HomeMy WebLinkAboutminutes.council.20120827 Regular Meeting Aspen City Council August 27, 2012
PROCLAMATION—Eat Drink Local Week .................................................................................2
CITIZENS PARTICIPATION........................................................................................................2
COUNCILMEMBERCOMMENTS ..............................................................................................3
CONSENTCALENDAR................................................................................................................3
❑ Board Appointment—Aspen/Pitkin Animal Shelter—Roberta Teliska...............................4
❑ Resolution 481, 2012—Calling Special Election—November 6, 2012...............................4
❑ Minutes—August 13, 2012...................................................................................................4
ORDINANCE#22, SERIES OF 2012—Sales Tax Bonds—Parks Projects...................................4
RESOLUTION#82, SERIES OF 2012—CC and CQ Code Amendments Policy Direction.........5
420 E HYMAN - Call Up................................................................................................................9
601 E HYMAN AVENUE—Call Up............................................................................................l l
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Regular Meeting Aspen City Council August 27, 2012
Mayor Ireland called the meeting to order at 5:05 PM with Councilmembers Frisch, Torre,
Skadron and Johnson present.
Gail Schwartz, state senator, presented a summary of bills, both those she worked on, which
passed, and those bills that are continuing. One important bill is a bill to fund water projects
throughout the state; one reason it is so critical is the drought throughout Colorado. There is also
a methane capture bill, which failed, and Ms. Schwartz told Council she plans on bringing it
back in front of the legislature. Ms. Schwartz said her district has gotten smaller with
redistricting which will give her a chance to focus more on this part of Colorado. Councilman
Johnson noted Aspen will be asking for a small sales tax increase to fund local schools.
Councilman Johnson asked if there is a state push to increase funding for schools. Ms. Schwartz
said Colorado is near the bottom in funding education due to limitations on budget and tax
increases. There is an equalization provision to spend the same per student per school district
throughout the state with some accommodation. The Aspen school district is the highest
performing district in the state. Anything that can be done to support schools is important.
Councilman Skadron asked the feelings in the legislature on natural gas extraction, especially
regarding Thompson Divide. Ms. Schwartz said Thompson Divide has not come before the state
legislature. The state does have oversight over the oil and gas commission. Mayor Ireland asked
about the stalking bill. Millie Hamner, state representative, said she will represent Aspen
because of the reapportionment and boundary changes. Ms. Hamner said she is a resident of the
western slope and has been in Summit county and Vail area and was a teacher and
superintendent of schools. Ms. Hamner has carried legislative relating to biomass, forest
restoration, education bills and the K-3 literacy bill. Ms. Hamner said she carried the stalking
bill and the issue is what happens after the arrest of a stalker. Ms. Hamner said she is concerned
about the Thompson Divide drilling issue.
Mayor Ireland asked the solution to getting adequate funding for the K-12 education. Ms.
Hamner noted there was a question on the November 2011 ballot that would have raised the state
sales tax to fund education and it failed. Ms. Hamner said the state of Colorado balances its
budget every year. Ms. Hamner said she hopes to be involved in finding solutions for public
education. Ms. Schwartz said the study by DU stated Colorado is in dire straits over education
funding and the state needs the ability to revise the constitution on funding education.
PROCLAMATION—Eat Drink Local Week
Lisa Houston, Edible Aspen Magazine, said this week is intended to promote areas farms and
food producers and the restaurants in Aspen sourcing local food and to encourage more
restaurants to use local foods. Mayor Ireland and Council proclaimed the week of August 25 to
August 31 st as Eat Drink Local week to build community and to support the local food economy
in Aspen.
CITIZENS PARTICIPATION
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Regular Meeting Aspen City Council August 27,2012
1. Riley Tippet, Aspen Democracy Initiative, said their group is trying to better promote
civic engagement in the 20 to 40 year old demographic. They are sponsoring a Mayor's
roundtable tomorrow at the St. Regis with 7 Mayors from Stacy Standley to Mick Ireland.
COUNCILMEMBER COMMENTS
1. Councilman Johnson reminded everyone school has started and kids are out there riding
bikes and catching buses. The first football game is Friday in Ignacio.
