HomeMy WebLinkAboutminutes.council.20100111Regular Meeting Aspen City Council January 11, 2010
PROCLAMATION -Radon Awareness Month .............................................................. .. 2
CITIZEN PARTICII'ATION ............................................................................................ .. 2
COUNCILMEMBER COMMENT .................................................................................. .. 2
CONSENT CALENDAR ................................................................................................. .. 3
• Resolution #1, 2010 -Designating Public Posting Location ............................... .. 3
• Resolution #3, 2010 - % Cent Transit Sales & Use Tax Budget .......................... .. 3
• Resolution #4, 2010 -Contract New Water Plant Entryway ............................... .. 3
• Minutes -October 27, December 7, 2009 ............................................................ .. 3
ORDINANCE #1, 2010 - Lease/Purchase Agreement .................................................... .. 3
ORDINANCE #2, 2010 -Aspen Club SPA/PUD ............................................................ .. 4
ORDINANCE #3, 2010 -Wheeler Reserve Fund ........................................................... .. 5
ORDINANCE #4, 2010 -Code Amendment -Development Orders ............................. .. 6
ORDINANCE #27, SERIES OF 2009 -Fees for 2010 .................................................... .. 6
ORDINANCE #30, SERIES OF 2009 -Franchise Agreement Comcast ........................ .. 7
RESOLUTION #5, SERIES OF 2010 - 2009 GMQS Allotment Rollover ..................... .. 7
ORDINANCE #28, SERIES OF 2009 -Bidwell/Mountain Plaza Subdivision .............. .. 7
RESOLUTION #6, SERIES OF 2010 -Code Interpretation Appeal Permitted uses in
S/C/I zone .......................................................................................................................... 16
Regular Meetin¢ Aspen City Council January 11, 2010
ANNUAL PUBLIC FACILITIES MEETING
Kathryn Koch called the annual public facilities meeting to order at 5:03 p.m. with
members Taylor, h•eland, Torre, Johnson and Romero present.
Ms. Koch explained the by-laws require an annual meeting the second Tuesday of
January. The only business before the board is approval of the 2009 minutes and election
of a Vice President to replace Jack Johnson.
Romero moved to approve the minutes of January 12, 2009; seconded by Taylor. All in
favor, motion carried.
Ireland moved to nominate Derek Johnson as treasurer of the Public Facilities; seconded
by Romero. All in favor, motion carried.
Taylor reported the bonds for the parking garage were paid off in 2009. The remaining
item is certificate of participation for the Isis theatre.
Ms. Koch moved to adjourn at 5:06 p.m.; seconded by Johnson. All in favor, motion
carried.
COUNCIL MEETING
Mayor Ireland called the meeting the meeting to order at 5:06 p.m. with Councilmembers
Skadron, Romero, Johnson, and Torre present.
PROCLAMATION -Radon Awareness Month
Mayor Ireland and Council proclaimed Januazy 2010 as radon awareness month and
encouraged al] citizens to test their homes. Jannette Whitcomb, environmental health
department, stated their department received a grant for 500 radon test kits which are
available to citizens of Aspen in their offices free of charge.
CITIZEN PARTICIPATION
1. David Guthrie and Jackie Kasabach, Aspen Hall of Fame, invited all city Council
to attend the annual banquet January 23`a at 6 p.m. at the Hote] Jerome. Dwight
Shellman, Carl and Katie Bergman aze being inducted into the Aspen Hall of Fame.
COUNCILMEMBER COMMENT
1. Mayor Ireland welcomed everyone back after a month off and said he hoped all
had a great holiday season.
2. Councilman Torre reported he attended the Ruedi Water and Power Authority
meeting last week where they met with the Bureau of Reclamation. Councilman Torre
R~ular Meetine Aspen City Council January 11, 2010
stated the members were hoping to talk about invasive species and their effects on Ruedi
from pine beetles; however, the topic of the entire meeting was water flows from Ruedi.
3. Councilman Romero noted the fire protection district adopted their budget and a
lowered the mill levy temporarily so that there will be no windfall revenues from a higher
property valuation. Councilman Romero said the new fire station is weeks away from
being substantially complete.
CONSENT CALENDAR
Councilman Romero moved to approve the consent calendar; seconded by Councilman
Johnson. The consent calendar is:
• Resolution #1, 2010 -Designating Public Posting Location
• Resolution #3, 2010 - %z Cent Transit Sales & Use Tax Budget
• Resolution #4, 2010 -Contract New Water Plant Entryway
• Minutes -October 27, December 7, 2009
All in favor, motion carried.
Councilman Skadron asked why the 2009 budget is being revised now and why the
budget process resulted in 2010 expenditures approximately 25% less than revenues on
2009 expenditures that were in excess of revenues. Councilman Skadron asked why only
Aspen, Pitkin County and Snowmass elected officials belong to EOTC. John Krueger,
transportation director, said the EOTC is made up of officials where the 1% transit tax is
collected. Krueger said the expenditures are less in 2010 because the bus lanes at
$900,000 are completed. The no fare bus from Snowmass to Aspen was approved last in
2009 and added to the budget at the end of the year.
