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HomeMy WebLinkAboutminutes.council.20060828 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 SCHOOL PARKING AND TRAFFIC...............................................................................2 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS.................................................................................. 3 CONSENT CALENDAR................................................................................................... 4 · Resolution #67, 2006 - Supporting Referendum I: The Colorado Domestic Partnership Act................................................................................................................ 4 · Resolution #70, 2006 - Supporting Safe Climate Act............................................ 4 · Minutes - August 14, 2006..................................................................................... 4 RESOLUTION #66, SERIES OF 2006..............................................................................4 FIRST READING OF ORDINANCES.............................................................................. 4 · Ordinance #34, 2006 - Supplemental Appropriate................................................. 4 · Ordinance #36, 2006 - Jewish Community Center Subdivision ............................ 4 · Ordinance #37,2006 - Dean Street Vacation......................................................... 4 ORDINANCE #28, 2006 - Lift One Condominiums PUD................................................ 6 ORDINANCE #35, SERIES OF 2006 - North Spruce Street Water Agreement Amendment..... ... ... ... 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'" ... ... ................ ... ...... ... ... ....... ... ....... 7 ORDINANCE #26, SERIES OF 2006 - Boomerang Lodge PUD..................................... 9 ORDINANCE #31, SERIES OF 2006 -100 East Bleeker Establishment of2 TDRs..... 12 ORDINANCE #32, SERIES OF 2006 - 403 West Hallam Establishment of2 TDRs.... 14 RESOLUTION #69, SERIES OF 2006 - AppealofCode Interpretation Section 26.425- Sardy House...................................................................................................................... 14 HOUSING RENT SUBSIDY - Aspen Country Inn........................................................ 18 RESOLUTION #68, SERIES OF 2006 - Ballot Questions............................................. 19 RESOLUTION #71, SERIES OF 2006 - Ballot Question Recycle Center .....................20 RESOLUTION #65, SERIES OF 2006 - Calling a Special Election November 7, 200621 I -, Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, Johnson and DeVilbiss present. SCHOOL PARKING AND TRAFFIC Loren Ryerson, Chief of Police, told Council opening school day went very well with a lot of kids riding the bus. Ryerson thanked parents and said he hopes the parking/transportation situation continues this way. The key is public transportation and people using it; the school and the community have great transportation systems. Lee Cassin, environmental health department, noted this Friday night is the first night football game ofthe season and encouraged everyone to ride public transportation. Ms. Cassin noted PM 10 and global warming are caused in part by vehicle emissions. There are 5 RFT A buses/hour and the bus stop is closer to the football field than one can park. Ms. Cassin said she saw more families riding their bike to school this morning than ever before. CITIZEN PARTICIPATION I. Jim Markalunas presented bouquets of sweet peas reminding Council this is the official flower of Aspen. Markalunas also presents thistles, the unofficial ubiquitous flower of Aspen. Markalunas said the city should make the effort to reduce the number of thistle plants on city property. Markalunas suggested legislation that incorporates mitigation of tree damage after construction. With so many projects digging basements to the property line, trees are being affected. Markalunas said contractors should water trees and vegetation during construction. 2. Les Holst thanked Council for all their work on land use issues. Holst suggested Council take back the power from developers and from staff, and Council should guide development. Holst gave Council a study published by the National Historic Trust, "Economics of Historic Preservation" and included a paper from Santa Fe, New Mexico, on how land use codes fit in with historic preservation. 3. Toni Kronberg requested Council explain the contents of Resolution #66 and how that would affect Aspen as a home rule municipality before voting on it. Ms. Kronberg suggested the city rehire the land use consultant as all the expertise is needed to get new land use codes. Ms. Kronberg brought up the new buildings behind the Conner cabins and how they were approved. Ms. Kronberg said these cabins went through HPC design guidelines and to P&Z for a view plane variance where they asked for an exemption of 31'. These new buildings overwhelm the entire block and they benefit 3 people. Ms. Kronberg said Council should broaden the scope of the moratorium until the city can look at what has been approved and that these buildings meet all guidelines and regulations. Amy Guthrie, community development department, said this property went through a review with the Historic Preservation Commission as the land use review board. In this review, things that needed to be reviewed versus what was allowed by right were identified. The buildings are under the height and FAR limits. These are large buildings and they are a trade off for preservation of the 3 small cabins on the front of the property. 2 'Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 COUNCILMEMBER COMMENTS I. Mayor Klanderud congratulated the ASDen Times for their I 25-year celebration on the grounds of the Aspen Historical Society. Mayor Klanderud encouraged people to buy a week/month/year of digitizing the Aspen Times. 2. Mayor Klanderud thanked Chip Cummins, city staff and other organizations who participated in Renewable Energy day. It was a successful event and amazing to see the development and activity in the area of environmental concerns. 3. Mayor Klanderud requested Resolution #70, supporting Safe Climate Act, be added to the agenda. Councilwoman Richards said it is exciting to see legislation at the federal level and this should receive grass roots support. 4. Councilman Torre urged everyone to register to vote and to vote in the upcoming November election, as the ballot will have issues important to the residents. 5. Councilman Torre brought up the city and county staff that went to the dump and went through a truckload oftrash to determine what is being thrown away that could be recycled. Councilman Torre noted 25% ofthe trash was cardboard, which is very easy to recycle. Councilman Torre said he is encouraged that recycling has gone up 300% since the city's new ordinance; however, there is still a lot of room for improvement. Councilman Torre said the life of the landfill is at stake! Lee Cassin, environmental health department, said anyone who has questions about recycling, call the environmental health department at 920-5039. 6. party. Councilman DeVilbiss congratulated the Aspen Times on their 125th birthday and The Aspen Times is a great bunch. 