HomeMy WebLinkAboutminutes.council.20141013Regular Meeting Aspen City Council October 13, 2014
1
SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2
CITIZEN COMMENTS AND PETITION ................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 2
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #114, Series of 2014 – Stormwater Cleaning Services ................................................... 5
Resolution #129, Series of 2014 – Mill Street Bridge Repair Project Construction Contract
Approval ................................................................................................................................................... 5
Resolution #123, Series of 2014 – Agreement with Twin Lakes Company Regarding Mitigation of
Impacts Associated with Exercise of Junior Water Rights ....................................................................... 5
Resolution #124, Series of 2014 – Manned Visual Inspection of Concrete Pipe in Raw Water
System ....................................................................................................................................................... 5
Resolution #126, Series of 2014 – Smuggler/Hunter Surface Drainage Master Plan – Change
Order Approval ......................................................................................................................................... 5
Resolution #128, Series of 2014 – Toro utility Vehicle Contract Approval ..................................... 5
Resolution #125, Series of 2014 – Burlingame Ranch Phase II Landscape Maintenance Contract . 5
Minutes – September 22, 2014 ......................................................................................................... 5
Resolution #130, Series of 2014 – Burlingame Phase II Construction Contract Change Orders ..... 5
Ordinance #34, Series of 2014 – 1235 Mountain View Drive (Messiah Lutheran Church) Ordinance
Amendment ................................................................................................................................................... 5
Ordinance #32, Series of 2014 – Authorizing the Issuance of 2014 Parks and Recreation Bonds ............... 6
Ordinance #33, Series of 2014 – code Amendment: Transferable Development Right Certificates (TDRs)
...................................................................................................................................................................... 8
Ordinance #28, Series of 2014 – 1006 E. Cooper Avenue – Transferable Development Rights ................. 9
Resolution #127, Series of 2014 – Policy Resolution – Double Basement Code Amendment .................. 10
Ordinance #31, Series of 2014 – Code Amendment Double Basements .................................................... 12
Regular Meeting Aspen City Council October 13, 2014
2
Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins, Daily and
Romero present.
SCHEDULED PUBLIC APPEARANCES
Janis Vos Caudill, Pitkin county clerk and recorder, told the Council Aspen voters with zip codes 81611
and 81612 should have received the tabor notice. Ballots were dropped at the post office this week. Next
week the office is open to vote early. On election day, there will be three service centers open to vote in
person from seven am to seven pm. You can stop at any voting service center and vote. At the service
centers you can vote in person, drop off your ballot, pick up a replacement ballot, register to vote and
update your registration record. The centers open on election day are the Pitkin County clerk and
recorder’s office, Snowmass Village town hall and Grace church in Emma. Pitkinvotes.org. has sample
ballots and links to the Tabor notices. The office will be open on Saturdays from ten to two.
Mayor Skadron moved Ordinance 31 from first reading to be read after Resolution 127 under public
hearings.
CITIZEN COMMENTS AND PETITION
1. Ruth Harrison said she is tired of the bears paying the price for the citizens. Fines need to be
raised to a price that will cause businesses to contain their garbage. The City should pay for bear
trash cans. She suggested dropping food on hunter creek and opening the landfill to bears. We
created the problem let’s fix it.
2. Mark Friedberg addressed the code changes in 2012 where residential properties in C1 zone,
specifically 611 E Hopkins were made non-conforming with the new code. He wants to discuss
the reasonableness of using the property and getting access to the rooftop. There is no provision
to get access to the rooftop. He asked if there is any way that Council would give consideration
to allow that. The way the code is written there is no provision for it. It is reasonable to ask to
access the rooftop from inside the property and have a modest use.
Chris Bendon, community development, said it is a non-conforming use and a height issue. The
non-conforming requirements in the code are strict for a circumstance like this. You can remodel
but can’t change where it would increase the footprint. If Council is interested in amending that
part of the code they would come back with a policy resolution.
3. Colleen Collins said she is concerned the employee generation study survey is dragging out and it
impacts her and other property owners as to what fees will be assessed at. She is looking for relief
and suggested a moratorium or consensus that a smaller home square footage be waived. It is a
really big conversation and more than employee generation.
