HomeMy WebLinkAboutminutes.council.20101108 Regular Meeting Aspen City Council November 8, 2010
SCHEDULED PUBLIC APPEARANCES 2
CITIEN PARTICIPATION 3
COUNCILMEMBER COMMENTS 3
GIVEN INSTITUTE 4
CONSENT CALENDAR 7
• Resolution #90, 2010 - Contract for Compost Grinder 7
• Resolution #91, 2010 — Amendment to Wheeler Basement Design Contract 7
• Minutes— September 8, 20, October 12, 25, 26, 2010 7
ORDINANCE #28, SERIES OF 2010— Revised Historic Preservation Aspen Modern 7
RESOLUTION #92, SERIES OF 2010 — 604 W. Main Extension of Vested Rights 9
ORDINANCE #23, SERIES OF 2010 -1102 Waters Avenue Ordinance #48 Negotiations 10
ORDINANCE #24, SERIES OF 2010 - Supplemental Appropriation 11
ORDINANCE #17, SERIES OF 2010 — Code Amendment — Signs 11
ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations and Measures 12
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Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland called the meeting to order at 5:03 PM with Councilmembers Torre, Skadron,
Romero and Johnson present.
SCHEDULED PUBLIC APPEARANCES
Ruthie Brown, Healthy Rivers and Streams, and Tim McFlynn told Council they are organizing a
two step committee process to examine the Castle Creek hydropower project. The first step is to
assemble independent experts which group will be comprised of a water lawyer, water engineer,
aquatic biologist, a hydro expert and an environmental lawyer. The group will get copies of all
records from the city water department. The second step is a community mediation process
which will start as soon as possible after the panel of independent experts issue their report
looking at assumptions, questions asked and the responses given, and some analysis. Owen
Olpin, a mediator from Utah, will direct the committee which will be made up of Steve Barwick
and Dave Hombacher from the city, John Ely representing Health Rivers and Streams, Nathan
Ratledge, CORE, Auden Schindler, Aspen Skiing Company, John Katzenberger, Sharon Clark
and Tom Cardamone, ACES and 5 landowners from the Maroon and Castle Creek caucuses.
The mediator has recommended including two disinterested citizens who are suggested be
Robert Musser and Bill Budinger. The goal of step 2 is to strike an appropriate balance between
protection of the stream flows and expansion of renewable energy sources. McFlynn thanked
Council for letting them try to move this forward in a productive way.
Councilman Romero asked how this will mesh with the FERC process. Steve Barwick, city
manager, told Council the land use approval in front of Council will be continued until this group
has issued its findings. Dave Hornbacher, water department, said the processes can go on
concurrently and this does not inhibit the city's draft application for a FERC permit.
Councilman Romero said he does not want the city to get too far forward on any application with
the federal process that would prevent the city from being able to respond to this process. Ruthie
Brown told Council Healthy Rivers and Streams can be part of the FERC permit process so they
are informed of the process.
McFlynn said Council continued the land use approval and created time to organize this process,
and then the city filed for the draft FERC application, and Council should be mindful that the
committee is trying to take a responsible amount of time to allow the process to come to fruition.
McFlynn noted there is a public comment period on both the draft and the final FERC permit
applications. Councilman Romero asked about putting the FERC process on ice. Barwick asked
if the city can request that the public comment period be extended. Hombacher said he would
ask if that is possible. McFlynn requested city staff inform everyone involved of the status of
that request so that no one is forced to act. Mayor Ireland said the city needs to make a decision
one way or the other in a diligent manner.
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Regular Meeting Aspen City Council November 8, 2010
Ken Neubecker, Western Rivers Institute, requested city ask FERC for an extension on the
comment period so that everyone can see the report from the public forum. Neubecker asked
that all the information be available on the website. Maureen Hirsch told Council she called
FERC and the draft is in the 60 days public comment period. If a final draft application is filed,
there is another 60 day public comment period. Tom Hirsch said there does not seem to be a
way for the public to get into a conversation with Council about this issue. Mayor Ireland
explained that the land use issue is a quasi judicial process and Council cannot have ex parte
contacts about issues in that process. Mayor Ireland said Council has to balance between a give
and take exchange and being filibustered. Mayor Ireland said there is no objection to extending
the comment period and give the process more time. Councilman Romero agreed he would like
the independent process preserved and honored. Yasmine dePagter said she hoped the FERC
process could be put on hold until the mediation is complete. Ms. dePagter said it is premature
to file for that permit.
