HomeMy WebLinkAboutminutes.council.20110613 Regular Meeting Aspen City Council June 13, 2011
PROCLAMATION — Ruth Kruger 2
SWEARING IN COUNCIL AND MAYOR 2
CITIZEN PARTICIPATION 2
COUNCILMEMBER COMMENS 3
CONSENT CALENDAR 4
Requests Associated with Pro Cycling Challenge 5
Resolution #38, 2011 - Support for CORE's Prioritizing Clean Energy and Energy Conservation 5
Resolution #39, 2011— Contract Smuggler Mountain Forest 5
Resolution #40, 2011- New Resistance Equipment Purchase for the ARC 5
Minutes — May 23, 24, 2011 5
ORDINANCE #19, SERIES OF 2011 — Aspen Walk (404 Park Avenue) Final PUD 5
ORDINANCE #20, SERIES OF 2011 — Supplemental Appropriation Castle Creek Energy Center 7
ORDINANCE #9, SERIES OF 2011— Boomerang (500 West Hopkins) PUD Amendment 8
S /C /I ZONE APPEAL — YOGA STUDIO 14
SI JOHNON DITCH ACCESS 14
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Regular Meeting Aspen City Council June 13, 2011
Mayor Ireland called the meeting to order at 5:05 PM with Councilmembers Johnson, Skadron,
Torre and Kruger present.
PROCLAMATION — Ruth Kruger
Mayor Ireland read a proclamation commending Ruth Kruger for her service on Council for the
past 3 months. Ms. Kruger said serving on Council has been a rewarding experience, a lot of
fun and enlightening. Ms. Kruger said she will stay involved in city matters.
SWEARING IN COUNCIL AND MAYOR
Municipal Judge Brooke Peterson gave the oath of office to Adam Frisch and Steve Skadron as
Councilmembers and to Mick Ireland as Mayor.
CITIZEN PARTICIPATION
1. Emzy Veazy said Council should stick with American born.
2. Andrew Kole, CCLC, announced the Saturday Market starts this Saturday, June 18 from
8 AM to 3 PM. Kole said starting July 2 " they will be providing a booth for Aspen Tap water.
There is a new vendor, local Lindsay, who is making Saturday Market merchandise.
3. Chris Wurtle, 835 Roaring Fork road, told Council local landscapers are over - applying
pesticides within the city and the city should restrict and eliminate these pesticides. Wurtle said
his quality of life was affected by pesticides in his neighborhood. Wurtle passed out a proposed
ordinance. Bill Stirling said there are two issues; the use of toxins and warning to citizens in
advance of these applications. Stirling encouraged Council to refer the draft ordinance to the
city's environmental health department. Mayor Ireland stated Council will have staff review and
comment on the proposed ordinance.
4. Kyle Taylor told Council he, his wife and two children live in affordable housing. He is
attempting interior remodel on his new, lower category unit. Taylor said this remodel will cost
less than $10,000 and he was told the permit fees are $1800 to $3000. Taylor requested Council
look at this fee structure as it seems it would inhibit people in affordable units to do
modifications to their units. Mayor Ireland said these fees can be capitalized and recovered
when the unit is sold. Chris Bendon, community development department, told Council building
permit fees for projects of less than $10,000 are $50 according to the new fee ordinance. Bendon
suggested there are other fees, water tap, school fees, sanitation fees, over which the city has no
control. Council requested information on this project and where the fees would be attributable.
Council agreed upkeep and remodel of affordable units is important.
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Regular Meeting Aspen City Council June 13, 2011
COUNCILMEMBER COMMENS
1. Councilman Frisch said he is excited to be part of Council and has met with staff to try
and learn as much as possible.
2. Councilman Frisch said he worked the Triathlon and commended the special events
department for the job they did on this event. The triathlon moved from August to June. People
came from out of the valley and out of state and enjoyed themselves.
3. Councilman Torre congratulated the newly elected Council and Mayor and said he looks
forward to working with them.
4. Councilman Johnson noted school is out and watch out for kids on bikes and running
around.