ORDINANCE #1, 2010 - Lease/Purchase Agreement
Councilman Torre moved to read Ordinance #1, Series of 2010; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE NO. 1 (SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO
AUTHORIZING AND APPROVING A LEASE PURCHASE
AGREEMENT, AND OTHER DOCUMENTATION RELATING TO
SUCH LEASE PURCHASE AGREEMENT.
Councilman Romero moved to adopt Ordinance #1, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes;
Romero, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
Reeular Meetine Aspen City Council January 11, 2010
ORDINANCE #2, 2010 -Aspen Club SPA/PUD
Councilman Torre recused himself as he is employed at the Aspen Club.
Councilman Romero moved to read Ordinance #2, Series of 2010; seconded by Mayor
Ireland. All in favor, motion carried.
ORDINANCE N0. 2,
(SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING FINAL
SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT
(PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH MANAGEMENT REVIEW,
REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB-GRADE
PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE,
AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED
AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN
COUNTY,COLORADO.
Mayor Ireland noted a letter in the packet from Art Daily explaining the on-going
operation of the Aspen Club will be integral to the marketing and operation of the Aspen
Club Living condominiums. Mayor Ireland noted Council asked for assurance the club
will continue if this application is approved. Mayor Ireland said he needs to know how
the club will continue, as a practical matter and whether it is true the owners will have the
ability to terminate the Club. Mayor Ireland stated he would to know why that assurance
is not contained in the ordinance. Mayor Ireland said Council will want to know how
compliance with the previous amendment to the club has been met, like parking and
traffic, and how conditions and limitations will work for this application.
Councilman Romero noted there have been discussions about the scale and mass and a
discussion at P&Z about units 5 & 6 and whether to eliminate or relocate these units.
Councilman Romero said for second reading he would like more depth and visuals about
relocating those units. Councilman Skadron said this issue was deliberated in great depth
by P&Z, which background has been helpful. Councilman Skadron asked why the scale
and mass issue was more important to staff than to P&Z. Councilman Skadron said he
also needs to know about permanence of the public benefit, which is key to his support of
this application. Councilman Skadron said P&Z talked about how funding further
improvements would be done without selling off any land. Councilman Skadron asked if
raising HOA dues to pay for these improvements is a Council issue or not.
Councilman Johnson said the club remaining and public benefits are important issue for
him. The transportation is a big issue. Councilman Johnson said he would like to know
more about the variances requested. Councilman Romero noted the request is fora 7
year vesting and he would like evidence to support this request at second reading. Mayor
Ireland said previous minutes on this application discuss the important of hot beds and he
would like evidence that this will serve the short term market.
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Regular Meeting Aspen Citv Council January 11, 2010
Councilman Romero moved to adopt Ordinance #2, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes;
Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #3, 2010 -Wheeler Reserve Fund
Gram Slaton, Wheeler Opera House, told Council this ordinance is a correction of an
ordinance passed in 2002. That ordinance was not consistent with what the Board of
Directors requested, to have a vehicle for money to in and out of a fund. Slaton said the
way the current ordinance is written is that money goes into the account and any earnings
stay in that account. There is no method to spend the interest for any future projects.
Councilman Romero asked if this is modifying something the electorate voted on. John
Worcester, city attorney, told Council this amends the ordinance that set up the
endowment fund. The purpose of this ordinance is to redefine how to use the money in
the endowment fund. Councilman Romero asked if this step was to be taken regardless
of the expansion. Slaton said he identified this problem several years ago and it needs to
be corrected regardless. Councilman Skadron asked what purposes the ordinance will
allow moneys to be used for that they cannot currently be used for. Slaton said right now
the money cannot be used for anything.
Councilman Johnson requested a comparison of the existing ordinance with this proposal.
Councilman Skadron asked the purpose of the original endowment. Worcester noted
money was accumulating and Council wanted funds so that the RETT could expire in the
future.
Councilman Romero moved to read Ordinance #3, Series of 2010; seconded by
Councilman Torre. All in favor, motion carried.
ORDINANCE NO. 3
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
CLARIFYING THE WHEELER OPERA HOUSE ENDOWMENT FUND AS A
RESERVE LINE ITEM WITHIN THE WHEELER OPERA HOUSE FUND, DERIVED
FROM ANNUAL WHEELER OPERA HOUSE OVERAGES FROM THE WHEELER
REAL ESTATE TRANSFER TAX (WRETT), AND REDEFINING INVESTMENT
AND EXPENDITURE PARAMETERS FOR SAID FUND.
Councilman Romero said he is concerned about the finite limit of $100,000/yeaz to
support the visual and performing arts and that there is no escalator or cost of living
increase in that number.
Councilman Torre moved to adopt Ordinance #3, Series of 2010 on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Torre,
yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried.
Regular Meeting Aspen City Council January 11, 2010
ORDINANCE #4, 2010 -Code Amendment -Development Orders
Mayor Ireland moved to read ordinance #4, Series of 2010; seconded by Councilman
Torre. All in favor, motion carried.
ORDINANCE NO.4
(SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE
FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE: SECTION
26.304.070.D - EXPII2ATION OF DEVELOPMENT ORDER AND SECTION
26.304.075 -BUILDING PERMIT
Chris Bendon, community development department, said this amendment to the land use
code is proposed by staff in order to clean up language for process and expiration of
building permits. Bendon told Council the current code allow an applicant with approval
to obtain a building permit within the allowable vested rights period. Staff would like to
change that to read the requirement is to submit a complete application; it is appropriate
that the requirement be within the control of the applicant.
