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HomeMy WebLinkAboutminutes.council.20060327 Re!!ular Meetin!! Aspen City Council March 27. 2006 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS.................................................................................. 2 -"-, , CONSENT CALENDAR ................................................................................................... 4 RESOLUTION #17, 2006 - Opposing Weakening Air Quality Standards........................ 4 RESOLUTION #18, 2006 - Contract for Grant Evaluation............................................... 4 FIRST READING OF ORDINANCES.............................................................................. 5 . Ordinance #10,2006 - Adopting Housing Guidelines........................................... 5 . Ordinance #11, 2006 - 920/930 Matchless Drive SubdivisionIPUD .....................5 ORDINANCE #4, SERIES OF 2006 - Vacation of Skier's Chalet Alley......................... 6 ORDINANCE #9, SERIES OF 2006 - 410 S. West End Subdivision .............................. 9 RESOLUTION #19, SERIES OF 2006 - Recycle Center Eligibility for COWOP ......... 13 ORDINANCE #6, SERIES OF 2006 - Boomerang Vacant Parcel Rezoning and Lot Split ...........................................................................................................................................13 ORDINANCE #12, SERIES OF 2006 - Land Use Code Amendments .......................... 17 ORDINANCE #13, SERIES OF 2006 - Enacting a 6 Month Temporary Moratorium... 19 - ".-." 1 Re!!ular Meetin!! Aspen City Council March 27. 2006 Mayor K1anderud called the meeting to order at 5 p.m. with Counci1members DeVilbiss, Johnson, Torre and Richards present. CITIZEN COMMENTS 1. Tom Kronberg asked if public comment would be taken on the resolution regarding the recycle center. Mayor Klanderud said public comment will be taken April 10th The item is being continued because the notice was not posted on time. Ms. Kronberg asked if the city has moved forward adopting the code amendments that would make the differences between the land use code, historic guidelines and Aspen Area Comprehensive Plan less troublesome. Staff said these will be before Council on April 10th. COUNCILMEMBER COMMENTS 1. Mayor Klanderud noted it was a great community weekend. The parade for Gretchen Bleiler was well attended and one could feel the warmth from the community. Sunday was the grand opening of the animal shelter. Mayor K1anderud said the facility was packed and it was a great ceremony. Mayor Klanderud noted the capital campaign committee deserves a huge vote of gratitude as do the Council, BOCC and the staff who worked on this project. This week is Aspen Historical Society week with activities planned for every day. v,'....... 2. Councilman Torre agreed with the Mayor's comments and also said the community came out and supported the Shining Stars events. This has been a nice community based week. 3. Councilman DeVilbiss said he heard universally laudatory comments about the opening of the animal shelter. 4. Councilman DeVilbiss moved to reconsider Ordinance #2, Series of2006, 202 North Monarch; seconded by Councilman Torre. Councilman DeVilbiss said he feels Councilman Johnson's analysis on this issue was correct. Councilman DeVilbiss noted Councilwoman Richards moved to adopt an ordinance with access for the commercial property off Mill street and the residential property off Bleeker street. Councilman DeVilbiss said he was digesting that motion when it was stated the motion dies for lack of a second. Councilman DeVilbiss said he was looking at the illustration of the property to understand and then he seconded the motion. Councilman DeVilbiss said when there was a vote, Councilwoman Richards voted against her own motion, as did he. Council finally adopted the ordinance with access off Monarch street. Councilman DeVilbiss said he would like to back Councilwoman Richards' original motion to approve the ordinance with the access off Bleeker street and access to the commercial property from Mill. Councilman DeVilbiss noted the applicant was amenable to either access. The city has to provide access from 2 Re!!ular Meetin!! Aspen City Council March 27. 2006 .,,~- someplace. Councilman DeVilbiss said he supported the notion of access from Bleeker street and thought that was what was being voted on. Mayor Klanderud stated the predominance of public comment opposed opening the access off Monarch; however, the reasons Council voted the way they did were reasonable and defensible. Councilmembers Torre, DeVilbiss and Richards in favor; Councilman Johnson and Mayor Klanderud opposed. Motion carried. Council scheduled this on the April 10th agenda. Mayor Klanderud said this action will not re-open the public hearing. 5. Councilwoman Richards said at the last meeting, Council discussed the scoring sheet using to list structures on the historic inventory. Councilwoman Richards requested copies ofthat score sheet and that Council have a work session as soon as possible with HPC to go over this score sheet, and the criteria, the scoring requirements may be too high. 6. Councilwoman Richards said she was out of town this weekend to attend the third anniversary peace march in Grand Junction organized by her son. ',~,."",. 7. Steve Barwick, city manager, requested an executive session be added to the end of the agenda. 8. Chris Bendon, community development department, requested Council add Ordinance # 12, Series of 2006, proposing changes to the land use code as an emergency ordinance with second reading at a special meeting tomorrow March 28th at 4 p.m. Bendon said this ordinance would reduce the annual development allotments for free market residential development; would implement a maximum residential unit size within the CC and C-1 zones. The rest of the amendments correct deficiencies in the land use code and qualify for emergency ordinance. These amendments require at least 50% of affordable housing units be above grade. Mayor K1anderud said staff and Council have realized that the code amendments made recently are not producing what Council envisioned. Councilman Johnson moved to add Ordinance #12, Series of2006, to the agenda for first reading; seconded by Councilman Torre. All in favor, motion carried. Mayor Klanderud said staff and Council are looking at a construction management plan and code amendment. Mayor Klanderud said there have been suggestions that the city ought to look at residential replacements. Mayor Klanderud moved to add Ordinance #13, Series of2006, to the agenda, a moratorium on scrape and replacement development for single family and duplexes; seconded by Councilwoman Richards. All in favor, motion carried. '\0..."",,- 3 Re!!ular Meetin!! Aspen City Council March 27. 2006 9. Councilwoman Richards reported she attended the CAST legislative dinner in Denver March 16th. It was a successful dinner with a large representation of state legislators. 10. Mayor Klanderud announced she and Councilman DeVilbiss will be going to Washington D.C. to receive an award from the EPA for protection of the environment through the city's transportation plans. 