordinance #7,2006 - Water and Electric Rate Increases....................................... 8 . Ordinance #8,2006 - Supplemental Appropriation for Wheeler ...........................8 ORDINANCE #2, SERIES OF 2006 - 202 North Monarch, Blue Vic Subdivision ......... 9 RESOLUTION #9, SERIES OF 2006 - Holiday House Conceptual PUD...................... 16 1 Re!!ular Meetin!! Aspen City Council February 13. 2006 Mayor Klanderud called the meeting to order with Councilmembers Richards, Torre, Johnson and DeVilbiss present. CITIZEN COMMENTS 1. Mitzi Rapkin, community relations, introduced Annabelle Berklund, senior at Aspen High. Ms. Rapkin aid the Aspen Youth Council has been continuously confused with the Aspen Youth Center. Ms. Rapkin requested approval of a name change to Aspen Youth Leadership Council. Councilwoman Richards moved to approve the name change to Aspen Youth Leadership Council; seconded by Councilman Torre. All in favor, motion carried. 2. Toni Kronberg suggested the city hire a pool consultant in the design and studies of a new outdoor pool at the ARC. A pool consultant should help with decision on how to bring in needed revenues and the programs at the pool. Ms. Kronberg said she agrees with not reviewing land use proposals until the contradictions have been solved. 3. Jim Markalunas asked if Council received his memorandum about trees. Mayor Klanderud said they have and the parks department was to make a response that the people were in violation of what they were supposed to be doing and will be notified of their violation. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said at the January 23 meeting, there were two requests dealing with the Brumder property, a plat vacation and a lot split for property that had received a historic lot split. The applicants stated there was a mutual mistake and they should have qualified for a regular lot split, not a historic lot split. Mayor Klanderud stated Council has received a memorandum from staff stating they were not aware of the policy that all lots in the historic town site were to be considered 3,000 square feet. Mayor Klanderud said she would like to reconsider the Brumder decision. Councilman DeVilbiss moved to reconsider Ordinances #53 and 54, Series of2005; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Johnson. Motion carried. Staff and the applicant will schedule this. 2. Councilwoman Richards noted the 2007 federal budget contains a provision to sell off some federal and BLM lands. There is some acreages proposed for sale in the Roaring Fork valley. Councilwoman Richards stated she does not like the precedent of selling off public assets to balance the budget. The goverrunent is anticipating raising $800 million. Councilwoman Richards said she also objects to the citizens being given only 30 days to comment. In general these lands are not zoned and there is little time to analyze the impact of sales of these lands. Councilwoman Richards stated she would like Council to send a letter to the Colorado delegation outlining these objections. Council agreed. 2 Re!!ular Meetin!! Aspen City Council Februarv 13. 2006 3. Councilman DeVilbiss said he would like to reconsider the Limelite PUD approval. Councilman DeVilbiss pointed out Section 32 of Ordinance #1 says all material representations and commitments made by the applicant pursuant to the application whether in public hearings or documentation presented for the planning and zoning commission are hereby incorporated. Councilman DeVilbiss stated there are 2 representations in the P&Z minutes that Steve Semanski had opened by the books to city staff. Councilman DeVilbiss told Council the city attorney does not feel mention of those at P&Z qualifies as a document under Section 32. Councilman DeVilbiss asked Council to reconsider so he can present a full explanation of what he is trying to accomplish. Councilman DeVilbiss said throughout the Limelite presentation, certain things had to happen to make it financially viable and records presenting financial viability were presented but not to Council. Councilman DeVilbiss requested time to present to Council a summary of the law of statutory interpretation and arguments why those documents should be incorporated in the record. Mayor Klanderud said a reconsideration opens the entire ordinance not just what should be included in Section 32. Councilman Torre said given the nature of the Limelite approvals and the hardship that process has been for the applicant, he will not ask to reopen the application. Councilman Torre said he appreciates Councilman DeVilbiss' concern but feels it is his opposition to the project that is driving the request for reconsideration. Councilman Torre stated he would have like some reduction; however the nature of a PUD gives Council the responsibility to evaluate things in light of benefits to the community. Councilman Torre said ifthere are legal possibilities for what Councilman DeVilbiss is pursuing and it is relevant to future applications, Council should try and get it incorporated into the city's codes. Councilman Torre said try to make this case at this late date is after the trial has happened. Councilman DeVilbiss requested time later on the agenda because it might be necessary to proceed with an offer of proof, which will be a lengthy process. Councilman DeVilbiss said he may have to proceed with witnesses or offers of proof. Councilman Johnson asked what an offer of proof is. Councilman DeVilbiss said it can be a statement or a calling of witnesses. Councilman DeVilbiss said this is to create a record because the financials need to be part of the record. Councilman Johnson said he can support a policy change where if an applicant starts to talk about money, they have to prove it. Councilman Johnson said he would also support the city hiring a consultant to advise Council about these matters. Councilman Johnson stated after being a P &Z member and a Council member and hearing applicants make financial statements, he cannot single out the Limelite for that consideration. Councilman Johnson stated he is willing to listen to this request. Councilman DeVilbiss reiterated all he is asking is that the financials be incorporated into the record. Council agreed to listen to this request later on the agenda. 4. Councilman Torre brought up the recent X-Games and the finance staffreports there were financial gains to the city. Councilman Torre stated Aspen enjoyed visibility and marketing throughout the world. Councilman Torre said there was negative feedback about the concerts and how the X-Games relate to Aspen. Councilman Torre said Aspen 3 Re!!ular Meetin!! Aspen City Council February 13. 2006 should become more of a partner with ESPN and be careful what Aspen represents is not getting lost in the events. Councilman Torre said the city can do better in the security, and in keeping downtown clean. Councilman Torre said the city has work to do and can make this more of an Aspen event and have a better influence at attendees. Council agreed with this idea. 5. Steve Barwick, city manager, noted at the request of the Skier's Chalet, their application for an alley vacation be continued. Councilwoman Richards moved to continue Ordinance #4, Series of2006, be continued to March 27; seconded by Councilman Torre. All in favor, motion carried. 6. Mayor Klanderud noted there was a RFT A Board retreat, which was very focused and directed. 7. Mayor Klanderud said at the ACRA marketing meeting, it was announced that the 2005 vacation planner received a prestigious award given by the hospitality industry and it is a big honor. Dan Richardson gave an excellent report on the Canary Initiative to the ACRA Board. 8. Mayor Klanderud announced February 15 at 5:30 will be the presentation of the emissions inventory report to the public. CONSENT CALENDAR Councilman Torre requested (b) - Rail Jam Special Event and (d) - Resolution #712 cent Transit Fund Supplemental Budget Approval be removed. Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: . Minutes - January 10, 23, 2006 . Resolution #6, 2006 - Contract Bobcat - Housing Department . Resolution #8, 2006 - Aspen Historical Society Lease Amendment - Willoughby Park All in favor, motion carried. RAIL JAM SPECIAL EVENT - PARKING GARAGE Kathryn Koch, city clerk, told Council this is an appeal of a decision of the special events committee regarding an application from the Aspen Skiing Company for a rail jam, skateboarding, bowl riding event to be held March 17th at the Rio Grande park. Ms. Koch stated the committee could not agree on the appropriateness of use ofthe rails between the parking garage and former youth center as part ofthis event. Staff had a site 4 Re!!ular Meetin!! Aspen City Council February 13. 2006 inspection. The Ski Company had their architect review the rails and the stairs. There is concern about the state of the concrete. Ed Sadler, asset manager, said if the Ski Company pursues this, the city should get a document that they will assume all responsibility and will hold the city harmless and make a provision if the concrete is damaged, they can react quickly so the stairs are not closed to the public for any length of time. Nancy Scheinkman, representing the applicant, told Council she looked at the stairs with the architect for the Ski Company. The original idea was to shore up the rails; however, after the inspection, the architect feels the rail is very stable. The issue will be more degradation to the concrete stairs. Ms. Scheinkman said there is already damage to the concrete. If athletes fall on the concrete and damage it further, the Ski Company will repair it. Ms. Scheinkman said if there is damage done to the rails, the Ski Company's crew will repair them over the weekend. She will book a concrete contractor beforehand so if there is damage to the concrete, it will be fixed Monday morning. Ms. Scheinkman stated anything the Ski Company is responsible for they will fix within an agreed upon time frame. John Worcester, city attorney, said his issue is who decides whether something needs repair. Ms. Scheinkman said she will do a pre-event inspection and take photograph and label everything. Ms. Scheinkman said she feels it will be obvious if and what needs to be repaired. Councilwoman Richards said she is concerned about injury and lawsuits to the city. Ms. Scheinkman said the city is named as co-insured for all the Ski Company events. Councilwoman Richards asked if helmets will be required. Ms. Scheinkman said they will be required in the skateboard park because that is city policy. Helmets will not be required on the rail event. Councilman DeVilbiss noted the city's structural engineer states extensive deterioration has occurred to the handrail anchoring system and the colunms are corroded at the base. Councilman DeVilbiss asked if Mosby commented on the Ski Company's report. Gert VanMorsel, architect for the Ski Company, told Council he researched corrosion and how it affects railings. Van Morsel said the railing has not been corroding for that long and it should not be structurally insufficient. Sadler said the issue is whether the applicants are willing to assume the risk. Ms. Scheinkman said the applicants will knob the rails after the event so that people are not using it to slide. Tim Ware, parking department, said he has concerns about the concrete; there are chunks missing out of the concrete. Ware said he is concerned about what will happen after the event and supports the knobbing of the rails. Mayor Klanderud agreed helmets should be required in the city's skateboard park. Mayor Klanderud said there has to be an agreement approved by the city attorney regarding the repairs and who responsibility they are. Steve Barwick, city manager, will make this decision on what has to be repaired. Councilwoman Richards said she is concerned about the concrete as well as the idea of crazier, bigger events and the ongoing liability for the city. Ms. Scheinkman noted this is not open to athletes that are not qualified; it is open to professional athletes. Councilman Torre said his suggestion for 5 Re!!ular Meetin!! Aspen City Council February 13. 2006 reinforcing the rails had to do with rails breaking in the middle of the contest and having to end the event. Councilman Torre said he would like knobbing done after the competition. Councilman Torre moved to approve the appeal to allow Rail Jam special event at the parking garage March l7'h between 6 p.m. and 9 p.m.; seconded by Councilwoman Richards. Councilman Johnson said he is willing to take a chance on the condition of the rails but will only support this if the helmets are required in the rail ride. Council agreed helmets have to be worn on the rail jam portion of the contest, as well as in the skateboard park. All in favor, with the exception of Councilman DeVilbiss and Councilwoman Richards. Motion carried RESOLUTION #7. 2006 - 1/2 Cent Transit Fund Supplemental Budget Approval Councilman Torre said he is surprised by requests for on going funding to NCTF. Mayor Klanderud said the funding requests in this are reviewed and approved by the EOTC and then must be approved officially by City Council, BOCC or Snowmass Town Council. There were 3 items approved at the last EOTC meeting; $200,000 funding for the reevaluation of the Entrance to Aspen EIS; $318,000 for the Main Street transit lane and access closures; and $100,000 to the New Center Transportation Foundation. Mayor Klanderud said the Aspen vote for the latter was 2 to 1 and it still needs to be approved by the City Council. Councilman Torre said the work plan seems to have to do with building a down valley coalition rather than addressing upper valley initiatives that Council would like to see completed. Randy Udall said the initial funding for NCTF was $160,000 from EOTC. This is a new organization with only one staff person. Udall said in locations with world- class transportation systems, the public officials are supported by an active well-funded transit alliance. Udall said there are transit problems up and down the valley; there are transit opportunities up and down the valley. Udall said in order to get federal monies, the valley will need a civic organization devoted to getting the funding and the votes passed. The mission ofNCTF is to pull that alliance together; most of the Chambers are members, most of the down valley communities are members. Everyone will need to be in this together. Udall said resolving issues about the transportation challenges in the upper valley are essential. This is the Council's and public officials charge; however, there will have to be elections throughout the valley and beyond to have a transportation system that works as well as it can. Udall told Council the Ski Company has pledged to support NCTF but the amount has not yet been determined. Udall said there are political, funding, federal permissions, highway permission pieces that all need to come together. Councilman Torre asked ifNCTF anticipates this continued level offunding from the EOTC. Udall 6 Re!!ular Meetin!! Aspen City Council February 13. 