Councilman Romero moved to adopt Ordinance #4, Series of 2010, on first reading;
seconded by Councilman Torre.
Councilman Johnson asked if this will create any hardships for the applicant. Bendon
answered this will give them a more flexible time frame. Councilman Romero asked
how long it takes staff to determine when a building permit is complete. Bendon said this
occurs at the meeting with the applicant. Mayor Ireland asked if the ordinance should
state that the application be deemed complete. Bendon pointed out this is under the
building section. Mayor Ireland requested the ordinance be amended to state that the
building permit application file is compliant and has been reviewed to be compliant with
conditions imposed by Council. Bendon said he would amend the ordinance for second
reading.
Roll call vote; Councilmembers Torre, yes; Johnson, yes; Skadron, yes; Romero, yes;
Mayor Ireland, yes. Motion carved.
ORDINANCE #27, SERIES OF 2009 -Fees for 2010
Mayor Ireland stated Council spent a lot of time working on keeping the fees at 2009
levels. Don Taylor, finance director, provided Council a chart showing the percentage
increase for fees that are proposed to be increased. Council told Council to increase some
of the recreation fees by 4%.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Regular Meeting Aspen City Council January 11, 2010
Taylor told Council staff recommends postponing the proposed engineering plan fees.
These should be reviewed as part of the discussion on the community development
department fees. Councilman Tone asked about rental for the ARC fees at $223/hour
and how many times a year is the entire pool facility rented out. Tim Anderson,
recreation director, said the entire facility is rented out maybe twice/year.
Councilman Romero moved to adopt Ordinance #27, Series of 2009, as amended on
second reading; seconded by Councilman Johnson. Roll call vote; Councilmembers
Romero, yes; Johnson, yes; Skadron, yes; Councilman Torre, yes; Mayor Ireland, yes.
Motion carried.
ORDINANCE #30, SERIES OF 2009 -Franchise Agreement Comcast
Don Taylor, finance director, told Council this will approve a franchise agreement
allowing Comcast to use city rights-of--way for their service delivery and in exchange the
city receives 5% of their gross sales.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Johnson moved to adopt Ordinance #30, Series of 2009, on second reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Torre, yes; Romero,
yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
RESOLUTION #5, SERIES OF 2010 - 2009 GMQS Allotment Rollover
Jessica Garrow, community development department, told Council they must vote
annually on the unused growth management allotments on whether they should expire or
be carried forward. In 2009 there are 18 free market residential units and 33,202 square
feet commercial allotment unused. Staff recommends none of the allotments be carried
forward.
Mayor Ireland moved to adopt Resolution #5, Series of 2010; seconded by Councilman
Romero.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
All in favor, motion carved.
ORDINANCE #28, SERIES OF 2009 - Bidwell/Mountain Plaza Subdivision
Sara Adams, community development department, noted this property, 434 East Cooper,
is located in the commercial core. The building is not a historic landmark. Ms. Adams
said this request is to demolish the existing building and to replace it with a mixed used
building including commercial, free market and affordable housing residences.
Regular Meetin¢ Aspen City Council January 11, 2010
Ms. Adams outlined in 2007, HPC granted approval for conceptual review of commercial
design standard review, view plane and demolition of the existing building. P&Z granted
growth management and recommended subdivision approval to Council. At Council,
concerns were raised by public and by Council regarding massing, height, and lack of
public amenity space. In 2008, the subdivision request was denied by Council. The
applicant made major design changes after that and requested Council reconsider their
vote. Council granted that reconsideration and remanded the project back to P&Z. Ms.
Adams told Council this project is under the land use code in effect March 2006 when
they first applied.
HPC has conceptually approved this redesign; P&Z has granted approvals for these
changes. Ms. Adams reminded Council there were concerns about the impact of the
height of the originally proposed building on surrounding buildings and on the pedestrian
experience. In response to that, the applicant reduced the height and pulled the building
in to minimize the visual impact. This proposal is under the allowable height limit. Ms.
Adams said in 2008 there was a concern there was a lack of western vernacular, which is
difficult to define. Ms. Adams said western vernacular is a local building form using
local materials and recognizing a building style adapted for the local environment. Ms.
Adams said one of the things that makes Aspen special is the variety of architectural
styles. The Aspen Area Community Plan comments that creativity resulting in design
solutions that are fresh and innovative is encouraged. The commercial core design
guidelines support the goal.
Ms. Adams said there was no pedestrian amenity in the 2008 proposal. Ms. Adams noted
19`h century buildings were built lot line to lot line. The land use code recognizes the
importance of pedestrian amenity space and requires a percentage of a site to have that.
434 East Cooper is required to provide 10% amenity space and they propose 12%, which
staff finds meets the standards of the land use code. Ms. Adams said staff and HPC find
the proposed building fits into the downtown historic district. This project proposes a
mix of uses on 3 different levels that supports a balanced community. Ms. Adams said
the applicants have tried to address the issues from the 2008 application and to meet the
goals of the AACP.
