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HomeMy WebLinkAboutminutes.council.20060522 Ret!:ularl\1eetinl!: ASDen City Council l\1av 22. 2006 CITTZE"l COMMb"lTS.__ ..,....,.... .. ................. ............2 COUNCILMEMBER COMMENTS ...... 2 CONSENT CALENDAR "..."..... "..."...".... . ..........." 2 . Re-kcyingAspen Country Inn... ....."....,... ,...."...., .3 . Resohdion #39, 2006 - Wheeler OpcraHouse Bakony Scats Refurbishment...... 3 . Rcsolution #40, 2006 - Watcr Treatment Plant Scdimentation..__ ... 3 . Minutes May9,2006,.. .,.....,....."....,...., ......,....,.... ,..3 ORDINANCE #20, SERIES OF 2006- 719 East Hopkins Subdivision. ....3 RESOLlTIO.'J #38, 2006 - Water Service Agreement Firc District North 40. .... 5 ORDINAKCE #21, SERIES OF 2006- Long (802 West Main) Rezoning ."... .... 6 RESOLliTION #41, SERIES OF 2006 - Memorandnm of Understanding with Aspen SchoolDistrict,....,...."...."..."...., .8 1 Rel!:ularMeetinl!: ASDen City Council Mav 22. 2006 Mayor Klandcrud called the meeting to order at S:OO p,m. with Councilmcmbers Torre, Johnson and Richards present. CITIZRN COMMENTS 1. Toni Kronberg said a nice job was done of the revamping of the S-curves. Ms. Kronberg suggested work be done at the light at Truscott so that it stays green between 3 and 6 p.m. to not hold uptrarfic. Ms. Kronberg brought np her request for an appcal hearing rcgarding various Issues at Galena and Main, Assistant City Attorney David Hoefer told Council this has been filed with staff and will be reviewed and forwarded to Council. COU;'olCILMEMBER COMMENTS I, Mayor Klanderud thanked Kids' First for the parade and for thc kids fair over the last week. Mayor Klatlderud thanked the recreatiotl department for the criterium run last wcekend, 2. Councilman Torre said Battlc of the Bands in Basalt is a grcat local event and is a cause to restore music m the schools, Their non-profit is National Jam FOlmdation. 3. Councilwoman Richards said the wmual slate of the river prcsentation "1111 be hcld May 25Lh in EI 1ebe1. Councilwoman Richards reported she attended the Bureau of Reclamation meeting. A hcalthy amount of water in Ruedi is cxpccted and all the rcscrvoirs that have extnl water will re1casc it a!1 at once to create con ditionsinthc Colorado river 10 hclp with endangered fish recovery efforts, 4. Councilwoman Richards said she attended the CML policy cOlmnittee meeting to review the existing policies ofCML. The policy committee wil1 pass rccommcndations on to the Colorado Municipal Leaguc mceting in June. Councilwoman Richards rcmindcd Council she brought to lhe allention ofthc policy the propose d forest service lands sales, which would pay for rural schools and roads. This is bcing formally opposed by CM L as an inappropriatc funding source for municipal needs. Councilwoman Richards said CML will be fonning an cnergy subcommittee to look at issucs of climate change, severance tax from energy drilling. S. Councilwoman Richards requested the city attorney's office distribute infonnation to bars and rcstaurants on the new clean indoor air act, which will take effect 1ulyl". CONS.ENT CALENDAR Councilman 10hnson requested Resolution #3~, Series of2006 - Water Service Agreemcnt Firc District North 40 be pulled. 2 Rel!:ularMeetinl!: ASDen Cio' Council Mav 22. 2006 Councllman Torre moved to approve the con,;ent calendar as amended; scconded by Councilwoman Richards. The consent calendar is . Rc-keying Aspen Country Inn . Resolution #39, l006 - Wheeler Opera Housc Balcony Seats Refurbishment . Rcsolution 1:40, 2006 - V,.'atcr Treatmcnt Plant Sedimentation . Minutes-May9,2006 Al1mfavor,motioncarried. ORDINANCE #20, SERIES OF 2006 - 719 East Hopkins Subdivision Chris Bcndon, community developmcnt departmcnt, told COlUlCil this is an existing 6- unit multi-family developmcnt at 719 East Hopkins, zoned mixed usc. This is a request to replace the existing development. Bendon told Council this meets lhezoning and multi-family housing replaccment program. Bendon said there are 6 units with 7 bedrooms, The replacement requirement is 50% ofthenllmbcr of units and.50% of the number ofbcdrooms and 50% of the square footage. The replacemcnt proposal is 5 units, 2 freemarkctand 3 affordable housing units "11th 4 bcdrooms. Thc,requiredsquare footagc for affordahlehousing is 1589 square fect. The proposal contains 1659 square feet o('afjordable housing. Bendon said Ihe project mcets standards of