11. Councilwoman Richards said April 6th at 6 p.m. in Carbondale there will be a meeting on the citizens' road less area protection task force. These citizens have been convened by Wilderness Workshop to prepare public comments that are being taken by the governor's panel on road less protection. CONSENT CALENDAR Councilman Torre pulled Resolution #17 and #18. Councilwoman Richards moved to approve the Minutes of March 13,2006; seconded by Councilman DeVilbiss. All in favor, motion carried. RESOLUTION #17. 2006 - Opposing Weakening Air Quality Standards Councilman Torre said it is the spring snowmelt season and there is a large amount of gravel on the streets. Some of this gets crushed and causes PMlO. Councilman Torre asked if staff has researched ways to reclaim some of the gravel that is put on the streets rather than wash it back into the rivers. Lee Cassin, environmental health department, agreed flushing the street with water causes sediment to go into the river. Sweeping with vacuum trucks picks up that sediment. The streets department has been sweeping for the past month. Ms. Cassin told Council staff has looked at reclaiming the street gravel but there is a lot of trash along with the gravel and it would not be practical. Steve Barwick, city manager, noted the storm water project would capture the gravel in sediment ponds before it reaches the rivers. Mayor K1anderud noted this letter states the city's position opposing what the EPA is doing to weaken the air quality standards. Aspen would be eliminated because areas with fewer than 100,000 would be exempt from monitoring. This also proposes to exempt mining and agriculture operations. Councilwoman Richards said it is important for Aspen and other communities to continue to act on clean air issues. Councilwoman Richards forwarded this letter to other CAST members for their comment. Councilman DeVilbiss said this is another reason to go forward with the storm water project. Councilman Torre moved to approve Resolution #17, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. RESOLUTION #18. 2006 - Contract for Grant Evaluation 4 Re!!ular Meetin!! Aspen City Council March 27. 2006 Councilman Torre asked if this approves the first phase and what does the second phase include and what does it cost. Paul Menter, finance director, said phases 2 and 3 would be project based and would depend where city staff identified specific grants. Menter suggested that would include deciding whether to get a proposal from this consultant or deciding whether staff wanted to go for the grant. Menter said staff does have costs for these phases but they will come on a project basis. Councilman Torre moved to approve Resolution #18, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. FIRST READING OF ORDINANCES . Ordinance # 1 0, 2006 - Adopting Housing Guidelines . Ordinance #11, 2006 - 920/930 Matchless Drive SubdivisionIPUD Councilman Torre moved to read Ordinances #10 and 11, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. Ordinance No. 10 (Series of 2006) - AN ORDINANCE ADOPTING THE ASPENIPITKIN COUNTY EMPLOYEE HOUSING GUIDELINES AMENDED AND APPROVED MARCH 2006 FOR PITKIN COUNTY AND THE CITY OF ASPEN RECOMMENDED BY THE ASPENIPITKIN COUNTY HOUSING AUTHORITY ORDINANCE NO. 11 (SERIES OF 2006) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL CITY APPROVING WITH CONDITIONS THE DODARO SUBDIVISION (LOTS SA AND SB) AND PUD AMENDMENT TO CONSTRUCT AN ADDITION TO THE EXISTING DETACHED DWELLING AND VOLUNTARY GARAGE/ ADU ON LOT 5A AND TO ALLOW THE DEVELOPMENT OF TWO DETACHED DWELLINGS ON LOT 5B ON THE PROPERTY KNOWN AS 920 AND 930 MATCHLESS DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Were read by the city clerk. Councilman DeVilbiss moved to adopt Ordinance #10 and 11, Series of2006, on first reading; seconded by Councilwoman Richards. Mayor Klanderud noted Section 4 and 5 have been deleted, rental compliance and rental of an ownership unit. Mayor Klanderud asked if these compliance requirements have been 5 Re!!ular Meetin!! Aspen City Council March 27. 2006 replaced. Tom McCabe, housing director, said the guidelines have been reorganized and those sections are in a more appropriate location. McCabe said he will give reference numbers for the public hearing. Mayor Klanderud stated she feels these guidelines are complex and contain duplications. Mayor Klanderud asked if these can be reviewed and rewritten to make them easier to read. McCabe said staff will look at if these can be better organized. McCabe agreed it is time for a review of the entire guidelines; this will be a large effort and could be complete by 2007. Mayor Klanderud said the piecemeal changes have had an effect on their complexity. Councilwoman Richards asked for second reading, section 1 under category incomes, third paragraph, "survey of Pitkin County employees determined that the median household income for households with zero and one dependent was $60,000". Councilwoman Richards said she would like staff to verity this figure is accurate. It should be amended to state "per year". Councilwoman Richards requested the date from which this information was valid. McCabe told Council staff is working on new numbers, to get the most timely and broad based information. Mayor Klanderud asked if net assets applies just to first phase of Burlingame, on page 5 it appears that it does. McCabe said this is an attempt for people with not a lot of income to swap those assets and this is a formula to let them do that to a degree. It is an acknowledgement it can cause problems. Mayor Klanderud asked why Burlingame is singled out. McCabe said he is not sure where that came from and will report back to Council. ...... Mayor Klanderud said on page 14, the addition about Alpine Legal Services states "will attempt to place their case with a pro bono attorney for direct representation". Mayor Klanderud said "will attempt" if ALS is not successful does the person not get represented. McCabe said the ALS is trying to establish the mediation process as the first step and if that does not work, they will do representation. Mayor Klanderud said that is not how that section reads and she would like it amended to state what ALS will do after the mediation. Councilman Torre requested for second reading of Ordinance #11, the historic preservation officer be present. Councilman Torre stated he had a difficult time understanding all the pieces and he would like a comparison chart to include current configuration, what is where it is now. Roll call vote; Councilmembers Johnson, yes; Richards, yes; Torre, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #4. SERIES OF 2006 - Vacation of Skier's Chalet Alley John Worcester, city attorney, told Council this application is for a partial vacation of an alley and is being made by the contract purchaser of the property. Worcester said no plans are identified for the use of this alley. The alley is currently encumbered by the Skier's Chalet lodge. Worcester presented a graphic showing the area to be vacated, the alley betweens lots 4 and 11. Dave Myler pointed out the area to be vacated. 0"'. ' 6 Re!!ular Meetin!! Aspen City Council March 27. 