HomeMy WebLinkAboutminutes.council.20090810Regular Meeting Aspen City Council August 10, 2009
CITIZEN PARTICIPATION ............................................................................................. . 2
COUNCILMEMBER COMMENTS ................................................................................. . 4
CONSENT CALENDAR .................................................................................................. . 5
• Resolution #53, 2009 -MEAN Appointments ...................................................... . 5
• Resolution #54, 2009 -Calling Special Election .................................................. . 5
• Resolution #55, 2009 -Contract -Rocky Mountain Recreation for Harmony Park
Playground ..................................................................................................................... . 5
• Resolution #56, 2009 - GOCO Grant Agreement ................................................. . 5
• Resolution #57, 2009 -Contract - RA Nelson -Cozy Point Cabin Renovations. . 5
• Minutes -July 27, August 3, 4, 2009 ................................................................... .. 5
All in favor, motion carried .......................................................................................... .. 5
ORDINANCE # 19, SERIES OF 2009 -Aspen Local Marketing District ....................... .. 5
RESOLUTION #58, SERIES OF 2009 -Boomerang Extension of Vested Rights ........ .. 9
ORDINANCE #13, SERIES OF 2009 - 219 S. Third Historic Lot Split Reconsideration
........................................................................................................................................... 10
RESOLUTION #52, SERIES OF 2009 -Lift One Lodge Conceptual PUD ................... 16
1
Regular Meeting Aspen City Couucil August 10, 2009
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Skadron,
Romero, Johnson and Torre present.
CITIZEN PARTICIPATION
I . Steve Aitken, golf course, reported the Challenge America golf tournament held
at August 4`h; event was a success. Houston Cowan, Challenge Aspen, thanked Council
and said they cannot say enough good things about the city staff. Cowan read a thank
you note from Fred Funk, the professional who played the tournament. Cowan told
Council they were able to host 12 disabled service women for a retreat and a river trip.
Cowan said this has become a model program for returning injured soldiers.
2. Patrick Sagal suggested the city hire a new facilitator for the second Lodge at
Aspen Mountain COWOP. Sagal said he would like to see the COWOP be completed.
The facilitator for the last COWOP cleazed the public from Council's retreat and a neutral
facilitator would be more beneficial. Mayor Ireland asked Council to consider an
appropriation to put AACP and COWOP on Grassroots. Councilman Romero agreed.
3. Don Davidson said the public should be encouraged and welcomed at all Council
meetings, which is an essential part of democracy. Davidson noted the public process is
benefited by citizen participation. Davidson said the city did not provide adequate access
to the public at the retreat held last week. The meeting room was not easily accessible;
the room was not adequate for the public to observe the meeting, there was no sound
amplification, the meeting was not listed in the Aspen Times or the city's website, the
city clerk's office could not find the time and place, and the press and public were asked
to leave the meeting. Davidson said the city can do better than that. Mayor Ireland stated
he was sorry Davidson was asked to leave the meeting and in the future, the city will
make sure everybody feels welcome.
4. Jim Smith told Council he is trying to understand the land use code and submitted
informal questions to the community development department. Smith said the answers
were not complete. In June he made a formal request of the community development
department asking for code interpretation of several parts. The code states one will
receive a response within 15 days. Smith said he did not get a timely response and has
been assured he will receive a response this week. Smith noted his original request was
42 days ago.
5. Neil Siegel brought up a ballot questions on IRV this November. Siegel said in
2007, the ballot question was only a yes or no on IRV; it did not address other voting
methods. Siegel said it would be appropriate to ask the voters to retain or revoke the
runoff system, whether to unwind the Charter amendment or keep it. Siegel said it would
overload voters to stack alternative concepts on the ballots. Siegel said keep it simple,
keep IRV or revoke the Charter amendment.
6. Paul Young, 413 West Hopkins, said 219 S. Third has not had a full public
review. Young said he understood the process is starting over. Young said an offer was
Regular Meeting Aspen City Council Au¢ust 10, 2009
made by Council and was rejected. Young said a lot split should have a full public
review. Young said he would like to be able to have more than 3 minutes in front of
Council for himself and his representatives.
7. Toni Kronberg said one of Council's goals is to ask voters how to proceed on the
Entrance to Aspen in November 2010. Ms. Kronberg noted she is a proponent of the
aerial connection and requested it be on the ballot on the same grounds as the other
entrance altematives. Ms. Kronberg stated the other alternatives have had funding to
bring them forward and requested Council consider funding the aerial connection. The
engineers have donated a lot of their own time. Mayor Ireland said this should be a
separate discussion at a work session and Council will need to know how much money is
being requested and what it will go for.
8. Bert Myrin requested Council reconsider the decision to extend the vested rights
for the Jerome Professional Building because of the pacing issue. Myrin pointed out if
Council gives every application an extension on their vested rights, pacing will again
become an issue. Mayor Ireland said if a Council member on the prevailing side wants to
reconsider, they should bring it up under Councilmember comments.
