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HomeMy WebLinkAboutminutes.council.20060313 Relwlar Meetine Aspen City Council March 13, 2006 PROCLAMATION - Shining Stars ...................................................................................2 COMMUTER ALL STAR AWARDS ...............................................................................2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ................................................................................................... 3 RESOLUTION #13, SERIES OF 2006 - Contract to Purchase Open Space, Smuggler Mountain............................................................................................................................. 4 RESOLUTION #14, SERIES OF 2006 - Amendment Wind Generated Energy Agreement MEAN.............................................................................................................. 4 RESOLUTION #9, SERIES OF 2006 - Holiday House Conceptual Poo........................ 4 ORDINANCE #2, SERIES OF 2006 - 202 N. Monarch, Blue Vic Subdivision............... 5 ORDINANCE #3, SERIES OF 2006 - 522 West Francis De-listing from Historic Inventory ........................................................................................................................... 15 RESOLUTION #15, SERIES OF 2006 - Endorsement of Fire Station COWOP ........... 17 RESOLUTION #16, SERIES OF 2006 - Fire Station Lease Extension.......................... 20 1 Reeular Meetine Aspen City Council March 13, 2006 Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Torre, Johnson, Richards and DeVilbiss present. PROCLAMATION - Shining Stars Mayor Klanderud and Council proclaimed March 17 through March 24 as Shining Stars Winter Kids Weeks to recognize the great work of this program for children with cancer and to give them a positive outlook and hope. Kathy Gingery, representing Shining Stars, said almost 60 kids come from Colorado and the Roaring Fork Valley and it is made possible because of all the efforts and generosity of people in the valley. COMMUTER ALL STAR AWARDS Lacey Gaechter, environmental health department, told Council her department in conjunction with the transportation options program recognizes employees who have walked, biked or bused to work the most days in the last quarter. The commuter all stars for the last quarter are Nathan Hale, finance department; Tom McCabe, housing department, and Denis Murray, building department. All 3 winners each kept at least 100 pounds of C02 out of the air by taking alternative transportation to work. CITIZEN COMMENTS 1. Bob Nix requested Council schedule a public hearing on his notice of appeal and was told by Chris Bendon, community development department, that it will be April 10th. Nix said he does not feel the filing fee of$600 applies to his appeal. Nix said he would prepare and pay Y, the cost of publication. Nix said the code section 26.316.030, under which he is appealing, stays the proceedings unless the community development director prepares a letter that staying the proceedings would be a problem. 2. Adam Hancock, ACES education director, told Council they are working with the city and the Ski Company to put on an Earth Day celebration that is reflective of the community's commitment to the environment. Hancock said there will be two races on Earth Day, April 22, a 5 and a 10K; ACES will have an open house all day and the Ski Company has donated Bumps for a community celebration with music and speakers. Jackie Francis requested a donation of $10,000 from the city to help with this event. Mayor Klanderud noted there is a grants process for non-profits to apply for city money. Ms. Francis noted this opportunity just came up and if the event is successful, they will apply through the grant process in the future. Mayor Klanderud said Council will discuss this event at their work session March 14th. 3. Toni Kronberg said many affordable housing projects are under parked. Ms. Kronberg said she would like to talk to someone about finding extra parking spaces at Burlingame seasonal housing. Ms. Kronberg asked when the AACP will be re-examined. Mayor Klanderud said there is no plan to update the AACP at this time. Ms. Kronberg said at the last meeting she brought up hiring a pool consultant before the public process to design the new outdoor swimming pool. Ms. Kronberg requested Council reconsider 2 Reeular Meetine Aspen City Council March 13, 2006 hiring a pool consultant. Mayor Klanderud said if staff and the ARC Advisory committee decide some level of consultant services is required, they can bring this request to Council. Mayor Klanderud noted Council has decided not to go with a consultant at this time. COUNCILMEMBER COMMENTS I. Mayor Klanderud said the community has recently lost two committed citizens, Jon Siegle and Harold Whitcomb. When Aspen loses people who have given so much, there is a vacuum. Both community members will be missed. 2. Councilman Torre said Council supported HBO Comedyfest both financially and with space in Wagner Park. Councilman Torre congratulated Comedyfest on an event very much in keeping with the spirit of Aspen. Councilman Torre said one of the events he attended was the Center for American Progress giving out a free speech award. 3. Councilman DeVilbiss noted a lot of good work goes on in City Hall and he would like to recognize Mayor Klanderud' s letter of March loth to Mead Metcalf as thoughtful and informative. 4. Councilwoman Richards reported March 1 st she attended the Ruedi Water and Power Authority meeting. The main thrust of the meeting was the statewide water supply initiative, which is to review how much water is available in every basin and to look at potential growth in these basins. R W AP A feels this may be a prelude to water diversions. Councilwoman Richards requested a work session with all interested parties to get updated on this process and to give direction to the city's representatives. Councilwoman Richards said there was also a report from the Roaring Fork Watershed collaborative, which is a coalition of partners throughout the valley. RWAPA would like to see their work plan with more details and a budget. 5. Councilwoman Richards said she attended a Club 20 subcommittee meeting on public lands. This committee worked to develop a compromise on the endangered species act. Councilwoman Richards noted she will be attending the Colorado Association of Ski Towns legislative dinner in Denver Thursday if Council has any topics they would like brought up to forward them to her. CONSENT CALENDAR Mayor Klanderud pulled Resolution #13, Contract to Purchase Open Space and Resolution #14, Amendment Wind Generated Energy Agreement with MEAN. Councilwoman Richards moved to adopt Resolution #12,2006 - Contract Wheeler Electronic Media and the February 27,2006 minutes; seconded by Councilman Torre. All in favor, motion carried. 