HomeMy WebLinkAboutminutes.council.20080609Regular Meeting Aspen City Council June 9, 2008
COUNCIL CHAMBERS REMODEL ..........................................................................
CITIZEN PARTICIPATION .........................................................................................
COUNCILMEMBER COMMENTS .............................................................................
CONSENT CALENDAR ..............................................................................................
• Resolution #51, 2008 -Contract -Aspen Economy White Paper ....................
• Resolution #50, 2008 -Contract -Fee Study .....................................................
• Resolution #52, 2008 -Contract -Police Vehicles ..........................................
• Resolution #53, 2008 -Contract -Parking Department Vehicle ......................
• Resolution #54, 2008 -Contract -Asphalt Improvement .................................
• Resolution #55, 2008 -Burlingame Housing Inc Appointments .......................
• Resolution #57, 2008 -Contract -Tiered Electric Rate Study .........................
• Resolution #58, 2008 -Contract -Trail Overlays ............................................
• Minutes -May 27, 2008 ....................................................................................
RESOLUTION #49, 2008 -Contract - AACP Public Process .....................................
CONTRACT - BURLINGAME AUDIT ......................................................................
RESOLUTION #56, 2008 -Finalizing Burlingame Single Family Lot Issue ...............
RESOLUTION #59, SERIES OF 2008 -Affirmation Lift One COWOP Goals .........
RESOLUTION #48, SERIES OF 2008 - 300 Puppy Smith -Conceptual SPA...........
RECONSIDERATION ORDINANCE #1, 2008 - 434 E. Cooper/Bidwell Building ..
ORDINANCE #16, SERIES OF 2008 -Code Amendment Landing of TDRs ............
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R~ular MeetinE Aspen City Council June 9, 2008
Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers Skadron,
Johnson, Romero and DeVilbiss present.
COUNCIL CHAMBERS REMODEL
Mayor Ireland thanked Jason Lasser for his design work, John Laatsch for his
construction oversight and Wodehouse Builders for their work in the newly remodeled
Council Chambers.
CITIZEN PARTICIPATION
1. Susan O'Neal requested the city to set aside a small dog run in a city park, a place
that will allow small dogs to run and not be with large dogs. Ms. O'Neal said there is a
space in the west end of Koch park that would be ideal for a small dog run. Ms. O'Neal
said she spoke with parks staff who said there is enough room for a small dog run and it
could be completed with fencing and just used in the summer and the fencing could be
removed when the park is being used for special events. Mayor Ireland asked for a
recommendation from the parks department on this request.
Jeanette Darnauer told Council her small dog was attacked by a larger dog, which
required an emergency visit to the veterinarian. Ms. Darnauer stated she supports this
request. Sandy Iglehart said her dog was also attacked and she would be grateful if there
was a place to go where little dogs would be safe. Staff will report back to Council on a
location of a small dog run.
2. Mitch Haas, representing the Bidwell project, requested Council move to
reconsider the Bidwell application to a date to be determined. Has said the applicants
heard a lot of comments at the public meeting and were not adequately prepared to
respond. Haas told Council the applicants feel they can makes changes that would affect
the project. Mayor Ireland said he does not want a process that never ends; there is value
in finality. Haas noted the applicants should have asked for a continuance at the end of
the public hearing. Councilman Skadron asked what changes might affect the mass and
height. Haas said they may bring the height down, create a plaza on the corner and try
and move some commercial space to subgrade areas. Mayor Ireland said he would like to
know what reviewing this under the new code and the community benefits that may
ensue would be.
Councilman Skadron moved to add reconsideration of the Bidwell Project to the agenda;
seconded by Councilman Romero. All in favor, motion carried.
3. Junee Kirk requested clarification on what Council thought the height limit was in
adopting the S/C/I zone. Chris Bendon, community development department, said the
height in the S/C/I zone is 35', which is what Council adopted
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Regular Meeting Aspen City Council June 9, 2008
4. Marilyn Marks acknowledged the work being done by the construction experts
group and the dedication of the group. Ms. Marks said it seems as if Burlingame is on a
new path that will house more families in quality units in a more cost effective program.
Councilman DeVilbiss brought up Ms. Marks' request to tape work sessions. Ms. Mazks
encouraged Council to have their work sessions taped so that the public can see all the
important things the Council is working on. Councilman DeVilbiss said taping work
sessions was one of his first requests after being elected to Council and at that time he
was in the minority. Councilman DeVilbiss questioned that taping adds anything to
transpazency; transparency is having the public attend a public meeting.
5. Bill Wiener said the city should not measure height in the S/C/I zone but should
have an elevation over the whole area as it goes up and down; measuring it from the
ground will not achieve the desired result.
