HomeMy WebLinkAboutminutes.council.20150526Regular Meeting Aspen City Council May 26, 2015
CITIZENS COMMENTS & PETITIONS .................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 2
CITY MANAGER’S COMMENTS ............................................................................................................. 2
BOARD REPORTS ...................................................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #53, Series of 2015 – We-Cycle Vending Agreement .................................................... 3
Resolution #57, Series of 2015 – Declaration of Covenants, Restriction and Conditions for the
Edge of Ajax Condominiums .................................................................................................................... 3
Resolution #47, Series of 2015 – Asphalt Roller Replacement for Street Department .................... 3
Resolution#51, Series of 2015 – Pickup Replacement for Housing and Parks Department ............. 3
Resolution #59, Series of 2015 – Rubey Park Signage Procurement Agreement ............................. 3
Resolution #60, Series of 2015 – Parks Department john Deere Tractor Purchase .......................... 3
Resolution #61, series of 2015 – Parks Department Irrigation Upgrades Contract .......................... 3
Resolution #56, Series of 2015 – Parks Department Brush Chipper Purchase ................................. 3
Resolution #55, Series of 2015 – Holy Cross Energy Relocation Agreement – Burlingame Park 1 3
Resolution #52, Series of 2015 – Contract With Arrowhead Trails ................................................. 3
ORDINANCE #20, SERIES OF 2015 – Charter Amendment Implementation ........................................... 3
ORDINANCE #21, SERIES OF 2015 – Gibson Matchless Subdivision ..................................................... 4
ORDINANCE #15, SERIES OF 2015 – Small Lodge Preservation Program.............................................. 5
ORDINANCE #1, SERIES OF 2015 – 232 E. Main St., Base 2 Lodge, Planned Development, Design
Reviews, Demolition, and Growth Management .......................................................................................... 6
ORDINANCE #14, SERIES OF 2015 – 211 e. Hallam AspenModern Negotiation for Voluntary
Designation and Tree Removal Permit Appeal ........................................................................................... 12
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Regular Meeting Aspen City Council May 26, 2015
Mayor Skadron called the regular meeting to order at 5:00pm with Councilmembers Mullins, Romero,
Frisch and Daily present.
CITIZENS COMMENTS & PETITIONS
1. Emzy Veazy III commented on the construction of the new police headquarters. He said there
should be wifi throughout the commercial core. There should be a proclamation honoring Robert
Wagner and Jill St. John for how they promote Aspen.
COUNCILMEMBER COMMENTS
1. Councilwoman Mullins congratulated Mayor Skadron and Councilman Frisch for staying at the
Council table.
2. Councilwoman Mullins said she just got back from trips and there are a lot of issue out there like
minimum wage and environmental issues. It is important not to focus on our Aspen specific
issues and to keep aware of regional, state and national issues.
3. Councilman Frisch stated he is glad and honored to be re-elected. Hats off to Steve and the other
candidates who ran. Hats off to Linda and Jim for running a great election.
4. Councilman Romero congratulated the winners and commended those who participated in the
election. It takes a bit of courage and fortitude to take that on. He thanked the staff for a well
executed process.
5. Mayor Skadron said he launched his summer WeCycle riding program today. He encouraged
everyone to ride. It is fun and addictive.
6. Mayor Skadron said there is another vote we need to make Tuesday, June 2nd so please vote.
CITY MANAGER’S COMMENTS
Steve Barwick stated the City was awarded a certificate of excellence by Trip Advisor for the John
Denver Sanctuary. Randy Ready introduced Gena Buhler the new director of the Wheeler Opera House.
BOARD REPORTS
1. Councilman Romero said the RFTA board met and are updating the master plan on rail crossings.
They are bringing in outside legal counsel. The crossings are most important for Glenwood
Springs and Carbondale.
2. Mayor Skadron said ACRA met today. This Thursday from 5 to 7 at the Limelight is the Aspen
Bike Bash. Food and Wine is right around the corner. The lunch-in is June eleventh and the
classis is the 19 to 21. Jazz Aspen follows food and wine. Following that the music festival
starts. June occupancy rates are not where we want them but the rest of the summer is fantastic.
CONSENT CALENDAR
Resolution # 57 – Declaration of Covenants edge of Ajax.