3 Reeular Meetine Aspen City Council March 13, 2006 RESOLUTION #13, SERIES OF 2006 - Contract to Purchase Open Space, Smuggler Mountain Brian Flynn, parks department, told Council staff and the Open Space Board have been working for the past year to acquire property on Smuggler Mountain. The city and Council were successful in purchasing Wilk Wilkinson's property on Smuggler. This contract is to purchase 3 parcels, 24 acres, of the more visible land on Smuggler. This purchase will protect the view plan, recreation benefits, and wildlife habitat. Dave Mylar, representing Smuggler Ridge Associates, told Council his clients had 3 mining claims under contract. This contract is the culmination of a long effort where everyone's interests can be served with this open space acquisition. Mylar said his clients will get tax deductions and they will have to hold onto the property until 2007 for those to be in effect. Councilwoman Richards thanked everyone who worked on preserving Smuggler especially the city voters who approved an additional Y, cent sales tax in 2000 for open space purchases. Councilman Torre moved to approve Resolution #13, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. RESOLUTION #14, SERIES OF 2006 - Amendment Wind Generated Energy Agreement MEAN Phil Overeynder, utilities director, said this contract increases the wind energy purchases by an additional 750,000-kilowatt hours. This is added to the 14.5 million kwh wind energy the city already purchase and will take this up to 27% of the total annual energy purchases. Overeynder said this contract had to be effected today as someone else was in line to purchase this available wind energy. Councilman DeVilbiss moved to adopt Resolution #14, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #9. SERIES OF 2006 - Holiday House Conceptual PUD Jennifer Phelan, community development department, told Council the applicant requests a continuance to April 24 to continue work on this project. Mayor Klanderud commended the Aspen Skiing Company for coming forward to develop affordable housing for their employees. Mayor Klanderud said she hopes between now and April 24t\ concerns with the neighbors can be worked out. Councilman DeVilbiss moved to continue Resolution #9, Series of2006, to April 24t\ seconded by Councilwoman Richards. Councilwoman Richards said this is a great neighborhood and she would like to see the Ski Company look at ownership-type units for long-term employees in this location. Councilman Johnson noted he supports the Ski Company's efforts to develop housing on 4 Reeular Meetine Aspen City Council March 13, 2006 this site. Councilman Johnson said his concerns were directed at architectural representations in the plan. All in favor, motion carried. ORDINANCE #2. SERIES OF 2006 - 202 N. Monarch, Blue Vic Subdivision James Lindt, community development department, reminded Council this is a subdivision request on property with two different zone categories. At the last public hearing, Council requested the applicant study the possibility of TDRs for lot 1 and approaching the neighbors to buy down the excess development rights on lot 1. Stan Clauson, representing the applicant, told Council the applicants explored TDRs as well as an open space purchase involving the neighbors. The results are summarized in a letter to Council dated March 3. Clauson said nothing works from a financial feasibility standpoint to either acknowledge the value of the property or to cover the cost of rehabilitating the existing house. Clauson said Council requested the alley and driveway locations be staked. The edge of the alley was staked, both at 16' and 20'. 20' is the width of the right-of-way. The concept is to open the alley from Monarch to where the slope falls away and have it be 16' wide. The proposed driveway off Bleeker street was also staked. The existing curb cut would be closed and a new 12' curb cut would be installed at the east end oflot 1 on to Bleeker street. Clauson noted having the curb cut on Bleeker moved to the west is at a flatter spot. Clauson reminded Council the original application requested an alley off Monarch be opened to provide access to lots 1 and 2 and the curb cut on Bleeker would be closed and a sidewalk installed. After P&Z meetings, the applicants developed a split access between residential and mixed use. The residential access would be off Monarch and the mixed-use access would be off Mill street. The applicants met with HPC in a work session, which supported that concept. Clauson noted the applicants presented another plan with no access off Monarch and a paved access to the residential off Bleeker street and the mixed-use access from Mill street. The existing house would have to be moved forward to accommodate a driveway off Bleeker street. Clauson said opening the alley off Monarch street would allow for access to neighboring parcels without having a curb cut for a driveway. Clauson said any of the access alternatives is acceptable to the applicant. Clauson said this subdivision application meets the appropriateness of subdivision regarding the review standards. Clauson said the review standards are direct and straightforward and state the proposed subdivision shall be consistent with the Aspen Area Community Plan. This subdivision does not contravene that plan. The proposed subdivision will be consistent with the existing land uses. The subdivision proposed a mixed-use lot adjacent to existing mixed uses and a residential lot adjacent to residential uses. The plan is consistent with the character of existing land uses. Clauson said regarding future development of surrounding areas, there is no adverse affect; there is nothing that will prohibit additional residential development or rehabilitation of 5 Reeular Meetine Aspen City Council March 13, 2006 residential properties; nothing that will prevent rehabilitation of adjacent mixed-use properties. The proposed subdivision is in compliance with all applicable provisions of the subdivision title of the code. Tim Semrau, applicant, stated regarding using TDRs, there have been no TDRs sold in the city. There are some under contract and the current value is about $75,000/TDR. There is a possibility of 7 TDRs on this property. Semrau said all neighbors except Hodgson declined to participant in purchasing this to preserve it as open space. Semrau noted there are 4 access points to the property, upper and lower alleys, Monarch and Bleeker. Semrau said the Mill street alley is the best option to serve the commercial property and has many benefits. This access would open up the circulation for the KSNO building and puts cars underground, out of sight. This will lead to one alley in the future. Semrau agreed the Monarch street is a wonderful corridor. The Bleeker access diminishes the historic asset, with which HPC agreed, and it makes on site parking a little more difficult but it is an acceptable alternative. Semrau said if Council decides to close the Monarch alley, he would like some assurances made that it will remain closed. David Eisenstein, representing Tim Semrau, noted any encroachments or agreements with the neighbor to the north should be cleared up. Eisenstein said Tom Smith stated the subdivision should be denied because architectural drawings have not been submitted. Eisenstein stated there is no requirement for plans to be submitted for subdivision approval. Staff certified this application complete. Eisenstein said Council made no decision about the access or whether to close Monarch alley. Eisenstein reiterated this is property with split zoning, which zoning is adopted after site planning. This property has been zoned the way it is for some time and it is appropriate that part of it should be used as mixed use and part of it for residential. To north and west are residential uses and to the south and east are commercial uses. A mixed-use designation is a buffer between residential and commercial and a transition to the historic structures. Councilwoman Richards asked the maximum height in the mixed-use zone. Lindt said it is 32'. Councilwoman Richards asked the rear setback. Lindt said it is 5'. Councilwoman Richards pointed out there will be a building to the east of the historic building within 5' of the property line that is 32' high. This will change the perception of the historic building from Monarch. Semrau noted HPC has review over the mixed-use building and a building cannot be 5' away and 32' by right; it is up to HPC. Councilwoman Richards agreed with Tom Smith about presentation of new materials at the beginning of the second public hearing. The materials were not available for the public to review and analyze. Councilman Johnson asked ifthe alley on the west side of Monarch is paved. Staff said it is dirt. Councilman Johnson asked the city's policy for paving alleys in the west end. Amy Guthrie, community development department, said the preference is to leave alleys unpaved unless the neighbors get together and request this. Councilman Torre asked if access off Bleeker could work for both parcels. Semrau said it would take two curb cuts, one lower for the mixed-use building and a driveway curb cut for the residential. 