COUNCILMEMBER COMMENTS
1. Councilwoman Mullins said she spent four days in Wales and it was spectacular.
2. Councilman Frisch said CORE is celebrating its 20th anniversary October 20th at Limelight.
Contact lucy@aspencore.org for more information.
3. Councilman Frisch said regarding the rooftop access, he does not want to open a can of worms of
adding residential to the core. It is best for the community to keep further residential out of the
core but this request may be worthy of a discussion.
4. Councilman Frisch said better bear cans are ok. He is not sure about increasing fines or food
drops but open to listen to anything.
5. Councilman Frisch said the employee generation study update will not be until November. It is
hard to have a discussion without getting that back. Once budget is over he would like to discuss
it at a work session.
Regular Meeting Aspen City Council October 13, 2014
3
6. Councilman Romero said he is in favor of not increasing the parking fees as part of the budget.
7. Councilman Romero is in favor of a separate and independent agency conducting an analysis of
the parking program and the disconnect of revenues.
8. Councilman Romero said he agrees and is empathetic with the housing impacts of local home
owners. He is happy to have a special work session if required.
9. Councilman Daily said he agrees that an independent review of parking is appropriate.
10. Mayor Skadron said the independent audit is happening. There is an independent citizen review
board comprised of Howie Mallory, Peter Loras and Jenny Elliot. They are in the process of
scope and work. Steve Barwick said the citizen board is interviewing the auditors. Mayor
Skadron relayed the request for the audit to the city manager. Councilman Romero said it may be
more productive to deploy an outside agency.
11. Mayor Skadron compliment the Aspen high school football team. The homecoming game was a
hard fought match in the rain and he is proud of the Skiers
12. Mayor Skadron asked for the status of the bear proof garbage cans. Mr. Barwick said new tops
are ordered and they changed the way they are doing pickup. They are not putting plastic liners
in the cans in the evening anymore since the bears can pull out the liners. By next spring all the
lids will be replaces. Councilwoman Mullins asked about the management of the recycle center.
Mr. Barwick said they have received lots of complaints. The facility is managed by Pitkin county
and under contract by waste management. The county has changed the way they manage it and
are working on a longer term solution.
BOARD REPORTS
1. Councilman Romero said the RFTA five year strategic plan is progressing. The 2015 budget is in
process with the first review at next month’s meeting.
2. Councilman Daily said the five year RFTA plan is informative and glad they put it out.
3. Councilman Frisch said the Nordic Council is finalizing its master plan.
CONSENT CALENDAR
Resolution 114 – stormwater cleaning services.
Councilwoman Mullins asked if the cleaning is done periodically. April Barker, engineering, said the
large vaults are cleaned two to three times per year. The streets department cleans inlets and pipes
annually but they only clean trouble areas then what they can get to. Councilwoman Mullins asked how
often will we spend $72,000. Ms. Barker said some portion will be cleaned annually and that contract
may range between 50,000 - 100,000 dollars until the system is clean and problem spots identified.
Councilwoman Mullins asked what they do with the sediment. Ms. Barker said they store it temporarily
to remove the water then take it to the landfill once dry. This year it will be stored at the Burlingame
construction site. Councilwoman Mullins asked if there is any value in it. Ms. Barker said some of the
material from glory hole pond will be used at Rio Grand park.
Councilman Frisch asked if the money was budgeted. Ma Barker said it is part of the operating budget.
Resolution 129- Mill Street bridge repair project.
Councilwoman Mullins asked if most of the repairs will be to the pedestrian paths. Adam Racette,
engineering, said it is a minor repair to the paths. Demolishing the curb will eliminate any future runoff
concerns and increase the integrity of the path. The path will remain open to pedestrians during
construction.
Mayor Skadron said it is not yet a safety hazard but soon will be. Mr. Racette agreed.
Regular Meeting Aspen City Council October 13, 2014
4
Resolution 123 – Twin Lakes water agreement.
Phil Overeynder, water department, said they have been working on this for 15 years. It is a junior water
right and is filed after the right for the principle diversion structures. Over the last decade there was an
impasse over reaching an agreement.
