HomeMy WebLinkAboutminutes.council.20140113Regular Meeting Aspen City Council January 13, 2014
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ANNUAL MEETING – ASPEN PUBLIC FACILITIES .............................................................. 2
CITIZEN COMMENTS ................................................................................................................. 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 3
Resolution #99, 2013, Approving an Amended Intergovernmental Agreement Between
the City and Pitkin County regarding the APCHA ..................................................................... 3
Resolution #3, 2014 - Public Posting Notice of Meetings ................................................... 3
Minutes - November 18, December 9, 2013 - January 6, and 7, 2014 ................................ 3
Resolution #1, 2014 - Purchase of Two Replacement Shuttle Vehicles .............................. 3
Resolution #2, 2014 - Purchase of One Replacement Shuttle Vehicle ................................ 3
RESOLUTION #4/ORDINANCE #1, SERIES OF 2014 – Next Generation Advisory Board ..... 4
RESOLUTION #5, SERIES OF 2014 – 2013 Growth Management Allotment Rollover ............. 4
ORDINANCE #46, SERIES OF 2014 – Creating Transferable Development Rights – 549 Race
Alley ................................................................................................................................................ 5
ORDINANCE #51, SERIES OF 2013 – 110 W. Main Street – Hotel Aspen, PUD, Subdivision . 6
Regular Meeting Aspen City Council January 13, 2014
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Mayor Skadron called the meeting to order at 5:05 p.m. with Councilmembers Frisch, Mullins,
Daily and Romero present.
ANNUAL MEETING – ASPEN PUBLIC FACILITIES
Steve Skadron, president, called the annual meeting of the Aspen Public Facilities to order at
5:05 p.m. with members Mullins, Romero, Frisch, Daily, Koch and Taylor present. Skadron
noted the Board needs to nominate a vice president and an assistant secretary.
Skadron nominated Frisch as vice president and Daily as assistant secretary; seconded by Frisch.
All in favor, motion carried.
Frisch moved to approve the minutes of January 14, 2013; seconded by Daily. All in favor,
motion carried.
Taylor, treasurer, told the board that they financed the purchase of the Isis theatre; the rents
received from the tenants in the Isis go to the public facilities corporation who pays the debt
service. The outstanding debt is $7,405,000; the annual debt service is $594,000. At the end of
the financing term, the city will deed out the interest to the existing tenants in the theatre.
Romero moved to adjourn at 5:10 p.m.; seconded by Koch. All in favor, motion carried.
CITIZEN COMMENTS
1. Peter Fornell told Council his project at 518 Main street will be ready for affordable
housing lottery in the next several months. Fornell said he learned some lessons from the first
project and his request is an educational program for first time buyers who win the lottery and
who need help and support in a common interest community. These projects are a community
asset and should be protected.
COUNCILMEMBER COMMENTS
1. Councilman Romero said Aspen lost a great lady with the death of Linda Keleher.
Councilman Romero noted the holidays were great; the economic activity and the lodging
occupancy were good and people were having a great time.
2. Councilman Frisch congratulated the renovation team on the Wheeler Opera House; it is
a great success visually and financially. Mayor Skadron agreed the Wheeler is vastly improved.
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3. Councilman Frisch said Winterskol was a great event. Councilwoman Mullins agreed
and thanked everyone who made Winterskol happen.
4. Councilwoman Mullins noted recently the Council had a presentation from the Open
Space and Trails board. Councilwoman Mullins said the Open Space board recommends
spending city funds and wondered if it would be a good idea to have a Council person on that
board. Jim True, city attorney, said the Charter states Council members may not serve on any
city boards.
5. Councilman Daily announced the Sister Cities committee meets tomorrow in the Sister
Cities room.
6. Mayor Skadron noted the Sunday New York Times listed the 50 cities one has to visit in
2014 and Aspen ranked #29.
6. Councilman Romero said the BRT ridership is greatly increased and RFTA will re-
purpose some non-BRT buses with the technology funded from contingency in the grant. RFTA
is looking at the parking demand. In Glenwood Springs, the new bridge work is going forward
with CDOT and RFTA will get separate engineer reports for the by-pass off Eighth street.