6 Reeular Meetine Aspen City Council March 13, 2006 Mayor Klanderud said she would like to have a public hearing limited to the new information presented at the last meeting. Mayor Klanderud said Council had consensus on the Monarch alley at the first meeting but did not take formal action. Councilwoman Richards noted her motion at the first meeting that the Monarch street access was no longer part of the discussion and the applicants were to bring back opening up a Mill street access. Councilwoman Richards said she feels this public hearing should be open to all discussion. Council agreed this should be a complete public hearing. Mayor Klanderud opened the public hearing. Ruth Harrison said opening up Monarch and making it a driveway makes no sense. The access should be through places that are more commercial. Ms. Harrison said it is premature to judge an alley opening with new owners of the Hodgson house as they will probably own it for years and years. Ms. Harrison said it does not make sense to open an alley for the good of one or two people when hundreds of people walk by and appreciate the beauty of the open space. Tom Smith, representing the Hodgsons, said he submitted a letter dated March 3. Smith reiterated this alley is not like most alleys because the alley runs perpendicular to the street and the alley is a dead end and will not serve a public purpose. This would be a driveway, not an alley. Smith noted the parking pad will be removed; the Hodgsons are not asserting any permanent rights. Smith said statements have been made that alleys are a requirement and his letter refutes that stating alleys are not required ifthere are other provision for access. Council has the discretion to decide among the options for the access. Smith noted the grade is non-existent in the area in which the curb cut is proposed on Bleeker street. Smith agreed the subdivision regulations do not require a detailed plan; however, there are circumstance in which these plans are not critical for Council's decision. Smith stated it is their position that a mixed use commercial building and with a potential for a further subdivision oflot 1, Council does not have enough information to determine whether the alley should be open or whether the subdivision application is appropriate because one cannot tell the ultimate use of the property. Smith said it is common in development applications for access to be undetermined until there is an approval. Phil Hodgson said he submitted a letter to Council. He also submitted a bird's eye view map showing the Blue Vic and the alley running all the way down and stopping at Monarch street where it is closed now. Hodgson said there was an 1890 photo, and 1892, a deed about the alley. Hodgson said the alley should remain closed as it would be open space and breaking up the mass of construction. There is an HPC guidelines, revisions or additions to the landscape should be consistent with the historic context of the site, which is it should stay the same. Hodgson told Council he went through the 9 examples of alleys brought up at an earlier meeting and submitted pictures in the packet. Hodgson said he and his family intend on staying in this property; this is a home. Hodgson reiterated he will remove the parking pad off Monarch. Hodgson noted moving a historic house is discouraged unless it is the only viable option. The only viable option for moving 202 North Monarch would be to accommodate the driveway off Bleeker street. 7 Reeular Meetine Aspen City Council March 13, 2006 Hodgson said he sent pictures of the tree, which protrudes 5' into the alley. The Hodgson house is 11' feet from the alley. Hodgson told Council he did make a cash offer to Semrau for the open space. Bob Limacher said if the city uses this alley as a driveway to this property, the applicant will drive in and make a right turn and park. Limacher asked ifthere is a buildable parcel. Semrau said there is. Limacher said the guidelines state the goal is to have the parking behind the structures but another primary concerns is where it states "to minimize the impacts of that parking". Limacher said he cannot see how that plan would minimize the parking. It would minimize the parking to use Bleeker and pull in behind the houses. Joe Krabacher, Jerome Professional Building east ofthe new lot, said his preference would be not to develop the mixed-use lot; however, it is zoned mixed use and is developable. Krabacher said the issue is whether to approve subdivision of this lot; some of the comments pertain to HPC on the residential lots. Krabacher said from personal observation is that Bleeker does not get much sun; it is a slick street; traffic backs up trying to get onto Mill street. Krabacher said trucks have run into and hit the Jerome Professional Building. Krabacher said his concern is putting too much access off Bleeker. Residential access may be acceptable with one access point. Sara Kuhn told Council she attended school at the Red and Yellow Brick schools and has worked at ACES. Ms. Kuhn said this is a beautiful area and she would not like to see an alley there. Ms. Kuhn said she hopes Council chooses not to open it up. Junee Kirk said Council needs to look at preserving this area of the west end which serves as a gateway to the Victorians and is one of the most beautiful areas of the west end. It would ruin the integrity of the west end by developing this lot. It there is a development allowed, it should be small Victorians to fit in with the size and scale ofthe west end. Ms. Kirk said this is the last place that can be considering as saving the town. David Hyman said most compelling issue is that both interested parties prefer not to open the alley. Hyman noted there are various alternatives for access and both neighbors would prefer not to open the alley. Helen Palmer said she has not found on any historic maps or photographs of Aspen that show this alley has ever been open. Ms. Palmer said the platted end of the alley has never been used as an alley and there is no need to open it now because there are alternatives. Hayley Pace said she is concerned about safety of children using this area and Monarch street. Children going from the Red and Yellow brick buildings to ACES and to the library use this street. Opening the alley will introduce more traffic onto Monarch street and will compromise safety of pedestrians and bicyclists. Dennis Cyrus, caretaker of house on northwest corner of Bleeker and Monarch, said ifthe access is behind the house off Bleeker, it could be used to access the lots to the north without interrupting the historic aspects of Monarch street. It makes more sense to have the alley between the residential and commercial lots. Walt Madden said if the alley is opened, it becomes the responsibility of the taxpayers' to maintain for a private driveway. 