7. Councilwoman Richards said there are some very important issues on the November ballot. 8. Councilwoman Richards said the United States is a country at war and citizens are making the ultimate sacrifice for their country. Councilwoman Richards noted Aspen seems far away from the conflicts and gets caught up in local problems. Councilwoman Richards requested each Council meeting begin with a moment of silence to acknowledge the 2600 people who have died in this war as well as the thousands who have returned injured. Councilwoman Richards noted it is important to bring this issue into Aspen. 9. Bentley Henderson, assistant city manager, armounced the Burlingame affordable housing lottery will be held September II th and the application period is open until September 6th. There is an open house August 30th. Henderson said this is a great project and will be a benefit to the community. 10. Mayor Klanderud agreed with Councilwoman Richards' suggestion and pointed out the next meeting is September 11 th and this will an excellent time to remember both 3 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 9/11 and the casualties from the wars in the Middle East. Mayor Klanderud agreed the wars do put Aspen's challenges in perspective. CONSENT CALENDAR Councilman Torre requested Resolution #66, Series of2006, be pulled for explanation. Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is: · Resolution #67, 2006 - Supporting Referendum I: The Colorado Domestic Partnership Act · Resolution #70, 2006 - Supporting Safe Climate Act · Minutes - August 14, 2006 All in favor, motion carried. RESOLUTION #66. SERIES OF 2006 Steve Barwick, city manager, told Council this ballot issue was a citizen initiative and if adopted would supersede and overrule all conflicting provisions of the Colorado Constitution as well as the city's Charter. Barwick stated this amendment would postpone the effective date of ordinances up to 11 months. The amendment severely limits information given to the public on ballot issues and would impose fines up to $3,000 on any government officials who gave out any information on ballot issues. Mayor Klanderud said this initiated amendment goes way beyond what the Constitution had in mind for citizens. This would not further debate or a well-informed public. Councilwoman Richards stated the Colorado Municipal League opposes this. This would make every action subject to initiative. Councilwoman Richards moved to approve Resolution #66, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #34, 2006 - Supplemental Appropriate · Ordinance #36, 2006 - Jewish Community Center Subdivision · Ordinance #37, 2006 - Dean Street Vacation Councilman Johnson stated he has a conflict on Ordinance #37, Series of2007. 4 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Councilwoman Richards moved to read Ordinances #34 and 36, Series of2006; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 34 (Series of 2006) AN ORDINANCE APPROPRIATING A DECREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF ($537,132), AN INCREASE IN THE GENERAL FUND OF $471,267, AN INCREASE IN THE PARKS FUND OF $2,896,688, AN INCREASE IN THE WHEELER FUND OF $160,831, AN INCREASE IN THE PARKING IMPROVEMENT FUND OF $1604, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $754,534, AN INCREASE IN THE KIDS FIRST FUND OF $2,387, AN INCREASE IN THE PARKS CAPITAL IMPROVEMENT FUND OF $656,576, AN INCREASE IN THE WATER FUND OF $407,094, AN INCREASE IN THE TRANSPORTATION AND PARKING FUND OF $68,035. ORDINANCE NO. 36 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY AND HISTORIC DESIGNATION, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Richards moved to adopt Ordinances #34 and 36, Series of 2006, on first reading; seconded by Councilman DeVilbiss. Councilwoman Richards said for second reading she would like to know about the proposed relocation ofthe irrigation ditches, whether this means they will be piped and undergrounded or just moved. Councilman DeVilbiss said he is curious why the mitigation for employees is less than 60%. If the goal is to house 60% of Aspen's employees, the development should provide for 60% ofthe workers generated. Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to read Ordinance #37, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. .37 (Series of 2006) 5 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO VACATE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councihnan DeVilbiss moved to adopt Ordinance #37, Series of 2006, on first reading; seconded by Councihnan Torre. Roll call vote; Councihnembers Richards, yes; DeVilbiss, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. Councihnan Torre moved to continue Ordinance #35, Series of 2006, until later in the meeting; seconded by Councihnan DeVilbiss. All in favor, motion carried. ORDINANCE #28. 2006 - Lift One Condominiums PUD James Lindt, community development department, reminded Council this is continued from a month ago at which time staff and the applicant submitted their requests and recommendation. Council requested a site visit, which was conducted August 7'h with 3 Councilmembers attending. Council also asked for design options that were presented to the homeowners. Lindt told Council staff researched the issue on whether this building was conforming when built. Lindt said the building was compliant with the height limit when built. At the time the building was built, the methodology took height calculation from street grade, which was probably taken from the adjacent street grade of South Aspen street, which is much higher than the way height is measured today, which is to drop it to the lowest point of grade. Lindt reminded Council staff is split on their recommendation with some staff feeling it is appropriate to allow beautification as a community benefit and with little impact on the adjacent property owner. Other staff members feel it inappropriate to allow for a height increase on a non-conforming building. Paul Taddune, representing the applicant, pointed out notices of this project were sent out several times and there has been no objections from the neighborhood. Taddune noted the only request in this PUD is for the roof elements. Seth Hmielowski, architect, presented A20, existing elevation, A21, north and south elevations and A22 east and west elevations as proposed and A23, photos and perspectives. Hmielowski showed photos taken from Durant and Monarch with the proposed gable roof superimposed; a picture halfWay down Durant with the gable superimposed, at the corner, and at the entrance of Lift One. Hmielowski presented a drawing showing Lift One without any gable roof additions, which would be the same roofline. Gus Gustafson said this is a very horizontal appearing building and the preferred design was to give it more detail and articulation. Gustafson said the homeowners are willing to invest money to upgrade their building. Taddune noted these gable elements are to help hide the mechanical elements on the roof. Councilwoman Richards said her boyfriend works across the street; however, she has not discussed this project with him. Taddune said the roof elements would not be lived in; they do not fill the entire floor; they are architectural details. 