CONSENT CALENDAR
Mayor Skadron said he would like Resolution #4 pulled off the consent calendar.
Councilman Romero moved to adopt the consent calendar as amended; seconded by Councilman
Frisch.
• Resolution #99, 2013, Approving an Amended Intergovernmental Agreement Between the City
and Pitkin County regarding the APCHA
• Resolution #3, 2014 - Public Posting Notice of Meetings
• Minutes - November 18, December 9, 2013 - January 6, and 7, 2014
• Resolution #1, 2014 - Purchase of Two Replacement Shuttle Vehicles
• Resolution #2, 2014 - Purchase of One Replacement Shuttle Vehicle
All in favor, motion carried.
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RESOLUTION #4/ORDINANCE #1, SERIES OF 2014 – Next Generation Advisory Board
City Attorney Jim True pointed out that boards need to be established by ordinance rather than
by resolution and this resolution should be amended into an ordinance.
Mayor Skadron said he would prefer this board to mimic other city boards with a maximum of 7
members and 1 alternate and 4 year terms. Council will grandfather the initial appointments over
those 8 members.
Councilman Frisch moved to read Ordinance #1, Series of 2014; seconded by Councilman Daily.
All in favor, motion carried.
ORDINANCE #1
(Series of 2014)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, CREATING “THE
NEXT GENERATION ADVISORY COMMISSION” AND MAKING INITIAL
APPOINTMENTS
Skippy Mesirow, representing the Next Generation, announced a kickoff event tomorrow,
January 14 at the Aspen Brew Company.
Councilman Romero moved to adopt Ordinance #1, Series of 2014, on first reading deleting term
limits; seconded by Councilwoman Mullins. Roll call vote; Frisch, yes; Mullins, yes; Daily, yes;
Romero, yes; Mayor Skadron, yes. Motion carried.
RESOLUTION #5, SERIES OF 2014 – 2013 Growth Management Allotment Rollover
Jessica Garrow, community development department, told Council staff reviews annually the
previous year’s growth management allotments and determines how many allotments should be
rolled over for use in the current year. Growth management limits development to insure stable
growth occurs while maintaining community character and adequate facilities. Allotments allow
development to take place and there are 18 free market, 33,300 square feet of net leasable and
112 lodge pillows, which represents 1.5 to 2% annual growth rate.
Ms. Garrow pointed out in 2013 there was 1 free market resident allotment used, 0 lodge
allotment and about 7500 square feet net leasable. Council may roll over 17 free market, 25,000
square feet net leasable and 112 lodge pillow allotments and allow them to be available in 2014.
Staff recommends that the 112 lodge allotments be rolled over to make available 224 pillows in
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2014 based on the growth rate over the past 5 years and Council’s goal to bolster the lodge
industry. Only 210 lodge allotments have been used since 2009.
Councilman Romero moved to adopt Resolution #5, Series of 2014; seconded by Councilman
Frisch.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
All in favor, motion carried.
ORDINANCE #46, SERIES OF 2014 – Creating Transferable Development Rights – 549 Race
Alley
Mayor Skadron recused.
Amy Simon, community development department, told Council this is a historic property in the
Fox Crossing subdivision with a Victorian miner’s cottage which HPC has granted conceptual
approval for rehabilitation and renovation. HPC granted a 500 square foot floor area bonus as an
incentive. The applicant requests using that bonus as part of the construction and then leave 750
square feet unused floor area and turn that into 3 transferable development rights. Staff
recommends approval of the request; the criteria for creating TDRs asks for confirmation the
floor area is available and unused. The owner will file deed restrictions to make it clear the
square footage has been severed from the site.
Ms. Simon told Council the 500 square foot bonus is being used as part of the redevelopment.
The criteria states the bonus cannot be sold. When TDRs were established, staff did not want to
eliminate the bonus so the floor area bonus goes to the project being constructed; there will be
750 square feet that will be allowed to be sold from the property. Councilwoman Mullins said it
feels like the 500 square foot bonus is being turned into a TDR and that is not the intent of the
bonus program. Ms. Simon told Council several times in the past the bonus has been
incorporated into a project and then TDRs sold. Selling TDRs still takes square feet away from
the property and results in a smaller project.