6. Mike Maple encouraged the city to look at Anderson park and to include it as a
site for affordable housing. It would be an ideal location and the historic needs of the site
as well and parks/open space can be accommodated with housing. Maple said the city
has a history of buying properties with housing funds that become parks and vice versa.
Steve Barwick, city manager, noted the Anderson property was purchased with open
space funds and would require an election to change the uses.
7. Patrick Sagal complimented Council on turning down the last 3 lazge building
projects. Sagal said the community development department should follow the AACP.
Saga] said the city should change the infill regulations to match the AACP rather than the
other way around. Mayor Ireland said the city is undertaking an update of the AACP and
everyone is invited to participate. This is an opportunity to evaluate plans and goals to
shape the future of Aspen. Councilman Johnson agreed it will be a citizen driven
process.
8. Toni Kronberg thanked the city for the new bus lanes. Today is the first day of
free buses from Snowmass to Aspen and thanked the city for providing funds for the free
buses.
L Councilman Skadron thanked Jason Lasser, community development department,
for all the work in put in on the design of the new Council Chambers.
2. Councilman Skadron supports the idea of a small dog park.
3. Councilman Romero said the idea of citizens serving citizens is appreciated; the
city has a number of task forces doing different tasks. This is a great reflection of the
commitment of the community.
Regular Meeting Aspen City Council June 9, 2008
4. Councilman Romero noted the city is about to launch the citizens' piece of the
update of the AACP, which will be only as good as the community's commitment and
input.
5. Councilman Romero said he would support the taping of working sessions when
this comes before Council for a vote.
6. Councilman DeVilbiss said he watched the last Council meeting on grassroots
and Councilman Romero used the term the rigor and discipline to get to the truth.
Councilman DeVilbiss asked if Councilman Romero was suggesting that any member of
Council had done anything that was not truthful. Councilman Romero said he was not.
7. Mayor Ireland noted planning in Aspen is expensive because so there are so many
smart people with opinions to share. Mayor Ireland thanked al] the citizens serving on
the various task forces, budget, Lift One, construction.
8. Mayor Ireland thanked the Elk's Lodge and those who put on the benefit for
Reggie Barbour. Mayor Ireland noted it is not a measure of greatness of the U.S. when
people who aze critically ill have to have benefits.
9. Steve Barwick, city manager, announced that Wednesday a.m. Galena street south
of Hopkins will be one-way. This applies to both automobiles and bicycles.
CONSENT CALENDAR
Councilman Romero requested Resolution #49, Series of 2008, AACP Public Process
contract, Contract Burlingame Performance Audit and Resolution #56, 2008, Burlingame
Single Family lots, be pulled from the consent calendar.
Councilman Johnson moved to adopt the consent calendaz as amended; seconded by
Councilman Romero. The consent calendar is:
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Regular Meeting Aspen Citv Council June 9.2008
• Resolution #51, 2008 -Contract -Aspen Economy White Paper
• Resolution #50, 2008 -Contract -Fee Study
• Resolution #52, 2008 -Contract -Police Vehicles
• Resolution #53, 2008 -Contract -Parking Department Vehicle
• Resolution #54, 2008 -Contract -Asphalt Improvement
• Resolution #55, 2008 -Burlingame Housing Inc Appointments
• Resolution #57, 2008 -Contract -Tiered Electric Rate Study
• Resolution #58, 2008 -Contract -Trail Overlays
• Minutes -May 27, 2008
All in favor, motion carried.
RESOLUTION #49.2008 -Contract - AACP Public Process
Councilman Romero requested staff summarize the decisions Council came to and the
additions to the work. Jessica Garrow, community development department, reminded
Council the base contract is $250,000 with Design Workshop, split 1/3 Pitkin County and
2/3 City of Aspen. The money for the contract was appropriated in the 2008 budget. Ms.
Garrow said there is a funding request for $37,000 including $2,000 for interactive map
capability on the website; $21,000 for public survey work to supplement small group
meetings, and $14,000 for advance keypad voting to provide more details from the
community. Ms. Garrpw noted at the June 3`d joint work session with Pitkin County, it
was proposed that this funding be split 1/3 and 2/3 for the additional work as well.
Councilman Romero asked the timeline for this work. Ms. Garrow said the city and
county are currently working on existing conditions report to include a physical build out
analysis of commercial, lodge and residential properties in the city and a report that
updates all the facts and figures. The additional topics are life long Aspenites to deal
with a continuum of care, day Gaze to senior services and discussion of the different
layers of government working in the Aspen azea. Ms. Garrow said this additional work
will put the release date off to July or August 2008. The goal is to have a new AACP
adopted by Apri12009.
CONTRACT - BURLINGAME AUDIT
Councilman Romero said the proposed scope is broad and aggressive. Bentley
Henderson, assistant city manager, told Council the proposed contractees are present to
give input on how they will finalize the work. Steve Barwick, city manager, told Council
this is the second go round on the scope and it will be fine tuned as this goes forwazd.
