HomeMy WebLinkAboutminutes.council.20130114 Regular Meeting Aspen City Council January 14,2013
ANNUAL MEETING—ASPEN PUBLIC FACILITIES............................................................................................2
COUNCILMEETING........................................................................................................................................2
CITIZEN PARTICIPATION................................................................................................................................2
COUNCILMEMBER COMMENTS....................................................................................................................4
CONSENTCALENDAR.....................................................................................................................................5
• Resolution to Approve the 2013 Tourism Promotion Fund Agreement...........................................5
• Board Appointments.........................................................................................................................5
• Open Space Advisory Board—Philip Jeffrey .....................................................................................5
• Board of Adjustment—Kevin Burton................................................................................................5
• Commercial Core and Lodging Commission—Hana Pevny...............................................................5
• Housing Authority—Ron Erickson.....................................................................................................5
• Wheeler Opera House Board—Doug Clayton; Christine Benedetti..................................................5
• ARC Snow Louver Improvements...............................................................................:......................5
• Resolution#1, Series of 2013 - Designating Location for Posting Public Meeting Notices..............5
• Annexation of South Portion of Lot 1, Moses Lot Split.....................................................................5
• Burlingame Ph 2 Owner's Agent Project Management Contract .....................................................5
• Minutes- December 3, 10, 2012.......................................................................................................5
Temporary Outdoor Lighting-300 E. Hyman...............................................................................................6
RESOLUTION#8, 2013 - Burlingame Ph II Vertical Construction Contract Haselden Construction..............6
ORDINANCE#1, SERIES OF 2013—Fee in Lieu Methodology.......................................................................7
RESOLUTION #5, SERIES OF 2013—Temporary Use—AT&T Cell Tower......................................................7
RESOLUTION #3, SERIES OF 2013—Temporary Use—Above the Salt Airlock..............................................8
RESOLUTION#2, SERIES OF 2013—Temporary Use—Nugget Gallery.........................................................9
ORDINANCE#23, SERIES OF 2012—Aspen Modern Negotiation 610 E. Hyman...........................................9
ORDINANCE#25, SERIES OF 2012—Code Amendment CC and C-1 Zone District......................................12
223 EAST HALLAM- Notice of Call up for Partial Demolition and Minor Development for a landmark.....13
434 E. COOPER AVENUE—Notice of Call up—Conceptual Commercial Design and Conceptual major
Development for a property within the historic district.............................................................................13
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Regular Meeting Aspen Citv Council January 14,2013
Mayor Ireland called the meeting to order at 5:05 PM with Councilmembers Torre, Skadron, Frisch, and
Johnson present.
ANNUAL MEETING—ASPEN PUBLIC FACILITIES
Mick Ireland, president, called to order the annual meeting of the Aspen Public Facilities with members
Johnson,Torre, Skadron,Taylor, Koch and Frisch present.
Don Taylor, treasurer, reminded the Board that the Aspen Public Facilities was formed to facilitate
financing some projects. The Isis theatre is the only project currently financed by the Aspen Public
Facilities. There was no other business.
Torre moved to approve the minutes of January 9, 2012; seconded by Johnson. All in favor, motion
carried.
Torre moved to adjourn at 5:07 PM; seconded by Frisch. All in favor, motion carried.
COUNCIL MEETING
CITIZEN PARTICIPATION
1. Ward Hauenstein thanked Councilmembers for their hours and hours of public service.
Hauenstein addressed term limits and asked Council to sponsor a Charter amendment ballot issue to
define term limits for Council and the Mayor as not to exceed 8 years in a combination of offices and
after 8 years, a Council or Mayor would have to step away for 4 years. Jim True, city attorney, noted he
prepared a confidential memorandum for Council on this issue and if Council authorizes, he can release
the memorandum to the public.
Mayor Ireland moved to release Jim True's memorandum to the public; seconded by Councilman
Johnson. All in favor, motion carried.
True stated he does not believe the constitutional language is ambiguous. True said that the positions
of Council and Mayor are distinct and separate. The constitution provides for a 6 year term limit for
Mayor, 3 two year terms and an 8 year term limit for Council, 2 four year terms. True told Council CIVIL
issued an opinion in 1997, reiterated in 2001, on term limits finding that changing offices in local
government is a common practice. True pointed out that other municipalities in Colorado have issued
opinions consistent with CIVIL
True said the constitution clearly provides opportunities for home rule municipalities to adopt
ordinances lengthening, shortening,or eliminating term limits all together.True noted any Charter
amendment voted on in May 2013 would not go into effect until after the election. True said the
constitution is not ambiguous; a two-year term position is allowed 3 terms; a four-year term position is
allowed 2 terms Offices with distinct duties, distinct obligations and distinct terms, a person can move
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Regular Meeting Aspen City Council January 14, 2013
from one position to another. True said elected officials can move from one position to another and
back again; it is up to the voters to elect or not to elect someone.