approval and staff is recommending approval. Bendon noted the affordahle housmg llnits are substantially below grade. Both P&Z and lhc housing board rcgistered eonccm about this specifically and ab out the housing replaccmcnt program generally. Bendon reminded Council ofthc recent code amendmentrcquiringall neW affordable housing be at least halfabovegrade. This project was submittcd before those code amendmcnts and IS not affected. Bcndon stated the current moratorium docs not affect this land u,;e application butw ouldaffecltheir building permit. Bendoll noted there is 1659 square feet of net livable for the affordable housing; howcver, Dilly 258 square feet counts toward,; the FAR because 1t is underground, Stan Clauson, represcnting the applicant 719 East Hopkins LLC, told Council this proposal provides 3 affordable housing unils, 2 studios and I two- bedroom unit. Clauson saidthcseare subgrade llllits; however, the code at thctime allowed f or subgradellllits. Clauson nOled this is a 6,000 square foot, fairlytightsitc. Clauson said there has hccn concem about subgrade affordablc housmg units; however, thc applicants fccl this project will be a benefit to thc neighborhood and will providc permanently deed r estrictcd affordablchousing. Clausonnotedthereisheadol1parkingforthisprojecl,whichison the city',; right.of-way. The applicants would rcmove that parking and would install curb,gutter,sidewalkandstreettrecs. There would be 3 newparallcl parking spaces on IhestreeL The garages will bc on the rear ofthc property. 3 Rel!ularMeetinl!: Aspen Citv Council Mav 22. 2006 Clauson showed an elevation, the two free market units on strect level. Thc affordab1c housing umts arc handicap acccssible with an elevatorscrving the 10 werleveL Eachunit mccts the size standaros in the housing guidelines. Councilman Johnson noted for whcclehairaccessibility, in the evcnt ofa fire, an elevator is useles s and there isno acCeSS. Councilwoman Richards askcd how many parking spaccs are providcd for the affordab1chousingunitsinthegarage. Clauson said there arenonc, COllllcilmanTorre asked about thc allowable FAR. Bendon said in the MU zone district thcre IS a phascd FAR and an lllcreased in FAR is available through special revicw if there is a minimum amount of affordable hOLlsing on sIte. That has been mct and the increase in FAR has hccngranted. Mayor Klanderud opened the public hearing, There were no comments. Mayor Klandcrud closed thc public hearing, CouncIlwoman Richanls said she questions whether this application meets the intent of the Aspen Arca Community Plan. The plan puts people first and having all 3 affordable housing units fully subgrade is like a form ofsegrcgation and demcaning to thc life of the people in those units. Councilwoman Richards noted 6,323 square feet of free market 100% above gradc for 2 units andllo affordable housing units above gra de does not meet the intent of the AACP. Couneilwoman Richards stated thcre is a reduction of density of thetotalnumberofunitsfrom6toS and that also does not meet the intent of in fill, which i, to increase the density of people living downtown. Councilwoman Richards asked how much thc FAR bonus is. Bendon said it goes up 2S% or 1500 square feet for this project. Councilwoman Richards said she thought havingtllis bonus available was to be ab1c to make more livable units. Nonc oftllat livability translates to thc affordable hou,ingunits, Councilman Johnson said the intent of in fill was to get morc people downtown and tbis proposal get fcwcrpeople. ThcdcnsityisredLlccd;thelivabilityoftheunitsis inadcquate; parking is an issue. Councilman Johnson statcd this is not consistent with thc AACP or with the intent bchind infill, which legislation benefits this projects. Mayor Klandcrud said she does not particularly like thc bclow grade units. :v!ayor Klanderud noted some projects havc window egresscs that provide more light than this proposedprojcct. Mayor Klandcrud asked if this was deficient paTkingto begin with. Clauson said this sitc providoo no on-site parking and docs not have t o mitigate for that. BillPol!ock, architcct,told Council thc larger the affordablehous ingunitsarc,themore that counts towards thc FAR. Exposing buried walltnmslatcs into floor area that counts. Councilman Torrc stated he agrecs with the arguments made by Council. Councilman Torrc said this project docs Ilot satisfy the nccds of the commlmity and be