Councilwoman Mullins said the memo referred to the units as subcategories and they are changed to true
categories she asked for clarification.
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Regular Meeting Aspen City Council May 26, 2015
Jim True, city attorney, stated we are changing the old deed restriction. We are trying to bring the
existing deed restriction into compliance with the current APCHA guidelines and give the leeway to do it
as either category one or two. The City will be renting the property.
Resolution # 55 – holy Cross Energy Relocation Agreement Burlingame Park
Mayor Skadron wants to be clear on who is responsible for what.
John Latch, parks, replied the Burlingame project is going to share in 50 percent of the costs and parks
will contribute the other 50 percent. It is a joint effort. It is necessary for the alignment and placement of
the pump house and the parallel parking. The utilities also need lowered and the easement needs
modified slightly. Mayor Skadron asked if the project is independent of the Aspen Mass one where the
power company is involved with. Tom Rubel, parks, said that is correct.
Resolution # 52 – Contract with Arrowhead Trails.
Councilwoman Mullins asked for the new trail alignment if they are taking into consideration the future
airport expansion. Matt Kuhn, parks, replied yes they have been having meetings with Pitkin County on
that. It is still early for that.
• Resolution #53, Series of 2015 – We-Cycle Vending Agreement
• Resolution #57, Series of 2015 – Declaration of Covenants, Restriction and Conditions for the
Edge of Ajax Condominiums
• Resolution #47, Series of 2015 – Asphalt Roller Replacement for Street Department
• Resolution#51, Series of 2015 – Pickup Replacement for Housing and Parks Department
• Resolution #59, Series of 2015 – Rubey Park Signage Procurement Agreement
• Resolution #60, Series of 2015 – Parks Department john Deere Tractor Purchase
• Resolution #61, series of 2015 – Parks Department Irrigation Upgrades Contract
• Resolution #56, Series of 2015 – Parks Department Brush Chipper Purchase
• Resolution #55, Series of 2015 – Holy Cross Energy Relocation Agreement – Burlingame Park 1
• Resolution #52, Series of 2015 – Contract with Arrowhead Trails
Councilman Frisch moved to adopt the consent agenda; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE #20, SERIES OF 2015 – Charter Amendment Implementation
Jessica Garrow, community development, told the Council this is first reading for Ordinance 20 which
implements the recently approved charter amendment. Public hearing is scheduled for June 1. It includes
references to the requirements in all the applicable zone districts as well as a new section in common
development review procedures. It would remove the provisions pertaining to height and floor area that
were part of Ordinance nine.
Councilwoman Mullins said she would like to see more discussion about Ordinance nine.
Councilman Frisch said there were a few aspects to Ordinance nine and it a good idea to take a look at it.
Councilman Frisch moved to read Ordinance #20, Series of 2015; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 20
(SERIES OF 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY
OF ASPEN LAND USE CODE IMPLEMENTING A CHARTER AMENDMENT APPROVED BY
CITY OF ASPEN VOTERS ON MAY 5, 2015.
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Regular Meeting Aspen City Council May 26, 2015
Councilman Romero moved to approve Ordinance #20, Series of 2015 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Romero, yes; Mullins, yes; Daily, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #21, SERIES OF 2015 – Gibson Matchless Subdivision
Becky Levy, community development, told the Council this is a request for a subdivision for 980 and 990
Gibson. It is currently condominimized with two historic structures. The applicant is aiming to split the
lot into two equal sized lots with development rights. There is an attachment with a quiet title on the
Silver King right of way that was vacated. Second reading is scheduled for June first.
Councilman Frisch asked about Staff’s concerns. Ms. Levy said it does not meet the criteria of
conforming to the original town site. Councilman Frisch said the desire to see parity in square footage in
lot size is solely based on allowing the same amount of buildable square foot to take place. Ms. Levy
replied it would be calculate and there are some slopes and the right of way would not count towards it.
Councilwoman Mullins said she has a lot of questions and needs some more clarification graphically with
map one and two at second reading and more detail with what the current FAR is. Why is the proposed
property lines so strange. She would like more precision about what we are looking at.
Councilman Daily is also interested in the allowable FAR at second reading. Not so much interested in
the exact FAR that will be built but what is allowed. Councilman Frisch asked how far forward can we
start thinking of what the next step is. Mr. True replied that is extremely important. This involved
litigation between the City and the applicant. It is important to make sure we recognize what the total
max buildable is. To do this arraignment we have to be comfortable we are consistent with the court
order. Councilman Frisch asked if we are ok having that discussion at second reading. Mr. True replied
it is inherent in the discussion.