Hauenstein requested Council put a Charter amendment on the May ballot to amend the home rule
charter to define term limits in Aspen to a total of 8 years combined service. A person would have to
step aside for 4 years before running again. Council asked if the Election Commission has weighed in on
this. Hauenstein said the Election Commission agreed this was a political issue and the Commission
should not be involved; it should be up to Council. Hauenstein said the constitution says"in order to
broaden the opportunities for public service and to assure that elected officials of governments are
responsible to the citizens",the term limits are defined. Councilman Torre said an amendment as
proposed would limit the electorate's ability to vote for who they might choose.
Councilman Frisch said he would like to have term limits addressed in a public meeting. Councilman
Frisch said power of incumbency is strong and since one of Council's goals is to build small town
character,one element of that is a healthy turnover with fresh faces and ideas and a rotation of citizens.
Councilman Torre stated it is ridiculous to limit people's access to a candidate they might want to
support. Councilman Torre said it takes awhile for someone elected to office to become knowledgeable
and effective. Mayor Ireland pointed out there is a recall process if an elected official is abusing his
power or wielding undue power. Mayor Ireland said he is willing to listen to arguments about term
limits.
2. Neil Siegel,Villas of Aspen, requested Council provide clarity regarding the implementation of
the conditions listed in Ordinance#20, Series of 2011,the development of the Klein property on West
Bleeker street. There was a condition stating, "engineering do appropriate studies and sign off that the
conditions are safe". Siegel reminded Council during their deliberations,they made clear if the study
indicated the need for changes to make conditions safe, approval of the ordinance would be
reconsidered by Council. Siegel said the city engineer conducted a traffic and safety study and issued a
report with two recommendations; approving sight lines and construction of a sidewalk on 8th street for
pedestrian safety. Siegel said community development department indicated they would only act on
sight lines and have trees removed.
Siegel said the homeowners wrote to Council noting this cannot be dealt with on a piecemeal basis and
were told the city is still in the process of resolving those issues. More recently,the homeowners were
told by the city that the sight lime recommendation is being implemented and will be completed before
a certificate of occupancy is granted for the property. Siegel pointed out last week, the city engineer
issued a supplemental memorandum substantiating their position for a comprehensive solution for this
area. Siegel said there is no coordination between city departments; the trees have been trimmed,
however, a large pile of snow has obscured the sight lines. .
Siegel requested Council schedule a work session to determine how the sidewalk issue should be
handled and to determine whether the city or the developer should be responsible for the cost of
achieving safety.
Jim True, city attorney,told Council the city engineer approved the driveway cut that was part of the
development proposal. True said this driveway cut is not the only issue in the area; several city
departments are trying to address issues in this area. True agreed scheduling a work session and
discussing all alternatives, including removing all parking on 8th street and installing a sidewalk, is at
Council discretion. True reiterated the city engineer approved the curb cut. Siegel pointed out the curb
cut was approved prior to the study, which was done knowing the curb cut existed.
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Regular Meeting Aspen City Council January 14,2013
Mayor Ireland said before a work session he would like a response from the city engineer. Mayor
Ireland said he is happy to schedule a work session. Mayor Ireland said it is important to maximize
safety of the street and the area. Council will schedule a work session when they have the background
information.
3. Bob Wade, Ute Mountain/Nordic Center,told Council a golf simulator has been installed in the
restaurant, which cuts the restaurant space in about half, leaving little usable space. Wade said the golf
simulator is a good gift to the city but not appropriate in the current location. Wade said the golf
simulator causes disruption for the Nordic shop; it is loud and distracting. Wade told Council he and his
staff have tried to work with the golf course staff. Wade said the golf simulator does not fit the
ambiance of the restaurant, it is,a big black box in a restaurant. Wade noted there is a social aspect to
Nordic cross country skiing and people like to socialize adjacent to the track. Wade requested Council
visit the site to make their own conclusions.
