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HomeMy WebLinkAboutminutes.council.20080527Regular Meeting Aspen Citv Council Mav 27 2008 PROCLAMATION -Month of the Young Child .............................................................. 2 PROCLAMATION -Aspen High School Track & Field Teams ...................................... 2 PROCLAMATION -Aspen High School Boys Basketball Team .................................... 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 4 • Resolution # 45, 2008 -Contract -Anderson Park Historical Assessment........... 4 • Resolution #46, 2008 -Contract Photovoltaic at Water Plant ............................... 4 • Resolution #47, 2008 -Contract -Aspen Grove Cemetery ................................... 4 • Minutes -May 12, 2008 ......................................................................................... 4 RESOLUTION #30, SERIES OF 2008 -Property Acquisition Lot C Stage Road Burlingame Ranch .............................................................................................................. 5 ORDINANCE #16, SERIES OF 2008 -Code Amendment Landing TDRs on Landmarks ............................................................................................................................................. 5 ORDINANCE #1, SERIES OF 2008 -Subdivision Approva1434 East Cooper (Bidwell Building) ............................................................................ . ................................................ 6 ORDINANCE #12, SERIES OF 2008 - Establishment of TDRs 612 West Main .......... 16 ORDINANCE #4, SERIES OF 2008 -Code Amendment S/C/I Zone ............................ 17 ORDINANCE #15, SERIES OF 2008 -Exemption from Commercial Core Moratorium .......................................................................................................................................... 18 RESOLUTION #38A/38B, SERIES OF 2008 - Zupancis Galena Master Plan or COWOP ............................................................................................................................ 19 1 Regular Meeting Aspen City Council Mav 27 2008 Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Romero, Skadron, Johnson and DeVilbiss present. PROCLAMATION -Month of the Young Child Mayor Ireland and Council proclaimed May 2008 as Month of the Young Child and extended heartfelt thanks to those who care for Aspen's youn~ children. Eva Jankovsky, Kids First, invited everyone to the Children's Parade May 29` to celebrate children of the Aspen community. PROCLAMATION -Aspen High School Track & Field Teams Mayor Ireland and Council proclaimed May 28`h as Aspen High School Track and Field Day and presented the proclamation to Chris Keleher, coach of the teams. PROCLAMATION -Aspen High School Boys Basketball Team Mayor Ireland and Council proclaimed May 28`h as Aspen High School Boys Basketball Day and expressed gratitude to coaches, players, high school staff, and families who made the year successful. CITIZEN COMMENTS 1. Andrew Kole agreed with the concept of moving forwazd on the Burlingame project. Kole said the idea of what happened and the brochure should be determined. Kole said there should be some public outreach on housing and Burlingame. Kole suggested contacting Rachel Richards who was on Council during the Burlingame elections. Kole said looking at people in 2 or 3 bedroom units who could get an incentive to move into a smaller unit is a good idea. Mayor Ireland said Council has taken no decisions with regard to the brochure. Council is going to have an independent audit on the process of phase I of Burlingame, which will include looking at the brochure. Mayor Ireland stated the emphasis will be on moving forwazd. Mayor Ireland said there were 5 people on Council when the brochure was published and it is not Council's job to bring past Council forward to point fingers. 2. Heidi Zuckerman Jacobson, director Aspen Art Museum, told Council they have received underwriting to make the Art Museum free to the public for the next 10 years. 3. Toni Kronberg thanked Council for finalizing the outdoor swimming pool. Ms. Kronberg noted the Memorial Day celebration had attendance of 300 people. COUNCILMEMBER COMMENTS 1. Councilman Romero said he heard positive reports about the Memorial Day celebration. Councilman Romero noted this community, regardless of political Regular Meeting Asuen City Council Mav 27 2008 persuasion, rallies around men and women in uniform, which is a vital piece of the community. 2. Councilman Romero thanked Grassroots for filming the work session on affordable housing last week. Councilman Romero said work sessions help Council and the citizens gain a better understanding on capital projects and projects in the future. Councilman Romero said it seems like the city needs to be better prepared and demonstrate the city is a learning organization. Councilman Romero said the community entrusts Council to look out for the public good and public trust and to fitrttter the city's goals that line up with the city's values. Councilman Romero said he wants to pursue accuracy and competency. Councilman Romero stated capital projects are a tough game. Councilman Romero implored Council commit more time to learn and to consider additional work sessions and other ways to bring additional information to the community. Councilman Romero committed to working toward continuous improvement and to learn and benefit from past projects. 3. Councilman Johnson agreed with Councilman Romero on working toward continuous improvement. Councilman Johnson stated one of the reasons the Council formed the budget task force is to advise Council on how to be better equipped and informed and help the city do better on projects. Councilman Johnson said he feels the budget task force has done a good job on examining how things are done in the city and has made suggestions for improvements, which Council has accepted. Councilman Johnson said he is disturbed by talk of witch hunts, sinister motives and deception. 4. Mayor Ireland said it would be appropriate for Council to send a contribution to the town of Windsor who suffered tornado damage last week. Councilman DeVilbiss moved to appropriate money to send to the town of Windsor; seconded by Councilman Skadron. All in favor, motion carried. 5. Mayor Ireland stated there is a problem in the community; the free market housing is providing less housing for the work force. Mayor Ireland noted 11 yeazs ago the median age in that housing was 40 and it is now 50. Mayor Ireland said the county survey indicates people in these houses are starting to retire. Mayor Ireland said the loss of this contribution to the work force housing is one of the reasons Burlingame was initiated. Mayor Ireland said it is not time to call a halt while the community rethinks whether the community needs affordable housing. Mayor Ireland said as the free mazket numbers diminish, the demand for employment is increasing. Mayor Ireland said if the community focuses too much on past mistakes to the exclusion of moving forward, there will more delays in the creation of more housing at Burlingame. The city should get on with this project and do it right. Mayor Ireland agreed the city can investigate and learn. Mayor Ireland noted the current interest rates are at an all time low. The city may spend more money than they save if the interest rates are going to rise. Mayor Ireland said Council cannot lose sight of the fact the community is suffering from a lack of suitable housing for people of ordinary means. 3 Reeular Meeting Aspen City Council Mav 27 2008 6. Mayor Ireland said the community owes a debt of gratitude to those who protect this country and that debt is not repaid by picnics and speeches. Mayor Ireland said there is a higher obligation to make sure veterans aze treated better than they are today when they return home. Mayor Ireland said citizens have an obligation to make sure the government, when it sends people into action, takes care of them when the return. 