Chris Bendon, community development department, said when the program was established, it
was important to staff, HPC and Council that the ability to sever a TDR should not eliminate the
ability to achieve an historic preservation bonus. Bendon noted the 500 square foot bonus to be
granted by HPC is one of the most important incentives and HPC grants it judiciously and for
exceptional projects. HPC has to arrive at a conclusion the applicants are making an exceptional
preservation effort. Bendon said not allowing an HPC bonus if someone were planning selling
TDRs could be perceived as a penalty and may chill incentives for TDRs.
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Councilwoman Mullins said it is diluting the idea of the 500 square foot bonus, which allows
additional square feet over the existing FAR on site, and then selling 750 square feet. It seems
there was enough FAR on site to build the project. The bonus is being sold as a TDR. Bendon
said applicants could achieve the same end sequentially by going through severing and selling
TDRs first, then coming through again with a development application meeting the standards of
an exceptional project with 500 square feet more than allowed and asking for a HPC bonus. This
procedure collapses the two steps into one. Bendon pointed out the risk of going through
separate steps results in an applicant who severs the square footage before they know whether
they have a bonus. Councilman Daily said he likes encouraging exceptional historic projects.
Councilwoman Mullins stated this is not the proper interpretation of the incentive program. Ms.
Simon said applicants can ask to use every allowable square foot on their property and then a
floor area bonus on top of that. This applicant is taking 750 square feet that could have been part
of the project and moving it off site.
Mayor Pro Tem Frisch opened the public hearing. There were no comments. Mayor Pro Tem
Frisch closed the public hearing.
Mayor Pro Tem Frisch moved to adopt Ordinance #46, Series of 2013, on second reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Daily, yes; Romero, yes;
Mullins, no; Mayor Pro Tem Frisch, yes. Motion carried.
ORDINANCE #51, SERIES OF 2013 – 110 W. Main Street – Hotel Aspen, PUD, Subdivision
Councilwoman Mullins recused.
Sara Adams, community development department, told Council this proposed project is a
redevelopment of Hotel Aspen on property zoned MU (mixed use), R-6 with an LP (lodge
preservation) overlay. The proposal is to increase from 45 to 54 lodge units with an average size
of 300 square feet. Four free market residential units, two duplexes, are proposed along Bleeker
street. There are 3 on site affordable housing units. This is a request for consolidated PUD,
subdivision, rezoning and fee waivers. The applicants are requesting to vary the maximum
cumulative floor area, the maximum lodge floor area, the maximum free market floor area and
the maximum unit size for the free market units.
HPC heard conceptual design reviews as half the property is located in the Main street historic
district; HPC approved the project. P&Z reviewed this and recommended denial by a 3-1-1 vote.
Since first reading, the applicant has reduced the floor area for the free market residential
component; the lodge component was slightly increased. The net livable for the free market was
reduced 125 square feet/unit. Ms. Adams told Council, staff recommends applicants use round
number so when applying for a building permit and actual calculations are done, there is a small
buffer of square footage available. The reduction in net livable removed that buffer; the increase
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in the lodge square footage is a third floor corridor open to the sky, now covered and counted in
FAR.
Ms. Adams stated staff supports redevelopment of the lodge. The code incentivizes lodge
redevelopment by allowing free market as a percentage of lodge net livable area. Ms. Adams
noted staff realizes variances may be needed for a lodge redevelopment; however, in reviewing
this, staff determined that review criteria for approval of the PUD are not met; compatibility with
the neighborhood for architecture, height, bulk and density. Staff is concerned about the amount
of floor area for the overall cumulative maximum and the maximum unit sizes for the free
market. The proposed units exceed the 2,000 square foot cap for the mixed use zone by 1,275
and 1,625 square feet. The MU zone does allow landing of a TDR to go to a cap of 2,500 square
feet. Other criteria requiring compatibility with adjacent historic landmarks are not met.
The applicants are allowed to maintain an existing deficit in parking, which they have done. The
applicants propose a sub grade parking garage, which meets their parking requirement for
development. P&Z had discussions about the on-street parking configuration; the applicants
propose a mix of parallel and head in parking as exists now. The draft ordinance requires the
parking be parallel for safety reasons.