Hunt Holsomback, Alvarez & Mazsal, told Council they developed the scope of work
Regular Meeting Asaen City Council June 9, 2008
after speaking with the city and hearing the issues and concerns. Holsomback agreed the
scope of work is aggressive; however, there are pieces the city can do to help.
Holsomback said they can also address issues that come up during the process.
Councilman Romero said he feels a key priority is the first step, the stakeholder interview
step with city staff, public and task force members. Councilman Romero said he would
like any modules not relevant to be eliminated. Holsomback agreed some of the contract
is boiler plate and the interviews are the key. Holsomback said the timeline is aggressive
and it will work unless additional interviews are added.
Councilman Johnson asked for a description of what will be done and intent of the scope.
Jason Smith said the overall intent is to provide insight and improvement opportunities
for the development process. Councilman Johnson asked if Alvarez and Mazsal will go
back to the original contract and look at ways contracts could be better written as well as
a forensic analysis to see how things aze progressing. Holsomback said they will review
the contract and make recommendations on how the contract could be approved. They
have not been asked to review individual expense items but have been asked to look at
the overall cost of the project to see if the costs are reasonable and fair. Smith noted most
of the areas are prospective rather than retrospective.
Barwick said the dollaz side of the analysis for Burlingame phase I will be done in a
separate audit by the city's auditors. Alvarez and Marsal will be looking at the contract
form and the performance of the different teams. Mayor Ireland said there has been a lot
of focus in Burlingame on who did what, when. Mayor Ireland stated he is not interested
in fixing blame but finding out how mistakes were made so that they are not repeated.
Mayor Ireland said constructing Burlingame when it was first approved would have
saved money. However, rather than laying blame, he would like to hear from the
consultant how a process can be created that maximizes the value and protects the city
from cost overruns. Councilman Johnson said Burlingame is an important project and
Council showed a lot of courage in bringing the project forward. Councilman Johnson
said one of the promises was that the project would be phased; build phase one and make
a decision to see what to do next. Councilman Johnson said if the project is phased, the
costs would go up. The budget task force is examining all the numbers and practices and
past history of Burlingame.
RESOLUTION #56.2008 -Finalizing Burlingame Single Family Lot Issue
Bentley Henderson, assistant city manager, reminded Council this issue started in
February 2006 after the sale of the single family lots. It became apparent there were
challenges in developing those lots. At one point Council decided to offer additional
subsidies for these lots. Henderson said there are also questions on how to most
effectively make this money available to single family lot owners. Henderson said there
is also a question about the resale cap. The two primary issues aze subsidies and resale.
Staff has tried to provide a way for the homeowners to move forward but some find they
are in an untenable situation between the cost of construction and lending institutions.
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Regular Meeting Aspen City Council June 9, 2008
Henderson said staff s goal is to bring this policy decision to Council. Henderson noted
there are questions with the resolution and staff can rework that if necessary.
Councilman Romero said the subsidy and the trigger point when and by what provision
this subsidy goes to the property owner is an issue. Councilman Romero noted the
resolution calls for it to go to the property owner with demonstrated proof of security
interest. Councilman Romero said some property owners would like additional
information on that point.
Councilman Romero said the second issue is the tax issue and the property owners
indicated a concern that a subsidy may become taxable. Henderson said staff has
received two different opinions; one the subsidy may be taxable and one that the subsidy
is not taxable. Henderson noted staff does not have a tax expert and recommended the
property owners get advice to make individual decisions as each situation is different.
Councilman Romero noted the third issue is resale and definition of the total cost of
construction. Councilman Romero said the resolution does not define total cost of
construction and he would like the resolution to be clear so that anyone can determine
how it is to be implemented in the context of unit resale cap. These are to be established
property by property. Henderson said what is included in the cap, hard costs, soft costs,
general construction, is a policy decision of Council. Councilman Romero said he has
heard from the unit owners that they would like to get their capital financing put together
to qualify. Councilman Romero said he is concerned that the city gets to an objective
result in the resolution to meet the city's goals and the purchaser's goals and to honor the
last 22 months of what has occurred with construction costs and the caps. Councihnan
Romero said he is willing to support a broader definition of total costs of construction to
insure a level of fairness for the purchasers of these lots and getting resolution on the
subsidy itself. Councilman Skadron said better definition of total cost, resolution of the
subsidy and the tax issues need to be part of the resolution.
Henderson noted the subsidy revolves around the security issue and the release of that,
which would be at certificate of occupancy. Mayor Ireland asked about the tap fee issue
and why one group is paying the tap fee and another group of purchasers is not. Mayor
Ireland noted any interest costs that are a result of some action the city took should be
considered. Mayor Ireland said the city needs to be clear they will use an escrow
company in the likelihood a tax would be imposed on a property owner. Mayor Ireland
said property owners should not be taxed on the fact that the property is worth more than
one paid for it. Mayor Ireland said the city cannot indemnify people against any court
decisions of the future.