Councilwoman Mullins asked why Twin Lakes were able to obtain the junior water rights. Mr.
Overeynder said under water law anyone can apply for use. There is sufficient water to be diverted. Our
case demonstrated there was an impact to the junior water rights. Councilwoman Mullins asked about the
rate of release and where it is released. Mr. Overeynder said it is released from Grizzly reservoir. This
enables us to store water in the upper reaches of the water shed and release so it will be available for the
late irrigation season. There is an additional 200 acre feet of water available. He said we already have a
program for a schedule of release for the hunter creek/ twin lake exchange
Mayor Skadron said the request for funds of $25,000 is to initiate a joint study and legal fees. Mr.
Overeynder said Council approved that in 2001 and there are no additional financial costs. He said the
money was already spent and we are just realizing the benefit of it now through the agreement.
Resolution 124 - Manned visual inspection of raw water pipes.
Mayor Skadron said the funds are available in the water capital fund under the line item castle creek head
gate. He said the money was requested in 2013 but there is no carry forward to 2014 and asked why.
Dave Hornbacher, water department, said that capital project carry forward was not absorbed into 2014
by named project. The funds were brought forward as a single unit. Mayor Skadron said he did not see
project in 2014 but did see in 2013. Mr. Barwick said when the funds are not expended in 2013 they are
re-appropriated in the spring of 2014 but not in the written book for 2014. It is a supplemental to move
from 2013 to 2014.
Mayor Skadron said the line items in the budget are for 25,000 each but request is for 53,000 and asked
where the extra money is coming from. Mr. Hornbacher said it is covered with a similar project
associated with maintenance.
Resolution 126 – Smuggler/Hunter surface drainage master plan.
Mayor Skadron said the $50,000 change order is because the data indicates what was originally needed
may by be more. Ms. Barker replied the old hydrology was used for the original amount. With the new
hydrology the recommendations and pipe size may be smaller. Mayor Skadron asked why we are not
planning conservatively with the expectation of a 100 year event. Ms. Barker said we should be planning
for a 10 year event through our pipes and a 100 year event through the streets. Mayor Skadron said the
probability of an event does not satisfy the necessary threshold.
Councilwoman Mullins said the 100 year event will be a smaller event based on the new report and may
potentially save money on future on infrastructure.
Regular Meeting Aspen City Council October 13, 2014
5
• Resolution #114, Series of 2014 – Stormwater Cleaning Services
• Resolution #129, Series of 2014 – Mill Street Bridge Repair Project Construction Contract
Approval
• Resolution #123, Series of 2014 – Agreement with Twin Lakes Company Regarding Mitigation
of Impacts Associated with Exercise of Junior Water Rights
• Resolution #124, Series of 2014 – Manned Visual Inspection of Concrete Pipe in Raw Water
System
• Resolution #126, Series of 2014 – Smuggler/Hunter Surface Drainage Master Plan – Change
Order Approval
• Resolution #128, Series of 2014 – Toro utility Vehicle Contract Approval
• Resolution #125, Series of 2014 – Burlingame Ranch Phase II Landscape Maintenance Contract
• Minutes – September 22, 2014
• Resolution #130, Series of 2014 – Burlingame Phase II Construction Contract Change Orders
Councilwoman Mullins moved to approve the consent calendar; seconded by Councilman Frisch. All in
favor, motion carried.
Ordinance #34, Series of 2014 – 1235 Mountain View Drive (Messiah Lutheran Church) Ordinance
Amendment.
Jennifer Phelan, community development, said this is to amend an ordinance from 1991 to allow
additional options for affordable housing mitigation on the site. This site has historically been home to
the Messiah Lutheran church. The new owner would like to convert the property to a residence. In the
early 1990’s the site was approved to allow for a 3 bedroom affordable housing unit to house the minister.
This housing was required mitigation for expansion of a downtown commercial building. The request is
to amend the ordinance to allow for additional affordable housing options. Staff is recommending
approval on first reading. Second reading is scheduled for November 10th.