Chris Bendon, community development deparhnent, reiterated this building is not
historic. This question has come up since 2006 when the application first came to staff,
who encouraged the applicant to apply for a demolition permit which would bring the
issue to the fore. HPC approved the demolition request; Council then called up that
decision and initiated a historic designation application. Staff prepared the historic
designation application without the owner's consent. This went to HPC who
recommended against historic designation to Council. Council decided, in the end, the
project was not historic and denied historic designation.
Bendon pointed out this property was not identified on the Ordinance #48 list of potential
historic properties, which should provide some insight on the merits of historic
designation. Bendon told Council the land use code sets out the expectations for what is
expected of applications and subdivision is a straightforward review focusing on the
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Regular Meeting Aspen City Council January 11, 2010
ability to serve the project with infrastructure. Subdivision is not a design review or
review of the work of HPC. Bendon noted the zoning for this property and the land use
codes adopted were adopted to implement the Aspen Area Community Plan. This project
complies with zoning and codes. A recent court case regarding compliance with the
AACP suggests the city can use the AACP as a standard of review as long as provisions
of the AACP are cited that are sufficiently exact to be reasonably used as a standard of
review. Bendon pointed out the staff has listed sections of the AACP that would be
sufficiently exact to be used as a standard of review for this project.
Bendon noted that the applicants made a concerted effort to work on the issues cited by
Council at the denial of the previous project. Bendon said the applicants brought a totally
redesigned project including useful open space and ways to contribute to the downtown.
The applicants looked at creating small commercial spaces and how they might address
"western vemaculaz" azchitecture. Bendon said staff feels this application addresses
issues brought up at the last review and addresses the AACP points brought up in that
review. Bendon said the applicants worked on ways to enhance community awareness
about this project. There was an open house; they included extra information in the
public notices.
Mitch Haas, representing the applicant, told Council the applicants heard concerns from
the public and from Council at the previous public hearing. Most of these issues
concerned scale, height, mass and lack of pedestrian amenities. Retention of western
vernacular and construction management plans were also concerns. Haas said since that
hearing, the project has been redesigned to address the concerns and the suggestions.
Haas noted a comprehensive construction management plan has been added which
incorporates suggestions heard from the public. Haas stated the CMP is not a final
product.
Haas told Council this project has been reviewed by HPC under the historic preservation
design guidelines and the commercial design standards; both documents require a design
be consistent with and compatible with the surrounding historic structures and historic
district. HPC approved this project unanimously finding it consistent with the HP design
quality section of the AACP.
Haas noted this site is in the middle of town and within walking distance of most
businesses and the transportation center. The location allows it to satisfy all
transportation elements of the AACP. John Rowland, architect for the project, showed
the site, what exists on the site, the timber construction, primarily office and retail, no
residential components. There is 12,000 square feet of net leasable area and the
pedestrian amenity is 2%. There are 3 parking spaces off the alley. This building is
located in the CC, commercial zone district.
Haas said the existing buildings detracts from the historic district. This building occupies
one of the most important corners in Aspen's downtown. No streetscape is provided; the
arcades make it difficult to locate businesses; the sunken courtyard pays a part in eroding
the location. One entrance is down a stairway through the sunken courtyard; most of the
ReHUlar Meeting Aspen City Council January 11, 2010
spaces are not handicap accessible nor pedestrian friendly. Rowland told Council the
height of the existing building is 25'4". Haas pointed out across the street, the Volk
building is 3 stories; the Independence building is 3 stories and the Guido's building is 2
stories. The Aspen Block is 2 stories. Haas said when this project was submitted, the
allowable height was 42 to 46'; the height limit today is 38' and the highest point of the
proposed building is 36'7".
Haas showed a slide of the historic district highlighting the 2 and 3 story buildings in that
district. Haas said the adopted commercial design standards recognize a pattern of
development, that structures on corner lots should be the most important building in that
block. Haas said this proposed building is worthy of a centerpiece location and the
building will contribute to the uniqueness of Aspen. Haas said this building will increase
pedestrian interest and activity in the area. This building will be built to LEED silver or
higher level.
Rowland stated one of the project goals is to adhere to the Aspen Area Community Plan
and create a mixed use building to increase diversity. Rowland said during construction,
pedestrian access will be maintained along the existing sidewalks. Seven more parking
spaces will be provided; there will be re-use of the existing building's materials, the
wood timbers and the brick where applicable. There will be solar and photovoltaic
panels. Rowland told Council the applicants plan to engage the community in the
construction management program.
Rowland showed slides of the present building, the previously presented building and the
new design. Rowland pointed out in the new design how the building is pulled back from
the street. Rowland showed slides comparing the old and new design, the height, the
pedestrian spaces and the setbacks. Haas noted the proposed pedestrian amenity space
exceeds the land use code requirements; the code requires 902 square feet of pedestrian
amenity space and this proposal is 1050 squaze feet. Haas said the proposal will
compliment the current plaza in front of both the Paradise bakery building and the
Guido's building. This proposal will enhance pedestrian circulation by opening the
corner to a great extent by removing the walls azound the property.