Mayor Ireland said this is headed in the right direction, establish the sales price based on
the actual cost of the unit. Mayor Ireland noted construction costs are very high.
Henderson said he will begin the paperwork to get the paperwork drafted and reviewed
by the attorney. Councilman Johnson said staff should be including not-to-exceed limits.
Councilman Johnson said he is not yet comfortable with the resolution and the resale
caps.
Regular Meeting Aspen City Council June 9, 2008
Tim Carney, property owner, noted each owner has a different issue, like the resale cap or
the subsidy and taxes. Carney said he feels the resolution is vague in the release of the
subsidy. Carney said he thought the subsidy was to offset the cost of the land. Rick
Lowe, property owner, said they have been able to construct their unit, and time is of the
essence for financial reasons. Mayor Ireland said staff will have the ability to work out
and to recommend to Council price caps for the single family lots. The property owners
will have the ability to borrow money in order to get to c/o. Mayor Ireland said he would
like this concluded, lot by lot if necessary. Henderson said he will bring this back to the
next Council agenda. Lee Mulcahey, property owner, said they are not looking for
unlimited price caps but a clarification on resale in order to get loans.
Mayor Ireland to approve Resolution #49, 2008 - AACP Public Process Contract, and
Burlingame Audit Contract; seconded by Councilman Romero. Councilman Skadron
said he is voting no on the contract for the AACP public process because he is not that
each additional survey tool will return information of real value. Resolution #49, All in
favor, with the exception of Councilman Skadron. Motion carried. Burlingame Audit
Contract, Al] in favor, motion carried.
RESOLUTION #59. SERIES OF 2008 -Affirmation Lift One COWOP Goals
Mayor Ireland said the COWOP has adopted goals on this property looking at the entire
site rather than individual sites. Chris Bendon, community development department,
noted there is a lot of enthusiasm and high ownership of the planning process. The
COWOP is addressing the constraints before looking at any massing, building issues or
chazacter.
Tim Ditzler, COWOP facilitator, told Council the COWOP has been meeting for 9 weeks
and has set a foundation and defined goals. The COWOP conducted a site visit. Ditzler
told Council the COWOP adopted statements; a goal is a broad statement of what a
master plan hopes to accomplish relative to community values; it is important to
distinguish a goal from a solution; the goal is to reach consensus on the goals. The task
force broke into smaller groups. Each of the 7 goals will be reported on so Council can
understand each goal.
#1 - "Respect Aspen's history; integrate the balance of architecture and design through
the relationship, mass and scale of historic and proposed structures". Allison Agley, HPC
representative, told Council the group focused on the history of the lift one area, the
existing element and building as well as the historic lift. This is a general goal and the
hope is to retain some historic pieces to help tell the story of skiing in Aspen. The
historic buildings should not be dwazfed.
#2 -Showcase and promote Aspen's ski history and traditions" Allyn Harvey, citizen
member, told Council the COWOP understands the importance ofneighborhoods to
Aspen and to skiing. Harvey said the COWOP would like a result that makes residents
and visitors awaze of the skiing tradition and the evolving ski history. The historic assets
Reeular Meeting Aspen City Council June 9, 2008
in the neighborhood could be used to illustrate the skiing history. The challenge will be
to find ways to incorporate new development and to honor the history.
#3 - "Provide easy and welcoming access to all users that integrates the Lift One
neighborhood and town while minimizing traffic and pavement". Denis Murray,
representing Trainor's Landing, said there aze many users and different types of
accessibility and how this will be accessible by transit. The COWOP discussed
realigning pazks, rights-of--way, and the chair lift, that this not be an exclusive
neighborhood. Murray said the COWOP discussed year round use of the area and the
location of the list and the gradient of Aspen street and if there is a way to correct that.
#4 - "Develop improved lift access and infrastructure that includes the world cup venue
and year round activities". Mazk Cole, Aspen Valley Ski and Snowboazd Club, said lift
access is so important, it should have a goal around it. The current access is difficult and
the task force is not ready to make any recommendations on lift location. The ability to
stage World Cup-type events and the day to day operations of the ski company should be
maintained or improved. The COWOP is mindful there aze year round activities that
should be accommodated.
#5 - "Create a `lights on' mix of lodging, services, amenities and on-site affordable
housing to attract visitors and locals while respecting the nature of the neighborhood".
Cliff Weiss, P&Z representative, noted `lights on' is at the head of this goal and the
COWOP agrees that this neighborhood should be developed with lodging and residential
uses that are occupied most of the year. The neighborhood should be enlivened with
affordable housing units and permanent residents. There should be a mix of lodging,
retail, places of interest and a gathering place. The developers should add to, not
overwhelm, the mix of historic sites, local residences, lodging, summer trails.