7. Steve Barwick, city manager, stated action item Resolution #39, should be deleted from the agenda. 8. Councilman Skadron reported that the historic preservation task force had a two hour bus tour and looked at historic properties throughout town. Councilman Skadron said it was a well done presentation and helped clarify terms discussed in Ordinance #48 and the concept of modernism. Councilman Skadron said there is a DVD and it will be shown on Grassroots and encouraged citizens to watch it. 9. Councilman Skadron thanked the members of the citizen's budget task force who have put in lengthy hours. 10. Mayor Ireland said the Lift One COWOP is going well. The goals for the design of the azea are posted on the city's web site; foremost goals are preserving a sense of character and history, bringing the lift down the mountain; creating hot beds. Mayor Ireland said task force members welcome input from interested citizens. Councilman Romero encouraged the public to attend task forces and COWOPs to the extent they have time and are interested. CONSENT CALENDAR Councilman Skadron and Councilman Romero requested Resolution #30, Series of 2008, Lot C Stage Road Burlingame purchase be pulled. Councilman Romero moved to adopt the consent calendar as amended; seconded by Councilman Skadron. Councilman DeVilbiss noted he did not receive the minutes and will not be voting on them. The consent calendar is: • Resolution # 45, 2008 -Contract -Anderson Pazk Historical Assessment • Resolution #46, 2008 -Contract Photovoltaic at Water Plant • Resolution #47, 2008 -Contract -Aspen Grove Cemetery • Minutes -May 12, 2008 All in favor, motion carried. 4 Regular Meeting Asoen City Council Mav 27 2008 RESOLUTION #30, SERIES OF 2008 -Property Acquisition Lot C Stage Road Burlingame Ranch Councilman Skadron asked if there is a definition of "neighborhood pazk". Stephen Ellsperman, pazks department, said neighborhood parks are smaller and more community-based parks but the term would not preclude other types of outdoor activities. Councilman Skadron asked if funds have been appropriated for vegetation and fencing. Ellsperman said staff will come to Council to discuss pazk development and costs. Councilman Skadron asked the cost of the opinion of value. Ellsperman said it cost $3,000. Ellsperman said staff will go through the process outlined if any structures are to be erected. Ellsperman said this cost $500,000 for 2.65 acres and it is valued at $1.275 million. Councilman Romero asked if staff is looking at smaller pocket parks within the Burlingame footprint as part of the new site specific plan. Steve Barwick, city manager, said there are play and open areas already designed into the project. If Council decides to increase the density of Burlingame, this area may be used as outdoor play. Barwick noted the purchase of this property will eliminate the cultural center, which was part of the approval process. Ellsperman said staff feels this neighborhood park is a needed asset for the Burlingame area. Mayor Ireland moved to approve Resolution #30, Series of 2008; seconded by Councilman Skadron. Councilman Romero said this is a great monetary value as well as the intangible value which is an essential element for the quality of life. Councilman Skadron said the effort of the private landowner is laudable. Mayor Ireland said Burlingame was proposed for up to 330 family-style units in 2000 when 60% of the electorate supported that ballot issue on annexation. It was approved again in 2005. Mayor Ireland said the community vision may have changed since then. Mayor Ireland said if up to 237 families will be housed, it is appropriate that a park be located within walking distance. Councilman DeVilbiss agreed open space is precious and he supports this purchase wholeheartedly. All in favor, motion carried. ORDINANCE #16, SERIES OF 2008 -Code Amendment Landing TDRs on Landmazks Amy Guthrie, community development department, told Council the TDR program is 5 years old and the program is to allow landmarked houses to sell square footage to a non- landmazked house. A few yeazs ago, the city determined in order to expand the market and strengthen the value would be to allow a mixed use building to enlarge free market units but not the FAR. There was a code amendment to allow this in several zone districts but did not change the TDR chapter in the land use code. Regular Meeting Asoen Citv Council Mav 27 2008 Ms. Guthrie noted this code amendment removes the restriction that TDRs cannot be landed on designated properties; it only allows expanded unit size. The TDR program is to remove development pressure from the historic landmarked properties. This does not increase the overall FAR but allows one element of the building to be bigger. It allows flexibility in how much in a structure can be commercial, residential, other uses without changing the overall FAR cap. Councilman Skadron requested a diagram for second reading. Councilman Johnson asked for some examples of historic properties that might be affected as potential landing sites and scenarios for redevelopment Councilman DeVilbiss moved to read Ordinance #16, Series of 2008; seconded by Councilman Romero. All in favor, motion carved. ORDINANCE #16 Series of 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 26.535 OF THE ASPEN MUNICIPAL CODE, TRANSFERABLE DEVELOPMENT RIGHTS Councilman DeVilbiss moved to adopt Ordinance #16, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; DeVilbiss, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #1, SERIES OF 2008 -Subdivision Approva1434 East Cooper (Bidwell Building) Mayor Ireland said at the last public hearing, receiving a-mails about this project and the distribution of those e-mails was an issue. Since then e-mails have been forwarded to each Councilperson, to the applicant and to the public record. Mitch Haas, representing the applicant, told Council the applicants have worked toward addressing the concerns raised. The affordable housing rentals units will be available to the community at large through the housing authority. The affordable housing units have each been allocated one on-site parking space. The rooftop deck is being made available to all residential units. Haas noted a condition has been added to make sure the quality of building materials will not be compromised through the process. There is a condition to address the HOA dues and assessments between the affordable and the free market units. Haas noted they have received copies of e-mails, mostly in opposition to the project. Haas reminded Council this project has been more than 2 years in the review process, including more than a dozen public hearings. These hearings include review of demolition of the existing building at HPC, which decision was called up to Council for hearings to reconsider that decision. There were hearings at Council to designate the property as a historic landmark, which HPC recommended against. This decision went to Council, who also voted to not landmark the property. There were conceptual design, view plane and commercial design at HPC, all meetings publicly noticed. HPC voted to 6 Reeular Meetine Aspen Citv Council MaV 27 2008 approve this design. There were public hearings at P&Z on growth management, which P&Z approved and subdivision, which P&Z also approved. Haas said it is incorrect to characterize the project developers as self-interested and greedy. This was a sentiment in many of the e-mails. Haas noted this property has been in the family of the developer for two generations. Haas said this developer put the project together