5. Councilman Johnson said Food & Wine starts this weekend.
6. Councilman Skadron thanked the community for electing him to office for a second term.
7. Mayor Ireland thanked everyone who ran for office. Running for office is demanding
and can be hurtful. Mayor Ireland said this is his last term in office and he has 3 issues;
environmental reform, economic development and building and maintaining a sustainable
community. Mayor Ireland said accomplishing these will need citizen involvement. Mayor
Ireland said environmental reform is thinking about the long term and recognizing personal
convenience is not the greatest priority and how can habits be changed. Mayor Ireland said in
economic development, the city needs to balance between development needs of the community
and abandoning the small town character that made Aspen a great resort in the face of a
recession. Mayor Ireland said Aspen's small town character is an asset. Mayor Ireland said
there should be places for people who have never visited Aspen to be able to come to. The
average Ski company visitor ages every year. Two censuses in a row indicate aging population
8. Mayor Ireland said he would like a citizens committee to look at some election changes;
have the Mayor elected for 2 four year terms and to eliminate anonymous donations to election
campaigns.
9. Steve Barwick, city manager, told Council VII(e) Contract for Security services should
be removed until a later date. Council should continue X(b).
10. Councilman Skadron reported at the RFTA board meeting, they discussed issues
surrounding the bus rapid transit program and defining the core mission for that program.
11. Councilman Torre noted the Ruedi Water and Power Authority is working on keeping
invasive species out of Ruedi reservoir and he will forward to Council the draft letter to the
Bureau of Reclamation.
12. Mayor Ireland said he will miss the next regular meeting at he will be visiting sister cities
in France and Germany and promoting Aspen as a place to visit.
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Regular Meeting Aspen City Council June 13, 2011
13. Mayor Ireland announced that June 16 at 5:30 PM at Paepcke auditorium, there will be
a panel discussion about the hydropower plant on Castle Creek.
14. Councilman Skadron nominated Councilman Johnson as Mayor Pro Tem; seconded by
Councilman Ireland. All in favor, motion carried.
CONSENT CALENDAR
Councilman Torre asked that (a) Requests around Pro Cycling be pulled from the consent
calendar. Councilman Torre said one request is to allow banners around town for 4 weeks,
August 1 through August 30 instead of 14 days. The race comes to Aspen August 24
Councilman Frisch asked if any banner requests are being crowded out. Nancy Lesley, special
events, told Council she checked with staff and there are no other requests for this time.
Councilman Skadron said this requests starts to touch on Aspen becoming a medium for
promotion for outside events. Councilman Skadron said he is sensitive to the precedent this is
setting and the impact it would have on other events.
Mayor Ireland suggested using this banner time for more than just the Pro cycling challenge and
have banners celebrating the Komen Ride for the Cure, local bicyclists like Alexi Grewal, the 4
Mountain bike race and the Aspen back country marathon. Deric Gunshor, Aspen Skiing
Company, told Council this is a good idea; however, it will have financial implications for the
organizing committee. Councilman Johnson asked if the request to shut down construction in
the commercial core has been vetted in the construction community. Ms. Lesley said the
engineering department has put that out there to the construction community and they are
receptive to this.
John Worcester, city attorney, cautioned Council every time they allow more banners, the light
poles are being turned into a public forum and then Council has less ability to regulate what
appears on the poles. Worcester said the guiding principle is that the banners should be content
neutral. The 14 day time limit makes it a limited public forum. Exceptions to the rules make it
less defensible to deny requests. Councilman Torre asked where the request for 30 days came
from and why not a shorter period of time and is this longer period of time really effective.
Councilman Torre suggested a single place with flags and banners as a media area. Ms. Lesley
said they would like the banners to cover the event, which is August 24 The higher occupancy
in Aspen starts to wane in mid - August and the event organizers would like to make people aware
of the upcoming event.
Councilman Johnson said the community is behind this event and the banner request seems
appropriate. Mayor Ireland said he can support this if the banners are varied with other events
that are going on and being celebrated and it will make this more visually interesting. Gunshor
said they will mix the banner content around town. Councilman Torre said as far as the
construction stoppage, it will be difficult for people to get to their construction sites so he can
accept that request. Councilman Torre suggested the other groups pay for the banners that will
advertise their events.
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Regular Meeting Aspen City Council June 13, 2011
Councilman Johnson asked on the contract for new weight equipment at the ARC, what is being
done with the old equipment. Tim Anderson, recreation director, said it is traded in and that is
part of the purchase price.
Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman
Johnson. The consent calendar is:
Requests Associated with Pro Cycling Challenge
Resolution #38, 2011 - Support for CORE's Prioritizing Clean Energy and Energy Conservation
Resolution #39, 2011 — Contract Smuggler Mountain Forest
Resolution #40, 2011 - New Resistance Equipment Purchase for the ARC
Minutes — May 23, 24, 2011
All in favor, motion carried.