Rowland showed a site plan; the 5 handicap accessible entrances into the building; the
public amenity space, the automobile elevator and how it operates in the alley. Haas
stated this project contains only uses permitted in the CC zone. The project complies
with all dimensional standards; the applicants have requested no variances from the
underlying zone district requirements. The cumulative floor azea for the property is
within the 3:1 limit and uses only 67% of that allowed for the property. The proposed
building is about 18,000 square feet and the zone district allows 27,000 squaze feet. The
land use code allows 9,000 square feet of free market space and this proposes 5078
squaze feet or 58% of that allowed by code. The proposal has 11,304 square feet of
commercial FAR; there is more net leasable commercial due to subgrade space. The
proposal is within that allowed for commercial squaze footage.
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Regular Meeting Aspen City Council January 11, 2010
Haas noted the total above grade commercial space exceeds the total free market space
and the free market units all comply with the maximum unit size of 2,000 square feet.
The code requires 3 pazking spaces and this proposal has 10 parking spaces. Rowland
went over the floor plans, showing the existing building and the proposed building what
will be located on each floor. Haas pointed out the proposed commercial spaces are
small to appeal to local entrepreneurs.
Rowland showed the 2"d floor which has 3 flexible office spaces, 2 affordable housing
units and 1 free market studio with a deck over looking the pedestrian amenity space. All
uses have been integrated on the 2"d floor with the same lobbies. Housing for 3.5
employees is being provided; each unit is 600 square feet with laundry facilities. The
basement contains 100 squaze feet of storage for every unit. Haas noted all affordable
units are above grade, have windows and sunlight. Haas said there are provisions for
continued affordability regarding homeowner's dues and assessments; the assessments
can never exceed $50/month. Haas said these units comply with all requirements of the
APCHA guideline and are being deed restricted to category 2, rather than category 4,
which would be allowed. Haas told Council there is no net employee generation from the
commercial space as compared to the existing building. There is a credit for the existing
structure for employee generation; the requirement for affordable housing is from the free
market portion of the proposed project and is proposed at 117% of the housing
requirement.
Rowland showed the plan for the 3`a floor with 2 free market units and a common deck,
which is accessible to all tenants and residents of the building. The roof plan is a green
roof with solar panel; there is no use on the roof. Rowland pointed out the heights at
various locations around the building and where it is a 2 story element. Rowland showed
the plan for the ls` subgrade basement, a commercial space, which can be divided in
different ways and a plan for the basement which has 10 pazking spaces, building and
residential storage.
Jerry Cavalieri, Hansen Construction, told Council the construction management plan
was developed in conjunction with the engineering department and it is compliant with
all required items. Cavalieri said the proposed schedule is 32 months and after 20
months, most of the public impact is over. Cavalieri noted the existing walkways will be
maintained during construction except when demolition materials are being cleared off
the site. There is a staging area for trucks on the street and the fence for that staging area
can be moved on weekends and holidays when it is not being used for construction.
There will be scaffolding in the alley and fire egress will be maintained.
Councilman Romero asked how far down the site will be excavated. Cavalieri said 26'.
Councilman Romero asked the gross squaze feet of the building. Haas said it is about
40,000 square feet. Cavalieri said they have done community outreach, have a facebook
site, and have worked with local businesses and the newspaper. Cavalieri said during
construction there will be monthly meetings, a public comment box on site, an
information board and construction cameras. Mayor Ireland stated he is concerned about
the construction hours and when heavy noisy construction is being conducted. Mayor
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Reeular Meetine Aspen City Council January 11, 2010
Ireland said this site is very sensitive and a premier corner and some important times
should be off limits to big noise in order to not diminish the public activity in surrounding
areas. There may be a lower noise and impact output during the summer high season and
the holiday season.
Mayor Ireland opened the public hearing.
Ms. Adams entered 12 a-mails into the record; 7 in support and 5 opposed. The e-mails
are from Larry Saliterman, Laurie Bernstein, Kurt Wong, Michael and Lisa Haisfield,
Andrew Gerber, James Anderton, Sean Gooding, Bill Wiener, Paul & Angela Young,
Junee Kirk, Georgeanne Waggaman, Renee Maisberger.
Hal Craft stated he is concerned about the noise and how much this project will affect the
economy in the area. Construction at a site like this will have an influence on tourists and
having them return. Craft said he is also concerned about how this will affect the views
of the mountain. Roine St. Andre said this building did not get approved 2 years ago and
there is less need for it now. Ms. St. Andre said the building is not full right now. This is
located on a one-way street with not a lot of room for construction vehicles. Ms. St.
Andre said Aspen is in a good place to start doing something about climate change and
the environment.
James Anderton, Kemo-Babe, told Council he has been a tenant in this building for 17
years. This building cannot sustain tenants because it does not function. Anderton said
he favors this building and it will be a better space for tenants. Sandra Garza,
L'Occitane, said she feels the construction and noise will hinder businesses in this area.
Ms. Garza said many visitors come for the old timey feeling of the town and a new
building will take away from that feeling. Joan Lebac asked Council to keep out massive
developments. The city has spent a lot of money buying open space and the plaza is a
wonderful square. Ms. Lebac said if this building is allowed to redevelop, a113 other
corners will want to go higher. Ms. Lebac said this building will block out the sun.
Aspen has the gift of nature, which this building will lessen, and the old timey feeling.
Ms. Lebac said the proposed building should not be 1"higher than the existing building.