2006 --- Councilwoman Richards asked if lots 12, 11, 3 and 4, Lift One park is dedicated as park. Myler said it is. Councilwoman Richards asked about the vacation under the Holland House and does it run with the Holland House. Worcester said that is not part of this application and he does not know the answer. Worcester noted if it was formally vacated, it is forever vacated. Myler told Council when his clients purchased the Holland House, thy investigated the title and determined the balance of the alley was vacated. Sunny Vann told Council it was vacated by the County in 1963 when the land was still in the county. Vann said he has a copy of that resolution. Councilwoman Richards asked if the Skier's Chalet lodge is historically designated. Myler said it is not; part of the Skier's Chalet restaurant is historically dedicated. Chris Bendon, community development department, reminded Council they asked at first reading whether this should be approved now or with a pending development application. Bendon said typically Council sees the entire picture; however, the development application has not been submitted. Bendon said there is an interest from HPC and the historic preservation officer to have the Skier's Chalet lodge preserved. Bendon said the applicants have shown an interest in pursuing this and have initial discussions. Bendon noted there is a contractual agreement for the land transfer relating to this alley. The alley, because it is underneath a building, has no practical use to the city. David Myler, representing 710 South Aspen LLC, told Council his clients own the Skier's Chalet Lodge and Restaurant and are affiliated with the company that purchased the Holland House and the Ski Company property where lift 1A is located. Howard Awrey who built and ran the Skier's Chalet for 40 years is also present. Myler said the reason for the vacation request is to eliminate an encroachment and to clear up the title and allow the sale of the property to be finalized. Myler illustrated the pavement up to lift 1A; Gilbert street in front of Skier's Chalet lodge; Lift One park and Willoughby park. Myler said the Eames Addition to the city was platted in the 1890's in the county. The alley in question runs east and west between the Conners Addition and South Aspen street. The alley does not connect to anything on the east. There are no alleys in the Conners Addition. Ifthe alley were to be extended to the east, it would run through the Silver Shadow condominiums. Myler said the alley did connect through the park and the Holland House to South Aspen street, and the portion of the alley under the Holland House was vacated in 1963. In the mid-60's Awrey got a building permit and constructed the Skier's Chalet Lodge on top ofthe alley, where it has existed ever since. In 1967 the city annexed the Eames addition; in 1971, the city acquired the Lift One park in a transaction with the Aspen Skiing Company and vacated the alley in block 10 to accommodate the construction oflift 1A. Myler said the general proposition of the state statutes regarding vacation of public rights-of-way is that the vacation should be in the best interest of the public and a determination there is no public benefit to be served by keeping the alley. The other standard is not that private property owner be deprived of access to a public street by a vacation. Myler said all residents in this area have adequate public access. 7 Re!!ular Meetin!! Aspen City Council March 27. 2006 '.~".." Myler told Council all the utility companies providing service in this area have been contacted to see ifthere is a benefit in retaining the alley as a utility corridor and none of the companies had any utilities or plans for any utilities. Myler told Council 710 South Aspen obtained an option to purchase the Skier's Chalet lodge, contract contingent upon the seller, Howard A wrey, getting the vacation of the alley. Myler said the vacation was applied for and based on the progress, 710 South Aspen closed the real estate deal and agreed to hold back a portion ofthe purchase price until the alley vacation was complete. Pat O'Callahan, representing Awrey, told Council Awrey got the lots for the lodge from the Ski Company and part of the agreement was a dedicated easement for a ski run where the park is. 0' Callahan told Council Awrey agreed at closing to escrow a large sum of money thinking this alley vacation would take a short time. O'Callahan told Council this was done on a tax-free exchange and time is crucial. Unless the escrow is freed up soon, Awrey will lose a large amount of money. O'Callahan said he understand Council would like to see the entire development proposal; however, this is a hardship for Awrey. Councilman DeVilbiss said one of the alleys is not an alley but is a park. There is only one section next to the Skier's Chalet lodge that could be used as an alley. This area has very little functionality for the city. The alley dead-ends and has been functionally abandoned by the city. The Skier's Chalet lodge has been built over it for 40 years. Councilman DeVilbiss stated he cannot see that the alley has any functional utility for the city. 'l",__., Councilwoman Richards asked if vacation of this alley could be contingent upon historic preservation of the Skier's Chalet lodge. Myler said the applicants are considering preserving the lodge by relocating it to the Lift One park and utilizing it as a museum. Councilwoman Richards said there is no use of the alley with a building on it but if there is an intention of vacating the alley and then clearing the building off it, perhaps there is merit to retain the alley to break up the structures or to limit the FARon site. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud agreed the city has not missed use of this alley in over 40 years and the alley has been vacated under the Holland House. 0' Callahan told Council this sale closed January sth and under tax laws, there is 180 days to acquire the other property so there is an urgency in this. Worcester reiterated the state statute covers whether the city would need this alley now or in the future and state statute dictates the ownership goes to the owner on each side. In this case, the owner on each side of the alley is the same. Councilwoman Richards moved to adopt Ordinance #4, Series of 2006, on second reading with the request that the documents vacating the alley under the Holland House be presented to the city attorney; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. 8 Re!!ular Meetin!! Aspen City Council March 27. 