6 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Mayor Klanderud opened the public hearing. Bruce Wang, Lift One homeowner, said there have been no objections from adjacent property owners; staff and P&Z both approved this proposal. Wang said the design follows the city's comprehensive plan of adding architectural elements to a building and these elements are of no impact to the surrounding properties. Wang noted Lift One is one ofthe first properties many see coming into the central core and it should have a more Rocky Mountain feeling. Mayor Klanderud closed the public hearing. Councilwoman Richards stated she supports investment in existing buildings but is concerned that the only way to modernize the appearance of this building is to add height. Councilwoman Richards said there is a proposal for a large project behind Lift One and during review of that project, the Lift One building required everything along the Juan street side be only 28' and there were concessions given to meet that requirement. Councilwoman Richards said she has a hard time setting a precedent that height is what makes a building modern or exciting. Mayor Klanderud said one size does not fit every circumstance. Mayor Klanderud said concerns were expressed that this is an old building and is non-conforming. Mayor Klanderud noted there is debate in the community about scraping old buildings; these homeowners are proposing not to scrape and replace. Mayor Klanderud said Council should encourage renovation; this building is part of Aspen's history. Councilman DeVilbiss said the existing building exceeds the height limit of28' for multifamily buildings in the underlying zone district and he is not in favor of increasing the height. Councilman Torre said he wanted to see renderings of improvements that avoided adding any extra height but still gave it a broken roof appearance. Councilman Torre said he does not see the necessity for adding any heights. Taddune said some of this design work is dressing up the mechanical units and hiding those elements. Councilwoman Richards reiterated one could make improvements to this building without any height increases. Councilwoman Richards moved to adopt Ordinance #28, Series of 2006, on second reading; seconded by Councilman DeVilbiss. Mayor Klanderud said there are concerns about height. This is not a flat roof 46' across; only one element is 46'. Roll call vote; Councilmembers Torre, no; DeVilbiss no; Richards, no; Mayor Klanderud, yes. Motion NOT carried. ORDINANCE #35. SERIES OF 2006 - North SDrUte Street Water A2"reement Amendment Councilman DeVilbiss recused himself. 7 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Phil Overeynder, water department, told Council there is an agreement to extend water service to north Spruce Street area and this is a proposed amendment to that agreement. Offender said the house at the top ofthis street was on a well and the city agreed to extend water to this area. Overeynder told Council a private water system and pump station for a certain capacity served this. Over the last 10 years, the system has gone beyond the capacity. The applicant made application for a larger house, which was not approved because there was a problem with the water service agreement and the physical facilities. The applicant has worked out an agreement with the North Spruce street association who concur service can be extended. Mr. Lichtenstein has agreed to make improvements to the pump station to get physical facilities to the top of the hill. Staff recommends approving the water service agreement amendment to increase the amount of water delivered. The alternative to approving this water service agreement is that a well would be dug. Overeynder told Council this has the endorsement of both North Spruce street homeowners and Williams Ranch association, who operate the pump station. Councilman Torre asked what is the existing problem with the pump station. Overeynder said the pump station is privately operated and does not meet the standards of the city's water department. Over the last 10 years during peak summer demands, the pump station carmot meet all demands. Scott Miller, representing the applicant, told Council the homeowner requested an increase from 3 to 5.5 ECUs for interior redesigns, no increase in the FAR, but adding additional water using fixtures inside. Councihnan Torre said he does not support additional water usage and additional water using fixtures, landscaping of 5,000 square feet. This request seems to go against the city's conservation measures. Councilwoman Richards asked if there is a landscaping envelope rather than changing the native landscape. Overeynder told Council 5,000 square feet for landscaping is less than the previous homeowner had. Miller said this is a small footprint around the house. Mayor Klanderud opened the public hearing. Si Coleman asked if grey water can be used for irrigating. Overeynder said the city does not have a policy. The state policy is restrictive and would not allow this to happen. Mitch Haas told Council the county approvals for this structure are vested; the building envelope was only the disturbed area. Mayor Klanderud closed the public hearing. Councilwoman Richards said she will take staff's advice and approve a system that is sufficient for fire suppression. The city does not have authority over the size of the structure regardless of this approval or not. The approval will benefit other residents. Councilwoman Richards moved to adopt Ordinance #35, Series of2006, on second reading; seconded by Councilman Johnson. 8 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Councilman Torre stated he will vote against this because there are more lots in the area and this is not responsible growth. Councilman Torre said taking the applicant's ECUs offline would make the existing system work better. Councilman Torre said pump needs in this area should be addressed separately. Roll call vote; Councilmembers Torre, no; Richards, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #26. SERIES OF 2006 - Boomerane Lodge PUD Joyce Allgaier, community development department, told Council there have been changes since the last meeting. Ms. Allgaier said these changes reflect Council's concerns about the project. The third floor on the east wing has been removed; this removes 5 units from the lodge for a new total of 47 lodge units and the height on that east wing will remain what it is today. One free market unit has been removed from the west end and reduced the height in that area. Staff and Council stated height, mass and the relation of the building to the neighborhood have been concerns. Ms. Allgaier said the average unit size is still 500 square feet to be within the lodge incentive parameters. The maximum height ofthe project is on a partial floor in two areas, which is only 17% of the project. The height of the entire project has been reduced and the majority ofthe structure is 34'6". Ms. Allgaier said an operational plan has been included to illustrate how a condo/lodge would function. The general operating characteristics are typical in other condominiumlhotels and fractional fee projects. The condominium units will be subject to the city's occupancy limits of 30 consecutive days and 90 days/year. Ms. Allgaier pointed out the unit size does not lend itself to full