Terry Butler submitted photographs for the record. Ms. Butler told Council she lives and
works in the Aspen Block building directly north of this site. Ms. Butler said her
business, the Residence Hotel, sleeps 24 people. Ms. Butler said many in the community
are concerned with the negative impacts on the business, the visitors and the environment
by tearing down this building. Ms. Butler said this is the premier corner in Aspen. Ms.
Butler requested Council not allow this building to be torn down; it should be repaired.
The covered walkway is full of charm and should be preserved. The community does not
need more high end condominium units. Ms. Butler said she has not seen concerns for
the neighbors from the applicant. Ms. Butler said she is concerned about the foundation
of her building from this construction as 1/3 of the block will be torn down and
excavation to 30' will occur. Ms. Butler noted there has never been a construction site of
this magnitude in the center of downtown.
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Regular Meeting Aspen City Council January 11, 2010
Martha Madsen said she would prefer to see this building remodeled and upgraded. Ms.
Madsen said she is concerned about this building blocking the sun and views. Junee Kirk
stated the city has made an effort to preserve this corner and the community needs to
keep this open space and views of this plaza. Ms. Kirk said the pit should be retained; it
gives symmetry to the square, which the proposed plan does not do. This proposed
building is 3 times the mass of buildings along the mall. Ms. Kirk said it is important to
maintain the scale and mass; this is not the time to be building massive buildings. This
corner should be dedicated to the preservation of historic buildings and to the plaza.
Dennis Dodson, Pismo Glass across the mall, told Council he is concerned abut their
livelihood and quality of life if this is approved. There will be an impact on foot traffic
and on the glass in the shop. This corner is a large attraction in the summer. Billie Pierce
Irwin stated she is worried about the views. This is a precious corner and one of the most
important in town. The alley is a big concern; there is a lot of delivery traffic currently in
that alley. Ms. Irwin said she would rather see the owners renovate and keep the historic
integrity of the building.
Tom Sharkey said Aspen is a tourist based economy and Council needs to make sure the
downtown main square is a good place for guests. Shazkey said he is concerned about
losing tourists and Aspen needs to have every tourist they can get. Anime said she is a
lessee in the Bidwell building and is concerned about the health and safety of the tenants
and of the building. There are electrical issues; the building is not pedestrian friendly.
Anime said the enhancement of the building will add a lot to town.
Jim Smith said this design will not be treasured by Aspen residents. Smith said if the
building is approved, the finished product should not turn out to be different than what
was approved. Smith said there should be a complete detailed view of what the exterior
of the building will look like when complete. Kaitlin Jergensen said she is concerned
abut the noise, dust, dirt and traffic from the construction. Toni Kronberg said she
understands that Council adopted amendments to the subdivision code which required a
subdivision be consistent with the Aspen Area community Plan. Ms. Kronberg said one
review standazd is that the proposed subdivision not adversely affect future development
of surrounding areas. Ms. Kronberg said size, mass and scale of a project can be
considered in the subdivision process because that is relevant whether the subdivision is
consistent with the AACP. Ms. Kronberg said the height, size and mass of this building
is not consistent with the AACP. The project is supposed to fit in and be consistent with
the neighborhood. Ms. Kronberg submitted photographs showing the azchitectural
chazacter and the character of 2-story buildings. Ms. Kronberg said the existing building
has a unique design. The new design is boxy and square. The height of the new building
will put pressure on other buildings in the area to redevelop and to build higher.
Isabel, a visitor, questioned life in Aspen during the construction and how that will affect
people who come here to rest and to listen to music. Peggy McAfferty, manager Roots,
said the old buildings in this area are what people love. Ms. McAfferty told Council their
customers love the old atmosphere; new buildings are not in keeping with Aspen's
historic neighborhood. Aspen is about memories and those should be kept. Steve Fante,
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Regular Meetine Aspen Ciri Council January 11, 2010
CB Paws, said he hoped to see a compromise and a redevelopment without a large impact
on the existing community. Fante said height is a major issue; construction scheduling is
a major issue. Fante said he feels the Galena street design should be given more
consideration. The immediate neighbors need to be given more consideration. Jeremy
Bernstein said there is strangeness in the proportions, which will be lost with this new
development. Bernstein said a good renovation will fix a lot of problems brought up by
the public.
~Ivlayor Ireland closed the public hearing.
Haas said the largest concerns expressed were the impacts of construction. Haas said it
would be unfortunate to hold this property captured in time due to its location. It would
be short-sided to consider only the short term impacts of construction versus the long
term benefits of a redeveloped building on site. Haas said this project has merits
including consistency with the AACP, introduction of affordable housing, a LEED
certified building which will increase efficiency of the building. Haas said it is important
to look beyond the construction impacts.
Haas said the goal is to do the project the right way and create a better building to serve
the community. Haas noted there is no loss of sunlight; the 3`a story is setback so that it
will not interfere with the sun in the southern skies. The building will keep the views
open from the Paradise bakery and will add a complimentary plaza across the street.
Haas reiterated this building adheres to the design standards of the HPC and to the
commercial design standards. Haas pointed out this building is not historic.
Rowland said the client is trying to do a project within the land use code; the applicants
are not asking for any variances. Haas told Council this is the right time for approval.
This project has gone through 12 public meetings and has had several open houses.
There will be impacts from construction.