2006 said the initial funding from EOTC was to get started and they hope to wean themselves off EOTC funding in the future. Mayor Klanderud said this same discussion was held at RFTA. Mayor Klanderud said she is concerned about this being the cart before the horse. There is a work plan but no decisions made by the communities involved about what direction they are going. Mayor Klanderud said ifthis funding is approved, the NCTF will have received $280,000 from the EOTC and the goals of the city of Aspen may not coincide with NCTF's work plan. Mayor Klanderud said she wants to know how the NCTF is going to help the upper valley. Councilwoman Richards said another EIS process will take years and it is critical that letters and public comment are supportive of these efforts. The process could be sunk by a down valley community who feels they do not have a partnership with Aspen or an interest in the entrance to Aspen. Aspen has had to work hard to get support throughout the valley and it is important to support the down valley efforts at transportation, too. Councilwoman Richards said Aspen will need every good relationship and commitment in this valley for a successful outcome to the future of the entrance to Aspen. Councilman Johnson said it is his understanding that NCTF, while supporting valley- wide transportation, will not take a particular position on the entrance to Aspen. Councilman DeVilbiss asked what NCTF is doing that RFTA is not doing. Udall answered RFT A's primary purpose is moving people to the best of their ability and budget. Udall said in the past communities have pitted technologies, alignment, open space, clean air against each other. Udall noted conditions to resolve the entrance to Aspen are more difficult than they were 6 years ago. Udall said there is a role for the business community, for new residents, for communities throughout the valley in the solution to the entrance to Aspen. Udall said NCTF hopes to help RFT A develop support for funding and for federal funding. Councilman DeVilbiss asked ifthis is duplicating efforts with those ofRFTA. Mayor Klanderud said RFTA could hire someone to do this work in-house. The essence of NCTF is the transit alliance. The RFTA board directed their CEO to work with NCTF to get the job done. Mayor Klanderud said she would like to get the priorities and the work plan in order so that everything NCTF proposes can be accomplished. Mayor Klanderud said NCTF is set up to be an alliances of governments, citizens, businesses and non-profit to build community consensus for transit, which is not RFT A's job, whose primary responsibility is moving people. Councilman Johnson moved to approve funding for NCTF of $1 00,000; seconded by Councilwoman Richards. All in favor, with the exception of Mayor Klanderud. Motion carried. Councilman Johnson moved to approve Resolution #7, Series of2006; seconded by Councilman Torre. All in favor, motion carried. 7 Re!!ular Meetin!! Aspen City Council February 13. 2006 FIRST READING OF ORDINANCES . Ordinance #5, 2006 - Castle Creek Road Lot SplitlPUD . Ordinance #6,2006 - Boomerang Vacant Lot . Ordinance #7, 2006 - Water and Electric Rate Increases . Ordinance #8, 2006 - Supplemental Appropriation for Wheeler Councilwoman Richards moved to read Ordinances #5, 6, 7, and 8, Series of2006; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO.5 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT AND LOT SPLIT SUBDIVISION EXEMPTION WITH CONDITIONS, FOR THE PROPERTY AT 488 CASTLE CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 6 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE "BOOMERANG PARCEL" TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO.7 Series of 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN WATER AND ELECTRIC SERVICE RATES. ORDINANCE NO.8 (Series of 2006) AN ORDINANCE APPROPRIATING AN INCREASE IN THE WHEELER TRANSFER TAX FUND $832,650. Councilwoman Richards moved to adopt Ordinances #5, 6, 7, and 8, Series of2006, on first reading; seconded by Councilman Torre. Councilwoman Richards said for second reading, she would like to know the proposed housing mitigation for Boomerang, in Ordinance #6. Councilman Torre requested a 8 Re!!ular Meetin!! Aspen City Council February 13. 2006 public information campaign on the water and electric rate increase before second reading so that the public are aware. Phil Overeynder, public works, told Council the ordinance will be published in full and a press release will go out this week. Roll call vote; Councilmembers DeVilbiss, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilwoman Richards moved to continue Ordinance #3, Series of2006, to March 13, 2006; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #2. SERIES OF 2006 - 202 North Monarch, Blue Vic Subdivision Chris Bendon, community development department, showed Council where this property is located and said it consists of5 original town site lots, 15,000 square feet. The east two lots are zoned MU, mixed use, and the west 3 lots are zoned R-6. There is a single- family residence on the west lots and the property is historically land marked. Bendon told Council the proposal is to divide the parcel into a 9,000 square foot lot with the historic house and a 6,000 square foot lot on the east, which parcel is vacant. The applicant requests the platted alley to the north ofthe property be opened to access the lots from the rear of the parcel. Bendon pointed out the parcel slopes to the east and it is not feasible to have an alley that continues through to Mill street. There is a curb cut on North Monarch, which accommodates parking of the neighbor to the north. This curb cut is located in the public right-of-way. Bendon noted a curb cut on East Bleeker servicing a parking pad. There is no sidewalk along the property; however, the applicants propose a sidewalk along East Bleeker to the corner at Monarch. P&Z recommends approval of the subdivision as does staff. Much ofP&Z's discussion was about the opening of the alley. P&Z recommends the alley not be opened. P&Z was concerned about the development on the parcel and suggested access off East Bleeker. HPC reviewed this and stated they preferred access from North Monarch, which is tradition in the west end. Bendon noted the city's design standards require access from alleys if they exist. The city engineer agreed the alley should be opened either from Monarch street or from Mill street. Bendon pointed out the alley off Mill street and told Council there are some improvements in the public right-of-way. Bendon said ifthat alley were used, one would enter the property sub grade. The city engineer noted the entry off East Bleeker is the worst choice as East Bleeker street has congestion as well as icing which would complicate that access. The fire marshal prefers the access off Monarch street for fire protection. Bendon told Council the HPC jurisdiction is on the entire parcel so creation of the vacant lot and any development is within their jurisdiction. Bendon said staffreceived notes from the parks department regarding a tree on the north of this parcel and some steps for preservation of that tree. Councilwoman Richards asked where the alley off Mill street would be located. Bendon showed the location with regards to the Jerome Professional building and there would need to be coordination in order to use one curb cut for the alley and the Jerome professional building. 9 Re!!ular Meetin!! Aspen City Council February 13. 