Mayor Skadron asked what is a quite title. Mr. True said it was an adverse possession case to establish
ownership of the Silver King property. The City agreed we would not assert any claim to the property if
the conditions were met. Quiet title is a process when a party excludes other parties from ownership to a
piece of property.
Councilwoman Mullins moved to read Ordinance #21, Series of 2015; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO. 21
(SERIES OF 2015)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE GIBSON
MATCHLESS SUBDIVISION, COMMONLY KNOWN AS 980 AND 990 GIBSON AVENUE,
LEGALLY DESCRIBED AS THE ALPINE ACRES CONDOMINIUMS #1 AND #2 AND INCLUSIVE
OF A PORTION OF SILVER KING DRIVE (REC. NO. 550853), ASPEN, COLORADO
Councilman Frisch moved to adopt Ordinance #21, Series of 2015 on first reading; seconded by
Councilman Romero. Roll call vote. Councilmembers Mullins, yes; Daily, yes; Frisch, yes; Romero,
yes; Mayor Skadron; yes. Motion carried.
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Regular Meeting Aspen City Council May 26, 2015
ORDINANCE #15, SERIES OF 2015 – Small Lodge Preservation Program
Ms. Garrow said this program will create benefits for small lodges to remain as small lodges. If focuses
on simplifying and expediting City processes as well as creating planning assistance and energy
efficiency benefits. There are no dimensional changes. Staff is proposing the program be in place for
five years. The program would apply to all of the current small lodges. All but one of the twelve are in
the lodge zone district. All are listed as being economy or economy moderate lodges. All but one have
50 or fewer rooms. New lodges would be eligible with fewer than 50 rooms in the lodge zone district.
One of the questions at first reading was if a lodge could convert to other uses. Yes, but it would require
further review.
There are seven elements within the program and Staff is requesting funding for two.
The first piece is planning assistance. It provides assistance through the land use and building permit
processes. Staff is requesting 5,000 dollars to begin work in 2015 for outreach. The second part is an
expedited planning review. Small lodges would get a priority. There is no budget impact.
Third is an expedited building permit review. This would be a priority review for all complete permit sets
that are submitted. It would utilize contract and part time staff. Fourth is a building code assessment. It
would be an optional free assessment. It would be an outside person evaluating ADA compliance,
plumbing, mechanical and code compliance. Fifth is energy efficiency. It would provide additional
rebates. Staff is requesting 20,000 dollars to get the ball rolling. Sixth is building permit reductions.
This is a tiered benefit with a minor interior remodel getting the most reduction. A claw back provision is
included. Seventh is right of way improvements. Any building going through a redevelopment is
required to make certain improvements and this would provide some reimbursements.
Staff is recommending approval with a five year implementation. It would allow the City to stretch the
financial impacts over a period of time. Most of this will come up over the fall budget discussions.
Councilman Romero asked about the financial implications and how does it stack up with the current
P&L. What does it look like for 2015.
Chris Bendon, community development, said the department is funded out of the general fund. They try
to keep equity over revenues and expenses. They are currently in a period with revenues exceeding
expenses. They just pulled out of a period with expenses exceeding revenues. In terms of this year and
next year, revenues are way in excess of expenses. Councilman Romero asked about a seven year
perspective. Mr. Bendon said it is important to understand the ebb and flow is much more dramatic than
any other industry.
Councilman Romero said considering the program on the whole, 1.5 to 2.3 million, over five years. The
development community is paying for this. He does not want the public to say there they go again.
Saying it is being sucked from the general fund. The funding is not coming out of a direct impact of the
general fund. Mr. Barwick replied that is correct. This is a targeted reduction. Mr. Bendon said these
might be considered marginal revenues. We may be in a period where we are looking at reducing fees.
The smart way is to look at targeting community goals. Councilman Romero asked if the 5,000 and
20,000 dollars are necessary. Ms. Garrow replied they want to get the program off the ground in 2015.
Councilman Daily said he is comfortable with the recommendation.
Councilwoman Mullins said with only 12 lodges on the list it is easy to check in. What is the feedback.