2006 ORDINANCE #9. SERIES OF 2006 - 410 S. West End Subdivision 'Sho." James Lindt, community development department, told Council this is a request to construct two free market and two affordable housing units at 410 S. West End street. P&Z approved the growth management request. The community development director is the review authority on the certificate of compliance of multi- family replacement. The Council is reviewing the subdivision request with a recommendation from P&Z. Lindt showed where this parcel is located, the southeast corner of Cooper and S. West End street. This is a 6,000 square foot lot zoned RMF. The applicant proposes to demolish the existing fiveplex and construct a fourplex, two free market and two affordable housing units. The affordable housing units are proposed at category 2 rental. These units are partially below grade. Lindt told Council the applicants propose to meet the dimensional requirements of the RMF district. The applicants propose to meet the applicable residential design standards. The proposed access is through the alley to a two-car garage and uncovered parking spaces for the affordable units. Lindt told Council staff believes these meets the review standards for subdivision. The parcel is served by utilities, contains a multi-family building. The parcel is flat and has no geological hazards. The applicant will pay cash- in-lieu of$179,000 for the Yz unit required by the replacement. P&Z granted growth management review for the affordable housing finding sufficient allotments. P&Z found the proposed AH units met the housing guidelines. Lindt reminded Council one issue from first reading is that the units are partially below grade. Lindt noted the code does not prohibit AH units being below grade. Lindt said this meets the applicable review standards for subdivision and recommends approval of the ordinance. Councilwoman Richards asked ifthere are any bedrooms below grade in the existing building. Sunny Vann, representing the applicant, said there is no basement in the building. Vann noted the regulations delegate authority for affordable housing units to P&Z and this has been approved. Vann told Council the two AH units are partially below and partially above grade. These units are category 2. The size of the units is to compensate the fact they are partially subgrade. The one bedroom unit is required to be 600 square feet and is proposed at 800 square feet; the two-bedroom unit is required to be 850 square feet and is 930 square feet. Vann told Council when the residential multi family regulations were adopted, it was possible to have a fractional mitigation requirement. The code does not require rounding up to the next mitigation but allows cash-in-lieu can be paid to mitigate partial interest. Vann said this proposal is Yz unit under the requirement and they are proposing cash-in-lieu. Vann said the free market units were designed to be 100% compliant with the residential multi-family zone district. The building is less than the allowed FAR; it exceeds the parking requirements for the zone district, and complies with all other dimensional requirements. Lindt went over the floor plans for the affordable housing units. 9 Re!!ular Meetin!! Aspen City Council March 27. 2006 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud said she is concerned about a below grade bedroom with a garage over it. Janver Derrington noted this is similar to having a bedroom over a garage. Councilwoman Richards asked if there is not a replacement for "like" units. Vann said the city code requires replacement of SO% ofthe units, which would be 2.S units, SO% of the bedrooms, which would be 2.S bedrooms and 3 are proposed, and SO% of the square footage, and this is slightly short of that requirement. Vann said there is no requirement for "like" units, above grade units, below grade units. The only requirement is that they must be replaced on the same site from which they are demolished. If they cannot be replaced, Council could approve an off site solution. One cannot cash in lieu out of a housing replacement program except where there is a fraction of a bedroom or a unit. Councilwoman Richards asked ifthere would be a possibility of grading in front ofthe affordable units to provide a more generous window well. Derrington said this is a flat site. The land use code does not allow one to have anymore than the required egress from a subgrade bedroom in the size of the egress well. Lindt reiterated any lightwells in the setback have to be the minimum size required by the building code. That was adopted so that lightwells were not put where there was supposed to be space between the units. Councilman Johnson asked ifthis is within the infill area and that is why there is only one parking space/unit. Vann said it is within the infill area; the project provides 2 spaces/unit for the free market and one space/unit for the affordable housing for a total of 6 spaces. They are only required to provide 4 parking spaces. Councilman Torre asked the review criteria for this application. Lindt said this is to be reviewed based on consistency with the AACP, consistency with the character of the existing land uses in the immediate area, that it shall not adversely affect the future development of the surrounding areas, that it is in compliance with the requirements of the land use code, based on suitability of land for subdivision, based on spatial pattern efficiency with reference to utilities, based on affordable housing and the necessary replacement dwelling units, that it has the necessary growth management allocations. Councilman Johnson said one of the criteria is that the proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Councilman Johnson asked ifthere are limits to what Council takes under consideration in that plan. John Worcester, city attorney, said if Council were to deny a subdivision on the basis of the AACP, Council should state what parts of the AACP are not being met. Worcester pointed out the AACP is broad. Vann said the affordable housing is not part of the subdivision standard but is a separate set ofreview criteria established under the multi-family replacement program. P&Z has been delegated that review authority and has found this consistent and granted an approval. Vann said the subdivision application is what is before Council. This is a subdivision application because the applicant wishes to condominiumize the free market units and sell them. 10 Re!!ular Meetin!! Aspen City Council March 27. 2006 ....,~..~ Councilman Johnson moved to adopt Ordinance #9, Series of2006, on second reading; seconded by Councilwoman Richards. Councilman Johnson noted one ofthe specific criteria in subdivision is whether or not an application complies with the Aspen Area Comprehensive Plan. Councilman Johnson said he finds this application does not comply with the AACP or criteria (c). Councilman Johnson noted page 11 of the AACP under background, it states "Because a limited amount of buildable land remains in the Aspen area and plus our goals for restoring the community are ambitious, it is essential that all future developments help us towards our goals". Councilman Johnson stated this application does not do that, generally. Councilman Johnson read from page 26 "that the private sector must be encouraged financially and morally to solve the problem of housing". Councilman Johnson said this application does not recognize that finding. This application increases the burden of housing and places it in the city's lap. "'-. Councilman Johnson noted on page 27, this application fails to meet goals (a), manage the growth of our community to preserve and enhance our community; (c), the public and private sectors should work together to insure success in providing affordable housing, and (e), encourage greater participation by the private sector in developing