Ms. Adams told Council staff finds the subdivision review criteria are mostly met except for
neighborhood compatibility. Rezoning is required to adopt a PUD and staff finds the criteria for
rezoning are met. Staff recommended removing R-6 which does not fit this redevelopment and
the LP overlay covers the permitted uses not allowed in R-6, which does not allow a lodge or
multi-family residential.
The code allows lodge redevelopment project to request an impact fee waiver; the applicants
requests a waiver of the parks development fee and the air quality impact fee, which is a Council
decision. Staff recommends continuing this to study the overall cumulative floor area and the
sizes of the free market units.
Councilman Romero asked about the applicant’s justification for requesting larger than allowed
free market units. Ms. Adams said Council should have background or context for why larger
units are requested and why that is important for approval would be helpful. Ms. Adams noted
the land use code suggests for an LP overlay, that a PUD is adopted and a site specific approval
which allows variances in some areas and allows Council to figure out the balance for the site,
the neighborhood and the community. Ms. Adams said staff is aware variances will be
requested. This site has both the historic district on the south and residences on the north. Ms.
Adams stated staff does not understand why the particular variances are requested. Ms. Adams
stated the maximum floor area proposed by the applicant for this site is too much. The
applicants may need some variances but their current request does not meet the review criteria.
Councilman Frisch asked the allowable FAR in R-6. Ms. Adams pointed out there are several
analysis in the staff memo depending on different zoning. Ms. Adams said R-6 underlying
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zoning with an LP overlay, one’s floor area is restricted to single family residential floor area. If
there were no LP overlay one is allowed 4000 to 4200 square foot on an R-6 lot of the size of
these lots. Councilman Daily noted it appears two free market units are 63% above the
allowable net livable and two units are 81% over allowable. Councilman Daily said Council
needs to looks at what is appropriate for the neighborhood and look at how big may be
appropriate.
Ms. Adams noted the land use code has a maximum floor area with the ability to increase that
floor area to 1.25:1 through special review. The applicant’s request exceeds that special review
request. Mayor Skadron asked what the GMQS deadline played in the applicant’s desire to get
to Council. Ms. Adams said the memorandum contains a timeline of how the project moved
through the process.
Stan Clauson, representing the applicant, quoted from the Aspen Area community Plan that
Aspen needs to have a large and diverse lodging inventory. This lodge provides a specific type
of lodging important for the community and important to preserve. Clauson also brought up a
report on development in Aspen, “the unpredictable and political nature of the development
process creates additional risk for developers and investors which increases development costs
and the feasibility gaps for development”. While conceptual approval is non-binding, projects
that have received conceptual approval from HPC have been later denied after considerable time
and expense. If the city wishes to maintain or expand the bed base, it will need to identify
locations where that is appropriate and support projects proposed in those areas”. Clauson said
specific areas for lodge expansion project have been identified as it LP zone. This project takes
advantage of the LP zone. Clauson said this is the type of project the Aspen Area Community
Plan refers to. HPC gave conceptual approval to the mass, scale, height of the project; reviewed
compatibility with the surrounding buildings and found that acceptable. Clauson told Council
HPC requested design changes, which were provided. Clauson said the applicant feels a conflict
between HPC’s approval for bulk, mass and height and that the numbers underlying mass, height
and bulk should not be approved.
Clauson said this site is 27,000 zoned R-6 and MU about 50/50 split with an LP overlay over the
entire property. The LP overlay determines the permitted uses and maximum floor area for the
residential development. Clauson questioned whether this is determined by underlying zoning or
the LP overlay. Clauson showed the site location, the zoning on the site. LP overlay protects
small existing lodges and permits free market housing to support lodge expansion, and there are
specific numbers associated with that. Clauson noted the free market development parameters
are based on lodge development density, the number of units proposed and the average size of
lodge rooms, which in this case would permit 60% residential development. The overlay allows
dimensional requirements to be determined through the PUD process. Clauson reiterated free
market multi-family housing makes possible redevelopment of a lodge.