with a sense of civic responsibility. Haas pointed out this project is less than allowed by zoning and includes more affordable housing than is required and the project will set the baz for green building in Aspen. John Rowland, architect, showed Council existing site plan showing the existing building outlined in red. Rowland pointed out the wall that comes to the corner of the property; there is a colonnade illegally in the right-of--way. This colonnade will be removed, which will make the sidewalk lazger. Rowland said their design meets both the commercial design and the historic design guidelines. Rowland said this building has a dialogue with buildings on the other corners. Rowland said people at the Volk building look at the mountain, not down the mall which is obscured by trees. Rowland said urban planners talk about 1 to 1 ratio, which is the height to the length of the street. Town planners say the range of the great streets fall in the range of 1 to 1.1 to 1 to 2.4; this proposed building is a 1 to 1.8; the height is 1 and the distance across the street is 1.8. Rowland noted some town planners state town squazes should not be too big lest they become dead zones and 35 to 45 feet is the ideal width of a town squaze. This square is 74' and 280', which is a big civic space. Rowland said they did solar studies for the winter and for the summer. Rowland passed azound a board showing the results of these studies and until 4 p.m. there will not be a shadow on the Volk Property. Haas brought up compatibility of this building in the historic context and neighboring buildings. Haas reiterated this is what HPC review is about and they focused on consistency with the adopted guidelines for design in the commercial core historic district. Haas said there were at least two public hearings, at which HPC found this project compatible with the area, with surrounding buildings and with the design guidelines and unanimously approved Resolution #2Q 2007. Haas stated this project is consistent with the preponderance of the AACP goals and objectives. Haas told Council both HPC and P&Z found that this project is consistent with the goals of the AACP and is fully consistent with the zoning. The HPC design guidelines and review standards were adopted pursuant to the AACP and this project received a unanimous vote of consistency with those standards. Haas said this is a great project and this is not the location for anon-descript building. This project is worthy of Aspen and of this location. This project is under the allowable height and under the allowable floor azea and under the allowable free market residential floor azea. The project is over in off-street parking and in affordable housing. This project will improve the function of the alley. The project will provide a LEEDS silver or better certified development. This project is consistent with the Aspen Area Community Plan and with the growth management quota system and subdivision review 7 Regular Meeting Aspen Citv Council Mav 27 2008 standards. Haas told Council the US Deparhnent of Energy states 35% of greenhouse gases emitted from the US come from the operation of commercial and residential buildings and only 28% from transportation. Haas said the bigger bang for the buck in energy savings is replacement of inefficient old buildings. Haas said this new building will be at least 68% more efficient than the existing structure and will reduce green house gas emissions. Haas said this centrally located development will contain high quality affordable housing with reduced need for automobile usage. Haas said there is no pedestrian amenity space in this project. The existing pedestrian amenity space is less than 3% meeting the city's standards. The code recognizes payment of cash-in-lieu. The issue was discussed at length at P&Z, should the building be setback or come forward to meet the street. The HPC decided it is important and consistent with their design guidelines to have the building front the street and that open space next to open space is not needed. Pedestrian seating azeas or balcony seating behind that already existing on the mall did not need to be created. Haas noted there are no designated view planes from the Pazadise Bakery plaza; however, these views will be maintained. One can still see Aspen mountain and views down the mall do not exist because of the trees. Haas said the existing building has walls that front the mall and do not allow pedestrians on the property. The proposed design will provide street front windows to look at. Haas reiterated this project is fully consistent with the subdivision review standards. Haas said the general requirements of subdivision are consistency with the AACP, which has been found to be the case by staff, by P&Z and by HPC and by the housing boazd recommendation. This subdivision is consistent with the character and existing land uses in the area. The proposed subdivision does not adversely affect the future development of the surrounding area, which was a finding of P&Z. Haas said this project is in compliance with all requirements of the code. Haas said the only question is whether the proposed subdivision is designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Haas said supplying more than 100% of the affordable housing requirements attributable to the free market component addresses the public costs. There is no affordable housing requirement attributable to the commercial requirement. There is no net employee generation attributable to the net leasable area; there is a reduction in employees under the code standards. Haas told Council the applicants used a very conservative ratio of 95% of all commercial space will be net leasable space; the industry standard is 80 to 85%. The code gives a credit for existing building's full time equivalent employee generation, recognizing existing employees have no net effect or public costs associated with them. Haas reiterated this building is consistent with all design review standards in the code. Mayor Ireland opened the public hearing. Junee Kirk put up elevation to demonstrate how the Mountain Plaza does not meet the design guidelines of the commercial core and the historic district guidelines for the Aspen Area Community Plan. Ms. Kirk quoted from page 88 of the guidelines stating new 8 Regular Meeting Aspen Citv Council May 27 2008 development shall stay within the range of building height, the scale and the form of a new building shall be designed to safeguard the setting of a historic building whether it is single story or large iconic 3-stories. Ms. Kirk said the Independence Building is 42' high; the present Bidwell building is 26' and the proposed building is 41' high all the way to the corner. Ms. Kirk said that is not in compliance with the scale of the Cooper Street Mall where the average street scale is 15'. Ms. Kirk said the size and mass of the new building competes with the existing historic buildings; it does not complement them. Ms. Kirk said the design of the Mountain Plaza building takes away an important pedestrian amenity which has been there since 1965. Ms. Kirk said the design guidelines say new buildings should accommodate outdoor patio spaces where they respect the historic context. Ms. Kirk urged Council to vote against this project; this will ruin the town. This project does not agree with the AACP. Carlos Zaldivar said Aspen's great amenities are its open urban spaces. Zaldivar reminded Council staff conducted a survey on people's favorite spaces which showed this space is one of the favorite open squazes in Aspen. Zaldivar presented an exhibit site plan with red indicating the square, blue with the proposed buildings and green the existing building. Zaldivar noted the proposed building will make the square smaller and the open