CITIEN PARTICIPATION
1. Mike Maple brought up the proliferation of signs put up by the government on Main
Street, 3 per block. Maple said he feels the city government is going overboard with these signs.
Maple said on the mall across from the Wheeler, there are at least 4 signs stating "Walk Only ".
There does not need to be that many signs telling people to walk their bikes in the mall. Maple
noted the ultimate locally serving business, City Market, is closed for remodel and requested the
city do everything they can to expedite the improvement so City Market can re -open.
2. Emmy Veazy brought up priorities and local business should be first priority. Veazy said
there should be exit interviews with city employees to find out why they are leaving.
3. Bill Wiener asked if there will be a bin to recycle cooking oil at the new recycle center.
Lee Cassin, environmental health department, said there will not be but she will contact Wiener
about places that will accept recycled oil. Wiener noted that bicyclists do not follow the rules of
the road, like obeying stop signs. There is nothing one can do because there are no license
plates. Wiener suggested requiring bicyclist have a local plate of 2 or 3 digits so that people can
report scofflaws to the police department.
COUNCILMEMBER COMMENTS
1. Councilman Torre noted the ladies hockey team from Chamonix is in Aspen and there are
opportunities for locals to get involved, besides going to the hockey games.
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Regular Meeting Aspen Citv Council November 8, 2010
2. Councilman Johnson said the high school football team beat Carbondale and will be in
the play offs, a home game this Saturday at 1 PM. Councilman Johnson encouraged everyone to
go out and cheer.
3. Councilman Romero said the lodging tax, question 2A, passed and this will enable a
more comprehensive marking program on behalf of Aspen's lodges, retail and restaurant
businesses.
4. Councilman Skadron said the city and ARC hosted the fall face off hockey tournament
with over 90 hockey games. Councilman Skadron said these were well attended and a great
benefit to the community, especially during the off season. These games introduce Aspen to
people who may not otherwise come to Aspen. Councilman Skadron complimented the ARC
and city staff.
5. Councilman Skadron said Aspen Film is starting their screening process for filmfest and
it is a chance for community members to get involved in viewing films and rating them.
6. Mayor Ireland noted 1776, the play, is at the Wheeler. Everyone should get out and see
it.
7. Mayor Ireland congratulated the winners from the November election, including Rob
Ittner, county commissioner, and Gail Schwartz, state senator.
8. Mayor Ireland said the girls' hockey team played a great game and lost in the last few
minutes.
GIVEN INSTITUTE
John Worcester, city attorney, told Council the city is in negotiations with the University of
Colorado on the Given Institute. Worcester said as part of this, Council should deny the
rezoning ordinance and the Ordinance #48 negotiations should be continued. Bart Johnson,
representing SC Acquisitions, told Council they are under contract to purchase the Given
property from CU. The proposal is to preserve the Given either as a non -profit that the city
would be involved in the mechanics of or after a year, the building would be preserved as either
a duplex or single family residence. Mitch Haas, representing SC Acquisitions, told Council the
goal of this plan is to preserve the Given building on its own lot and create 3 residential lots
around it. The Given building and site will be landmark designated. This plan will go through a
full Ordinance #48 review and full public process, starting with a joint HPC and P &Z review
before public hearings at City Council. Haas said the proposal is to subdivision the property
into lots that are compatible with the surrounding R -6 zone district. Haas said there is enough
land that could be subdivided into 14 lots and the applicants are only proposing 4 lots.