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Clauson showed the existing elevation, the rear portion of the structure contains 3 stories. The
front portions of the lodge will be reconfigured and expanded in the same footprint. The
proposed total floor area is 36,500 square feet and 24,200 square feet is lodging; 10,500 square
feet is free market residential and 2,000 square feet of affordable housing. Clauson stated the
decrease of 500 square feet brings this in accord with the amount of residential the LP overlay
allows. The proposed height of the residential is 32’, which is accordance with the MU zone
district; the hotel is proposed at 28’. The reconfigured existing lodge units would be an average
size of 292 square feet and an increase in the number of lodge units from 45 to 54.
The four townhouses will be in two duplexes. There will be 3 on-site affordable housing units.
There will be public amenity spaces. The sidewalks improvements are proposed. Trees along
Garmisch will not be removed. Clauson said the applicants proposed to leave the parking
exactly as it; it serves a need for the hotel and for the park at the Yellow Brick. Clauson said
Council should decide whether this should be turned into parallel parking, which looses about 6
spaces/block. Clauson said they are amenable to whatever parking Council decides.
Clauson pointed out a patio area off Main street accessible to the public as part of the open
space. Clauson showed pictures of the existing and proposed facades, the proposed hotel
buildings and the residential units, the alley off Bleeker street with access to the parking garage,
parking along Garmisch using both parallel and angle parking. Clauson reviewed the setbacks
from Main street and the hotel at 23’ high in the front and 29.5’ at the highest point of the front
and 32’ for the residential units. Clauson showed a layout of the hotel rooms. The 3-story
residential is setback from the street and from the front façade and along the alley side. The
townhouse units are 23’ and 20’ wide and have a modularity like other townhouse units in the
west end.
Clauson noted the design guidelines for small lodge character contains parameters for building
heights, mass and scale adjacent to residential. The only adjacency in this project is the alley on
Bleeker. Clauson presented a chart of the PUD variations being requested; one variation is that
of cumulative floor area. The applicants are no longer requesting a variation in maximum floor
area for free market; the applicant is at the correct floor area according to the formula. The
maximum unit size has been reduced 500 square feet, 125 square feet/unit. The front yard
setback variation has been eliminated. There is a side yard setback variation requested.
Clauson told Council the general justification for variances is that they allow for a project that
will work and to provide an economical lodging alternative. The LP overlay allows incentives
and the flexibility of dimensional requirements. Clauson reiterated the variations; overall
cumulative floor area 33,750 square feet would be allowed and the applicant proposes 36,500
square feet; this is an 8% increase over the allowable square foot. This would allow unique
small lodge amenities to be provided such as a bar and restaurant, and pool. If those amenities
were removed, 2,750 square feet would be removed. The applicant feels those amenities are
Regular Meeting Aspen City Council January 13, 2014
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important to the project. Floor area is based on a density requirement that deals only with the
lodging rooms, not amenities, which have value for customers.
The free market floor area proposed is 10,500 square feet. There are differences between
applicant’s calculations and those of the staff. Clauson stated it is hard to do floor area and net
leasable calculations at the conceptual stage. Clauson told Council the applicants will continue
to work with staff so that no variances in this area will be needed; they will meet the 10,500
square feet for free market floor area.
Clauson noted there are two free market units at 3625 square feet and two units at 3275 square
feet. The mixed unit zone has a limitation of 2000 to 2500 square feet. If that limitation were
imposed, there could be 5 or 6 multi-family units to total the 10,500 square feet, which is not in
character with the west end. Clauson stated the four townhouses provide a better alternative for
the neighborhood. The increase of net livable is required to provide units that will meet
expectations of potential owners.
Clauson said the side yard setback along Garmisch is a 0 lot line setback, recommended by staff
to increase the separation between the townhouse structures. HPC agreed this was acceptable.
Clauson showed the project including the proposed materials which are appropriate for the
neighborhood. P&Z was concerned with the size and configuration of free market development
and extending the MU zone towards Bleeker street, about introducing modern architecture into
the west end, and about the tenet of free market residences to support the lodge redevelopment.
The latter is part of the land use code and incentives for small lodges.