9. Marilyn Marks asked whether staff is preparing an advisory question or a binding
question regarding IRV for the November ballot. John Worcester, city attorney, said he
understood staff was directed to draft an advisory question asking the public whether or
not they want to continue with IRV and no reference to other choices. Ms. Marks
requested staff draft a binding question to look at it side by side with an advisory
question. Mayor Ireland said Council can address this at a work session. Ms. Marks
requested Council also discuss releasing the ballot images. Ms. Marks said Council was
informed that the previous Council had made a decision not to release those ballots; there
was not a discussion or decision about that. Ms. Marks said in the recent election, Aspen
lead in transparency and used the latest technology. Ms. Marks said she would like to
continue to use those tools in an independent review.
Mayor Ireland asked what public purpose is served by having an audit of an already
decided election. Ms. Marks said this is about public transpazency and process and is the
next step in allowing the public to have oversight in election matters. Ms. Marks said this
will allow the public to do their own tabulations and see the process. Ms Mazks said the
independent review is to make recommendations for process improvements. Mayor
Ireland said he thought Council previously decided not to release the ballots. Mayor
Ireland said releasing the ballots carries on and casts doubt upon the election result that
suggests the results needs to be re-examined. Mayor Ireland said when a person votes,
they have an expectation that it is private, that no one is going to look at their ballot.
Councilman Romero said if Council discussed disclosing all the ballots as they were
scanned, he missed that disclosure. Councilman Romero stated the public had a fair
expectation their ballot would be private. Councilman Romero said he favors the
safeguard that people's ballots will not be showed about. Councilman Romero said he
would be glad to discuss process improvements but is not in favor of running through a
Regular Meeting Aspen City Council August 10, 2009
Charter amendment that is not fully coalesced. Councilman Romero said he does not
want to breach the public faith about release of the ballots.
Councilman Torre said he has questions about releasing the ballots and whether or not
Council discussed that. Councilman Torre said he would like to look at the possibility of
a binding question on the November ballot. Councilman Skadron said he would like to
see both an advisory and a binding question side by side. Councilman Skadron said he
does not want to permit public disclosure of the ballot images. Councilman Johnson said
he would support an election; he does not support too much more backward looking.
Councilman Johnson said he is willing to talk about the method of electing city officials.
Mayor Ireland said a binding election at this time presumes continuing IRV or the way it
used to be and the electorate should have time to examine different ways of voting.
Worcester said staff can prepare an advisory question for the August 24`h agenda that
would be yes or no on IRV. A binding question has to be a charter amendment, which
would necessitate a special meeting. Council agreed to discuss ballot questions on the
August 18`h work session.
COUNCILMEMBER COMMENTS
1. Councilman Johnson stated he has to recuse himself from Lift One Lodge and
asked if that item can be moved to last on the agenda after 219 S. Third. Council agreed.
2. Mayor Ireland said when Council discussed 219 S. Third, they will need an
interpretation from staff about artificial grades and how they aze counted against FAR.
3. Councilman Romero thanked BJ Adams & Company who conducted the ls`
annual business update and the real estate economy update. Councilman Romero said the
community rallied lazge on Ducky Derby; it was a large success; the 3 top winners were
all local.
4. Councilman Skadron thanked the Rotary for putting on the Ducky Derby; it was a
tremendous event.
Councilman Skadron thanked city staff for a great triathlon.
6. Councilman Torre noted Jessica Phillips, Aspen native, is the national time trial
leader and will be riding in the competition in Europe. Councilman Tone congratulated
Lance Armstrong who won Blast the Mass mountain bike race.
7. Councilman Torre said the Elk's tennis toumament last weekend had 82 kids
participating and it was a wonderful event. Councilman Torre thanked the rec
department for the softball tournament. The recreation deparhnent employees are
dedicated to their jobs.
Regular Meeting Aspen City Council August 10, 2009
8. Councilman Torre brought up "A communique to the Aspen City Council" from
Jim Mazkalunas which is helpful and broken down by issue. Mazkalunas also thanked
the streets, water and electric department.
9. Councilman Tone said he would like Council to discuss a sidewalk sale for the
end of summer, like a coordinated time of outdoor sales, and head off potential abuses of
the city's outdoor vending rules.
10. Mayor Ireland reminded everyone Aspen ARE day is August 22"d where the
community celebrates resource efficiency and the environment. The Governor will be a
speaker. August 22nd is also Ride for the Cure which is a fun 100 mile ride, or partial
rides. Mayor Ireland noted the women's winner of Blast the Mass was also a local.
CONSENT CALENDAR
Councilman Romero moved to approve the consent agenda; seconded by Councilman
Johnson.