ORDINANCE #19, SERIES OF 2011— Aspen Walk (404 Park Avenue) Final PUD
Councilman Ireland moved to read Ordinance #19, Series of 2011; seconded by Councilman
Johnson. All in favor, motion carried.
ORDINANCE NO. 19
(SERIES OF 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) AND SUBDIVISION FOR
THE DEVELOPMENT OF SUB -GRADE PARKING, FOURTEEN FREE MARKET
RESIDENTIAL MULTI - FAMILY UNITS, AND SEVENTEEN AFFORDABLE HOUSING
UNITS FOR THE PROPERTY LOCATED AT 404 PARK CIRCLE AND 414 PARK
AVENUE, LEGALLY DESCRIBED AS LOT 3 AND 5, SUNNY PARK SUBDIVISION, CITY
OF ASPEN, PITKIN COUNTY, COLORADO
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Sara Adams, community development department, told Council this project received conceptual
approval from Council in 2008 and a one year extension was granted in 2009. The project
incorporates two properties, 404 Park Avenue and 414 Park Circle, which is owned by the Aspen
Pitkin Council Housing Authority. Both parcels are zoned RMF with a PUD overlay. The
proposal is to merge the two lots, demolish two existing buildings — a free market multifamily
building and a deed restricted affordable housing building and create one shared sub -grade
basement and two separate above grade buildings. The free market building will have 14 units
and the affordable housing will contain 17 deed restricted for -sale units, for a total of 31 units, an
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Regular Meeting Aspen City Council June 13, 2011
increase of 6 units of the existing density. This project meets the underlying RMF zone for floor
area, setbacks and density.
Ms. Adams told Council there is a technical height variance requested for the affordable housing
building which will be reviewed at second reading. The final PUD application is consistent with
the conceptual PUD approval including the offsite affordable housing mitigation for the 17.5
FTEs. The applicant is proposing to provide those by affordable housing credits.
Ms. Adams pointed out the changes from the earlier approval are one less affordable housing
units in order to meet the 100% multi - family replacement requirement. The FAR was reduced
from 1.28:1 to 1.25:1 as required in the RMF zone district. The electric cars have been
eliminated. One parking space was added for the affordable housing units. There are 24 parking
spaces for the affordable housing units and 29 parking spaces for the free market residential
units. Ms. Adams noted the project has been redesigned based on comments from staff and from
P &Z.
Conceptual approval included conditions regarding financial assurances and project ownership.
Ms. Adams told Council the city attorney is satisfied that Thomas Petters and James Wentoff no
longer have an interest in the project. PMG Aspen Walk is in bankruptcy court seeking
reorganization and the reorganization plan restricts the ability to receive financing for the project
until after final PUD approval is granted. One of the conditions of approval in the conceptual
PUD requires financial assurances, which results in a circular situation. There is a condition in
this ordinance requiring financial assurances to the satisfaction of the city attorney prior to
submittal of a permit for demolition.
P &Z voted 4 to 2 to recommend subdivision and PUD approval with conditions, which are
included in the packet. Ms. Adams said staff has concerns about the livability of the affordable
housing units and about the impact of the architecture on the neighborhood. Ms. Adams
recommended adopting Ordinance 19 and scheduling a public hearing for July 11` Ms. Adams
noted Council has received the minutes from October 2008, which is exhibit K.
Councilman Frisch asked if livability equals balconies or are there other criteria. Ms. Adams
said that is only one suggestion and she will enumerate on second reading. Ms. Adams said
density, mass, scale were flushed out at conceptual PUD; however, the livability of the
affordable housing units was not resolved. One way to increase livability is to add balconies, to
have private outdoor spaces for those residents. An outdoor patio at the back of the property is
proposed. Ms. Adams said some of the affordable housing units are sub - standard in size.
APCHA waived the minimum size requirement, which is in their purview.
Councilman Johnson requested a site visit before second reading. Councilman Johnson
requested information on the decrease in affordable housing units from 18 to 17. Councilman
Johnson said he is concerned about the livability of the housing units and specifically parking,
storage, size and lack of balconies and it appears to be stuck off to the side. Councilman
Skadron asked if the affordable housing on site meets the requirement of 100% multi - family
replacement. Ms. Adams said there are two different types of mitigation this project is required
to meet because they are demolishing free market residential units and affordable housing deed
restricted units. The applicants are meeting replacement of the free market residential
component on site with the 17 affordable housing units. The applicants are required to replace
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Regular Meeting Aspen City Council June 13, 2011
the number of bedrooms, the amount of square footage and the number of units. The mitigation
for the demolition of the deed restricted units has to be met in the form of full time equivalents,
which is 17.5 FTEs. The applicant is proposing to do that through the affordable housing credit
program. Councilman Skadron asked if there is inventory available for this. Ms. Adams said
one project is approved and is under construction. There are two other projects in the pipeline.
