Loading...
HomeMy WebLinkAboutminutes.council.19750421Mayor Stacy Standley, City Manager Mahoney, City Attorney Stuller and Councilmembers Behrendt, Breasted, Walls, Markalunas, Pedersen, and De Gregorio were present. City Manager Mahoney described past negotiations with the Post Office and Aspen One to the Council. The Post Office has agreed to mail delivery within a month or so. In the interim, Aspen One entered into negotiatiOns for a land trade. In a letter dated 4-11-75 addressed to the Mayor, Aspen One offered to trade a parcel of land 106,000 square feet for parcels designated A&B. In this letter, Aspen One agreed to escrow $227,000 for parcel B. It was their understanding they had fairly decent title to the land. Aspen One offered the City, beside the escrow amount, $200,000 cash. Councilman Behrendt asked what the costs to the City for street improvements, etc., would be. Mahoney said it would cost $90,000 to bring Rio Grande drive to grade not including blacktop. City Attorney Stuller advised Council of legal problems and risks involved in this trade with regard to Parcel B. If title was not resolved in their favor, an access road would have to be maintained, which would bifurcate parcel A. The County would like to acquire Parcel B and trade with the City in the future. City Attorney Stuller told Council if the City were to engage in land trade, we could protect our interests. WE could get the monies for the City but lose Parcel B. City Manager Mahoney pointed out the letter from Ron Austin about the Aspen One V. Pitkin County. City Manager Mahoney told Council the Planning Office and Engineering Department had re-designed the lines. The tract had been changed from 106,000 square feet to 104 square feet to square the lines up. City Manager Mahoney said it was up to Council to decide whether they wanted to trade for Parcels A&B and $200,000 cash plus escrow or to sell directly to the Post Office for approximately $800,000. Councilman Breasted asked about the title to Parcel A. City Attorney Stuller told Council the Northeast corner of the tract used to be an island, but was land filled to extent the boundaries. This risk of extended acreage is not covered by title insurance. The City could get waives from adjoining property owners that they will not contest the change in boundaries. Councilman Breasted asked what action is required to remove the lis pendens. City Attorney Stuller told Council she would probably go to Court as soon as possible with a motion of summary judgement. Councilman Behrendt asked if there was an established price for Parcels A&B; City Manager Mahoney said the price indicated for both pieces was $650,000. Mayor Standley told Council Aspen One wanted to get rid of A&B by trading with cash and then sell directly to the Post Office themselves. But Parcel B has a disputed title and is landlocked. City Attorney Stuller told Council she could attempt to get a summary judgement and sell directly to the Post Office and negotiate for Parcles A and leave Parcel B wherever it might be. Mahoney told Council that Parcel A contained 58,936 square feet and Parcel B contained either 36,735 or 37,462. There had been two different appraisals on this property. Councilman Behrendt asked if there were time constraints with regard to the Post Office. City Manager Mahoney said they were ready to go. Robert Grueter, representing Aspen One, told Council the law suit had occurred because of the referendum election in October 1974. He also told Council that there was no question of the title for Parcel A because of the landfill. When the Council zoned Grueter's client's land from C-2 to R-6, the land lost a lot of value. Councilman Breasted told Council he did not understand why the old alignment of the extension of Spring Street was changed. Planner John Stanford said the alignment was developed at the request of Council and developed by working with the Post Office. City Engineer Dave Ellis told Council the original alignment had Post Office on the Southwest side of the roadway. The Post Office didn't like that arrangement. City Manager Mahoney said Council did not want them to have access to Mill Street. Councilman Breasted pointed out the positive side, that the City existing building there which fronts on a public street; the negative side is that this building and the parking for the Post Office building cuts the public right of way off from the river. Breasted said the concept as the Planning Office developed it was the road was to have parkway character on the river side so that any future development that went on in the Rio Grande property would be to the southwest of the extension of Spring street. Everything to the river side was to be left open. Breasted said he saw fragmentation of the property going on and didn't like it. City Engineer Ellis pointed out that the Post Office is a municipal building and was put on the civic center side~ The road was moved closer to the river due to problems with reasonable alignment and grade problems. This particular alignment except for minor revision was developed in mid-July 1974 by working with Dick King, the architects and engineers based on the site area requirements. Breasted asked if there would be problems with the parking around the