2. Councilman Johnson noted the pro cycling challenge race last week and City Council
beat the BOCC by yards. The community pulled out all stops and the organizers did a great job.
3. Councilman Skadron thanked the city staff for the work in putting Aspen's best foot
forward for events over the past week.
4. Councilman Frisch agreed overall everyone enjoyed the bike race and the majority sees
the big picture of the event that raises Aspen's profile.
5. Councilman Torre congratulated the Wheeler staff on the Mountain Film festival and the
growth of 25% in attendance and an increase in revenue.
6. Mayor Ireland announced the Mayor's Panel tomorrow at the St. Regis and one topic is
how to get young people involved.
7. Mayor Ireland congratulated Cooper Johnson for third place in his bike race.
8. Mayor Ireland noted town was 70% full the night before the race and 100% full the night
of the race and thanked the lodging community who worked together to create room donations
and the entire community who came together to make the event work.
9. Councilman Torre reported the Aspen Sister Cities committee met and received a report
from Aspen teens that went on an exchange to Queenstown,New Zealand. One of the missions
of the sister cities is to forward world peace and student exchange visits help foster that.
Councilman Torre pointed out there are other sister city programs, like the medical team
exchange to Bariloche.
CONSENT CALENDAR
Councilman Torre moved to approve the consent calendar; seconded by Councilman Johnson.
The consent calendar is:
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Regular Meeting Aspen City Council August 27,2012
• Board Appointment—Aspen/Pitkin Animal Shelter—Roberta Teliska
• Resolution#81, 2012—Calling Special Election—November 6, 2012
• Minutes—August 13, 2012
All in favor, motion carried.
ORDINANCE 922, SERIES OF 2012— Sales Tax Bonds—Parks Projects
Mayor Ireland moved to read Ordinance #22, Series of 2012; seconded by Councilman Johnson.
All in favor, motion carried.
ORDINANCE NO. 22
(SERIES OF 2012)
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF
ASPEN, COLORADO, OF ITS SALES TAX REVENUE REFUNDING AND
IMPROVEMENT BONDS, SERIES 2012, IN THE AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $9,995,000, FOR THE PURPOSE OF
ADVANCE REFUNDING A PORTION OF THE CITY'S 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
2012 BONDS; PROVIDING FOR THE PAYMENT OF THE SERIES 2012
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 2012 BONDS; DELEGATING THE AUTHORITY TO
MAKE A FINAL DETERMINATION OF CERTAIN TERMS OF THE SERIES
2012 BONDS; DIRECTING OFFICERS OF THE CITY TO EXECUTE
CERTAIN DOCUMENTS IN CONNECTION WITH SUCH REFUNDING
BONDS; AND DECLARING AN EMERGENCY
Councilman Johnson said for the public hearing he would like assurance that Council will have
input on the Wagner Park and Galena Plaza projects. Mayor Ireland said Council has been
reassured that they will have final say on the nature and scope of the Galena Plaza. Stephen
Ellsperman, parks department, said this bond will finance some important projects that are
Council priorities. Ellsperman said the projects will go through the public process. Ellsperman
said the plans for Wagner Park include improving the drainage and irrigation systems.
Councilman Johnson moved to adopt Ordinance 922, Series of 2012, on first reading; seconded
by Mayor Ireland. Roll call vote; Councilmembers Frisch, yes; Torre, yes; Johnson, yes;
Skadron, yes; Mayor Ireland, yes. Motion carried.
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Regular Meeting Aspen City Council August 27,2012
RESOLUTION #82, SERIES OF 2012 —CC and CQ Code Amendments Policy Direction
Jessica Garrow, community development department, pointed out this is the first code
amendment to be processed under the new procedures. This is a three step process; first getting
public outreach, which was done at a work session; the second step is for Council to provide
policy direction rather than to adopt specific code language; third step is adoption of an
ordinance with public hearings. Any time during the process Council can cease or amend the
procedure.