Councilman Skadron asked how the guidelines put on the Volk building in 1986 differ
from the existing commercial design guidelines. Bendon said staff will have to give this
answer at a subsequent meeting. Councilman Skadron said the applicant compared their
3-story building to the 3-story Volk building; however, this building is approximately
30% higher than the Volk building. The proposed building is 37' and the Volk building
is 28'. Haas said he was comparing the fact that the Volk building has 3 stories.
Councilman Torre said he feels Council and staff should revisit the code and possible
code changes. Councilman Torre said the construction concerns are valid. One troubling
issue is the staging area on Galena, which takes up half a block. Councilman Torre said
he feels that staging area will be disruptive. Councilman Torre said he appreciates the
existing covered walkways being used as construction walkways. Councilman Tone
agreed this design does not do a lot for activating the Galena street side of the project.
Councilman Torre said a lot of progress has been made from the previous presentation.
Councilman Torre stated he supported this building beings designated historic.
Councilman Torre said he has concerns about increased parking on site with an alleyway
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Regular Meeting Aspen City Council January 11, 2010
access and would like more information why this is necessary. Councilman Torre said if
it because of the residential component, then perhaps that is too much density for the
azea. Councilman Torre suggested the residences could be made smaller and moved
towards the western part of the roof to lessen the impact on neighbors.
Councilman Torre said he is concerned about the depth of the construction. Councilman
Torre reiterated the project has made progress; however, the concerns are the overall
impacts on the community for 3 or 4 yeazs. Councilman Torre said if his concerns are
addressed and the impacts of construction can be lessened, it might be acceptable after
those amendments.
Councilman Romero said the 3 priorities for judging the project are height and mass and
views that might be impacted; the neighborhood character and the public amenity space;
and the construction impacts. Councilman Romero said applicants have to measure and
respond to both short term and long term impacts. Councilman Romero noted this is an
exceptional corner and requires an exceptional response. Councilman Romero noted with
the preponderance of negative response, the applicants have not done enough outreach to
tie into and fit with the neighborhood. Councilman Romero stated this application has
come a great distance from the previous application. Councilman Romero said from his
view, there is a long way to go on this application on community goals, neighborhood fit,
and feel and presence For pedestrians. Councilman Romero stated this is a good start on
the construction management plan; however, there is a long way to go and it has to
anticipate all the angles to this construction. Councilman Romero asked about shoring
and retaining for excavating 26' and the explanation of how this will be done should be
shared with the public. Councilman Romero said the Galena street side is not as inviting
as the rest of the project. Councilman Romero said Council has to look at what this
project may induce elsewhere along the mall. Councilman Romero stated he would like
to hear the mitigation plan for the businesses in the area and how the applicants are
working with the neighbors to make sure the construction does not excessively affect
their daily lives.
Councilman Johnson noted this is better than the last application. Councilman Johnson
agreed that the Galena street side could use some activation. Councilman Johnson said
the applicant should speak to whether or not the views are affected. Councilman Johnson
noted there will be alley congestion and the elevator and underground parking will
exacerbate that. Councilman Johnson stated he would like to see more information and a
plan on how the alley and parking will be handled.
Councilman Johnson noted there is more work to be done on public outreach.
Councilman Johnson said the construction management plan needs work; for example
there should be more than 10 days notification and to more than those residents within
300'. Councilman Johnson stated a broader community needs to be informed.
Councilman Johnson said there is an opportunity for this applicant to take a leadership
role in construction management. Councilman Johnson said he would like to see off
season used more for construction with dormant periods during high season. Councilman
Johnson stated it should be required that construction workers use public transportation.
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Regular Meeting Asuen City Council January 11, 2010
Councilman Johnson stated this is an important corner for the community and he would
like to see this worked out.
Councilman Skadron noted one of the public reminded everyone that the feel of the
community is key to why people live and visit. Councilman Skadron said the current
building has warmth and charm and this is lacking in the proposed building. Councilman
Skadron said he needs to be comfortable that criteria in the AACP is being met, like how
this proposed subdivision affects future development of the surrounding azeas.
Councilman Skadron said he is not quite willing to let go of the beauty of the existing
site.
Mayor Ireland said the proposed completion bond does not give a source of income
revenue to deconstruction or to finish the project. Mayor Ireland said this agreement
gives the general contractor the ability to specify that amount. Mayor Ireland said he
does not want the community stuck with ahalf--built building at this location. Mayor
Ireland stated he is concerned about the allowable 80 decibels in downtown and
suggested Council do an inspection and listen to what 80 decibels is like.
Mayor Ireland agreed if this is approved, a special construction schedule that protects the
vitality of downtown is imperative. Mayor Ireland noted construction parking all azound
this site will be detrimental to downtown businesses. Mayor Ireland suggested all the
construction vehicles be registered and the city can use the license plate recognition
program. Mayor Ireland stated his biggest concern about the project is the conversion to
residential uses which put a damper on the use of the space and the downtown core
becomes less active. Mayor Ireland agreed the pit is dead, non-usable space and likes the
alternative pedestrian amenity.
Councilman Torre moved to continue Ordinance #28, Series of 2009, to January 25,
2010; seconded by Mayor Ireland. All in favor, motion carried.