time occupancy. There will be a front desk and all owners are encouraged to rent their units to support the lodge's overhead. Ms. Allgaier said lodge owners will be required to confirm reservations for use of their own units, which should allow for better planning and marketing. Ms. Allgaier said steps have been taken by the applicant to address staff's original concerns and those expressed by Council. Augie Reno, architect for the project, handed out revised exhibit C with the changes to the building. The building height has been reduced by 2.5' since the last meeting by sinking the building an additional 6" into the ground and taking 6" from the first and third floor and I' out of the taller pods. Since the original presentation, the building has been reduced 5.5'. Drawing A20l illustrate the original heights and the new elevations. Reno noted the third floor has been entirely removed from the east wing. Reno noted drawing A202, south/alley elevation and pointed out the changes from the last presentation and where the free market unit was removed at the west end. Reno presented A202, the same drawing without trees, showing where the free market unit on the west end was deleted and the eastern wing. Board G0003 is the roof plan which shows the east wing is 23' and is 28% of the roof; the center section has two pop ups at 36'6" representing 17% of the building. The rest of the 4th floor is 34'5", a 2.5' 9 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 drop from the presentation two weeks ago. This height is 24% of the building and the west wing, a floor was removed and the height is 26'6" and is 31 % of the building. Drawing A202, south elevation, shows a parapet where some of the new mechanical equipment will be hidden. Reno told Council the object is to have the roof as free of mechanics as possible for aesthetics and also it is harder to maintain that way. Reno showed A104, the 3'd floor plan and where the 5 rooms were deleted. The partial 4th floor AI05, shows that this is 50' from the property line, which is halfthe distance of the depth of the property. Reno said 83% of the entire roof is at or below 34'. The partial 4th floor has been reduced 27%; only 13% of the floor area ofthe building is on the 4th floor. The 3'd floor on the eastern portion of the building has been eliminated; the number of free market units has been reduced from 6 to 5. The average hotel unit is just about 500 feet; the largest unit is 2500 square feet. The square footage of the free market units has been reduced by 17%. Sunny Vann, representing the applicant, told Council the current owners ofthe Boomerang wanted to remodel and update the Lodge. The city recently passed a lodge incentive ordinance. The applicants realized because this is in a residential neighborhood that the project would have to be compatible with the neighborhood. The applicants used the lodge incentive regulations to craft a project that would be suitable. Varm noted that Council felt this was too big for the neighborhood. The applicant has made changes trying to address these concerns while maintaining the ability to reconstruct and build a . lodge on this property. Vann pointed out this building is now 6' lower than the original presentation. The free market residential component has been reduced. The applicant has tried to give assurances on how this project will function as a lodge. The design ofthe project was implemented to make it a lodge unit rather than a residential condominium with several bedrooms. These design will limit the attractiveness for full time occupancy. There will be a front desk, amenities, corridors, parking; the project is not designed as a residential project. Condominiumization is permitted unit the city's code. In Aspen, condominiumized lodges have functioned as part of the short-term rental market for years. Vann stated the only variance requested is for a setback in the sub grade garage, requested by the parks department to further insure the survivability of the trees. Varm said this project addresses community goals; it upgrades and improves a lodge property that has existed in this property for 50 years. This adds new lodge rooms to address current tourist needs. This relocates the majority of the current parking to a subgrade garage, rather than city streets. A portion of the original lodge is being retained. Mayor Klanderud opened the public hearing. Toni Kronberg stated she supports the project. It does not impact any view planes; one will not be able to see it from Main street. The off street parking will enhance the pedestrian thoroughfares. Paul Long, 413 West Hopkins, requested that the sidewalk on the south side of Hopkins stay in the same location and the same width and that the 10 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 engineering department not come back in the future and ask to use the green belt for some other purpose. Randolph Turner, Christiana homeowners association, went over the height drawings to make sure they were as understood. Turner requested that the roof not have mechanical equipment. John Dady reminded Council on behalf of the Scotts he objected to the project based on the scale and size. The applicant should be commended for what they have done to break up the building and to reduce the scale of the project. Ms. Allgaier entered a letter from Diane Goldman, Christiana, into the record. Mayor Klanderud closed the public hearing. Councilman Torre commended the applicant for the changes that have been made. There are positives in this project for the community and impacts that have to be weighed against those. Councilman Torre said he would like to see conversion of one or more of the free market units to rental units. Varm said the applicants have made some cuts in the free market. Steve Stunda, partner, said there is not a prohibition against renting any of the free market units short term. Craig Ward, realtor, said he anticipates free market units will be rented, like at the Gant or Aspen Square. Councilwoman Richards said the applicants have done a good job with the current proposal. Councilwoman Richards said this revision looks as if it were trying to accomplish what Council asked for to reduce the scale and mass of the project and to make it fit into the neighborhood. Councilwoman Richards said preservation of the historic eastern wing and removal of units on the west side removes a lot of mass from the building. Councilwoman Richards said she would like to see the mechanical equipment screened as much as possible. Councilwoman Richards said she feels this will go toward rebuilding Aspen's bed base. The size of the rental units hits a market that the community is trying to accommodate. Councilman Johnson asked how the occupancy limitation is enforced. Ms. Allgaier said staff has discussed an audit; however, this has not been done in the past. Councilman Johnson asked if the operational agreement is part of the ordinance. Ms. Allgaier said staff makes sure what needs to be included in the condominium documents is there. Other amenities are breakfast, a media room and library. Ms. Allgaier told Council her expectation is to see these representations in writing in the governing of the homeowners association. Varm told Council they did not prepare an operating