• Resolution #53, 2009 -MEAN Appointments
• Resolution #54, 2009 -Calling Special Election
• Resolution #55, 2009 -Contract -Rocky Mountain Recreation for Harmony Park
Playground
• Resolution #56, 2009 - GOCO Grant Agreement
• Resolution #57, 2009 -Contract - RA Nelson -Cozy Point Cabin Renovations
• Minutes -July 27, August 3, 4, 2009
All in favor, motion carried.
ORDINANCE #19, SERIES OF 2009 -Aspen Local Marketing District
Mayor Ireland said the critical issues are how to resolve the need for the directors to live
within the district. Mayor Ireland said one alternative is to get names of residents of the
district to be the directors or Council could name itself as the governing board and
appoint a board or extend the district to the entire city. Debbie Braun, ACRA, said they
are not opposed to having Council be the district board and having an advisory boazd.
Ms. Braun noted on the existing tax, the city contracts with ACRA. Warren Klug told
Council they can have the issue of the board of directors finalized by the next public
hearing, August 24`h.
Klug said there is a desire to form a marketing district based on the importance of
marketing, which makes things happen. Klug said Aspen needs the added resources to
encourage business in Aspen. Klug noted competition for market share in mountain
Regular Meeting Aspen Citv Council August 10, 2009
communities is stiff. For Aspen to remain competitive, effective marketing is essential.
Klug said this marketing district is a way to enhance the existing resources. Klug said the
proposal is to increase room tax 1% and to provide $1 million additional marketing
support. Klug said there are many organizations supporting this mazketing district. State
statutes provide for formation of local mazketing districts and this district follows the
statute. Klug noted that year-to-date sales tax for retail is down 19% and lodging is down
26%. Klug said Aspen's marketing budget is one of the lowest of comparable
communities; the tax rates are one of the lowest. Klug said the operating plan and budget
is included in Council's packet. Klug told Council final plan approval is required by
September 30`" and they will be ready.
Klug said the ACRA is concerned with strengthening the economic health of Aspen and
increasing the marketing reach. They would like gain market shaze; a healthy business
community is the goal.
Mayor Ireland said Council discussed that the powers of the marketing district should
include funding special events. Klug said the statute provides for that. Councilman
Skadron asked what this district's relationship will be with Snowmass. Klug said legally
these are two separate entities; however, the two communities work together. Ms. Braun
said the brand Aspen/Snowmass allows triple distribution and it is beneficial to Aspen to
continue to brand together with Snowmass, when appropriate. Klug said studies done by
the Skiing Company show Aspen/Snowmass brand was stronger than either by itself.
Councilman Skadron asked from where will Aspen "gain market share". Ms. Braun said
they hope to gain market share from front range communities, from visitors to other
mountain communities and to reach people who have never been here before. Klug said
the goal of this plan is to have "Aspen" come to the top of the list when people look at
options for their vacation. Councilman Skadron said Aspen has a definite niche and are
these dollars being used to capture more of that sector. Ms. Braun said the niche could be
"affordable Aspen" or "green Aspen", "high end Aspen". Ms. Braun said she feels it is
short sighted to determine exactly what market share is going to be targeted. Ms. Braun
said the operating plan will be collaborative and thoughtful and community based.
Councilman Skadron said he is considering return on investment and the impact of this
on the broader community. Ms. Braun said this is a way of funding marketing without
asking for support from the city's general fund. Councilman Skadron asked how the
success of the program will be measured. Julia Thiesen, AC12A, told Council they plan
on looking at new customers and broadening the message and tracking the promotions.
Ms. Braun said the metrics should be agreed on up front, like occupancy, increased
bookings, increased sales tax revenues, web hits, and more special events.
Councilman Torre asked about the budget line item for management of $50,000. Klug
said this is for oversight of spending money; it is a public district and there is accounting
that has to be done. Klug said this will probably not cost $50,000. Klug said one plus is
that there is already a marketing director and staff through the ACRA and the overhead
will be smaller because of that current staff. Councilman Torre asked how winter
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Reeular Meeting Aspen City Couucil August 10, 2009
mazketing is broken out separately. Ms. Braun said that is not ski mazketing, which is
taken care of by the Ski Company. This would cover other events, arts and cultural and
special events and interest people in coming to Aspen in the winter for reasons other than
skiing.
Mayor Ireland opened the public hearing.
Norma Dolle, Snow Queen Lodge, told Council this is poor timing. The economy is very
bad and this is the first season she has ever had people asking what the tax is. This will
add cost and it will not bring a lot of guests to town. Ms. Dolle asked why the vote is
limited to people in the downtown only. Ms. Braun told Council the Aspen Lodging
Association wanted a mechanism to formalize a 1% increase in tax. State law allows for
that mechanism for a local mazketing district.
Rick Berkley, Aspen Skiing Company, told Council he supports Ordinance #19. The
purpose of the local marketing district is to enhance the health and vitality of locals and
hotels. There is a direct correlation between the health of lodging and the health of ski
mountain operations. Kenny Smith, Meridian Jewelers, and on behalf of the retail
association, stated they strongly endorse the marketing district; it will help the overall
vitality of Aspen. This will bring more people to town in all seasons.