building. City Engineer Ellis said there were two different alignments, one goes closer to the river. This alignment is a very undesirable. It was rejected basically because the Post Office did not accept the location, access, nor area. Councilwoman Markalunas asked why the road went between the Post Office site and the river. Mayor Standley told Council that they had developed this plan in a work session. Planner John Stanford reminded Council they had reconu~ended this be a specially planned area; the sale would be contingent upon a master plan for the entire Rio Grande. Ellis told Council there had been no other drawings for this project made between July 1974 and March 1975. Councilman Breasted said he didn't agree with the site plan. City Manager Mahoney said the Post Office was planning a 20,000 square foot building on 104~000 square feet of land which would allow adquate parking spaces and open space. Councilwoman Markalunas said the extension of Spring street had always been between the Post Office site and the ri~er and how it has been flipped. Markalunas said that this was the City's property and the City should be allowed to plan the specially planned area, not the Post Office. If they don't like it the way the City wants it, they can figure out another place for the Post Office. Councilwoman Markalunas asked what the planning concepts behind cutting open space instead of going around so that a large tract is left. Councilwoman Markalunas wondered why this plan instead of Adam Kravatsky's. Councilman Breasted pointed out this is planning according to tradition, bargain and negotiate things away. Mayor Standley told Council they had three options, to decide upon: (1) land trade with Aspen One (2) sell directly to the Post Office (3) neither. Councilman Breasted said he felt whether the City sold or traded was not as important as where the road went. City Engineer Dave Ellis showed Council three drawings of different alignments for the road and explained the problems with each. One objection was that the entrance at Galena Street would conflict with a future City-County center. There were grade problems with th~ alignment that went to close to the stream bank. Another consideration was the fact that Galena street might be closed and the City would have to provide alternate access to the RBH building and other businesses in the area. Councilman Breasted said his vote was in favor of keeping very extensive river frontage that could be developed someday into a frontage park. City Manager Mahoney recommended to Council that if they value parcel A extremely highly and wanted to risk parcel B, then the City should make the land trade, but if the City doesn't want to get into a law suit with the County or adjoining with Aspen One against the County, then Mahoney recommended direct sale to the Post Office. COuncilwoman Markalunas asked if the City could deal directly with the Post Office and with Aspen One on the same basis that has already been established. Mayor Standley asked Council to resolve two questions for the April 28 agenda. (1) who favors a different alignment or different location, or does the majority of Council agree with what is proposed here (as is, red or yellow roads). De Gregorio, as is; Pedersen, land tess bifurcated by road; Markalunas, road closer to the river; Breasted, red alignment; Behrendt, stick with alignment as is; Standley, agree with alignment as is. Walls, abstaining. Mayor Standley suggested the Planning Department work up a new alignment on the road for Monday's Council meeting. (2) does the City want to trade land or sell directly to the Post Office; Breasted, sale; Pedersen, direct sale; De Gregorio~ trade; Markalunas, we can deal directly with the Post Office for $800,000 cash or trade for A and B and $200,000and they will escrow an additional $227,000 until such time as they prove they have a merchantable title to B; Behrendt, direct sale; Markalunas, directly with both groups; Standley, direct sale. Is direct sale contingent on consummating negotiations with Aspen One and City Attorney Stuller said those can be lateral .~egotiations. ZONING CODE The Planning Office presented four concerns with reference to the proposed zoning code for Council's consideration. 1) The Oden Property, behind the First National Bank Building. They have asked to be zoned C-l, t~he Planning office recommended that this be zoned Office to present too much development along Mill street which would generat a considerable amount of traffic in the vicinity of Mill and Main. 2) The Centre building at the base of Little Nell. This property is zoned Commercial/ Lodge with an F.A.R. of 2:1. The Planning Office is recommend~ing that this be zoned C-C, specially planned area as an interim measure until an appropriate zone is decided upon. 3) Specially Planned Area around the Rio Grande. This indicates that any development on this property has to be according to a master plan. 4) 2:1 F.A.F. in the commercial core. As a trade-off for not having to provide off- street parking, an additional 10% open space had been requested. The Planning Office feels this additional open space would decrese potential leverage in the future for having businesses join a parking district. The Planning Office also feels that