Councilman Johnson said Council did look at putting this in the basement; however,there were
construction costs with that alternative. Councilman Torre said a quieter screen has been ordered.
Wade said he is willing to go along with this experiment but would like Council to address the long term
plans. Council agreed to have a conversation with golf and Wade. Mayor Ireland said he would like data
on restaurant sales, capacity, number of users, long term solution, including remodeling of the
restaurant or of the basement before meeting with the golf staff and Nordic center
COUNCILMEMBER COMMENTS
1. Councilman Skadron said he is glad to be back after 5 weeks in Nepal and India.
2. Councilman Torre wished everyone a happy new year. Councilman Torre commended ACRA for
the great Winterskol full of community events. Councilman Torre said Soupskol is a great event; he
interviewed people there about small town character and most people answered what makes a small
town character is friendliness, the people and events like Soupskol.
3. Councilman Johnson acknowledged the tragedy of the shooting in Sandy Hook. As a result of
that the city has made changes at the Yellow Brick School, where there are pre-school classes, to
increase security.
4. Councilman Johnson said the holiday retail season didn't kick in until the end of December but
then it was a good one.
5. Mayor Ireland said he was a goalie in a fund raiser for helmet awareness and it was a great
event.
6. Mayor Ireland thanked the Limelight and St. Regis for hosting readings to young children during
the holidays. The kids really liked the readings.
7. Mayor Ireland congratulated the Hotel Jerome on re-opening their newly decorated hotel.
8. Councilman Torre reported on the Sister Cities meeting where 5 students from Shimakappu
visited and danced a traditional Japanese dance.
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Regular Meeting Aspen City Council January 14,2013
9. Councilman Torre said he attended the RFTA board meeting where they discussed the transition
to CNG; update on BRG,which is on schedule;the airport business underpass. Councilman Torre
reported RFTA is folding in BRT stops and the underpass. Councilman Torre asked Councilman Skadron
to keep an eye on the project management and the construction agencies involved; that maybe the
project is outside the scope of RFTA's expertise.
CONSENT CALENDAR
Councilman Skadron said he would like f and h pulled.
Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman Torre.
The consent calendar is:
• Resolution to Approve the 2013 Tourism Promotion Fund Agreement
• Board Appointments
• Open Space Advisory Board—Philip Jeffrey
• Board of Adjustment—Kevin Burton
• Commercial Core and Lodging Commission—Hana Pevny
• Housing Authority—Ron Erickson
• Wheeler Opera House Board—Doug Clayton; Christine Benedetti
• ARC Snow Louver Improvements
• Resolution#1, Series of 2013 - Designating Location for Posting Public Meeting Notices
• Annexation of South Portion of Lot 1, Moses Lot Split
• Burlingame Ph 2 Owner's Agent Project Management Contract
• Minutes - December 3, 10, 2012
All in favor, motion carried.
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Regular Meeting Aspen City Council January 14,2013
Temporary Outdoor Lightine -300 E. Hyman
Councilman Torre recused himself because he lives within 300 feet of the property. Deb Doyle, representing
Beva beverages, said this is an X-games promotion and is a safe house for X-game athletes for 3 nights of X-
games. GOBO lighting projects images onto a wall; these will be on 300 East Hyman. Councilman Johnson
noted X-Games are important to the community and to people who come to Aspen and this lighting request for
3 nights seem appropriate. Jim Pomeroy, community development department,told Council these images will
be on the building nightly from 6 pm to 1 am. Councilman Frisch agreed this is an appropriate request for 3
days and a good time to see how the community reacts to this.
Mayor Ireland moved to approve the temporary outdoor lighting request; seconded by Councilman Skadron. All
in favor, motion carried.
RESOLUTION#8,2013 - Burlingame Ph II Vertical Construction Contract Haselden Construction
Councilman Skadron asked if the change order process is for items outside the scope of the original
project. Chris Everson, asset management,told Council the guaranteed maximum price contract is
guaranteed for a define scope of work and due to the size of the project,there may be changes. Money
to pay for change orders will come from the contingency line item. Councilman Skadron noted the
memorandum states 25%of the access and infrastructure budget remains and asked if that 25% is being
integrated into this new contract. Everson said the access and infrastructure work was approved as
part of the 2012 budget and that work is 75%complete. Staff will request Council approve 100%of the
remaining budget be carried forward to 2013, which will be combined with that approved as part of the
2013 budget and that monies will be added to the$16.78 million contract. Everson said there is$1.6
million in savings,which will fund part of the vertical construction contract.