Ms. Garrow said there was disappointment the original package did not come through. For the most part
they are glad to see some forward momentum. There is some interested in the energy upgrades.
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Regular Meeting Aspen City Council May 26, 2015
Councilwoman Mullins asked if they anticipate another staff member if the program is successful. Ms.
Garrow said that is one of the reason for the outside assistant person.
Councilwoman Mullins asked if there are any deed restrictions. Ms. Garrow said that is associated with
the building permit fee restrictions.
Councilwoman Mullins asked if something like this would have saved the mountain House. Ms. Garrow
replied she is not sure. Mr. Bendon said it takes a lot to operate a lodge. Conversion is attractive.
Councilman Frisch said he is glad to see this move forward and is proud we have gotten this far. He
hopes some of the things that were taken out like parking passes can make their way back in. At some
point these can turn into residential components. Would they need to come in to Council to change. Ms.
Garrow said they would need to pull a building permit. To do what the Mountain House did would
require a Council review. Councilman Frisch said we should hold our head up high and get this
approved. Five years is the right time.
Mayor Skadron asked what more robust component did Councilwoman Mullins suggest. Councilwoman
Mullins replied parking and the loan / grant program. There is a land rich cash poor situation. The lodges
need a little more financial relief. Mayor Skadron said the most radical thing we could do is a deed
restriction. Councilman Frisch said before we get into grants and loans we should get this passed and see
what some of the low hanging fruits are.
Mayor Skadron said generally Staff feels five years is an appropriate time frame. Mr. Bendon said this
has been a City wide goal and a goal of Council. The City invests in things needed in the community.
Ms. Garrow stated this was a part of AACP and where this originated. Mayor Skasron said it is a City
expenditure in pursuit of a community goal.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed public comment.
Councilman Frisch moved to adopt Ordinance #15, Series of 2015; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Frisch, yes; Daily, yes; Romero, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #1, SERIES OF 2015 – 232 E. Main St., Base 2 Lodge, Planned Development, Design
Reviews, Demolition, and Growth Management
Sara Adams, community development, said this is located at 232 E Main Street in the mixed use zone in
the Main Street historic district. It will increase and diversify the bed base. Last year Mark Hunt made
two proposals to increase the bed base. After first reading he focused on Base 1. Mark withdrew a lot of
his original requests and waivers. The most noticeable difference is the architecture. Based on the
concerns he looked at the project and is now proposing two roof forms, one flat and one gabled. The flat
roof meet height. In Staffs opinion, the gable is more consistent with the Main Street historic district and
bridges the mixed use and CC districts. Staff is supportive of both roof forms but favors the gabled. The
allowable floor area is 1.5 allowed in mixed use but is consistent with the CC. It is just over what is
allowed in C1. The project is located on the corner and each corner has different zoning. His property is
the most restrictive by zoning. The massing is appropriate for this location. There are setback variances
requested. The requests are consistent with the context. HPC was concerned with the rear yard setback.
The voted in favor 4 to 2.
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Regular Meeting Aspen City Council May 26, 2015
It is similar to Base 1 with the public amenities located on the roof. 12 parking spaces are proposed to be
located off site. The location and operation will be determined in the development agreement. The
affordable housing mitigation will be met with housing credits. It is at a mixed use rate of .6 FTE per
lodge bedroom. The applicant is requesting to use the .3 rate and Staff is supportive. Overall, Staff is
supportive. When looking at a planned development, the code allows Council to look at the context of the
neighborhood and what the community is getting. Staff feels it fits in with the neighborhood. The
review criteria are met.
Mitch Haas and Mark Hunt
These are small lodge rooms with no free market. They are proposing offsite parking. They have not yet
nailed down a location.
The Cortina lodge is a designated landmark building that serves as hosing for the Jerome. Less than a
zero front yard setback. The zoning on one corner is commercial core. Across the street is commercial
core. The other corner is C1. This corner is mixed use. They are complying with setbacks, FAR,
amenity space, commercial floor area, barley over lodging component. On any other corner they would
be required to provide zero parking. On this corner the parking requirement is 21 spaces.
The first 30 feet is setback five feet. All curb cuts go away and a detached side walk go in. A hotel
loading and drop off go in.