Councilman Romero asked for Ms. Phelan’s response to Councilmen Frisch and Romero living on the
same street. Ms. Phelan stated both Councilman Romero and Frisch live on Mtn. View drive. It looks
like they are beyond the 300 feet of property. Jim True, city attorney, asked if they received notice. Ms.
Phelan said the notice had not gone out yet.
Councilman Frisch asked if something like this issue has come up before. Ms. Phelan said this is unique
and not since she has been here. The church use was considered a civic use. The minister needed a place
to live and it worked out for the bank to put housing on the site.
Councilman Daily asked if the proposed residential square footage is consistent with the existing size of
the church. Ms. Phelan said that is hard to pin down. The old minutes say they were approved for a
duplex. The architect will need to deconstruct to meet the conformity.
Councilman Daily moved to read Ordinance #34, Series of 2014; Seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 34
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE
Regular Meeting Aspen City Council October 13, 2014
6
NO. 20 (SERIES OF 1991) FOR THE PROPERTY LOCATED AT 1235
MOUNTAIN VIEW DRIVE
Councilman Romero moved to adopt Ordinance #34, Series of 2014 on first reading; seconded by Councilwoman
Mullins. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes.
Motion carried.
Ordinance #32, Series of 2014 – Authorizing the Issuance of 2014 Parks and Recreation Bonds.
Don Taylor, finance department, introduced Steve Jeffers, underwriter. This bond issue will pay for the
acquisition of the Dolinsek property and five other parks projects that were in their capital plan. The
ordinance was written so that council can redirect those funds to other parks projects. The second aspect
of the ordinance is to refund a portion of the 2005 parks and recreation bonds. This will result in around
$160,000 in savings. The net interest costs as of today are just under 2.3 percent.
Mayor Skadron asked if that is the reason for the emergency ordinance. Mr. Taylor said yes it is to
protect the rates. The rates can go either way and they are good now. Mayor Skadron asked if they are
confident they will sell. Mr. Jeffers said yes, Aspen is a double A rated credit. The demand for double A
paper is phenomenal. It is bank qualified and will sell very easily.
Councilman Romero said he did not see the notion of the emergency play in the memo. He said he was
not focused on the fact we are using the emergency ordinance pathway. It will still be sound in the
market in 30 days from now. The notion of deploying the emergency route is one of convenience. Mr.
True said the emergency ordinance section of the charter, 4.1, states the emergency ordinance for the
preservation of public property is authorized. The same type of item has been presented to Council
before. Councilman Romero said it has been awhile that a bond issue has not been an emergency
ordinance. Mr. True said the advisors have always suggested to do as an emergency. Councilman
Romero said it is mitigating the risk of what can happen in the market place. Mr. Jeffers said there are a
fair amount of bond issues coming to market especially school bond issue. Councilman Romero said he
does not see those dynamics changing in next 30 days. The compelling evidence is the fact we have used
it in the past. It is real and there is risk. Mr. True said this does require two meetings and will come back
in two weeks.
Councilwoman Mullins asked to explain emergency ordinance. Mr. True said it is handled as an
ordinance through two meetings and we are treating it like a standard ordinance. It will take effect as
soon as it passes at second reading instead of waiting 30 days. Councilwoman Mullins said she
understands the Dolinsek property but $900,000 for something in 2016 it’s unclear why that is part of an
emergency ordinance. She does not think we should take the emergency ordinance lightly. She does not
see the emergency in the projects other than Dolinsek. Mr. Taylor said the emergency relates to locking
in the rates not the projects. It would not matter what is on the list it is locking in very favorable rates
while we can. Councilwoman Mullins said it is funny to describe it as an emergency. It would apply to
something that is a threat to safety or a potential loss to the City. Mr. Taylor said they would lose the
ability to lock in the rates. There is the two week waiting period where the public can speak their peace.
The only thing different is the referendum period. Mr. True said the charter states other grounds for
emergency; health, peace and safety. He is not suggesting those are at issue. The charter does not require
a public hearing but it has been scheduled.