space public amenity will disappear. Zaldivar also presented renderings to show how the view will turn into a red brick wall. Zaldivar said keeping the public amenity is very important. Zaldivaz suggested moving the building back to retain some of the open space. Terry Butler told Council she lives right next door to this proposed site and will be the most affected neighbor as most of the other businesses are retail. Ms. Butler said the construction period will affect two of her lazgest hotel suites. Ms. Butler noted the Red Onion alley has always had a bad ice build up problem from the shadow cast by this building. Ms. Butler said 3 of her hotel rooms on the alley look up over the existing building to Aspen Mountain and guests request those rooms for the view. The view will be taken away with the new building. Ms. Butler said she will need some serious construction mitigation and/or compensation for loss of business. Ms. Butler said enough big, square building have been built in town already. Andrew Kole said he does not like this building as the opportunity existed to do something much better. Kole said one-story with a rooftop restaurant and then stepped back would have served the applicants better. Kole agreed the city should look at financial mitigation for existing businesses during development of projects. Cliff Weiss said after HPC approval for demolition, the project should have had design review by P&Z. P&Z only reviewed and approved growth management. Weiss stated this building does not bring anything to the community. Karen Day reminded Council of the give and take review process with the then-Ritz in order to get part of the building low and have it stepped in and out. Ms. Day said the height limitations engender a lot of flat roof buildings with no relief in the crowns or in the setbacks. Toni Kronberg said she circulated a petition and collected 79 signatures to get a sense of people's feeling. Ms. Kronberg noted the applicant did not follow one of the tenets of the 9 Regular Meeting Aspen City Council Mav 27 2008 AACP, which is to outreach and to educate the public to see what they support. Ms. Kronberg passed out review standards, one of which is the application shall comply with 4 standazds for review; consistent with Aspen Area Community Plan; consistent with character of existing land uses; not adversely affect future development; be in compliance with all applicable requirements of the title. Ms. Kronberg said this project meets the dimensional requirements because there are none; there is a height requirement. Ms. Kronberg said this building is in a commercial historic district, not just commercial review. Ms. Kronberg showed a picture of the building, the map of where the historic district is, a blow up of the corner, a hand out of then and now showing in the 1800's this was only a 2-story building with a height of 28'. Ms. Kronberg submitted the photographs given to the applicant and HPC from Tatanaka. The first criteria is the proposed development shall be consistent with the AACP. There will be too much traffic with a pazking gazage in the alley. This is a pedestrian area. Ms. Kronberg presented 24 photographs documenting the heavy pedestrian traffic on the corner. The AACP vision statement says Aspen needs more get together places of public activities to encourage a formal mix of a diverse population. Ms. Kronberg said a standazd is the proposed subdivision shall be consistent with the character of existing land uses. Ms. Kronberg listed what is permitted and the approval process for the Volk building across the street. Ms. Kronberg noted that building was designed with a plaza in mind, in scale with a ls` story. The approval process notes preserving the solar exposure and the orientation of the site are important. The Volk project was approved in context with buildings already there. This is a historic district and some of the adjacent properties are what Aspen is known for. Ms. Kronberg concluded the project does not fit with the chazacter of the historic district. Ms. Kronberg stated this project does not fit with the character of the historic district; all buildings azound it are 28'. Phyllis Bronson said the AACP states that maintaining community character promotes a standard of design that is of the highest quality compatible with the historic features of the community. Ms. Bronson said the proposed building is not welcoming. This is a beautiful building that does not belong on this corner. Ms. Bronson said attention has not been paid to community input. Ms. Bronson noted Christopher Alexander stated that big buildings out of context to their environment make people feel dissociative and not included. Roine St. Andre said she is against this building. Aspen is in an ecological crisis. Infill is overkill. Ms. St. Andre said it is time to make the environment feasibility check. Ms. St. Andre said it is time to get back to the sacred and away from the profane. James Anders, Kemo Sabe, told Council he is a long term tenant of this building and they have watched failures of other tenants in the building. Anders said the courtyard is an embarrassment and it is not a plaza. The plaza at Paradise Bakery and will not be affected by this building. Anders pointed out the Benedict overhang is an obstruction and it will be removed with the new building. Anders said successful businesses to anchor the town and to contribute sales tax is an amenity. 10 Re¢ular Meetine Aspen Citv Council Mav 27 2008 Wendy Perkins agreed the success of the existing business in the building has not been great. Ms. Perkins said the proposed building is too much, too big, and too boxy. Ms. Perkins stated this plan does not reflect the core values as indicated by the community at last summer's meeting. Ms. Perkins said this design is not maintaining the heart and soul of Aspen and the context of the other historic buildings. Mayor Ireland closed the public hearing. Jennifer Phelan, community development department, noted exhibit N is e-mails received by noon and exhibit O aze those a-mails received after lunch. Mayor Ireland stated Council is trying to make sure the applicant and public aze able to see a-mails sent to them. Jody Edwards, representing the applicant, noted they have abided by the code; the code is clear regazding height, scale and massing and proportions, this application has been reviewed and approved by HPC. The code states Council is to look at whether the subdivision is consistent with the Aspen Area Community Plan. Subdivision is a defined term in the code and in this case it is condominiumization. The issue before Council is subdivision. Haas noted there have been dozens of public hearings with very little input. When there was public input, the applicant has responded to it. Haas said the applicants have not been trying to do anything exclusionary. Haas stated it is difficult to respond when all comments come in the day before the final meeting. Councilman Skadron asked staff what space counts as pedestrian amenity or open space on this parcel. Ms. Phelan said under the current regulation, a public amenity space has to meet certain criteria and one of these is that the public space be at grade rather than sunken. The code also outlines how much needs to be provided and when it needs to be provided as physical open space. The sunken courtyard on this property does not meet the definition of open space. There is less than 10% on this pazcel meeting the definition and the then code allows cash-in-lieu for open space. Councilman Skadron asked if this building has grown from 11,800 square feet to 23,000 square feet. Haas said that is correct. Councilman Skadron noted the height is proposed to go from 23' to 41'. Rowland said 41' is only at one spot; across Cooper Avenue the height is 39' and towards the alley it becomes 41'. Councilman Romero asked about the design philosophy behind the placement of the outside decks. Rowland answered the initial proposal was a full built out at the 3`d floor. HPC asked for a redesign and they pushed the building back and added the decks. The center courtyard is to obtain LEED points and to allow for proper day lighting. Councilman Romero asked what kind of informal public sessions were conducted by the applicant outside the formal city-required process. Rowland said the model was available for viewing in their office at all time. Haas said outside the formal process, there were 2 work session with the HPC open to anyone. 