#6 - "Develop an economically viable and flexible project without imposing burdens on
the community". Galen Bright, representing the neighbors, told Council maintaining
economic viability is a big challenge. The developers will be developing a business plan
to cover many of these goals. The task force has engaged someone from CU Boulder to
help with this analysis. One cannot have a project without a pro forma, which has to be
acceptable to the developers and their investors. The burdens on the community include
additional city services, utilities, affordable housing and how to offset these needs and
what is the mix of on-site and off-site affordable housing. Bright said the goal is to
create a project that does not become obsolete and should be able to accommodate future
needs.
#7 - "Create an environmental showcase that exploits on-site energy generation and
responsibly uses energy and other resources". Zack Matthews, representing Gilbert street
owners, said the COWOP feels it is important to acknowledge Aspen's commitment to
environmental stewardship; Aspen has a long history of being in the forefront of
environmental preservation. Matthews said their goal is to create a project that takes
advantage of on-site energy sources.
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Regular Meeting Aspen City Council June 9, 2008
Mayor Ireland said the pro forma will not be based on information that cannot be shazed;
the public will know on what the estimates are based. Councilman Johnson said the two
most important pieces to him are "lights on" and the history. Councilman Johnson said
the idea of this area being open, accessible and not sterile is encouraging. Councilman
Johnson said he likes the idea that the way the space is inhabited will speak more to its
historical chazacter than objects in a building.
Councilman Romero stated the commitment to the public process by the task force
members is worthy. Councilman Romero said there should be a conduit for receiving
input and for have the goals be flexible. Councilman DeVilbiss said he would like to see
the lift brought down to Dean street. There are a number of goals that are important to
him.
Toni ICronberg said the public process could be a fatal flaw. Ms. Kronberg noted public
comment is not in a set space on the agenda. Ms. Kronberg said she is concerned about
the goal regarding transportation. Ms. Kronberg said her concern is how the
transportation impact of the project will be handled and this is not covered in the goals.
Ms. Kronberg recommended asking the task force to look at the multi-modal seamless
transportation, which is connection Lift One neighborhood.
Mayor Ireland said he opposed having Council tell the COWOP what they must consider
and adopt. The COWOP may consider language suggested by Ms. Kronberg, if they
wish. Mayor Ireland noted the COWOP will recommend a plan for this property which
will go to P&Z and to Council for their reviews.
Bill Wiener said this is 8 times bigger than the Obermeyer project; this is a big project
with big potential. The project needs to be a place that people will want to go to, to
operate 12 months/year, not just during ski season. Wiener noted there aze problems
moving the lift down towards Dean street; the transportation should go up the hill.
Wiener suggested a goal should be to build the project all at once. Ditzler said the next 3
meetings are at the Aspen Meadows on Thursdays at 11 a.m.
Mayor Ireland moved to adopt Resolution #59, Series of 2008; seconded by Councilman
Romero. All in favor, motion carried.
RESOLUTION #48, SERIES OF 2008 - 300 Puppy Smith -Conceptual SPA
Jason Lasser, community development department, entered an e-mail from staff to Willis
Pember. Lasser told Council Puppy Smith LLC has applied for an SPA amendment for
lot 1 of the Trneman Neighborhood Commercial project. The zoning is NC/SPA. The
applicant is requesting conceptual approval to divide lot 1 into two lots and to construct a
new commercial and residential building. Lasser noted P&Z is final on the commercial
design review.
The applicant proposes a subgrade garage, commercial space and affordable housing on
the ground floor; free market and affordable housing on the second story. This is a four-
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Regular Meeting Aspen City Council June 9, 2008
step process; conceptual at P&Z and Council and final review at P&Z and Council.
Lasser said the memorandum outlines concerns about the project from P&Z and from
staff. Lasser said the packet includes two P&Z recommendations, one recommending the
project and one recommending this azea be master planned. There is not requirement for
a master plan in the code. Lasser said there are concerns about pedestrian access, about
mass and scale. Lasser noted most of the surrounding buildings are one-story.
Sunny Vann, representing the applicants, told Council the original record is not complete
and it is not clear why the SPA process was chosen rather than a PUD. Vann noted one
of the uses was the US Post Office and that use is not allowed and SPA allows uses to be
varied and multi-uses to be established. The recorded documents established total square
footage for the commercial buildings on lot 1. Uses on lots 2 and 3 were not addressed.
Lots 2 is the post office and lot 3 is the entrance with the Rio Grande right-of--way and
entrance to the trail.