Councilman Romero said the existing canopy on the east edge is on the property line and the proposed
would be one foot back. Mr. Haas said the entire roof top deck and front space adds up to 3,800 sq ft of
public amenity space. They did not count the entire lobby or subgrade area. The Cortina has zero, Carl’s
has zero, aspen times has zero. The basement level will all be open to the public with a bar, lounge,
library, communal steam room. The ground floor will have a restaurant/café, lobby, gift shop. The
second floor will have 20 guest rooms. The third floor will have 19 guest rooms. There will be a roof top
deck.
Mark Hunt said he is not trying to fix the lodging problem but to make a dent in it. You have got to
create rooms. They are designed to be affordable, fun, social and communal. Designed specifically to the
demographic this community is trying to attract. There are issues with Base 2.
Parking. 20 are required at this site but if it were across the street it would be zero. There has to be
parking. There is a parking issue and a vehicular impact issue.
Zoning is an issue. Is the underlying zoning right. The gas station does not meet the underlying zoning.
We have an alternative plan for a 32 feet high building only four feet higher than Carl’s. Going down
Main Street there are 12 other buildings taller than 32 feet. Are we getting more than what we are giving,
I can’t see it any other way. His goal to get to 100 rooms. Not just a matter of making it work but
creating an experience. Can a 40 foot lodge work, I think it can. Why now? This was in before the
referendum was in. Base 1 and Base 2 are keeping Aspen, Aspen.
He has committed to deliver 80 new lodge rooms by December of 2016.
Councilman Daily said it is a difficult and exciting proposal. It is a courageous and important idea and an
attractive concept. There are multiple variances proposed. We don’t need to look at this as an effective
zoning to commercial core. The three corners are commercial core. What is the argument is this
shouldn’t be. The key variances are floor area to take up 2.5 times what is allowed in mixed use. There
are zero lot lines on four sides. The planned development approach in the code states the underlying zone
shall be used as a guide not a limit. Are we really using it as a guide or jumping into new territory. What
is your perspective on collective impact of variances on a neighborhood and the numerous historic
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Regular Meeting Aspen City Council May 26, 2015
resources. Mr. Hunt replied the main point of what allows this to go forward is is the underlying zoning
appropriate. It is more restrictive than a single family home in the west end. The gas station doesn’t
follow them now. This is the perfect example of where a variance is appropriate. It is being respectful of
the transition to the west. It is a significant benefit to the neighborhood vehicular wise and amenity wise.
It will be a single point of contact for the neighborhood. Relating to size, it is small. 32 feet with a flat
roof. Only four feet taller than Carl’s. It is bigger than what is there. Mr. Haas said going with the
underlying zoning we would not be able to bring you an affordable lodge.
Councilman Daily asked how the deck qualifies as a public amenity. Mr. Hunt said to look at it as a park.
The views are fantastic. There is no defined program as to what would happen up there. It would be a
great place to meet people. Councilman Daily said if done right it could be a very attractive enjoyable
place. He asked if the maximum unit size will be fixed by approval ordinance without coming back to
council. Ms. Adams replied that’s right. Councilman Daily said the 12 parking spaces is a difference
from what was approved with Base 1. He would like more emphasis on the functionality on the small
lodge rooms. He wants to make sure they will work and will keep people coming back to the town.
Councilman Romero said we have seen three different versions of the floor plans. Mr. Haas said the flat
roof plan is different than the gabled.
Councilman Romero asked how much of the roof top amenity is lost with the gabled roof. Ms. Adams
replied none.
Councilman Romero said he would prefer that which would achieve a lower height.
He asked if you would you lose any rooms with flat over gabled. Ms. Adams said the gabled is 38 rooms
and flat is 39.
Councilman Romero asked about the Base 1 and Base 2 linkage. Mr. Hunt said he knew he needed as
close to 100 rooms as he could get. Can I do it if I could only do 40. Base will ultimately go to other
places. How long can I sit and wait with two pieces of property. Councilman Romero asked him his
opinion of first floor lodge rooms. Mr. Hunt replied it’s possible not preferable. It is important to have
life on the ground floor. Councilman Romero said merits versus metrics, what should we use. Mr. Hunt
said a zone district change was my first choice but planned development was more transparent. Mr. Haas
said it wasn’t long ago rezoning was the bad word.