Regular Meeting Aspen City Council October 13, 2014
7
Councilman Frisch said the reasons are market risk and to limit the ability to recall. He said neither of
them are worthy of emergency designation. Part of our strong bond rating is on an unanimous show of
support. He will support what finance is asking for. It will have two readings with a public hearing. If it
turns into a problem then it can be readjusted. From a paperwork standpoint he should not have to search
out the fine print for emergency. Under request of Council it should state it is an emergency.
Councilman Daily said he is comfortable with the emergency ordinance approach. He is pleased with the
two week period and public hearing. It may not be necessary to do it this way but we are reducing risk.
Mayor Skadron said he concurs with Councilman Daily. It is an appropriate mitigation of risk to the
community.
Councilman Daily moved to read Ordinance 32, Series of 2014; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 32
(SERIES OF 2014)
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF
ASPEN, COLORADO, OF ITS PARKS AND OPEN SPACE SALES TAX
REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014, FOR
THE PURPOSE OF ADVANCE REFUNDING A PORTION OF THE CITY’S
PARKS AND OPEN SPACE SALES TAX REVENUE BONDS, SERIES 2005B
AND PURCHASING AND IMPROVING TRAIL, RECREATION AND OPEN
SPACE PROPERTIES AND ANCILLARY FACILITIES; PRESCRIBING THE
FORM OF THE SERIES 2014 BONDS; PROVIDING FOR THE PAYMENT
OF THE SERIES 2014 BONDS FROM THE SAME REVENUES PLEDGED
TO THE PAYMENT OF THE SERIES 2005B BONDS TO BE REFUNDED
(CONSISTING OF THE CITY’S ORIGINAL 1.0% OPEN SPACE SALES TAX
AND ITS ADDITIONAL 0.5% OPEN SPACE SALES TAX); PROVIDING
OTHER DETAILS AND APPROVING OTHER DOCUMENTS IN
CONNECTION WITH THE SERIES 2014 BONDS; DELEGATING THE
AUTHORITY TO MAKE A FINAL DETERMINATION OF CERTAIN TERMS
OF THE SERIES 2014 BONDS; DIRECTING OFFICERS OF THE CITY TO
EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH SUCH
REFUNDING BONDS; AND DECLARING AN EMERGENCY
Councilwoman Mullins moved to adopt Ordinance #32, Series of 2014 on first reading; seconded by
Councilman Frisch.
Councilman Romero said council has exercised this path previously. We are conducting a properly
noticed public hearing. The only thing the emergency ordinance is truncating is the referendum period.
He supports the process.
Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes.
Regular Meeting Aspen City Council October 13, 2014
8
Ordinance #33, Series of 2014 – Code Amendment: Transferable Development Right Certificates
(TDRs).
Sara Adams, community development, told the council TDRs are created on landmarked sites and are
valued at 250 square feet of floor area per certificate. The purpose of the amendment is to preserve
landmarks, maintain a viable program and to not impact neighborhood character. The general premise is
the proposal works within the current house size allowances. It allows a single family home on a large lot
to catch up to the floor area allowed for a duplex. This would only apply to zones that allow a duplex.
For example, in the R6 zone the current code allows just over, 3200 square feet of floor area on a lot less
than 9,000 square feet and a duplex is not allowed. The code allows one TDR per residence. The max
floor area for a single family home is 3,490. A large lot greater than 9,000 square feet would support a
duplex and a single family home is allowed 3,660 square feet. A duplex is allowed just over 4,000.
Duplexes are allowed 400 more square feet of floor area than a single family home. Duplexes can land
two TDRs adding 500 square feet to the baseline. The proposal is to allow a single family home to catch
up to what a duplex is already allowed. It would add two more TDRs to land on a single family home.
This proposal relates only to single family homes on larger lots. Staff feels the neighborhood impact
would be minimal and recommends Council adopt on first reading.
Councilwoman Mullins asked what the site coverage for R6 is. Ms. Adams said the site coverage
requirements would not change. If three TDRs were landed you still have to work within the confines of
other requirements. Councilwoman Mullins said a single family home with TDR’s would still be smaller
than a duplex and it is hard to argue against.