affordable housing. Councilman Johnson said this structure consists of 5 units that are occupied by year round residents. This application is for two affordable housing units and two free market units. Councilman Johnson said there is enough FAR to do a better design. Councilman Johnson said the community went through the Aspen Area Comprehensive Plan twice and one result was the urban growth boundary. The city stated they were willing to promote density in the UGB and the sustainable mix ofland uses. This application does not do that, and this application proposes one less unit. Councilman Johnson said on page 3 under what is the urban growth boundary states it is intended to help preserve open space, discourage urban sprawl, and management the transportation impacts of new developments. Councilman Johnson said by losing one unit, this is encouraging urban sprawl. Turning workers housing into free market housing encourages people to move down valley and creates transportation impacts, which are not mitigated for in this application. Mayor K1anderud said maybe the code is not consistent with the goals of the AACP; if the application meets the code requirements, maybe the code requires too little in terms of the AACP. Councilwoman Richards noted the code would allow 5 units rather than the proposed 4. Mayor Klanderud said her disappointment in this application is that it met the bare minimums of the code. Proposed are two 3,000 square foot free market units and the affordable housing gets shortchanged. Councilman Johnson said (c) states the proposed subdivision shall not adversely affect the future development of surrounding areas. Councilman Johnson said because of this subdivision, the city will have to shoulder the burden ofreplacing what is being lost as well as the burden of transportation impacts both from the fact that at least 3 residents will have to move away and commute back to work and that the free market units will generate employees. Councilman Johnson said this subdivision fails under (a) and (c). 11 ~....- - Re!!ular Meetin!! Aspen City Council March 27. 2006 Councilman Torre agreed this application fails under many of the points raised by Councilman Johnson. Councilman Torre said he would rather see an application that allayed some of the concerns outlined by Councilman Johnson. Vann asked at what point there is a presumption of compliance with the AACP. There is a set of criteria required to be met under the residential multi-family replacement program. Vann said the regulations are specific enough to tell one what is supposed to be replaced, how can one be inconsistent with a plan the regulations are supposed to implement. Vann said the city's regulations may not implement some concerns expressed by Councilman Johnson but it is not reasonable to state an application is not doing what is wanted by the city even if the application is in compliance. Councilman Torre stated criteria #1 is does the subdivision meet the provisions in the AACP and this application does not. Councilman Torre said parts of the application fit the code; however, the criteria it does not meet is that it does not meet the AACP. Councilman Torre said the AACP touches on managing growth. This application does not meet that criteria where it forces more residents out of town. Councilman Torre said this site has the ability to accommodate a better stewardship of the property. Councilman Torre said this does provide affordable housing, which Council is not reviewing, but it is the subdivision application that is causing the non-compliance with facets of the AACP. Councilman Torre stated this project does not create a housing environment where the units are integrated with the existing community. This puts the burden of affordable housing on an outside development. Councilman Torre noted promoting an economically sustainable community is touched on in the AACP and this takes away the potential for residents to be in the Aspen core, which helps to have a sustainable year round community. Councilman Torre said maintaining the community character is about people and characters and not just buildings. This proposal takes away from residents being able to be a part of the community and turns this property into overdone condominiums and seems to be a market for people who will not live full time in the community. Councilman Torre said he is concerned about the Aspen community and the people with whom he deals everyday and this project erodes the sense of community and the sense of place of Aspenites. Councilman Torre said he could support this project with another one-bedroom affordable unit on property. Councilwoman Richards asked how much below the allowable FARis this project. Vann said the allowable FAR is 7500 square feet and this project is 7000 square feet. Mayor Klanderud reiterated this project meets the bare minimums ofthe code. Mayor Klanderud stated perhaps the code does not carry out the city's aspirations as stated in the AACP. Mayor Klanderud said the code provides an equal playing field for every applicant and without that code, no one knows what to expect. Councilman DeVilbiss noted Councilman Johnson did a good job of outlining his reasons for finding deficiencies in the application and agreed with those reasons. Councilman DeVilbiss pointed out when staff was asked what the criteria of review were, staff stated this project met the requirements of the title. Councilman DeVilbiss said the title does not prohibit underground units, it does not require acceptance of that type of units. 12 Re!!ular Meetin!! Aspen City Council March 27. 2006 ~--"- Councilman Johnson reiterated that one of the requirements of the code are that these criteria are contained within it and this application does not meet those criteria. - Councilwoman Richards said there seems to be a disconnect between how stringently staff and how stringently Council apply the first standard, the proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Councilwoman Richards said issues raised by Council are important. Councilwoman Richards stated the quality of human interaction within the complex as much as within the community is critical and there is not a quality of human interaction with these units in the complex itself. Councilwoman Richards said there is an additional 500 square feet of FAR available and the project' could better meet the requirements of the AACP in terms of creating density of units within town. Vann said the applicants would like a continuance to review the project to see ifthere is a way to offset the cash-in-lieu and increase the livability of the units. Councilman Johnson withdrew his motion; Councilwoman Richards withdrew her section. Councilwoman Richards moved to continue Ordinance #9, Series of2006, to April 24, 2006; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #19. SERIES OF 2006 - Recycle Center Eligibility for COWOP Councilman Torre moved to open the public hearing; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilwoman Richards moved to continue Resolution #19, Series of2006, to April 10; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #6. SERIES OF 2006 - Boomerang Vacant Parcel Rezoning