cannot support it. Councilman Torre said mccting the minimums is not always enough. Councilman Torresaidhewouldcontinuetl1isinordcrtoseeanamendcdproposal. Curtis Sanden;, representingtheapplicant,saidtheissueiswhcthertheapplicant has comp1ied with the applicable rules alldthe applicant has met the criteria. Sanders said the applicants discussed the constraints of the space at P&Z. .'vIayor Klanderud agreed the code was 4 RCl!:ularMectiul!: Aspen Cih Council Ma,,22.2006 followed; however, she is concemed about egress from the subgrade uni ts and nothing on the east side. Mayor Klandcrud stated hcr concems have to do with health and safely standards. CouncilwomWl Richards reitenlled this is not consistent with the goals of the AACP; it is not consistcntwith lhe intcnt of the inJlll legislation. Councilwoman Richards questioned the appropnatcncss of allocating an FAR bonus to this project as thep rojeet does not seem to merit exccptional standards, Councilwoman Richards stated it is a reduction of density in rhe dovmtown in number of units. Thcre are no parking spaces for the aiIordablehousing. Therewillnotbeanetgainofanyspacestotheneighborhoodwhen thctcnantsoftheaffordablehousingparkonthcstreel. Councilwoman Richards said she cannot support this project but would support acontitluance for a chance loredesign. Councilman Jolmson stated the city's subdhision criteria have no t changed reccntly. Councllman Johnson said thc generalrequircments of sections (a) a nd (d) have not changed, Councilman Johnson said one reason to have a landusc code is todcalwi ththe health,safetyandwelfarcofthepublicandhecannotseparatetheissuesoflivabijjty from thosc ofheallh, safcty and welfare. Mayor Klandcrud agreed some better project could be huilt ontllis site. Pollock said the intent was not to segregate the affordable housing, The affordable housing units are large and takc up about 50% of the project. Councilman Jolmson said with the garage abovctlle aiIordableunits, it could be interpreted that ca rsare litcrally above and metaphorically above employccs, Mayor Klanderud asked why a tv,'o-car garage IS being provided for the frec market units and the affordable housing units have no parking spaces. Clauson said the market requires II-vo parking spaces for free market units. Clauson said th,S 6,000 square foot lot is in the middlc ofablock and i s constramed. Councilman Torre movcd to continue to June 12, 2006; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #38. 2006- Water Scrvice Agreement Fire District North 40 Couneilman Johnson noted there is a commercial ]ot that does not havc water service and a.~ked if approving this watcr service agrecmcnt would automatically mean that commercial lot will have water, Phil Overcynder, water department, said this will preserve thc option for COllncil to review in the future whethcr that commcreiallot fits the AACP and would fall under the 1969 agreement or not. Councilwoman Richards moved to approvc Resolution #38, Series of2006; seconded by Couneilmall Torrc. All in favor, motion carried. (Councllman DcVilbiss came into the meeting). 5 Ret!:ularMectiol! ASDen City Cooncil Ma,' 22. 2006 ORDINAl'\CE #21, SERIES 01<' 2006 - Long (802 Wcst ),1ain) Rczoning Chris l3endon, community dcvc10pment dcpartment, IOld Conncil thisisl ocatedat thc comer of7'h and Main, is 9,000 square foot property known as the Long family property and is dcveloped with a single family residence. This parcel is zoned R-IS, a rcsidential zonedistrictrcquiring 15,000 square feet of lot area. BcndontoldCouncilstaffsupports thisrczoningTeqllcst. TI1is IS a gatcway to IOwn, is an area Wilh heavy lrJITic, an area affected by hcadlights of cars entering and leavmg lown. Bendon said staff feels a single family ordup1cx does not fit this cnvironment and a building that could s hielditselffrom this corner would bc more appropriatc, A building with more mass would be appropriate. Staff fcels a mlxed-lkSc dcvelopment would be more fitting than single family. H might bean opportunity for local1y scrving businesses. Bendon pointed out to the north and to the west]s RMF, residential multi-fan1ily, to thc east is the Main Street historic district and zoncd MU, and across the street is a n affordable housingprojcct, and to the south is zoned R-15. Bendon said this site will bc redeveloped and the issuebeforc Council is what qualities lhat rcd cvelopmentshould