Ms. Garrow said the objective of this amendment is to insure that new development in CC and
C 1 zones respects the historic character and development pattern and encourages commercial
vitality. The public feedback is included and has a survey, comments from the public, small
group meetings and feedback from the P&Z and HPC. Staff did a study of similar mountain
communities to compare land uses in the downtown and height regulations. There is a draft
study examining structural and mechanical needs of buildings.
Ms. Garrow said there are two policy issues—height and land uses. From the public feedback,
there is general consensus that setbacks on the 3rd floor and for mechanical equipment make
sense. At the June 18th work session, Council directed staff to look at the 3rd floor setback and
mechanical equipment. Ms. Garrow said in other communities, the heights reflect the historical
development patterns and each community allows the ability to go above the height for
mechanical equipment. The allowable heights in other communities range from low 30's to 55'.
In the height study staff wanted to find out what should go in the area between a ceiling and a
floor, what structural equipment is needed and the results determined this a sandwich of 18"to
34" depending on the type of construction. The recommendation for Aspen is 26". Ms. Garrow
said the city's current 5' exception to the height limit for mechanical equipment is not enough
and 6' is more traditional.
Staff recommends 3 story buildings in downtown makes sense as consistent with the historical
development pattern and with the uses in the downtown. Ms. Garrow said a diversity of heights
is important and a variety of heights would be recommended. Staff is recommending 37' to 40'
for the commercial core and 35' to 38' in the C-1 zone. Staff recommends a larger first floor
height of 13' in the CC zone and 11' in the C-1 zone and 9' heights for the upper floors, which is
intended to encourage diverse uses on the first floor. C-1 zone is a transition zone between the
commercial and other areas of town.
Ms. Garrow told Council the public feedback indicated support for mixed uses in the downtown,
like lodging and commercial uses; mixed support for free market residential uses. The consistent
theme is that people want a vibrant downtown commercial area maintained. Council previously
directed limited free market residential units and lodging units should be encouraged. Ms.
Garrow said a there is a broad spectrum in other mountain communities; residences are not
allowed in Crested Butte, Steamboat Springs encourages housing in their historic town by
allowing increases in height for both free market and affordable housing uses. Ms. Garrow said
staff feels mixed use buildings should be allowed downtown; there has been an eroding of
commercial uses by the pressure from free market residential uses in a building.
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Regular Meeting Aspen City Council August 27, 2012
Ms. Garrow said a positive of free market residences is the capital to allow redevelopment of
deteriorating building, there is a potential for more lights on. Ms. Garrow said Council could
approve free market residences in historic structures only. Ms. Garrow said free market
residential units could result in someone purchasing an entire building, leave the building
moribund, which erodes the successfulness of the commercial area. Ms. Garrow said free market
residential owners could adopt condominium declarations that limit other uses in the building.
Mayor Ireland stated allowing for 3`d floor residential units has had a destructive impact on
Aspen's downtown. These units are so lucrative that they become the purpose of the application.
Mayor Ireland said the predominant theme is the recent applications of 3` floor residential units
as a development pattern. The CC and C-I zone districts have lost population since the last
census. Mayor Ireland said 3`d floor condominium units will preclude other uses and will result
in a standard non-varying height. Mayor Ireland said 3`d floor uses should not be by right but be
limited to historic buildings or under certain circumstances. Mayor Ireland said the downtown
should be limited to development that Aspen wants and needs. Mayor Ireland said he would like
the mixed use exemption for affordable housing eliminated; under the existing code one can get
credit for housing existing employees that were never housed.
Councilman Johnson agreed the city needs to be consistent with the historic built environment.
Third stories should be permitted. Councilman Johnson said he could approve the taller first
floors. Councilman Johnson said some 3`d floor residential should be allowed; they help to fund
the improvements and eliminating that use may have a negative impact on the rents for
commercial spaces. Councilman Johnson asked the legalities of telling a developer they have to
keep 3`d floor retail space open and vital. Jim True, city attorney, said the city has rights to
impose requirements as part of the development process through zoning authority. Councilman
Johnson said he feels it would be difficult to put in a 4 room lodge in downtown buildings.