Councilman Skadron asked if two separate line items are being merged and is this allowable. Jim True,
city attorney,told Council this approval is for a contract to Haselten Construction for$16.8 million.
Barry Crook, assistant city manager,told Council he included the savings from the 2012 budget so that
Council will know what is being spent on Burlingame and from where that money is coming. Everson
reported 40 of the 48 units in the first 4 buildings have been reserved in pre-sales by qualified buyers.
Councilman Frisch said the agreement is a 50/50 split if this project is under budget; if it is over budget,
does the city pay the entire cost. Everson said that would depend on if the over budget costs are a
result of city change orders or requests or some contractor issue.
Councilman Frisch said he would like monthly revenue and expense reports for Council to review.
Councilman Frisch said he would like the city to honor the existing plan of category mix. Everson told
Council on the city's website is a monthly accounting of the Burlingame expenditures for phases I and II.
Mayor Ireland said the press has noted the city wants to allow dogs at Burlingame so more units can be
sold. Mayor Ireland said the point of decision about dogs is granting homeowners the ability to govern
conditions under which they live. The city is not dependent on additional sales to make the project
work;the program is demand driven. The homeowner's association should make the determination
about dog ownership. Crook told Council the HOA for Burlingame I will make a determination on
whether to lift the dog restriction. Staff is moving forward to amend the pre-annexation agreement
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Regular Meeting Aspen City Council January 14,2013
with Bar/X to allow these discussions. The intent is to allow dogs in phase II, regardless of the decision
of phase I.
Mayor Ireland moved to approve Resolution#8,Series of 2013—Burlingame Phase II Vertical
Construction Contract Haselden Construction; seconded by Councilman Skadron. All in favor, motion
carried.
ORDINANCE #1, SERIES OF 2013—Fee in Lieu Methodology
Mayor Ireland moved to read ordinance#1,Series of 2013; seconded by Councilman Torre. All in favor,
motion carried.
ORDINANCE NO. 1
(Series of 2013)
AN ORDINANCE AMENDING THE ASPEN/PITKIN COUNTY
AFFORDABLE HOUSING GUIDELINES, PART VII, SECTION 12,
AFFORDABLE HOUSING DEDICATION FEE AND ESTABLISHING A
METHODOLOGY FOR CALCULATION OF FEES.
Councilman Frisch stated he does not agree with the methodology. Councilman Frisch said the city
should be looking at what it actually costs to build. Mitigation is affected by building units, not buying
units. Tom McCabe, housing director, pointed out the housing fee has been very low and has not been
used as mitigation at Council's choice. There is some latitude within the methodology and the average
of the median price can be used to compensate for market volatility;this is a conservative and fair
approach.
Councilman Torre moved to adopt Ordinance#1,Series of 2013, on first reading; seconded by
Councilman Johnson. Roll call vote; Skadron,yes; Frisch, no;Johnson, yes;Torre,yes; Mayor Ireland,
yes. Motion carried.
RESOLUTION#5, SERIES OF 2013—Temporary Use—AT&T Cell Tower
Sara Nadolny, community development department,told Council this is a temporary use request to
maintain a movable AT&T cellular tower, cell on wheels, or COW, at the Maroon Creek Club parking lot
from January 31St to April 151h to provide additional cellular service during winter season. The COW is
14'tall and a 60'telescopic mast with attached antenna.The COW receives power from the
maintenance facility and does have a backup generator. A chain link fence will be erected around the
COW; it occupies 6 parking spaces.
Ms. Nadolny noted staff has granted a two week approval to allow the COW on site during X-games;
staff also approval this for the 2012 X-games. Ms. Nadolny said staff has issues with the longer
temporary use request. There are visual impacts; the mast would be 30' higher than the surrounding
buildings. There is no screening so the appearance of the COW will not be minimized. Chain link fences
are not used in the city nor is it compatible with the surrounding structures nor does this support the
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Regular Meeting Aspen City Council January 14, 2013
architectural standards of the Maroon Creek club. Ms. Nadolny pointed out the Maroon Creek Club
was a PUD approval with required parking and this creates a deficit in the parking. Ms. Nadolny stated
this issue is not new to the applicant;this is a request for a temporary solution to a long term problem
and is not unique to this carrier. Staff recommends denial of this request and that AT&T seeks a more
permanent solution.