Councilman Romero said parking got a lot of air time at the last application. Tonight you are asking for
the opposite. Mr. Hunt said we are going to find parking. We have properties that are under contract that
will provide the number of parking spaces. Our hope is we will never park a car in the St Regis. Ms.
Adams said planning talked about the rezoning and the planned development quite a bit and said it was
important to leave it as mixed use. What is proposed is a bridge between the commercial core and mixed
use. It is less than commercial core and more than mixed use. Mr. Bendon said the zoning discussion is
absent any conditions. You can end up in a situation with a new gas station replacing the old one. You
should not do a conditional zoning. It is absent the more detailed conversation.
Councilman Romero said the measures that the community spoke of on referendum one. There is a clear
movement away from variances and small town character. Mr. Hunt said he believes in representative
government. The reality is it is 1,000 people we are talking about. There are 5,000 other voices out there
council represents.
Councilman Frisch asked if the parking solution gets signed off by staff or signed off by Council. Ms.
Adams said Council signs off on number and it would not come back to Council. Councilman Frisch said
variance or not where would you put them all for two or three months of the year. Mr. Hunt replied I
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Regular Meeting Aspen City Council May 26, 2015
think you do scramble. You design to the average then scramble. Mr. Haas said you plan to the majority
to the time. Councilman Frisch said the gabled roof does not belong in town and he would rather have the
flat roof. For zoning he does not think trying to fit the application into a rezoning is appropriate. We say
we want moderate lodging and this is what it looks like without an affordable housing component and 500
dollar nightly rate. The code is written as this and it is trying to tell us to put in a one story retail. Mr.
True said the charter allows Council or citizens to petition by ordinance on to the ballot a legislative
matter. Courts have consistently ruled zoning change and PD matters are petitionable. Citizens have the
right to petition this to the ballot. Council could place this on the ballot. Councilman Frisch said this has
nothing to do with the referendum one. If not here, where could a lodge like this show up.
Councilwoman Mullins asked what is the definition of public amenity. There was a green roofs
discussion a few years ago. Ms. Adams replied it provide a space for the public to congregate. Outdoor
dining. Open to the sky and be at grade. The applicant could pay cash in lieu, provide onsite, offsite or
an alternative method. The alternative method is on site but not at grade.
Mr. Haas said the cash in lieu would be just under 60,000 dollars. Councilwoman Mullins stated a lot of
people questioned the affordable housing for Base 1. Ms. Adams said it is .6 FTE for mixed use and .3
lodge bedroom for LP. LP addresses smaller lodges that are scattered over town. The level of service is a
lot less than that of the lodges at the base of the mountain. Councilwoman Mullins asked for an
explanation of the parking calculation. Mr. Hunt said they rounded up to 40 rooms and a 60 percent
occupied market with 30 percent of the guest driving on average. Ms. Adams said through planned
development Council is asked to establish the parking number. The code says 20 but across the street the
code says it is zero. 12 spaces sounds like a compromise. Planning is comfortable with the proposed 12
spaces. HPC could review the parking as part of detail review and it could be included as part of call up.
Councilwoman Mullins said the zoning makes quite a bit of sense and thanks for not asking for a zoning
change. It is a transition lot. It is a much more transparent way of going about the application. There is a
limited amount of land downtown. Any development needs to serve the community more than the
individual.
Councilman Daily stated he is in favor of the flat roof.
Mayor Skadron said Council received a packet of 37 emails. He said regardless of the outcome of the
election and referendum 1 passing. The expectation is to honor the rule of the people.
He wants to understand why the LP FTE rate of .3 was chosen. Ms. Adams said it relates to the level of
service. The smaller rooms provide less service. He asked is it accurate the code does not require onsite
parking but off street. She replied off street on the same lot or an adjacent lot with the same owner.
Mayor Skadron asked is the purpose of a variance to get more development on a parcel or move things
around on a lot due to a hardship. Mr. Haas said they are requesting variations. Mayor Skadron asked if
there is risk denying the applicant the same rights as adjacent properties. It is zoned as mixed use and the
gas station is non-conforming. The zoning of neighboring parcels in not necessarily a factor.
Mayor Skadron opened the public comment.
1. Erin Lentz said there was more diversity to lodging when she first moved here. She is afraid we
will lose that. This is obviously an upgrade.