8 Reeular Meetine Aspen City Council March 13, 2006 Madden said it makes more sense that the driveway come off Bleeker and that is be the responsibility of the property owner. Bert Myrin said there were discussions over the last two weeks that the alley owned by the city be turned into a public park, a 20' wide pocket park not using any of the private property. Myrin said the community can continue to pursue TDRs or raising money to see if more can be preserved as green space. Myrin said there are a lot of development rights for the mixed-use parcel. If the land is subdivided it can no longer be used as a tool to preserve the house and the open space. Myrin requested Council not foreclose the possibility of making this a pocket park. Matt Pace said it would be great to leave the alley green. The city could purchase a portion ofthe property and leave this area open. The city prides itself on leaving the environment open and green and this should be left green not asphalt. Lisa Markalunas said the access off Bleeker street is far superior to the rear of the historic buildings. It is less impacting and gives more of an alley access. Toni Kronberg said the subdivision being requested involves a historic landmark. Ms. Kronberg said there is contradiction in the zoning, the Aspen Area Community Plan and HPC. Council has looked at an ordinance regarding which set of rules a developer follows; subdivision, HPC, design review standards. Ms. Kronberg said subdivision approval is premature when Council is looking at access and the driveway and creating a development right. Ms. Kronberg said the historical significance of this property has to be reviewed by HPC before subdivision. Ms. Kronberg said streetscapes, landscapes and community character should be addressed. Ms. Kronberg submitted a Sanborn map and read from the HPC guidelines about moving historic structures. Wyley Hodgson told Council before Nick Adeh left the city, he stated his concerns about the driveway off Bleeker were its location, not the proposed location to the west. Hodgson noted the Sandborn map submitted at the last meeting was a 1904 map and he submitted a Sandborn map of a different year. Hodgson presented photographs of pictures taken in the west end of unopened alleys, which are shown as open on the Sanborn map. These photos also show the value of this land as open space. Hodgson said this alley has value for turning this area into a park. Hodgson said he has concerns about the tree, which has a large root system, and if the alley is opened it may kill the tree. The tree has been in this location since the turn of the century. Lindt entered letters from Bill Stirling, James and Hensely Peterson, John Markalunas and Julie and Marshall Hall for the record. Mayor Klanderud closed the public hearing. Semrau read from the AACP, item 5 in the action plan, allow easier subdivision of properties in the historic townsite and allow for infill development. Clauson reiterated the applicant is happy to use the alternate access off Bleeker street. The staking on site shows that access to be possible. Clauson said any movement of the historic house would be subject to HPC review; any lot split would be subject to HPC and Council review. The development of the mixed-use site would require a growth management approval, 9 Reeular Meetine Aspen City Council March 13, 2006 subject to P&Z and Council review. Clauson stated for the subdivision, the requirements of the code have been met. Eisenstein stated this application is for a subdivision to subdivide the 5 lots into two lots, lot 1 with 3 lots zoned residential and lot 2 with 2 lots that is zoned mixed use. Council has to make a decision on where they think the access for this subdivision is appropriate. Eisenstein said there has been no evidence presented to Council showing that the subdivision should not be approved. Staff as well as P&Z have indicated the subdivision meets all the criteria. Mayor Klanderud asked if the city attorney agreed the subdivision could be approved without a decision on the access. John Worcester, city attorney, told Council the alleys are intertwined with the subdivision regulations. One cannot subdivide property and create new lots ifthere is no access to the lots. The applicant is requesting subdivision of land into 2 lots. The city's regulations require before the property is subdivided, the remaining parcels have access. If Council subdivides the properties, the applicant is entitled to legal access to the properties. Councilwoman Richards moved to adopt Ordinance #2, Series of 2006, on second reading changing Section 7 to eliminate the sentence regarding the Monarch street access inserting a sentence stating "vehicular access to lot I shall be provided by a new driveway off of Bleeker street as submitted by Stan Clauson and associates"; seconded by Councilman DeVilbiss. Councilman Torre said he prefers a shared access for both lots off Bleeker. Councilman Torre said a hardship for access does not seem justification to open an alley that is not currently in use. Councilman Torre stated he would not support vacation of the Monarch alley. Councilman Torre stated he supports maintaining that alley as green space. Councilman Torre said opening this alley is a long length for the city to provide a more desirable access when sufficient access can come off Bleeker. Councilwoman Richards said her support of the Mill street access for the mixed use is because of the level of activity. Councilwoman Richards said she is familiar with Bleeker street and she would support residential access off Mill street because of the proximity to all locations in town. Councilman DeVilbiss said if Council does not approve access off Monarch, the applicant has requested some guarantee that the alley will remain closed. Councilman DeVilbiss said he does not think Council can make that guarantee. Councilman DeVilbiss stated the alley has been used by the Hodgson with a parking pad. The sign on Monarch says "no parking in driveway" and that is not a driveway. Councilman DeVilbiss said both the alley off Monarch and the alley off Mill street are being used by adjacent property owners and these are city property. Councilman DeVilbiss stated the city should reclaim public property. Mayor Klanderud agreed those are public property and any existing encroachments on either of these alleys should be removed. Mayor Klanderud said a 20' green space does not make a pocket park and does enhance the neighborhood for residents. Mayor Klanderud said she does not support using city open space money for this green space. 