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Regular Meeting Aspen City Council November 8, 2010
Johnson said once there is an approval and the applicants can close the deal with CU, the city
will then have a one -year lease on the Given building for $1 /year plus maintenance expenses,
during which there will be an option to purchase, assignable to non - profits. If the city does not
exercise that option, the land owner can convert the building to a single family or duplex
residence subject to historic preservation. Johnson said the goal is to preserve both the building
and the uses with the fallback of preserving the building even if non - profit uses turn out to not be
feasible. Johnson said the purchase price if the city exercises the option is $3.75 million plus
recouping development fees that have been paid by the applicant. Mayor Ireland asked about
denying the rezoning and then the applicant applying for a demolition permit. Johnson said that
is up to CU, not his client and in exchange for the denial of the rezoning, CU has agreed not to
exercise its rights on that permit until the Ordinance #48 negotiation is complete. Johnson said
this is the beginning of a process. Amy Guthrie, community development department, told
Council the schedule is a joint HPC and P &Z meeting early January with first reading in front of
Council the end of January and public hearings in February. The proposed closing date is
March.
Mayor Ireland asked how this compares to what could be done if CU demolished the building
and came in with a development application. Chris Bendon, community development, said 14
lots would be difficult considering the infrastructure and access that would have to be part of any
development. Bendon said this plan is in line with expectations for the property. Mayor Ireland
said this property is about 2.2 acres and this proposal would have '/z acre /unit. Bendon said the
R -6 zone district has 6,000 or 9,000 square foot lots, in general; these lots will be larger than
other typical west end lots. This will be a less dense development than is the west end. Ms.
Guthrie told Council the Given building is one of the most important unaltered modernist
structures in town and represents the Aspen Idea of mind, body and spirit. The building is
actively used today as a meeting place. It is significant as both architectural preservation and
community uses.
Mayor Ireland opened the public hearing.
Mayor Ireland moved to deny Ordinance #22, Series of 2010; seconded by Councilman Skadron.
Roll call vote; Councilmembers Skadron, yes; Romero, yes; Torre, yes; Johnson, yes; Mayor
Ireland, yes. Motion carried.
Ordinance #48 Negotiations
Worcester told Council he is authorized to state that CU consents to extending the Ordinance #48
negotiations to January 11, 2011. Mayor Ireland asked if extending these negotiations
prejudiced the city from having HPC and P &Z review. Worcester said CU understands that will
be part of the process. Mayor Ireland asked why the negotiations are not extended through the
projected closing date. Worcester said CU is concerned about the property being off the market
for so long.
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Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland moved to extend Ordinance #48 negotiations through January 2011; seconded by
Councilman Johnson.
Councilman Romero asked about the maintenance costs to the city during their potential lease
period and if that is a hard and fast position. Johnson said it is a fast position. Johnson said his
information from staff is that the city may or may not try and operate the building during that one
year or just mothball the property. The owner will let the city do that as long as the city pays the
costs whatever the operation. Scott Miller, asset manager, told Council it would cost about $20
to $30,000 to mothball the property. Councilman Johnson said the one year time to find a buyer
seems short and asked if there is the ability to extend. Johnson said until the applicants know
what will happen on this lot, non - profit or single family, they are on hold. The use will change
how the other lots are marketed. This one year is an important time frame.
Councilman Romero asked what size structures could be built on the 3 lots. Bendon said these
lots will be developed according to the R -6 zoning with no special considerations or variances.
These parcels could hold 4500 to 5000 square feet of FAR. Bendon said there is a 15' setback
requirement from the Hallam Lake bluff and the applicants have agreed to observe that setback.
Johnson noted converting the Given to a single family or duplex residence would cost as much as
starting from scratch. Johnson said there will have to be some restriction on uses, like
eliminating large tents and outdoor functions, to take into account the proximity of the single
family residences. Ms. Guthrie pointed out the site plans shows the property divided into 4 parts,
roughly '/2 acre each. Councilman Skadron said it is important for him that this remain a viable
entity and attractive to the users rather than being smooshed by 4 large structures.
All in favor, motion carried.
Council directed staff to enter into negotiations to bring this proposal through the process.