Ms. Adams pointed out there is a condition in the ordinance requiring the project to come back
through growth management if they cannot satisfy the affordable housing credits.
Councilman Skadron said he would like a definition of how the subgrade units not meeting the
50% net livable above grade standard comply with the newly adopted criteria. Councilman
Skadron asked if this approval includes the P &Z conditions. Councilman Skadron said one issue
is the roof top decks, which the applicant states is an economic necessity. Councilman Skadron
stated he is not a proponent of roof top decks and one of P &Z's recommendation is elimination
of those decks. Councilman Skadron said he would like a discussion of rental units versus sales
units for the affordable housing. Councilman Skadron said he would like to understand how this
building fits with similar buildings in the neighborhood; if the standard is neighborhood
character, how does this building address that.
Councilman Frisch asked if there is clarity about capital reserves and what the residents are
getting into. Stan Clauson, representing the applicants, said it is a condition of the agreement
with APCHA that there be a capital reserve. Mayor Ireland said he would like to be assured that
the affordable housing units will not be saddled with expensive improvements voted on the free
market units. Mayor Ireland about the bankruptcy reorganization plan. Worcester told Council
the plan will not be approved by the bankruptcy court until they get assurances that a final PUD
has been granted by Council. Mayor Ireland said he would like a sunset on the approval which
would give time to get financial backing but not allow the approval to be out there for years and
years. Mayor Ireland asked about the 41'11". Ms. Adams noted the city's land use code
requires height be measured from the more restrictive grade. Mayor Ireland asked how this will
read to a pedestrian. Mayor Ireland agreed with the concerns about the roof top deck and the
extra height protrusions.
Councilman Johnson moved to adopt Ordinance #19, Series of 2011, on first reading; seconded
by Councilman Frisch. Roll call vote; Councilmembers Skadron, yes; Torre, yes; Frisch, yes;
Johnson, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #20, SERIES OF 2011 — Supplemental Appropriation Castle Creek Energy
Center
Councilman Torre moved to read Ordinance #20, Series of 2011; seconded by Councilman
Johnson. All in favor, motion carried.
ORDINANCE NO. 20
(Series of 2011)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE WATER FUND OF
$2,802,030 AND AN INCREASE IN THE RENEWABLE ENERGY FUND OF $1,022,160
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Regular Meeting Aspen City Council June 13, 2011
Councilman Torre said he would like to see the entire picture for this project and for the
impacted funds. Dave Hornbacher, water department, said they are getting the final costs as
parts of the project are in design. Staff is in the process of changing the process for the energy
center and does not know what those costs will be. Steve Barwick, city manager, said he has
spread sheets for the entire project including projected rates of return. These will be in the
packet for second reading. Barwick said there is cash available in the water department to cover
their portion of the costs. Mayor Ireland asked about the Thomas reservoir drain line costs and if
these costs were always part of the budget. Hornbacher said without the hydropower project, the
need for this drain line might not have been discovered. Councilman Frisch said he would like
Council and the community to have the big picture where the money is going and for what it is
needed.
Councilman Frisch moved to adopt Ordinance #20, Series of 2011, on first reading; seconded by
Councilman Torre. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Skadron, yes;
Frisch, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #9, SERIES OF 2011 Boomerang (500 West Hopkins) PUD Amendment
Jennifer Phelan, community development department, told Council there are a number of land
use approvals required for this project, some of which have been granted by P &Z. Ms. Phelan
said notice of this hearing was mailed, posted and published and there are affidavits on file.
Councilman Frisch was provided earlier packet materials in order to get the background. The
applicants held an open house June 10 to invite neighbors to come and discuss the project.
Ms. Phelan told Council in 2006, redevelopment and expansion of the existing Boomerang lodge
was approved for 47 lodge units, 5 free market and 2 affordable housing units. There were 43
parking spaces approved, 31 underground and 12 surface parking spaces. Floor area was 1.66:1
or 44,820 square feet. The building was varied height with a 4 story element, highest height
37'6 ". This proposal is smaller than the approved lodge. The first submittal was 54 affordable
housing units within the 2006 approved shell. P &Z recommended the project get smaller to be
in line with the multi - family zone district. The applicant removed the 4 story element with a
maximum roof height of 42', lowered the number of units to 46, and the FAR is 1.5:1 or 40,000
square feet. This proposal is 45 units with height and floor area the same.