the re- quirement for 10% additional open space will tend to make buildings higher. Councilman Walls pointed out 25% open space requirement was written when there were no Malls to provide open space. Perhaps this requirement ought to be revised for buildings on present or proposed mall. The 25% open space requirement seems excessive on top of the mall. Mayor Standley suggested 35% open space with 35 foot heighth restriction or 25% open space with 28 feet building heighth as an alternative. Yank Mojo, planning department, pointed out to Council that the 10 foot setback required for trash and access should not be counted as open space. Mayor Standley asked if the City had any leverage to make people join a parking district. City Attoreny Stuller opinioned the City could have people sign an agreement to join a parking district but could not require payments when the intent is not to construct a parking facility. Mayor Standley polled Council whether they want to go with 35% open space or 25% open space plus parking district. Behrendt, 35% open space; Markalunas, 25% with no parking district; Breasted, 25% and no parking district; Walls, 25% and no parking district; Pedersen, 35% and open space; De Gregorio 25% and no parking district; Mayor Standley 35% and open space. Question two; should the 10 foot setback be counted as open space? Behrendt, no; Markalunas, no; Breasted, no; Pedersen, no; De Gregorio, no; Walls, yes; Mayor Standley, no. Should the 102 block be changed from Commercial/lodge to Commercial Core-specially planned are? Behrendt, special district; Walls, specially planned; Breasted, specially planned; Markalunas, specially planned; Pedersen, specially planned; De Gregorlo, speciall planned; Mayor Standley, specially planned. The Oden building north of the alley behind the Vroom building proposed zoning is Office. Council recommended change to C-l; Planning Office would like to have this zoned Office and allow the handball court as an exceptional use. The planning office feels Office zone would be more compatible with the area and the F.A.R. would not be so dense. Under Office the building could be 26,000 square feet; under C-1 the building could be 38,000 square feet. John Stanford pointed out the Planning Office tried to establish a break between CC district and Neighborhood/Commercial. Mayor Standley polled Council. De Gregorio, C-l; Pedersen, Office; Walls, C-l; Breasted, Office; Markalunas, C-l; Behrendt, Office; Mayor Standley, Office. Mayor Standley asked Council if there were any objections to allowing the athletic club as a conditional use. There were none. Mayor Standley asked if there were objections to waiving the parking. Only Councilman Behrendt objected. Planner Stanford addressed the Council on short term leasing in the residential zones. The Planning Office supports the ~limination of this requirement as they feel this provision is not appropriate in a zoning code. The Planning Office does ~agree with the intent to limit tourist accommodations to the base of the hill. There was no disagree- ment on Council to remove this restriction. Yank Mojo explained to Council the Planning Office had changed the definition of parking space in residential district so that one could stack cars in a driveway. Cars cannot be stacked cars in M/~or Office district. Councilwoman Markalunas asked what the justification was to remove off-street parking in the C-C district and then impose a parking regulation in the residential areas. Mojo answered the C-C district had many people using many parking places throughout the day. The residential area is where the car lives, and it should be off the street where it lives. Councilwoman Markalunas questioned the rational of a parking space for every bedroom. Mojo said a four-bedroom house will easily generate four cars. Mojo pointed out to Council this provision was only for new houses. If a remodel increases the capactiy of the house, adequate parking will have to be provided. Councilwoman Pedersen said this requirement needed to be clarified as many people feel this requirement would be retroactive. This is only for new construction or if the capacity of the house is enlarged. City Attornley Stuller mentioned the code allowed the garage, driveway, parking apron or parking strip to be counted as parking spaces. Mayor Standley asked Council their choices (1) accept requirement as is, (2) cancel out parking requirement totally, (3) revise by Friday. Behrendt, accept as is; Markalunas, pull it; Breasted, accept it; Walls, pull it; Pedersen, revise by Friday; De Gregorio, accept as is; Mayor Standley, accept as is. Main Street - Planner Stanford traced the history of the zoning of Main Street. Planning Office feels the most rational approach would be zoning to existing uses; however, this would be a spo~ zoning type concept. Councilman Breasted pointed out that Main Street was an exceptional area and its characteristic should be retained. Councilman Breasted drew a parallel between Main Street and block 102 and the special relationships they each have to the entrance to town and the mountain. Councilman Bre~d said he would like to see some kind of review procedure. If the change in building or use is not justifiable or alters the character of the street, it