Chris Bendon, community development department, stated he has been a proponent of free
market uses as a way to instigate projects and to allow for refurbishment of properties. The 2000
community plan was about infill and rehabilitation downtown due to lack of development.
Bendon said the compelling argument for him is the potential success of commercial businesses.
Bendon agreed that residential owners amending condo decs to eliminate some types of
businesses could have a chilling effect on the downtown.
Mayor Ireland said the economic engine proposal does not always work out to the community's
benefit. Mayor Ireland noted the more profitable uses will obliterate the uses the community
wants. Mayor Ireland stated it would be difficult to craft restrictions that will assure the city that
something positive will be done. Councilman Frisch suggested separating the height restriction
from the issue of free market or uses on the 3`d story. Bendon said he would like Council's
direction to adopt the code amendments in one ordinance. Councilman Frisch said when Council
sticks to the goals and staff works on the tool, it is a winning situation. Councilman Frisch said
he would like to see more people in the downtown; however, he is sensitive to creating dead
space on the first floor, which is a possibility. Bendon said he would not like the city to be
involved in negotiations on 3`d stories and their uses more than once or twice a year. Ms. Garrow
agreed the large issue is how to address the free market residential piece of the proposed
amendments; Council had stated that use should be limited in the downtown core.
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Regular Meeting Aspen City Council August 27, 2012
Mayor Ireland said a reason to eliminate the tear down and mixed use credit is free market
residential units do not pay their way for affordable housing. These projects generate employees
who are a burden on the system because they either have to commute or public funds are used to
create housing. Mayor Ireland noted if 3 stories or free market residential is not a use by right,
the city maintains control and can consider more height ifcertain conditions are met. Ms.
Garrow said a range of heights would have a starting point and if the development were doing
something extra, they could have added height. Bendon said scale and mass are important to the
community, which is why the zoning structure is written the way it is; heights and floor areas are
not a guarantee. Bendon said this is a reason a lot of time is spent on commercial design
standards, providing the latitude for boards to make decisions about design; every parcel and
every block is different.
Councilman Frisch said the issue with free market residential in the commercial core is it will be
a case by case scenario. Bendon said this should not be available for every property.
Councilman Skadron stated he would prefer no free market in the commercial core. Councilman
Skadron asked what ratio makes building heights diverse. Ms. Garrow said there is no
mathematical way to calculate that. Ms. Garrow said currently there is a diversity of heights and
types and uses and the intention is to continue that diversity. Councilman Skadron asked what
makes diversity of heights 28' to 35' or 35' to 40'. Ms. Garrow said diversity is between one,
two and three stories and within that it is important not to have buildings all the same height.
Councilman Skadron asked how many of the recent applications requested two stories. Bendon
said out of the 11 applications received, 2 are at two stories. Councilman Skadron said at that
ratio, 75% of all buildings would be three stories, moving away from diversity of heights. Ms.
Garrow said some buildings are historically designated and it is difficult to go up or down in
height. There are some view planes in town that limit what can be built.
Councilman Skadron agreed with the importance of allowing buildings to exceed the height
restrictions. Mayor Ireland said if 3`a stories are allowed, they will be free market residential
resulting in uniformity. Mayor Ireland said there are many opportunities to purchase residential
units in Aspen. Councilman Skadron said one of the most important local economic benefits is
preservation of scale. Councilman Skadron said Council should subscribe to and legislate
towards a low-rise community. Mayor Ireland said the 2010 census shows that population in the
downtown decreased over the 2000 census. Councilman Skadron noted another section of infill
that did not work was getting more affordable commercial in the downtown. Mayor Ireland said
with a 28' limit and an applicant proposes uses the city needs, then Council has a bargaining
position.
Mayor Ireland opened the public hearing.
Charles Cunniffee said in his building on east Hopkins, which contains an affordable restaurant,
which would not have been possible without the mix of free market, affordable housing and
restaurant space. This building steps back; the free market is not imposed on the street. Sarah
Broughton said there are good examples of free market residences, like the Isis, the Connor
Cabins and the Crandall building. Ms. Broughton encouraged Council to investigate the
economics of what it takes to develop in Aspen; it is very expensive.