2. Joey Stokes said this is an awesome project. It is good for our culture.
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Regular Meeting Aspen City Council May 26, 2015
3. Rubin Sadowsky said we need a new demographic and he is excited for it. He is excited about
the statement the building can make. It is cool, forward thinking and sustainable. Make the
rooftop something people will want to go up to.
4. Rubin from Santa Barbara said his home town is not the same as it once was. It is important to
preserve a town for what it is.
5. Dave Corbin, ski co, said lodging is the most important thing and for a long period of time this
community has been searching for affordable lodging. Should we try this, yeah I think we
should. What building aesthetically seems to fit its context. This can fit its context. It will serve
a very necessary aspect of the community and I encourage you to support it.
6. Andrew Sandler said the zoning was put in place for the time period it was set. The architecture
is great. Parking will work itself out. If the referendum was so important why do we hold our
elections at the height of offseason.
7. Eric Allen said the more people who visit the valley the more people will want to return. Visitors
will be more inclined to carpool or use the bus.
8. Phyllis Bronson said this is a great project. The will of the people have spoken over many years
over many AACP meetings. Affordable lodging has been a main issue. Keeping Aspen real
doesn’t mean mummifying aspen. Vitality is a key issue. If you throw this out we will not get
another opportunity like this in the future. I have come to trust Mark’s vision on these things. If
we ask Mark to put in writing that this will remain to stay an affordable lodge he will work with
us. Mayor Skadron asked what leaves you less enamored. Ms. Bronson replied the anger of the
people who support the referendum. The zoning is an issue and I think it should have been
changed.
9. Ben Genshaft, attorney representing the 117 North Monarch residents. They are the only
residents directly impacted. His clients are not opposed to development and support the vision
but this building will directly impact them. They ask that the five foot rear setback be honored.
It will allow more sunlight to come in and more breathing room. HPC thought it was important.
They support the flat roof for the height and aesthetically. The rezoning discussion is interesting.
It is a buffer with the west end neighborhood.
10. Lex Tarumianz is in favor of the project. It needs mass to make the project work. It is a
dynamic, creative, daring project. Approve it tonight.
11. Bill Barringer, 232 E Bleeker St., said he is more in support of the project now. 32 foot height is
warranted. Mass could be the same without the FAR bonus. The lodge will benefit from the
cross town shuttle. Much rather have 40 rooms turning over every other day than a wall greens
turning over 300 times a day.
12. Rob Colzicki said he thinks the roof top would be packed year round.
13. Mario Zulian – Ski Country Chalet in Snowmass run by airbnb. Said he pays taxes to the town of
Snowmass and lodging to the state. Ecosteam wash is his business in the gas station that will go
away with the hotel.
14. Brian Semel said this is a thank you to the community. He is not making money off of this. This
project should pass.
15. Cavanaugh O’Leary said he is one of the sponsors of referendum one. Referendum one passed.
He is absolutely a supporter of this type of project. The idea of building more rooms and not
providing parking is absurd. We need parking. We are already struggling for parking. Whether
the charter amendment applies to this application is still pending.
16. Mick Ireland stated elections do matter. We believe and want a zoning process. This project is
flawed in parking, affordable housing and affordability. He urged Council to consider it in a
broader context and zoning.
17. Mac Keeling said he is in favor of the project. As for Council not have the mechanisms to assure
this doesn’t change from a lodge to something else. You do its right now.
18. Craig Cords Pierce said this is an opportunity to catch up in a way. Aspen is one of the best
towns on earth. We have someone keeping us in the game. Finally there is energy and vitality.
You have to take risks in order to move forward. I want the Aspen back I came here for. What
makes sense may not have made sense 10 to 12 years ago in the code.
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Regular Meeting Aspen City Council May 26, 2015
19. Bill Stirling said this is another niche. The developer is taking a risk as well. This is a new
affordable form of tourist housing. You have to sort out the parking. There is an opportunity to
link with the other Base 1.
20. Maria Morrow said why do we chase our tail over lodging over and over. We chase our tails
because of the AACP. It calls for lodging but not what to sacrifice. She feels confident if zoning
was the solution Mick would have found a way to do it. Then came ordinance 19 which
incentivized to do it and it went down in flames. The AACP has a number of inconsistent goals.
We can’t have them all because they work against each other. This is the most innovative
amazing project. I believe it will work. It will be great for business.