Councilman Frisch said we just approved a bunch of landing sites at Maroon Creek. To go from one to
three in addition to what we just did at Maroon Creek may be too fast too much. Anyone who has a
chance to put up a duplex does because they get an extra 400 square feet. Should duplex be larger than
single family homes. He asked for the philosophy behind why duplex are allowed to be larger than single
family home. He wants to widen the use but doesn’t want to open the flood gates. He also asked about
conflicts of existing variances. Will the maximum now become the minimum. Site coverage supersedes
the use of TDRs. Ms. Adams said there is always a maximum but it may not be achievable which is why
they allow for applicants to apply for variances. This amendment would not supersede any dimensional
requirements.
Councilman Daily asked what is the original purpose of the difference in allowable FAR between single
family and duplex. Ms. Adams said it incentivized duplexes and more density on the lot. She said she
will have more information at second reading.
Mayor Skadron asked if it possible to identify the landing sites. It results in applicants asking for things
that are not allowed as written. Ms. Adams said it is not possible to identify every site in the city it would
apply to. She can show where these zone districts are but not every home. An applicant would have to
go through a variance process to request changes.
Councilman Frisch asked when a deal happens are they printed in the paper or recorded. Ms. Adams said
they are recorded. Councilman Frisch wants to know how healthy the TDR program is and would like to
see the dates and prices.
Regular Meeting Aspen City Council October 13, 2014
9
Mayor Skadron said the genesis of this request flows from our desire of historic preservation. He asked
how many historic properties are out there that we are trying to protect. Ms. Adams said it is definitely
more than one. This program also applies to already landmarked properties and it is hard to anticipate
how many will come in. It removes development pressure from the landmark. Mayor Skadron asked
what the inventory of historic assets we are trying to protect is. Amy Simon, community development,
said it is not something they can really guess. They are seeing properties that would be considered done
but are being refurbished. Ms. Adams said there are almost 300 landmarks. Ms. Simon said properties
that were renovated in the 1980’s are being changed back to their original state.
Councilwoman Mullins said they are tools for historic preservation. If the City supports the program
they need to support TDRs. People will come in asking for variances. Currently a single family is
allowed one. She asked if it would be a problem to have the ordinance allow two and if works change to
three. It is one of the most valuable historic preservation tools. She said it is upsetting when it gets
abused from someone who gets a 500 square foot bonus then sells two TDRs.
Councilman Frisch moved to read Ordinance #33, Series of 2014; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE No. 33
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.710 ZONE DISTRICTS, OF THE CITY OF ASPEN LAND USE CODE.
Councilman Frisch moved to adopt Ordinance #33, Series of 2014 on first reading; seconded by
Councilman Daily. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Romero, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
Ordinance #28, Series of 2014 – 1006 E. Cooper Avenue – Transferable Development Rights.
Ms. Simon told the Council this is a 4,400 square foot lot with a Victorian house on it. The applicant is
going to restore the home and remove the non-historic additions. They are proposing to build a 1,700
square foot addition. The owner would like to sell the square footage they are not using as two TDRs.
Staff is recommending approval.
Councilman Frisch said in the past applicants have asked for a bonus then sold it and the applicant is not
doing that. Sara Upton, representing the applicant said they originally had approval for a structure 160
square feet larger. They thought how can you ask for a bonus then sell it.
Councilman Mullins said she appreciate a project that don’t max out the site.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #28; seconded by Councilman Frisch. Roll call vote;
Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion
carried.
Regular Meeting Aspen City Council October 13, 2014
10
Resolution #127, Series of 2014 – Policy Resolution – Double Basement Code Amendment.
Chris Bendon, community development, said this policy resolution provides staff with general direction
to come back with an ordinance. They did outreach through two sources including the community
development newsletter. It went to around 650 people asking if they felt there was an issue the City
needed to engage in and thoughts on the draft language. They did not get an extensive amount of
feedback but what they did get was across the board. They also did outreach with P&Z and HPC. It also
ran the gamut of responses. Mr. Bendon showed 40 pounds of application for a single family house. He
said it is a really good reason why they need to go to digital. 50 years ago this application would have
been three sheets of paper. The application does have a double basement. There is a single level of
basement normal size and a second level to accommodate a basketball court. If adopted this would give
direction to amend the land use code. There are also discussions including changes to construction
management. The resolution does not address that piece. Staff is recommending approval.