plan because it is a condominium hotel not a time share. Vann said regular conditions in these type of approvals are all material representations of the applicant are conditions of approval. Varm said the applicants have made representations about the operations, like front desk, on site maintenance, rental programs and the applicants will accept a condition that the community development department review the condominium documents make sure those elements are contained in the documents. Council agreed review of these documents should be a condition. Councilman Johnson noted the entire application is predicated on the community benefit of getting more hot beds. Councilman Johnson said there are aspects of this application that are attractive; the architecture is sensitive to the historic resource, the additional 11 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 parking, the preservation of the historic east wing and the addition of 13 units. Councilman Johnson stated if no one is rents these units short term, they are not a use to the community. Varm said there is no advantage to the applicant or owners in letting a room sit vacant as an unperforming asset for any length of time. Councilman Johnson asked why the city carmot require these units be rented. Mike Hoffman, representing the applicants said selling real estate for a cash flow interest becomes a security and becomes subject to regulation by the SEC. Councilman Johnson asked the applicant's experience with lodges. Steve Stunda, applicant, told Council he has run the Boomerang for the last 18 months and has had hotels on the east coast. Stunda told Council this is a lodge and will continue to operate as a lodge. Councilman DeVilbiss said the parties have made a good faith effort to make the project comply with the neighborhood. Councilman DeVilbiss said the advantages are taking the parking off the public right-of-way, the height has been substantially decreased, the mass of the project has been decreased, and the project is screened from Hopkins. Councihnan DeVilbiss said the location of the lodge away from the gondola will rule the price of the rooms. Councilman DeVilbiss moved to adopt Ordinance #26, Series of2006, with review ofthe condominium declarations; seconded by Councilwoman Richards. Councilwoman Richards requested that every effort be made to not move any parking off West Hopkins. Mayor Klanderud said she appreciates the applicants removed the third story off the east wing which will enhance the historic preservation, and also appreciates the willingness to designate this historic. Roll call vote; Councilmembers Richards, yes; Torre, yes; Johnson, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #31. SERIES OF 2006 - 100 East Bleeker Establishment of 2 TDRs Sara Adams, community development department, told Council this is a 3,000 square foot lot and the applicants are requesting to sever 2 TDR certificates totaling 500 square feet ofF AR. Ms. Adams told Council it is important to have benefits to incentivize historic property owners to preserve their properties. Ms. Adams noted there is a push and pull with the incentives in the code, like the 500 square foot FAR bonus. From a historic preservation perspective, there is a demand for rehabilitation and high quality design to qualify for that bonus. The property owners receive more FAR. Ms. Adams said an issue is where do transferable density rights fit into this formula. TDRs remove FAR and locate it away from the historic building. The other incentive is a historic lot split. Ms. Adams noted this property currently contains 1790 square feet of development with an unbuiJt FAR of61O square feet, totaling 2400 allowable FAR. The applicants could also apply for a historic FAR bonus of 500 square feet. Allowing the transfer of 12 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 development rights would take pressure offthis historic resource. Ms. Adams told Council staff analyzed the current built FAR and the approved development order approved by HPC. All the criteria have been met. Mitch Haas, representing the applicant, told Council the owner bought the house because it is in a block that is almost exclusively historic buildings. This is a highly visible property. Haas said the TDR program should be recognized as a good program with admirable goals, aimed for forwarding historic preservation efforts. Haas said the TDR, historic bonus programs can be confusing from both the review and the applicants side. Haas agreed the TDR section might needs looking at; however, the language exists and his client is willing to forgo 500 square feet of development on this parcel. Haas stated the criteria are not subjective; one meets them or does not. Haas said this proposal meets all standards in the code. Haas said approval of this request removes 500 square feet of floor area that could be built on this land marked property. Mayor Klanderud opened the public hearing. Gideon Kaufman told Council he represents someone who wants to buy these TDRs. Kaufman said this is a win win situation; the TDR means the bonus will not be going on to the historic structure but preserves the structure while giving the property owner some monetary reward. Kaufman said in this case, the 500 square foot bonus turned into 2 Tars will be moved to a neighborhood with larger houses and used within a structure and will not change the exterior. The square footage will be used for affordable housing. Toni Kronberg said this is an answer to a prayer to preserve character and historic architecture. Mayor Klanderud closed the public hearing. Councilman Torre asked the review for receiving sites. Chris Bendon, community development department, said it happens at issuance of building permit and is administrative. An applicant comes in with a TDR certificate and demonstrates the square footage can fit on to the property. Councilman Torre said for him the negative of this program is that some other neighborhood will have to absorb the impact of extra development. Councilman Torre said he can support this application because the receiving site will not impact the neighborhood. Councilwoman Richards moved to adopt Ordinance #31, Series of 2006, on second reading; seconded by Councilman Torre. Councilman Johnson said the assumptions and goals ofthe TDR program should be re- examined. Councilman Johnson said if rehabilitation and high quality design are goals for historic homes, that ought to be sufficient, and high quality design should be required of all projects. Mayor Klanderud stated she is troubled by the way the two sections ofthe .code do not link together. Mayor Klanderud said this request came in under the existing code and meets that code 13 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m; seconded by Councilman Torre. All in favor, motion carried. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #32. SERIES OF 2006 - 403 West Hallam Establishment of2 TDRs Sara Adams, community development department, told Council the applicant requests to sever two TDRs from their historic property. At the last meeting staff reported the application meet the criteria for establishment ofTDRs. Council requested a summary of the benefits, which were outlined in the previous item. Ms. Adams presented a visual analysis to illustrate that the FAR bonus is always a potential on historic properties. The total potential FAR on this parcel is 3,320 square feet with severing the TDRs, which would result in 2,820 square feet total allowable FAR. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #32, Series of2006, on second reading; seconded by Councilman Torre. Councilwoman Richards said she supports this application and also supports the request to review the overall workings of the TDR and the FAR historic bonus. Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #69. SERIS OF 2006 - Anneal of Code InterDretation Section 26.425 - Sardv House Councilwoman Richards stated she is working with one of the applicants and Councilman DeVilbiss said one of the applicants was his campaign manager and they recused themselves. James Lindt, community development department, told Council this is an appeal of 26.425, conditional use. Lindt said Council may uphold staff's decision, reverse the interpretation or amend staff's interpretation. Lindt noted in order to reverse or alter, Council must find there has been a denial of due process or the community development director has abused his discretion or exceeded his jurisdiction. Lindt told Council the applicants requested an interpretation of how different code sections apply to development scenarios. Lindt noted the interpretation request had a series of questions, to which staff responded. The original interpretation was issued in June. Staff issued a supplemental interpretation after meeting with the applicants. The applicants appealed staff's original interpretation and response to question #8, which asked whether a building permit could be applied for and issued without a land use 14 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 review to change 3 of the boarding house units, which were established subject to a conditional use approval, into a common living space. Staff's interpretation was that the conditional use of the amendment would be required because it was a change to the configuration and the intensity of the use originally established in the 1985 conditional use approval to expand the Sardy House and to make it a boarding house. Lindt said the purpose statement of the conditional use section establishes the intensity and configuration of a conditional use and are valid discussion items for conditional use review. Staff believes the removal of units would change the intensity and the configuration of the approved conditional use approved in 1985 and would require an amendment to that conditional use. Lindt noted the applicants carmot apply for a conditional use amendment because ofthe current moratorium. Staff does not think the community development director exceeded his jurisdiction or abused his discretion and due process was provided. Frank Peters, applicant, asked if there are any other boarding house uses in the mixed use district or in Aspen. Lindt said he did not think there were any others. Peters told Council the carriage house part ofthe Sardy House is the only boarding house use in the MU zone. Peters gave Council exhibits, code sections and staff memorandum. Peters told Council he and his partner built the Hotel Lenado in 1983 and the Sardy House in 1985-86. Peters said he and Daniel Delano prepared the land use applications as well as actually built the buildings. Peters said the Sardy House was established as a conforming use when it was built in 1893 to June 2005. It was a legal use as a boarding house from 1985 to 2005. Peters noted in 2003, the Sardy House was remodeled. The applicants had pre-application conferences with community development department before remodeling. That project was taking out 6 bedrooms and 3 suites and eliminated a restaurant. Peters said at that time, change in use of the Sardy House was not an issue. The two land use issues that were dealt with were an exempt change in use for an historic property that created no more than one single family residence, and a certificate of no negative effect for location of the air conditioning. Peters said staff's finding now to turn 3 bedrooms into a common area is an issue requires that applicant to revisit their conditional use is at odds with the 2003 actions. Peters said in June 2005, the office zone district, which contained a boarding house use as a conditional use, was rewritten by the city. Peters stated the applicants were not aware of this. The boarding house was taken out of the uses list along with other changes when the Main street office district became the mixed-use district. Peters reiterated the Sardy House is the only boarding house in the city of Aspen and before 2005 boarding house as a use existed in 6 zone districts, and it was removed from the only zone district where there actually is a boarding house. Peters noted boarding house remains as a listed use in R-6, RMF, RMFA, R-15, R-15A. Peters said in November 2005 when they became aware of this, the applicants asked for direction from staff. Exhibit A in the packet is a memorandum from Amy Guthrie, community development department, who struggles with what the Sardy House is and 15 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 came up with that it is analogous to a bed and breakfast, which is a more restrictive use than what they are. The boarding house use does not have the same restrictions as bed & breakfast. Peters noted in March 2006, Council adopted Ordinance #12 as an emergency ordinance, which has a restriction that applies only to the Sardy house. Peters pointed out exhibit B, definition of mixed use, has 4 categories of uses. Peters said boarding house and bed & breakfast are specifically excluded from being any kind of lodge or hotel use and carmot be any part of a mixed use. Peters stated the Sardy House is a mixed use with boarding house and part of it. Peters said that language can only apply to the Sardy House. Peters reiterated boarding house was excluded from the list of possible uses; it had also been removed from the zone district. Peters told Council a potential buyer for the Sardy House was interested in doing an interior remodel only. There was a meeting with community development department staff to see if the remodel would comply with the boarding house use as defined and approved in 1985. Peters noted during this time, some exemptions from the moratorium were presented to Council for approval. The Sardy House remodel was not one of these projects. Peters told Council in July, the applicants received a memorandum from staff that they needed to have their conditional use approval amended and they could not do that because ofthe moratorium. Peters said staff was aware early on this project involved the removal of some hotel rooms to create common space. Peters said staff's position that they need to have the conditional use amended leads to absurd consequences, among which the carriage house is no longer a conditional use; it is a non-conforming use. Peters said the applicants feel the staff is looking to add conditions to approval and they do not feel it fair to change the rules 20 years later. Peters noted P&Z did not require an operational plan or floor plans at time of approval. The issue was does this use fit in the neighborhood and does it create impacts in