Liz Walker, AT&T, requested approval to leave this temporary cellular tower up through ski season for
customer experience and public safety. Ms. Walker said this COW is to remedy for coverage and
capacity at the base of Buttermilk, which lacks sufficient RF signal and high traffic causes blocked and
dropped calls. There is an expectation from customers about being able to connect to cellular service.
Coverage is critical for public safety. Ms.Walker said capacity is an issue in this location. Ms. Walker
noted 70%of 9-1-1 calls are made from cell phones.
Ms. Walker presented cellular coverage maps to illustrate the base of Buttermilk and lack of coverage
and how it fills in when the COW is turned on. Ms.Walker said the applicants have talked to the
Maroon Creek Club and there is no apparent problem with taking up 6 parking spaces. Ms. Walker told
Council she has been working on alternate wireless sites since 2010 and there are many facets in trying
to get approval. Ms. Walker said since this is powered up and turned on, it is easier to leave it where it
is for the peak season.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public
hearing.
Councilman Frisch asked, since it is on wheels, if it can be moved. Ms. Walker said there is federal
compliance one has to go through and it could not be accomplished in time. Councilman Johnson said
for him this is a customer service decision and he is supportive of increased customer service for guests.
Councilman Skadron said he cannot support this because of a lack of sufficient screening;this can be
addressed in another way and it is wrong to address a permanent problem with a temporary solution.
Councilman Torre moved to deny Resolution#5, Series of 2012, AT&T Temporary Cell Tower; seconded
by Councilman Frisch. All in favor, with the exception of Councilman Johnson. Motion carried.
RESOLUTION#3, SERIES OF 2013 —Temporary Use—Above the Salt Airlock
Councilman Torre recused himself as he lives within 300 feet of the property. Sara Nadolny, community
development department, said this temporary use request is for an exterior custom fabric airlock on the
southern entrance of Above the Salt from January 15th to the end of the season. This is located on the
Mill street mall. The entrance to restaurant opens right onto patrons and this would protect the patrons
from the weather. Ms. Nadolny said this airlock measure 16-1/2 by 6 by 10; it is custom made and
attaches flush to the building. This airlock is 30' off the Mill street mall. Ms. Nadolny told Council the
applicant, Craig Coordes-Pearce, leased this space from 2005 to 2009, during which time this custom
airlock was constructed. During the time Coordes-Pearce was not a tenant in this space,there was a
change in the land use code to permit temporary external airlocks to be used on site and the applicant
was not aware of the code change and did not have time to create a permanent solution that would be
code compliant. Staff supports this request for one season only. The visual impacts are minor,
completely located on the applicant's property and there is not pedestrian traffic impact. Ms. Nadolny
stated the applicant will have to find a permanent code compliant solution for the future.
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Regular Meeting Aspen City Council January 14, 2013
Mayor Ireland moved to approve Resolution#3, Series of 2013, approving a temporary use for an airlock
at Salt; seconded by Councilman Skadron.
Mayor Ireland opened the public hearing.
Jay Maytin told Council they should review this particular code amendment because it hurts small
business owners,the guests using restaurants, and the environment. Maytin said airlocks are used
throughout Europe and other resorts. Maytin said the design guidelines do not address airlocks unless
they are over a certain size. Maytin said Council needs to look at this from the guest's comfort and from
an environmental stance. Maytin noted the fees for a permanent airlock cost more than the
construction itself.
Mayor Ireland closed the public hearing.
All in favor, motion carried.
RESOLUTION #2, SERIES OF 2013—Temporary Use—Nugget Gallery
Chris Bendon,community development department, reminded Council they have seen this temporary
use of gallery in a lobby/hallway of the Roaring Fork building on the Hyman avenue mall;this is the 5th
request. Bendon said Council can grant a temporary use up to 6 months; there is no limit on the
number of temporary uses that can be applied for; however,that begs the question of what is meant by
temporary. Bendon said commercial operations can operate in net leasable spaces; however, staff has
been strict about not allowing "anything" spaces to be created in commercial or residential and these
spaces not mitigated for. Bendon said this is a case study for pursuing code changes to locally serving
retail. Staff recommends this be the last temporary use granted for this business as 30 months of use is
sufficient to have experienced and examined the use. Councilman Frisch supports this with the
conditions laid out in staff's memorandum.