10 Reeular Meetine Aspen City Council March 13, 2006 Mayor Klanderud pointed out there are garages, curved parking areas and curb cuts across the street for these properties so it is not completely pedestrian friendly. Councilwoman Richards said she would support the city retaining the alley easement and not opening the alley. In the future both parties may agree they want the alley opened for access to each property. Councilwoman Richards agreed the parking pad should be removed; however, that is not a determination for the best access. Councilwoman Richards said she does not see the alley opened as a public benefit. Opening up this alley will make a funny view plane from the east. Leaving it closed makes it a green buffer. Councilwoman Richards stated this discussion shows how important small places are to residents. Mill street is a mixed-use corridor and access off there for the commercial building is reasonable. Councilwoman Richards said without more information, she cannot tell whether this is in keeping with the residential character or not. Mayor Klanderud asked if the house is moved to accommodate the access from Bleeker, will there be a problem with the setback requirements. Clauson said there will not be. Lindt told Council on a corner lot, one has a front yard setback and the applicant gets to choose which side is the front yard setback of 10' and an alternative front yard setback which is 2/3 of the required front yard setback. Clauson noted the renderings show the blue Victorian moved to the west to line up with the house to the north. Clauson said it is possible not to move the house as far to the west. None of this would happen without HPC approval. Mayor Klanderud asked about the condition in Section 13 and deed restriction against further subdivision. Mayor Klanderud said she would prefer not to have the lot be less than 6,000 square feet because someone may argue in the future that the lot can still be subdivided. Clauson said the applicants are amenable to a deed restriction against further subdivision with the addition of "except for condominiurnization", which is a subdivision process. Mayor Klanderud noted the entire parcel could have been condominiurnzed without this process. Lindt said condominiumization would not have allowed development of parcel 2. Mayor Klanderud said she would have liked the applicant to come forward with the entire development outlined, showing what ultimately could have occurred. Mayor Klanderud said she is a proponent of keeping the historic building where it is located. Councilman Johnson asked ifthere is a minimum width for an access. Lindt said the fire marshal has concerns about a minimum width for access to the rear of lot 2. The fire marshal said he feels he cannot serve a larger mixed-use building from the Mill Street alley because of the grade change. The minimum width is 12'. The preference of the fire marshal would have been access to both parcels from North Monarch. Councilman Johnson said his preference is to preserve as much as possible what exists on the site right now, including the alley remain closed and the open space remain undeveloped and that the house not be moved. Councilman Johnson said purchasing portions of this property would be the most expensive open space in the city. Councilman Johnson said he would work with the neighbors and the city if there were to 11 Reeular Meetine Aspen City Council March 13, 2006 be an effort to purchase the property. Councilman Johnson said Council has to follow the land use code. Councilman Johnson said through letters and public testimony, Council is being asked to preserve the prerogatives of one landowner by denying the prerogatives and rights of another landowner. Councilman Johnson stated the issue is not whether the alley has ever been opened but whether it should be. Councilman Johnson said he has looked at 3 pieces of evidence, one of which is the 1890 to 1904 Sandborne maps which may not show an opened alley but do show a pattern of development on the Elder property which indicates the expectation an alley would be opened. Another is the letters from Smith and Hodgson stating in the 1990's there was a request for parking on the Hodgson property and the city giving approval of parking on that alley, which seems to be recognition if there is to be a curb cut it should happen on the alley. Councilman Johnson said this seems to be a recognition the alley could be open. The photo of a sign "Do Not Park in Driveway" seems to acknowledge the parking pad is a driveway and the alley is in some use. Councilman Johnson said the purpose of alleys is to decrease the number of curb cuts, which is a public benefit. Councilman Johnson stated alleys provide access, not open space, which is why alleys were platted. Councilman Johnson said not opening the alley may have been a result of the economic devastation of the failure of silver. Councilman Johnson said if Council approves opening this alley, it should remain dirt or not paved, which may eliminate the tree issue as the surface will be pervious to water. Councilwoman Richards noted no one has spoken in favor of opening the alley; the applicant stated they would be satisfied with the Bleeker street access. Councilwoman Richards said she would not want to vote for a situation that created conflict in the neighborhood. Councilwoman Richards said the best way to preserve the open space is to leave the alley undeveloped and leave the neighborhood time to work on a solution. Councilwoman Richards said this is a significant piece of property with moving pieces, historic structures, possible lot split, that Council should see the entire plan to determine whether the access decision would negatively impact future development potential and negatively affect the character of the neighborhood. Councilman DeVilbiss stated he supports Councilman Johnson's logic as well thought out and well stated. Mayor Klanderud agreed Council does not know if this is consistent with the neighborhood because they do not know the entire development. Mayor Klanderud stated she supports access for the mixed-use parcel from Mill street. Mayor Klanderud said keeping the Monarch street a public alley protects property on both sides because of the setbacks to either side. Mayor Klanderud said she does not feel this property would be used by the public as a park. It does not make sense for the city to purchase TDRs and hold them for the benefit of private property owners. Councilwoman Richards said she does not support the ordinance as written because she does not support the Monarch street access. Councilwoman Richards said the subdivision will be approved or not based on the motion on the floor. 12 Reeular Meetine Aspen City Council March 13, 2006 Councilwoman Richards withdrew her motion and moved to amend the ordinance to have a Monarch street access to the residential lots if they go forward. Roll call vote; Councilmembers Torre, no; Richards, no; Johnson, no; DeVilbiss, no; Mayor Klanderud, no. Motion NOT carried. Mayor Klanderud asked if the applicant is willing to come back with a more comprehensive application. Semrau said he would like Council to be specific because everything has to go through several layers of review. Semrau said he has done everything required by the code. Mayor Klanderud asked if the applicant were willing to deed restrict lot 1 to further lot split. Semrau said there is 4,080 FAR allowed on the residential lot and one can expand the historic house or make two houses. Semrau said one large house would diminish the historic resource and two houses of2,040 square feet would be preferable. Semrau outlined on the rendering where access, driveway, garage and houses could be located using the Monarch access or the Bleeker access. Councilwoman Richards said she is concerned about granting the subdivision without a master plan for the site and without moving the historic house, the open space aspect from the back will be gone because it will have a mixed use building on it. Councilwoman Richards said she would like to see how far to the west the