2006 Stan Clauson, representing the applicant, told Council the code states if an alley exists the access would not be an issue. This alley is platted but it has never been opened. Clauson noted section 14.20 of the HPC design guidelines, which states off street driveways should be removed, iffeasible, if parking can be placed on the alley. Clauson said the initial application was designed to access the entire project from the alley off North Monarch street. Clauson pointed out some encroachments into the North Monarch alley as well as the Mill street alley. None of these encroachments have approval from the city engineer's office. Clauson presented photographs of the encroachments and the proposed alleys. Clauson said the P&Z had concerns about all access to this development from North Monarch. The applicant requested an amendment to their applications with split access; residential access from North Monarch and commercial access from Mill street. This would not be a through access because the grade separation is 15 to 20'. The split access should reduce the amount of traffic on the North Monarch access. Clauson told Council the applicants took the split access to HPC for their reaction. HPC agreed the split access would be the first choice with all access off North Monarch as their second choice. Tim Semrau, applicant, told Council this property has everything in place for subdivision; it meets all city rules; it will enable the applicants to restore the historic house; it is located in two zone districts. Semrau said at P&Z the neighbors noted there would be commercial traffic using this alley. Semrau said that was reasonable and the application was amended for a split access. Semrau told Council the grade separation in the Mill street alley in insurmountable. Semrau stated this is a by right subdivision and what can be built reverts to the city's land use code. The maximum commercial build out is 4500 square feet with 4.5 parking spaces; 4500 square feet for residential use plus affordable housing requirement, which is 40% of the FAR of the residential building. The allowable height is 32'. Councilwoman Richards asked if there is a waiver of any affordable housing requirement on the mixed-use building or the residential building because this is a historic landmark. Clauson said there is not. Councilwoman Richards asked if there would be commercial uses in the residential building. Clauson said that building is located in the R-6 and would not have commercial uses. Semrau noted the historic building needs a foundation. HPC has commented when the building is picked up, they would like it moved closer to Monarch street. Councilwoman Richards asked if the house could be moved far enough to the west that the access could be off Bleeker. Clauson said that is feasible; however, city staff and HPC were opposed to that solution. P&Z felt it might be appropriate. Mayor Klanderud opened the public hearing. Tom Smith, representing the Hodgsons, said this alley is unique to most alleys in the city. This alley is between two houses, not an alley going through the rear oflots. Smith said another unique feature of the alley is not it would not be a through alley. This would be a driveway with only one property benefiting from the alley. Smith stated the neighbor to 10 Re!!ular Meetin!! Aspen City Council February 13. 2006 the north is willing to eliminate the parking pad if that is the city's desire. Smith said the P&Z voted against this request because they did not know what will happen to the property, what the commercial development would look like. Smith noted this is a subdivision application and it is premature to decide on access to the lots before there is a development application. Smith said he does not think the Bleeker access has been explored thoroughly enough. Smith noted this alley would have a great impact and change the historic neighbor because of its orientation. Opening the alley is inappropriate and certainly premature before seeing a development application Bert Myrin, 218 North Monarch, submitted a GIS map of the area and a letter for the record. Myrin noted section 26.480.050 requires a proposed subdivision be consistent with the character of existing land uses in the area. The entire block of North Monarch is residential and if this driveway were abandoned, there would be a block flow without curb cuts. Myrin said he supports access for the commercial project from Mill street. The residential use will be low impact and access off Bleeker would be appropriate. Phil Hodgson, Monarch street, told Council the city originally suggested he put his parking in the alley, which was not being used. Hodgson said this was not done legally. Hodgson said if the curb cut is a hindrance to Council's decision, he will remove it. Hodgson quoted from Aspen's Early Days, a walking tour, which describes North Monarch street as 3 large Victorians standing close together on the edge of the hill and facing west on Monarch street and forming a protective border for the residential neighborhood. Walt Madden, Monarch street, said this block of Monarch street is one of the few in the west end where the houses are oriented east and west rather than north and south. Alleys in the rest ofthe city are on the backs of buildings. Opening this would be creating a driveway not an alley. Madden said a 9,000 square foot lot would be a result of this subdivision and it seems like it would be available for a lot split. Madden noted this street becomes a historic walkway in the summer in order to reduce traffic and is a refuge from Main street. Bill Stirling said this alley should not be opened; it is unique; it contains a hillside. This alley is like that of the Paepcke house and the Given Institute which alleys are not open and are landscaped and help retain the historic feeling of the neighborhood. Stirling noted this has never been an alley. Hayley Pace said she is concerned about opening this alley; it is a unique alley. Having this become an open alley would change the street scape of Monarch. Ms. Pace said opening this alley would only benefit the applicant. Ms. Pace said there would be no turn around in the alley; trucks and fire trucks would have to back out onto a residential street. Ms. Pace said it would be historically devastating to the neighborhood to open the alley. This is one ofthe few untouched blocks left in the west end. Lisa Markalunas said she was on the HPC when the guidelines were developed. This is a very historic neighborhood and an additional access driveway will have an adverse impact on the . historic properties. Ms. Markalunas said section 14.22 of the historic guidelines advocates locating driveways away from the primary fapde to maintain the importance 11 Re!!ular Meetin!! Aspen City Council February 13. 2006 of the structures. Ms. Markalunas encouraged Council to look at access off Bleeker street. Bill Seguin, neighbor, said this area is a gateway to the west end. Seguin said there is an alternative to opening this alley. David Hyman said it will be an amenity to the neighborhood to have the historic house returned to its glory. Hyman noted there is heavy pedestrian and bicycle use on this street and Council should resist adding more traffic onto North Monarch. Hyman said the AACP has a goal of promoting a standard of design that is of the highest quality and is compatible with the historic features of the community. Hyman contended the opening of the alleys is not compatible with the historic features of the neighborhood. Hyman said the green space between the two buildings is important and gives some relief from the commercial district. Jim Markalunas presented a W.H. Jackson photograph illustrating the bluff line. Marklaunas said the purpose of an alley is to serve interior lots and there are no interior lots in this case. Markalunas said the aesthetic quality of the streetscape is the most important issue. North Monarch street is a refuge from Main street. Crispin Limacher said if the city opens this alley, they are giving the developer of a driveway so he will not have to take it away from his property. This alley opening only benefits the developer. This alley has not been open for 100 years. Ms. Limacher said it is a property owner's responsibility to provide access to his property, not the city's. Perry Michaels asked Council to consider the traffic implications ifthe alley is opened into Mill street. There are already two driveways and a large amount of traffic and this will add to the congestion of Mill street. Toni Kronberg said this application highlights the contradictions with a historic landmark property, underlying zoning, what is allowed and what is not. Ms. Kronberg said opening this alley will destroy the historic landscapes. Wyley Hodgson, 212 North Monarch, said the parking off east Bleeker is historic parking. Hodgson presented letters from Robert Ryan and M. J. Elisha regarding the historic use of the parking on Bleeker. Hodgson said he feels the access for the commercial property from Mill street to be a good suggestion, and access for the residential property could be off Bleeker street. Mayor Klanderud asked if the remaining parcel on the residential site could be further subdivided. Bendon said that 9,000 square foot parcel would be eligible for 2 houses or a duplex. As a historic property, it could be lot split. Bob Limacher asked Council whether the applicant wants an alley or wants access to his development so he can maximize the size. Limacher said he hopes the city will not help a developer by giving away public land to a private developer. Bendon entered into the record letters from Walter Madden, Steve and Karen Brenna, Matthew Pace, Hayley Pace, Phillip Hodgson and an e-mail from Ed Van Walraven, fire marshal. Mayor Klanderud closed the public hearing. Clauson told Council the applicants followed the code and followed staffs recommendations; both of which supported opening the alley for all access. Clauson 12 Re!!ular Meetin!! Aspen City Council February 13. 