Mayor Skadron said the exhibit suggests the complexity of projects coming before them. Mr. Bendon
agreed.
Councilman Romero said it is not all driven by the private sector but by increased regulations. Mr.
Bendon said this is a new phenomenon but as the value of land and development potential scarcity the
next place to go is down. Councilman Romero asked Mr. Bendon his view that the natural governor may
be the expense of doing this and what he says to the spare no expense projects. Mr. Bendon suggests that
typical constraints don’t apply as rigorously here. Some people can do things because they want to not
because it makes economic sense. Councilman Romero said in that line of thinking, how much
consideration was given to the notion of an absolute prohibition. Mr. Bendon said he has some options
for council to consider. The resolution was worded to amend the land use code to curtail the development
of double basements and extra deep basements in residential areas due to their significant construction
impacts on neighboring properties and on the community. He said it is broad enough to consider floor
area limitations or an outright prohibition.
Councilman Daily stated he agrees with Staff’s initial findings that there is a community interest in
limiting these excavations. They take significantly longer and have more significant impacts to
neighbors. He said he can’t find a reasonable justification for the double basement concept.
Councilman Frisch said they are heading towards the right path. The amount of energy and resources
needed are one thing and the time and hassle and disruption to neighbors and the community are another.
He said he is open to hearing from the public. He wants to make sure people have the ability to build a
great basement and is supportive of something between 14-17 feet.
Councilwoman Mullins said we are not there yet and need to take a couple steps back. We need to figure
out what the problem we are trying to solve is. Is it construction impact or environmental. What is it
exactly. We need to define what we are trying to solve. One fear is someone figures out a way to get
around the problem. When we legislate to solve a particular problem it leaves room to figure out a way
around the problem. We are solving one thing but creating another problem. We can formulate a policy
if we better understood what is creating the impact.
Councilman Frisch said if it was just 15 feet there would not be a problem. We are combining a single
level with height restriction. Mr. Bendon said you would not be able to stack basements. The
excavations are logarithmic that the deeper you go the more impactful it is. Mayor Skadron said it is
Regular Meeting Aspen City Council October 13, 2014
11
essentially a loophole that clever architects have found in land use code. This type of growth is
Inconsistent with the history, scale and context of our built environment and he is absolutely opposed to
it. We should move aggressively and shut this down. Councilwoman Mullins stated she is afraid if we do
something as specific as this the next guy will figure out a way around it. She would rather legislate
against the impacts that these basements are creating. It’s the noise and where do you put the material
excavated. Mayor Skadron agrees but it is not a threshold issue. There is a value proposition here and
Council needs to make an expression of that. The community should not be re-interpreted by everyone
who comes here. He related it to the Dancing Bear who wanted their own private tunnel.
Councilwoman Mullins said she is not for a double basement but a more general restriction like the
amount of excavated material per FAR. Mr. Bendon said there is more than one technique to apply.
There are also policies regarding ongoing construction impacts. Councilwoman Mullins suggested to
change the code to include basement as FAR. Mr. Bendon said basements are largely exempt and only
count if exposed. If it doesn’t matter if basement walls are exposed or not what would likely happen is
every place with a basement would excavate around the perimeter for additional daylighting and walk
outs.
Councilman Romero said he is in the Mayor’s camp. It is not just the construction impacts. It is the
added program, density and uses that occur. It will require more service and upkeep and a long term
effect. He agrees with Mr. Bendon that the policy that governs how basements are treated has a good
degree of balance. The technique most appropriate would be an absolute depth and one level. It would
preserves all the core benefits of existing code. It is no different than an absolute height or FAR limit.
Councilman Frisch said it is an addition never thought about as a community.
Councilwoman Mullins said she supports what Councilman Romero says. Something as restrictive as
possible with least likely to find a way around.
Mayor Skadron opened the public hearing.
1. Steev Wilson said the project being called out is not the only one deeper than 15 feet going on.
There is an impact of sloping sites. It is prudent to think about how those sites would be affected.