the neighborhood. P&Z granted conditional use as a boarding house as defined in 1985 with some conditions, that the applicants met at the time and still meet. Peters pointed out the term "boarding house unit" is no longer defined in the code. Peters said staff refers to the approved conditional use plan associated with the Sardy House; there is no such thing as an approved conditional use plan. There are no blue prints on file; there are no recordable documents. Peters said the Sardy House was approved for a use and activity. Daniel Delano, applicant, presented photos ofthe Sardy House taken in 1945, 1985 and 2006 all taken from Aspen street. Delano said staff informed the applicants that a bed and breakfast would be permissible under the boarding house definition. The applicant applied for the boarding house use, which was then an allowed use in the office zone. At that time, bed and breakfast was not allowed. Delano said a memorandum from Colette Penne, plarming staff, makes it clear the Sardy House was a project in evolution and complete plans were not shown to anyone during the hearing April 2, 1985, and that review of the project would continue by HPC. 16 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Delano said the staff is incorrect in asserting that P&Z approved a site specific conditional use plan. Delano said what the applicants presented to P&Z was a conceptual footprint providing for on site parking and showing conformance with dimensional requirements. P&Z approved a conditional boarding house use with 6 specific conditions. Council does not have a copy ofP&Z minutes of April 2, 1985. One of the conditions was to approve a rezoning of the back 25' of the property. Delano noted there are no conditions relating to the minimum or maximum number of rooms; no condition relating to either external or internal FAR; no conditions relating to hours of operation. Delano said the project was allowed an FAR of .75:1, as was any use in the office zone. The open space requirements were exceeded. Delano said mistakes can be made, everyone makes them. When someone in authority makes a mistake, it is an abuse of discretion, even with the best motives. Delano said Chris Bendon averred the 1985 definition of boarding house requires a boarding house have at least 6 bedrooms. Delano pointed out the definition of boarding house refers to 6 persons; it refers to lodging and/or meals and contains no requirement to the number of bedrooms. Staff has misread a requirement into the code and has tried to impose a unique burden on the Sardy House property. That is the sole basis for the theory there exists a legal burden on the Sardy House property and giving the city authority over any interior proposed changes. Councilman Torre moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Delano said the correct precedent was established in 2003 when the applicants received a building permit to do interior and exterior renovation ofthe Sardy House including demolition of interior walls and the change in the number of bedrooms. At that time, the applicants were not asked to amend an approved conditional use plan from 1985 as there was no approved conditional use plan, only the floor plans approved and processed through the building department. Delano told Council staff acknowledges the proposed 800 square foot remodel complies with the 1985 boarding house definition. There is no evidence that this proposed remodel would require modification of any of the 6 specific conditions ofthe original P&Z approval. Staff proposes that a decrease of 3 bedrooms at the Sardy House would have a negative impact on the public health, safety and welfare. Delano reiterated the city never legally established a burden upon the interior walls ofthe Sardy House and there is no evidence to support staff's position. Lindt told Council staff does not believe jurisdiction was exceeded, nor was due process denied the applicant, nor was discretion abused. Lindt noted the 1985 memorandum referred to states that the total number of guest rooms will be 9 double occupancy and I parlor suite in the main house and 10 rooms in the proposed addition. Lindt pointed out the 1985 land use application said the proposal was to create 10 to 12 elegant rooms in a bed and breakfast operation. Lindt agreed the land use code did not have a bed and breakfast definition in 1985 so it was changed into boarding house use. The application states the applicants were proposing an addition of 10 to 12 rooms, which is consistent with the staff memorandum in Council's packet. Staff believes reference to adding 17 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 rooms constitutes a development plan. Boarding house was a conditional use. Any alteration to the plan or to the conditional use requires an amendment. Peters reiterated there was no plan. The code at that time contained provisions for the P&Z to place conditions on a conditional use application. Peters stated there were conditions placed on the application; the number of rooms was not one of them. The number of rooms was not a condition of the approval for the Sardy House. Peters said there is still the issue there is a non-conforming use, which the city created and the non- conforming use will be reviewed as a conditional use. John Worcester, city attorney, noted the applicants are not arguing to be called a bed and breakfast. They are arguing not to be classified as a non-conforming boarding house, which is what was authorized in 1985. The applicants do not want to be a bed and breakfast because it is a more restrictive definition than a boarding house was in 1985. The Sardy House was legally established as a conditional use boarding house in 1985. Delano told Council the Sardy House expanded from .6:1 FAR to..75:1 FAR, without plans, which is a significant expansion and illustrates how much in evolution this was. Lindt said staff feels the applicants outline to build 10 to 12 rooms is a development proposal. Worcester suggested this item be continued so that staff can answer whether or not the interpretation that the conditional use section of the code is correct and that the applicants are required to submit an amendment to the existing conditional use approval. Delano said there is no longer a conditional use for their use in the mixed use zone so that the Sardy House is now a non-conforming use. The code section that should apply is the non-conforming use section and under that section, they could be granted a building permit because there is no requirement to maintain a certain amount of bedrooms. Worcester suggested the applicants request a code interpretation on whether their property is subject to the conditional use chapter or is really under the non-conforming use chapter. Worcester recommended staff have time to answer that question. Mayor Klanderud moved to continue the Appeal of Code Interpretation Section 26.425, Sardy House, to September 25; seconded by Councilman Torre. All in favor, motion carried. HOUSING RENT SUBSIDY - Asoen Country Inn Tom McCabe, housing director, recommended the city continue to subsidize the rents for 12 units at Aspen Country Inn for renters over 62. This subsidy comes to $20/month for qualified seniors. McCabe said staff will bring back an in depth analysis of the Aspen County Inn. McCabe noted costs continue to increase and the Aspen Country Inn has only 40 units so there are not economies of scale. The operating margin at ACI is very thin. McCabe told Council the building is generally in good shape. The total subsidy will be $2900 for 12 months. 