RESOLUTION #6, SERIES OF 2010 -Code Interpretation Appeal Permitted uses in
S/C/I zone
Jennifer Phelan, community development deparhnent, told Council this is an appeal of an
interpretation issued by the community development department regarding permitted uses
in the S/C/I zone. Ms. Phelan said the land use code cannot predict every type of use that
may occur; however, new uses need to meet the purpose and intent of the zone district.
Ms. Phelan told Council when a new use is proposed, an applicant requests a code
interpretation to determine if the proposed use is appropriate in that zone. Ms. Phelan
said this applicant asked whether the growing of medical marijuana could be permitted in
the S/C/I. Staff determined that the proposed use is crop production and an agricultural
use and not permitted in a light industrial/manufacturing zone, which determination the
applicant has appealed to Council.
Ms. Phelan reminded Council in an appeal, they are authorized to hear the appeal
established by the record. Staffls determination shall not be reversed or modified unless
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Regular Meeting Aspen City Council January 11, 2010
Council finds there has been a denial of due process, abuse of discretion or staff exceeded
their jurisdiction. Ms. Phelan noted due process has been provided to the applicant with
all noticing being met; that appropriate discretion was used in the code interpretation
using definitions found in the land use code and terminology in that zone district. Ms.
Phelan stated appropriate jurisdiction was used as the director is authorized to make
determinations. Staff recommends the code interpretation be affirmed by city Council.
Mayor Ireland stated the appellant must find there was no reasoning behind staff s
interpretation.
Kent Kleppinger, applicant, handed out definitions and told Council he is appealing the
interpretation regarding permitted uses in the S/C/I zone and requesting that a medical
marijuana manufacturing facility be considered a permitted use in the S/C/I zone.
Kleppinger said the scope of business is the production and wholesale distribution of
medical marijuana for sale to local dispensaries. Kleppinger stated his proposed use fits
the zone district in spirit; there will be no retail presence and the requirements for
equipment are light industrial Kleppinger noted the purpose of the S/C/I is to preserve
and enhance locally serving, primarily non-retail small businesses. The S/C/I zone
district contains uses that may not be appropriate in other zones and uses that do not
generate high customer traffic.
Kleppinger said the industrial nature of the S/C/I zone makes it ideal for his intended use.
Kleppinger stated the code was written to allow new industries and new businesses
created by changing times search out the S/C/I district for new business types, like the
Aspen Brewery. Kleppinger said Council may approve this use based on the furthering
of public health, safety and welfare. Kleppinger stated he is producing a medical product
that is consumed by the local community and is intended to promote public health.
Kleppinger told Council different types of marijuana provide different benefits in treating
different ailments. Kleppinger said local dispensaries needs medicines to fit the different
needs and that are grown under the conditions to produce quality medicine.
Kleppinger noted there is currently no limit to the number of plants that can be grown by
dispensaries or at home, which can be risky. Kleppinger said the land use code comes
with terms and definitions that are used to render opinions. Kleppinger stated Council
has the authority to review the spirit of a zone and uses that could not be contemplated
when the code was written. Kleppinger said the community development department
opined the use would be an agricultural use citing the words "crop, nursery and orchard"
and including the land use code definition for "agriculture". Kleppinger said this product
is a pharmaceutical and should not be compared to traditional crop production.
Medicinal marijuana is regulated, which differs from agriculture in many ways and
usually crops are not controlled pharmaceuticals. Kleppinger stated it is more accurate to
describe his product as medical, not agricultural. Kleppinger noted under Colorado
amendment 20, dispensaries are permitted to manufacture or grow medicinal marijuana in
their establishments, which would be allowed in other appropriate zones. Kleppinger
concluded that this business is not agricultural but is pharmaceutical production and
should be a permitted use in S/C/I. Currently medical marijuana can be grown in one's
home or in dispensaries in town.
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Regular Meeting Asuen City Council January 11, 2010
Mayor Ireland noted this argument would allow Council to interpret the district to define
this as other than agricultural. Mayor Ireland stated in an appeal, the applicant has a
burden to prove that not allowing that interpretation is an abuse of discretion. Mayor
Ireland noted marijuana has been grown as a crop in this country. Mayor Ireland stated
the applicant has argued to the spirit of the zone district; however, the applicant has to
show there is no basis for the staff s argument. Mayor Ireland said Council should wait
to see what amendments will come out of this session of the state legislature before the
city code is amended. Mayor Ireland said the applicant has not shown this is not a crop.
Lauren Maytin, representing canvas businesses, stated there may have been an abuse of
discretion to look at this as a crop and as an illegal drug. Ms. Maytin said this is
manufacturing of medicine. Ms. Maytin said marijuana as medicine is not a crop; it is a
pharmaceutical industrial production, which is more scientific and requiring hands on
attention for the manufacture of medicine. Mayor Ireland said no proof has been offered
that there was an abuse of discretion in the manner in which the staff rendered their
opinion.
Councilman Romero stated there is no issue with jurisdiction or due process; the question
is abuse of discretion. The applicant has presented an alternate view but that does not
prove staff s view was an abuse of discretion.
Mayor Ireland moved to adopt Resolution #6, Series of 2010, affirming the decision of
the community development director; seconded by Councilman Johnson. All in favor,
motion carried.
Councilman Torre moved to adjourn at 10 p.m.; seconded by Councilman Johnson. All
in favor, motion carried.
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