21. Brian Douglas said people don’t have places to stay that are affordable. Parking is already
difficult and he does not think adding one hotel will make it worse. There are jobs to be had by
adding places like this. I think it is a great project. We have to take a chance.
22. James Gorman said he lives in Carbondale and works in Aspen. He takes the bus. There is a new
bus system from the front range to Aspen. He is supportive of the project.
23. Brad Smith said he has seen a lot of affordable lodging leave this town over the past 20 years.
We need lodging that brings in the youth and vitality. He fully supports this project.
24. Scott Rider stated he supports the project. It is fabulous. The vibrancy associated with the corner
will make the corner something worth visiting. What compromises do we make to get it. Inspire
people to try the town.
25. Junee Kirk said this is the last remaining historic Main Street district. This project is totally out
of height and scale. This does not give back to the community. We don’t know if it will remain
affordable. It is not in context with Carl’s pharmacy. They should start from scratch with a
design that fits in on Main Street.
26. Bill Sterling said this will anchor one of the most important corners on Main Street. One block
away is one of the most elegant flat top buildings in town, the Jerome.
27. Skippy Mesirow said the zoning encourages the values the community wants to see. The project
represents a fresh look. Make Aspen, Aspen with this project.
28. Alexia Webster said she likes the energy and excitement around this project. She encouraged
Council to continue saying yes to creativity.
29. Jim Farrey said what could be done is a two level mixed use where he could make a lot of money.
He believes Base one and two are his give back to Aspen.
Mayor Skadron closed the public comment
Ms. Adams said if this is approved it cannot be converted to free market condos. Any change would have
to come back to Council. Mr. Bendon said off street parking is the title of the chapter. It can be varied
through a planned development. It is similar to the discussion during Base 1. It is perfectly acceptable to
do it off site.
Mr. Hunt said parking is a big comment. There needs to be an alternative method.
Councilwoman Mullins said it is to benefit the most number of the community and bring vitality. The
benefit comes with a sacrifice and a compromise. The desire for no variance is not going to always work.
Referendum one passed. There have been numerous letters of support. Many from out of town.
Compromise. She would like this project to go ahead. She is not convinced of the public amenity on the
roof. It needs the alley set back. Take another look at parking. The flat roof more appropriate. She
wants to make sure materials are appropriate. If you want the lodge you do need the third story.
Councilman Frisch asked what does the height do if no roof top. Ms. Adams replied no elevator shaft.
Councilman Frisch said he has no problem with it being part of the public amenity. If the building was
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Regular Meeting Aspen City Council May 26, 2015
going down by nine feet would he be willing to discuss it. Affordable housing calculations. The LP
overlay reduction in number is because of the reduced service. He is happy to assume referendum 1 starts
right now but it is irrelevant to this conversation. The bigger factor is the community already has the
power to have a public vote on a change in zoning or a pud or pd.
We are trying hard to get lodging here. He would like to try to figure out how to get this lodge approved.
He would like to figure out how to get the setbacks in there. Parking, 20 would be great but he would
take 12.
Councilman Romero said the setbacks at the rear are a reasonable request. He would like to see Mario
land somewhere. For parking he is looking for ways to round out a superior application with an audit in a
few years. Mr. Hunt replied five feet on the back loses six rooms. If he loose the front as well it may be
too much.
Councilman Daily said he is very much in support of the project. The energy in this room tonight was
exciting. He would like one last look at the alley setback. The flat roof concept is fine. He would prefer
to see 14 to 15 parking spaces.
Mayor Skadron said Junee’s comment the about last remaining historic district and a design that fits. You
can’t simply dismiss the neighborhood context. Overall, the FAR sounds acceptable. Do better with
parking. Councilwoman Mullins said she would not augment high season parking with Rio Grande use.
Councilman Frisch moved to continue to June 1, 2015; seconded by Councilman Daily. All in favor,
motion carried.
ORDINANCE #14, SERIES OF 2015 – 211 E. Hallam AspenModern Negotiation for Voluntary
Designation and Tree Removal Permit Appeal
Councilman Romero moved to continue to June 1, 2015; seconded by Councilman Daily. All in favor,
motion carried.
Councilman Frisch moved to adjourn at 11:20pm; seconded by Councilman Romero. All in favor,
motion carried.
Linda Manning, City Clerk
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