Ross said he has wanted to engage with staff or with Council on how to make this work longterm. Ross
said he has made this work nights when the rest of the building is closed. Councilman Johnson said he
would like to find a way to make this work as it supports small businesses. Bendon said his major
concern is the mitigation issue; other commercial spaces have to pay or provide mitigation when they
are building businesses. Businesses, given the opportunity, could do ground floor space for start up
businesses like the Nugget gallery, not only galleries.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public
hearing.
Councilman Frisch moved to approve Resolution#2, Series of 2013; seconded by Councilman Skadron.
All in favor, motion carried.
ORDINANCE #23, SERIES OF 2012—AspenModern Negotiation 610 E. Hyman
Amy Guthrie, community development department, reminded Council this is part of a negotiation for
landmark designation. The applicant has asked for incentives that are typically part of a designation. At
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Regular Meeting Aspen City Council January 14, 2013
the last meeting, Council questioned waiver of fees for affordable housing. The applicant has requested
a floor area bonus for the residential unit; most of that floor area is associated with stairwells, elevators
and hallways. There is a request for 5 year vested rights, to not provide an onsite parking space for a
portion of a required space, a request for waiver of park development and transportation fees. Staff
recommends approval of the landmark designation;the ordinance leaves blank whether the affordable
housing mitigation is to be paid, how much it would be, whether it is locked in to today's rate or the
increased mitigation.
Mitch Haas, representing Charles Cunniffe, reminded Council under the code, landmarked properties do
not pay housing mitigation for less than four employees. This proposal is for 1.725 employees and is to
provide more space for the existing employees and bring an off-site employee to the building. The
applicant is offering to pay the park development and transportation demand fees.
Mayor Ireland opened the public hearing.
Charles Cunniffe said landmark designation of this building would sterilize it from any future
development. Councilman Johnson asked if the affordable housing fee has been waived in previous
applications. Ms. Guthrie answered Council has accepted the affordable housing fee waiver in the past;
Council has requested some fees, like parking, be paid. Councilman Frisch said the housing fee waiver
has started to get to be a large amount, either monetarily or philosophically and perhaps there should
not be 100%waiver of affordable housing mitigation. The mitigation fee will increase if Ordinance#1,
2013, is adopted. Mayor Ireland agreed in the past,the fee has been locked in if the applicant pays it
when the project is approved.
Mayor Ireland noted the requested project is 692 feet above the floor area allowed and adds 1,546
square feet of residential and 949 square feet of commercial. Mayor Ireland said according to real
estate space, residential space in the commercial core has a value of$1600/square foot, commercial has
a value$800/square feet, which would add value of$3.2 million to the building and would seem one
could afford to pay affordable housing. Mayor Ireland said when one builds residential space, some
employment is generated and some burden should be borne by this applicant. Mayor Ireland said the
community is losing population and one of the needs of affordable housing is to stabilize the population.
Councilman Johnson asked about the necessity to add commercial space. Cunniffe said that space has
to be expanded so that the apartment has something to sit on structurally. Councilman Johnson
suggested an audit period and if no employees are added,the applicant would not owe affordable
housing mitigation fees. Haas suggested the building would have been designed differently if the
applicant thought he would be responsible for employee mitigation. Haas read from Section
26.470.060(4)(b) minor enlargement of an historic landmark for commercial lodge or mixed use
development which explains that the enlargement of property structure or portion of a structure
designated as historic landmark . . .one criteria is if floor area or net leasable is being increased up to 4
employees generated by the commercial, shall not require the provision of affordable housing.
Cunniffe reiterated he is transferring employees from rented office space to the newly renovated space.
Mayor Ireland said he does not think the addition of 2,495 square feet is minor. Haas noted a lot of that
number is hallways, stairs, elevators, not livable or space that generates income.
Councilman Frisch said the waiver of affordable housing for historic projects has gotten too large and
should have been addressed earlier. Councilman Frisch stated the trade off for historic designation
versus wavier of affordable housing mitigation is not in the best long term interest of the community.
The current affordable housing mitigation fee for this project would be$240,000. Council discussed
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Regular Meeting Aspen City Council January 14,2013
what affordable housing mitigation fee would be appropriate. Chris Bendon, community development
department, said the trigger point of payment of that fee could be adoption of the ordinance,
submission of a building permit, reception of a building permit or of a certificate of occupancy. Mayor
Ireland said an affordable housing mitigation fee should be paid. Council is to protect the interest of all
the people of the city and the housing program is important to stabilize the community.