historic house would move to retain the open space. The garages could block some of the negative aspect of the mixed-use building. Councilwoman Richards stated she supports the Bleeker street access and the applicants have stated they would be comfortable with that access. Councilwoman Richards said she does not want to see the historic building pushed back on the site. Looking at all the pieces on a complex parcel makes sense not to foreclose better planning. Councilman DeVilbiss said he does not feel there is a fair basis to deny a subdivision application. Councilwoman Richards said criteria numbers 2 and 3, the proposed subdivision shall be consistent with existing land uses in the area, Council does not know this will be consistent with the historic west end neighborhood. #3 states the proposed subdivision shall not adversely affect the future development of surrounding area and Council does not know that. Councilman Johnson said he is willing to look at changing the subdivision code in the future. Councilman Johnson moved to adopt Ordinance #2, Series of2006, amended to delete the paving aspect in Section 7 of the alley portion from Monarch so that it is pervious and access to lot 2 off Mill street should be paved; seconded by Councilman DeVilbiss. Mayor Klanderud asked if this requires a sidewalk on Monarch. Lindt said the ordinance requires the applicant to sign a curb and gutter agreement to put a sidewalk in the future. Councilwoman Richards amended the motion to eliminate the access on Monarch street alley and have the curb cut on Bleeker street only for the residential units; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, no; Torre, yes; Richards, yes; DeVilbiss, no; Mayor Klanderud, no. Motion NOT carried. 13 Reeular Meetine Aspen City Council March 13, 2006 Councilwoman Richards said this motion would open an alley, eliminate green space and gardens. The applicant has not asked for this and the public does not support it. Councilwoman Richards said this is going forward with an incremental subdivision and determining accesses that will make the automobile access cover Y, the site rather than less than v.. This will determine where future historic lot split will end up and the movement of the historic house. Councilman Johnson reiterated he would prefer nothing happen on this site but if something is to happen, it should follow the way the town was developed, for access to come off alleys, not increasing curb cuts. Councilman Torre brought up alleys not being on the side of historic properties and this block does not run according to the traditional development pattern; the houses are west facing, which makes the alley different. Councilman Torre said this may be an opportunity to make better decisions than the code outlines, then change the code rather than adopting them backwards. Councilman Torre said it is Council's charge to make a better decision. Mayor Klanderud stated an applicant has the right to rely on the code and not have the rules changed in the process. Councilman Torre stated Council c~n exercise the option they see fit. Councilwoman Richards said this alley runs to the side of the houses, not behind them, which is different. The access off Bleeker street behind all the houses would fit the pattern. Councilwoman Richards said she would grant a driveway access off Bleeker street for the residential units. Councilwoman Richards said opening the alley would require city plowing to the end of a bluff. This would be following a set pattern that is not appropriate for today. Councilman DeVilbiss said the motion on the floor follows the law. Mayor Klanderud said this has been a difficult process and the real issue is bigger than the alley, which is a preference to do nothing on this property. A property owner does have certain property rights. Mayor Klanderud agreed there are unknowns about the future development. Mayor Klanderud said at the first hearing it was stated that any future development will have to go through HPC and Council. Councilwoman Richards said this is a mistake; no one in the room has argued for opening the alley. Councilman Torre agreed this is a bad decision from all sides. Councilwoman Richards stated she is not interested in denying this applicant the right to proceed. Councilwoman Richards said she has reservations about not seeing the entire plan but would approve the applicant not using the Monarch street access. Councilwoman Richards urged Council to vote against this motion and to keep Monarch street alley green with trees and not to have an access for Y, of the property for automobiles. Roll call vote; Councilmembers Torre, no; Johnson, yes; Richards, no; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. 14 Reeular Meetine Aspen City Council March 13, 2006 Councilwoman Richards moved to continue Ordinance #50-A, Series of2005, Land Use code amendments, to April 10; seconded by Councilman Torre. All in favor, motion carried. Councilwoman Richards moved to continued Ordinance #6, Series of 2006, Boomerang Vacant Lots, to March 27; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #3. SERIES OF 2006 - 522 West Francis De-listing from Historic Inventory Amy Guthrie, community development department, told Council this property has been on the inventory since 1980, when the inventory was created. Ms. Guthrie said before the HPC regulations were expanded to have purview over all properties on the inventory, this house was remodeled with a large addition behind. Ms. Guthrie presented a map showing the outline of the original miner's cabin and the addition. The applicant has applied to be removed from the inventory as it does not benefit the property. Ms. Guthrie reminded Council a scoring system was adopted several years ago to bring objectivity to the landmark process, the house scored 20 out of 100. There is an agreement that 50 points should be the minimum threshold. Ms. Guthrie told Council HPC and staff are in agreement with de-listing. Ms. Guthrie told Council there are no plans for the property. Peter Thomas, representing the applicant, is present to answer questions. Mayor Klanderud pointed out is was this type of redevelopment of historic properties that reinforced the historic lot split with additions like this that are not the best way to preserve historic property. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman DeVilbiss noted there are no date lines on the land use application or the architectural inventory form and staff should add a place for dates. Councilman Torre asked if there is a historic marker at this property. Ms. Guthrie said there is not. Councilman Torre said he feels there is historic worth to properties like this, even with the remodel, and they should be marked as such. Councilman Torre stated he is opposed to delisting, regardless of the score, because buildings like this add to the city's inventory. Ms. Guthrie said Council has allocated money for a historic marker program. Councilwoman Richards stated she, too, does not support delisting of this property. Councilwoman Richards said as the city has improved their standards, that is not a reason renovation work done 20 years ago qualifies for deli sting. Councilwoman Richards noted there are historic structures in this area; this structure is not alone. Councilwoman Richards said when dilapidated property owners tell the city it will be a great expense to renovate, the city has them bear that expense. Councilwoman Richards said highlights that illustrate what a miner's life was like