havc. Withl'vfUthcrcwouldbeamixoffreel11arket,affordablehousingandsome locally scrving businesses. Bcndon said mixcd-use zoningreprcsents a greater impact; however, thesc impacts are design related. P&Z votcd in favor of this proposal. COllncilman Johnson askcd the requiremcnts of the lTIlxed-usc zone. Bendon said the free market dcvelopment cannot cxcccd the amount of eommerclal on sitc, a 1 to 1 ratio. The affordable hou5ing will be denved lrom two sources; it mitigates for the commercial developmcnt, for employee generation. On-sitc affordable housing can serve both the commercial and thc free market housing requirements. Stan Clauson, representing thc applicants, illuslratcd the surroundin gzoningandnoted only 802 West Main on the we,t sidc of Main street is zoned R-1S, This sitc is impacted by traffic, the headlights of cars pomt directly into the existing house. Clauson said this propcrty was formerly wncd 0, office and was rczoned to R-IS. Clauson said this sitc could handle abuilding of the dimcnsion and si1.e of the building a t the southeastcomcr of 7'" and Main, TIlissiteisnotsuitableforasing1c-familyresidencc. Clausonsaidlhis isarequestforrczoninganddoesnothaveadevel()pmcmplan,whichisnotrequired. Clauson said it wOllld bc premature to do a development plan, not knowing what the zoning would be. Clauson stated it would bc the intention to havc office, freemarkct and alTordablchousinginthi5development. Ron Long, applicant, said not only do headlighls comc into the propertyblll cars also comc onto the property. Long told Council the highway has always been there and lncreascdgrowthhasexacerbatedtheeffectsofthehighway. I.ong said even If the direct alignment of"thc highway is adopted, this sitewlll still bc on the highway. Long said al'fordablc housmg on this site would be closc to transportation andt o town. The plan is to have low impact businesses with daytime hours impacts. MayorKlandcrudopenedthepublichcaring, 6 Rel!ular Meeting ASDen City Council Mav 22. 2006 Warren Klug, resident of the Villas, presented a \cller ouUining concerns of the Vil1as. Klugsaidredevelopmcmandrezoningofthispropcrtywouldmakesenseand agreed a smgle-family re,idenec does 1101 make sen,e. Klug said residents at the Villas are eoncemcdwithzoningtootherthanrcsidentiaL Thisisadenscresidentialarcaincluding 3ffordable housing. The existing residents are concerncd with any commercial dcvclopment that might increasc traffic including delivery trucks. Klugsaidthercarc altemativcs, like rewning this RMF. Klug noted that all development to thc west of7" strect is residential and they would likeitto remamresidcntial, Mary Wolrcr, Bavarian, said they are concerned for thc children in Ihc area, Therc are over20kidsundcrIOinthearca.ltisaconccrntoaddmoretraffic. Nancy Hendricks, Villas rcsident, said thcyare coneerncd about any increase in traffic. Ms. Hendricks said the city should buy lhe property and establish apoeket park. Toni Kronberg supports this rezoningtomixcduse. Thercare some good alternatives for this bloek and itshouldbc made one ofthc city's jewel corncrs. Che1 Feldman, Villas of Aspen, said lcllers sen110 Couneil pointou1 their concerns, Feldman said 1hcheadlightissucscould be solvcdby design. Feldman said commcreial zoning should not be cxtended into completely rcsidentialarea. MayorKlandcrudelosedthepublichearing, Clauson said the mixed usc is not a commcreial zone and thc permitted uscs are limited to affordablc and free markelhousing, the other allowed uses are service, 0 mcc,lodge,arts, cultural and civic and recreational. Retail IS only allowed with a historic propcrty, which this is not. Clauson noted this property was looked at in context with the record of decision on highway 82. Thccurrentrecordofdecision calls fora signal at this intcrsection. Clauson said as part orthe growth management approval process, ther e wouldbcatrafficanalysisfortllisproject. Mayor Klanderud said when Council discussed the mixed-use zone, it was never intcnded to extend west of7til. Mayor Klanderud stated she is eonccrncd tl1is wouldbccome incremental zoning. Mayor Klanderud said shc cannot support rezoning to MU but could support arczoning 10 Rl\1F. Mayor Klandcrud agreed this is not a good location for a single-family structure. CoullcJlwomall Richards noted thc letters from the public and thcir eoncems. Councilwoman Richards said therc is no offstrcct parking in this area, Councilwoman Richards said the mixcd-use zOl1e allows up to 17 diffcrentuses and th cdevelopment plan is not known, Councilwoman Richards stated she, too, is concerned about extending thc MU zone across 7'h street. Councilwoman Richards agreed this is a difficult sitc and thereareothermoTeappropriatezonesrorthissite,hkeAH. This sitchas access issues for cars travcling west. Councilwoman Richards said this increases density without knowing what for. ' 7 Rel!ularMeetinl!: ASDen Citv Council !