2006 noted after the P&Z meetings and the public testimony, the applicants offered a split access. Semrau told Council the owners ofthe Jerome Professional building support opening the Mill street alley and would like to use it and close their access. Semrau said staff insisted the project use North Monarch alley for their access; HPC insisted the North Monarch alley be used; the engineering department regulation states subdivision improvements require paved alleys. P&Z wanted the Bleeker street access; the neighbors favor the Bleeker street alley. Semrau noted Council has control over the curb cuts and he had no ability to access the property from Bleeker. Semrau stated he is willing to put not opening North Monarch is the decision, he requests that alley be vacated with the property being split between him and the Hodgsons. Mayor Klanderud noted the geological report states the soils are acceptable. Mayor Klanderud said this property may have been used as a dump site. Semrau said at building permit stage they will have to have soils test, which is normal procedure. Mayor Klanderud said the landmark designation applies to the entire property and HPC will have purview over any development. Councilman Torre asked about the possibility of more residential development on the west parcel. Semrau said 4,080 square feet of FAR is allowed on a 9,000 square foot lot. Semrau said this can be accomplished in one structure, two small structures or a duplex. Semrau stated he could get a lot split but the amount of square footage would not change. Semrau said adding the additional FAR on the existing house would historically inappropriate. Mayor Klanderud said splitting this property again seems to run counter to the code. Bendon reminded Council there was a code amendment to allow historic lot splits within existing subdivision. Bendon said the 9,000 square foot parcel would allow for a certain amount of FAR in one structure, a duplex or 2 detached structures. The lot split does not increase development rights only the method of ownership. Councilman Torre asked if the city has evidence of support from the Jerome Professional building for sharing the alley off Mill streets. Councilman Torre asked if access could be obtained through the Jerome Professional or KSNO buildings parking structures. Semrau said he tried that to no avail. Councilman Torre said he does not support the alley off Monarch and is hesitant about using the alley off Mill. Councilman Torre said he would rather see all access off Bleeker. Councilman Torre requested stafflook into making Mill and Bleeker a 4-way stop. Councilman Torre moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilwoman Richards. All in favor, with the exception of Councilman DeVilbiss. Motion carried Councilwoman Richards stated she does not support opening the alley off Monarch; historically it has been closed. Councilwoman Richards said she does not want to approve this subdivision because ofthe piecemeal nature. Councilwoman Richards said she would like to know where the house is going to go and more about the commercial building before making a decision about the access. Councilwoman Richards said she might agree to access off Bleeker to the relocated house and with the Nand 0 lots. Councilwoman Richards noted there are already two accesses off Mill street and none off 13 Re!!ular Meetin!! Aspen City Council February 13. 2006 Bleeker and this would split the traffic. Councilwoman Richards said she would like more thorough analyses of future potential on this land. Councilwoman Richards said she would be prefer to continue this in order to see an overall plan for the 15,000 square lots, the open space, the setbacks. Councilman Johnson asked if the applicant had a proposal for the remainder of the property. Semrau said it is not required; what is required is that the development meet the setbacks and dimensional requirement of the zoning code. Semrau stated he needs to know which access is approved so that he can design the project. Councilman Johnson asked if applicants have looked at one access off Bleeker for the entire development. Semrau said that would be the least desirable for the development and for Bleeker street. Councilman Johnson noted leaving the Monarch alley closed is a benefit to the neighbors to the north. Councilman Johnson stated opening the Mill street alley is all right with him; mixed use on lot 2 is all right; well designed access from Bleeker is all right; vacating the Monarch alley is all right. Councilman Johnson stated the parking pad in the right-of-way should be eliminated. Mayor Klanderud agreed not to support opening the Monarch alley and she could support vacating the alley. The encroachments on the Monarch and the Mill alleys need to be taken care of by staff. Mayor Klanderud said she can support the Mill street access to the mixed use lots. Mayor Klanderud said she would like staff to look at increased FAR for the Jerome Professional building if access were shared off Mill street. Mayor Klanderud stated she does not want to see a sidewalk on Monarch street; the west end does not have sidewalks. Mayor Klanderud noted there is already a curb cut on Monarch and this house could have a driveway with a curb cut. Mayor Klanderud stated she, too, is having trouble with what can happen on this property. The Mill street access makes sense for the mixed use; however, the Bleeker access has problems. Councilman DeVilbiss asked ifthe city could covenant against future lot split on this property. John Worcester, city attorney, stated the current regulations allow a historic property a historic lot split. The applicant has applied under the subdivision section of the land use code and should be judged based on the standards in the code. Councilman DeVilbiss asked if jacking the house up to put it on a foundation alters the historic character. Semrau said the HPC requires when digging a new foundation, the house be replaced so it looks the same. Councilman DeVilbiss asked what the applicant is requesting from Council at this meeting. Semrau stated he has met every requirement for subdivision, which does not require plans. This is not a PUD; the applicant is not asking for variances. Semrau noted the city's subdivision rules require use of the alley. If Council does not want use of this alley on Monarch, then he requests access off Bleeker. Semrau said using the Mill street access is fine with one curb cut on Bleeker to access the 9,000 square foot lot. Semrau said ifaccess off Mill street is not allowed, he would request two curb cuts on Bleeker. This application meets every requirement for subdivision; there is no requirement for a design or for architectural drawings. Worcester said another issue is whether this is consistent with the Aspen Area Community Plan, which is one of the most subjective decisions Council can make. 14 Re!!ular Meetin!! Aspen City Council February 13. 