Ms. Phelan said there is a request to zone the property from R -6 /lodge preservation to RMF and
a subdivision approval because of multiple dwelling units. P &Z held 3 hearings and approved
growth management reviews for the affordable housing and recommended creation of affordable
housing certificates. When these units are built and sold, the developer will be able to sell
affordable housing certificates to people who need mitigation for their projects. PUD,
redevelopment and subdivision have similar review standards. One standard is compliance with
the adopted 2000 AACP, like compatibility with character and uses within the neighborhood,
creating a scale and mass favorable to the character of the neighborhood. Ms. Phelan pointed out
the AACP has an entire chapter on affordable housing as a goal of the 2000 plan, to provide units
in the UGB, to provide housing created by the private sector.
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Regular Meeting Aspen City Council June 13, 2011
Ms. Phelan said residential multi - family is compatible with the neighborhood and outlined the
single family, duplex, multi- family and lodge development in this neighborhood. The plan said
the zone district should be within walking distance of the city center and this property is within
walking distance and is within a block of the transit system.
Ms. Phelan noted the height and massing of this project have been reduced since the existing
entitlement. The architects are proposing a mix of materials to create visual interest and to break
up the building. The unit mix is 5 studios, 27 one - bedroom units and 13 two - bedroom units; the
units meet APCHA size allowance or have been approved at a 20% reduction. In order to
receive approval from APCHA for a smaller unit, one needs to provide on -site storage. These
units have an underground storage locker; there are outdoor patios or balconies for every unit
and the property is located near trails and open space. Ms. Phelan told Council there are setback
variances necessary for the retaining wall for the parking garage and for some of the patios and
balconies.
Ms. Phelan said P &Z recommended a parking study be conducted and was done by the
applicant. This proposal calls for 33 underground parking spaces and 13 at grade, 12 of which
are in an encroachment license along 4 street. This meets the 1:1 parking requirement. The
parking study conducted by Feldberg notes there will be overflow parking and also shows there
is on- street capacity which can accommodate both this project and the Jewish Community
Center.
Ms. Phelan recommended approval of the project as it meets many standards of the AACP; the
project is proposed by the private sector, which is a goal for affordable housing development and
is compatible with the surrounding uses. The proposed project has scale and massing favorable
to the character of the surrounding area and it has affordable housing within the urban growth
boundary. This site is within a block of transit and within walking distance of downtown.
Chris Bendon, community development department, reminded Council over the past decade
there has been a concerted effort to focus development into areas already supported by
infrastructure. It is difficult to develop where neighbors already live. Staff did like the lodge use
and also liked this site for affordable housing. Staff always struggles with the parking issue, with
having an auto -free town and also appreciates being able to drive to wherever one wants.
Bendon said the parking requirement within the townsite is 1 space /residence, which recognizes
the expectation of street parking. The parking requirement does not proscribe that people can
only have one car /residence but tries to set a balance between convenience and not having a town
dominated by the automobile.
Councilman Frisch said if there is a mismatch between demand and categories, how is that
resolved - by the applicant or by APCHA. Bendon said the applicant can chose to deed restrict
units at a lower category but it would be the applicant's option. Mayor Ireland asked how much
parking the free market residences in the area use. Ms. Phelan said on average they have 3 on-
street parking passes. Ms. Phelan reviewed the structures and uses on Hopkins between 7 and
3 rd
Steve Stunda, representing the applicants, told Council the lodge project was supported by his
neighbors and by the city. Stunda noted he still holds entitlements for a 4 -story, 50,000 square
foot lodge project with 54 units and 43 parking spaces. Stunda told Council he has an
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Regular Meeting Aspen City Council June 13, 2011
encroachment license for the head -in street parking spaces from the city; those spaces have been
used by the Boomerang over almost 50 years. Stunda said the financing for a lodge project was
not available so the applicants had to change to what they felt was the next most beneficial
community use, an affordable housing project. This location is accessible to bikes, bus and
walking. Stunda told Council the parking for this project meets the code requirement of one
space /unit. Stunda said he worked with APCHA to come up with the number and type of units.
Stunda said this proposed building is similar to the footprint of the previous Boomerang lodge;
however, it is smaller and shorter than the entitled lodge. Stunda said this project will provide
benefits to the community, 45 affordable housing units built by a private developer.