Councilman Torre said he would like to see the Given parcel have more room around it to allow
for nonprofit uses accessibility and breathing area and to preserve the historic asset. Council
thanked CU and the applicants for bring the proposal forward.
10. Councilman Skadron reported on a recent CAST meeting where the Avon public works
directed reported on using effluent waste water to capture and provide heat for public buildings.
Councilman Skadron said the director of Mtrip analyzed the summer 2010, which ended strong
for tourism visits. Councilman Skadron said what are big for tourists are special events, road
bike events and travel with dogs. Councilman Skadron said the lodging tax in Breckenridge was
approved to increase from 2.4% to 3.4% and they have a budget line item to incorporate VRBO
(vacation rentals by owners) and the tax paid on those.
11. Mayor Ireland said he went to Denver for a press conference announcing that Aspen will
be one of the towns for the Quiznos Pro Bike Tour. Mayor Ireland said the tour participants will
spend a night in Aspen. Mayor Ireland said he hopes there is a charity event in Aspen so people
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Regular Meeting Aspen City Council November 8, 2010
can ride the town course. Mayor Ireland said he would like to have a Silver Queen trophy to
award for the Aspen stage.
CONSENT CALENDAR
Mayor Ireland moved to approve the consent calendar; seconded by Councilman Torre. The
consent calendar is:
• Resolution #90, 2010 - Contract for Compost Grinder
• Resolution #91, 2010 — Amendment to Wheeler Basement Design Contract
• Minutes — September 8, 20, October 12, 25, 26, 2010
Councilman Skadron asked about the public outreach for the compost grinder project. Lee
Cassin, environmental health department, told Council some restaurant owners approached her
department indicating they were interested in composting; those who are eligible are already
using compactors. Councilman Skadron asked if the Wheeler contract was bid out. Scott Miller,
asset manager, told Council this is an extension of an existing contract.
All in favor, motion carried.
ORDINANCE #28, SERIES OF 2010 — Revised Historic Preservation Aspen Modern
Amy Guthrie, community development department, told Council these proposed code
amendments would replace Ordinance #48, 2007. Council directed staff to bring forward these
amendments before the end of the year and staff needs to know what further information Council
needs before adoption. This ordinance is similar to the Ordinance #48 process and retains a
system where potential historic resources are identified and are subject to a delay period. This is
a voluntary designation program and is focused on a negotiation process. Staff is working on the
weakest points of the negotiation process to improve it. The Historic Preservation Task Force
made about 26 recommendations and at public hearing, staff will review how these have been
advance or not resolved or followed through. Ms. Guthrie said they are working on the
preliminary scoring and by second reading will need determination from Council about which
styles of architecture are involved.
Mayor Ireland said the initial list should not be solely the function of the community
development's designation but should be reviewed by HPC. Mayor Ireland said there should be
a way for people to get out of this without having to apply for a building permit. Mayor Ireland
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Regular Meeting Aspen City Council November 8, 2010
said removal from Aspen Modern should be at property owner's request to have certainty
regarding their property for the next 5 or 10 years and to find out whether the city wants to
negotiate and try to convince the property owner. Mayor Ireland said if the property owner and
the city fail to reach agreement, the property is off the list for a set amount of time. Mayor
Ireland said some people do not want a demolition permit and want to know that for the next ten
years, they are not on the list. In general, this program is voluntary; the program should be less
fearful and more certain.
Councilman Romero said his issue is the list and he is interested in the concept of doing away
with the map and with the list, taking some anxiety out of the program and opening up the
community to the benefits of Aspen Modern. Councilman Skadron noted the list/map provides a
degree of certainty and the list/map creates anxiety. Councilman Romero agreed the list
provides certainty; however, there is a negative perception around the list. Mayor Ireland said if
a property is not on the list, the owner will know it will not be designated for the next 10 years.
Mayor Ireland said the city should let the properties in whom there is interest know there is
interest and the properties owners can get off the list or start discussions with the city. Mayor
Ireland said people should know what properties the city is interested in for the next 10 years and
no one will wake up and be on the list.