and Lot Split Chris Bendon, community development department, told Council this land is located on the south side of West Hopkins between 4th and 5th This land is zoned R-15/LPIPUD. R-15 is a residential zone allowing single family or duplex on lots of 15,000 square feet or larger. LP is a lodge preservation overlay with a planned unit development overlay. This property is 19,700 square feet currently approved for 17 lodge bedrooms and 2 affordable housing units with 14,000 square feet of FAR. Bendon reminded Council this was approved as an expansion of the Boomerang Lodge. By right this undeveloped property can be developed with a single family of 4784 square feet or duplex of 5204 square feet. - Bendon told Council the request is to rezone this parcel to R-6 and remove the LP and PUD overlays and to split the parcels into two lots; lot 1 with 7500 square feet and lots 2 with 12,000 square feet. Lot 1 could contain a single-family residence with 3450 square feet FAR and lot 2 could have two single-family homes totaling 4274 square feet divided between the two residences. Bendon showed where the lot is located and the surrounding developments, streets and trails. Bendon pointed out there are two curb cuts 13 Re!!ular Meetin!! Aspen City Council March 27. 2006 '<:". " proposed; one located off the 4th street stub to access lot 1 and a curb cut on West Hopkins to access both lots on lot 2. This would be one less curb cut than what was approved for the Boomerang Lodge expansion. Bendon said it is unfortunate the lodge project is not going forward. Staff felt that was a nice proposed expansion to the Boomerang Lodge. However, the owners do have a right to a single family or duplex on this parcel. Staff compared the allowable with the proposal; the proposal would split the mass into 3 buildings but would allow about 2500 square feet of FAR. A duplex of5204 square feet would be allowed by right. In the proposal 7700 square feet is requested. Bendon said the proposal is consistent with the neighborhood, which contains R-6. Bendon said the proposal meets the standards for lot split and for rezoning. Mayor Klanderud asked ifthe ADUs are included in the FAR. Bendon said they are unless they are for sale and sold through the housing office, in which case the FAR does not count towards that allowable for the property. Mitch Haas, representing the applicants, noted this property is surrounded on all 4 sides with trails. Haas showed the previously approved 3 curb cuts off Hopkins for the lodge expansion with a looped driveway. Haas said the applicants worked with staff and received approval for an access off 4th street and access across the trail. The applicants will mitigate impacts by signing the trail and by not planting within 15' of the driveway so site distances are maintained. Lot 2 will be accessed by one curb cut. The West Hopkins bike path was designed to accommodate 5 on street parking spaces. The curb cut will necessitate cutting through one parking space and the applicants will pay to install the lost parking space to the east along Hopkins. Haas told Council there are two use by rights allowed on this lot. The first is a duplex of 5200 square feet or a single-family house of 4784 square. The second allowed use is the approved PUD vested through 2009. Haas reminded Council that PUD was not well received by the neighbors. The neighbors have generally supported this plan. Haas noted this plan is consistent with the existing development patterns in the neighborhood. Haas told Council a separate plan for the Boomerang has been submitted which includes replacement ofthe Boomerang units and the approved units for this parcel. Haas said there has never been lodging on this site but lodge rooms were expected so they will be replaced on the north side of West Hopkins. Haas said the applicants feel 3 smaller structures rather than one 5200 square feet structure would be more compatible with the neighborhood. Haas noted the applicants will pay for relocation of the parking on West Hopkins. Haas noted the concern of the parks department is that they installed a new drip irrigation system that they want fix to their satisfaction. Councilman Torre asked staff to review the criteria for this application. Bendon said the criteria are exhibit A and there are two reviews, rezoning and lot split and the criteria are listed for each. Councilman Johnson asked if the subdivision lot split is dependant on rezoning. Bendon said it is; the applicant must create lots that conform to the zone district. Councilman 14 Re!!ular Meetin!! Aspen City Council March 27. 2006 Johnson asked if the FAR is split evenly in a detached duplex. Bendon answered it does not have to be split evenly; however, the smallest unit has to be at least 25% of the size. Mayor Klanderud opened the public hearing. Cheryl Goldenberg, adjacent property owner, told Council they have met with the applicant and much prefer this proposal to the approved lodge expansion project. Ms. Goldenberg said this proposal is a better way to keep the neighborhood residential. Ms. Kronberg said she support the rezoning request. Bendon entered a letter from Paul Young entered the record. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #6, Series of2006, on second reading; seconded by Councilman DeVilbiss. Councilman Torre asked if one ADU per residence is proposed, for a potential of 6 residences. Haas said the land use codes reads for the detached duplex requires one ADU of a minimum size or two smaller ADUs at the developer's discretion. Cash-in-lieu is also allowed. Haas noted generally where there is nothing to demolish, an ADU is built rather than paying the cash-in-lieu. Councilman Torre stated he does not feel compelled to approve this rezoning. Councilman Torre noted houses in the area are developed at R- 15. Councilman Torre said approval of this would be approving a 2500 square foot and another unit more density. Councilman Johnson agreed adding 2500 square feet is adding another house, with which he has serious issues. Mayor Klanderud asked the size of the approved lodge. Bendon said 17 lodge bedrooms, 2 affordable units, total of 14,000 square feet of FAR. Haas showed a ground and built approval of the lodge, recorded at book 65, page 38 to illustrate the lodge footprint. Councilwoman Richards agreed many citizens felt the Boomerang expansion was an inappropriate use in the neighborhood. Councilwoman Richards said there were persuasive arguments made by the applicants that they would be able to make this work with the existing Boomerang. Councilwoman Richards said she thought the lodge expansion was an overly ambitious plan. Councilwoman Richards stated she shares concern about increasing the floor area and allowing one more unit over what is allowed with R-15 zoning. Councilwoman Richards suggested ifthere are ADUs allowed, they be for sale units and perhaps they could be clustered near the Little Ajax project to the west.. Councilwoman Richards noted this is a large piece of property and is within walking distance of almost everything in the community. Councilwoman Richards said she does not feel that one large free market house fulfills any of the city's goals. Mayor Klanderud agreed she would like to see any affordable housing deed restricted. Mayor Klanderud stated she likes the proposal and is not troubled by 5 units; the ADUs would be small. Mayor Klanderud noted density and traffic were concerns expressed by the neighbors about the lodge expansion proposal. Councilman Torre said he would be willing to hear a proposal about mandatory for sale ADUs included as part of this. 15 Re!!ular Meetin!! Aspen City Council March 27. 