Rich Passek, Charles Cunniffee architect, told Council the original application was a conversion
of an approved lodge to an affordable housing project containing 54 units, 4- stories, 37'6" with
44 parking spaces. Passek said as a result of P &Z meetings the project was revised, the 4 story
was removed, lowering this to 32', removing 8 units and adding two parking spaces. The P &Z
approved the project with conditions. This proposal is 32' high with 45 units, 46 parking spaces
and it meets the requirements for height, density and parking for the underlying requested
zoning. Passek said the units are categories 3 and 4 and are 5 studios, 27 one - bedroom and 13
two - bedroom units. The units are designed for flexibility of layout and livability. The exterior
deck spaces add to the overall size of the units; all units have large exterior windows to bring in
light and air. APCHA has reviewed and supports the units mix and amenities. Each unit
contains washer /dryer, storage space in addition to closet space, exterior private patio or deck
space. Each unit will have one dedicated parking space and a dedicated storage space. The other
amenities include a winter storage area, exterior bike racks, exterior Ream space associated with
common areas. Passek showed the entries to the building and to the units and a common
entrance to the west end of the building.
Passek said P &Z requested the applicants address the mass and scale on site, which has been
addressed by materials, colors, varied heights and recessing parts of the building on west
Hopkins. The building will be hidden on west Hopkins by trees on site and by creating
pedestrian pathways. Passek showed photos of the original lodge, comparing it to surrounding
buildings and an aerial showing the footprint of the original building and this current proposal.
The current proposal lessens the impact on the building to the north by moving 25'. Passek said
the number of units has been reduced from 54 to 45; the mass and scale has been reduced.
Passek showed a model of the current application and the approved lodge to illustrate the
difference of mass and scale.
Jeff Ream, Felsburg Holt Ullevig, said his company did a parking study for the area. Ream said
there are valid concerns about residents with more than one car or guests and co- existence with
the Jewish Community Center. Ream told Council there is a similar parking demand for
townhomes and lodges; less of a parking demand for apartments and more of a parking demand
for single family homes. Ream said their study showed a peak demand of 65 spaces and
subtracting the parking provided underground and on street, there would be need for 20 parking
spaces on street. Ream presented tables showing how parking is used throughout the day and
evening including special event parking. The Jewish Community Center has approval for 10
events throughout the year and will need to review those with the city. The graphs show total
vehicles, where there may be impact from parking, spaces available for other parking. Ream
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Regular Meeting Aspen City Council June 13, 2011
said the 65 total spaces is less than the 76 needed for the previous projects. There is availability
in the neighborhood for the 20 cars that are not accommodated on site.
Michael Hoffman, representing the applicant, noted this is a 100% affordable housing project,
for sale units, categories 3 and 4, not designed as a family project. Hoffman reiterated 9 units
have been eliminated; the building size has been reduced by 25 %. The neighbors are concerned
about density, parking and livability of the units and Hoffman said this current application
addresses those concerns. Hoffman said this project is consistent with the character of the
neighborhood. Hoffman said the applicant completed a parking study at the request of P &Z and
the study shows that the neighborhood can accommodate this project and that this project will
have less of a parking impact on the neighborhood than the approved lodge. Hoffman said
neighbors are concerned that this project will degrade their quality of life and concerns about the
exterior appearance of the project can be addressed in the condominium documents.
Hoffman said the creation of affordable housing is an important goal of the 2000 approved and
2011 draft AACP. Hoffman noted that hotel use of this property ceased in 2007 and part of the
project was demolished. Hoffman reminded Council the certificate of affordable housing
program was adopted in 2010 and encouraged the private sector to build affordable housing. The
city will issue an affordable housing credit to a developer once the housing is completed. The
units must be categories 3 and 4 and must be for sale housing. These certificates can be sold to
developers of a free market project and those developers can use those units for mitigation.
Hoffman said the price for the certificates will be set by the market; however, since none have
been sold, there is uncertainty about the value of these certificates.
Councilman Torre asked about the appropriateness of residential multi - family zoning for this
neighborhood. Ms. Phelan pointed out table 2 which contains lot sizes and unit counts or lot
area/dwelling unit for projects within the neighborhood; 7 and Main is 1 unit/750 square feet of
lot area and the Boomerang proposed is 1 unit/600 square feet of lot area. Councilman Torre
asked why the applicant chose not to use some of the project to develop free market units.
Hoffman said they did this in order to take advantage of the certificates of affordable housing
program and not subsidize the project with free market units. Councilman Torre said letters from
the neighbors indicate that affordable housing is welcome in the neighborhood but not at this
density. Councilman Torre said he is concerned about the density and about undersized units.