The Trueman Center a/k/a Clark's Market was approved with total building square
footage of 47,000 squaze feet; 37,000 square feet of commercial and 10,000 square feet
of residential. Vann noted at that time, the applicant represented on the record that of the
37,000 square feet of commercial space, 10,000 square feet would be S/C/I uses, in a
property zoned NC. This has been tracked through the city records over the past 30
years. Vann said there is also 10,000 square feet of affordable housing on site. The
documents establish the maximum height at 32'; the open space is 25% and there aze 113
parking spaces. Vann said the existing project is much the same as approved.
Vann stated this project is designed to meet all the NC regulations and the current code.
The only variance requested would be the public amenity space in the new lot. The space
is there but some of the open space does not meet the definition of open space. Vann
noted the height limit in this zone is 28' which may be increased to 32' subject to
commercial design review. Vann said the majority of the building is 29' with some
parapets to add interest to the design.
David Johnston, azchitect, showed the overall site plan, showing the pazking lot, the new
building on the north side. Johnston told Council the location of the proposed building
on the northeast corner of the site was determined by circulation, truck delivery, and
pedestrian access. The access to the under ground parking would be on the west side.
The building is a two-story building. Johnston illustrated the proposed pedestrian
circulation and the north/south access across the parking lot. Johnston said the proposed
circulation is one-way.
Johnston showed the facade which will face the existing pazking lot. The design attempts
to break up the building across the front. Johnston showed the streetscapes with trees and
planters, the amenity space as a gathering space working with the Mill street entry. Vann
said this application will take the existing lot 1 and subdivide it into 2 pazcels; the
existing Trueman Center and a new lot. Each ]ot and the building thereon is designed to
comply with the neighborhood commercial dimensional requirements and will be
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Re¢ular Meetiu¢ Aspen City Council Juue 9.2008
conforming. Vann noted there will be 6850 new net leasable commercial squaze footage
on the ground floor, which will be divided into spaces for typical NC uses.
Vann said the affordable housing will be 7700 net livable squaze feet, 1 studio, 3 one-
bedroom, 4two-bedroom, and lthree-bedroom. The categories have not yet been
defined. The existing rental units will be memorialized through a deed restriction. The
existing units have been rented through the housing office. Vann told Council the code
caps the size of free market residential at 1500 square feet/unit; there will be 2 one-
bedroom and 3two-bedroom units totaling 7500 squaze feet.
Vann told Council the original SPA plan provided 113 spaces, and there are 112 spaces
existing today. 18 of these parking spaces are earmarked for the 18 affordable housing
units. Vann said there have been no restrictions on the business uses of these spaces.
Vann noted there is a problem with hikers and skiers using this parking lot. The owners
have installed aone-hour parking limit, which they aze enforcing. Vann told Council a
rent reduction is being offered to any housing tenants who do not have a car.
The new project will have 60 parking spaces available to all commercial tenants;
employees will not be able to pazk in these spaces. The new building will have subgrade
parking with 26 spaces, 5 for the free market, 9 to the affordable housing units and 12
spaces will be offered to tenants in the existing building. This will be gated pazking.
Vann said the city code would require a total of 76 pazking spaces for the new
development, 1/residential unit and 3/1,000 square feet of net leasable.
Vann said the code requirement for affordable housing would generate demand for 15
employees to be mitigated at the 60% requirement. The residential portion generates 5.5
employees and the code requires one to mitigate for the lazger of the two requirements,
which would be 15. The proposed 9 units will house 18.5 employees or 120% of the
code requirement. If one takes the full commercial generation, not 60% and adds it to the
residential requirement that is 30 employees and 60% is about 18.5 employees housed.
Vann told Council the code requirement for public amenity space is 25% of the site; one
can provide that by off-site, on-site, cash-in-lieu. Vann said the existing pedestrian
amenity space on site is less than 25% and one does not have to meet the 25% in an
existing deficit. This open space was distributed between the two lots; 22% on one lot
and 21 % on the other lot and assumed that is the tazget to meet in the new design. The
Trueman Center lot will stay the same; the lot 1 will be about 6% short and the applicant
proposes to pay the applicable cash-in-lieu. Vann said staff requested an indentation of
the northeast corner of the building to accommodate an outdoor gathering area. There is
a cantilever above this space so it can be used year round. Because it is covered, it
cannot be counted as open space. Vann said the building has been designed to have pop
ups to add interest to the design. The ground foot commercial has a 14' floor to floor to
accommodate a typical NC use.
Tony Mazza, applicant, told Council he was approached by the community development
department to study the feasibility of adding more commercial space to the Trueman
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Regular Meeting Aspen City Council June 9, 2008
Center area. Mazza stated there was no representation by the city that anything would be
approved. Mazza said if he had not been approached by Council, he would not be in
front of Council. Councilman Johnson agreed it was the position of the previous Council
to instruct staff to approach people with underdeveloped properties and ask them to look
at the feasibility of development.