in the front cabin deserves to stay on the historic list. 15 Reeular Meetine Aspen City Council March 13, 2006 Councilman DeVilbiss said he was the District Court Judge and heard a case involving this house and the city had served a stop work order and the then-owner persisted. John Worcester, city attorney, said this was not the same owner and it was 10 years ago. Councilman Johnson asked if there is any indication the then-owner received anything in exchange for preserving what is left. Ms. Guthrie said there is no HPC case file. Until the mid-1990's, a property owner could tear down half of a structure on the historic inventory and not have HPC review. Ms. Guthrie said she assumes this is how the project happened. Councilman Johnson asked if this is de-listed, what can happen to the property. Ms. Guthrie said the entire structure could be demolished. , Councilman Johnson said he feels this structure has been compromised by the addition. Councilman Johnson agreed the presence of what little is left is more historic than the absence of the entire structure.. Councilman Johnson noted the simplicity of the historic structure points out the inappropriateness ofthe addition. Councilman Johnson said the historic guidelines have evolved in response to properties like this. Councilwoman Richards said the city saved the historic inventory by listing properties and to use this criteria it needs to be a two-way street and list properties that score high enough, voluntary or not. Councilman DeVilbiss stated his previous involvement with the case did not deal with the historic aspects. Ms. Guthrie said her recommendation, not her preference, is for delisting. Looking at the criteria objectively, this does not warrant remaining on the inventory. Ms. Guthrie noted the resources are irreplaceable but this structure has been altered a lot. Thomas reiterated staff, HPC and a private consultant all said this should be delisted. Thomas noted it is unfortunate the renovations were undertaken and to the extent they were. The fayade was completely changed; the interior of the structure was changed to a 5,000 square foot luxury residence with no relationship to a historic mining cabin. Thomas said the provisions in the code are not discretionary but are for guidance what are appropriate properties to be listed. Thomas said if a property qualifies for listing today, it should not qualify for a deli sting, and ifit does not qualify for listing today, it should not be left on the list. Councilwoman Richards said the owners purchased this property with a historic preservation listing and should have understood the implications of that when they purchased the property. Councilwoman Richards said she would not like to see what is left of Aspen's history demolished because it is not perfect. Councilwoman Richards noted this structure is on the Sanborne 1904 map. Councilwoman Richards stated she does not find a strong argument to delist the property. Worcester read from the standard, which Council follows when determining whether to rescind a designation, Section 415.050 "an application of the removal ofa property from the Aspen Inventory of Historic Landmark sites and structures shall follow the same submission requirements and review procedures as for designation as described in this Chapter. . . The HPC and City Council shall determine if sufficient evidence exists that the property no longer meets the criteria of designation and if so shall remove the 16 Reeular Meetine Aspen City Council March 13, 2006 property from the inventory". Worcester noted Council's job is to determine if sufficient evidence exists that the property no longer meetings the criteria to designate it. Councilwoman Richards asked if the standard of meeting 50 points is in the code. Ms. Guthrie said there are criteria for designation and score sheets. 50 points was agreed to as part ofthe scoring system. Worcester said it is codified in that the code references a score sheet and a system. Councilwoman Richards said she would give the structure higher scores for sections like proximity to similar structures. Worcester said Council does not need to score the property but should review the sheets to see if they agree. Council's job is to determine if a property would have made it on to the historic list or not. If a structure would not make it on to the historic list today, then it should be de- listed. Ms. Guthrie said she does not feel this would score another 30 points to meet the threshold. Councilman DeVilbiss moved to adopt Ordinance #3, Series of2006, on second reading; seconded by Councilman Johnson. Councilman Johnson said he still believes in historic designation and the history and evolution of historic preservation; however, with the code language it is clear this should be de-listed. Councilwoman Richards said she feels previous processes are not allowing de-listing, which is inappropriate. The scores given to #14, association, are 0 and the reason is because of the overwhelming addition. Roll call vote; Councilmembers Johnson, yes; Torre, no; DeVilbiss, yes; Richards, no; Mayor Klanderud, yes. Motion carried. RESOLUTION #15. SERIES OF 2006 - Endorsement of Fire Station COWOP James Lindt, community development department, told Council this is a request to endorse the conceptual plan for the redevelopment of the fire station and Thrift Shop at 420 East Hopkins. This project was granted eligibility for COWOP in January 2006; The task force has had 4 meetings and 2 works sessions with the HPC and a conceptual HPC review. Lindt said there are a variety of constraints and opportunities in this redevelopment. There are recommendations from the task force and well as a conceptual program and conceptual massing and site planning for this property. HPC granted conceptual approval to the plan. The fire department and Thrift Shop are requesting a lease extension for this property. Gilbert Sanchez, Studio B architects, noted throughout this process, the mission of the fire department - life/safety - remained paramount. Sanchez noted additional parking and housing were addressed; however, there are security issues which life safety forces have to deal with. The program is for a 23,000 square foot building. There are 4 apparatus bays plus support spaces, living quarters for fire personnel, day rooms, laundry, there are also the fire district offices. The Thrift Shop has been an integral part of this process and they are interested in doubling their space. Sanchez said there is future potential for basement use and the fire district will continue to look at that space before the plans are 17 Reeular Meetine Aspen City Council March 13, 2006 finalized. Sanchez said this program anticipates future unknown needs and the fire district would like to leave a legacy for future development, which would be an additional floor. The task force directed the designers to structure the building so that it could accommodate that in the future. Sanchez showed renderings ofthe program elements. Sanchez said the concrete apron will remain for practical and historic reasons. When the fire department pulls trucks onto the apron, it attracts families and community members. There is a connection between the fire department and the community and this location enhances that. Sanchez pointed out parking off the alley, the Thrift Shop, and the entrance to the district offices. Sanchez went over the 2nd and 3,d floors. The 2nd floor will have a museum/historic space and Thrift Shop space; the 3'd floor will have a