Cristal Logan, ACRA Boazd and Aspen Institute, stated she supports the formation of this
district. Ms. Logan said Aspen is moving toward a more competitive environment and it
will take more work to attract visitors. This is a good solution to raise money in order to
be competitive. Ms. Logan said it would be more practical to change the 5 year sunset
clause to something longer. Bill Tomcich, Stay Aspen Snowmass, told Council he
participated in passing the bed tax in 2000. Tomcich agreed this is a very difficult year
for lodges and retail. There is a lot of price competition in lodges. Tomcich pointed out
there are a lot of great selling points for this resort. Tomcich said Aspen is least
expensive on lodging tax rate; he supports this district.
Jeannette Darnauer, ACRA Board, said many different groups support this tax; the lodges
know their guests and know this won't affect their guests. Ms. Darnauer said she feels
this will have a positive impact on the entire community and urged Council to support
this. Helen Klanderud, ACRA Boazd, when the 2000 tax was proposed, it met a lot of
resistance, especially from the lodging sector. Ms. Klanderud pointed out this proposal
has the support of the lodging community; it is their guests and their sales that pay this
tax. Ms. Klanderud said people in this community have lost their jobs and the
community needs visitors to have a healthy resort economy. Ms. Klanderud noted the
non-profit sector is something that makes this community special along with winter and
summer sports and these sectors aze being affected by the economic downtown. Aspen
has so much to offer and we need to get the message out there and to keep the economy
strong.
John Cochran, Aspen Alps, said this is an effort to try and find a way to get marketing
money to reach more customers. Cochran urged support of this district. Tim Clark, Frias
Re¢ular Meetine Aspen City Council August 10, 2009
Properties, said he favors this ordinance as a means to broaden the marketing base for the
spring and fall seasons. Clark said both rates and length of stay have dropped. This fund
will be an opportunity to enhance mazketing and to expand seasons. Dale Paas,
Limelight, said now is the time for increased mazketing in order to be competitive. Paas
said he would like this tax longer than 5 years. Joan Valentine told Council she sees this
initiative as a way for the community to sell Aspen and a way to continue to tell people
how great Aspen is. Donnie Lee, Gant, stated he supports this ordinance as there has
never been a stronger need to get the message about Aspen out. Jessie Dionne stated she
lives and works within the district and is in have of increasing marketing dollars to get
people to Aspen. City Clerk Kathryn Koch submitted 3 e-mails to the record, all in favor
of this local marketing district.
Mayor Ireland said the two outstanding issues are the length of the sunset and whether
this should be acity-wide or district wide vote. Jim True, special counsel, reminded
Council the state statute requires two public hearings; the second public hearing is
scheduled for August 24`h. Councilman Torre said the issue of the size of the voting
district and the sunset clause are related. Councilman Torre stated special districts are
often set up just to cover the district. Councilman Torre said this is a pilot program, a
trial and he supports the limited district and the 5 year sunset.
Councilman Johnson said he support 5 year sunset because this is a local district.
Councilman Johnson said he supports a local vote because it has been done, the state
statutes allow it and there is a groundswell of support from local businesses. Councilman
Johnson said a caution is that money is spent to support the administration of the district
rather than on the intention.
Councilman Romero supports the district and supports 5 year sunset because this is a
trial. Councilman Romero noted the district budget and service plan will have to be
ratified annually. This annual review will give Council information to help achieve the
goals as stated by the district. Councilman Skadron stated he supports the district and the
5 year sunset and wants a community wide vote on the district as an additional tax could
impact the community in a negative way.
Councihnan Skadron moved to amend the ordinance to have acity-wide vote on the
district; seconded by Mayor Ireland.
Mayor Ireland supports acity-wide vote; it would solve the problem of district
representatives and it is a great opportunity to have a community discussion about the
redirection of the resort to resort business rather than construction and real estate. This
would be about attracting people from a broader cross section and to have a less
extravagant agenda and a more sustainable economy.
Councilman Skadron and Mayor Ireland in favor; Councilmembers Johnson, Romero and
Torre opposed. Motion NOT carried.
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Regular Meeting Aspen City Couucil August 10, 2009
Councilman Romero moved to continue Ordinance #19, Series of 2009 and the public
hearing to August 24`h; seconded by Councilman Johnson.
Councilman Johnson said he would like to know from staff if this passes, is there a way
to have some money to start marketing now. True said the district can only be organized
after the November election. There may be a creative way to fund marketing after that
election.
All in favor, motion carved.
RESOLUTION #58, SERIES OF 2009 -Boomerang Extension of Vested Rights
Mayor Ireland opened the public hearing.