2006 Councilwoman Richards asked if this application meets all the requirements for subdivision, does that compel Council to approve it. Worcester said if one meets all the standards, there is no discretion; however, some of the standards provide for some discretion, like finding whether this is consistent with AACP and with the existing character of the area. Councilwoman Richards supports sidewalks because this is a major pedestrian access to the Red Brick school. Councilwoman Richards supports the 4-way stop sign at Monarch and Bleeker. Councilwoman Richards said she is concerned about approving an access without knowing where additional FAR would be located. Councilwoman Richards said she would not object to the historic building moving west on the lot and having a Bleeker street curb cut behind the house where the hill flattens out. Councilwoman Richards said she is amenable to looking at opening the Mill street alley. Councilwoman Richards said she does not want to see the access issue drive where the other house will got on the parcel. Semrau reiterated the 9,000 square foot parcel has building rights for 4,080 FAR and the lot split is irrelevant. Semrau pointed out the ultimate siting of any house would be a decision ofthe HPC. The mixed use building is also under HPC's purview. Councilman Torre said he needs to know more about sidewalk recommendations, information about the shared access off Mill street. Councilman Torre said he leans toward sidewalks on Bleeker and not Monarch. Councilman Torre agreed the encroachments along the two alleys need to be addressed. Councilman Torre said he would prefer the Mill street access but it looks narrow and difficult. Councilwoman Richards moved to continue Ordinance #2, Series of2006, to February 27, 2006, requesting the applicant to come back with detailed use of a reopened alley off Mill street, how this would work with the Jerome Professional Building and KSNO, the question about new development potential about shifting access in the areas, also a direction to develop access for the residential portions off Bleeker street with a potential siting of where the new foundation of the existing historic structure would go and denying the potential of opening the alley off Monarch; seconded by Councilman Johnson. Councilman Torre said he would like information about the sidewalk, about ending at the comer of Bleeker and Monarch. Councilman DeVilbiss said Bleeker is an icy street with people walking in the street in this area. Councilman DeVilbiss stated he supports the 4- say stop signs; he said the alley should either be opened or be vacated. Councilman DeVilbiss stated he would like a site visit, especially the access off Mill street. Councilman DeVilbiss said he would like to see the letter from the Jerome Professional building regarding this access. All in favor, motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 11 p.m; seconded by Councilwoman Richards. All in favor, motion carried. 15 Re!!ular Meetin!! Aspen City Council February 13. 2006 RESOLUTION #9. SERIES OF 2006 - Holiday House Conceptual PUD Jennifer Phelan, community development department, told Council this is conceptual review ofa planned unit development for 125-127 West Hopkins, owned by Aspen Skiing Company. This property is zoned RMF with a PUD overlay and contains 35 units of employee housing, 36 bedrooms and 64 beds. The proposal is to demolish the structures and replace them with one 25-unit structure, 74 bedrooms with 74 beds. The applicant requests PUD amendment to establish the floor area and parking requirements for the site. The applicant also requests subdivision, growth management approval, credit for the excess housing created and 2 variances from the residential design standards. Ms. Phelan told Council this proposal meets all the underlying zone requirements except the floor area and the off street parking requirements. The applicants request to increase the allowable floor area and to reduce the on-site parking requirement. The FAR allowed is 1.5:1 or 23,625 square feet and the applicant is requesting 1.57:1 and 24,790 square feet, an 1,165 square foot increase. P&Z has reviewed the project, has seen several different designs and a decrease in floor area. Ms. Phelan said affordable housing is needed in the community and the 1,165 square foot increase is nominal. P&Z recommended this project meet the underlying FAR requirement. The code would require 25 off-street parking spaces. The original application had access off Hopkins with parking underground. Ms. Phelan pointed out Hopkins is a bikeway and staff recommended not using it as access. This plan has 19 parking spaces accessed off the alley, at grade. This project is close to the commercial core and to mass transit, and staff recommends approval of a parking reduction. P &Z suggested no residential parking permits be allowed. Staff feels this prohibition would affect just one segment of the community. Staff has presented other options, like remote parking or contributing to the car share program. Ms. Phelan stated this application is consistent with the goals of the Aspen Area Community Plan and the this redevelopment would improve the living conditions ofthe residents. This is a good location for affordable housing because of its proximity to the commercial core. Staffrecommends conceptual approval including the reduction in FAR and a contribution to the car share program. David Corbin, Aspen Ski Company, showed a photograph ofthe site and where it is located, near Paepcke park and the Ice Garden. Corbin showed lodges and some multi- family housing in the RMF zone and noted that the proposal fits within the character of the neighborhood. Corbin told Council this site is two buildings, one of which was built in 1959 and the other portion is a 9 one-bedroom building. The older building contains the majority of the beds. Corbin told Council people are sharing very confined spaces in the older facility; the housing is sub-standard and the building needs to be replaced. Corbin said the Ski Company has used this building for 20 years for employee housing. The older building is no longer habitable. This property is deed restricted for employee housing and has been a long-standing use in the neighborhood. The applicants would 16 Re!!ular Meetin!! Aspen City Council February 13. 2006 like to replace and expand existing housing. The Ski Company feels this is important to their company; they only have two properties in the commercial core. Corbin noted one of the goals of the AACP is to provide affordable housing that is integrated into the community. The AACP also seeks to create a community of the size, density and diversity to encourage interaction, involvement and vitality among the residents. The AACP also addresses revitalizing the community by increasing resident housing. This proposal is to increase from 64 to 74 beds. Corbin said the goals of the housing in town have not been met. This proposal integrates housing units within the existing community. The AACP also states affordable housing within the traditional town site should be encouraged to protect open and rural lands. The Aspen Skiing Company is a private sector company trying to provide affordable housing as outlined in the AACP. Corbin presented housing criteria of the AACP, one of which is to be developed within the city. Another criteria is proximity to transit. This project is located close to transit and close to the core. Corbin stated this project is compatible with this mixed multi- family neighborhood. Corbin said with the exception of FAR and parking, this project complies with all dimensional requirements. Corbin noted another criteria is to optimize the site's development potential for affordable housing. This application seeks to do