11 Reeular Meeting Aspen Citv Council Mav 27 2008 Councilman Romero said he appreciates the comment from the public about balance and about looking at the project from all angles beyond scale and mass to meet other goals of the AACP like economic vitality. Councilman Romero said he empathizes with the neighbors about the short and long term impacts. Councilman Romero agreed with the value of public outreach beyond the formal process and there aze examples in the city where public outreach helps to communicate and connect with the community. Councilman Romero noted the public comments point out the inconsistencies in the city's land use code, and the inconsistency between the AACP, the goals of the historic preservation code, the guiding principles and regulations around the zone districts and growth management principles. Councilman Romero said the moratorium of several years ago was an attempt to clean up some of those inconsistencies. Councilman Romero said this application was applied for under a set of rules that pre-date the output of the moratorium. Councilman Romero stated the rules that apply to the commercial core in the nucleus of economic activity; the applicant provided a project that met the overazching goals of the AACP. Councilman Romero agreed that this subdivision conforms and complies with the AACP. Councilman Romero said consistency with the character of the land uses in the area, this is a mixed use zone and will continue to be a mixed use zone. This project brings additional uses, like affordable housing and retail. Councilman Romero said it will be difficult and economically straining for the existing businesses. Councilman Romero said he trusts the applicant will do its best efforts in the relocation and construction phase. Councilman Romero said the proposed development shall not adversely affect the future development of surrounding areas and the corners of this area have been built up and this could be the last application on this corner. Councilman Romero said looking at this project against the historic resources in this comer and the pedestrian zone and the amenity spaces in the area, it is unfair to focus in on one perspective rather than a complete system. Councilman Romero stated this does not create the demise of Aspen or an impediment to pedestrian enjoyment. Councilman Romero said he does not like the design of the building and agrees it could be setback from the street; however, it does not affect the future development of surrounding areas in a meaningful way. Councilman Romero said the subdivision is compliant with all regulations of the land use code. Councilman Romero stated commercial core is where economic vitality, density and activity should occur. There will be residences and additional offices in this location, which is a good thing. Councilman Romero noted this is not a transition zone; it is the core and heart of Aspen. Councilman Romero said the HPC did their job in reviewing the applicant as it conforms to historic preservation. Councilman Romero moved to adopt Ordinance #1, Series of 2008. Councilman Skadron stated he considers in his decision the information brought forward by public comment and many people spent time on their presentations on this project. Councilman Skadron said the applicants and architects have done a good job. Councilman Skadron stated he appreciates that the proposed height is less than allowed in the zone district. Councilman Skadron said parts of this application unsettle him; the 12 Re¢ular Meetine Aspen Citv Council Mav 27 2008 floor azea grows by 95%; the height increases from 23' to 39', a 70% increase. Councilman Skadron said as a function of those increases, there are consequences on the adjacent historic assets like the Andres building, Red Onion, Aspen Block and Independence building. Councilman Skadron said this building attempts to replace a building that is eclectic, full of character, authentically western and respects history in its design with a building that is not. Councilman Skadron stated this community feels the building is too imposing a structure for Aspen's prime gathering spot. Councilman Skadron said he recognizes the developers right to a building within the guidelines; however, he does not believe redevelopment carries with it an associated or implied entitlement to refashion or transform the underlying character of the area in which it is built. Councihnan Skadron stated this redevelopment is likely to do that. Councilman Skadron said he believes a project cannot meet everything in the AACP; however, prominent projects like this should have, at a minimum, community support and this project does not. Councilman Skadron said he feels opportunities exist to do something even more special than what has been presented. Councilman Skadron stated he cannot support this application because this proposed building does not go far enough to satisfy the first standard of subdivision review, the criteria that requires the proposed subdivision be consistent with the AACP. Councilman DeVilbiss said he does not support this application and does not find that the application retains and encourages an eclectic mix of design style to maintain and enhance the special character of Aspen. Councilman DeVilbiss stated he does not believe this application encourages development to occur within the Aspen community growth boundary and emphasize3s good city form. Councilman DeVilbiss said this project will adversely affect the future development of surrounding properties. The application overwhelms everything around it. The application is massive. Councilman DeVilbiss said he walked the area and there is a view of the park now from the Volk property and that view will be seriously impaired by this proposed building. Councilman DeVilbiss stated he cannot support this project. Councilman Johnson said it is important to enter the a-mails into the record as he would like to cite from them. Councilman Johnson noted for the record there is a 1985 memo from Robin Molny regarding a proposal to increase the public space at this corner including a potential purchase of the Volk property and how important that was to the public realm. Councilman Johnson included in the record enabling legislation for the public malls. Councilman Johnson said there is a record of proceedings and a GMQS application for the Volk property from 1985. Councilman Johnson noted the subdivision criteria did not change from the moratorium and the aspects and criteria aze the same. Councilman Johnson said the applicant stated the a-mails received by Council do not address the issues before Council under the subdivision criteria, with which he does not agree. Councilman Johnson said he reads the definition of subdivision from the land use code as "the process, act or result of dividing land into one or more plots, parcels or other units of the land or separate legal interests for the purpose of ellipses building or 13 Regular Meeting Aspen Citv Council Mav 27 2008 development ellipses subdivision shall also include ellipses land to be used for condominiums, apartments or any other multiple dwelling units. Councilman