\1av 22. 2006 Coul1cilman Johnson asked why thc eommereial at 7'h and Mail1 was abandoned, :vtayor Klanderud said there were traffic considerations. The cOlnmereial space was designed to providcneighborhood shopping but it was not a good location fortha tuse. Mayor KlandcrudreiteratedheroppositiontoMUzoningextendingacross7thstreet is that the MU /.One comes to a natural end at 7th and Main, Councilman DeVilbiss stated thc cvaluation ol'this rezoning request from the Chainnan ofP&Z was articulatc and specific andhc agrees wilh that. Councilwoman Richwds moved to adopt Ordinancc #21, Series of2006, on second reading; seconded by Councilman DeVilbiss. Clauson asked if this couldhc continued to consider a differenl ca tegoryso that it would not be stopped by the moratorium. Assistant City Attorney Hoefer stated this process needs to begin again with notice and hearings beforc P&Z, Councllman Johnson statcd this opplication does not meet criteria (a)(c )(d) or (i) for rczoning and hc cannot support it. Roll call vote; Councilmcmbers Johnson, no; Richards, no; Torre, no; DeVilbiss, no; Mayor Klanderud, no. Motion NOT carried, RESOLUTION #41. SERIES OF 2006 - Memorandum of Understanding with Aspen School Dislrict .lcffWoods,parks and recreation director, told Council the cityhashad a great working relationship \~ith the school. The original IGA started in 1997 and was the beginning of the commLlnity campus, working with the school to create a campU5 to allow recreational, cultural, educational opportunities for the entire cOllUllunity. This IGA allows shared parking and the city and school using each other's facilities. Thisisathirdanlendment encompas8ing improvements to the agreenlel1l, Woods said the school approved this agreemcnt last week. This addresses the new synthctic turf, which will allow morc use of the ficlds by the community at large, Tim Andcrson, recreation director, said the agreement covers bette rschcdulingoflhe parkmg and the use oflhe facilities. Usechrn:geadjustmcntsbetv,eenthccityandthe school have bccn refmed. COlmcilwoman Richards asked about the detailed cost sharing. Couneilwoman Richards Iloted whcn the city purchased the ycUow brick school and purchased the Moore property, part of that agreemcnt was that thc city would pay for water and for maintenance for the first 10 years. Thc cost shanllg would be negotiated afterthaL Andcl'sonsaidhcwil1havetochccktheoriginalagreementandscewhenthat 10 ycars expIres. Mayor Klanderud asked aboutthc clause, use of the 1ights on thc field maYl10t cxeeed 10:30 p.m. Mayor Klanderud said shc feels 10:30 p.m. is late. The school district needs to get approval fromtlle neighbors to get night lights, Therehavc been concerns with the 8 '''-~--- Rel!:ularMeetinl!: ASDen Citv Council l\1a)'22.2006 ncighbors.Woodssaidtheschoolisgoingthroughapublicprocessregardingnight lights. Woods said this time is only for city events, not school evcnts,w ldcanbcde1eted. Woodsnotcdthis;sayearlyrenewahleagrcementandthattirneeanbeadjus\ed. Councilman Jolmson suggested amending the agreement to state city cvcnts will bc consistent to the school district's agreement v>iththeneighhorhoo d, Councilwom<Ul Richards said she has heard conccrns about the lack of lighting on the bridge to thc ARC from Buttermilk, and thc lack of signs toward the ARC. Councilwoman Richards said she would like staff to look at improving aeccss, lighting and safety to the ARC. Woods said staff is looking at scheduling as well as way finding and lighting on the bridges. Councilman Torre moved to approve Rcsolution #41, Scries of2006, with an amendment to the dause light usage not permitted beyond 10:30to"consistcncywiththe$chool Dislricts policy": seconded hy Councilwoman Richards. All in favor, mOlion carried. Councilman Johnson moved to continue thc meeting to 4 p.rn, May 23, 2006, for an cxceutive session; scconded by Councilman Torrc. All in favor, motion carried. C0\ll1cillcftthemeetingat7:ISp.m, Kathryu $, Koch, City Clerk 9