2006 Councilman Torre said the application as it stands does not satisfy him. Councilman Torre said he would find it more in the context of the neighborhood ifit matched the R-6 zoning and the affordable housing on two sides of it rather than the R-15. Councilman Torre said he does not want just cash-in-lieu. Michael Hoffman, representing the owner, said when the owners purchased this last year with the PUD in place, they were aware ofthe opposition from the neighbors. The owners evaluated their alternatives. This proposal represents at least a 50% reduction in floor area. Hoffman agreed the approved lodge plan was particular to the then-owners. Hoffman said this proposal represents a net benefit to the neighborhood. Hoffman said he does not think the affordable housing or ADUs could be clustered without going through a PUD process. Hoffman reiterated this application is a reduction of 7 buildings to 3 and a reduction of FAR from 14,000 to 7,000 square feet. Councilman Torre pointed out it represents an increase of 2500 square feet over the R-15 zone which they have by right .Councilman Torre said clustering the ADUs is not important to him; what is important is that ADUs are constructed and lived in. Councilman Torre stated he feels rezoning to R-6 is a reward of2500 square feet and another detached unit and he is not compelled to approve the rezoning. "-..~ Councilman Johnson said the commonality between the approved PUD and what Councilwoman Richards suggested is that they both further city's goals of either replacement lodging or replacement affordable housing. Councilman Johnson said this proposal does nothing for the goals except break up the mass. The units may be smaller but they will not be lived in year round and they will generate employees. Councilman DeVilbiss asked the affordable housing for the lodge expansion. Haas said 2 affordable housing units were to be built as part of the lodge expansion. Haas said the land use code states if an ADU is a for sale unit, that square footage does not count against what is allowed on the property and Yz that square footage is added to the allowable in the free market. A 1,000 square foot carriage house or ADU would not count and the free market gets a 500 square foot bonus. Haas noted on the last case, Council made the argument that one unit not located on the site was a unit down valley. Councilwoman Richards said the lodge expansion proposal is fully approved and lodging does have benefits in rebuilding the community bed base and bringing vitality to the community. Councilwoman Richards agreed she can live with either ofthe two by-rights for this parcel with subdivision approval. Councilwoman Richards said she would consider a proposal that insured occupancy of the affordable units. Councilwoman Richards said she can live with a larger FAR when that serves a purpose in the community. Councilwoman Richards reiterated she does not see a compelling reason to approve the subdivision as proposed. Hoffman requested a continuance so the owners can discuss mandatory occupied ADUs. Councilwoman Richards withdrew her motion; Councilman DeVilbiss withdrew his second. Councilwoman Richards moved to continue Ordinance #6, Series of2006, to April 10th; seconded by Councilman Torre. All in favor, motion carried. 16 Re!!ular Meetin!! Aspen City Council March 27. 2006 Councilwoman Richards moved to suspend the rules and to extend the meeting to 10 p.m.; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #12. SERIES OF 2006 - Land Use Code Amendments Councilman Torre moved to read Ordinance #12, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE NO. 12 (SERIES OF 2006) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO TITLE 26 - THE LAND USE CODE - OF THE CITY OF ASPEN MUNICIPAL CODE. Chris Bendon, community development department, told Council section 1 and 2 address the pace of new growth and focus on the allowance of free market residential development. Bendon noted this is the throttle of growth management. New land use applications will have free market units associated and the yearly allotment is the meter on what growth can happen per year. This ordinance reduced the free market allotment by 50% from 37 to 18 units. Staff is recommending that only 6 of those free market units be allowed in the CC, C-1 zones annually. Councilwoman Richards asked if the 18 units/year could be any lower. Bendon said lowering it below 18 may risk the long-term sustainability of the community. Bendon said some evolution and rejuvenation of the city needs to occur. Councilwoman Richards asked about borrowing from future allotments. Bendon said in 2005, 36 units were requested. Bendon suggested this could be structured so that a certain number of units is restricted to the downtown area and if those are not applied for, they do not transfer elsewhere. Bendon said some units could be reserved for "exceptional" projects. Councilwoman Richards said she would like a list ofGMQS exemptions currently in the code. Councilman Johnson asked for a discussion of "first come, first served" units versus reserving units for multi-year projects. Bendon pointed out section 3 deals with historic landmark expansion and the language allows historic landmarks to add one free market unit. This does count in the annual allotment but can be approved by the director. Anything beyond one unit would be a P&Z review. Councilwoman Richards requested information on how this code section is working. Bendon said section 4 is about temporary vending in the commercial core. The existing code has an expiration date. Staff is suggesting the sunset language be deleted and allow for 6 month permits. Section 5 deals with historic landmark approvals and is a reference back to administrative approvals and how one mitigates for free market units in historic proj ects. ..... 17 Re!!ular Meetin!! Aspen City Council March 27. 