Johnson stated subdivision is not, as some have asserted, only the process of dividing into separate legal interests nor is it only the division or lazge tracts of land into smaller parcels for the purpose of building single family homes. Councilman Johnson stated the definition of subdivision also includes the result, which is the buildings that are created through subdivision into separate legal interests. Councilman Johnson said the a-mails received speak to the subdivision criteria and focus on 3 areas; one, that this corner contributes to the quality of Aspen's town square or public gathering space; two, how this project, if approved, would encourage other property owners to redevelop and fixrther erode the quality of the space; and three, such erosion would degrade both the public and tourist experience. Councilman Johnson noted Betsy Ratcliff said such a development would not make a good impression on the visitors; Art Burrows says existing areas like this are overcrowded and suggests this building will eliminate dwell tendency and afternoon sun, which makes the Paradise Bakery location so enjoyable; Cazlos Zaldivar spoke persuasively on urban design perspective and the impacts of future redevelopment of all the corners at this location. Zaldivar states this is not like any corner in town and should not be treated as such. Ricky Newman, Junee Kirk and Wendy Perkins cite the great gathering spot of Aspen. Councilman Johnson noted there are 3 e-mails from residents or business owners in this location; from Terry Butler; Guido Meyer and Denise Reich. Meyer suggests this proposal is out of scale with the rest of the buildings at Cooper and Galena; other buildings are lower than the height of this building. Meyer states this is an important downtown corner and thought should be given as to how it can benefit the mall. Councilman Johnson said the letter from Denis Reich regarding the Volk property states they were required by the city to designate open space, even though the building did not make economic sense because each space was between 400 and 600 square feet. They were required to set the building faz back which was an economic hazdship. Reich states they went out of their way to make it a friendly, pedestrian corner; Aspen needs setback buildings, and wonderful restaurants and pedestrian friendly area and especially a mountain view. Reich stated large buildings lot line to lot line do not fit the town's character. Councilman Johnson said LJ Erspamer, P&Z member, makes suggestions about the redevelopment and impact. Lani White makes the same references and concerns about the public space. Councilman Johnson noted in 1985 a GMQS application was submitted to the city, page 18 under amenities states, "the design of the project's open space area so as to maintain the property's existing open space pattern represents a major concession on behalf of the applicant as it dictates the shape of the building and significantly increases development costs. The resulting concentration of 1,000 square feet of highly useful public open space at the front of the site constitutes a major amenity for the project, adjacent land uses and the city of Aspen". 14 Regular Meeting Asoen City Council Mav 27 2008 Councilman Johnson said in the Record of Proceedings, the claims were made how this building was designed in response to public concern such as public space and the historic surrounding buildings. The memo from Robin Molny, 1985, entitled Independence Square presentation, says the same things and includes drawings. This is relevant to the subdivision criteria. Councilman Johnson said this project is in the city's main commercial zone and all of the site would be fully developed and all height would be utilized, yet there will be a loss of net leasable commercial space. Councilman Johnson said that does not seem to be an appropriate way in which a commercial area should grow nor would it be wise if others would follow. That would be a negative impact on future development. Councilman Johnson said there are tourist impacts to be considered because of the public gathering space which the city and adjacent property owners have contributed to in the past. The original Bidwell building predates the pedestrian malls and open space requirements and a building this size fronting right on the mall would negatively impact future development in this area, if the Volk property comes up for redevelopment or if the Guido's building comes in for redevelopment and the public space would be lost. Councilman Johnson noted this public space is used for general public gathering, for parades, for non-profit space like Ducky Derby, and the Ski Company spends $100,000/year to put on concerts in this square. Councilman Johnson said good public spaces are created by both positive space, those which are built, and those left unbuilt. Councilman Johnson said to only leave the pedestrian malls unbuilt is insufficient in the creation of quality public space. This project intrudes on the public spaces and threatens its use and vitality. The project will encourage other area buildings to redevelop and similarly negatively impact the existing public gathering space. Councilman Johnson said with public comments, written and oral, he feels the approval of this structure at this site will contribute to the erosion of quality of the public space, and that is an unnecessary public cost. This will encourage other property owners to do likewise, further eroding public space. Councilman Johnson said he cannot see that the loss of net leasable is a wise way for this area to go nor is it a proper use of valuable space. Councilman Johnson stated he cannot find this meets subdivision review criteria A(a); A(b); A(c) or B(b). Councilman Johnson agreed commercial viable space is a concern for Council but that is not the only concern. Councilman Johnson agreed it is frustrating to get this far in the process and have so much negative public input. Councilman Johnson stated it is important that concerns raised by the public are the subject of subdivision review criteria. Councilman Johnson said there are elements to this design that are quality pieces; however, he cannot accept the pubic costs associated with this project. Motion DIED for lack of a second. 15 Regular Meetine Aspen Citv Council May 27 2008 Councilman DeVilbiss moved to deny Ordinance #1, Series of 2008; seconded by Councilman Skadron. Mayor Ireland said he appreciates the letters he received. Mayor Ireland said he agrees with the facts about not complying the AACP. Mayor Ireland noted Aspen has created a land use code with design review standards that strips from the reviewing bodies to discuss in full in implications of the plans as submitted. Mayor Ireland stated the Aspen Area Community Plan acts as the bulwazk, the ultimate deciding document upon which the community can rely in the event the codes or ordinances do not create substantial justice as opposed to technical justice. Mayor Ireland stated one concern is that the city's historic guidelines encourage 14' floors and force an applicant to go to 40' to accomplish 3 floors in order to make a project viable. Mayor Ireland said the city's land use code does not apprehend the impact of affordable housing mitigation in development. Mayor Ireland said 12,000 squaze feet of high end space does not generate only 3 employees. The city is running a deficit in employee housing. Mayor Ireland said on problem is that the city does not have a clear view of what has happened; residential development and the demand for high end development is driving Aspen's development. Conversions to high end residential are eroding the core's accessibility to the ordinary person and to the tourists. Mayor Ireland said the velocity of redevelopment is scary; things are happening in a way that is hazd to handle. Mayor Ireland said the city ought to change the code so that the P&Z is able to review scale, bulk and mass. HPC should look at whether things aze historic or not. Mayor Ireland agreed last minute responses aze the norm in Aspen. Mayor Ireland noted survey show most people work 52 hours/week so they come in at the last minute. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Romero, no; DeVilbiss, yes; Mayor Ireland, yes. Motion carried. Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Romero. All in favor, with the exception of Mayor h•eland. Motion carried. ORDINANCE #12. SERIES OF 2008 - Establishment of TDRs 612 West Main Sara Adams, community development department told Council this is a 6,000 squaze foot lot with a designated land mark. The applicant has requested the establishment of 6 TDRs leaving 43 square feet of unbuilt floor area. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #12, Series of 2008, on second reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried. 16 Regular Meeting Aspeu Citv Council May 27, 2008 ORDINANCE #4, SERIES OF 2008 -Code Amendment S/C/I Zone Chris Bendon, community development department, reminded Council they have discussed this and resolved many of the issues, like inclusion of brewery and primazy care physicians' offices. Bendon pointed out that brewery supply is a permitted use in the zone district with clarifications on hours of operation, the ounce limit on samples and suspending that limit for wholesale buyers. Primary care physician office is a permitted use on upper floors. A remaining issue is the height allowed; the ordinance proposes 35' allowed in the zone. The language adding 5' for improved floor to ceiling height with more industrial uses has been stricken from the ordinance. Bendon said experience with the Obermeyer project resulted in the recommendation of 35' in part to allow on and off- loading. Bendon said any redevelopment in the S/C/I will probably come through as a planned unit development. Bendon noted S/C/I is a low commercial generating enterprise and Obenneyer came through as apublic/private partnership. Councilman Johnson asked if the city has the ability to suggest any one use maybe of public benefit in this zone. Bendon said Council would have that input in a public/private redevelopment. Mayor Ireland and Councilman Romero stated they support staff's recommendation of 35'. Bendon pointed out floor area ratio allowances and the recommendation is to break up the FAR allowance by the types of uses. There is a .25 allowance for primary care physicians only if a minimum of .75 FAR of commercial uses exists on the same pazcel. This would leverage traditional S/C/I uses with extra squaze footage for primary care physicians' offices. Bendon noted there is a .25 FAR allowance for free market multi- familyhousing, only if a minimum of .75 FAR of commercial uses exists on the parcel. Bendon said one can increase the FAR for multi-family housing up to .50 FAR if both the .75 of traditional S/C/I uses and .25 FAR of primary care physicians offices are developed on the parcel. Councilman DeVilbiss stated he is interested in encouraging space for primary care physicians. Bendon said the next issue is residential uses developed on the same parcel with S/C/I uses being physically separated in order to isolate the impacts of commercial uses from the residential uses. Bendon said this is a lesson learned from the Obermeyer project. Council agreed to support the physical sepazation of commercial uses from the residential uses. Bendon said there is also a proposed prohibition on cross ownership of free market residential units and commercial space so that a residential owner not buy and take the commercial spaces off the market. Councilman Romero stated he supports physical sepazation of the two types of uses. Mayor Ireland and Councilmembers Skadron and Johnson support prohibition of cross ownership in the zone. Councilman Skadron agreed every precaution needs to be taken to keep the S/C/I zone as intended. Councilman Johnson said the S/C/I zone district is to provide Laundromats, dog grooming facilities there is already too much free market uses. Bendon read the new definition of primary caze physicians which has been amended to include licensed physical therapists. Bendon said he sees physical therapists as opening the door to uses that will push the door open even farther to uses like ski trainers and 17 Regular Meeting Aspen City Council May 27, 2008 personal trainers, leaving staff to try and determine what falls in the definition. Councilmembers Johnson, Skadron and DeVilbiss agreed that physical therapists not be included. Councilman Skadron said he feels including physical therapists will erode the initial intent and firrther loss of S/C/I uses. Bendon noted the definition of brewery includes it will be a facility licensed by the state of Colorado and subject to the city liquor license authority jurisdiction. The coffee roasting facility has no on site consumption. Bendon pointed out the temporary moratorium in the S/C/I land use application will expire upon the effective date of this ordinance. Mayor Ireland moved to adopt Ordinance #4, Series of 2008, on second reading, amending it to include a maximum height of 35'; box #2 to remain in tact; physical therapists stricken from the definition of primary care physicians; seconded by Councilman DeVilbiss. Mayor Ireland opened the public hearing. Junee Kirk noted this zone is close to the parkway, Rio Grande river and trail. Ms. Kirk said 35' is too tall and the allowable height ought to be the heights that aze there now. Mayor Ireland closed the pubic hearing. Roll call vote; Councilmembers Romero, yes; DeVilbiss, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #15, SERIES OF 2008 -Exemption from Commercial Core Moratorium Chris Bendon, community development department, told Council this adds an additional exemption to the commercial core moratorium to allow building permit applications that replace, in whole or in part, basement restaurant uses with more than one retail use with no single retail space exceeding 750 square feet and to continue to have a restaurant use. Bendon noted the applicant submitted a letter to Council outlining the proposal for the space. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland said there is some risk in the exemption; however, the city needs to see whether smaller spaces can create the diversity of uses. Councilman Johnson noted it is a risk and a matter of trust. Councilman Romero moved to adopt Ordinance #15, Series of 2008, on second reading; seconded by Councilman Skadron. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion carried. 