18 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 Councilman DeVilbiss moved to approve a $2900 subsidy for rents at Aspen Country Inn; seconded by Councilwoman Richards. Councilwoman Richards said when this comes back to Council, she would like to see what funds could be set aside as an endowment for this building to stabilize the rents for the long term. Councilwoman Richards said she would prefer this issue not come back year after year. All in favor, motion carried. RESOLUTION #68. SERIES OF 2006 - Ballot Ouestions John Worcester, city attorney, told Council staffwill request Resolution #71,2006, dealing with a ballot question be added. Steve Barwick, city manager, pointed out two ballot issues have been presented in Resolution #68. There are two alternatives regarding the existing .25% sales tax for parking and transportation. One is the renewal of this tax when it expires in 2009; the other is an increase to .45% for parking and transportation and no expiration of the tax. The other proposed ballot question is a 5% use tax on construction materials, which will be used on transportation improvement projects only with voter approval. Barwick told Council there is an estimated $300 million construction/year in Aspen with no tax on that construction. Barwick noted the parking and transportation funds both have shortfalls. Paul Menter, finance director, said the first alternative is renewal of the existing .25% sales tax at the same rate through 2016. Menter noted that parking and transportation are capital, labor and fuel intensive operations so the second sales tax is to renew the .25% at a higher rate, .45%, when it expires. The revenue from this sales tax may be used to supplement on going operation. This will make the total sales tax rate in Aspen 8.8%; it is now 8.6%. The city's portion will go from 2.2% to 2.4%. Menter said the use tax will be exclusively for capital improvement projects for transit, transportation and parking. Menter told Council alternative #1 generates between $36 and 38 million total fund balance at the end of2016 and the use tax would 2 raise $42 million, $33 million of which would be exclusively for voter approved projects. Councilwoman Richards said she would support a .45% sales tax to replace the .25% sales tax for support of city transportation service and operating the Rio Grande parking garage. Councilwoman Richards requested that "city mass transit" be added to the sales tax question so than this will not be construed to be used for road construction and maintenance. Councilwoman Richards stated she carmot support the use tax. Councilwoman Richards said Council should continue to work on that issues. The record of decision is due in November. The use tax question should be on the city's regular election in May. Between now and then there should be a citizens group to evaluate the need and the potential uses for a use tax. Councilwoman Richards said the city needs to decide how 19 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 much of the tax would go to parking, how much would go to transit, what you would get for each dollar spent. Menter reminded Council the original .25% sales tax was approved as a funding source for construction ofthe parking garage. Menter said in the last 15 years, transit services have grown. Councilman Torre moved to suspend the rules and extend the meeting to 11 :30 p.m.; seconded by Councilwoman Richards. Mayor Klanderud noted increasing the sales tax to .45% does not have an expiration date and it is difficult to predict the community's needs in the future. It would be short sighted to presume today's Council knows exactly for what these revenues might be used. Council agreed to support the ballot question for a sales tax increase from .25% to .45% and to change the last sentence to "and city mass transportation services". Council also agreed. Council agreed it was premature to place a use tax on the November ballot. Councilman Johnson stated construction will go on in Aspen and it is inappropriate that tax is not being collected on construction materials. Councilman Johnson said money should be available when the community comes up with a solution to the entrance. Councilman Torre favors the .45% sales tax on the November ballot. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 12 a.m.; seconded by Councilman Johnson. All in favor, motion carried. Councilman Torre said he supports not putting the use tax on the ballot. It is up to Council to move improvements on the existing alignment and without a fund to do that, the city will not get help to make these improvements. Councilwoman Richards stated she supports the sales tax question as it will sustain and improve the city's mass transit services. Councilwoman Richards reiterated she does not favor asking the voters for a fund for which the uses are unnamed and unknown. Councilman DeVilbiss moved to adopt Resolution #68, Series of2006, eliminating the third whereas and adding "and city mass transportation facilities and services" to the .45% sales tax ballot question and eliminating Section 2; seconded by Councilman Johnson. All in favor, motion carried. RESOLUTION #71. SERIES OF 2006 - Ballot Ouestion Recvcle Center John Worcester, city attorney, reminded Council they adopted Ordinance #22, Series of 2006, rezoning a portion ofthe city-owned Rio Grande for the recycle project. A citizen committee circulated referendum petitions. The city clerk has certified the referendum petitions on Ordinance #22, approving the recycle center, as insufficient. The petitioners' committee has been notified they are 24 signatures and that they have 2 days to notify the city clerk if they are going to amend the petition by gathering addition signatures. If the committee decides to do that, they have 10 more days to gather signatures and make the 20 Ree:ular Meetine: Aspen City Council Aue:ust 28. 2006 petition sufficient. Worcester said when the petition is certified sufficient; Council can either repeal Ordinance #22 or place it on the ballot. Worcester stated the deadline for certifying ballot questions to the county clerk is September 8th. There will be no way to get the referendum question on the November ballot. The protest period does not end until close of business September 11 tho Staff suggested Council put this question on the ballot as the Charter authorizes Council to place questions on the ballot. This will avoid a special election sometime between December 15th and March 14th. Councilman DeVilbiss moved to repeal Ordinance #22, Series of2006; seconded by Councilman Torre. Everyone opposed. Motion NOT carried. Councilman DeVilbiss moved to adopt Resolution #71, Series of2006; seconded by Councilman Johnson. All in favor, motion carried. RESOLUTION #65. SERIES OF 2006 - CaBin!! a Soecial Election November 7, 2006 Councilman Torre moved to approve Resolution #65, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at 11 :55 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. 21