2006 Section 6 regards change in use. Two sections are being amended (d) addresses the number of affordable housing units is not reduced through change in use to clarify that. (e) relates to the mitigation requirement for free market development and requires that affordable housing equal to 30% of the free market development be provided. It was staffs intent that be on floor area bases and to qualify as floor area, it needs to be above grade. One could have more than 30% mitigation on site but at least 30% would have to qualify above grade. Section 7 deals with the same floor area mitigation in mixed use projects. Bendon said section 8 is the section that all affordable housing goes through no matter what type of development. This amended language would require 50% ofthe net livable square footage of every unit be above natural or finished grade, whichever is higher. Bendon told Council there is no requirement in the land use code or the housing guidelines that require housing units to be above grade. Bendon said the code currently allows affordable housing units to be rental units and there is concern that units owned by properties might serve as a use other than affordable housing. Bendon said lodge or commercial operations may need housing that help sustain their operation. Section 9 is a procedural section for growth management to address projects that may require multi-year allotments and how that would work. Councilwoman Richards requested a copy of the scoring criteria used by P&Z for GMQS projects. Sections 10 and 11 implement a maximum square footage size for residential units in the CC and C-1 zone districts. This amendment limits those units to 1500 square feet. Bendon reminded Council one of the purposes of the infill program was to encourage density to add to the vitality of the downtown area. Ifthe free market square footage is developed as large, single residential units, some of the vitality will be lost. Bendon said single large units could take up an entire building. Section 12 is a requirement for floor area of the free market uses in the mixed-use district to be no more than the floor area of the commercial elements in the MU district. Bendon pointed out in the MU zone district there is a higher FAR allowed for mixed use proj ects, which is anything more than just one use and the commercial component could be as small as 200 square feet. This amendment suggests that the free market be no more than the commercial on the same site to have a balance between residential and commercial. Section 13 is the same amendment but for the neighborhood commercial zone. Section 14 deals with the multi-family housing replacement which currently requires when multi-family housing is torn down and replaced other than what is exactly there, 50% of the units, 50% ofthe bedrooms and 50% of the square footage be replaced as affordable housing on site. There is no requirement the units be above grade; this code amendment requires the replacement be 50% above grade. Section 15 is resale/rental requirements and implements a requirement that all units be for sale units and states the deed restriction should allow the city or housing authority to own and management the unit as a rental units. Mayor Klanderud said the issue of new rental affordable housing has to be addressed somewhere. 18 Re!!ular Meetin!! Aspen City Council March 27. 2006 ~~ Section 16 cleans up mandatory occupancy of ADUs. Bendon told Council there is a program that allows FAR bonuses for people who deed restrict their ADUs as mandatory occupancy. Bendon said after some were created, staff realized enforcement was almost impossible. There was a code amendment in 2001 in order to determine the market value of the bonus square footage and have that be a payment-in-lieu to the housing office in exchange for releasing the mandatory occupancy. At that time, the code amendment used the terms "assessed" value rather than market value. This changes that to "market" value. Bendon pointed out Section 17 deals with building heights. When the original infill ordinances was split into several different ordinances, the way in which height was measured was one of the first ordinances. Bendon said staff proposed to measure all commercial buildings at a flat roof. When the C-1 zone was addressed, two heights were proposed, 42' for flat roofs and 38' for sloped roofs and this section was not corrected. This cleans up the intent from the infill code amendments. Councilwoman Richards asked if this is where the definition of pitched roof and how much a roof is pitched can be addressed. Bendon suggested roof design is a complicated discussion and suggested P&Z, HPC and local designers review and make recommendations to Council. Section 18 provides a definition of mixed use, which is not as straight forward as more than one use. Bendon noted the 4 general land uses are commercial, residential, lodging and civic and this section adds a definition using those 4 categories. Bendon told Council the rationale for adopting this as an emergency ordinance is that any one of those provisions going through standard land use code amendment process could instigate a rush of applications. Staff is suggesting for the general health and welfare, this be adopted as an emergency. Councilman DeVilbiss moved to adopt Ordinance #12, Series of2006, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Richards, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #13. SERIES OF 2006 - Enacting a 6 Month Temporary Moratorium Councilman DeVilbiss moved to read Ordinance #13, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #13 (Series of 2006) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IMIPLEMENTING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY DEMOLITION PERMITS FOR LAND USE APPLCAITONS INVOLVING DEMOLITION WITHIN THE CITY OF ASPEN was read by the city clerk 19 Re!!ular Meetin!! Aspen City Council March 27. 2006 Chris Bendon, community development department, told Council this moratorium would allow staff to work with Council to come up with a system to meter permits for scrape and replace, demolition and redevelopment of properties. Bendon noted much development in Aspen is redevelopment for which there are already allotments and there is no provision to meter the pace of redevelopment. Bendon said there should be clarification about to what this applies, limited to single family and duplex or for all demolition, which is a much wider moratorium. Bendon told Council he feels 6 months is a reasonable time period to investigate a way to meter single family and duplex permits. Bendon said this addresses applications that may be in community development department and an appeal process for an applicant with a financial hardship to make that claim in front of a hearing officer. -- Councilman DeVilbiss asked if scrape and replacement development is regulated at all. Bendon said there are some mitigation required but there is no review for this type permit at all. Councilwoman Richards suggested affordable housing might be exempt from this moratorium, especially those units at Smuggler Mobile Home Park. Mayor Klanderud said growth is growth and if the city is trying to pace development, it should apply to all growth. Bendon stated before adoption, Council should decide whether this applies only to single family and duplex or applies to all development. Mayor Klanderud said ifit is all development that would not be a six-month process. Bendon pointed out any type of commercial, lodging or multi-family project goes through the land use code in some way. Councilwoman Richards said she would like to know the total amount of approved but not built FAR and what is in the pipeline. Councilman Johnson said he would like to know how close the town is to being built out. Councilman DeVilbiss moved to adopt Ordinance #13, Series of2006, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to adjourn at 9:50 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. athryn S. Koch, City Clerk '......... 20