Ms. Guthrie said there has been one designation, some in the works and 2 demolitions over the
past 3 years. Mayor Ireland said the tier system will indicate the importance of structures on the
list. Councilman Johnson said he is not sure the goal of creating a program of resources that is
understandable, predictable and defendable is achievable. Councilman Johnson agreed that
people ought to be able to come in and get their properties off the list. Ms. Guthrie said the
negotiation period is important when all parties talk about the options and this should not be
undermined by being too short.
Councilman Romero said if this is a voluntary program, then requiring things, like a window of
time for negotiating, sends a conflicting signal. Councilman Romero said the city should
continue outreach; continue the suggested improvements to the voluntary program. Councilman
Romero said this is an important body of work and this program resonates with the city's values.
Mayor Ireland asked how the city communicates they are interested in preserving a structure
when there is no list. Councilman Romero suggested contacting property owners and meeting
them to explain the program. Councilman Romero said he feels waiting until the negotiations
are at the Council table is too late. Mayor Ireland proposed property owners are able to make the
case to be added to the list.
Mayor Ireland opened the public hearing.
Jack Wilke said he is encouraged by this conversation; however, he is after the simplest thing —
he wants off the list. Wilke said he does not want anything to do with incentives. Wilke said he
has been on the list for 3 years and has had no discussion with the city. Jim Curtis, representing
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Regular Meeting Aspen City Council November 8, 2010
the Aspen Institute, Music Festival and Aspen Physics, submitted written comments for the
public hearing at the next meeting. Mitch Haas said he believes it is a good thing to be on this
list; the city should keep the list and people should be able to opt in. Haas said his experience is
to tell property owners it is a wonderful thing to be on the list; property owners do not have to
accept the negotiations and can opt off. Chip Freeman said if someone would call him about
this, he might be receptive. Freeman said he likes what he has heard and suggested the city go
and talk to people. Bill Wiener said the ordinance is incomplete; it needs to be both voluntary
and involuntary; the really important structures could be involuntary. Wiener said this is based
on styles and criteria and the city is trying to preserve Aspen's history; people come to enjoy the
character of Aspen.
Councilman Torre moved to read Ordinance #28, Series of 2010; seconded by Councilman
Johnson. All in favor, motion carried.
ORDINANCE #28
SERIES OF 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO
AMENDING THE FOLLOWING SECTIONS OF THE MUNICIPAL CODE; SECTION
26.415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC
LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN H HISTORIC
OVERLAY DISTRICT; SECTION 26.420 BENEFITS FOR PROPERTIES LISTED ON THE
ASPEN INVENTORY OFHISTORIC LANDMARK SITES AND STRUCTURES AND
SECTION 26.535 TRANSFERABLE DEVELOPMENT RIGHTS TDR
Councilman Torre moved to adopt ordinance #28, Series of 2010, on first reading; seconded by
Mayor Ireland.
Mayor Ireland said Council has agreed that staff add a way for people to opt into the program,
communicate to people the way they can opt out, HPC review of the initial list. Councilman
Torre asked staff to look at a way non - classified architectural styles can have a way to opt into
the program.
Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Romero, yes; Torre, yes; Mayor
Ireland, yes. Motion carried.
RESOLUTION #92, SERIES OF 2010 — 604 W. Main Extension of Vested Rights
Sara Adams, community development department, said this is a request for extension of vested
rights for a mixed use project; commercial and affordable housing. There is no free market
residential component. There are two landmarks on the site, one of which straddles this property
line. This is located within the Main street historic district. P &Z granted GMP review. The
project is under the height limit and the allowable FAR.
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Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Mayor Ireland moved to approve Resolution #92, Series of 2010; seconded by Councilman
Romero.
Councilman Torre asked about the treatment of the historic resources. Ms. Adams showed the
site plan and explained the historic resource on Main will move forward on the lot. The shed
straddling the property line will be moved on to one of the properties. There will be a new L-
shaped structure on an adjacent property. There will be no additions to the historic resources.