Chris Bendon, community development department, said this request is an extension of
vested rights for the Boomerang Lodge at Hopkins and Fourth. An application was
approved several yeazs ago for an increase in 13 lodge units, the addition of 5 free market
and 2 affordable housing units for a total of 471odge units, 5 free market and 2 affordable
housing units. This project is 45,000 square feet and half a block of development.
Bendon noted this project was reviewed by HPC, P&Z and Council and engendered a lot
of discussion about height and mass. Council approved this with a requirement to
preserve the east wing, the original entrance to the Boomerang Lodge, which piece is still
standing and which has been historically designated.
Bendon noted staff feels this is a good project. The applicant has been diligent in
pursuing approvals, followed up with historic designation, filed all plats and agreements,
applied for a building permit, has been responsive to neighbor and city's concerns.
Bendon pointed out the applicant has filled in the excavation hole and has made sure the
site is secure. Bendon said this went through a planned unit development process. One
would expect a similar result if the project were to go through the process today. Bendon
said the applicants are requesting 5 yeaz vested rights; the development rights expire this
fall. Staff recommends extension of the vested rights for 3 years.
Councilman Skadron asked why staff is recommending 3 years when the applicant is
asking for 5 years. Bendon answered staff is more comfortable with the state statute time
of 3 years, which would provide a reasonable amount of time for a developer to respond
to their needs and which does not send the project too far in the future. Councilman
Johnson brought up the condition that the historic preservation staff be allowed on site
and is that adequate for staff's needs. Bendon said staff wants to be able to access the
property and make sure the structure is not deteriorating and this condition will allow
that.
Sunny Vann, representing the applicant, reiterated that this applicant has been diligently
pursuing construction and has expended funds, received financing. The applicant
received and then lost their financing and has requested a 5 year extension to secure that
financing. Vann stated the intent is to complete the project as soon as financing is
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Reeular Meeting Aspeu City Couucil August 10, 2009
available. The original group is still behind the project. Vann said there are community
benefits in the project; this is one of few lodges to request redevelopment and to address
the concerns of smaller lodge rooms.
Councilman Romero asked if the applicant has the final building permit. Steve Stunda,
applicant, told Council the permit is ready to be picked up. Councilman Romero asked
when the first building permit was filed and deemed complete. Stunda said it was April
2006 and in May 2007, they were issued the demolition permit. The applicants acted on
the demolition permit; the excavation permit was not issued until November and as a
result of a lag time in receiving the permit, the financing went away. Bendon reminded
Council staff was overwhelmed at that time and had not hired additional staff to address
the work volume.
Toni Kronberg supports the request fora 5 year extension. Ms. Kronberg noted the
Boomerang is not standing and the applicant does not have a revenue stream from the
lodge. Ms. Kronberg pointed out the applicant waited for over one year to receive their
permit. Paul Young, 413 West Hopkins, supports a 5 year extension. Young told
Council he understand the circumstances of this application, which is why he supports it.
Junee Kirk supports a 3 year vested rights extension.
Mayor Ireland closed the public hearing.
Councilman Skadron asked what happens if vested rights are not extended. Vann said he
does not know if the application can be amended or not. The worst case would be to start
all over. Vann said vested rights is key to securing financing. Stunda told Council when
he obtained his demolition permit, he was assured that would be followed with the next
series of permits and he did not receive that permit until November.
Councilman Torre moved to approve Resolution #58, Series of 2009, giving 3 years of
vested rights; seconded by Councilman Johnson.
Councilman Johnson noted Council should have a work session and discuss the pacing of
construction. Mayor Ireland suggested waiting until the AACP is complete to see what
comes out of the plan regarding pacing. Mayor Ireland stated it is not appropriate to
review the entire application again.
All in favor, motion carried.
ORDINANCE #13 SERIES OF 2009 - 219 S. Third Historic Lot Split Reconsideration
Mayor Ireland noted he requested an interpretation of the code regarding slopes from the
city attorney. Mayor Ireland said there is an assertion that the applicant is entitled to
more FAR because there are steep slopes caused by the berm as opposed to nature. John
Worcester, city attorney, told Council staff is not prepared for a code interpretation but is
prepared to answer how this came up at the last minute and how the applicant arrived at
the conclusion that slope reduction would not apply.
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Regular Meeting Asaen Citv Council August 10, 2009
Mayor Ireland noted staff's opinion is that additional square footage is warranted but
Council does not have to grant additional squaze feet because the construction of the
berm is not counted against FAR. Mayor Ireland said he wants to know if this is the
correct legal interpretation. Councilman Skadron asked if the question is whether the
man made slope is exempt from the deduction of squaze feet in the calculation of floor
area.
Jody Edwards, representing the neighbors, told Council he filed a formal request for a
code interpretation on this issue. Edwazds noted there is a process for receiving a written
interpretation and there is an appeal process. Mayor Ireland said Council maybe
rendering the request for interpretation moot if they act on the staff memo interpretation.