Councilman Torre noted there is inner corridor entry to most of the units. Councilman Torre
said he would like to see the project modified so that it can go forward with support of the
neighborhood. Councilman Torre said he would hope that the construction mitigation impacts
for this project will be dealt with on -site.
Councilman Johnson noted livability of the units is an issue for him. Councilman Johnson said
he is concerned about the impacts of a project this size in the neighborhood and he would like to
see that minimized as much as possible. Councilman Frisch said he is not convinced there is a
lot of demand for categories 3 and 4. Bendon told Council the code requires this housing be
provided at category 4 or lower, which is standard for all mitigation. Councilman Frisch
reiterated he does not want the city to have to pick up the difference if categories 3 and 4 do not
sell. Councilman Frisch noted Little Ajax, Boomerang, Christiana with about the same lot sizes
the lot size /dwelling units goes from 1700 to 950 to 600 for the Boomerang which appears to be
seriously dense. Councilman Frisch asked at what point is density too dense. Ms. Phelan said
one can also look at the number of bedrooms /site. Bendon said in the RMF district, 1.5:1 FAR is
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Regular Meeting Aspen City Council June 13, 2011
the limitation. Mayor Ireland agreed he is concerned with the mass and scale and it appears as a
solid building along one elevation.
Mayor Ireland opened the public hearing.
Martin Matta, architect, showed a slide of the neighborhood, the Hopkins elevation showing this
is 200' of unbroken mass. There are no other neighboring buildings covering an entire block.
Matta said there are 45 units in one building covering an entire half block. The Christiana lodge
has 28 units in 8 buildings; Little Ajax is 14 units in 4 buildings and is 3 times less dense than
the Boomerang. Matta said the FAR for the proposed Boomerang is 1.5:1 and the Christiana is
.85:1. Matta told Council the applicant proposes rezoning the site RMF and there is no other
RMF zoning in this immediate neighborhood. Matta said no building in this neighborhood is
anywhere near 1.5:1. Matta said the parking in the neighborhood is generally more than 1
space /unit and the Boomerang is using the street to make up their deficiency. Matta said just
because there are empty spaces does not mean they should be totally used up. Matta said this is
about the character of the neighborhood and a balance of what this project will do to the
neighborhood.
Matta showed a footprint of 28 units in 5 buildings and how a footprint like that would relate
better to the neighborhood. Matta reiterated this building is out of balance with the
neighborhood and historic development patterns.
Jody Edwards noted Matta demonstrated this project is not compatible with the neighborhood.
The AACP favors affordable housing but also states those units should not come at the expense
of compatibility with the neighborhood. Edwards quoted from the AACP that housing should be
compatible with the scale and character of the community and should emphasize quality
construction and design even though that emphasis increases costs. Edwards further quoted from
the AACP that housing policies should emphasize the development of neighborhoods and
communities, not just units.
Edwards said the parking study states this project meets the 1:1 off street parking requirement,
which is not true; there are 33 off - street parking spaces, 1 in the alley and the on street parking
spaces on 4th street. The code requirement is for off- street parking. Edwards went through the
parking study and how many cars can fit on a block and it does not appear that fire hydrants,
sidewalks or walkways or cross walks have been subtracted, which means fewer cars can fit on a
block meaning there is less available parking in the neighborhood. Edwards requested the
project be done in a manner that is compatible with the neighborhood; that the buildings be
broken up; that the unit count be reduced.
Councilman Johnson asked if the mass were to be broken up into separate buildings, would the
neighborhood agree to taller buildings. Edwards said it is the total overall impact resulting from
the number of units. Breaking it up into smaller buildings with fewer units would have a smaller
impact on the neighborhood.
Paul Taddune, representing the Christiana Lodge, reviewed the history of the Lodge Preservation
zone and said his clients would prefer that this project remain a lodge. Taddune said that the
applicant needs some relief should not come at the expense of the neighborhood. This is a
supersize request and is 3 times the density of 605 West Hopkins. Taddune reiterated this is not
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Regular Meeting Aspen City Council June 13, 2011
an RMF zone. Dick Carter, Christiana Homeowner's, reiterated they are not against affordable
housing just such a large structure and the resulting density in a residential neighborhood. There
are impacts from year round residents and from their guests. Carter noted the impact of parking
for the Jewish Community Center is not known. The bottom line is that this is a very different
project than is the Christiana and will entail repair trucks and other workers. Rusty Scott said
parking, mass and scale, and the impact on Hopkins are too much. Scott said he favors employee
housing in the core with the right sizing of the development.