Councilman Skadron asked about the extension of vested rights and the opportunity to create a
speculative market. Councilman Skadron said he wants to be comfortable that extending the
vested rights returns this project to the community. Chris Bendon, community development
department, told Council the only action before them is extension of vested rights, not whether it
is financeable or buildable.
All in favor, motion carried.
ORDINANCE #23, SERIES OF 2010 —1102 Waters Avenue Ordinance #48 Negotiations
Amy Guthrie, community development department, reminded Council at the last hearing, they
requested some added conditions to this ordinance. Conditions 7 and 8 have to do with requests
for fee waivers, deferral of payments and connecting these to the current ownership of the
property. Councilman Skadron pointed out that HPC recommended no additions to the historic
house; however, this ordinance would allow a 250 square foot addition to the historic house. Ms.
Guthrie said Council's approval is consistent with HPC's recommendation except for the FAR
issue and Council discussed an addition at the previous hearing that might meet the needs of the
property owner. Mayor Ireland said Council agreed the applicants could have an additional 250
square feet on the river - facing side and only if it was approved by HPC. Ms. Guthrie noted the
applicants requested additional FAR and a TDR, which Council reviewed. Mayor Ireland asked
if the condition means any one of the family or all members of the family have to be on the title.
Mitch Haas, representing the applicant, told Council that somehow the property will be in the
family in order to meet the condition about the deferral of the fees. Haas said when the lot split
happens, the new lot will have to be put in one of their names. Mayor Ireland suggested making
this subject to the city attorney crafting language describing these 3 people, and only these 3
people, or some combination thereof own all the units. Mayor Ireland said this house is striking
from the river and he hopes the applicants will not alter that view. It is evocative of a time and
place.
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Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland moved to adopt ordinance #23, Series of 2010, on second reading as amended;
seconded by Councilman Romero.
Mayor Ireland opened the public hearing.
Mike Maple noted this is more a general comment about Ordinance 48 properties. Maple noted
his concern was noted by the HP task force which is that the value and costs of incentives, both
monetary, fee waivers, variances and bonuses, should be analyzed and considered as part of the
process. There should be a detailed list of all the incentives and the estimable value of these
should be included in the resolution or ordinance by Council.
Mayor Ireland closed the public hearing.
Roll call vote; Councilmembers Johnson, yes; Torre, yes; Romero, yes; Skadron, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #24, SERIES OF 2010 - Supplemental Appropriation
Don Taylor, finance director, told Council this is a request to add $1,723,000 to the 2010 budget;
about half the requests have off setting revenues.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Councilman Romero moved to adopt Ordinance #24, Series of 2010, on second reading;
seconded by Councilman Torre.
Councilman Johnson requested a breakdown of the AACP costs of $758,000. Chris Bendon,
community development department, told Council those are several years costs and includes
$250,000 in the 2011 and 2012 budget.
Roll call vote; Councilmembers Torre, yes; Johnson, yes; Skadron, yes; Romero, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #17, SERIES OF 2010 — Code Amendment — Signs
Councilman Johnson said this ordinance will go into effect when restaurateurs and retailers are at
their very busiest getting ready for the season and suggested this be postponed until after the
holidays. Chris Bendon, community development department, told Council staff has been
working on this for months, had several open house work sessions, sent blast e -mails through
ACRA, went on site and visited with retailers. Bendon said he feels the outreach has been
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Regular Meeting Aspen City Council November 8, 2010
sufficient. Mayor Ireland suggested a year sunset for Council to review, see if it worked, hear
complaints. Drew Alexander, community development department, pointed out option A gives
businesses with existing signs one year in which to get a permit, December 2011. Bendon
agreed December 15` is problematic for retailers; October 1 would allow sufficient time to
understand and to become aware of the new sign code but it is not right in the middle of the retail
season. Council agreed to the October 1 deadline and to review the sign code November 2011.
Alexander said not everyone was in favor of these proposed amendments but through the
process, everyone is comfortable with the changes.