Clauson noted staff said a lot split would create two lots of 1/3 and 2/3 of the property, which is
not the underlying zoning. The area zoned R-6 is half the total property and R-6 would allow for
two single family homes of 3240 square feet of floor area and net livable of 5800 to 6000 square
feet per unit. There could be a smaller lodge on the south portion of the property with no
increase in the number of lodge rooms. Clauson pointed out this application proposes to add
lodge rooms. Clauson said the city’s lodge study indicates the city needs higher quality lodging
inventory with better amenities. Clauson said the setback are compatible with the neighborhood
on Bleeker street; the height is compatible at 32’ with the surrounding residential area. Clauson
pointed out Bleeker street is an eclectic mix, not a totally Victorian neighborhood. Clauson
stated the project will refurbish an old building, will increase needed lodge rooms and be an
attractive addition to the neighborhood.
Ms. Adams told Council staff has not had concerns about the free market floor area but have had
concerns about the unit size. The floor area is now 81 square feet over, which is not that large.
Staff’s issues are cumulative floor area, the maximum proposed for the site, and the unit size
calculations. The maximum cap of unit size in the MU zone is 2000 to 2500 square feet with a
TDR in a mixed use building. The applicant is proposing units of 3625 and 3275 square feet,
larger than the cap allowed in MU zone. Clauson said the lodge zone encourages small lodge
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development by allowing up to 60% of the lodging net livable as residential floor area and their
calculation nets 10,500 square feet units. The applicants chose to configure this into 4
townhouse units to better fit into the residential neighborhood.
Chris Bendon, community development department, said the conversation on the free market
units is important as well as how the community feels about this incentive and the lodging
program and its effect on the neighborhoods. Mayor Skadron noted staff’s objections are based
on the unit size calculation and the cumulative floor area. Bendon said in their discussions,
Council should start with the allowable floor area, looking at fit, setbacks and then seeing how
appropriate special review floor area would be and whether Council would approve the
maximum or a number in between. Bendon noted the allowable is 1:1 with 1.25:1 subject to
review under certain criteria. Bendon reminded Council a PUD sets dimensional requirements,
like heights, setbacks and uses and replaces the special review. Bendon reiterated Council needs
to discuss whether this meets community expectations and fits within the neighborhood and
sustains the lodge program.
Councilman Romero said the size of the land zoned R-6 comes up with different numbers. Ms.
Adams said the staff memorandum reviews a traditional residential lot scenario, 12,000 square
foot lot, one could do two single family residences with a combined floor area 4260 square feet.
Councilman Romero said the application appears to line up with the lodge incentives that the
City has been working on. Bendon agreed Council needs to look at this application as well as
what are other options for this property.
Councilman Romero said using the MU square foot limit for residential side and putting on the
R-6 portion of the property seems difficult. Bendon said the applicants have requested mixed
use apply to the north side of the property and they are applying the 32’ allowance. Bendon said
MU zone has an enhanced allowable height and also the unit size limitation. Council has to look
at the end result of what they want for the community, what they are trying to achieve with the
lodge preservation program and how it applies to this site. Bendon stated the code has a genesis
to it and there were conversations around code amendments and reasons why they were adopted.
Councilman Daily said he struggles with how far the city should go toward incentivizing
redevelopment and approving free market sizes that are larger than allowed by the code.
Councilman Daily said the city’s code suggests small free market units are appropriate for this
area. Clauson told Council the deadline for GMQS allotments dictated the necessity to get
through P&Z. Clauson said the GMQS deadlines may not be necessary any more.
Mayor Skadron opened the public hearing.
Junee Kirk urged Council to deny this project and have the applicant start over. This proposal
does not preserve the small lodge; it is massive, out of character, it detracts from the
neighborhood, is an abuse of the PUD process. Ms. Kirk said this is not compatible and does not
enhance the community.
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Randy Crawford, adjacent property owner, said the north end of the project is in an area that is a
community and they are concerned about the scope and about the precedent set if this were
approved. Steve Garcia, Victorians on Bleeker HOA, submitted letters for the record from
homeowners opposed to the project. Garcia said the overutilization of the variances and the
PUD process to get maximum mass and size only benefits the owner, not the neighborhood or
the community. Garcia said they do not feel the architecture fits in with the generally prevalent
Victorian architecture. Garcia stated they agree with P&Z’s findings that the sale of free
market townhouse to fund a remodel is not a sustainable practice and with the criteria P&Z felt
were not met. Garcia told Council there is an 80 year old spruce tree where the townhouses will
be built and the proposals contemplates removing the tree. Garcia presented Council minutes
from December 12, 2005, where Council supported denial of a tree removal permit for
construction.