Donna Smith said parking statistics do not tell the story of living in the neighborhood. Ms.
Smith said this building is too big to gamble on whether housing credit work or not. Ms. Smith
said the alley side has no trees or greenscape; it is one large concrete mass. Ms. Smith said
breaking up the mass by using different materials is not breaking up the density. Ms. Smith said
the application should address where all the garbage cans should go. Scott Stuart, 400 W.
Hopkins, said this is a wonderful family neighborhood. Stuart said he would like to see families
in this development.
Steve Barwick, city manager, said this project by the private sector is providing affordable
housing; it is a new model with no public subsidy and provides a desirable category mix. This
building is smaller than the previously approved lodge. Barwick said there are competing
community values in this proposal. Ms. Phelan put two letters into the record.
Mayor Ireland closed the public hearing.
Hoffman reminded Council a lodge project for this site was approved in 2006 without opposition
from the neighbors. Hoffman said the applicants started with the same shell and made it all
affordable housing and through P &Z meetings came to the proposal on the table. Mayor Ireland
asked if the parking study on how many cars per block accounted for the subtraction due to
mailboxes, driveway, and distance from crosswalks. Tim Ware, parking department, told
Council the number of cars for every block in Aspen is the same; 8 cars on parallel and 11 cars
on head in with no interruptions. Ware stated there is no ordinance stating one cannot park in
front of a mailbox.
Hoffman noted the 1:1 parking requirement is a guide in a PUD; what is important is whether
there is adequate parking in the neighborhood.
Councilman Skadron asked about the 20% decrease in unit size allowed by APCHA and on what
principle is that based. Ms. Phelan said there are criteria and no reduction greater than 20% is
allowed and the criteria include additional storage outside the unit, natural light — more windows
than required, efficient layout, location. Councilman Skadron said the cost of the affordable
housing credits will be determined by the market; however, there is a cost to build a project and
will there be a minimum price in order to recover one's cost. Hoffman said there isn't.
Councilman Frisch said he does not think the price of affordable housing credits will fluctuate
much from the other affordable housing options.
Councilman Frisch said Council would like to find a common ground and would like the
applicant to be successful and it would be good to know if an alternative is financially feasible.
Councilman Skadron said Council will have to weigh competing community values.
Councilman Skadron said he would like to find a way to make this happen. Good arguments
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Regular Meeting Aspen City Council June 13, 2011
have been made about community character and this decision will come down to prioritizing
those community values. Councilman Skadron said he would like to see a more sensitive design
that speaks to the housing being compatible with the scale of community character. Matta said a
project like Benedict Commons or 7 and Main could fit on this site, provide green space, be
more in character with Aspen and work financially.
Councilman Torre said he is most interested in having the applicant address some of the
neighborhood concerns. Councilman Johnson said he would like to see a win/win/win solution.
Councilman Johnson said he preferred the lodge; however, that is not going to happen.
Councilman Johnson agreed this project is different from a lodge; it has year round residents.
Councilman Johnson said he has issues with the livability and size of the units. Councilman
Johnson said he does like that this is a private sector project and he would love to have it work.
Mayor Ireland asked about the trash removal. Ms. Phelan said there are dumpsters located along
the alley. Mayor Ireland said there were concerns about car density on the street. Mayor Ireland
said the chief problem with the building is that it is a 200' long building. Mayor Ireland noted
that Benedict commons is separate buildings that vary in height with a central courtyard and that
are on top of underground parking. Mayor Ireland said if there were fewer units and some tuck
in parking, the amount of on street parking need would be reduced. Mayor Ireland suggested it
may be worth a try to offer a few units to people who will not have a car in this neighborhood.
Mayor Ireland said he would like to see small changes to the project, making it look better, park
better, be more livable, and garner broader support. Mayor Ireland said he supports affordable
housing but it has to try and fit into the neighborhood.
Councilman Skadron moved to continue Ordinance #9, Series of 2011, to July 11 seconded by
councilman Torre. All in favor, motion carried.
S /C/I ZONE APPEAL — YOGA STUDIO
Councilman Skadron moved to continue this item to June 27 seconded by Councilman Torre.
All in favor, motion carried.
SI JOHNON DITCH ACCESS
Councilman Torre moved to continue the Si Johnson Ditch Access to June 27 seconded by
Councilman Johnson. All in favor, motion carried.
Councilman Johnson moved to adjourn at 10:20 PM; seconded by Mayor Ireland. All in favor,
motion carried.
'athryn Koch
City Clerk
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