18 Re¢ular Meetine Aspen Citv Council May 27, 2008 Peter Fornell thanked Council and stated he feels this is a responsibility to the community that the right thing will happen in this space. RESOLUTION #38A/38B. SERIES OF 2008 -Zupancis Galena Master Plan or COWOP Councilman Johnson stated the civic Master Plan identifies the Zupancis Galena properties for future consideration for a wide range of uses, yet there has been a rush to secure space for the Aspen Art Museum, County Offices and ACRA visitor center that other considerations outlined in the master plan have been given little consideration. Councilman Johnson noted most of the properties under consideration aze owned by the city and they belong to all citizens and everyone should have a say on what goes on these properties. Councilman Johnson said the process to date has had too little broad disinterested public input, too many pre-determined outcomes; too little consideration for the wide range of needs outlined in the civic master plan; too little concern for the city's needs; too little concern for shazed use arts facility and too little participation from affordable housing advocates. Councilman Johnson said the parcels could be purchased by interested parties and taken through the land use process. Councilman Johnson said he thought some of these considerations would happen during a master planning process. Councilman Johnson said the two resolutions presented are so specific as to preclude other ideas for these properties. Councilman Johnson said neither of these resolutions would serve the broad public interests or needs. Councilman Johnson said these resolutions seem to lead to apre-determined conclusion. Councilman Romero said he is prepared to support Resolution #38A eligibility of the Zupancis Galena properties for COWOP. Councilman Romero said the COWOP would engender further dialog, and conformance with the previous stated goals as outlined in the civic master plan. Councilman Romero said this outlined process seems to be very broad. Councilman Romero stated this process will not enable any group in the community to run away with city assets or with the process. Councilman Skadron said he feels too little consideration from the uses in the civic master plan that lacked advocates are underrepresented in this plan. Councilman Skadron stated he would tend toward Resolution #38B, the master plan for this area. Councilman Johnson said he supports neither 38A or 38B. Councilman DeVilbiss said he feels this process has to go forward and he would support resolution 38B, the master planning process. Councilman Johnson asked if previous resolutions approving COWOPs were as specific as this. Bendon said for the civic master plan, a location for the fire station, the art museum, a facility for Theatre in the Park were included so there was some specificity in topics but there was a wide open process, which resulted in 6 years of work. Councilman Johnson said he feels Resolution #38B is just too specific Councilman Johnson said he wants to know what city lands were purchased with what funds and whether using these lands would require a public vote. Councilman Johnson reiterated the civic master plan indicated the top priorities were a shared arts facility and a shared 19 Regular Meeting Aspen City Council MaY 27.2008 civic meeting space and those 2 uses are not mentioned. Councilman Johnson said these uses should be considered in planning this area. Mayor Ireland stated he favors the COWOP. Councilman Johnson questioned the city considering other options for city office space when the city owns all this property. Councilman Johnson said he would like advocates for some of the uses outlined in the civic master plan participate in this planning process. Mayor Ireland noted previous Councils supported the county locating their offices in the downtown core and that cannot be achieved using this property for city offices. Councilman Johnson stated he is advocating finishing what was started a year ago rather than jumping to another process. Councilman Johnson moved to suspend the rules and continue the meeting to 10:30 p.m.; seconded by Mayor Ireland. All in favor, with the exception of Mayor Ireland. Motion carried. Bendon said the issue is how to move forward, what the city wants to do with this space and this part of town, and facilitating a process to lead through that discussion. This is not about pre-determining what can and cannot be discussed. Mayor Ireland opened the public hearing. Heidi Jacobson Zuckerman, Aspen Art Museum, presented two letters from other non- profits in support of locating the Art Museum in this area. The letters are from Jim Horowitz, Jazz Aspen and J. P. Malaty, Aspen Santa Fe Ballet. Ms. Zuckerman said the arts groups are engaged in a time of great collaboration. Ms. Zuckerman said the Art Museum can participate in this without any governmental funding. Ms. Zuckerman said the museum operates 365 days/yeaz offering visual enriching experience. Their employees live mostly in the upper valley. Carlos Zaldivar supported this as a great location for a cultural center and the art museum is important for that center. Zaldivar said the current location of the art museum is inadequate and out of reach. Mark Friedberg, AAM board member, noted the past 28 years have shown a fusion between the cultural development of Aspen and the physical nature of Aspen's surroundings. The final complement to the cultural component is the art museum. Friedberg noted the Red Brick provides an area for many arts groups in Aspen. Friedberg said the membership of the museum is growing and they aze capable of funding this museum and providing Aspen with an exciting venue. Junee Kirk said it would be a mistake to allow a COWOP since it is a fast track approval for land use. Master planning would be a better process and involves the public at every step of the way and the citizens get to weigh in at times with minority opinions. Master planning involves a formal critical analysis. 20 Regular Meeting Asaen City Council Mav 27, 2008 Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:45 p.m.; seconded by Councilman Johnson. All in favor with the exception of Mayor Ireland. Motion carried. Tom Melberg suggested Council look at master planning the azea at the base of Buttermilk which could include county, city and RFTA offices as well as a large underground parking garage. This would be more functional and under one roof. Toni Kronberg agreed it would be beneficial to start off with a task force who would vet the uses for this property. The COWOP process would lead to site specific development approvals. Chris Berry said questions he would like answered are what are the costs in traffic and pollution impacts in constructing 47,000 squaze feet and how much more traffic will be as a result of this project after it is completed. Berry said if all government offices were moved to the west side of the roundabout, how much decrease in traffic and pollution would there be. Berry would like to see a citizen based task force answer these questions. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:50 p.m.; seconded by Councihnan Romero. All in favor, with the exception of Councilman DeVilbiss and Mayor Ireland. Motion carried. Mayor Ireland closed the public hearing. Councilman Johnson noted the civic master plan document supports the city and county offices in town. Councilman Johnson said he would like to see the arts sector facility analysis that is referenced in the civic master plan. Mayor Ireland said he feels it is incumbent on Council to modify this in order to keep moving forward. Mayor Ireland said he would support opening this process to consideration of uses not listed and the process chosen should not be detenninative of the outcomes, which has to work both ways. Mayor Ireland moved to adopt Resolution #38B, Series of 2008, amending the 2„a whereas to include among the focuses on the redevelopment of lands owned by the city for the purpose of including a range of uses including but not limited to the uses listed in the resolution adding a shared arts center, public meeting space; and adding another whereas to state the uses listed above aze not an exclusive list and maybe altered or modified during the course of the public master plan process; seconded by Councilman Romero. Bendon requested Council's support on using the broad public feedback tool like keypad voting as an addition to the master planning and not take away any part of the process. All in favor with the exception of Councilman Johnson. Motion carried. Mayor Ireland said he would like staff to create finding of fact to support the motion of denial on Ordinance #1. 21 Regular Meeting Aspen Citv Council May 27.2008 Councilman Johnson moved to adjourn at 10:55 p.m.; seconded by Councilman Romero. All in favor, motion carved. ' Kathry och, City Clerk 22