Mayor Ireland moved to go into executive session at 8:08 p.m. pursuant to C.R.S. 24-6-
402(4)(b) conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions; seconded by Councilman Torre. All in
favor, motion carried. All Council, John Worcester, Jim True, Amy Guthrie, Chris
Bendon and Reed Patterson were also present.
Mayor Ireland moved to adjourn the executive session at 8:30 p.m.; seconded by
Councilman Johnson. All in Favor, motion carried.
Mayor Ireland noted staff's recommendation is to accept the offer of the applicant.
Suzanne Foster, applicant, told Council when requesting a reconsideration of this issue,
the applicant was not aware the property had additional FAR of 524 square feet, which
was discovered as both parties continued digging for information, doing different
calculations to determine the FAR. Ms. Foster said HPC supported the 291 square foot
bonus before the additional FAR was discovered. Ms. Foster noted HPC supported the
extra 250 squaze foot bonus even with the extra FAR the property had. Ms. Foster said
they aze not asking for that and are asking Council to approve the incentive approved in
June with an amendment allowing the maximum FAR for the duplex and the final
allocation to be filed with the plat.
Ms. Foster said the most critical incentive is the 8'6" front yard setback which requires a
variance. This setback is in keeping with the residential design standards in that it aligns
the buildings on site. Ms. Foster noted a teaz down would re-orient the front of the house
to Third street and would only require a 10' setback. Ms. Foster reminded Council a
duplex and a single family carnage house can be built on this property by right.
Councilman Torre asked if the models being used for demonstration are to scale. Ms.
Foster told Council these models are 1/16" = 1 foot and were done by her architect.
Ms. Foster told Council HPC has supported preservation of this modern style chalet
building. Ms. Foster showed the old railroad easement; when prior owners deeded some
property to the city, they received deeded rights to landscape the azea. The owners have
done some work and plan to make a better screening on the property. Ms. Foster told
Council she feels this plan of maintaining the duplex at 18' with one additional single
11
Reeular Meetine Aspen City Council August 10, 2009
family home is better than the full allowable development of a new duplex. Anew
duplex would be 8300 squaze feet of living space and 1200 squaze feet of affordable
housing carriage house. Ms. Foster gave out information comparing the total density and
what could happen if this structure is town down. Ms. Foster passed out pictures of the
view to the south. Ms. Foster reviewed the numbers between a preservation project and
demolition. The proposed preservation project is about 7,004 squaze feet of heated living
space; demolishing and rebuilding would yield 8346 squaze feet. Councilman Skadron
asked for the definition of heated living space. Amy Guthrie, community development
department, said it is gross square feet. There is a chart in the packet using information
from the assessor giving a sense of the overall neighborhood. Ms. Foster said one uses
"heated living space" when selling a property, nor FAR. Adding the carriage house to
the rebuilt scenario totals 9500 square feet of heated living space. Ms. Foster said
maintaining two single family houses is less dense and is more in keeping with the
neighborhood.
Mayor Ireland opened the public hearing.
Jody Edwards, representing the neighbors, brought up definition of lot azea and
calculation of floor area. Edwazds said staff determined to include all steep slopes in the
lot area for purposes of calculating floor area. Edwards reiterated he has requested a code
interpretation pursuant to Section 26.306.010. Edwards asserted Council should not
make a decision on Ordinance #13 before staff issues a code interpretation and there is an
appeal process, if necessary. Edwards noted Ordinance #13 contains a presumption of
that interpretation. Edwards stated the code is clear on the definition of lot azea; there is
no ambiguity. The code states "When calculating floor area ratio, lot areas shall include
only areas with a slope of less than 20%. In addition, half of lot areas with a slope of 20
to 30% may be counted towazd floor area ratio; areas with slopes of greater than 30%
shall be excluded." Edward told Council these aze slopes in excess of 30% and shall be
excluded according to the code.
Edwards stated the size by right as presented by the applicant was found by the Council
to be too big at their last meeting. Council was asked to grant 493 squaze feet bonus and
Council stated it was too much for the property. If this is a negotiation, something else
should be taken off the table if Council is accepting the size by right.
Edwards said Ordinance #48 is a process stating one can negotiate. Ordinance #48 does
not grant any powers to amend, ignore or modify other code provisions. Edwards pointed
out the applicant is asking for variances which the Council does not have authority to
grant. The applicant has requested a historic lot split of this property to create two
separate lots, which is allowed under 26.480.030(a)(4), which section contains standards
and requirements. Subsection 4(c) provides in the context of a lot split, the variances
provided in 26.415.120(b)(1 a, b, and c) are only permitted on the parcels that will
contain the historic structure. Edwards said the setback variances can only be granted on
the lot with the historic structure.
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Regular Meeting Aspen Citv Counci- August 10, 2009
Edwards said the variances in this application aze proposed on the other lot so there is
only one way to do that under the code, which is to go to the Board of Adjustment.