From an energy impact standpoint, basements produce extensive energy portfolios. They use
20% of the energy of the portions above grade. It was once thought of as a green strategy and are
long term energy efficient structures. If they are looking to mitigate the problems do it through
construction mitigation. The impact is to roads, landfills and public amenities.
Councilman Frisch said the question is how much energy does it take. He is concerned about the landfill
and concerned about the duration it takes. He said Mr. Wilson raised a good point about sloped sites. He
asked for examples of slopes and what does 15 feet look like on a non-flat site.
Mayor Skadron asked Mr. Wilson if his primary concern is with the 15 feet language. Mr. Wilson said he
is less concerned with the elimination of double basement. It may affect sites that are already limited by
slope.
Mayor Skadron closed the public hearing.
Councilman Frisch moved to adopt Resolution #127, Series of 2014; seconded by Councilwoman
Mullins. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Daily, yes; Mullins, yes; Mayor
Skadron, yes. Motion carried.
Regular Meeting Aspen City Council October 13, 2014
12
Ordinance #31, Series of 2014 – Code Amendment Double Basements.
Mr. Bendon said the ordinance as drafted would implement a floor area penalty for space deeper than 15
feet from the finished grade. Two issues from the design community include sites that have steep slopes
and how to treat crawl spaces. The industry has moved to crawl spaces as a sub-basement level. The
code was recently amended to allow 5.6 foot height to accommodate mechanical that does not count.
Staff’s response is the crawl space amendments are working well. For any moderately sloped site it
could be accommodated. For very steep sloped sites they may have additional sensitivity around cuts
that deep. These sites are already a difficult property and may result in a stepped nature to a basement.
Another way to look at it may be a sites with over 20% slope get a 20 foot cut instead of 15.
Mr. Bendon passed out the code language for discussion.
Councilman Frisch asked if there is an absolute maximum in the code pertaining to height. Mr. Bendon
replied there is none.
Mr. Bendon reviewed the options. Option A is how the ordinance is written and counts basement spaces
deeper than 15 feet towards the floor area. There is a floor area penalty but no prohibition from going
deeper. Option B sets an absolute limit of one story with a 15 foot maximum. Options C and D address
excavation depth opposed to depth of finished product. Every project will have a different footer
technique or hit a boulder. There may be some technical challenges with this.
Councilwoman Mullins stated she supports option C. It solves the problem best. If someone has to get a
variance to remove the boulder or make the basement smaller because they can’t remove it the challenge
is up to the architect. The complaints Council have heard are about the excavation and the impacts of it.
Councilman Frisch said you could make the maximum excavation depth more than 15 feet for wiggle
room. He is not sure that A and B are that different. A allows a 30 foot dig if someone wants to. He
likes some variation of B and would like to get out of the floor area discussion.
Councilman Daily stated he is leaning towards option B.
Councilman Romero also supports option B. He does not want to get in to governing the depth of the
excavation.
Mayor Skadron asked for the difference between B and C. Mr. Bendon replied option B regulates the
floor level of the finished product. C only allows for a 15 foot deep hole. Mayor Skadron also supports
option B
Councilman Frisch said he can give C a bit more support. He can’t think why someone would want to
dig deeper than 15 feet but they are. He said if there are too many holes in B that maybe we should look
at option C.
Councilman Romero moved to read Ordinance #31, Series of 2014; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE #31
(SERIES OF 2014)
Regular Meeting Aspen City Council October 13, 2014
13
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENT TO THE CITY
LAND USE CODE SECTION 26.557.020 D8 REGARDING SUBGRADE AREAS OF SINGLE
FAMILY AND DUPLEX BUILDINGS.
Mr. Bendon included amendments to change the code section to 26.575.020 striking D8 and exchange
the language from option B in the exhibit for the language in section 2.
Councilwoman Mullins moved to adopt Ordinance #31, series of 2014, with amendments; seconded by
Councilman Frisch. Roll call vote; Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Romero, yes;
Mayor Skadron, yes. Motion carried.
Councilman Frisch moved to adjourn at 7:40pm; seconded by Councilman Romero. All in favor, motion
carried.
Linda Manning
City Clerk