Councilman Frisch said he could accept an affordable housing mitigation fee of$150,000 indexed to
inflation and payable upon pulling a building permit. Cunniffe said the fee could be deferred to if and
when the building was sold. Haas said there is some basis for this in the existing code. Councilman
Skadron asked that the affordable housing fee be tied to a principle and he could agree to$242,000 less
the parks and transportation fees of$13,400. Bendon noted this building is not obviously historic on its
face but is part of a program set up by the city to address post modern architecture. The city adopted a
negotiation process to determine how relevant a building was in historic context, discuss what it is
worth to the applicant and to the city.
Councilman Torre said this is a negotiation process and Council negotiates from the stance of trying to
win for both sides; sometimes that is not possible and maybe this building is not worth preservation.
Councilman Torre stated he is charged with balancing the community's interest and preservation of this
building with the attribute of giving away concessions and this is not supported 100%. Haas said the
community will value this building once it is restored and when the rest of the block is developed.
Councilman Johnson said he can live with a negotiated amount for affordable housing mitigation.
Councilman Skadron stated he is adamant about adhering to the principle of payment of affordable
housing mitigation of$242,000, less the payments for parks and transportation demand. Bendon said
properties that are not automatically, obviously historic,the city may not find that much value in historic
designation. Bendon noted the applicant is requesting something that is not automatically allowed in
the zone district. There are two elements in this application that are different landmark applications
that would qualify for the criteria of not mitigating for 4 or less employees. Bendon suggested Council
action they feel is appropriate and the applicant has 30 days to accept that decision.
Councilman Frisch said this project does not deserve a full break but there is some architecture
.significance that is worth saving. Mayor Ireland noted the applicant is asking for more square footage
than is allowed by code; the Council should not be bound by the code provision that a minor
amendment does not have to mitigate for affordable housing. Mayor Ireland stated 2400 square feet is
not minor. Haas said the net livable is 1909 square feet and the cap is 2000 square feet.
Councilman Skadron asked how much more circulation is being required due to the configuration of the
building. Cunniffe said 30%of the building is circulation and an average is 10 to 15%. Councilman
Skadron said this requires an additional 20%square feet for circulation.
Councilman Frisch moved to adopt Ordinance#23,Series of 2012,with $150,000 for affordable housing
mitigation, adjusted for inflation per cpi payable upon pulling the building permit,the other mitigation
fees to be paid, and a 30 days right of rescission; seconded by Councilman Johnson. Roll call vote;
Skadron, no;Johnson,yes; Frisch,yes;Torre, no; Mayor Ireland, no. Motion NOT carried.
Councilman Skadron moved to adopt Ordinance#23, Series of 2012, with a mitigation of$195,000
payable upon pulling a building permit adjusted for inflation against most common index; seconded by
Councilman Frisch.
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Regular Meeting Aspen City Council January 14, 2013
Councilman Skadron said $195,000 is a 20%discount off the$242,000 which relates to the need for
circulation in excess of a normal building. Councilman Skadron said desiring to preserve the building he
can justify the payment of$195,000.
Roll call vote; Skadron,yes;Johnson,yes;Torre,yes; Frisch,yes; Mayor Ireland, no. Motion carried.
ORDINANCE #25, SERIES OF 2012 —Code Amendment CC and C-1 Zone District
Jessica Garrow, community development department, reminded Council they requested a revised
ordinance that focuses on encouraging lodging and commercial uses downtown and limiting free market
residential uses. Staff has 3 options, each of which bans free market residential development and
encourages lodging and affordable housing uses. Ms.Garrow said option 1 would allow 3 stories on
both sides of the street with a required 35' setback on any building on the south side of the street.
Option 2 allows 3 stories only on the north side of the street; south side buildings are limited to 28'.
Option 3 allows only 2 stories regardless of the side of the street. Staff recommends option 1. Ms.
Garrow reminded Council they have discussed the potential chilling effect free market residential could
have on other uses in the building. Chris Bendon, community development department, said a
developer could take the option of mitigating affordable housing within a building in the CC, C-1 zone.
Mayor Ireland asked if Council will be in negotiations about free market condominiums. Ms. Garrow
said there are no proposed changes to the AspenModern program. Mayor Ireland asked if retail office
spaces are allowed on the ground floor in CL zone. Ms. Garrow said there are some units that are office;
most of the commercial uses in the CL zone are restaurant/retail. The ordinance more clearly outlines
that a lodge use is allowed on the ground floor. Ms. Garrow noted associated commercial uses to a
lodge will be permitted in all of the options.