Councilman Johnson asked how much existing open space there is. Vann said there is
25,055 squaze feet - 19,700 is on the Trneman lot and 5360 on the proposed new lot
which totals 22.5% which is less then the 25% required for a new development, the non-
conformity will be increased about 6%. Mayor Ireland said parking is a core issue.
Mayor Ireland said the additional commercial space would be a welcome addition.
Mayor Ireland said the problem is how does the city assess and pay for uses that consume
the existing capacity over time. Currently there is a parking lot that at times is at
capacity. Mayor Ireland said if this turns out to cause a shortage of parking spaces, is this
going to endanger the existing S/C/I uses, which depend on high turnover, in this area
and eventually turn it into a high end use which requires little traffic.
Mayor Ireland said the other capacity problem is North Mill street, which is one of the
busiest streets in town. Mayor Ireland said there should be master planning to address
the bigger issues before things are done that are irreversible. Mayor Ireland said he does
not want to approve this project without a larger context. Mayor Ireland said the city
should address the relationship between this project, the S/C/I, which Council would like
to see expanded, and the US Post Office. Vann told Counci] the applicants did have
traffic studies done and it showed this street is under capacity. Vann said the problem
with the master plan process is that the existing tenants have long term leases and it
would be difficult to plan around those. Mazza pointed out the applicants gave the area
behind Clark's Market to the city for a trail; you have to leave enough room on Mill
street for the 18-wheelers to maneuver; digging under Clazk's Mazket would shut their
business down.
Councilman Skadron said most public comments are about the loss of parking; however,
Council has taken many steps to reduce the incentive to drive and this seems to revolve
around driving. Councilman Skadron said diminishing parking in exchange for
community benefits helps to achieve long term goals. Mayor Ireland said he feels
pazking is necessary for some things, like grocery shopping.
Mayor Ireland opened the public hearing.
Tom Clark said he does not agree with this project; it is a nightmaze for the grocery store.
Clark noted he is well treated by his landlords. Clark said there is a large amount of
competitive activity happening down valley in the grocery business. Clark said the 112
pazking spaces were a Council requirement. Clark said if people cannot pazk, they will
not shop. Clark said new pazking enforcement has begun at Clazk's Market pazking lot,
which is a good thing. Clark pointed out if this parking lot is decreased in size, people
will drive out of town to do their grocery shopping, which will hurt the city and the sales
tax revenues. Clark said he is concerned about the congestion and gridlock.
13
Regular Meeting Aspen City Council June 9, 2008
Councilman Johnson moved to suspend the rules and extend the meeting until 11 p.m.;
seconded by Councilman Romero. All in favor with the exception of Councilman
DeVilbiss and Mayor Ireland. Motion tamed.
Cliff Weiss told Council he offered a resolution at P&Z to have a master planning
process. Weiss said his vision was larger than just this development area, like
redesigning the location of Puppy Smith street and working with the post office. Pat
Sagal said he likes the suggestion of master planning and parking and affordable housing
should be looked at for this azea.
Vicki Peterson, Alpine Ace Hardware, told Council they have been a tenant for many
years and they do not allow their employees to park in the parking lot. Ms. Peterson
noted there are many items purchased in hardware stores that aze too heavy to carry any
distance to a caz. Ms. Peterson said it is already difficult for delivery trucks to access to
their loading dock. Bill Wiener said he is opposed to this. Wiener said it could have
been developed in a low impact manner. Wiener noted there is a 12' drop from the
courtyard to Puppy Smith and one could design a double deck parking strip in that drop.
Wiener said he doe not want to see a canyon created in this location. Wiener said there
are other ways to do a development and to increase the parking.
Toni Kronberg said taking away 50% of the parking will have an adverse effect on the
economics. Ms. Kronberg said the approval with 113 pazking spaces makes this project
work. Heather Camp, Sashae, told Council during the 4 years she has been a tenant, there
has been an active boot system in place. During the high seasons there is not enough
parking to accommodate all the users. Ms. Camp asked if there could be two layers of
underground parking.
Mayor Ireland closed the public hearing.
Councilman Johnson noted the applicant acted in good faith to a request from the city.
Councilman Johnson said if this goes forward, he would like to review the 1977 approval
documents and a review of the housing from the housing office. Councilman Johnson
said he likes the idea of a master plan for the area. Councilman Johnson agreed the
parking is a drawback to this proposal. Councilman Johnson said if this goes forwazd, he
would like a better understanding of how the parking is used on a daily basis.
Councilman Johnson said there are a lot of positives to the proposed project and some
major minuses.
Councilman Romero said he has not heard an azgument fora "must have" for this
application. There are trade offs in the proposal. Councilman Romero said the potential
damage to the existing NC business is a negative trade off. Councilman Romero said he
would support a master planning process. Councilman Romero said the architecture is
mindful of the commercial design guidelines. Councilman Skadron agreed a master plan
warrants further consideration. Councilman Skadron said he is persuaded by Tom Clazk
that losing the pazking spots would be injurious to the businesses there.