Edwards noted one of the standazds for the Boazd of Adjustment is that the requested
variance is the minimum variance necessary to make reasonable use of the property.
Junee Kirk said she thought FAR was measured from an existing grade, not a historic
grade. Ms. Kirk said this application should not be allowed a lot split and the requested
variances. The historic task force had a straw vote and did not make a decision on
whether modern chalets should be preserved. Ms. Kirk said this should be sent back to
HPC as they have design guidelines review. The addition has a height of 25' which is out
of context with the structure that is trying to be preserved. The additions should all have
the same 3/12 pitch roofs. Ms. Kirk said this should conform to context.
Dan McCarty, 3`d and Hopkins, said he thought this process was starting over. McCarty
said at one community meeting, there was a question about preserving post WWII
structures and only 19% of the people voted in favor of that sentence and only 36% voted
to preserve the most "superb" examples. McCarty stated there is little community
support for the project and no neighborhood support for the project.
Jake Vickery, representing the Youngs, handed out a spread sheet comparing the original
application of this project, first reviewed in January, the offer of June 8`h and this request.
Vickery pointed out the applicant is requesting approval of incentives equaling 1,424
FAR squaze feet more than the original application. Vickery presented an elevation
showing the size and mass of the proposal, the building envelope compared to the duplex
structure. Vickery quoted from a staff e-mail which states, "without doing test borings,
there is no way to tell to what extent the slope may or may not be man made.
Vickery said the threshold issue is designation of the chalet building. Vickery told
Council this building is a common building. Vickery said the threads in the history of
Aspen are mining, skiing and European ihfluences, and the modern era. Vickery said one
should look for connections to one of those threads. Vickery showed pictures of good
examples and how this structure would compare to those and rated them for possible
historic designation. Vickery told Council he presented this to HPC. Vickery said one
needs to figure out the value of the historic program compared to the value of use by
right. Vickery noted he has issues with the numbers developed for the use by right. The
carriage house can be approved administratively but if anyone objects, it has to go
through a special review process; one criterion for approval is that it has to be compatible
with the neighborhood. Vickery said the carriage house program is onerous from the
standpoint of impacts. On this particular lot, one could add 50% more square feet with a
carriage house.
Jay Maytin, HPC member, told Council there has been no application before HPC for lot
2 and there has been no conceptual review. Maytin noted some of the evidence presented
seems contradictory. Maytin said HPC has recommended to Council that this house is
worth saving and the incentives aze worth it to save the house. Maytin said Council
should accept HPC's recommendation.
13
Regular Meeting Aspen City Council August 10, 2009
Angela Young, 413 West Hopkins, told Council her opposition to this application is
about too much density, height and mass, it is about the neighborhood, the 120 year old
Midland railroad berm, and about cutting into the berm. Ms. Young said the applicant is
now requesting more development, more FAR and multiple variances. Ms. Young
reminded Council in June they voted against an additiona1493 square feet as being too
much development. Ms. Young pointed out HPC's Mazch resolution asked Council to
not over burden the neighborhood.
Michael Behrendt told Council there is impingement on the trail, which is valuable to the
community. Behrendt asked Council they keep the use of the trail in mind. Behrendt
noted this neighborhood is being developed and requested Council look at downzoning.
Paul Young, 413 West Hopkins, questioned the lot split and incentives being offered to
this property. Young said historic designation of post WWII structures has not been
supported by the public, by the HPC task force or the neighborhood. Young said this
property is not exemplary and does not meet the threshold of standards for designation.
Young said granting a front yard setback variance as well as the increased FARs is a
damaging and negative impact for the neighbors. Young said initially HPC denied a
front yard setback and subsequently voted to recommend to Council a 16.5' front yazd
and a 5' setback variance for lot 2.
Young said this front yazd setback variance and the challenged slope reduction waiver,
which creates extra FAR is damaging and creates a lazge negative impact to the
neighborhood. Young requested Council revisit the front yard setback and look at a
compromise to provide a solution for the neighborhood as a whole. Young said if a front
yard setback is granted, only aone-story or a porch should be allowed in the front yard
setback. Young showed an illustration from the original application to outline his
suggested compromise. Moving the porch into this setback would be hidden by the berm,
would be beneficial to users of the trail and is covered by Chapter 11 of the historic
design guidelines.
Councilman Romero asked if the preference is to stay with Ordinance #48 and the
negotiations or to go back to the underlying zoning. Young said he would prefer to stay
with negotiations and no front yard setback variance. Young said the FAR needs to be
determined as there have been many different numbers presented. Young noted this is a
small lot and there is a slope on that lot. Vickery told Council he has spent a lot of time
with the neighbors trying to come up with a solution and presented a compromise to
Council and to the applicant. Ms. Foster told Council the compromise was not acceptable
to her. Amy Guthrie, community development department, entered two a-mails into the
record; one from Angela Young and one from Jake Vickery.