Mayor Ireland closed the public hearing.
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Regular Meeting Aspen City Council August 27,2012
Mayor Ireland moved to amend Resolution#82, Section 2 heights, paragraph (a), to add "Three
stories and/or heights above 28' shall not be uses by right"; seconded by Councilman Skadron.
Councilman Frisch asked what other review processes there are. Ms. Garrow said the
commercial design review standards are where scale and mass of a project are looked at. This
addition would mean any proposal for a three-story building would come in front of a board as a
discretionary review. Mayor Ireland suggested Council review three-stories or buildings above
28' for impacts on view, or the appropriateness of the use, compatibility with the surrounding
neighborhood. Ms. Garrow said this would be workable; however, it is very discretionary.
Council would be reviewing a project every meeting with this type of review. Ms. Garrow
suggested if there are uses Council wants to encourage downtown, limited uses based on floor
levels could be outlined.
Councilman Johnson said he is concerned this would lead to Council designing every building in
town. Councilman Frisch said he would like to see a more specific proposal rather than just not
above 28'. Mayor Ireland noted Council is giving direction to staff that 28' is the standard and
above that is discretionary according to standards developed by Council. Bendon said the
discretion might be based on design issues; it might combine design with use issues; it might
have community enhancement parameters. Staff would come back to Council with more
specificity. Jim True, city attorney, pointed out the code is currently 28' and this would allow
additional height under certain parameters set forth clearly as possible.
Mayor Ireland said he wants clear direction that Council is not looking at three-stories as the
standard allowed by right; one can only go above that by doing certain things that will be
adopted by Council.
Councilmembers Skadron, Torre and Mayor Ireland in favor; Councilmembers Frisch and
Johnson opposed. Motion carried.
Mayor Ireland moved to amend Resolution#82, Section 3, land uses,paragraph(a) to read,
"Free market residential uses above 28' and/or on the third floor shall not be allowed in the CC
and C-1 districts"; seconded by Councilman Skadron.
Councilman Torre asked why residential uses would be allowed on the second floor. Mayor
Ireland said second floor uses with all required mitigation will drive the market like third floor
units. Councilman Torre said second floor residential has the potential to have the same cooling
effect on the downtown as third floor units. Councilman Johnson noted Aspen Modern opens
up negotiations for residential units.
Mayor Ireland withdrew his amendment.
Mayor Ireland moved to strike (a) and that free market residential uses shall not be permitted in
the CC and C-I districts; seconded by Councilman Skadron.
Councilman Torre asked what code changes would be necessary to implement that amendment
and what about allowing second floor residential uses. Bendon said staff needs direction
whether to allow residential units as a historic preservation tool or not allow them at all.
Councilman Frisch said he would like staff to qualify the use of free market in the downtown
core rather than eliminate the use altogether. Bendon said the point of redoing the way code
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Regular Meeting Aspen City Council August 27,2012
amendments are done is that in the prior system, staff would get direction at a work session,
write the amendment, go through P&Z, get public feedback, then come to Council who may not
be interested in the code amendment. This process is to get policy guidance before the ordinance
is written and will give staff clarity in what Council wants from a code amendment.
Councilman Frisch said it is in the long term best interest of the community to have some free
market units in town whether on first, second or third floor. Councilman Frisch agreed if there is
no qualifier, these units will not be to the benefit of the community. Councilman Skadron asked
if it would be injurious to the community's economy to prohibit development of free market
units. Councilman Frisch said he feels it would be a disservice to the community. Councilman
Frisch said there will never be a lodge on small downtown lots. Councilman Frisch said free
market units are one way of getting things for the community, like affordable housing.
Councilman Johnson stated one of his concerns is not allowing any free market residential could
increase commercial rents. Councilman Johnson said he would prefer to discuss how things the
city doesn't like to be fixed and allow, when appropriate, some free market residences. Mayor
Ireland said the city has to stop allowing the use that is driving out uses the community wants.
Councilman Frisch said he would prefer some allowances for free market residential; this
amendment is too restrictive. He would like to work toward getting more of what the
community wants.