should not be allowed. Mojo said a specially planned area zoning on Main Street would create an Ordinance ~19, Series of 1974, type situation. John Stanford reminded Council if a Victorian house asked for a historic desgination they would be allowed to put in offices. Councilman Walls suggested allowing new and remodeled structures on Main Street as long as they retain a residential character. Mayor Standley pointed out the goals and objectives for Main Street were to maintain the image and historic character and keep Main Street viable as a major thoroughfare for east/west traffic. Us~s that generate traffic need to be eliminated. Councilman Breasted suggestedamiddle ground for Main Street to combine dwelling units, restaurants and Offices which would address the special character of Main Street. Councilman Behrendt indicated he favored light office use with historic desgination for Main Street. Councilwoman Markalunas said she didn't like Main Street tied strictly to residential, the area should be mixed. Councilman Walls agreed with mixed uses for Main Street but said there should be no retail uses on this street. Councilwoman Pedersen also wanted to keep the scale of Main Street with mixed uses and absolutely no retail uses. Councilman Breasted indicated that height and bulk restrictions should be placed on Main Street, which would fit in with review procedures. Mayor Standley affirmed that Council agreed to a commercial service area without retail and with a special review procedure. Councilwoman Markalunas brought up the R-15 zone strip on the~W~st end of town along the Midland right-of-way. Planner Stanford pointed out the P & Z recommended R-6. The property is basically in large ownership and is adjacent to the county which is zoned R-15. Councilwoman Markalunas asked about the four lots. You cannot create non-conforming lot in half block along that strip. Under R-15 these nine lots cannot be used and the small lot provision is for land undar individual ownership. Councilman De Gregorlo directed that this land be re-zoned R-6; Councilman Behrendt, no; Councilwoman Markalunas, would be more restrictive zoning; Councilman Breasted, yes; Councilman Walls, yes; Councilwoman Pedersen, yes; Mayor Standley, yes. Councilwoman Markalunas brought up the zoning for the Koch lumber property which is presently zoned R-6. The Koch lumber property is zoned R-6; the Council recommended it be zoned R-15. Councilwoman Markalunas pointed out that all area around this property is zoned multi-family and lodge and questioned why R-15 for this sliver of land. Mayor Standley asked Council if they objected to R-6 zoning; De Gregorio, nQ; Pedersen, no; Walls, make it what is across the street; Breasted, no; Markalunas, multi-family; Behrendt, R-6; Standley, R-6. Planner John Stanford told Council that the Rio Grande property had been recommended as a specially planned area which required that the property be developed only on adoption of a master plan for the entire proposed site. Councilman Breasted said he was in favor of the area being planned and sell to the post office provided some plan reviewed and approved by the P & Z and that the ciruculation problem is worked out. Mayor Standley asked if what the Council had asked the staff to do in regard to the p~st office alignment wouldsatisfy these requirements. Breasted said the entire area should be completely looked at and planned before selling directly to the post office. Sale to the post office shouldnot jeopardize specially planned area and vice versa. Councilman De Gregorio asked if the Council zoned this SPA, didn't it prohibit selling to the Post Office. City Attorney Stuller told council in an SPA, a building permit could not be issued until the entire area was master planned to Council's satisfaction. Councilwoman Markalunas asked what other options there were for this area. John Stanford said it could be zoned Public and Park. Mayor Standley told Council if the City got going, they should be able to come up with a master plan. Councilman Breasted said he felt planning for this area should be done without this kind of pressure ........... John Stanford told Council the planning process would be going back and looking at the Adam Kravatsky plan and identifying the problems within that plan and revising it, and then presenting it to P & Z. Stanford suggested a study session with the P & Z to get some consistency with regard to the future development of the Rio Grande property. Mayor Standley asked Council for their feelings on the zoning of this property. Everyone said it should be zoned specially planned district. John Stanford brought up the F.A.R. in the Service/Commercial/Industrial area. · he Planning Office intially recommended a F.A.R. of 2:1; the Council had recommended it be reduced to 1:1. Councilman Behrendt, 1:1; Councilwoman Markalunas 1.5:1; Councilman Walls, 2:1; Councilwoman Pedersen, 2:1; Councilman De Gregorio 2:1; Councilman Breasted 2:1; Mayor Standley 2:1. Councilman Breasted suggested asking the post office to work with the City to the extent that they can in this specially planned area. Councilman Walls said the post office is prepared to do this but there were some time restraints on the post -'office. K ~hryn S~ Ha~te~/ City C~ierk