Bendon said he feels the outreach has been sufficient; there has been a lot of support from
ACRA and their e -mail blasts. Bendon said a review in one year to see if there are corrections to
be made is a good idea. Councilman Johnson said retailers and restaurateurs focus on their
immediate business and he would like to make sure their needs are honored. Councilman
Johnson asked about enforcement. Bendon said the enforcement has been complaint -based and
in this instance that does not work. Bendon noted for the sign code, staff should do education
outreach 3 or 4 times a year. Bendon said his department will get assistance from other
departments who spend time walking around downtown, like parking officers and construction
mitigation officers, to help with education and outreach. The changes are a double sunset with
October 1 effective date.
Councilman Skadron moved to adopt Ordinance #17, Series of 2010, on second reading as
amended; seconded by Mayor Ireland. Roll call vote; Councilmembers Torre, yes; Johnson, yes;
Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
Councilman Johnson moved to continue Ordinance #16, Series of 2010, to January 24, 2011;
seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations and Measures
Chris Bendon, community development department, told Council most of this section has not
changed in over 20 years and staff decided to review and rewrite the whole section. Bendon said
between first and second reading, staff will meet with members of the design community for
their input. Bendon reminded Council in calculating lot area, it is reduced by steep slopes and
there is currently a limit on that reduction so that the floor area is not reduced by more than 20 %.
P &Z recommended the floor area could be reduced by any amount but leaving at least 1000
square feet of FAR. Bendon said this is a substantial change would affect about 50 properties.
Mayor Ireland asked why the city cares how much someone builds on not steep slopes; the 25%
provision makes sense. Bendon said properties with physical challenges should hold less
development. This provision has been in effect for at least 25 years. Councilman Romero
agreed with the staff recommendation, to retain the existing provision.
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Regular Meeting Aspen City Council November 8, 2010
Bendon noted when floor area is measured, it is measured to the outside of the finish material;
this would change to measure floor area to the extent of the nominal structure, the face of the
studs or blocks and outside of that does not count toward floor area. Council agreed that change
makes sense. Bendon told Council all attic space counts now and the recommended change is if
it is usable space, it will count. Any space below 30" will not be counted.
Bendon pointed out a new exemption for floor area; sheds, storage area, greenhouses up to 3200
square feet/residence. Bendon said things that are below 36 ", like storage below a barbeque
grill, up to 32 square feet. Bendon said another exemption, which can be approved by the
community development director, is an exemption for historic sheds and outbuildings; if it is
made into something usable that is a different issue. Bendon pointed out an exemption for
"linking" when two structures are linked and currently everything in a structure can be "linked"
and staff is recommending eliminating this exemption. Bendon said this adds up to 60 square
feet and could be made up for the new exemptions like sheds, etc. Bendon said the design
standards require a one -story element to qualify for a linking exemption and the definition of a
one -story element gets stretched. Councilman Romero said he would like more discussion about
how the land use code would allow a one -story element to become a two -story element.
Bendon told Council that although light wells have always been exempt from the setback
requirement, the code does not say that and staff recommends including an exemption for
minimal light wells. Bendon said the code has not dealt with height and setbacks for energy
systems that are not part of the structure; this has been included as a review by P &Z. Bendon
said another change is to measure roofs to the top of the sheathing not to exterior surface.
Bendon noted the ordinance includes updated definitions of net leasable and net livable with
more specificity. Bendon said there is an exemption for airlock spaces. Bendon said staff
recommends the community development director be able to grant exemptions from calculations
and measurements for energy efficiency and for building code compliance when there is no other
alternative.
Council said they like the amendments and would like to discuss the slope reduction section
more. Councilman Johnson said he would like to discuss how to insure that the last two
exemptions that can be approved by the community development director are kept within
reasons.
Councilman Romero moved to continue Ordinance #27, Series of 2010, to December 6, 2010;
seconded by Councilman Johnson. All in favor, motion carried.
Councilman Torre moved to adjourn moved to adjourn at 9:30 PM; seconded by Councilman
Romero. All in favor, motion carried
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7 AO