Mayor Ireland opened the public hearing.
Patrick Sagal told Council he supports option 3, the 28' limit; some current developments are coming in
at two-stories. Sagal stated option 3 retains the character of Aspen and allows sun into the town. Junee
Kirk said the city should stick with 28' height limit. Ms. Kirk said she is against free market residential in
the core, which has not done Aspen any good for vitality. Ms. Kirk said affordable housing should be
mitigated on site. The zoning should keep reverence to Aspen's 19th century tall buildings and not build
to them. Mayor Ireland said allowing lodging on the north side addresses a balance between competing
values and is important to look at in light of lost vitality. Bill Wiener said most buildings are driven by
code rather than good design. Wiener said if you allow 50%footprint on the top floor it will look like
houses dropped on top with gardens, sculpture and a parapet.
Mayor Ireland closed the public hearing.
Mayor Ireland moved to adopt Ordinance#25,Series of 2012,with the option of north side lodging can
have a 3rd floor. Motion DIES for lack of a second.
Councilman Skadron said option 3 is his preferred but opposes policies that encourage diminution of
Council's core values and small town character qualities, which includes small buildings, which is defined
by 28'. There has been a decade of remodeling small 28' buildings into 3 story buildings. Councilman
Skadron said Aspen's built environment is uniquely wonderful about Aspen and is a tourism opportunity
and a business generator. Councilman Skadron noted small town character is challenged because it is
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Regular Meeting Aspen City Council January 14, 2013
inconsistent with a development agenda. Councilman Skadron said option 3 would insure that
development is done appropriately relative to Aspen's core values.
Councilman Torre said Council wants some things downtown and unless space is made available, those
will not happen; one of these is lodging in the core, incubator business space and affordable housing.
Councilman Torre noted if all buildings are limited to 28',the opportunities for development of uses
Council wants are limited. Councilman Skadron said his priority is the physical structure of buildings.
Mayor Ireland said the free market residences are draining vitality from the downtown. Mayor Ireland
said a lodge on the north side of the street does not destroy small town character.
Mayor Ireland said both CC and C-1 zones should be available for lodge development; people can walk
to many facilities. Aspen needs to replenish its tourist base. Councilman Torre stated he does not
support option 1; option 2 does have uses that should be encouraged downtown. Councilman Torre
said he is willing to slow growth down for sustained Aspen success. Councilman Torre said without
trying some of this, including lodges, the possibilities will be unknown. Councilman Skadron said the
code changes over the past decade have not resulted in return of locally serving business to the
community.
Councilman Frisch stated he supports allowing some focused uses that are needed in Aspen, especially
lodging, in the CC and C-1 zones. Councilman Johnson said he has not heard a majority of voices
favoring one course of action over another. Councilman Johnson stated Aspen is a resort-based
economy and a large portion of that is lodging. Councilman Johnson said he does not think a 12-room
lodge in the CC zone would be possible or feasible. Councilman Johnson pointed out there are very few
people here to talk about this ordinance. Councilman Johnson suggested Council let the applications in
the pipeline come through and see the affect of those.
Mayor Ireland moved to adopt Ordinance#25,Series of 2012, on second reading; option 2 with a third
floor on the north side for lodging and associated commercial uses with two full stories and a %story
and by special review, could be a full story; seconded by Councilman Skadron.
Roll call vote; Skadron,yes;Torre,yes; Frisch,yes;Johnson, no; Mayor Ireland,yes. Motion carried.
223 EAST HALLAM-Notice of Call up for Partial Demolition and Minor Development for a
landmark
Chris Bendon, community development department,told Council this is a house on a large lot that is
proposing to come through the subdivision for a lot split.
Councilman Johnson moved to accept HPC's decision and not call this up; seconded by Mayor Ireland.
All in favor, motion carried.
434 E. COOPER AVENUE—Notice of Call up—Conceptual Commercial Design and
Conceptual major Development for a property within the historic district
Chris Bendon,community development department, said HPC did a thorough review of the proposed
development for the Bidwell building.
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Regular Meeting Aspen City Council January 14, 2013
Mayor Ireland moved Council accept HPC's decision and not call up the project; seconded by
Councilman Skadron. All in favor, motion carried.
Councilman Skadron moved to adjourn at 11:10 PM; seconded by Councilman Torre. All in favor,
motion carried.
Kathry och, City Clerk
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