that within the setbacks and within the height. Corbin said the applicant needs to enhance the quality of life of the residents of this existing building. These are substandard cramped quarters. In the new building each person will have his own bedroom. Corbin noted another criteria is quality of design and construction, construction standards in Aspen are high and will be met. The applicants will make this as enviromnentally sustainable as they can. Corbin said this is located in the multi-family district and has a PUD overlay, which allows them to seek a height variance and a parking variance. Corbin said the opposition they have heard is that the mass and density is too large. This building fits within the height and fits within the setbacks. The parking requirement is one space/unit. In the original proposal, the building was 36,643 square feet. This has been reduced to 28,705 square feet. The parking was under the building with the entrance off Hopkins. This was objectionable to the neighbors. Corbin said the solution was to eliminate the underground parking and put all the parking off the alley on the back of the building and reduce the number of parking spaces to 19. Corbin reiterated they have reduced the FAR from 8,015 square feet over the allowable to 1165 square feet over. Corbin said this amount of space is mostly in the mechanical and storage space. Corbin pointed out that Section 26.445.050(B)(3) states the appropriate number of off street parking spaces should be established on the probable number of cars, the availability of transit, and the proximity to commercial core. Corbin said the applicant feels the number of residents owning cars will be small and there is mitigation against having 25 spaces for 25 units and that 19 parking spaces will suffice. Corbin said the codes state that the maximum density may be increased if the increase in density serves one or more goals of the community as expressed in the AACP. Corbin said the project 17 Re!!ular Meetin!! Aspen City Council February 13. 2006 fits within the site's physical characteristics, fit within the height and setbacks, and the community goals are being met with this project, and that the site can accommodate this density. Councilwoman Richards asked if music students will use this structure in the summer. Corbin said ifthere is space available, they would make that space available. Pam Willis, Aspen Skiing Company, told Council they make any space they have available to other community organizations. Councilwoman Richards said that would make parking a year round issue. Jim Laing, Aspen Skiing Company, said they have put "no car" restrictions on some of their properties and have had no problems renting the units. Phillip Ring, representing the applicant, presented the site and floor plans of the proposal to Council. Ring showed the two major entrances off Hopkins street, where the building is carved out to create 19 parking spaces. Ring showed the different unit sizes, studio, one, two, four and five-bedroom. The larger units are generally for seasonal employees. Everyone will have his or her own bedroom and everyone has an exterior window. Ring showed the second floor, also with an array of units. Ring told Council the housing office has reviewed the proposal and the units and is in agreement with the proposal. The 3rd floor is scaled back at the comers to soften the streetscape. Ring labeled the boards A, floor plans B, aerial photo C, the outdated illustrative drawing D. Councilwoman Richards asked if there is bicycle storage. Ring pointed out the space on the 1 st floor for 20 bicycles. Laing told Council housing has been the Ski Company's number 1 employee issue for many years and is the crux of their ability to attract and retain employees. Laing noted the demographics ofthe Ski Company's employees have changed and they are recruiting international employees. The work force is growing older and those employees will need to be replaced over the next 10 years and without housing, this will be a difficult situation. Laing said the Ski Company has taken the management of the Holiday House back; they have changed the mix of residents to provide a better balance. Ms. Willis said there is an on-site manager who is an employee of the Ski Company. Corbin stated employee housing is a community need as well as one for the applicant. Economic sustainability is important as is having employees living in the core. Mayor Klanderud opened the public hearing. Rhonda Bazil, representing Phyllis Bronson, Jesse Boyce and Cottonwoods, said the neighbors object to density and to parking. Ms. Bazil noted the applicants have stated they want to increase the quality of life in the building; however, they are adding 10 more people to an already dense building. Ms. Bazil said they could reduce the FAR by reducing the number of people in the building. Ms. Bazil stated this is a seasonal housing project and the Aspen Area Community Plan states more resident type housing in the community core is needed. Ms. Bazil said one agreement reached between the neighbors and the applicants was to have no on street parking by residents. Ms. Bazil said these residents are purportedly seasonal and do not come with cars. Ms. Bazil said the adjacent property owners would like to have no on street parking permits as well as the car share requirement. 18 Re!!ular Meetin!! Aspen City Council February 13. 2006 Phyllis Bronson, West Hopkins, said this has been a difficult process. The project is being thrust on the neighborhood. This is a quiet residential neighborhood; not a commercial neighborhood. Ms. Bronson said she feels as if she does not have control over the neighborhood. Ms. Bronson said she supports employee housing but she does not want 75 transients in her neighborhood. Ms. Bronson stated this building has not been well maintained and there have been many calls to the management as well as the police. Jane Erb, Cottonwood Condominiums, told Council their building has changed from rental to full time residents. Ms. Erb said the Holiday House has been mis-managed and calls to the police have been frequent and necessary. Ms. Erb said this project will change the character of the neighborhood. Ms. Erb stated she would like the FAR kept where the building currently is and the number of residents reduced. Marilyn Hill Harper, Cottonwoods, said the building is too massive and too dense both from the building and from the number of people. Ms. Harper said 19 parking spaces for 74 residents does not make sense. Ms. Harper said the alleys and streets are often full in this area. Councilman Torre moved to suspend the rules and continue the meeting to midnight; seconded by Councilwoman Richards. All in favor, motion carried. Barat Seert, Cottonwoods, stated parking in this area is a big concern. Jesse Boyce, West Hopkins, stated the Holiday House was too large to start with. Boyce stated past management has been a disaster. Increasing density over 64 residents is too dense. Ray Koenig, Cottonwoods, agreed the experience being a neighbor of the Holiday House has been very bad. Koenig said he would like the FAR reduced and the number of people reduced. Koenig said the bedrooms in the Cottonwoods face the Holiday House and when the cars on the alley start up, it is unpleasant. Henry Hite, property owner on Hopkins, said the residents love their area of Aspen. Hite showed all the single-family houses in the area. Hite said the Holiday House is a dump. Hite noted the current project is two buildings and the replacement is one building, which makes it look more massive. Hite agreed parking is impossible; the Molly Gibson lodge creates a lot of on street parking. Hite said it is imperative the project not be given on street parking permits. Hite said the Ski Company has been short sighted about housing their employees. Hite said he would like to see the building less dense with a better parking situation. Gerit Mauerhoff, Cottonwoods, told Council he has been physically threatened by Holiday House residents who parked in the Cottonwoods parking lot. Brigitte Starri said she cannot fathom a 75-person structure with 19 parking spaces. These residents have cars and guests. Toni Kronberg agreed there is a need for more affordable housing. This project is on the transit lines and the infrastructure is in place. Ms. Phelan entered an e- mail from Jesse Boyce and Phyllis Bronson into the record. 