lobby and district offices, a community room that can be used as an emergency operations room to a public meeting place. Sanchez reminded Council this is a conceptual design. The elements are the program and how they stack up on site. The next step, after a bond election, is design development, which will focus on the details of the building. Sanchez said the architectural style ofthe building will continue to evolve. Sanchez said this plan is needed for the bond election and for the public. Final HPC is also required. Sanchez noted the new building will have more interaction with the public than the current fire station. Mayor Klanderud asked about the garden between the offices and the Thrift Shop and hoped there is a green area. Sanchez said the entry and Thrift Shop could have been moved to the street front; however, it was generally felt that the green space was important so those elements were pushed back. Also pushing those spaces back will leave an open view and connection to the Zele plaza area. Sanchez said HPC was not convinced the building should not be pushed to the street; however, they are still discussing it. Lindt said staff would like to hear any concerns from Council about the massing and the program, input about providing funding toward the community room to make it usable for public meetings; input about providing funding to structure the Thrift Shop so enable offices on the 3'd floor. Lindt told Council approval of this resolution will endorse the recommendation of the COWOP, the program and the general form and massing. This is not a final entitlement for this project, which will require a final POO from Council. Daryl Grob, fire chief, reminded Council the fire district has been in a planning process for several years and going through this experience of working those concepts into the public realm through both the civic master plan process and the COWOP process has been very beneficial. Grob commended staff for the effort they have put in this planning process and this partnership. Grob said he feels the results will reflect significant community values for everyone and will enhance the fire district's success in fulfilling their mission. Nancy Gensch, Thrift Shop, said they are grateful to have been part of this process. Ms. Gensch said it has been important for the Thrift Shop to have heard the value of their organization as part of Aspen. Ms. Gensch said the COWOP process with neighboring businesses and public to hear their thoughts was beneficial. Ms. Gensch told Council a 18 Reeular Meetine Aspen City Council March 13,2006 lot of things were considered very carefully. Ms. Gensch said the Thrift Shop plans greens and a bench in the front of their shop. Councilman DeVilbiss commended the community development staff for conducting the COWOP and the other parties. Councilman DeVilbiss said he enjoyed being on this COWOP. Councilwoman Richards agreed there has been a lot of work put into this. Councilwoman Richards thanked all the volunteers who have worked for these organizations and in this planning effort. Councilwoman Richards stated she will support the fire station wherever they want to be. Councilwoman Richards said she would like to know the costs to reinforce the 3,d floor over the Thrift Shop as well as what this would cost in the first phase rather than later disruption. Councilwoman Richards said she would also like the meeting room costs investigated so this is known up front and can be reviewed with the project. Councilwoman Richards said she likes the design and looks forward to refinements. This needs to say "new" in Aspen while retaining characteristics ofthe uses and the history. Grob said the meeting room will be part of the bond issue. Lindt said the upgrades would be added technology for meetings. Councilman Torre said he has reservations about the bulkhead as an architectural feature. Councilman Torre noted it has been part of the design since the beginning. Councilman Torre stated he hopes the green space remains and remains usable. Councilman Torre said he likes the angled front of the Thrift Shop so that people know what is in this space. Councilman Torre stated he supports the programmatic part of the design. Councilman Torre stated he will continue to seek more broken up fayade, more delineation between the offices and the Thrift Store, and as much green space as possible. Mayor Klanderud opened the public hearing. Jack Simmons, fire fighter and board member, said the amount of work the volunteers and the COWOP have done, they have done their due diligence. Simmons noted fire stations have changed since 9/11; they have become community, community helping themselves. Simmons said Aspen has the oldest volunteer fire department in the state and working into the future of continuing the attitude of community helping themselves. Toni Kronberg said one of the most important concerns is what is inside the building and the tools given to the fire personnel. Ms. Kronberg said the fire department should have equipment to fight fires in tall buildings. Mayor Klanderud closed the public hearing. Lindt entered a letter from Jack Wilke into the record suggesting the city should look at doing office space in conjunction with the fire department. Mayor Klanderud said there are homeland security issues about integrating non-fire district uses in this building. Grob said access would need to be controlled in an emergency situation. Grob said they will continue to explore the community meeting room and some office space. The underground parking brings up some of the same issues. 19 Reeular Meetine Aspen City Council March 13, 2006 Councilwoman Richards moved to approve Resolution #15, Series of2006; seconded by Councilman Torre. Councilman Johnson stated the notion of a legacy is fantastic. Councilman Johnson asked if the noon siren will still exist. Grob answered that phone calls to him run 10 to 1 in favor ofthe siren. Councilman Johnson asked about the outside receiving space for the Thrift Shop. Ms. Gensch said there will be a cantilever on the back of the building to cover the current intake area. Ms. Gensch agreed this has been a problem and it will be addressed. Councilman Johnson said he likes the bays, he is fine with the form and massing, the design is elegant, he likes the articulation. Councilman Johnson said the city should look into the cost of the meeting room upgrade and structuring the 3,d floor to hold a future Thrift Shop. Councilman Johnson said he would like building the basement examined more, even if it were only used as storage for city hall. Mayor Klanderud agreed about the basement. Sanchez showed Council where basement is planned, under the Thrift Shop and on the back of the building. Basement under the bays has not been included because ofthe costs of structuring the floor to hold fire equipment above a basement. Councilwoman Richards said she would like to see the magnitude of costs. Grob said the purpose of this preliminary designing is to get a number for the proposed bond election. All in favor, motion carried. RESOLUTION #16, SERIES OF 2006 - Fire Station Lease Extension Ed Sadler, assistant city manager, told Council this lease extension is for 40 years to 2046 based on recovering their investment and not so long that it would require a city election. Councilman DeVilbiss moved to approve Resolution #16, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at 10:30 p.m.; seconded by Councilman Torre. All in favor, motion carried. Uurt;!) ~ / yn S. Koch, City Clerk 20