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Regular Meeting Asaen City Council June 9, 2008
Councilman DeVilbiss said the building is attractive and presents itself well. The major
drawback is the parking, which is a significant drawback. Vann asked Council continue
this matter so the applicant can confer on what they have heard and decide whether to
withdraw the application or to continue.
Councilman Johnson moved to continue Resolution #48, Series of 2008, to July 14~h;
seconded by Councilman DeVilbiss. All in favor, motion carved.
RECONSIDERATION ORDINANCE #1, 2008 - 434 E. Cooper/Bidwell Building
Mitch Haas, representing the applicant, told Council after 2 years in the process with little
public comment, there was a lot of public comment at the final hearing. Haas said they
did not have a chance to gather their thoughts and to ask to be continued to further work
on the design. Haas said the applicants discussed the public comments and thought they
could accommodate changes to address these concems and would like the opportunity to
do that. Haas said they should have asked for a continuance at the end of the public
hearing rather than a denial. Haas noted they would like a chance to present a building
that provides community benefits, like affordable housing, commercial space and LEEDS
certification.
Jody Edwards, representing the applicant, said the city has nothing to lose; they will
either get a project they like or they deny the project. Councilman DeVilbiss asked the
alternative if Council does not reconsider. Edwards said they can do nothing, they can
submit another application and leave the building as is, they can file a lawsuit, or they
could renovate the building with little additions.
Councilman DeVilbiss said he would like to see the city try and be a partner in the
redevelopment of this site as in offering reconsideration, not as a financial partner.
Councilman Skadron noted he had specific criticisms of the building, like retaining the
western vernacular. Councilman Skadron said lowering the building and replicating what
is there is something he would be willing to consider. Councihman Skadron said he
would like the plan to satisfy the definition of "significant" changes. Haas said their
intent is to take a try at that.
Councilman Romero concurred with the idea of giving the applicant a chance to respond
to the community concerns. Councilman Romero said he does not favor a continual back
and forth, approval, denial, reconsideration but would reconsider in this case.
Councilman Johnson said at the public hearing, the applicants stated they wanted a
decision from Council. Councilman Johnson said he would like to see some principles
in writing about what will be presented in reconsideration. Councilman Johnson said the
public commented in person and by e-mail and expected Council to take their comments
seriously. Mayor Ireland said there is value in finality; applicants are entitled to a
decision, as is the public. Mayor Ireland said the ability of the public to respond to
applications and to participate in the process, there is a point where the public will get
fiustrated.
15
Regular Meeting Asaen City Council Juue 9, 2008
Councilman DeVilbiss moved to reconsider Ordinance #1, Series of 2008; seconded by
Councilman Romero. All in favor, with the exception of Councilman Johnson and
Mayor Ireland. Motion carried.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11:15 p.m.;
seconded by Mayor Ireland. All in favor, with the exception of Councilman DeVilbiss.
Motion carried.
Councilman Johnson moved to continue Ordinance #1, Series of 2008, to June 23;
seconded by Mayor Ireland. All in favor, motion carried.
ORDINANCE #16, SERIES OF 2008 -Code Amendment Landing of TDRs
Amy Guthrie, community development department, reminded Council when the TDR
program was created, the concept was that historic homes could sell some of their FAR to
non-historic homes. Ms. Guthrie noted there was a code amendment to allow TDRs to
land in the commercial mix zone to increase unit size. Ms. Guthrie said this amends the
code to add these amendments to the correct section of the code. Ms. Guthrie said if a
TDR is landed under this provision, the overall FAR will not be increased; it allows
increases in unit size. Staff recommends approval of this ordinance.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Romero moved to adopt Ordinance #16, Series of 2008, on second reading;
seconded by Councilman DeVilbiss.
Councilman Johnson stated he dislikes the idea of additions to buildings likes the Red
Onion or Ute City Banque building that he cannot support this code amendment.
Roll call vote; Councilmembers Skadron, yes; Romero, yes; Johnson, no; DeVilbiss, yes;
Mayor Ireland, yes. Motion carried.
Councihnan Johnson moved to go into executive session at 11:07 p.m. pursuant to C.R.S.
24-6-402(4)(f) personnel issues; seconded by Councilman Romero. All in favor, motion
carried. Also present John Worcester, city attorney; Steve Barwick, city manager and
Kathryn Koch, city clerk.
Councilman DeVilbiss moved to come out of executive session at 11:45 p.m.; seconded
by Councilman Skadron. All in favor, motion carried.
Councilman DeVilbiss moved to adjourn at 11:45 p.m.; seconded by Councilman
Johnson. All in favor, motion carried.
~~ ,~,,!i ,
"Ka`"{t~eii,~("ity Clerk
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