19 Re!!ular Meetin!! Aspen City Council February 13. 2006 Mayor Klanderud closed the public hearing. Corbin stated the applicants did agree to limit on street parking permits; however, P&Z did not put that in as a condition. Councilwoman Richards said she wants reassurance there will not be two people to a bedroom. Councilwoman Richards said there should be a separate listing of the on-site manager in the phone book, in perpetuity. Councilwoman Richards said she has concerns about how the roof is measured, flat versus pitched roof, and there should be a minimum of a pitch in order to qualify for pitched roof. Councilwoman Richards agreed the two buildings broke the mass on site up. Councilwoman Richards agreed this building should comply with the underlying FAR. This is an impact on the neighborhood. Councilwoman Richards said the applicants should look for a livable product, not just as many units as possible. Councilwoman Richards said residents in the AACP refers to year round residents. Councilwoman Richards stated there needs to be commitments regarding on-going upkeep on the exterior and interior of the building. Councilwoman Richards said some affordable housing projects have been allowed to deteriorate. Councilwoman Richards said this project needs to be smaller and she would like the mass broken up more. Councilwoman Richards noted the residential guidelines state there should be 6 entrances to a project and there are only two in this building. Steven Dunn, architect, told Council for height calculation, they took the existing grade between the two existing buildings and translated that to the mid-point of the center gable roof. Councilwoman Richards said this does not appear to be a peaked roof, which would get a higher roof. Councilwoman Richards said the community will have to live with this building for a long time and buildings shape the way people feel about their enviromnent. Mayor Klanderud said many then-seasonal residents have turned into full time residents. Mayor Klanderud stated being seasonal can be people with large houses or people in Aspen for the music season or people in lodges for two weeks. Mayor Klanderud said if this is not the place for seasonal workers, where is the place for seasonal workers. Seasonal workers make the resort community work. Mayor Klanderud said young people add to the vitality of the community. Mayor Klanderud applauded the Ski Company for doing this in the private sector rather than just letting the goverrunent construct all affordable housing. Mayor Klanderud stated she is not comfortable with 19 parking spaces. It is possible these employees will not have vehicles. Mayor Klanderud stated she could live with the extra FAR if there were the required number of parking spaces. Mayor Klanderud said ideally she would also like to see the FAR reduced to fit better in the neighborhood. Mayor Klanderud said this is an excellent location and employees living here will not be adding to the congestion on Main street. Councilman Johnson stated he supports the attempt to provide employee housing. Councilman Johnson said this building is large because of the addition of kitchen and living space. Councilman Johnson said this could be more dormitory-style with less FAR. Councilman Johnson said this building does not fit into the neighborhood and does 20 Re!!ular Meetin!! Aspen City Council February 13. 2006 not solve the problems it needs to. It does generally meet the criteria of AACP but does not meet the visual criteria or the criteria of quality of design; however, this is an appropriate use for the site. Councilman Johnson said he would like to see the building be more responsive to the other needs of the neighborhood. Ms. Willis told Council Ski Company employees want their own bedroom; it makes a better living experience. Councilman Johnson said he does not see a discrepancy between having one's own bedroom and having fewer shared spaces. Councilman DeVilbiss stated 19 parking spaces for this many residents is not enough and remote parking does not work. Councilman Johnson asked what it means to give conceptual approval. Councilman DeVilbiss read from the code that conceptual approval does not constitute final approval or permission to proceed with any aspect of the development but authorizes the applicant to submit an application for final review. Worcester said conceptual is a preliminary step to file a final application and an effort to give the applicant a chance to get comments from P&Z and Council before spending time on final design. Councilman Torre said he has issues with parking. Councilman Torre advocates limiting parking and would like to know if the applicants can regulate their residents not having cars. Councilman Torre stated he supports P&Z's request to comply with the code for FAR. Councilman Torre said the layout of the building would give residents space for overnight guests and will add to the density and the impacts of the immediate neighborhood. Councilman Torre stated he has problems with the architecture and that the front of the building looks like it should be the rear of the building. Councilman Torre noted the fact this is one building instead of two makes it read as a larger mass. Councilman Torre said he would like to see more integration oftypes of tenants and lifestyles. The design of a building can lend itself to how much of a party place it would be. Councilman Torre moved to suspend the rules and extend the meeting to 2 a.m.; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Johnson. Motion carried. Councilman Torre said he can support a project like this in this location in a different, slightly smaller configuration. Councilman Torre said if the applicants could figure out how to make this an auto-free project, he would support that. Councilman Torre said he would support no on-street parking passes and would support joining the car share program. Mayor Klanderud noted a major deterrent for driving is living close to work. Councilwoman Richards said she feels this needs to be the right scale, compatibility and quality appearance for this neighborhood. If the building is reduced, it will be more in line with the parking requirements. Councilwoman Richards moved to approve Resolution #9, Series of2006, conceptual PUD with the conditions that it be brought in line with P&Z recommendation; seconded by Mayor Klanderud. 21 Re!!ular Meetin!! Aspen City Council February 13. 2006 Mayor Klanderud said she does not agree with the P&Z recommendation about the prohibition against on-street parking permits. Councilman Torre said there are too many outstanding issues for conceptual approval. Councilwoman Richards withdrew her motion. Councilwoman Richards moved to continue Resolution #9, Series of2006, to March 13th; seconded by Councilman Johnson. All in favor, motion carried. Councilwoman Richards moved to go into executive session at 12:20 a.m. pursuant to C.R.S. 24-6-402(4)(a) acquisition of property; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman Johnson moved to come out of executive session at 12:50 a.m.; seconded by Councilman Torre. All in favor, motion carried. Councilwoman Richards moved to continue the meeting at 4 p.m., February 14, 2006; seconded by Councilman Torre. All in favor, motion carried. Council left chambers at 12:50 a.m. Kathryn S. Koch, City Clerk 22