Mayor Ireland asked if the applicant is opposed to the opponents going through the code
interpretation process before Council makes a decision on this application. Mayor
Ireland said he would like to know if a one-story element in the front yard setback is
acceptable to the applicant and is there the possibility of meeting with the neighbors to
see if a compromise can be figured out. Ms. Young noted it was determined by the city's
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Regular Meeting Aspen City Council August 10, 2009
special counsel at a June 8`h meeting that Council has the ability to make these approvals
under Ordinance #48. Ms. Young said she feels the FAR calculations by the city
engineer are correct. Ms. Young pointed out HPC and staff has supported an FAR bonus
even after the discovery of additional allowable FAR.. Ms. Young requested Council
support the requested FAR whether through a bonus allotment or from slope reduction.
Councilman Skadron asked for the impact on the trail from the development proposals.
Bendon noted there is a site map showing the existing house, the rail bed and the bike
trail drawn in. Bendon said the existing house is about 50' from the bike trail. Bendon
said any development will affect the bike path aesthetically but the path will not have to
be relocated.
Councilman Skadron said in applications, he turns to citizen committees and the minutes
to help in decision making. Councilman Skadron said HPC seemed to both support and
dissent the incentives. Councilman Skadron noted the historic lot split guidelines state
that the resulting structure be "similaz or subordinate in mass and scale" and "that it be
compatible with the historic resources". Councilman Skadron said it seems that the
historic resource is one or one and a half stories and the resulting structure will have 2 or
3 stories. The historic resource is about 18' tall and the resulting structure will be 25'.
Councilman Skadron said he feels the resulting building could be better. Councilman
Skadron stated he does not support the requested floor area; the property is over burdened
as presented and the lot is too small for the proposed square footage. Councilman
Skadron said the required front yard setback should not be varied. Councilman Skadron
said if approved, the community would be giving away too much to preserve a resource
that may or may not be historic.
Councilman Johnson stated his concern is the cart before the horse issue in the
community. Councilman Johnson said he is also concerned that neighbors cannot get
along and cannot figure out a compromise. Councilman Johnson said he feels Ordinance
#48 is fueling that and it is not healthy for the community. Councilman Johnson said the
value of modern chalet has not been determined and the city does not have
recommendations on that. Councilman Johnson said he struggles with preserving this
type of structure and does agree there is a place for historic preservation in Aspen.
Councilman Johnson stated he does not support this application.
Councilman Torre agreed the trade offs would minimize the historic resource.
Councilman Torre said a height restriction would be applicable and a front yard setback
variance is inappropriate. Councilman Torre said having the two structures aligned
lessens the historic resource and the ability to showcase that resource. Councilman Torre
stated he is supportive of Ordinance #48 and of historic preservation, the HPC and the
task force. Councilman Torre said a stumbling block in this application is the shape of
the property and it makes it difficult to reach a compromise.
Councilman Romero said there is a composition of trade offs, HPC versus growth, some
affordable housing. Councilman Romero suggested this item be continued as this
negotiation seems not to be finally complete. Councilman Romero said he feels there is
15
Re¢ular Meeting Aspen City Council August 10, 2009
an opportunity to work out a solution with staff and with the neighbors after hearing what
Council has to say.
Mayor Ireland said both the applicant and the neighbors have been diligent in pursuing
their ends. Mayor Ireland stated it seems there is a belief if this application is denied,
nothing will be built on this lot. Mayor Ireland said the neighbors would maximize their
control over what happens on this lot by working with the applicant. Mayor Ireland
noted Council approved an ordinance June 8`h, by which he stands. Mayor Ireland said
this is a modification of the prior approval, which he does not standby. Mayor Ireland
agreed Ordinance #48 needs standards and a point system to determine how many
benefits an applicant would be eligible for. Mayor Ireland agreed the appeal on the
interpretation ought to proceed before Council makes a decision that is predicated on that
interpretation. Mayor Ireland said Council ought to know whether man made slopes do
not count against FAR; has the city been doing that and under what circumstances. Ms.
Foster stated she is willing to continue this as she would like a definitive answer on the
FAR. Mayor Ireland said he would like resolution that the setback variance is only
allowable on the historic resource. Jim True, special counsel, reminded Council on June
8`h there was an approval and the applicant was given 30 days to decide whether to accept
that. At the next meeting, there was a motion to reconsider and the approval is not
available to the applicant.
Councilman Torre moved to continue Ordinance #13, Series of 2009, to September 14;
seconded by Mayor Ireland. All in favor, motion carried.
RESOLUTION #52, SERIES OF 2009 -Lift One Lodge Conceptual PUD
Councilman Johnson left due to a conflict of interest. Mayor Ireland moved to continue
to Resolution #52, Series of 2009, to August 11, 2009 at 5:15; seconded by Councilman
Torre. All in favor with the exception of Councilman Skadron, motion carried.
Council left chambers at 10:30 p.m.
Ka '. Koch, City Clerk
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