Councilman Torre stated he is in support of this as he has campaigned for years to make
residential units inhabited, to increase the downtown vitality, limiting the size of units to fit full
time residents and nothing that has been put in the code has worked. Restricting the size of units
to get more density has not worked.
Councilmembers Skadron and Torre, Mayor Ireland in favor; Councilmembers Frisch and
Johnson opposed. Motion carried.
Mayor Ireland moved to have staff to draft a resolution to address the problem of the double
dip/mixed use housing exemption and the tear down credits that give one credit for affordable
housing that was never provided and rewards tear downs rather than provide credit to developers
who preserve a building; seconded by Councilman Torre. All in favor, motion carried.
Mayor Ireland moved to approve Resolution#82, Series of 2012, as amended; seconded by
Councilman Torre. Councilmembers Skadron and Torre, Mayor Ireland in favor;
Councilmembers Frisch and Johnson opposed. Motion carried.
420 E HYMAN - Call Up
Sara Adams, community development department, reminded Council they voted to call up the
conceptual commercial design and historic development approval. This building is located in the
historic district but it is not a historic landmark. Ms. Adams noted the call up provisions result
from a code amendment adopted in March which changed the call up process. The call up is
now after the conceptual review is granted, which allows Council time to address mass, scale,
height, and site planning rather than after final review. Council has 3 options; accept HPC's
decision; remand the application back to HPC with direction for reconsideration; continue the
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Regular Meeting Aspen City Council August 27,2012
meeting and request more information. Staff is recommending Council remand the project to
HPC. HPC's decision after rehearing is final and concludes the call up review.
Ms. Adams noted this proposal is to scrape and replace a two-story building with a three-story
building as mixed use. During the conceptual review, staff recommended the applicant restudy
height and the third floor setback. Ms. Adams told Council the applicant's propose to address
these concerns by lowering the height and increasing the third-floor setback. These changes
were proposed at the meeting with no new drawings; however, the changes were clear. Staffs
concern is the process. HPC decided to add a condition dealing with mass and scale at final
rather than at conceptual. Conceptual review deals with mass, scale, height and site plan. HPC
struggled with the impacts a glass box would have with the mass and scale. Final review deals
with materials.
HPC approved conceptual with the condition that mass and scale would be reviewed at final
concurrent with the materials and that has caused staff concern and recommends it be remanded.
HPC voted 3 to 2. Ms. Adams said the land use code states conceptual is a binding review on the
commission; they are setting up the size of the box. The next review is what goes into the box,
then what goes on the box. Ms. Adams said this should be remanded to HPC for them to decide
on the mass and scale of the project. Ms. Adams reiterated staff feels HPC should decide on
mass and scale at conceptual so that the applicants know what they have to work with for final
review. Mayor Ireland asked if one of the issues in mass and scale is compatibility with
surrounding properties. Ms. Adams said that is one of the guidelines.
Charles Cunniffe, representing the applicant, told Council HPC felt the size of the building was
all right but the HPC wanted to see how the materials interacted with the mass and scale. The
height has been reduced and the setback has been increased. The applicant was all right with
continuing the materials discussion with mass and scale continued to final review. Councilman
Torre asked about the height of the divider wall with the building to the east. Cunniffe said it is
the same height as the roofline. Councilman Torre asked if this dividing wall will affect the
westerly views from the building to the east. Cunniffe said the purpose of the wall is to prevent
the spread of flames from one building to another; the applicants will work to minimize that wall
and if it not required by the building code, it could be eliminated.
Councilman Torre noted he understands the design guidelines to seek variation in materials,
variation in roof lines, and he is concerned about where the design guidelines are taking the
town. Councilman Torre stated he is for a blend of new and old but not for a total discounting of
the old for one's wish about glass boxes. Councilman Torre said he does not want to see the
character of Aspen, which has brought a lot of success to the town, being turned into an urban
center of the Rockies. Councilman Torre said he would support staff s recommendation to
remand this back to HPC.