Ms. Adams entered letters into the record from Frederick Henry, Gregory and Anita Pierce
Erwin, Carolyn Landis, Brandon Rose, Phyllis Bronson, and Charles Curry, all opposed to the
project.
Mayor Skadron closed the public hearing.
Councilman Frisch said there is a small town versus lodging inventory struggle in this proposal
and he is concerned about both. Councilman Frisch said he has championed lodge incentives
and agreed it is important when Council approves and incentivizes small lodges, that the end
result is appropriate for the community. Councilman Frisch said it does not behoove the
community to lose any more lodging. Councilman Frisch said although people mostly favor
maintaining small lodge inventory, when one looks at the numbers and the economics, it might
make sense to tear down old lodges and maximize the residential components. Councilman
Frisch said the reality is there has to be a residential component. Councilman Frisch noted one
element that makes Aspen great is its authentic architecture. Councilman Frisch supports the
10,500 square feet for the residential and that this proposal is roughly what the community will
have to buy into for maintaining small lodges.
Councilman Daily agreed that is the tension Council is dealing with. Councilman Daily stated he
is not convinced the extra size is justified by what is being offered to the community.
Councilman Daily said he would like to see the units reduced in size and lowered by a
reasonable amount.
Councilman Romero referred to a table, “allowable free market residential FAR” from the land
use code, which has average net livable area of individual lodge units on the parcel and 300
square feet or less, one gets the free market residential as a percentage of the total lodge unit net
livable area at 60% and the percentage decreases as the size of the lodge rooms increase.
Councilman Romero noted the community has not yet offered a way to get smaller lodges
redeveloped or built. Councilman Romero said he is comfortable with this code provision to
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drive small lodge preservation. Councilman Romero said he is also comfortable with the size of
the free market residential units. Councilman Romero noted there is no neighborhood support
evident for this project.
Mayor Skadron said an appropriate balance must be met between incentivizing lodge
redevelopment and preserving neighborhood mass and scale. Mayor Skadron stated this current
application is sufficiently incompatible with the R-6 neighborhood and fails to meet the PUD
review criteria on neighborhood compatibility. Mayor Skadron noted parking, finishes and
design are issues for staff and HPC. Mayor Skadron pointed out the project did not garner
support from P&Z or from staff and it is a concern that the GMQS deadline forced an expedited
P&Z review. Mayor Skadron stated he wants to see the integrity of the lodge incentive program
be upheld and that small town character be maintained.
Mayor Skadron supports further study of this proposal and questioned whether the GMQS
deadline can be waived. Bendon said it cannot be waived; that process was set up for many
applications to be scored and forward to compete for allotments. Bendon noted the city has not
been in that type of development environment for years and staff finds less value in the GMQS
deadline. Bendon suggested directing staff to bring a code amendment to Council. Council
agreed on addressing a code amendment.
Councilman Frisch moved to continue Ordinance #51, Series of 2013, to February 10, 2014, for
restudy of the free market residential units and overall cumulative floor area and to better relate
to the neighborhood and to have staff return with an ordinance to eliminate the February 15
deadline for GMQS; seconded by Councilman Daily. All in favor, motion carried.
Councilman Daily moved to go into executive session at 8:50 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 and (e) Determining positions relative to matters that
may be subject to negotiations; developing strategy for negotiations; and instructing negotiators;
seconded by Councilman Daily. All in favor, motion carried. Councilwoman Mullins returned
to Chambers.
Councilman Romero moved to come out of executive session at 9:40 p.m.; seconded by
Councilwoman Mullins. All in favor, motion carried.
Councilwoman Mullins moved to adjourn at 9:40 p.m.; seconded by Councilman Frisch. All in
favor, motion carried.
Kathryn Koch, City Clerk