Councilman Skadron said he too supports staff s recommendation. Councilman Skadron
questioned the affect this building will have on the historic core; the design is wrong for the
historic core. Councilman Johnson agreed this should be sent back to HPC and his direction
would be to figure out mass and scale before the materials discussion. Councilman Frisch stated
he supports staff s recommendations that HPC relook at the building and design. Mayor Ireland
said he does not want to see a lot of glass buildings on the mall; the malls have a consistency and
beauty to them. There are places in town with eclectic styles but the mall is historic in character.
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Regular Meeting Aspen City Council August 27,2012
Mayor Ireland moved to remand the project to HPC; seconded by Councilman Johnson. All in
favor, motion carried.
601 E HYMAN AVENUE—Call Up
Sara Nadolny, community development department, told Council this application requests
approval of demolition of an existing building and replacement with a three-story mixed use
building. Ms. Nadolny said the proposal is commercial space on the first two floors and a free
market residential unit on the third floor. Ms. Nadolny told Council this was reviewed by P&Z
for conceptual review to approve height, scale and massing. Council chose to call up the review
and has the option to accept P&Z's decision, remand the application to P&Z or continue this
hearing to request additional information.
Ms. Nadolny noted conceptual review deals with public amenity space and this issue was left
unresolved. Ms. Nadolny pointed out the applicant decreased public amenity space on site from
13%to 6% and requested to provide the rest by cash-in-lieu. P&Z voted 4 to 2 to approve the
conceptual design and to resolve the issue of increasing the amount of on-site public amenity
space at final commercial design review. Ms. Nadolny said conceptual approval locks in how
the site will be used, staff feels the public amenity issue should be resolved before going forward
and recommends the applicant be remanded back to P&Z. The applicant has proposed to pay a
portion of the public amenity space by cash-in-lieu and P&Z recommended that be allowed.
Chris Bendon, community development department, said the purpose of allowing cash-in-lieu for
public amenities is that some sites lend themselves better to allowing onsite spaces; other
properties do not face the right way or do not have the right surrounding uses. Bendon said a
concern is that there is not clarity with what gets approved at conceptual. Bendon said staff
wants clarity with mass and scale at conceptual and not deal with mass and scale at final.
Bendon noted there is a split opinion; one of which looks at the space and says on the corner
there could be enough usable space that may have an attraction to it depending on its design.
The applicant did not take that direction; P&Z had a discussion about that issue. The design and
public amenity space depend on the type of uses on the ground floor; this building is somewhat
off the commercial core and will probably housing offices, which are allowed on the ground
floor in this zone. Bendon noted the Art Museum will be built in this block and could affect the
amount of pedestrian traffic which could result in a successful commercial space, like a coffee
shop.
Stan Clauson, representing the applicant, told Council the applicant does not have a problem
remanding this to P&Z to get the issue resolved. Clauson said the applicants are willing to
provide the full 13% of onsite pedestrian amenity. Sarah Broughton, architect, told Council they
were tasked with creating an iconic piece for this corner. This is a constrained site with only two
facades. Ms. Broughton said they used the concept of some surrounding land formations to
become part of the fagade.
Councilman Skadron said the existing building is relatable; it feels comfortable to walk next to.
Councilman Skadron noted he understands the architecture proposed for the new building but
does not feel the building captures the pedestrian the same way emotionally. Ms. Broughton
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Regular Meeting Aspen City Council August 27,2012
agreed they struggle with scale and the pedestrian experience. The first floor is setback to help
with scale. Councilman Torre noted there is a small green space in front of the building on
Hunter and the loss of this adds to the loss of the character and warmth of the downtown. The
current town character is part of what has made Aspen successful. Councilman Torre said he is
glad the applicant is approving to a 13% public amenity space.
Mayor Ireland moved to remand 601 E. Hyman to P&Z; seconded by Councilman Torre. All in
favor, motion carried.
435 W. MAIN—Notice of Call up
Mayor Ireland moved to call up 435 W. Main; seconded by Councilman Torre. All in favor,
motion carried.
Mayor Ireland moved to adjourn at 9:30 PM; seconded by Councilman Frisch. All in favor,
motion carried.
KyaE yn Koch
City Clerk
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